Zoneomics Logo
search icon

Liberty Township Adams County
City Zoning Code

ARTICLE IV

Specific Criteria

§ 350-400 Specific standards for permitted uses, special exception uses and conditional uses.

In addition to the general criteria listed in Article III and Article VI, the following sets forth standards that shall be applied to specific uses whether a permitted, special exception or conditional use. These standards must be satisfied prior to approval of an application. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed herein specify different standards. In such cases, the specific standards shall apply.

§ 350-401 Accessory apartment.

A. 
One accessory apartment shall be allowed in a single-family detached dwelling unit with the following requirements:
(1) 
The appearance of the building shall remain intact.
(2) 
New entrances shall be located to the side or rear of the building.
B. 
Off-street parking shall be provided in accordance with § 350-310 herein.
C. 
A sewage permit must be secured from the Township SEO prior to securing the building permit for units served with an on-lot wastewater treatment.

§ 350-402 Adult-related facilities.

Adult-related facilities are permitted subject to the following criteria:
A. 
An adult-related facility shall not be permitted to be located within 1,000 feet of any other adult-related facility.
B. 
No adult-related facility shall be located within 1,000 feet of any residence.
C. 
No establishment shall be located within 1,000 feet of any parcel of land, which contains any one or more of the following specified land uses:
(1) 
Amusement park.
(2) 
Camp (for minors' activity).
(3) 
Child-care facility.
(4) 
Church or other similar religious facility.
(5) 
Community center.
(6) 
Museum.
(7) 
Park.
(8) 
Playground.
(9) 
School.
(10) 
Other lands where minors congregate.
D. 
No materials, merchandise, or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.
E. 
Any building or structure used and occupied as an adult-related facility shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed and no sale materials, merchandise or film shall be visible from outside of the building or structure.
F. 
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise or film offered therein.
G. 
Each entrance to the premises shall be posted with a notice of at least four square feet specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
H. 
No adult-related facility may change to another adult-related facility, except via special exception.
I. 
No unlawful sexual activity or conduct shall be permitted.
J. 
No more than one adult-related facility may be located within one building or mixed-use center.
K. 
The following shall be prohibited: any use or activity prohibited by Section 5903 of the Pennsylvania Crimes Codes, as amended,[1] and further defining the offense of obscenity, redefining obscene and further providing for injunctions.
[1]
Editor's Note: See 18 Pa.C.S.A. § 5903.

§ 350-403 Airports/heliports.

A. 
Airports/heliports are permitted subject to the following criteria:
[Amended 5-4-2016 by Ord. No. 2016-01]
(1) 
Minimum lot area: 15 acres.
(2) 
The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application.
(3) 
No part of the takeoff/landing strip and/or pad shall be located within 200 feet from any property line. The end of the takeoff/landing strip shall be set back a minimum of 300 feet.
B. 
Hangars.
[Added 2-5-2013 by Ord. No. 2013-01]
(1) 
Hangars are to be used solely for the storage of aircraft, aircraft parts, and vehicles and equipment customarily used as accessories to aircraft (including but not limited to two vehicles, air compressors, and pressure washers).
(2) 
Every hangar must contain fire extinguisher equipment in working order rated for use with flammable petroleum products.
(3) 
The installation of electricity in hangars must be done in accord with the applicable building codes adopted pursuant to the Uniform Construction Code Act[1] of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(4) 
Hangars shall provide one vehicular parking space in compliance with § 350-310A, C and G for each aircraft space within the hangar and shall provide vehicular access to the hangar in compliance with § 350-309.
(5) 
Hangars shall be subject to inspection for compliance with this chapter at the discretion of the Township during reasonable hours and with reasonable notice.

§ 350-404 Amusement arcades.

Amusement arcades are permitted subject to the following criteria:
A. 
All arcade activities shall take place within a wholly enclosed building.
B. 
The applicant must furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering outside of the arcade.
C. 
A minimum of one parking space for each 80 square feet of gross floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall require parking to be provided in accordance with the schedule listed in § 350-310 of this chapter.
D. 
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.

§ 350-405 Animal hospitals, veterinary facilities and kennels.

Animal hospitals and veterinary facilities are permitted subject to the following criteria:
A. 
All animal boarding buildings that are not wholly enclosed, and any outdoor animal pens, stalls, or runways shall be located within the rear yard.
B. 
All animal boarding buildings that are not wholly enclosed, and any outdoor animal pens, stalls, or runways shall be a minimum of 100 feet from all property lines.
C. 
All outdoor pasture/recreation areas shall be fenced to prevent the escape of the animals; all such fenced areas shall be set back a minimum of 25 feet from all property lines.
D. 
All animal hospitals, veterinary facilities and kennels shall comply with all applicable state and federal standards and regulations.

§ 350-406 Animal husbandry (agribusiness).

A. 
Structures used for housing of livestock and/or fowl shall not be located closer than the following minimum setbacks:
(1) 
One hundred fifty feet from any lot line or road right-of-way and 200 feet from any residential, non-farm-related structure other than lots lines and residences associated with residential districts [see § 350-406A(2)].
(2) 
Five hundred feet from all residential districts.
B. 
An approved nutrient management plan in accordance with the Pennsylvania Nutrient Management Law[1] shall be required.
[1]
Editor's Note: See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq. See also 25 Pa. Code § 83.201 et seq.
C. 
Notwithstanding anything contained in this chapter to the contrary, all manure and agricultural facilities and buildings, including poultry houses and livestock facilities, shall be managed in a manner so as to prevent pollution and in accordance with all existing and future environmental statues and regulations, including the Pennsylvania Clean Streams Law.[2]
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
D. 
The following additional minimum conditions shall apply to pig farms to mediate air quality impacts:
(1) 
A minimum lot size of 150 acres shall be required.
(2) 
Pens or feeding areas shall not be located within 1,000 feet of any property line.

§ 350-407 Automobile fueling stations including convenience stores, fuel sales and minor incidental repairs.

Convenience stores including fuel sales and automobile fueling stations, (including minor incidental repair) are permitted subject to the following criteria:
A. 
The subject property shall have a minimum width of 125 feet.
B. 
The subject property shall front on an arterial or collector road as defined on the Official Zoning Map.
C. 
The subject property shall be at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital or nursing, rest or retirement home.
D. 
The outdoor storage of motor vehicles (whether capable of movement or not) for more than 30 days is prohibited.
E. 
All structures (including gasoline pump islands but not permitted signs) shall be set back at least 30 feet from any street right-of-way line.
F. 
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded shall be permitted.
G. 
Access driveways shall be a minimum of 30 feet wide and separated by 75 feet from one another if located along the same frontage as measured from edge to edge.
H. 
All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residential properties.
I. 
A site circulation plan shall be devised that separates those patrons awaiting fueling service from those patrons awaiting other services. The plan shall include the following information:
(1) 
Location and dimensions of all structures and fuel pumps.
(2) 
Location and dimension of parking, landscaping areas and signage.
(3) 
Description of internal circulation and external access.
J. 
Parking shall not be permitted between the main entrance of the store and the refueling bays.
K. 
Minimum fuel pump setbacks shall be:
(1) 
Thirty feet from the front yard setback line.
(2) 
Thirty feet from all parking areas.
(3) 
A bufferyard/screen planting of no less than 10 feet in depth shall be maintained along all property lines abutting a residential use.

§ 350-408 Automobile, boat, trailer, truck, farm machinery, and mobile home service and repair facilities.

Automobile service and repair facilities, including, but not limited to, auto mechanics, drive-through lubrication services and tires, auto paint, brake, muffler, transmission, windshield, auto body, car radio and upholstery shops are permitted subject to the following criteria:
A. 
All service and/or repair activities shall be conducted within a wholly enclosed building.
B. 
No outdoor storage or stockpiling of trash, tires, parts, equipment, lubricants, fuel or other materials used or discarded shall be permitted.
C. 
All exterior vehicle storage areas shall be screened from adjoining residentially zoned or used properties and roads.
D. 
The storage of unlicensed vehicles for more than 60 days is prohibited.
E. 
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed towards any adjoining residentially zoned or used property.
F. 
The demolition or junking of vehicles, trailers, boats and other machinery is prohibited.
G. 
Any use involving the generation of waste grease and/or oil shall be required to install traps to collect these waste products. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by applicable state and/or federal regulations.
H. 
Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke.
I. 
Stored and/or repaired vehicles shall remain no longer than 60 days from the date of arrival.

§ 350-409 Bed-and-breakfasts.

Bed-and-breakfasts are permitted, subject to the following criteria:
A. 
No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
B. 
All floors above grade shall have direct means of escape to ground level.
C. 
One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit. Parking areas shall be encouraged to the rear of the lot, where possible, and shall be a minimum of 20 feet from any lot line.
D. 
A bed-and-breakfast may erect sign(s) in accordance with § 350-313 of this chapter.
E. 
The inn must comply with local and state regulations including, but not limited to, fire, health, safety and building codes.
F. 
The Township Sewage Enforcement Officer shall certify the adequacy of on-lot wastewater systems to handle the additional volume generated by the Inn in those areas dependent on on-lot wastewater systems.

§ 350-410 Boardinghouses.

Boardinghouses are permitted subject to the following criteria:
A. 
The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used.
B. 
No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
C. 
All floors above grade shall have direct means of escape to ground level.
D. 
One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.
E. 
Meals shall be offered only to registered tenants.
F. 
Signs shall comply with § 350-313 of this chapter.

§ 350-411 Business with drive-through services.

Banks, financial institutions and drive-through and/or fast food restaurants are permitted, subject to the following criteria:
A. 
The subject property shall front on an arterial or collector road, as identified on the Official Zoning Map.
B. 
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan for the clean up of litter.
C. 
All drive-through window lanes shall be clearly marked and separated from the parking lot's interior driveways.
D. 
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.
E. 
All exterior seating/play areas shall be completely enclosed by a three-foot-high fence.
F. 
No part of the subject property shall be located within 200 feet of any residentially zoned/used land.
G. 
A site circulation plan shall be devised that separates those patrons utilizing drive-through service from those patrons utilizing indoor facilities. The plan shall include the following information:
(1) 
Location and dimensions of all structures.
(2) 
Location and access to the drive-through service.
(3) 
Location and dimension of parking, landscaping areas and signage.
(4) 
Description of internal circulation and external access.
H. 
Drive-through lanes shall accommodate a minimum of eight vehicles waiting to utilize the drive-through service and shall be situated to prevent vehicles from queuing onto adjoining roadways.
I. 
All drive-through facilities, including teller windows and intercom, and the driveway shall be located along the side or rear faces of the building.
J. 
A bufferyard/screen planting of no less than 10 feet in depth shall be maintained along all property lines abutting a residential use.

§ 350-412 Camping and campgrounds.

[Amended 11-19-2019 by Ord. No. 2019-03]
A. 
Camping. Occasional noncommercial camping is permitted in Liberty Township subject to the following criteria:
(1) 
Camping by family members and household guests in camping units is permitted for three consecutive nights or less without a permit.
(2) 
A permit is required when either more than 10 visitors may be camping at a time, or if individuals are camping for more than three nights at a time.
(3) 
Permits are limited for camping for up to 10 days at a time, and no more than six permits may be granted in one year.
(4) 
In all situations, proper land use and the appropriate disposal of waste (trash, wastewater) are of utmost concern. Lot owners need to ensure appropriate disposal of waste.
(5) 
The Liberty Township Sewage Enforcement Officer will determine if appropriate measures are in place for waste disposal in accordance with the Pennsylvania Department of Environmental Protection when the permit application is reviewed.
(6) 
The Supervisors will set the fee for permits.
(7) 
Provisions must be taken that noise and other distractions do not become a public nuisance that will disturb neighbors.
B. 
Campgrounds. Campgrounds are permitted subject to the following criteria.
(1) 
Setbacks. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any street line.
(2) 
In no case shall there be more than five campsites per acre within a campground. All campgrounds are limited to a maximum of 150 campsites.
(3) 
An internal road system shall be provided. The pavement width of one-way access drives shall be at least 12 feet and the pavement width of two-way access drives shall be at least 20 feet. Parallel parking shall not be permitted on access drives.
(4) 
All outdoor play areas shall be set back 100 feet from any property line.
(5) 
All campgrounds shall furnish sanitary and garbage collection facilities that are leakproof and vector-proof and shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from adjoining properties.
(6) 
Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining properties.
(7) 
All campgrounds containing more than 100 campsites shall have vehicular access to an arterial road as identified on the Liberty Township Comprehensive Plan.
(8) 
A campground may construct signs in accordance with § 350-313 of this chapter.
(9) 
A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner.
(10) 
Every campground shall have an on-site office and a person responsible for operation of the campground.
(11) 
All water facilities, sewage disposal systems, restrooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the Pennsylvania Department of Environmental Protection.
(12) 
Lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.
C. 
Other regulations apply as stated in Chapter 117, Campgrounds, of the Code of the Township of Liberty, as amended.

§ 350-413 Car washes.

Car washes are permitted subject to the following criteria:
A. 
Each washing bay shall provide a 100-foot-long on-site stacking lane.
B. 
All structures housing washing apparatuses shall be set back 30 feet from any side lot line.
C. 
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter.
D. 
The subject property shall front on a major arterial, arterial or collector road, as identified in the Liberty Township Comprehensive Plan, as amended.

§ 350-414 Churches and places of worship.

Churches and places of worship are permitted subject to the following criteria:
A. 
House of worship.
(1) 
Minimum lot area: two acres.
(2) 
Minimum lot width: 200 feet.
(3) 
Side yard setback: 50 feet on each side.
(4) 
All off-street parking areas shall be set back at least 25 feet from the street right-of-way line.
(5) 
Church-related residences (rectories and convents) shall be governed by the location, height and bulk standards imposed upon other residences within the site's zone.
B. 
Church-related educational or day-care facilities, excluding camps which shall meet the criteria for campgrounds.
(1) 
All educational or day-care uses shall be accessory and located upon the same lot as a house of worship.
(2) 
Day-care facilities shall conform to § 350-416.
(3) 
Passenger dropoff areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
(4) 
All educational or day-care uses shall be governed by the location, height, and bulk standards imposed upon principal uses within the underlying zone.
(5) 
Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the proposed use, one off-street parking space shall be provided for each six students enrolled below grade 10, and/or one off-street parking space for each three students grades 10 and above.

§ 350-415 Clubhouses for private clubs.

Clubhouses are permitted subject to the following criteria:
A. 
The subject property shall front on a major arterial, arterial or collector road, as identified in the Liberty Township Comprehensive Plan, as amended.
B. 
All off-street parking shall be set back at least 25 feet from the right-of-way line of adjoining road(s) or 30 feet from any adjoining lot lines.
C. 
All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.
D. 
Screening shall be provided along any adjoining residentially zoned/used property.

§ 350-416 Commercial day-care facilities.

Commercial day-care facilities are permitted subject to the following criteria:
A. 
An outdoor play area shall be provided, at a rate of one 100 square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 10 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence and screened from adjoining residentially zoned or residentially used properties. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.) All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).
B. 
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
C. 
Passenger dropoff and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
D. 
One off-street parking space shall be provided for each six students enrolled.
E. 
All commercial day-care facilities shall comply with all applicable state and federal standards and regulations. Proof of compliance shall be maintained.
F. 
The Township Sewage Officer shall certify that the sewage disposal system is sufficient in size and operating condition to accommodate the use.

§ 350-417 Commercial recreation facilities.

Commercial recreation facilities are permitted subject to the following criteria:
A. 
The subject property shall front on a major arterial, arterial or collector road, as identified in the Liberty Township Comprehensive Plan, as amended.
B. 
Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.
C. 
Any outside pedestrian waiting lines shall be provided with a means of shade.

§ 350-418 Communication, cell towers and antennas.

A. 
Communication and cell towers and antennas are permitted subject to the following provisions:
(1) 
Purpose. In recognition of the technical development in the telecommunications field which have provided new options for the expansion and delivery of communications service to the Township and its residents, the purpose of this section is as follows:
(a) 
To accommodate and recognize the need for the Township police, fire and emergency medical services and its residents and visitors to rely on wireless communications services for business and personal uses.
(b) 
To encourage efficient and adequate wireless communication services in the Township while at the same time protecting the public health, safety and welfare, and minimize any adverse effects on residential property value.
(c) 
To minimize adverse visual impact and effects of communication antennas and antenna support structures through proper design, sighting, number, and vegetative screening in the Township while recognizing federal and state statutes and regulation which impose certain limitations on the Township's ability to regulate the placement and construction of the towers and antennas.
(d) 
To avoid potential damage to adjacent properties from antenna support structure failure and falling ice or debris through engineering and proper siting of antenna support structures.
(e) 
To encourage the joint use of any new and existing antenna support structures to reduce the number of such structures needed in the future.
(f) 
To govern all towers and antennas except those less than 45 feet for private noncommercial use by the property owner.
(2) 
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(3) 
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
(4) 
Any applicant proposing construction of a new communications tower shall demonstrate that a good-faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good-faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply.
(a) 
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(b) 
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(c) 
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d) 
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(e) 
A commercially reasonable agreement could not be reached with the owners of such structure.
(5) 
The Planning Commission shall also be provided with a copy of the signed agreement for its knowledge and records. All adjacent parcel owners, regardless of municipality of the parcel, must be notified in writing at least two weeks prior to the special exception hearing.
B. 
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street.
C. 
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
D. 
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
E. 
The maximum height of any communications tower shall be 150 feet; provided, however, that such height may be increased to no more than 200 feet, provided the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet.
F. 
The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any residential use district at least 100 feet and shall be set back from any other property line (not lease line) at least 50 feet.
G. 
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
H. 
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
I. 
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current structural standards for steel antenna towers and antenna supporting structures. Communication facilities with support structures must be constructed to the Electronic Industries Association/ Telecommunications Industries Associations (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
J. 
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
K. 
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
L. 
The site of a communications tower shall be secured by a fence with a minimum height of eight feet to limit accessibility by the general public.
M. 
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
N. 
Communications towers shall be protected and maintained in accordance with the requirements of the Pennsylvania Construction Code Act.[1]
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
O. 
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.

§ 350-419 Conversion apartments.

Conversion apartments are permitted subject to the following criteria:
A. 
Only nonresidential buildings that were legally existing on the date this chapter is enacted may be converted to include additional dwelling units.
B. 
An approved means of sewage disposal and water supply shall be provided. Conversion apartments utilizing or proposing to utilize an on-lot sewage disposal system shall obtain a written statement from the Township Sewage Enforcement Officer certifying that the system is properly designed to accommodate the use without expansion of the system and there are no apparent signs of system failure.
C. 
No modifications to the external appearance of the building, except those required for safety.
D. 
All floors above grade shall have direct means of escape to ground level and be equipped with at least one operable fire detection device.
E. 
No permanent sign shall advertise the presence of the apartments; however, a temporary sign of no more than two square feet in size may be used to advertise rental of the unit(s).
F. 
No dwelling unit shall contain less than 800 square feet of habitable floor area and in no case shall any one building contain more than three separate dwelling units.
G. 
A minimum of two parking spaces per unit shall be provided.
H. 
Any proposed conversion must be confined to the interior of an already existing structural shell.
I. 
Two points of access shall be provided to enter and exit each dwelling unit.
J. 
Separate cooking and sanitary facilities shall be provided for each apartment unit.

§ 350-420 Dry cleaners, laundries and laundromats.

Dry cleaners, laundries and laundromats are permitted subject to the following criteria:
A. 
All activities shall be conducted within a completely enclosed building;
B. 
Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned/used property;
C. 
Self-service laundromats shall require one off-street parking space for each two washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area.

§ 350-421 Family day-care facilities.

Family day-care facilities are permitted within detached dwellings subject to the following criteria:
A. 
A family day-care facility shall offer care and supervision to no more than six different persons during any calendar day.
B. 
All family day-care facilities with enrollment of more than six minors shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Human Services.
C. 
An outdoor play area no less than 400 square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. A four-foot-high fence shall completely enclose the outdoor play area. Any vegetative materials located within the outdoor area shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade such as a tree(s) or pavilion.
D. 
Passenger dropoff and pickup areas shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.

§ 350-422 Farm occupations.

Farm occupations are permitted, subject to the following criteria:
A. 
For the purposes of this section, farm occupations may involve any one of a wide range of uses, so long as it remains secondary to and compatible with the active farm use.
B. 
No more than the equivalent of two full-time nonresidents shall be employed by the farm occupation, and at least one owner of the farm occupation must reside on the site.
C. 
Any new building constructed for use by the farm occupation shall be of a design so that it can be readily converted to agricultural use, or removed, if the farm occupation is discontinued.
D. 
No part of a farm occupation shall be located within 100 feet of any side or rear lot line.

§ 350-423 Farm-related businesses.

Farm-related businesses are permitted subject to the following criteria:
A. 
The applicant must provide evidence that the proposed use is important to local farming and is specifically sized to primarily serve local users. The majority of activities and services should be directed at meeting the needs of those engaged in local farming. The facility should be directed at providing materials and services needed to farm, rather than the distribution of goods produced on the farm. Some examples of farm-related businesses (if suitably sized) include, but need not be limited to:
(1) 
Sales or repair of agricultural equipment;
(2) 
Blacksmith shops;
(3) 
Butcher shops;
(4) 
Grain mills;
(5) 
Processing of locally produced agricultural products;
(6) 
Veterinary offices, which primarily treat farm animals, stables, kennels;
(7) 
Feed supply, fuel and fertilizer distributors;
(8) 
Composting and other farm waste storage facilities.
(9) 
The farm-related business shall occupy no more than five acres. The applicant shall show that the size of the site is the minimum needed to conduct the farm-related business;
(10) 
Sawmills.
B. 
All farm-related businesses shall front on at least one collector or arterial road.
(1) 
The length of any on-site access drive(s) shall be sufficient to allow the stacking of delivery and/or customer vehicles. Furthermore, any use that potentially involves the movement of vehicles through mud and/or manure shall provide a paved apron of at least 50 feet from the street right-of-way. In addition another fifty-foot gravel section shall be located just beyond the paved apron.
(2) 
Any outdoor storage of supplies, materials and products shall be screened from adjoining roads and properties. The display of farm equipment for sale shall be excluded from this provision.
(3) 
Signs shall comply with § 350-313 of this chapter.
(4) 
All grain storage facilities, conveying apparatuses, drying chambers and axial ventilation fans shall be set back a minimum of 100 feet from all property lines.

§ 350-424 Funeral homes.

Funeral homes are permitted, subject to the following standards:
A. 
Public sewer facilities shall be utilized.
B. 
Sufficient off-street parking shall be provided to prevent backups onto adjoining roads. The applicant shall describe what measure will be used to prevent backups (e.g., overflow parking, parking attendants, etc.).
C. 
All parking areas shall be set back at least 10 feet from adjoining lot lines, and no parking areas shall be permitted within the front yard.
D. 
All funeral homes shall comply with all applicable state and federal standards and regulations.

§ 350-425 Golf courses.

Golf courses including accessory uses (e.g., clubhouse, parking lots, storage sheds, pro shop, snack bar, restaurant, game room, offices, child-care room, swimming pools, etc.) shall be permitted subject to the following criteria:
A. 
The minimum lot area shall be not less than 45 acres for a par three, eighteen-hole course; 60 acres for a nine-hole or executive golf course; 100 acres for a regulation eighteen-hole course.
B. 
The course shall be designed so that golf balls will not be driven over or across any building, building lot, road, access drive, driveway or parking lot. In addition, the golf course design shall minimize the cart path crossing of streets.
C. 
Any points where the golf course crosses a road(s) shall be signed warning motorists and pedestrians, and any private road shall contain speed bumps in accordance with § 350-310P of this chapter.
D. 
Minimum setback requirements for fairways, greens and buildings:
(1) 
Fairways and greens shall be set back a minimum of 150 feet from any residential structures or residential lots.
(2) 
For undeveloped residential lots abutting the golf course, the 150-foot setback shall be measured from the setback line of the abutting property, street, and/or right-of-way line.
(3) 
All golf course buildings and structures shall be set back 250 feet from any exterior lot line.
E. 
No outdoor storage of golf carts or maintenance equipment shall be permitted.
F. 
Practice putting greens and driving range may be included without outdoor lighting.
G. 
All waste receptacles and off-street parking and/or loading areas shall be screened from adjoining or nearby properties and from adjoining streets.
H. 
All off-street parking requirements for the principal and accessory uses shall be in accordance with § 350-310 of this chapter.
I. 
The developer and/or owner(s) shall supply a certification from a licensed engineer and hydrologist that the golf course will provide adequate sewer, water, and stormwater management facilities.

§ 350-426 Health and fitness clubs.

Health and fitness clubs are permitted subject to the following criteria:
A. 
Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses.
B. 
Any accessory eating, or retail use, must be accessed only through the main clubhouse building.
C. 
All lighting of outdoor recreation areas shall be arranged to prevent glare on adjoining properties and streets.

§ 350-427 Home business.

The following regulations shall apply to those home businesses which would have a greater impact on the surrounding community than no-impact home-based businesses.
A. 
Any home office use shall include uses such as:
(1) 
Small appliance repair.
(2) 
Barber or hairdresser.
(3) 
Dentist.
(4) 
Dressmaker or tailor.
(5) 
Drafting and graphic services.
(6) 
Gardening, landscape maintenance.
(7) 
House-cleaning service.
(8) 
Locksmith.
(9) 
Physician.
(10) 
Tutoring or private music or art instructions of students.
(11) 
Catering (state licensing).
B. 
The home business must be conducted completely within the dwelling unit or an accessory structure. There shall be no exterior storage of materials, equipment, vehicles, or other supplies to be used in conjunction with a home business.
C. 
Not more than 35% of the habitable floor area of the dwelling unit, excluding attached accessory structures, shall be utilized for all home business. Attached structures, including garages and/or detached accessory structures, may be used for the home business.
D. 
The home business shall not cause any external impact such as increased noise, excessive lighting (see § 350-314), or offensive odor.
E. 
The home business is to be conducted only by members of the family residing in the dwelling unit plus no more than two nonresident assistants or employees.
F. 
Sign(s) advertising a home business shall comply with § 350-313 of this chapter.
G. 
A home business shall provide all necessary off-street parking associated with the home business not to exceed four spaces (see § 350-310).
H. 
Articles sold or offered for sale shall be limited to those produced on the premises, sold as part of a home party sales operation, or for a licensed distributorship conducted by the resident.
I. 
There shall be no exterior indications of the home occupation or variation of the residential character of all buildings.
J. 
Delivery and pickup of materials or commodities to and from the premises by a commercial vehicle shall not exceed two trips per week and the deliveries shall not restrict traffic circulation.

§ 350-428 Home improvement and building supply stores.

Home improvement and building supply stores are permitted, subject to the following criteria:
A. 
All outdoor storage and display areas (exclusive of nursery and garden stock) shall be screened from residential properties.
B. 
If the subject property contains more than two acres, it shall front along a major arterial, arterial or collector road, as identified in the Liberty Township Comprehensive Plan, as amended.

§ 350-429 Hospitals.

[Amended 5-4-2016 by Ord. No. 2016-01]
A. 
Minimum lot area is five acres.
B. 
The subject property shall have frontage along an arterial or collector road.
C. 
Adequate provision shall be made for a system of roads sufficient to accommodate predictable vehicular traffic and to ensure safe and efficient vehicular access for emergency management equipment.
D. 
Emergency entrances shall be located on a building wall which faces away from adjoining residentially zoned properties or separated by at least 300 feet from residentially zoned properties.
E. 
The applicant shall submit a traffic study.
F. 
Alternative or public sewer, and public water utilities shall be utilized.
G. 
Adequate provision shall be made for the collection, disposal and recycling of garbage, trash and medical and hazardous waste.
H. 
Where more than one of the following uses are proposed, either at one time or separately over time, integrated site function and design shall be required consistent with the creation of a campus-like environment.
(1) 
Hospitals and hospices.
(2) 
Intermediate care and skilled nursing facilities.
(3) 
Medical and dental offices.
(4) 
Outpatient health services, including, but not limited to, laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers, and outpatient clinics and patient care facilities.
(5) 
Health and fitness clubs.
(6) 
Commercial day-care facilities.
(7) 
Commercial schools with exclusively health-care-related curricula to prepare enrolled students for careers in health care, nursing schools, and other allied health technology training programs.
(8) 
Accessory buildings, uses and services customarily incidental to the above uses, including, but not limited to, the following:
(a) 
Administrative offices.
(b) 
Public uses and essential services (e.g., private central utility plant, electrical switching facility, steam generation facility, heating facility, ventilation facility, and oxygen facility).
(c) 
Automobile parking lots and parking garages.
(d) 
Housing for students, employees and their families in accordance with the standards of the residential district.
(e) 
Lodging facilities for patients and their families.
(f) 
Retail sales of medical/health-care-related supplies (e.g., durable medical equipment, prosthetics, pharmaceutical supplies) and retail sales/service for the convenience of employees, patients, and visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty salons, automatic teller banking, restaurants). All retail sales and services shall be located within buildings in which other permitted uses are located. Retail sales and services may not exceed 5% of the floor area of existing buildings within the zone.
(g) 
Helistop.
(h) 
Incinerators and autoclaves.
I. 
Specific requirements for selected accessory uses.
(1) 
The helistop shall only be used for emergency transport by helicopter of patients. The helistop shall not include auxiliary facilities, such as fueling and maintenance equipment. The helistop shall be set back a minimum of 300 feet from any adjoining property and any street. The applicant must demonstrate compliance, through a written statement, and continue to comply with applicable state and federal standards.
(2) 
For incinerators and autoclaves, only the processing of waste generated on site is permitted. All processing and storage of waste shall be conducted within a completely enclosed building. All storage of waste shall be in a manner that is leakproof and vector-proof. No storage of waste shall exceed seven days in length. The incinerator shall be set back at least a distance equal to its height from all lot lines. The applicant must demonstrate compliance, through a written statement, and continue to comply with all applicable state and federal standards and regulations.
J. 
The maximum permitted height is 60 feet for hospitals, provided all structures are set back a horizontal distance equal to their height from each property line and street right-of-way line; 35 feet for all other uses.

§ 350-430 Industrial and commercial uses.

Any industrial and commercial uses which are special exception and conditional uses are subject to the applicant providing a detailed description of the proposed use in each of the following topics:
A. 
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. 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.
B. 
The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.
C. 
Any environmental impacts that are likely to be generated (e.g., 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 ordinances.
D. 
Where deemed necessary by the decisionmaking body, a traffic study prepared by a professional traffic engineer in accordance requirements of the decisionmaking body.
E. 
Bufferyards and screening shall be provided to protect neighboring properties in accordance with § 350-312, herein, and Chapter 275, Subdivision and Land Development, of the Code of the Township of Liberty.

§ 350-431 Junkyards.

Junkyards are permitted subject to the requirements established in Chapter 172, Junkyards.

§ 350-432 Kennels.

Kennels are permitted uses, subject to the following criteria:
A. 
All kennels shall be licensed by the Commonwealth of Pennsylvania and shall be constructed and maintained in accordance with the Pennsylvania Code Title 7, Part II, Chapter 21, entitled "General Provisions; Kennels; Licensure; Dog-Caused Damages," as amended.
B. 
All buildings in which animals are housed shall be located at least 200 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot line.
C. 
The following requirements shall be met for outdoor runs, pens or stalls.
(1) 
No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
(2) 
All outdoor facilities shall be placed in the rear yard.
(3) 
Outdoor facilities shall be set back 100 feet from all property lines.
D. 
Animals wastes regularly shall be cleaned up and properly disposed to avoid air pollution of surrounding properties.

§ 350-433 Mini warehouses.

Mini warehouses are permitted, subject to the following criteria:
A. 
Off-street parking spaces shall be provided for mini warehouses according to the schedule listed in § 350-310 of this chapter.
B. 
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only and at least 30 feet wide when cubicles open onto both sides of the lane.
C. 
Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially used land and adjoining roads, and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles.
D. 
All other storage shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
E. 
No more than 60% of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces.
F. 
Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover, and other flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture is prohibited.
G. 
Mini warehouses shall be used solely for the storage of property. The following lists examples of uses expressly prohibited upon the site:
(1) 
Auctions, commercial wholesale or retail sales, or garage sales.
(2) 
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
(3) 
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
(4) 
The establishment of a transfer and storage business.
(5) 
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

§ 350-434 Mobile home parks.

Mobile home parks are permitted subject to the requirements established in Chapter 275, Subdivision and Land Development, of the Code of the Township of Liberty.

§ 350-435 No-impact home-based business.

[Amended 12-4-2018 by Ord. No. 2018-02]
No-impact home-based businesses as defined in § 350-112 of Article I of this chapter shall be permitted in all residential zones in accordance with the following requirements:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
I. 
The business shall employ no employees other than family members residing in the dwelling.
J. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
K. 
There shall be no outside appearance of a business use, including, but not limited to parking, signs or lights.
L. 
The business activity may not use any equipment or process, which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
M. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
N. 
The business activity shall be conducted only within the dwelling and may not occupy more the 25% of the habitable floor area.

§ 350-436 Nightclubs.

Nightclubs are subject to the following criteria:
A. 
Nightclubs are permitted by special exception in the Commercial Industrial Zone. No nightclub property line shall be located within 200 feet of any other zone.
B. 
The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the building.
C. 
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
D. 
All off-street parking and/or loading areas shall be screened from adjoining residences and roads.

§ 350-437 Nursing, rest or retirement homes, including continuing care retirement communities, long-term nursing and personal care centers.

A. 
The following uses shall be permitted as principal uses within the continuing care retirement community.
(1) 
Long-term care nursing centers.
(2) 
Personal care centers.
(3) 
Single-family detached dwellings.
(4) 
Public park, recreational areas and greenways.
(5) 
Public libraries and community activity buildings.
(6) 
Recreation areas and structures operated for the benefit or use of the community.
(7) 
Churches and similar places of religious worship in accordance with § 350-414.
B. 
The following uses shall be permitted as accessory uses in the continuing care retirement community, long-term care nursing centers, and personal care centers for the exclusive use of residents and their guests.
(1) 
Accessory service uses.
(a) 
Dispensaries.
(b) 
Medical facilities.
(c) 
Common dining facilities.
(d) 
Group recreation facilities.
(2) 
Accessory commercial uses.
(a) 
Adult and child day care.
(b) 
Banks and financial institutions.
(c) 
Florists, stationery and gift stores.
(d) 
Food and beverage stores.
(e) 
Personal care services.
(3) 
Each accessory use shall be located in a building occupied by residential uses or in a community activities building.
(a) 
Each accessory commercial use shall not exceed 2,500 square feet of net floor area (for accessory commercial uses net floor area as defined herein shall also exclude food preparation areas and lavatories).
(b) 
The total area reserved of commercial accessory uses shall not exceed 4% of the total land area including buildings, sidewalks, open space, access drives and parking, and no more than 23,000 square feet, whichever is less.
(c) 
Parking for accessory commercial uses shall be provided at five parking spaces per net floor area as defined for accessory commercial uses.
C. 
The continuing care retirement community, long-term nursing care center and personal care center shall meet the following area, density, coverage and yard requirements:
(1) 
Minimum development area shall be 10 acres.
(2) 
Maximum density for residential units shall be the density of the underlying zone.
(3) 
Maximum impervious lot coverage shall be 50%.
(4) 
Minimum vegetative coverage shall be 50%.
(5) 
Yards shall meet the following minimum setback requirements:
(a) 
Front yard: 50 feet.
(b) 
Side yards: 40 feet.
(c) 
Rear yard: 50 feet.
(6) 
More than one building on a single lot shall meet the following minimum interior yard spacing requirements:
(a) 
Front to front: 70 feet.
(b) 
Front to side: 50 feet.
(c) 
Front to rear: 70 feet.
(d) 
Side to rear: 30 feet.
(e) 
Side to side: 15 feet.
(f) 
Rear to rear: 50 feet.
(g) 
Corner to corner: 20 feet.
(7) 
The minimal habitable floor area for residential units shall be in accordance with Article III herein. For those facilities regulated by Pennsylvania statute, the commonwealth rules and regulations shall take precedence over Township regulations.
D. 
Staging of development. When the continuing care retirement community, long-term nursing care center or personal care center is to be developed in stages, the following criteria must be met:
(1) 
The land development plan presented to the Township must show the approximate location and type of use for each stage of the development.
(2) 
The percentage of nonresidential development of each stage shall not exceed the percentage of residential development represented on the staging plan.
E. 
Public water and public sewer shall be required.
F. 
A landscaping plan for the entire tract shall be required. All areas of the development not covered by impervious surfaces shall be landscaped and maintained with suitable ground cover and plants.
(1) 
The plan shall indicate the extent in which existing vegetation will be preserved for landscaping purposes.
(2) 
Landscaped areas shall be continually maintained by the landowner or retirement community association. Care, grooming, and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.
(3) 
In addition to landscape elements the plan shall include the layout of walkways, lighting, and recreation areas throughout the development for the safety and security of the residents.
G. 
The continuing care retirement community, long-term nursing care center and personal care center shall provide proof that all applicable state, county and Township licenses have been obtained.

§ 350-438 Outdoor trap, skeet, archery or pistol range.

In zones where such facilities are permitted, the following criteria shall apply:
A. 
Minimum lot area: five acres.
B. 
Minimum lot width: 300 feet.
C. 
Adjacent areas must be predominantly undeveloped and the range area must be at least 200 feet from any property or street right-of-way line. The use must also be located at least 1,000 feet from any existing residential dwelling.
D. 
An earthen background berm must be provided within 20 feet of the farthest target post to prevent wild or ricocheting bullets or wild or stray arrows. The berm shall meet the following requirements:
(1) 
The berm shall have a slope of not less than one vertical to two horizontal and must extend at least eight feet above the ground level of the highest target.
(2) 
The crest of the berm at the eight-foot minimum height limit shall be at least four feet in width as measured between the wall of the berm facing the range and the opposite wall.
(3) 
Earthen side berms must be provided immediately adjacent to the range and shall extend from the firing line to the background berm.
(4) 
The side berms shall meet the same design qualifications as set forth for background berms above.
E. 
Only targets mounted on target posts shall be permitted. No targets of any kind shall be set directly on the ground.
F. 
Warning signs must be posted at least 10 feet from the outside of the berms.
G. 
The firing range shall be free of gravel and other hard surface materials and be adequately drained.
H. 
Adult supervision must be provided for children under 16 years of age.

§ 350-439 Public uses.

Public uses (as defined herein) are permitted by special exception upon demonstration that the proposed use at its proposed location is necessary for the public health, or safety, or welfare. Furthermore, the applicant shall show that the proposed use either is not located on prime agricultural soils or cannot be located elsewhere on nonprime soils without jeopardizing the use's utility and/or effectiveness.

§ 350-440 Quarries, mineral recovery and other extractive-related uses.

A. 
Quarries and other extractive-related uses are subject to the requirements of the Pennsylvania Noncoal Surface Mining Conservation and Reclamation Act.[1] Applications shall show evidence that these requirements are being met through submission of approval letters from state and federal regulatory agencies.
[1]
Editor's Note: See 52 P.S. § 3301 et seq.
B. 
Site plan requirements.
(1) 
As a part of each application, the applicant shall furnish an accurately surveyed site plan on a scale no less than 1:2400, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:
(a) 
The boundaries of the proposed land affected, together with the drainage area above and below the area.
(b) 
The location and names of all streams, roads, railroads and utility lines on or immediately adjacent to the area.
(c) 
The location of all buildings within 1,000 of the outer perimeter of the area affected and the names and addresses of the owners and present occupants.
(d) 
The purpose for which each building is used.
(e) 
The name of the owner of the affected area and the names of adjacent landowners, the municipality and the county.
(2) 
Setbacks. The following table identifies minimum setbacks imposed upon specific features of the quarry and other extractive-related uses from adjoining and/or nearby uses:
Quarry, Related Features
Existing Residence
(feet)
Existing Nonresidential Building
(feet)
Residential Zone
(feet)
Adjoining Road
(feet)
Public/Nonprofit Park
(feet)
Cemetery or Stream Bank
(feet)
Adjoining Property
(feet)
Stockpiles or soil pipes
300
300
1,000
100
300
100
100
Mineral processing equipment, (e.g., crushers, sorters, conveyors)
300
300
1,000
100
300
100
100
Quarry pit
300
300
1,000
100
300
100
100
On-site access roads and off-street parking, loading and vehicle storage
300
300
500
100
300
100
100
Other operational equipment, structures
300
300
500
100
300
100
100
(3) 
Access. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with major arterial, arterial or collector road, as identified in the Liberty Township Comprehensive Plan, as amended.
(a) 
All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the street surface.
Speed Limitation Public Street
(mph)
Required Sight Distance
(feet)
25
240
30
275
35
315
40
350
45
425
50
475
55
550
(b) 
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive should be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
(c) 
In general, access drives shall intersect public streets at 90° as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.
(4) 
Traffic impact. The applicant shall furnish a traffic study prepared by a professional traffic engineer with the following minimum considerations:
(a) 
A description of the traffic impact area (TIA) including its major roads and potential traffic generation rates to be determined by current land use planning references;
(b) 
Existing twenty-four-hour and peak hour traffic volume data for all streets which provide direct access to the proposed development and for the collectors and arterials which will serve it, as well as any major intersection within the impact area;
(c) 
Estimates of the total number of vehicle trips to be generated by the development for a typical twenty-four-hour period, and including typical a.m. and p.m. peak periods;
(d) 
Assignment of future twenty-four-hour and peak hour volumes to the collectors and arterials, and other streets that will serve the proposed use based on the projections of increased traffic volumes within the traffic impact area, to be determined by an extrapolation of former development trends; and the amounts of usable area already planned and/or zoned within the traffic impact area. Any previously approved projects within the TIA that have not yet been occupied should also be factored in these future traffic volume projections;
(e) 
Projected twenty-four-hour and peak hour turning movement data for all access points for the proposed use;
(f) 
Capacity/level of service analysis on major intersections which will be impacted by the additional volumes generated by the proposed use.

§ 350-441 Recycling collection stations for paper, glass and metal products.

Recycling of paper, glass and metal products is permitted, subject to the following criteria:
A. 
Minimum lot area: five acres.
B. 
All operations, including collection, shall be conducted within a wholly enclosed building. There shall be no outdoor storage of materials used or generated by the operation.
C. 
The applicant shall explain the scope of operation and any measures used to mitigate problems associated with noise, fumes, effluents, dust and litter.
D. 
The applicant will demonstrate a working plan for the regular maintenance of the site to assure the immediate collection of stray debris.

§ 350-442 Restaurants and taverns.

Restaurants and taverns are permitted, subject to the following:
A. 
The applicant shall furnish evidence of an approved means of water supply and sewage disposal.
B. 
All off-street parking and/or loading areas shall be screened from adjoining residences and roads.
C. 
Sign use shall conform to § 350-313.
D. 
All restaurant seating shall be provided within the completely enclosed building, except that limited exterior seating may be provided if:
(1) 
Such seating is situated and designed so as not to adversely impact nearby residences;
(2) 
Such seating is accessory to the principal interior seating accommodations;
(3) 
During use, such seating is continuously supervised by an employee or owner of the restaurant;
(4) 
Any lighting or music systems serving such seating is designed and operated so as not to constitute a nuisance to adjoining properties;
(5) 
The applicant shall furnish and implement a working plan for the continuous cleanup of litter and debris that may result from such outdoor seating.

§ 350-443 Retail and wholesale sales of nursery and garden stock.

Retail and wholesale sales of nursery and garden materials are permitted:
A. 
All greenhouses and nurseries shall have vehicular access to a major arterial, arterial or collector road, as identified in the Liberty Township Comprehensive Plan, as amended.
B. 
All outdoor display areas shall be set back at least 25 feet from the street right-of-way line. All structures, parking lots, off-street loading and outdoor sales areas shall be set back at least 100 feet from any side or rear lot lines.
C. 
All improvements (including parking and loading facilities) shall be screened from adjoining residentially used properties.

§ 350-444 Riding stables.

Riding stables are permitted under the following provisions:
A. 
Minimum lot area: 10 acres.
B. 
Any structure used for the boarding of horses shall be set back at least 200 feet from any property line.
C. 
All stables shall be maintained so to minimize odors perceptible at the property line.
D. 
All outdoor training, show, riding, boarding, or pasture areas shall be enclosed by a minimum four-foot-high fence, which is located at least 25 feet from all property lines.
E. 
All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines.

§ 350-445 Roadside stands.

Roadsides stands shall be permitted in accordance with the following standards:
A. 
Display structures shall be less than 250 square feet in size and be located at least 50 feet from any side or rear property line; or as required by the underlying zone, whichever is greater.
B. 
The structure shall be set back at least 50 feet from the street right-of-way.
C. 
Off-street parking shall be provided for all employees and customers.
D. 
Signs shall be attached to the structure and shall not exceed four square feet in area.

§ 350-446 Schools.

Schools are permitted, subject to the following criteria:
A. 
All buildings shall be set back at least 100 feet from any adjoining land within a residential zoned/use;
B. 
No part of a school property shall be located within 1,000 feet of a property containing an adult-related facility (as defined herein), nor 300 feet of a property containing an automobile filling station;
C. 
If education is offered below the college level, an outdoor play area shall be provided at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence and screened from adjoining residentially used properties or zones. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s);
D. 
Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period;
E. 
Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

§ 350-447 Solid waste disposal facilities.

The applicant shall show evidence of compliance with all applicable state and federal standards and regulations.

§ 350-448 Temporary farm employee housing.

Temporary farm employee housing shall be permitted, subject to the following criteria:
A. 
For each farm, two dwellings are permitted for the use of farm workers (and their families), who are employed by the owner of the farm, for such time as the employee works the land of the owner. Each dwelling shall require approved building and waste disposal permits;
B. 
If mobile homes are utilized, they shall be securely anchored;
C. 
The mobile home shall be occupied at least 30 days a year by at least one person who is employed on the farm where the mobile home is located. If this condition is not satisfied, the mobile home shall be removed within 120 days.

§ 350-449 Truck or motor freight terminals.

Truck or motor freight terminals are permitted, subject to the following criteria:
A. 
Access shall be via a major arterial road, as identified in the Liberty Township Comprehensive Plan, as amended. The applicant shall provide a traffic study prepared by a professional traffic engineer with the following minimum considerations:
(1) 
A description of the traffic impact area (TIA) including its major roads and potential traffic generation rates to be determined by current land use planning references.
(2) 
Existing twenty-four-hour and peak hour traffic volume data for all streets which provide direct access to the proposed development and for the collectors and arterials which will serve it, as well as any major intersection within the impact area.
(3) 
Estimates of the total number of vehicle trips to be generated by the development for a typical twenty-four-hour period and including typical a.m. and p.m. peak periods.
(4) 
Assignment of future twenty-four-hour and peak hour volumes to the collectors and arterials, and other streets that will serve the proposed development based on the projections of increased traffic volumes within the traffic impact area, to be determined by an extrapolation of former development trends; and the amounts of usable area already planned and/or zoned within the traffic impact area. Any previously approved projects within the TIA that have not yet been occupied should also be factored in these future traffic volume projections.
(5) 
Projected twenty-four-hour and peak hour turning movement data for all access points proposed for the development.
(6) 
Capacity/level of service analysis on major intersections which will be impacted by the additional volumes generated by the development.
(7) 
Recent data about existing accident levels at the above intersections categorized by accident type for each intersection.
(8) 
Descriptions of the street improvements that will be required in order to avoid problems of traffic congestion and traffic safety.
(9) 
Cost estimates of any proposed improvements that will be required.
(10) 
Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed development on the transportation network.
(11) 
The source of standards used in the data as presented.
(12) 
The applicant, at their expense, shall make any improvements necessary to maintain an adequate level of service on all abutting intersections and streets.

§ 350-450 Warehousing and wholesale trade establishments.

Warehousing and wholesale trade establishments having a gross floor area of 25,000 square feet or less are permitted, subject to the following criteria:
A. 
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(1) 
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.
(2) 
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, and an overall needed site size.
(3) 
Any environmental impacts that are likely to be generated (e.g., 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 ordinances.
(4) 
A traffic study prepared by a professional traffic engineer with the following minimum considerations:
(a) 
A description of the traffic impact area (TIA) including its major roads and potential traffic generation rates to be determined by current references.
B. 
Existing twenty-four-hour and peak hour traffic volume data for all streets which provide direct access to the proposed development and for the collectors and arterials which will serve it, as well as any major intersection within the impact area.
C. 
Estimates of the total number of vehicle trips to be generated by the development for a typical twenty-four-hour period and including typical am. and p.m. peak periods.
D. 
Assignment of future twenty-four-hour and peak hour volumes to the collectors and arterials, and other streets that will serve the proposed development based on the projections of increased traffic volumes within the traffic impact area, to be determined by: an extrapolation of former development trends; and the amounts of usable area already planned and/or zoned within the traffic impact area. Any previously approved projects within the TIA that have not yet been occupied should also be factored in these future traffic volume projections.
E. 
Projected twenty-four-hour and peak hour turning movement data for all access points proposed for the development.
F. 
Capacity/level of service analysis on major intersections which will be impacted by the additional volumes generated by the development.
G. 
Recent data about existing accident levels at the above intersections categorized by accident type for each intersection.
H. 
Descriptions of the street improvements that will be required in order to avoid problems of traffic congestion and traffic safety.
I. 
Cost estimates of any proposed improvements that will be required.
J. 
Descriptions of existing and planned public transportation services in the Township and the potential to serve the proposed development.
K. 
Descriptions of any actions proposed or offered by the applicant to alleviate the impact of the proposed development on the transportation network.
L. 
The source of standards used in the data as presented.
M. 
The applicant, at their expense, shall make any improvements necessary to maintain an adequate level of service on all abutting intersections and streets.

§ 350-451 Age-restricted residential developments.

[Added 5-4-2016 by Ord. No. 2016-01]
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
AGE-RESTRICTED HOUSING
A development of land consisting of multiple structures constructed expressly for use and residency by persons who have achieved the minimum age requirement for residency of 55 years or older.
B. 
Purpose. The purpose of an age-restricted housing development is to encourage the development of affordable and market-rate housing for individuals age 55 and over, by allowing the greater variety of building types at a higher density than would normally be allowed; by allowing greater flexibility in site planning so as to promote the sound development of land which reduces the residents' burdens of property maintenance and which reducing demands on municipal services; and to promote flexibility in land use planning in order to improve site layouts, protect natural features and environmental values and utilize land in harmony with neighboring properties.
C. 
Age-restricted housing objectives. The Township must review the following performance standards requiring that the proposed use, buildings, and structures for an age-restricted housing development will:
(1) 
Be compatible with adjacent land uses and with the single-family residential character of the neighborhood in which it is located.
(2) 
Constitute no nuisance to abutting land and natural resources by reason of air, water or noise pollution.
(3) 
Provide safe and convenient access to the site from existing or proposed roads.
(4) 
The site shall be located a minimum 150 feet from an existing roadway.
(5) 
A community water and wastewater system is required.
(6) 
Provide for visual and noise buffering of the development to minimize impact to abutting properties.
(7) 
Provide for the long-term preservation and maintenance of open space and recreation areas.
(8) 
Provide for long-term maintenance of the stormwater management system.
(9) 
Be occupied by:
(a) 
Persons who are 55 years of age or older, hereinafter referred to as "occupant";
(b) 
A spouse, or significant other, under 55 years of age, of an occupant may reside in the occupant's unit, hereinafter referred to as "spouse";
(c) 
A spouse who survives the occupant;
(d) 
A spouse where the occupant has entered into a long-term care facility;
(e) 
A mentally or physically handicapped child, brother or sister of an occupant or spouse who is dependent upon said occupant or spouse for daily care;
(f) 
A paid caregiver providing medical or health care to an occupant or spouse.
(10) 
Be in harmony with the general purpose and intent of this section.
(11) 
Keep annual reports of all residents of the development including said resident's (persons residing in each unit as of the first of the year) name, address, and age. The Township has the right to request such annual report as deemed necessary by the Board of Supervisors of Liberty Township.
(12) 
The following dimensional, height and density standards shall be applied to all age-restricted housing developments:
(a) 
Minimum frontage: 100 feet.
(b) 
Minimum lot area: five acres.
(c) 
Maximum lot area: 20 acres.
(d) 
Minimum yard setbacks (from property line):
[1] 
Front: 100 feet.
[2] 
Side: 45 feet.
[3] 
Rear: 45 feet.
(e) 
Minimum structural setback from paved edge of access road:
[1] 
Front: minimum 10 feet; maximum 20 feet.
[2] 
Side: 10 feet.
[3] 
Rear: 20 feet.
(f) 
Maximum building height: two-story/35 feet.
(g) 
Maximum building coverage: 20%.
(h) 
Minimum landscape buffer: 20 feet.
(i) 
Minimum open space requirement: 25%.
(j) 
Maximum density: four units/acre within the development area.
D. 
Building and design standards. In order to achieve a development that reflects the residential character of the age-restricted neighborhood in which it is located, the following minimum building and design standards shall be applied to all structures constructed.
(1) 
There shall be no more than four dwelling units per structure.
(2) 
No dwelling unit shall contain more than two bedrooms.
(3) 
The front facade of all structures shall be oriented toward the access road serving the premises and not toward any parking lot or abutting property.
(4) 
All structures, principal or accessory, shall have a gabled roofline, articulated footprint and may have varied facades.
(5) 
No structure shall be greater than 10,000 square feet in gross floor area. Gross floor area shall include attached garages but shall not include basements.
(6) 
A minimum of 25 feet separation between buildings shall be provided which shall be landscaped.
(7) 
Principal structures that abut an access road must provide a six-foot landscaped buffer along the front and rear yards specifically planted at the edge of access roads.
(8) 
Garages, if provided, shall be attached to and made an integral part of the principal structure.
(9) 
Accessory structures shall comply with all setback requirements and shall be designed with architectural detailing of similar nature to the principal buildings located thereon.
(10) 
Access roads, pedestrian/biking facilities and all infrastructure and utilities shall be designed and constructed in accordance with Chapter 275, Subdivision and Land Development, as amended.
(11) 
All lighting fixtures shall be integrated into the architectural style of the development. All exterior structural and site lighting (not including access road lighting) shall be retained on site and shall not create a nuisance to abutting properties and streets. All exterior light sources shall be appropriately shielded from off-premises viewing. Access road lighting shall be designed to prevent nuisance to abutting properties by reason of light and glare.
(12) 
One sign, no greater than 16 square feet in size and six feet in height, shall be allowed at the intersection of the project's access road with the abutting public way. Signage may be illuminated with projected lighting, but it shall not be backlit or internally illuminated.
(13) 
All stormwater shall be managed on site. Passive stormwater techniques are preferred and should be integrated as part of the landscaping plan for the site.
(14) 
All structures located within an age-restricted housing development shall be accessed by new private access roads.
(15) 
All access roads shall be designed, constructed, and approved in accordance with Chapter 275, Subdivision and Land Development, of the Code of the Township of Liberty.
(16) 
Parking.
(a) 
A minimum of two off-street parking spaces shall be provided per unit.
(b) 
A minimum of two parking spaces shall be provided for any delivery vehicles visiting accessory or ancillary use buildings located within the development.
(c) 
Shall not be located within setback yards. However, a dwelling unit's driveway is considered an acceptable place to park.
(d) 
No parking lots or access drives shall be located within the minimum twenty-five-foot separation area between structures.
(e) 
All parking lots shall be located to the rear of any structure.
(f) 
All parking lots shall be screened from abutting access roads, properties and streets through the use of landscaped berms and evergreen shrubs and trees a minimum of four feet in height and five feet in width.
(17) 
Landscape buffers, open space and natural resources.
(a) 
A minimum of a twenty-foot landscaped buffer shall be provided along the entire perimeter of the age-restricted housing development.
(b) 
Common open space shall consist of large, single contiguous area of open space, which shall retain those natural features of the site most worthy of preservation in their natural state, and which connect with any existing or potential conservation or open space areas on adjacent parcels. Not more than 25% of the common open space shall consist of wetlands. A maintenance plan shall be implemented to ensure the long-term protection of the open space.
(c) 
All significant features, including trees of over 12 inches diameter breast height, identified heritage features, watercourses, 100-year floodplains, wetlands, ponds, other water bodies, marches, stone walls, scenic points, and historic sites shall be preserved.

§ 350-452 Cemeteries.

[Added 5-4-2016 by Ord. No. 2016-01]
A. 
Permitted uses.
(1) 
Cemeteries.
(2) 
Mausoleums.
(3) 
Crematories.
(4) 
Caretaker residence.
(5) 
Chapels.
(6) 
Columbariums.
B. 
Area and bulk regulations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions:
(1) 
The minimum size of a cemetery shall be five acres.
(2) 
The minimum front, side and rear yards shall be 100 feet.
(3) 
The maximum lot coverage (building, driveways, parking areas and other paved surfaces) shall be 10%.
C. 
Parking requirements.
(1) 
Places of assembly: one space per 200 square feet of floor space or one space per every five seats, whichever is greater.
(2) 
Caretaker residence: two spaces.
(3) 
Employees: one space per full-time and part-time employees.
D. 
Supplemental regulations:
(1) 
Landscaping shall be required.
(2) 
An ornamental or densely planted buffer strip shall be required where the lot abuts an existing residential use or Residential (R) or Open Space (O) Zoning Districts.
(3) 
No parking area shall be located within the required front, side or rear yards.

§ 350-453 General stores.

[Added 5-4-2016 by Ord. No. 2016-01]
A. 
Minimum width at the building setback line shall be 250 feet.
B. 
A bufferyard/screen planting of no less than 10 feet in depth shall be maintained along all property lines abutting a residential use.
C. 
The general store's outside appearance should conform to the general appearance of the surrounding neighborhood in which it is located.
D. 
Access drives must be located as follows:
(1) 
Minimum offset from intersection of street right-of-way lines: 40 feet.
(2) 
Side lot line offset: 10 feet.
(3) 
Minimum width: 12 feet.
(4) 
Maximum width: 35 feet.
(5) 
Minimum separation of drives on same lot: 25 feet.
E. 
Trash receptacles. Outside trash receptacles and dumpsters are required.
F. 
Outside storage. Outside storage is permitted within accessory structures. All other types of outside storage is prohibited. Garbage dumpsters are permitted.
G. 
Other requirements. Compliance with all other requirements of this chapter that is applicable to the nature and design of the use.
H. 
Outdoor display. Outdoor display of merchandise is prohibited.
I. 
The size of the area for customer use is limited to 1,000 square feet.

§ 350-454 Townhouses.

[Added 5-4-2016 by Ord. No. 2016-01]
A. 
A maximum of five townhouses dwelling units shall be attached in any way.
B. 
Gross density shall not exceed six dwelling units per acre for townhouse developments.
C. 
No building shall exceed 120 feet in length.
D. 
Two off-street parking spaces shall be provided to the rear of each townhouse unit. An access drive having a minimum width of 20 feet shall provide access to the parking area. The access drive shall be constructed in accordance with Township standards. The access drive shall be maintained by a homeowners' association, consisting of all lot owners whose property abuts said drive.
E. 
Two off-street parking spaces shall be provided to the rear for each dwelling unit. In addition, for every two dwelling units of this type proposed, there shall be provided one additional off-street parking space to the rear. No off-street parking shall be permitted in front or sides of the apartment units. All parking areas must be 20 feet from the structure.
F. 
All units shall be served by public water and public sewer service.
G. 
Recreation area. A minimum of 10% of the total lot area of the project shall be dedicated by deed restriction and reserved for recreation use of the residents. This recreation area shall include a suitable open grass area of less than 6% finished slope that is a rectangle of a minimum size of 75 feet by 200 feet if more than 50 dwelling units are provided and if the project is not restricted to heads of households over age 55. The recreation area shall be suitably landscaped and shall not include stormwater detention basins, unless the applicant proves to the clear satisfaction of the Board of Supervisors that such area would be suitable for recreation. This required recreation area shall be in place of any recreation area that may be required under Chapter 275, Subdivision and Land Development.
H. 
If the use will involve maintenance of streets, open space or other common improvements by a condominium or homeowner association, then such proposed condominium or homeowner agreement shall be reviewed by the Township Solicitor and the Board of Supervisors and be found to be acceptable by the Supervisors in regards to there being an adequate legally binding system to assure such maintenance. This review and approval of such agreement shall occur to the Township granting any building permits for such project.

§ 350-455 Wind energy conversion systems (nonpublic).

[Added 5-4-2016 by Ord. No. 2016-01]
A. 
One windmill or wind wheel shall be permitted per property.
B. 
The structure supporting the wind rotor unit, including any required supporting cables, etc., shall not be connected to any occupied structure and shall be located a minimum distance of the wind rotor unit tower height, plus 10 feet, from any occupied dwelling.
C. 
The maximum height of the wind rotor and tower shall be determined as follows:
Minimum Distances From All Property Lines
(feet)
Maximum Tower Height
(feet)
75 to 85
35
86 to 95
40
96 to 100
45
More than 100
50 to 75
(1) 
The tower height may be increased from 50 feet up to a maximum 75 feet, with the addition of each foot of height being added to the setback requirement.
D. 
All mechanical equipment and buildings associated with the operation shall be enclosed with a six-foot fence. Each tower shall also be enclosed with a six-foot fence, unless the base of the tower is not climbable for a distance of 12 feet.
E. 
When a building is required for storage cells or related mechanical equipment, the building may not exceed 150 square feet in area or eight feet in height and must be located at least 75 feet from any property line.
F. 
All electric and other utility wires associated with the wind energy conversion system shall be buried underground.
G. 
The applicant shall demonstrate that any noise emanating from the wind energy conversion system shall not exceed 60 decibels measured at the nearest property line.
H. 
If the wind energy conversion unit is abandoned from use, the tower and related structures shall be dismantled and removed from the property within 90 days.
I. 
The energy generated from the wind energy conversion system shall be used on the property on which it is located or excess generated energy can be returned to the grid; however, the conversion system shall not be operated as a commercial enterprise.

§ 350-456 Banquet hall.

[Added 5-4-2016 by Ord. No. 2016-01]
A. 
The floor area for patron use in any banquet hall shall be limited to 7,000 square feet.
B. 
Off-street parking shall be 25 feet from the right-of-way line of adjoining road(s). Such parking lots must also be set back 30 feet from any adjoining lot lines.
C. 
All outdoor recreation/activity areas shall be set back at least 200 feet from any property line of a residentially zoned property (Conservation District, Agricultural Rural District or Residential District).
D. 
Any event at a banquet hall must end no later than 12:00 midnight.
(1) 
All outdoor recreation/activities must discontinue at sunset.
E. 
Screening shall be provided along any adjoining residentially zoned (Conservation District, Agricultural Rural District or Residential District) property that is less than 500 feet from the banquet hall building.
F. 
All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent residential properties.
G. 
No banquet hall shall be located within 300 feet of any residentially zoned (Conservation District, Agricultural Rural District or Residential District) property.
H. 
The use shall meet all applicable state and local regulations.
I. 
Minimum lot size: two acres.
J. 
One sign permitted at a max size of 25 square feet.
K. 
Either public water and/or public sewer approved by the PA DEP must be utilized or else satisfactory evidence must be submitted to assure that the new or existing on-site system is capable of adequately serving the proposed use. Temporary restroom facilities (porta pottys, etc.) are prohibited.
L. 
An hours of operation and maintenance plan must be submitted to the Township.

§ 350-457 Principal solar photovoltaic system (PS-PVS).

[Added 4-7-2020 by Ord. No. 01-2020]
A. 
Regulations applicable to all PS-PVS.
(1) 
Exceptions. PS-PVS constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modifications to an existing PS-PVS, whether or not existing prior to the effective date of this section, that materially alter the PS-PVS shall require approval under this section. Routine maintenance or like-kind replacements do not require a permit.
(2) 
Permit requirements.
(a) 
PS-PVS shall comply with the Liberty Township Subdivision and Land Development chapter, including the submission and approval of a land development plan. The installation of PS-PVS shall be in compliance with all applicable permit requirements, codes and regulations.
(b) 
Land use permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the PS-PVS is constructed.
(c) 
The PS-PVS owner and/or operator shall repair, maintain and replace the PS-PVS and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PS-PVS in good repair and operating condition.
(3) 
No trees or other landscaping otherwise required by the Township ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a PS-PVS.
(4) 
The PS-PVS owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Township. The PS-PVS owner and/or operator shall respond to the public's inquiries and complaints.
(5) 
Decommissioning.
(a) 
The PS-PVS owner and/or operator is required to notify the Township immediately upon cessation or abandonment of the operation. The PS-PVS shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
(b) 
The PS-PVS owner shall then have 12 months in which to dismantle and remove the PS-PVS, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the PS-PVS within the established time frames, the Township may complete the decommissioning at the owner's expense.
(c) 
At the time of issuance of the land use permit for the construction of the PS-PVS, the owner shall provide financial security in a form and amount acceptable to the Township to secure the expense of dismantling and removing said PS-PVS and restoration of the land to its original condition, including forestry plantings of the same type/variety and density as the original.
(6) 
The layout, design, installation and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the Pennsylvania Uniform Construction Code[1] as enforced by Liberty Township, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(7) 
Upon completion of installation, the principal solar photovoltaic system shall be maintained in good working order in accordance with standards of the Liberty Township codes under which the principal solar photovoltaic system was constructed.
(8) 
Principal solar photovoltaic system installers must certify they are listed as a certified installer on the DEP's approved solar installer list or that they meet the criteria to be a DEP-approved installer by meeting or exceeding one of the following requirements:
(a) 
Certification by the North American Board of Certified Energy Practitioners (NABCEP).
(b) 
Completion of an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited photovoltaic (PV) training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
(9) 
All on-site utilities, transmission lines, and plumbing shall be placed underground.
(10) 
The owner the PS-PVS shall provide Liberty Township written confirmation that the public utility company to which the principal solar photovoltaic system will be connected has been informed of the owner's intent to install a grid-connected system and approved of such connection. Off-grid systems shall be exempt from this requirement.
(11) 
No portion of the principal solar photovoltaic system shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the principal solar photovoltaic system, provided they comply with the prevailing sign regulations.
(12) 
Glare.
(a) 
All principal solar photovoltaic systems shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.
(b) 
The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(13) 
Solar easements.
(a) 
An owner of a PS-PVS may enter into solar easements with surrounding property owners. Said easements shall be in writing and shall be subject to the same conveyance and instrument recording requirements as other easements. Copies of all existing or proposed solar easements shall be submitted to the Township with the land use permit application for the PS-PVS.
(b) 
Any such easements shall be appurtenant, shall run with the land benefited and burdened, and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easements shall include but not be limited to:
[1] 
A description of the dimensions of the easement, including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed;
[2] 
Restrictions on the placement of vegetation, structures and other objects which may impair or obstruct the passage of sunlight through the easement;
[3] 
Terms and conditions, if any, under which the easement may be revised or terminated;
[4] 
Compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.
(c) 
If required, a principal solar photovoltaic system owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).
(14) 
Prior to the issuance of a land use permit, applicants must acknowledge, in writing, that the issuance of said permit for a principal solar photovoltaic system shall not and does not create in the property owner, its, his, her or their successors and assigns in title, or create in the property itself:
(a) 
The right to remain free of shadows and/or obstructions to solar energy caused by the development of adjoining or other property or the growth of any trees or vegetation on such property.
(b) 
The right to prohibit the development on or growth of any trees or vegetation on such property.
B. 
Ground-mounted PS-PVS.
(1) 
Minimum lot size: The PS-PVS shall meet the lot size requirements of the underlying zoning district.
(2) 
Setbacks: PS-PVS shall comply with the setbacks of the underlying districts for principal structures.
(3) 
Height: Ground-mounted PS-PVS shall comply with the building height restrictions for principal structures of the underlying zoning district.
(4) 
Impervious coverage.
(a) 
The area beneath the ground-mounted PS-PVS is considered pervious coverage. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the impervious surfaces limitations for the applicable zoning district.
(b) 
The applicant shall submit a stormwater management plan that demonstrates compliance with the Liberty Township Stormwater Management Ordinance.[2]
[2]
Editor's Note: See Ch. 263, Stormwater Management, Pt. 2, Stormwater Management Standards.
(5) 
Ground-mounted PS-PVS shall be screened from adjoining residential uses or zones according to the standards found in § 350-312.
(6) 
Ground-mounted PS-PVS shall not be placed within any legal easement or right-of-way location or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(7) 
Security.
(a) 
All ground-mounted PS-PVS shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
(b) 
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PS-PVS informing individuals of potential voltage hazards.
(8) 
Access.
(a) 
At a minimum, a twenty-five-foot-wide access road must be provided from a state or township roadway into the site.
(b) 
At a minimum, a twenty-foot-wide cartway shall be provided between the solar arrays to allow access for maintenance and emergency vehicles, including fire apparatus and emergency vehicles.
(c) 
Solar panels shall not extend into the cartway.
(d) 
Access to the PS-PVS shall comply with § 350-309, and with the access requirements in the Liberty Township Subdivision and Land Development Ordinance.[3]
[3]
Editor's Note: See Ch. 275, Subdivision and Land Development.
(9) 
The ground-mounted PS-PVS shall not be artificially lighted except to the extent required for safety or applicable federal, state or local authority.
(10) 
If a ground-mounted PS-PVS is removed, any earth disturbance resulting from the removal must be graded and reseeded.
C. 
Roof- and wall-mounted PS-PVS.
(1) 
For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and all building codes adopted by the Township and that the roof or wall is capable of holding the load imposed on the structure.
(2) 
PS-PVS mounted on the roof or wall of any building shall be subject to the maximum height regulation of the underlying zoning district.
(3) 
Wall-mounted PS-PVS shall comply with the setbacks for principal structures in the underlying zoning districts.
(4) 
Solar panels shall not extend beyond any portion of the roof edge.