Health Concerns. The concern over sexually transmitted diseases is a legitimate health concern which demands reasonable regulation of adult businesses and adult uses in order to protect the health and well-being of the citizens.

Behavior. Certain employees of sexually oriented business, regulated by this chapter as adult theaters and cabarets, engage in higher incidents of certain types of sexually oriented behavior at these businesses than employees of other establishments.

Sexual Acts. Sexual acts, including masturbation, oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows, as regulated by this chapter as adult bookstores, adult novelty shops, adult video stores, adult motion-picture theaters, or adult arcades.

Unhealthy Conditions. Offering and providing such space encourages such activities, which creates unhealthy conditions.

Sexual Activities. Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

Communicable Diseases. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV/AIDS), genital herpes, hepatitis B, non-B amebiasis, salmonella infections and shigella infections, and the incidence of many of these diseases is on the increase.

Unhealthy Conditions. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

Bodily Fluids. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films.

Accountability. Classifying adult businesses as conditional uses is a reasonable means of accountability to ensure that operators of adult businesses comply with reasonable regulations and conditions, and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.

Externalities. There is convincing documented evidence that adult businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of property values, and the decline of the overall character of the community. A number of municipal studies, including the 1986 Austin, Texas, study, have demonstrated this.

Operational Characteristics. It is generally recognized that adult businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to neighborhood blight and downgrading the quality of life in the adjacent area. A number of municipal studies, including the 1986 Austin, Texas, study, have demonstrated this.

Reason for Control. The Township desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizenry, protect the citizens from increased crime, preserve the quality of life, preserve property values and the character of the surrounding community.

Secondary Effects. Regulate adult business, in order to promote the public health, safety and welfare, by minimizing the secondary effects on the community which are associated with such businesses and which include difficulties for law enforcement, trash disposal, deleterious effects on business and residential property values, increased crime (particularly the corruption of morals of minors and prostitution), and which drive residents and businesses to move elsewhere.

Zoning District. Designate a zoning district where adult businesses are permitted, and establish reasonable, content neutral standards applicable to such uses.

Content. Have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented or adult materials.

First Amendment. Not totally restrict or deny access by adults to sexually oriented materials or adult materials protected by the First Amendment of the Bill of Rights of the U.S. Constitution.

Intended Market. Not deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

PA Code. Not condone or legitimize the distribution of obscene material, or to encourage any violation of the PA Crimes Code[1] or PA Obscenity Code.

Setback. Adult businesses shall not be located less than 500 feet from any:

Similar Businesses. Adult businesses shall not be located within 1,000 feet of any other adult business.

Measurement. The setbacks established in this § 27-1201 shall be measured from the nearest edge of the building used for the adult business to the nearest edge of the building used for a use from which the required setback applies. In the case of a required setback use without a building, the setbacks shall be measured from the nearest edge of the building used for the adult business to the nearest point of any structure associated with the use from which the setback applies. The measurement shall be made in a straight line without regard to intervening structures or objects.

Enlargement. An existing, lawful, nonconforming adult business may be expanded as a conditional use once in total floor area beyond the floor area that lawfully existed in such use at the time of adoption of this provision of this chapter, but only in accord with the limitations of this chapter.

Limit of One Use. It shall be a violation of this chapter for any person to cause or permit the operation, establishment, or maintenance of more than one adult business in the same building, structure or portion thereof, or an increase of floor area of any adult business in any building, structure, or portion thereof that contains another adult business.

Nonconformity. Any adult business lawfully operating on the date of enactment of this chapter that is in violation of any of the provisions of this § 27-1201 shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, altered or extended, except: as permitted in Subsection 3D above. The use may be changed to a conforming use; however, under no circumstances shall a nonconforming use as defined and regulated by this chapter be changed to any type of adult business.

Location of New Neighboring Uses. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use if, subsequent to the grant of a conditional use permit, a use from which an adult business is required to provide a setback under § 27-1201, Subsection 3A, is developed within the required setback distance.

Lighting. Overhead lighting shall be provided to illuminate all improved areas of the property and said lighting shall be in compliance with all requirements of this chapter.

Visibility. Any building, structure, or room used and occupied as an adult business shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service, or entertainment are exhibited or displayed, and no sale materials, merchandise, film, or offered items of service or entertainment shall be visible from outside the structure.

Signs. Exterior signs shall comply with the provisions of Part 17; however, business identification signs shall be limited to a maximum of 20 square feet and signs attached to the building facade shall be limited to a maximum total of 10 square feet. Content of such signs shall be limited to only the text of the name of the business and the hours of operation. No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service, or entertainment offered therein.

Entrances. Each and every entrance to the structure shall be posted with a notice that the use is an adult business, that persons under the age of 18 are not permitted to enter, and warning all others that they may be offended upon entry.

Physical or Sexual Contact. No use shall include live actual or simulated sex acts or any physical or sexual contact between employees and contractors, entertainers or dancers, nor between employees, contractors, entertainers or dancers and customers. At an adult live entertainment use or facility, employees, entertainers and dancers shall maintain a minimum distance of three feet from customers.

Hours of Operation. The use shall not operate between the hours of 2:00 a.m. and 7:00 a.m.

Viewing Booths. For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.

Garments. All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment use or facility.

State Law Compliance. As a specific condition of approval under this chapter, the applicant shall prove compliance with all applicable state laws, including, but not limited to, the Pennsylvania Liquor Code, Act 219 of 1990;[2] Act 207 of 1990 (which pertains to obscenity); and Act 120 of 1996[3] (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).

Exemption for Modeling Class. Any modeling class which involves a person appearing in a state of nudity and which is operated by or involves any of the following shall be exempt from the provisions of this § 27-1201:

Conditional Use. The existence of airport hazard zones limits the uses of surrounding landowners. No airport shall be permitted to make any change which would affect the location of airport surface zones, approach zones, or hazard zones, and no new airport shall be developed, unless conditional use approval has been granted. In addition to the requirements of Part 11, the following procedures and criteria shall apply to any airport conditional use application. The following shall constitute changes at an airport requiring conditional use approval prior to the change:

Application Contents. The application for conditional use shall contain the following documents and information:

Engineering Review. The Township Engineer shall review the application and report whether the application to the Planning Commission complies with all applicable ordinances, laws and regulations relating to airport hazard zones. The Township Engineer shall also report how the proposed airport or change will affect neighboring landowners and landowners in airport hazard zones. The Township Engineer shall also review and report on expected obstructions to aircraft resulting from the airport or change, and upon the adequacy, feasibility and practicality of the applicant's plan to acquire the necessary air rights.

Notice to the FAA, the Bureau of Aviation, and the County. The Zoning Officer shall send a copy of the completed application to the Bureau of Aviation, the FAA and the county planning department, by certified mail, at least 14 days before the date of the hearing.

Criteria to Review. In acting on a conditional use, the Supervisors shall consider:

Runway and Landing Pad Setbacks. The edges and ends of any runway and/or helicopter landing pad shall be a minimum of 250 feet from any property line.

Setbacks. Any structure, outdoor kennels, or animal exercise areas used for the keeping of dogs shall meet the setbacks on Table 27-1203.

Parking. Adequate off-street parking shall be provided pursuant to this chapter with one space for each nonresident employee and one space per four dogs kept on the premises.

Noise Barrier. A noise barrier consisting of a solid fence not less than six feet in height or a dense vegetative planting of not less than six feet in height shall be provided at a distance not to exceed 15 feet and fully encircling all kennel areas or animal exercise areas not enclosed in a building.

Hours Outdoors. All animals shall be restricted from using kennel areas not fully enclosed in a building from dusk to 8:00 a.m.

Wastes. All waste materials generated on the premises shall be disposed of at a PADEP-approved facility, and a detailed plan for the same shall be included with the zoning application. In any case, all animal wastes shall be stored in watertight containers in an area meeting the setbacks in Table 27-1203 until disposed of and proof of such disposal shall be provided to the Township.

Nuisances. All animal wastes shall be stored in an area meeting the setbacks in Table 27-1203 and shall be disposed of properly.

Parcel Size. A minimum of two acres shall be required (plus one additional acre for each horse).

Number of Horses. The number of horses permitted shall not exceed one horse per every one acre of land.

Building Size. The building used to house the horses shall meet the most current Society for the Prevention of Cruelty to Animals standards.

Fences. All horses shall be restricted from grazing or intruding on an adjoining property by adequate fences or other means.

Parking. Adequate off-street parking shall be provided pursuant to this chapter.

Setbacks. Any stable building or corral or other indoor or outdoor area used for feeding of animals, concentrated confinement of animals or manure storage shall meet the setbacks on Table 27-1203. These setbacks shall not apply where the affected adjoining or neighboring property owner provides a written, notarized letter stating the acceptance of a lesser, specified setback.

Existing Structures. On parcels meeting the minimum parcel size requirement, the use of an existing structure for housing of horses, which structure does not meet the required setbacks on Table 27-1203, may be permitted as a conditional use provided the applicant can document that no nuisances will be created due to noise, odor or other factors, and the Township can establish adequate conditions to assure the same.

Nuisances; Manure Management. The operation of the stable shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property, and the applicant shall provide a plan for soil erosion and sedimentation control and manure management for approval by the Township.

Uses Permitted. The following types of uses shall be permitted as part of the operation:

Parcel Size. A minimum parcel of 20 acres shall be required and a single-family residence for the owner or manager shall be permitted on the premises, provided all other sections of this chapter and other applicable standards are met.

Number of Horses. The number of horses permitted shall not exceed one horse per every one acre of land.

Building Size. The building used to house the horses shall meet the most current Society for the Prevention of Cruelty to Animals standards.

Fences. All horses shall be restricted from grazing or intruding on an adjoining property by fences or other means.

Parking. Adequate off-street parking shall be provided pursuant to this chapter, with one space provided for each nonresident employee and one space per two horses kept on the premises.

Setbacks. Any stable building or corral or other indoor or outdoor area used for feeding of animals, concentrated confinement of animals or manure storage shall meet the setbacks on Table 27-1203. These setbacks shall not apply where the affected adjoining or neighboring property owner provides a written, notarized letter stating the acceptance of a lesser, specified setback.

Nuisances; Manure Management. The operation of the stable shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property, and the applicant shall provide a plan for soil erosion and sedimentation control and manure management for approval by the Township.

Uses Permitted. The following types of uses shall be permitted as part of the horse farm operation.

A minimum parcel size of five acres shall be required.

All animals and animal quarters shall be kept in a clean and sanitary condition. Adequate ventilation shall be maintained.

The permit holder shall use every reasonable precaution to assure that the animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any means.

Animals which are enemies by nature or are temperamentally unsuited shall not be quartered together or so near each other as to cause the animals fear or to be abused, tormented or annoyed.

The permit holder shall maintain the premises so as to eliminate offensive odors or excessive noise.

The permit holder shall not permit any condition causing disturbance of the peace and quiet of his neighbors.

Animals must be maintained in quarters so constructed as to prevent their escape. The permit holder assumes full responsibility for recapturing any animal that escapes from his premises. The permit holder shall make adequate provisions and safeguards to protect the public from the animals.

The operation shall conform to all applicable local, state and federal laws and regulations.

Any building, corral or other indoor or outdoor area used for feeding of animals, concentrated confinement of animals or animal waste storage shall not be located within 125 feet of any adjoining property line and 100 feet from any public or private road right-of-way.

The applicant shall provide for adequate disposal of any waste materials generated on the premises, and a detailed plan for the same shall be included with the zoning application.

State Protected Agricultural Operations. Nothing in this chapter is intended to preclude the rights and protections of bona fide agricultural operations afforded by the Pennsylvania Right To Farm Law, as amended; the Pennsylvania Agricultural Area Security Law, as amended; and other applicable state statutes.[1] Such rights and protections, in terms of limiting the application of the standards in this chapter, shall be afforded to such uses of land which meet the minimum definition of agricultural use as established by the applicable state statute.

Animal Husbandry, Commercial.

Animal Husbandry, Home Use.

Guest stays shall be limited to a maximum of 14 consecutive days.

The maximum number of guest rooms shall be five.

One sign may be erected on the property. The maximum size shall be two square feet and it may be illuminated only by indirect lighting.

The inn must comply with local regulations including, but not limited to, fire, health, and building codes where applicable.

Bed-and-breakfast operations shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family dwelling.

Meals shall be served only to overnight lodgers.

The owner and/or manager shall live on the premises.

Parcel Size. Bulk fuel storage facilities shall be located on a tract of land not less than three acres in area.

Setbacks. Storage tanks shall be located not less than 150 feet from any property line or any road or street right-of-way line. Cylinder filling rooms, pumps, compressors and truck filling stations shall be located not less than 200 feet from any property line and not less than 150 feet from any road or street right-of-way line.

Fence. The total tank storage area shall be entirely fenced with an eight-foot-high industrial-type security fence or have an equivalent protection barrier approved by the Township.

Other Regulations. Bulk fuel storage facilities shall be developed in complete compliance with all applicable local, state, federal and insurance regulations and requirements.

All cemeteries shall be located on a tract of land not less than five acres in area.

All graves or other places of burial shall be not less than 35 feet from any public road or street right-of-way line or property line.

Cemetery plot sales office buildings, maintenance buildings, and storage buildings shall be situated in accordance with the setback and building height requirements for principal buildings in the zone.

Interior roads and driveways shall be at least 20 feet in width and shall provide adequate access, within 100 feet to all grave sites.

Existing natural features, vegetation, and drainage patterns shall not be removed, changed, or destroyed except where absolutely necessary for the layout of the cemetery.

All cemeteries shall have a boundary of decorative fence at least three feet in height along all boundaries.

The provisions of this § 27-1207 shall not apply to the expansion of public or religious cemeteries in existence prior to the original enactment of this § 27-1207; however, any such expansion shall comply with other applicable ordinance provisions and any applicable state and federal rules, regulations, statutes, codes and law.

The provisions of this § 27-1207 shall not apply to private family cemeteries, provided the total number of individuals interred in any such cemetery does not exceed 10 on any one lot or group of lots and such internment complies with other applicable ordinance provisions and any applicable state and federal rules, regulations, statutes, codes and law.

A statement setting forth full particulars on the operation of the use, a copy of the articles of incorporation, if a corporation, or trade name certificate, if any, shall be filed with the Zoning Officer. In addition, the Zoning Officer may, in any case, require that names and addresses of all charter members be furnished.

The proposed use must be a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of said organization.

Building-mounted antennas shall not be located on any single-family dwelling or two-family dwelling.

Building-mounted antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.

Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.

Directional or panel antennas shall not exceed five feet in height and three feet in width.

Any applicant proposing an antenna to be mounted on a building or other structure shall submit verified drawing from a Pennsylvania-registered professional engineer, certifying and attesting that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

Any applicant proposing an antenna to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antenna will be mounted on the structure for review by the Township Engineer.

Any applicant proposing an antenna to be mounted on a building or other structure shall submit credible evidence of agreements and/or easements necessary to provide access to the building or structure on which the antenna is to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.

Antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure by electromagnetic radiation.

Antennas shall not cause radio, TV or other wireless frequency interference with other communications facilities.

A communications equipment building shall comply with the height and setback requirements of the applicable zoning district for an accessory structure.

The owner or operator of antennas shall be licensed by the Federal Communications Commission to operate such antennas.

In addition to the information required elsewhere in this chapter and Chapter 22, Subdivision and Land Development, applications for communications towers shall include the following information and documentation:

Additional standards for all communication towers erected, constructed or located within Jackson Township which are classified as a conditional use in the zoning district where proposed, shall comply with the following requirements:

Design Requirements.

Interference with Public Safety.

Abandoned or Unused Communication Towers or Portions of Communication Towers. Abandoned or unused communication towers or portions of communication towers shall be removed as follows:

Setbacks. The setback of the base of a communication tower from all adjacent properties and/or lot lines shall be a distance equal to 100% of the antenna height, or the building setback requirements for the underlying zoning district, whichever is greater.

Lot Size. The minimum lot area requirement for a communication tower use shall be in accordance with the building setback requirements for the underlying zoning district, or the minimum area necessary to comply with the setback requirements of § 27-1210, Subsection 2F, whichever is greater.

Antenna Height. The maximum antenna height shall not exceed 150 feet in any zoning district.

All structures (including gasoline pump islands, but not permitted signs) and machinery shall be set back at least 50 feet from any street right-of-way line.

All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residential uses.

All automated teller machines shall be located, or contain convenient parking spaces, so that the on-site movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines.

This use may be considered as an accessory use to an existing or proposed principal use in the I Industrial zone, provided that all applicable provisions for its establishment are satisfied.

The facility shall obtain a certificate of licensure from the Pennsylvania Department of Public Welfare and provide a copy of said certificate to the Township prior to occupancy approval by Jackson Township.

Outdoor play areas for children must be located in a side or rear setback and be sufficiently enclosed so as to provide for the health and safety of the children.

The facility shall obtain a certificate of registration from the Pennsylvania Department of Public Welfare and provide a copy of said certificate to the Township.

Outdoor play areas must be located in a side or rear yard of the dwelling and be sufficiently enclosed so as to provide for the health and safety of the children.

Day care operations shall be conducted so as to be clearly incidental and accessory to the primary use of the property as a residential dwelling.

Commercial activity conducted within the sales office and upon the development shall be limited to offerings within the development only.

The lot and structure shall conform to all requirements for single-family detached dwellings.

No construction materials, products or equipment may be displayed or stored, except within any principal or accessory building.

The occupancy permit for the limited commercial activity shall be valid for a period of five years from the date of issuance and may be renewed, upon application, for one successive period. At the time of expiration of a valid permit or at the time all the lots within the development are conveyed prior to the expiration of the permit, the limited commercial activity shall cease and the use revert to a single-family residence. Only one such occupancy permit for the limited commercial activity may be issued to any developer in any single development.

The buffer yard shall include a vegetated screening buffer. The screen buffer plantings are intended to form an impenetrable visual screen and shall include a variety of evergreen tree species to prevent monocultural planting. Trees used for screen buffers shall be comprised of 100% evergreen species.

Evergreen trees used in the screen planting shall be at least six feet high when planted and shall be of such species as will produce a dense visual screen at least 10 feet high within four years. Where the screen buffer planting requires more than 50 trees, no more than 1/3 of those trees will be of a single variety. Deciduous canopy trees and/or flowering trees, and evergreen shrubs are encouraged to provide complete screening and visual appeal, in addition to the required evergreen trees. Shrubs shall have a minimum height of 36 inches when planted.

Plant materials shall be permanently maintained and any plant material which dies shall be replaced by the landowner.

Where such screening is required, it shall be assured by a performance guarantee posted with the governing body in an amount equal to the estimated cost of trees and shrubs and plantings. Such guarantee shall be released only after passage of the second growing season following planting.

The buffer yard may overlap the required side of rear yards, and in case of conflict, the larger yard requirements shall apply.

All plantings shall conform to the standards of the Township's list of acceptable plant species. (Subdivision and Land Development Ordinance Appendix).[2]

Average a minimum of five feet in height above the adjacent average ground level (disregarding any drainage channel) on the outside of the berm.

Air pollution impacts emissions from vehicle operations, including from truck engines during idle time. The applicant shall identify all stationary and mobile sources of fine particulate matter (PM2.5), volatile organic compounds, and nitrogen oxides at the site. The applicant shall specify best management practices for preventing and reducing the concentration of air polluting emissions at the site. The owner or operator of the facility shall have anti-idling signs prominently posted in areas where 15 or more trucks may park or congregate.

The potential for public nuisance to residents resulting from operations and truck traffic, including noise, glare, light, and visual obstacles.

A stormwater management plan.

Consistency with the municipal and county comprehensive plan. The applicant shall submit an assessment report of the impact of the proposed use on the goals of the respective plans. Where the proposed use conflicts with the comprehensive plan, the assessment report shall identify mitigation measures which may be undertaken to offset any degradation, diminution, or depletion of public natural resources.

Additional Considerations. The following shall also be addressed:

Critical Impact Areas. In addition to the above, plans should include any area, condition, or feature which is environmentally sensitive or which if disturbed during construction would adversely affect the environment.

Consultation. Upon receipt of the application the Township may forward the assessment to the Township Engineer.

Review and Action. The Planning Commission shall evaluate the environmental impact assessment and make a recommendation to the Board.

If applicable, the facility must be certified by the Monroe County Area Agency on Aging prior to occupancy approval by Jackson Township.

Domiciliary care operations shall be conducted as an accessory use to the primary use of the property as a single-family residence.

The domiciliary care home must be owner-occupied, and only family members residing on the premises shall provide the care associated with a domiciliary care facility.

No facilities for cooking or dining shall be provided in individual rooms or suites.

The home must comply with all local regulations, including but not limited to fire, health, and building codes.

A gaming establishment shall not be permitted within 1,000 feet of any other separately deeded lot containing a gaming establishment. The distance between any two such facilities shall be measured in a straight line, without regard to intervening structures, from the closest points on each of the exterior lot lines of the separately deeded lots upon which each facility is located.

No gaming establishment shall be located within 1,000 feet of any residential use. The distance between any such facility and any residential use shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of the separately deeded lot on which the facility is located to the closest point of the property line of any residential use.

Proximity to Other Uses.

No more than one gaming establishment may be located within one building or be located on the same separately deeded lot.

The applicant shall furnish evidence satisfactory to the Township that the proposed use will not be detrimental to the use of adjoining lots due to hours of operation, light, and/or litter.

The applicant shall furnish evidence satisfactory to the Township as to how the use will be controlled so as to not constitute a nuisance, particularly concerning noise and loitering outside the building.

A working plan for the cleanup of litter shall be furnished and implemented by the applicant, subject to the approval by the Township.

The facility shall provide evidence of compliance with all applicable state and federal regulations.

The facility shall comply with all other applicable regulations of this and other Township ordinances.

The facility shall provide one parking space for each employee plus sufficient spaces to meet the reasonable demands of the business as determined by the Planning Commission.

A plan showing the layout of the facility, specifically identifying all rooms or other areas of the property to be used and the uses to be made there, and all of the services to be provided.

The applicant shall meet all safety requirements for such facilities as required by any federal, state or local law. Group homes shall be registered and licensed as required by either the federal government or the Commonwealth of Pennsylvania and shall be in compliance with all applicable rules and regulations of the licensing body.

Traffic shall not exceed normal residential levels, and ingress and egress must be made from safe and proper locations.

Each group home shall provide off-street parking as required for single-family dwellings.

A common kitchen and dining facility shall be provided, and no cooking or dining facilities shall be provided in individual rooms or suites.

Not more than eight persons shall reside in a group home, including the maximum number of employees/supervisors and/or care providers routinely in the group home at any point in time.

A minimum of 250 square feet of habitable floor area shall be provided for each occupant.

A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require such facilities if the affiliated institution provides them elsewhere.

Each group quarters shall provide one off-street parking space for each occupant.

All group quarters shall comply with all applicable building, health, and fire codes.

All group quarters shall be connected to water and sanitary sewage facilities approved by the Pennsylvania Department of Environmental Protection.

Group quarters may be an accessory or principal use but must be directly affiliated with a parent religious, educational, charitable, or philanthropic institution.

Parcel Size and Setbacks.

Access. There shall be a minimum of two exterior points of entry to the junkyard, one specifically limited to the use of emergency vehicles.

Fence. All junkyards shall be completely enclosed by a chain-link fence not less than 10 feet in height not less than 10 feet from any public road right-of-way and property lines. Evergreen trees five feet to six feet in height shall be placed on twelve-foot centers immediately outside the fence. The fence and gate shall be maintained in such a manner as not to become unsightly. There shall be not advertising of any kind placed on the fence. Junk shall not be stacked so as to protrude above the fence. It is further provided that the foregoing fencing provisions shall be applicable only to that portion of the premises being immediately used for the storage of junk and shall not be applicable to the balance of the property owned or used by said junkyard operator so long as said remaining portion or land is not being used of the storage of junk as defined in this chapter.

Buffer. All junkyards shall be screened from view from all adjoining properties and any public right-of-way and natural vegetative cover shall be maintained in all required setbacks. Vegetative plantings of sufficient density or fencing of such design to effect the required screening may be used. In any case, a buffer not less than 20 feet wide shall be required in accord with § 27-1009, Subsection 1A.

Dumping Prohibited. The area used for a junkyard shall not be used as a dump area for trash or garbage.

Burning Prohibited. No burning whatsoever shall be permitted on the premises.

Hazardous Materials. To further protect groundwater and surface water, all batteries, coolants, gasoline diesel fuel, engine oil, Freon, any other petroleum products and any other noxious or potentially contaminating materials shall be removed from all junk within two working days after arrival to the premises and shall be disposed in a manner meeting all state and federal requirements. Such liquids and materials while stored on the premises shall be kept separately in leak-proof containers at a central location on the premises.

Water Monitoring. The owner of any junkyard shall be required to monitor the groundwater and surface water in the vicinity of the junkyard. Water testing shall be conducted every three months on any stream located on the premises or any stream within 500 feet of any area used for the storage of junk if water drainage from the junkyard area is to said stream. For each testing period, two samples shall be collected; one sample shall be taken from upstream of the junkyard drainage area and one sample shall be taken from the stream at a point below the junkyard drainage area. In addition, the well located on the premises shall also be sampled every three months. The samples shall be analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Board of Supervisors, and if said samples exceed the limits established by the Board of Supervisors, and if said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the junkyard shall cease operation until such time as the source of the contamination has been identified and corrected. Tests results shall be submitted to the Township by the certified laboratory.

Fire Lanes. Fire lanes of a minimum width of 20 feet shall be maintained so that no area of junk shall span a distance of more than 50 feet.

Noise. The junkyard shall comply with the noise standards in § 27-1009, Subsection 1F.

Hours of Operation. Any activity associated with the operation of a junkyard that produces any noise audible beyond the property line shall be conducted only between the hours of 7:00 a.m. and 8:00 p.m. and not on Sundays. During business hours, an adult attendant shall, at all times, remain on the premises.

Height. No junk shall be stacked or piled to a height of greater than 12 feet.

Storage. Paper, rags, plastic materials, garbage, organic waste and other rubbish shall not be stored outside and shall not be accumulated or remain on any premises for more than one month.

Tires. Tires shall not be stored or stockpiled in any junkyard in an amount exceeding two weeks of accumulation.

Public Nuisance. All premises shall, at all times, be maintained so as not to constitute a nuisance, or a menace to the health, safety, and welfare of the community or to the residents nearby, or a place for the breeding of rodents and vermin, and shall not constitute a nuisance due to hours of operation, noise, light or litter, the generation of dust, smoke or other pollutants, or the accumulation of stagnant water.

Lock and Door Removal. Locks shall be removed from junk or abandoned vehicles and doors shall be removed from freezers and similar items to prevent entrapment of children.

Subdivision and Land Development. Applications for permits for junkyards, in addition to meeting the requirements of this chapter for permits, shall follow the place submission and approval process established by Chapter 22, Subdivision and Land Development, for land developments and major subdivisions.

Financial Guarantees. Certain financial guarantees may be required from the owner/operator to insure the proper operation, maintenance and/or dissolution of the junkyard.

Access to Public Roads.

Landings. Landings shall comply with the following requirements:

Restoration and Stabilization; Litter and Refuse.

Permit, Erosion and Sediment Plan.

Applicability. This § 27-1222 applies to all large-scale retail/commercial land.

Intent.

Intensity of Development, Area and Bulk Regulations. Intensity of development shall be determined by meeting all standards herein, as well as all requirements of the zoning district in which the tract is located and the applicable requirements of Chapter 22, Subdivision and Land Development.

Traffic Design. Large-scale retail/commercial land developments shall comply with the traffic and circulation design standards in Chapter 22, Subdivision and Land Development.

Pad Sites. For pad site buildings located within 150 feet of a perimeter road of any classification, parking and aboveground utilities, including mechanical equipment and trash collection areas, shall be prohibited between the building and the road, but driving aisles shall be permitted between the building and the road.

Common Open Space. Common open space shall be provided in accord with the recreation land dedication requirements in § 22-619 of Chapter 22, Subdivision and Land Development.

Outdoor Display Areas. All exterior display areas shall be separated by a minimum of 10 feet from motor vehicle routes by a physical barrier visible to drivers and pedestrians. A minimum walkway width of 10 feet shall be maintained between the display items and any vehicle drives.

Outdoor Storage Areas. Such areas include exterior storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, and all other exterior stored items. Such outdoor storage uses and areas shall be appropriately screened as required by §§ 27-1009, Subsection 1A and B.

Outdoor Sales Areas.

Mechanical Equipment.

Loading Docks. Loading docks shall be screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, complementary landscaping at time of planting, or combinations of the above.

Solid Waste. Dumpsters, refuse containers and other solid waste collection, storage, and conveyance facilities shall be screened in accord § 27-1009, Subsection 1A and B.

All mineral extraction operations and activities shall conform to all state and federal regulations and the applicant shall forward a copy of the Department of Environmental Protection permit to the Zoning Officer prior to the issuance of a zoning permit.

In addition to the minimum distance requirements set forth in state and federal regulations, the applicant shall maintain a minimum 200-foot-wide buffer strip between the active mineral extraction operation and the exterior property lines. The vegetation in the buffer shall not be removed, except to provide for adequate access, but shall be maintained and/or increased to provide for adequate visual screening of the operation.

The Board of Supervisors may require that all or portions of the extraction operations be enclosed with a fence to ensure the general welfare and public safety.

No dust, fumes, odor, vibration or noise in excess of 85 dBA in excess of one minute nor for a cumulative time in excess of 20% of any one day shall be discernible at the exterior property line. Noise control shall conform to the provisions of § 27-1009, Subsection 1F.

Dust and debris shall not be allowed to accumulate within the right-of-way of any public road, and it shall be the responsibility of the owner of any such property, where the operations exist, to maintain the affected public roads in a clean condition satisfactory to the Township Board of Supervisors.

The grading, backfilling and replacement of all over burden material in a manner which will restore the premises to the same or more suitable condition and/or usable grade as existed on the original site is required.

All such excavations and backfilling operations must be adequately drained to prevent the formation of pools of water.

The side walls of any excavation operation which are not completely backfilled shall not have a slope steeper than one foot of vertical distance for each two feet of horizontal distance.

Nothing in this chapter shall be construed to prohibit a property owner from conducting surface mining operations for the production of materials to be utilized totally within the confines of the property on which the mining operations are being conducted.

Nonconforming Mobile Home Parks. Changes and expansions of nonconforming mobile home parks in Jackson Township, in addition to the applicable requirements of this chapter, shall comply with Chapter 22, Subdivision and Land Development.

Density. Density shall be determined by using the adjusted tract area approach in § 27-1306, Subsection 5, and a density factor of one mobile home site per acre.

Project Design Process and Procedure.

Site Plan. A proposed site plan showing all necessary information to include, at a minimum, location of all buildings and improvements including roads, parking areas, planting strips, signs, overall grading plan with storm drainage facilities, water supply and distribution systems, sewage treatment and collection systems and the specific areas provided as open space pursuant to the requirements of this chapter. Building layouts, floor plans and profiles shall also be provided, indicating building dimensions, numbers, and sizes of units, common ownership or use areas, lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in the Township. Setbacks from property lines, improvements, and other buildings shall also be specifically shown.

Open Space.

Bulk and Density Standards; Parcel Configuration. The bulk and density factors listed in the Multifamily Dwelling Standards Table shall apply to multifamily dwellings and projects without the application of any density bonuses. All land proposed for a particular multifamily dwelling project shall be part of the same parcel and contiguous.

Design Criteria. The following design criteria shall apply to multifamily projects:

Nonresidential Use. Nonresidential uses and home occupations which employ other than unit residents shall not be permitted in a multifamily dwelling. Such ancillary facilities as laundry areas, service buildings, recreational facilities and the like for the use of the residents of the project shall be permitted.

Common Property Ownership and Maintenance. In cases where the ownership of common property is involved, evidence of arrangements for the continuous ownership and maintenance of same shall be provided by the developer for approval by the Township in accord with Chapter 22, Subdivision and Land Development. The developer shall also submit evidence of compliance with the PA Condominium Law[1] or an attorney's opinion that said law does not apply to the subject project.

Water Supply and Sewage Disposal. All multifamily dwelling projects shall be served by an off-site water supply and an off-site sewage disposal system.

Lighting. Lighting shall be provided sufficient in number and intensity to provide for the safe movement of vehicles and pedestrians. Lighting shall not reflect toward public streets or cause any annoyance to surrounding properties.

The primary organization utilizing the facility shall be a nonprofit organization registered in the Commonwealth of Pennsylvania.

Principal structures shall have minimum front, rear, and side setbacks of 75 feet each; all other setbacks and structures shall be sited in compliance with district requirements.

One single-family residence is permitted as an accessory use when located upon the same lot as the principal place of worship, subject to the following conditions.

The drive-in service shall have access to either an arterial or collector road.

Exterior trash receptacles shall be provided and routinely emptied so as to prevent litter.

All drive-in window lanes shall be separated from the internal accessways of the parking lot.

Any exterior speaker/microphone system shall be arranged and/or screened to minimize the impact of objectionable noise upon adjoining properties.

All exterior seating and play areas shall be completely enclosed by a fence having a minimum height of three feet.

No part of the subject property shall be located within 200 feet of any residential zoning district or use.

Uses providing outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate visual and/or audible impacts on adjoining properties.

The applicant shall demonstrate adequate stacking lanes can be provided to prevent vehicle backups onto adjoining roads. The stacking lanes shall not count as parking spaces.

The applicant shall furnish evidence of approved water supply and sewage disposal.

All off-street parking and/or loading areas shall be screened from adjoining residents and roads.

All restaurant seating shall be provided within the completely enclosed building, except that limited exterior seating may be provided if:

A resort condominium shall have been operated and assessed as a resort for a minimum of 10 consecutive years prior to conversion to condominium ownership.

Resort condominium units may be created through the declaration to include existing buildings or other portions of the real estate.

Resort condominium units are exempt from lot dimensional standards for minimum lot size, front, rear and side yards and street frontage and depth to width ratios.

The number of resort condominium units permitted in a resort condominium shall be determined based on the table of density and conservation open space percentages for Options 1, 2 or 3, set forth in § 27-1306 for the RC Zone.

Prior to recording the declaration of condominium, the resort owner shall submit to the Township its calculation of the maximum proposed number of resort condominium units, determined pursuant to § 27-1306, which proposed maximum shall be reviewed by the Township's Zoning Officer and Engineer, following which review the Township shall certify a permitted maximum density. Should the resort owner not agree with the Township's certified permitted maximum, the resort owner may follow the procedures for appeal to the Zoning Hearing Board under Part 15 of this chapter.

The conversion of a resort to resort condominium ownership shall not be deemed to be a change in use requiring a new zoning permit, unless the actual use of the property comprising the resort changes.

Any structure proposed as a rooming house or boardinghouse shall have a habitable floor area, in addition to that required for the person or family operating the facility, of at least 300 square feet for each roomer or boarder.

No facilities for cooking or dining shall be provided in individual rooms or suites.

All rooming houses and boardinghouses shall comply with all applicable local regulations, including but not limited to fire, health, safety, and building codes.

Purposes.

Land Development. An SCF shall also meet the requirements of Chapter 22 (Subdivision and Land Development), including, but not limited to, land development requirements.

Application Requirements. In addition to the requirements set forth in § 27-1103, the SCF owner and/or applicant shall provide the following as part of the conditional use application:

Development Standards, Requirements, and Criteria. The following standards, requirements, and criteria, without limitation, shall apply to an SCF:

Decommissioning. Decommissioning of an SCF or any of its solar energy system(s) shall comply with the following, without limitation:

Shadows and/or Obstructions. Prior to the issuance of a zoning permit, the SCF owner or applicant must acknowledge, in writing, that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title, or create in the property itself 1) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property or 2) the right to prohibit the development on or growth of any trees or vegetation on such property.

Solar Easements. A copy of any solar easements obtained by the applicant and/or operator shall be provided to the Township.

Storage of Related Equipment. Solar-related equipment and parts not in active operation on the SCF site shall be stored in an enclosed building and/or concealed within solid fencing no closer than the 50-foot setback per § 27-1236.1.D(8).

Solar commercial facility as a second principal use. An SCF shall be permitted on a property with an existing principal use subject to the following standards:

Controlling the location of facilities and establishing setbacks to minimize dispersal of material, provide adequate open space, minimize odors and limit the spread of vermin.

Requiring fencing and buffers to prevent the dispersal of material and minimize odors.

Establish baseline testing and water quality safeguards to limit the leaching of any liquids into surface water and groundwater and minimize air and soil pollution.

Establishing reporting procedures to ensure the proper operation and maintenance of the facility.

Compliance.

Application. In addition to the application requirements of this chapter, the facility application shall include copies of all information, documents, plans and reports required by PADEP.

Setbacks. The facility shall comply with PADEP requirements, but in no case shall any facility be operated less than:

Buffers. The setback areas shall remain unoccupied with no improvements except required fencing and access road(s). A buffer not less than 20 feet in width shall be provided in all setback areas in accord with § 27-1009, Subsection 1A, and additional buffers and setbacks may be required.

O&M. The operation and maintenance of the facility shall comply with all applicable state and federal regulations as a condition of the continuance of any permit issued by the Township. Violations of this condition shall also be considered to be violations of this chapter.

Reporting. If the facility is approved by the Township, the operator shall concurrently submit to the Township a copy of all information, documents, plans and reports required by PADEP, and shall forward to the Township a copy of all correspondence, notices and documents received from DEP which are related to the ongoing operation, maintenance and compliance of the facility.

Violation. The failure to comply with the requirements of this § 27-1237, Subsection 13, shall be a violation of this chapter.

Buffers and screens shall be provided as necessary to adequately protect neighboring properties from any adverse effects of the use or vehicular traffic. This includes, but is not limited to, fences, walls, plantings, and open spaces.

The use shall not constitute a public or private nuisance.

The use must be more than 300 feet from any church, hospital, charitable organization, school, or public playground.

All such operations shall conform to district requirements and further, provided that:

All fuel tanks or other such containers for the storage of flammable materials, either liquid or solid, shall be installed underground in accordance with the required permit issued by the Pennsylvania State Fire Marshal.

No motor vehicle or equipment parts or partially dismantled motor vehicles or equipment shall be stored outside of an enclosed building.

Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective islands or provided for in a suitable metal stand or rack.

The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.

The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, anticipated truck traffic, and an overall needed site size.

Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including, but not limited to, those listed in Part 5 of this chapter.

The applicant shall present credible evidence that the number of "oversized" off-street parking spaces provided for trucks will be adequate to accommodate the expected demand generated by the warehouse activities.

Maximum building height for such use shall be 50 feet.

A traffic study prepared by a professional traffic engineer, according to § 27-1013.

Minimum lot area: five acres.

The tract or assemblage of parcels developed as a unified development shall have direct access to an arterial, connector, or collector road, as defined in Part 2 of Chapter 22, Subdivision and Land Development.

An adequate second means of ingress and egress suitable for emergency access to the site shall be demonstrated.

All parking, principal structures, data center equipment, data center accessory uses, outdoor storage, fuel tanks, battery cells, and/or loading/unloading areas shall be screened by a 100-foot-wide buffer yard from all property lines. A 100-foot buffer is also required along the frontage of all streets. These buffer yards shall meet the following conditions:

Data center equipment shall not be located between the principal structure(s) and the street upon which the parcel fronts. DCE shall be separated from all adjacent residential uses by principal buildings. The use shall include an appropriate system to contain and properly dispose of any fuel, grease, oils or similar pollutants that may spill or leak.

All facilities with gated entrances shall provide for an on-site queuing area for the stacking of a minimum of one tractor-trailer.

A minimum eight-foot-high black poly-coated chain-link fence or other material approved by the Board of Supervisors shall be installed around the perimeter of the development.

No parking or loading/unloading shall be permitted on or along any public road.

External building materials shall be of colors that are low-reflective, subtle, or earth tone. Fluorescent and metallic colors shall be prohibited as exterior wall colors.

LEED (Leadership in Energy and Environmental Design) certification is strongly encouraged as well as roof-mounted accessory solar energy systems.

The applicant shall coordinate with the Monroe County Control Center to ensure there is adequate radio coverage for emergency responders within the building based upon the existing coverage levels of the Monroe County Control Center public safety Radio communications system at the exterior of the building and shall install enhancement systems if needed to meet compliance.

Evidence of adequate water and sewage disposal service shall be provided to the Township with the conditional use application.

An environmental impact assessment shall be performed and submitted with the conditional use application. The assessment shall be prepared by a professional environmental engineer, ecologist, environmental planner, or other qualified individual. An assessment shall include a description of the proposed use, including location relationship to other projects or proposals, with adequate data and detail for the Township to assess the environmental impact. The assessment shall also include a comprehensive description of the existing environment and the probable future effects of the proposal. The description shall focus on the elements of the environment most likely to be affected as well as potential regional effects and ecological interrelationships. At a minimum, the assessment shall include an analysis of the items listed below regarding the impact of the proposed use and the mitigation of any such impacts. The assessment shall also include detailed examination of public resources most likely impacted by the development plan and include the following focus areas:

The applicant shall provide an interconnection agreement with the conditional use application from the applicable electric service provider indicating that the necessary capacity is available, and the data storage center will be served. Known impacts on electric rates or availability for other uses directly attributable to the data storage center project shall be noted.

Fire Protection Plan. The site plan shall incorporate a fire protection plan, including, but not limited to, location of hydrants and other on-site and off-site firefighting equipment, and a narrative of same shall be provided to the Township and the Jackson Township Fire Company (or other applicable successor local fire company) for review and comment. A Knox®-type box shall be installed on all access gates for emergency access by the Jackson Township Fire Company (or other applicable successor local fire company) and other emergency responders.

Permission to Apply. An affidavit or evidence of agreement between the property owner and applicant and/or operator confirming the applicant and/or operator has permission to apply for the conditional use.

Noise Control.