Every dwelling unit shall conform to all applicable building, housing, electrical and plumbing codes in effect in the Township or as may hereafter be enacted.

Every dwelling unit shall be placed upon and firmly anchored to a permanent foundation. A permanent foundation shall consist of masonry construction placed upon footers set below the frost line or other technique or methodology of demonstrated capability.

Every dwelling unit which is to be located in the Flood-Fringe or General Floodplain District shall comply with all applicable district regulations in Article IV and the floodplain management provisions contained in Article VII of this chapter.[1]

Every dwelling unit, including mobile homes, in a Residential Suburban District must contain a minimum of 1,400 square feet of habitable floor area. In districts other than the Residential Suburban District, every single-family detached or attached dwelling unit and every two-family attached dwelling unit must contain a minimum of 900 square feet of habitable floor area. In districts other than the Residential Suburban District, every dwelling unit, including mobile homes, not provided for above must contain a minimum of 600 square feet of habitable floor area.

Design and placement standards.

Administrative procedures.

Minimum area and density requirements.

Minimum lot width. The minimum width for each single-family attached dwelling unit lot shall be as specified in the district regulations, Article IV and Appendix D.[5]

Minimum yard requirements shall be as follows:

Traffic access and parking facilities. Each single-family attached dwelling structure must access onto a public or private street. All new streets or access drives shall be designed and constructed in accordance with the road standards outlined in Chapter 123, Subdivision and Land Development. The number of parking spaces available on the site shall equal no less than two stabilized spaces per dwelling unit.

Sewage and water facilities. Adequate sewage and water facilities must be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Protection.

Solid waste collection and disposal. The developer shall present information explaining his proposed method of solid waste collection and disposal. If such method is not deemed sufficient, then an alternate means must be presented by the applicant.

Drainage-control requirements. All plans for single-family attached dwelling structures shall include information indicating what types of drainage-control facilities will be installed to handle runoff produced by the new structure and the grade of the site. The plans should also indicate where the drainage is to be ultimately channeled. (See also § 135-54E.)

Grading and landscaping (soil erosion and sedimentation control). Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed, plans shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. (See also § 135-54E.) Where adjacent land use dictates, screen plantings or buffer yards of 25 feet may be required. (See also §§ 135-55 and 135-56.)

Common open space ownership and maintenance. Where the conveyance of title to individual dwelling units of a single-family attached dwelling structure does not include the conveyance of any land area or does not include conveyance of the entire site, the developer shall submit a plan of the arrangements to be made for ultimate ownership of and maintenance responsibilities for the common open space/land area associated with the building (including access drives and driveways) as a part of his application for such a use.

Minimum area and density requirements. The minimum lot area required for each dwelling unit shall be as specified in the district regulations, Article IV and Appendix D.[2] The gross lot area provided for each multifamily dwelling structure shall consist of the minimum lot area per dwelling unit multiplied by the total number of dwelling units proposed. The maximum allowable density shall be 15 dwelling units per acre.

Minimum lot width. No specific minimum lot width is required, but will be dependent upon each individual proposal. In addition, all applicable yard requirements will apply.

Minimum yard requirements shall be as follows:

Other requirements. All design requirements set forth in § 135-19D, E, F, G, H and I shall also be met.

Minimum area and density requirements. The minimum area and density requirements set forth in §§ 135-19A and 135-20A for single-family attached dwellings and multifamily dwellings, respectively, shall apply to the type of development proposed.

Minimum lot width. The minimum required lot width shall vary with each individual application and shall be dependent upon the number of units proposed in each structure and the proposed arrangement of buildings in the development. For developments involving single-family attached dwellings, each dwelling unit shall maintain the minimum width required in the district regulations, Article IV and Appendix D.[2]

Design standards.

Building relationships.

Minimum park area. The minimum gross area provided for each mobile home park shall be as specified in the district regulations.

Mobile home park lot requirements.

Boarding or rooming facilities or bed-and-breakfast establishments shall be accessory to a single-family dwelling unit and may or may not include arrangements for breakfast or other meals.

Accommodations in a boardinghouse or rooming house shall be limited to no more than six additional persons and shall be for periods of one week or more. The maximum number of guests accommodated in a bed-and-breakfast establishment shall be dependent upon the type and capacity of sewage disposal facilities on the site.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall be approved by the Pennsylvania Department of Environmental Protection, where applicable. All additional standards or regulations of the Pennsylvania Department of Labor and Industry shall also be met. Satisfactory evidence that all necessary permits or approvals have been obtained shall be submitted as part of any application for a boardinghouse or rooming house or a bed-and-breakfast establishment.

The lot upon which the boardinghouse or rooming house or bed-and-breakfast establishment is located shall have a gross area equal to the minimum specified in the district regulations, Article IV and Appendix D.

The off-street parking requirements set forth in § 135-76, Table 1, and all other applicable parking standards shall be met.

Where adjacent land use dictates, adequate buffer yards and/or screen planting shall be provided in accordance with the standards of §§ 135-55 and 135-56.

Where a single-family detached dwelling or similar structure is converted for student housing, accommodations may be provided for no more than 10 individuals, unless the applicant can demonstrate that the facility is of such size that it can adequately provide for additional residents. Where a dormitory or new facility is constructed, such structures may accommodate up to 25 students. A minimum of 500 square feet of habitable floor area must be provided for each student to be housed in a student housing facility.

Residents shall have shared use of all bathroom and kitchen facilities as well as other common rooms within the housing structure. Arrangements shall be made for common eating facilities, and cooking in individual rooms shall be prohibited. Adequate bathroom facilities shall be provided for all students. Where an existing structure is converted for use as a student housing facility, a minimum of one bathroom shall be provided for each four residents.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall be approved by the Pennsylvania Department of Environmental Protection, where applicable. All additional standards or regulations of the Pennsylvania Department of Labor and Industry shall also be met. Satisfactory evidence that all necessary permits or approvals have been obtained shall be submitted as part of any application for a student housing facility.

The lot upon which the student housing facility is located shall have a gross area equal to the minimum specified in the district regulations, Article IV and Appendix D.[2]

The off-street parking requirements set forth in § 135-76, Table 1, and all other applicable parking standards shall be met.

Where adjacent land use dictates, adequate buffer yards and/or screen planting shall be provided in accordance with the standards of §§ 135-55 and 135-56.

There shall be no more than one student housed on a lot on which as student housing facility is located per 1,250 square feet of lot area.

Residents of a group home shall maintain a single household unit with shared use of rooms, except bedrooms, and shall share mealtimes and housekeeping responsibilities.

Accommodations shall be provided for no more than six residents at one time, unless the applicant can demonstrate that the facility is of such size that it can adequately accommodate additional occupants.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall be approved by the Pennsylvania Department of Environmental Protection, where applicable. All additional standards or regulations of the Pennsylvania Department of Labor and Industry shall also be met. Satisfactory evidence that all necessary permits or approvals have been obtained shall be submitted as part of any application for a group home.

Residents shall remain in residence for a period of at least three months, and a change of residents shall not routinely occur except in the case of death, extended illness or disability.

Residents shall not receive regular medical treatment or psychological counseling on the premises, nor shall the services provided be of such nature as would render the home an institutional facility.

Adult supervision shall be provided at the facility on a twenty-four-hour basis.

A minimum of one off-street parking space shall be provided for each employee plus one additional space for each two residents.

Where adjacent land use dictates, adequate screening or buffer yards shall be provided. (See §§ 135-55 and 135-56.)

Outdoor recreation areas of at least 100 square feet per child and 50 square feet per adult being tended shall be provided. Such areas shall be completely enclosed with a four-foot-high chain-link fence located no less than 25 feet from the edge of any adjoining street right-of-way.

Outdoor recreation areas shall be sufficiently screened and sound-insulated to protect the neighborhood from noise and other disturbances.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the facility and shall be approved by the Pennsylvania Department of Environmental Protection, where applicable.

All other applicable codes, ordinances or laws (including regulations of the Pennsylvania Department of Public Welfare, Pennsylvania Department of Labor and Industry and Pennsylvania Department of Education) shall be met. Satisfactory evidence that all necessary permits or approvals have been obtained shall be submitted as part of any application for a day-care center.

For the purposes of this chapter, camps or vacation homes shall be construed to mean permanent structures used only periodically during the year. Such use may include shelter during hunting and fishing seasons, private vacation and/or weekend or holiday uses or other similar periodic visits at any time of the year.

Every lot to be utilized for such use shall contain a gross area at least equal to the minimum lot size for the district in which it is located and shall provide a width equal to the minimum required in the applicable district.

Every such structure shall be provided with adequate sewage disposal and water supply systems, subject to the applicable rules and regulations of the Pennsylvania Department of Environmental Protection. Satisfactory evidence that all necessary permits of this type have been obtained shall be submitted as a part of an application for a camp, cabin or vacation home.

A camp or seasonal structure shall not be converted to a permanent, full-time dwelling unit unless the same shall conform to all applicable Township codes and ordinances. Where seasonal structures are proposed for conversion to full-time occupancy, all habitable floor area requirements contained in § 135-17 must be met, and adequate sewage and water supply systems must be provided.

No buses, trucks or similar vehicles are permitted as permanent camp structures.

No more than one permanent camp structure shall be erected on an individual lot, except as part of an approved recreational land development.

General requirement. The owner of the campground or recreational vehicle park shall, on an annual basis, certify to the Township, in writing, the campground's or park's compliance with the original building and zoning permit.

Design standards.

Utilities and park facilities.

Campgrounds in flood-prone areas.

The minimum area required for such activities shall be as set forth in the district regulations, Article IV and Appendix D.[1]

A plan showing the proposed facilities and/or design of the recreation facility or park or playground shall be provided by the applicant with his building and/or zoning permit application.

A statement shall be submitted by the applicant indicating the reasons why the proposed facility is appropriate for the district in which it is to be located.

Off-street parking facilities shall be provided in accordance with the requirements of § 135-76, Table 1.

Sewage disposal facilities shall be provided by the applicant in accordance with the standards of the Pennsylvania Department of Environmental Protection. An indication of the type of such sewage facilities that are to be provided shall be submitted by the applicant as a part of his building and/or zoning permit application.

Information on the proposed method of solid waste collection and disposal shall be presented with the building and/or zoning permit application.

Outdoor security lighting shall be provided for the facility. Such lighting shall be installed and shielded to eliminate direct glare on adjacent properties or upon public streets.

All buildings, structures or active recreation activities shall be appropriately screened in accordance with the requirements of § 135-56 and shall be set back at least 50 feet from all property lines. Where the proposed activity could create a potentially hazardous situation, such as a shooting range, additional precautions shall be taken by the applicant to ensure the safety of the public. In all such circumstances, the Township Supervisors shall review the precautions being proposed and shall determine their adequacy.

The proposed hours, rules and security arrangements for the facility shall be included with the building/zoning permit application. Consideration shall be given not only to the convenience of the users, but also to the convenience, safety and welfare of the neighborhood in which the facility is to be located.

A sketch plan showing the tract of ground on which the use is to be located.

An indication that the use will not have a detrimental effect on the character of the area or neighborhood where it is proposed to be located.

An indication that adequate sewage disposal facilities will be provided.

An indication that access to the proposed establishment will be adequate and as required by this chapter (§ 135-78) and that the number of off-street parking spaces required by this chapter (§ 135-76, Table 1) will be provided.

An indication that a buffer yard or screen planting will be provided as required by this chapter (§§ 135-55 and 135-56).

An indication of the establishment's proposed hours of operation.

No gasoline service station or automotive repair shop shall have an entrance or exit for vehicles within 300 feet of any school, playground, church or public place of assembly nor within 50 feet of any intersection.

All gasoline pumps or other fuel-dispensing devices shall be no closer than 25 feet to any street right-of-way line or lot line.

All associated repair work (excluding preventive maintenance and minor adjustments) shall be carried out within a structure. All repair materials, including new, used, discarded or unusable parts of any vehicle, shall be stored within a building.

All fuel, oil, propane gas or other similar substance shall be stored at least 25 feet from any street right-of-way or property line. (Additional permits may be necessary to meet state and federal requirements regarding the location of storage tanks for such purposes.)

Where adjacent land use dictates (i.e., residential home sites, churches or similar uses), proper screen plantings or buffer yards of 25 feet shall be provided. (See also §§ 135-55 and 135-56.)

Bodywork or painting of vehicles may be permitted only where the operation is to be conducted within an enclosed structure and where such structure meets the Pennsylvania Department of Labor and Industry regulations and is designed to contain all noise, vibrations, dust and odor generated by the activity.

All such uses shall be conducted entirely within an enclosed structure.

Off-street parking spaces shall be provided in accordance with § 135-76, Table 1.

Illuminated signs or other outdoor lighting shall be installed and shielded to avoid causing glare on adjacent properties or creating a hazard for passing motorists. (See also Article VIII of this chapter.)

Adequate measures shall be taken to prevent noise or other noxious influences from disturbing nearby residential properties.

Adult entertainment establishments shall not be located within:

Advertisements, displays or other promotional materials for adult entertainment establishments shall not be shown or exhibited so as to be visible to the public from any street, sidewalk or other public place.

All building openings, entries, exits or windows for adult entertainment establishments shall be located, covered or screened in such a manner so as to prevent a view into the interior from any street, sidewalk or other public place. In the case of any adult drive-in or motion-picture theater, viewing screens shall be situated so as to prevent observation from any street, sidewalk or other public area and from any private property adjoining such use.

All kennels shall be effectively screened from adjacent residential properties and shall not be detrimental to any abutting commercial use.

Any and all outdoor lighting shall be mounted and shielded in such a way so as to avoid causing glare on adjacent lots or properties.

All outdoor kennel areas shall be completely enclosed with a chain-link fence or other suitable fence or wall.

The kennel area shall be located at least 200 feet from any residential structure, except the owner's residence.

Adequate arrangements shall be made for the disposal of excrement, waste or animal parts and other refuse to the satisfaction of the Township and the Pennsylvania Department of Environmental Protection. Such arrangements shall assure that the wastes will not create odor, dust or other noxious effects that could be considered public nuisances.

Industrial operations shall abut and/or provide direct access to a street or highway which is capable of accommodating the anticipated levels and types of industrial and employee traffic.

Every industrial or manufacturing operation must be contained within a building. All storage associated with such uses shall be contained within an enclosed building or shall be shielded or screened from view by a fence and/or screen planting and shall not be located within any setback or required yard.

Adequate public or off-lot sewer and water facilities must be available for each industrial or manufacturing operation or must be provided by the developer and approved by the Pennsylvania Department of Environmental Protection. All additional standards or regulations of the Pennsylvania Department of Labor and Industry shall also be met. Satisfactory evidence that all necessary permits or approvals have been obtained shall be submitted as part of any application for such a use.

The off-street parking requirements set forth in § 135-76, Table 1, and the off-street loading requirements of § 135-77, Table 2, shall be met.

Where adjacent land use dictates or where in the opinion of the approving authority it would be appropriate, buffer yards of 50 feet and screen planting shall be provided along the entire perimeter of the site. (See also §§ 135-55 and 135-56.)

Compliance with the following minimum performance standards, in addition to all applicable local, state or federal codes or regulations (including the Department of Environmental Protection's air, water and noise pollution control standards) shall be required.

The lot upon which the warehousing or storage facilities are located shall have a gross area equal to the minimum specified in Article IV and Appendix D, District Regulations, for the district in which it is located.

The off-street parking requirements set forth in § 135-76, Table 1, and the off-street loading requirements of § 135-77, Table 2, shall be met.

All outdoor storage or storage of materials, equipment and products associated with warehousing activities shall be situated within the buildable area of the lot on which the warehouse is located and behind the front line of the principal building. No outdoor unenclosed storage shall be located within any required setback or yard area.

Outdoor storage shall not exceed 35 feet in height.

Outdoor storage shall be completely shielded from view from all public roads and adjacent properties by use of natural plantings and/or fencing. (See also § 135-56.)

Storage of hazardous materials shall be governed by the requirements of this section and § 135-35F(9), as well as all applicable state and federal regulations.

All construction, fabricating and fitting activities shall be conducted within an enclosed building or structure.

Storage yards shall be buffered and screened from adjacent areas in accordance with the requirements of §§ 135-55 and 135-56.

All precautions deemed necessary shall be taken to minimize potentially noxious, hazardous or nuisance occurrences within the C or I District or in any adjacent district.

Extractive operations shall abut on or provide direct access to an arterial highway capable of accommodating heavy trucks and employee traffic. Truck access to any excavation shall be arranged to minimize danger to traffic and nuisance to surrounding properties. The Township Supervisors may require the applicant to post a highway performance bond in order to assure the maintenance of local municipal roads used for access and transportation of resources, materials and products of the operation. The amount of the bond shall be set by the Township Supervisors and shall be valid for one year. An annual renewal of the bond and its amount shall be required. The bond shall be administered in accordance with the provisions of Article V of the Pennsylvania Municipalities Planning Code, as amended,[2] relating to improvement agreements.

The applicant shall submit plans which indicate what precautions will be taken to avoid soil erosion and sedimentation problems wherever any excavation is proposed. The applicant shall consult the County Conservation District concerning these plans and shall obtain a report on the soil characteristics of the site. Exposed ground surfaces shall be stabilized or protected with a vegetative cover to prevent soil erosion, unless other erosion control techniques are approved.

Proper screen plantings and a buffer yard of 50 feet shall be provided along the perimeter of the excavation site. In the case of open excavation, a fence at least six feet in height shall completely surround at least that portion of the property containing the excavation.

No mineral extraction activities, stockpiling or storage of extracted material shall be located closer than 150 feet to any property line, street right-of-way line or residential dwelling nor less than 250 feet from any stream or body of water.

Where permitted, rock crushers, batching or mixing plants or other grinding, polishing or cutting machinery shall be set back a minimum of 100 feet from all property lines and public rights-of-way and shall be subject to such additional conditions and safeguards deemed necessary by the appropriate approving agency to protect the public health, safety and welfare.

Any blasting required for extractive operations shall be conducted only by persons having a current license issued by the Pennsylvania Department of Labor and Industry. Blasting, handling and storage of explosives shall be carried out in accordance with the most current rules and regulations of the Pennsylvania Department of Labor and Industry. The applicant and/or operator of any excavation involving blasting shall carry insurance to cover such operations in an amount satisfactory to the Township Supervisors.

Following the extractive operation, the applicant shall restore the area to a contour satisfactory to the Township Supervisors. The applicant shall provide plans and proposals indicating the process to be followed to bring about this restoration prior to the issuance of a building/zoning permit. If it is determined appropriate by the Township, it may require a performance bond from the applicant to insure that such restoration will take place. Such bond shall be administered in the same fashion as the highway performance bond discussed in Subsection A above.

Such uses shall be conducted within a building or entirely enclosed within a fence or wall not less than eight feet in height constructed of a permanent material. In addition, a buffer yard and screen planting as set forth in §§ 135-55 and 135-56 may be required. No part of any buffer yard may be used for the storage of any materials or parts associated with the operation.

No junk material, appurtenant structure, related activity or other enclosure shall be stored, placed, located or conducted within 50 feet of any adjoining property line or public street right-of-way. No weeds or scrub growth over eight inches in height shall be permitted to grow within this setback area.

All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water. No junk shall be piled to a height exceeding eight feet.

No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be attended and controlled at all times.

All junkyards shall be maintained in such a manner to avoid causing public or private nuisances, causing any offensive or noxious odors or causing the breeding or harboring of rats, flies or other vectors that could be hazardous to public health.

The minimum area required for a sanitary or municipal waste landfill shall be 50 contiguous acres.

The applicant shall obtain approval for the proposed facility from the Pennsylvania Department of Environmental Protection prior to the issuance of a building/zoning permit by the Township.

Sanitary or municipal waste landfills shall abut on or provide direct access to an arterial highway capable of accommodating the anticipated traffic. Truck access to any such facility shall be arranged to minimize danger to general traffic and nuisance to surrounding properties. The Township Supervisors may require the applicant to post a highway performance bond in order to assure the maintenance of local municipal roads used for access to and from the site of the facility. The amount of the bond shall be set by the Township Supervisors and shall be valid for one year. An annual renewal of the bond and its amount shall be required. The bond shall be administered in accordance with the provisions of Article V of the Pennsylvania Municipalities Planning Code, as amended,[1] relating to improvement agreements.

Sanitary or municipal waste landfills shall be completely enclosed by a fence so as to be screened from view by passing motorists and from adjoining properties to eliminate debris from being blown from the site and to discourage trespassing.

All sanitary or municipal waste landfills shall be located a minimum of 250 feet from any stream, water body or wetland area or well and shall be separated from such features by an earthen, landscaped berm designed and constructed to preclude any direct or indirect runoff of surface water into the water source.

Sanitary or municipal waste landfills shall be located a minimum of 1,000 feet from any school, church, municipal building or medical facility.

All fill areas associated with sanitary or municipal waste landfills must be situated at least 1,500 feet from adjoining property lines and street rights-of-way.

A geological study, identifying the seasonal variations of groundwater in the vicinity of the proposed site, as well as the types and depths of various soils and geologic formations in the area, shall be prepared by the applicant and submitted to the Township as a part of an application for a sanitary or municipal waste landfill. This report shall also include a detailed description of the subsurface conditions of the proposed site and shall indicate the likely impacts of such a use on these conditions.

A reclamation plan indicating, in detail, the intended method of closeout and reuse of the site shall be prepared by the applicant and submitted to the Township as a part of an application for a sanitary or municipal waste landfill.

Storage of manure and/or odor- or dust-producing substances shall not be permitted within 150 feet of a lot line.

Coal-fired greenhouse heating plants shall not be operated within 100 feet of any R-S or R-U District or residential dwelling. When natural gas or fuel oil is used, the distance may be reduced to 50 feet.

Buildings in which animals and/or poultry are to be housed (temporarily or permanently) shall not hereafter be erected within 50 feet of a property line.

This § 135-41.1 shall apply for a use with a new or expanded building used to house animals that is placed or constructed after the effective date of this section.

A new or expanded building used for intensive raising of livestock and/or poultry shall not be located within the following, whichever is more restrictive:

Minimum lot area. A minimum lot area of 10 acres shall apply except a minimum lot area of 40 acres if the use will have more than five animal equivalent units per acre on the average.

As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would not be detrimental to public health or safety or create significant hazards or nuisances.

An adjacent property owner may also waive his/her rights to an increased setback by providing a signed and notarized written letter to the Zoning Officer. Such waiver shall be automatically binding upon future owners of the property.

The applicant should describe in writing or on site plans methods that will be used to address water pollution and insect and odor nuisances. The applicant should provide a written comparison of proposed methods of controlling insect and odor nuisances and avoid water pollution to applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the United States Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection or their successor publications. The applicant may provide a cross-reference to certain sections of such manuals or other written industry standards to describe the methods that will be used.

The location of the facility is requested to consider prevailing wind patterns as they may affect the nearest existing dwellings.

For a new or expanded raising of livestock or poultry use, evidence shall be provided by the operator/applicant to the Township to show that there will be compliance with procedures and requirements of the State Nutrient Management Act and accompanying state regulations, if applicable.

See manure storage facility setback regulations in the State Nutrient Management Regulations.

Such stands shall not exceed 400 square feet in size and shall be removed during that period of time when not in use for the sale or display of products.

Two additional off-street parking spaces shall be provided where a roadside stand is established.

Stands shall be located at least 20 feet from the edge of the adjoining street right-of-way and at least 50 feet from any intersection.

The requirements of Chapter 96, Peddling and Soliciting, shall be met in full.

Public utility structures, including substations, water pumping stations and/or sewage treatment facilities, shall be designed and constructed to be compatible with the general character (appearance and structural material) of the other structures within the district in which they are located.

Structures may be permitted for the housing of transformers, pumps and similar equipment, subject to the standards set forth in the district regulations. Such structures shall house only those vehicles or equipment necessary to provide normal maintenance and repair for the systems, except in the C or I District, where office space may also be provided.

Outdoor storage areas associated with public utility services may only be permitted as set forth in the district regulations. Where permitted, such storage areas shall be enclosed with a fence and shall be screened from view by adequate planting. In addition, where adjacent land use dictates, buffer yards of 25 feet may also be required to provide sufficient separation of uses.

In-ground swimming pools. Every in-ground swimming pool shall be completely surrounded by a fence, wall or similar enclosure not less than four feet in height, which shall be so constructed as to prevent uncontrolled access. All gates or doors in the fence or wall shall have self-closing, self-latching devices on the pool side for keeping the door or gate securely closed at all times when not in use. A dwelling or accessory structure may be used as part of such enclosure.

Aboveground swimming pools.

All existing swimming pools shall be compliant with this section no later than June 15, 2000.

Home occupations may be permitted as accessory uses in the A-R, R-S, R-U and C Districts, subject to the following standards.

Other home occupations not specified above may be permitted upon finding of the Zoning Hearing Board that such use complies with the criteria of this section and other applicable codes and ordinances and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood.

All home occupations are to be registered with the Township yearly (by calendar year, to be renewed every January), by filling out a home occupation application as well as paying an application fee to keep all home occupation applicants in accordance with the Township ordinance.

If the Scott Township Code Officer finds that any of the ordinance/application answers are not in accordance with the Township ordinance, the in-home occupation will have their application denied and will be unable to operate until having an appeal hearing with the Scott Township Zoning Hearing Board. (See fee schedule for costs.)

All such uses must remain secondary to the principal building or use of the site.

The minimum habitable floor area requirements of § 135-17D shall be met.

The off-street parking requirements set forth in § 135-76, Table 1, shall be met in full for each use.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the additional proposed dwelling unit and shall be approved by the Pennsylvania Department of Environmental Protection, where applicable. Satisfactory evidence that all necessary permits or approvals have been obtained shall be submitted as part of any application for an accessory residential use.

Where adjacent land use dictates, adequate buffer yards and/or screen planting shall be provided in accordance with the standards of §§ 135-55 and 135-56.

Circuses, carnivals or open-air cultural, religious or sporting events.

Mobile homes. Mobile homes providing temporary quarters, either for commercial or construction use, may be permitted by the Township Zoning Officer for a limited period of time. When so authorized, such units shall be subject to the following standards.

Docks and all other water-related uses shall be installed so that they create no rise in the one-hundred-year flood level. When there is a threat of a flood, docks shall be removed from the floodplain.

Docks must be removed from the watercourse by their owner during the off-season and may not be stored in the Floodway District. If stored in a Flood-Fringe or General Floodplain District, they must be secured in such a way as will prevent lateral movement.

Docks shall extend no more than 10 feet into the river and shall be located no closer than 50 feet to any other dock.

Building-mounted communications antennas shall not be located on any single-family dwelling, two-family dwelling or multifamily dwelling.

Building-mounted communications antennas and communications antennas mounted on a nonresidential structure (excepting communication towers and public utility transmission towers) shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.

Omnidirection or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.

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

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township Code Enforcement Officer for compliance with the Scott Township's Building Code and other applicable law.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished. Easements shall be a minimum of 20 feet in width and shall be improved with a dust-free all-weather-surface cartway at least 10 feet in width for its entire length.

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

The maximum height of any new tower or any tower in existence intended to be used as a telecommunications tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature in accordance with municipal, state and/or federal law and/or regulation.

The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.

Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-half-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

A communications tower may be located on a lot occupied by other principal structures within said lot.

Subdivision or land development approval shall not be required for a communications tower or communications antenna located on existing buildings, structures, communications towers or public utility transmission towers. All other communications towers shall require subdivision and land development approval if required under the ordinances of Scott Township.

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function at the proposed location based on specific engineering data.

The foundation and base of any communications tower and the communications equipment building associated therewith shall be set back from a property line (not lease line) a distance of at least 1/2 the height of the tower.

The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of Scott Township's Building Code.

The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.

All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public. The entire perimeter of the fence, excluding the gate area, shall be planted with evergreen trees at least six feet tall at the time of planting. The evergreen trees shall be planted no greater than every 10 feet.

Communications towers shall be protected and maintained in accordance with the requirements of Scott Township's Building Code.

If a communications tower or communications antenna remains unused for a period of six consecutive months, the owner of the property or operator of the tower shall dismantle and remove the communications tower within three months of the expiration of such six-month period or as soon thereafter as practical given existing weather conditions. The owner or operator shall provide Scott Township with a copy of the notice to the FCC of intent to cease operations.

One off-street parking space shall be provided within the fenced area.

Unless specifically required by other regulations, all communications towers shall have a neutral, earth-tone or similar painted finish that shall minimize the degree of visual impact.

No portion of any communications tower or related structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners, streamers, etc.

If the communications tower is located in an area of existing woodland, the existing woodland shall be preserved to the fullest extent possible.

The applicant for a new communications tower shall submit with the building application an affidavit stating that space on the proposed tower will be made available to future users when technically possible and at a commercially reasonable rate.

An applicant who proposes to attach a communications antenna to an existing communications tower, public utility transmission tower or building shall not be required to submit the information required under this section, provided that the same information had previously been supplied to the Township pursuant to a previous application and the current applicant and its engineer execute an affidavit that the previously supplied information is true and accurate and any changes in the information is specifically identified.

Communications antennas not attached to a communications tower or public utility transmission tower and their associated telecommunications support facilities may be located in any zoning district on:

Lot size. The minimum lot size shall be 30 acres.

Ownership. The flex community tract shall be developed according to a single plan with common authority and responsibility as determined by the landowner. If more than one person has an interest in all or a portion of a tract, all persons with interests in any portion of the tract shall join as applicants and shall present an agreement, in a form acceptable to the Board of Supervisors, guaranteeing that the tract as a whole shall be developed in accordance with any approval granted under this section as a single flex community with common authority and governing documents.

Mixed-use neighborhood. The flex community shall be designed as a mixed-use neighborhood in which residential, commercial and/or open space uses are within close proximity to one another. The development may be designed with a mix of housing types and sizes to allow diversity of household types.

Uses. The following uses shall be permitted as a matter of right within the zoning district pursuant to the mix of use criteria set forth within this section unless otherwise permitted by the Board of Supervisors:

Required mix of uses. To accommodate a diversity of age and incomes, the flex development may contain a mix of each of the permitted uses.

Utilities. Flex communities shall be served by public water supply and sewage disposal.

Lot and block standards for dedicated/public streets.

Residential design standards.

Neighborhood center design standards.

Network of circulation systems. The flex community shall be designed with an interconnected network of circulation systems that facilitates vehicular, pedestrian and bicycle use. An interconnected street pattern will create multiple routes in the development and limit the use of isolated culs-de-sac. Bikeway and/or trail systems will complement the public or private street network. Narrow streets which utilize traffic-calming techniques will promote pedestrian use as will a compact mixed-use development plan.

Circulation standards. The circulation system shall provide functional and visual links within the flex community and shall be connected to existing and proposed external development. The circulation system shall provide for different modes of transportation, including vehicular, pedestrian and bicycle.

Common open space. The following open space criteria shall apply:

Mix of use.

Parking. All uses within the flex community shall be provided parking as follows:

Lighting. Streetlighting shall be provided along all public streets and is intended to increase both pedestrian and vehicular safety as well as enhance the character of the flex community. More frequently placed smaller-scale lights, as opposed to fewer, taller, high-intensity lights, should be used. The scale of lighting fixtures and the illumination provided must be appropriate for both pedestrian and vehicular movements.

Landscape plan. The applicant shall provide a landscape plan during land development which is prepared by a registered landscape architect and shall provide the following:

Street trees. Shade trees shall be provided and installed in accordance with the landscape plan.

Landscaping and screening.

Parking lot landscaping. All parking lots fronting public streets or sidewalks and all parking lots abutting residential uses shall provide:

Signs. A comprehensive sign program which establishes a uniform sign theme shall be required for the entire flex development. Signs shall share a common style which is compatible with the approved architectural guidelines for the flex development. See § 135-76 for sign regulations.

Architectural guidelines. It is not the intent of Scott Township to dictate architectural styles. However, a set of standards shall be chosen by the applicant and adhered to consistently throughout the flex development. Standards selected shall enhance the design objectives and goals as specified by § 135-3, General purposes.

Lot coverage/setbacks. The setbacks and lot coverage for a flex community shall utilize the criteria set forth in § 135-21 (which shall include setback criteria for the nonresidential portions of the development). Maximum building coverage shall be 25%.

Height. The height criteria for all uses shall be 45 feet or four stories.

Land development. The developer of a flex community is encouraged to submit a sketch plan to the Township Planning Commission for preliminary discussion of intent. Likewise, the Board of Supervisors should provide comment on the layout of said development during the sketch plan phase of development in order to ensure that preliminary plans have received input by the Township prior to submission. Nothing in this section should be construed to require a hearing or negate the normal subdivision review and comment procedure found within the Township's Subdivision and Land Development Ordinance.

Permitted as an accessory structure. ASES shall be permitted as a use by right as an accessory use in every district. An ASES shall be restricted to roof-mounted systems. Ground-mounted accessory solar energy systems shall not be permitted.

Compliance with industry standards. The ASES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), or other similar certifying organizations, and shall comply with the PA Uniform Construction Code, regulations adopted by the Pennsylvania Department of Labor and Industry, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the permit application.

Installers. ASES installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:

Maintain in good working order. Upon completion of installation, the ASES shall be maintained in good working order in accordance with manufacturer's standards of and any other codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement actions by Scott Township in accordance with all applicable ordinances.

Underground requirements. All on-site utility, transmission lines, and plumbing shall be placed underground to the extent feasible.

Signage. The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.

Glare.

Solar easements. If a solar easement, intended to guarantee unobstructed solar access, is desired by the applicant and/or property owner for an ASES, such matter shall be carried out as a civil agreement between or among all applicable parties. Scott Township shall not be a party to any agreement designed to provide a solar easement, nor shall Scott Township be responsible for ensuring the maintenance of any solar easement.

Decommissioning.

Zoning permit requirements.

Design features: roof-mounted accessory solar energy systems.

Permitted as conditional use. A PSES shall be permitted as a conditional use in the A-R (Agricultural-Rural) District.

Compliance with industry standards. The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), or other similar certifying organizations, and shall comply with the PA Uniform Construction Code, regulations adopted by the Pennsylvania Department of Labor and Industry, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the permit application.

Installers. PSES installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:

Maintain in good working order. Upon completion of installation, the PSES shall be maintained in good working order in accordance with manufacturer's standards of and any other codes under which the PSES was constructed. Failure of the owner to maintain the PSES in good working order is grounds for appropriate enforcement actions by Scott Township in accordance with applicable ordinances.

Underground requirements.

Utility notification. The owner and/or operator of a PSES shall provide Scott Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a PSES system and approved of such connection.

Signage.

Glare.

Noise study. A noise study shall be undertaken and included within the application. The noise study shall be performed by an independent noise study expert and paid for by the owner and/or operator. Noise from a PSES shall not exceed 50 dBA, as measured at the property line. The owner and/or operator shall conduct a noise study after the PSES is complete and in full operation.

Tree and landscaping removal. No trees or other landscaping otherwise required by the Township ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a PSES. Trees shall be required for screening of solar panels to substantially obstruct their view from adjacent properties. The type of trees shall be an evergreen variety approved by the Township that shall not be less than 6 feet in height at the time of planting. Such trees shall be planted in two staggered rows in front of the required fencing with not less than eight feet spacing distance between trees. The owner and/or operator shall be responsible for maintaining such screening, including the replacement of any trees which are damaged, die, removed by whatever means or otherwise fail to grow.

Contact information. The PSES owner and/or operator shall provide current contact information to the Township which includes at minimum a phone number available on a 24-hour basis which identifies the person to be contacted in case of any emergency and identifies a responsible person to respond to public inquiries and complaints throughout the life of the project. The PSES owner and/or operator shall provide the Board of Supervisors with a written plan outlining procedure on how complaints will be addressed.

Solar easements. Where a subdivision or land development proposes a PSES, solar easements may be provided. If a solar easement, intended to guarantee unobstructed solar access, is desired by the owner and/or operator for a PSES, such matter shall be carried out as a civil agreement between or among all applicable parties. Scott Township shall not be a party to any agreement designed to provide a solar easement, nor shall Scott Township be responsible for ensuring the maintenance of any solar easement. Said easements shall be in writing and shall be subject to the same conveyance and instrument recording requirements as other easements. Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance.

Decommissioning.

Emergency response plan. An emergency response plan shall be included with the conditional use application, which shall be reviewed and approved by the Columbia County Emergency Management Agency as well as the Township's EMA coordinator. If necessary, such plan may be altered during the land development approval process.

Stormwater management. The owner and/or operator of a PSES facility shall submit a stormwater runoff plan in accordance with requirements of Chapter 118, Stormwater Management, of this Code.

Miscellaneous.

Permit and design requirements.

(Reserved)

Access.

Ground-mounted PSES. A ground-mounted PSES shall not be artificially lighted except to the extent required for safety or by applicable federal, state, or local authority.

Roof-mounted PSES. Roof-mounted PSES systems are not allowed.

Design and installation.

Visual appearance.

Lot size, setback and height requirements:

Climb prevention/locks.

Noise and shadow flicker.

Abandonment. A noncommercial windmill which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.

Purpose and applicability. The purpose of these regulations is to provide for the construction and operation, and decommissioning of commercial wind energy facilities in Scott Township, subject to reasonable conditions that will protect the public health, safety and welfare. The regulations are intended to apply to all new wind energy facilities to be constructed after the effective date of this chapter. Wind energy facilities constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter; provided, however, that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall comply with the stated provisions of this section.

Application and plan requirements. Applications for wind energy facilities shall at a minimum include the following information:

Design and installation.

Lot size requirements. In order for a tract(s) of land to be eligible for a wind energy facility, it shall have a minimum lot size derived as follows: (six acres x number of wind turbines) + 18 acres = minimum lot size.

Maximum height requirements. The maximum wind turbine height, as so defined in this section, shall not exceed 400 feet.

Setback requirements.

Nuisance issues:

Use of public roads.

Local emergency services. The applicant shall provide a copy of the project summary and site plan to local emergency services providers, including paid and volunteer fire departments. At the request of such emergency services providers, the applicant shall cooperate in the development and implementation of an emergency response plan for the wind energy facility.

Liability insurance. A current general liability policy (adjusted annually to the rate of inflation) covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and not less than $3,000,000 in the aggregate shall be maintained by the facility owner or operator. Certificates of insurance shall be provided to the Township as a part of the applicant's application.

Decommissioning.