Five hundred linear feet of the lot line of any library, public park, existing dwelling, or any site marked as a proposed future park location on any Township Official Map; nor

One thousand linear feet of the lot line of any primary or secondary school, place of worship, day-care center or child nursery.

Thirty feet from the lot line of an abutting dwelling or any undeveloped residentially zoned lot;

Twenty feet from the future right-of-way of any public street; and

Ten feet from the cartway of an internal driveway or any other lot line.

A freestanding commercial communications antenna/tower with a height greater than 50 feet above the natural ground level shall not be located in a residential district.

The base of a freestanding antenna/tower shall be surrounded by a secure fence with a minimum height of eight feet.

Any freestanding tower/antenna that is higher than 50 feet and is within 100 feet of a public street or dwelling shall be surrounded (except at the driveway crossing) by evergreen screening or preserved existing trees meeting the requirements of § 440-79D.

A communications tower, communications antenna or communications equipment building used for emergency communications by a police department, fire company or emergency medical organization is not regulated by this chapter.

For any antenna/tower, the antenna/tower design must be a monopole and shall be painted and or constructed to blend with the surrounding environment.

Prior to construction or installation of a communications tower/antenna or communications equipment building, the applicant must provide evidence that the applicant is licensed by the Federal Communications Commission to operate the communications tower and/or antenna.

Prior to construction of a new communications tower, the applicant must demonstrate that the height of the communications tower is the minimum height necessary for the tower to perform its intended function.

Prior to construction of a new communications tower, the applicant must provide evidence of efforts on behalf of the applicant to mount the proposed communications antenna on an existing building or structure, or to co-locate the proposed antenna on an existing communications tower. The evidence required under this section shall include all owners of potentially suitable structures, buildings, and/or towers, within a two mile radius of the proposed communications towers site have been contacted and no less than one of the following reasons exists for deleting such site as a feasible location:

Applicant shall submit, with its zoning application, a written report documenting the findings of the applicant that all potential alternatives and co-location sites are unacceptable. Supporting data, documentation and exhibits necessary to evaluate the applicant's conclusion must accompany the zoning application. Applications omitting documentation for this requirement shall be returned to the applicant by the Zoning Officer. The applicant's site plan, in addition to complying with other sections of the North Whitehall Township ordinances, shall also set forth the following:

The maximum height of any communications tower or communications antenna shall be 150 feet.

The applicant must submit evidence that the proposed communications tower/antenna is certified by a Pennsylvania registered professional engineer verifying the proposed communications tower will be designed and constructed in accordance with the current structural standards for steel antenna towers and antenna supporting structures, as issued by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the North Whitehall Township Building Code, if any.[2]

A certificate of insurance evidencing general liability coverage in a minimum amount of $1,000,000 per occurrence and property damage coverage in a minimum amount of $1,000,000 per occurrence covering the communications tower and communications antenna.

No signs or lights shall be mounted on a communications tower, except those that may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction over the subject parcel.

The communications tower shall be protected and maintained, including warning lights, in accordance with industry standards.

Should any communications tower remain unused for a period of 18 consecutive months, the property owner shall dismantle and remove the communications tower within six weeks of the expiration of such 18 months period. If the property owner is not the operator of the communications tower, the owner shall cause the operator to dismantle and remove the communications tower within the above prescribed time period.

In light of technical advances and the likelihood of tall communications towers becoming obsolete, the Township has taken a proactive stance with regard to possible future abandonment. With each application, an applicant shall submit a written signed estimate from a qualified demolition expert experienced in dismantling communications towers of the type and height proposed by the applicant stating the current estimated cost of safely dismantling and removing the proposed communications tower and communications equipment building, if any, from the lot in the event such tower and equipment fall into disrepair or disuse. Upon obtaining zoning approval and before any construction is permitted to begin, the applicant shall submit to the Township Zoning Officer financial security in the form of cash or a check for an escrow account, an irrevocable letter of credit, a bond, or similar financial security, acceptable to and approved by the Township Solicitor, in an amount equal to the amount of the written estimate for the removal of the communications tower and equipment building, if any, plus 10% as security for the safe removal of the communications tower/antenna and equipment building, if any. Said financial security shall remain posted with the Township until said communications tower/antenna and equipment building, if any, is safely dismantled and removed from the site. Every five years, the owner of the communications tower/antenna and equipment building, if any, shall submit an updated written and signed demolition and removal estimate evidencing a cost that is then current. If the owner of the communications tower/antenna and equipment building, if any, fails to timely submit said demolition and removal estimate, the Township shall be entitled to obtain same at the cost of the owner of the communications tower/antenna and equipment building, if any, and charge the cost of same against the posted financial security.

Communications antennas mounted on buildings shall not be located on a single-family or multiple-family dwelling.

Communications antennas mounted on buildings are permitted at a height maximum of 20 feet higher than the height limitation for the building in the applicable zoning district.

Monopole or omnidirectional communications antennas shall not exceed 150 feet in height and seven inches in diameter.

Directional or panel communications antennas shall not exceed five feet in height and three feet in width.

Any application for a proposed communications antenna to be mounted on a building or other structure shall be accompanied by written documentation that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location, said documentation being certified by a Pennsylvania professional engineer.

Detailed construction and elevation drawings indicating how the antennas will be mounted shall be required for any applicant proposing to install a communications antenna on a building or other structure. The construction and elevation drawings shall be submitted for review by the Zoning and/or Code Enforcement Officer for compliance with the Townships Building Code and other applicable laws. Evidence of agreements with and/or easements from the owner of the building or other structure proposed for communications antenna installation shall be supplied with the application. This documentation shall assure that installation and maintenance of the proposed communications antenna and equipment can be accomplished.

Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

Communications antennas shall not cause radio frequency interference with other communications facilities located in North Whitehall Township.

A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district.

The owner and/or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.

A statement as to the proposed use of the building or land.

A site layout, drawn to a scale of not less than one inch equals 50 feet, showing the location, dimensions and height of proposed buildings, structures, or uses and any existing buildings in relation to property and street lines. If the application relates to a staged development, the plans shall set forth the relationship of the portion scheduled for initial development to the overall proposed layout of the entire property.

The location and dimension of yards, buffer yards, and methods of materials for screening.

Motor vehicle access, off-street parking, and off-street loading and unloading, if any, and proposed lighting for each of such areas.

The dimensions, location and illumination of signs, on the site, if any.

Set forth proposals for the treatment and disposal of sewage, waste, water supply and storm drainage.

The location and arrangement of buildings used or intended for use as dwelling purposes and the location and dimensions of sidewalks, if any.

A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.

The proposed methods to be used to control the above itemized hazards.

Any other data deemed necessary by the Zoning Officer, Planning Commission or Zoning Hearing Board to enable it to determine the compliance of the proposal with the terms of this chapter.

The Zoning Officer shall submit a written report, based upon the submission of the applicant together with the site plans, to the Township Planning Commission for review. The Zoning Officer's submission to the Planning Commission shall occur within 10 working days of the site plan submission.

The Planning Commission shall, within 45 days of receipt of said site plans and report from the Zoning Officer, review and submit a recommendation to the Zoning Hearing Board of North Whitehall Township. In the absence of a timely action on the part of the Planning Commission, the Township Zoning Hearing Board shall proceed with its own review.

The applicant shall provide proof of compliance with the Township Airport Approach Ordinance (Ord. No. 82-1, Chapter 130, Airport Zoning, of this Code). Please see the North Whitehall Township Floodplain Ordinance (Chapter 242, Floodplain Management), enacted November 7, 2001, as may be amended, for provisions regarding floodplain and flood-prone areas, building restrictions and requirements and related ordinance provisions.

The building shall maintain the appearance of a single-family detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.

The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building, or would require the placement of more than three off-street parking spaces in the required front yard.

Five hundred for an efficiency or one bedroom unit;

Eight hundred for any other unit.

Four thousand square feet if central sewage service is provided; and

Thirty thousand square feet if central sewage service is not provided.

Single-family detached dwelling with minimum lot area of 30,000 square feet and minimum building setbacks from all lot lines of 25 feet, and provided that approved central sewage service is provided: eight unrelated persons.

Any other lawful dwelling unit: five unrelated persons.

For larger group homes, see "institutional group home."

One hundred feet from any residential lot line; and

Fifty feet from any other lot line and the existing right-of-way of any public street.

A limited business option shall not be permitted on any lot that is merged with another lot after July 1, 1994, or any lot that involves lot lines that are expanded outward after July 1, 1994.

A thirty-foot-wide buffer yard meeting the requirements of § 440-79; and

A landscaped earth berm as provided in § 440-79.

The operator or owner of the livestock use; or

Property owners providing a written notarized letter waiving such setback.

Plan of general area (within a one-mile radius of site) at an appropriate scale (such as drawn upon an enlarged photocopy of the USGS map) to show:

Plan of proposed site. At an appropriate scale (such as one inch equals 100 feet) and appropriate contour level (such as five-foot contours or less) to show:

Proposed usage.

Plan of operation showing:

Areas within 50 feet of the center line of a mostly perennial creek or river shall be kept in its natural state, with no structures, excavation or paving, except for approved perpendicular driveway crossings.

During grading and backfilling operations, the above setback requirements may be reduced so that the top of the graded slope is a minimum of 50 feet from any existing street right-of-way, 125 feet from any residential or commercial district boundary and 25 feet from any other exterior lot line.

Excavations, except stone quarries, shall be graded and backfilled to the grades indicated on the site plan. Grading and backfilling shall be accomplished continually and as soon as practical after excavation. Grading and backfilling may be accomplished by use of waste products of the manufacturing operation or other materials, providing such materials are composed of nontoxic, noncombustible solids, as approved by DEP.

Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover shall not exceed normal angle of slippage of such material, or 45° in angle, whichever is less. See setbacks above.

When excavations, except stone quarries, which provided for a body of water are part of the final use of the tract, the banks of the excavation shall be sloped to a minimum ratio of seven feet horizontal to one foot vertical beginning at least 50 feet from the edge of the water and maintained into the water to a depth of five feet.

Drainage shall be provided, either natural or artificial, so that disturbed areas shall not collect nor permit stagnant water to remain.

A screen planting within the setback area required in § 440-41A(45)(c). Such screen shall be at least 25 feet in width with trees and shrubs planted in alternating rows to allow for future growth. The screen shall be set back approximately 10 feet from the excavation so as to keep the excavation clearly visible on the inside of the plantings for safety reasons.

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

In lieu of Subsection A(45)(h)[1] and [2], the owner may construct a berm within the setback area required for quarries, which berm shall be a minimum of 10 feet high and planted with thorny vegetation on the side facing the property line or street line (or opposite the quarry operation).

Warning signs shall be placed at intervals of not less than 100 feet around the outer edge of the screen planting area.

Except as provided by Subsection A(46)(g) below, the anchoring system shall consist of concrete piers, or concrete footings perpendicular to the main longitudinal frame, or equivalent and shall be installed from ground level to below the frost line (36 inches minimum). The piers or footings shall be a minimum of four inches greater in width than the concrete blocks used to support the home. Concrete blocks shall have a minimum width of eight inches. This foundation system shall be placed on approximately eight feet centers (unless another distance is specifically recommended in writing by the manufacturer) along each of the two main longitudinal frames for each section of the home, with no more than three feet overhang at each end of the section.

The tie-down system shall consist of screw-in earth anchors, other equivalent earth anchors or one-half-inch-diameter by twelve-inch-long eyebolts, or approved equivalent U-shaped bars that shall be cast in place at each corner and at the midpoint of each long side in the concrete piers, concrete footing, slab or equivalent foundation. Concrete blocks shall be used to support the home on the foundation system and metal or masonry shims may be used for final leveling. The concrete support blocks shall not be wider than the support foundation.

Each mobile/manufactured home shall be securely anchored or tied down with cable and turnbuckles or equivalent connecting the frame to the screw-in earth anchors or cast in place eyebolts as a minimum on at least four corners and one midpoint of each long side. The tie-down shall also be in accordance with the manufacturers' recommendations furnished with each home.

Mobile homes shall be placed a maximum of four feet above the surrounding ground area.

As part of the construction standards for each mobile home, the U.S. Housing and Urban Development Department requires that each unit be built to meet certain windstorm protection requirements. [As of 1993, these regulations in Section 3280.306 of Title 24 of the U.S. Code included the following statement: "Anchoring equipment shall be capable of resisting an allowable working load equal to or exceeding 3,150 pounds and shall be capable of withstanding a 50% overload (4,725 pounds total) without failure of either the anchoring equipment or the attachment point on the manufactured home."][7]

Industry-approved skirting material compatible with the home; or

As an alternative, a concrete slab foundation may be used with non-supporting masonry walls between the home and slab with soil backfill to raise the surrounding ground level and lower the home elevation resulting in no more than three steps in height or less below the first floor elevation. If this alternative is used, a twenty-four-inch-high access area with lower grade through the masonry area shall be installed that allows convenient service access.

Plans shall be submitted and reviewed by the Township for all mobile/manufactured home parks in compliance with the mobile home park provisions of Chapter 375, Subdivision and Land Development, of this Code and all other provisions of such chapter that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).

Individual areas for each home are not required to be individually surveyed and shall not require individual metes and bounds descriptions or monuments. The plans shall show proposed building locations and orientations to allow Township review of the site layout.

To calculate this density:

Phases. If an existing mobile home park is to be expanded into an area not previously part of that mobile home park, the maximum density and minimum common open space for the new area shall be considered separately from the previously approved areas of the mobile home park. All expansions to an existing park shall also meet all other provisions of this and other applicable ordinances.

Fifty feet, which shall be landscaped, if an adjacent lot includes an existing single-family detached dwelling, except that such setback line shall not apply between manufactured homes within two abutting mobile home parks;

Fifty feet from any other exterior lot line, other than an abutting mobile home park; and

Fifty feet from the future right-of-way of any public street.

Detached accessory structures may be attached to each other or immediately adjacent to each other.

A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units which the accessory structure is not accessory to.

A detached accessory structure shall not be located in a front yard between a dwelling unit and a street or parking court.

A minimum of 10% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents, unless a greater amount of open space will be required by Chapter 375, Subdivision and Land Development, as amended.

Open landscaped areas, such as a landscaped perimeter setback and areas within the 100-year floodplain, may count towards the minimum common open space, except for areas that specifically are not permitted to be counted by the definition of "common open space" in § 440-30.

A minimum of 25% of the required common open space shall include contiguous tracts of greater than 1/2 acre.

Common open space. See § 440-41A(48)(c)[2] and (j)[2] above regarding phases of development.

A minimum of 30% of the required common open space shall be developed for recreation. Such areas may include children's play equipment, paths, benches, picnic areas, athletic fields, free-play areas for children's games, basketball courts, shuffleboard courts, swimming pool, tennis courts or similar facilities, which shall be chosen based upon the expected age distribution of residents.

A mobile/manufactured home park may include a recreation center for residents, a rental/management office, maintenance buildings for the park, and the sale of mobile/manufactured homes that will be placed on the tract.

A mobile home park shall not include the sale of homes for placement off the tract, except for routine resale of existing homes.

A mobile home park may include self-storage units if they primarily serve residents of the mobile home park and meet all of the requirements under § 440-41A(62). Signs advertising these self-storage units are prohibited.

An average minimum of 2.2 off-street parking spaces shall be provided per dwelling unit. No more than six off-street parking spaces shall be installed along any road without being separated by a twenty-foot-minimum-width lawn/planting area.

A minimum of two such spaces shall be provided adjacent to the dwelling they serve.

The remaining required spaces shall be located within approximately 300 feet of the dwellings they serve, primarily for guest parking. This guest-parking requirement may be provided on streets if the required minimum cartway widths are widened by eight feet to accommodate safe and sufficient on-street parking.

Recreational vehicles or boats shall not be stored on parking spaces or individual lots within the park. All such vehicles, if stored within the park, shall be placed in a designated area and this area shall be screened from view of the mobile homes and any adjacent dwellings outside of the mobile home park.

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

Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.

Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Township cartway construction standards. Curbs may be required by the Township at selected locations if needed for storm drainage control.

Individual walks. A minimum of thirty-inch-wide hard surfaced walks shall be provided between the home and the required two parking spaces for each individual dwelling.

Common walks. A minimum of three-foot-wide hard surfaced walks or pathways shall be provided to connect major activity centers within the park and to provide access to boundaries of the park with major adjacent pedestrian destinations. This may be a sidewalk on one side of major streets or an internal walk/pathway system acceptable to the Township.

For each dwelling unit, a water supply shutoff valve shall be located outside the skirting adjacent to the dwelling and below the frost line.

Any mobile home park involving mobile homes at a density of greater than one dwelling unit per acre shall connect to an existing central sewage system. Where public sanitary sewage service is reasonably available, it shall be used. An entirely new privately owned central sewage plant shall not be established as part of a new mobile home park.

Any sewage service shall be in accordance with all applicable state and Township requirements.

No building shall be constructed over any portion of an existing septic system.

The owner of the park shall operate the park in compliance with this and other applicable Township ordinances and shall provide adequate supervision and maintenance to ensure that the facilities and equipment are kept in good repair and safe operating condition.

The management of the park shall supervise the installation of all mobile homes, foundation systems and utility connections.

Such mobile homes meet Township requirements that were in place at the time the mobile home park was approved;

Each mobile home shall be placed on approximately the same space as was previously approved without having to meet all the requirements of § 440-41A(46) and this § 440-41A(48) with the exception that all of the following requirements shall be met:

See the performance standards of Article V, especially regarding noise.

Any area used for the testing, warm-up or racing of vehicle engines shall be set back a minimum of 400 feet from any residential lot line.

Minimum lot area: 30 acres.

A buffer yard meeting § 440-79 shall be provided around the perimeter of the lot. The Board of Supervisors may allow clustering of plants and variations in the types of plants.

All tracks and driving courses shall be paved in asphalt, concrete or similar dust-free surface.

See the performance standards of Article V, especially regarding noise.

All structures, buildings and animal-related facilities shall be set back a minimum of 400 feet from any residential lot line.

Minimum lot area: 30 acres.

A buffer yard meeting § 440-79 shall be provided around the perimeter of the lot. The Board of Supervisors may allow clustering of plants and variations in the types of plants.

The following shall be subtracted from the total lot area of the tract (as defined in § 440-30) to determine the buildable area:

The following areas are not required to be deleted from the buildable area, provided that they do not include areas that are specifically required to be deleted under the standards in Subsection A(71)(b)[1] above:

The buildable area as determined above shall be divided by the following average amount of square feet per dwelling unit to determine the maximum permitted number of dwelling units within the tract.

The permitted number of dwelling units may be placed at any appropriate locations within the tract, provided that all other requirements of this chapter are met and provided that no single net acre of land includes more than 15 dwelling units once street rights-of-ways and common open spaces are deleted.

If a townhouse or low-rise apartment development will clearly be permanently restricted to persons age 55 or older and/or the physically handicapped, then the permitted number of dwelling units on the tract may be increased by 15%.

Areas of land that are capable of additional development shall not be used towards calculating the allowable density unless those lands are deed restricted or protected by a conservation easement to prevent further development.

Between any low-rise apartment principal buildings and any abutting existing single-family detached dwelling within 100 feet of such apartment buildings;

Between any townhouses or low-rise apartments and any right-of-way of an expressway that is within 100 feet of such townhouses or apartments;

Along the right-of-way of an arterial street that abuts the rear of townhouse units and is within 100 feet of such townhouses.

Maximum building length: 200 feet.

Maximum building height: 35 feet and 3 1/2 stories for a principal building; 25 feet and one story for an accessory structure.

Minimum tract width and depth: 120 feet each.

Floor area: see § 440-77.

Minimum tract area: one acre for townhouses and two acres for low-rise apartments.

Minimum setback for townhouse and low-rise apartment buildings, whichever is most restrictive:

Separation. Each principal building shall be separated by a minimum of 20 feet from any other principal building.

Has two or more off-street parking spaces located within 20 feet of the front of the townhouse; or

Has garage door(s) for two or more motor vehicles facing onto the front of a townhouse.

For each townhouse, there shall be a yard, balcony, patio or other outdoor area other than a driveway immediately adjacent to the front, back or side of each dwelling of not less than 200 square feet for the exclusive use of the occupants of that dwelling.

If townhouses are subdivided into individual lots, the minimum lot area shall be the building footprint plus this 200 square feet.

Design measures shall be used to seek an appropriate level of privacy in any rear yards. Such measures might include landscaped screening, compatible fencing or earthen berming. The intent is to avoid the placement of incompatible fencing by individual lot owners in the future.

Storage. If the maintenance of grass yards in front of or behind a townhouse would be the responsibility of an individual homeowner, a small storage area suitable for storing lawn maintenance equipment should be provided with appropriate outside access.

For any low-rise apartment or townhouse development involving 25 or more dwelling units, a minimum of 10% of the total land area shall be dedicated as common open space. This common open space shall be in addition to any other requirements of this chapter or common open space or fees-in-lieu of open space requirements of Chapter 375, Subdivision and Land Development, of this Code. Common open spaces are encouraged to be used as a buffer against any abutting major roads.

For any development that will not be limited to residents 55 years and older, at least 50% of the required common open space shall a) be contiguous, b) have slopes of less than 10% and c) be planted in grass and trees. If such development includes over 100 dwelling units, then part of the required common open space shall include approved types of children's playground equipment located over an appropriate soft surface and an open "pick-up" recreation field of less than 6% slope forming a rectangle of at least 200 feet length and 100 feet width.

For any development limited to persons 55 years and older, the required common open space shall be suitable for passive recreation, with appropriate landscaping, benches and paths or trails.

The applicant shall prove to the satisfaction of the Zoning Officer, upon advice of the Board of Supervisors, that there will be an adequate permanent method in place to maintain the common open space. See § 440-89.

Include evergreen screening meeting the provisions of § 440-79.

Include the planting of deciduous shade trees, which shall meet the following requirements:

May include same land as the paved area setback area required by Article VI.

Average a minimum of five feet in height above the adjacent average ground level (disregarding any drainage channel) on the outside of the berm;

Not have one completely continuous height, but instead shall vary in height by one or two feet in places;

Have a maximum side slope of three horizontal to one vertical; and

Be covered by a well-maintained all season natural ground cover, such as grass.

The buffer plantings are intended to be an impenetrable visual screen. However, it is not intended to be a monocultural planting. A variety of evergreen tree species in conjunction with deciduous and/or evergreen shrubs should be utilized to provide complete screening and aesthetic variety and appeal.

A thirty-foot buffer shall be required along the frontage of all streets.

A fifty-foot buffer shall be required between the industrial use and all other uses.

Trees used for screen buffers shall be composed of 100% evergreen varieties. Shrubs may be a combination of evergreen and deciduous varieties. The required plant material shall be so arranged as to provide a 100% visual screen within eight years of planting. Where the screen buffer planting requires more than 50 trees, no more than 1/3 of these trees will be of a single variety.

Where space is limited or there are other site constraints, walls, fences and/or earth berms may be used in combination with plant material subject to the approval of the Board of Supervisors.

Plant materials shall be permanently maintained and any plant material which dies shall be replaced by landowner.

Front yard: 50 feet.

Side yard (each): 50 feet.

Rear yard: 50 feet.

Where a property abuts a residential use, the required side and rear yards shall be increased to 100 feet.

Commercial bulk composting of manure brought to a site from land of four or more different landowners for off-site use or any bulk mushroom production shall be restricted to the AR-L or ME/I Districts and shall require special exception approval. Such composting shall meet all of the following requirements:

Front yard. Any fence located in the required front yard of a lot in a residential district shall a) be an open type of fence (such as picket or split rail) with a minimum ratio of 1:1 of open to structural areas, b) not exceed five feet in height, and c) be constructed entirely of wood (plus any required fasteners and any wire mesh attached on the inside of the fence) or wrought iron or other material that closely resembles wood or wrought iron.

A fence shall not be required to comply with minimum setbacks for accessory structures.

Height. No maximum height shall apply to fences that are not within a residential district. A fence located in a residential district in a location other than a required front yard shall have a maximum height of six feet, except:

Setbacks. No fence shall be built within an existing or dedicated future right-of-way of a street. A fence of a dwelling may be constructed without a setback from a lot line in a residential district, but a one-foot or greater setback is recommended to provide for future maintenance of the fence. A fence for a nonresidential use shall be set back a minimum of five feet from any abutting lot line of an existing dwelling or an undeveloped residentially zoned lot. No fence shall be located within the paved area setback required under § 440-61.

Any fence that has one side that is smoother and/or more finished than the second side should be, but is not required to be, placed so that smoother and/or more finished side faces away from the area that is enclosed, unless the fence abuts a business use.

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

A fence may be placed onto the top of a permitted wall, provided that the total height to the top of the fence does not exceed the maximum permitted fence height.

Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all districts.

No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign at an entrance to a development.

A wall in a residential district outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback and six feet if it is not.

Walls that are attached to a building shall be regulated as a part of that building, and the regulations of this section shall not apply.

The burden of proof shall be upon the applicant to prove that the standards of this section will be met, especially regarding possible nuisances and truck traffic. Based upon the potential nuisances of a proposed home occupation, the Zoning Hearing Board may determine that a particular type or intensity of use is unsuitable to be a home occupation or that the proposed lot area or setbacks are not sufficient.

The home occupation shall be conducted completely indoors and may be within a principal or accessory residential building. The total amount of floor area of all buildings used for a home occupation shall not be greater than 25% of the total floor area of the principal dwelling unit.

There shall be no outdoor operations or outdoor storage of materials, products or equipment.

Signs and displays. There shall be no use of show windows, business display or advertising visible from outside the premises, except as is specifically permitted for a general home occupation.

Trucks. The use shall fully comply with the requirements listed under "Residential accessory use or structure" in this § 440-42, regarding parking of trucks. The home occupation shall not require regular servicing by or deliveries by a vehicle with an aggregate gross vehicle weight of more than 12,000 pounds, except for routine service by package delivery companies.

Uses permitted as a home occupation include, but are not limited to, tradesperson's headquarters, art studio, office, custom sewing, tax preparation, catering for off-site consumption, installation of auto accessories (that are not part of the drivetrain) or musical instruction.

The following uses shall not be permitted as a home occupation: veterinarian office; nonhousehold stable; kennel; funeral home; retail store (other than occasional sale of custom crafts and art produced on the premises); restaurant; mechanical auto repair or body work (except farm equipment repair is permitted as accessory to an agricultural use); spray painting of vehicles; trucking company terminal; welding; pesticide company; hotel or motel; manufacturing (other than custom crafts such as ceramics); or boardinghouse.

Nuisances. No machinery or equipment shall be permitted that produces noise, noxious odor, vibration, glare, electrical interference or radio or electromagnetic interference beyond the boundary of the property. Only general types and sizes of machinery that are typically found in dwellings for hobby or domestic purposes shall be permitted. No use shall generate noise or glare in excess of what is typical in a residential neighborhood.

The use shall also comply with all environmental and nuisance control regulations of this chapter, including Article V.

Parking and loading. In any case, a home occupation shall include an absolute minimum of one off-street parking space (which may include a space for the dwelling). The applicant shall prove to the satisfaction of the Zoning Hearing Board in the case of a general home occupation and the Zoning Officer in the case of a light home occupation that the use will include adequate off-street parking and loading spaces.

Building appearance. The exterior of the building and the lot shall not be changed in such a way as to decrease its residential appearance, except for permitted parking spaces and the permitted sign.

Hours. A home occupation shall not be conducted in a way that is perceptible in external effects (such as but not limited to noise, odors, traffic) from beyond the lot line between the hours of 9:00 p.m. and 7:30 a.m. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjoining residents.

Hazardous substances. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts commonly found in a dwelling. The use shall not involve the use or storage of toxic substances.

Advertising. The address of the home occupation shall not be advertised in such a way that would encourage customers or salespersons to come to the property without an appointment.

Law or medical office. The main office of a medical doctor, chiropractor, dentist or attorney shall not be permitted as a home occupation.

Hazardous substances. The applicant shall demonstrate to the satisfaction of the Township that the intended method of handling and disposal of any hazardous materials will comply with all federal and state laws and regulations.

Tradespersons. In no case shall more than one worker who is a resident of the dwelling need to regularly visit the residential property, such as to load or unload trucks on or adjacent to the property. See above restrictions on truck parking. See § 440-36B, which allows existing barns to be used for certain types of storage.

If applicable, the Township may require an applicant to prove compliance with State Department of Labor and Industry requirements.

Only the following sign shall be permitted: one nonilluminated sign with a maximum sign area of one square foot on each of two sides, with a maximum height of eight feet. Such sign shall not be located within the existing right-of-way of a street, unless it is attached to a mailbox.

Number of employees. A total maximum of one person shall work on the premises who is not a permanent resident of the dwelling, however:

Instruction. Any instruction or tutoring shall be limited to a maximum of one student on the property at any one time and six students on the property on any day.

Barber/beautician. Any barber, beautician, hair stylist or similar personal service use shall only be permitted as a home occupation if 1) only one person may work on the premises, who must be a permanent resident of the dwelling, 2) there is a fifteen-foot minimum building setback from all residential lot lines, and 3) if the property abuts a collector or arterial street.

If the home occupation involves work occurring on a vehicle(s), such vehicle(s) shall not be parked on the lot or on abutting streets overnight.

Traffic. The use shall not routinely involve the arrival at the property for business purposes of more than 10 vehicles per day or the parking of more than four vehicles of nonresidents at any one time.

The Zoning Hearing Board may determine that a proposed type of home occupation is significantly more intense than the average home occupation, and that the intensity creates a need for a larger than average setback. Such finding may be sufficient to deny an application.

Traffic. The use shall not routinely involve the arrival at the property for business purposes of more than four vehicles per day. The use shall not require a need for parking beyond what is typically provided for a dwelling.

Only persons who are permanent residents of the dwelling shall work on the premises.

No sign shall identify the business.

A maximum of 10 may be kept under this section on a lot of three or more acres. Keeping of more than 10 adult cats or dogs shall be regulated as a commercial kennel;

These numerical restrictions shall not apply to cats and dogs of less than three months age, although commercial breeding shall only be permitted as an accessory use to a dwelling under the general home occupation regulations.

Maximum total floor area of all accessory buildings: 1,000 square feet.

Maximum of two accessory buildings per lot.

The parking of a maximum of two vehicles, each of up to 12,000 pounds aggregate gross vehicle weight; or

The parking of one vehicle with an aggregate gross vehicle weight of over 12,000 pounds aggregate gross vehicle weight, provided such vehicle is kept a minimum of 75 feet from any dwelling on another lot.

No refrigerator unit of a truck shall be operated within a residential district between 8:00 p.m. and 7:00 a.m. within 200 feet of a dwelling. No maintenance or repair of either of the following shall occur on a principally residential lot:

Within a residential district, trucks with an aggregate gross vehicle weight of over 12,000 pounds shall not be started and allowed to idle between the hours of 8:00 p.m. and 7:00 a.m.

In a residential district, such satellite antenna shall not be located within the required front yard of a residential use.

Such satellite antenna shall comply with the accessory setback requirements of the applicable district.

Such satellite antenna may be placed on the roof of a structure in a residential district only if less than 1/2 of such antenna would be visible from a public street. An antenna may be roof-mounted in any other district, without limitations on visibility.

A maximum of one such satellite antenna shall be permitted on any lot in a residential district.

A satellite antenna shall have a maximum diameter of 11 feet in a residential district. No maximum shall apply within other districts.

A ground-mounted satellite antenna shall have a maximum possible height of 15 feet above the average ground level in a residential district.

Freestanding signs: maximum eight feet high.

Maximum square footage of sign area: one sign on each street that the lot abuts, maximum 20 square feet for each sign.

No wall signs or window signs allowed.

Illumination of signs shall be external and within the regulations of § 440-54.

Sanitation (municipal waste and recycling) facilities at the event commensurate with the number of patrons attending;

Sanitary sewer facilities at the event commensurate with the number of patrons attending.

Farmers' markets, providing all vendors and sales are located in an enclosed building;

"U-pick" operations;

Dairy, ice cream and bakery retail facilities;

Wineries, winery tours and tasting rooms;

Local farm products retail operations (including crafts, food products, garden and nursery products, and clothing products made from the wool of animals raised on the farm use, etc.);

Corn mazes (with educational/interpretation components);

Farm-related interpretive facilities and exhibits;

Agriculturally related educational and learning experiences;

Agriculturally related special events, agricultural fairs and festivals;

On-site farm, garden, greenhouse and nursery tours;

Walking and bicycle tours and trails;

Horseback/pony rides, petting zoos and other animal exhibits.

Restaurants, taverns, breweries and/or microbreweries;

Flea markets;

Any other use that is not agriculturally related, or is not related to the natural resources that are present on the property, or is deemed not to be incidental to the agricultural operation on the property, or is otherwise deemed to be too intense for the agricultural zoning district whereby the intent of the agricultural zoning district will not be preserved.

Craft brewery, limited distillery or limited winery.