Agriculture and horticulture shall include the growing, storage and/or sale of field, truck, nursery and tree crops. Such use may include single-family detached dwellings for the sole use of individuals and their immediate families engaged in agricultural employment on the same site or for the immediate family of the landowner or for persons engaged in agricultural employment on the property. The keeping of livestock, horses or poultry shall be limited to lots of at least two acres. On lots of less than 10 acres, there shall be no more than two head of livestock per acre and no more than 100 fowl per acre.

Feedlots, pens and confinement areas shall not be situated less than 30 feet from any stream, swale or body of water.

A lot area of not less than 10 acres shall be required.

Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for Agriculture and Horticulture, Use A-1.

Minimum lot size shall be four acres.

No animal shelter or runway shall be located closer than 200 feet to any property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

Farm produce shall be limited to plant material and crops harvested from plants.

At least 25% of the produce must be grown or raised on the property or in the immediate region.

Temporary sales buildings or stands may be located within the required yard areas as set by the zoning district so long as the stand or building is a minimum of 25 feet from the edge of the roadway. Permanent establishments shall be constructed in accordance with the zoning district requirements.

A use permit shall be issued by the Township prior to the commencement of forestry operations, as required above. The Township shall have the right to have the permit application reviewed by a forester and it must be accompanied by the following information:

The following requirements shall apply to all forestry operations:

Retail sales shall be permitted in association with the nursery or greenhouse, provided that the sales facilities meet the requirements of use A-4 Accessory Agricultural Retail. Any nursery or greenhouse which has associated with it accessory agricultural retail sales shall have a lot area not less than 15 acres.

Any building or structure associated with the nursery or greenhouse shall meet the yard, lot width and setback requirements for single-family detached dwellings for the district in which the use is located. One single-family detached dwelling shall be permitted on the property.

An unenclosed porch, running across at least 3/4 of the house front and being at least seven feet in width.

A front yard raised above sidewalk grade by at least 18 inches with a retaining wall of at least 18 inches.

A front yard enclosed by a permanent wall or fence of wood or masonry construction at least 30 inches in height.

Hedge yard. A hedge enclosing the front yard using bushes at least 24 inches in height, planted adjacent to each other so as to form a continuous hedge.

Dwellings shall be arranged in groups or clusters and not in long rows parallel to street lines. No more than eight such dwellings may be so attached in any one group.

To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be required. A minimum of two feet variation in setback shall occur at least every third dwelling.

A building, not a townhouse, on a lot designed for and occupied exclusively as a residence for three or more families living independently of one another; an apartment house or apartment complex.

The maximum length of such a building shall be 120 feet.

Multifamily residences shall be arranged in groups or clusters and not in long rows parallel to street lines.

To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be used.

The distance between any two buildings either of which faces or backs upon the other in whole or in part shall not be less than 75 feet.

The distance between the ends of two buildings, similarly oriented and without openings or windows in the end walls, shall not be less than 24 feet.

The distance between any building face and a parking area shall not be less than 20 feet.

All single-family detached dwelling units within a cluster development shall include front, rear and side yards.

The tract of land to be developed shall be a minimum of 12 acres and shall be in single and separate ownership or shall be the subject of an application filed jointly by all the owners of the entire tract who shall stipulate that the entire tract will be developed in accordance with the approved plan.

Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the land use plan policies of the Township, as expressed in the Township Comprehensive Plan and in other ordinances and policies. Any such area shall contain no structure other than a structure related to the purposes of the open space. Where structures are included in the open space, no more than 5% of the total open space area may be used for buildings.

Open space shall be uninterrupted by unrelated buildings or drives and appropriately landscaped and designated as open space. Open space areas shall be interconnected with open space areas on abutting parcels whenever possible.

Any land set aside as open space which is of such a size as may be capable of future subdivision under the regulations of this chapter must be made subject to a deed restriction or agreement acceptable to the Board of Supervisors and duly recorded in the Bucks County Recorder of Deeds Office which restricts further subdivision or development.

Ownerships, methods of conveyance and maintenance regulations as set forth herein shall apply.

Senior citizen housing shall be in the form of a planned community for senior citizens of 55 years of age or older, which provides proper care, supervision, living accommodations and recreation for said senior citizens. Such use may include life care and continuing care facilities and personal care facilities.

The site design, area and dimensional requirements for multifamily developments as specified in Use B-6, Multifamily Dwellings, shall apply to the development of senior citizen housing.

The establishment may include support facilities in accordance with the following standards:

No more than six guest rooms may be provided.

The minimum lot size for the guest house use shall be three acres for the first guest room and one additional acre for each additional guest room. In no case shall the lot area be less than that required for single-family detached dwellings in the zoning district in which the proposed guest house is located.

One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway by a five-foot fence or plant material of equal height. Such plant material shall be permanently maintained and any plant material which does not live shall be replaced within one year.

At least one bathroom shall be provided for each two guest rooms.

External alterations, additions or changes to the exterior structure shall be minimized except where required by any governmental agency for safety reasons.

The use shall be carried on primarily by members of the immediate family which must reside on the premises.

There shall be no separate kitchen or cooking facilities in any guest room.

The maximum uninterrupted length of stay at a guest house shall be 14 days.

The use of any amenities provided by the guest house such as swimming pool or tennis courts shall be restricted in use to guests of the establishment. The serving of meals shall be restricted to the guests of the establishment.

There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which may not exceed 10 square feet.

If the facility is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the Bucks County Health Department and the Board of Supervisors that these on-lot facilities are adequate to serve the maximum number of guests which could be housed at the facility at any one time.

A buffer yard of 50 feet in width shall be provided from adjacent property and street lines. No structure may be located within the buffer yard. The buffer yard may be included within the required front, side or rear yards.

The use may not be established until the applicant has submitted a site plan to the Township which demonstrates compliance with this chapter. The guest house may be periodically inspected by Township or county officials for compliance with all Township requirements and safety standards.

The minimum lot size for a mobile home park shall be 10 acres.

Mobile home parks shall be buffered in accordance with the buffering requirements of this chapter.

No mobile home shall be erected on a mobile home lot except on a mobile home pad. Each mobile home shall have its own pad, which shall be at least equal in length and width to the dimensions of the mobile home to be placed thereon.

Each mobile home shall be placed on a concrete slab of at least the same length and width as the mobile home, with a minimum thickness of six inches and shall have installed in it a minimum of six tie-down rings to which the mobile home shall be secured. Pads shall be on footings at least one foot below the frost line.

All mobile homes within a mobile home park shall have the space between the floor of the mobile home and the mobile home stand completely enclosed. Such enclosure may be provided by a permanent masonry foundation or by temporary materials or skirting. Skirting shall be:

There shall be a minimum distance of 30 feet between an individual mobile home, including accessory structures associated therewith and other mobile homes, adjoining pavement of a park street or common parking area or other common areas or structures.

No mobile home, parking, loading or service area shall be located less than 75 feet from a street ultimate right-of-way or other property line.

All utilities shall be placed underground within the mobile home park.

Not more than 10% of the total number of mobile home spaces shall be rented for residential use of a mobile home for periods of less than 180 days.

All interior parking, service, accessways and streets shall be constructed in accordance with Chapter 196, Subdivision and Land Development.

Park areas for nonresidential use.

All mobile home parks shall be served by centralized sewage disposal systems and centralized water supply systems.

The main use of the proposed development shall be seasonal, summer or winter and no occupant shall be permitted to remain for a total period exceeding 180 days during any one calendar year except for an owner-occupant of the facility.

The minimum lot area shall be 25 acres.

The maximum overall density shall not exceed one cottage for every two acres of site area.

No mobile home or recreational vehicle, as defined herein, shall be permitted as part of a cottage development or private camp.

Cottages shall be clustered within one portion of the site so that a minimum of 75% of the site shall be left as undisturbed open space.

The minimum lot area for elementary schools, junior high schools, middle schools or high schools shall meet the lot area recommendations of the Pennsylvania State Board of Education.

Minimum yards shall be as follows:

The use shall not be conducted as a private gainful business. The principal activity shall not be one which is customarily carried on as a business.

Except for a snack bar, dining services and/or the service of alcoholic beverages shall not be provided.

No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

Outdoor play areas shall be screened and buffered so as to protect the neighborhood from noise and other disturbances. Buffer yards of a minimum width of 20 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential zoning district or adjacent to a residential use. No activity shall be permitted which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended,[1] this chapter and/or any other applicable regulations.

Where the recreational facility includes a shooting range, such as a rifle range, sporting clays, trap shoots and other uses involving the discharge of firearms, the following additional requirements shall apply:

Where the recreation facility includes quasi-military operations, games or training, including but not limited to paintball or war game games, the following additional requirements shall be met:

Parking: one off-street parking space for each five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

This use may be conducted as a private gainful business. This use shall only be permitted in the C Commercial, I Industrial and LI Limited Industrial Zoning Districts by conditional use.

Except for a snack bar, dining services and/or the service of alcoholic beverages shall not be provided.

No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

Outdoor play areas shall be screened and buffered so as to protect the neighborhood from noise and other disturbances. Buffer yards of a minimum width of 20 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential zoning district or adjacent to a residential use.

Where the recreational facility includes a shooting range, such as a rifle range, sporting clays, trap shoots and other uses involving the discharge of firearms, the following additional requirements shall apply:

Where the recreational facility includes quasi-military operations, games or training, including but not limited to, paintball or war game games, the following additional requirements shall be met:

Parking: one off-street parking space for each five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

Minimum lot area: 80 acres.

The golf course may include the following accessory uses: practice driving ranges and putting greens; rest rooms and rain shelters; maintenance facilities; golf cart storage; golf club and general storage facilities; caddy shack; golf club repairs facilities; and pro shops.

No building shall be closer than 100 feet to any lot line or street line.

No golf hole shall be closer than 150 feet to a lot line or street line, measured from the center line of the hole.

Clubhouse facilities. Clubhouse facilities, including locker rooms, restrooms and shower facilities; administrative, management and club membership offices; private dining facilities; including formal dining, grillroom, bar and lounge and snack bar; and indoor and outdoor recreational facilities. Such uses shall be permitted only if they are clearly accessory to the golf course.

Parking. Three off-street parking spaces for each hole. In addition, where a clubhouse is proposed in conjunction with a golf course, one off-street parking space for every five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces.

Any pedestrian and/or golf cart crossing of a public roadway shall be grade separated from the public roadway and subject to approval of the Township.

The use shall not be conducted as a private, gainful business.

No outdoor recreational area shall be located nearer to any lot line than 100 feet.

The minimum lot size shall be three acres.

The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day Care Division.

Buffer yards of a minimum width of 20 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential district or adjacent to a residential use or residential district.

A nursing facility or convalescent home licensed by the Pennsylvania Department of Health which is set up to provide long-term health care primarily to senior residents with chronic diseases or disabilities. This use does not include senior citizen housing, life care or continuing care facilities, but it can be part of such an establishment in accordance with the standards set herein.

Minimum lot size shall be five acres.

The minimum lot area shall be 10 acres.

The minimum lot width shall be 500 feet.

A hospital shall have direct access from a major collector or arterial highway.

The minimum lot size shall be 10 acres.

No more than 10% of the entire area may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, greenhouses or repair shops. This restriction includes parking facilities.

A buffer strip of at least 20 feet shall be provided between a building or burial site and the cemetery property line.

One dwelling, to be used for custodial personnel, may be permitted.

The maximum height of permitted buildings shall be no more than 35 feet.

There shall be no more than one identification sign at each entrance.

The main portion of entrance features shall be located no closer to the nearest right-of-way line of any public street than a distance equal to the building setback line required in the district in which the cemetery is located.

No such entrance features shall exceed 12 feet in height.

Such use may be an accessory use to a place of worship.

The use shall not be conducted as a private gainful business. The principal activity shall not be one customarily carried on as a business.

The use shall be for members and their authorized guests only.

Dining services and/or the service of alcoholic beverages may be provided for members. These services shall not be provided to the general public.

No outdoor active recreation area shall be located closer than 100 feet to any lot line.

Buffer plantings shall be provided along property lines of the range in accordance with § 234-30 of this chapter and § 196-36 of the Nockamixon Township Subdivision and Land Development Ordinance. Additional buffers shall be required at the direction of the Board of Supervisors.

This use does not include a shooting range or quasi-military games.

Parking: one off-street parking space for every three persons present at such facilities when they are filled to capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to members and guests, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

Such use shall be carried on wholly indoors and within the principal building.

No office building shall have as its principal tenant a store, beauty shop or other personal service shop, and a maximum of 20% of an office building may be devoted to such nonoffice uses.

All products produced on the premises shall be sold on the premises.

Over-the-counter sale of alcoholic beverages in taverns and bars is not included.

Stores or groups of stores with a gross floor area in excess of 10,000 square feet are not included.

A financial establishment shall include a bank, savings and loan association, credit union or other financial establishment.

If a drive-in window is provided, a stacking area to accommodate at least six vehicles shall be provided for each drive-in window.

The use must have direct access to a collector or arterial street.

There shall be only one point of ingress and only one point of egress per collector or arterial street.

Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of nine cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.

A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant.

All such restaurants shall provide a trash storage area which shall be screened from the street and adjacent properties by an enclosed fence at least six feet in height to prevent trash from blowing from the area and to serve as a visual screen for the trash area.

Trash receptacles shall be provided outside the restaurant for patron use.

The use must have direct access to a collector or arterial street.

Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom and a separate bathroom equipped with a flush toilet, a lavatory basin and a bathtub or shower.

An entertainment facility shall include a bowling alley, skating rink, billiard hall, indoor movie theater, theater or other similar uses. This use shall not include any activity which meets the definition of Use E-18, Adult Entertainment.

No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate beyond the property boundaries.

Minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts.

The minimum lot area shall be one acre.

Access to roads shall be at least 50 feet from the intersection of any streets.

Such use may only be located on an arterial road.

(Reserved)

All pumps, lifts and other service facilities shall be located not closer than 35 feet to any property or street line.

No vehicle shall be stored in the open, except those awaiting minor repairs, for a period exceeding seven consecutive days, unless screened from adjacent roads or residential properties.

All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building.

Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the Township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width.

Access to the street shall be physically controlled by a minimum 10 feet wide landscape strip along all street frontages except where broken for accessways.

All automobile parts and similar articles shall be stored within a building.

Junk vehicles shall not be stored in the open at any time.

The sale or rental of automobiles, trucks or other motor vehicles shall be prohibited.

A service station may contain the following four types of activities: fuel pumps; convenience commercial, which is the sale of convenience food and beverage items; service bays; and/or car wash. Convenience commercial shall be limited to 4,000 square feet of floor area and meet the requirements of the use convenience store (E-17) of this chapter, except that the minimum lot area required for a convenience store operated as part of a service station shall be one acre total.

No drive-through windows are permitted for sale of convenience items.

All requirements of § 234-24J (Accessory Use H-10) relating to regulated storage tanks shall be met.

Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind.

All facilities shall be located and all services be conducted within the confines of the lot.

All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building.

Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the Township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width.

Access to the street shall be physically controlled by a minimum 10 feet wide landscape strip along all street frontages except where broken for accessways.

All vehicle parts and similar articles shall be stored within a building.

Storage or display of automobiles, trucks, boats and other vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet.

There shall be no more than one access point into the facility from each street on which the facility has frontage, unless more than one is specifically permitted by the Board of Supervisors.

An auto body shop may be included as an accessory use, incidental and subordinate to the automotive sales, provided that it meets the regulations of use E-11 Automotive Body Repair and Paint Shop, and provided that it is located at the rear or side of the building containing the principal use.

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

All such work shall be performed within a building.

All related automotive parts, refuse and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties.

No vehicle shall be stored in the open awaiting repairs for a period exceeding 14 consecutive days, unless screened from all adjacent roads and properties by a fence or compact hedge at least eight feet in height.

All facilities and operations must comply with all applicable state and federal regulations.

A car wash shall include a water recycling facility.

Car washes shall be designed with a stacking area adequate for six cars so that waiting cars do not interfere with traffic flow.

The facility shall have a drainage system which ensures that water will not collect on driveways, sidewalks or streets.

Such centers shall have a lot area of not less than 10 acres and a lot width of not less than 500 feet at the street right-of-way line.

Such centers may only be located on an arterial or higher order road.

The shopping center shall be constructed in accordance with an overall plan and designed with a single architectural style, approved by the Board of Supervisors.

Regulations dealing with lighting, parking, outdoor storage, buffering, points of access, signs, landscaping and other applicable regulations set forth herein shall be met.

All establishments in the shopping center must have vehicular service access either from an individual service yard or from a common service area serving several establishments. All such service areas must be segregated from public areas and screened from public view.

Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted.

All structures in a shopping center shall be connected either as part of one large structure or by means of pedestrianways or walkways on which pedestrians can move from one building to another without interference from vehicular traffic. No freestanding buildings without such connections shall be permitted as part of a shopping center.

Minimum lot area is three acres.

The maximum size of any one shop shall be 3,000 square feet.

The facility shall be planned and designed as a single complex centering around a pedestrian or common area.

The facility shall be designed with a single architectural theme and with signs and lighting compatible with a small-scale shopping facility.

The distance, at the closest point, between any two buildings or groups of units of attached buildings shall not be less than 20 feet.

The minimum site area shall be 10 acres.

The maximum density permitted is 10 campsites per acre.

Sewage disposal facilities shall be satisfactory to the Bucks County Department of Health.

A minimum of 40% of the site shall be kept as open space, exclusive of buffer yards. Buffer yards shall be 200 feet from all property lines.

The maximum stay in the facility by any individual or family shall not exceed six months in any one calendar year.

Minimum lot area shall be one acre.

Access to the street shall be physically controlled by concrete curbing at least eight inches in height and a ten-foot-wide landscaped strip along all streets frontages and broken only for accessways.

There shall be no more than one access point into the facility from each street on which the facility has frontage, unless specifically permitted by the Board of Supervisors.

Such use may only be located on an arterial road.

No drive-through windows are permitted.

Trash receptacles shall be provided outside. Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located in the rear of the structure and shall be screened from view and landscaped.

Establishments which offer food items for sale, other than prepackaged food items, must meet current Bucks County Department of Health regulations, including a food establishment license and public water supply permit.

A building or structure for such use shall be located no less than 500 feet from any residential use or residential district, public or private school, church, recreation facility or park or any other religious, educational or institutional use.

No materials sold within shall be visible from any window, door or exterior of the building.

No persons under the age of 18 years of age shall be permitted within an adult entertainment establishment.

Such use shall be surrounded by a physical barrier, such as a fence, measuring at least six feet in height, and by a buffer strip at least 10 feet in width. The buffer strip shall be planted outside of the fence or other barrier and shall consist of plants which will hide the fence from view from the street and other properties.

The minimum driveway width between buildings shall be 25 feet.

No business activity other than leasing of storage units shall be permitted.

All storage shall be within enclosed buildings, except that no more than 10% of the total storage area may be devoted to outdoor parking spaces for boats, cars, recreational vehicles or other noncommercial vehicles.

Storage of explosive, radioactive or highly flammable materials and chemicals is prohibited.

The maximum site area shall be 10 acres.

The minimum site area shall be five acres.

The minimum setback from all property lines and the street right-of-way line shall be 50 feet.

A planted buffer 25 feet in width shall be provided wherever the use abuts a noncommercial district or use.

Snack stands and food vendors operating outside an enclosed building are permitted. Vending machines located outside an enclosed building are prohibited.

Tables and other accessories to the flea market use shall be stored within a completely enclosed building when the market is not open or otherwise in operation.

Minimum lot size shall be 10 acres.

No animal shelter or runway shall be located closer than 300 feet to any property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

The property shall have a buffer yard 20 feet in width containing a dense screen of plantings, planted in accordance with § 234-30 of this chapter, along all property and street lines.

The number of dogs and/or other domesticated animals shall not exceed 10 per acre.

A medical marijuana dispensary facility shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.

No medical marijuana dispensary facility shall be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

A medical marijuana dispensary facility shall be clearly identified as such in its signage.

A medical marijuana dispensary facility shall be subject to quarterly inspection by the Township Zoning Officer or other Township designee.

Permit application requirements:

Effect on federal law. Nothing in this § 234-21V shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.

For broadcasting towers and water storage facilities, the maximum height shall be determined by the Board of Supervisors in accordance with the needs of the facility as well as the need to protect community safety and appearance. A broadcast tower is a tower to be used for broadcasting on public airwaves and licensed by the Federal Communications Commission, not a private broadcast facility for use by ham radio operators or other individual broadcasters.

The following minimum setbacks from all property lines shall be provided:

The area required for each facility shall be adequate to accommodate the above setbacks, parking requirements and other building requirements.

No parking shall be permitted within the required setbacks.

No zoning permit shall be required for utilities to be located in public streets or rights-of-way.

These standards shall apply to utility operating facilities which are principal uses as well as to utility operating facilities which are accessory uses.

For facilities without a community room, there shall be a minimum lot size of one acre.

For facilities with a community room, there shall be a minimum lot size of two acres.

Before granting conditional use approval for telecommunications facilities, the applicant shall demonstrate to the satisfaction of the Board of Supervisors of Nockamixon Township that the following requirements have been met:

Single use or use combined with another use. A telecommunications facility is permitted on a property either as a single use or a use together with an existing use subject to the following conditions:

Minimum setbacks. A tower must be located not less than 100 feet from the property line, and the telecommunications building shall comply with the minimum setback requirements for the zoning district in which it is located.

Access. Vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

Maximum height of tower. The tower must be the minimum height necessary to meet the service needs of the applicant unless the Board of Supervisors shall approve a specific plan for the location on the tower by other telecommunications users at usual and customary rates. However, in no event shall a tower or antenna exceed 200 feet in height from ground level.

Telecommunications facility combined with an existing structure. Telecommunications equipment, including antenna, may be attached to an existing structure or building subject to the following conditions: The telecommunications tower or facility, when combined with an existing structure, shall not exceed the maximum height provided in Subsection C(5) hereof.

Additional requirements for conditional use.

No research facility shall be a commercial production facility.

No research facility shall be permitted which constitutes a danger to the community because of combustible, chemical or radioactive materials.

Minimum lot area shall be five acres.

The facility and accessory storage areas shall be set back a minimum of 100 feet from the ultimate street right-of-way and from all other property lines.

Millworking is permitted as an accessory use.

Storage yards shall be fully enclosed by fencing and landscaping.

The storage of flammable or toxic gases and liquids and the production and mixing of asphalt and concrete is prohibited.

Landscaping shall be provided to buffer and screen the use from surrounding properties, to compliment buildings and other structures on the site and to enhance the overall character of the facility. A buffer zone of 50 feet in width shall be established from the property line to a line of evergreen trees which shall be planted around the perimeter of the site in accordance with the buffer standards of Article V herein.

The facility shall be screened by fencing, walls, berming and other site improvement features to complement the proposed landscaping buffer and shall be surrounded by adequate fencing to prevent unauthorized entry.

The facility shall provide adequate signs which shall be in accordance with Article IX and which shall be crafted to be attractive and of the highest graphic quality in keeping with the character of surrounding properties.

The facility shall provide adequate exterior lighting for the safe and efficient operation and security of the facility but as minimal and subdued as possible using light posts and fixtures complimentary to the proposed architecture and the character of the surrounding neighborhood.

The facility shall provide for adequate environmental controls to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions and water effluents, as required under appropriate and relevant federal and state environmental laws.

The facility shall include efficient mitigation of potential adverse environmental impacts as described in the environmental impact assessment requirements of this Article VII.

The facility shall not include any building with a height in excess of 35 feet; provided, however, that for every foot that any building might necessarily be constructed in excess of 35 feet (exclusive of any exhaust stacks) in order to operate properly and safely, five additional feet of front, side and rear yard setback shall be provided, but in no case shall the overall height exceed 55 feet.

The facility shall not include any exhaust or other stack with a height in excess of 100 feet, except as required under the United States Environmental Protection Agency (EPA) or other federal or state regulations and shall provide safeguards and meet Federal Aviation Administration (FAA) regulations regarding limitations relative to airport safety and sound engineering practices.

The facility shall provide adequate storage, loading and unloading facilities and sufficient paved turning areas to permit unobstructed maneuvering room for trash, transfer and ash trucks and shall provide adequate automobile parking as required by Article V herein.

The facility shall have a contract with a pest and rodent control company for the regular elimination and control of rats, flies, vermin and other rodents, insects and pests that might become vectors for carrying disease.

No use shall emit odorous gasses or other odorous matter in such quantities as to be humanly perceptible at or beyond any point at its lot lines.

Dimensional requirements for landfill (municipal or sanitary).

Dimensional requirements for other solid waste facilities, as defined in Article II.

There shall be a minimum lot size of 10 acres and a maximum lot area to be utilized as a junkyard of 20 acres.

Such use shall be a minimum of 200 feet from any public road as measured from the street line and shall be set back from all other properties lines a minimum of 100 feet.

Such uses shall be entirely enclosed by a solid fence or wall, at least eight feet high and constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly maintained.

A dense evergreen buffer planted on an earthen berm (minimum four feet in height) shall be provided on the outside perimeter of the fenced area. Evergreens shall be four feet to five feet in height and planted on ten-foot staggered centers.

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.

The storage of paper shall be within a building.

The storage of toxic chemicals shall be prohibited.

Dumping of trash or landfill operations and burning of any materials is specifically prohibited.

All such uses shall be sealed from groundwater contamination.

All fluids must be drained from any machinery, vehicles or parts thereof prior to storage in the junkyard in the manner required by Subsection (11) hereof.

Zoning permit required.

Storage area shall be fully enclosed by minimum four-foot high fencing and/or landscaping comprised of evergreen plantings a minimum of four feet in height when planted. Plantings shall be spaced to provide a visual screen.

Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind.

All facilities shall be located and all services be conducted within the confines of the lot.

All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building.

Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the Township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width.

Access to the street shall be physically controlled by a minimum ten-foot-wide landscape strip along all street frontages except where broken for accessways.

All vehicle parts and similar articles shall be stored within a building.

Storage or display of equipment for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet.

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

Storage areas shall be fully enclosed by minimum four-foot-high fencing and/or landscaping comprised of evergreen plantings a minimum of four feet in height when planted. Plantings shall be spaced to provide a visual screen.

Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind.

All facilities shall be located and all services be conducted within the confines of the lot.

All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building.

Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the Township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width.

Access to the street shall be physically controlled by a minimum ten-foot-wide landscape strip along all street frontages except where broken for accessways.

All vehicle parts and similar articles shall be stored within a building.

Storage or display of equipment for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet.

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

Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind.

All facilities shall be located and all services be conducted within the confines of the lot.

All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building.

Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the Township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width.

Access to the street shall be physically controlled by a minimum ten-foot-wide landscape strip along all street frontages except where broken for accessways.

All vehicle parts and similar articles shall be stored within a building.

Storage or display or vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet.

A body shop may be included as an accessory use, incidental and subordinate to the truck sales, provided that it meets the regulations of use E-11 Automobile Body Repair and Paint Shop, and provided that it is located at the rear or side of the building containing the principal use.

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

A radioactive materials facility shall be permitted only in the Q Zoning District as a conditional use.

No radioactive materials facility shall contain more than 400,000 curies of radioactive material at any given time. In addition to compliance with the general provisions of § 234-48 of this chapter, an applicant for conditional use approval for a radioactive materials facility shall demonstrate compliance with the provisions hereafter stated.

Dimensional requirements.

Parking. One off-street parking space for each employee on the largest shift plus one off-street parking space for each employee vehicle normally stored on the premises plus one off-street parking space for every 10 employees on the largest shift for visitor parking. Also, the applicant must demonstrate that there is sufficient area on site to accommodate parking based on one space for every 500 square feet of gross floor area to ensure that a sufficient amount of parking can be provided if the use or tenancy changes.

Compliance with other zoning ordinance standards. In addition to the requirements set forth herein, an applicant for conditional use approval for a radioactive materials facility shall demonstrate compliance with the provisions of Article V hereof as well as all other relevant provisions of this chapter. In the event any other provision of this chapter conflicts with any provision hereof, that provision containing the strictest regulation shall apply.

Annual zoning permit. To assure that the operator of a radioactive materials facility continues to comply with the provisions hereof and the conditions of conditional use approval, the operator of such a facility shall obtain a zoning permit on an annual basis with application made by January 15 of each year The permit shall be issued only after inspection by the code enforcement officer, or such other person as is designated by the Township, to determine that the use continues to meet all the provisions hereof and the conditions of any conditional use approval. The code enforcement officer shall require certifications from third parties as to the adequacy of and proper operation of the radiation monitoring and security systems required hereby and that the requirements, concerning personnel and training herein have been met.

Conditional use approval. An applicant for conditional use approval to establish a radioactive materials facility shall demonstrate compliance with all of the following:

Statement of purpose. The purpose of this subsection is to provide for the health, safety, welfare and environment of the residents and their property in Nockamixon Township; to provide the procedure for the issuance of zoning permits to enable oil and gas deposits to extracted through direct, on-site wells; and to permit wells to be drilled and placed in production in a safe manner with the utmost regard for protection of existing Nockamixon Township water supply wells, sewage disposal facilities, structures, natural resources, farmland and other environmental features.

Subject to the provisions of this subsection, this use shall be permitted as a principal use upon conditional use approval in only the I Industrial, and Q Quarry Zoning Districts. This use is prohibited on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether public or private.

This use shall not occur, no conditional use approval shall be granted, and no building or zoning permit shall be issued, until the applicable procedures and standards in this Subsection have been satisfied, the applicable provisions of this chapter and the Code of Ordinances of Nockamixon Township have been satisfied, and all applicable requirements of the Commonwealth of Pennsylvania and United States Government have been satisfied, as evidenced by the prior written approval of the agency having jurisdiction including, without limitation, the operator's license and copies of all state and federal permits.

An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection. An impact statement/report shall be provided that is in conformance with and provides all applicable information required by §§ 196-406 (relating to traffic), 196-408 (relating to water resources), and 196-411 (relating to environmental and cultural assessment) of the Nockamixon Township Subdivision and Land Development Ordinance [Chapter 196], as amended; as well as all other applicable information required in this chapter (including this subsection). Upon approval of the application, all subsequent operations shall be in conformance with the site plan, the conditional use decision and all conditions, zoning permit, all state and federal permits (as applicable) and all standards contained in this subsection.

For all wells, if drilling has not been initiated within one year after the conditional use approval of the application, the conditional use approval is automatically rescinded. An extension may be granted by the Nockamixon Township Board of Supervisors for a maximum of one year upon written request by the applicant, prior to the expiration of the original one-year period, subject to the finding that the plan is in compliance with all standards.

Standards.

To the extent any provision of this subsection conflicts with any provision of any other applicable ordinance, law, rule or regulation, the more restrictive provision shall apply.

The provisions of this section are declared to be severable. If any provision of this section is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this section.

This use is prohibited on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether public or private.

All compressor stations must comply with the standards set forth in § 234-23S(6), unless clearly only applicable to the recovery of subsurface oil and gas deposits, or a stricter standard is set forth in this subsection.

This use is prohibited on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether, public or private.

This use shall not occur, no conditional use approval shall be granted, and no building or zoning permit shall be issued until the applicable procedures and standards in this subsection have been satisfied, the applicable provisions of this chapter and the Code of Ordinances of Nockamixon Township have been satisfied, and all applicable requirements of the Commonwealth of Pennsylvania and United States Governments have been satisfied, as evidenced by the prior written approval of the agency having jurisdiction, including, without limitation, the operator's license and copies of all state and federal permits.

An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection. An impact statement/report shall be provided that is in conformance with and provides all applicable information required by §§ 196-406 (relating to traffic), 196-408 (relating to water resources), and 196-411 (relating to environmental and cultural assessment) of the Nockamixon Township Subdivision and Land Development Ordinance [Chapter 196], as amended, as well as all other applicable information required in this chapter (including this subsection). Upon approval of the application, all subsequent operations shall be in conformance with the site plan, the conditional use decision and all conditions, zoning permit, all state and federal permits (as applicable) and all standards contained in this subsection.

Setbacks.

The provisions of this subsection are declared to be severable. If any provision of this subsection is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this section.

In the event that any court of competent jurisdiction declares all of Subsection T(1) through (5) above to be invalid or unconstitutional, and/or refuses to sever any of the above set forth provisions of this section, Use G-20, as defined under this chapter, shall be permitted subject to all of the following requirements:

All processing facilities must comply with the standards set forth in § 234-23S(6), unless clearly only applicable to the recovery of subsurface oil and gas deposits, or a stricter standard is set forth in this subsection.

This use is prohibited on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether public or private.

This use shall not occur, no conditional use approval shall be granted, and no building or zoning permit shall be issued until the applicable procedures and standards in this subsection have been satisfied, the applicable provisions of this chapter and the Code of Ordinances of Nockamixon Township have been satisfied, and all applicable requirements of the Commonwealth of Pennsylvania and United States Governments have been satisfied, as evidenced by the prior written approval of the agency having jurisdiction, including, without limitation, the operator's license and copies of all state and federal permits.

An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection. An impact statement/report shall be provided that is in conformance with and provides all applicable information required by §§ 196-406 (relating to traffic), 196-408 (relating to water resources), and 196-411 (relating to environmental and cultural assessment) of the Nockamixon Township Subdivision and Land Development Ordinance [Chapter 196], as amended; as well as all other applicable information required in this chapter (including this subsection). Upon approval of the application, all subsequent operations shall be in conformance with the site plan, the conditional use decision and all conditions, zoning permit, all state and federal permits (as applicable) and all standards contained in this subsection.

Setbacks.

The provisions of this subsection are declared to be severable. If any provision of this subsection is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this subsection.

In the event that any court of competent jurisdiction declares all of Subsection U(1) through (5) above to be invalid or unconstitutional, and/or refuses to sever any of the above set forth provisions of this section, Use G-21, as defined under this chapter, shall be permitted subject to all of the following requirements:

Priority preference. Nonregulated pipelines may be located only in existing rights-of-way for roads and pipeline rights-of-way, in order to minimize habitat fragmentation, pollution of groundwater and surface water resources, and disturbance to existing development.

Alternative. If the applicant demonstrates that locating a nonregulated pipeline in accordance with § 234-23V(1) poses a significant risk to public health, safety, and welfare, the following location rules shall apply:

Other standards. All nonregulated pipelines must comply with the standards set forth in § 234-23S(6), unless clearly only applicable to the recovery of subsurface oil and gas deposits, or a stricter standard is set forth in this subsection.

The provisions of this subsection are declared to be severable. If any provision of this subsection is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this section.

In the event that any court of competent jurisdiction declares all of Subsection V(1) through (4) above to be invalid or unconstitutional, and/or refuses to sever any of the above set forth provisions of this section, Use G-22, as defined under this chapter, shall be permitted subject to all of the following requirements:

A medical marijuana growing/processing facility shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.

No medical marijuana growing/processing facility shall be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

A medical marijuana growing/processing facility shall be clearly identified as such in its signage.

A medical marijuana growing/processing facility shall be subject to quarterly inspection by the Township Zoning Officer or other Township designee.

Permit application requirements:

Effect on federal law. Nothing in this § 234-23W shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.

General standards. The following shall apply to all home occupations:

Specific use standards. The following shall apply to specific accessory home occupations:

Parking spaces for the parking of passenger automobiles; parking of commercial vehicles not exceeding one ton loading capacity; or the parking of one school bus.

Structures such as fences and walls with a maximum height of seven feet.

No accessory structure or use, other than a garage, shall be permitted within required front yards except as follows: on lots of 10 acres or more an accessory structure may be located on any side of the dwelling, provided that the accessory structure is set back from all property lines the distance required by the front, side and rear yard requirements for the district and use. A completely detached accessory building may occupy a required rear or side yard but shall not be located closer than seven feet to any rear or side property line, except that swimming pools and other accessory construction surrounding swimming pools shall be no closer than 15 feet to any rear or side property line; and structures with a building area of more than 120 square feet shall meet the building setback requirements for principal structures. All accessory structures shall be located behind the principal building setback line closest to the street on which it fronts. In the case of corner lots where two front yards are required, all accessory structures shall be located behind the principal building line as established by the location of the principal building for both required front yards. No accessory structures shall be located closer to either street than the principal building.

The following residential accessory structures shall be permitted in conjunction with single-family detached dwellings only:

No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the required front yard shall be occupied by outside storage.

Outside storage areas shall occupy an area of less than 0.5 of the existing building coverage.

Uses requiring more substantial amounts of land area for storage, such as any nursery, automotive sales, truck terminal and lumber yards may be exempt from the provisions of Subsection C(2) above. For these and other similar uses, no more than 25% of the lot area shall be used for outside storage. Among the uses that shall not be considered appropriate for inclusion under this provision are retail shop, repair shop, service station, automobile repair and car wash.

The storage of tractor trailers, panel trucks, vans and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted, provided that such vehicles shall be used by the establishment in the normal conduct of their business.

The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods.

Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer.

Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality.

No retail sales shall be permitted from a temporary structure or vehicle.

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. Ornamental pools and wading pools which do not exceed 24 inches in depth are exempt from these provisions. Swimming pools shall include any pool, regardless of design or construction materials or the permanency of its location both above and below ground level, which is built, erected or used for the purpose of bathing or swimming and all buildings, equipment and appurtenances thereto. This chapter shall also apply to public swimming pools used and maintained by an individual, firm, corporation, club or association of persons for use by the public or members and their invites or guests. In the case of public swimming pools, this use need not be accessory to a residential use.

Each pool area and the paving or coping surrounding it or associated with it shall be located not less than 15 feet back from the front building line (the line at which the principal building is located) and not closer than 15 feet to property lines. No pool shall be permitted to be located within the front yard.

Safety. Any pool or water area 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.

Sanitary quality of water. The physical, chemical and bacterial qualities of the water in public swimming pools shall comply with the latest standards of the Commonwealth of Pennsylvania, Department of Health. Failure to maintain the sanitary quality of water prescribed by this section or to restore such water to the required quality within the time prescribed by the Department of Health shall be a violation of this section.

Construction and maintenance. The construction and design of all pools shall be such that the same can be maintained and operated as to be clean and sanitary at all times. The owners of every such pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Swimming pools shall be constructed, equipped and maintained in strict conformity with the provisions of the swimming pool and public health codes issued by the Commonwealth of Pennsylvania and the Bucks County Health Department. Initial filling of new swimming pools, and filling of swimming pools at the beginning of each new season, shall be completed from a source other than an on-site water supply well per Chapter 222 and Chapter 234.

Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into adjacent residential properties.

All electrical work connected with the pool and all equipment incidental thereto shall comply with all Underwriter Laboratory regulations and must be inspected and certified by an electrical underwriter's inspection agency. Owner or his agent shall submit satisfactory documentation that the inspection and certification has occurred prior to the initial filling of the pool with water.

A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.

Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.

All pool installations shall conform to all applicable building codes.

In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. Further, it shall be a violation of this chapter to cause or allow drainage onto adjoining land.

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

Fencing of pools. All outdoor private swimming pools, including in-ground, above-ground or on-ground pools, shall be provided with a barrier which shall comply with the following:

Fencing of a spa/hot tub shall be required and shall meet the provisions of Subsection E(13) above.

A spa or hot tub with a manufacturer's approved safety cover shall be exempt from fencing provisions of Subsection E(13).

The residential accessory dwelling shall occupy no more than 1,200 square feet of total floor area.

The residential accessory dwelling may contain separate cooking, sleeping, living and bathroom facilities.

The residential accessory dwelling shall be part of the principal residence or may be contained in an existing accessory structure such as a garage. Except as hereafter provided, no new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use.

On lots of three acres or more, no more than one new structure may be constructed to house a residential accessory dwelling. Such structure shall meet all of the dimensional requirements of a principal residence.

Written verification from the Bucks County Department of Health certifying to the adequacy of the sewage facilities proposed to service a residential accessory dwelling is required.

The required off-street parking for the principal dwelling plus one additional off-street parking space for the residential accessory dwelling shall be provided.

The residential accessory dwelling shall be occupied only by domestic servants or caretakers employed on the premises, occasional nonpaying guests and/or related family members such as elderly parents or dependent adult children who need to reside in close proximity to family members.

There shall be no changes to the exterior of the residence which suggest that the dwelling unit is other than a single-family detached dwelling or which otherwise detract from the single-family character of the neighborhood.

No more than one residential accessory dwelling shall be permitted per single-family detached dwelling.

Each residential accessory dwelling shall be registered with the Township Zoning Officer who shall keep a record of its occupants to ensure compliance with the provisions hereof. An annual permit shall be required for a residential accessory dwelling.

Definitions. As used within this section only, the following definitions apply:

General requirement for all temporary community events. No temporary community event shall be conducted unless the event sponsor or organizer provides adequate security, parking, emergency access, road access, traffic control, sanitary facilities, trash disposal, noise control and cleanup. All other provisions of the Township's Code of Ordinances, including noise control, continue to apply. The Township reserves the right to enjoin any event that poses a nuisance.

Permit requirement for commercial temporary community events. Except as otherwise set forth in Subsection I(4) below, no commercial temporary community event shall take place unless a permit has been granted in accordance with the Table of Use Regulations set forth in § 234-25 and the following requirements:

Local nonprofit entity permit exception. A commercial temporary community event conducted by a local nonprofit entity does not require a temporary community event permit.

Requirements for large temporary community events that are noncommercial or conducted by local nonprofit entities.

A regulated storage tank containing or designed to contain any hazardous substance shall not be located within 100 feet of any on-site or off-site water facility, watercourse, quarry and/or mineral extraction use or any other use conducting regular or intermittent blasting activities.

Any regulated storage tank containing or designed to contain any hazardous substance shall be an aboveground storage tank and shall be installed in a fully enclosed vault. The exterior of the storage tank must be visually inspectable from within the vault. The entire vault shall be placed above the surface of the ground, unless a state or federal regulation specifically requires the vault be located beneath the surface of the ground. Each regulated storage tank shall be entirely within the vault and shall be surrounded by an emergency holding area capable of effectively holding 110% of the total volume of the storage tank(s). The construction, composition and maintenance of this emergency holding area shall prevent the movement or discharge of the regulated storage tank's contents to the surrounding land surface.

Regulated storage tanks classified and/or defined as an underground storage tank are expressly prohibited. Regulated storage tanks may not be located beneath the surface of the ground unless:

For every regulated storage tank, the applicant shall furnish a report from a hydrogeologist stating the nature of the underlying soil geologic structure and aquifer; the likelihood of contamination of nearby water facilities and watercourses in the event the contents of the storage tank are discharged; the impact upon the surrounding uses of the storage tank; and an estimate of the groundwater travel time which might be expected from the location of the regulated storage tank to all water facilities and watercourses.

A surveyed drawing complying with the provisions of this chapter is required, indicating the specific distance from each regulated storage tank and vault to the nearest on-site and off-site water facility, nearest watercourse, nearest quarry extraction use and/or other use conducting regular or intermittent blasting activities.

Any regulated storage tank shall meet all current county, state and federal requirements.

Notwithstanding any other provision of this section to the contrary, regulated storage tanks, including all appurtenances thereto, are prohibited in any floodplain area.

Regulated storage tanks are permitted only as provided in this section and only as accessory uses to the following principal uses: E-9, Service Station; and the G category uses as set forth in Article VI of this chapter.

All distances under this section shall be measured as follows:

For purposes of this Subsection J, the following words, phrases and definitions shall apply:

Such use must be accessory to a principal use.

Minimum lot area for erecting a wind energy system: two acres.

The wind energy system shall be located no less than 100 feet (or 1.1 times the height of the device, whichever is greater) from any property line, no less than 100 feet (or 1.1 times the height of the device, whichever is greater) from overhead utility, radio, television or telecommunication lines, if any, and no less than 100 feet (or 1.1 times the height of the device, whichever is greater) from a street line (or other public right-of-way). A device may be located within the front yard, provided that it is located to the side of the dwelling, subject to receipt of prior approval of the Zoning Officer. The setback distance shall be measured from the center of the wind energy system base to the nearest point of such property line, overhead line or street line.

There shall be a maximum of one device on a single parcel, or multiple (contiguous) parcels in same ownership.

The maximum height of the wind energy system, including all moving and rotating parts, shall be 100 feet, measured from the undisturbed ground elevation at the base of the device to the highest point of the arc of the blade, or to the top of the tower, whichever is greater. If a wind energy system is attached to an existing structure, then the maximum height of the attached wind energy system shall not exceed 100 feet, including the height of the existing structure.

The minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 15 feet, as measured at the lowest point of arc of the blades.

Guy wires associated with any wind energy system shall be located not less than 10 feet from a front, side or rear property line and shall be located not less than 10 feet from the dwelling located on the lot on which the wind energy system is to be located and shall be located not less than 10 feet from any street or other public right-of-way. Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

All ground-mounted electrical and control equipment shall be labeled and secured, and equipped with an appropriate anti-climbing device or other similar protective device, to prevent unauthorized access. The tower shall not provide steps or a ladder readily accessible to the public for a minimum height of eight feet above the ground surface.

Operation of a wind energy system shall comply with performance standards of § 234-35 of this chapter. The owner of a wind energy system shall make reasonable efforts to minimize shadow flicker to any occupied building on another landowner's property.

No artificial lighting, unless required by the Federal Aviation Administration or other applicable authority that regulates air safety, signage, or any forms of advertising shall be utilized by or attached to the wind energy system.

Design and location of a wind energy system shall consider, to the greatest extent possible, the aesthetics of the surrounding environment. In no case shall a wind energy system be attached to a structure listed on the National Register of Historic Places or the Pennsylvania Register of Historic Places.

A permit must be first obtained from the Zoning Officer to erect a wind energy system, and such permit application must be filed along with the required permit fees. As part of the permit application, a plot plan of the parcel on which the wind energy system will be located shall be submitted to the Township, which identifies property lines, lot area, location of existing natural and man-made features, location of the proposed wind energy system, ownership information for adjoining properties, and setback measurements from property, street and public right-of-way lines. The Township may require submission of illustrations and photos depicting the color, size, shape, and architectural features of the proposed device, and submission of color photographs of the proposed tower location taken from view of all adjoining properties and roads.

Wind energy systems shall be a neutral, nonobtrusive color, such as white, off-white, gray, brown or other earth-tone shade, or such other color as permitted by the Township, unless required by the Federal Aviation Administration or other applicable authority to be otherwise.

All utility lines, including electrical wires other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, must be installed underground in accordance with the prevailing standards of the servicing utility company.

Any wind energy system that is defective, has been abandoned, or that is deemed to be unsafe by the Township Building Code Official shall be required to be repaired by the owner, at the owner's expense, to meet federal, state, and local safety standards, or be removed by the property owner within six months of written notification from the Township. If the owner fails to remove or repair the defective or abandoned wind energy system, the Township may pursue a legal action to have the wind energy system removed at the owner's expense.

A wind energy system, including tower, shall comply with all applicable state construction and electrical codes and the National Electrical Code. Prior to issuance of a building/zoning permit for installation of the device, the applicant must submit to the Township all documentation required by the Township Building Code Official to verify that the design of the device complies with the Pennsylvania Uniform Construction Code (UCC), including, but not limited to, documentation of the structural integrity of the foundation, base, tower, and all appurtenant structures; and electrical design. Design information must be certified by a licensed professional engineer in the Commonwealth of Pennsylvania.

No person shall install, construct, place and/or replace a solar energy system within Nockamixon Township without first applying for and receiving the appropriate permit from the Township and paying the requisite permit fee in full. No permit for such a solar energy system shall be issued until the plans and specifications have been approved by the Code Enforcement Officer and/or Township Engineer in accordance with this chapter and all other requisite approvals needed under the Township Code of Ordinances have been secured.

The solar energy system shall conform to all applicable regulations of the zoning district (including dimensional and impervious surface), as set forth in applicable sections of the Township Code of Ordinances, in which the solar energy system is installed if not otherwise specifically set forth herein.

No adjacent property owner shall be required to remove or cut any plant, bush, crop, or tree, nor shall any solar energy system be located so that any reflection is directed toward an adjoining property.

Ground arrays. Solar panels shall be permitted as ground arrays in accordance with the following:

Roof mounts. Roof-mounted solar panels, subject to the provisions of this section, are permitted in accordance with the following:

The installation of a solar energy system shall conform to the Pennsylvania Uniform Construction Code, as amended, and to all other applicable regulations and industry standards, including those of the American National Standards Institute. Manufacturer's data and certificates of design compliance shall be submitted with the permit application and plan.

All wiring shall comply with the applicable version of the National Electrical Code (NEC), as amended. The local utility provider shall be contacted by the owner of the subject property to determine grid interconnection and net metering policies.

Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line, and there shall be no auxiliary illumination of the system.

The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the facility into the natural setting and existing environment.

Mechanical equipment associated with and necessary for the operation of the solar energy system shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other plant materials acceptable to the Township.

All solar energy system operators and owners must comply with any and all federal, state, and local regulations pertaining to solar energy and its collection for personal use.

If any of the requirements herein conflict with federal and/or state requirements, then the federal and/or state requirements shall govern, unless the requirements of this chapter are more stringent, in which case this chapter shall govern.

All solar energy system contractors applying for permits must submit proof of appropriate insurance in a manner, form and amount acceptable to the Township and be a certified installer for the type of system proposed.

No person shall: construct or install a GSHP; dig, bore, drill, replace, modify, repair and/or destroy a well that is, is intended to be, or was part of a GSHP; or make any other excavation that may intersect groundwater without first applying for and obtaining the appropriate permit from the Township and Bucks County Health Department and paying the requisite permit fee in full. A permit is required for any GSHP within Nockamixon Township. Only closed-loop systems are permitted within Nockamixon Township. No open-loop system shall be permitted within Nockamixon Township. Application for a permit for the drilling of a well and/or the installation and/or construction of a GSHP shall be made to the Township Code Enforcement Officer. No permit for such a well and/or GSHP shall be issued until the plans and specifications have been approved by the Code Enforcement Officer and/or Township Engineer in accordance with this chapter and all other requisite approvals needed under the Township Code of Ordinances have been secured. A site plan shall be submitted with the application for a GSHP and shall include the following:

GSHP systems shall be designed and constructed in accordance with the International Ground Source Heat Pump Association (IGSHPA) Installation Standards, as amended, and found at Section 6.3, References, of the Ground Source Heat Pump Manual of the Pennsylvania Department of Environmental Protection, as amended.

The perimeter of the GSHP subsurface loops shall meet the following minimum isolation requirements (unless more-restrictive isolation distances are required by the Bucks County Health Department):

The subsurface loop of the GSHP system must comply with the following:

The installation specifications and drawings for the GSHP system shall be submitted to and reviewed by the Code Enforcement Officer and/or Township Engineer.

GSHP well drilling shall only be undertaken by a Pennsylvania-licensed well driller.

Wells shall be grouted to protect against degradation or contamination of the groundwater or intermingling of separate aquifers in accordance with the procedures recommended by the IGSHPA and Bucks County Health Department.

Prior to activation of a GSHP system, the Pennsylvania-licensed well driller and/or system installer shall provide to the Township:

The depth of the tubing or heat transfer element must be at least 30 inches below the surface of the ground.

Ground source heat pump systems shall not encroach on public drainage and/or stormwater, utility, roadway or trail easements.

The GSHP shall be properly maintained in accordance with manufacturer's specifications, the installer's specifications, and any applicable federal, state and local laws. The owner of the GSHP shall keep maintenance records and provide copies to the Township, if requested. Additionally, the Township shall be provided access to inspect the system for proper operation and maintenance upon written notification to the property owner.

The requirements set forth in this section do not apply to the following:

Fuel burned in any new or existing outdoor solid-fuel-burning appliance shall only be clean wood, natural untreated wood, wood pellets from clean wood, approved corn products, approved biomass pellets or other fuels specifically permitted by the manufacturer's instructions.

No person shall install an outdoor solid-fuel-burning appliance that is not UL listed and an EPA OWHH Phase 2 or current program qualified appliance.

No outdoor solid-fuel-burning appliance shall be located less than 75 feet from any property line.

No outdoor solid-fuel-burning appliance shall be located less than 200 feet from any occupied structure not located on the lot on which the appliance will be located.

The applicant shall provide documentation confirming that the manufacturer certifies that the proposed chimney height is safe and appropriate for the proposed use and location. The maximum height of the outdoor solid-fuel-burning appliance stack or chimney shall not exceed the maximum height requirement in the specific zoning district wherein the appliance is located. For new outdoor solid-fuel-burning appliances, no person shall install such an appliance unless it has a permanently attached chimney with a minimum chimney height of 10 feet above the ground.

No person shall use or operate a new or existing appliance unless it complies with all existing federal, state and local regulations, as applicable, including, but not limited to, the following:

All appliances shall be installed, operated, and maintained in strict compliance with the manufacturer's instructions and guidelines for the appliance. In the event that a conflict arises between the manufacturer's instructions and regulations, and the regulations contained in this chapter the stricter instructions and/or regulations shall apply.

All ashes or waste may be disbursed on the property where the appliance is located unless otherwise prohibited by law.

All appliances shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structure, including residential swimming pools, located on the property wherein the appliance is located.

All outdoor solid-fuel-burning appliances shall be equipped with properly functioning spark arrestors.

All outdoor solid-fuel-burning appliances must be equipped with a properly functioning catalytic converter.

Installation of any electrical or plumbing apparatus or device used in connection with the operation of an appliance shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications.

Standards for installation of an appliance shall also require the outdoor solid-fuel-burning appliance to be installed upon a nominal six-inch-thick, permanent, reinforced concrete pad in such dimension so as to allow a minimum of six inches of exposed surface area along the perimeter of the pad, or in accordance with the manufacturer's specifications, whichever is greater.

All stacks or chimneys must be constructed to withstand high winds or other related elements, pursuant to applicable building codes.

Any outdoor solid-fuel-burning appliance in existence on the effective date of this amendment shall be permitted to remain, provided that the owner complies with the regulations provided for in this chapter with respect to permitted fuel, emissions, safe operation, and/or modifications.

The outdoor solid-fuel-burning appliance shall be properly maintained in accordance with the manufacturer's specifications, the installer's specifications, and any applicable federal, state and local laws. The owner of the outdoor solid-fuel-burning appliance shall keep maintenance records and provide copies to the Township, if requested. Additionally, the Township shall be provided access to inspect the system for proper operation and maintenance upon written notification to the property owner.

If an outdoor solid-fuel-burning appliance is replaced or upgraded, a permit shall be required pursuant to this chapter and shall comply with all sections of this chapter.

If an outdoor solid-fuel-burning appliance remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed to be abandoned and constitute a public nuisance and shall thereafter be removed by the property owner. This section shall not apply to unoccupied properties (such as those for sale) where the system is properly maintained. The alternative energy system owner, at his/her sole expense, shall complete decommissioning of the system within six months after the end of the useful life of the system, or within six months of damage which prevents the system from operating in a safe manner at full capacity or according to industry standards. The owner shall remove the abandoned and/or decommissioned system after a demolition or other requisite permit has been obtained from the Township. Removal includes the entire structure, including foundations to below natural grade, external mechanical equipment and transmission equipment.

A site plan shall be submitted with the application for an outdoor solid-wood-burning appliance, including the following: the location of the lot, building(s), and proposed alternative energy system in relation to each public right-of-way, building, property line, neighboring properties and buildings, and driveways. It shall also identify the lot area, location of existing natural and man-made features, ownership information for adjoining properties, setback measurements from property and street lines, and any additional information deemed necessary by the Township.

Conditional use approval for wellhead compressors may be considered at the same time as conditional use approval for G-19 Recovery of Subsurface Oil and Gas Deposits.

A wellhead compressor may not service more than one wellpad but may service multiple wells on one wellpad.

As an accessory use to recovery of subsurface oil and gas deposits (Use G-19), wellhead compressors are subject to § 234-23S.