North Codorus Township York County
City Zoning Code
City Zoning Code
ARTICLE IV
Use Regulations
§ 195-16 Purpose.
The purpose of this article is to supplement Article III with additional requirements applicable to specific uses regardless if these uses are permitted by right or by special exception.
§ 195-17 Residential uses.
A.
Boarding or rooming house.
(1)
A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.
(2)
Not more than four boarders/roomers shall be provided for upon any lot or in any single building.
(3)
Minimum period of residency for all boarders/roomers shall be one week.
(4)
The lot on which such building is located must have a lot area, in addition to other area requirements of the chapter, of not less than 1,500 square feet for each person for whom accommodation is provided therein.
(5)
Any on-lot septic system shall be inspected to determine that it will be able to handle the flows, and that there is no evidence of existing malfunctions.
B.
Group homes. Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:
(1)
A group home shall not include any use meeting the definition of a "halfway house" or a "treatment center."
(2)
A group home shall include the housing of a maximum of six unrelated persons, except:
(a)
If a more restrictive requirement is established by another Township code;
(b)
The number of bona fide paid professional staff shall not count towards such maximum;
(c)
A maximum of 10 residents shall apply in a commercial district; and
(d)
As may be approved by the Zoning Hearing Board under § 195-59D(2)(e).
(3)
The facility shall have adequate trained staff supervision for the number and type of residents. If the group home has five or more residents, then twenty-four-hour on-site staff shall be provided. The applicant shall provide a written statement describing the minimum training of the staff.
(4)
The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.
(5)
The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.
(6)
Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons at one time.
(8)
If a group home is in a residential district, its appearance shall be maintained as that of a residential structure, and closely similar to nearby dwellings, and no sign shall identify the use.
(9)
The persons living on-site shall function as a common household unit.
C.
Halfway house or treatment center.
(1)
A halfway house or treatment center must be licensed where required by an appropriate government agency(ies), as applicable, and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license must be delivered to the Township prior to beginning the use.
(2)
A halfway house shall be directly affiliated with a parent institution or organization that shall provide full-time supervision and administration to the residents of the house.
(3)
A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.
(4)
The residents of the use shall reside on-premises to benefit from the services provided.
(5)
Unless the building will be served by public water and sewage services, necessary permits for water supply and sanitary waste disposal must be obtained.
(6)
A minimum of one off-street parking space shall be provided for each three residents of the use, unless the applicant proves to the Zoning Officer that residents will not be allowed to have vehicles, plus one space for every staff-person on the peak shifeet
(7)
Each special exception application shall be accompanied by a statement describing the following:
(a)
The character of the use;
(b)
The policies and goals of the use, and the means proposed to accomplish those goals;
(c)
The characteristics of the residents and number of residents to be served;
(d)
The operating methods and procedures to be used; and
(e)
Any other facts relevant to the proposed operation of the use.
(8)
Any special exception granted for the use shall be bound to the type and number of offenders listed on the application. Any change in the type or number of offenders being housed shall require a new special exception.
D.
Manufactured/mobile home parks.
(2)
Area and dimensional requirements.
(a)
The minimum site area shall be five acres.
(b)
The maximum density shall be four dwelling units per buildable acre. This density shall be calculated as provided in § 195-10C.
(c)
Minimum space per manufactured/mobile home shall be 8,000 square feet.
(d)
Minimum width of a manufactured/mobile home space shall 60 feet, measured at the end of the dwelling that is closest to a road.
(e)
Minimum yards (feet):
[1]
Minimum perimeter building setback: 30 feet. See perimeter landscaping requirements in the SALDO.
[2]
Minimum separation between walls of any two buildings: 20 feet. Awnings, porches, decks and similar unenclosed additions may extend up to five feet into a required separation area.
[3]
Minimum setback for a building from an internal road: 10 feet.
(3)
All manufactured/mobile home parks shall be served by public water and public sanitary sewer system.
(4)
All manufactured/mobile home units shall have direct access to an interior roadway system. No unit shall front on an exterior roadway.
(5)
The Zoning Hearing Board may require suitable screen planting, or may restrict the proximity of manufactured/mobile homes or other improvements to adjoining properties, or may attach such other conditions or safeguard to the use of the land for a manufactured/mobile home park as the Board may deem necessary to protect the general welfare.
(6)
See requirements of the Subdivision and Land Development Ordinance regarding recreation land that shall be provided for the use of the residents.
E.
Residential conversions, to result in one or more new dwelling units.
(1)
The conversion shall not cause a reduction in the residential, agricultural or historic external character of the building, except for fire safety and disabled access improvements.
(2)
If such conversion involves more than one dwelling unit, it shall only be allowed for a building of more than 3,000 square feet of existing building floor area, or for agricultural barns or mill buildings of more than 600 square feet of building floor area that existed prior to July 21, 1998.
(3)
Such conversion shall result in a maximum of two dwelling units in the building, except a higher number may be approved by the Zoning Hearing Board if the building includes more than 4,000 square feet of existing building floor area.
F.
Temporary housing for farm workers.
(1)
The temporary housing shall take place on farm parcels only with a minimum lot area of 25 acres. A minimum building setback of 150 feet shall apply from the lot line of a dwelling that is not in common ownership.
(2)
The housing units must be temporary in nature, that is, either manufactured/mobile homes or manufactured homes capable of being removed after use for temporary housing.
(3)
The housing units shall be used to house seasonal farm laborers only.
G.
In-law quarters. The Zoning Officer may grant a permit to place a manufactured/mobile or modular home or other dwelling unit, which shall be accessory to the principal dwelling unit, on a lot where the same would not otherwise be permitted by the terms of this chapter, to house a member of the family of at least one of the owners of the tract on which the dwelling unit is to be placed (family members shall be limited to include only ancestors, siblings, and direct descendants of the owner and their step-relationships), subject to all of the following:
(1)
On the tract of land where the dwelling unit is proposed to be located, all dwelling units are occupied by either the property owner or a member of his family.
(2)
No rent or consideration is received for the use of the dwelling unit, or the space which it occupies.
(3)
No more than two persons shall reside in the dwelling unit at any time (excluding any professional medical or health care providers who are caring for the resident).
(4)
The owner of the property shall apply for and receive a zoning permit for the use from the Zoning Officer, as provided in the following subsections:
(a)
Permits for this use shall be issued for one year and shall be renewed annually by the applicant. By applying for a permit, the applicant agrees that the Township's Zoning Officer, Codes Enforcement Officer, and/or Sewage Enforcement Officer shall have the right to inspect the premises before issuance of the permit and after improvements to the property to assure compliance with the application, permit, and all relevant Township ordinances, as well as for one year following the removal of the improvement to assure continued compliance. Inspections shall be conducted during normal daytime business hours upon 48 hours' notice by the inspector. Failure to renew a permit may, and failure to permit inspection shall, constitute an abandonment of the use or be grounds for denial of a permit renewal.
(5)
The applicant proves to the satisfaction of the Zoning Officer that there is a genuine physical or medical hardship involved to either occupant of the dwelling unit for which the permit is issued, which requires the family member to live in close proximity with the primary occupant of the parcel of land on which the additional dwelling unit is to be placed and that there is no other reasonable way in which the requirements of this chapter can be satisfied. This requirement shall be waived if at least one of the occupants of the other dwelling unit is the parent, stepparent or grandparent of one of the owners of the lot and is at least 65 years old.
(6)
Applicants shall make a reasonable effort to utilize the property's current electrical service for the manufactured/mobile home or other dwelling unit. they are unable to do so, and are required to provide separate electrical service, they shall remove the electrical service to the other dwelling unit within 30 days after the family member no longer needs to live on the lot.
(7)
Any manufactured/mobile or modular home must be removed and any attached unit must be converted to be part of the principal dwelling unit within 90 days after the relative ceases to live on the lot.
(8)
Dwelling units that are attached to the principal residence shall not be permitted to have separate stove and oven facilities, unless the applicant has agreed in writing in advance to completely remove the second stove and oven after the relative no longer needs to live on the lot.
§ 195-18 Agricultural uses.
A.
Animal husbandry.
(1)
The use regulations shall apply to any new building utilized to house animals placed or constructed after the effective date of this chapter.
(2)
A new animal husbandry building housing livestock or poultry shall not be located within 100 feet of: a) any residential district or b) a dwelling unit on an adjacent property that is not in common ownership and that existed prior to the enactment of this chapter.
(3)
The following additional requirements shall apply for a concentrated animal operation (CAO) or a concentrated animal feeding operation (CAFO) as defined in § 195-5 (which references PADEP regulations):
(a)
Minimum lot area: 10 acres.
(b)
As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would not be detrimental to public health or safety or create significant hazards or nuisances. An adjacent property owner may also waive his/her rights to an increased setback by providing a signed and notarized written letter to the Zoning Officer. Such waiver shall be automatically binding upon future owners of the property.
(c)
A new building used for a CAO or CAFO use shall be set back a minimum of 200 feet from an R-1, R-2, R-3 or VC District.
(d)
The applicant shall provide a soil and erosion control plan to the County Conservation District for review and approval and pay their review fees.
(e)
The applicant should describe in writing or on site plans methods that will be used to address water pollution and insect and odor nuisances. The applicant should provide a written comparison of proposed methods of controlling insect and odor nuisances and avoiding water pollution to applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the United States Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection, or their successor publications. The applicant may provide a cross-reference to certain sections of such manuals or other written industry standards to describe the methods that will be used.
(f)
The location of the facility is requested to consider prevailing wind patterns as they may affect the nearest existing dwellings.
(4)
For a new or expanded animal husbandry use, evidence shall be provided by the operator/applicant to the Township to show that there will be compliance with procedures and requirements of the State Nutrient Management Act[1] and accompanying state regulations, if applicable.
[1]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
B.
Farm-related warehousing, sales and service uses.
(1)
All activities and services shall be directed at meeting the needs of the farming community. Sales and service shall be restricted to agricultural equipment and supplies. Uses shall not include the wholesale distribution of agricultural products from multiple farm operators. However, a barn or similar agricultural building that existed prior to the enactment of this chapter may be used for routine types of nonhazardous business, residential, vehicle or boat indoor storage, in addition to agricultural uses.
(2)
All uses shall have direct access to a collector or arterial roadway as identified in the Township Comprehensive Plan.
(3)
All structures shall be located at least 50 feet from all property lines, unless set back further by standards of the underlying zone.
(5)
All outside storage shall be completely enclosed by a six-foot-high fence and screened from adjoining properties and roads. No outdoor storage is permitted within the buffer area.
(6)
All grain storage facilities, conveying apparatuses, drying chamber and axial ventilation fans shall be set back a minimum of 100 feet from all property lines.
C.
Farm support businesses. The following provisions shall only regulate nonagricultural activities.
(1)
No more than two acres of an agricultural lot of more than 20 acres, or 5% of the agricultural lot, whichever is more restrictive, shall be devoted to such use, including areas for structures, parking, storage and display. A driveway needed to serve the farm and/or a dwelling shall not be counted as part of the farm support business.
(2)
The owner or occupant of the agricultural use must be engaged in the farm support business, except that buildings that existed prior to the enactment of this chapter may be leased to another person to operate a farm support business.
(3)
No more than four persons, other than individuals who reside on the farm, may be employed in the farm support business.
(4)
The use must be conducted within a completely enclosed building typical of farm buildings, a dwelling or a customary residential garage.
(5)
Any new nonagricultural building used for the farm support business shall be located behind the principal farm residence on the site or shall be located at least 150 feet from the closest lot line of a dwelling.
(6)
Any nonagricultural outdoor storage of supplies, materials, or products shall be located behind the building in which the farm support business is conducted.
(7)
Any manufacturing operations shall be of a custom nature and shall be conducted indoors. The business shall not generate noxious odors, noise or glare perceptible beyond the lot lines beyond amounts that are typically generated by agricultural operations. Non-agricultural operations shall not routinely occur in a manner that generates traffic or noise heard by neighbors between the hours of 9:00 p.m. and 7:00 a.m. Any nonagricultural retail sales shall only be occasional or accessory in nature.
(8)
Only one sign shall advertise a farm support business, which shall have a maximum sign area of 10 square feet on each of two sides, and which shall not be internally illuminated, and which shall have a maximum height of eight feet.
(9)
The following activities shall be permitted by right as a farm support business:
(a)
Farm equipment or farm vehicle repair;
(b)
Occasional repair of one motor vehicle at a time, beyond those vehicles owned or leased by a resident of the property or his/her relative, or installation of accessories to motor vehicles;
(c)
Barber/beauty shop, music, hobby, trade or art instruction;
(d)
Office;
(e)
Small engine repair;
(f)
Custom woodworking or wood refinishing, or custom blacksmithing or sharpening services;
(g)
Custom butchering, not including a commercial slaughterhouse of animals not raised on the premises and not including a stockyard;
(h)
Sawmill;
(i)
Corn mazes and related seasonal activities and tours;
(j)
Use of a building that existed prior to the enactment of this chapter for rental storage, such as for boats or recreational vehicles; or
(k)
Sale of seeds, animal feed, turf or mulch.
(10)
The following farm support businesses shall require special exception approval from the Zoning Hearing Board:
(a)
Uses that the applicant proves to the Zoning Hearing Board are closely similar in impacts to uses listed as allowed farm support businesses.
(b)
Use of a building that was constructed after the effective date of this chapter for rental storage by others.
(c)
A construction tradesperson's or landscaping business headquarters.
(d)
Bulk processing of agricultural products produced by others.
(e)
Welding and custom machining of parts.
(11)
The use shall not involve the storage or use of highly hazardous, toxic, radioactive, flammable or explosive substances, other than types and volumes typically used in agriculture or a household.
D.
Retail sales of agricultural products.
(1)
Any new structure used for the sales shall be located at least 25 feet from any side or rear property line, or as required by the underlying zone, whichever is greater.
(2)
Any new structure used for the sales shall be set back at least 25 feet from the street right-of-way.
(3)
Off-street parking shall be provided for all employees and customers.
(4)
Any driveway shall be able to meet minimum clear sight distances that would apply to a driveway onto a state road, regardless of whether a state road is involved and regardless of whether PennDOT requires a permit.
(5)
A minimum of 25% of all of the products sold shall have been produced by the operator of the use or his/her relatives or by other farms within the Township. Only agricultural products may be sold, unless the requirements are also met for a retail store.
E.
Riding schools and/or horse boarding stables.
(1)
Any building used for the boarding of horses shall be set back at least 200 feet from any property line.
(2)
All stables shall be maintained so to minimize odors perceptible at the property line.
(3)
All outdoor training or show facilities or areas shall be set back 100 feet from all property lines.
(4)
All outdoor training, show, riding or boarding areas shall be enclosed by a minimum four-foot-high fence, which will be located at least 10 feet from all property lines.
(5)
All parking lots and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking environment or movement of vehicles across neighboring properties.
§ 195-19 Recreational uses.
A.
Campgrounds and camps.
(1)
There shall be a minimum lot area of 15 acres with a maximum lot (impervious) coverage of 10%.
(2)
All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any public street right-of-way line. Recreational vehicle parking areas shall be set back a minimum of 150 feet from any lot line of a lot including an existing dwelling. Where existing mature trees exist along part or all of the perimeter of the tract, such trees shall be preserved within a width of 50 feet from an exterior lot line, except where entrances, exits or utility crossings have been approved by the Township.
(3)
Each campsite shall be at least 1,000 square feet in size and shall either provide parking space for one automobile, which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area.
(5)
All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residentially zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors.
(6)
All facilities shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from any adjoining residential property.
(7)
Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining parcels used for residential purposes.
(8)
All facilities containing more than 100 campsites shall have vehicular access to an arterial or major collector roadway as defined in the North Codorus Comprehensive Plan.
(9)
A minimum of 20% of the gross area of the use shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner.
(10)
During operation, every facility shall have an on-site person operating out of an office or recreational vehicle who is responsible for the operation of the facility.
(11)
All water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the Pennsylvania Department of Environmental Protection (PADEP). All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public street.
B.
Commercial outdoor recreation.
(1)
Sufficient screening and/or landscaping in accordance with the SALDO or as determined by the Zoning Hearing Board shall be provided to mitigate visual and/or audible impacts on adjoining properties.
(2)
The applicant shall present evidence that the proposed use will not be detrimental to the use of adjoining properties as a result of, but not limited to, hours of operation, noise, light, litter, dust, pollution and traffic congestion.
(3)
Required off-street parking will be determined upon the types of activities proposed and the schedule listed in Article VII, Off-Street Parking and Loading Requirements, § 195-45.
(a)
The Zoning Hearing Board may require a suitable, sod-grassed overflow parking area to be provided for peak use periods.
(b)
Overflow parking areas shall be accessible only from interior driveways of a permanent parking lot.
(c)
Overflow parking shall contain screening and/or fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
(4)
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods.
(5)
Any outside pedestrian waiting lines shall be provided with a means of shade.
(6)
This term shall not include motor vehicle racetracks, which are regulated as a separate use.
C.
Golf courses.
(1)
The minimum lot area shall be not less than: 45 acres for a par-three, eighteen-hole course; 60 acres for a nine-hole or executive golf course; and 100 acres for a regulation eighteen-hole course.
(2)
The course shall be designed so that golf balls are unlikely to be driven over or across any building, building lot, road, access drive, driveway or parking lot. In addition, the golf course design shall minimize the cart path crossing of streets.
(3)
Minimum setback requirements for fairways, greens and buildings.
(a)
Fairways and greens shall be set back a minimum of:
[1]
One hundred and 50 feet from any lot lines of existing dwellings. For undeveloped residential lots abutting the golf course, the one-hundred-fifty-foot setback shall be measured from the rear yard setback line of the abutting property.
[2]
Fifty feet from any nonresidential lot line of an abutting property or the existing street right-of-way line.
[3]
All golf course buildings and structures shall be set back 250 feet from any exterior lot line.
(4)
Any points where the golf course crosses a road shall be signed "Warning: Motorists and Pedestrians."
(5)
Any maintenance area shall be screened from view from dwellings and public streets by landscaping.
(7)
All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences and from adjoining streets in accordance with the Township SALDO.
(8)
The outdoor lighting of any golf driving range shall be directed and shielded so that the light does not shine directly onto residential properties.
D.
Outdoor firearms target range.
(1)
Minimum lot area: 10 acres.
(2)
Minimum lot width: 300 feet.
(3)
The land development plan shall show the shot fall zone in accordance with the National Rifle Association (NRA) guidelines for various types of ranges (NRA Range Development Manual). Adjacent areas must be predominantly undeveloped and the range area must be at least 200 feet from any property or street right-of-way line or in accordance with the shot fall zone and the guidelines of the NRA.
(4)
The shot fall zone must also be located at least 1,000 feet from any existing residential dwelling.
(5)
An earthen background berm must be provided within 20 feet of the farthest target post to prevent wild or ricocheting bullets or wild or stray arrows. The berm shall meet the following requirements:
(a)
The berm shall have a slope of not less than one vertical to two horizontal and must extend at least eight feet above the ground level of the highest target.
(b)
The crest of the berm at the eight-foot minimum height limit shall be at least four feet in width as measured between the wall of the berm facing the range and the opposite wall.
(c)
Earthen side berms must be provided immediately adjacent to the range and shall extend from the firing line to the background berm, and shall have a four-foot minimum height.
(6)
Targets shall not be placed on the ground in a manner that could result in ricochets.
(7)
Warning signs must be posted at least 10 feet from the outside of all berms, and be of sufficient size to be read outside the shot fall zone.
(8)
The firing range shall be free of gravel and other hard surface materials and be adequately drained.
(9)
Adult supervision must be provided for children under 16 years of age.
(10)
The Zoning Hearing Board may require an NRA range evaluation by an NRA site assessment team prior to range development, or a written comparison of the proposal to published NRA standards.
(11)
This subsection shall not apply to customarily accessory target shooting by a landowner or tenant of a property, provided that state safety zones are met and the shooting does not occur in the direction of an occupied building without a barrier.
§ 195-20 Institutional uses.
A.
Educational institutions.
(1)
Educational institutions include private and public primary or secondary schools, as well as state-licensed colleges and universities.
(2)
The minimum lot size shall be two acres.
(3)
Dormitories and other student residence halls shall not be allowed.
(4)
If the use is not served by public water and public sewage services, evidence shall be provided of sufficient water supply and sewage disposal capacity.
B.
Licensed hospital.
(1)
Minimum lot area: 10 acres.
(2)
Public sewer and water shall be required.
(3)
Emergency entrances shall be located on a building wall facing away from adjoining residential uses or zoned property.
(4)
The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous wastes.
(5)
A traffic study is required.
D.
Places of worship.
(1)
The minimum lot size shall be two acres. The use may be combined with other allowed uses in the district, provided that the requirements are met for each use. A dwelling unit may be included for the housing of religious staff and his/her family.
(2)
The following uses shall be permitted accessory uses to a place of worship and shall be conducted upon the same lot:
§ 195-21 Commercial uses.
A.
Adult businesses.
(1)
Adult businesses must meet the requirements listed below.
(2)
The lot of such business shall not be located within 500 feet of any dwelling unit or residential zoning district.
(3)
The lot of such business shall not be located within 1,000 feet of the lot line of any religious structure, public park or recreation facility, primary or secondary school, day-care center or public library.
(4)
The lot of such business shall not be located within 1,000 feet of another adult-oriented business.
(5)
No material, merchandise, video or service offered for sale, rent, lease, and loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure or that can be seen from the exterior of the building.
(a)
Any building or structure used and occupied as an adult regulated facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed.
(b)
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
(6)
Each and every entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult regulated facility restricting persons under the age of 18 from entrance.
(7)
No unlawful sexual activity or conduct shall be performed or permitted.
(8)
The following shall be prohibited: any use or activity prohibited by Section 5903 of the Pennsylvania Crimes Codes as amended and further defining the offense of obscenity, redefining "obscene" and further providing for injunctions.
(9)
An adult live entertainment use shall not include any rooms or cubicles of less than 300 square feet in floor area that are accessible to customers, other than restrooms with toilet facilities.
(10)
An adult business shall not be open to nonemployees between the hours of 12:00 midnight and 7:00 a.m. If state liquor license regulations requires that a particular use must be allowed to be open during later hours, such use may be open during such hours, but the adult business operations shall cease at midnight.
B.
Bed-and-breakfast inn.
(1)
No modifications to the external appearances of the building (except for fire safety, ADA access or historic rehabilitation) which would alter its residential character shall be permitted.
(2)
Guest stays shall be limited to a maximum of 14 consecutive days.
(3)
A maximum of five guest rooms shall be permitted.
(4)
Breakfast or brunch shall be provided only to the guests of the establishment.
(5)
The operation of the inn shall be conducted so as to be clearly incidental and accessory to the primary use as a single-family dwelling. An operator of the use shall reside on-site.
(6)
The Township Sewage Enforcement Officer shall certify the adequacy of any on-lot septic system to handle the additional volume generated by the use.
C.
Businesses with drive-through facilities.
(1)
A site circulation plan shall be devised that separates those patrons utilizing drive-through service from those patrons utilizing indoor facilities. The plan shall include the following information:
(2)
Drive-through lanes shall accommodate a minimum of eight vehicles waiting to utilize the drive-through service and shall be situated to prevent vehicles from queuing onto adjoining roadways.
(3)
All drive-through window lanes shall be clearly marked and separated from the interior driveways of parking lots or areas.
(4)
Exterior microphone/speaker system shall be arranged or screened to prevent objectionable noise impact on adjoining properties.
(5)
The drive-through facility, including teller windows and intercom, and the majority of the length of the driveway shall be located along the side or rear faces of the building.
E.
Kennels.
(1)
All kennels shall be licensed by the Commonwealth of Pennsylvania and shall be constructed and maintained in accordance with the Pennsylvania Code, Title 7, Part 11, Chapter 21, entitled "General Provisions; Kennels; Licensure; Dog-Caused Damages," as amended.
(2)
All buildings in which animals are housed and all runs shall be located at least 200 feet from all lot lines. Animals shall be kept inside during nighttime hours to the maximum extent feasible. If the buildings where the animals are housed are located within 300 feet of a dwelling, the buildings shall be air conditioned and sound-proofed.
(3)
Animal wastes regularly shall be cleaned up and properly disposed.
(4)
A buffer yard/screen planting shall be maintained along all property lines abutting a residential use or district in accordance with the Township SALDO.
F.
Convenience store including fuel sales.
(1)
A site circulation plan shall be devised that separates those patrons awaiting fueling service from those patrons awaiting other services. The plan shall include the following information:
(2)
Parking shall not be permitted where it could result in conflicts between vehicles backing out of parking spaces and vehicles at the fueling bays.
(4)
Minimum width at the building setback line shall be 250 feet.
(5)
A buffer yard/screen planting of no less than 30 feet in depth shall be maintained along all property lines abutting a residential use.
(6)
The building, fueling areas and parking areas shall be set back a minimum of 100 feet from the lot line of any dwelling.
G.
Cottage business.
(1)
The cottage business must be conducted completely within the dwelling unit.
(2)
There shall be no exterior storage of materials, equipment, vehicles, or other supplies to be used in conjunction with the cottage business.
(3)
Not more than 35% of the habitable floor area of the dwelling unit, excluding attached accessory structures, shall be utilized for all cottage industries. Garages attached to the dwelling unit may be used for the cottage business.
(4)
Articles sold or offered for sale shall be limited to those produced on the premises, sold as part of a home party sales operation, or for a licensed distributorship conducted by the resident.
(5)
There shall be no exterior indications of the cottage business or variation of the residential character of the main building.
(6)
The cottage business shall not cause any external impact such as increased noise, excessive light, or offensive odor.
(7)
The cottage business is to be conducted only by members of the family residing in the dwelling unit, plus no more than two nonresident assistants or employees.
(8)
One nonanimated, nonilluminated flat sign having an area of not more than four square feet shall be permitted on each street front of the lot.
(9)
A cottage business, including studios or rooms for instruction, shall provide all necessary parking off-street.
(10)
Delivery and pick-up of materials or commodities to and from the premises by a commercial vehicle shall not exceed two trips per week and the deliveries shall not restrict traffic circulation.
H.
Day-care center.
(1)
Facility operators shall be responsible for meeting all state and federal licensing and registration requirement and shall provide proof of compliance.
(2)
Outdoor play area shall be provided for child day-care centers meeting the following requirements. Outdoor area is not required for adult centers.
(3)
Passenger "drop-off" and "pick-up" areas shall be provided on site.
I.
Funeral home.
(1)
Public sewer and public water shall be required.
(2)
A one-hundred-foot off-street stacking area for the formation of the funeral procession shall be provided on the site. No funeral procession will be allowed to form on public streets.
(3)
A funeral home shall only be allowed to include a crematorium if it is allowed in the subject zoning district.
J.
Groundwater or spring water withdrawal regulated by § 195-6.
(1)
The applicant shall provide a study by a professional hydrogeologist to the Township to estimate the effect of the withdrawal upon other uses of water in the Township.
(2)
The applicant shall provide a professional traffic study to the Township to project the impacts from any resulting truck traffic, and to analyze the ability of the road system to handle that truck traffic and the resulting impacts upon traffic safety and residents.
K.
L.
Retail store of more than 100,000 square feet in floor area.
(1)
The use shall have direct access to an arterial roadway as designated in the Township Comprehensive Plan.
(2)
The minimum lot size shall be 10 acres.
(3)
The minimum lot width shall be 500 feet.
(4)
Buffer yard requirements. A buffer yard of at least 50 feet wide shall be provided where the site adjoins a residential use or zone. A one-hundred-foot setback shall apply for tractor-trailer loading docks and tractor-trailer parking areas from the lot line of a dwelling.
(5)
A traffic study shall be required.
M.
Shopping centers.
(2)
Buffer yard requirements. A buffer yard of at least 50 feet wide shall be provided where the site adjoins a residential use or zone.
(a)
The buffer yard shall be naturally landscaped with screening in accordance with the Township SALDO.
(b)
The buffer yard shall not be used for building, parking, loading or storage purposes.
(c)
A one-hundred-foot setback shall apply for tractor-trailer loading docks and tractor-trailer parking areas from the lot line of a dwelling.
(3)
A shopping center shall be under unified management, which shall clearly establish centralized responsibility for the operation and maintenance of the center including all common areas.
(4)
The shopping center shall be designed in accordance with a unified architectural theme. Similar and complementary building dimensions, materials, and roof lines shall be designed for all proposed uses within the shopping center.
(6)
A traffic study shall be required.
N.
Tavern.
(1)
No tavern that will be open later than midnight shall be located within 300 feet of any residence or residentially zoned lands.
(2)
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties owing to hours of operation, light, and/or litter.
(3)
The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside of the building.
O.
Vehicle fueling station. The requirements listed under "Convenience stores including fuel sales" shall apply.
P.
Vehicle sales and/or vehicle repair garage.
[Amended 9-20-2016 by Ord. No. 272-09-2016]
(1)
Such use shall not be located within 30 feet of any residence of residentially zoned lands.
(2)
[4]All service and/or repair activities shall be conducted within a wholly enclosed building.
[4]
Editor’s Note: Former Subsection P(2), regarding the Highway Commercial Zone, was repealed 10-15-2019 by Ord. No. 278-08-2019. This ordinance also renumbered former Subsection P(3) through (11) as Subsection P(2) through (10), respectively.
(3)
All exterior vehicle storage areas shall be screened from view of any adjoining residential district or use, with a thirty-foot minimum width buffer yard.
(4)
Fuel sales shall only be allowed if the requirements for vehicle fueling stations are also met.
(5)
Any use involving the generation of waste grease and/or oil shall be required to install traps to collect these waste products. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by applicable state and/or federal regulations.
(6)
No outdoor stockpiling of used tires or outdoor storage of trash is permitted. Used tires shall be regularly disposed off the site. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
(7)
Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke.
(8)
Stored and/or repaired vehicles shall remain no longer than 60 days from the date of arrival.
(9)
The shredding or crushing of vehicles is prohibited. Junked or demolished vehicles shall be removed from the property within 30 days.
(10)
If more than five vehicles are offered for sale on the lot, the vehicles shall be parked on a stone or paved surface.
Q.
Vehicle washing facility.
(1)
All structures housing washing apparatus shall be set back at least 50 feet from any street right-of-way line and 25 feet from any property line.
(2)
Trash receptacles must be provided and routinely emptied to prevent the scattering of litter.
(3)
Stacking lanes shall accommodate a minimum of eight vehicles waiting to utilize the washing facility and shall be situated to prevent vehicles from queuing onto adjoining roadways.
(4)
Public water and sewer shall be required.
(5)
The applicant shall describe in writing any measures that will be used to recycle water from the facility, or to describe why it is not feasible.
S.
Conversion of an existing barn into a banquet hall.
[Added 9-20-2016 by Ord. No. 272-09-2016]
(1)
This use shall only be allowed if it is granted special exception approval by the Zoning Hearing Board and is located in the AP, RAC, or MU Districts. The Zoning Hearing Board shall have the authority to place reasonable conditions on the use, such as but not limited to limits on outdoor operations, limits on the direction and intensity of outdoor lighting, limits on noise, limits on maximum occupancy, minimum parking requirements, additional buffering requirements, limits on frequency of the use, and limits on hours of operation.
(2)
This use shall utilize an agricultural barn that existed prior to January 1, 2010. The floor area of the barn may be extended by 25% for the use.
(3)
The lot shall be maintained with a principal agricultural use and a minimum lot area of 10 acres.
(4)
The banquet hall shall not be open to customers or patrons for more than two days per week, and shall not be open to customers or patrons between 11:00 p.m. and 7:00 a.m.
(5)
Off-street parking spaces shall be provided at a minimum rate of one space for every three persons of capacity that is approved by the Zoning Hearing Board. Up to 50% of required parking may be maintained in compacted crushed stone.
(6)
The building used for the banquet hall shall be set back a minimum of 150 feet from any existing dwelling on another lot, unless the owner of that dwelling provides a written and notarized waiver of the setback.
(7)
Any new off-street parking for the use that is within 150 feet of a residential or undeveloped lot shall be separated from that lot by a continuous set of plantings of evergreen and deciduous trees of mixed species.
(8)
The use shall have only one sign that is readable from beyond the property lines, which shall have a maximum sign area of 10 square feet, which may have messaging on both sides, and which shall not be internally illuminated, and which shall have a maximum height of eight feet.
(9)
The use of the banquet hall shall be limited to organized events by groups, such as weddings, family reunions, business lunches, charitable fundraisers, business Christmas parties, and breakfasts by membership organizations. The use shall not be open for admission by the general public, other than persons who are part of an organized or preinvited group.
(10)
Amplified music and loudspeakers shall not be able to be heard beyond the property lines.
(11)
Must comply with the State Uniform Construction Code (UCC) requirements and the Agricultural Preservation Board regulations.
§ 195-22 Office uses.
A.
Veterinarian facilities and animal hospitals.
(1)
The primary use shall be the medical attention and professional care of small domestic animals, although larger animal care is permissible in the AP District.
(2)
Boarding of animals is allowed as an accessory use, provided that dogs shall not be routinely kept outdoors in locations where barking can be heard from dwellings. All boarding facilities shall be within a completely enclosed structure, unless the requirements are also met for a kennel.
(3)
The accumulation and storage of manure or other odor producing substances shall not be permitted.
(4)
Emergency entrances shall be located on a building wall facing away from adjoining residential uses or zoned property.
(5)
The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous wastes.
§ 195-23 Industrial uses.
A.
Grain or feed mills.
(1)
A minimum lot area of five acres is required.
(2)
The lot shall have direct access onto an arterial or collector roadway as shown in the Township Comprehensive Plan or a road having adequate structural and geometrical characteristics as determined by the Township Engineer to handle the anticipated future truck traffic.
(3)
All materials temporarily or permanently stored on the property shall be set back at least 100 feet from any street line.
(4)
All grain storage facilities, conveying apparatuses, drying chambers, and axial ventilation fans shall be set back at least 100 feet from all property lines, with the exception of those property lines contiguous to properties in an industrial zone.
B.
Industrial park.
(1)
Access.
(a)
Access shall be via an arterial or major collector road as identified in the Township Comprehensive Plan or a road having adequate structural and geometrical characteristics as determined by the Township Engineer to handle the anticipated future truck traffic.
(b)
Where a suitable alternative exists, the applicant is requested to provide a written commitment that they will direct tractor-trailer truck traffic to and from the industrial uses to use roads through business areas instead of roads through residential areas in North Codorus Township.
(c)
Traffic entrances and exits shall be located 300 feet from residential uses to minimize truck traffic noise and vibration.
(d)
All internal streets shall meet Township specifications and shall remain private unless accepted for dedication by the Board of Supervisors.
(2)
A traffic impact study shall be required.
(3)
Minimum tract area: 15 acres.
(4)
Minimum lot width: 200 feet.
(5)
Individual lots within the park shall have minimum setbacks as required for other uses in the I Zone.
(6)
Appearance. To the extent possible, the appearance should be harmonious with adjoining properties. These features include, but are not limited to: landscaping, enclosure of principal and accessory uses, heights, signage, structural density and architecture.
(7)
Public sewage facilities shall be required, unless the applicant proves that the use will not generate wastewater from manufacturing or processing operations.
(8)
Areas held in common ownership.
(a)
If any of the buffer areas, open spaces, street or parking areas are held in common ownership for the development, the developer or owner must submit a detailed statement including covenants, agreements or specific documents showing the ownership and method of maintenance, financial responsibility and utilization of the common areas within the development.
(b)
The Township Solicitor shall review such documents to determine whether they adequately provide for the creation and maintenance of common areas.
(c)
Such documents shall provide that any alteration or amendment to the agreements shall not be accomplished without the express review and consent of the Township.
C.
Junkyard.
(1)
Minimum lot area: five acres.
(2)
The junkyard facility shall meet all requirements as set forth in the North Codorus Township Code, Chapter 116, Junkyards and Junk Dealers (as amended).
(3)
The facility shall maintain driveways with a clear minimum width of 20 feet that are suitable for use by emergency vehicles. The entire facility shall be surrounded by secure fencing with a minimum height of six feet and a twenty-foot-wide buffer yard with plant screening meeting the requirements of the SALDO.[1]
(4)
All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.
(5)
Any storage of junk shall be maintained a minimum distance of 100 feet from the centerline of any waterway, and shall be kept out of a drainage swale.
D.
Mineral extraction.
(1)
The facility shall meet all state and federal regulations regarding the mining plan and operational requirements.
(2)
Setbacks from residential districts.
(a)
No stockpiles, waste piles, processing or manufacturing equipment shall be located closer than 500 feet from a residential district.
(b)
No part of the quarrying pit, private access road, truck parking area, scales, or operational equipment may be closer than 500 feet from the lot line of a dwelling or residential district, whichever is more restrictive.
(3)
Street setbacks. From the right-of-way line of a public street, no part of the mineral recovery pit, stockpiles, waste piles, processing or manufacturing equipment, scales, or operational equipment may be closer than 100 feet.
(4)
Property line setbacks.
(a)
No part of the quarrying pit, stockpiles, waste piles, processing or manufacturing equipment may be closer than 200 feet from any lot line.
(b)
No private access road, truck parking area, scales, or operational equipment may be closer than 100 feet from any lot line.
(c)
Where a quarry property abuts another quarry property or an operating railroad's right-of-way property, no part of the quarrying operation except an access road may be closer than 50 feet.
(5)
Access drive. The access drive to the facility shall be paved within at least 200 feet from the street line.
(6)
Mineral extraction operations shall have direct access to an arterial roadway as identified in the North Codorus Comprehensive Plan.
(7)
Restoration or reclamation requirements.
(a)
A copy of the proposed land restoration plan shall be submitted to the Township as part of the zoning application.
[1]
Removal of plant and equipment. Within two years after termination of operations, all plant and equipment must be removed, except where the plant and equipment is still used for processing earth material from other properties. If substantially covered, foundations and piers may be left in the ground.
[2]
Reporting of operational and restoration information. In order to keep the Zoning Officer abreast of impending termination of mineral recovery operations and plans for restoration as well as operational activities which he/she has a duty to check, each mineral recovery owner or operator must submit to the Zoning Officer, annually in the month of October, the following information:
[b]
Location map, at a scale of one inch equals 100 feet, or such other scale acceptable to the Township, showing:
[i]
All land owned or under option, contract or lease.
[ii]
Lot or land quarried.
[iii]
As practical, contours at twenty-foot intervals extending beyond the site to the nearest public street or highway.
[iv]
Private access roads and abutting streets and highways.
[v]
Existing structures.
[vi]
Existing stockpiles and waste piles.
[vii]
Title, scale, North point, and date.
[viii]
Fencing and screen planting. If fencing is vegetation, give details of size and type.
E.
Self-storage development.
(1)
Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is on both sides of the aisle, and at least 10 feet wide where access is only provided to buildings on one side of the aisle.
(2)
If a manager/business office is established on the site, at least four parking spaces must be provided adjacent to the office.
(3)
The servicing or repair of stored equipment shall not be conducted on the premises. Also, no business activities, other than rental of storage units, shall be conducted on the premises.
(4)
The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals is prohibited.
(5)
If a parking area is to be provided for the outdoor storage of recreational vehicles, such parking shall be in addition to any required parking.
(6)
All access drives, parking and loading areas must be paved or covered with crushed stone so as to render such areas dust-free and passable in all weather conditions.
F.
Permanently sited lumber and saw mills.
(1)
A minimum lot area of 10 acres is required.
(2)
All machinery shall be located at least 200 feet from any adjacent property line.
(3)
An erosion and sedimentation control plan and/or logging plan shall be submitted to the York County Conservation District for its review.
(4)
The lot shall have direct access onto an arterial or collector roadway as shown in the Township Comprehensive Plan or a road having adequate structural and geometrical characteristics as determined by the Township Zoning Officer to handle the anticipated future truck traffic.
(5)
All materials temporarily or permanently stored on the property shall be set back at least 100 feet from any street line.
G.
Recycled center, collection and bulk processing.
(1)
This use shall not include vehicle crushing or shredding.
(2)
Any outdoor operations or storage of materials used or generated by the operation shall be screened from view from public roads and dwellings by buildings and landscaping.
(3)
The applicant shall explain the scope of operation and any measures used to mitigate problems associated with noise, fumes, dust and litter.
(4)
The applicant will assure regular maintenance and the immediate collection of stray debris.
(5)
The lot shall have direct access onto an arterial or major collector roadway as shown in the Township Comprehensive Plan or a road having adequate structural and geometrical characteristics as determined by the Township Engineer to handle the anticipated future truck traffic.
(6)
The facility shall not be located within 200 feet of any residential use or district.
(7)
The storage of any item containing hazardous materials shall only occur on an impervious surface that does not allow seepage into the ground.
H.
Solid waste landfill, solid waste transfer facility, or solid waste to energy plant.
(1)
Such facility shall be established and operated in accordance with the applicable requirements of all regulating bodies such as the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency.
(2)
A minimum lot area of 25 acres is required.
(3)
All solid waste storage, disposal, processing or incineration areas shall be setback a minimum of 200 feet from a street right-of-way or property line and a minimum of 500 feet from the lot line of a dwelling.
(4)
The lot shall have direct access to an arterial roadway as shown in the Township Comprehensive Plan or a road having adequate structural and geometrical characteristics as determined by the Township Engineer to handle the anticipated future truck traffic.
(5)
It shall be demonstrated that the use, because of its location and proposed method of operation, will not have an adverse effect upon any surrounding residential properties.
(6)
Such facility is part of a solid waste plan approved by the York County Planning Commission.
(7)
Fencing, screening, and buffering shall be provided as determined by the Zoning Hearing Board.
I.
Temporarily sited portable saw mill operations.
(1)
The portable operations shall not be operational on a parcel for longer than three months.
(2)
An erosion and sedimentation control plan and/or logging plan shall be submitted to the York County Conservation District for its review.
(3)
All logs shall be processed from the parcel on which the portable saw mill is operating. No logs shall be processed from off-site parcels.
(4)
A temporary use permit shall be required prior to the beginning of operations and shall indicate the termination date of said operation.
J.
Truck terminals.
(1)
The terminal shall have direct access to an arterial roadway identified in the Township Comprehensive Plan or a road having adequate structural and geometrical characteristics as determined by the Township Engineer to handle the anticipated future truck traffic.
(2)
Loading docks and truck maneuvering areas and terminals must be set back the following minimum distances from residential use property lines or from property lines of properties located in districts other than industrial and commercial districts:
(3)
A traffic impact study shall be required.
K.
Gas or oil well as a principal or accessory use.
(2)
A minimum setback of 300 feet shall be required from a gas or oil well pad from any existing building on another lot. A minimum setback of 500 feet shall apply from a gas well head, gas storage tank or waste impoundment from any building on another lot. See other setbacks in the State Oil and Gas Act.[3] A minimum setback of 50 feet shall be required from a gas or oil well, any accompanying storage tank and all related above-ground equipment to any street right-of-way or any lot line.
[3]
Editor's Note: See 58 Pa.C.S.A. § 3201 et seq.
(3)
A row of primarily evergreen trees shall be provided between any gas or oil well and any existing dwelling on an adjacent lot.
(4)
A minimum four-foot-high security fence or architectural masonry wall shall be provided around a gas or oil well.
(5)
If any gas or oil well or related mechanical equipment will be within 500 feet from an existing dwelling on another lot: 1) sound walls, acoustical blankets or similar measures shall be used to control noise, and 2) movement of trucks onto and off of the property shall not occur between the hours of 9:00 p.m. and 7:00 a.m., except for emergency measures.
(6)
A zoning permit shall be required for a gas or oil well. Prior to receiving a zoning permit, the applicant shall also provide written notification to all adjacent landowners of record.
L.
Natural gas compressor station and other facilities necessary for natural gas extraction, other than a gas or oil well (and its accessory uses) and other than pipelines.
M.
Principal solar energy systems (PSES).
(1)
Regulations applicable to all principal solar energy systems.
(a)
PSES must adhere to performance standards of this chapter. The lessee or operator of the PSES and any owner of the real property upon which the solar energy system shall be erected shall be responsible for compliance with this chapter.
(b)
PSES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this chapter. Any physical modification to an existing PSES, whether or not existing prior to the effective date of this Section that materially alters the PSES, shall require approval under this chapter. Routine maintenance or like-kind replacements do not require a permit.
(c)
No person shall install or construct a PSES without first obtaining approval pursuant to the plan review procedures of Chapter 165 (Subdivision and Land Development) of the Code.
(d)
The PSES layout, design and installation shall conform to good industry practice. "Good industry practice" shall mean the practices, methods, standards, and acts (engaged in or approved by a significant portion of the solar power industry for similar facilities in similar geographic areas that are similar in size and complexity) as the same may change from time to time, that, at a particular time, in the exercise of reasonable professional judgment in light of the facts known at the time a decision was made, would have been expected to accomplish the desired result in a manner consistent with applicable law, regulation, codes, good business practices, reliability, safety, environmental protection, economy, expedition, and shall comply with the PA Uniform Construction Code and with all other applicable fire and life safety requirements.
(e)
The application shall include a construction transportation plan that shows all roadways that will be utilized to access the site and provides for video survey of the construction routes before and after construction, which shall be forwarded to the Township for review. The applicant shall be responsible for repair or restoration of any damages to the construction transportation route.
(f)
Upon completion of installation, the PSES shall be maintained in good working order in accordance with standards of the Township codes under which the PSES was constructed. Failure of the property owner to maintain the PSES in good working order is grounds for appropriate enforcement action by the Township in accordance with applicable ordinances. The Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(g)
PSES installers must certify they meet or exceed one of the following requirements:
[1]
Is certified by the North American Board of Certified Energy Practitioners (NABCEP) or is listed as a large commercial installer in the then-current version of the Pennsylvania Solar Center's Qualified Solar Developer Directory.
[2]
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
[3]
PSES installers of projects rated at five MW or greater must demonstrate that they have installed at least two utility-scale solar projects in the last three years.
(h)
All on-site AC transmission and plumbing lines shall be placed underground to the greatest extent feasible. DC transmission and plumbing lines may be attached flush to the solar array racking systems.
(i)
Any off-site transmission lines must be placed within legal right-of-way and proof of the right-of-way shall be provided to the Township prior to land development plan approval. Privately owned off-site transmission lines proposed to be in a public street right-of-way shall require Township approval and a right-of-way agreement with provisions indemnifying the Township from all liability related to the transmission lines.
(j)
The owner of an PSES shall provide the Township written confirmation that the public utility company to which the PSES will be connected and has been informed of the customer's intent to install a grid connected system and approval of such connection. Off-grid systems shall be exempt from this requirement.
(k)
The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.
(l)
All PSES shall comply with the illumination provisions located at § 195-37 of the Township's Zoning Ordinance.
[1]
Solar arrays shall be located to minimize glare on adjacent properties or streets.
[2]
The Township may require a glare study to be completed and submitted with the final land development plan and then again six months after operation of the PSES.
[3]
The Township may require reasonable corrective actions after installation of the PSES to eliminate glare to adjacent residences or streets which causes a risk to public health or safety.
(m)
A baseline noise study will be performed and submitted to the Township during the land development phase, and another noise study will be performed and submitted to the Township within six months after commencement of operations. The noise study will be performed by an independent noise study expert approved by the Township and paid for by the applicant. Noise from a PSES, as measured at the property lines, shall not exceed 45dBA or otherwise creates excessive noise which constitutes a nuisance as determined by the Township. The applicant will install mitigation measures acceptable to the Township to mitigate any noise exceedance identified by the study.
(n)
No trees or other landscaping otherwise required by municipal ordinance or attached as a condition of approval of any prior plan, application, or permit may be removed for the installation or operation of a PSES without approval of the Board of Supervisors.
(o)
The PSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Township and also post the same at the entrances to the PSES. The PSES owner and/or operator shall respond to the public's inquiries and complaints within 72 hours of receipt of a complaint.
(p)
An emergency response plan shall be included with the land development plan application, which shall be reviewed and approved by the local fire and emergency services departments.
(q)
Decommissioning requirements.
[1]
The PSES owner shall provide an annual report by January 31 of each year showing the energy generated of the PSES for the preceding calendar year.
[2]
If a PSES remains nonfunctional or inoperative for a continuous period of six months, the facility shall be deemed to be abandoned and shall constitute a public nuisance, unless the facility owner demonstrates a good-faith intent to sell the facility. Within six months of abandonment, the facility owner shall remove the system, after a demolition permit has been obtained, in accordance with the following:
[3]
After a PSES has been determined to be abandoned or has been terminated by the property owner, the property owner must still secure the property pursuant to the applicable provisions of this chapter until the PSES is completely decommissioned or returned to another allowed use.
[4]
When the equipment comprising the PSES is removed, any disturbed earth as a result of the removal of the equipment shall be restored, graded and re-seeded or immediately returned to another allowed use.
[5]
The facility owner shall submit an estimate for the total cost of decommissioning without regard to salvage value of the equipment (gross decommissioning cost), and also an estimate of the cost of decommissioning net of the salvage value of the equipment (net decommissioning cost) to the Township for review and approval prior to obtaining a building permit for the PSES and the estimate shall then be updated and approved by the Township prior to occupancy of the PSES and every fifth year thereafter. The facility owner shall post and maintain financial security in the amount 110% of the net decommissioning costs; provided that at no point shall the financial security be less than 50% of the gross decommissioning costs. The financial security shall be in the form of a bank-issued letter of credit or cash escrow or other form of financial security approved by the Board. Cash escrow funds shall be held in an interest-bearing escrow account for the benefit of the facility owner. This financial security must be updated to the present value every five years.
[6]
If the facility owner fails to complete decommissioning within the required time period, then the landowner shall within six months complete decommissioning. The Township may draw on the financial security to reimburse the landowner or directly pay the decommissioning contractor for decommissioning costs upon the request of the landowner and submission of proof of costs in a form satisfactory to the Township.
[7]
If neither the facility owner nor the landowner complete decommissioning within the required periods, then the Township may take such measures as necessary to complete decommissioning. To the extent the Township incurs costs to rightfully perform any act in furtherance of decommissioning, it may draw on the financial security to pay for all costs and expenses. If the decommissioning costs and expenses are greater than the financial security, then the Township may charge the landowner and/or facility owner for the excess costs and expenses, including reasonable attorneys' fees for collection, and such amounts shall be a special assessment against the property and shall constitute a municipal lien on the property for the amount of the assessment plus an additional penalty of 10% of the assessment.
[8]
Upon completion of decommissioning to the satisfaction of the Township, any remaining financial security shall be released to the facility owner.
(r)
Permit requirements.
[1]
PSES shall comply with the Township subdivision and land development requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations. The PSES shall require a land use permit and building permit prior to any construction and an occupancy permit prior to any solar energy production.
[2]
The PSES owner and/or operator shall repair, maintain and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition. Any changes to the configuration of the solar equipment, fencing or screening that involves greater than 10% of the PSES site shall require submission of a revised land development plan for review and approval by the Township.
(2)
Regulations applicable to all ground-mounted PSES:
(a)
The PSES shall meet the lot size requirements of the applicable zoning district.
(b)
A PSES shall be designed to use primarily low-growing vegetative surfaces incorporating pollinator-friendly and native species when possible under the solar arrays as a best management practice for stormwater management and shall be configured to minimize disturbance of prime agricultural soils. The PSES shall meet all requirements of Chapter 158 (Stormwater Management) of the Code and any applicable Pennsylvania Department of Environmental Protection regulations for or guidance for stormwater management, including the FAQs for Chapter 102 Permitting for Solar Farms or successor guidelines and best management practices for solar farms.
(c)
PSES shall comply with the building setbacks of the applicable zoning district. Fences and screening for a PSES may be within the applicable setback but must be at least 25 feet from any adjacent property line or street right-of-way line. Ground-mounted solar energy units and any accessory structures or buildings may not be within setbacks.
(d)
Ground mounted PSES solar modules shall comply with the building height restrictions for principal buildings of the applicable zoning district.
(e)
The following components of a PSES shall be considered impervious coverage and shall be included as part of the impervious coverage limitations for the underlying zoning district:
[1]
Foundation systems for PSES, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
[2]
Any impervious foundations installed for accessory mechanical equipment of the PSES, including any foundation structure to hold batteries or storage cells.
[3]
Gravel or paved access roads and parking areas servicing the PSES.
(f)
The total surface area of the impervious coverage on the property shall not exceed more than 15% of the lot area.
(g)
No grass or weeds shall be permitted at any time to exceed 12 inches in length or height from the surfaces under or surrounding the PSES. Any noxious weeds, as listed on Pennsylvania's Noxious Weed Control List (as amended), shall be immediately eradicated and removed.
[1]
A violation of this provision also constitutes as a violation of Chapter 184 of the Code and the Township has the power to enforce this provision as outlined in §§ 184-5 and 184-6 of the Code. Additionally, the Township may perform the eradication and removal services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(h)
Screening.
[1]
Where appropriate, ground mounted PSES shall be reasonably screened from public roadways and any residential district or residential use. The screen may consist of fencing and/or planted materials which shall be installed between the PSES perimeter fence and the adjacent road right-of-way line prior to commencement of any operations. Planted screening materials shall consist of evergreen trees or shrubbery with a height within three years after planting of at least eight feet. The Board of Supervisors may require additional screening based on site specific topographic conditions. Landscape details showing fencing and screening shall be submitted as part of land development plans.
(i)
Ground mounted PSES shall not be placed within any legal easement or right-of-way location unless agreed to by the easement or right-of-way holder.
(j)
Security.
[1]
All ground mounted PSES shall be completely enclosed by fencing that consists of a minimum six-foot-high fence with a locking gate. Gates shall be placed in locations allowing adequate space for vehicles to pull off any adjacent roadway to unlock the gate for access.
[2]
A clearly visible warning sign shall be placed at the base of all pad-mounted inverters, transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.
(k)
No advertising signage shall be allowed. All other signage shall comply with the prevailing sign regulations.
(l)
Access drives and internal service roads are required to allow for maintenance and emergency management vehicles. The minimum cartway width shall be no less than 25 feet for both access road and internal service roads. The applicant shall provide one off-street parking space per 25 acres of developed PSES land up to a maximum of five spaces. All access drives and internal service roads must conform to the applicable standards set forth in the Township's Subdivision and Land Development Ordinance.[4]
(m)
If ground mounted solar equipment is removed, any earth disturbance as a result of the removal of the ground mounted solar equipment must be returned to an environmentally stable condition.
(n)
The continuation of any agricultural or residential use, to include, but not be limited to, grazing to control vegetation or other agricultural or ecological practices to make beneficial use of the land underneath the solar energy units or any land not dedicated to the PSES, will be permitted as customarily incidental to and compatible with the PSES use, and shall not be considered a second principal use.
(3)
Regulations applicable to all roof and wall-mounted PSES.
(a)
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 roofs or walls of any building shall be subject to the maximum height regulations specified for buildings within the applicable zoning district.
(c)
A roof-mounted or wall-mounted PSES may be located on a principal or accessory building.
(d)
Wall-mounted PSES shall comply with the building setbacks in the applicable zoning districts.
(e)
Solar modules shall not extend beyond any portion of the roof edge.
§ 195-24 Public/utility uses.
A.
Communications towers, communications antennas and communications equipment buildings.
(1)
The following regulations shall apply to communications antennas that are not part of a communications tower, and communications equipment buildings:
(a)
Building-mounted communications antennas shall not be located on any residential building, except for antennas needed to receive signals for those residents.
(b)
Building-mounted communications antennas shall be permitted to exceed the height limitations in the applicable zoning district by no more than 20 feet. Such antenna may also extend a maximum of 20 feet above a water tank or farm silo, a maximum of 30 feet above an electric transmission tower, or be incorporated into a steeple of a place of worship.
(c)
Building-mounted communications antennas and supporting electrical and mechanical equipment should be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. In residential built-up areas, a plan shall be submitted demonstrating the method to be utilized to visually conceal said structures.
(d)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit the following information:
[1]
As a condition of zoning approval, the applicant will need to provide evidence of compliance with any applicable Construction Code requirements, when a construction permit is requested in the future.
[2]
As part of the future construction permit process, information will need to be provided regarding how the antennas will be mounted on the structure.
(e)
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(f)
Communications antennas shall not cause radio frequency interference with other communications facilities located in York County.
(g)
A communications equipment building shall be subject to the height and setback requirements of the applicable district for an accessory structure.
(h)
The owner or operator of the communications antenna shall be licensed by the Federal Communications Commission as applicable to operate such antennas.
(2)
The following requirements shall apply to communications towers:
(a)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antenna.
(b)
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(c)
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
(d)
It is the intent of this chapter that communications antennas be co-located on existing communications towers. Therefore, any applicant proposing construction of a new communications tower shall demonstrate that a good-faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or other communications tower. A good-faith effort shall require that all owners of potentially suitable structures within a three-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
[1]
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
[3]
Such existing structure does not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
[4]
Additions of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
[5]
A commercially reasonable agreement could not be reached with the owners of the structure.
(e)
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
(f)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
(g)
A site plan shall be submitted to the Zoning Officer. For properties involving a lease of land area, a subdivision plan may also be required.
(h)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(i)
In all zoning districts, except the I District, the maximum height of any communications tower shall be 150 feet; provided, however, that such heights may be increased to no more than 200 feet, provided the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet. In the I District, the maximum height of any communications tower shall be 180 feet.
(j)
The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any residential district at least 100 feet and shall be set back from any other property line at least 50 feet.
(k)
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
(l)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standard of the Federal Aviation Administration, be painted a neutral color so as to reduce visual obtrusiveness.
(m)
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
(n)
The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current "Structural Standards for Steel Antenna Towers and Antenna Support Structures", published by the Electrical Industrial Association/Telecommunications Industry Association.
(o)
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
(p)
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
(q)
The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.
(r)
(Reserved)
(s)
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period. A bond in the amount of the total construction cost, but not less than $75,000, shall be posted to secure the tower's removal in case of nonuse for 12 months as aforesaid, and shall be continued in force for so long as the tower remains in place.
(t)
One off-street parking space shall be provided within the fenced area.
(u)
No structure shall exist in the fall zone of the tower which is equal to the height of the tower, except structures accessory to the tower and communications equipment buildings interrelated with the tower.
(v)
Communications towers in the AP and RAC Districts should be located in woodland tracts to provide adequate screening of the structures to adjacent land uses, and monopole construction is mandated to lessen the footprint area disturbed by installations.
(w)
Communications towers should not be equipped with bright flashing lights unless such lights are required by the FAA or otherwise needed for public safety.
(x)
On each subdivision and land development plan proposing a new tower, there shall be placed a note stating that neither the owner of the land nor the operator of the communications tower will prohibit or cause to prohibit the collocation of additional antennas for additional carriers on the tower.
(y)
Location and soil characteristics.
[1]
Communications towers in the AP and RAC Districts shall be located upon land that is either:
[a]
Not comprised of agricultural capability Class I or II soils, as classified by the Natural Resource Conservation Service (formerly SCS).
[b]
Cannot feasibly be farmed based on one of the following circumstances:
[c]
Where a location specified above is not feasible, permits shall be issued to enable towers to be located on lands containing higher soils. However, in all cases such towers shall be located on the least agriculturally productive land feasible, so as to minimize interference with agricultural production.
B.
Township governmental uses and other governmental facilities.
(2)
New outside storage of materials shall be prohibited within residential zones. Outdoor storage of materials in other areas shall be completely enclosed within a six-foot-high fence and screened from adjoining streets and properties.
(3)
New overnight outdoor storage of maintenance vehicles shall not occur adjacent to a dwelling if visible from that dwelling, except that such outdoor storage shall be permitted if located in an HC or I District.
C.
Public utilities, not including communications towers and associated antennas and equipment buildings which are addressed in § 195-24A.
(1)
The following shall apply to utilities located within a residential zone:
(2)
The storage of maintenance vehicles and related apparatuses shall be within wholly enclosed buildings unless located in a HC or I District, in which case outdoor storage would be permitted.
(3)
The following shall apply to utilities located in any zone:
(a)
No specified lot size shall apply; however, each lot shall provide front, side, and rear yard setbacks and comply with the maximum lot coverage requirements when prescribed in the underlying zone.
(b)
The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.
(c)
All site improvements shall be screened from all adjoining residentially zoned properties.
§ 195-25 Transportation uses.
A.
Airport and/or landing strip or heliports.
(1)
A minimum lot area of 50 acres is required, except 10 acres is required for a heliport.
(2)
No portion of the area designated or utilized for fixed-wing aircraft take-off or landing shall be within 2,500 feet of any residential district, including those within adjacent municipalities, nor within 300 feet of any property line. Helipads shall be setback a minimum of 300 feet from any lot line of a dwelling.
(3)
All federal and state operational and safety requirements shall be met.
(4)
The proposed use shall not adversely affect adjoining land uses, the safety of nearby residents or employees, or the future growth and development of the Township.
§ 195-26 Accessory uses.
A.
Home-based business.
(1)
A home-based business is an accessory use that is clearly secondary to the residential use of a property and shall meet all of the following additional requirements:
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses;
(b)
The business shall employ no more than one employee who does not reside within 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, except that a home-based business may include one sign with a maximum sign area of two square feet on each of two sides. Such sign shall not be internally illuminated and shall have a maximum height of six feet;
(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 disposal, in volume or type, which is not normally associated with residential use in the neighborhood, other than cardboard and similar recyclable materials;
(g)
The business activity shall be conducted only within the dwelling unit and/or one accessory building and may not occupy an equal greater than 25% of the habitable floor area of the dwelling; and
(h)
The business shall not involve any illegal activity.
B.
Private swimming pools.
(1)
A private swimming pool may only be erected in a rear or side yard in any district in which it is permitted, provided that it is at least 10 feet from any rear or side property line. A private swimming pool shall be allowed as an accessory use in any zoning district.
(2)
Pools, whether they are enclosed, indoor or covered, must meet all setback requirements of the underlying district.
(3)
Outdoor lighting of the pool area shall be shielded and not reflect toward adjacent residential properties.
(4)
Provisions shall be made for drainage of the pool and backwash water disposal. Water shall not be emptied onto public roads, waterways, public sewer systems or adjoining land belonging to others.
[Amended 10-15-2019 by Ord. No. 278-08-2019]
(5)
In-ground pools shall meet the following fencing requirements:
(a)
The pools shall be enclosed with a fence having a height of between four and six feet. See the requirements of the Construction Code.
(b)
The fence may be chain link, solid vinyl, aluminum, or wood, picket (with spacing no greater than four inches), or other suitable durable material.
[Amended 10-15-2019 by Ord. No. 278-08-2019]
(c)
The fence shall be equipped with a gate, which shall be self-closing and self-latching and equipped with a locking device to permit the pool to be locked when the pool is not in use.
(7)
See also any applicable requirements in the Construction Code for pumps, filters and other improvements.
C.
Wind turbine, maximum of one per lot.
(1)
All wind turbines shall be set back from each lot line a minimum distance equal to the total maximum height to the top of the extended blade, unless a written waiver is provided by the owner of such adjacent lot. Such waiver shall be automatically binding upon any future owner of the lot. All wind turbine setbacks shall be measured from the center of the base of the turbine.
(2)
The audible sound from the wind turbine shall not exceed 50 A-weighted decibels, as measured at the exterior of a occupied principal building on another lot, unless a written waiver is provided by the owner of such building.
(3)
The owner of the facility shall completely remove all above ground structures within 12 months after the windmill is no longer used to generate electricity.
(4)
A wind turbine shall not be climbable for at least the first 12 feet above the ground level, unless it is surrounded by a fence with a lockable gate with a minimum height of six feet.
(5)
All wind turbines shall be set back from the nearest public street right-of-way a minimum distance equal to the total maximum height to the top of the extended blade.
(6)
If guy wires are used, and they are not within a fence, they shall be marked near their base with reflectors, reflective tape or similar method.
(7)
The turbine shall include automatic devices to address high speed winds, such as mechanical brakes and overspeed controls.
(8)
In an R-1, R-2 or R-3 District, the maximum total height above the ground level to the tip of the extended blade shall be 90 feet. In any other district, the maximum height for a wind turbine approved under this section shall be 150 feet.
(9)
New electrical wiring to the wind turbine shall be placed underground, to the maximum extent feasible.
(10)
Contiguous property owners may construct one wind turbine for use in common, provided that the required setbacks are maintained from the lot lines of nonparticipating landowners.
D.
Outdoor boilers.
(1)
The use of the boiler shall comply with all applicable PA DEP requirements.
(2)
The boiler shall only be used to burn wood pellets made from clean wood or clean wood that has not been painted or treated with hazardous substances.
(3)
The outdoor boiler shall be setback a minimum of 150 feet from any lot line or street right-of-way line.
(4)
Any outdoor boiler placed into service after the enactment of this chapter shall be a Phase 2 Outdoor Wood-fired Boiler meeting such certifications established by the United States Environmental Protection Agency.
(5)
Any outdoor boiler placed into service after the enactment of this chapter shall have a permanent attached stack with a minimum stack height of 10 feet above the ground.
E.
Accessory solar energy systems (ASES).
(1)
All ASES must adhere to the following performance standards:
(a)
ASES with a kilowatt per hour (kWh) electricity production of 12 kWh or less are exempt from this chapter but will require a building permit and must comply with all applicable provisions of the Uniform Construction Code. Building permits submitted for ASES to be exempt hereunder shall include a certification of the kWh electricity production expected from the ASES.
(b)
ASES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this chapter. Any physical modification to an existing ASES, whether or not existing prior to the effective date of this section must adhere to the provisions in Section 403.42 of the Uniform Construction Code concerning permit requirements and exemptions.
(c)
Upon installation, the ASES shall be maintained in good working order in accordance with standards of the Township codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement action by the Township. The Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(d)
All ASES shall comply with the illumination provisions located at § 195-37 of the Township's Zoning Ordinance.
[1]
Solar panels shall be located to minimize glare on adjacent properties or streets.
[2]
The Township may require a glare study to be completed and submitted with the final land development plan and then again six months after operation of the ASES.
[3]
The Township may require reasonable corrective actions after installation of the ASES to eliminate glare to adjacent residences or streets which causes a risk to public health or safety.
(e)
All on-site transmission and plumbing lines shall be attached flush to the solar array racking system or placed underground to the extent feasible. Any off-site transmission lines must be placed within legal right-of-way and proof of the right-of-way shall be provided to the Township prior to land development plan approval. Privately owned off-site transmission lines proposed to be in a public street right-of-way shall require Township approval and a right-of-way agreement with provisions indemnifying the Township from all liability related to the transmission lines.
(f)
The ASES must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES to conform or to remove the ASES.
(g)
Each ASES and all other solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by system owner and/or operator, or upon termination of the useful life of same.
(h)
The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by ASES for a period of six continuous months.
(2)
Regulations applicable to all ground-mounted ASES.
(a)
ASES installers must be registered home improvement contractor with the Pennsylvania Attorney General's office and meet or exceed one of the following requirements:
[1]
Is certified by the North American Board of Certified Energy Practitioners (NABCEP).
[2]
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
[3]
Is listed in the then-current version of the Pennsylvania Solar Center's Qualified Solar Developer Directory or the Mid-Atlantic Renewable Energy Association Directory of Pennsylvania Solar Electric Installers.
(b)
The owner of a ground mounted ASES shall provide the Township written confirmation that the public utility company to which the ASES will be connected and has been informed of the customer's intent to install a grid connected system and approval of such connection. Off-grid systems shall be exempt from this requirement.
(c)
The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.
(e)
Freestanding ground mounted ASES solar arrays and solar modules shall not exceed 15 feet in height.
(f)
The following components of an ASES shall be considered impervious coverage and shall be included as part of the impervious coverage limitations for the underlying zoning district:
[1]
Foundation systems for ASES, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
[2]
Any impervious foundations installed for accessory mechanical equipment of the ASES, including any foundation structure to hold batteries or storage cells.
[3]
Gravel or paved access roads and parking areas servicing the ASES.
(g)
The applicant shall demonstrate compliance with the North Codorus Township Stormwater Management Ordinance.[1] ASES owners are encouraged to use low-maintenance and/or low-growing vegetative surfaces under the system as a best management practice for stormwater management.
(h)
No grass or weeds shall be permitted at any time to exceed 12 inches in length or height from the surfaces under or surrounding the ASES. Any noxious weeds, as listed on Pennsylvania's Noxious Weed Control List (as amended), shall be immediately eradicated and removed.
[1]
A violation of this provision also constitutes as a violation of Chapter 184 of the Code and the Township has the power to enforce this provision as outlined in §§ 184-5 and 184-6 of the Code. Additionally, the Township may perform the eradication and removal services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(i)
Appropriate safety/warning signage concerning voltage shall be placed at ground mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.
(j)
Ground mounted ASES shall not be placed within any legal easement or right-of-way location.
(k)
If a ground mounted ASES is removed, any earth disturbance as a result of the removal of the ground mounted solar energy system shall be returned to an environmentally stable condition. All development, including, but not limited to, panels, fencing, roadways and placement of aggregate, shall be removed unless other arrangements have been agreed to in writing.
(l)
Zoning/building permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the ASES is constructed.
(m)
The zoning/building permit shall be revoked if the ASES, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this chapter.
(3)
Regulations applicable to all roof-mounted and wall-mounted ASES.
(a)
A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.
(b)
ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for buildings within each of the applicable zoning districts.
(c)
Wall-mounted ASES shall comply with the building setbacks in the applicable zoning districts.
(d)
Solar modules shall not extend beyond any portion of the roof edge.
(e)
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.