Conditional uses are to be allowed or denied by Board of Supervisors pursuant to public notice and hearing and recommendations by the Planning Commission and pursuant to expressed standards and criteria set forth for a particular use listed under this article.

In allowing a conditional use, Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed herein, as it may deem necessary to implement the purpose of this chapter.

The Board of Supervisors shall, among other things, require that any proposed use and location be:

The conditional use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards of this chapter.

The conditional use shall organize vehicular access and parking to minimize traffic congestion. The Board of Supervisors shall not approve a use in areas where a traffic engineering study prepared by registered engineer specially certified in traffic planning or engineering indicates that a proposed use or structure will burden existing traffic to enhance the danger and congestion in travel and transportation and increase the number of accidents unless the owner or applicant agrees to provide such traffic improvements as determined by the study.

The landowner and/or developer shall have the burden of providing evidence to Nottingham of compliance with the general requirements of this section and the specific requirements of this article.

The Township Planning Commission may recommend and Board of Supervisors may attach additional conditions pursuant to this section, to protect the public's health, safety, and welfare. These conditions may include but are not limited to increased setbacks.

The minimum lot area for an assisted living facility or personal care boarding home in a residential zoning district shall be 10,000 square feet; all other area and bulk regulations shall be the same as the requirements for single-family dwellings in the district in which the home is located.

An assisted living facility or personal care boarding home shall have direct vehicular access to the facility or have frontage on and to an arterial or collector road as defined by this chapter.

In residential zoning districts, the number of residents permitted in a personal care boarding home shall be 12.

Adequate provisions shall be made for access for emergency medical and fire vehicles.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency or owner/operator.

Open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with a self-latching gate.

Where applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

The minimum site area required for a truck terminal shall be five acres and the minimum lot width shall be 250 feet.

The minimum site area required for a repair garage shall be 15,000 square feet and the minimum lot width shall be 100 feet.

Such use shall be located no closer than 100 feet to any residential zoning district.

There shall be no storage of dismantled vehicles outside an enclosed building.

All repair work shall be performed within a completely enclosed building which has adequate ventilation and fire protection provisions.

All stored vehicles shall be on premises and no vehicle shall dismantled on any public street.

The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or a menace to public health and safety.

All property lines adjoining residential use or zoning classification shall be screened by a buffer area, as defined by this chapter, which is at least six feet in depth as measured from the property line.

Along all property lines adjoining property located in an A-1, B-1, B-2 or M-1 District, vehicle storage areas shall be screened by a six-foot-high hedge or opaque fence.

The minimum site area shall be two acres.

The site shall have frontage on and direct vehicular access to an arterial or collector road, as defined by this chapter.

The area used for the display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously paved and maintained in either concrete or asphalt over a base of crushed stone compacted to not less than six inches in depth, or other surfacing of an equivalent character, if approved by the Zoning Officer.

All lots used for the outdoor display of automobiles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repair, servicing, sales and customer car washing shall be performed.

No vehicle or other article or merchandise shall be displayed outdoors less than five feet from the lot lines of adjacent properties and no cars shall be parked on adjacent properties or in any street right-of-way.

No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the commonwealth.

All lights and light poles shall be located at least 10 feet from any street right-of-way or property line and all lighting shall be shielded and reflected away from adjacent streets and properties.

No oscillating or flashing features or signs are permitted on the lot, on any poles on the lot, or on any displays outdoors.

Except for temporary special event displays, no strings of lights or flags, flashers or other display paraphernalia shall be permitted on the lot, on any structures or poles attached thereto, or on or in the merchandise displayed outdoors, except for such signs otherwise allowed under this chapter.

All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee automobiles and shall not be used for the display of merchandise.

Customer vehicles with external damage awaiting repairs shall be located either inside a building or in an outdoor area which is screened in such a fashion so that the vehicles will not be visible from public streets or adjacent residential property.

All property lines adjoining residential use or zoning classification shall be screened by a buffer area, as defined by this chapter, which is at least four feet in depth as measured from the property line.

No more than four bedrooms may be available or used for such use in any building and each guest room may provide lodging for up to two individuals, unless children under the age of 18 years are accompanying the guests, and in no instance shall the total number of guests in a bed-and-breakfast use exceed 12.

Not more than one ground sign shall be permitted on the lot. The maximum permitted sign area shall be 10 square feet.

All off-street parking spaces shall be provided on the lot. The number of off-street parking and loading spaces shall be provided as defined by this chapter. All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.

The owner and/or manager of the facility shall reside therein.

An overnight guest shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.

Any single-family dwelling occupied by a family whose members are related by blood, marriage or adoption may also accommodate not more than four individual boarders.

Any single-family dwelling occupied by a family and containing no boarders or roomers may also accommodate foster persons, placed by court order.

There shall be at least two means of egress from each floor in the structure.

One parking space shall be provided on the premises for each guest sleeping room plus three spaces per dwelling on premises.

Off street parking in a front yard shall not be permitted except in a driveway.

The use shall comply with the minimum requirements of the B-2 General Commercial District for lot area, lot width, yards, coverage, height, parking and loading.

The facility shall be connected to public sewers.

The entrance to the car wash shall be designed to permit a waiting line in one or more lanes for a total of at least 10 cars.

In no event shall cars be permitted to stand in the public right-of-way.

The facilities shall comply with the performance standards of this chapter.

All property lines adjoining residential use or zoning classification shall be screened by a buffer area as defined by this chapter which is at least six feet in depth measured from the property line.

The minimum site area of 10 acres shall be required.

A drainage plan shall be submitted with the application for conditional use approval to show existing and proposed runoff characteristics which plan shall be subject to review and approval by the Township Engineer.

Plans for ingress and egress shall be designed so that traffic entering or leaving the site is not required to stand on any public street or right-of-way.

All property lines adjoining residential use or zoning classification shall be screened by a buffer area, as defined by this chapter, which is at least 10 feet in depth measured from the property line.

Parking for principal structures such as chapels and mausoleums shall be provided in accordance with the off-street parking and loading requirements of this chapter.

No storage of movable equipment or material shall be permitted outside a building.

Uses involving distribution equipment which is not enclosed by a building or structure shall be secured by a fence at least six feet in height with self-latching gate.

Uses involving distribution equipment which is not enclosed by a building shall be adequately screened by a six-foot compact evergreen planting area along all property lines adjacent to residential uses or zoning districts.

Uses involving towers or other distribution structures which exceed the height limitations of the district shall be required to increase the yard clearance required for the structure by one foot for every two feet in excess of the height limitations.

The applicant of said use shall file a detailed statement of intent with the Board of Supervisors describing the proposed use. The statement shall identify how said use satisfies a demonstrative need and shall be conducted in a responsible manner without detriment to the surrounding lots and neighborhood.

Twenty-four-hour supervision of residents by a facility employee approved by the Pennsylvania Department of Human Services shall be required.

The minimum lot size shall be 1/2 acre.

The institution shall be accredited by the commonwealth.

The institution shall be the sole occupant of the lot.

Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

Parking areas shall be screened from view of neighboring lots or those directly across the street from the lot.

Buildings shall be set back from one another and residential occupancy shall be in conformance with this chapter.

Said facility with six or more residents shall not be located within 1,000 feet of another facility with six or more residents.

Ingress and egress to the site shall be designed to assure safety and safe areas for discharging and picking up children shall be provided which do not interfere with the free flow of traffic on adjacent streets.

Outdoor play areas which adjoin residential lots shall be screened by a buffer area as defined by this chapter which is at least five feet in depth as measured from the property line.

Such uses shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site area of 10 acres.

Buildings housing animals shall be a minimum of 100 feet from any road right-of-way and 200 feet to any side or rear property line.

All property lines adjoining residential use shall be screened by a buffer area as defined by this chapter which is at least five feet in depth measured from the property line for a sufficient length along the property line as determined by the Board of Supervisors to adequately protect any adjacent dwelling.

The location, orientation and lot circulation shall be such as to minimize the disturbance of the surrounding open space.

Equipment storage shall be permitted to include man-operated or mechanical equipment or other machinery that is in operable condition. The storage of inoperable vehicles is prohibited for this use.

Site grading shall be completed to ensure that surface runoff is directed away from any and all material storage areas.

An eight-foot-high screen shall be constructed around the perimeter of any storage areas if equipment and/or materials are not contained within an enclosed building/area. The screen shall be measured from the average grade of the adjacent ground, unless otherwise defined by this chapter. The screen shall be 80% opaque and composed of finished masonry, wood, or black or green vinyl-covered chain-link fencing with eight-foot-high evergreen plantings on the exterior side of the fence.

No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be permitted, with the exception of gasoline, diesel, fuel and oil for the operation and maintenance of motorized vehicles and equipment.

The ground surface of off-street parking shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.

The minimum site for a heavy industrial land use shall be 20,000 square feet.

The site shall have frontage on and direct vehicular access to an arterial or collector road, as defined by this chapter.

When abutting another industrial use within the M-1 District, the minimum side and rear yards shall be 20 feet. The minimum side and rear yards on the perimeter property lines abutting a nonindustrial land use or district shall be 50 feet, unless it adjoins a property in a residential zoning classification in which case the required yard shall be 100 feet.

The front yard setback from an arterial or collector road shall be 50 feet. The required front yard setback abutting another industrial use within the M-1 DISTRICT shall be a minimum of 30 feet.

The site plan shall be designed to minimize points of access to the arterial or collector road. The site shall be planned as a unit and uniform signage and common parking and loading areas shall be proposed to promote design and efficiency.

Ingress, egress and shall be designed ensure safety of internal traffic circulation and to minimize congestion.

All outdoor lighting shall be shielded and reflected away from adjacent streets and residential properties.

There shall be no storage of materials or equipment outside a completely enclosed building. All sales shall be conducted within a completely enclosed building.

All parking areas shall 20 feet from any adjacent residential use.

The minimum site required for a hospital shall be five acres.

The minimum site required for a medical or dental clinic shall be one acre.

The site shall have direct access to an arterial or collector road as defined by this chapter.

The required front and rear yards shall be 65 feet each; the required side yards shall be 30 feet each.

The maximum height of the structure shall be 50 feet.

Maximum lot coverage shall be 35%.

All sites shall be served by public water and sewer facilities. Evidence of sewage disposal and water supply systems shall be required.

Water pressure and volume shall be adequate for fire protection.

Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles and to minimize impact on local roads.

The parking and circulation plan shall be referred to the volunteer fire company for comments regarding traffic safety and emergency access.

Adequate security shall be provided for the facility.

All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least 15 feet in depth measured from the property line.

Outdoor lighting shall be shielded away from adjacent properties.

Helipads, if proposed, shall meet the following standards:

The minimum lot size is 20 acres.

Buildings housing animals shall be a minimum of 100 feet from any road right-of-way and 200 feet to any side or rear property line.

All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least 25 feet in depth measured from the property line for a sufficient length along the property line as determined by the Planning Commission and Board of Supervisors to adequately protect any adjacent dwelling.

The minimum lot area shall be 10 acres.

The premises shall be maintained so as to not constitute a nuisance or a menace to public health and safety.

No garbage, organic waste, petroleum products or hazardous waste shall be stored, buried or disposed of on the premises.

The manner of storage shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of automobiles are maintained in order to facilitate access for firefighting and to prevent the accumulation of stagnant water.

The use shall comply with the performance standards of this chapter.

No automobiles shall be stored or accumulated and no structure shall be constructed within 100 feet of any existing residential lot or within 40 feet of any property line or public right-of-way.

The premises shall be enclosed by a metal chain-link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located within the interior of a twenty-five-foot-wide landscaped bufferyard. All other property lines shall provide a fifteen-foot-wide landscaped bufferyard. Bufferyards shall be planted with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and ground covers.

Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped bufferyards.

The fence shall be supplemented with screening material which creates a visual barrier that is 100% opaque.

The Zoning Officer may inspect the property at any time. The Zoning Officer shall notify the operator 48 hours before such inspection shall take place.

The manner of storage of automobiles shall be arranged in such a fashion that it shall not be higher than the adjacent fence.

The owner(s) and operator(s) shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.

In the A-1 and R-1 District, kennels shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site area of five acres. Veterinary clinics without outdoor kennels shall have a minimum site area of two acres. In the B-2 District, the minimum site area shall be 20,000 square feet.

Outdoor kennels shall be located at least 100 feet from any property line adjoining residential use or zoning classification and at least 50 feet from any other property line.

Outdoor runs and similar facilities shall be adequately secured by a fence with self-latching gate and shall be screened by a buffer area which is at least five feet in depth.

All training areas and bridal paths shall be adequately fenced to protect adjoining properties.

The minimum site shall be 200 acres.

The site shall have frontage on and direct vehicular access to an arterial or collector road, as defined by this chapter.

Landfill operations shall not be conducted within 200 feet of any property lines adjoining residential use or zoning district classification.

All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least 50 feet in depth measured from the property line. The buffer area shall be comprised of a combination of earthen mounding and the required plantings.

Fencing at least six feet in height shall be provided around any work area for security and to control windblown refuse.

The applicant shall demonstrate that all applicable federal and state licenses have been obtained.

The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency prior to initiating any operation.

The required state or federal permits shall be maintained throughout the duration of all landfill operations.

There shall be no removal of minerals or vegetative cover within 200 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

Mineral removal shall be prohibited in watersheds of rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a Wilderness Trout Stream, by the Pennsylvania Department of Environmental Protection as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.[1]

No mineral removal shall be conducted within 300 feet of any public building, school, church, community or institutional building, commercial building, public park or private recreational area.

No mineral removal shall be conducted within 100 feet of the outside right-of-way line of any public road, except where access roads or haulage roads join the right-of-way line of the public road and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.

No mineral removal shall be conducted which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.

No mineral removal shall be conducted within 100 feet of a cemetery.

No mineral removal shall be conducted within 500 feet of any occupied dwelling, unless the consent of the owner of the dwelling has been obtained in advance of the filing of the application for zoning approval.

The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:

The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent structures or shall not substantially diminish underground water resources.

If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.

The applicant shall provide reclamation plans for the site which demonstrate that the condition of the land after the operation is complete will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any fire development plan.

The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall comply with designated weight limits on Township roads and shall design the hauling routes for the mineral removal operation to minimize the impact on local roads with the Township.

The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed for removing minerals from the site. The term of the bond shall begin on the date the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations, including any backfilling and any reconstruction of a damaged roadway due to weight in excess of the posted weight for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads which have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township specifications for street construction.

Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

Deep mine openings and aboveground structures shall not be located within 500 feet of any existing dwelling. Ventilating structures shall be located so as to comply with the performance standards of this chapter regarding noise and to minimize noise impacts on adjoining properties.

The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state or federal permits, including proof of insurability, before initiating any work and of maintaining the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and shall result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.

Conditional use. Approval shall expire if work authorized in the conditional use application is not commenced within 90 days of the date of approval of the application by the Supervisors, unless the applicant submits a written request for an extension to the Supervisors prior to the expiration of the 90 days explaining the reasons for the delay in initiating the work and the Supervisors approve the request.

Once work is initiated under an approved conditional use application, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Supervisors. An application for renewal of zoning approval must be submitted prior to the date of expiration of zoning approval and can be granted by the Zoning Officer upon demonstration by the applicant that all conditions of the conditional use approval and the required federal and state permit remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation. Upon expiration or revocation of zoning approval for the conditional use, the applicant may reapply for conditional use approval.

Gross site area shall be a minimum of 10 acres.

Guest parking shall be provided in a common off-street parking area at the ratio of one parking space for every three mobile home lots.

All dumpster areas shall be screened from all lots and public rights-of-way. All screens shall be a minimum of eight feet high and shall have a minimum opacity of 80%.

Mobile home park lot requirements.

The minimum site required for natural gas processing facilities and natural gas compressor stations shall be 50 acres and site location limited to the A-1 Zoning Districts.

Natural gas compressor stations shall be limited to the A-1 Zoning District. Natural gas compressor stations shall be located at a minimum of 600 feet away from any protected structure.

Compressors shall be located within a completely enclosed building. During periods of normal operation, doors, windows and similar openings shall remain closed to ensure maximum noise suppression.

Compressors and other power driven equipment shall utilize either gas driven combustion engines or electric motors. No electric power to be generated on site. This does not preclude on-site standby generation and transfer of electric power in sufficient amount to preserve essential safety-related systems in the event of a utility outage. All electrical installations shall conform to local, state and national codes and regulations.

All property lines adjoining property in an A-1 Zoning District shall be screened by a buffer area for the distance necessary to screen buildings, structures, parking areas, storage and equipment.

First responders shall be provided with a complete, detailed list of all gases, chemicals and waste products produced, stored or distributed on the site.

All waste disposal and storage of gasses or by-products shall be in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection (PA DEP) and any other applicable federal, state or local agency.

No person shall place, deposit, discharge or cause to be placed, deposited or discharged any oil, petroleum, asphalt, tar, hydrocarbon substances or any refuse including wastewater or bring from any natural gas processing facility or the contents of any container used in connection with any public right-of-way, alley, street, lot, storm drain, ditch or sewer, sanitary drain, lake, pond, creek or similar body of water or any private property without permits from the appropriate regulatory agencies.

Drip pans and other containment devices shall be placed or installed underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, connections an any other areas or structures that could potentially leak, discharge or spill hazardous liquids, semiliquids or solid waste materials, including hazardous waste that is inseparable by simple mechanical removal processes and is made up primarily or natural material.

All chemicals and/or hazardous materials shall be stored in such a manner as to prevent, contain and facilitate rapid remediation and cleanup of any accidental spill, leak or discharge of a hazardous material. The operator shall have all material safety data sheets (MSDSs), or subsequently legislated documents, for all hazardous materials on site. All applicable federal and state regulatory requirements for the proper labeling of containers shall be followed. Appropriate pollution prevention actions shall be required and include, but are not limited to, chemical and materials raised from the ground (e.g., wooden pallets), bulk storage, installation and maintenance of secondary containments systems, and protection from stormwater and weather elements.

All equipment and facilities shall comply with the noise standards related to oil and gas development and production and oil and gas subsurface facilities.

The minimum site required shall be one acre.

The minimum front, rear and side yards shall be 40 feet each.

The site shall be serviced by public water and sewer prior to occupancy.

Adequate fire protection in accordance with applicable codes shall be provided.

Parking is permitted in the front of the building but shall not be permitted in the front yard setback.

Ingress, egress and internal circulation shall be designed to ensure safety and access by emergency vehicles and to minimize impact on local roads.

The parking and circulation, plan shall be referred to the appropriate fire company for comments regarding traffic safety and emergency access.

All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least 10 feet in depth measured from the property line.

The facility shall be licensed by the commonwealth.

Nursing homes shall not be considered dwelling units and shall not be governed by the dwelling unit density of the district in which they are proposed.

Outdoor lighting, if any, shall be shielded away from adjacent properties.

Golf courses shall have a minimum site of 10 acres; all other clubs shall have a minimum site of two acres; all other uses shall have a minimum site of one acre.

Principal buildings shall be located at least 100 feet from any property line adjoining residential use or zoning classification and at least 50 feet from all other property lines.

Principal buildings which are located within 300 feet of a residential use or zoning classification shall be screened by a buffer area as defined by this chapter which is at least 10 feet in depth measured from the property line.

Where restaurant or prepared food facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for golf courses.

Operations shall be discontinued between the hours of 2:00 a.m. and 6:00 a.m.

No storage of equipment or materials shall be permitted outside a completely enclosed building unless they are screened from view from residential properties or public streets by a six-foot-high hedge or opaque fence.

Outdoor lighting shall be shielded and reflected away from adjoining properties and streets.

Ingress, egress and internal circulation shall be designed to ensure safety and minimize impact on local roads.

No storage of movable equipment or material shall be permitted outside a building.

Uses involving electric equipment which is not enclosed by a building or structure shall be secured by a fence at least six feet in height with self-latching gate.

Uses involving distribution equipment which is not enclosed by a building shall be adequately screened by a six-foot compact evergreen planting area along all property lines adjacent to residential uses or zoning districts.

Uses involving towers or other distribution structures which exceed the height limitations of the district shall be required to increase the yard clearance required for the structure by one foot for every two feet in excess of the height limitations.

The site shall have frontage on and direct vehicular access to an arterial or collector road, as defined by this chapter.

All uses shall be subject to the area and bulk regulations specified for the B-1 District.

All uses shall be subject to the additional standards specified for uses in the B-1 District.

All uses shall be located at least 50 feet from any property line which adjoins residential use.

All parking areas shall be located at least 20 feet from any property line which adjoins a residential use.

All automobile parts, dismantled vehicles and similar materials shall be stored within a completely enclosed building.

There shall be no more than one motor vehicle per employee and employer plus three customer's vehicles per repair bay parked outside an enclosed building at any time.

Gasoline pumps shall be located at least 40 feet from the center line of the right-of-way of any street.

All fuel, oil or similar substances shall be stored at least 25 feet from any property line.

All property lines adjoining residential use or zoning district classification shall be screened by a buffer area as defined by this chapter which is at least six feet in depth measured from the property line.

All lighting shall be shielded away from adjacent properties and streets.

Single-family dwellings in the R-3 District shall be permitted subject to all applicable area and bulk regulations for single-family dwellings specified for the R-2 District.

In reviewing the single-family development, the Planning Commission and Board of Supervisors shall consider whether the approval of the single-family development will impede or be incompatible with any future higher density residential development on adjoining R-3 zoned property.

Any parcel reserved for future development in a single-family plan of subdivision shall contain a notation regarding the zoning classification of the parcel and the future potential for construction of single-family attached or multifamily dwellings on the parcel.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's visual impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical and control equipment.

Noise from any facility shall not exceed 50 dBA at the lot line adjacent to any lot in a nonresidential zoning district and 15 dBA at the lot line adjacent to any lot in a residential zoning district, unless the adjacent property owner shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the office of the Recorder of Deeds of Washington County. The decibel measurement shall be taken at the exterior of any occupied structure on any property other than that occupied by the facility. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1, 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

Construction of any facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.

To the extent applicable, all facilities shall comply with the Pennsylvania Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry.

All electrical components of facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Facilities shall not display advertising, except for reasonable identification of the facility manufacturer.

Transmission and power lines shall be placed underground or out of sight.

The following project information shall be submitted to the Township for the proposed solar energy facility.

Preliminary and final land development approval is required for the construction of any solar energy facility when it is the principal use on a site or lot.

All solar energy facilities and any associated accessory equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering.

Secure perimeter fencing shall be installed around the solar energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain link construction with rubberized coating in neutral earth tone colors such as black or brown.

Impacts the neighborhood and adjacent streets, circulation and lots equal to or less than any use specifically listed in the zoning district. In making such determination, the following characteristics shall be considered:

Elevations and site plans must be provided with the application.

Will not endanger the public health and safety if located where proposed and that the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration.

Is in general conformity with the adopted Township Comprehensive Plan and harmony with the area in which it is proposed.

Complies with any applicable standards and criteria specified in this article for the most nearly comparable conditional uses or use by special exception specifically listed in the zoning district in which it is proposed is in compliance with all other standards of this chapter and all other applicable Township ordinances.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's visual impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical and control equipment.

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Noise from any facility shall not exceed 50 dBA at the lot line adjacent to any lot in a nonresidential zoning district and 15 dBA at the lot line adjacent to any lot in a residential zoning district, unless the adjacent property owner shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the office of the Recorder of Deeds of Washington County. The decibel measurement shall be taken at the exterior of any occupied structure on any property other than that occupied by the facility. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1, 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

Construction of any facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Township.

To the extent applicable, all facilities shall comply with the Pennsylvania Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry.

All electrical components of facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Facilities shall not display advertising, except for reasonable identification of the facility manufacturer.

A wind energy facility shall be permitted as the principal use only on lots five acres or greater.

Land development approval is required for the construction of any wind energy facility when it is the principal use on a site or lot.

Setbacks.

Any individual wind energy facility shall be separated from any other wind energy facility by a minimum of 1.1 times the height of the facility, measured from the tips of the blades when the blades are parallel to the ground level.

No moving parts of the wind energy facility shall extend over parking areas, driveways, roads, or sidewalks, except access ways necessary to service the facility.

The color shall be a neutral tone, such as white, off-white, or gray. The facility coloring shall be solid and any alphabetical or numeric characters shall be representative of the facility manufacturer only and shall comprise no more than five square feet.

The following project information shall be submitted to the Township for the proposed wind energy facility:

Decommissioning funds shall be posted and maintained with the Township, in an amount equal to 125% of the estimated decommissioning costs, for as long as the facility exists, regardless of change of ownership of the facility or property on which it sits. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations, and any other associated facilities.

There shall be no components attached to or integral to the facility, such as ladders or steps, that facilitates unauthorized access to the structure.

All access doors to wind energy facilities and electrical equipment shall be located or fenced, as appropriate, to prevent entry by unauthorized persons.

The parcel on which the special event barn is located shall be at least 10 acres in size and able to accommodate all facets of the event within the boundaries of the property.

Special event barns, fixtures, tents and parking, shall be set back at least 50 feet from all property lines.

Any special event barn shall be subject to the following setback requirements:

Any additions or changes to the barn to accommodate the use as a special event barn shall be secondary and shall not drastically alter the visual or material character of the barn except as necessary to provide for safe use by patrons, and all additions or changes shall comply with applicable building codes.

Attendance at a single event at a special event barn shall be limited to no more than 200 persons. Staff for the event (e.g., security, caterers, etc.) shall not be included in the attendance count. The maximum attendance limit at an event may be reduced below 200 persons by the Board of Supervisors as a part of the conditional use approval.

The conduct of the event including fixtures, tents and parking may extend to the grounds but may not extend into the building setback areas.

No more than 24 events per calendar year and no more than two per month shall be permitted at a special event barn, excluding any rehearsal for the same event.

A schedule of event dates shall be provided to the Township on an annual basis and shall be updated periodically such that the information provided shall be accurate as to any upcoming special event to be held at the special event barn.

The applicant shall notify Pennsylvania State Police of each special event 24 hours prior to the start of that event.

A special zoning permit for special event barns shall be required. No special event shall take place without a valid special zoning permit issued to the owner of the special event barn and such permit is invalid upon any single violation of any requirement of this chapter, including, but not limited to, exceeding the permitted number of events annually and the permitted number of attendees, or violation of any condition attached to any conditional use approval granted by the Board of Supervisors. The permit application shall include the following information, at a minimum, and shall be of a form and substance as determined by the Township necessary to determine compliance with the requirements of this chapter:

Parking shall be on the property on which the special event barn is located. Under no circumstances may parking be on state or Township roads, on other public property, or on private property other than that on which the special event barn is located.

No event may begin before 11:00 a.m. or extend past 11:00 p.m., with all attendees to exit the premises by 12:00 midnight.

All entertainment must end at 10:00 p.m.

All entertainment, including but not limited to DJs, music, bands, a dance floor or a stage shall be limited to the interior of the special event barn. Outdoor recreation activities conducted by the attendees shall not be considered entertainment for the purposes of interpreting this section.

If the barn does not include sufficient restroom facilities to meet building code requirements then portable restroom trailers, approved by the Washington County Sewage Enforcement Officer, are required. The restroom trailer(s) must be placed in a location to reduce visibility from public roads and nearby adjacent residential structures.

The owner of the special event barn shall provide bonded, insured on-site independent security guards for each event, and a certificate showing that the special event barn is covered by special event liability insurance shall be displayed at all times.

No sale of food or beverages, including but not limited to, cash bars, concession stands, or other similar sales, is allowed at any event associated with the use of the special event barn.

Alcoholic beverages may be served only as allowed by local and state laws. There shall be no sale of alcoholic beverages.

Signs shall be erected only in accordance with the sign provisions of the Township sign ordinance.

Any structure being used as a special event barn shall be inspected and approved by a certified engineer approved by the Township, and a copy of the engineer's report shall be submitted to the Township prior to the issuance of the special zoning permit. The structure must also be inspected and approved by the Township Building Code Official prior to the issuance of the special zoning permit.

Any changes necessary to accomplish the use as a special event barn (e.g., modifications to the building, driveways, parking areas, etc.) are subject to Chapter 360, Subdivision and Land Development, Chapter 340, Stormwater Management, this chapter, and the Uniform Construction Code, where applicable.

No pyrotechnics may be used in conjunction with activities associated with the special event barn.

Special events may be held only on Fridays, Saturdays, and Sundays.

Trash shall be removed within 48 hours following the end of every special event.

All trash must be stored within a commercial dumpster and dumpster area must be fenced on all sides with wood or vinyl fencing six feet tall.

As part of the conditional use process the Township Supervisors may impose other reasonable conditions and/or restrictions on each special event barn.

Any special event barn that has been damaged or destroyed by fire or other means may be reconstructed and used as before if the restructuring is performed within 12 months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content than did the building that was destroyed.

The parcel on which the special event venue is located shall be at least five acres in size and able to accommodate all facets of the event within the boundaries of the property.

Special event venues, including all fixtures, tents and parking, shall be set back at least 50 feet from all property lines.

Any special event venue as a principal use shall be subject to the following setback requirements:

Attendance at a single event at a special event venue shall be limited to no more than 300 persons. Staff for the event (e.g., security, caterers, etc.) shall not be included in the attendance count.

The conduct of the event including fixtures, tents and parking may extend to the grounds but may not extend into the building setback areas.

Parking shall be on the property on which the special event venue is located. Under no circumstances may parking be on state or Township roads, on other public property, or on private property other than that on which the special event venue is located.

No event may begin before 11:00 a.m. or extend past 11:00 p.m., with all attendees to exit the premises by 12:00 midnight.

All entertainment must end by 10:00 p.m.

All entertainment, including but not limited to DJs, music, bands, a dance floor or a stage shall be limited to the interior of the special event venue. Outdoor recreation activities conducted by the attendees shall not be considered entertainment for the purposes of interpreting this section.

No pyrotechnics may be used.

As part of the conditional use process, the Township Supervisors may impose other reasonable conditions and/or restrictions.

The parcel on which the banquet is located shall be at least five acres in size and able to accommodate all facets of the event within the boundaries of the property.

Banquet halls, including all fixtures, tents and parking, shall be set back at least 50 feet from all property lines.

Any banquet hall shall be subject to the following setback requirements:

Attendance at a single event at a banquet hall shall be limited to no more than 300 persons. Staff for the event (e.g., security, caterers, etc.) shall not be included in the attendance count.

The conduct of the event including fixtures, tents and parking may extend to the grounds but may not extend into the building setback areas.

Parking shall be on the property on which the banquet hall is located. Under no circumstances may parking be on state or Township roads, on other public property, or on private property other than that on which the banquet hall is located.

No event may begin before 11:00 a.m. or extend past 11:00 p.m., with all attendees to exit the premises by 12:00 midnight.

All entertainment must end by 10:00 p.m.

All entertainment, including but not limited to DJs, music, bands, a dance floor or a stage shall be limited to the interior of the special event venue.

No pyrotechnics or open fires may be used.

As part of the conditional use process, the Township Supervisors may impose other reasonable conditions and/or restrictions.