Such impoundments shall comply with all accessory use setbacks;

No such impoundment shall contain more than 1,000 gallons. All impoundments exceeding the requirements of this section shall be considered as man-made lakes, dams and impoundments, and are subject to the criteria listed in Subsection E;

No such impoundment shall have a maximum depth exceeding two feet;

All such impoundments shall be maintained so as to not pose a nuisance by reason of odor, or the harboring of insects; and

No such impoundments shall be used for the commercial hatching of fish or other species.

All dams, ponds, lakes and impoundments located along and connected to a stream, that involve any of the following, shall require the obtainment of a permit from the PA DEP or other appropriate agency, or a letter indicating that the proposed use does not require a permit:

All vehicles shall be maintained with proper licensure;

All work shall be performed on the vehicle owner's (leasee's) property of residence;

All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of (see § 490-43);

All such activities shall be conducted during daylight hours and so as not to disturb adjoining properties; and

All exterior repair, maintenance and servicing activities shall be completed within 72 hours.

Minimum lot area: one acre for Group 2 animals and two acres for Group 3 animals. Additionally, the following list specifies additional area requirements by size of animals kept. The keeping of a combination of animal types (Group 1, 2 and 3) shall require an animal density equal to the ratio of the number of animals, by type.

The following lists minimum setbacks (from all property lines) imposed upon the placement of any structure used to house noncommercial livestock. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply.

All structures used to house noncommercial livestock shall be prohibited from placement in the front yard.

All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape of the animals.

All animal wastes shall be properly stored and disposed of, so as not to be detectable at the site's property line. All animals, their housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties.

For purposes of this section only, the term "livestock" shall mean cattle, cows, hogs, horses, sheep, goats, emus, llamas, poultry, rabbits, birds, exotic wildlife when permitted by the Pennsylvania Game Commission or other appropriate regulatory agency, and other similar animals.

Roadside stands shall not exceed 300 square feet of floor area.

Roadside stands must be located at least 10 feet from the right-of-way line.

At least 50% of the products sold must be produced on the site.

A maximum of two signs will be permitted and shall not exceed 15 square feet in total area, nor exceed a maximum height of six feet.

Noise level shall not exceed 60 dBA, as measured at the property line.

Proof must be provided that the electric utility company has been informed of the property owner's intent to install an interconnected customer-owned generator.

Proposed installation must be certified by an authorized inspector to conform to the National Electrical Code.

Towers must be set back from the property line a horizontal distance at least equal to 110% of the height of the tower and wind turbine. In addition, no tower may be constructed to a height exceeding that imposed by FAA regulations.

The outdoor wood-fired boiler shall only burn allowed fuels.

The outdoor wood-fired boiler shall be located on a lot with not less than 1 1/2 acres.

The outdoor wood-fired boiler shall be situated not less than 50 feet from any property line.

The outdoor wood-fired boiler shall not be permitted in a front yard.

The outdoor wood-burning boiler shall have a chimney height as required by the manufacturer, and the chimney must extend a minimum of 10 feet above the ground and be installed according to the manufacturer's specifications.

All ashes or waste may be disbursed on the property where the outdoor wood-fired boiler is located. Any large accumulation of ashes or waste exceeding five yards must be disposed of in a manner approved by the Township or the Pennsylvania Department of Environmental Protection.

All outdoor wood-fired boilers shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structure pursuant to a permit issued hereunder, including residential swimming pools.

In the event that any outdoor wood-fired boiler is damaged by more than 50%, or it is physically deteriorated or decayed, the said appliance must be removed and/or replaced with a Phase 2 unit within 60 days of the date that notice is received from the Township. In such event, all provisions of this subsection, including but not limited to permitting procedure, shall be complied with.

Before a zoning permit is issued for the installation of an outdoor wood-fired boiler, a site plan is required showing the location of the proposed appliance on the property, location and height of all existing structures on the property, and distances from the appliance to existing structures on the property. The manufacturer's specifications and instructions shall also be furnished to the Township before a permit can be issued.

No person shall install or construct a small solar energy system until a principal building is constructed and all applicable zoning and building permits are issued.

All owners of property upon which a solar energy system is installed shall be required, as a condition of the issuance of the zoning permit, to acknowledge in writing to the Township that the issuance of a zoning permit for a solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title, or create in the property itself:

The design and installation of small solar energy system shall conform to applicable industry standards, including those of the ANSI, Underwriters' Laboratories (UL), the ASTM, or other similar certifying organizations and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer's specifications shall be submitted as part of the application.

All solar energy system installations must be certified by a professional firm from a list of approved solar electric installers provided on the Pennsylvania Sunshine Program website operated by the Pennsylvania Department of Environmental Protection or from the North American Board of Certified Energy Practitioners.

All structural parts of any ground-mounted small solar energy system shall meet all accessory structure setback requirements for the zone in which it is located, but in no event shall they be closer than 15 feet to any side or rear property line.

Small solar energy systems mounted on the roof of any building shall be allowed to exceed the maximum height of the district, provided that they do not exceed the maximum height by more than five feet. If the panels cover more than 50% of the roof area, the owner shall provide evidence, in the form of stamped plans certified by a professional engineer, that the roof is capable of holding the load.

Small solar energy systems which are ground-mounted or detached from the principal or accessory structure shall comply with all height restrictions for accessory structures in that zone.

The determination as to whether or not the system constitutes pervious or impervious coverage shall be undertaken by the Zoning Officer at the time of submission of the application based on the material used for ground cover under the system.

The owner shall provide evidence, in the form of electric usage data, demonstrating that the sizing of the system does not exceed the needs of the property. Off-grid systems shall be exempt from this requirement.

Ground-mounted solar energy systems shall not be placed within any legal easement or right-of-way location or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

In the Rural Agricultural District, roof-mounted systems are preferred; and if the property owner wishes to install a ground-mounted or freestanding system, the owner shall demonstrate that roof-mounted systems are not practical. Ground-mounted and freestanding components of the small solar energy system shall be permitted on prime agricultural land or prime agricultural soils, provided that the total area of prime agricultural land or prime agricultural soils utilized for the ground-mounted and freestanding components does not exceed 1/4 acre. All underground on-site utility and transmission lines located on prime agricultural land or prime agricultural soils shall be placed at a sufficient depth so as not to interfere with surface farming activities.

A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners and similar materials. The manufacturer's or installer's identification and any appropriate warning signs and placards may be displayed on the solar energy system, provided they comply with the Township's sign regulations.

The solar energy system shall be kept in good repair and sound condition. Upon abandonment of use, the solar panels and all related structures and equipment shall be dismantled and removed from the lot within 60 days.

If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded.

Multiple solar energy systems. In the event that a property owner seeks to install more than one roof-mounted or ground-mounted solar energy system, the second or subsequent apparatus shall require approval by the Zoning Officer upon review and certification of the impact of the same by a registered engineer.

The design and installation of geothermal energy systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the ANSI, the IGSHPA, ASTM, the AR1, or other similar certifying organizations, and shall comply with the Building Code and with all other applicable Township requirements. The manufacturer's specifications shall be submitted as part of the application. The installer must have at least one representative who is certified by IGSHPA.

In all closed-loop geothermal energy systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids, such as food-grade propylene glycol, shall be permitted. No dye shall be permitted.

Setbacks.

Site plan. The construction documents submitted with the application for a permit shall be accompanied by a site plan showing the size and location of new well construction, proposed buildings, existing and proposed on-lot sewage treatment systems, and existing structures on the site, distances from lot lines, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition or abandonment, the site plan shall show construction to be demolished or abandoned and the location and size of existing structures and construction that are to remain on the site or plot. The municipal official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

Construction requirements. All boreholes must be dug, cased, and sealed in accordance with all applicable PA DEP regulations and protocol.

Abandonment. If the geothermal system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at his/her expense after a demolition permit has been obtained in accordance with the following:

Standards for accessory dwellings. Where authorized as a special exception or conditional use under the terms of this chapter, accessory dwellings may be created in accordance with the following standards. There shall not be more than one accessory dwelling unit created on any single-family residential lot.

A use and occupancy permit shall be required prior to the occupancy of an accessory dwelling unit. The permit form, as provided by the Township, and accompanying required fee shall be submitted by the property owner. An application to renew the permit shall be submitted annually prior to the intended continuation of occupancy. It shall be unlawful for the accessory dwelling unit to be occupied beyond the operative period of a permit. The accessory dwelling unit shall be subject to inspection by the Zoning Officer prior to issuance of the initial use and occupancy permit and then at least once every three years thereafter while the dwelling unit is occupied, on or about the date of initial occupancy. The Zoning Officer shall also inspect the accessory dwelling unit whenever there is a change in ownership of the property. Whenever there is a change in occupancy of the accessory dwelling unit, an inspection of the dwelling unit and issuance of a use and occupancy permit must precede the new occupant residing in the dwelling unit.

Parking or storage is permitted anytime inside any enclosed structure which conforms to the zoning requirements of the district.

Parking or storage is prohibited within 15 feet from the edge of the street or road cartway.

Used or occupied for dwelling purposes or used for cooking; or

Connected to sewer lines, water lines or electric lines; provided, however, that temporary connection for loading, unloading, cleaning or servicing is permitted.

In the Residential Zone, accessory outdoor storage shall be limited to 100 square feet. Any accessory outdoor storage area shall be set back no less than 50 feet from all property lines and shall be screened by vegetation or a fence.

In all zones other than the Residential Zone, accessory outdoor storage shall be limited to 500 square feet. Any accessory outdoor storage area shall be set back no less than 100 feet from all property lines and shall be screened by vegetation or a fence.

Bus shelters, telephone booths; and cornices, eaves, chimneys, steps, canopies, and similar extensions but do apply to porches and patios, whether covered or not;

Open fire escapes;

Minor public utility structures which do not meet the definition of a building, articles of ornamentation or decoration; and

Fences, hedges and retaining walls.

Water towers, antennas (other than communication antennas and towers), utility poles, smokestacks, chimneys, agricultural buildings, farm silos, flagpoles, or other similar structures;

Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances;

Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roof line; and

Small wind energy system.

A metes-and-bounds description of the easement for the driveway which shall be not less than 25 feet in width for its entire length.

A plan of the entire length of the easement for the driveway. The private rights-of-way shown on this plan shall remain private rights-of-way and are not being offered for dedication to the Township as public rights-of-way.

Identification of all lots which have any rights to use the easement and the nature and extent of those rights (e.g., access and any limitations on the types of vehicles which may use the easement to gain access, installation of utilities, etc.)

Assignment of maintenance responsibility for the driveway.

A specific prohibition against any owner or occupant of a lot through which the easement passes from blocking the driveway or interfering with the use of the driveway in any manner.

The owners of the lots served by a joint-use driveway, their heirs and assigns, are prohibited from creating any right or license to any adjoining landowner to use the private right-of-way for ingress, egress, regress or utility location or for any other purpose whatsoever, unless or until the private right-of-way has been constructed and improved as to conform in all respects with the then prevailing Township specifications for public streets, or satisfactory financial security is in place to guarantee the same. In such event, the right-of-way is intended to become a public road of the Township and the conditions and restrictions set forth above shall become null and void.

The Township shall have no duty, responsibility, or liability relative to construction, maintenance, repair, or snow removal of said private right-of-way.

Financial security shall be posted for private right-of-way to ensure completion of improvements.

No further subdivision of lots served by a joint-use driveway shall be permitted unless or until the private right-of-way has been constructed and improved as to conform in all respects with the then prevailing Township specifications for public streets, or satisfactory financial security is in place to guarantee the same. In such event, the right-of-way shall become a public road of Hellam Township and the conditions and restrictions set forth above shall become null and void.

Lots with a driveway located within the front yard must be arranged as a side-by-side joint driveway with an adjoining townhouse. Such driveway must be set back at least 10 feet from any lot line of an adjoining townhouse that does not share the joint driveway, 20 feet from any other driveway or access drive, and five feet from the closest point of any building except where attached to a garage. No individual driveway shall be wider than 12 feet. See Lots 1 and 2 on the following Townhouses on Individual Lots Diagram.

Lots with a garage located within the front yard must be located no less than 25 feet from the street right-of-way, eight feet from any lot line of an adjoining townhouse that does not share a joint driveway, and five feet from any building, except where the garage is attached to the townhouse. Such garage must also rely upon a joint use driveway as regulated by the above Subsection L(1). See Lots 3-6 on the following Townhouses on Individual Lots Diagram.

Lots with a driveway located within a rear yard must be arranged as a side-by-side joint driveway with an adjoining townhouse. Such driveway must be set back at least 10 feet from any lot line of an adjoining townhouse that does not share the joint driveway, 20 feet from any other driveway or access drive, and five feet from the closest point of any building, except where attached to a garage. Within the rear yard, a driveway may have a maximum width of 24 feet, so long as the other setbacks are provided. See Lots 9 and 10 on the following Townhouses on Individual Lots Diagram.

Lots with a garage located within the rear yard must be located no less than 20 feet from the rear lot line, eight feet from any lot line of an adjoining townhouse that does not share a joint driveway, and five feet from any building, except where the garage is attached to the townhouse Such garage must also rely upon a joint driveway as regulated by the above Subsection L(3). See Lots 7 and 8 on the following Townhouses on Individual Lots Diagram.

A driveway located between a townhouse and a local road, access drive or alley must be arranged as a side-by-side joint driveway with an adjoining townhouse. Such driveway must be set back at least 20 feet from any other driveway or access drive, 10 feet from any townhouse or other building not served by the joint driveway, and five feet from the townhouse, except where it includes an attached garage. No individual driveway connecting with a local road or access drive shall be wider than 12 feet. A driveway connecting with an alley may have a maximum width up to 24 feet, so long as the other setbacks are provided. See Units 1-6 on the following Townhouses on Common Property Diagram.

A garage located between a townhouse and a local road, access drive or alley must be located no less than 25 feet from the street right-of-way or access drive cartway (whichever provides for the greater setback), 20 feet from the alley right-of-way or cartway (whichever provides for the greater setback), eight feet from any townhouse that does not share a joint-use driveway, 16 feet from any other garage, 18 feet from any driveway except the one providing access to the garage, and five feet from the townhouse, except where it is attached to the townhouse. Such garage must also rely upon a joint driveway as regulated by the above Subsection M(1). See Lots 6-10 on the following Townhouses on Common Property Diagram.

A building is constructed or a new use is established;

The use of an existing building is changed to a use requiring more parking facilities; and

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

In parking structures, aisle widths may be reduced by 20%; and

Handicapped parking spaces shall be provided so as to meet applicable state and federal regulations governing the number, size and location of such facilities.

Each application for a building permit (for a use for which parking spaces are required) shall include a drawing (site plan) showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required below; and

No building permit shall be issued for any use for which parking spaces are required unless the site plan has been approved or necessary variances have been obtained.

In commercial shopping centers over three acres in size, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide at least 80% of the total number of spaces required by the sum of all of the shopping center's tenants. Such reduced parking spaces must be appropriately distributed upon the lot to provide convenient walking distance between every vehicle and each of the shopping center's stores; and

Required parking spaces may be provided in spaces designated to jointly serve two or more establishments or uses, provided that the number of required spaces in such joint facility shall be less than the total required separately for all such establishments or uses. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces, primarily during periods when the other use(s) is not in operation, the total number of required parking spaces may be reduced to:

As a conditional use, an applicant may prove to the satisfaction of the Township that the minimum amount of off-street parking should be modified for a specific application because of one or more of the following characteristics:

The following conditions must be satisfied to be granted the conditional use:

The sale, display or storage of automobiles or other merchandise;

Performing services (including services to vehicles);

Required off-street parking space shall not be used for loading and unloading purposes except during hours when business operations are suspended; and

Except in specifically designated areas, the parking of trucks in excess of 9,000 pounds GVW, or recreational vehicles as defined herein.

A new use is established;

The use of a property or building is changed and thereby requiring more loading space; and

An existing use is enlarged thereby requiring an increase in loading space.

Each application for a building permit (for use for which off-street loading spaces are required) shall include a drawing (site plan) showing the proposed layout of the loading area. The drawing shall clearly indicate the design elements required below; and

No building permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.

All off-street loading spaces shall be located so that no vehicle shall need to maneuver on, or back up onto, a public street.

Aid in traffic control and traffic safety;

Preserve and protect property values;

Lessen congestion of land and air space;

Provide against undue concentrations of signs which distract and endanger traffic safety and traffic flow;

Establish reasonable standards for commercial and other advertising through the use of signs in order to maintain and encourage business activity and development;

Recognize the rights of the public in roads, streets, highways and the areas adjacent to those roads, streets and highways;

Preserve the wholesome and attractive character of the Township; and

Recognize that the general welfare includes a community that shall be attractive, as well as healthy, spacious as well as clean, and well-balanced in its growth and development.

Signs must be constructed of durable material and maintained in good condition.

Advertising painted upon or displayed upon a barn or other building or structure shall be regarded as a flat wall sign, and the regulations pertaining thereto shall apply.

No loud, vulgar, indecent, or obscene advertising matter shall be displayed in any manner, including, but not limited to:

In the event that a symbol, trademark or other such figure is used as a signpost or standard which could be construed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area.

(Reserved)[1]

Sign maintenance.

Sign lighting and illumination.

Sign location.

Nothing in these regulations shall be construed as prohibiting signs intended for viewing principally from within a building or signs temporarily attached to the inside face of a display window, announcing a sale or similar feature, provided that the latter shall not occupy more than 1/3 of the total display window area for a period not to exceed 10 days. Such signs shall be permitted in addition to any of the specific sign types designated on the tables in Attachments 3 through 5.

Determination of size of sign area.

Portable signs shall be permitted in the C/I, MU-1 and MU-2 Zones, subject to the following criteria:

Buntings and pennants are permitted only to announce the opening of a new business or industry or in connection with a civic event and must be removed after 30 days.

Personal expression sign: any sign that expresses an opinion, interest, or position. Such signs do not include political or business identification signs.

Signs of such a design and location that they interfere with, compete for attention with, or may be mistaken for a traffic signal. This shall include any sign visible from the public right-of-way which uses an arrow device or the word "stop." It shall also include signs in which the colors red and green are used either in direct illumination or in high reflection by the use of special preparation, such as fluorescent paint or glass.

Any sign located in or extending into a public right-of-way, except those owned or operated by a duly constituted government.

Any freestanding or projecting sign within an area bounded by the intersection of two rights-of-way and 20 feet from such intersection along the rights-of-way, except permanent, on-site directional signs less than three feet in height.

(Reserved)[2]

Revolving or oscillating signs.

Tethered balloons larger than 12 inches in diameter or attached by a tether longer than five feet, filled either by gas or heated air; this includes air dancers, tube dancers, air tubes and inflatable signs.

Mobile.

Signs erected without the permission of the property owner or authorized agent.

General provisions.

Permit applications.

Permit issuance. Following permit application approval, a sign permit will be issued by the Zoning Officer upon receipt of all required fees. If there is any change in location or dimensions of any sign, or in advertising or informative contents of a sign, a new permit shall be required.

Revocation of permits.

All proposed wells shall be drilled and well water yields tested and evaluated by a qualified water well driller, geologist or professional engineer. A well water yield test shall be conducted for a minimum of one hour at a fixed rate of water removal of three gallons per minute for each unit of occupancy. It is recommended, but not required, that a pump be installed to measure well water yield, because of its greater accuracy over bailing methods It is further recommended, but not required, that well water yield not be measured until 24 hours to 48 hours after drilling and any installation of a pump, to allow the water level to recover and to ensure greater accuracy in reported well water yields. A data sheet shall be prepared showing the following for each pumped well:

A water quality sample shall be drawn, concurrently with the well water field test, by a DEP-certified commercial laboratory, and tested for nitrates, total coliform, and fecal coliform. The data sheet and summary of test results, together with recommendations as to the suitability of the well or wells for the intended uses and the results of the water quality test, shall be provided to the Township. All reports shall include the name of the individual performing the test, procedures used for sampling, time and date of sampling and the location from which the sample was taken.

All laboratories shall maintain on file with the Township a current copy of their qualifications and their compliance reports.

All wells shall be shown to be capable of supplying potable water at a minimum rate of 400 gallons per day per unit of occupancy at a demand rate of not fewer than three gallons per minute per unit of occupancy for one hour, either with or without the use of a storage system.

If a storage system is needed to meet the above minimum requirements, the applicant shall note the recommended capacity of such storage system together with well water yield and well water quality results on any subdivision or land development plan.

Listing of all materials to be used and/or produced on the site;

Listing of all wastes generated on the site; and

Written evidence that the storage, treatment, processing, transfer, and disposal of all materials and wastes shall be accomplished in a manner that complies with all applicable federal, state, county, and municipal requirements, including, but not limited to, the following:

It is the intent of this section to establish regulations governing development along the Lincoln Highway (SR 462) which will preserve and enhance the safe and efficient flow of pedestrians and vehicles, reduce traffic congestion; and arrest the deterioration of existing residential, commercial and industrial uses while giving due consideration to preserving the existing, rural community character of Hellam Township.

The Lincoln Highway is a major thoroughfare within the Township. The Lincoln Highway itself is an historic route. Once known as the York-Wrightsville Turnpike, the road became part of the first transcontinental highway, the Lincoln Highway, in 1912. The Lincoln Highway itself represents a significant part of the history of Hellam Township, and there are many structures of historic significance along its route through the Township. The Lincoln Highway is principally a three-lane highway bordered by a variety of uses developed through its history.

The Township recognizes the desire of landowners to develop uses along Route 462 the Lincoln Highway. The development of the abutting properties must be balanced against the need to insure safe and efficient pedestrian and vehicle traffic flow, reduce traffic congestion, and preserve the existing development including historic structures along the Lincoln Highway. The limitation of points of access to Route 462, the Lincoln Highway, combined with the requirement for a buffer, will allow development, maintain or enhance traffic safety, and preserve the historic nature of the Lincoln Highway corridor

Lincoln highway corridor. Any property which has frontage on the Lincoln Highway (SR 462) shall be subject to the provisions of this section.

New uses, buildings and major additions or modifications. All new land uses, developments, buildings, signs, and structures that require a permit shall meet the requirements of this section. Any building addition or exterior modifications of 25% or more in terms of additional dwelling units or gross floor area (either with a single addition or with cumulative additions subsequent to the effective date of this chapter); or construction of any new parking spaces shall require compliance with the requirements of this section for the entire property.

Minor additions. Additions or modifications of less than 25% to existing uses, as defined above, and that require a permit, shall meet the requirements of this section with respect to such minor additions or modifications.

Resumption of use after abandonment. If property or use not in conformance with this section is abandoned as defined in Article I, any subsequent use shall be reviewed and brought into compliance with this section before such use is resumed.

Allowance of new point of access. For the purposes of this § 490-44, a tract shall be considered a lot in existence on the effective date of this chapter (October 9, 2003). If a tract existing on October 9, 2003, is thereafter subdivided, all of the lots created from the tract shall continue to be considered as part of the tract.

Any access point from the Route 462, the Lincoln Highway, and access drive or driveway using a new point of access from Route 462, the Lincoln Highway, designed after the effective date of this section shall meet all of the following requirements:

Specific requirements. All driveways or access drives shall meet the following criteria:

Buffer yards, including screening and landscaping as provided below, shall be required for all uses abutting the Lincoln Highway.

Buffer yards.

Signs in Lincoln Highway.

Design features/bonus incentives. To reduce the potential for traffic confusion and to encourage preservation of the historic landscape, the following bonus incentives are available when the prescribed design features are provided:

Maintenance and appearance of signs. All signs shall be maintained in good condition. The Zoning Officer may have cause to remove, after due notice, any sign which shows gross neglect, becomes dilapidated, or if the ground area around it is not well maintained. The Zoning Officer will give the owner 10 days' written notice to correct the deficiencies or to remove the sign or signs. If the owner refuses to correct the deficiencies or remove the sign, the Zoning Officer shall have the sign removed at the expense of the owner.

Alterations. If a sign is changed in any way, i.e., location, size, configuration, it will have to be replaced according to these regulations.

Nonconforming signs must meet the regulations outlined in § 490-38F.