The use is similar in character to and compatible with the other uses permitted in the zone where the subject parcel is located.

The use is not permitted in any other zone under the terms of this chapter.

The use does not conflict with the general purposes of this chapter.

General Requirements.

Foundation Requirements.

Gross Floor Area Requirements. In the absence of more restrictive codes, every single-family dwelling unit (whether attached or detached, including townhouse units, mobile homes or manufactured housing) shall contain a minimum of 600 square feet of gross floor area. In the case of apartment units (including conversion apartments, student housing apartment units, or retirement complex apartment units), each dwelling unit must contain a minimum of 500 square feet of gross floor area, except for efficiency apartments designed for and inhabited by no more than two persons, which shall contain a minimum of 400 square feet of gross floor area.

The lot upon which a conversion apartment is located shall meet the minimum lot area requirement for the zoning district in which it is to be located.

Conversions may only be authorized for structures which were erected prior to the adoption of this chapter. Conversions shall be limited to one building or structure per lot.

Conversions shall be limited to the number of dwelling units specified in the District Regulations, Part 3.

All conversion dwelling units shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter.

Sewage facilities shall be provided which are capable of treating the volume of effluent anticipated from the conversion. Where connection to a public or community sewage system cannot be made, certification, from the Township Sewage Enforcement Officer, verifying the acceptability and/or suitability of an existing subsurface system or a sewage permit for the installation of a new system shall be submitted as part of an application for such a use.

No structural alterations designed to increase the gross floor area dimensions of the original structure shall be made in order to achieve the conversion, except as may be necessary to assure adequate emergency egress is provided or to improve handicapped accessibility.

The yard, off-street parking, and other applicable requirements of this chapter shall be met.

Minimum Tract Area and Maximum Density Requirements.

Minimum Tract Width Requirements. The minimum width required for a tract containing a townhouse structure may vary with each application depending upon the number of units being proposed in each structure. In no case however, shall the width of the tract be less than the minimum lot width required for a single-family detached dwelling in the district where such structure is located. Each dwelling unit of a townhouse structure shall maintain the minimum width set forth in the district regulations for the district in which it is to be located.

Minimum Yard Requirements. The minimum yard requirements for each tract containing a townhouse structure shall be as specified in the District Regulations, Part 3.

Gross Floor Area Requirements. Each dwelling unit located in a townhouse structure shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter.

Design Standards. Proposals for townhouse structures shall be designed to meet the standards set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22]. In addition, the following standards shall apply.

Building Relationships. Where more than one townhouse structure is proposed for a single tract of ground, the following minimum standards shall apply:

Minimum Tract Area and Maximum Density Requirements. The minimum gross area required for each tract containing an apartment building shall be as specified in the District Regulations, Part 3. Apartment buildings located in a Suburban Residential District shall not contain more than four dwelling units per structure. There shall be no maximum number of dwelling units in such structures when they are located within an Urban Residential District. Overall density shall however not exceed six dwelling units per acre in the Suburban Residential District and 10 dwelling units per acre in the Urban Residential District.

Minimum Tract Width Requirements. The minimum width required for each tract containing an apartment building be as specified in the District Regulations, Part 3.

Minimum Yard Requirements. The minimum yard requirements for each tract containing an apartment building shall be as specified in the District Regulations, Part 3.

Gross Floor Area Requirements. Each dwelling unit located in an apartment building shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter.

Design Standards. The design standards set forth in § 27-405, Subsection 1E, of this chapter shall also be met for apartment buildings.

Building Relationships. Where more than one apartment building is proposed for a single tract of ground, the standards set forth in § 27-405, Subsection 1F, of this chapter shall apply.

Minimum Tract Area Requirements. Residential cluster developments situated in the Rural Residential and Suburban Residential Districts shall contain a minimum of 10 contiguous acres of land suitable for development. In the Urban Residential District, such developments shall contain a minimum gross lot area of five contiguous acres of land, and in the Agricultural District, a minimum of 25 contiguous acres shall be provided. Excluded from the determination of tract size shall be: (1) all land situated in a wetland or one-hundred-year floodplain; and (2) all land with a slope exceeding 15%.

Permitted Dwelling Types. The type of dwelling units permitted in any cluster development shall be as set forth in the District Regulations, Part 3, for the zoning district in which the development is located; that is, in the SR and UR Zones, single-family detached, duplexes, townhouse structures, and apartment buildings may be clustered; and in the RR District and A Districts, only single-family detached dwelling units may be included in the cluster development.

Tract Density Standards. All residential cluster developments shall be designed in accordance with the standards of this section, except that the maximum gross density set forth in the District Regulations, Part 3, for the zoning district in which the development is located shall not be exceeded; that is:

Permitted Lot Area Reductions. The minimum lot area requirement for single-family detached and duplex dwellings may be reduced up to 50% from the minimum established for the district in which the development is to be located. The minimum gross lot area requirement for townhouse units may be reduced to the area of the dwelling unit, and for apartment buildings, the minimum gross lot area may be reduced to the area of the dwelling structure.

Minimum Width Requirements. The minimum lot width required for single-family detached dwellings shall be 100 feet in the A District, 80 feet in the RR District, 75 feet in the SR District, and 50 feet in the UR District. Width requirements for duplex dwellings in the SR and UR Districts shall be the same as those required for single-family detached dwellings. Requirements for all other types of dwelling units shall be as set forth in the District Regulations, Part 3.

Minimum Yard Requirements.

Gross Floor Area Requirements. Each dwelling unit located in a residential cluster development shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter.

Maximum Building Coverage. The maximum permitted building coverage shall be 30% and shall apply to the entire development tract, rather than to individual lots.

Design And Building Relationship Standards. The design and building relationship standards set forth in § 27-405, Subsection 1E and F, shall also be met for residential cluster developments. In addition, the following standards shall apply:

Open Space Requirements.

Criteria for Granting Approval of Residential Cluster Developments. In addition to the standards set forth the § 27-1102 of this chapter for review and approval of conditional use applications, the following criteria shall be utilized in reviewing applications for residential cluster developments:

The lot upon which the rooming or boarding house is situated shall meet the minimum area requirements established in the district regulations for the district in which the use is to be located.

For the purposes of this chapter, rooming or boarding houses shall be accessory to a single-family detached dwelling, and the owner of the residence must occupy the unit as its legal resident.

Accommodations may be provided for up to four boarders, with a maximum of two persons per bedroom. Such accommodations shall be for periods of one week or more in duration and may or may not include arrangements for meals.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable public or community sewer and water boards or authorities.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

The lot upon which the group home or institutional residence is situated shall meet the minimum area requirements established in the District Regulations for the district in which the use is to be located.

Residents of a group home shall maintain a single household unit with shared use of rooms, and shall share mealtimes and housekeeping responsibilities. There shall however be no more than two persons per bedroom.

Accommodations in a group home shall be provided for no more than eight residents, excluding staff, at one time. For the purposes of this chapter, group homes providing accommodations for more than eight residents shall be considered to be institutional residences. Applications for group homes shall specify the maximum number of residents or occupants to be housed or cared for at the facility.

Adult supervision shall be provided at the group home or institutional residence on a twenty-four-hour basis.

Applicants for group homes or institutional residences shall indicate the type of care, counseling or treatment to be provided at the site. In each instance, medical care shall be incidental in nature and shall not be a major element of the care being provided at the facility.

Residents of such facilities shall remain in residence for a period of at least three months, and a change of residents shall not routinely occur, except in the case of death, extended illness, disability or similar circumstances, or by court order.

Evidence shall be provided with the application for a group home or institutional residence indicating that all applicable state certification and/or licensing requirements have been met. Revocation or suspension of the state permit shall constitute an automatic revocation of the Township zoning permit.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable pubic or community sewer and water boards or authorities.

Evidence shall be provided with the application indicating that all appropriate state licensing requirements have been met.

Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part the application for such a use.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

The lot upon which the student housing facility is situated shall meet the minimum area requirements established in the District Regulations.

Purpose. The purpose of this special exception use is to provide for student housing facilities that are designed and located in an appropriate manner to enhance the residential neighborhood in which this housing is located.

The principle permitted use shall be student housing.

No more than one principle structure shall be permitted on a lot with the exception of attached dwelling units such as duplexes and townhouse structures.

Existing single-family detached dwellings may be converted into student housing accommodations with a maximum occupancy of four individuals with a maximum of two persons per bedroom.

Where student housing facilities are constructed such structures shall consist of a maximum of four dwelling units with a maximum occupancy of four individuals per dwelling unit with a maximum of two persons per bedroom.

Minimum bedroom size: [NOTE: The bedroom must be a minimum of eight feet when measured in any direction and any closets in the bedroom are not included in the square footage calculations.]

A full bathroom or a three-quarter bathroom shall be located on the same level as the bedrooms. The maximum number of students per bathroom (three-quarter or full) shall be four.

Bedroom/bathroom access:

Housing facilities designed to accommodate students in individual dwelling units may be permitted and shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter for each dwelling unit and the density and design requirements of § 27-406 for apartment buildings. In addition, there shall be no more than four individuals occupying one dwelling unit.

Residents of a student housing facility shall maintain a single household unit with shared use of common rooms, cooking and eating facilities and shall have housekeeping responsibilities. No cooking shall take place in any other room than the kitchen area.

Minimum living room and dining area size:

Dimensional Regulations.

Parking Criteria.

Site Element Areas. Areas for parking, recreation, service, utility equipment, waste receptacles, dumpsters and/or other elements which because of their appearance, odor and/or noise would be offensive to those occupying the lot or adjoining lots or those on the street, shall be screened, landscaped or otherwise treated to eliminate the offensive condition.

All other aspects of this chapter and the Subdivision and Land Development Ordinance [Chapter 22] as applicable.

Sewage and water shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or applicable public or community sewer and water boards or authorities.

The Hemlock Township Zoning Office shall be provided with copies of the leases for each student housing facility which must include the name of each occupant and an emergency contact telephone number for each occupant. The copies of the leases, a list of the occupant's names and emergency contact telephone numbers shall be provided to the Hemlock Township Zoning Office within 15 days of occupancy. Any changes in occupancy shall be reported to the Hemlock Township Zoning Office within 15 days of the change of occupancy.

If the owner of a student housing facility is not residing within the area, a local emergency contact person shall be appointed by the owner and the name and telephone number of the contact person shall be provided to the Hemlock Township Zoning Office prior to the occupancy of the student housing facility. The name and telephone number of the appointed emergency contact person shall be legibly printed on a durable printing medium and this information shall be openly displaced in an area within the building that is readily accessible to all occupants whom reside within the structure. This information may be displayed in a common area within the building which is accessible to all occupants, or on an exterior wall of the building next to all of the exterior doors that are utilized by the occupants of the structure to access their individual dwelling unit or next to the main access door within the interior of each individual dwelling unit.

Each dwelling unit within each student housing building is subject to an annual licensing fee and every person whom resides within the building is subject to an annual occupancy fee. The amount of the annual license and occupancy fees will be set by the governing body of Hemlock Township 90 days prior to August 15 of each calendar year. The entire amount of the annual fees must be received by the zoning office prior to any occupancy of the building. If an additional person or persons is included on an existing lease after the issuance of the annual license, any additional occupancy fees must be paid to the Zoning Office prior to the building being occupied by the additional person or persons.

All student housing facilities are subject to an annual inspection by Tri County COG IBC Inspection Service or the designated inspection service by the Hemlock Township prior to occupancy. Any and all safety issues, health issue and structural deficiencies shall be satisfactorily addressed prior to occupancy. The inspection fee and any re-inspection fees shall be paid by the owner of the property and the fees are to be paid directly to the inspection service. It shall be the responsibility of the owner of the property to contact the designated inspection service and schedule an inspection appointment. A copy of the annual occupancy certificate issued by the inspection service must be provided to the zoning office prior to occupancy of the building and the issuance of a license from the zoning office. The inspection should be ordered and completed at least 15 days prior to August 15th of each calendar year. This will allow adequate time for the zoning office to receive all required fees, process the license application and issue the license. The licensing period for all student housing facilities shall commence August 15 of each calendar year and expire on August 15 of each succeeding year. It shall be the responsibility of the property owner to submit a license renewal application and remit all the required fees to the zoning office 60 days prior to expiration of the license. Should the property owner fail to renew the license before the expiration date of the license, the building cannot continue to be utilized as a student housing facility. In addition, a new zoning hearing would be required to seek a special exception to re-use the property as a student housing facility.

Evidence shall be provided with the application indicating that all appropriate state and local licensing requirements have been met.

Signs advertising the facility shall meet the sign ordinance regulation requirements set forth in Part 7, § 27-701 — 707 of this chapter.

The lot upon which the nursing or personal care home is situated shall meet the minimum area requirements established in the District Regulations for the district in which the use is to be located.

There shall be no more than two persons per bedroom in a personal care home, and adult supervision shall be provided on a twenty-four-hour a day basis.

Nursing home facilities shall meet all applicable state codes regarding patient space requirements, and medical or nursing personnel shall be available on a twenty-four-hour a day basis.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable public or community sewer and water boards or authorities. In addition, for the purposes of this chapter, nursing homes must be served by public or community sewer facilities.

Evidence shall be provided with the application indicating that all appropriate state licensing requirements have been met.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

The lot upon which the group day care home, day-care center, or nursery school is situated shall meet the minimum area requirements established in the District Regulations for the district in which the use is to be located.

Outdoor recreation area shall be provided in accordance with the applicable state regulations. Such areas shall be completely enclosed with a fence, wall, or natural barrier at least six feet in height which is located no less than 25 feet from the edge of any adjoining street right-of-way. A dwelling or other accessory building may also be used as part of the required enclosure.

Passenger 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 site.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable public or community sewer and water boards or authorities.

Evidence shall be provided with the application indicating that all appropriate state licensing requirements have been met.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

The lot upon which the bed-and-breakfast establishment is situated shall meet the minimum area requirements established in the District Regulations for the district in which the use is to be located.

The operator of the facility shall reside on the lot.

Overnight lodging accommodations for any guest shall not exceed 14 continuous nights nor more than 60 days in any calendar year.

Lodging accommodations may or may not include arrangements for breakfast or other meals.

Dining facilities and food services shall be available only to lodgers.

Satisfactory evidence shall be provided to the Township by the applicant indicating that the proposed facility will conform to all applicable state and local regulations (including regulations of the Pennsylvania Department of Health and Pennsylvania Department of Labor and Industry).

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable public or community sewer and water boards or authorities.

Arrangements for the collection, storage and disposal of solid wastes generated by the facility shall be made by the applicant and submitted to the Township for approval as part of the application for such use.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

Applications for new retail establishments shall include documentation and information sufficient to determine that the proposed use will meet the following standards:

Applicants proposing to change from one commercial use to another in an existing building shall apply to the Zoning Officer for a zoning permit before changing use. All such applicants shall provide sufficient information to the permit officer indicating that the issues raised in paragraph .A above will be adequately addressed.

All accessory warehousing and storage facilities associated with a commercial use shall meet the requirements of § 27-433 of this chapter.

No perpetual outside displays or retail sales shall be permitted for commercial uses, except where such display is a necessary part of the use. No merchandise shall be placed on any sidewalk except as part of a periodic sidewalk sale.

No automotive service station or repair shop shall be located within 300 feet of any school, playground, nursing home, church or other place of public assembly.

Gasoline pumps or other fuel dispensing devices shall be no closer than 30 feet to any street right-of-way line, nor shall any fuel oil, propane gas, or other similar substance be stored within 30 feet of a street right-of-way or property line. (Additional permits may be necessary to meet state and federal requirements regarding the location of storage tanks for such purposes.)

All associated repair work (excluding preventive maintenance and minor adjustments) shall be carried out within a structure. All repair materials, including new, used, discarded or unusable parts of any vehicle, shall be stored within a building.

Vehicles being stored on-site for more than 48 hours shall be kept within a building or shall be screened from view as set forth in § 27-507 of this chapter. No such storage area shall exceed three times the size of the garage area in which repairs are being conducted.

Body work or painting of vehicles may be permitted only where the operation is to be conducted within an enclosed structure and where such structure meets the Pennsylvania Department of Labor and Industry and Pennsylvania Department of Environmental Protection regulations and is designed to contain all noise, vibrations, dust, and odor generated by the operation.

Arrangements for the collection, storage and disposal of all waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part of the application for such use.

There shall be no commercial or residential use conducted from or occurring within such facilities.

Access to such facilities shall be sufficient to accommodate the size and type of items likely to be stored in the warehouse units.

All external storage of boats, RV's, or other vehicles shall be protected by security fencing and shall be shielded or screened from public view as per the requirements of § 27-507 of this chapter.

No adult entertainment establishment may be situated or located within:

Advertisements, displays, or other promotional materials for adult entertainment establishments shall not be shown or exhibited so as to be visible to the public from any street, sidewalk or other public place.

All building openings, entries, exits or windows for adult entertainment establishments shall be located, covered or screened in such a manner so as to prevent a view into the interior from any street, sidewalk or other public place. In the case of any adult drive-in or motion-picture theater, viewing screens shall be situated so as to prevent observation from any street, sidewalk or other public area.

Screening shall be provided on both sides and to the rear of the establishment in accordance with the requirements of § 27-507 of this chapter.

No person under 18 years of age shall be permitted within an adult entertainment establishment, nor be permitted to purchase or rent any adult entertainment materials.

Business identification signs shall include no promotional advertisement or displays.

Such facilities may include, but need not be limited to, department stores, chain stores, small-scale retail shops, personal service businesses, grocery stores, theaters, financial institutions, restaurants or other eating establishments. In addition, medical, dental or other professional offices and indoor recreational or entertainment activities may also be permitted, although such uses must occupy less than 50% of the total facility.

Building coverage for shopping centers and/or shopping malls shall not exceed 30% of the total site area.

The proposed development shall be constructed in accordance with an overall plan and shall be designed in a single architectural style with appropriate landscaping.

Shopping centers or shopping malls shall be set back a minimum of 100 feet from all adjoining street rights-of-way and 50 feet from side and rear property lines. No parking, loading, or service areas shall be located closer than 25 feet to any property line. (See also paragraph .E below.)

A landscaped buffer, at least 50 feet in width, shall be provided along the side or rear of any shopping center or shopping mall site which abuts a residential district or residential area. Such buffer yard shall be located within the shopping center/shopping mall tract, and may include side or rear setbacks, but may not include any parking, loading, or service areas.

Adequate provision shall be made for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the shopping center/shopping mall.

Industrial or manufacturing operations shall abut on or provide direct access to a street or highway which is capable of accommodating the anticipated levels and types of industrial and employee traffic. Where access is proposed onto a state highway, a copy of the applicant's PennDOT-issued highway occupancy permit shall be provided to the Township as part of the industrial plan submission.

Every industrial operation must be contained within a building, except as may be authorized otherwise for a specific type of industrial activity.

Adequate sewage and water facilities shall be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Protection. The developer shall provide sufficient documentation along with development plans to indicate that such service will be provided.

Arrangements for the collection, storage and disposal of all solid wastes generated by the operation shall be made by the developer and submitted to the Township for approval as a part of his application for such a use. Where determined appropriate, the Township may request review of the proposed arrangements by the Pennsylvania Department of Environmental Protection prior to granting approval.

All accessory warehousing and storage facilities associated with an industrial use shall meet the requirements set forth in § 27-433 of this chapter.

Buffer yards and/or screening shall be provided as required by §§ 27-506 and 27-507 of this chapter.

Off-street parking and loading areas shall be provided in accordance with Part 8 of this chapter.

Accessory sales or retail outlets may be permitted to be associated with approved principal uses, but shall be clearly incidental to the industrial use of the subject site and shall occupy no more than 25% of the gross floor area of the operation. Where such retail facilities are to be established, additional off-street parking spaces shall be provided to satisfactorily accommodate the commercial activity.

Compliance with the following minimum performance standards, in addition to all applicable local, state or federal codes or regulations (including DEP's air, water and noise pollution control standards) shall be required. The developer shall present sufficient documentation with his application for the industrial use to indicate that each of the applicable performance standards will be met.

Such uses shall be conducted within a building or shall be entirely enclosed with a fence or wall not less than eight feet in height and made of a suitable, permanent material. In addition, a buffer yard of 50 feet shall be provided around the entire perimeter of the facility to maintain adequate separation between the junkyard and adjacent uses. No part of this buffer yard may be used for the storage of any materials or parts associated with the operation. All buffer areas shall also be screened in accordance with the requirements set forth in § 27-507 of this chapter.

No junk material, accessory structure, related activity or other enclosure shall be stored, placed, located or conducted within 50 feet of any public street right-of-way, body of water, stream or wetland, or any adjoining property line. No weeds or scrub growth over eight inches in height shall be permitted to grow within this setback area. And, where determined appropriate by the Township Supervisors, the applicant may be required to prepare and submit a soil erosion and sedimentation control plan for his facility.

All junk materials shall be placed so that they are incapable of being transported off the premises by wind, water, or other natural causes.

All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water. No junk shall be piled to a height exceeding eight feet.

All gasoline and oil shall be drained from junked vehicles prior to being accepted at the facility. All hazardous or toxic materials, including Freon and antifreeze shall be drained from appliances prior to their acceptance at the facility.

No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be controlled at all times.

All junkyards shall be maintained in such a manner to avoid causing public or private nuisances; causing any offensive or noxious odors; or causing the breeding or harboring of rats, flies, or other vermin that could be hazardous to public health.

Mineral extraction operations shall abut on or provide direct access to a street or highway capable of accommodating heavy trucks and employee traffic. Truck access to any excavation site shall be arranged to minimize danger to traffic and nuisance to surrounding properties. Where access to a state highway is proposed, a copy of the applicant's PennDOT-issued highway occupancy permit shall be provided to the Township as a part of the extraction plan submission.

A copy of the applicant's soil erosion and sedimentation control plan, reviewed and approved by the County Conservation District, or other designated agency, shall be submitted to the Township to indicate what precautions are to be taken to avoid erosion and sedimentation problems where excavation is proposed. All exposed ground surfaces shall be stabilized or protected with a vegetative cover to prevent erosion, unless other erosion control techniques are approved as part of the above-referenced plan.

Screen plantings, buffering, and/or fencing shall be provided along the perimeter of the excavation site as may be required by state or federal regulations. Where not specifically regulated by state or federal standards, a buffer yard of 150 feet and screening in accordance with § 27-507 of this chapter shall be provided. In addition, in the case of open excavation, a fence, at least eight feet in height, shall completely surround the excavated area, except at approved points of ingress and egress. Points of ingress and egress shall have a gate(s) which shall be locked to prevent unauthorized access when the facility is not in operation.

Where not specifically regulated by state or federal standards, no extraction activities, stockpiling or storage of extracted material shall be located within the required buffer (see paragraph .C above), nor less than 500 feet from a Residential District or 300 feet from any stream, body of water or designated wetland area. Further, no stockpiles may exceed 50 feet in height above the original ground surface. All reasonable precautions shall be taken to prevent any materials deposited on stockpiles from being washed, blown, or otherwise transported off the site by natural forces.

Where permitted, rock crushers, batching or mixing plants, or other grinding, polishing or cutting machinery shall be setback a minimum of 150 feet from all property lines and public rights-of-way. Such facilities shall not exceed 65 feet in height and shall be subject to such additional conditions and safeguards deemed necessary by the Township Supervisors to protect the public health, safety and welfare.

The applicant shall submit a copy of the state or federally mandated post-closure site restoration plans to the Township as a part of the application for a mineral extraction operation.

The applicant shall provide evidence that all required governmental approvals have been granted prior to the issuance of a zoning permit. In the event the mining operation is found to be in violation of any governmental regulations which require the operation of the facility to cease, such action shall cause the zoning permit to be forfeited. In this case, no resumption of facility operations shall take place unless and until the applicant obtains approval of a new zoning permit application.

General Agricultural Use Regulations. The following general regulations shall apply to all agricultural uses regardless of the zoning district in which they may be located:

Concentrated Animal Feeding Operation Regulations. Concentrated animal feeding operations (CAFO) may be permitted only where specified in the district regulations, Part 3. All new or expanded CAFO's shall require conditional use approval from the Township Supervisors prior to the issuance of a zoning permit In addition, all applications for CAFO's shall satisfy the following criteria.

Temporary stands shall not exceed 400 square feet in size and shall be removed from the site during the season(s) when they are not in use for the sale or display of products.

Where a temporary roadside stand is established, a minimum of five off-street parking spaces, located outside of the adjoining street right-of-way, shall be provided. The standards set forth in § 27-801, Table 27-8-1, of this chapter shall apply to all permanent facilities.

Temporary stands shall be set back at least 20 feet from the edge of the adjoining street right-of-way and at least 50 feet from any intersection. Permanent stands shall meet the setback requirements set forth in the District Regulations for structures in the district where they are to be located.

Seasonal zoning permits shall be required for temporary roadside stands.

All signs used to advertise such facilities shall meet the requirements set forth in Part 7 of this chapter.

Accessory roadside stands located in the Rural Residential and Agricultural Districts shall be limited to the sale of farm, nursery, or greenhouse products.

Every lot to be utilized for a seasonal dwelling or hunting camp shall meet the minimum area and yard requirements set forth in the District Regulations, Part 3.

Every seasonal dwelling or hunting camp shall be provided with adequate sewage disposal and water supply systems subject to the applicable rules and regulations of the Pennsylvania Department of Environmental Protection. Satisfactory evidence that all necessary permits of this type have been issued shall be submitted to the Township as part of an application for such a use.

No seasonal dwelling or hunting camp shall be converted to a permanent, full-time dwelling unit unless the same conforms to all applicable Township codes and ordinances. Where seasonal structures are proposed for conversion to full-time occupancy, all foundation and gross floor area requirements contained in § 27-403 of this chapter shall be met and adequate sewage and water supply systems must be provided.

Where such uses are proposed to be located within an identified flood fringe or general floodplain area, all requirements regarding floodproofing contained in. Part 6 of this chapter shall be met.

No more than one permanent seasonal dwelling or hunting camp shall be erected or placed on one lot, unless such structures are part of an approved land development.

Recreational vehicles, campers, travel trailers, motor homes, or other similar units may be used as seasonal dwellings or hunting camps subject to the following standards. (No buses, trucks, truck trailers, or similar vehicles or parts of vehicles may however be permitted as seasonal dwellings or hunting camps.)

A plan showing the proposed facilities and/or design of the recreational facility shall be provided by the applicant with his zoning permit application.

All buildings, structures, and/or active recreation facilities shall be located at least 50 feet from all property lines and shall be screened in accordance with the standards set forth in § 27-507 of this chapter.

Sewage disposal facilities, when proposed, shall be provided by the applicant in accordance with the standards of the Pennsylvania Department of Environmental Protection and applicable local sewage regulations.

Arrangements for the collection, storage and disposal of all solid wastes generated by the facility shall be made by the applicant and submitted to the Township for approval as part of the application process.

Off-street parking facilities shall be provided in accordance with the requirements of Part 8 of this chapter.

Outdoor security lighting provided for the facility shall be installed and shielded to eliminate direct glare on adjacent properties or upon public streets.

No public address system shall be permitted, except where such system will be inaudible at all property lines.

The proposed hours, rules, and security arrangements for the facility shall be included with the application for the use. Consideration shall be given not only to the convenience of the users, but the convenience, safety and welfare of the neighborhood or area in which the facility is to be located.

Where the proposed activity involves a use which presents a potentially hazardous situation, such as a trap, skeet, or sporting clays range, additional safeguards or precautions shall be taken by the applicant to ensure the safety of the public. In all such instances, the Zoning Hearing Board shall review the precautions being proposed and shall determine their adequacy before granting approval to the proposed use.

In addition to meeting the standards set forth above, applications for campgrounds or RV parks shall also meet the requirements contained in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22]. Furthermore, a campground or RV park proposed to be situated in any identified floodplain area must meet the floodplain management requirements established in Part 6 of this chapter.

There shall be no specific minimum lot size or lot width requirements applied to these uses. Each application shall be evaluated on a case-by-case basis by the Township Supervisors as they review the conditional use application. Appropriate setback and building coverage requirements, designed to protect the public health, safety, and welfare, will be determined at that time.

Utility supply facilities shall be designed and constructed to be compatible with the general character (appearance and structural material) of the other structures within the district in which they are located.

Structures may be permitted for the housing of transformers, pumps and similar equipment, but shall house only that equipment that is necessary to provide normal maintenance and repair for the systems. Office space may only be provided in the General Commercial and Interchange Commercial Districts, and service centers may only be located in the Industrial District.

Where, in the opinion of the Township Supervisors, potential safety hazards exist with such facilities, additional precautions (such as buffering, screening, or fencing) may be required.

Outdoor or unenclosed storage yards associated with utility supply facilities may only be situated in the Industrial District. Such storage areas shall be secured with a fence and shall be shielded from view by the use of screen planting. In addition, where adjacent land use dictates, in the opinion of the Supervisors, buffer yards of 25 feet or more may also be required to provide sufficient separation between uses. (See also §§ 27-506 and 27-507 of this chapter.)

General Requirements.

Building-Mounted Communications Antennas. Communications antennas may be mounted to any existing building or structure in the General Commercial, Interchange Commercial, or Industrial District subject to the following standards:

Communications Towers and Tower-Mounted Antennas. Communications towers and antennas mounted on those towers may be located in the Agricultural District subject to the following standards:

Communications Equipment Buildings. Communications equipment buildings may be permitted as an accessory use to any communications tower located within the Township and shall be subject to the following standards:

No-Impact Home-Based Businesses. No-impact home-based businesses may be permitted in all Districts subject to the following standards:

Home Occupations. Home occupations meeting the following standards may be located with the Rural Residential, Suburban Residential, Urban Residential, or Agricultural Zoning Districts.

For the purposes of this chapter, a farm-related business shall be defined as an accessory commercial enterprise conducted on a farm parcel which is related to and/or supportive of an ongoing agricultural operation located on the same tract of ground. All such operations shall remain secondary to the principal agricultural use of the property.

Farm-related businesses shall be conducted entirely within an enclosed building(s) typical of farm buildings, but may not be located within the farm residence. All buildings used for farm-related businesses shall be located in proximity to other farmstead buildings and must remain compatible with the character of the farm and the rural setting in which they are located.

The farm-related business must be owned and operated by the individual who is the owner and resident of the farm on which it is located. There shall be no more than two nonresident employees engaged in the business.

The area devoted to production, storage and sales associated with the farm-related business shall be limited to a total of 2,500 square feet of gross floor area.

No outdoor, unenclosed storage associated with a farm-related business shall become a nuisance or create a safety hazard. All such storage shall meet the requirements set forth in § 27-432 of this chapter.

All signs used to advertise such facilities shall meet the requirements of Part 7 of this chapter.

Off-street parking spaces shall be provided for each farm-related business as set forth in Part 8 of this chapter.

Farm-related businesses may include, but need not be limited to, any of the following activities:

Requests for other farm-related businesses not specified above may be submitted to the Zoning Hearing Board for consideration. Upon finding of the Board that such use complies with the criteria of this section, other applicable codes and ordinances in effect in the Township, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.

Every outdoor private swimming pool, whether above or below ground, shall be completely surrounded by a fence or wall not less than four feet in height to prevent uncontrolled access. (No additional fence or wall shall be required where a minimum of four feet of the walls around the entire perimeter of the pool are located above the ground; provided, that steps, ladders and other means of access to the pool are removed or secured to a minimum of four feet above ground level when the pool is not in use.) All gates or doors in the fence or wall shall have self-latching or automatic locking devices.

A dwelling or accessory structure may be used as part of the required enclosure.

The pool shall not be located within any required front yard. In addition, pools shall be set back in accordance with the side and rear yard requirements established in Part 3, the District Regulations, for the district in which they are to be located. (See also § 27-505, Subsection 2, regarding accessory structures.)

Such storage shall be located on a lot occupied by the owner of the materials or items of personal property.

Such storage shall not constitute a nuisance nor create of safety hazard.

No storage shall be permitted in any front yard and shall be situated so as to meet the applicable side and rear yard setback requirements for the district in which it is to be located.

No part of a street right-of-way, sidewalk or other area intended or designated for pedestrian use, and no required parking area shall be used for such storage.

No flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except those directly connected to heating devices, appliances located on the same premises, or facilities authorized to sell or distribute such products.

All materials or wastes which might cause fumes or dust or which constitute a potential fire hazard or which may be attractive to rodents or insects shall be stored only in properly closed and sealed containers.

In Commercial and Industrial Districts, all outdoor, unenclosed storage areas shall be screened or shielded from view from any public street or right-of-way by a fence, wall, or screen plantings as provided in § 27-507 of this chapter.

No outdoor, unenclosed storage shall be permitted in a Floodway District. Where permitted with a Flood Fringe or General Floodplain District, all such storage shall be floodproofed to avoid being transferred from the site during times of flooding.

The total gross floor area of all accessory warehousing or storage facilities shall be no more than one-half of the gross floor area of the principal structure.

Accessory warehousing and storage may also include temporary facilities for container or trailer storage. Such storage shall be limited to one such unit for each 25,000 square feet of gross floor area (or portion thereof) in the principal commercial or industrial facility; and, may be permitted to be located on a site for up to 90 days in any six-month period. Applications for the use of all such units at a single commercial or industrial location must be submitted at the same time.

Where permitted, temporary container or trailer storage units shall be situated on ground level and may not be stacked. Such units may not however occupy any off-street parking or loading areas, or fire lanes required by this chapter or other regulations governing the principal use. Further, all such units shall be locked or otherwise secured when not in use to prevent uncontrolled access.

There shall be no residential or commercial use of any accessory warehousing or storage facilities with the exception that shipping containers shall be permitted as accessory storage containers in the Agricultural District.

No accessory storage facilities shall be permitted in front of their principal structure and shall be further situated to meet the applicable side and rear yard setback requirements of the district in which they are to be located.

Shipping containers shall meet the setback requirements, as an accessory building in the Agricultural District, and must be placed on concrete, asphalt, or a level, compacted surface.

Shipping containers shall not be stacked above the height of a single container.

Shipping containers shall not be used for any advertising purpose and shall be kept clean of all alpha-numeric signage and writing.

Shipping containers shall not be located in the front yard of the principal structure of the property.

Shipping containers shall not occupy required off-street parking, loading, rights-of-way, or landscaping areas.

All containers shall have the appropriate placard(s) and the property owner shall possess on site the safety data sheet(s) in accordance with "NFPA 704: Standard System for the Identification of the Hazards of Materials for Emergency Response" from the U.S.-based National Fire Protection Association.

Shipping containers are required to be fenced or screened from residential neighborhoods adjacent to the property unless other measures are employed by the property owner to mitigate the visual impacts of such containers.

The total gross floor area of all shipping containers shall not be more than 1/2 of the gross floor area of the principal structure.

If the temporary use is to take place on land not owned by the applicant, the applicant shall present a written statement from the owner of the property in which he agrees to the temporary use of his property.

The applicant shall provide sufficient insurance coverage to adequately protect the Township against any damage, accident or other claim resulting from the event. Evidence of such insurance shall be submitted as a part of the permit application.

The site of such temporary use shall not be left unattended by the applicant or agents of the applicant at any time during which the use is located on the site. The applicant shall be responsible for all crowd control and for maintaining the event on the approved site.

The application shall include a pedestrian and vehicular circulation plan assuring the safe movement of people and materials into, around and away from the proposed site.

The applicant shall address all potential noise that may be generated by the proposed activity. His application shall include an indication of the maximum amplification to be used to broadcast all aspects of the event.

The application shall include an indication of the hours of operation of all aspects of the event. No part of any event shall be permitted to operate after midnight, or at any other time which the Township may deem inappropriate.

Information concerning water supply and sewage disposal facilities to be used shall be presented to the Township by the applicant with assurance from the Pennsylvania Department of Environmental Protection that these arrangements are adequate.

Any solid waste generated by the temporary use, including trash, litter, and garbage, shall be collected and disposed of in an acceptable fashion by the applicant. The applicant shall submit a proposed plan for such collection and disposal to the Township as a part of his application for such use.

The applicant shall assure the Township that all vendors intending to dispense food or beverages to the public will be properly licensed or approved by the Pennsylvania Department of Health to do so.

No more than 10% of required parking spaces may be covered. Application by the applicant indicating adequate parking space is provided to the existing property. Assurance shall be given to the Township by the applicant that there is adequate space to satisfy the parking demands that will be generated by the use and that adequate traffic control precautions will be taken.

All wagons, tents, temporary structures, animals and any other materials brought to the site, as well as all debris or refuse generated by the event, shall be removed by the applicant within the time limit stated on the temporary permit and prior to vacating the site.

A temporary zoning permit shall be required, and when issued, shall indicate the specific period of time for which the authorization is granted. No temporary permit for such uses shall be issued for a period of time exceeding six months, except as provided in paragraph .B below.

The Zoning Officer may authorize an extension to or renew the temporary permit for as many as two additional six month periods, if in the Zoning Officer's opinion, the applicant encountered unforeseen circumstances in carrying out the operation for which the original temporary permit was issued; or if the permit covered residential use, the refusal of an extension would cause an undue hardship to the applicant.

Information concerning water supply and sewage disposal facilities to be used shall be presented by the applicant as part of his zoning permit application, along with assurance from the Pennsylvania Department of Environmental Protection or Township Sewage Enforcement Officer that these arrangements are adequate.

All such mobile homes shall be removed from the site by the applicant upon expiration of the permit at no cost to the Township.

Mobile homes shall not be placed in the Floodway District. Every such unit to be placed in the Flood Fringe or General Floodplain District must comply with all applicable provisions contained in Part 6 of this chapter.

No temporary permits for such uses shall be issued for a period of time exceeding 45 days, no more than three times in any calendar year, with no more than two in any six-month period.

Temporary uses shall meet the minimum setback requirements for the zoning district in which they are to be located.

All such uses must follow the regulations set forth in Subsection 1.

All such temporary uses shall be limited to three continuous days no more than two times in any calendar year. Indoor mall events are not limited.

Temporary uses shall meet the minimum setback requirements for the zoning district in which they are to be located.

If the temporary use is to take place on a lot or land not owned by the applicant, the applicant shall obtain written permission of the owner of the property to conduct the proposed activity.

Adequate off-street parking shall be provided to accommodate the proposed temporary activity.

All temporary uses located within an identified one-hundred-year floodplain shall be completely removed from the floodplain by the user if there is a threat of flooding or a flood warning is issued.

Permit Requirements.

Permit Application. At a minimum, the application shall contain the following:

Design Safety Certification. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar certifying organizations.

Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 — 403.142.

Controls and Brakes. All wind energy facilities 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.

Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Visual Appearance; Power Lines.

Warnings.

Climb Prevention/Locks.

Occupied Buildings.

Property Lines. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.

Public Roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.

Property owners may waive the setback requirements in Subsection 3A(2) (occupied buildings on non-participating landowner's property) and Subsection 3B (property lines) by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes.

The written waiver shall notify the property owner(s) of the setback required by this chapter, describe how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to not be set back as required by this chapter.

Any such waiver shall be recorded in the Recorder of Deeds Office for the County where the property is located. The waiver shall describe the properties benefitted and burdened, and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.

Upon application, the Township may waive the setback requirement for public roads for good cause.

The Applicant shall identify all state and local public roads to be used within the Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.

The Township's Engineer or a qualified third party engineer hired by the Township and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.

Hemlock Township will require the facility owner to bond all roadways utilized in the development, construction, maintenance, and decommissioning of the project in accordance with Chapter 15, Part 3, Motor Vehicle Weight Limitation and Bonding, of the Hemlock Township Code of Ordinances.

Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.

The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).

Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.

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 precision described in AWEA Standard 2.1 - 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems," Volume I: First Tier.

The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.

Property owners may waive the noise and shadow flicker provisions of this chapter by signing a waiver of their rights.

The written waiver shall notify the property owner(s) of the sound or flicker limits in this chapter, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this chapter.

Any such waiver shall be recorded in the Recorder of Deeds Office of the County where the property is located. The waiver shall describe the properties benefitted and burdened, and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property.

The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter.

The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided, that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Township.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.

If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection 11A, then the landowner shall have six months to complete decommissioning.

If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by Subsection 11A and G, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.

The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township in order to implement the decommissioning plan.

The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.[1]

Permit Requirements for PSES Solar Energy Facilities.

Permit application. At a minimum, the application shall contain the following:

Design Safety Certification. The design of the solar energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters' Laboratories or other similar certifying organizations.

Uniform Construction Code. To the extent applicable, the solar energy facility shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 through 403.142.

Electrical Components. All electrical components of the solar energy facility shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards.

On-site transmission and power lines between solar collectors shall, to the maximum extent practicable, be placed underground.

Glare.

Safety/Warning Signage. Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the PSES shall be locked to prevent unauthorized access or entry.

Signage. No signage other than the manufacturer's name/identification shall be on equipment.

Fencing. Prior to construction of the collectors, the facility owner shall install and thereafter maintain a security fence around the entire perimeter of the solar energy facility, which shall be between six and 10 feet in height.

Setbacks. Solar collectors, inverters, and any other structures constructed or located in the developed area shall comply with principal structure setback requirements of the district. Where adjacent tracts, whether under the same or different ownership, are being developed for a PSES by the same developer, under the same lease terms, property line setback requirements between these adjacent properties may be zero feet from the property boundary, provided the adjacent owners submit in writing, to Hemlock Township, that these adjacent parcel owners wish to have zero-feet setbacks from their adjacent property lines imposed on this PSES development.

The applicant shall identify all state and local public roads to be used within Hemlock Township to transport equipment and parts for construction, operation, maintenance, and decommissioning of the solar energy facility.

The Hemlock Township Engineer, or a qualified third-party engineer hired by Hemlock Township and paid for by the applicant, shall document road conditions prior to construction or decommissioning. The Engineer shall document road conditions again 30 days after construction or decommissioning is complete, or as weather permits.

The facility owner shall be required to bond all roadways utilized in the development, construction, maintenance, and decommissioning of the project in accordance with Chapter 15, Part 3, Motor Vehicle Weight Limitation and Bonding, of the Hemlock Township Code of Ordinances.

Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.

The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire departments.

Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the solar energy facility.

The facility owner and operator shall, at its expense, complete decommissioning of the solar energy facility, or individual solar collectors, within 12 months after the end of the useful life of the facility or individual solar collectors. The solar energy facility will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

Decommissioning shall include removal of solar panels or collectors, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

Disturbed earth shall be graded and re-seeded, unless the property owner requests in writing that the access roads or other land surface areas not be restored.

An independent and certified professional engineer shall be retained by the facility owner and operator to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to Hemlock Township after the first year of operation and every fifth year thereafter.

Hemlock Township may require the facility owner or operator to post and maintain decommissioning funds in an amount equal to net decommissioning costs at any time. Upon receipt of the second five-year estimation of decommissioning costs, the facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator and participating property owner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by Hemlock Township.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee, or other form of financial assurance as may be acceptable to Hemlock Township.

If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection 6A, then the property owner shall have six months to complete decommissioning.

If neither the facility owner or operator, nor the property owner, completes decommissioning within the periods prescribed by Subsection 6A and G, then Hemlock Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating property owner agreement to Hemlock Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors, and assigns, that Hemlock Township may take such action as necessary to implement the decommissioning plan.

The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated, and Hemlock Township concurs, that decommissioning has been satisfactorily completed, or upon written approval of Hemlock Township in order to implement the decommissioning plan.

The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.

A food truck operator shall obtain an annual, non-transferable zoning permit and pay all applicable fees as set by resolution of the Board of Supervisors from time to time.

Food trucks are permitted to operate at any time in the C (General Commercial), IC (Interchange Commercial), and I (Industrial) Zoning Districts.

Food trucks shall be permitted in residential neighborhoods for private catered gatherings.

A sandwich board sign, not greater than six square feet in size, is permitted for the purpose of listing menu items for purchase from the food truck and shall be contained within five feet of the food truck. No off-site signs shall be permitted.

Food trucks shall not be parked in any public right-of-way or on any Township road.

Food trucks shall not be parked for any period of time when not open for business, excluding the amount of time needed for setting up or closing down which is associated with the hours of operation on a given day.

The food truck operator is responsible for the proper disposal of trash and waste associated with the operation of the food truck. No liquid waste or grease shall be disposed of in any landscaped areas, storm drains, streets, or on public land.

The food truck shall comply with all statutes and regulations of the Commonwealth of Pennsylvania and the Department of Agriculture.

All food trucks shall be equipped with a serviceable fire extinguisher.