Middle Smithfield Township, PA Zoning Ordinance

These supplementary regulations shall apply to the specific uses below.

§ 040-010 Public utilities.

The MPC provides that zoning is not applicable to any existing or proposed building, or extension thereof, used, or to be used, by a public utility corporation, if upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. Where such authority is provided by state law, the PUC may issue a certificate of convenience and determine that zoning regulations shall not apply.

§ 040-020 Agriculture.

The MPC expressly recognizes the limited preemption of municipal zoning regulations of agriculture by the Act of May 20, 1993 (P.L. 12, No. 6) known as the Nutrient Management Act, the Act of June 30, 1981 (P.L. 128, No. 43) known as the Agricultural Area Security Law, the Act of June 10, 1982 (P.L. 454, No. 133) known as An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances Under Certain Circumstances, the Right to Farm law, and other state and federal laws, all as amended from time to time. The MPC further provides that "zoning ordinances may not restrict agricultural operations or changes to or expansions of agricultural operations in geographic area where agriculture has traditionally been present unless the agricultural operation will have a direct adverse effect on the public health and safety." The Agriculture, Communities and Rural Environment Initiative (ACRE) amending Title 3 (Agriculture) also provides additional limited preemptions from municipal zoning regulations. [Note: See 3 P.S. § 1717, 3 P.S. § 911(b), 3 P.S. § 951 et seq., 53 P.S. § 10603(b), 53 P.S. § 10603(h) and Act 38 of 2005, respectively.]

§ 040-030 Mineral extraction.

See § 603(b) of the MPC, in addition to the regulations of this Chapter 200, Zoning, of the Middle Smithfield Township Code of Ordinances.

§ 040-040 Forestry.

Pursuant to the MPC, forestry activities are a permitted use by right in all zoning districts within the municipality. [Note: See 53 P.S. § 10603(f).]

§ 040-050 No-impact home-based business.

Pursuant to the MPC, no-impact home-based businesses are permitted by right in all residential districts within the Township, except that such permission shall not supersede any deed restriction, covenant and/or agreement restricting the use of land, nor any master deed, by-law, or other document applicable to a common interest ownership community. [Note: See 53 P.S. § 10603(1).]

§ 040-060 Religious institutions.

It is the intention of the Township to regulate religious institutions in compliance with the federal Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") [Note: See 42 U.S.C § 2000cc et seq.] which, in summary, provides that no township may impose or implement land use regulations in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless certain criteria is met; as well as the Pennsylvania Religious Freedom Protection Act ("RFPA")[1] which, in summary, provides that no township shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination, and, pursuant to the MPC, the display of religious symbols on property being used for religious purposes may not be unduly restricted.

[1]

Editor's Note: See 71 P.S. § 2401 et seq.

§ 040-070 Group homes and age-restricted housing.

This Township, through zoning regulations, and procedures and practices, intends to make reasonable accommodations to afford any individual equal opportunity to use and enjoy a dwelling in compliance with the federal Fair Housing Act and the Pennsylvania Human Relations Act, as both may be amended from time to time. Both Acts exempt from this prohibition on discrimination "housing for older persons" as defined by the Acts. [Note: See Act No. 214, December 19, 2002, 71 P.S. § 2401 et seq.; Act of October 27, 1955, P.L. 74, as amended, 43 P.S. §§ 951 through 963; 42 U.S.C. § 3607(b)(1); and 43 P.S. § 955(h)(9).]

§ 040-080 Gaming/gambling establishments.

To the extent that a licensed gaming facility has been approved by the Pennsylvania Gaming Control Board, Act 71 ("Gaming Act"),[1] approved July 5, 2004, and as amended from time to time, provides that the conduct of gaming, including the physical location of a licensed facility and, extending to racetracks and related facilities, shall not be prohibited or otherwise regulated by this Chapter 200.

[1]

Editor's Note: See 4 Pa.C.S.A. § 1101 et seq.

§ 040-090 Township and municipal authority uses and structures.

The minimum lot area, minimum lot width and minimum street frontage requirements of this Chapter 200 shall not apply to uses and/or structure(s) owned by Middle Smithfield Township or by a municipal authority created by the Township for uses and/or structure(s) that are intended for storm water management, public recreation, governmental or public health and safety purposes.

§ 041-010 Designation of use regulations.

For the purposes of this chapter, the regulation of the use of land or the use of a structure within a specific zoning district situated in Middle Smithfield Township is divided into the following categories with the following abbreviations:

P	Permitted as a Use by Right
C	Permitted as a Conditional Use
SE	Permitted as a Use by Special Exception
N	Prohibited as a Use

§ 041-020 Explanation of use designations.

P - Permitted as a use by right. A use within a zoning district that is permitted as a use by right; a permitted use must comply with all the requirements of this chapter.

C - Allowed as a conditional use. This is a use that is allowed by the Board of Supervisors after recommendations by the Township Planning Commission and a public hearing, pursuant to express standards and criteria set forth in the Zoning Ordinance. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the MPC and the Zoning Ordinance.

SE - Allowed as a use by special exception. This is a use allowed by the Township Zoning Hearing Board after a public hearing, pursuant to express standards and criteria set forth in the Zoning Ordinance. The Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the MPC and the Zoning Ordinance.

N - Prohibited as a use in a particular zoning district in Middle Smithfield Township. Any use of land, building or structure within the Township that is not preempted or exempt from Township regulation, and is not permitted as a use by right, a conditional use or as a special exception in a particular zoning district, is prohibited as a use in that specific zoning district.

§ 041-030 Uses not specifically provided for.

If a use is clearly not provided for in this chapter, whether as a permitted use by right, or by conditional use or as a use by special exception within any zoning district within the Township, then the zoning officer(s) may make a determination as to whether the use not specifically provided for is similar to a use permitted by conditional use or similar to a use permitted by special exception. Once this determination is made by the zoning officer, the applicant must satisfy certain conditions at a public hearing before the appropriate board as set forth herein.

Similar to a use permitted by special exception. If the zoning officer determines that a use not specifically provided for is similar to another use permitted by special exception under this chapter, then the proposed use may be permitted by special exception if the applicant proves to the satisfaction of the Zoning Hearing Board at a public hearing that the following conditions can and shall be met:

(1)

The proposed use would be no more intensive with respect to external impacts and nuisances than uses that are permitted by right or by special exception within the zoning district;

(2)

The proposed use would be closely similar in impact and character to uses permitted by right or by special exception within that district, and

(3)

The proposed use would meet all of the standards that would apply to the use to which the proposed use is most similar to.

Similar to a use permitted as a conditional use. If the zoning officer determines that a use not specifically provided for is similar to another use permitted as a conditional use under this chapter, then the proposed use may be permitted as a conditional use if the applicant proves to the satisfaction of the Board of Supervisors at a public hearing that the following conditions can and shall be met:

(1)

The proposed use would be no more intensive with respect to external impacts and nuisances than uses that are permitted by conditional use within the zoning district;

(2)

The proposed use would be closely similar in impact and character to uses permitted by conditional use within the zoning district; and

(3)

The proposed use would meet all of the standards that would apply to the conditional use to which the proposed use is most similar to.

§ 042-010 Effect of nonconforming status.

A property owner has a constitutional right to continue a lawful preexisting nonconforming condition and the Zoning Officer(s) shall issue to a property owner a zoning permit for any lawful preexisting nonconformity so long as the property owner can prove to the zoning officer that the lot, use or structure was lawfully in existence as of the time of the enactment of the ordinance with which the lot, use or structure is in violation. Once a zoning permit has been issued for the preexisting nonconformity, the nonconformity can continue until it is abandoned.

A preexisting nonconforming condition for which a zoning permit is issued creates a vested property right that shall run with the land, not the owner.

Uses and structures that do not comply with this Chapter 200 and that have no vested non-conforming rights are illegal and are required to be removed or converted to a conforming use and/or structure.

§ 042-020 Nonconforming lots.

A nonconforming lot shall be developed in conformity with all applicable Township regulations except as provided below. However, if it is a lawful preexisting nonconforming lot of record, it may still be developed even if the lot's area and/or width do not meet the Township's requirements. Improvement of a lawful preexisting nonconforming lot cannot otherwise violate other dimensional requirements or increase the existing nonconformity, except pursuant to an approved zoning variance.

Residential use of a nonconforming lot. A single, permitted by right principal residential use and its customary accessory uses may be constructed, reconstructed or expanded on a lawful preexisting nonconforming lot, provided all of the following additional requirements are met:

(1)

The lot must be a lawful preexisting nonconforming lot of record. All federal, state and local wetland regulations shall be met.

(2)

Sewer or septic system and applicable well requirements shall be met.

(3)

If the subject lot is in a recorded subdivision having yard setback requirements set forth on the recorded subdivision plan or in the recorded deed, those delineated yard setbacks shall be applied in place of the zoning yard requirements.

(4)

If no yard setback requirements are set forth on the recorded plan or in the recorded deed, the following shall be applied for a single-family dwelling unit:

(a)

Lots having a width of 100' or greater but less than 150' shall have a minimum side yard setback of 20'.

(b)

Lots having a width of 79' or greater but less than 100' shall have a minimum side yard setback of 15'.

(c)

Lots having a width of 49' or greater but less than 79' shall have a minimum side yard setback of 12'.

(d)

Lots having a depth less than 100' shall have a minimum front yard setback of 30'.

(e)

Lots having a depth less than 100' shall have a minimum rear yard setback of 20'.

(f)

Triangular lots shall have a minimum front yard setback of 25'.

(g)

Triangular lots shall have a minimum rear yard of 15'.

Non-residential use of a preexisting nonconforming lot. If a lawful preexisting nonconforming lot is proposed for or occupied by a principal non-residential use, then a building may be constructed on it for any use permitted by right in that district in which the lot is located provided that all requirements are met except for the existing lawful nonconformity, including the off-street parking and loading requirements and yard requirements for the applicable district.

§ 042-030 Expansion of nonconforming structure.

A lawful preexisting nonconforming structure may be altered, reconstructed, enlarged and/or expanded, including an extension of a nonconforming building footprint, so long as the alteration, reconstruction, enlargement and/or expansion does not create a new dimensional nonconformity or worsen an existing dimensional nonconformity without the granting of a variance. In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements for nonconforming uses as set forth in this chapter.

§ 042-040 Reconstruction of nonconforming structure or structure containing a nonconforming use.

Prior certificate of nonconformity. If a property has been previously issued a certificate for a nonconforming structure or a certificate for a structure containing a nonconforming use and said nonconforming structure is subsequently partially damaged or destroyed, then the landowner has a right to demolish and rebuild as follows:

(1)

An application for a zoning and building permit must be submitted within 18 months after the date of damage or destruction;

(2)

Work must commence within six months of the issuance of the building permit;

(3)

No new nonconformity or increase in nonconformity may be created by any reconstruction; and

(4)

The property must be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.

No prior certificate of nonconformity. If the property did not have a certificate for a nonconforming structure or a certificate for a nonconforming use prior to the preexisting nonconforming structure being partially damaged or destroyed, the zoning officer shall issue to a property owner a zoning permit for any lawful preexisting nonconformity so long as the property owner can prove to the zoning officer that the lot, use or structure was lawfully in existence as of the time of the enactment of the ordinance with which the lot, use or structure is in violation. The property owner may then proceed in compliance with § 042-040.A.

C-1 Zoning District. Within the C-1 Zoning District only, a lawful preexisting nonconforming structure with respect to front yard setback requirements, which contains a conforming use and for which the nonconforming structure has been issued a certificate of nonconformity, may be demolished and rebuilt at the existing nonconforming setback line, provided that the following conditions are met:

(1)

The new structure shall be located no closer to the street line at any point than the prior structure was located; and

(2)

The building footprint that lies within the required front yard setback shall be no greater after reconstruction than the building footprint that was located within the required front yard setback prior to removal.

§ 042-050 Expansion of a nonconforming use.

A lawful preexisting nonconforming use may be expanded (or subject to a series of expansions) by special exception approval, so long as the total percentage increase of the nonconforming condition that existed at the time of enactment of the ordinance that created the nonconforming condition is not increased by an aggregate amount greater than 100% of the nonconformity. The extent of the nonconforming use expansion shall be regulated based upon both total building floor area and total impervious coverage for the nonconforming use. This provision shall not allow an increase in a nonconforming height or an increase of the nonconformity of a sign or the number of nonconforming dwelling units.

Variance from percentage limitation. A property owner may seek a variance from the percentage limitation in § 042-050.A. so long as the property owner can satisfy the following four factors:

(1)

That an unnecessary hardship exists which is not created by the party seeking the variance and which is caused by unique physical circumstances of the property for which the variance is sought;

(2)

That a variance is needed to enable the party's reasonable use of the property;

(3)

That the variance will not alter the essential character of the district or neighborhood, or substantially or permanently impair the use or development of the adjacent property such that it is detrimental to the public's welfare; and

(4)

That the variance will afford the least intrusive solution.

§ 042-060 Change of nonconforming use.

The nature of a preexisting nonconforming use is determined from the actual use to which the property is put, rather than from the identity of the users. A modification of a preexisting nonconforming use to a new or changed use is prohibited subject to the following:

A proposed use need not be identical to the current use; it need only be sufficiently similar to the preexisting nonconforming use so as not to constitute a new or different use;

A change in technology is a continuation of a use;

A change in the intensity of a use is a continuation of a use; and

A change in use necessitated for compliance with a state or federal law is not an expansion.

§ 042-070 Non-conforming use abandonment.

Generally. A property owner may continue to operate under the protections of a lawful preexisting nonconforming status until such time as the use has been abandoned.

Burden of proof. The Township bears the burden of proving abandonment which is established by a two-pronged test: 1) intent to abandon and 2) actual abandonment.

Discontinuance provision. If a preexisting nonconforming use has not been used for a period of 18 consecutive months, this failure to use the non-conforming use shall establish the "intent to abandon" the nonconforming use.

(1)

Once the Township establishes the "intent to abandon," the burden of persuasion shifts to the party challenging the claim of abandonment.

(2)

If the challenger introduces evidence of contrary intent, the presumption of "intent to abandon" is rebutted and the burden of persuasion shifts back to the party claiming abandonment.

Actual abandonment. Actual abandonment cannot be inferred from or established by a period of nonuse alone. In addition, the Township must establish actual abandonment through the property owner's overt acts or failure to act.

§ 043-010 Table of use regulations within zoning districts.

The Table of Use Regulations Within Zoning Districts is included at the end of this chapter in Attachment 3.

§ 044-010 Agricultural uses.

A1. Agriculture, general.

(1)

Minimum lot area: two acres.

(2)

No structure intended for the "agriculture, general" or "agriculture, intensive" uses, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line, and all exhaust fans shall be directed away from the closest residences.

(3)

The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[1] Notwithstanding anything contained in this chapter to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[2] and the practices prescribed by the Manure Management Manual.

[1]

Editor's Note: See 3 PaC.S.A. § 501 et seq.

[2]

Editor's Note: See 35 P.S. § 691.1 et seq.

(4)

Storage and application of pesticides, fertilizers and/or chemicals shall be in accordance with federal and state laws.

(5)

All grazing and pasture areas utilized for this purpose shall be fenced.

(6)

The keeping of exotic animals shall comply with regulations of the Pennsylvania Game Commission and shall require a 10 acre minimum lot area.

(7)

If a lot includes the keeping of more than two grazing animals per acre or 30 chickens or similar poultry overall, it shall be considered to be "agriculture, intensive" and the additional requirements for such use shall apply. See also the Pennsylvania Agriculture, Communities and Rural Environment Act ("ACRE").[3]

[3]

Editor's Note: See 35 P.S. § 691.1 et seq.

(8)

The keeping of animals, other than domestic animals, on less than 10 acres or more of contiguous land shall be subject to the following requirements:

(a)

Livestock shall not be permitted to over-graze any property in Middle Smithfield Township except during the winter months of November through February. Over-grazing shall be defined as grazing to the point of removing all or almost all vegetative growth from the ground, leaving only one inch or less of cover.

(b)

The keeping of grazing animals shall be limited to no more than one grazing animal, as defined, on the first two acres of contiguous land, and one grazing animal per acre in excess of two acres for each additional contiguous acre of land.

(c)

The keeping of both grazing and non-grazing animals on the same acreage described above shall be limited to the maximum number of grazing and non-grazing animals for the acreage provided herein.

(d)

Exemption. Members of youth programs sponsored and organized for the purpose of agricultural education and involving traditional agricultural animals, are hereby exempted from the provisions of this subsection, during the keeping and raising of traditional agricultural animals within the parameter of the youth programs.

(9)

Silos shall be situated not less than the height of the silo from any street or property line.

(10)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(11)

The keeping of chickens or similar poultry on less than 10 acres of contiguous land shall be subject to the following requirements:

(a)

No more than 25 chickens or similar poultry shall be permitted on a lot size between two and five acres. Roosters are not permitted.

(b)

No more than 30 chickens or similar poultry shall be permitted on a lot size between five and 10 acres. Roosters are not permitted.

(c)

If a lot includes the keeping of more than 30 chickens or similar poultry, it shall be considered "agriculture, intensive" and the additional requirements for such use shall apply.

(d)

The lot shall have an existing single family residence.

(e)

Chickens:

[1]

A coop is required for the keeping of chickens. The minimum coop size is three square feet per chicken. The coop shall be stationary, secure, roofed and enclosed in a way that contains the chickens. An outside run for chickens is permitted when attached to the coop and enclosed in such a manner as to securely contain the chickens. A coop, with or without an outside run, requires the issuance of a zoning permit and must meet setbacks for an accessory building.

[2]

It shall be unlawful to allow chickens to run at large upon adjoining properties.

[3]

Chicken manure shall not be allowed to accumulate to the degree that it becomes a public health hazard or odor, insect or other nuisance.

A2. Agriculture, intensive.

(1)

Minimum lot area: 10 acres.

(2)

If a lot includes the keeping of more than two grazing animals per acre or 30 chickens or similar poultry overall, it shall be considered to be "agriculture, intensive" and a 10-acre minimum lot area shall be required. Animal equivalent units shall be calculated as provided in state nutrient management regulations, except that only contiguous land shall be considered in each calculation. See also the Pennsylvania Agriculture, Communities and Rural Environment Act ("ACRE").[4]

[4]

Editor's Note: See 3 Pa.C.S.A. § 311 et seq.

(3)

All other rules and regulations set forth in Subsection A, A1. Agriculture, general, to the extent not in conflict with other supplementary regulations set forth in this Subsection B, A2. Agriculture, intensive, shall apply and are incorporated herein by reference as though set forth in its entirety.

(4)

Any building or structure used for the keeping or raising of livestock or poultry shall be situated not less than 100 feet from any street or property line that is not in common ownership with the tract of land where the animals are kept. Livestock and poultry are not permitted to run at large onto streets or the property of others, without the permission of the other property owner. A fenced-in area for the keeping of livestock and poultry shall be provided and shall not be less than 100 feet from a dwelling other than the owner's.

(5)

Silos shall be situated not less than the height of the silo from any street or property line.

(6)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

A3. Forestry.

(1)

Forestry shall require a zoning permit, and these regulations, shall apply when the total harvesting area is 1/2 acre or greater in a calendar year, except as otherwise noted below. These provisions shall not regulate the following:

(a)

Cutting of up to 10% of trees with a trunk diameter of six inches or greater (measured 3.5 feet above the ground level) on a lot in any calendar year, provided such cutting does not involve clear-cutting but instead involves routine thinning of woods;

(b)

Cutting of trees with a trunk diameter of less than six inches (measured 3.5 feet above the ground level);

(c)

Cutting of dead, dangerous, diseased or insect infested trees; and

(d)

Cutting of trees that the applicant proves to the Zoning Officer is necessary to accommodate a Township-approved subdivision, land development, street, driveway, building, utility or use.

(2)

An application for forestry shall be made a minimum of 30 days prior to the start of work. No forestry shall occur until a permit has been issued by the Zoning Officer.

(3)

The application shall include a written timbering plan, which shall be prepared by a qualified professional. The provisions of the plan shall be followed throughout the operation. The plan shall be available for inspection at the harvest site at all times during the operation.

(4)

The landowner, the applicant and the timber operator shall be jointly and separately responsible for complying with the terms of the logging plan and permit.

(5)

Logging plan.

(a)

The applicant shall specify, in writing, the land on which harvesting will occur, the expected size of the harvest area and the anticipated starting and completion date of the operation. The zoning permit shall be valid for up to two years from the date of issuance.

(b)

The logging plan shall include, at a minimum, the following information:

[1]

Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.

[2]

An erosion and sedimentation control plan prepared by a qualified professional in accordance with the requirements of Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.), to the extent applicable to the proposed timber harvest, or such future succeeding regulations. In the event that the proposed timber harvest would require County Conservation District or Pennsylvania DEP approval of an erosion and sedimentation control plan and/or stormwater control plan, the applicant shall provide such approvals as part of applicant's application for zoning permit.

[3]

All timbering activities shall use best management practices which shall be shown on the plan.

[4]

A narrative of all stream and road crossings, including required permits from the appropriate agency.

[5]

All Township and/or PennDOT highway occupancy permits, if applicable.

[6]

An application shall be submitted to the Township, with a map showing the following:

[a]

Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within the property.

[b]

Significant topographic features related to potential environmental problems.

[c]

Location of all earth disturbance activities, such as roads, landings and water control measures and structures.

[d]

The general location of the proposed operation to municipal and state highways, including any access to those highways.

[7]

The application shall also include the name and address of the property owner and the person who will be responsible to oversee the forestry operations.

(6)

Forestry practices.

(a)

Felling or skidding on or across any public street is prohibited without the express written consent of the Township or PENNDOT, whichever is responsible for maintenance of the street.

(b)

No tops or slash shall be left within 25 feet of any public street, property line or private roadway providing access to adjoining property.

(c)

All tops and slash between 25 feet and 50 feet from a public street right-of-way or private road providing access to adjoining property or within 50 feet of adjoining property shall be lopped so that they do not extend more than four feet above the surface of the ground.

(d)

Stream crossing and wetland protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachment Act (32 P.S. § 693.1 et seq.), shall be complied with.

(e)

All earthmoving within this area shall be minimized or fully avoided.

(f)

No tops or slash shall be left within a stream channel or floodway. Unless fully delineated, a floodplain shall be assumed to be all that area within 50 feet from the center of a waterway.

(g)

The use of clear-cutting must be fully justified by a forestry plan prepared by a qualified professional. Clear-cutting shall be prohibited on slopes greater than 25%.

(h)

A 20-foot minimum setback shall be maintained for forestry operations from a public street right-of-way and from any lot line of property, except such lot line setback shall not apply if the adjoining property owner provides a written, notarized and signed waiver of the setback to the Zoning Officer.

(7)

Public road responsibility. The landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the forestry operations to the extent the damage is in excess of that caused by normal traffic. The applicant shall document the structural condition of the public roads that will serve as the primary routes by trucks to the use, including core borings and pictorial documentation, for review by the Township Engineer. If it is determined that the roads are not able to support the proposed design loads coming from the proposed operation and/or will be expected to exceed to design capability of the original road design, then the Township shall require that the applicant post financial security to cover the costs of damage that may occur to public roads as a result of the trucks. Such financial security shall remain in full force until the Board of Supervisors issues a written notification that all provisions of this chapter and the permit have been complied with, provided that the Township has an engineered study of the condition of the said roads, including a traffic study of said roads involved; if not then the financial security requirement is waived per forestry regulations regarding the hauling of timber over public roads.

(8)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

A4. Kennel, state licensed.

(1)

Minimum lot area: six acres.

(2)

Minimum setback. All boarding buildings, outdoor pens, stalls and runways shall be located at least 200 feet from all residential lot lines in a residential zoning district.

(3)

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.

(4)

Outdoor running areas shall be fenced in a manner that restricts access and provides for a full enclosure. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height to minimize dog barking.

(5)

No animal shall be permitted to use outdoor runs from 11:00 p.m. to 6:00 a.m. that are within 200 feet of an existing dwelling in a residential zoning district.

(6)

The keeping of exotic animals shall not be permitted.

(7)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

A5. Kennel, private, non state-licensed.

(1)

Minimum lot area: six acres.

(2)

All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines in a residential or conservation zoning district.

(3)

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.

(4)

Kennels covered by this use category must be constructed and operated in accordance with the Canine Health Board Standards for Commercial Kennels, as established by the Commonwealth of Pennsylvania, as may be amended from time to time.

(5)

The keeping of exotic animals shall not be permitted.

(6)

All other rules and regulations set forth in Subsection D, A4. Kennel, state licensed, to the extent not in conflict with other supplementary regulations set forth in this Subsection E, A5. Kennel, private, non state-licensed, shall apply and are incorporated herein by reference as though set forth in its entirety.

(7)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

A6. Nursery.

(1)

Minimum lot area: five acres.

(2)

No structure intended for the "nursery" use, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line.

(3)

Storage and application of pesticides, fertilizers and/or chemicals shall be in accordance with federal and state laws.

(4)

The maximum impervious surface ratio shall be 10%. This ratio may be exceeded provided the requirements of intensive agriculture are met and provided intensive agriculture is a permitted use in the applicable zoning district.

(5)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

A7. Riding academy.

(1)

Minimum lot area: 2.5 acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.

(2)

No structure intended for the "riding academy" use, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line.

(3)

No corral or fenced-in area shall be within 50 feet of any street or lot line.

(4)

All animals, except while exercising or pasturing, shall be kept within a completely enclosed building which was erected and maintained for that purpose.

(5)

The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[5] Notwithstanding anything contained in this chapter to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[6] and the practices prescribed by the Manure Management Manual.

[5]

Editor's Note: See 2 Pa.C.S.A § 501 et seq.

[6]

Editor's Note: See 35 P.S. § 691.1 et seq.

(6)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

A8. Stable (other than a use H13 Private stable).

(1)

Minimum lot area: 2.5 Acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.

(2)

No structure intended for the "riding academy" use, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line.

(3)

No corral or fenced-in area shall be within 50 feet of any adjoining street or property line.

(4)

All animals except while exercising or pasturing shall be kept within a completely enclosed building which was erected and maintained for that purpose.

(5)

The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[7] Notwithstanding anything contained in this chapter to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[8] and the practices prescribed by the Manure Management Manual.

[7]

Editor's Note: See 2 Pa.C.S.A § 501 et seq.

[8]

Editor's Note: See 35 P.S. § 691.1 et seq.

(6)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

§ 044-020 B - Residential uses.

B1. Conservation development.

(1)

See Division 63, Conservation Development Options, for regulations governing Conservation Development Options which are incorporated into this section by reference as though set forth in their entirety herein.

(2)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

B2. Dwelling, apartment complex.

(1)

Maximum density shall be six dwelling units per acre of adjusted tract area pursuant to § 130-020 of the Zoning Ordinance.

(2)

A dwelling unit shall not be leased for periods of less than 30 days.

(3)

In addition to any sidewalk along a street that may be required under the SALDO, a sidewalk or other Township-approved pedestrian pathway shall connect a pedestrian entrance of each apartment building to a street.

(4)

A minimum of 20% of the total land area shall be landscaped in trees and shrubs, maintained in existing trees and natural vegetation and/or improved for outdoor recreation uses. See also the recreation land and/or fee requirements in the SALDO.

(5)

Exterior accessibility of buildings by emergency equipment shall be reviewed by local fire officials.

(6)

An architectural elevation of each proposed new principal building shall be provided to the Township for review at least 45 days prior to the intended date of final land development approval for the building.

(7)

Major resident pedestrian entrances to buildings shall include a roof overhang, awning, canopy, inverted entrance or roof extension to provide protection from inclement weather.

(8)

Rooftop heating and air conditioning equipment shall be screened from view from public streets by rooflines, parapet walls, grading or architectural screens with materials and colors consistent with the materials of the building.

(9)

Each dwelling unit shall be served by both public water and public sanitary sewage services.

(10)

This use shall comply with all applicable federal, state and Township laws, rules, ordinances and/or regulations.

B3. Dwelling, boarding house.

(1)

Maximum density: six bedrooms per acre (each bedroom is limited to two persons). In no case shall the lot serve a total of more than 20 persons.

(2)

If an existing structure is converted into a boardinghouse, then the supplementary use regulations for Subsection H, B8. Dwelling, residential conversion, shall also apply to this use.

(3)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

B4. Dwelling, dormitory.

(1)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(2)

The use shall be only occupied by either: a) full-time students of an accredited college or university that is within a maximum of one mile from the proposed dormitory, or b) employees of a business within the Township that is located within a maximum of 2,000 feet from the proposed dormitory.

B5. Dwelling, duplex.

(1)

All units within the project shall be connected to a publicly or privately owned central sanitary collection and treatment system and a central potable water distribution system. The system shall meet appropriate minimum water pressure and fire flow and hydrant requirements.

(2)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

B6. Dwelling, group home.

(1)

"Dwelling, group home" uses shall meet the supplementary use regulations for the particular type of dwelling which they occupy.

(2)

All zoning permit applications for a "Dwelling, group home" shall state, in addition to standard application information, the following:

(a)

Number of residents in said dwelling.

(b)

Number of professional staff members for said dwelling.

(c)

Type or classification of residents.

(d)

Whether 24 hour on-site staffing is required, and if so, a statement that 24 hour on-site staffing will be provided.

(e)

License no. and/or certification no. and/or permit no. from Commonwealth of Pennsylvania for the operation of said "Dwelling, group home." A copy of said license, certification and/or permit shall be attached to zoning permit application.

(f)

Description of the nature of care/treatment provided at "Dwelling, group home,"

(g)

Identification of the sponsoring agency, if any, of said "Dwelling, group home."

(h)

Verification that local emergency service providers have been notified, in writing, of the presence of the "Dwelling, group home."

(3)

The base maximum capacity in a "Dwelling, group home" is six persons (professional and staff personnel is not included in this calculation); however, a higher number of residents may be approved by the Board of Supervisors as part of the conditional use process, depending on the type of dwelling unit(s) being occupied and the infrastructure (i.e., water, sewer, parking and so forth) available to said use.

(4)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

B7. Dwelling, mobile/manufactured home.

(1)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(2)

The home shall be securely anchored to the ground in a manner that meets or exceeds the manufacturer's recommendations.

(3)

The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting.

(4)

See also the Construction Codes regarding installation.

B8. Dwelling, residential conversion.

(1)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(2)

One dwelling unit shall be allowed on the lot for each 15,000 square feet of adjusted tract area, except such number shall be increased to 43,560 square feet if the dwellings are not served by central water and central sewage services.

B9. Dwelling, single-family detached. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

B10. Dwelling, townhouse or rowhouse.

(1)

All townhouse dwellings shall be serviced by public sewer and water and/or centralized sewage facilities and centralized water services.

(2)

Vehicular access points onto all public streets shall be minimized to the lowest reasonable number; no townhouse dwelling within a tract of three or more dwelling units shall have its own driveway entering onto a public street.

(3)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

B11. Dwelling, twin dwelling unit.

(1)

A "dwelling, twin dwelling unit" shall have only one driveway access point onto a public road.

(2)

If a "dwelling, twin dwelling unit" shares a water and/or sewer facilities system, any applicant for a zoning permit must provide to the Zoning Officer a fully executed and recorded Agreement for the Ownership and Maintenance of said joint system(s) prior to the issuance of a zoning permit.

(3)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

B12. Homeless shelter, permanent.

(1)

A "homeless shelter, permanent" shall not be located in a dwelling that is physically attached to another dwelling that is not in common ownership.

(2)

The applicant shall provide evidence that sufficient supervision will be provided on-site during all hours that the use is in operation.

(3)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

B13. Manufactured home park.

(1)

Dimensional requirements:

(a)

Minimum lot size for park: 2.5 acres.

(b)

Minimum setback for manufactured home unit from edge of internal road cartway: 20 ft.

(c)

Minimum spacing between manufactured home units: 25 feet, not including canopies or awnings.

(d)

Minimum boundary setback for all buildings: 40 feet.

(e)

Minimum spacing between an accessory building and a manufactured home with a different owner: 20 feet.

(f)

Maximum density: five dwelling units per net acre of land based upon the "adjusted tract area."

(2)

The following lot and yard requirements shall be observed for each manufactured home unit site:

(a)

Minimum lot area: 5,000 square feet.

(b)

Maximum lot coverage: 20%.

(c)

Minimum lot width: 50 feet.

(d)

Minimum lot depth: 50 feet.

(e)

Minimum front yard: 10 feet, measured from the interior street line.

(3)

All applications for a manufactured home park shall be accompanied by a plot plan showing the location of the site, topography, drainage, number of units, access, road layout, name and address of the owner and names of abutting property owners.

(4)

The following conditions shall apply to all mobile home dwellings:

(a)

No more than one manufactured home shall be placed on a manufactured home lot, and such manufactured home shall be occupied by not more than a single family.

(b)

The area between the ground level and the perimeter of the manufactured home shall be enclosed by means of a suitable skirting.

(5)

Landscaping.

(a)

Adequate screening and/or fencing shall be required within a buffer strip of not less than 45 feet in width to be devoted exclusively to that purpose, adjacent to all exterior lot lines of manufactured home parks, exclusive of the lot line abutting public roads. The screening and/or fencing shall be such that it will create, unless it can be preserved from existing vegetation, within two growing seasons, a continuous screen five feet in height and of such density that will obscure 75% of the light emitted from automobile headlights on the premises throughout the course of the year. Compliance with this section shall be executed so that sight is unobstructed at intersections within a triangle measuring 30 feet along the frontage road right-of-way and 10 feet along the right-of-way of interior streets.

(b)

Within such buffer strip, no use, activity or sign shall be established other than the following:

[1]

Such interior streets as are necessary to provide proper egress and ingress.

[2]

Directional signs in conjunction with said interior streets.

(6)

Recreation. At least 10% of the total area of a manufactured home park, exclusive of the buffer strip, shall be devoted to playground(s), park(s) or other recreational purposes, and shall be appropriately equipped.

(7)

Access to individual manufactured home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.

(8)

All units within the manufactured home park shall be serviced by a centralized sewage facilities system and a centralized or community water supply system.

(9)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

B14. Senior active adult development. See Division 62 and the table in Chapter 200, Attachment 8, for regulations governing senior active adult developments.

§ 044-030 C- Institutional and recreational uses.

C1 Bed and breakfast. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

(1)

The minimum lot size for this use shall be one acre or the minimum lot area required in the applicable zoning district, whichever requirement is greater.

(2)

There shall be no use of show windows for display or advertising visible outside the premises to attract guests other than a single, non-illuminated sign which may not exceed the restrictions for such signs in this chapter.

(3)

The use shall be carried on primarily by members of the immediate family of the owner who must reside on the premises. Non-resident employees shall be limited to two in addition to the resident members of the family of the owner.

(4)

There shall be no separate kitchen or cooking facilities in any guest room. Food may be served to guests only.

(5)

The maximum, uninterrupted length of stay shall be 30 days.

(6)

The use of any amenities provided by the use such as a swimming pool or tennis courts shall be restricted to the guests of the establishment.

(7)

This use may not be established until there is compliance with all other applicable Township rules and regulations. In addition to original compliance, the bed and breakfast may be periodically inspected by the Township for compliance with the applicable safety standards.

C2. Cemetery.

(1)

A cemetery may be located on the same lot as an allowed place of worship.

(2)

In no case shall any cemetery, grave site and/or structure relating to a cemetery be located within the 100-year floodplain of an adjacent watercourse.

(3)

Lot coverage. No more than 10% of the lot, to a maximum of five acres, may be devoted to above-ground buildings or other impervious surfaces not serving as burial markers or memorials.

(4)

No outside storage shall be permitted.

(5)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(6)

Additional requirements for pet cemetery:

(a)

All grave markers shall be placed flush to the ground.

(b)

All caskets shall be durable construction and not subject to breakage or deterioration. Caskets shall not be stacked one above another underground and the top of every casket shall be at least three feet below the existing grade. The owner or operator shall maintain at all times a current burial plot diagram showing all plots in use, which shall be available to the township for inspection upon request. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

C3. Community center. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

C4. Day care center, state-licensed facilities. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

C5. Detention facility.

(1)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

(2)

The applicant shall prove to the Board of Supervisors that there are sufficient setbacks and/or soundproofing to minimize noise nuisances for neighbors and that there will be sufficient security measures to protect the public.

(3)

All detention facilities and similar structures and uses shall, in addition to all other applicable standards in this chapter, be in strict conformity with the following specific requirements and regulations:

(a)

Lot size. In order to provide an adequate buffer area for adjoining private property owners the site shall contain a minimum of 50 acres undivided by any highway right-of-way of any type.

(b)

Setbacks. The buildings shall be set back a minimum of 250 feet from the right-of-way line of any abutting public road and 150 feet from other property lines.

(c)

Security fencing. Any required or proposed security fencing shall be not less than 500 feet from any property containing a residential structure or use.

(d)

The above use shall comply with the following requirements unless a greater and/or more restrictive requirement is provided for in this chapter for the zoning district wherein the use is located, in which case the greater and/or more restrictive requirement shall govern:

Min. Lot Width (feet)	Maximum (Max) Lot Coverage (Percent)	Min. Lot Depth (feet)
250	25	400

C6. Gaming/gambling establishment. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

C7. Golf course. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

C8. Library or museum.

(1)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

(2)

Minimum lot area: two acres.

(3)

The buffer requirements of the Middle Smithfield Township Subdivision and Land Development Ordinance shall be met.

(4)

The parking requirements provided for in this chapter shall be complied with. Parking shall be adequately screened when situated within 50 feet of land zoned for or in residential use.

C9. Life care facility. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

C10. Medical facilities. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

C11. Municipal service facility. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

C12. Nursing home.

(1)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

(2)

A minimum of 10% of the lot area shall be landscaped and improved with paths for the use and enjoyment by the residents.

(3)

This use shall be limited to a maximum density of 20 residents per acre in a residential district and 40 residents per acre in any other allowed district. Central water and central sewage services and/or public water and sewer services shall be provided for any density greater than three residents per acre.

(4)

Lot and yard requirements. Unless a greater and/or more restrictive requirement is provided for in this chapter for the zoning district wherein the use is located, in which case the greater and/or more restrictive requirement shall govern, Nursing Homes shall comply with the following requirements:

Minimum (Min.) Lot Area (acres)	Min. Lot Width (feet)	Maximum (Max.) Lot Coverage (Percent)	Min. Lot Depth n(feet)	Min. Front Setback (feet)	Min. Side Setback (feet)	Min. Rear Setback (feet)
9 acres	250	20	400	100	100	100

(5)

Existing natural features, drainage and vegetation shall not be removed, changed or destroyed, except where necessary for the construction and operation of such nursing home.

C13. Private club. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

C14. Recreational camping park.

(1)

Minimum lot area: 20 Acres, except 10 acres in a commercial district.

(2)

Minimum setback requirements for all campsites and structures shall be 75 feet from any lot line.

(3)

No person other than a bona fide resident manager/caretaker shall reside at a recreational camping park for more than six months in any calendar year.

(4)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

C15. Recreational facility. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

C16. Resort complex/commercial resort development.

(1)

See Division 61, Resort Complex/Commercial Resort Development Options, for applicable regulations.

(2)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

C17. School. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

(1)

Religious, sectarian or non-sectarian, denominational private school, or public school, including, but not limited to, kindergarten, elementary school, junior high school, high school, college and/or post graduate school, but shall not include trade schools.

(2)

Access shall be taken from an arterial or collector highway.

(3)

Unless a greater and/or more restrictive requirement is provided for in this chapter for the zoning district wherein the use is located, in which case the greater and/or more restrictive requirement shall govern, Schools shall comply with the following:

Minimum (Min.)	Min. Lot Area (acres)	Min. Lot Width (feet)	Min. Front Setback (feet)	Min. Side Setback (feet)	Min. Rear Setback (feet)	Maximum Height (feet)
3 acres	300	75	100	100	50

(4)

Outdoor play and/or recreation areas shall be 100 feet from side and rear property lines. Outdoor play areas shall be sufficiently screened to protect the neighborhood from in appropriate noise and other disturbances.

(5)

Completely detached buildings on the same lot shall not be less than 20 feet from each other.

(6)

A traffic impact study shall be required.

C18. Shooting range and archery range.

(1)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(2)

The applicant shall prove there is a sufficient berm or barrier to protect public safety and sufficient warning signs.

(3)

All outdoor shooting ranges shall be situated not less than 500 feet from any property line and not less than 1,500 feet from any principal residential or commercial structure existing on the effective date of this section. This shall not apply to structures on the same parcel as the shooting range.

(4)

All outdoor archery ranges shall be situated not less than 200 feet from any property line and not less than 300 feet from any principal residential or commercial structure existing on the effective date of this section. This shall not apply to structures on the same parcel as the shooting range.

(5)

The buffer requirements of the Middle Smithfield Township Subdivision and Land Development Ordinance shall be met.

(6)

All ranges shall be designed and constructed with safety facilities to prevent accidental wild or ricocheting projectiles and stray arrows, and the Township may require such additional safety features deemed necessary to meet the intent of this section. Such features may include but not be limited to increased setbacks, earthen berms and setbacks, range orientation, and a limitation of hours of operation.

(7)

All ranges shall be designed and operated to minimize any noise created by the facility and shall at a minimum comply with the requirements of the Township's Noise Ordinance in accordance with Pennsylvania law.

(8)

Security fencing may be required by the Township of such extent and design to restrict accidental access to any range.

(9)

A 300-foot perimeter around any outdoor range shall be posted with warning signs to adequately inform anyone entering the area.

(10)

The applicant shall provide evidence of compliance with any applicable National Rifle Association guidelines and state and federal regulations.

C19. Ski area. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

C20. Theater.

(1)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

(2)

The buffer requirements of the Middle Smithfield Township Subdivision and Land Development Ordinance shall be met.

(3)

The parking requirements provided for in this chapter shall be complied with.

C21. Treatment center.

(1)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(2)

The applicant shall prove to the Board of Supervisors that there will be sufficient staff oversight and security measures to protect the public safety.

(3)

In addition to the buffer requirements of the Middle Smithfield Township Subdivision and Land Development Ordinance, supplemental buffering shall be required to ensure the following:

(a)

Parking areas shall be visually secluded from adjacent properties via a landscaping planting screen acceptable to the Township.

(b)

Side and rear lot lines shall be planted with a minimum of one canopy tree per 40 feet, plus one evergreen tree per 30 feet and/or as otherwise required by the Township. Plantings may be installed in an informal arrangement, subject to approval of the Zoning Hearing Board.

(4)

All plant material, size, species, caliper, and arrangement shall be acceptable to the Township and in accordance with the Township Subdivision and Land Development Ordinance and this chapter.

(5)

The housing of an individual whose occupancy or tenancy in a Treatment Center would constitute a direct threat to the health or safety of other individuals, or whose occupancy or tenancy would result in substantial physical damage to the property of others is prohibited.

(6)

The minimum lot size for a treatment center use is two acres.

(7)

The applicant shall provide a written statement describing how the facility will have adequately trained staff supervision for the number and type of residents. There shall be 24-hour on-site staffing if necessary for the number and type of residents to ensure the health, safety and general welfare of the Township residents.

(8)

The applicant shall provide the Township with sufficient evidence of any requisite federal, state or county licensing or certification. If such licensing or certification is changed, suspended or revoked, the applicant/operator shall provide written notice to the Township within seven days.

(9)

Lot and yard requirements. Unless a greater and/or more restrictive requirement is provided for in this chapter for the zoning district wherein the use is located, in which case the greater and/or more restrictive requirement shall govern, Treatment Centers shall meet the following requirements:

Min. Lot Width (feet)	Maximum (Max.) Lot Coverage (Percent)	Min. Lot Depth (feet)	Min. Front Setback (feet)	Min. Side Setback (feet)	Min. Rear Setback (feet)
200	50	200	50	50	50

C22. Worship, place of, and related uses.

(1)

A maximum of one dwelling unit may be accessory to, and located upon the same parcel as, the place of worship and subject to all the underlying zoning district's regulations. Such dwelling unit shall only house employees of the Place of Worship or a religious leader and his/her family.

(2)

If within a residential district, any new place of worship shall be adjacent to an existing collector or arterial street that is in public ownership.

(3)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(4)

Minimum lot area: one acre, unless a larger lot size is required by other zoning district regulations, in which case the greater and/or more restrictive regulation shall govern.

§ 044-040 D - Office uses.

D1. Office. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

D2. Business park.

(1)

At least 70% of the gross floor space of the business park shall be utilized for office uses.

(2)

All uses within the business park shall take access from an interior roadway or shared driveway.

(3)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

D3. Data centers and data center accessory uses. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

(1)

A data center use shall be permitted as a conditional use in the C2 and I Zoning Districts subject to compliance with this section and all applicable Township ordinances and federal and state statutes.

(2)

For purposes of this section, sensitive receptors shall be defined as residential uses, schools, preschools, daycare centers, in-home daycares, long term care facilities, retirement and nursing homes, community centers, places of worship, parks (excluding trails), campgrounds, prisons, and dormitories.

(3)

Dimensional standards. The dimensional standards of data centers and data center accessory uses shall be in accordance with the provisions and restrictions provided for within the zoning district wherein the use is located, with the following exceptions:

(a)

The maximum building height for a data center shall be 60 feet, inclusive of roof-mounted equipment such as cooling and ventilation systems, HVAC units and cooling towers.

(b)

The maximum height of data center accessory uses shall be no greater than the height of the principal building.

(c)

Data centers and data center accessory uses shall be set back 200 feet from the boundary of any residential zoning district or the lot line of any property developed with a sensitive receptor.

(4)

Landscape buffer. A landscape buffer is required between data centers and data center accessory uses and any adjoining residential zoning district, sensitive receptor, or public roadway. The landscape buffer shall comply with the following requirements:

(a)

The landscape buffer shall be at least 25 feet in width and may be part of the minimum setback distance.

(b)

Buffer plantings shall consist of native species planted as follows:

[1]

One large evergreen tree per 25 linear feet of buffer. The size of large evergreen trees shall be a minimum of eight feet in height at the time of planting.

[2]

One deciduous canopy (shade) tree per 75 linear feet of buffer. Size of canopy (shade) trees shall be a minimum of 2 1/2 inch caliper at the time of planting.

[3]

One ornamental/flowering tree per 50 linear feet of buffer. The size of ornamental/flowering trees shall be a minimum of eight feet in height for multi-stemmed varieties, or 2 1/2 inch caliper at the time of planting for single-stemmed varieties.

[4]

Five shrubs per 25 linear feet of buffer. Size of shrubs shall be fully branched and minimum of three feet in height at the time of planting. Shrubs shall be a combination of evergreen and deciduous species, with a minimum of 50% being evergreen.

(c)

In the event that existing vegetation is adequate to meet the intent of the required buffer yard to screen the data center and data center accessory uses from adjoining residential zoning districts, sensitive receptors, and public roadways, the Board of Supervisors, upon recommendation by the Township Engineer and Planning Commission, may determine that existing topography and/or vegetation constitutes all or part of the required buffer yard.

(5)

Screening and fencing.

(a)

To provide visual screening and reduce noise levels, ground-mounted and roof-mounted equipment used for cooling, ventilating, or otherwise operating the facility, including power generation or other power supply equipment, that is located within 300 feet of a public roadway, residential zoning districts, or the lot line of any sensitive receptor must be fully enclosed, except where not mechanically feasible based on the manufacturer's specifications. If it is not mechanically feasible to fully enclose the equipment, it must be fully screened from view using one or more of the following means:

[1]

The landscape buffer required herein.

[2]

By existing vegetation that will remain on the property.

[3]

By the principal data center building or an accessory building.

[4]

A berm averaging a minimum of five feet in height above the adjacent average ground level with a maximum side slope of 3:1, provided that the berm shall be covered by a well-maintained all season natural ground cover and any required screening plantings shall be arranged on the outside and top of the berm.

[5]

A visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building.

(b)

Fencing of the property is permitted, provided that fencing along public and private roadways is not chain-link, with or without slatted inserts, and does not include barbed wire or other similarly visibly intrusive deterrence device. An applicant shall not be required to comply with this requirement if fencing is fully screened from view by one or more of the means identified in subparagraph a. above.

(6)

Noise and vibration.

(a)

The applicant shall demonstrate through a sound study conducted by a professional acoustical expert that the sound generated by a data center and/or data center accessory uses during normal operations shall comply with the restrictions and limitations provided for within Chapter 136, Nuisances, of the Middle Smithfield Township Code of Ordinances as measured from the property line of the use. Such sound study shall be conducted using Sound Level Meters described in ANSI S1.4-2104 and generally accepted methodology. A sound study shall be conducted at the following phases:

[1]

A preliminary study shall be conducted as part of the conditional use process. The preliminary sound study shall include recommended sound reducing materials or systems as needed to meet the aforesaid sound limits.

[2]

An interim sound study shall be conducted during the building permit approval process based upon the proposed user or users of the data center and data center accessory uses depicted on the building plans. Any sound reducing materials or systems recommended by interim sound study shall be incorporated into the construction plans for the use.

[3]

An as-built sound study shall be conducted six months after issuance of the certificate of occupancy and prior to the final escrow release for any land development phase. An as-built sound study may also be required thereafter by the Township. If it is determined by the as-built sound study that there is a violation of the aforesaid noise limits, it shall be considered a violation of this chapter.

(b)

Maximum decibel levels specified herein shall not apply during times of power outage, however the sound studies shall also evaluate and report anticipated decibel levels when all emergency power generation equipment is running, including backup generators.

(c)

The applicant shall provide a vibration study prepared by a qualified professional that demonstrates that no vibration from the data center, data center accessory uses, or associated equipment will be perceptible to the human sense of feeling beyond the property line.

(7)

Parking. No parking for a data center shall be located within 50 feet of a property line abutting a residential district or having a residential use.

(8)

Off street loading. A minimum of one off-street loading space/dock shall be provided for a data center.

(9)

Utility review. The proposed use shall be serviced by public utilities and/or authorities, including but not limited to water and sewer. The applicant shall provide to the Township written verification from the appropriate public utility companies and/or authority that:

(a)

A written assessment by a certified professional in the field of engineering and utility design has been made of the potential electrical, water, and/or sewer consumption of the data center which ensures that there is sufficient capacity available to serve the data center as well as the projected service needs for future growth.

(b)

If the above-referenced assessment identifies a detrimental impact or threshold where utility capacity is not sufficient, the applicant shall provide, at their own expense, the necessary system improvements necessary to mitigate any limits or system constraints to accommodate the data center. The necessary system improvements shall conform to all specifications, procedures, and timelines required by the public utility.

(10)

Utility lines. To the extent practical, utility lines, including but not limited to electronic, fiber optic, cable, and telephone lines, from substations to a data center shall be placed underground. This requirement shall not apply if the utility company requires above-ground lines, or the placement of under-ground lines is not feasible.

(11)

Emergency access. It shall be demonstrated that there is an adequate second means of ingress and egress suitable for emergency access to the site. Written approval from the applicable Fire Company Chief shall be provided demonstrating there is adequate emergency access, truck turning, fire suppression, and fire hydrant availability on the site. The applicant shall submit an Emergency Response Plan (ERP) prepared by a qualified professional. The ERP shall:

(a)

Be reviewed and accepted by the local fire department and emergency management services as part of the conditional sue process;

(b)

Include detailed procedures for fire suppression, containment, ventilation, and evacuation;

(c)

Include an evaluation of the access roads and hydrant locations within the site to ensure suitable access for emergency equipment within the site;

(d)

Ensure that all first responders receive adequate training specific to the installed system;

(e)

Include provisions for annual fire safety inspections demonstrating compliance with fire safety standards to be performed by a qualified professional on behalf of the data center.

(12)

Glare or heat control. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such a manner as to be completely imperceptible from any point beyond the lot lines.

(13)

Electrical power. Every use shall be designed and operated so that the service lines, substation, etc., shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, shall be so constructed, installed, etc., as to be an integral part of the architectural features of the use or, if visible from abutting residential properties, shall be concealed in accordance with the landscaping requirements contained herein.

(a)

If the applicant proposes to connect the data center to the electric grid, the applicant shall provide documentation from the applicable electric service provider certifying that that the necessary capacity is available, and that electric service provider will serve the data center. Known impacts on electric rates or availability for other uses directly attributable to the data center project shall be noted.

(b)

Any energy generation system designed or used to supply power directly to a data center during normal operations, including solar, wind, fossil fuel, or nuclear energy generating systems, shall not be considered part of the data center use. Such systems shall be considered a separate use and shall be approved according to the zoning regulations applicable to such use.

(14)

Any data center and data center accessory use building facade that faces a road, residential zoning district, or existing residential use must incorporate at least two of the following design elements every 150 horizontal feet:

(a)

A change in building material, pattern, texture, or color;

(b)

A change in building height;

(c)

Building step-backs or recesses having a minimum depth of five feet;

(15)

The applicant shall provide proof of review and approval from the Delaware River Basin Commission for projects proposing:

(a)

Water withdrawals of 100,000 gallons per day (gpd) or more over a 30-day average from any source or combination of sources within the Delaware River Basin; or

(b)

Any consumptive water use of 20,000 gpd or more over a 30-day average from any water source.

§ 044-050 E - Utility, service and transportation uses.

E1. Airport.

(1)

See Division 64, Airport Overlay District, use regulations for provisions governing airports.

(2)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(3)

The end of an airplane runway shall be a minimum of 300 feet from any lot line or street right-of-way.

(4)

All buildings and vehicle parking areas shall be setback a minimum of 100 feet from the lot line of an existing dwelling.

(5)

All areas used for the taxiing, take-off, landing or fueling of aircraft shall be setback a minimum of 200 feet from the lot line of an existing dwelling.

E2. Tower-based wireless communications facilities, non-tower wireless communication facilities, and small wireless communication facilities.

(1)

General requirements for all wireless communications facilities.

(a)

All WCF shall meet or exceed all applicable standards and provisions of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate WCF, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, the structural standards of the American Association of State Highway and Transportation Officials, the UCC, or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail. All necessary certifications shall be obtained by the WCF applicant and provided to the Township. If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such facilities into compliance shall constitute grounds for the removal of the WCF at the owner's expense.

(b)

Engineer signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania certifying that the information is in compliance with this chapter and all applicable design standards.

(c)

Eligible facilities requests (modifications).

[1]

WCF applicants proposing a Modification to an existing WCF, which is not considered a substantial change as defined in this chapter, shall be required only to obtain a zoning permit from the Zoning Officer. In order to be considered for such a permit, the WCF applicant must submit a permit application to the Zoning Officer in accordance with the applicable permit policies and procedures, including any fees. Such a permit application shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR § 1.6100. The permit application shall detail all dimensional changes being made to the WCF and wireless support structure.

(d)

Timing of approval.

[1]

Within 30 calendar days of receipt of a complete application for the modification of an existing WCF, the Zoning Officer shall notify the WCF applicant in writing of any information that may be required to complete such application.

[2]

Within 60 days of receipt of a complete application for the modification of an existing WCF, the Zoning Officer shall issue the required zoning permits authorizing modifications of the WCF.

(e)

Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standards of the American National Standards Institute and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

(f)

Aviation safety. WCFs shall comply with all federal, state, and local laws and regulations concerning aviation safety.

(g)

Public safety communications. WCFs shall not interfere with public safety communications, or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(h)

Radio frequency emissions. A WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant shall submit proof of compliance with all applicable standards relating to radio frequency emissions as part of any complete WCF application.

(i)

Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and/or the Middle Smithfield Township Code of Ordinances, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(j)

Non-conforming wireless support structures. WCFs shall be permitted to Collocate upon existing non-conforming wireless support structures. Collocation of WCFs upon existing wireless support structures is encouraged even if the wireless support structure is non-conforming as to location or use within a zoning district.

(k)

Inspections; reports. WCF shall be inspected on a regular basis to ensure structural integrity and compliance with applicable federal, state and local codes and regulations. Inspection reports shall be submitted to the Township upon request.

(l)

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be in an amount as established from time to time by resolution of the Board of Supervisors.

(m)

Indemnification. Each person or entity that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims 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 person or entity, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person or entity that owns or operates a WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(n)

Non-commercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennae for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this chapter.

(o)

Abandonment; removal. In the event that the use of a WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. A WCF not operated for a period of 12 months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:

[1]

All abandoned or unused WCFs and communications ancillary equipment or portions thereof shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Township, unless a time extension is approved by the Township.

[2]

If the WCF or communications ancillary equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future.

[3]

The Township reserves the right to pursue all available remedies under the law to ensure removal of the WCF and restoration of the site at the expense of the owner. Any delay by the Township in taking action shall not invalidate the Township's right to take action.

(p)

Maintenance. The following maintenance requirements shall apply:

[1]

All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for inspection, maintenance, repair, or replacement.

[2]

Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents and in accordance with all applicable Township, state, and federal regulations.

[3]

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

[4]

Failure to maintain. Where a WCF is not maintained in a manner to promote the safety and security of the Township's residents and in accordance with all applicable municipal, state, and federal regulations, the Township will issue a notice to remedy the condition to the owner of the WCF and the owner of the wireless support structure, where such owner is not a municipal entity. If the condition is not remedied within 30 days of the notice, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed jointly and severally against the owner of the WCF and the owner of the wireless support structure where such owner is not a municipal entity, and the owner of the property where the WCF facility is located outside the public rights-of-way, regardless of the owner's or operator's intent to operate the WCF in the future.

(2)

Specific requirements for non-tower wireless communications facilities.

(a)

The following regulations shall apply to all non-tower WCFs that do not meet the definition of a small WCF:

[1]

Small WCF exemption. Non-tower WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 044-050B(2). Such small WCFs shall be subject only to applicable permitting and the requirements of those sections specific to small WCFs.

[2]

Permitted in all districts. Non-tower WCFs shall be permitted outside the public rights-of-way as an accessory use in all zoning districts, subject to the provisions and restrictions herein.

[3]

Development regulations.

[a]

The total height of any non-tower WCF shall not exceed 15 feet above the preexisting height of the wireless support structure to which the WCF is attached.

[b]

In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township showing that the proposed non-tower WCF is designed to be the minimum height technically feasible and justifying the total height of the non-tower WCF.

[c]

If the WCF applicant proposes to locate the communications ancillary equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[d]

A security fence not to exceed eight feet in height shall surround any separate communications equipment building(s) if such communications equipment building(s) is located at ground level. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

[4]

Design.

[a]

In order to assist in evaluating the visual impact, the WCF applicant shall provide color photo simulations showing the proposed site of the non-tower WCF with a photo-realistic representation of the proposed WCF as it would appear viewed from the closest residential property, adjacent roads and from other locations as required by the Township.

[b]

Non-tower WCF shall be concealed or shall provide for stealth design methods that are compatible with the building and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth design utilized by the WCF applicant shall be subject to the approval of the Township.

[c]

Non-tower WCFs shall, to the extent technically feasible, incorporate architectural features, materials and colors which blend with surrounding buildings, structures, terrain or landscape.

[d]

Non-tower WCFs and communications ancillary equipment must be of a neutral color that is identical to or closely compatible with the wireless support structure so as to make the WCF and communications ancillary equipment as visually unobtrusive as possible. Roof-mounted non-tower WCFs shall match existing air-conditioning units, stairs, elevator towers or other background as nearly as possible.

[e]

Prohibited on certain structures. No non-tower WCF shall be located on single-family detached dwellings, single-family attached dwellings, single-family semi-detached dwellings, single-family detached dwellings, or any residential accessory structure(s).

[f]

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF at its sole discretion and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[g]

Timing of approval.

[h]

Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Zoning Officer, the Zoning Officer shall notify the WCF applicant in writing of any information that may be required to complete such application.

[i]

Within 90 days of receipt of a complete application for a non-tower WCF, the Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

(3)

Tower-based wireless communications facilities (excluding small WCF).

(a)

The following regulations shall apply to all tower-based WCF that do not meet the definition of a small WCF.

[1]

Small WCF exemption. Tower-based WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 044-050B(3). Such small WCFs shall be subject only to applicable permitting and the requirements of those sections specific to small WCFs.

[2]

Tower-based WCFs are permitted outside the public rights-of-way in the CON, RR, C1, C2, and I Zoning Districts as a conditional use in accordance with the requirements of this §§ 044-050B(3) and 044-050B(1).

(b)

Tower based wireless communication facilities are permitted by conditional use when located in the CON, RR, C1, C2, and/or I Zoning Districts in areas located 500 feet from the boundaries of the R-1, R-2, and R-3 Zoning Districts and 200 feet from any existing dwelling unit and all of the following criteria is satisfied.

[1]

Tower-based WCFs are permitted outside the public rights-of-way at a minimum height necessary to satisfy their function in the WCF applicant's wireless communications system and a maximum height of 120 feet.

[2]

The WCF applicant for a tower-based WCF approval shall prove to the reasonable satisfaction of the Board of Supervisors that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists.

[3]

The application shall include a site plan, drawn to scale, showing property boundaries, easements and lease lines, setback lines, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, access drives, parking, fences, landscaping and existing uses on adjacent properties.

[4]

The application shall include evidence that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Board of Supervisors' decision on an application for approval of the tower-based WCF.

[5]

The application shall include a written certification by a structural engineer licensed in the Commonwealth of Pennsylvania of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure will not exceed the structural capacity of the building when considering ice and snow loads as referenced in the prevailing Middle Smithfield Township Building Code.

[6]

An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing wireless support structure. The Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the communications antenna(s) on an existing wireless support structure. The WCF applicant shall demonstrate that it contacted the owners of all potentially feasible structures, buildings, and towers within a one mile radius of the site proposed, sought permission to install an communications antenna on those structures, buildings, and towers and was denied for one of the following reasons:

[a]

No existing support structure, building or other structure are located within the geographic area which meet the applicant's engineering requirements.

[b]

Existing support structures, buildings or other structures are not of sufficient height or strength to meet the applicant's engineering requirements.

[c]

The applicant's equipment would cause electromagnetic interference with equipment on the existing support structure, building or other structure.

[d]

The applicant demonstrates that there are other limiting factors that render other locations unsuitable.

[7]

Location regulations.

[a]

Tower-based WCFs shall not be located in, or within 100 feet of an area in which all utilities are located underground.

[b]

In no case shall a tower-based WCF be located within 500 feet of any adjacent residential zoning district or property used for residential purposes.

[8]

Design regulations.

[a]

Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF which is not located in the public right-of-way shall not exceed 120 feet, as measured vertically from the ground level to the highest point on the tower-based WCF, including communications antennas and subsequent alterations.

[b]

Visual appearance and land use compatibility shall comply with the following:

[c]

Tower-based WCFs shall employ stealth design which may include the wireless support structure being painted a certain color as approved by the Board or utilizing a galvanized finish.

[d]

All tower-based WCFs and communications ancillary equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

[e]

The Board of Supervisors shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent possible; and encourage sound engineering and land development design and construction principles, practices and techniques.

[9]

A tower-based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer.

[10]

The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100 feet plus the height of the proposed WCF structure or the applicable principal building setback, whichever is greater.

(c)

Fence/screen.

[1]

A security fence having a height not to exceed eight feet shall completely surround any tower-based WCF located outside the public rights-of-way, as well as communications ancillary equipment, guy wires, or any building housing communications ancillary equipment. The fence shall be consistent with the provisions of this chapter. Gates shall be locked, except during such times as the communications equipment is manned by operations or maintenance personnel.

[2]

Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. An evergreen screen shall be required to surround the communications ancillary equipment and fence. The screen shall consist of a row of evergreen trees which shall be planted at a maximum spacing of eight feet, center to center. The evergreen screen shall be a minimum height of four feet at planting and shall be a species that is expected to grow to a minimum height of 15 feet at maturity. In addition, existing vegetation which would aid in screening at and around the site shall be preserved to the greatest extent possible.

(d)

Communications ancillary equipment.

[1]

Communications ancillary equipment shall not intrude into the minimum setback requirements for the district in which the WCF is located or exceed a maximum height of 15 feet.

[2]

Ground-mounted communications ancillary equipment associated or connected with a tower-based WCF shall not be located within 50 feet of a lot in residential use.

[3]

Communications ancillary equipment associated, or connected, with a tower-based WCF shall be placed underground or shall be constructed using stealth design. All ground-mounted communications ancillary equipment, utility buildings and accessory structures shall be architecturally designed to be camouflaged from public view to the maximum extent possible and be compatible with the architecture of surrounding buildings, structures, or landscape.

[4]

One single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be permitted for each unrelated company sharing communications antenna space on the tower-based WCF.

(e)

Additional communications antennas. As a condition of approval for all Tower Based WCFs, the WCF applicant shall provide the Board of Supervisors with a written commitment that it will allow other service providers to collocate communications antennas on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional communications antennas without complying with the applicable requirements of this chapter.

(f)

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

(g)

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating that such lighting is unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township.

(h)

Each person that owns or operates a tower-based WCF shall maintain general liability insurance coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence.

(i)

Timing of approval.

[1]

Within 30 calendar days of the date that an application for a special exception tower-based WCF is filed with the Zoning Officer, the Zoning Officer shall notify the WCF applicant in writing of any information that may be required to complete such application.

[2]

Unless extended by the applicant in writing, within 150 days of receipt of a complete application for a tower-based WCF, the Board of Supervisors shall make a decision to approve or deny the proposed tower-based WCF and the Zoning Officer shall issue the required building and zoning permits authorizing construction of the WCF.

(4)

Regulations applicable to all small wireless communications facilities.

(a)

Location and development standards.

[1]

Small WCF are permitted by administrative approval from the Zoning Officer in all zoning districts, subject to the requirements of §§ 044-050B(1) and 044-050B(4).

[2]

Small WCF in the public right-of-way requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.

[3]

Applications for small WCF in the public right-of-way requiring the installation of a new wireless support structure shall require the applicant to demonstrate that collocation is not technically feasible or is not feasible due to the inability to acquire the requisite property rights.

[4]

All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act and all Township Code requirements applicable to streets and sidewalks.

(b)

Historic structures. No small WCF may be located within 100 feet of any historic structure.

(c)

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations.

(d)

Obstruction. Small WCF and communications ancillary equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the right-of-way as determined by the Township.

(e)

Graffiti. Any graffiti on a small WCF, including the wireless support structure and any communications ancillary equipment, shall be removed at the sole expense of the owner of the tower, or in default of the owner of the tower, the owner of the private property upon which the tower is located within 30 days of notification by the Township.

(f)

Design standards. All small WCF in the Township shall comply with the requirements of the Middle Smithfield Township Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Township office.

(g)

Application and timing of approval.

[1]

Applicants for small WCF shall include information showing compliance with the Township's Small Wireless Communications Facility Design Manual in the application.

[2]

Within 10 calendar days of the date that an application for a small WCF is filed with the Zoning Officer, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application.

[3]

Within 60 days of receipt of an application for collocation of a small WCF on a preexisting wireless support structure, the Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

[4]

Within 90 days of receipt of an application for a small WCF requiring the installation of a new or replacement wireless support structure, the Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

(h)

Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[1]

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

[2]

The operations of the Township or other governmental entity in the right-of-way;

[3]

Vacation of a street or road or the release of a utility easement; or

[4]

An emergency as determined by the Township.

(i)

Reimbursement for right-of-way use. In addition to permit fees as described in this section, every small WCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

E3. Emergency service facilities. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

E4. Essential services/utilities. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

E5. Helipad or heliport.

(1)

Applicant shall provide proof of approval from the Pennsylvania Bureau of Aviation prior to the issuance of a zoning permit.

(2)

No pad for any helipad or heliport shall be within 300 feet of any non-residential property line and 500 feet of any residential property line.

(3)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

E6. Principal solar energy system ("PSES").

(1)

Criteria applicable to all PSES.

(a)

PSES shall be permitted by conditional use only in the I Commercial Industrial Zoning District.

(b)

The project narrative shall include the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the principal solar energy system.

(c)

An affidavit or similar evidence of agreement between the property owner and the solar energy facility owner or operator demonstrating permission to apply for necessary permits for construction and operation of a principal solar energy system facility.

(d)

All PSES applications after the effective date of this chapter shall be required to meet the terms and conditions of the Middle Smithfield Township Code of Ordinances, including but not limited to Stormwater Management, Subdivision and Land Development, Building and Performance standards.

(e)

Any physical modification to any existing PSES, whether or not existing prior to the effective date of this chapter, that expands the PSES shall require approval under this chapter. Routine maintenance or replacements do not require a permit.

(f)

The PSES layout, design and installation shall conform to applicable industry regulations, and with all other applicable building, fire and life safety requirements.

(g)

All on-site utility transmission lines less than 34.5 kV and plumbing shall be placed underground to the greatest extent feasible.

(h)

All PSES shall be situated to eliminate concentrated glare onto nearby structures or roadways.

(i)

The owner of a PSES shall provide the Township written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid-connected system.

(j)

Signage shall comply with the prevailing sign regulations.

(k)

The PSES owner and/or operator shall maintain a phone number throughout the life of the project for the Middle Smithfield Township Zoning/Code Enforcement Officer to contact with inquiries and verified complaints. The PSES owner and/or operator shall make reasonable efforts to respond to inquiries and complaints from the Township. A contact name, with knowledge of the system, must be provided to Middle Smithfield Township with updates due to employee advancement or turnover.

(l)

The PSES shall meet the lot size requirements of the applicable zoning district.

(m)

PSES shall comply with the following setback requirements:

[1]

Building setbacks of the I District shall apply, except that when adjacent to any residential district or parcel, the solar panels must meet a minimum 50 foot setback. Fencing shall comply with the setbacks of the I District.

[2]

If the PSES occupies two or more adjacent properties, setbacks between the adjacent properties shall be waived along the shared property boundaries so that the PSES may be installed continuously and make the most efficient use of the project area.

(n)

No PSES shall encroach within any wetlands, wetland buffer, watercourse buffer, steep slopes, floodplains, floodways and/or other sensitive natural areas identified during the conditional use hearing.

(2)

Ground-mounted PSES.

(a)

The PSES shall meet the lot size requirements of the underlying zoning district.

(b)

Setbacks.

[1]

PSES shall comply with the setbacks of the underlying zoning districts for principal structures.

[2]

50 feet from adjacent residential districts or structures.

(c)

Ground-mounted PSES shall not exceed 15 feet in height.

(d)

Impervious coverage:

[1]

The area beneath the ground mounted PSES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the impervious surfaces limitations for the applicable Zoning District.

[2]

Gravel of paved access roads servicing the PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations.

(e)

Screening and vegetation:

[1]

Street screening shall consist of slat fencing or shrubs, six feet to eight feet high when mature, that shall be planted every 15 feet of property abutting a public right-of-way. Shrubs shall be planted adjacent to or outside of the road right-of-way.

[2]

Residential buffer screening may be slat fencing or a row of evergreen conifers or broadleaf evergreens spaced in accordance with the chosen species to achieve a continuous visual barrier reaching six feet to eight feet in height within two years of planting. Screening may be a combination of plantings and/or structures with prior approval by the Township.

[3]

Perimeter fence shall be placed between shrubs and solar panels.

[4]

Widespread use of herbicides to control ground cover growth is prohibited.

[5]

The applicant shall agree to, execute and record a maintenance agreement ensuring the continued maintenance of the screening in a manner and form acceptable to the Township, including but not limited to the posting of a performance guarantee.

(f)

The ground mounted PSES shall not be artificially lit except to the extent required for safety or applicable federal, state, or local authority.

(g)

Unless agreed to by the easement or right-of-way holder, ground-mounted PSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

(h)

Security.

[1]

All ground-mounted PSES shall be completely enclosed by a minimum eight foot high fence with a self-locking gate.

[2]

A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence and on the surrounding the PSES informing individuals of potential voltage hazards.

[3]

Access drives to solar inverter stations are required to allow for maintenance and emergency management vehicles. A recommended minimum cartway width is 20 feet.

[4]

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

[5]

The applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the principal solar energy system facility.

(i)

If a ground-mounted PSES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system must be returned to an environmentally stable condition.

(j)

Decommissioning.

[1]

An affidavit, or similar evidence, signed by the property owner and the PSES facility owner affirming a lease agreement with a decommissioning clause (or similar) and a successors and assigns clause. The decommissioning clause must provide sufficient funds to dismantle and remove the PSES, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, electrical components, roads and other associated facilities from the property. The successors and assigns clause must bind those successors and assigns to the lease agreement.

[2]

The PSES owner is required to notify the Township immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months and the owner has not initiated necessary remedial actions to return the PSES to a generating state. If the PSES owner fails to dismantle and/or remove the PSES within 18 months of cessation or abandonment, the Township may complete the decommissioning at the property owner's expense. The PSES owner must post a bond when the application for such a system is filed with the Township, in an amount determined by the Township's Engineer, to ensure the proper decommissioning.

[3]

The PSES owner shall, at the request of the Township, provide information concerning the amount of energy generated by the PSES in the last 12 months.

[4]

During the operation of the facility, a new engineer's estimate of cost for decommissioning shall be submitted every 10 years to the Township. Upon approval of the estimated costs by the Township's Engineer, a revised surety shall be provided to the Township in the amount of 150% of the new estimate.

(3)

Roof and wall mounted PSES.

(a)

For roof and wall mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of the Township that the roof or wall is capable of holding the load imposed on the structure.

(b)

PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.

§ 044-060 F - Retail and consumer service uses.

F1. Adult use.

(1)

Adult use applies to "adult use, bookstore," "adult use, live entertainment facility," "adult use, massage parlor," and "adult use, movie theater."

(2)

The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter:

(a)

To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the municipality and to limit the locations of adult uses where adverse secondary impacts can be minimized; and

(b)

To not attempt to suppress any activities protected by the free speech protections of the Commonwealth and United States Constitutions, but instead to control secondary effects through the criteria set forth below.

(c)

To recognize the adverse secondary impacts of adult uses that affect the health, safety and general welfare concerns of the Township. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.

(3)

An adult use and parking and driveway areas that serve it shall not be located within 500 lineal feet of any residential zoning district.

(4)

An adult use and parking and driveway areas that serve it shall not be located within 1,000 lineal feet of any existing dwelling on another lot, nursing home, personal-care home, assisted living center, primary or secondary school, nursery school, place of worship or day care center, or from any noncommercial recreation park open to the general public.

(5)

No adult use shall be located within 1,000 lineal feet from any existing adult use, measured from lot line to lot line.

(6)

No pornographic material, displays or words shall be placed in view of persons who are not inside of the adult use establishment.

(7)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations. As specific conditions of approval under this chapter, the applicant shall prove compliance, where applicable, with the following state laws, as amended: the Pennsylvania Liquor Code,[1] Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 am and 8:00 am.), Act 207 of 1990 (which pertains to obscenity) and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).

[1]

Editor's Note: See 47 P.S. § 1-101 et seq.

(8)

An adult use shall be prohibited in all zoning districts except where specifically allowed under the Table of Use Regulations Within Zoning Districts of the Zoning Ordinance[2] An adult use is a distinct use and shall not be allowed under any other use, such as a retail store or club.

[2]

Editor's Note: The Table of Use Regulations Within Zoning Districts is included as an attachment to this chapter.

(9)

A minimum lot area of 1.5 acres is required.

(10)

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

(11)

No use may include sex acts or genital or sexual contact between employees and/or entertainers; or between employees/entertainers and customers.

(12)

Only lawful massages, as defined by state court decisions, shall be performed in a massage parlor.

(13)

All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within an approved lawful "adult use, live entertainment facility."

(14)

Any application for such use shall state the full legal name of an on-site manager who shall be responsible for ensuring compliance with this chapter on a daily basis and who is authorized to accept enforcement notices and other legal documents on behalf of the owners. A telephone number shall be provided where the on-site manager can be reached during Township business hours. Such information shall be updated within two business days, in writing to the Zoning Officer, after any change in the person assigned as the on-site manager.

(15)

The use shall not operate between the hours of 12:00 a.m. midnight and 7:00 am. If state alcohol laws require that the Township allow a use to operate during later hours, then the adult use activities shall cease at 12:00 a.m. midnight.

F2. Convenience store and gas station. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(1)

Minimum lot width of not less than 250 feet shall be provided along each street on which the lot abuts.

(2)

The sale of convenience-type products shall be limited to a maximum floor area of 5,000 square feet.

(3)

Access to roads shall be at least 200 feet from the intersection of any streets.

(4)

All activities except those to be performed at the fuel pumps and/or stations shall be performed within a completely enclosed building.

(5)

Fuel pumps and canopies shall be at least 20 feet from any ultimate street right-of-way.

(6)

All refuse shall be stored within a building or enclosed area.

(7)

Approval shall be secured from the Pennsylvania Department of Environmental Protection for the underground storage of fuel.

(8)

The buffer requirements of the Middle Smithfield Township Subdivision and Land Development Ordinance shall be met.

F3. Drive-in business.

(1)

A stacking lane serving a minimum of eight cars shall be provided for all drive-in windows which shall not be used for parking lot circulation aisles, nor shall it in any way conflict with circulation or parking.

(2)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

F4. Funeral home. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

F5. Hotel/motel/inn. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(1)

Minimum lot area shall be three acres, unless a greater and/or more restrictive requirement is provided for in this chapter for the zoning district wherein the use is located, in which case the greater and/or more restrictive requirement shall govern.

(2)

The buffer requirements of the Middle Smithfield Township Subdivision and Land Development Ordinance shall be met.

(3)

Hotels may include accessory restaurant facilities, conference facilities, meeting rooms, spas, and tavern facilities.

(4)

Limited recreational amenities, such as pools and courts, are allowed. The use of these recreational amenities shall be restricted to the guests of the establishment.

F6. Health spa. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

F7. Night club/bar/tavern.

(1)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(2)

The buffer requirements of the Middle Smithfield Township Subdivision and Land Development Ordinance shall be met.

(3)

The parking requirements provided for in this chapter shall be complied with.

F8. Open air business/flea market.

(1)

Outdoor sales areas shall not encroach upon required parking areas and shall not interfere with traffic movement on the site.

(2)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(3)

The applicant shall provide the Township with plans to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control and cleanup after each day of operation.

(4)

All required permits and licenses must be applied for and issued to the applicant and all appropriate fees must be paid, including the appropriate flea market permit fee set forth in the Township fee schedule resolution.

(5)

There shall be no outdoor storage of supplies, goods or waste.

(6)

The appropriate area and number of off-street parking spaces shall be provided, and access to parking areas and emergency entrances shall be designated to minimize disturbance to adjoining properties. Flea market parking requirements for indoor facilities shall be a minimum of one space per 300 square feet of gross floor area and a maximum of one space per 200 square feet of gross floor area. The parking requirements for outdoor facilities shall be a minimum of one space per 375 square feet of gross floor area of sales and service buildings and a maximum of 1.5 spaces per 375 square feet of gross floor area of sales and service buildings.

(7)

A provision shall be made for water supply and sewerage disposal in accordance with accepted practice and applicable state, county and Township regulations and standards.

(8)

The operation of a flea market must comply with all state, federal and local rules and law.

(9)

Signs advertising a flea market shall comply with the limitations set forth in this chapter.

(10)

The proposed use and related structures shall be arranged and/or constructed in accordance with an overall plan and shall be designed as a single architectural style with appropriate landscaping and buffering in a form compliant with the Township ordinances and acceptable to the Township.

(11)

Minimum (Min.) Lot Area (acres)	Min. Lot Width (feet)	Maximum (Max.) Lot Coverage (Percent)	Min. Lot Depth (feet)	Min. Front Setback (feet)	Min. Side Setback (feet)	Min. Rear Setback (feet)
2	15	30	250	50	50	50

F9. Race track.

(1)

Minimum lot area: 30 acres.

(2)

The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[3] Notwithstanding anything contained in this chapter to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[4] and the practices prescribed by the Manure Management Manual.

[3]

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

[4]

Editor's Note: See 35 P.S. § 691.1 et seq.

(3)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

F10. Restaurant. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

F11. Restaurant, drive-in.

(1)

A stacking lane, serving a minimum of eight cars, shall be provided for all drive-in windows which shall not be used for parking lot circulation aisles, nor shall it in any way conflict with circulation or parking.

(2)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

F12. Service business. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

F13. Shopping center. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(1)

Minimum lot area shall be 10 acres unless a greater and/or more restrictive requirement is provided for in this chapter for the zoning district wherein the use is located, in which case the greater and/or more restrictive requirement shall govern.

(2)

Maximum lot coverage: 70%.

(3)

Maximum building coverage: 30%.

(4)

A traffic impact study shall be required.

(5)

No building or permanent structure, other than a permitted sign, shall be erected within 100 feet of a street line, or within 50 feet of any property line. No parking, loading, or service area shall be located less than 30 feet from any property line, with the further requirement that parking, loading or service areas shall not be permitted within the required buffered yard.

(6)

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

(7)

The distance at the closest point between any two buildings or groups of units of attached buildings shall comply with the applicable building code.

(8)

Lighting facilities that are dark sky compliant shall be provided and arranged in a manner that will protect the highway and neighboring properties from any direct glare of hazardous interference of any kind.

(9)

The buffer requirements of the Middle Smithfield Township Subdivision and Land Development Ordinance shall be met.

(10)

Access to roads shall be at least 200 feet from the intersection of any streets.

F14. Store, large retail.

(1)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

(2)

Sufficient measures shall exist or be established to minimize any noise to neighboring dwellings from loading or unloading operations or outdoor machinery.

F15. Store, retail. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

F16. Vehicle parking lot or garage. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

F17. Vehicle sales.

(1)

Minimum lot area: one acre.

(2)

Minimum setback requirement from any lot line shall be 40 feet.

(3)

This use shall be the only principal use permitted on the lot with the exception of a F18 vehicle service and repair facility owned by the same person/entity.

(4)

Buffer screenings in accordance with § 130-090 must be provided.

(5)

This use shall be a conditional use in the C1 and C2 zoning districts, a permitted by-right use in the I Zoning District, and a prohibited use in all other zoning districts.

(6)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

F18. Vehicle service and repair facility.

(1)

Junk vehicles or vehicles waiting repair shall not be stored outdoors for more than 30 days.

(2)

No vehicles shall be stored within any setback area.

(3)

Minimum lot area: one acre.

(4)

Minimum setback requirement from any side yard lot line shall be 40 feet.

(5)

This use shall be the only principal use permitted on the lot with the exception of a F18 vehicle service and repair facility owned by the same person/entity.

(6)

Buffer screenings in accordance with § 130-090 must be provided.

(7)

This use shall be a conditional use in the C1 and C2 zoning districts, a permitted use in the I Zoning District, and a prohibited use in all other zoning districts.

(8)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

F19. Veterinarian office or clinic. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

F20. Self-storage facilities.

(1)

Minimum lot area: two acres.

(2)

Minimum setback requirement from any side yard lot line shall be 40 feet.

(3)

Buffer screenings in accordance with § 130-090 must be provided.

(4)

All self-storage facilities shall be surrounded by a privacy fence at least six feet in height.

(5)

Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored. The outdoor storage area shall not be located in the required set back yards and shall not interfere with traffic movement through the complex.

(6)

Trash, radioactive or highly toxic substances, garbage, refuse, explosive materials, hazardous substances or similar items shall not be stored on the property.

(7)

Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

(8)

This use shall be a conditional use in the C1 and C2 Zoning Districts, a permitted by-right use in the I Zoning District, and a prohibited use in all other zoning districts.

(9)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

F21. Medical marijuana dispensary.

(1)

The use shall be set back a minimum of: 1) 1,000 feet from the property line of a primary or secondary school or child day care center. 2) 500 feet from the property line of a public park or playground, and 3) 250 feet from the property line of a residential district.

(2)

The use shall not have any outdoor activities, such as outdoor seating. All activity and aspects of the use shall be conducted indoors.

(3)

The use shall not be open for business beyond the maximum hours of 8:00 am and 8:00 pm.

(4)

The use shall comply with all other zoning requirements contained in this chapter that would apply to a retail store.

(5)

The applicant shall demonstrate to the satisfaction of the Zoning Officer that there will be sufficient security measures.

(6)

The use shall not have drive-through operations.

(7)

A buffer planting is required when the use adjoins a residential use or district, and such buffer shall maintain the following minimum required plantings:

(a)

One flowering (eight to 10 feet in height minimum) or canopy tree (two to 2 1/2 inch caliper minimum) per 40 feet of buffer, on average;

(b)

Plus one evergreen tree (seven to eight feet in height minimum) per 20 feet of buffer, on average;

(c)

Plus one shrub (24 to 30 inches in height minimum) per four feet of buffer, on average.

(8)

The minimum lot size shall be two acres.

(9)

Public water and sewer shall be required.

(10)

The medical marijuana dispensary shall be a maximum of 3,000 square feet in gross floor area.

§ 044-070 G - Industrial uses.

G1. Building material sales.

(1)

Storage yards shall be fully enclosed by fencing.

(2)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

G2. Bus maintenance/storage yard. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

G3. Extractive operation, water, sand and gravel pit, asphalt/concrete facility.

(1)

If a mineral extraction use involves mining activities over more than one acre of land in any calendar year, then the following additional requirements shall be met:

(a)

The applicant shall prove that a continuous route over roads will be available and will be used by trucks leaving the use that entirely involves roads with a minimum paved cartway width of 18 feet from the exit driveway of the mineral extraction use to reach Routes 209 or 402. This route shall consider any improvements that the applicant proposes to fund.

(b)

A copy of all information submitted to and received from federal and/or state agencies in accordance with their regulations, as amended, shall also be submitted to the Zoning Officer prior to the issuance of a use permit.

(c)

A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer. Compliance with such plan shall be a condition of Township permits and/or approvals.

(d)

After areas are used for mineral extraction, those areas shall be reclaimed in phases to a non-hazardous and environmentally sound state permitting some productive or beneficial future use.

(2)

The following minimum setbacks shall apply for the excavated area of a mineral extraction use from adjacent property that is not owned by the owner or operator of the mineral extraction use:

(a)

50 feet from the existing right-of-way of public streets and from all exterior lot lines of the property.

(b)

100 feet from a non-residential principal building unless released by the owner thereof.

(c)

150 feet from the lot line of a dwelling in a residential or conservation district.

(d)

150 feet from the lot line of a publicly owned recreation area that existed at time of the application for the use or expansion of the use.

(e)

The excavated area of a mineral extraction use shall meet the setback of 50 feet from the average waterline of a perennial stream or the edge of a natural wetland of more than two acres.

(3)

Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.

(4)

Stone quarry. Stone quarries whose ultimate depth shall be more than 25 feet shall provide the following:

(a)

A landscaped screening within the setback area as specified above shall be required. Such a screening shall be no less than 25 feet in width and setback from the excavation so as to keep the area next to the excavation planted in grass or ground cover and clear of any obstruction.

(b)

A chain link (or equal) fence at least 10 feet high and with an extra slanted section on top, strung with barbed wire, shall be placed at either the inner or outer edge of planting completely surrounding the area.

(c)

Warning signs shall be placed on the fence at intervals of no more than 100 feet.

(d)

The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.

(e)

A plan shall be submitted showing sequential phases of mining activities on the land. Mining activities shall be conducted on a maximum of 10 acres at a time. Reclamation shall be initiated on one phase before the next phase is opened for mining.

(f)

A plan shall be submitted showing how dust will be controlled.

(5)

Groundwater or spring water withdrawal, involving removal of an averaging of more than 10,000 gallons per day from a lot for off-site consumption. (Note: If the water is being utilized for uses on adjacent lots or as part of a central water system, it shall not be considered off-site consumption.)

(6)

Water studies (This section does not apply to asphalt/concrete facilities).

(a)

Purposes. To provide the Township with information to properly evaluate the impact a proposed development will have upon groundwater resources. To make sure that adequate water supplies will be available for the proposed use without negatively impacting adjacent uses dependent upon the same water source.

(b)

Credentials. The study shall be prepared, signed and sealed by a professional geologist or professional engineer with substantial experience in preparing similar studies. The written credentials of the person conducting the study shall be submitted to the Township.

(c)

The hydrogeologic study at a minimum shall include the following:

[1]

A location map for the proposed development showing proximity to waterways, lakes and major roads.

[2]

A proposed 30-day average rate and maximum daily rate of groundwater or spring water withdrawal from each water source.

[3]

A map showing water withdrawal points.

[4]

An analysis of the impacts of the water withdrawal upon the groundwater supply and upon uses and creek levels within a one-half-mile radius of the project, including agricultural activities.

[5]

Consideration of the impacts during both normal conditions and drought conditions. Drought conditions shall be documented.

[6]

The Board of Supervisors may require that the study include the construction of test wells to determine the impacts. The Board of Supervisors may require a draw-down test with monitoring of existing wells or a new monitoring well for a period of time (such as over 48 hours) necessary to determine the impacts upon neighboring wells. The level, rates, dates and times of water measurements shall be provided, and weather conditions shall be documented. The impacts upon a reasonable sampling of existing wells shall be recorded, provided that the owners of such wells grant permission for such studies.

[7]

The study shall be professionally acceptable to the Township Engineer or his designee.

(7)

The applicant is requested to offer a written statement of what, if any, guarantees, limitations or protections the applicant is willing to commit to address water issues. The applicant may, for example, offer to upgrade a neighboring well that becomes insufficient within a certain period of time, and may exempt certain shallow wells from such offer.

(8)

The gallons of usage may be measured based upon average use over a 30-day period.

(9)

Minimum lot area: five acres, plus any additional acreage that the Water Study may indicate is needed to show that the net withdrawal from the site will be neutral in its ability to be replenished by natural or other sources, up to a maximum of 100 acres.

(10)

Any bottling or processing operations shall be considered a distinct use and shall meet the requirements of this chapter.

(11)

If the water will be trucked off-site, any area used for loading or unloading of tractor-trailer trucks shall be set back a minimum of 150 feet from any adjacent residential or conservation district.

(12)

The applicant shall provide a written report by a professional engineer with substantial experience in traffic engineering. Such study shall analyze the suitability of the area street system to accommodate the truck traffic that will be generated in terms of structure, geometry, safety and capacity to accommodate the additional truck traffic. The applicant shall document the structural condition of the public roads that will serve as the routes by trucks from the use, including core borings and pictorial documentation, for review by the Township Engineer. If it is determined that the roads are not able to support the proposed design loads coming from the proposed operation and/or will be expected to exceed to design capability of the original road design, then the Township shall require that the applicant post financial security to cover the costs of damage that may occur to public roads as a result of the trucks carrying mining materials.

(13)

Explosives that may be stored on site for use in extractive operations shall only be in strict conformance with state and federal law, as amended. Permits and licenses to store and/or warehouse explosives shall be provided to the Township prior to the issuance of a zoning permit.

(14)

Hours of operation. The Board of Supervisors, as a condition of conditional use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

(15)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

G4. Fuel storage and distribution. This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

G5. Junkyard.

(1)

Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas and the contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein-prescribed and shall be stored in such a manner to insure that it will not be transferred out of the junkyard by wind, water or other natural causes.

(2)

The storage and/or dumping of trash, garbage, biodegradable material, toxic chemicals or nuclear wastes shall be prohibited.

(3)

All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures or other means.

(4)

All vehicles must be drained of all liquids before they are placed in the junkyard. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided to prevent contamination of groundwater or nearby waterways. The base shall be sloped to drain to a sump or holding tank and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad must be able to retain run-off from a 100-year, 24-hour storm. All hazardous liquids shall be properly disposed of according to state regulations, as amended.

(5)

All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.

(6)

Minimum lot area: three acres.

(7)

Maximum lot area: five acres.

(8)

The land area used for junkyard purposes shall not be exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.

(9)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

G6. Landfill, sanitary.

(1)

Minimum lot area: 50 acres.

(2)

Minimum setback: 200 feet from lot line(s) and street line(s).

(3)

No burning or incineration shall occur except within an approved waste-to-energy facility.

(4)

Applicant shall prove to the satisfaction of the Board of Supervisors that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas and especially considering the width and slopes of streets in the Township.

(5)

The use shall be served by a minimum of two paved access roads, each with a minimum cart way width of 24 feet. One of these roads may be restricted to use by emergency vehicles. The applicant shall document the structural condition of the public roads that will serve as the primary routes by trucks to the use, including core borings and pictorial documentation, for review by the Township Engineer. If it is determined that the roads are not able to support the proposed design loads coming from the proposed operation and/or will be expected to exceed to design capability of the original road design, then the Township shall require that the applicant post financial security to cover the costs of damage that may occur to public roads as a result of the trucks.

(6)

A sanitary landfill shall only be approved if the applicant proves that a continuous route over roads is available that entirely involves roads with a minimum paved cartway width of 18 feet between the exit driveway of the landfill and Routes 209 or 402.

(7)

A chain link or other approved fence with a minimum height of eight feet shall surround active sanitary landfills to prevent the scattering of litter and to keep out children unless the applicant proves to the satisfaction of the Board of Supervisors that this is unnecessary. The Board shall require earth berms, evergreen screening and/or shade trees, as needed, be used to prevent landfill operations from being visible from dwellings. At a minimum, a 100-foot buffer shall be provided along all property lines. The buffer shall meet the requirements of this chapter.

(8)

An attendant shall be present during all periods of operation or dumping.

(9)

The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.

(10)

The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.

(11)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

G7. Manufacturing, other than "manufacturing, light."

(1)

The manufacture of fireworks shall not be allowed in the C1 District. Fireworks that may be manufactured, stored and/or warehoused in the Industrial District shall only be in strict conformance with state and federal law, as amended. Permits and licenses to store and/or warehouse explosives shall be provided to the Township prior to the issuance of a zoning permit.

(2)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

G8. Manufacturing, light.

(1)

The use shall be conducted within a completely enclosed building.

(2)

The use shall not create explosive or fire hazards.

(3)

The use shall not involve outdoor storage of materials that exceeds more than 50% of the building floor area.

(4)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

G9. Resource recovery facility.

(1)

Minimum lot area: 10 acres.

(2)

Any such use shall be a minimum of 200 feet from any public road as measured from the ultimate right-of-way of the road and 200 feet from any property line. Additionally, any resource recovery facility shall be a minimum of 300 feet from any residential zoning district.

(3)

Parking areas, vehicle storage, maintenance or accessory buildings shall be a minimum of 100 feet from any property line.

(4)

Operation of a resource recovery facility shall at all times be in full compliance with the statutes of the Commonwealth, as amended, the Rules and Regulations of the Department of Environmental Protection (DEP), as amended, and all provisions of this chapter and all other applicable ordinances. In the event that any of the provisions of this chapter are less restrictive than any present or future Rules or Regulations of DEP, the more restrictive DEP regulations shall supersede and control.

(5)

Litter control shall be exercised to confine blowing litter to the work area and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches, feet inside all boundaries. The entire area shall be kept clean and orderly.

(6)

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color. This limitation of access may be waived by the governing body for recycling drop-off stations where public access is essential for the operation.

(7)

Unloading of municipal waste shall be continuously supervised by a facility operator.

(8)

Hazardous waste, as included on the list of hazardous waste maintained by the Department of Environmental Protection (DEP), shall not be disposed of in a resource recovery facility.

(9)

All parts of the process, including unloading, handling and storage of municipal waste, shall occur within a building. However, certain separated, non-putrescent, recyclable materials like glass, aluminum, and other materials may be unloaded, handled or stored outdoors when authorized by the Governing Body. All outdoor storage shall meet the standards of other Subsections hereof.

(10)

Paper shall be stored within an enclosure.

(11)

Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or properties.

(12)

No material shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

(13)

No municipal waste shall be processed or stored at a recycling facility. For types of resource recovery facilities other than a recycling facility, municipal waste shall not be stored on the site for more than 72 hours.

(14)

A contingency plan for disposal of municipal waste during a plant shutdown must be submitted to the Zoning Officer and approved by the governing body.

(15)

For a solid waste transfer facility, all loading and unloading of solid waste shall only occur within an enclosed building and over an impervious surface drain to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.

(16)

Leachate from the municipal waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with Pennsylvania Department of Environmental Protection's (DEP) regulations, as amended. If the leachate is to be discharged into a municipal sewage treatment plant appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the DEP regulations.

(17)

Waste from the resource recovery facility process shall be stored in such a manner as to prevent it from being carried from the site by wind or water. Such residual waste shall be located at least 200 feet from any property line and stored in leak proof and vector proof containers. Such residual processed waste shall be disposed of in a sanitary landfill approved by Pennsylvania Department of Environmental Protection (DEP) or in another manner approved by DEP.

(18)

A 50 foot dense evergreen buffer shall be maintained as a permanent visual screen. The visual screen shall begin at the ground and extend to the height of the fence. Evergreens shall be six to eight feet in height when planted. The lower branches of mature trees shall not be removed. The buffer shall meet the requirements of this chapter.

(19)

A traffic impact study and a water impact study shall be required.

(20)

A certificate of pollution insurance in compliance with all applicable sections of the Pennsylvania Municipalities Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988),[1] as amended, shall be required on an annual basis.

[1]

Editor's Note: See 53 P.S. § 4000.101 et seq.

(21)

Recycling collection center as an accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Township-owned use, subject to the limitations of this section.

(22)

This use shall not be bound by the requirements of a solid waste disposal facility.

(23)

All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.

(24)

Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use except for that generated on-site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on-site.

(25)

The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or land filling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.

(26)

The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds except within the industrial district.

(27)

The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 200 feet of an existing dwelling.

(28)

Any composting of manure shall be restricted to lots of five acres or greater. Such composting shall comply with the published manure management standards of the Pennsylvania State University Cooperative Extension Service, as amended.

(29)

All composting shall be conducted in such a manner that does not create a fire hazard, or create a rodent or disease-carrying insect hazard, and does not cause noxious odors off of the subject property.

(30)

Composting shall be permitted as an accessory use, provided that the composting is limited to biodegradable vegetative material, including trees, shrubs, leaves and vegetable waste. Such composting shall be kept free of other garbage and animal fats.

(31)

Setbacks. Composting areas of greater than one acre shall be set back 75 feet from abutting residential lot lines.

(32)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

G10. Slaughterhouse.

(1)

All storage and processing shall be conducted inside of a building.

(2)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

G11. Logistics center.

(1)

Minimum lot area: 10 acres.

(2)

Trucks with compressors running 24 hours a day shall be located within a quadrangle of buildings or walls.

(3)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

(4)

Large logistics centers shall be permitted as a conditional use only within the I Industrial Zoning District. Small logistics centers shall be permitted by conditional use in the C2 and I Zoning Districts.

(5)

Site improvement setbacks. All site improvements associated with small logistics centers and/or large logistics centers shall be setback from property lines and street right-of-way lines in accordance with the following equation, rounded up to the nearest foot. For the purposes of this section, the limits of site improvements shall be considered the limits of proposed earth disturbance activities. Access drives and their associated earth disturbance activities shall be allowed within/through the site improvement setback area. In the event a more restrictive setback requirement than this requirement applies to the subject property and/or use under the Middle Smithfield Township Zoning Ordinance, the more restrictive setback requirement shall control.

Minimum Required Site Improvement Setback (feet) = [0.0002 x Sum of Building Sizes (in square feet)] + 50

(6)

Woodland removal. For small logistics centers and large logistics centers, no more than 50% of the existing mature woodlands on the lot of the logistics center shall be removed.

(7)

Driveway location. The centerline of all proposed access drives shall be located a minimum of 75 feet from any property line for small logistics centers, and 150 feet from any property line for large logistics centers.

(8)

Queuing.

(a)

For small logistics centers and large logistics centers, adequate queuing space shall be provided within the property boundaries to prevent the stacking of vehicles on or along public streets. The applicant shall demonstrate to the satisfaction of the Township Engineer that there is adequate queuing space provided.

(b)

For small logistics centers and large logistics centers, queuing, or circling of vehicles, on public streets immediately pre- or post-entry to the site is strictly prohibited.

(9)

Parking. For small logistics centers and large logistics centers, off-street parking spaces ("stalls") shall be provided in accordance with the applicable requirements of Article V in this chapter. The number of proposed tractor-trailer loading docks/bays shall be clearly indicated and summarized on the plan and/or application. Computations shall be provided on the plan for the required and proposed number of 'regular' parking spaces, tractor-trailer spaces, trailer spaces, and stacking/storage spaces. The type of parking spaces shall be clearly labeled on the plan and/or application. For parking calculations, the "employee on the largest shift" shall be considered the "maximum number of individuals on the site" as noted herein.

(10)

Outdoor storage. For small logistics centers and large logistics centers, no outdoor storage of goods, products, materials, trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins, or similar items shall be permitted.

(11)

Individuals on site. For small logistics centers and large logistics centers, the maximum number of proposed individuals on the site to be present at any given time (during the largest shift) shall be clearly specified on the plan and/or application. This includes all employees, office workers, managers, staff, operators, laborers, contractors, drivers, patrons, etc.

(12)

Trips. The maximum number of proposed trips for small logistics centers and large logistics centers, broken down for each type of vehicle to use the facility and then combined, shall be clearly specified on the plan and/or application. These figures shall be the maximum number of allowed trips for the property and use for the life of the development and use, unless otherwise approved by the Township.

(13)

Traffic impact study. All applications for a logistics center, both small logistics centers and large logistics centers, shall be required to provide a Traffic Impact Study of a scope and form deemed acceptable to the Township Engineer. Applicants shall be required to install all required traffic improvements and all recommended and/or suggested on-site traffic improvements provided for within the study as deemed necessary by the Township and/or PennDOT.

(14)

Turning templates. For small logistics centers and large logistics centers, to verify vehicle turning movements at the entrance and exit access drive and street intersections and throughout the site, turning template exhibits shall be provided for the largest anticipated vehicle to access the site.

(15)

Anti-idling signs. For large logistics centers, No Idling signs (PennDOT R7-100) indicating a three-minute diesel truck engine idling restriction shall be installed along tractor-trailer access drives and loading/unloading docks at minimum 100-foot intervals.

(16)

Disposal of pollutants. For large logistics centers, the use shall include an appropriate and Township approved system to contain and properly dispose of any fuel, grease, oils or similar pollutants that may spill or leak where such substances are stored or where vehicles are fueled, repaired, or maintained. The applicant shall demonstrate to the satisfaction of the Township Engineer that the proposed system will adequately contain and properly dispose of such pollutants.

(17)

Berms. For large logistics centers, earthen berms shall be provided around the exterior of all parking spaces and areas for tractor-trailers and loading/unloading areas. If these areas are in a cut greater than 15 feet below the adjacent grades, then berms are not required. The berms shall meet the following criteria:

(a)

Minimum height shall be 15 feet above the adjacent grade of the edge of bituminous paving;

(b)

Minimum top width shall be five feet;

(c)

Maximum side slopes shall be two feet horizontal to one foot vertical; and

(d)

Such berms shall include landscaping with the following minimum required plantings:

[1]

One flowering (eight to 10 feet in height minimum) or canopy tree (two to 2 1/2 inch caliper minimum) per 40 feet, on average;

[2]

Plus one evergreen tree (seven to eight feet in height minimum) per 20 feet, on average;

[3]

Plus one shrub (24 to 30 inches in height minimum) per four feet, on average.

(18)

Routing plan. For large logistics centers where tractor-trailers will be the largest anticipated vehicle to access the site, a routing plan shall be presented that depicts the proposed routes along streets from the site to the boundary of the Township and from the Township boundary to the site, any existing signs relating to tractor-trailer traffic, and proposed signs restricting access to Township streets. The applicant shall also present an implementation and education plan and program that the applicant will utilize to ensure compliance with the proposed routing plan by its employees, patrons, representatives and/or others accessing the site. The applicant shall be responsible to purchase and install proposed signs deemed necessary by the Township to ensure compliance with the routing plan. Signs shall also be installed at all applicable exit access drives directing drivers to the appropriate route(s). The applicant shall be responsible for any deviation from the routing plan by drivers during the operations of the site and shall sign an acknowledgement and/or similar agreement wherein the applicant shall agree to require and ensure that the routing plan is complied with, to enforce the routing plan and to be responsible for a fee to the Township in the event of noncompliance with the routing plan.

(19)

Colors. For large logistics centers, building and retaining wall colors shall be low-reflective, subtle, or earth tone and subject to Township review. Fluorescent and metallic colors are not permitted.

(20)

A logistics center may include facilities that provide locations for drivers to rest and plan operations (next leg of travel).

(21)

All logistics centers shall include and/or install a facility/station wherein any and all accumulated snow and ice will be removed from the trucks and trailers prior to leaving the property.

(22)

All logistics centers shall include and/or install noise mitigation improvements and measures, including but not limited to supplemental landscape buffers and berms, in addition to those required in § 044-070K(17)(d) hereinabove, and/or other noise mitigation improvements along property boundaries bordering and/or facing residential uses and/or other nonindustrial and/or non-commercial use, in a manner and form deemed acceptable to the Township Engineer.

(23)

All logistics centers shall be required to be served by public or adequate community septic and water systems and shall include bathrooms within the building(s).

G13. Medical marijuana grower/processor.

(1)

The applicant shall demonstrate to the satisfaction of the Zoning Officer that there will be sufficient security measures.

(2)

The operations shall be conducted indoors.

(3)

The use shall be setback a minimum of: 1) 1,000 feet from the property line of a primary or secondary school or child day care center, 2) 500 feet from the property line of a public park or playground, and 3) 250 feet from the property line of a residential district.

(4)

The use shall comply with all of the same zoning requirements that would apply to a manufacturing use.

(5)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

§ 044-080 H - Accessory uses and structures.

H1. Accessory structure. Accessory structures shall only be allowed as accessory to a principal structure within the terms of this chapter. All accessory structures shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

(1)

Accessory structures for non-residential principal structures.

(a)

Building height and setback requirements shall meet the requirements for the principal use in the district in which it is located in.

(b)

Outside storage and display areas shall occupy an area of less than one-half the existing building coverage.

(c)

Outside storage areas shall be shielded from view from all public streets and adjacent residential lots, except that in the case of a retail commercial use with over 50,000 square feet of gross floor area, the Board of Supervisors may allow an outdoor area for display of retail merchandise that fronts on PA 209 to be visible from PA 209.

(d)

Outside display shall be shielded from any adjacent residential uses.

(e)

Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use or required parking area.

(f)

No such storage or display shall occur on areas with a slope in excess of 25% or within the 100-year floodplain.

(g)

Any outdoor storage of more than five tires on a lot in a residential district or more than 50 in a non-residential district shall only be permitted as part of a Township-approved junkyard.

(h)

Accessory structures, outside storage and display areas shall not encroach upon the front yard or any buffer yard.

(2)

Fences and walls.

(a)

Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be repaired, replaced or removed.

(b)

No fence, wall or hedge shall obstruct the sight requirements elsewhere in this chapter.

(c)

Any fence located in the required minimum front yard of a lot in a residential district shall be an open-type of fence (such as picket, wrought iron, chain link or split rail) with a minimum ratio of 1:1 of open to structural areas and not exceed five feet in height.

(d)

On a corner lot, a fence or wall shall meet the same requirements along both streets as would apply within a front yard. A fence shall not be required to comply with minimum setbacks for accessory structures.

(e)

A fence located in a residential district in a location other than a required front yard shall have a maximum height of six feet, except a maximum of height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard.

(f)

No fence shall be built within an existing street right-of-way. A fence may be constructed without a setback from a lot line except where buffer plantings are required elsewhere in this chapter. Where no setback is required, a one-foot or greater setback is recommended to provide for future maintenance of the fence and to account for possible inaccurate lot lines.

(g)

Barbed wire shall not be used as part of fences around dwellings. Electrically charged fences shall only be used to contain farm animals and shall be of such low intensity that they will not permanently injure humans. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums or barrels.

(h)

Engineered retaining walls.

(i)

No wall of greater than four feet shall be located in the required front yard in a residential district except as a backing for a permitted sign as permitted elsewhere in this chapter.

(j)

A wall in a residential district outside of a required front yard shall have a maximum height of four feet if it is within the minimum accessory structure side yard setback. A wall exceeding four feet shall be set back a minimum of

(k)

Walls that are attached to a building shall be regulated as a part of that building.

(3)

Accessory structures to residential principal structures.

(a)

A garage for personal motor vehicles, a storage shed for household items, a gazebo, a private greenhouse and similar accessory buildings shall be allowed. These structures may be placed in the side and rear yards at a distance from property lines of no less than five feet, unless an easement limits the ability to place the accessory structure that close to the property line, provided that the size of the structure is no more than 160 square feet. Structures in excess of 160 square feet shall be setback a minimum of 10 feet from the property line, unless an easement limits the ability to place the accessory structure that close to the property line.

(b)

A side yard setback is not required for a structure that is accessory to a dwelling from a lot line along which two dwellings are attached (such as a lot line shared by twin dwellings). However, such structure shall still meet the minimum side yard on a lot line where the dwellings are not attached.

(c)

Accessory structures shall not be located within a front yard nor within any yard required to be equal in width to a front yard along a street on a corner lot.

(4)

Recreational vehicles. No such vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such a use, except for special occasions

(5)

Swimming pool.

(a)

No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 24 inches at the deepest or lowest point unless a permit is first obtained from the zoning officer and the required plans and information are filed, together with required permit fees. Wading pools, which are exempt from the provisions of this chapter, are those temporary pools of plastic, light metal, or other light duty material which do not exceed 24 inches in depth at the deepest or lowest point, and, in addition, which are completely emptied of water when not in use.

(b)

Each pool or water area and the decking, paving or coping surrounding it or associated with it shall be located not less than the front building line and no closer than 10 feet to any property line, unless an easement limits the ability to place the swimming pool that close to the property line.

(c)

Building permits are required prior to the construction, alteration, remodeling, or additions to a swimming pool or other artificial water areas not specifically exempt from this chapter. Proposed grading associated with the installation of a new pool shall be shown on all submitted permit plans.

(d)

Any pool or water area subject thereto shall be suitably designed, located, and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use for an above ground pool. Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.

(e)

A minimum isolation distance of 10 feet shall be required between a swimming pool and any sewage disposal system.

(f)

No pool shall be located under any electrical power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.

(g)

Should the owner abandon the pool, a demolition permit shall first be obtained from the Zoning Officer.

(h)

This use shall comply with any barrier requirements of the Uniform Construction Code.

(6)

Satellite dish antenna, aerials, masts, radio and television facilities and flagpoles.

(a)

Such structures shall be set back from all property lines a distance equal to the height of the structure.

(b)

Such structures shall be anchored to the ground in accordance with building code requirements.

(c)

Such structures may have a maximum height of up to 75 feet.

(d)

The following additional regulations shall apply to satellite dish antennas:

[1]

Satellite dish antennas one meter (39.37") or less in diameter are subject to the following regulations:

[a]

A satellite dish shall not be located within the front yard of a residential structure, unless the applicant demonstrates that the location of the satellite dish in the rear or side yard would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.

[b]

Roof mounting.

[i]

For residential uses, the antenna shall be located on a portion of the roof sloping away from the front of the lot and no part thereof shall project above the ridge line, unless the applicant demonstrates that anchoring the antenna to the rear portion of the roof would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.

[ii]

If the total height of the satellite dish antenna and mast will exceed 12 feet above the roof line, the applicant must provide a certified statement from a registered engineer that the proposed installation meets or exceeds the building code requirements. This shall include documentation of the load distributions within the building's support structure.

[c]

A satellite dish antenna shall not be mounted on a chimney.

[d]

Historic properties. The location of satellite dishes on a designated or eligible historic site, building, structure, or object is subject to review by the Township and other regulatory agencies having jurisdiction over said historical properties.

[2]

Satellite dish antennas greater than one meter (39.37") in diameter are permitted by conditional use only, subject to the following regulations:

[a]

When separately supported, the total height of the satellite dish antenna shall not exceed 12 feet.

[b]

When separately supported, the satellite dish antenna shall be screened by staggered plantings of evergreen trees or hedge which present a solid visual barrier to any adjoining residential uses and to the street.

[c]

[d]

Roof mounting of any satellite dish antenna is only permitted subject to the following:

[i]

The applicant must demonstrate that anchoring the antenna to the ground would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.

[ii]

A satellite dish antenna shall not be mounted on a chimney.

[iii]

[3]

For commercial uses, for antennas greater than one meter (39.37") in diameter, the applicant must provide a certified statement from a registered engineer that the proposed installation meets or exceeds the building code requirements. This shall include documentation of the load distributions within the building's support structure.

[4]

Residential installations:

[a]

The diameter of a satellite dish antenna shall not exceed nine feet when proposed as an accessory use to a residential use or to any use in CON, RR, R1, R2 and R3 districts.

[5]

Commercial installations:

[a]

The diameter of a satellite dish antenna shall not exceed 23 feet when proposed as an accessory use to any use in the C1, C2 and I districts.

H2. Accessory use. The following shall be allowed as an accessory to a principal dwelling, subject to and conditional on complying with the following requirements.

(1)

Parking.

(a)

Parking for motor vehicles, provided that there shall not be exterior parking of more than one commercial vehicle. A maximum of two commercial vehicles may be parked on the lot. No truck parked on the lot shall have an aggregate gross vehicle weight of greater than 14,000 pounds, unless it will be kept a minimum of 100 feet from the lot line of any other dwelling. One school bus may be parked on a residential lot if the resident is a school bus driver and is required to bring the vehicle home.

(b)

Repairs of a truck with an aggregate gross vehicle weight of over 14,000 pounds aggregate gross vehicle weight shall not occur on a residential lot. Repairs of motor vehicles that are not owned or leased by a resident of the lot or his/her relative shall not occur on a residential lot.

(2)

Yard sales.

(a)

A yard sale shall not include wholesale sales or sale of new merchandise of a type typically found in retail stores.

(b)

Each dwelling may have a maximum of six garage sales in any calendar year. Each sale shall be at least one month apart. Each sale shall last a maximum of three days.

(c)

The use shall be clearly accessory to the principal use.

(d)

No outdoor storage shall be permitted when the sale is not in operation.

(e)

A Township permit shall be required.

(f)

All items shall be placed and offered for sale within the confines of the property described in the permit.

(g)

No toxic substances or alcoholic beverages shall be offered at a garage sale.

(h)

A community yard sale shall be considered a special event. A "community yard sale" means more than one family placing items for sale at a communal location such as, but not limited to, a clubhouse or church.

H3. Agriculture, retail.

(1)

The agriculture, retail use shall be an accessory use incidental to, and at the location of, one of the following uses: agriculture, general, agriculture, intensive, or nursery.

(2)

A minimum annual average of 50% of the products offered for retail sales shall be limited to products produced on the property by the agriculture, general and/or agriculture, intensive and/or nursery uses which shall be determined by sale receipts. The landowner shall keep sufficient records in order to establish compliance with this limitation.

(3)

Any structures erected for the agriculture, retail accessory use that are not permanent in nature shall be disassembled during seasons when products are not offered for sale.

(4)

No agriculture, retail accessory use structure shall be located closer than 50 feet from a lot line of an existing dwelling.

(5)

No agriculture, retail accessory use shall occupy more than 5,000 square feet of gross floor area.

(6)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

H4. Bus shelter.

(1)

Bus shelters shall be allowed in all districts by right, if the shelter will be regularly served by a school bus or a regularly scheduled local public transit bus route.

(2)

The location of any bus shelter shall be subject to approval by the Township.

(3)

A bus shelter shall have a maximum floor area of 60 square feet and be firmly anchored to the ground, with a hard surface.

(4)

A bus shelter shall be constructed primarily using clear shatter-resistant materials.

(5)

A bus shelter shall not obstruct a clear sight triangle or clear zone in conformance with PennDOT Design Manual Chapter 12 or succeeding policy guidance.

(6)

Unused bus shelters must be removed within 30 days after the intended use is no longer occurring.

H5. Day care center, exempt premises. See definition under "day care." The use shall comply with any applicable local, state and federal regulations, as amended, and H8 Home-based Business Requirements.

H6. Dwelling, accessory apartment.

(1)

Except for a dwelling, accessory apartment developed as part of a TND, all other Dwelling, accessory apartments shall only be occupied by a relative of the owner-occupant of the principal dwelling unit.

(2)

Accessory apartments may contain separate cooking, sleeping, living and bathroom facilities.

(3)

There shall be no changes to the exterior of the residence which suggests that the dwelling unit is other than a single-family dwelling or which would otherwise detract from the single-family character of the neighborhood.

(4)

No more than one accessory apartment shall be permitted per single-family detached dwelling, per lot.

(5)

Each accessory apartment shall be registered with the Zoning Officer, who shall keep a record of its use to ensure compliance with this section.

(6)

Access for the accessory apartment shall be restricted to the existing access to the lot; no additional or multiple driveways will be permitted.

(7)

The applicant shall establish a legally binding mechanism in a form acceptable to the Township that will prohibit the use of the accessory apartment as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners and recorded against the property.

H7. Homeless shelter, temporary.

(1)

The homeless shelter, temporary shall be sponsored and supervised by a government agency, place of worship, or a nonprofit organization.

(2)

The maximum number of residents shall be indicated at the time of application, and that number, not including employees, shall not exceed any applicable minimum space requirements.

(3)

Applicant must prove that there are adequate sanitary facilities and supervision to serve the temporary use.

(4)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.

H8. Home-based business/home occupation.

(1)

Low-impact home based business. A business administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use, and that meets the following requirements:

(a)

The use shall not customarily attract customer, patient or client vehicle traffic to the site for business persons, except for an allowed type of accessory child day care use;

(b)

The use shall not involve service to the site by tractor-trailer trucks; and

(c)

The use shall not involve more than one truck or bus that customarily operates from the property or is stored on the property for home-based business purposes.

(d)

There shall be no more than one employee associated with the use on the property.

(e)

Shall not alter the residential character of the neighborhood.

(2)

No-impact home-based business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements, in addition to the requirements for a low-impact home based business:

(a)

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

(b)

The business shall employ no employees other than family members residing in the dwelling.

(c)

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(d)

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(e)

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

(f)

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

(g)

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

(h)

The business may not involve any illegal activity.

H9. Outside storage.

(1)

(2)

No such storage or display shall occur on areas with a slope in excess of 25% or within the 100-year floodplain.

(3)

Shall not be permitted as an accessory use to residential uses.

(4)

Tire storage.

(a)

For tires not mounted on a motor vehicle, any outdoor storage of more than five tires on a lot in a residential district or more than 50 tires in a non-residential district shall only be permitted as part of a Township-approved junkyard.

(b)

Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks, and from all lot lines by a minimum of 25 feet. If tires are stored on a lot for more than six months, they shall be stored within a building or trailer.

(c)

The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.

H10. Pets, keeping of (animals, domestic) and (animals, exotic).

(1)

A non-commercial kennel shall be established as an accessory use only.

(2)

No more than a combined total of five dogs, cats or other similar-sized domestic animals shall be kept by residents of each dwelling unit. Animals of less than six months of age shall not count toward this numeric limit.

(3)

Animal shelters and runs shall not be located closer to the property line than 15 feet or the minimum yard requirement, whichever is greater.

(4)

Animals shall not be permitted to run loose onto streets or the property of others.

(5)

Animal shelters and runs shall be properly cleaned and maintained to prevent the creation of any nuisance, health hazard or odor, as regulated by this chapter.

(6)

Except for the sale of young animals born to pets kept under the permanent care of the occupants, no animals shall be sold or offered for sale on the property.

(7)

This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations.

(8)

Up to three chickens or other similarly sized poultry shall be allowed as an accessory use to a single family detached dwelling on a lot of more than 1/4 acre, subject to the following restrictions

(a)

A coop is required. Minimum size is 15 square feet. The coop shall be stationary, secure, roofed and enclosed in a way that contains the chickens. A coop requires the issuance of a zoning permit and must meet accessory structure setbacks.

(b)

It shall be unlawful to allow chickens to run at large upon adjoining properties. A coop must include an attached or detached run or fenced in area.

(c)

Manure shall not be allowed to accumulate to the degree that it becomes a public health hazard or an odor, insect or other hazard.

(d)

A rooster is not permitted.

H11. Recycling collection center.

(1)

Setback requirements shall meet the requirements for the principal use in the district in which it is located in.

(2)

Outside storage is not allowed.

(3)

Owners of the recycling collection centers shall have a sufficient pickup schedule to insure that material does not overflow the containers provided. If material continues to overflow the containers after receiving three notices from the Township, the permit for the recycling collection center may be revoked and the recycling collection center removed at no expense to the Township.

(4)

There shall be no employees at the property.

(5)

Such an accessory use shall remain incidental and secondary to the primary use on the property.

(6)

No alterations to the property shall be permitted that would alter its primary use appearance.

H12. Accessory solar energy system ("ASES").

(1)

Criteria applicable to all accessory solar energy systems:

(a)

An accessory solar energy system is permitted by right in all zoning districts as an accessory to a principal use. An accessory solar energy system may be roof mounted or ground mounted.

(b)

Such accessory uses shall not interfere with the reception of any radio, television or other communication equipment, nor inhibit solar access to adjacent properties.

(c)

All such uses shall primarily serve on-site generation needs. If a hookup to a public or community utility system is proposed, the utility company shall provide written authorization of such arrangement by submitting a copy of the agreement to the Township.

(d)

Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

(e)

All electric wiring and connections from such uses shall be located underground and in accordance with the appropriate building code, as amended.

(f)

Accessory solar energy systems shall require a building permit and be accompanied by standard drawings demonstrating compliance with the building code, as amended. A ground-mounted system shall require a zoning permit.

(2)

Ground-mounted ASES:

(a)

A ground-mounted ASES shall meet the setback requirements for accessory structures.

(b)

Ground mounted ASES shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a decorative fence meeting requirements of the zoning ordinance may be used.

H13. Stable, private.

(1)

This use shall only apply to a stable that is accessory to a single family detached dwelling.

(2)

A minimum lot area of two acres shall apply for the dwelling and the private stable. One horse is permitted to be kept on a property consisting of two acres. One additional horse may be kept for each additional acre of lot area, provided that the use shall not include a total of more than three horses.

(3)

An average of 100 square feet of stable building area shall be provided for each horse kept on the lot.

(4)

The stable building and any manure storage shall be setback a minimum of 100 feet from any lot line.

(5)

The location of the manure storage shall conform to the requirements of the Pennsylvania Nutrient Management Act. In addition to Township requirements, all manure storage shall be managed in a manner that complies with the Clean Streams Law and the practices prescribed in the Pennsylvania Manure Management Manual.

(6)

All grazing and pasture areas utilized for this purpose shall be fenced.

H14. Structure, temporary.

(1)

The time period of the initial permit for a temporary structure shall not exceed six months. This permit may be renewed for three-month time periods, not to exceed a total of 21 months from the initial permit. Extensions must be approved by the Zoning Officer. A garage or other accessory building, partial structure or temporary structure may be used for dwelling purposes subject to cooking and sanitary services being provided. Such structure or use shall be removed completely upon expiration of the permit without cost to the municipality.

(2)

The applicant shall provide the Township with plans for temporary structures to ensure: adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control and clean-up after the expiration of the zoning permit allowing for said temporary structures. The plans shall be reviewed by the Planning Commission and the Board of Supervisors prior to the issuance of a zoning permit for the temporary structures.

H15. Use, temporary.

(1)

A temporary use may also be defined as a "special event" and "retail sales establishment, seasonal." Applicant shall remove all evidence of such temporary use within five business days of the end of the temporary use, and the site shall be restored to pre-use condition.

(2)

Parades and peddling are considered temporary uses.

(3)

A seasonal retail sales establishment cannot operate for more three consecutive months per year on a lot and must be accessory to the primary use.

(4)

A Land Development Plan may be required in compliance with SALDO requirements.[1]

[1]

Editor's Note: See Ch. 170, Subdivision and Land Development.

(5)

This term shall not include a food truck or food cart, which is addressed as use H17.

H16. Wind energy systems.

(1)

Such accessory uses shall not be located within the front yard or within the minimum required side and/or rear yards.

(2)

Such accessory uses shall not interfere with the reception of any radio, television or other communication equipment.

(3)

All such uses shall primarily serve on-site generation needs, unless otherwise approved by the Board of Supervisors. If a hookup to a public or community utility system is proposed, electrical plans must be prepared by a Pennsylvania-licensed electrical engineer, at the applicant's expense and submitted to the utility company and Township for approval.

(4)

All electric wiring and connections from such uses shall be located under ground and in accordance with the appropriate building code, as amended.

(5)

The safety of all systems shall be certified in writing to the Township by a Pennsylvania-licensed professional engineer or by an authorized factory representative that the system will operate safely, without loss of structural integrity, under the following conditions:

(a)

Loss of utility power — will not back feed a dead utility line.

(b)

High wind speed — shall break or feather below the designed limits of the system.

(c)

Blade imbalance — shall support added blade weight of at least 10%.

(6)

When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 150 square feet in area, shall not exceed eight feet in height and must not be located in any required front, side or rear yards.

(7)

Windmills.

(a)

Windmills shall be setback from the nearest property line a distance of not less than the normal setback requirements for that zoning district or 1.1 times the overall height of the windmill, whichever is greater.

(b)

No windmill shall be permitted with a design which permits any vane, sail, or rotor blade to pass within 15 feet of the ground.

(c)

All windmills shall be enclosed by a fence at least four feet in height which is located at least five feet from the base.

(d)

Maximum height: none. A windmill shall not be subject to the maximum height restrictions of this chapter; except as imposed by FAA regulations.

(e)

Building permit applications for a wind energy system shall be accompanied by standard drawings of the turbine, tower, base and footings demonstrating compliance with the building code, as amended.

H17. Food truck or food cart.

(1)

A food truck or food cart is not considered a separate H17 zoning use if it is: 1) allowed as part of a customarily accessory part of a temporary "special event" for up to seven days per year (such as a festival of a place of worship), or 2) operating as a customarily accessory part of an approved resort complex, or 3) at a location for an average of less than 10 minutes per day (such as a mobile ice cream truck or a lunch truck visiting a construction site).

(2)

A food truck or food cart shall only be operated on a lot that is also occupied by a principal building that is occupied by a principal business and that has driveways and parking suitable to also serve the food truck or food cart.

(3)

A food truck or food cart shall not engage in food and drink sales within a public right-of-way.

(4)

Evidence shall be provided to the Township that required health inspections have been completed and that proper sanitary and handwashing facilities are available to the employees.

(5)

The truck or car shall be setback a minimum of 100 feet away from a dwelling on another lot. Generators that create noise heard inside a building and tanks of explosive substances shall not be placed within 150 feet of a dwelling.

(6)

The use shall meet Township limitations on flashing and electronically changing signs. Any signs that are not painted on the truck or cart shall meet requirements for signs that would apply to a regular commercial use.

(7)

The use shall not be open to customers between 10:00 PM and 6:00 AM.

(8)

The use shall provide a regularly emptied sanitary outdoor waste container, and litter shall be regularly collected.

(9)

The use shall only operate with written permission of the property owner.

(10)

A maximum of one food truck or food cart shall be allowed per lot, except as authorized as a special event by the Township.

(11)

A food truck shall display a current State vehicle license and safety inspection sticker and have current vehicle registration.

(12)

The use shall not obstruct safe sight distances at intersections and driveways.

§ 044-090 Short term rental of residential dwelling units.

The following supplementary regulations shall apply to short-term rental of residential dwelling units:

When a residential dwelling unit use is permitted, short term rental of the dwelling unit for residential purposes shall also be permitted, subject to compliance with any and all Middle Smithfield Township ordinances governing short-term rentals.

Short-term rental use of a dwelling unit shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances and/or regulations, including without limitation, other provisions of the Zoning Ordinance which would be applicable to the use of the property as a dwelling unit when not subject to short term rental.

The commencement of short-term rental activity of a dwelling unit shall be considered a change in use of the property and shall not occur without the property owner first applying for, and receiving, a zoning permit from the Township for such change in use.

These supplemental regulations do not apply to a dwelling, group home use as defined by § 020-020, or properties located within the Township's Resort Complex/Commercial Resort Overlay District.

Middle Smithfield Township
City Zoning Code

ARTICLE IV

§ 040-010 Public utilities.

§ 040-020 Agriculture.

§ 040-030 Mineral extraction.

§ 040-040 Forestry.

§ 040-050 No-impact home-based business.

§ 040-060 Religious institutions.

§ 040-070 Group homes and age-restricted housing.

§ 040-080 Gaming/gambling establishments.

§ 040-090 Township and municipal authority uses and structures.

§ 041-010 Designation of use regulations.

§ 041-020 Explanation of use designations.

§ 041-030 Uses not specifically provided for.

§ 042-010 Effect of nonconforming status.

§ 042-020 Nonconforming lots.

§ 042-030 Expansion of nonconforming structure.

§ 042-040 Reconstruction of nonconforming structure or structure containing a nonconforming use.

§ 042-050 Expansion of a nonconforming use.

§ 042-060 Change of nonconforming use.

§ 042-070 Non-conforming use abandonment.

§ 043-010 Table of use regulations within zoning districts.

§ 044-010 Agricultural uses.

§ 044-020 B - Residential uses.

§ 044-030 C- Institutional and recreational uses.

§ 044-040 D - Office uses.

§ 044-050 E - Utility, service and transportation uses.

§ 044-060 F - Retail and consumer service uses.

§ 044-070 G - Industrial uses.

§ 044-080 H - Accessory uses and structures.

§ 044-090 Short term rental of residential dwelling units.

Middle Smithfield TownshipCity Zoning Code

ARTICLE IV

§ 040-010 Public utilities.

§ 040-020 Agriculture.

§ 040-030 Mineral extraction.

§ 040-040 Forestry.

§ 040-050 No-impact home-based business.

§ 040-060 Religious institutions.

§ 040-070 Group homes and age-restricted housing.

§ 040-080 Gaming/gambling establishments.

§ 040-090 Township and municipal authority uses and structures.

§ 041-010 Designation of use regulations.

§ 041-020 Explanation of use designations.

§ 041-030 Uses not specifically provided for.

§ 042-010 Effect of nonconforming status.

§ 042-020 Nonconforming lots.

§ 042-030 Expansion of nonconforming structure.

§ 042-040 Reconstruction of nonconforming structure or structure containing a nonconforming use.

§ 042-050 Expansion of a nonconforming use.

§ 042-060 Change of nonconforming use.

§ 042-070 Non-conforming use abandonment.

§ 043-010 Table of use regulations within zoning districts.

§ 044-010 Agricultural uses.

§ 044-020 B - Residential uses.

§ 044-030 C- Institutional and recreational uses.

§ 044-040 D - Office uses.

§ 044-050 E - Utility, service and transportation uses.

§ 044-060 F - Retail and consumer service uses.

§ 044-070 G - Industrial uses.

§ 044-080 H - Accessory uses and structures.

§ 044-090 Short term rental of residential dwelling units.

Middle Smithfield Township
City Zoning Code