An agritourism use may operate outdoors or in temporary tents or canopies not less than 200 feet from any property line and 300 feet from any residential structure on any other property.

An agritourism use may utilize structures located not less than 50 feet from any property line and 150 feet from any residential structure on any other property.

The Township may require at the time of conditional use application that a professional structural engineer registered in the State of Pennsylvania review the structural capacity of structures proposed for any indoor agritourism use according to the proposed maximum occupancy and submit to the Township the results of the review along with any recommended design to accommodate the proposed maximum occupancy.

Applicant shall demonstrate, at the time of conditional use application, that any agritourism use hosting more than 100 persons shall have adequate traffic control including persons directing traffic entering and leaving the agritourism use. The State Police shall be notified of the character and timing of the agritourism use upon approval of conditional use.

Applicant shall demonstrate, at the time of conditional use application, that adequate parking is available. In addition to meeting the minimum parking requirements of this chapter for the applicable host property, there shall be: one space for each employee and one space for each two persons anticipated to attend any agritourism use.

Parking on grass or temporarily mowed meadows or fields absent of steep slopes, floodplain, wetlands, or riparian buffers may be permitted for an event. Paved parking on prime agricultural soils shall only be permitted to provide for required access and handicapped parking, except where existing at the time of application. Parking areas shall be substantially screened from view from residential structures within 300 feet on any other property and from view of the Delaware River Valley Scenic Byway where applicable, pursuant to § 27-1408.

Vehicular access to any agritourism use shall not involve access via a driveway shared with any other property owner. Any access shall require PennDOT approval where applicable.

Plans for vehicular access and parking areas shall be submitted to the Township for review and comment at least two weeks prior to the scheduled conditional use hearing.

Applicant shall agree that all applicable Township noise regulations shall be complied with as a condition of conditional use approval.

The Board of Supervisors may require that any outdoor component of any agritourism use be limited to sound amplification for a public address system used for normal voice amplification where within 300 feet of any residential structure on any other property. Where applicable, acoustical music may be permitted outdoors.

Indoor music, public address systems, and entertainment may be amplified where entirely enclosed in an existing structure.

The landowner or sponsor operating any agritourism use shall be responsible to the Township for damages sustained to public property caused by participants during the event. Such additional costs and expenses shall be paid to the Township by the landowner or sponsor within five days of receipt of a bill.

The landowner or sponsor also shall be responsible for the cost of any support services required, at the sole discretion of the township, to address specific unanticipated circumstances occurring in the course of the operation of the agritourism use or where the nature of the use is not consistent with the agritourism use as approved as a conditional use. Such unanticipated circumstances may include, but are not limited to, crowd control and emergency response. Such additional costs and expenses shall be paid to the Township by the landowner or sponsor within five days of receipt of a bill. The Township shall remit appropriate funds from such payment to other impacted providers of support services.

No later than 10 days prior to commencement of a specific agritourism use or at the time of issuance or renewal of the annual use and occupancy certificate in the case of ongoing agritourism use(s), the landowner or sponsor shall provide financial security in a form acceptable to the township in an amount equal to 100% of the estimated costs associated with necessary support services.

At the close of any specific agritourism use or at the time of renewal of the annual use and occupancy certificate in the case of ongoing agritourism use(s), the actual cost of the support services, including services arising for unanticipated circumstances, shall be calculated and either additional payment made to the Township within five days or excess security released by the Township to the landowner or sponsor.

The Township may, upon showing of good cause that certain conditions or requirements as herein set forth are not applicable or would cause an unreasonable burden upon the landowner or sponsor, modify the foregoing requirements after review of the circumstances presented by the applicant for conditional use approval or landowner or sponsor.

Upon compliance with all of the requirements of this section and § 27-1704 of this chapter, the Township zoning officer shall be authorized to issue a use and occupancy certificate which shall be valid for a period of one year, unless revoked sooner for violation of any of the provisions of this chapter. The use and occupancy certificate may be renewed annually, provided that the Township has inspected the facilities utilized by the agritourism use(s) and found them to be in compliance with the provisions of this section, and any required fees for such use and occupancy certificate that may be adopted by resolution of the Board of Supervisors have been paid. In the event that the Township zoning officer determines a violation to exist, the use and occupancy certificate shall not be renewed until the violation is remedied.

The landowner or sponsor shall be responsible for any professional fees incurred by the Township associated with the review, approval and operation of the agritourism use(s), including, but not limited to, fees billed by the Township solicitor and Township engineer. The Township shall be reimbursed for applicable fees prior to or at the time of issuance or renewal of the annual use and occupancy certificate.

Sign messages shall be limited to written descriptions of the materials and/or services available on the premises;

Sign messages shall not contain any graphic or pictorial depiction of materials and/or services available on the premises;

Advertisements, displays, or other promotional materials related to specific sexual activities or anatomical areas shall not be shown or exhibited so as to be visible from the exterior of the structure;

All entrances to an adult commercial use shall include a warning sign indicating that the premises are classified as an adult commercial use.

One off-street parking space shall be provided for each overnight guest bedroom or suite and for each non-resident employee of the bed-and-breakfast use, in addition to any parking required for the residential use of the owner/manager;

If more than four parking spaces are provided within 50 feet of an existing residential dwelling on a neighboring lot zoned for residential use, the parking spaces shall be screened from view of the neighboring property;

Off-street parking for use by overnight guests or non-resident employees of the bed-and-breakfast use shall be located in side or rear yards and shall be a minimum of five feet from any property line;

Parking spaces shall be constructed pursuant to the Subdivision and Land Development Ordinance.[1]

Before providing any bed-and-breakfast use, property owners must obtain and renew annually a zoning permit for each property to be used as a bed-and-breakfast. Such zoning permit shall only be issued if the requirements of this chapter are met and continue to be met at the time of any application for renewal, and any required fees for such permit that may be adopted by resolution of the Board of Supervisors have been paid.

Upon application for a zoning permit or renewal thereof in such form as may be required by Lower Mount Bethel Township for use of a bed-and-breakfast, each applicant shall pay to the Township an annual inspection fee in accordance with the Township fee schedule resolution. A zoning permit for a bed-and-breakfast use shall not be transferred or sold and will expire upon the conveyance of the property.

The applicant for a zoning permit or renewal thereof for use of a bed-and-breakfast shall provide the Township with the opportunity to schedule and perform an annual inspection of the property to ascertain compliance with the provisions set forth herein and any other applicable regulations, including, but not limited to, property maintenance code(s), prior to the issuance or renewal of the zoning permit, as applicable.

Each application for a zoning permit or renewal thereof shall note how many guests are permitted for the bed-and-breakfast use and require the applicant to submit proof of, and remain in constant compliance with, the following:

Campgrounds may be open May 1 through October 31.

For each campground on an individual property meeting the standards herein, in the AP zoning district, there shall be a maximum of 20 registered people, including children, at any one time.

For any campground on an individual property otherwise meeting the standards herein but located in the I zoning district, the maximum number of registered people, including children, may exceed 20 at any one time.

No camper can stay at a campground for more than 14 days per month.

Minimum lot area: 12 acres;

Maximum lot coverage: 10%;

Minimum setbacks from all perimeter property lines: 250 feet;

All dogs or other pets shall be kept under the control of their owners at all times;

No sleeping quarters of any campground shall be located within the floodway;

Each campground shall provide a parking space for one automobile per four registered campers which will not interfere with the convenient and safe movement of traffic;

All facilities associated with any campground shall not collectively occupy more than 1 1/2 acre of prime agricultural land;

Campgrounds shall be accessible via a private driveway directly from a public road. Campgrounds are not permitted where the access is via a shared driveway.

Facilities shall be maintained by the designated operator or owner of the site to ensure adequate condition of roads and parking areas and safe ingress and egress to the campground.

Access roads to camp sites shall be improved with an adequate subsurface and gravel base subject to approval of the Township engineer. Paved wearing surface may be required if necessary for safety and traffic purposes.

Property lines abutting properties in other ownership must be clearly marked, for example with a fence or signs, subject to approval of the Zoning Hearing Board.

Landscaping and buffers shall be provided to provide privacy and to screen adjoining areas or view of the site from the public road and neighboring property, subject to approval of the Zoning Hearing Board.

Grading shall be provided, where necessary, to improve adverse drainage conditions affecting the campground or any camp site, subject to approval of the Township engineer.

Application for a zoning permit for the campground use must include a plan for water supply and sanitary sewer services in accordance with the Lower Mount Bethel Act 537 Plan, and indicate an ability to comply with all of the standards of this section.

No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.

No lighting shall be permitted which will shine on adjacent property.

Smoke from campfires cannot be permitted to become a nuisance to neighboring property owners.

Each campground will be billed for annual trash collection services as one residential unit, except that where campgrounds with more than 20 registered persons are permitted in the I - Industrial Zoning District, each increment of 20 registered persons or fraction thereof shall be billed as one residential unit. The Township reserves the right to bill for additional units if excessive amounts of trash are collected from the campground on a regular basis.

A directional sign not exceeding four square feet shall be permitted to indicate the location of the campground on the public road within 20 feet of the entrance to the campground.

Owners of the campground must register all campers, keep a copy of the registration for two years, and make a copy of the registration available to the Township upon request.

All camp sites and campground areas shall be maintained in compliance with the requirements of this Zoning Ordinance and with the all applicable Commonwealth of PA regulations.

Upon approval by the Zoning Hearing Board and proper installation of the campground in compliance with all of the requirements of this section, the Township zoning officer shall be authorized to issue a use and occupancy certificate which shall be valid for a period of one year, unless revoked sooner for violation of any of the provisions of this chapter. The use and occupancy certificate may be renewed annually, provided that the Township has inspected the facility and found it to be in compliance with the provisions of this section. In the event that the Township zoning officer determines a violation to exist, the use and occupancy certificate shall not be renewed until the violation is remedied. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each annual renewal of the use and occupancy certificate. Such fee shall be based upon the cost of the annual review of the use and occupancy certificate.

The applicant shall be responsible for any professional fees incurred by the Township associated with the review, approval, use, or termination of the campground, including, but not limited to, fees billed by the Township solicitor and Township engineer. The Township shall be reimbursed for applicable fees prior to or at the time of issuance or renewal of the annual use and occupancy certificate.

Multiple burial vaults may be placed in a single plot (i.e., one atop the other) subject to conformance with all design criteria herein;

No vault shall be located less than three feet beneath the finished 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 as determined by the Township;

All burial vaults shall be placed such that the minimum horizontal separation between vaults is no less than two feet. The provision shall not apply to burial vaults completely enclosed within a mausoleum.

A master plan identifying the overall layout of plots, internal road network, buildings, a landscape plan, and other improvements, including dimensions to sufficiently ascertain their locations, and which demonstrate compliance with the requirements herein satisfactory with the Township engineer;

A valid permit issued from the Pennsylvania Department of Health, when applicable;

A narrative of how the cemetery, columbaria, mausoleum or mortuary will be developed and maintained, including provision for adequate financial resources to guarantee ongoing maintenance.

The stone and wood barns, bank barns, and associated agricultural structures found throughout the Township are an important element of the rural and historic identity of Lower Mount Bethel Township. In the interest of preserving such identity, these regulations have been developed.

The Township recognizes that, in spite of their aesthetic appeal, many of the older agricultural structures are no longer of a suitable size or configuration to accommodate modern agricultural operations. In light of this fact, these regulations have been developed to accommodate alternate, non-farm uses within such structures, thereby providing an economically feasible use for such structures, supporting their restoration, preservation, and continued presence in the community.

Throughout this section, the term "agricultural structure" shall mean buildings traditionally found on a farm property, including, but not limited to, barns and bank barns, silos, springhouses, summer kitchens, dwellings and carriage houses, and constructed primarily of stone, stucco-faced stone, or wood.

Agricultural structures eligible for conversion shall be structurally sound, or, if not sound at the time of conditional use application, one condition of approval for conversion shall be presentation of plans or an engineering or architectural report by the applicant showing how the said structure shall be restored to sound condition. At the time of issuance of any building or zoning permit or approval of any conditional use application, this condition shall be included in such permit or order of conditional use approval.

Single-family detached dwellings, single-family semi-detached dwellings, two-family dwellings, and multifamily dwellings.

Professional or business office.

Retail establishment involving the sale of goods or services to the general public.

Artist's studio.

Woodworking and furniture-making.

Light manufacturing or assembly operations.

Any other use permitted by right, special exception, or conditional use within the applicable zoning district.

Any combination of the above uses.

Municipal use.

Conversions shall comply with all applicable Township ordinances and state laws and regulations.

Any conversions involving or requiring a subdivision or land development shall comply with any applicable provisions set forth in the zoning district where the conversion is located, including lot area standards, and with the Lower Mount Bethel Township Subdivision and Land Development Ordinance.[1] Where compliance with dimensional requirements is not feasible, appropriate subdivision modifications or zoning variances must be obtained.

Provisions for water supply and sewage disposal shall conform to all applicable Township ordinances and shall satisfy the requirements of the Pennsylvania Department of Environmental Protection and the Township sewage enforcement officer.

No more than two agricultural structures existing prior to August 7, 2010, may be converted under this section on any single property. Upon approval via conditional use of conversion under this section, any further conversion shall be restricted via deed restriction or conservation easement imposed upon the property and in a manner required and approved by the Township as a condition of any such approval.

No conversion will be permitted unless there is a lot area of at least one acre per each converted principal use. Each individual residential dwelling unit and each other principal use permitted upon the property shall be considered a single and separate converted use.

No residential conversion may include any dwelling unit less than 600 square feet in area.

Where any permitted converted use requires parking and loading areas in addition to the existing parking and loading areas, then such areas shall be screened from view from any neighboring residential properties or residentially zoned properties, in accordance with § 27-1408.

Exterior alterations, including reconstruction where necessary, due to conversion of an agricultural structure shall preserve the general appearance of the existing or original structure, enhancing the aesthetic qualities of the structure and the property in the rural style. This requirement shall be reflected in structural additions, alterations, and repairs, and in cladding materials (including color) of the finished conversion. Enclosed additions greater than 10% of the footprint of the existing structure shall not be permitted except to comply with building code or safety requirements.

It is recognized that agricultural structures may be nonconforming structures, especially in regard to required yard areas and other dimensional limitations. Conversions shall not be required to correct such pre-existing non-conformities, but shall neither expand nor increase any non-conformity nor create any new non-conformity, except as necessary to comply with building code or safety requirements.

If agricultural activity is to continue in proximity to a converted structure, the conversion shall be designed to minimize conflicts between the new use and the existing agricultural uses.

Indoor play areas shall provide a minimum of 50 square feet per child. Outdoor play areas shall be designed to provide a minimum contiguous outdoor play area of 2,000 square feet, or 100 square feet per child, whichever is greater.

Outdoor play areas shall be entirely enclosed by a fence a minimum of five feet in height, or other barrier suitable to prevent children from crossing the property line or neighboring street, and shall not include driveways, parking areas or land unsuited for active recreation due to slope or wet soil conditions.

Outdoor play areas shall be set back a minimum of 10 feet from side and rear property lines and shall be screened from view of neighboring residential properties, pursuant to § 27-1408.

Applications for a child day-care center shall include a letter from the Pennsylvania Department of Public Welfare that all of the requirements of Chapter II, Section 8A of the Department's Social Services Manual on Regulations for child day-care centers have been met.

A minimum indoor recreation area of 500 total square feet or 75 square feet per adult, whichever is greater, shall be provided;

Only Commonwealth of Pennsylvania approved adult day care facilities will be permitted. The Pa. Department of Aging approves licenses for qualifying facilities. Commonwealth standards establish the client capacity based on the qualifying building space provided for this use.

Off-street parking and passenger loading and unloading spaces shall be provided in accordance with the provisions of § 27-1411, Subsection 3.B. and shall be so designed to accommodate the on-lot pickup and dropoff of children or adults without interference with traffic flow on any adjacent street or road, subject to Township approval;

Prior to issuing of a permit by the Township zoning officer, the applicant shall have received and hold all pertinent approvals from the Township and approvals and licenses from appropriate state or county agencies as a condition of permit approval and continuation;

The applicant shall provide evidence that he or she will construct or renovate, as applicable, and operate the facility in accordance with the standards of the Commonwealth. A copy of the approved license shall be provided to the Township when the facility is completed prior to the initiation of business.

The parcel on which the heliport or helipad is to be located and the design of the heliport or helipad have been approved by the Pennsylvania Bureau of Aviation and the Federal Aviation Administration; and

The heliport or helipad has received any and all required licenses from applicable state and federal government agencies, including, but not limited to, licenses from the Pennsylvania Department of Transportation (AV-4 and AV-6 licenses).

The landing surface shall be paved, substantially level, and shall be at least 60 feet square or, in the case of a circle, shall be at least 60 feet in diameter. Except for rooftop pads, a secondary perimeter area, a minimum of 30 feet in width, shall contain a gravel or grass cover;

Both the landing surface and secondary perimeter shall be well-maintained and shall be kept dirt-free to preclude blowing dust or debris caused by rotor downwash, and shall contain no structures or other obstacles other than those required for safety purposes;

The landing surface of the heliport or helipad, the secondary perimeter area, and any area where helicopters are stored, shall be surrounded by a fence and locked, as appropriate, to prevent entry by non-authorized persons. Said fence shall be at least eight feet in height and located so as to avoid safety issues with rotor clearance.

A health care network and/or hospital to respond to a medical emergency;

Law enforcement; and/or

Public utility providers.

The Pennsylvania Bureau of Aviation, the Federal Aviation Administration, and/or any other state or federal agency regulating the use, construction, operation, and maintenance of a heliport or helipad revokes or suspends any license required to use, construct, operate or maintain the heliport or helipad;

Thirty days after the Township zoning officer has notified the zoning permit holder in writing that the site is no longer in compliance with the requirements set forth herein for the initial granting of the zoning permit, the alleged defect has not been cured; or

The Township receives notice that the heliport or helipad is being operated in violation of state or federal law.

Home occupations shall be limited to the employment on the premises of not more than two persons not resident therein, in addition to the resident(s), at any one time.

Where employee or customer visits are anticipated, off-street parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood and shall be screened from view of neighboring residential properties. Off-street parking, inclusive of required residential parking, shall not exceed five spaces. No commercial vehicles shall be parked outdoors overnight.

The area utilized for the conduct of a home occupation shall not exceed 25% of the total floor area of the principal dwelling unit, regardless of whether the home occupation is carried out within that dwelling or in an accessory building, except where greater area is approved by the Zoning Hearing Board as a condition of special exception approval.

The appearance of the residential structure or accessory structure(s) shall not be altered or constructed, nor the occupation be conducted, in such a manner which would cause the premises to differ from its residential character by the use of materials, construction, lighting, show windows, signs, or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter. No interior display of goods shall be visible from outside the structure(s).

Home occupations shall be subject to the following limitations:

Office use exceeding the standards for no-impact home-based business but complying with all standards herein.

Personal services, including, but not limited to, beauty parlors and barber shops may be permitted as a home occupation provided that no more than two stylist or barber chairs are provided and all other provisions of this chapter are met.

Instructional services may be permitted as a home occupation where approved by the Zoning Hearing Board as a special exception and provided that a maximum of two musical students may be instructed at any one time. Non-music instruction shall be limited to no more four students at any one time and no more than two trips per hour.

Home Day Care. Home day care for the care and supervision of no more than five children or adults, including those related to the caregiver, shall be permitted as a home occupation where approved by the Zoning Hearing Board as a special exception and when in compliance with the provisions set forth below and all other applicable requirements; care of more than five children or adults shall be considered a principal use and shall comply with the standards for child or adult day care center (see § 27-1514):

Automotive fluids (including gasoline, oil, antifreeze, brake, transmission fluids, and similar fluids), freon, and other flammable or toxic substances shall be removed from any junk or other items stored on the premises and shall be properly containerized and stored. Such materials shall not be released into the air or deposited on or into the ground or watercourses and shall be either used, transported and disposed of, or recycled in accordance with applicable regulations;

Automotive batteries shall be removed from junked vehicles and properly stored until they are either used, disposed of, or recycled;

Removal of such fluids, batteries, and other hazardous materials shall take place on an impervious surface where they can be properly contained without danger of spilling or being transported into the ground.

Individual tire storage piles shall not cover a surface area of greater than 1,000 square feet;

Firebreak corridors of at least 50 feet in width shall be maintained on all sides of tire piles. No point in the pile shall be more than 25 feet from a firebreak. Firebreaks may include accessways and shall be kept free from obstructions that could limit access in the event of an emergency. Vegetation within the firebreak corridor shall be maintained below six inches in height.

Specific Bedroom Accommodation. The owner of an owner-occupied single-family detached dwelling may rent no more than two bedrooms to transient visitor(s) for a period of not less than 24 hours and not more than 30 consecutive days to the same visitor. Under this arrangement, the owner must occupy the residence during the stay of the transient visitor.

Entire Residential Unit Accommodation. An owner may rent his, her or their primary single-family detached residence to transient visitor(s) for a minimum period of two consecutive days, not to exceed 30 consecutive days to the same visitor(s). Under this type of arrangement, the owner may, but is not required to, remain on the premises during the stay of the transient guests. If the owner does not remain on the premises, the transient visitor(s) will be provided with an appropriate local contact number for the owner or the owner's designated contact person if the owner shall be in excess of 30 miles away from the rented property.

For both options, the owner may rent their single-family detached dwelling to transient visitors for no more than 180 total days per year.

Before providing any short-term lodging, property owners must obtain and renew annually a zoning permit for each property to be used as a short-term lodging facility. Such zoning permit shall only be issued if the requirements of this chapter are met and continue to be met at the time of any application for renewal, and any required fees for such zoning permit that may be adopted by resolution of the Board of Supervisors have been paid.

Upon application for a zoning permit or renewal thereof in such form as may be required by Lower Mount Bethel Township for use of a short-term lodging facility, each applicant shall pay to the Township an annual inspection fee in accordance with the Township fee schedule resolution. A zoning permit for a short-term lodging facility shall not be transferred or sold and will expire upon the conveyance of the property.

The applicant for a zoning permit or renewal thereof for use of a short-term lodging facility shall provide the Township with the opportunity to schedule and perform an annual inspection of the property to ascertain compliance with the provisions set forth herein and any other applicable regulations, including, but not limited to, property maintenance code(s), prior to the issuance or renewal of the zoning permit, as applicable.

Each application for a zoning permit or renewal thereof shall note how many lodgers are permitted for short-term rental and require the applicant to submit proof of, and remain in constant compliance with, the following:

The property shall remain residential with a single-family detached dwelling and permitted accessory structures as applicable.

No more than six transient visitors shall be permitted at any short-term lodging facility at any time except for children under 16 years of age accompanying their parents.

No more than two persons shall be permitted per room available to transient visitors, except for children under 16 years of age accompanying their parents.

Off-street parking shall be provided as follows:

Nothing in this chapter shall allow the holder of the zoning permit for a short-term lodging facility to make the short-term lodging facility available for use by a transient visitor or guest for nonresidential purposes, such as, but not limited to, the lease or use of the property as reception space, party space, meeting space, office space or for other similar events open to the transient guests.

A short-term lodging facility shall be either of the types set forth in Subsection 1.A., above, for the entire duration of the annual zoning permit unless a new zoning permit for a short-term lodging facility is obtained and all required fees are paid. No short-term lodging facility may change or mix the type of transient accommodation(s) during the effective annual period of the applicable zoning permit.

There shall be no separate cooking facilities in any overnight guest room, however the owner may make kitchen and dining facilities and other common residential facilities available for the use of the transient visitors.

The applicant shall prove to the satisfaction of the Township that any existing municipal or private sewer system or on-lot septic system can accommodate the maximum potential usage. The Township may require that a secondary tested site is available for a replacement system should the existing system fail.

The short-term lodging facility shall not adversely affect the character of the surrounding area. Short-term rental may not generate noise, vibration, glare, odor or other effects that unreasonably interfere with a person's enjoyment of his or her neighborhood.

The owner shall be responsible for the safety and welfare of all transient visitors and guests, preserving the peace and quiet of the community within which the short-term lodging facility is found from noises or disruptions caused by any transient visitor or guest, and for maintaining the property in accordance with all laws, regulations and ordinances, and promptly report those persons violating the same to the responsible Township official for enforcement purposes.

There shall be no physical changes to the premises so that it no longer looks like a single-family detached dwelling, such as constructing a separate entrance for the use of the transient visitor or guest or installing a sign. The only exterior changes permitted to portions of buildings visible from a public street shall be for historic restoration, cosmetic repairs, or as may be required in compliance with the Township Building Code, by the Pennsylvania Department of Labor and Industry or for safety reasons, or as may otherwise be required by any governmental agency. All fire escapes, external stairways, or additional external doors as may be required shall be located either to the side or rear of the residence.

All active recreation activities shall cease at dusk. Active outdoor recreation amenities, such as a swimming pool or tennis court, shall not be lit and the use of such amenities shall be limited to the hours of 9:00 a.m. to dusk.

The use of any amenities, such as a swimming pool or tennis court, shall be restricted in use to overnight guests and permanent residents of the establishment and their occasional invited guests.

All trash receptacles shall be screened from view from public streets and neighboring properties.

The owner of the short-term lodging facility must maintain a ledger which details the length of stay of each transient visitor and present same to the Township zoning officer when requested.

The owner of the short-term lodging facility must comply with any applicable local, county, state and federal laws and regulations regarding all applicable permits, including, but not limited to: Fire, Health, Safety and Building codes, and including payment of any applicable taxation.

A special event venue may operate outdoors or in temporary tents or canopies not less than 200 feet from any property line and 300 feet from any residential structure on any other property.

A special event venue may utilize structures existing as of August 7, 2010, which may be functionally altered or renovated for such use where not less than 50 feet from any property line and 150 feet from any residential structure on any other property. Alteration and renovation of structures existing as of August 7, 2010, shall not increase the area in total square feet of such structures by more than 25%. Applicants proposing any structural expansion shall demonstrate, at the time of conditional use application, that such expansion reasonably conforms architecturally to the appearance of the pre-existing structure(s) or is necessary for compliance with applicable building codes or handicapped access requirements.

The Township may require at the time of conditional use application that the applicant engage a professional structural engineer registered in the Commonwealth of Pennsylvania review the structural capacity of structures proposed for event use according to the proposed maximum occupancy (harmonic loads (dancing) are to be considered a factor) and submit to the Township the results of the review along with the recommended design to accommodate the proposed maximum occupancy.

Applicant shall demonstrate, at the time of conditional use application, that any event hosting more than 50 persons shall have adequate traffic control including persons directing traffic entering and leaving the event and valet parking if deemed necessary. At least two days prior to the commencement of any such event, the Township and State Police shall be notified.

Applicant shall demonstrate, at the time of conditional use application, that adequate parking is available. In addition to meeting the minimum parking requirements of this chapter for the applicable host property, there shall be: one space for each employee and one space for each two persons attending any event.

Parking on grass or temporarily mowed meadows or fields absent of steep slopes, floodplain, wetlands, or riparian buffers may be permitted for an event. Paved parking on prime agricultural soils shall only be permitted to provide for required access and handicapped parking, except where existing at the time of application. Parking areas shall be substantially screened from view from residential structures within 300 feet on any other property and from view of the Delaware River Valley Scenic Byway where applicable, consistent with § 27-1408.

Vehicular access to any special event venue shall not involve access via a driveway shared with any other property owner. Any access shall require PennDOT approval where applicable.

Plans for vehicular access and parking areas shall be submitted to the Township for review and comment at least two weeks prior to the scheduled conditional use hearing.

Applicant shall agree that all applicable Township noise regulations shall be complied with as a condition of conditional use approval.

The Board of Supervisors may require that any outdoor component of any event be limited to acoustical music only where within 300 feet of any residential structure on any other property. Sound amplification for a public address system used for normal voice amplification only shall be permitted outdoors where all other standards, including noise regulations, are complied with.

Indoor music, public address systems, and entertainment may be amplified where entirely enclosed in an existing structure.

The landowner or sponsor holding any event shall be responsible to the Township for damages sustained to public property caused by participants during any event. Such additional costs and expenses shall be paid to the Township by the landowner or sponsor within five days of receipt of a bill.

The landowner or sponsor also shall be responsible for the cost of any support services required, at the sole discretion of the Township, to address specific unanticipated circumstances occurring at the event or where the nature of the event is not consistent with the use of the special event venue as approved as a conditional use. Such unanticipated circumstances may include, but are not limited to, crowd control and emergency response. Such additional costs and expenses shall be paid to the Township by the landowner or sponsor within five days of receipt of a bill. The Township shall remit appropriate funds from such payment to other impacted providers of support services.

No later than 10 days prior to a single special event hosting more than 100 persons, if occasional, or at the time of issuance or renewal of the annual use and occupancy certificate in the case of ongoing use of the special event venue, the landowner or sponsor shall provide financial security in a form acceptable to the Township in an amount equal to 100% of the estimated costs associated with necessary support services.

After the conclusion of any single, occasional use of the special event venue hosting more than 100 persons, or at the time of renewal of the annual use and occupancy certificate, as applicable, the actual cost of the support services, including services arising for unanticipated circumstances, shall be calculated and either additional payment made to the Township within five days or excess security released by the Township to the landowner or sponsor, as applicable.

The Township may, upon showing of good cause that certain conditions or requirements as herein set forth are not applicable or would cause an unreasonable burden upon the landowner or sponsor, modify the foregoing requirements after review of the circumstances presented by the landowner or sponsor for conditional use approval.

Upon compliance with all of the requirements of this section, the Township zoning officer shall be authorized to issue a use and occupancy certificate which shall be valid for a period of one year, subject to any required fees for such use and occupancy certificate that may be adopted by resolution of the Board of Supervisors having been paid, unless revoked sooner for violation of any of the provisions of this chapter. The use and occupancy certificate may be renewed annually, provided that the Township has inspected the facility and found it to be in compliance with the provisions of this section. In the event that the Township zoning officer determines a violation to exist, the use and occupancy certificate shall not be renewed until the violation is remedied.

The landowner or sponsor shall be responsible for any professional fees incurred by the Township associated with the approval and use of the special event venue, including, but not limited to, fees billed by the Township solicitor and Township engineer. The Township shall be reimbursed for applicable fees prior to or at the time of issuance or renewal of the annual use and occupancy certificate.

No landowner, sponsor, other person, association, firm, corporation, or other entity (hereinafter termed "sponsor") shall conduct any temporary event as defined in Part 2 without first having obtained a zoning permit from the Township.

The sponsor shall submit an application for a temporary event zoning permit to the Township no less than 30 days prior to the subject event. The application shall include an itemized estimate of the cost of support services necessary to facilitate the temporary event, including any other information requested by the Township. The Township may waive the requirement of 30 days' advance notice for essentially spontaneous temporary events for celebrations important to the Township, the Commonwealth of Pennsylvania, or the nation.

Township review of the application for a temporary event permit shall include evaluation of the proposed event based on the following criteria and factors:

Approval of a temporary event zoning permit shall be made by the Township zoning officer and shall include conditions requiring coverage of any costs for support services and/or anticipated impacts to public or private property or roadways, and any required fees for such zoning permit that may be adopted by resolution of the Board of Supervisors having been paid. If the Township via the Township zoning officer denies the temporary event zoning permit, the notification to the sponsor shall include the reasons for denial.

Approval to conduct a temporary event in accordance with this permit process and standards does not relieve the sponsor or any participants, including, but not limited to, peddlers, vendors, or exhibitors, from the responsibilities of applying for any other permits or licenses, complying with federal or state law, or meeting any other requirements of the Township's ordinances that may be applicable.

All temporary event sponsors shall obtain liability insurance in the amount denoted on the application, which may change from time to time, with the Township named as an additional insured, or a larger amount in the discretion of the Township. The insurance shall satisfy all insurance requirements for the Township for holding the temporary event.

All required permits, licenses, security deposits, fees, insurance policies or any other conditions indicated on the zoning permit shall be obtained no later than 10 days prior to the commencement of the temporary event.

The sponsor holding the temporary event shall be responsible to the Township for damages sustained to public property caused by participants during the event. Such additional costs and expenses shall be paid to the Township by the sponsor within five days of receipt of a bill.

The sponsor also shall be responsible for the cost of any support services required, at the sole discretion of the Township, to address specific unanticipated circumstances occurring at the temporary event related to larger crowd numbers than projected by the sponsor, or where the nature of the event is not consistent with the temporary event as applied for by the sponsor. Such unanticipated circumstances may include, but are not limited to, crowd control and emergency response. Such additional costs and expenses shall be paid to the Township by the sponsor within five days of receipt of a bill. The Township shall remit appropriate funds from such payment to other impacted providers of support services.

No later than 10 days prior to the commencement of the temporary event, the sponsor shall provide financial security in a form acceptable to the Township in an amount equal to 100% of the estimated costs associated with necessary support services, as set forth in the zoning permit.

The sponsor also shall be responsible for any professional fees incurred by the Township associated with the review of the zoning permit application and plans for the temporary event, including, but not limited to, fees billed by the Township solicitor and Township engineer.

At the close of the temporary event, the actual cost of the support services, including services arising for unanticipated circumstances, shall be calculated and either additional payment made to the Township within five days or excess security released by the Township to the sponsor.

The Township may, upon showing of good cause that certain conditions or requirements as herein set forth are not applicable or would cause an unreasonable burden upon the sponsor, modify the foregoing requirements after review of the circumstances presented by the sponsor.

The terminal, storage, warehouse, or transfer facility shall provide access for all drivers and crews to sanitary facilities including a lavatory, and to a habitable room for the consumption of meals and beverages.

At least one additional amenity such as showers, sleeping areas, entertainment area, etc., shall be provided for every terminal, storage, warehouse, or transfer facility with 30 or more loading docks. The size and quantity of such amenities shall be appropriate and proportionate to the number of loading docks.

Electrical outlets and charging stations shall be provided for use by drivers and operators at each parking space dedicated to amenity use at the terminal, storage, warehouse, or transfer facility.

Appropriate signage shall be provided at the terminal, storage, warehouse, or transfer facility to direct trucks to park in designated amenity parking spaces.

Appropriate signage shall be provided at the terminal, storage, warehouse, or transfer facility prohibiting idling of trucks unless required for safety or weather-related reasons, in compliance with the 2008 Pennsylvania Diesel Idling Law.[1]

Accommodate the need for transmission pipelines and surface land uses affiliated with transmission pipelines consistent with the desire to protect the health, safety and welfare of the citizens of the Township;

Recognizing that it is impossible to eliminate risk entirely, this section is intended to minimize the likelihood of accidental damage to transmission pipelines due to external forces, such as construction activity and equipment;

Minimize aesthetic, nuisance and visual impacts of surface land uses affiliated with transmission pipelines through proper design, siting and vegetative screening;

Ensure that the location of transmission pipelines and surface land uses affiliated with transmission pipelines are in compliance with applicable government and industry standards, including standards administered by the Federal Energy Regulatory Commission (FERC), the Pennsylvania Oil and Gas Act (as amended), and Pennsylvania case law;

Preserve the character of neighborhoods adjacent to surface land uses affiliated with transmission pipelines.

Existing or proposed transmission pipelines and surface land uses affiliated with transmission pipelines shall be permitted as a principal use by right in the AP - Agricultural Preservation District and the I - Industrial Zoning District.

Existing or proposed transmission pipelines and surface land uses affiliated with transmission pipelines shall be permitted as a principal use in all other zoning districts where underground pipelines exist as of the date of adoption of this section and where any proposed transmission pipeline or affiliated facility is located immediately adjacent to and along the route of an existing pipeline.

New residential buildings and all new commercial, and institutional uses other than those surface uses affiliated with transmission pipelines shall be set back a minimum of 400 feet from any existing or proposed transmission pipeline and any surface land uses affiliated with transmission pipelines.

Unoccupied residential or nonresidential accessory uses, such as, but not limited to, detached garages, parking areas, barns, storage facilities or garden sheds, shall not be located within 200 feet of any pipeline or related surface land uses or other facility.

Proposed transmission pipelines and associated facilities shall be set back a minimum of 400 feet from any existing principal residential, commercial, or institutional use and 200 feet from any unoccupied residential or nonresidential accessory uses except where located immediately adjacent to and along the route of an existing pipeline.

All uses subject to the provisions of this section shall meet the dimensional requirements, including, but not limited to, area and bulk standards, of the underlying district. Where yard area or other setbacks of the underlying zoning district differ from the standards set forth herein, the larger of the setbacks shall apply.

All uses subject to the provisions of this section shall comply with applicable provisions of the Lower Mount Bethel Township Act 167 Stormwater Management Ordinance,[1] the Lower Mount Bethel Township Subdivision and Land Development Ordinance,[2] and with applicable standards set forth in Part 14, Common Regulations, notably including standards for landscaping, noise, odor, parking, lighting and signage, except as otherwise provided herein.

No activity or grading within the pipeline setback shall create permanent depressions or areas in which flammable or explosive materials may collect or accumulate; examples include but are not limited to grading for structures, stormwater management facilities or landscape beds. Furthermore, pipeline rights-of way shall be identified and protected during construction by erecting suitable temporary barricades (non-disturbance fencing or silt fencing) and posting notices on-site.

Any applicant for transmission pipeline(s) or any surface land use(s) affiliated with any transmission pipeline shall include an emergency access plan for such facilities satisfactory to the Township and its respective emergency service providers.

State and Federal Regulation. All applicants for other than structures unaffiliated with transmission pipelines, whether commercial pipeline companies or otherwise, must demonstrate the submission of sufficient filings and/or receive sufficient approvals, as required, through the Federal Energy Regulatory Commission (FERC), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Commonwealth of Pennsylvania [the Pennsylvania Department of Environmental Protection (PADEP) and/or the Pennsylvania Public Utilities Commission (PA PUC)]. Such documentation is not required as part of any initial application to the Township, but must be included with the final as-built plans submitted upon approval by the Township.

Signage. All signs, other than utility identification signs, appropriate warning signs, or owner identification signs, shall be prohibited along the route of any transmission pipeline. There shall be no antennas, advertising, or other items or material affixed to or otherwise placed on surface land uses affiliated with transmission pipelines, except as permitted by the Township.

Additional Standards for Affiliated Surface Land Uses.

Any transmission pipeline that is no longer licensed and active shall be removed or rendered permanently inactive with flowable fill within 180 days of the last date that the facility was licensed by the PADEP and FERC.

Any surface land uses affiliated with transmission pipelines that are no longer licensed and active shall be removed and the site restored to its original condition at the owner's expense within 180 days of the last date that the facility was licensed by the PADEP and FERC.

A bond or escrow account shall be posted with the Township in an amount sufficient to ensure any required removal and site restoration prior to the construction of any facility. The applicant shall have prepared and submit to the Township to accompany the bond or escrow account, an estimate of the cost necessary to remove the facilities and restore the site to its preconstruction condition where required.

All WCFs permitted by conditional use approval shall be located at least 500 feet horizontally from any principal residential structure and 300 feet from the Delaware River Valley Scenic Byway.

The minimum horizontal separation distance between any WCF and any road right-of-way and/or property line shall be equal to 120% of the height of the proposed WCF.

No part of any WCF shall be located within any road right-of-way;

For all wireless support structures and WCF towers that are more than 40 feet in height, the landowner or applicant shall submit a soil report to the Township engineer verifying that the design specifications of the foundation for the wireless support structure and anchors are sufficient and structurally stable and in compliance with all federal, state and local ordinances, laws, regulations, codes and standards and include anticlimbing devices.

Approval of any wireless support structures and WCF towers that are more than 40 feet in height shall be conditioned on the landowner or applicant providing, prior to issuance of a building permit, a certification from a licensed professional engineer that the wireless support structures and/or WCF tower have been designed to withstand the effects of wind according to the standards promulgated by the American National Standards Institute.

In no event, shall the total height of a wireless support structure, WCF tower, or antenna, as applicable, exceed 120 feet in height.

No WCF facilities shall be located on a lot that is less than two acres in size.

Any conditional use application for a WCF and accessory facilities shall include submission of a landscaping and screening design complying with § 27-1408 to ensure that the WCF equipment compound, accessory WCF equipment or other equipment or any other accessory facilities on the ground are screened from public view.

The landowner or applicant for a WCF and accessory facilities shall prove, to the reasonable satisfaction of the Board of Supervisors, at least one of the following:

The landowner or applicant for a WCF and accessory facilities shall prove, to the reasonable satisfaction of the Board of Supervisors, that the WCF must be located where it is proposed, with no other viable alternative location, and that the proposed height is necessary to serve the relevant service area;

The landowner or applicant for a WCF and/or accessory facilities proposed to be located in the AP - Agricultural Preservation District, shall prove, to the reasonable satisfaction of the Board of Supervisors, that the WCF and/or accessory facilities will be located on the least agriculturally productive land, as ranked in § 27-404, Subsection 2.D.(2).

Where a WCF and/or accessory facilities is/are located on a property with another principal use, the landowner or applicant shall present documentation to the Board of Supervisors that the property owner has granted an easement or license for the proposed WCF which shall include vehicular access to the equipment;

The landowner or applicant shall demonstrate that it provided written notice of the proposed WCF (and shall include a copy of the conditional use application) to all owners of every property located within 500 feet of the property on which the proposed WCF is located, said written notice shall be provided on the same day that the conditional use application is submitted to the Township. Thereafter, at least 14 days prior to the conditional use hearing, the landowner or applicant shall provide written notice of the date and time of the hearing by certified mail, return receipt requested, to all owners of every property located within 500 feet of the property on which the proposed WCF is located and to any person who has made a timely request for notice. As part of the landowner's or applicant's presentation at the conditional use hearing, the landowner or applicant shall submit proof that notice of the conditional use hearing was provided as required by this section.

All wireless support structures, WCF towers and antennas shall comply with federal and state laws and regulations concerning aviation safety.

All wireless support structures, WCF towers, and WCF equipment compounds shall be secured with a fence that has a minimum height of eight feet.

Access to WCFs and accessory facilities:

All WCFs shall employ stealth technology, subject to reasonable approval by the Board of Supervisors.

Any landowner or applicant for a WCF or accessory facilities shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the amount of $1,000,000 per occurrence covering the WCF and its accessory facilities;

Every applicant, landowner or operator of a WCF and/or its accessory facilities shall, at its sole cost and expense, execute an agreement, in a form reasonably satisfactory to the Township solicitor, wherein the applicant, landowner or operator agrees, at its sole cost and expense, to indemnify, defend and hold harmless the Township, its elected and appointed officials, employees, independent contractors, appointees, solicitors, engineers, representatives, insurers, agents, successors and assigns at all times against any and all claims, expenses, costs (including, without limitation, attorneys' fees and other costs and expenses incurred, including expert witness fees), losses, demands and damages for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the applicant, landowner or operator, its officers, agents, employees or contractors, arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF and/or its accessory facilities.

All WCFs shall be sited, designed, constructed, operated, inspected, maintained, repaired, modified, removed and replaced in strict compliance with the then-current applicable federal, state and local technical and safety codes, laws, ordinances and regulations.

All WCFs shall be operated in accordance with all applicable FCC and other applicable rules and regulations regarding interference with public safety communications and/or the reception of broadband, television, radio or other communications services.

All WCFs shall be designed to accommodate both the applicant's, landowner's or operator's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs, the applicant, landowner or operator shall agree to i) allow other service providers to collocate antennas on the tower, subject to technological and economic feasibility; and, ii) allow emergency service responders (i.e., Township, fire company, EMS providers) to collocate antennas on the tower at no cost, subject to technological feasibility.

All WCFs shall include a posted sign that is at least 12 inches by 24 inches. The posted sign shall be placed on the fence surrounding the wireless support structure and equipment compound. Such signage shall include the ownership, contact name and phone number in the event of an emergency and FCC registration number (if applicable). Such signage shall not include any commercial advertising and is subject to approval by the Township.

Towers shall not be artificially lighted beyond what is required by then-applicable federal, state or local law.

All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repairs. Maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of Township residents. All maintenance activities shall utilized the best available technology for preventing failures and accidents.

The Township reserves the right to inspect any WCF to ensure compliance with all local, state, and federal laws, ordinances, regulations, and statutes. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure compliance.

All unused or abandoned tower-based WCFs and accessory equipment shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township;

If any WCF and/or accessory equipment is not removed within six months of the cessation of the operations at a WCF site, or within any longer period approved by the Township, the WCF and accessory equipment may be removed by the Township and the cost of the removal assessed against the landowner and/or the owner or operator of the WCF;

Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. Any operation must seek Township approval of all replacements of portions of a tower-based WCF previously removed.