In the RA-2, R-1, and R-2 Districts, a property used for agricultural purposes, but not including intensive agriculture, as such term is defined by this chapter, and containing a minimum net lot area of 20 acres shall be permitted to be occupied by two principal single-family dwelling units.

For each additional 10 acres of net lot area in excess of the 20 acres required under Subsection E(1), above, one additional principal single-family dwelling unit shall be permitted.

Such additional dwelling units shall not be required to be located on separate, subdivided lots. All such units, however, shall be located on the lot so as to meet all setback requirements and have sufficient surrounding area so that the required setback and area requirements for the zoning district in which they are situated are complied with and that a lot conforming to the currently applicable terms of this chapter could be created if proposed in the future.

An indoor riding facility may be located as of right in the AP Agricultural Preservation District and the RA-2 Residential Agricultural District.

The maximum building coverage for an indoor riding facility shall be 14,000 square feet.

The maximum impervious surface on the property shall be determined on the basis of the zoning district in which the property is located as follows:

The indoor riding facility shall not exceed 35 feet in height.

Evening use of an indoor riding facility is permissible, provided that no light or noise associated with the activity is discernible at the property line and beyond. No additional exterior lighting beyond normal security purposes shall be permitted.

The maximum permissible number of stalls contained within or associated with an indoor riding facility shall be determined on the basis of one stall per acre of satisfactory grazing area on the tract.

To be deemed an agricultural use, an indoor riding facility shall be primarily for the use of the owner or occupant of the property and shall not be used for or characterized by any of the provisions in § 170-130.4 applicable to a commercial equine activity.

Manure handling shall comply with all applicable regulations of Chester County and the Commonwealth of Pennsylvania.

The applicant shall demonstrate that the proposed location of an indoor riding facility and stables is sufficiently level to avoid extensive earthmoving. Construction of the indoor riding facility shall not require removal of any area of woodland, as designated in the Londonderry Township Comprehensive Plan.

The applicant for an indoor riding facility shall submit a land development plan under the terms of Chapter 130, the Londonderry Township Subdivision and Land Development Ordinance. As part of its review and decision on such a plan, the Board may require screening to reduce or eliminate the off-site visibility of lighting, structures, and/or parking areas.

The applicant for an indoor riding facility shall demonstrate compliance with all relevant portions of Chapter 125, the Londonderry Township Stormwater Management Ordinance, and Chapter 38, the Londonderry Township Erosion and Sedimentation Control Ordinance.

Not less than 250 feet from any front lot line or any lot line in or adjacent to a roadway;

Not less than 150 feet from any other lot line.

A no-impact home occupation, as defined in Section 170-13 and where permitted by right as a use accessory to residential use under the terms of the base zoning districts; or

A major home occupation, as defined in § 170-13 and where permitted as a conditional use under the terms of the base zoning districts.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

No exterior evidence of the activity, including signs, lighting, or the display, inventorying, or stockpiling of goods, shall be visible.

No retail sales, exclusive of telephone and/or internet solicitation, may be conducted.

Only residents of the dwelling may be engaged or employed in the activity.

The activity may be conducted only within the dwelling unit and may not occupy more than 25% of the habitable floor area.

The activity shall not require the delivery of materials and goods by trucks larger than standard panel trucks equipped with no more than one rear axle.

The activity may not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.

The activity may not generate any solid waste or sewage discharge in volume or type that is not normally associated with residential use in the neighborhood.

There shall be no customer or client traffic, whether vehicular or pedestrian, and no pickup, delivery, or removal functions to or from the premises, in excess of those normally associated with residential use.

There shall be no more than one home occupation per dwelling unit.

Any dwelling unit in which a home occupation is conducted shall have its own direct access to ground level.

The resident practitioner of any home occupation shall provide the Township with the names of all individuals employed by the business constituting the home occupation, and shall report all additions or deletions among those so employed as they occur.

Prior to initiating the operation of a home occupation, the resident practitioner shall be required to obtain a permit from the Township and pay a fee in an amount as established by resolution of the Board of Supervisors. The Township shall conduct an inspection of the premises as part of the review of the permit application. Such permit must be renewed every two years for continued operation of the home occupation, but no additional fee or inspection shall be required.

Purpose. The purpose of the standards in this Subsection C is to provide opportunity for certain home occupation uses that do not comply fully with the criteria in § 170-119B for home occupations permitted by right, primarily due to the proposed employment of nonresidents and/or the nature of the proposed use. It is the intent of this Subsection C to assure that any home occupation is:

In addition to the standards contained in this Subsection C, any applicant seeking approval of a home occupation as a conditional use shall comply with the standards in § 170-119B(1), (6), (7), (8), (10), (11), and (12).

No exterior evidence of the activity in the form of lighting, or the display, inventorying, or stockpiling of goods, shall be visible. Any sign associated with a home occupation shall comply with the standards in § 170-l35B(2)(a) of this chapter.

A home occupation approved under the terms of this Subsection C may be located only within a single-family detached dwelling or within an accessory building located on the same lot as a single-family detached dwelling.

Where a home occupation is conducted, in whole or in part, within an accessory building on the property, the total floor area devoted to the home occupation shall not exceed 25% of the floor area of the single-family detached dwelling or 600 square feet, whichever is less.

If the resident conducting the home occupation is a tenant and not the owner of the property, the owner shall be party to the application for conditional use approval.

No more than two nonresident employees shall be permitted. However, where a home occupation is an office in the building trades and similar fields, the business may have additional employees for off-site activities, provided they are not employed on site, they do not park on or near the property, and they do not normally visit the property during the course of business.

Major home occupations shall be limited to those occupations customarily conducted within a single-family detached dwelling or a building accessory to a single-family detached dwelling. Major home occupations shall include, but not be limited to, the following activities:

The applicant shall demonstrate that adequate off-street parking shall be provided for both the home occupation and the dwelling unit. In no event shall the parking spaces provided be less than two for the dwelling unit and one for each nonresident employee.

Retail sale of merchandise, supplies, or products shall not be conducted on the property except for the following:

Unless otherwise determined by the Board of Supervisors, an approved home occupation may be conducted only during the hours of 7:00 a.m. to 7:00 p.m.

Where the proposed home occupation will include nonresident employees, in accordance with the terms of this Subsection C, the Board of Supervisors may require appropriate documentation that the sewage facilities serving the property will be adequate to meet the wastewater treatment and disposal needs that will be generated on the property. Where such facilities cannot be provided, the Board may deny the request for special exception.

Prior to initiating the operation of a major home occupation, the resident practitioner shall be required to obtain a permit from the Township and pay a fee in an amount as established by resolution of the Board of Supervisors. The Township shall conduct an inspection of the premises as part of the review of the permit application. Such permit must be renewed annually for continued operation of the home occupation, and the Township may conduct an inspection, as it deems necessary, in conjunction with the permit renewal process.

Golf courses (public or private);

Swimming pools, public;

Tennis courts, public;

Nonprofit parks, playfields, play grounds, arboretums, conservation areas and animal sanctuaries;

Country clubs;

Hunt clubs;

[1]Day camp;

Picnic grove;

Foot, bridle and bicycle paths;

Similar uses characteristically identified with open space such as, but not limited to, fishing, boating, skiing, (except under artificial lighting) and camping (except motor homes, travel trailers, mobile homes and similar camping units on wheels);

The following auxiliary uses to any of the above shall be permitted in recreational land use but only sufficient to service employees, members and guests:

[3]Campgrounds with overnight facilities for motor homes, travel trailers and similar camping vehicles which do not exceed 35 feet in length and do not remain in excess of six months in any calendar year.

Private, noncommercial swimming pools. They shall be not less than 15 feet from any side or rear lot line nor nearer to the front lot line than the minimum front yard setback for the subject lot and shall be entirely enclosed with a permanent fence of not less than four feet in height with a gate which can be locked.

Private garages, car ports and parking areas.

Private tennis court.

Greenhouse.

Garden or equipment shed for the storage of tools, garden implements and gardening materials.

Customary farm buildings used for the storage, keeping or repair of equipment, livestock, materials and produce in conjunction with such farm's normal operations.

Roadside stands for the sale of farm products produced principally on the property, provided that adequate and safe parking is available so as not to interfere with normal traffic flows. Such stands on lots of less than 10 acres shall be permitted only during the harvest season of the product(s) sold. Such stands are not permitted on lots of less than three acres.

Other accessory uses or structures provided they are clearly incidental to the principal use.

No accessory use or structure shall be located closer than 15 feet to any rear or side lot line.

Where more stringent setback restrictions are specified in specific districts, those restrictions shall apply.

No accessory structure shall be located in any minimum required front yard, other than a roadside stand for the sale of farm products, in accordance with § 170-121A(7), above.

Except as provided herein, no accessory structure shall exceed 15 feet in height.

Minimum gross lot area: as required for a single-family detached dwelling in the zoning district where permitted.

Minimum net lot area: 45,000 square feet.

Minimum lot width at the building line: 200 feet.

Minimum lot width at the street line: 100 feet.

Minimum building setback line: 100 feet.

Maximum impervious coverage: as required for a single-family detached dwelling in the zoning district where permitted.

Minimum side and rear yards: 50 feet.

Minimum habitable floor area per person: 350 feet.

The facility shall conform to the Life Safety Code for such facilities propounded by the United States Department of Health, Education and Welfare.

The facility shall conform to the BOCA general construction, fire, plumbing and electrical codes in effect at the time application for special exception approval is made.[1]

Minimum habitable floor area shall be determined by dividing the area available for human habitation within the walls of the structure by the number of persons residing in the structure.

The facility shall be provided with a suitable recreational area for the use of its residents.

The facility shall be provided with one off-street parking space for each resident who is over 15 years of age.

Permits. Upon approval of an application for a rooming house and the completion of construction thereof, the Zoning Officer shall inspect the premises and determine whether it complies with the provisions of the chapter and with the requirements of the decision approval the use application. If the premises is in compliance, the Zoning Officer shall issue a permit for a rooming house which permit shall be effective for a period of one year from the date of its issuance.

Permit renewal. Prior to the expiration of each rooming house permit, the Zoning Officer shall inspect, after 10 days' notice to the owners, the premises to determine whether it complies with the regulations and requirements mentioned above. If the facility is in compliance the permit shall be renewed for a further period of one year.

Reports. The owner of a rooming house shall furnish the Township with such reports relating to the use and condition of the facility, the number of persons residing therein as it may require from time to time.

Failure to comply with use requirements. The Zoning Officer shall investigate all assertions with respect to the owner's failure to maintain the facility in accord with the provisions of this chapter. The Zoning Officer shall make a written report of his findings to the Board of Supervisors and to the owner. The owner shall correct any condition reported by the Zoning Officer as not being in compliance with this chapter or the Use Regulations within 30 days from the date on which he receives the Zoning Officer's report. The Zoning Officer shall revoke the appropriate permit for a rooming house of any owner who fails to correct within 30 days, any condition which does not comply with this chapter or use regulations.[2]

The entire area disturbed by excavating, quarrying, mining or other natural production use shall be planted in such a manner so as to control soil erosion.

The entire area shall be graded wherever necessary to provide for the conveyance of stormwater. Finished grade shall not have a slope of less than 2% so as to provide for natural drainage.

Stockpiles, overburden, refuse, plant facilities or equipment shall be removed immediately upon the termination of operations and in no case shall such removal be delayed for more than six months.

Where screen planting and/or fencing has been provided, the same shall remain where necessary for safety, and shall be continuously maintained in good repair.

Within three years after the termination of the open pit mining operation the above reclamation activities must be completed as approved.

The purpose for establishing the accessory dwelling unit shall be to meet the needs of a member or members of the family of the owner-occupant of the principal single-family dwelling. One of the two dwelling units shall be owner-occupied and the other dwelling unit shall be occupied by a person or persons related by blood, adoption and/or marriage to the owner-occupant.

The maximum number of occupants of any accessory dwelling unit shall be two.

There shall not be more than one accessory dwelling unit created on any lot.

Except where a community utility sewage system is available, the applicant shall submit to the Township a permit for an on-site sewage disposal system issued by the Chester County Health Department, certifying that the sewage disposal facilities are adequate to serve the projected number of residents of the accessory dwelling unit and/or the accessory dwelling unit plus the principal dwelling unit. Where an existing on-site system is found to be inadequate by the Department to serve the projected demand, no approval shall be given for the accessory dwelling unit until the system is improved to meet Health Department requirements and a permit is issued by the Department.

One off-street parking space shall be required for the accessory dwelling unit, in addition to those utilized by the principal dwelling. The additional parking space shall not be located within any required yard area.

To ensure compliance with this chapter, an architectural plan shall be submitted as part of a building permit application, accurately drawn to scale, indicating the location and size of the two dwelling units, parking areas, and any proposed exterior alterations.

The minimum size of an accessory dwelling shall be 300 square feet of gross habitable area and the maximum size shall be 800 square feet of gross habitable area.

Attachment of a mobile home or travel trailer to an existing structure shall not be a permissible addition for the purposes of creating an accessory dwelling unit.

The accessory dwelling unit shall not be used for profit or rental purposes.

To be eligible for an accessory dwelling in a separate single-family detached dwelling, a property must be located in the AP Agricultural Preservation District, must have a gross lot area of not less than 10 acres, and must contain a principal single-family detached dwelling to which the proposed second dwelling will be accessory.

Any newly constructed detached accessory dwelling structure shall be located on the lot in compliance with all applicable minimum setback and yard regulations for the AP District. Creation of a separate, subdivided lot for the accessory dwelling unit shall not occur.

The maximum size of the accessory dwelling shall be 1,200 square feet of gross habitable area.

Noise and/or odor generated by machinery that may be required for drying, mixing, bagging, or other aspects of the operation;

Traffic from trucks delivering spent compost and/or transporting the products to secondary markets, or from potential customers.

To help implement the Londonderry Township Comprehensive Plan and the Octorara Regional Comprehensive Plan.

To regulate new development at commercial and business properties that have frontage on Route 41 in accordance with Section 605, Classifications, of the Pennsylvania Municipalities Planning Code[1] in terms of major thoroughfares and intersections, and other places having a special character or use affecting and affected by their surroundings.

To control the development of higher intensity commercial, business and industrial land uses in the Route 41 Corridor and to minimize potential conflicts between nonresidential and residential uses along the Route 41 Corridor.

To provide reasonable standards for the development of buildings, structures and landscaping at small-scale commercial, office, service, business and light industrial uses.

To discourage development of strip-type highway-oriented commercial uses which result in incongruous architectural styles, excessive paved areas, deep building setbacks, parking in front of buildings, numerous curb cuts and large signs and attract large volumes of vehicular traffic.

To encourage pedestrian and vehicular connections between buildings, parking areas and sidewalks, and to encourage consolidation and sharing of driveways, parking and curb cuts to provide more efficient, economical and safe access and parking.

C Local Commercial District.

GC-I General Commercial Industrial District.

AB Agricultural Business District.

The maximum building length shall be 200 feet.

The width of the facade of any new building which exceeds 24 feet in width shall have vertical design elements such as pilasters, columns, piers or recesses or projections of up to four feet so that no new vertical bay or section of a building facade exceeds 24 continuous feet in width.

Building windows and openings shall constitute no less than 30% of all walls on the first/ground floor where there is a customer entrance.

No building shall have opaque windows on the first/ground floor.

No principal building shall have a flat roof, unless it has a parapet wall to screen all mechanical equipment from public view along streets, sidewalks and public accessible parking areas.

The minimum building height shall be 20 feet.

The maximum building length shall be 245 feet.

The width of the facade of any new building which exceeds 32 feet in width shall have vertical design elements such as pilasters, columns, piers or recesses or projections of up to four feet so that no new vertical bay or section of a building facade exceeds 32 continuous feet in width.

Building windows and openings shall constitute no less than 25% of all walls on the first/ground floor where there is a customer entrance.

No building shall have opaque windows on the first/ground floor.

No principal building shall have a flat roof, unless it has a parapet wall to screen all mechanical equipment from public view along streets, sidewalks and public accessible parking areas.

If one or more buildings are proposed that constitute 40,000 square feet or more on the first/ground floor, then separate buildings shall be constructed such that no individual building under one roof exceeds 40,000 square feet. Each separate building shall be located at least 60 feet, but not more than 90 feet, from one another. The space between buildings shall have twelve-foot-wide sidewalks adjoining each building.

The minimum building height shall be 20 feet.

Preservation of existing buildings. Any new additions to an existing building with historic significance shall be at the rear of the property, including any fire escapes or similar features not part of the original building. The existing style and character of the front and side facades and rooflines of the original building shall be retained, especially the porches, pent eaves, stoops and other building entryways.

Compatibility of new buildings. New buildings shall be graceful forms of infill development and shall reflect massing rooflines and architectural details of existing historic and/or culturally significant buildings along the Route 41 Corridor.

Parking placement. Parking shall be provided to the side and rear of buildings, except in cases where the location of lot lines, structures and like constraints require parking between the front of structures and the front lot line or if there is lawfully existing parking. In either case, parking shall be screened from view in accordance with the terms of § 170-100 of this chapter and shall be landscaped in accordance with the terms of § 130-64 of Chapter 130, Subdivision and Land Development.

Vehicular access management.

Street trees and other landscaping.

Lighting.

Signage. All signage within 50 feet of the residential districts along Route 41 shall be reduced in size by 1/3 of the square footage otherwise permitted.

Trash storage and other outdoor storage. All service and loading areas, dumpsters, outdoor storage areas and similar site elements shall be located in the rear of the property and shall be screened from view in accordance with a the terms of § 170-100 of this chapter.

Utilities. All new utilities shall be placed underground.

Where educational facilities and programs are offered below the college level, the applicant shall include a plan for outdoor recreation that is acceptable to the Board. Such plan shall include appropriate screening and buffering from adjacent residential properties.

Student and child drop-off areas shall be designed to eliminate the need to cross traffic lanes within or adjacent to the site.

The applicant shall provide a parking plan which demonstrates that the proposed parking facilities are sufficient for the intended use and in compliance with the terms of this chapter.

One hundred feet of any property line or street line;

Two hundred feet of any dwelling or existing well; or

Twenty-five feet of the cartway of any private vehicular accessway within the tract or any parking area.

For a grave stone, monument, or statue marking an individual burial site: six feet.

For a mausoleum: 15 feet.

For any other structure: 35 feet.

Multiple burial vaults may be placed in a single plot (i.e., one above the other).

No vault shall be located less than three feet beneath the ground surface after development, except where completely enclosed within a mausoleum.

No vault shall be located where, at its greatest depth below the ground surface, it may intrude upon the seasonal high water table.

In order to provide for adequate percolation of groundwater, all burial vaults shall be placed such that minimum horizontal separation between vaults is no less than two feet. This provision shall not apply to burial vaults completely enclosed within a mausoleum.

The minimum net lot area for development or expansion of any such use, where permitted as a conditional use, shall be five acres, plus one acre per each 100 pupils for which the facility is designed.

Maximum impervious surface coverage of the lot shall be 40%.

Maximum floor area ratio: 40% of the gross area of the tract.

Maximum building coverage: 15% of the gross area of the tract.

Minimum vegetative cover: 50% of the gross area of the tract.

Minimum distance between principal buildings on the tract: 40 feet.

Within the tract, a separate pedestrian walkway system shall be required to provide for general pedestrian movement among buildings, parking areas and, as appropriate, recreation and open space areas. Such walkways shall be buffered from vehicular traffic through landscaping and/or berms.

Where applicable, every effort shall be made to retain and utilize existing vegetation for screening purposes.

Any building shall be set back at least 100 feet from the lot line of any residentially zoned land, land in the AP District or any existing dwelling unit.

Off-street parking areas shall not be utilized as recreation areas, and recreation areas shall not be located within the front yard and must be set back at least 25 feet from all other lot lines. Except where separated by a minimum of 300 feet, outdoor recreation areas shall be screened from adjoining residentially zoned properties and properties in agricultural or residential use by means of fences, plantings or decorative enclosures sufficient to screen activities from adjacent lots. Any vegetative materials located within the recreation area shall be nonharmful (i.e., not thorny, poisonous, allergenic, etc.).

All applicable federal, state and Octorara Area School District standards and regulations for structures, ground and operations shall be met. Copies of any required licenses and permits shall be provided to the Township.

Where on-lot subsurface sewage disposal systems are proposed, a replacement seepage bed area tested as suitable shall be designated and preserved for that use.

For any school with an enrollment of 50 or more students, the applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements stated in § 130-40 of the Township Subdivision and Land Development Ordinance.

Enrollment, for the purposes of this section, shall be defined as the largest number of students on the site at any one time during a seven-day time period.

Maximum building coverage shall be 30% and maximum impervious surface shall be 60%.

A copy of any required federal, state or county permit or license shall be provided to the Township.

Buffer yards and screening to protect adjacent residential uses may be required.

Minimum lot size, area and bulk requirements, and any other applicable dimensional and design standards, shall be as contained in the applicable zoning district.

An indoor riding facility, including stables, for the boarding and/or training of one or more equids;

Lessons in riding or driving;

Clinics for trainers involving one or more clients; or

Competitions.

Commercial equine quarters, as an accessory use, in accordance with the terms of Subsection P below.

AP District: 12%.

RA-2 District: 15%.

Off-street parking areas shall be provided with sufficient capacity to accommodate the demand for parking that will be generated by the proposed use. The applicant shall identify the locations and capacities of areas on the site that are designated for off-street parking and shall demonstrate how such parking areas can accommodate the number and type of vehicles that are proposed to occupy the site during periods of highest-intensity demand for parking. The Board of Supervisors shall determine the adequacy of the proposed parking and may condition any approval on the provision of more off-street parking than is proposed by the applicant.

In no case shall on-street parking or parking on road shoulders be permitted.

No off-street parking area that is proposed to serve a commercial equine activity may be located in any front yard. No such parking areas shall be located within 150 feet of the side or rear lot line where the principal use of the adjacent property is residential.

Access to the site shall be configured in full compliance with the terms of § 170-102 of this chapter so as to prevent blockage of vehicle access to the site or backing of vehicles onto a street.

The design and location of such parking areas shall be in compliance with the applicable standards of § 170-110 of this chapter. Except where specifically required by the Board of Supervisors, however, it shall not be necessary for parking areas to have an all-weather paved surface or to have curbs, bumper guards, walls, interior landscaping, or lined or marked spaces.

There shall be one off-street parking space required for each potential occupant of a commercial equine quarters.

The design of any manure storage facility shall be reviewed by the Chester County Conservation District. The applicant shall furnish a letter from the Chester County Conservation District documenting approval of the design of the facility.

Construction and subsequent operation of the manure storage facility shall be in accordance with the design approved by the Chester County Conservation District.

Manure handling shall be in further compliance with the Pennsylvania Nutrient Management Act of 1993, as may be amended.[2]

Number of shows/competitions per year and/or number of outdoor shows/competitions per year;

Number of shows/competitions per weekend and/or per month and the months of the year during which such shows/competitions are permitted;

Hours during the day when shows/competitions are permitted;

Hours during weekdays when group riding lessons are permitted;

Hours during the evening when indoor shows/competitions are permitted; and

Number, type and location of on-site vendors.

Commercial equine quarters shall be a use accessory to a commercial equine activity, and shall be incidental and subordinate to that principal use.

The occupants of the commercial equine quarters shall be limited to trainers, instructors, employees, grooms, and students of the commercial equine activity.

The occupants of commercial equine quarters may share common cooking and sanitary facilities.

The maximum number of occupants of commercial equine quarters at any one time shall be eight.

The lot on which the commercial equine quarters is located must have a lot area of not less than 10 acres.

Where a lot containing equine quarters is less than 20 acres, its principal use shall be part of and in support of a commercial equine activity on an immediately adjacent tract or on a tract that is within 1,000 feet of the commercial equine activity. The two properties shall be subject to a declaration of merger of use, the documentation of which shall be subject to review by and approval of the Township Solicitor and shall be recorded at the Chester County Recorder of Deeds. The two lots must be in common ownership or with affiliated owners who both agree to use the two parcels for the same use.

The commercial equine quarters shall have direct access to the outdoors or to a hall from which there is direct access to the outdoors.

The commercial equine quarters shall be separated by a fire wall from the remainder of the building or structure if it is used for other uses associated with the commercial equine activity, and sprinklers shall be installed in the commercial equine quarters.

The applicant shall submit to the Township evidence that the sewage disposal facilities are properly permitted and adequate to serve the projected number of occupants of the commercial equine quarters.

Parking for the commercial equine quarters shall comply with the regulations set forth in § 170-130.4J(6) of the Zoning Ordinance.

A plan shall be submitted to the Township demonstrating that the commercial equine quarters are located on the lot in compliance with all applicable regulations for the AP Zoning District and the standards set forth in this section.

That long-term production of forest crops and benefits is encouraged;

That the right to harvest trees is exercised with due regard for the protection of the physical property of adjacent landowners;

That the potential for negative environmental impacts resulting from improper logging operations is minimized and sound forest stewardship is practiced; and

That unreasonable and unnecessary restrictions on the right to undertake logging operations are avoided.

The provisions and requirements of this section shall apply to any logging operation, as defined by this chapter, where the harvest area in which the logging operation will occur occupies one acre or more of woodland within Londonderry Township.

A zoning permit in accordance with the terms of this section shall be required for all logging operations, except as noted in Subsection (B)(4), below.

It is not the intent of this section to regulate timber harvest for home use, normal property maintenance and upkeep, or in conjunction with any land use change requiring Township approval and/or a building permit.

The following operations are specifically exempt from the requirement to obtain a zoning permit:

Mature trees may be removed for the purpose of timber stand improvement where the harvested trees are not part of a commercial sale.

Removal of any mature tree located within a forested interior area, as documented on Map 5-4, Woodland Classification, in the Londonderry Township Comprehensive Plan (2007), for any purpose shall require a zoning permit. The reason for such proposed removal shall be documented by a professional forester, forest technician, or similar professional acceptable to the Township. The Zoning Officer may, as he deems necessary, obtain the services of a forest professional to review and comment upon the proposed tree removal. Any costs incurred by the Township for the professional review of such documentation shall be paid by the applicant.

It shall be the responsibility of each landowner on whose land a logging operation is to be carried out to develop or have developed a written forestry/logging plan, in form and content as specified by this section, and to submit such plan to the Zoning Officer as part of the application for a zoning permit. The plan shall be submitted not less than 45 days prior to the intended start of the logging operation; the Township shall complete its review and decision on the plan within 30 days of receiving it.

The Township may, as it deems necessary, obtain the services of a forest professional to review and comment upon the forestry/logging plan. Any costs incurred by the Township for the professional review of the plan shall be paid by the applicant.

No logging operation shall occur until the forestry/logging plan has been reviewed and approved by the Township. It shall be the joint responsibility of the landowner and the operator to see that the provisions of the approved Forestry/Logging plan are carried out. The plan shall be available at the harvest site at all times during the logging operation and shall be provided to the Zoning Officer upon request.

For any logging operation, the landowner shall notify the Zoning Officer at least 10 business days prior to commencement of the operation and within five business days of completion of the operation. Notification shall be in writing and shall specify the land on which the operation will occur and the anticipated starting or completion dates of the operation.

Each Forestry/Logging plan for a logging operation within Londonderry Township shall be prepared by a professional forester, forest technician, or similar professional acceptable to the Township.

Any logging plan shall, at minimum, include the following:

Felling or skidding on or across any public road is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever party is responsible for maintenance of the road. The Board of Supervisors may require financial security to insure the quality and integrity of the public roads as existed prior to use by any applicant. The Township Engineer shall review the then-condition of the public roads and scope of requested use and types of vehicles/equipment accessing the public roads. The Board may approve or create the format and content of the financial security agreement/security by resolution.

For all logging operations located within 50 feet of a property line or a public road right-of-way, or on land with slope in excess of 15%, a minimum of 70% of the forest canopy trees shall remain in good condition after the completion of any logging operation. Remaining forest canopy trees shall be well distributed throughout the area subject to the logging operation.

No tops, slash, or wood chips shall be left within 25 feet of any public road or any property line.

All tops, slash, and wood chips located between 25 feet and 50 feet of a public road or property line shall be lopped to a maximum height of four feet above the surface of the ground.

No tree shall be felled across a property line, and no tops or slash shall be left on or across any property line without the consent of the adjoining landowner.

Litter resulting from any logging operation shall be cleaned up and removed from the site before it is vacated by the applicant.

The applicant shall execute a performance guarantee agreement requiring the applicant to maintain, repair, and/or replace any public road permitted for use under this section. The applicant must provide financial security to insure compliance with this requirement. The financial security may consist of a funded escrow account or letter of credit, subject to the review and approval of the Township Solicitor. The Township Engineer may inspect the public road and require additional financial security in the event the Township Engineer determines the then amount of financial security is insufficient to maintain and/or restore the public road. The applicant must cease use of and/or access to the public road upon the Township's written notice that such damage and/or potential damage exists and/or the applicant fails to provide adequate financial security, which the Township Engineer then determines is inadequate. The applicant agrees to pay and provide sufficient financial security to insure payment of all inspections and/or professional consultant fees necessary for the inspection and/or enforcement of the agreement.

Upon completion of the logging operation, the applicant shall notify the Township Engineer, who shall be authorized to inspect the completed logging site and the roads within the Township used for the logging operation. Based upon the inspection, the Township Engineer shall either recommend release of the performance guarantee by the Board of Supervisors or shall document actions that must be taken by the applicant at the site and/or on the roads prior to release of the performance guarantee.

In no case shall a clear-cutting operation be permitted.

No logging operation shall be permitted in any flood plain or riparian buffer area.

Solar energy systems are permitted in all zoning districts as an accessory use.

A building permit is required for the installation of any solar energy system.

Energy produced by a solar energy system shall be primarily for personal use on the property where the system is located. Energy produced in excess of personal needs on the property may be sold to a local electric provider, but only as an ancillary and secondary result of the solar energy system.

The local electrical distribution utility company shall be contacted concerning the connection of a system to the grid and to address any further issues. The applicant shall provide written proof to the Township as part of the permit application that the local electrical distribution utility company was contacted and informed of the applicant's intent to install a solar energy system. Contacting the local electric company is not necessary for off-grid systems.

Advertising on solar energy systems, other than reasonable identification of manufacturer and operator, is prohibited. This includes any signage, streamers, ribbons, flags, banners, or similar materials, but does not include the posting of appropriate warning signs.

All solar energy systems must be professionally constructed and professionally installed. Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation, or other certifying agency determined acceptable by the Township. The Township reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

A solar energy system may be placed on the roof (roof mounted) or on the ground (ground mounted).

Additional standards for roof-mounted solar energy systems.

Additional standards for ground-mounted solar energy systems.

A solar farm shall be permitted as a principal use in the AP Agricultural Preservation and RA-2 Residential Agricultural zoning districts when approved as a conditional use by the Board of Supervisors in accordance with the terms of this chapter.

A solar farm may be permitted on any Township-owned property at the sole discretion of the Board of Supervisors.

A solar farm shall comply with the minimum net lot area, minimum setback, and maximum impervious surface coverage requirements for a single-family detached dwelling in the applicable zoning district.

A security fence of at least eight feet in height must enclose the perimeter of any solar farm site.

All appropriate warning signage and signage identifying operators shall be clearly posted at the site.

All wiring and on-site power lines shall be placed underground, to the maximum extent practicable. Any wiring carrying live current that is above ground shall be clearly labeled as such.

The following shall be included in any application for conditional use approval:

If any solar farm has stopped operating for longer than one year, the Township may require that the facility be decommissioned at the owner's expense. A bond or other surety, satisfactory to the Township, shall be provided to cover the anticipated cost of deconstruction of the solar farm.

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

To the extent applicable, the wind energy conversion system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999[1] as amended, and the regulations adopted by the Department of Labor and Industry.

All electrical components of the wind energy conversion system shall conform to relevant and applicable Township, state and national codes, and relevant and applicable international standards.

The maximum height, as defined by this chapter, of a wind energy system structure, including all moving and rotating parts, shall be 72 feet. If a device is attached to an existing structure, then the maximum height of the attached wind energy device shall not exceed 72 feet, including the height of the existing structure. No wind turbine blade in any position shall be less than 12 feet from the ground surface.

No wind energy conversion system shall be installed until the Township is given proof that the local electric company is aware that a customer intends to install an interconnected, customer-owned generator. If the system is not connected to the grid, it is exempt from this requirement.

All wind turbines shall be painted a nonreflective, neutral color.

No advertising, streamers, flags, or other objects shall be attached to the wind turbines or other parts of the wind energy conversion system, except for required warning signs, identification of the owner, or objects specifically allowed in this chapter.

Unless required by the Federal Aviation Administration or other authorized body, wind energy conversion systems shall not be illuminated.

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

Noise associated with any WECS shall meet the standard contained in § 170-105K of this chapter.

Where permitted, a wind turbine shall be located in side or rear yards only.

A WECS shall be a monopole structure and shall be installed without the use of guy wires or supports other than the foundation.

The owner or operator of any WECS shall be responsible for conducting an annual inspection of the WECS with regard to its structural integrity, safety, potential impacts on neighboring properties, and any other applicable standards of this section. The inspection shall be performed by a professional acceptable to the Township. The inspection report shall be submitted to the Township and reviewed by the Township Engineer, who will consult with the owner or operator with respect to any deficiencies identified by the inspection that require mitigation.

Residential wind energy systems (RWES) shall be permitted as an accessory use in all zoning districts. A building permit is required for the installation of any system.

Setbacks.

A fence of at least eight feet must separate any RWES turbine from outside interference; this fence may be placed around the perimeter of the property or around the turbines.

A large wind energy system (LWES) shall be permitted in the AP Agricultural Preservation and GC-I General Commercial Industrial zoning districts and only when approved as a conditional use by the Londonderry Township Board of Supervisors.

The minimum net area of any lot containing an LWES shall be one acre in the AP District and 45,000 square feet in the GC-I District. The minimum gross tract or lot area in each district also shall be complied with.

Setbacks.

Wind turbines shall not be climbable up to 15 feet unless a fence of at least eight feet encloses the turbines. If an applicant chooses to use a fence, it may enclose the entire property or only the LWES.

A development plan including the following shall accompany any application for conditional use approval of an LWES: