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Rapho Township City Zoning Code

ARTICLE V

General Regulations

§ 350-501 Applicability.

Unless otherwise specified in Article V below and elsewhere in this chapter, the regulations contained in Article V of this chapter shall apply to all uses within Rapho Township.

§ 350-502 Accessory alternative energy systems.

Accessory alternative energy systems shall be permitted in all zones subject to the following regulations:
A. 
Geothermal energy systems shall be permitted in all zones subject to the following regulations:
(1) 
The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air-Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply to the most recent version of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho and with all other applicable Township requirements. The manufacturer specifications shall be submitted as part of the application.
(2) 
Only the following types of geothermal energy systems shall be permitted:
(a) 
Closed horizontal loop;
(b) 
Closed vertical loop; and
(c) 
Open horizontal loop systems relying upon injection wells or watercourses.
(3) 
Unless otherwise specified, geothermal system shall comply with the accessory use and structure required yard setbacks for the applicable zone.
(4) 
For closed-loop systems, the following shall apply:
(a) 
For all closed-loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids such as food grade propylene glycol shall be permitted.
(b) 
All horizontal closed-loop systems shall be no more than 20 feet deep.
(5) 
For open horizontal-loop systems, the following shall apply:
(a) 
Water extraction.
[1] 
Open-loop systems may utilize a watercourse to the extent permissible under federal, state, or local municipal laws or regulations.
[2] 
All open-loop systems which extract water from groundwater sources shall comply with extraction limitations set for potable water wells under federal, state, or local municipal laws or regulations. Installation requirements for extraction wells shall be the same as those for potable water wells, with respect to those regulations designed to prevent aquifer contamination (grouting, etc.), or in conformance with IGSHPA standards, as determined by the Township Engineer.
(b) 
Discharge of water.
[1] 
Discharge of water from open-loop systems into sanitary sewer systems shall be prohibited, except upon approval by the sanitary sewage system provider.
[2] 
Discharge of water from open-loop systems into storm sewers shall not be permitted.
[3] 
Discharge of water from open-loop systems into a watercourse shall require certification by a licensed professional engineer registered by the Commonwealth of Pennsylvania that the design of the watercourse is such that the watercourse can be expected to retain its capacity to meet the needs of the geothermal system over the lifetime of the system and of any other water discharges for which it is used.
[4] 
Discharge of water from open-loop systems into a watercourse, shall comply with all federal, state, or local municipal laws or regulations.
[5] 
Underground injection of water discharge from an open-loop system shall be subject to the following conditions:
[a] 
Returned water shall contain no treatment additives or other introduced chemicals.
[b] 
The return well shall be located a minimum distance of 200 feet from wells on adjacent properties.
[c] 
The return well shall be located a minimum distance of 100 feet from the on-site well.
[d] 
The return well shall recharge the groundwater from which supply water is extracted.
[e] 
Because such return wells are included as "Class V Underground Injection Wells," the applicant shall submit an "Inventory of injection Wells" form, available from the U.S. Environmental Protection Agency and shall comply with all federal, state, or local municipal laws or regulations.
[6] 
The use of open-loop systems within identified wellhead protection areas is prohibited.
B. 
Solar energy systems shall be permitted as accessory uses in all zones subject to the following regulations:
(1) 
The design and installation of solar energy systems shall conform to the most recent version of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho, and with all other applicable Township requirements.
(2) 
The design and installation of accessory solar energy system shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations. The manufacturer specifications shall be submitted as part of the application.
(3) 
For the purposes of this chapter, all "at grade" or "above grade" features and facilities relating to ground-mounted and/or freestanding solar energy systems including solar photovoltaic cells, panels, or arrays, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing, and foundations shall be considered impervious surface and subject to the maximum lot coverage requirements of the applicable zone, unless the applicant can demonstrate by credible evidence that stormwater will infiltrate into the ground beneath the solar collection systems at a rate equal to that of the infiltration rate prior to placement of the system.
(4) 
All solar energy systems shall be attached to a building, or located on an improved surface. If not designed to be attached to the building, the applicant shall demonstrate by credible evidence that such systems cannot feasibly be attached to a building due to structural and/or operational limitations of the building.
(5) 
All solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.
(6) 
To the extent feasible, all on-site utility and transmission lines shall be placed underground.
(7) 
No part of any solar energy system shall be located within or above any front yard, along any lot frontage, nor within any accessory use and structure required yard setbacks for the applicable zone.
(8) 
All ground-mounted and/or freestanding solar energy systems shall be located a minimum distance of one and one tenth (1.1) times the height of the highest point of the solar collection system, from any inhabited structure not located on the lot on which the solar energy system is proposed, lot line or overhead utility line.
(9) 
Solar energy systems mounted on the roof of any building shall be subject to the maximum height regulations specified within the applicable zone.
(10) 
Solar energy systems which are ground-mounted or freestanding detached from the principal or accessory structure shall not exceed 15 feet in height.
(11) 
All applications for solar energy systems shall include the information required for approval pursuant to Article IX of this chapter relating to zoning permits (§ 350-902). In addition, the applicant shall submit:
(a) 
A completed glare study ensuring that reflective glare is not directed towards nor upon any adjacent properties or adjacent street rights-of-way. The glare study shall include:
[1] 
Angle of the solar energy system panels at the location;
[2] 
A diagram showing the maximum and minimum angles of reflective glare from the solar energy system panels at the location and the relationship of that glare to adjacent properties, structures and rights-of-way; and
[3] 
Mitigation plan that limits or eliminates reflective glare on adjacent properties, structures, and rights-of-way.
(b) 
Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the proposed installation of the solar energy system will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with any solar energy system, and applicable requirements of the most recent version of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho;
(c) 
Confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement; and
(d) 
A plan for the removal of the solar energy system when it becomes functionally obsolete or is no longer in use. The owner shall be responsible for the removal of the system within 180 days from the date the applicant ceases use of the system or the system becomes obsolete. It shall be presumed that the solar energy system is obsolete or is no longer in use if no electricity is generated for a continuous period of 180 days.
C. 
Wind energy systems shall be permitted as accessory uses in all zones, subject to the following regulations:
(1) 
The design and installation of wind energy systems shall be in strict accordance with the most recent version of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho, and with all other applicable Township requirements.
(2) 
The design and installation of all wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, or as approved under an emerging technology program such as the California Energy Commission, International Electotechnical Commission, or any other wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. The manufacturer specifications shall be submitted as part of the application.
(3) 
No more than one wind energy system shall be permitted per lot.
(4) 
Wind energy systems shall not generate noise that is perceptible at the lot line. This regulation may be exceeded during short-term events such as utility outages and/or severe wind storms.
(5) 
To the extent feasible, all on-site utility and transmission lines shall be placed underground.
(6) 
No part of any accessory wind energy system shall be located within or above any front yard, along any lot frontage, nor within any accessory use and structure minimum required yard setbacks for the applicable zone.
(7) 
All wind energy systems shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure not located on the lot on which the wind energy system is proposed, lot line or overhead utility line.
(8) 
No portion of any wind energy system shall extend over parking areas, access drives, driveways or sidewalks.
(9) 
The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground. If the wind turbine proposed is a vertical axis wind turbine (also referred to as a "helix-type" turbine or VAT), the height between the lowest point of the turbine and the ground may be reduced to eight feet.
(10) 
Wind energy systems shall not display advertising, except for reasonable identification of the accessory wind energy system's manufacturer. Such sign shall have an area of less than four square feet.
(11) 
When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet, and shall comply with the accessory building requirements specified within the applicable zone.
(12) 
All applications for wind energy systems shall include the information required for approval pursuant to Article IX of this chapter relating to zoning permits (§ 350-902). In addition, the applicant shall submit:
(a) 
A plot/site plan showing:
[1] 
Lot lines and physical dimensions of all areas of the subject property that are within a distance equal to two times the total height of the wind energy system.
[2] 
Location, dimensions, and types of existing principal and accessory structures on the property.
[3] 
Location of the proposed wind energy system tower, foundations, guy anchors, and associated equipment.
[4] 
The rights-of-way of any public street adjoining the lot.
[5] 
Any overhead utility lines.
(b) 
Wind energy systems system specifications, including manufacturer and model, rotor diameter, tower height, and tower type, freestanding or guyed;
(c) 
Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of the most recent version of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho. A copy of the foundation analysis shall also be provided;
(d) 
Confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement; and
(e) 
A plan for the removal of the wind energy system when it becomes functionally obsolete or is no longer in use. The owner shall be responsible for the removal of the system within 180 days from the date the applicant ceases use of the system or the system becomes obsolete. It shall be presumed that the wind turbine is obsolete or is no longer in use if no electricity is generated for a continuous period of 180 days.

§ 350-503 Accessory vehicle service/repair of noncommercial motor vehicles.

Accessory vehicle service/repair of noncommercial motor vehicles shall be permitted in all zones subject to the following regulations:
A. 
All vehicles shall be maintained with current, valid registration and inspection as applicable.
B. 
All work shall be performed on the vehicle owner's (lessee's) lot of residence.
C. 
Work shall be limited to the following:
(1) 
Servicing and replacement of spark plugs, batteries, distributors and distributor parts.
(2) 
Repair and replacement of tires and wheels, excluding recapping or re-grooving.
(3) 
Replacement of water hoses, fan belts, brake fluids, transmission fluid, oil filters, air filters, oil, grease, light bulbs, fuses, floor mats and carpeting, seat covers, seat belts, windshield wipers, mirrors, and engine coolants.
(4) 
Repair and replacement of car radios, tape players, amplifiers, and speakers.
(5) 
Cleaning and flushing of radiators.
(6) 
Repair and replacement of fuel pump, oil pump, and line repairs.
(7) 
Minor servicing and adjustment of carburetors.
(8) 
Minor motor adjustments not involving the removal of the motor head or crankcase, nor the revving of the motor.
(9) 
Minor body repairs, excluding the replacement of body parts, the complete repainting of the body and the application of undercoating.
(10) 
Cleaning of all exterior and interior surfaces, including washing, shampooing, vacuuming, rubbing, polishing, waxing, and the application of paint sealants.
D. 
All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of.
E. 
All such activities shall be appropriately operated and maintained to protect the existing neighborhood and nearby residential uses from detrimental noise, disturbance, or interruption.
F. 
No compressed-air-driven tools shall be utilized.
G. 
No vehicle shall be stored in a "jacked-up" position, on blocks, or other similar type of lift or support equipment in the: front yard; nor any accessory use and structure minimum required yard setbacks for the applicable zone; for more than 30 days, unless stored within a completely enclosed building.

§ 350-504 Clear sight triangle.

Clear sight triangles shall be provided in all zones subject to the following regulations:
A. 
Clear sight triangles shall comply with the applicable design and construction standards and requirements of the SLDO. Deviations from the standards and requirements listed in the SLDO that are proposed during the:
(1) 
Subdivision/land development process shall be permitted to be requested and may be permitted as a modification according to the SLDO.
(2) 
Zoning permit process that do not involve subdivision/land development review shall be permitted to be requested and may be permitted as a variance according to the provisions for a variance set forth in Article VIII of this chapter relating to variances in Zoning Hearing Board's functions (§ 350-805C).
B. 
No structure, planting, excavation, nor other visual obstruction shall be permitted at a height greater than 30 inches and below 10 feet within such area.
C. 
A public right-of-way shall also be reserved for the purpose of removing any visual obstruction within the clear sight triangle.
D. 
Clear sight triangle distances.
(1) 
Street and access drive clear sight triangle. There shall be provided and maintained a clear sight triangle a minimum of 100 feet as measured along the center line from the intersecting streets (including corner lots) and access drives. (See Figure 5-4.1.)
350 Figure 5-4-1.tif
FIGURE 5-4.1
STREET AND ACCESS DRIVE CLEAR SIGHT TRIANGLE
(2) 
Driveway clear sight triangle. There shall be provided and maintained a clear sight triangle including two apexes of the triangle located in both directions measured along the center line of the street intersecting with the driveway, each a minimum of 75 feet, and a vertex of the triangle measured along the center line of the driveway, a minimum of five feet from the adjoining street right-of-way line. (See Figure 5-4.2.)
350 Figure 5-4-2.tif
FIGURE 5-4.2
DRIVEWAY CLEAR SIGHT TRIANGLE

§ 350-505 Common open space requirements.

In those instances where common open space is required elsewhere in this chapter and/or the SLDO (as applicable), or when an applicant proposes the use of common open space, in all zones said common open space shall comply with the following requirements:
A. 
Required open space design. Required open space shall be designed and arranged to achieve a minimum of one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:
(1) 
Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).
(2) 
Protection of important historical and/or archaeological sites;
(3) 
Provision of usable play and recreation areas that are conveniently accessible to residents within the development and Rapho Township.
(4) 
Integration of greenbelts throughout the development that link residences with on-site or adjoining parks, schools or other similar features and community resources.
B. 
Ownership and maintenance. An essential element of the provision of open space is a written description regarding its ownership and/or disposition. Such ownership and/or disposition shall be accomplished through one of the following:
(1) 
An offer of dedication to the Township of Rapho. The Township of Rapho shall not be obligated to accept dedication of the common open space.
(2) 
With permission of the Township of Rapho, and with appropriate deed restrictions in favor of the Township of Rapho and in language acceptable to the Township Solicitor, the developer may transfer ownership of the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the preservation of open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land, and the organization must enter into a maintenance agreement with the Township of Rapho.
(3) 
The developer shall provide for and establish an organization for the ownership and maintenance of the common open space which shall be generally consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the agreements of sale and deeds for all lots shall contain the following requirements in language acceptable to the Township Solicitor:
(a) 
Such organization shall not dispose of the common open space by sale or otherwise, except to the Township of Rapho unless the Township of Rapho has given prior written approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this chapter.
(b) 
The organization and all lot owners shall enter into a maintenance agreement with the Township of Rapho and shall agree to be bound by the provisions of Article VII of the MPC[1] relating to the maintenance of deteriorating common open space by municipalities.
[1]
Editor's Note: See 53 P.S. § 10701 et seq.
(c) 
The Township of Rapho may require the establishment of a reserve fund to which the Township shall be named designated beneficiary, to provide for maintenance of or capital improvements to the common open space.

§ 350-506 Conservation plan.

In those instances where a conservation plan is required elsewhere in this chapter, in all zones said conservation plan shall comply with the following requirements:
A. 
Certified conservation plans are required for agricultural operations, agribusinesses, forestry (commercial timber operations), or other similar agricultural/forestry uses involving earthmoving activities as required by Title 25 of the Pennsylvania Code, Chapter 102 relating to Erosion and Sediment Control.
B. 
Conservation plans shall be prepared by a Certified Conservation Planner or the applicant, as applicable.
C. 
Certified conservation plans shall be submitted to the Township of Rapho.

§ 350-507 Cross access and maintenance agreement and deed restriction.

In those instances where a cross access and maintenance agreement and deed restriction is required elsewhere in this chapter and/or the SLDO (as applicable), or when an applicant proposes the use of a shared driveway, shared access drive, parking, and loading facility, or other similar shared or shared improvement, in all zones, such shared or shared facilities and improvements shall comply with the following requirements:
A. 
Said facilities shall be owned, maintained, and repaired by users of the facilities, as applicable, in accordance with a cross access and maintenance agreement in language acceptable to the Township Solicitor, approved by the Township of Rapho, and recorded in the Office of the Recorder of Deeds of Lancaster County.
B. 
Two copies of the cross access and maintenance agreement must be submitted to the Township of Rapho as well as two copies of an appropriate deed restriction. The cross access and maintenance agreement and deed restriction shall establish responsibility for the ownership, use, maintenance, and repair of the facility and improvements including mowing, snow and ice removal, maintenance of the clear sight triangle and the pavement and base improvements and drainage facilities. References to said cross access and maintenance agreement and deed restriction shall be provided on the plans and recorded.

§ 350-508 Donation dropoff bins.

Donation dropoff bins shall be permitted in all zones subject to the following regulations:
A. 
Donation dropoff bins shall be a permitted accessory use to a permitted principal nonresidential use.
B. 
Donation dropoff bins shall be limited to those owned or operated by charitable or nonprofit organizations.
C. 
Each donation dropoff bin shall:
(1) 
Be of the type that each is enclosed by use of a firmly closing receiving door or lid and remains locked so that the donated items may not be accessed by persons other than those responsible for the retrieval of the donated items;
(2) 
Have a maximum capacity of six cubic yards;
(3) 
Have a maximum height of seven feet;
(4) 
Be clearly marked:
(a) 
To identify:
[1] 
The specific items and materials requested to be left for donation;
[2] 
The name of the operator or owners of the donation container; and
[3] 
A telephone number where the owner, operator or agent of the owner or operator may be reached at any time.
(b) 
To include a notice stating that no items or materials shall be left outside of the donation dropoff bin.
D. 
All donated items must be stored within the donation dropoff bin. Donated items shall not be left outside of donation dropoff bins.
E. 
Each donation dropoff bin shall be regularly emptied of its contents so that it does not overflow, resulting in the donated items being strewn about the lot or upon any adjoining lot or street right-of-way. Donated items left outside of a donation dropoff bin shall be considered litter in and in violation of Article V of this chapter relating to litter (§ 350-514).
F. 
Each donation dropoff bin and the area around each donation dropoff bin shall be maintained by the owner or operator of the donation dropoff bin, or the property owner, and kept free of litter and any other undesirable items or materials.
G. 
The maximum number of donation dropoff bins permitted per lot shall be two.
H. 
Donation dropoff bins shall:
(1) 
Comply with the accessory use and structure minimum required yard setbacks for the applicable zone, except that such containers may be located within front yards, provided they are at least 10 feet from any adjoining street right-of-way line.
(2) 
Be permitted to be located:
(a) 
On sidewalks (excluding sidewalks within the public right-of-way), under canopies, or other in an area immediately adjacent to the principal building's front building wall or storefront, provided that such location provides clear pedestrian access (sidewalk or other area) at least eight feet wide adjoining the principal building's front building wall or storefront; or
(b) 
Within a parking lot, provided that such location does not occur within any area for required vehicular circulation, parking, and loading, or emergency vehicle access (e.g., fire lanes).
I. 
The applicant shall submit an hours of operation and management plan in accordance with application for zoning permits for nonresidential uses in zoning permits demonstrating how on-site activities are appropriately scheduled, operated, and maintained to protect the existing neighborhood and nearby residential uses from detrimental noise, disturbance, or interruption.
J. 
This use shall comply with all of the applicable Township of Rapho, county, state and federal statutes, laws, ordinances, regulations, and requirements.

§ 350-509 Fences and walls.

Fences and walls shall be permitted in all zones subject to the following regulations:
A. 
Fences and walls are not subject to yard or minimum yard setback requirements, but fences and walls shall be located completely within the lot boundary.
B. 
Fences and walls shall be durably constructed and well-maintained. Fences and walls that have deteriorated parts and materials shall be replaced or removed.
C. 
No fence or wall shall obstruct the clear-sight triangle requirements set forth in Article V of this chapter relating clear sight triangle (§ 350-504).
D. 
No fence of wall shall block motorist view of vehicles entering or exiting the lot.
E. 
In the Agricultural and Rural Zones, Residential Zones, and (CC) Zone, no fence or wall shall be erected to a height more than:
(1) 
Three feet along front lot line and along the side lot lines to a distance of 25 feet back (in depth) from the front lot line or in the front yard, whichever is a lesser distance, except as provided for the keeping of livestock as set forth in the subsection below (§ 350-509G); and
(2) 
Six feet in any side or rear yard.
F. 
In the (MUC) Zone and Business Zones, no fence or wall shall be erected to a height of more than 10 feet in any yard.
G. 
For the purposes of keeping of livestock, fences shall be permitted to be no more than 4 1/2 feet in height along the front lot line and along the side lot lines to a distance of 25 feet back (in depth) from the front lot line or in the front yard, whichever is a lesser distance, as long as the fence has a minimum of 50% open area (compared to structural area [post, rails, slats or boards, etc.]).

§ 350-510 Forestry (commercial timber operations).

The cutting of trees for the personal use of the landowner or for precommercial timber stand improvement shall be permitted in all zones. But where the value of the sale of trees, logs, or other timber products removed exceeds $1,000, the operation shall be considered Forestry (Commercial Timber Operations) permitted in all zones, subject to the following regulations:
A. 
Site layout and design.
(1) 
Timber harvesting practices shall protect nearby structures and utility lines.
(2) 
Felling or skidding on or across any public street right-of-way is prohibited without the express written consent of the Township or PennDOT, whichever is responsible for maintenance of the public street.
(3) 
No tops or slash shall be left within 25 feet of any adjoining street right-of-way line (or easement as applicable) line providing access to an adjoining residential lot.
(4) 
All tops and slash shall be lopped to a maximum height of four feet above the ground in the following circumstances:
(a) 
Between 25 feet and 50 feet from a public or private street right-of-way (or easement as applicable) providing access to an adjoining residential lot; and
(b) 
Within 50 feet of a lot line of an adjoining residential use.
(5) 
No tops or slash shall be left on or across any lot line without the consent of the owner thereof.
(6) 
Litter resulting from a timber operation shall be removed from the site before it is vacated by the operator.
B. 
Applications. All applications for timber operations shall include the information required for approval pursuant to Article IX of this chapter relating to zoning permits (§ 350-902). In addition, the applicant shall:
(1) 
Specify the:
(a) 
Land on which harvesting will occur;
(b) 
Expected size of the harvest area;
(c) 
Anticipated starting or completion date of the operation, as applicable; and
(2) 
Provide written notification information including:
(a) 
Any streets affected, dates of affect, plans to restore any damages to streets and contact information for the timber operations submitted to owners of land adjoining the street right-of-way used to access the site.
C. 
Preparation of a logging plan. Every landowner on whose land timber operation is to occur shall prepare and submit a written logging plan as set forth in the subsection below relating to contents of a logging plan (§ 350-510E), and shall submit the logging plan as part of the information required for approval pursuant to Article IX of this chapter relating to zoning permits (§ 350-902). The provisions of the logging plan shall be followed throughout the operation. The logging plan shall be available at the timber operation site at all times during the timber operation and shall be provided to the Township Zoning Officer upon request.
D. 
Responsibility for compliance of a logging plan. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
E. 
Contents of the logging plan.
(1) 
At a minimum, the logging plan shall include the following:
(a) 
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.
(b) 
Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars.
(c) 
Design, construction and maintenance of stream and wetland crossings.
(d) 
The general location of the proposed operation in relation to streets, including any accesses to those streets.
(2) 
Each logging plan shall include a site map containing the following information:
(a) 
Site location and boundaries, including both the boundaries of the lot on which the timber operation will take place and the boundaries of the proposed harvest area within that lot.
(b) 
Significant topographic features related to potential environmental problems.
(c) 
Location of all earth disturbance activities such as roads, landings and water control measures and structures.
(d) 
Location of all crossing of waters of the commonwealth.
(e) 
The general location of the proposed timber operation to streets, including any accesses to those streets.
F. 
Compliance with state laws and regulations. The logging plan shall address and comply with the requirements of all applicable state laws and regulations, including, but not, limited to, the following:
(1) 
Soil Erosion and Sedimentation Control regulations and standards of the LCCD and/or PA DEP requirements.
(2) 
Stream crossing and wetlands protection regulations of PA DEP and/or the USACE.
(3) 
This use shall comply with all of the applicable Township of Rapho, county, state and federal statutes, laws, ordinances, regulations, and requirements.
G. 
Relationship of state laws, regulations, and permits to the logging plan. Any permit required by state laws and regulations shall be attached to and become part of the logging plan. A Soil Erosion and Sedimentation Control plan that satisfies the requirements of Section 25 Pennsylvania Code, Chapter 102, shall also satisfy the minimum requirements for the logging plan and associated site map, provided that all information required by these subsections is included or attached.
H. 
Responsibility for road maintenance and repair and road bonding. The landowner and/or the operator shall be responsible for repairing any damage to streets caused by traffic associated with the timber operation pursuant to the provisions of Section 67 Pennsylvania Code, Chapter 189, hauling in excess of posted weight limit. The landowner and/or operator may be required to furnish a bond to guarantee the repair of any such damage, pursuant to the said provisions of the Pennsylvania Code.

§ 350-511 Garage/yard sales.

Garage/yard sales shall be permitted in all zones, subject to the following regulations:
A. 
The owner and/or occupant of the lot may conduct up to two garage/yard sales per calendar year.
B. 
No garage/yard sale shall be conducted for a period longer than three consecutive days.
C. 
Garage/yard sales may offer for sale personal possessions; but no import or stocking of inventory shall be permitted.
D. 
Permitted signs shall comply with Article V of this chapter relating to signs (§ 350-528).
E. 
Garage/yard sales shall comply with the accessory use and structure required yard setbacks for the applicable zone, except that they may be located in the front yard and have a minimum front yard setback equal to the minimum side yard setback.
F. 
The conduct of garage/yard sales beyond the extent described in the subsections above (§ 350-511A through E) represents a commercial business and requires appropriate zoning authorization.

§ 350-512 Height limit exceptions/modifications.

Height limit exceptions/modifications shall be permitted in all zones subject to the following regulations:
A. 
The height regulations of the applicable zones do not apply to the following structures or projections (excluding signs), provided such structures or projections are set back a minimum horizontal distance equal to their height from any lot line:
(1) 
Agricultural structures and equipment, and other similar structures when located upon and used as part of an agricultural operation or agribusiness.
(2) 
Water towers, antennas, utility poles, place of worship steeples, smokestacks, chimneys, flagpoles, or other similar structures.
(3) 
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances.
(4) 
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roof line.
B. 
The height regulations of the applicable zones may be modified in accordance with the following standards:
(1) 
In all zones, residential accessory structures and uses. See Article III of this chapter relating to the accessory use area and bulk requirements for the applicable zone.
(2) 
In the business zones, provided such structures (excluding signs) and uses are set back a minimum horizontal distance equal to their height from any lot line. In:
(a) 
The (CR) and (HC) Zones, structures and uses shall be permitted a maximum height of 50 feet.
(b) 
The (IND) Zone, structures and use shall be permitted a maximum height of 75 feet.
C. 
Height regulations of the applicable zones shall not apply to the following structures, provided the structures comply with the specific height regulations for the use set forth below and elsewhere in this chapter:
(1) 
Telecommunications towers as set forth in Article VI of this chapter relating to telecommunications tower in nonresidential uses-miscellaneous use regulations § 350-607E;
(2) 
Wind energy systems as set forth in Article V of this chapter relating to accessory alternative energy systems (§ 350-502C) and Article VI of this chapter relating to wind energy production facility in nonresidential uses-miscellaneous use regulations (§ 350-607F); and
(3) 
Structures as part of agricultural operations and agribusinesses as set forth in Article VI of this chapter relating to agricultural operations (§ 350-603B) and agribusiness in nonresidential uses-agricultural/forestry use regulations (§ 350-603A).
D. 
In no case shall any structure permitted above the maximum permitted height of the applicable zone be used for the purpose of providing additional occupiable space.

§ 350-513 Improved surfaces.

Improved surfaces shall be provided, as required, in all zones, subject to the following regulations:
A. 
Improved surfaces shall comply with the applicable design and construction standards and requirements of the SLDO. Deviations from the standards and requirements listed in the SLDO that are proposed during the:
(1) 
Subdivision/land development process shall be permitted to be requested and may be permitted as a modification according to the SLDO.
(2) 
Zoning permit process that does not involve subdivision/land development review shall be permitted to be requested and may be permitted as a variance according to the provisions for a variance set forth in Article VIII of this chapter relating to variances in Zoning Hearing Board's functions (§ 350-805C).
B. 
Unless otherwise provided elsewhere in this chapter, in order to prevent dust, erosion or excessive water flow across streets or adjacent property, portions and areas of lots intended to be used for the following uses listed in the subsections below [§ 350-513B(1) and (2)] shall be graded for proper drainage and shall be improved with a durable and dustless surface, such as concrete or bituminous concrete surface unless an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with the applicable design and construction standards and requirements of the SLDO, stormwater management requirements, or any other construction materials specifications approved by the Township of Rapho:
(1) 
Lot access (driveways and access drives), parking, loading, vehicle queuing, display, storage, and other similar improvements associated with motor vehicles.
(2) 
All portions of a lot used for outside display or outside storage.

§ 350-514 Litter.

Relating to control of litter, lots in all zones shall be kept and maintained subject to the following regulations:
A. 
No lot shall be developed, used or maintained in a state that creates litter either on the lot or upon any adjoining lot or street right-of-way.
B. 
Should any lot or use be conducted or maintained in a condition that causes repeated litter complaints or violations, the owner shall be required, upon the instruction of the Township Zoning Officer, to prepare and implement a working plan for the cleanup of such litter as a condition of zoning compliance.

§ 350-515 Lot access, access drives, and driveways.

Lot access, access drives, and driveways shall be provided in all zones subject to the following regulations:
A. 
Lot access and frontage.
(1) 
Every new lot shall front on and have direct access to an approved public or private street via a driveway or access drive, as applicable.
(2) 
Every new principal use established and/or building erected or moved shall be on a lot that fronts on and has direct access to an approved public or private street via a driveway or access drive, as applicable.
(3) 
If a lot has access to streets of different classifications, access shall be provided on the street conveying the lesser amount of existing or proposed daily traffic.
(4) 
Lot access shall be so arranged as to minimize danger, congestion, stacking, and queuing along adjoining streets and to avoid the creation of nuisances to adjacent properties.
(5) 
Uses and structures shall be sited on a lot in such manner to provide for safe and convenient access for servicing the lot and site, fire protection, waste collection, required off-street parking and loading spaces, etc.
B. 
Permits required. Driveways and access drives intersecting with a state- or Township-owned street or road shall require the obtainment of a highway occupancy permit (HOP) from the applicable entity.
C. 
Access drives and driveways shall comply with the applicable design and construction standards and requirements of the SLDO. Deviations from the standards and requirements listed in the SLDO that are proposed during the:
(1) 
Subdivision/land development process shall be permitted to be requested and may be permitted as a modification according to the SLDO.
(2) 
Zoning permit process that does not involve subdivision/land development review shall be permitted to be requested and may be permitted as a variance according to the provisions for a variance set forth in Article VIII of this chapter relating to variances in Zoning Hearing Board's functions (§ 350-805C).
D. 
Access drive additional requirements.
(1) 
Number per lot. No more than two access drive connections per lot shall be permitted.
(2) 
Setbacks from intersections. Access drive cartways and connections shall be set back a minimum of 100 feet from the adjoining right-of-way line of any intersecting streets.
(3) 
Access drive width. In no case shall any access drive cartway be less than 18 feet wide if it provides for truck movement between the public street right-of-way and any required off-street loading spaces.
(4) 
Shared access drives. There shall be no required setback from the lot line of an adjoining lot using a shared access drive.
E. 
Driveway additional requirements.
(1) 
Number per lot. No more than two driveway connections per lot shall be permitted.
(2) 
Setbacks. The minimum distance between driveway connections with a street shall be:
(a) 
One hundred feet from a driveway connection on the same lot;
(b) 
Forty feet from the adjoining right-of-way line of intersecting streets;
(c) 
Five feet from a fire hydrant; and
(d) 
Three feet from any lot line. Additionally, no portion of any driveway shall be located closer than three feet from any lot line.
(3) 
Slope. A driveway shall not exceed a slope of 10% within 25 feet of the adjoining street right-of-way lines.
[Amended 12-19-2019 by Ord. No. 2019-4]
(4) 
Driveway width and turnaround.
(a) 
No driveway shall have:
[1] 
An improved surface width of less than 10 feet;
[2] 
A curb cut or connection to the street:
[a] 
Less than 10 feet in width; or
[b] 
Greater than 24 feet in width.
(b) 
All driveways connecting to an arterial or collector street shall be designed to include an improved vehicle turnaround area of a minimum of 171 square feet, to permit vehicles to maneuver in order that said vehicles can enter the street right-of-way in a forward direction.
(5) 
Shared driveways. In addition to the requirements set forth in the subsections above (§ 350-515E), shared driveways shall be provided subject to the following regulations:
(a) 
Maximum number of dwelling units. Shared driveways shall serve no more than four dwelling units.
(b) 
Setbacks. There shall be:
[1] 
No required setback from the lot line of an adjoining lot using a shared driveway.
[2] 
A minimum of ten-foot setback from any lot line of an adjoining lot that does not use the shared driveway.
(6) 
Shared driveways or access drives for flag lots. Shared driveways or access drives for flag lots:
(a) 
Must serve a minimum of one but no more than two flag lots, but may also serve adjoining non-flag lots, as applicable; and
(b) 
Shall have a paved width of less than:
[1] 
Sixteen feet provided for that portion of the driveway serving more than one dwelling unit; and
[2] 
No less than the required minimum width for a two-way access drive.

§ 350-516 Man-made lakes and ponds.

Man-made lakes, ponds, dams, and related impoundments shall be permitted in all zones, subject to the following regulations:
A. 
Man-made lakes, dams, and related impoundments.
(1) 
PA DEP approvals.
(a) 
All man-made lakes, dams and related impoundments located along and connected to a stream shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways, Division of Dam Safety or its successor, or a letter indicating that the proposed use does not require a PA DEP permit.
(b) 
All man-made lakes, dams and related impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within 50 feet of a stream shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways Division of Waterways and Stormwater Management or its successor.
(2) 
Setbacks. All man-made lakes, dams, and related impoundments shall be located a minimum of:
(a) 
Seventy-five feet from any lot line; and
(b) 
Fifty feet from:
[1] 
Subsurface sewage disposal systems; and
[2] 
Wells.
(3) 
All other man-made lakes, dams, and related impoundments require the submission of a statement by a qualified, professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania, that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood (i.e., the 100-year flood). All dams shall be constructed to a height of 1 1/2 feet above the water surface elevation occurring during the base flood.
[Amended 9-15-2022 by Ord. No. 2022-4]
(4) 
Maintenance. All man-made lakes shall be regularly maintained and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.
B. 
Man-made ponds and related impoundments.
(1) 
In addition to the regulations in this subsection below [§ 350-516B(2)], man-made ponds and related impoundments shall comply with the regulations in Article V of this chapter relating to swimming pools (§ 350-529).
(2) 
Maintenance. All man-made ponds shall be regularly maintained and floating debris shall be removed so as to not pose a nuisance by reason of odor, or the harboring of insects.

§ 350-517 Minimum habitable floor area.

Dwelling units, permitted in applicable zones, are subject to the following habitable floor area regulations:
A. 
See Table 5-17.1 in this subsection below for the required minimum habitable floor area:
Table 5-17.1
Minimum Habitable Floor Area
Use
Minimum Habitable Floor Area per Dwelling Unit
(square feet)
Single-family dwellings and two-family dwellings (including conversions)
700
Multiple-family dwellings (including conversions) and other dwelling types (including accessory dwellings and apartments)
400

§ 350-518 Multiple principal uses on one lot.

More than one principal use may be established on a single lot in all zones subject to the following regulations:
A. 
A subdivision and/or land development plan has been approved and recorded in compliance with the SLDO, as applicable.
B. 
A lot in the mixed-use zones or business zones may include more than one permitted principal use on a single lot in accordance with the following regulations:
(1) 
Existing buildings (no alteration/enlargement). For developments involving more one principal use on a single lot within an existing building in which there is no alteration or enlargement increasing the total size, floor area, and/or height of the existing building as it was on January 25, 1994, the most restrictive of the principal uses' area and bulk requirements of the applicable zone shall apply to the existing building (as opposed to applying each of the requirements to each principal use as if each use was located on each individual lot), but that each principal use shall comply with all other applicable requirements of this chapter.
(2) 
Existing buildings (alteration/enlargement). For developments involving more than one principal use on a single lot within an existing building in which there is an alteration or enlargement increasing the total size, floor area, and/or height of the existing building as it was on January 25, 1994, the total number of principal uses existing in the existing building on January 25, 1994 shall not be increased. Additionally, the most restrictive of the principal uses' area and bulk requirements of the applicable zone shall apply to the existing building (as opposed to applying each of the requirements to each principal use as if each use was located on each individual lot), but that each principal use shall comply with all other applicable requirements of this chapter.
(3) 
New buildings. For developments with more than one principal use on a single lot involving the erection of a new building, the area and bulk requirements of the applicable zone and all other requirements of this chapter shall apply to each building as though each building were located on an individual lot.
C. 
A lot in the agricultural and rural zones or the residential zones may include more than one permitted principal use on a single lot in accordance with the following regulations:
(1) 
More than one use and more than one building. Except as provided in the subsection immediately below [§ 350-518C(2)], for developments involving more than one principal use on a single lot, including the erection of a new building, no more than one principal use may be established within one building and no more than one building may be erected upon one lot, provided that each of the principal use's and building's area and bulk requirements of the applicable zone and all other requirements of this chapter have been satisfied as though each principal use and building were located on an individual lot.
(2) 
One use and more than one building. For developments involving mobile/manufactured home parks, multiple single-family attached dwelling buildings, or more than one multiple-family dwelling buildings, on a single lot, more than one building may be established upon one lot, provided the area and bulk requirements of the applicable zone and all other requirements of this chapter shall apply to entire development.

§ 350-519 Off-street loading facilities.

In those instances where off-street loading facilities are required in accordance with this section and elsewhere in this chapter and/or the SLDO (as applicable), in all zones, said off-street loading facilities shall comply with the following requirements:
A. 
Off-street loading facilities shall be required in accordance with this section and elsewhere in this chapter prior to the occupancy of any building or establishment of any use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:
(1) 
A new use is established requiring additional loading space.
(2) 
The use is changed and thereby requires additional loading space.
(3) 
An existing use is enlarged, thereby requiring additional loading space.
B. 
Location and setbacks. Unless otherwise provided in this chapter:
(1) 
Ground-level off-street loading areas may be located in any side or rear yard.
(2) 
Off-street loading areas shall comply with the accessory use and structure required yard setbacks for the applicable zone.
(3) 
To the extent feasible, off-street loading facilities shall be located on a wall of a building not facing any adjoining land in the (R) Zone or residential zones.
C. 
Connection to street. Every loading space shall be connected to a street by means of an access drive in accordance with the standards set forth in Article V of this chapter relating to lot access, access drives, and driveways (§ 350-515).
D. 
Separation from streets, sidewalks, and parking lots. Off-street loading spaces shall be designed so that there will be no need for vehicles to back over streets or sidewalks. Furthermore, off-street loading spaces shall not interfere with off-street parking lots.
E. 
All dead-end off-street loading facilities shall be designed to provide sufficient turnaround and maneuvering area.
F. 
Painted lines, arrows and dividers shall be provided and maintained to control loading facilities when necessary to direct vehicular circulation.
G. 
Required off-street loading space sizes. See Table 5-19.1 in this subsection below for the minimum loading space sizes requirements (excluding access drives, entrances and exits):
Table 5-19.1
Loading Space Size Requirements
Type of Use
Minimum Length
(feet)
Minimum Width
(feet)
Minimum Height Clearance Within and to Loading Space/Zone
(feet)
Industrial, wholesale, warehousing and uses necessitating the deliveries via tractor trailer
70
14
15
All other uses
33
12
13
H. 
Schedule of required off-street loading spaces. See Table 5-19.2 in this subsection below for the minimum number of required off-street loading spaces per use. When determination of the number of required loading spaces results in a fraction less than 1/2, the fractional result shall be rounded down and may be disregarded; and any fraction 1/2 or greater, the fractional result shall be rounded up and interpreted as one whole loading space:
Table 5-19.2
Schedule of Required Off-Street Loading Spaces
Type of Use
Number of Loading Spaces
Per Gross Floor Area or Dwelling Unit
Hospital or other institutional/civic use
None
Less than 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet
Hotel motel or similar lodging facility
None
Less than 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet
Light industrial and general industrial
None
Less than 2,000 square feet
1.0
2,000 to 25,000 square feet
+1.0
Each additional 40,000 square feet
Multiple-family dwelling
None
Less than 100 dwelling units
1.0
100 to 300 dwelling units
+1.0
Each additional 200 dwelling units
Office/bank and other similar financial institution
None
Less than 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet
Retail business, personal service, and restaurant
None
Less than 2,000 square feet
1.0
2,000 to 10,000 square feet
2.0
10,001 to 40,000 square feet
+1.0
Each additional 100,000 square feet
Indoor recreation facility
None
Less than 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet
Funeral home
None
Less than 3,000 square feet
1.0
3,000 to 5,000 square feet
+1.0
Each additional 10,000 square feet
Wholesale or warehousing
None
Less than 1,500 square feet
1.0
1,500 to 10,000 square feet
+1.0
Each additional 40,000 square feet

§ 350-520 Off-street parking.

In those instances where off-street parking facilities are required in accordance with this section and elsewhere in this chapter and/or the SLDO (as applicable), in all zones, said off-street parking facilities shall comply with the following requirements:
A. 
Off-street parking shall comply with the applicable design and construction standards and requirements of the SLDO. Deviations from the standards and requirements listed in the SLDO that are proposed during the:
(1) 
Subdivision/land development process shall be permitted to be requested and may be permitted as a modification according to the SLDO.
(2) 
Zoning permit process that do not involve subdivision/land development review shall be permitted to be requested and may be permitted as a variance according to the provisions for a variance set forth in Article VIII of this chapter relating to variances in Zoning Hearing Board's functions (§ 350-805C).
B. 
Off-street parking facilities shall be required in accordance with this section and elsewhere in this chapter prior to the occupancy of any building or establishment of any use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:
(1) 
A new use is established requiring additional parking spaces.
(2) 
The use is changed and thereby requires additional parking spaces.
(3) 
An existing use is enlarged, thereby requiring additional parking spaces.
C. 
Parking lot setbacks. Unless otherwise provided in this chapter, off-street parking lots shall comply with the accessory use and structure required yard setbacks for the applicable zone.
D. 
Parking space separation. Parking spaces within off-street parking lots shall be:
(1) 
At least five feet from any building located on a lot. The said five-foot corridor established between parking spaces and buildings shall be for the purpose of providing pedestrian access walkways; and
(2) 
Guarded by curbing in accordance with the applicable design and construction standards and requirements of the SLDO or a similar device at least six inches wide and six inches in height above the paving surface (e.g., wheel stops/bumpers, bollards, etc.) acceptable to the Township of Rapho, to prevent parked vehicles from projecting into the streets, sidewalks, access drives, and access aisles.
E. 
Internal landscaped islands and areas. In parking areas or lots containing 20 or more parking spaces, internal landscaped islands and areas shall be provided in accordance with the following. In addition, if a parking lot of fewer than 20 spaces is built without internal landscaped islands and areas, and later additional parking spaces are added so that the total is 20 or more, the internal landscape shall be provided for the entire parking lot:
(1) 
One internal landscape island shall be provided for every 10 parking spaces (or 20 double loaded spaces).
(2) 
Internal landscaped islands shall have a minimum depth of nine feet.[1]
[1]
Editor's Note: Former Subsection E.3, regarding internal landscape islands, which immediately followed this subsection, was repealed 9-15-2022 by Ord. No. 2022-4.
(3) 
No more than 10 parking spaces shall be provided in an unbroken row without the provision of an internal landscape island designed to be parallel to the direction of the adjacent parking spaces, and which connects into the perpendicular internal landscaped island. Each internal landscape island parallel to the direction of the adjacent parking spaces shall have a minimum width of nine feet and minimum depth (length) of 18 feet.
(4) 
Internal parking islands shall be landscaped with plantings including one shade tree with a minimum two-inch caliper of the trunk measured at a height of six inches above finished grade, for each five parking spaces.
(5) 
The remaining area of the required internal landscape islands and/or internal landscape area shall be landscaped with turf grass, shrubs or perennials, any of which should not exceed 2 1/2 feet in height, or with another material acceptable to the Township Engineer.
(6) 
Unless an alternative material and/or design as part of a readily accepted stormwater BMP, in accordance with the applicable design and construction standards and requirements of the SLDO, stormwater management requirements, or any other construction materials specifications approved by the Township of Rapho, for promoting sustainable stormwater management practices, all landscape islands and areas shall be enclosed by appropriate curbing in accordance with the applicable design and construction standards and requirements of the SLDO, stormwater management requirements, or any other construction materials specifications approved by the Township of Rapho, for promoting sustainable stormwater management practices, or a similar device at least six inches wide and six inches in height above the paving surface (e.g., wheel stops/bumpers, bollards, etc.), and shall be acceptable to the Township of Rapho.
(7) 
Parked vehicles shall not be permitted to overhang internal landscaped islands and areas by more than two feet.
(8) 
As an alternative to complying with the subsections immediately above, an applicant may prepare and submit an alternative landscaping plan, acceptable to the Township, that provides a minimum 15-foot-wide landscape screening strip along the lot frontage. The landscape screening strip shall:
[Added 9-15-2022 by Ord. No. 2022-4]
(a) 
Be prepared in accordance with § 350-526.
(b) 
Exclude any fence or wall.
(c) 
Have an area equal to or greater than the total area of all required internal parking lot landscape islands.
F. 
Prohibited uses of off-street parking facilities. Off-street parking spaces are for the sole purpose of accommodating the vehicles of persons associated with the use which requires them. Required parking spaces and access to said parking spaces shall not be used for the following:
(1) 
The sale, display or storage of motor vehicles or other merchandise, other than an approved temporary use.
(2) 
Parking and/or storage of vehicles accessory to the use, except during hours when operations are suspended.
(3) 
Performing services (including services to vehicles).
(4) 
Loading and unloading purposes, except during hours when operations are suspended.
(5) 
Temporary storage units and trash/waste disposal (e.g., pallets, cardboard).
(6) 
Required outdoor play areas.
G. 
Schedule of required off-street parking spaces. See Table 5-20.1 in this subsection below for the minimum number of required off-street parking spaces per use. When determination of the number of required parking spaces results in a fraction less than 1/2, the fractional result shall be rounded down and may be disregarded; and any fraction 1/2 or greater, the fractional result shall be rounded up and interpreted as one whole parking space:
Table 5-20.1
Parking Schedule
Use
Minimum Required Spaces
Residential Uses
Conversion, multiple-family
2 spaces per dwelling unit
Conversion, two-family
2 spaces per dwelling unit
Manufactured/mobile home park
2 spaces per dwelling unit. For developments with more than 8 dwelling units, if on-street parking is not provided, an additional 1/2 space per dwelling unit shall be provided in a common visitor parking compound. Such visitor parking lots shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to any unit served.
Multiple-family dwelling
2 spaces per dwelling unit. For developments with more than 8 dwelling units, if on-street parking is not provided, an additional 1/2 space per dwelling unit shall be provided in a common visitor parking compound. Such visitor parking lots shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to any unit served.
Single-family attached dwelling
2 spaces per dwelling unit. For developments with more than 8 dwelling units, if on-street parking is not provided, an additional 1/2 space per dwelling unit shall be provided in a common visitor parking compound. Such visitor parking lots shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to any unit served.
Single-family detached dwelling
2 spaces per dwelling unit
Single-family semidetached dwelling
2 spaces per dwelling unit
Two-family detached dwelling
2 spaces per dwelling unit
Other residential uses
Other residential uses not specified in this parking schedule: number of spaces normally required for similar uses listed elsewhere within this parking schedule table.
Agricultural/Forestry Uses
Agribusiness
1 space for each nonresident employee on the peak shift
Agricultural operation
1 space for each nonresident employee on the peak shift
Agricultural-related business
Number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Boarding/riding stable
2 spaces per 1,000 square feet of gross floor area
Crops/gardening
1 space per nonresident employee on peak shift
Forestry (commercial timber operation)
1 space per employee on the peak shift
Kennel, boarding
2 spaces per 1,000 square feet of gross floor area
Wholesale produce and tobacco auction
1 space per 1,000 square feet of gross floor area
Other forestry/agriculture uses
Other forestry/agriculture uses not specified in this parking schedule: number of spaces normally required for similar uses listed elsewhere within this parking schedule table.
Commercial Uses
Adult-oriented business and/or related use
4 spaces per 1,000 square feet of gross floor area
Airport/heliport
1 space per aircraft storage space, plus 1/2 of the spaces normally required for other uses accessory to the principal use which listed elsewhere within this parking schedule table (i.e., restaurant)
Animal hospital
2 spaces per 1,000 square feet of gross floor area
Bank and other similar financial institution
2 spaces per 1,000 square feet of gross floor area
Boarding house
1 space for each sleeping/rooming unit for let, plus 2 spaces per dwelling unit of owner/resident manager and other permanent residents of the dwelling
Campground
1 space per campsite or bed, plus 1 space per employee on the peak shift
Compost sales
1 space per 1,000 square feet of gross floor area
Convenience store
4 spaces per 1,000 square feet of gross floor area
Dry cleaner, laundry, and laundromat
4 spaces per 1,000 square feet of gross floor area
Flea market
4 spaces per 1,000 square feet of net retail sales area
Funeral home
10 spaces per 1,000 square feet display/viewing and assembly rooms
Golf course
2 spaces per hole, plus 2 spaces per 1,000 square feet of gross floor area, plus 1/2 of the spaces normally required for other uses accessory to the principal use which listed elsewhere within this parking schedule table (i.e., restaurant)
Hotel/motel
1 space per guest/sleeping room, plus 2 spaces per 1,000 square feet of remaining gross floor area, plus 1/2 of the spaces normally required for other uses accessory to the principal use which listed elsewhere within this parking schedule table (i.e., restaurant)
Landscaping service
1 space per 1,000 square feet of gross floor area
Mini-storage
1 space per 20 storage units
Nightclub
10 spaces per 1,000 square feet of gross floor area
Offices, professional and business
3 spaces per 1,000 square feet of gross floor area
Offices, veterinary
3 spaces per 1,000 square feet of gross floor area
Personal service
4 spaces per 1,000 square feet of gross floor area
Recreation, commercial indoor
4 spaces per 1,000 square feet of gross floor area
Recreation, commercial outdoor
4 spaces per 1,000 square feet of gross floor area; where completely outside of an enclosed building, 1 space per each 3 users at maximum occupancy/utilization
Regional recreation attraction
Number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Restaurant (fast-food)
10 spaces per 1,000 square feet of gross floor area
Restaurant (sit-down)
6 spaces per 1,000 square feet of gross floor area
Retail business
2 spaces per 1,000 square feet of gross floor area
School, commercial
1 space per 4 students at maximum occupancy/utilization
Shooting range
1 space per firing lane/target, plus 2 spaces per 1,000 square feet of remaining gross floor area
Shopping center
3 spaces per 1,000 square feet of gross floor area
Shops for contractors
1 space per 1,000 square feet of gross floor area
Tavern/bar
6 spaces per 1,000 square feet of gross floor area
Theater, indoor
1 space per 4 seats based on maximum seating capacity or occupancy of largest assembly room
Vehicle filling station
4 spaces per 1,000 square feet of gross floor area
Vehicle parking lot, light-/medium-duty
No minimum required
Vehicle reconditioning, light-/medium-duty
1 space per 1,000 square feet of total interior and exterior display, sales and storage area for vehicles and equipment being reconditioned
Vehicle sales/rental, light-/medium-duty
3 spaces per 1,000 square feet of gross floor area
Vehicle service/repair, light-/medium-duty
3 spaces per 1,000 square feet of gross floor area
Vehicle storage lot, light-/medium-duty
No minimum required
Vehicle washing
3 spaces per 1,000 square feet of gross floor area
Other commercial uses
Other commercial uses not specified in this parking schedule: number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Industrial Uses
Compost production facility
2 spaces per 1,000 square feet of gross floor area
Excavator contractor
1 space per 1,000 square feet of gross floor area
Industrial use, general
1 space per 1,000 square feet of gross floor area up to 20,000 square feet, plus 1 space for each 2,000 square feet gross floor area between 20,000 square feet and 40,000 square feet, plus 1 space for each 3,000 square feet gross floor area of the building in excess of 40,000 square feet
Industrial use, light
1 space per 1,000 square feet of gross floor area up to 20,000 square feet, plus 1 space for each 2,000 square feet gross floor area between 20,000 square feet and 40,000 square feet, plus 1 space for each 3,000 square feet gross floor area in excess of 40,000 square feet
Junkyard
2 spaces per 1,000 square feet of gross floor area
Machine shop
2 spaces per 1,000 square feet of gross floor area
Mineral extraction
1 space per 1,000 square feet of gross floor area
Outside storage
1 space per 1,000 square feet of gross floor area
Research and development
2 spaces per 1,000 square feet of gross floor area
Sawmill
1 space per 1,000 square feet of gross floor area
School, vocational
1 space per 3 students at maximum occupancy/utilization
Truck/motor freight terminal
1 space per 1,000 square feet of gross floor area up to 20,000 square feet, plus 1 space for each 2,000 square feet gross floor area between 20,000 square feet and 40,000 square feet, plus 1 space for each 3,000 square feet gross floor area in excess of 40,000 square feet
Truck stop/travel plaza
Number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Vehicle auction
1 space per 1,000 square feet of total interior and exterior display, sales and storage area for vehicles and equipment being auctioned
Vehicle parking lot, heavy-duty
No minimum required
Vehicle reconditioning, heavy-duty
1 space per 1,000 square feet of total interior and exterior display, sales and storage area for vehicles and equipment being reconditioned
Vehicle sales/rental, heavy-duty
3 spaces per 1,000 square feet of gross floor area
Vehicle service/repair, heavy-duty
3 spaces per 1,000 square feet of gross floor area
Vehicle storage lot, heavy-duty
No minimum required
Warehousing, distribution, and wholesaling
1 space per 1,000 square feet of gross floor area up to 20,000 square feet, plus 1 space for each 2,000 square feet gross floor area between 20,000 square feet and 40,000 square feet, plus 1 space for each 3,000 square feet gross floor area in excess of 40,000 square feet
Other industrial uses
Other industrial uses not specified in this parking schedule: number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Institutional/Civic Uses
Cemetery
No minimum required
Clubhouse or lodge, private
5 spaces per 1,000 square feet of gross floor area
Conservation area
No minimum required
Day care, commercial
1 space per 6 nonresident (adult or child) enrolled or being cared for
Government facility other than municipal owned uses
Number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Hospital
3 spaces per 1,000 square feet of gross floor area
Library
1 space per 1,000 square feet of gross floor area
Medical residential campus
Nursing facilities: 2 spaces per 1,000 square feet of gross floor area
Dwelling units: 1 space per dwelling unit
Other uses not specified in this parking schedule: number of spaces normally required for uses listed elsewhere within this parking schedule table
Municipal use
Number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Museum
1 space per 1,000 square feet of gross floor area
Nursing, rest, and retirement facility
2 spaces per 1,000 square feet of gross floor area
Office, medical
5 spaces per 1,000 square feet of gross floor area
Park/playground
3 spaces per acre
Place of religious worship
1 space per 5 seats based on maximum seating capacity or occupancy of largest assembly room
Public utility
1 space per 1,000 square feet of gross floor area
School, K-12
Primary (grades K-6): 2 spaces per classroom, plus 1 space per each 20 seats based on maximum seating capacity or occupancy of largest assembly room
Secondary and above (grades 7+): 7 spaces per classroom, plus 1 space per each 20 seats based on maximum seating capacity or occupancy of largest assembly room
School, professional, college, and university
Number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Other institutional/civic uses
Other institutional/civic uses not specified in this parking schedule: number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Miscellaneous Uses
Billboard
1 space per site
Manure digester energy production facility
1 space per 1,000 square feet of gross floor area
Solar energy production facility
1 space per site
Telecommunications signal site
1 space per site
Wind energy production facility
1 space per site
Other miscellaneous uses
Other miscellaneous uses not specified in this parking schedule: number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Accessory Uses
Accessory apartment
In addition to the spaces required as part of the principal use, 2 spaces per dwelling unit
Accessory employee dwelling
In addition to the spaces required as part of the principal use, 2 spaces per dwelling unit
Accessory family member dwelling
In addition to the spaces required as part of the principal use, 2 spaces per dwelling unit
Agricultural product marketing/sales
In addition to the spaces required as part of the principal use, 2 parking spaces
Agricultural support occupation
In addition to the spaces required as part of the principal use, the number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Agritainment/agritourism
In addition to the spaces required as part of the principal use, 4 spaces per 1,000 square feet of gross floor area; where completely outside of an enclosed building, 1 space per each 3 users at maximum occupancy/utilization
Automated banking facility or postal facility
In addition to the spaces required as part of the principal use, 2 spaces per machine when not associated with on-site principal bank or other financial service; otherwise, no minimum required
Bed-and-breakfast
In addition to the spaces required as part of the principal use, 1 space for each guest/sleeping room
Beekeeping
No minimum required
Day care, family
In addition to the spaces required as part of the principal use, the number of spaces normally required for uses elsewhere within this parking schedule table for day care, commercial
Drive-through facility for permitted use
No minimum required
Helicopter pad, private
No minimum required
Home occupation
In addition to the spaces required as part of the principal use, the number of spaces normally required for similar uses listed elsewhere within this parking schedule table (e.g., office, professional)
Home occupation, no-impact
No minimum required
Keeping of livestock, noncommercial
No minimum required
Manure digester system
No minimum required
Manure storage facility
No minimum required
Outside cafe/dining
In addition to the spaces required as part of the principal use, no minimum required for up to 200 square feet of outside cafe/dining area, but 1 space for each 100 square feet of outside cafe/dining area in excess of 200 square feet
Outside display
In addition to the spaces required as part of the principal use, 1 space per 500 square feet of outside display area
Recycling dropoff site
In addition to the spaces required as part of the principal use, 2 spaces per site
Rural occupation
In addition to the spaces required as part of the principal use, the number of spaces normally required for similar uses listed elsewhere within this parking schedule table
Shopping cart storage
No minimum required
Telecommunications signal site (antenna only)
In addition to the spaces required as part of the principal use, 1 space per site
Temporary Uses
Seasonal sidewalk display
No minimum required
Temporary special event sales
No minimum required
H. 
Parking reductions or alterations. This subsection (§ 350-520H) is a means for applicants to meet the parking requirements by alternative means other than providing required parking via paved off-street parking spaces located on the same lot.
(1) 
There shall be no required yard setback from the lot line of an adjoining lot using a shared parking lot.
(2) 
Shared parking. Within the mixed-use zones and business zones where shared parking is proposed, the following shared parking standards shall apply:
(a) 
If parking is proposed to be shared by two or more uses, both uses shall be within the maximum permitted distances set forth in the subsection immediately below [§ 350-520H(2)(b)]. An agreement in a form acceptable to the Township of Rapho and recorded in the Lancaster County Recorder of Deeds shall be presented assuring use of the required parking spaces until or unless the required parking spaces are located on the same lot as the use they serve.
(b) 
Applicants of shared parking facilities shall be required to show that of the shared off-street parking area is located:
[1] 
On the lot it is intended to serve; or
[2] 
Within a walking distance of 500 feet of the building's or use's entrance they serve and comply with the following:
[a] 
There shall be a clearly delineated and direct sidewalk or other similar pedestrian pathway provided from the parking spaces to the building's or use's entrance the parking serves.
[b] 
Parking shall be located so that pedestrians are not required to cross an arterial street to access the parking spaces except at a signalized intersection along a clearly delineated and direct sidewalk or other similar pedestrian pathway.
(c) 
The total minimum number of required shared or joint use parking spaces shall be calculated according to the following:
[1] 
Determine the total minimum number of required parking spaces as set forth in Table 5.20.1 in the subsection above relating to Schedule of Required Off-Street Parking Spaces (§ 350-520G), for each individual use as if each were a separate use.
[2] 
Determine each individual use's peak parking total by multiplying total minimum number of required parking spaces as set forth in the Table 5.20.1 in the subsection above relating to Schedule of Required Off-Street Parking Spaces (§ 350-520G) by the corresponding parking occupancy rates in Table 5-20.2 in this subsection below for each of the six time periods:
Table 5-20.2
Shared Parking Calculations
Uses
Monday - Friday
Saturday and Sunday
8:00 a.m. - 6:00 p.m.
6:00 p.m. - Midnight
Midnight - 8:00 a.m.
8:00 a.m. - 6:00 p.m.
6:00 p.m. - Midnight
Midnight - 8:00 a.m.
Residential
60%
100%
100%
80%
100%
100%
Office/warehouse/industrial
100%
20%
5%
5%
5%
5%
Retail business/personal service
90%
80%
5%
100%
60%
5%
Hotel/motel
70%
100%
100%
70%
100%
100%
Restaurant
70%
100%
10%
70%
100%
20%
Theater
40%
80%
10%
80%
100%
10%
Entertainment
40%
100%
10%
80%
100%
50%
Civic/institutional (other than listed below)
100%
20%
5%
10%
10%
5%
Clubhouse or lodge, private
40%
100%
10%
80%
100%
50%
Places of religious worship
10%
5%
5%
100%
50%
5%
[3] 
Combine each individual use's peak parking totals for each of the six time periods to produce all of the uses' aggregate peak parking total for each of the six time periods.
[Amended 9-15-2022 by Ord. No. 2022-4]
[4] 
The greatest of the aggregate peak parking totals of each of the six time periods shall be determined with the required minimum number of required parking spaces set at such level.
(d) 
Additional cross access and maintenance agreement and deed restriction requirements. In addition to the requirements set forth in Article V of this chapter relating to cross access and maintenance agreement and deed restriction (§ 350-507), in the event the property(ies) and/or use(s) undergo change of ownership, the agreement shall be updated to reflect current owner(s) of the use(s) and/or the property(ies). No agreement shall be terminable by any party except upon cessation of the use(s).
(3) 
Overflow reserve parking held. Within all zones, where overflow parking held in reserve is proposed for nonresidential uses, the following overflow parking held in reserve standards shall apply:
(a) 
Overflow reserve parking areas, which shall include areas of required parking facilities that may remain unpaved, but must be leveled and stabilized in a grass condition, but that also shall be permitted to be constructed with improved pervious surfaces in accordance with the applicable design and construction standards and requirements of the SLDO or any other construction materials specifications approved by the Township of Rapho, so as to provide for possible "overflow" reserve parking for other, seasonal or event peak times, shall be permitted, subject to the following:
[1] 
The applicant shall demonstrate that the demand for parking generated by the proposed development will be less than that total minimum number of required parking spaces for the use, and will be no more than that applied for.
[2] 
The applicant shall submit a plot/site plan pursuant to Article IX of this chapter relating to plot/site plan in application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(1)], including stormwater management facilities, designed in strict conformance with all requirements of this chapter as well as the SLDO, stormwater management requirements, or any other construction materials specifications approved by the Township of Rapho, for promoting sustainable stormwater management practices, prior to any an area designated as overflow reserve parking spaces; and
[a] 
Regardless of the number of parking spaces actually developed, a parking area to accommodate the total minimum number of required parking spaces shall be fully designed, and the area which is proposed to be eliminated shall be shown as the overflow reserve parking spaces and area and designated as such on the plot/site plan;
[b] 
The parking area shall be so designed that the maximum impervious coverage and lot coverage would not be exceeded in the event that the entire parking area, including overflow reserve parking spaces and areas, is subsequently developed. All overflow reserve parking spaces and areas not utilized for parking shall be landscaped according to an approved plot/site plan.
(b) 
The total number of overflow reserve parking spaces shall not exceed 40% of the total minimum number of required parking spaces.
(c) 
No designated overflow reserve parking space or area shall count toward any required open space, setback, yard or buffer yard requirements.
(d) 
The applicant shall enter into an agreement with the Township of Rapho agreeing "reserve" the overflow parking spaces and areas for a certain number of years, or an indefinite time period corresponding to the years the use (that the overflow reserve parking spaces and areas are intended for) are in existence. The agreement shall legally bind current and future owners of the land to keep the overflow reserve parking spaces and areas in open space, and to provide the additional required parking improvements, including all related stormwater management improvements in accordance with the SLDO, stormwater management requirements, or any other construction materials specifications approved by the Township of Rapho, for promoting sustainable stormwater management practices, if the Township of Rapho determines it is necessary. Such agreement shall be in a form acceptable to the Township of Rapho and recorded in the Lancaster County Recorder of Deeds.
(e) 
The Township Zoning Officer shall periodically review the sufficiency of the overflow reserve parking spaces and area. If the Township Zoning Officer in the future determines that the overflow reserve parking spaces or areas are needed to meet actual parking demand, the Township Zoning Officer shall provide a written report of his findings indicating why the parking spaces and improvement are required and send the report to the Township Board of Supervisors and the property owner. The property owner shall be required to meet with the Township Board of Supervisors at a public meeting within 30 days of said notice. The Township Zoning Officer's report will be presented and discussed at the public meeting and the Township Board of Supervisors will render a written decision at a public meeting within 45 days of said meeting. If required, the property owner shall then have one year to develop the overflow reserve parking spaces and areas including all related stormwater management improvements in accordance with the SLDO, stormwater management requirements, or any other construction materials specifications approved by the Township of Rapho, for promoting sustainable stormwater management practices, into the required off-street parking spaces in compliance with previously approved plot/site plan.
(4) 
Compact vehicle parking. Within all zones where compact vehicle parking is proposed, the following compact vehicle parking standards shall apply:
(a) 
Where more than 10 parking spaces are required and provided in an off-street lot or structure, the maximum permitted amount of parking spaces designated for "compact vehicles" shall not be greater than 40%.
(b) 
The minimum required dimensions of one compact vehicle space shall be not less than required in Table 5-20.3 in this subsection below:
Table 5-20.3
Compact Vehicle Parking Dimensions
Minimum Stall Width
(feet)
Minimum Stall Depth
(feet)
8
17
(c) 
All compact vehicle parking spaces shall be grouped and located in the same area of the off-street parking lot or structure and be marked to indicate spaces designated for compact vehicle parking.
I. 
Parking and storage of unregistered, uninspected, or inoperable motor vehicles. Except upon a lot with a principal use including motor vehicle sales, service, or auction, or upon a lot with a principal use of a junkyard, inoperable motor vehicles, or motor vehicles without current, valid registrations and inspections, as applicable, shall not be parked or stored upon a lot other than within a completely enclosed building. This requirement shall not apply to implements and other vehicles not normally used as conveyances on the public streets.
J. 
Parking and storage of certain vehicles.
(1) 
Parking and storage of recreational vehicles. The parking and storage of recreational vehicles shall be permitted subject to the following regulations:
(a) 
All areas used for the storage of recreational vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All recreational vehicles shall be maintained to prevent the leakage of fuels and/or lubricants into the ground.
(b) 
Upon any lot used principally for residential purposes, the temporary parking of not more than one Class I or Class II recreational vehicle for periods not exceeding 72 hours during any seven-day period is permitted in any yard, so long as said recreational vehicle is set back no less than:
[1] 
Ten feet from any adjoining street right-of-way line; and
[2] 
Five feet from adjoining side or rear lot lines.
(c) 
Upon any lot used principally for residential purposes, the storage of not more than one Class I recreational vehicle for periods exceeding 72 hours during any seven-day period shall be permitted per lot in a side or rear yard, so long as said recreational vehicle is set back no less than five feet from any adjoining side or rear lot line. All areas used for the storage of Class I recreational vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All recreational vehicles shall be maintained to prevent the leakage of fuels and/or lubricants into the ground.
(d) 
The parking or storage of not more than one Class II recreational vehicle in the (R) Zone, Residential Zones, or (CC) Zone, or on any lot used principally for residential purposes shall be permitted subject to the following regulations:
[1] 
In no case shall the recreational vehicle contain more than 320 square feet, as measured to said vehicle's outermost edges, nor exceed a height of 13 feet.
[2] 
All recreational vehicles shall be set back a horizontal distance equal to two times the recreational vehicle's height from the adjoining side or rear lot line.
[3] 
No recreational vehicle shall be stored in the required front yard setback. On vacant lots, said recreational vehicles must be stored behind the required front yard setback, as specified for principal uses.
[4] 
Screening shall be provided along any adjoining side or rear lot lines. Screening shall not be required along an adjoining side lot line when the owner resides on one lot, and stores said recreational vehicle on an adjacent vacant lot that he owns. One ten-foot-wide break in required screening may be provided along one adjoining rear or side lot line for vehicular access onto an adjoining street.
(2) 
Parking of commercial heavy-duty vehicles. The parking of commercial heavy-duty vehicles shall be permitted, subject to the following regulations:
(a) 
Except as permitted in the subsection immediately below [§ 350-520J(2)(b)], the parking of any commercial heavy-duty vehicle in the (R) Zone, Residential Zones or (CC) Zone, or lot used principally for residential purposes, is prohibited.
(b) 
Within the (A) Zone, the parking of no more than one commercial heavy-duty vehicle per lot where the use of such commercial heavy-duty vehicle is not incidental to the principal use of the lot, shall be permitted upon a lot with a principal agricultural operation, agribusiness, or residential use, subject to the following regulations:
[1] 
The minimum lot area of a residential lot required to park a commercial heavy-duty vehicle shall be no less 43,560 square feet, and said parking is limited to a commercial heavy-duty vehicle operated by the occupant of the residential lot.
[2] 
The parking of a commercial heavy-duty vehicle upon an agricultural operation or agribusiness lot is permitted, but said parking is not limited to a commercial heavy-duty vehicle operated by the occupant of the agricultural operation or agribusiness lot.
[3] 
No business operation shall be conducted as part of the accessory parking of said commercial heavy-duty vehicle.
[4] 
When parked outside of a completely enclosed building, a commercial heavy-duty vehicle shall:
[a] 
Not be permitted within the front yard, unless a minimum 100-foot setback is provided; and
[b] 
Comply with the accessory use and structure required yard setbacks for the applicable zone.
[5] 
Any driveway used for commercial heavy-duty vehicle access shall have a minimum inside turning radius of 50 feet.
[6] 
The driveway upon which a commercial heavy duty vehicle is parked must have sufficient area for a truck turnaround, so that the vehicle can enter and exit the site in a forward direction.
[7] 
Any driveway used for commercial heavy-duty vehicle access shall have a minimum seventy-five-foot in length paved apron as measured from the adjoining street right-of-way line.

§ 350-521 Operations and performance standards.

All uses proposed within Rapho Township shall operate in and be maintained to prevent the creation of any nuisance, health hazard or odor, as regulated by this chapter and in compliance with the most recent versions of the applicable state and federal ordinances. The following lists known governmental regulations associated with various land use impacts. This list in no way excludes or limits federal or state jurisdiction over uses within the Township but is merely provided for information to applicants and landowners.
A. 
Noise pollution and vibration. "Rules and Regulations" of the PA DEP.
B. 
Air pollution, airborne emissions and odor. "Rules and Regulations" of the PA DEP.
C. 
Water pollution. The Clean Streams Law, June 22, 1937 P.L. 1987, 35 P.S. § 691.1 et seq., as amended.
D. 
Mine reclamation and open pit setback. Pennsylvania Act No. 1984-219, the "Noncoal Surface Mining Conservation and Reclamation Act."[1]
[1]
Editor's Note: See 52 P.S. § 3301 et seq.
E. 
Glare and heat. "Rules and Regulations" of the PA DEP.
F. 
Lighting. All lighting fixtures shall be arranged and shielded to deflect light away from, and prevent objectionable direct lighting and glare beyond the lot lines.
G. 
Sewage disposal. PA Sewage Facilities Act of January 24, 1966, as amended, 35 P.S.§ 750.1 et seq.
H. 
Nutrient management. Title 25, Environmental Protection, Chapter 83, Subchapter D. Nutrient Management Rules and Regulations.

§ 350-522 Outdoor sport courts.

Outdoor sport courts shall be permitted as accessory uses in all zones subject to the following regulations:
A. 
Outdoor sport courts and all related improvements and appurtenances shall:
(1) 
Be equipped with fences or other barriers that will prevent the trespass of balls or other play objects onto adjoining lots, and comply with the accessory use and structure required yard setbacks for the applicable zone; or
(2) 
Otherwise comply with the principal use and structure required yard setbacks for the applicable zone.

§ 350-523 Outside storage.

Outside storage shall be permitted subject to the following regulations:
A. 
Unless otherwise provided in this chapter, outside storage shall comply with the accessory use and structure required yard setbacks for the applicable zone.
B. 
Where permitted, all items and materials stored as part of outside storage shall be kept in an orderly fashion to permit access and circulation for emergency response.
C. 
Except for the outside storage of personal, domestic, or residential related materials on lots used principally for residential purposes, all portions of a lot used for outside storage shall be provided with an improved surface as set forth in Article V of this chapter relating to improved surfaces (§ 350-513).
D. 
Except as provided in the subsections below relating to domestic compost facilities (§ 350-523E), and refuse collection stations (§ 350-523F), in the:
(1) 
(R) Zone, Residential Zones, (CC) Zone, or on a lot used principally for residential purposes outside storage of:
(a) 
Personal, domestic, or residential related materials (except firewood) shall be prohibited:
[1] 
Within the front yard; or
[2] 
For a period of more than one year.
(b) 
Non-personal, business, and other nonresidential related materials shall be prohibited.
(2) 
(CR) Zone or (GB) Zone outside storage shall be permitted as an accessory use provided the outside storage area:
(a) 
Does not occupy more than 50% of the total area the lot covered by buildings;
(b) 
Does not occupy more than 25% of the buildable area of the lot;
(c) 
Is located within a side or rear yard;
(d) 
Is contained within a completely enclosed structure at least six feet high; and
(e) 
Is screened from adjoining streets and lots.
(3) 
(IND) Zone outside storage shall be permitted as a principal use or an accessory use, provided the outside storage area:
(a) 
Complies with the applicable use and structure required yard setbacks for the applicable zone.
(b) 
Is contained within a completely enclosed structure at least six feet high; and
(c) 
Is screened from adjoining streets and lots.
(4) 
In all zones, except as permitted in junkyards, the outside storage of junk shall not be permitted.
E. 
Domestic compost facilities. In all zones, the outside storage of domestic compost as an accessory residential use shall be permitted subject to the following:
(1) 
The placement of framed enclosure for the storage of compost as an accessory residential use is permitted, subject to all accessory use setbacks of the applicable zone.
(2) 
Only waste materials from the residential use shall be deposited within the domestic compost, and in no case shall meat, or meat by-products, dairy products, or bones be composted.
(3) 
All domestic compost facilities shall be properly maintained so as not to become a nuisance to nearby properties.
F. 
Refuse collection stations. In those instances where refuse collection stations are required in accordance with this section and elsewhere in this chapter and/or the SLDO (as applicable), in all zones, said refuse collection stations shall comply with the following requirements:
(1) 
Refuse collection stations shall comply with the applicable design and construction standards and requirements of the SLDO. Deviations from the standards and requirements listed in the SLDO that are proposed during the:
(a) 
Subdivision/land development process shall be permitted to be requested and may be permitted as a modification according to the SLDO.
(b) 
Zoning permit process that do not involve subdivision/land development review shall be permitted to be requested and may be permitted as a variance according to the provisions for a variance set forth in Article VIII of this chapter relating to variances in Zoning Hearing Board's functions (§ 350-805C).
(2) 
In all zones, the outside storage of refuse collection stations as an accessory use to permitted multiple-family dwelling uses or nonresidential nonagricultural/forestry principal uses, shall be permitted subject to the following. Refuse collection stations (including recycling containers) shall be:
(a) 
Located within a side or rear yard;
(b) 
Screened from adjoining streets and lots; and
(c) 
Completely enclosed within a masonry fenced enclosure equipped with a self-latching door or gate.

§ 350-524 Riparian corridors.

Riparian corridors shall be provided in all zones subject to the following regulations:
A. 
Defining and limits of riparian corridors.
(1) 
Riparian corridors shall be determined by the stream order and, as applicable, by status as a specially protected watercourse.
(2) 
In order to define stream order, the Strahler method shall be used. As shown in Figure 5-24.1 in this subsection below, the Strahler method indicates that first order streams are the smallest streams that typically feed into larger streams. First order streams have no tributaries or branches. When two first order streams merge, a second order stream is created. First and second order streams together represent headwaters of streams. Any stream ordered higher than six is considered a river.
350 Figure 5-24-1.tif
Figure 5-24.1 Strahler Method for Determining Stream Order
(Source: Model Conservation Zoning District and Natural Resource Protection Standards, Lancaster County; Lancaster County Planning Commission, June 2010: U.S. Army Corps of Engineers)
(3) 
See Table 5-24.1 for the stream order or designation and minimum required riparian corridor widths:
Table 5-24.1
Stream Designations and Riparian Corridor Widths
Stream Order or Other Stream Designation
Minimum Riparian Corridor1
(feet)
1
35
2
35
3
50
4 and greater
75
State-designated High Quality (HQ) Stream or Exceptional Value (EV) Stream as determined by the Pennsylvania State Code Chapter 93.4b
100
Streams with 100-year floodplain
Includes entire 100-year floodplain
NOTES:
1
Width measured perpendicular to and horizontally from the established ordinary high water mark of a watercourse, on each side of the stream.
350 Figure 5-24-2.tif
Figure 5-24.2
Riparian Corridor Width
(Source: Model Conservation Zoning District and Natural Resource Protection Standards, Lancaster County; Lancaster County Planning Commission, June 2010)
B. 
Riparian corridor uses and performance standards.
(1) 
Existing vegetated areas within the riparian corridor shall be preserved to the extent feasible.
(2) 
Permitted uses. See Table 5-24.2 in this subsection below for the types of uses permitted in riparian corridors. Uses are divided into those permitted by right listed as "P" (zoning decision by Township Zoning Officer); permitted by special exception listed as "SE" (zoning decision by the Township Zoning Hearing Board), and permitted by conditional use listed as "CU" (zoning decision by the Township Board of Supervisors). Uses not listed in the table below or identified by "NP" shall specifically not be permitted in riparian corridors. Additionally, many of the uses not permitted within the riparian corridor also have additional required minimum setbacks measured perpendicular to and horizontally from the established ordinary high water mark of a watercourse, on each side of the stream.
Table 5-24.2
Permitted Uses and Uses not Permitted in Riparian Corridors
Use
Permitted Within Riparian Corridor
Additional Required Minimum Setbacks1
Planting and maintenance of additional native trees, shrubs and other plant material and the removal of invasive species or removal of dead, diseased or damaged vegetation as determined necessary in order to create a suitable riparian canopy and understory
P
N/A
Common open space, conservation areas, passive recreational and park areas, trails, greenways and similar passive or low-intensity uses
P
N/A
Hunting, fishing, swimming, boating, etc.
P
N/A
Filling, grading or excavating for trail construction, waterway access, waterway restoration and enhancement, livestock crossings, and infrastructure and utilities
P
N/A
Municipal use
P
N/A
Filling, grading or excavating (other than for permitted trail construction, waterway access, waterway restoration and enhancement, livestock crossings, and infrastructure and utilities)
NP
N/A
Disposal or storage of junk or trash or other similar materials (other than a junkyard)
NP
N/A
Grazing, housing or other maintenance of livestock
NP
None
Sewage disposal systems
NP
100 feet
Application of biosolids
NP
100 feet
Petroleum storage facility and storage or disposal of any toxic, hazardous, or noxious substances
NP
150 feet
Solid waste operation or junkyard
NP
300 feet
NOTES:
P
Permitted by right (zoning decision by Township Zoning Officer)
NP
Not permitted
N/A
Not applicable
1
Width measured perpendicular to and horizontally from the established ordinary high water mark of a watercourse, on each side of the stream.
350 Figure 5-24-2.tif
Figure 5-24.2
Riparian Corridor Performance Standards
(Source: Model Conservation Zoning District and Natural Resource Protection Standards, Lancaster County; Lancaster County Planning Commission, June 2010)

§ 350-525 Satellite dish antennas.

Satellite dish antennas shall be permitted in all zones subject to the following regulations:
A. 
In all zones, accessory satellite dish antennas with a diameter of less than 40 inches are permitted subject to all accessory use standards of the applicable zone.
B. 
In the business zones, accessory satellite dish antennas with a diameter of 40 inches or more are permitted subject to the accessory use standards of the applicable zone.
C. 
In the business zones, principal satellite dish antennas are permitted subject to all principal use standards of the applicable zone.
D. 
All ground-mounted satellite dish antennas with a diameter of 40 inches or more that are used to transmit video format data shall be completely enclosed by an eight-foot-high nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended.

§ 350-526 Screening and landscaping.

Screening and landscaping shall be provided in all zones subject to the following regulations:
A. 
Screening and landscaping shall comply with the applicable design and construction standards and requirements of the SLDO. Deviations from the standards and requirements listed in the SLDO that are proposed during the:
(1) 
Subdivision/land development process shall be permitted to be requested and may be permitted as a modification according to the SLDO.
(2) 
Zoning permit process that do not involve subdivision land development review shall be permitted to be requested and may be permitted as a variance according to the provisions for a variance set forth in Article VIII of this chapter relating to variances in Zoning Hearing Board's functions (§ 350-805C).
B. 
Unless otherwise provided in this chapter, for purposes of this section as it relates to the applicable design and construction standards and requirements of the SLDO, the requirements and standards set forth in this section below and in the SLDO shall also include all nonresidential, nonagricultural/forestry uses.
C. 
Yard ground cover.
(1) 
Any part of a lot which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season, well-maintained ground cover (e.g., grass, ivy, vetch, pachysandra, etc.).
(2) 
Gravel can be substituted if done in a manner to complement other vegetative materials.
D. 
Landscaping requirements.
(1) 
Required landscaping may include a combination of the following elements:
(a) 
Deciduous trees;
(b) 
Ground covers;
(c) 
Evergreen trees;
(d) 
Shrubs;
(e) 
Vines;
(f) 
Flowers;
(g) 
Rocks;
(h) 
Gravel;
(i) 
Earth berms;
(j) 
Walls;
(k) 
Fences;
(l) 
Screens;
(m) 
Sculptures;
(n) 
Fountains;
(o) 
Sidewalk furniture; or
(p) 
Other approved materials.
(2) 
Artificial grass, plants, trees, and shrubs shall not be used to satisfy any requirement for landscaping or screening.
E. 
Landscape screening strips.
(1) 
Landscape screening strips are required on lots proposed for development involving:
(a) 
Nonresidential, nonagricultural/forestry uses adjoining lots in the (R) Zone or residential zones or with residential uses; or
(b) 
Higher-density/-intensity residential dwelling types adjoining lots with lower-density/-intensity residential dwelling types.
(2) 
Landscape screening strips shall be planted and maintained with vegetative cover and living material, as well as any required screen material and kept free of:
(a) 
Buildings and structures, excluding fences, walls, and berms;
(b) 
Refuse collection stations;
(c) 
Parking lots/areas;
(d) 
Loading areas;
(e) 
Any type of storage of goods, materials, equipment, or vehicles;
(f) 
Any type of display and sales; and
(g) 
Any business activity.
(3) 
Signs shall be permitted in a landscape screening strip adjoining a street right-of-way line.
(4) 
Stormwater management facilities and structures may be maintained within a landscape screening strip, but the existence of such facilities or structures shall not be a basis for a failure to meet the landscape screening requirements.
(5) 
Landscape screening strips may be crossed by access drives, driveways, sidewalks, or easements with a maximum width of 35 feet, provided the center line of the access drive, driveway, sidewalk, or easement crosses the adjoining lot line and landscape screening strip at not less than 75°; however, no turning or maneuvering of vehicles shall be permitted in the landscape screening strip area.
(6) 
Landscape screening strips may be located within any required yard setback or yard.
(7) 
Landscape screening strips shall be arranged with screening materials so as to block the ground-level views between grade and a minimum height of six feet. Landscape screening strips shall be comprised of screening materials listed in this subsection below. As screening can take many forms and incorporate different materials and treatments (e.g., vegetation, earthen berms, fences, walls and combinations), see Table 5-26.1 in this subsection below for several typical landscape screening strip arrangements:
Table 5-26.1
Landscape Screening Strip Requirements
Option
Required Vegetative Materials
Minimum Age at Time of Planting
Minimum Caliper at Time of Planting
Minimum height at Time of Planting
(feet)
Minimum Spacing on Center at Time of Planting
(feet)
Planting Configuration
1
Evergreen trees
3 years
N/A
6
15
2 rows of evergreen trees staggered alternately
2
Deciduous trees
N/A
2 inches at 6 inches above
6
40
2 rows of deciduous trees, with evergreen shrubs beneath and between deciduous trees
Evergreen shrubs
N/A
N/A
4
5
3
Evergreen trees
3 years
N/A
6
15
2 rows of evergreen trees staggered alternately, combine with 2 rows of deciduous trees, with evergreen shrubs beneath and between deciduous trees
Deciduous trees
N/A
2 inches at 6 inches above
6
40
Evergreen shrubs
N/A
N/A
4
5
(8) 
Fence, walls, earth berms, or other approved similar materials may also be used to supplement the required vegetative material of the required landscape screening strip.
(a) 
Fences and walls as screening. Landscape screening strips may include fences and walls which shall be located in accordance with the following:
[1] 
Fences and walls shall not be used as the sole means of providing any required screening. Vegetative materials are required in combination with any permitted fence or wall.
[2] 
Fences and walls that are placed in a landscape screening strip shall be located between the principal use and related accessory use, and any required vegetative screen plantings.
[3] 
In addition to any requirements set forth in this section, all fences and walls shall comply with the requirements set forth in Article V of this chapter relating to fences and walls (§ 350-509).
(b) 
Earthen berms as screening. Landscaping screening strips may include earthen berms in accordance with the following requirement:
[1] 
Earthen berms shall be constructed with slopes not to exceed 33% with side slopes designed and planted in such a manner so as to prevent erosion and stormwater runoff, and with a rounded top surfaces that are a minimum of two feet in width at the highest points of the earthen berms, extending the length of the earthen berms.
[2] 
The top of earthen berms shall be planted with vegetative materials, and also may include fences or walls.
(9) 
Existing vegetation. Landscape screening strips may include existing vegetative material and plantings including trees, shrubs and ground cover retained and maintained so as to contribute to complying with the minimum screening requirements.
F. 
Selection of plant materials.
(1) 
Trees and shrubs shall be:
(a) 
Typical of their species and variety;
(b) 
Have normal growth habits, well-developed branches, densely foliated, vigorous, fibrous root systems; and
(c) 
Grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project.
(2) 
Native and invasive plantings.
(a) 
Native plant materials should be incorporated in all designs.
(b) 
Nonnative plants may be included in place of a native plant if it is not considered invasive and the plant does not introduce pests or diseases. A nonnative plant may be incorporated into designs when the applicant demonstrates nonnative plants are better suited for the soil, environment, or spatial constraints, and integration into the surrounding ecosystem.
(c) 
See Table 5-26.2 in this subsection below for the list of invasive plants (trees, shrubs, grasses, flowers, and vines) which shall not be used in any required planting or screening:
[Amended 9-15-2022 by Ord. No. 2022-4]
Table 5-26.2
Invasive Plants
Common Name
Botanical Name
Trees
Tree-of-heaven
Ailanthus altissima
Norway maple
Acer platanoides
Sycamore maple
Acer pseudoplatanus
Empress tree
Paulownia tomentosa
Callery pear
Pyrus calleryana
Siberian elm
Ulmus pumila
Shrubs
Japanese barberry
Berberis thunbergii
European barberry
Berberis vulgaris
Russian Olive
Elaegnus angustifolia
Autumn olive
Elaeagnus umbellate
Winged euonymus
Euonymus alatus
Border privet
Ligustrum obtusifolium
Common privet
Ligustrum vulgare
Tartarian honeysuckle
Lonicera tartarica
Standish honeysuckle
Lonicera standishii
Morrow's honeysuckle
Lonicera rnorrowii
Amur honeysuckle
Lonicera maackii
Bell's honeysuckle
Lonicera morrowii x tatarica
Common buckthorn
Rhamnus catharticus
Glossy buckthorn
Rhamnus frangula
Wineberry
Rubus phoenicolasius
Multiflora rose
Rosa multiflora
Japanese spiraea
Spiraea japonica
Guelder rose
Viburnurn opulus var. opulus
Grasses
Cheatgrass
Bromus tectorum
Japanese stilt grass
Microstegium vimineum
Maiden grass
Miscanthus sinensis
Common reed
Phragmites australis
Reed canary grass
Phalaris arundinacea
Johnson grass
Sorghum halepense
Shattercane
Sorghum bicolor ssp. drummondii
Flowers
Garlic mustard
Alliaria petiolata
Goutweed
Aegopodium podagraria
Bull thistle
Cirsium vulgare
Canada thistle
Cirsium arvense
Musk thistle
Carduus nutans
Jimsonweed
Datura stramonium
Goatsrue
Galega officinalis
Giant hogweed
Heracleum mantegazzianum
Dame's rocket
Hesperis matronalis
Purple loosestrife
Lythrum salicaria, L. virgatum
Eurasian water-milfoil
Myriophyllum spicatum
Star-of-Bethlehem
Ornithogalum nutans, umbellatum
Japanese knotweed
Polygonum (Fallopia) cuspidatum/Polygonum sachalinense
Wild parsnip
Pastinaca sativa
Beefsteak plant
Perilla frutescens
Lesser celandine
Ranunculus ficaria
Water chestnut
Trapa natans
Vines
Fiveleaf akebia
Akebia quinata
Porcelain-beffy
Ampelopsis brevipedunculata
Oriental bittersweet
Celastrus orbiculatus
Japanese honeysuckle
Lonicera japonica
Kudzu
Pueraria lobata
Mile-a-minute vine
Polygonum perfoliatum
G. 
Required plantings shall be maintained permanently in a healthy condition. Any plantings that die or are severely damaged shall be replaced by the current property owner as soon as practical considering growing seasons, within a maximum of 150 days.
H. 
Landscaping setbacks.
(1) 
All landscape materials, excluding yard ground covers, shall be set back five feet from any adjoining street right-of-way line.
(2) 
No shrub shall be planted within 20 feet, nor shall any tree be planted within 30 feet of any lot line of an adjoining lot used principally for agricultural purposes within the (A) Zone.

§ 350-527 Sewer and water systems standards.

In those instances where sewer and/or water systems are required for use of a lot elsewhere in this chapter and the SLDO (as applicable), in all zones, said sewer and water systems shall comply with the following requirements:
A. 
Public sewer service and public water service extensions. It is the express intent of this chapter and the Township of Rapho that utilities providing public sewer service and/or public water service shall not be extended into areas beyond the UGA or VGA as designated in the most recent version of the Comprehensive Plan or other applicable plans adopted by the Township of Rapho, except where:
(1) 
Such extension is necessary to address failure of existing septic systems;
(2) 
Such extension is necessary to provide service to a planned sewer service area; or
(3) 
In accordance with an approved Act 537 Plan.
B. 
Individual on-lot sewage disposal systems. As of January 25, 1994, all future uses that rely upon individual on-lot sewage disposal systems shall be required to comply with Chapter 275, Sewers and Sewage Disposal, Article IV, On-Lot Sewage Disposal Systems, and shall comply with the applicable design and construction standards and requirements of the SLDO.
(1) 
Lot area requirements. Regardless of any maximum lot area requirements listed elsewhere in this chapter, the lot size may be increased to insure an acceptable level of nitrate-nitrogen in the adjoining groundwaters. Such determinations will be made by the PA DEP, through its sewer module review process. In those cases where applicable maximum lot area requirements are exceeded to protect groundwater quality, the applicant shall furnish evidence that the amount of land needed to protect local groundwater is the minimum necessary for such protection.
(2) 
Disposal plume easement. As an alternative to an increased lot size, as described in the subsection immediately above [§ 350-527B(1)], the applicant may extend a sewage effluent dispersal easement onto adjoining undeveloped property, and continue to comply with the lot size requirements. Such an easement must be in a form acceptable to the Township Solicitor and the size and extent of the sewage plume easement shall be approved by the PA DEP, through its sewer module review process.

§ 350-528 Signs.

Signs shall be permitted in all zones subject to the following regulations:
A. 
General regulations for all signs.
(1) 
Signs must be constructed of durable material and maintained in good condition.
(2) 
No sign shall be maintained within Rapho Township in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down, which is illegible, or has loose parts separated from original fastenings.
(3) 
No sign shall be maintained in a state so as to be structurally unsafe or endanger the safety of the building or premise, or endanger the public safety.
(4) 
Advertising painted upon or displayed upon a barn or other building or structure shall be regarded as a flat wall sign and the regulations pertaining thereto shall apply.
(5) 
Each sign (excluding support devices) shall be removed when the circumstances leading to its erection no longer apply.
(6) 
Signs may be interior lighted with nonglaring lights, or may be illuminated by floodlights or spotlights in accordance with the standards set forth in Article V of this chapter relating to lighting in operations and performance standards (§ 350-521F).
(7) 
No sign shall be of the intermittent flashing or rotating type, unless located within an (IND) Zone.
(8) 
No sign shall be located so as to interfere with visibility for motorists at street, access drive, or driveway intersections.
(9) 
No sign located within 300 feet of any traffic light shall be illuminated with red, green or yellow lights or neon tubing.
(10) 
All electrically illuminated signs shall be constructed to the standards of the most recent version of the IBC as referenced in the PA UCC adopted by the Township of Rapho.
(11) 
No sign shall obstruct the clear sight triangle requirements set forth in Article V of this chapter relating clear sight triangle (§ 350-504).
(12) 
Determination of sign area. The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. (See Figure 5-28-1.)
(a) 
Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.
350 Figure 5-28-1.tif
FIGURE 5-28.1
SIGN AREA
(b) 
Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign; provided, however, for a double-faced sign, if the interior angle formed by the two faces of the double-faced sign is less than 45° and the two faces are at no point more than three feet from one another, the area of only the larger face shall be included.
(13) 
Determination of sign height. The height of a sign shall be the vertical distance from grade plane to the average height of the highest point of the sign. The grade plane shall be the lower of the grade plane existing at the time of construction or the grade plane existing prior to construction and prior to any earth disturbance at the site. This prior grade plane may be established by any reliable source, including, without limitation, existing topographic maps, aerial photographs, photographs of the site, or affidavits of people who are personally familiar with the site. No person(s) shall artificially increase the maximum height of a sign by altering the grade plane of the sign by any means.
(14) 
No loud, vulgar, indecent, or obscene advertising matter shall be displayed in any manner, including, specified sexual activities.
(15) 
No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.
(16) 
No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger.
(17) 
No sign shall be permitted which is permanently attached to public utility poles, nor trees which are within the street right-of-way.
(18) 
No sign located within the (FPO) Zone shall exceed six square feet of area per side.
(19) 
In the event that a symbol, trademark or other such figure is used as a sign post or standard which could be construed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area.
(20) 
Except in the cases of billboards as regulated by Article VI of this chapter relating to billboards in nonresidential uses—miscellaneous use regulations (§ 350-607A) and off-premises signs as regulated in Table 5-28.1[1] relating to off-premises signs § 350-528B(1) , only those signs referring directly to materials or products made, sold or displayed on the premises, to services offered on the premises, and/or to activities conducted on the premises, shall be permitted.
[1]
Editor's Note: Table 5-28.1. is included as an attachment to this chapter.
(21) 
No streamers, pennants or other similar materials shall be permitted to be located on the outside of any building.
B. 
See Tables 5-28.1 through 5-28.3 for the specific standards imposed upon permanent and temporary signs, respectively:[2]
(1) 
Permanent sign requirements.
(2) 
Permanent sign requirements—shopping center signs.
(3) 
Temporary sign requirements.
[2]
Editor's Note: Tables 5-28.1 through 5-28.3 referenced below are included as an attachments to this chapter.

§ 350-529 Swimming pools.

Swimming pools shall be permitted as accessory uses in all zones subject to the following regulations:
A. 
Swimming pools shall comply with the requirements of the most recent version of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho.
B. 
Swimming pools and all related improvements, appurtenances, and accessory structures shall be set back a minimum of 10 feet from any lot line.
C. 
Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. Swimming pools containing water shall have their recirculation, filtration, and other necessary pumps continuously operating; otherwise, the water surface shall be completely covered.
D. 
No water from a pool shall be discharged onto any public street or alley.
E. 
These requirements shall not apply to "kiddie" or "wading" pools, pools designed with pool walls, and other bodies of water not capable of holding water at a depth of greater than 24 inches of water and do not require a pump or electrical connection.

§ 350-530 Telecommunications antennas.

Telecommunications antennas shall be permitted in all zones subject to the following regulations:
A. 
For co-located, modified, or replaced telecommunications antennas in accordance with the Pennsylvania Wireless Broadband Collocation Act (Act 191)[1] and the following regulations, no zoning permit shall be required:
(1) 
The proposed co-location, modification or replacement does not substantially change the physical dimensions of the wireless support structure to which the wireless telecommunications are to be attached.
(2) 
The proposed co-location, modification or replacement does not further increase the height of a wireless support structure which has already been extended by more than 10% of its original approved height or by the height of one additional antenna array.
(3) 
The proposed co-location, modification or replacement does not increase the dimensions of the existing approved equipment compound.
(4) 
The proposed co-location, modification or replacement complies with the applicable conditions of approval attached to the initial wireless telecommunications facilities, equipment compound and wireless support structure.
(5) 
The proposed co-location, modification or replacement may not exceed the applicable wind loading and structure loading requirement for the wireless support structure.
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
B. 
Otherwise, new telecommunications antennas shall be considered telecommunications towers and shall be regulated in accordance with the regulations in Article VI of this chapter relating to telecommunications towers in nonresidential uses—miscellaneous use regulations (§ 350-607E).
C. 
Additional requirements involving co-location and placement in the street right-of-way are described in Article VI of this chapter relating to communication antennas, structures, and equipment located in the street rights-of-way (§ 350-607G). This requirement shall not apply with respect to any entity that, as of December 12, 2017, already has the right to occupy the public street right-of-way pursuant to a franchise or other agreement with the Township, such as a cable television franchise.

§ 350-531 Temporary occupancy of recreational vehicles.

The temporary occupancy of recreational vehicles shall be permitted in all zones subject to the following regulations:
A. 
No persons shall be permitted to permanently reside within any recreational vehicle.
B. 
Within a permitted campground shall comply with the regulations set forth in Article VI of this chapter relating to campgrounds in nonresidential uses—commercial use regulations (§ 350-604E).
C. 
Otherwise, the temporary occupancy of a recreational vehicle on any lot are permitted, subject to the following criteria:
(1) 
The temporary occupancy of a recreational vehicle is permitted for:
(a) 
The owners of any lot with no permanent residential dwelling thereon, not to exceed a total of 90 days between April 1 and October 31 of any one calendar year; or
(b) 
Nonpaying guests of the occupants of any legally established permanent residential dwelling on a lot, not to exceed a total of 14 days in any calendar year.
(2) 
No more than one recreational vehicle used for temporary occupancy may be occupied per lot.
(3) 
Proof of an approved method for both sewage disposal and potable water supply for recreational vehicle used for temporary occupancy shall be submitted.
(4) 
No rent or services may be charged or collected by the property owner associated with the temporary occupancy.
(5) 
All recreational vehicles used for temporary occupancy shall comply with the setback requirements set forth in Article V of this chapter relating to parking and storage of recreational vehicles in parking and storage of certain vehicles in off-street parking [§ 350-520J(1)(a)].

§ 350-532 Temporary structures and uses.

The following structures and uses are permitted in all zones on a temporary basis are permitted subject to the following regulations:
A. 
Temporary construction sheds and trailers. Temporary construction sheds and trailers shall be permitted on a temporary basis subject to the following regulations:
(1) 
The design and installation of temporary construction sheds and trailers shall comply with the requirements of the most recent version of the IBC as referenced in the PA UCC adopted by the Township of Rapho.
(2) 
Temporary construction sheds and trailers shall be permitted only during the period that the construction work is in progress.
(3) 
Temporary construction trailers or sheds shall be located on the lot on which the construction is progressing and shall comply with the accessory use and structure required yard setbacks for the applicable zone.
(4) 
Temporary construction sheds and trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use.
(5) 
Temporary construction sheds and trailers may be permitted to be used as a temporary sales center for residential lots. The maximum gross floor area of such a temporary sales center shall be 500 square feet.
B. 
Temporary portable storage units. Temporary portable storage units including those commercially known as "PODS®" or containers of a box trailer with or without wheels shall be permitted on a temporary basis subject to the following regulations:
(1) 
Temporary portable storage units shall be permitted for a maximum period of 60 consecutive days in any one calendar year.
(2) 
Temporary portable storage units shall comply with the accessory use and structure minimum required yard setbacks for the applicable zone, except that such containers may be located within front yards, provided they are at least 10 feet from any adjoining street right-of-way line and are located on an improved surface in accordance with Article V relating to improved surfaces (§ 350-513).
(3) 
No temporary portable storage units shall be used for permanent storage or a dwelling use.
C. 
Temporary personal waste disposal container bags. Temporary personal waste disposal container bags including those commercially known as "Bagsters®" shall be permitted on a temporary basis subject to the following regulations:
(1) 
Temporary personal waste disposal container bags shall be permitted for a maximum period of 60 consecutive days in any one calendar year.
(2) 
Temporary personal waste disposal container bags shall comply with the accessory use and structure minimum required side and rear yard setbacks for the applicable zone, except that such containers may be located within front yards, provided they are at least 10 feet from any adjoining street right-of-way line.
(3) 
No personal waste disposal container bags shall be used for permanent storage.
D. 
Temporary special event sales. Temporary special event sales shall be permitted on a temporary basis subject to the following regulation:
(1) 
Two temporary special event sales shall be permitted per calendar year. Such temporary special event sales shall be limited to no more than a total of 30 days per calendar year.
(2) 
Temporary special event sales shall not be located within the parking lot during the months of November, December, January, February, and March, because of the potential need for snow removal.
(3) 
Temporary special event sales may be located in any front yard area, provided they are at least:
(a) 
Forty-five feet from any adjoining street right-of-way line; and
(b) 
Ten feet from any side or rear lot lines.
(4) 
Temporary special event sales shall be permitted to be located:
(a) 
On sidewalks (excluding sidewalks within the public right-of-way), under canopies, or other in an area immediately adjacent to the principal building's front building wall or storefront, provided that such location provides clear pedestrian access (sidewalk or other area) at least eight feet wide adjoining the principal building's front building wall or storefront; or
(b) 
Within the parking lot, provided that such location does not occur within any area for required vehicular circulation, parking, and loading, or emergency vehicle access (e.g., fire lanes). Within parking lots, such temporary special event sales display areas shall be specifically delineated from the adjoining parking lot by the use of identifiable barriers (e.g., tents, canopies, temporary fences, or ropes).
(5) 
The total area devoted to temporary special event sales displays shall not exceed 20% of the net retail floor area or net floor area, as applicable, of the principal building on the lot.
(6) 
The applicant shall submit an hours of operation and management plan in accordance with application for zoning permits for nonresidential uses in zoning permits demonstrating how on-site activities are appropriately scheduled, operated, and maintained to protect the existing neighborhood and nearby residential uses from detrimental noise, disturbance, or interruption.
(7) 
This use shall comply with all of the applicable Township of Rapho, county, state and federal statutes, laws, ordinances, regulations, and requirements.

§ 350-533 Traffic impact study and street classifications.

In those instances where traffic impact studies are required and street classifications are referenced elsewhere in this chapter and/or the SLDO (as applicable), in all zones said traffic impact studies and street classification references shall comply with the following requirements:
A. 
Where a traffic impact study is required in this chapter, it shall comply with the applicable standards and requirements of the SLDO. Deviations from the standards and requirements listed in the SLDO that are proposed during the:
(1) 
Subdivision/land development process shall be permitted to be requested and may be permitted as a modification according to the SLDO.
(2) 
Zoning permit process that does not involve subdivision/land development review shall be permitted to be requested and may be permitted as a variance according to the provisions for a variance set forth in Article VIII of this chapter relating to variances in Zoning Hearing Board's functions (§ 350-805C).
B. 
Where the proposed use will generate 100 or more new trips to the adjacent streets' peak-hour volumes according to the most recent version of the Institute of Transportation Engineers (ITE) standards:
(1) 
The applicant shall submit a traffic impact study in accordance with this section; and
(2) 
Unless otherwise specified elsewhere in this chapter, where the proposed use includes a nonresidential, nonagricultural use located within an Agricultural and Rural Zone, Residential Zone, or (CC) Zone, then proposed use shall be located on a lot that fronts on and has direct lot access to an arterial street or collector street.
C. 
For purposes of this chapter, street and roads within Rapho Township shall be classified as follows:
(1) 
Arterial or collector streets. See Table 5-32.1 for streets and roads classified as arterial or collector streets:
Table 5-32.1
Arterial or Collector Streets
Street Name
Street Number
Arterial Streets
PA Turnpike
1-76
Lebanon Road
SR 0072
East Main Street
SR 0230
Route 283
SR 0283
Mt. Joy Road
SR 0772
Old Harrisburg Pike (Salunga Road)
SR 4020
Collector Streets
Colebrook Road (North and South)
T 374
Iron Bridge Road
T 681
Auction Road
T 875
Longenecker Road
SR 4003
Pinkerton Road
SR 4003
Kinderhook Road
SR 4003
Elizabethtown Road
SR 4008
Hossler Road
SR 4010
Old Line Road
SR 4026
Milton Grove Road
SR 4033
Meadow View Road
SR 4033
Pinch Road
SR 4029
(2) 
Local streets. All street and roads not otherwise identified as arterial streets or collector streets, shall be classified as local streets.

§ 350-534 Vehicle queuing standards.

Vehicle queuing spaces and lanes are subject to the following criteria:
A. 
Vehicle queuing facilities associated with any use having a drive-through and/or drive up facilities or other uses provided in Table 5-34.2 in the subsection below (§ 350-534E) shall be provided to prevent vehicle backups on adjoining streets.
B. 
Vehicle queuing lanes shall have on-site directional signs, indicator lights or pavement markings identifying the direction of travel and lane status (such as "open" vs. "closed").
C. 
Vehicle queuing spaces and lanes shall not:
(1) 
Impede on- and off-site traffic movements;
(2) 
Cross or pass through off-street parking areas; and
(3) 
Create a potentially unsafe condition where crossed by pedestrian access to a public entrance of a building.
D. 
Vehicle queuing lanes shall be separated by striping or curbing from off-street parking areas. Individual lanes shall be striped, marked, or otherwise distinctly delineated.
E. 
The minimum required dimensions of one vehicle queuing space shall be not less than required in Table 5-34.1 in this subsection below:
Table 5-34.1
Vehicle Queuing Space Dimensions
Minimum Width
(feet)
Minimum Depth
(feet)
12
20
F. 
Vehicle queuing lanes and related facilities shall comply with the accessory use and structure required yard setbacks for the applicable zone.
G. 
The following vehicle queuing space requirements for specific uses shall be provided as listed in Table 5-34.2 in this subsection below:
Table 5-34.2
Vehicle Queuing Lane Requirements
Use
Required Queuing Spaces
Measured From
Bank and other financial institution with drive-through/drive-up window and/or ATM; or
Other establishments with drive-through/drive-up window and/or ATM
1 to 2 lanes: 4 per lane or kiosk; or
3 or more lanes: 3 per lane or kiosk
Window or ATM
Restaurant with drive-through/drive-up window
6 per menu board or window, with at least 4 of the required spaces between the menu board and pickup window
Menu board or window
Other establishments with drive-through/drive-up window
1 to 2 lanes: 4 per lane or kiosk; or 3 or more lanes: 3 per lane or kiosk
Front of drive-through/drive up lane or window
Vehicle filling station or establishments with fueling/gas pumps
2 per fuel/gas pump
End of pump island
Vehicle washing or vehicle conditioning
Self service: 3 per washing bay at entrance; and 1 vehicle per washing bay at exit
Full-service or automatic: 5 per washing bay at entrance; and 2 per washing bay at exit
Outside of washing bay
Vehicle service/repair and other establishments with oil change/quick lube
3 per service bay
Outside of service bay
Hospital and other similar inpatient health care establishments
4 per patient delivery entrance
Patient delivery entrance
Other uses
Other uses not specified in this table: Number of spaces (and related measurements from) normally required for similar uses listed elsewhere within this table

§ 350-535 Yard setback and setback exceptions/modifications.

Yard setback and setback exceptions/modifications shall be permitted in all zones subject to the following regulations:
A. 
Front yard setback of principal buildings on built-up streets. Where at least two adjacent principal buildings within 100 feet of a lot proposed for development are set back a lesser distance than the required minimum front yard setback, the average of the lesser setback distances of the existing buildings becomes the required minimum front yard setback for the lot proposed for development. However, except for the (CC) Zone, in no case shall the minimum front yard setback be less than 30 feet from any adjoining street right-of-way line.
B. 
Accessory or appurtenant structures. The required yard setback regulations of the applicable zone do not apply to:
(1) 
The following structures attached to and projecting from the wall or roof of a building:
(a) 
Cornices, eaves, sills, windows, window wells and awnings, heating or cooling systems, satellite dish antennas, chimneys, gutters, accessory alternative energy systems and other similar architectural or appurtenance treatment.
(b) 
Decks, porches, or patios, where covered or not.
(c) 
At- or above-grade, heating or cooling systems or backup generators for single- or two-family residential uses, as long as they comply with the accessory building yard setback for the applicable zone.
(d) 
Open fire escapes.
(2) 
Bus shelters.
(3) 
Minor public utility structures.
(4) 
Fences, hedges and retaining walls.
(5) 
Sandboxes.
(6) 
Decorative fountains.
(7) 
Swing sets.
(8) 
Birdhouses and bird feeders.
(9) 
Mailboxes.
(10) 
Sidewalks.
(11) 
Ramps, railings, and other accessibility-related improvements required by the Americans with Disabilities Act (ADA) in accordance with the most recent version of the ADA Standards for Accessible Design of the United States Department of Justice and the most recent version of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho.