Visibility at intersections. The following shall apply to all:

Stripping of topsoil, excavation of clay, sand, gravel or rock. Soil or sod may be removed only under the following circumstances:

Exceptions to maximum height requirements.

Outdoor storage prohibition. Junkyards as defined by this chapter shall hereafter be permitted only in the I-1 Industrial District.

Farm regulations. Agriculture, farmhouses and usual farm buildings shall be permitted without restriction except as follows: the minimum size of a farm shall be considered as 10 acres; farm buildings shall not be constructed closer than 50 feet to a front property line; no manure storage shall be established closer than 100 feet to any property line; there shall be no more than one additional dwelling for each 10 acres of farm; all other new construction shall also conform to setback requirements; and mushroom farms are permitted as an agricultural use, by special exception in an R-1 District.

Sale of farm products. The display and sale of farm products in R-1, R-2 and C-1 Districts shall be permitted provided that: a setback of 30 feet is observed for all buildings; parking space for at least three cars shall be provided behind the highway right-of-way line and the sale of farm products shall be conducted from a portable stand, dismounted at the end of the growing season (April 1 to December 1).

Location of satellite dish antennas. In all residential districts except R-1, satellite dish antennas four feet in diameter or larger are prohibited from being placed in the front yard.

Family care, group homes and halfway houses/rehabilitation centers.

Minimum lot size for on-lot sewage disposal. Lot size in all districts with on-site sewage disposal shall not be less than one acre.

Height limitation for flagpoles. In all districts the maximum height for a flagpole shall be equivalent to the maximum building height.

§ 175-1002.1. Prerequisites for approval of conditional use.

Criteria, conditions and modifications. A conditional use permit may be granted by the Township Supervisors upon recommendations of the Township Planning Commission subject to the following:

No approved conditional use shall be modified, structurally enlarged or expanded in ground area unless the site plan is amended and approved in accordance with procedure applicable to initial approval of the conditional use permit.

Buffer yards.

The acceptance of the deed to such land by the Township, by the school district or by the Park and Recreation Board.

The sale, lease or other disposition of such property to a private or nonprofit corporation chartered under the laws of Pennsylvania to administer and maintain the facilities subject to an acceptable deed restriction limiting eventual disposition of said property for the purposes stated in the articles of incorporation.

The inclusion of a portion of said property in the deed descriptions of the individual purchasers of subdivision subject to an acceptable deed restriction limiting eventual disposition of that portion to be used for the purposes outlined in the plan submitted to the Township Planning Commission. Access rights for all residents within the development shall be guaranteed.

Screening (C-1 and I Districts). A planted visual barrier or landscape screen shall be provided between any district and contiguous residentially zoned districts. This screen shall be composed of plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of trees planted with specimens no smaller than five feet in height and planted at intervals of not more than 10 feet. The low-level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low-level screen shall be placed in alternating rows to produce a more effective barrier. All plants not surviving three years after planting must be replaced at the expense of the property owner. The Supervisors, at their option, may require construction of a visual barrier to properly protect adjacent residential areas.

Storage (C, OB and I Districts). All storage shall be completely screened from view from any public right-of-way and any residential district which abuts the district. Screening shall consist of an evergreen planting or an architectural screen. All organic rubbish or storage shall be contained in an airtight, vermin-proof container which shall also be screened from view from any public right-of-way or abutting residential district. The exterior storage of tractor trailers which supply or service establishments in the district shall be prohibited.

Landscaping (R-3, C, OB and I Districts).

Access and traffic control.

Interior circulation for C, OB and I Districts.

Shopping cart storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designed storage area shall be clearly marked for storage of shopping carts.

Specific intent. In addition to the general goals stated in § 425-2, the purpose of this section is to prevent the erection of dwellings in areas unsuitable for building sites; to minimize danger to public health by protecting watersheds; to discourage erosion of soils by maintaining adequate foliage cover on hills; and to promote the perpetuation of open space on hillsides; to prevent erection of buildings on floodplain areas (See Article V).

Designation of area. Areas to be regulated under this section shall be indicated generally on a topographical map maintained by the Planning Commission and available to the Zoning Officer. The general areas where slope conditions appear to exist shall be indicated on this map.

Procedures.

Use regulations. The following uses are the only uses permitted in areas subject to slope controls:

Special exceptions. Single-family residences or a portion thereof may be constructed on a slope which grade exceeds 25% if the building is constructed in such a manner which does not disturb the existing grade and natural soil conditions. An applicant requesting such a special exception shall comply with the requirements of § 425-82C of this chapter. In addition, the applicant shall supply the Zoning Hearing Board with the following:

Loading and unloading space for one vehicle shall be at least 12 feet wide, 45 feet long and shall have at least a fourteen-foot vertical clearance; loading and unloading spaces shall have paved surfaces to provide safe and convenient access during all seasons; loading facilities shall not be constructed within an area bounded by a triangle 25 feet on each side, measured from the joining point of street lines, in such a manner as to obstruct vision. Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.

Required off-street loading berths for new construction, enlargement or change in use.

Purpose. To encourage the orderly physical development of the Township throughout the compatible arrangement of buildings, off-street parking, lighting, drainage, ingress and egress on the site in a manner that will promote safety and convenience for the public and preserve property values to surrounding properties.

When required. Before a building permit is issued for the erection or alteration of a structure or building or the occupancy of a lot, parcel, property or properties or the excavation, filling, grading etc. of the site, a suitable site plan shall be submitted and approved as set forth herein by the Township Supervisors. No use permitted in a zoning district for which a site plan is required other than a use existing at the time of zoning of the applicable land shall be commenced until a suitable site plan has been submitted and approved as set forth herein by the Township Supervisors and all conditions of the site plan have been satisfied. If any building used for commercial or industrial activity is unoccupied or not used for a period of one year, its existing use after the one year period shall be considered vacant and any new tenant or use that subsequently occurs will be considered a change in use that must conform to site plan requirements.

Exceptions. Uses by right in the A-1, R-1 and R-2 Districts are hereby expressly excepted from the provisions hereof.

Procedure.

Contents of the site plan. The property owner or agent shall submit four copies of maps, drawings and materials necessary to meet the following requirements.

Conditions of approval. The Township Planning Commission shall find that the following conditions been met before recommending approval:

Assurance of performance. An occupancy permit shall be issued when the provisions of this chapter are complied with and the approved landscaping, fencing, off-street paving, drainage and any other specific condition of the site plan have been completed. If weather or other unforeseen conditions prohibit compliance, the applicant may request and be issued a temporary occupancy permit for no longer than a six-month period. Any further extension of the temporary permit shall be determined by Township Supervisors.

Change of an approved site plan. An applicant who proposes to change an approved site plan may do so only under the following conditions and procedures:

Conduction of business on approved site plan lot without meeting site plan conditions. On a parcel of land having an approved site plan, the initiation of any activity or use shall not take place before all of the conditions of the site plan and other provisions of this chapter have been satisfied. Such conduct of an activity or use without compliance with site plan conditions and/or this chapter provision shall be considered a violation of this chapter, except in cases where weather or seasonal conditions require an extension of time.

DEP approval of the planning modules associated with a land development plan must occur prior to the issuance of any building permit for the land development. All land development plans must contain the following note that acknowledges the need for planning module approval prior to construction: "DEP Planning Module approval must occur prior to a building permit being obtained for any construction related to this land development plan."

Bed-and-breakfast regulations. A bed-and-breakfast, an owner-occupied single-family dwelling providing, for compensation, sleeping accommodations and breakfast for transient guests, shall be permitted in the A-1 Rural, R-1 Rural Residence, R-2 Low-Density Residence, PC Planned Community and the residential area within the PAD Planned Airport Zoning Districts, subject to the following regulations:

Specific intent. In addition to the general goals listed in § 425-2, it is the purpose of this section to achieve the following:

Review and permitting.

Location, area and bulk requirements.

Design and construction.

Fencing and screening of facilities.

Access and parking.

Signs. Signs for telecommunications facilities shall conform to the requirements of Chapter 282 (Signs). In addition, the following requirements shall apply:

Purpose.

General requirements. Outdoor off-street lighting shall meet one of the following standards (as recommended by the Illuminating Engineering Society):

Illumination requirements.

Recreational sports facilities lighting. Recreational sports facilities are areas designed for active recreation, whether publicly or privately owned, including but not limited to: baseball diamonds, soccer and football fields, basketball courts, golf courses, tennis courts, swimming pools, and any other outdoor area where the primary use is the pursuit of an athletic activity.

No-impact home-based business. A no-impact home-based business is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicle or pedestrian, pickup, delivery, or removal functions to or from the premises, more than those normally associated with residential use. Business or commercial activity must satisfy the following requirements:

Low-impact home-based business. A low-impact home-based business is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the primary use as a residential dwelling and which involves minimal customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to or from the premise, in excess of those normally associated with the primary residential use. Business or commercial activity must satisfy the following requirements:

Purpose. These regulations have been enacted to provide for the health, safety and welfare of residents and visitors to Patton Township by regulating special events and temporary uses which require special services provided by the Township, such as police, traffic control, special parking requirements, ambulance, fire or emergency services, or other services, to provide for the health, safety and welfare of persons attending such special events, the residents of the Township, neighbors and any others who may be affected by special events and temporary uses. These regulations shall provide requirements that pertain to those unique circumstances that generally accompany a special event or temporary use.

Applicability.

Definitions. The definitions set forth below shall be applicable to this section.

Procedures.

Approvals and responsibilities – Special events.

Approvals – Temporary uses.

Temporary uses permitted. A permit shall be required for the following temporary uses, which shall only be permitted in the zoning districts specified for each use and in accordance with the standards of this section. Unless specifically prohibited herein, a temporary use not listed below shall not be considered prohibited but shall be reviewed for its similarity to other uses consistent with the applicable zoning district.

Activities not requiring a permit. The following activities shall not require a permit, provided that no public nuisance is created by any such activity. No activity shall in any way disrupt the normal flow of traffic or otherwise interfere with any public right-of-way. Any such temporary use shall be limited to no more than three consecutive days and limited to no more than two occasions per year, per parcel.

Temporary uses prohibited. Any use not specifically permitted in accordance with these regulations shall not be deemed to be prohibited but shall be considered on the basis of its similarity to another use included herein. Any temporary use proposing to conduct an activity which is not permitted in the zoning district within which it is proposed shall be prohibited unless otherwise approved by the Board of Supervisors.

Temporary use location. In addition to the zoning districts identified in Table 1,[2] a temporary use may be permitted in another district not listed, provided that the proposed use and location are consistent with the character of adjacent land uses and a written agreement with the adjacent landowners is provided.

General standards. The following standards shall apply to all temporary uses:

Nuisances. No activity conducted as part of a temporary use shall prevent any adjacent or local landowner from enjoying the full use of their property, nor shall it endanger their health, safety or welfare. Nuisances include, but may not be limited to the following:

Parking. Parking shall be provided for temporary uses in accordance with the following. Parking spaces shall be of the size and dimensions required in § 350-49, Off-street parking regulations.

Fees. Unless exempt from the fee, a temporary use application shall be accompanied by a permit fee in an amount established by resolution of the Board of Supervisors and as per the Patton Township Fee Schedule.[3] An application will not be considered complete until the appropriate fee has been submitted.

Violations and penalties. Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.