On a corner lot in any district, a clear sight triangle shall be provided at all street and alley intersections. Within such triangles, no vision obstructing object other than utility poles shall be permitted which obscures vision above the height of thirty inches (30") and below ten feet (10') measured from the centerline grade of intersecting streets. Such triangles shall be established from a distance of:

   A.   Seventy-five feet (75') from the point of intersection of the center line of intersecting streets, except that;

   B.   Clear sight triangles of one hundred feet (100') shall be provided for all intersections with arterial and major streets as designated in the Township Comprehensive Plan.

(Ord. 7/8/1978, § 15.01)

Where a district boundary line divides a lot in single or joint ownership of a lot of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than thirty feet (30') into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.

(Ord. 7/8/1978, § 15.02)

When an unimproved lot is situated between two (2) improved lots with front yard setbacks less than those required for the district, the required front yard of the unimproved lot may be reduced to a depth equal to the average of the two, improved, adjoining lots; however, in no case shall a front yard be reduced by more than fifty percent (50%) of the required front yard of the district.

(Ord. 7/8/1978, § 15.03)

All dwelling units hereafter erected or altered shall have a permanent continuous foundation. The footer shall be installed to a minimum depth of twenty-four inches (24") below ground level.

(Ord. 7/8/1978, § 15.04)

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that area, yard, and other requirements of this Chapter shall be met for each structure as though it were on an individual lot.

(Ord. 7/8/1978, § 15.05)

No separate accessory building shall be permitted in any required front or side yard. In rear yards, they shall not be permitted within five feet (5') of the rear lot line. However, where abutting a public street or alley, a garage shall be no less than fifteen feet (15') from the right-of-way of said street or alley.

(Ord. 7/8/1978, § 15.06)

The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:

   A.   Terraces or patios, provided that such terraces or patios are not under roof or otherwise enclosed and not closer than five feet (5') to any adjacent property line.

   B.   Projecting architectural features - bay windows, cornices, eaves, fireplaces chimneys, window sills, or other architectural features - provided they do not extend more than five feet (5') into any required yard nor closer than five feet (5') to any adjacent property line.

   C.   Uncovered stairs and landings.

   D.   Open balconies or fire escapes provided such balconies or fire escapes are not supported on the ground and do not project more than five feet (5') into any required yard nor closer than five feet (5') to any adjacent property line.

(Ord. 7/8/1978, § 15.07)

   1.   Private, non-commercial swimming pools which are designed to contain a water depth of twenty-four inches (24") or more shall be located in a rear yard only. Such pools shall be not less than fifteen feet (15') from side and rear property lines, with a continuous fence not less than three and one-half feet (3/') in height above the ground level. Such fence shall be equipped with a lockable gate. Any deck, patio or impermeable surface, not under roof or otherwise enclosed, which surrounds, is attached to, or associated with a pool shall be no closer than ten feet (10') to the side and rear lot lines.

   2.   Private tennis courts shall be permitted within side or rear yards provided that such facility shall not be less than fifteen feet (15') from side or rear property lines.

   3.   Patios, paved terraces, or open porches shall be permitted in all yards provided that no impermeable surface shall be within five feet (5') of any property line.

   4.   Nothing in this section shall be construed to limit other uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety and/or welfare of the community.

(Ord. 7/8/1978, § 15.08)

The height limitations of this Part shall not apply to church spires or farm structures when permitted by other provisions of this Part, (i.e. silos, barns, etc.), belfries, cupolas, penthouses, and domes not used for human occupancy nor to chimneys, ventilators skylights, water tanks, bulkheads and similar features, utility poles and standards and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and then only in accordance with any other government regulations.

   A.   Such occupation shall be clearly incidental or secondary to the use of the property as a residence, and the use of the dwelling shall not change the character thereof or show any exterior evidence of such secondary use other than signs as are regulated by other South Annville Township Ordinance.

   B.   Home occupation shall be limited to the employment of not more than one (1) assistant.

   C.   The home occupation shall be conducted wholly within the dwelling and shall not occupy more than twenty-five percent (25%) of the area of the first floor of the dwelling nor more than five hundred (500) square feet.

   D.   All parking shall be off-street and two off-street spaces shall be provided in addition to that required of the residence unit.

   E.   Any home occupation which may create objectionable noise, fumes, odor, dust, electrical interference, or more than normal residential traffic shall be prohibited.

      A.   Any required landscaping (landscaping strips and interior landscaping) shall include a combination of the following elements: deciduous trees, ground covers, evergreens, shrubs, vines, flowers, rocks, gravel, earth mounds, berms, materials. Artificial plants, trees and shrubs may not be used to satisfy any requirements for landscaping and screening. No less than eighty (80) percent of the required landscaping area shall be vegetative in composition, and no outdoor storage shall be permitted within required landscape areas.

      B.   For each seven hundred fifty (750) square feet of required area for landscape strips, one (1) shade/ornamental tree shall be provided. For every three hundred (300 square feet of interior landscaping required (for parking lots), one (1) shade tree shall be provided. If deciduous, these trees shall have a clear trunk at least five (5) feet above finished grade; if evergreen, these trees shall have a minimum height of six (6) feet. All required landscape strips shall have landscaping materials distributed along the entire length of the lot line abutting the yard.

   3.   Screening. The following materials may be used: evergreens (trees, hedges, or shrubs), walls, fences, earth berms, or other approved similar materials. Any wall or fence shall not be constructed of corrugated metal, corrugated fiberglass, or sheet metal. Screening shall be arranged so as to block the ground level views between grade, and a height of six (6) feet. Landscape screens must achieve this visual blockage within two (2) years of installation.

   4.   Selection of Materials. Trees and shrubs shall be typical of their species and variety; have normal growth habits, well-developed branches, densely foliated, vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project. Any tree or shrub which dies shall be replaced. All landscaping and screening treatments shall be properly maintained.

   5.   Landscaping Setbacks.

      A.   All landscaping materials, excluding yard ground covers, shall be set back five (5) feet from any adjoining street right-of-way line.

      B.   No shrub nor tree shall be planted within twenty (20) and thirty (30) feet, respectively, of any farm within the (A) Agricultural District.

   6.   Landscaping and Screening for Parking Areas. The following landscaping and screening requirements shall apply to all parking lots:

      A.   Landscape Strip.

         (1)    When a parking lot is located in a yard which abuts a street, a landscape strip shall be provided on the property along the entire street line. If there is no building or other structure on the property, the parking lot shall still be separated from the street by the landscape strip. This strip shall be measured from the street right-of-way line. The strip may be located within any other landscape strip required to be located along a street.

 

 

         (2)    Unless otherwise indicated, all parking lots constructed in side or rear yards (as defined herein) shall be set back a minimum of fifteen (15) feet from all property lines. Such setbacks shall be used for landscape strips.

      B.   Interior Landscaping.

         (1)    In any parking lot containing twenty (20) or more parking spaces (except a parking garage), ten (10) percent of the total area of the lot shall be devoted to interior landscaping.

         (2)    Such interior landscaping may be used, for example, at the end of parking space rows to help visually define travel lanes through or next to the parking lot.

         (3)    Landscape islands shall be provided to break up rows of parking spaces at least every ten (10) parking spaces.

         (4)   All interior landscaping shall be provided in concrete curbed islands.

         (5)    Landscaped areas situated outside the parking lot, such as perimeter or peripheral areas and areas surrounding buildings, shall not constitute interior landscaping.

         (6)    For the purpose of computing the total area of the parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking spaces and access drives, aisles, islands, and curbed areas.

         (7)    A combination of trees, shrubs or other approved material shall be provided. Ground cover alone shall not satisfy this landscape requirement.

         (8)    Shrubbery provided at interior drive intersections shall be maintained at a maximum height of thirty (30) inches.

         (9)    At least one (1) shade tree shall be provided for each three hundred (300) square feet (or fraction) of required interior landscaping area. These trees shall have a clear trunk at least five (5) feet above finished grade level.

         (10)   Parked vehicles may not overhang interior landscaped areas more than two and one-half (2½) feet. Wheel stops or curbing shall be provided.

         (11)   If a parking lot of under twenty (20) spaces is built without interior landscaping, and later additional spaces are added so that the total is twenty (20) or more, the interior landscaping shall be provided for the entire parking lot.

      C.   Screening.

         (1)    When a parking lot is located on a property which is within two hundred (200) feet of, and which adjoins land in a residential zone or an existing residential building, the parking lot shall be screened from the adjoining residential property.

(Ord. 7/8/1978; as added by Ord. 10-10-01, 10/10/2001, § 4)

   1.   All residential developments or subdivisions containing ten (10) or more dwelling units or residential lots, all non-residential subdivisions containing ten (10) or more lots or units of occupancy and all non-residential developments (with the exception of agricultural development) with buildings containing in excess of six thousand (6,000) square feet of usable space, shall provide studies and reports in accordance with the requirements of this Section. This requirement shall apply to any development that shall exceed any of the above criteria either initially or cumulatively form the effective date of this Section.

   2.   General. The applicant is responsible for assessing the traffic impacts associated with a proposed development that meets any condition set forth above. The Township or its designee will review the applicant's assessment and supply available data upon request to aid the applicant in preparing the study. The applicant shall be responsible for all data collection efforts required in preparing a traffic impact study including peak period turning movement counts. In addition, the applicant is responsible for ensuring that any submitted development plans meet the minimum State and local standards for geometric design. The study shall be conducted only by a professional engineer that has verifiable experience in traffic engineering. Upon submission of a draft study, the Township or its designee may review the data sources, methods and findings and provide comments in written form. The applicant shall be responsible for all costs for such review. The applicant will then have the opportunity to incorporate necessary revisions prior to submitting a final study.

   3.   Traffic Impact Study Contents. A traffic impact study prepared for a specific site development proposal shall follow the basic format shown below. Additions or modifications should be made for a specific site, when appropriate. This basic format allows for a comprehensive understanding of the existing site, future conditions without the proposed use and the impacts associated with the proposed development plan. Following is a brief narrative for each section of a traffic impact study.

      A.   Introduction. This section identifies the land use and transportation setting for the site and its surrounding area.

         (1)    Site and Study Area Boundaries. A brief description of the size of the land parcel, general terrain features, legal right-of-way lines of the highway, and the location within the jurisdiction and the region should be included in this section. In addition, the roadways that afford access to the site and are included in the study area should be identified. The exact limits of the study area should be based on engineering judgment and an understanding of existing traffic conditions at the site. In all instances, however, the study limits must be mutually agreed upon by the developer, its engineer, and the Township.2

         (2)   Site Description. This Section should contain a brief narrative that describes the proposed development in terms of its function, size and near and long term growth potential. This description should be supplemented by a sketch which clearly shows the proposed development within the site boundaries, its internal traffic circulation pattern and the location and orientation of its proposed access points.

         (3)   Existing and Proposed Site Uses. The existing and proposed uses of the site should be identified in terms of the various zoning categories in the jurisdiction. In addition, identify the specific use on which the request is made since a number of uses may be permitted under the existing ordinances.

         (4)   Existing and Proposed Nearby Uses. Include a complete description of the existing land uses in the vicinity of the site as well as their current zoning. The applicant should also state the proposed uses for adjacent land, if known. This latter item is especially important where large tracts of underdeveloped land are in the vicinity of the site and within the prescribed study area.

         (5)   Existing and Proposed Roadways and Intersections. Within the study area, describe existing roadways and intersections (geometrics and traffic signal control) as well as improvements contemplated by government agencies.

      B.   Analysis of Existing Conditions. This section describes the results, as well as the data collection efforts, of the volume/capacity analysis to be completed for the roadways and intersections in the vicinity of the site under existing conditions.

         (1)   Daily and Peak Hour(s) Traffic Volumes. Provide schematic diagrams depicting daily and peak hour(s) traffic volumes for roadways within the study area. Turning movement and mainline volumes are to be presented for the three (3) peak hour conditions (AM, PM and site generated) while only mainline volumes are required to reflect daily traffic volumes. Include the source and/or method of computation for all traffic volumes.

         (2)   Volume/Capacity Analyses at Critical Points. Utilizing techniques described in the Highway Capacity Manual or derivative nomographs, include an assessment of the relative balance between roadway volumes and capacity. Perform the analysis for existing conditions (roadway geometry and traffic signal control) for the appropriate peak hours.

         (3)   Level of Service at Critical Points. Based on the results obtained in the previous section, levels of service (A through F) are to be computed and presented. This section should also include a description of typical operating conditions at each level of service.

      C.   Analysis of Future Conditions Without Development. This section describes the anticipated traffic volumes in the future and the ability of the roadway network to accommodate this traffic without the proposed zoning or subdivision request. The future year(s) for which projections are made will be specified by the Township and will be dependent on the timing of the proposed development.

         (1)   Daily and Peak Hour(s) Traffic Volume. Clearly indicate the method and assumptions used to forecast future traffic volumes in order that the Township can duplicate these calculations. The schematic diagrams depicting future traffic volumes will be similar to those described in § 1419(3)(B)(1)in terms of locations and times (daily and peak hours).

         (2)   Volume/Capacity Analyses at Critical Locations. Describe the ability of the existing roadway system to accommodate future traffic (without site development). If roadway improvements or modifications are committed for implementation, present the volume/capacity analysis for these conditions.

         (3)   Levels of Service at Critical Points. Based on the results obtained in the previous section, determine levels of service (A through F).

      D.   Trip Generation. Identify the amount of traffic generated by the site for daily and the three (3) peak conditions. The trip generation rates used in this phase of the analysis shall be justified and documented to the satisfaction of the Township.

      E.   Trip Distribution. Identify the direction of approach for site generated traffic for the appropriate time periods. As with all technical analysis steps, the basic method and assumptions used in this work must be clearly stated in order that the Township can replicate these results.

      F.   Traffic Assignment. Describe the utilization of study area roadways by site generated traffic. The proposed traffic volumes should then be combined with anticipated traffic volumes from § 1419(3)(C) to describe mainline and turning movement volumes for future conditions with the site developed as the applicant proposes.

      G.   Analysis of Future Conditions With Development. This section describes the adequacy of the roadway system to accommodate future traffic with development of the site.

         (1)    Daily and Peak Hour(s) Traffic Volumes. Provide mainline and turning movement volumes for the highway network in the study area as well as driveways and internal circulation roadways for the appropriate time periods.

         (2)    Volume/Capacity Analyses at Critical Points. Perform a volume/capacity analysis for the appropriate peak hours for future conditions with the site developed as proposed, similar to § 1419(3)(B)(2) and § 1419(3)(C)(2).

         (3)    Levels of Service at Critical Points. As a result of the volume/capacity analysis, compute and describe the level of service on the study area roadway system.

         (4)    Final Design. Final design must address both traffic flow and traffic safety considerations to provide safe operational characteristics.

      H.   Recommended Improvements. In the event that the analysis indicates unsatisfactory levels of service will occur on study area roadways, a description of proposed improvements to remedy deficiencies should be included in this section. The levels of service shall not deteriorate to worse than C if they are currently A or B, must be maintained if they are C, and improved to C if they are D, E, or F. In addition, there shall be no increase in delay if a satisfactory level of service can not be attained. These proposals would not include committed projects by the State and local jurisdictions that were described in § 1419(1) and reflected in the analysis contained in §§ 1419(2) and 1419(3).

         (1)    Proposed Recommended Improvements. Describe the location, nature and extent of proposed improvements to assure sufficient roadway capacity. Accompanying this list of improvements are preliminary cost estimates, sources of funding, timing, and likelihood of implementation.

         (2)   Volume/Capacity Analyses at Critical Points. Another iteration of the volume/capacity analysis will be described which demonstrates the anticipated results of making these improvements.

         (3)    Levels of Service at Critical Points. As a result of the revised volume/capacity analysis presented in the previous section, present levels of service for the highway system with improvements.

      I.   Conclusion. The last section of the report should be a clear concise description of the study findings. This concluding section should serve as an executive summary.

   4.   Contribution in Lieu of Preparation of Studies. If an applicant believes that the preparation of traffic study and report required herein is not warranted, he may request the Board to waive the preparation of such study, provided:

      A.   The applicant for approval of any residential subdivision or land development shall provide the Township with a certification of the number and type of dwelling units to be constructed for the purpose of determining the contribution in lieu of preparation of studies.

      B.   The applicant for approval of any commercial, industrial or institutional subdivision or land development shall provide the Township with a certification of the usable building floor area to be constructed for the purpose of determining the contribution in lieu of preparation of studies.

      C.   The contribution in lieu of preparation of studies provided for herein shall be in addition to all charges imposed by any Authority for tapping and connection fees and shall be in addition to all other review, Authority, and all sums otherwise agreed to be paid by the applicant.

      D.   The applicant shall enter into an agreement with the Township setting forth the contribution in lieu of preparation of studies to be paid and the studies to be waived by the Township. All such agreements shall be in a form satisfactory to the Township Solicitor.

      E.   All contributions in lieu of preparations of fees shall be paid prior to approval of the final plan by the Township Supervisors.

      F.   All developments receiving a modification of preparation of a traffic evaluation study in accordance with this section shall provide, as a minimum, the information required in § 1419(3)(D).

(Ord. 7/8/1978; as added by Ord. 10-10-01, 10/10/2001, § 5)

2Editor's Note: Text underlined in Ord. 10-10-01 as enacted.

   1.   Legislative Intent.

      A.   The Board of Supervisors desires to provide standards for the operation of industrial uses within the Township in order to protect the health, safety and welfare of Township residents, workers at such establishments, and visitors to the Township. Public health and safety shall be maintained through control of noise, vibrations, dust and particulate emissions, sulfur oxides, smoke, odor, toxic matter, detonable materials, fire hazards, glare, heat, radioactive radiation, liquid or solid wastes, and electromagnetic radiation. These items can cause a serious danger to the public health and safety if they are not properly handled and limited. For example, excessive noise has been demonstrated to cause hearing loss, and air pollution has been proven to exacerbate respiratory difficulties. The dangers of fire are well known, and the control of substances which create a risk of fire is necessary.

      B.   The Board of Supervisors also seeks to protect the public health and safety by imposing traffic and access control and landscaping and screening requirements. Traffic and access controls will lessen the possibility of vehicular accidents. Landscaping and screening will provide a barrier to the use and discourage trespassing. The limitation of outdoor storage serves a similar purpose.

      C.   The Board of Supervisors also seeks to protect the public through the requirement of a plan of access in the event of emergency conditions. This will allow police, firefighters and rescue personnel to gain access to the premises in an efficient and safe manner in times of emergency.

   2.   Enforcement.

      A.   The industrial performance standards contained in this Part shall be the minimum standards to be met and maintained by all industrial uses within the Township.

      B.   For the purposes of this section, industrial uses shall be defined as those uses, regardless of location, which are specified as permitted uses or uses by special exception, in the Industrial District established by this Chapter including uses of a similar nature not specifically identified in this Chapter but which would be permitted in an industrial district.

      C.   Industrial uses existing within the Township on the effective date of this Section which do not currently meet and maintain the standards contained herein shall bring their operations into compliance within six (6) months from the effective date of this Section. It shall be the responsibility of the owner and/or operator of the industrial use to determine if the industrial use meets and maintains the standards set forth in this Section.

      D.   The owner and/or operator of any industrial use existing on the effective date of this Section shall have the right to appeal a determination that the industrial use does not meet and maintain the industrial performance standards contained herein to the Zoning Hearing Board in accordance with Part 19 herein.

      E.   The owner and/or operator of any industrial use may, as a special exception, apply to the Zoning Hearing Board for relief from the requirements of the industrial performance standards contained in this Part.

   3.   Exterior Uses and Storage.

      A.   For the purposes of this Section, outdoor storage shall:

         (1)   Be an accessory use to the principal use of the property.

         (2)   Include accessory materials including, but not limited to, shipping pallets or skids, disabled vehicles or equipment, waste or recyclable products produced as a by-product of a manufacturing, assembly or processing operation and other similar materials which are utilized from time to time on the property.

         (3)   Exclude principal materials and components of products delivered to the property and used as a part of a manufacturing, assembly or processing operation on the property.

         (4)   Exclude principal materials, components of products, or finished products manufactured, assembled, or processed on the property and intended to be shipped from the property.

      B.   All organic rubbish or storage shall be in airtight, vermin proof containers.

      C.   All industrial uses, as defined herein and not located within the Industrial District, shall be conducted within completely enclosed buildings.

      D.   In the Industrial District, and except as herein after provided, any use is permitted either indoors or outdoors but in compliance with the applicable performance standards.

         (1)    All industrial uses, including storage, within 200 feet of a residential district boundary or an existing residential building, shall be conducted within completely enclosed buildings unless the owner of such residence waives this restriction in writing to the Board of Supervisors.

      E.   Within all other districts, all industrial uses, including storage, within 500 feet of a residential district boundary or an existing residential building, shall be conducted within completely enclosed buildings unless the owner of such residence waives this restriction in writing to the Board of Supervisors.

      F.   Outdoor storage of materials is prohibited unless located within the side or rear yard, enclosed within a fenced area and screened in accordance with this Chapter.

         (1)   The maximum area for outdoor storage shall be one thousand (1000) square feet.

         (2)    Storage areas shall not occupy any part of the street right-of-way, any areas intended or designed for pedestrian use or required off-street parking areas.

   4.   Certification. All applications for industrial uses must be accompanied by a certification from a registered professional engineer in the Commonwealth of Pennsylvania that the proposed use can meet the performance standards of the appropriate district. Further, the Zoning Officer may employ consultants to evaluate the environmental effects with respect to performance standards.

   5.   Noise.

      A.   Noise shall be measured with a sound level meter having an A-weighted filter constructed in accordance with specifications of the American National Standards Institute (ANSI). Measurements are to be made at any point in residential or commercial districts as indicated in Table I following.

      B.   Impact noise shall be measured using the fast response of the sound level meter. Impact noises are intermittent sounds such as from a punch press or drop forge hammer. Measurements are to be made at any point in residential or commercial districts as indicated in Table I.

      C.   Between the hours of 7:00 p.m. and 7:00 a.m. the permissible sound levels in a residential district shall be reduced by 5 decibels for impact noises.

      D.   The following sources of noise are exempt:

         (1)   Transportation vehicles not used in the ordinary cause of business and not under the control of the owner, tenant, lessor.

         (2)   Occasionally used safety signals, warning devices, and emergency pressure relief valves.

         (3)   Temporary construction activity between 7:00 a.m. and 7:00 p.m.

   6.   The following Table I describes the maximum sound pressure level permitted from any industrial source and measured in any adjacent residential district or existing residential use or any commercial district lot. All industrial uses shall be limited by the following standards:

TABLE I
Maximum sound pressure level in decibels - 0.002 dynes per square centimeter.

 

For any noise of an impulsive or periodic character the permissible limits for each octave band shall be reduced by five (5) decibels.

Sound levels shall be measured at the lot line with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association.

   7.   Vibration.

      A.   Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated below and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

      B.   The maximum vibration is given as particular velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

         P.V.=   6.28 F x D

         P.V.=   Particle velocity, inches per second

         F =   Vibration frequency, cycles per second

         D =   Single amplitude displacement of the vibration, inches

      C.   Table I designates the applicable columns of Table II that apply on or beyond adjacent lot lines within the zone, and on or beyond appropriate district boundaries. Vibration shall not exceed the maximum permitted particle velocities in Table II. Where more than one set of vibration levels apply, the most restrictive shall govern. Readings may be made at points of maximum vibration intensity.

TABLE I

 

 

The maximum peak particle velocities that correspond to the above designations are as follows:

TABLE II
MAXIMUM PEAK PARTICLE VELOCITY-IN/SEC

 

 

      D.   The maximum particle velocity shall be the maximum vector sum of three mutually perpendicular components recorded simultaneously. (Particle velocity in inches multiplied by the frequency in cycles per second.)

      E.   For purposes of this Chapter steady-state vibrations are vibrations, which are continuous, or vibrations in discrete impulses more frequent than sixty (60) per minute. Discrete impulses, which do not exceed sixty (60) per minute, shall be considered impact vibrations.

      F.   Between the hours of 7:00 p.m. and 7:00 a.m. all of the permissible vibration levels indicated in the previous table for residential district boundaries (Column A) shall be reduced to one-half of the indicated values.

   8.   Dust and Particulates.

      A.   The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues or other opening or any process, operation, or activity within the boundaries of any lot, shall not exceed the levels set forth below. Emissions of dust and particulates shall be in accordance with the State of Pennsylvania rules and regulations governing air contamination and air pollution, and, in case of conflict, the most restrictive shall apply.

      B.   The emission rate of particulate matter in pounds per hour from any single stack shall be determined by selecting a continuous 4 hour period which will result in the highest average emission rate.

      C.   Particulate matter emission from materials or products subject to becoming windborne shall be kept to a minimum by paving, oiling, wetting, covering or other means, such as to render the surface wind resistant. Such sources include vacant lots, unpaved roads, yards and storage piles of bulk material such as coal, sand, cinders, slag, sulfur, etc.

      D.   Industrial Uses. For all industrial uses, the maximum emission rate of dust and particulate matter from all stacks shall be five-tenths pounds (0.5) per hour per acre of lot area.

   9.   Sulfur Oxides.

      A.   Emission of oxides of sulfur (as sulfur dioxide) from combustion and other process shall be limited in accordance with the requirement of each district. The oxides of sulfur may be computed from the sulfur analysis in the fuel or from known test data of sulfur oxides emission.

      B.   Industrial Uses. For all industrial uses, the maximum emission rate of oxides of sulfur from all stacks shall be five-hundreths (0.05) pounds per hour per acre of lot area.

   10.   Smoke.

      A.   For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart as published by the United States Bureau of Mines shall be used. However, the Umbrascope readings of smoke may be used when correlated with Ringelmann's Chart.

      B.   Industrial Uses. For all industrial uses, the emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening, or combustion process is prohibited.

   11.   Odor.

      A.   Odor thresholds shall be measured in accordance with ASTM d1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)," or its equivalent.

      B.   Industrial Uses. For all industrial uses odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the property line measured at either ground level or habitable level.

   12.   Toxic Matter.

      A.   The ambient air quality standards for the State of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the State of Pennsylvania, the release of such materials shall be in accordance with the tractional quantities permitted below, of those toxic materials currently listed in the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any 24 hour sampling period.

      B.   Industrial Uses. For all industrial uses the release of airborne toxic matter shall not exceed one-thirtieth (1/30) of the threshold limit value across lot lines.

   13.   Detonable Materials.

      A.   Activities involving the storage, utilization or manufacture of products which decompose by detonation shall be in accordance with the regulations of each industrial district.

      B.   Such materials shall include, but are not limited to, all primary explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable oxidizing agents such as perchloric acid, perchlorates, and hydrogen peroxide in concentration greater than thirty-five (35) percent; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

      C.   Industrial Uses. For all industrial uses, the storage, utilization or manufacture of materials or products which decompose by detonation is limited to five (5) pounds.

   14.   Fire Hazards Solids.

      A.   Industrial Uses. For all industrial uses, the storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within spaces having fire resistive construction of no less than two (2) hours and protected with an automatic fire extinguishing system.

   15.   Fire Hazard Liquids and Gases.

      A.   The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted only in accordance with this Section, exclusive of the storage of finished products in original sealed containers (60 gallons or less), which shall be unrestricted.

      B.   The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted in the following Table for all industrial uses.

TABLE OF STORAGE CAPACITY OF FLAMMABLE LIQUIDS AND GASES

 

*SCF - Standard Cubic Feet at 60°F. and 29.92 inches Hg.

   16.   Glare and Lighting Standards.

      A.   Glare. Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of five-tenths (0.5) footcandles when measured within a residential district or at an adjoining residential use.

         (1)    Direct Glare. Direct glare is defined for the purpose of this Chapter as illumination beyond the property lines caused by direct or specularly reflected rays from incandescent, fluorescent or arc lighting, or from such high temperature processes as welding or petroleum or metallurgical refining. No such direct glare shall be permitted with the exceptions that parking areas and walkways may be illuminated by luminaries meeting the standards of subsection (16)(A)(2) below.

         (2)    Indirect Glare. Indirect glare is defined for the purpose of this Chapter as illumination beyond the property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. Indirect glare shall not exceed a maximum of zero point three-tenths (0.3) footcandles and an average of one-tenth (0.1) footcandles. Deliberately induced sky-reflected glare, such as by casting a beam upward for advertising purposes, is prohibited.

      B.   Luminaries. All luminaries for parking areas, walkways, and similar purposes shall be so hooded or shielded so that the maximum angle or the cone of direct illumination shall be sixty (60) degrees drawn perpendicular to the ground, with the exception that such angle may be increased to ninety (90) degrees if the luminary is less than four (4) feet above the ground. No luminary may be placed more than twenty-five (25) feet above the ground, and the maximum illumination at ground level shall not exceed three (3) foot candles.

   17.   Heat. For the purposes of this Chapter, heat is defined as thermal energy of a radioactive, conductive, or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of ten (10) degrees F.; whether such change be in the air or in the ground, in a natural stream or lake, or in any structure on such adjacent property.

   18.   Radioactive Radiation. No activities shall be permitted which emit dangerous radioactivity at any point. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes, shall be in conformance with the regulations of the Nuclear Regulatory Commission as set forth in Title 10, Chapter One, Part 20 - Standards for Protection Against Radiation, as amended; and all applicable regulations of the State of Pennsylvania.

   19.   Liquid or Solid Waste. No discharge shall be permitted at any point into any sewage disposal system, or watercourse, or lake, or into the ground, except in accord with standards approved by the Department of Environmental Protection or any other regulating department or agency including, but not limited to, the South Annville Township Sewer Authority and any other inter-municipal agreements, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.

   20.   Electromagnetic Radiation. It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, for any other use directly or indirectly associated with these purposes which does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies and government owned plants, the regulations of the Interdepartment Radio Advisor Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission or the Interdepartment Radio Advisory Committee regulations shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply: 1) American Institute of Electrical Engineers, 2) Institute of Radio Engineers, and 3) Electronic Industries Association.

   21.   Emergency Plan of Access.

      A.   A written plan of emergency access must be provided by the owner in the event of emergency conditions such as fire, assuming the worst condition. All existing uses shall have twelve (12) months to comply with this requirement.

      B.   The owner's plan of action for emergency access to the building shall be submitted to the Township at the time of submission for a permit.

(Ord. 7/8/1978; as added by Ord. 10-10-01, 10/10/2001, § 6)

   A.   Enforcement of commercial performance standards shall follow the enforcement procedures of § 1420(4). Commercial uses shall be defined as those uses regardless of location which are specified as permitted uses, uses by special exception or conditional use in any of the commercial districts of this Chapter including uses of a similar nature not specifically identified in this Chapter but which would be classified as Commercial by the Township Zoning Officer.

   B.   General Commercial Design Standards.

      (1)    Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of said carts which shall be clearly marked and designated for such storage.

      (2)    All multiple use commercial centers under single ownership shall have only one free standing advertising sign. Additional flat wall signs shall be allowed in accordance with the sign regulations of this Chapter.

      (3)    To the greatest extent possible commercial buildings shall be designed to have fifty percent (50%) of the minimum required landscape area contained between the street right-of-way line and the building face.

(Ord. 7/8/1978; as added by Ord. 10-10-01, 10/10/2001, § 7)

Where authorized by special exception, adult uses, including but not limited to adult bookstore, adult movie theater, massage parlor, and adult live entertainment use, shall be subject to the following regulations:

   A.   Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this Chapter 27.

      (1)    To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the municipality. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to: increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult use typically involve insufficient self-regulation to control these secondary effects.

      (2)    To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods.

      (3)    To not attempt to suppress any activities protected by the free speech protections of the U.S. Constitution, but instead to control secondary effects.

   B.   No adult use shall be located within: (i) 500 lineal feet of the lot line of any library, public park, existing dwelling, primary or secondary school, place of worship, day care center or child nursery.

   C.   No adult use shall be located within 1,000 lineal feet of any existing adult use.

   D.   A 50 feet buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines.

   E.   No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. The building [shall] be windowless or have an opaque covering over all windows or doors of any area in which materials are displayed.

   F.   No adult use shall be used for any purpose that violates any Federal, State or municipal law.

   G.   Signs shall comply with all requirements of Part 16 of this Chapter.

   H.   The adult use shall not include the sale or display of obscene materials, as defined by State law, as may be amended by applicable court decisions.

   I.   The adult use shall meet all of the following dimensional requirements:

      (1)   Minimum lot area: one (1) acre.

      (2)   Minimum front yard: sixty feet (60').

      (3)   Minimum side and rear yards: fifty feet (50').

      (4)   Minimum lot width: two hundred fifty feet (250') at the building line.

      (5)   Maximum building height: thirty-five feet (35') except as provided in Part 14 of this Chapter 27.

   J.   For public health reasons, private or semi-private viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.

   K.   Only lawful massages as defined by court decisions shall be performed in a massage parlor.

   L.   All persons within any adult use shall wear non-transparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment use.

   M.   Any application for an adult use shall state the names and home addresses of (i) all individuals intended to have more than a five percent (5%) ownership in such use or in a corporation owning such use and (ii) an on-site manager responsible to ensure compliance with this Chapter on a daily basis. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.

   N.   The adult use shall not operate between the hours of 12 midnight and 7 a.m.

   O.   As specific conditions of approval under this Chapter, the applicant shall prove compliance with the following State laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2 am. and 8 am.), Act 207 of 1990 (which pertains to obscenity) and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits, enclosed viewing booths among other matters).

   P.   No adult use may be changed to a different adult use without obtaining a new special exception approval.

      A.   Encouraging growth in the most appropriate locations.

      B.   Encouraging appropriate residential densities and land use intensities.

      C.   Preserving and enhancing natural and historic or scenic beauty.

      D.   Creating a distinct physical settlement connected by protected greenway land to adjoining Annville Township, nearby schools and other amenities.

      E.   Developing a settlement of modest size and scale that accommodates and promotes pedestrian travel rather than motor vehicle trips.

      F.   Promoting design that results in residentially scaled buildings fronting on, and aligned with, streets.

      A.   The Neighborhood Greenway Development tract shall not be less than ten (10) acres in gross lot area.

      B.   The Neighborhood Greenway Development tract shall be developed according to a single plan that depicts complete build-out of the Neighborhood Greenway Development tract with common authority and responsibility. If more than one (1) person has an interest in all or a portion of the Neighborhood Greenway Development tract, all persons with interests in any portion of the Neighborhood Greenway Development tract shall join as applicants and shall present an agreement, in a form acceptable to the Township Solicitor, guaranteeing that the Neighborhood Greenway Development tract as a whole shall be developed in accordance with any approval granted under this Section as a single Neighborhood Greenway Development with common authority and governing documents.

      C.   All dwelling units and nonresidential structures shall be provided with public water service and public sewer service.

      D.   The Neighborhood Greenway Development shall be provided with open space in accordance with this Section.

      E.   The Neighborhood Greenway Development may be provided with a neighborhood center.

      F.   No more that fifty percent (50%) of the Neighborhood Greenway Development tract may be covered with impervious surface unless a greater impervious surface coverage is permitted through the use of design incentives set forth in subsection .19 below.

      G.   Conditional use approval is required before preliminary plan submission.

      A.   Site plan meeting all requirements of subsection .20 below.

      B.   Open space plan identifying all features required by subsec tion .6 below. The open space plan shall also include a written statement describing the applicant’s proposal for future ownership and maintenance of the open space.

      C.   Landscaping plan providing a complete proposal for the landscaping and planting of the Neighborhood Greenway Development tract and identifying all features required by subsection .6.G below.

      D.   Street lighting plan providing a complete proposal for the installation of street lighting to serve the Neighborhood Greenway Development tract.

      E.   Traffic impact study meeting all requirements of § 1419.1 of this Chapter.

      F.   Architectural guidelines for the Neighborhood Greenway Development which shall include styles, proportions, massing, and detailing.

      G.   Statement identifying all design incentives under subsection .19 below which have been incorporated, and written support for each design incentive. This statement must identify the specific design incentive provided, must identify the reduction of the standard taken, and must support the applicant’s claim that the Neighborhood Greenway Development as proposed provides the identified design incentive.

      H.   Statement identifying all modifications of standards of this Section, under subsection .21 below, and written support for each modification. This statement must identify the specific modification requested and provide support that the modification meets all require ments of subsections .1.A through .1.F.

   No application shall be considered complete without all of the above-listed items. The Township shall not accept incomplete applica tions for conditional use approval to use the Neighborhood Greenway Development.

      A.   It is the express intent that this requirement for open space be used to protect those valuable resources that are identified by the comprehensive plan and open space and greenway master plan and further addressed by the regulations contained within the Subdivision and Land Development Ordinance [Chapter 22] regarding preservation of natural features, etc. Open space shall be designed and arranged to achieve as many of the following objectives as possible:

         (1)   Protection of important natural, historic, and cultural resources.

         (2)   Preservation of scenic views from public roads and neighboring residential properties.

         (3)   Provision of new and/or connection with existing trails, greenways, linear parks, or open space on adjoining parcels.

         (4)   Provision of useable play or recreation areas, or equipment, that are conveniently accessible to residents throughout the Neighborhood Greenway Development.

         (5)   Provision of public space as the focal point of the Neighborhood Greenway Development when coordinated with greens and public commons which are dispersed throughout the Neighborhood Greenway Development.

         (6)   Interconnection of areas of proposed open space within the Neighborhood Greenway Development and interconnection of open space within the proposed Neighborhood Greenway Development with existing or planned open space or recreational facilities on lands adjoining the Neighborhood Greenway Development tract.

      B.   The applicant shall demonstrate the specific measures employed to achieve the objectives in subsection .6.A above through the provision of an open space plan depicting all proposed elements of the common open space. Each open space plan shall identify:

         (1)   The location and size of proposed commons and/or greens.

         (2)   Connections among proposed areas of open space on the Neighborhood Greenway Development tract and connections of proposed areas of open space on the Neighborhood Greenway Development tract with elements of open space on adjoining tracts if such exists or is proposed.

         (3)   Location and size of trails, greenways or other pedes trian linkages, including the surface proposed.

      C.   In all Neighborhood Greenway Developments, regardless of the total amount of open space provided and regardless of the design incentives utilized, the applicant shall provide open space in the amount of at least thirty percent (30%) of the area of the Neighborhood Greenway Development tract. Not less than fifty percent (50%) of the required open space shall meet all of the criteria set forth in subsection .6.C(1) through (3) below. The remaining portion of the required open space may contain floodplains, wetlands, steep slopes, and similar features.

         (1)   The land shall not contain floodplains, wetlands, steep slopes or other natural features which would render the land unbuildable under applicable ordinances and regulations. For the purposes of this subparagraph, unbuildable land is land upon which walking trails, fitness stations, or other recreational improve ments and amenities cannot be constructed.

         (2)   The land shall not contain stormwater management facilities.

         (3)   The land shall be configured to serve residents ade quately and conveniently. Strips of land running around the perimeter of the Neighborhood Greenway Development tract or separating proposed lots within the Neighborhood Greenway Develop ment less than twenty-five feet (25') in any dimension shall not be counted as open space to meet the required minimum unless such land is improved with walking trails, fitness stations, or other recreational improvements and amenities acceptable to the Board of Supervisors or unless such land is, in the opinion of the Board of Supervisors, integrated and integral to the overall open space design.

      D.   Each Neighborhood Greenway Development containing fifty (50) or more dwelling units shall be provided with at least one (1) green containing not less than ten thousand (10,000) square feet. Other greens and commons of not less than one thousand (1,000) square feet in area shall be dispersed throughout the Neighborhood Greenway Develop ment. A green or common which meets the requirements of subsection .6.C(1) through (3) above may be included within the required minimum open space.

      E.   The design of a hard (paved) or soft (mulched) surfaced pedestrian and bicycle network system linking development within the Neighborhood Greenway Development shall be provided to connect various commons and greens depicted on the open space plan. Access to all such areas shall be provided from public streets. Where necessary, easements shall be provided to accommodate pedestrian access as well as access for maintenance equipment and bicycles.

         (1)   The applicant shall provide a maintenance guarantee to ensure the health and vitality of all plant material for a period of eighteen (18) months from planting. Any of the landscaping which dies or is removed within this time frame shall be replaced with vegetation of the same size and species. The applicant shall also be responsible to assure the proper care and maintenance of all plant material within the open space for the duration of this eighteen (18) months and until such time as the open space is transferred a property owners association or other entity as authorized by this Section.

      G.   The applicant shall arrange for the ownership, administration, and maintenance of open space in accordance with one or more of the following:

         (1)   The Township may in its sole discretion accept dedication of open spaces or any interest therein for public use and mainte nance with no consideration to be paid by the Township. Unless waived by the Board of Supervisors at time of approval, the Township shall have the option to accept all or any portion of the open space at any time within ten (10) years of the recording of the final subdivision and/or land development plan for the development. The final plan shall contain a note, in language acceptable to the Township Solicitor, that the common open space is irrevocably dedicated to the Township for a period of ten (10) years from the date of the recording of the final plan. Said note shall also state that the Township shall have no duty to maintain or improve the dedicated open space unless and until it has been accepted by formal action of the Board of Supervisors.

         (2)   The applicant may establish an automatic-membership property owners association made up of the owners of property in the Neighborhood Greenway Development as a nonprofit corporation for the purpose of owning, administering, and maintaining open space; provided, however, the association shall not be dissolved nor shall it dispose of the open space by sale or otherwise (except to an organization conceived and established to own, administer, and maintain common open space approved by the Board of Supervi sors) without first offering the open space for dedication to the Township. The property owners association shall be empowered to levy and collect assessments from the property owners of the Neighborhood Greenway Development to cover replacements, working capital, operating expenses, insurance against casualty and liability, and contingencies.

         (3)   The applicant may establish a deed or deeds of trust, approved by the Board of Supervisors, for the purpose of owning, administering, and maintaining open space, with the trustee empowered to levy and collect assessments from the property owners of the Neighborhood Greenway Development to cover replacements, working capital, operating expenses, insurance against casualty and liability, and contingencies.

         (4)   With permission of the Township and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the applicant may transfer the fee simple title in the open space or a portion thereof to a private, nonprofit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:

            (a)   The organization is acceptable to the Township and is a bona fide conservation organization with a perpetual existence.

            (b)   The conveyance contains appropriate provisions for proper retransfer or reverter in the event that the organiza tion becomes unable to continue to carry out its functions.

            (c)   A maintenance agreement acceptable to the Township is entered into by the applicant, organization, and Township.

      H.   If the Township does not accept dedication of the open space, the applicant shall grant to the Township, in a form acceptable to the Township Solicitor, all of the rights to maintain common open space described in Article VII of the MPC.

      A.   Single-family dwellings in the R-I, Low Density Residential District and the R-2, Medium Density Residential District.

      B.   Two-family dwelling buildings, townhouses, multi-family dwelling and apartment buildings in the R-2 Medium Density Residential District. [Ord. 9-13-23, § 3]

      C.   Neighborhood facilities within a Neighborhood Center.

      D.   Within a neighborhood center, retail sales and personal service establishments including, but not limited to, news stand, coffee shop, apothecary, restaurant, hair and/or nail salons, gift shop, bakery, specialty food store, drycleaner (drop-off only), bike sales/rental, copy center, barber shop or another use which the Board of Supervisors determines during the conditional use approval process is substantially similar to the listed uses. Such retail sales and personal services shall not exceed fifty (50%) of the area of the neighborhood center.

      E.   Public uses including greenways, trails, commons, greens and municipal and essential community uses.

 

 

 

 

      A.   All dwelling units shall be situated so as to retain a view of some portion of the open space and shall be located within eight hundred feet (800') of a commons, green, or trail.

      B.   All lots shall maintain minimum front, rear, and side yard setbacks of six feet (6'), except that no side yard setback is required for attached or semiattached dwelling units.

      A.   Uses are limited to those that residents are likely to need on a daily or regular basis and shall not include any fuel dispensing or drive-through facilities.

      B.   The overall size and type of each use within the neighborhood center is restricted to prevent the establishment of intensive commercial-type facilities that exceed the local orientation.

      C.   Each use other than a neighborhood facility within a neighbor hood center shall be designed to provide basic convenience commercial goods and services to existing and future nearby residences.

      D.   All neighborhood centers shall be provided with convenient pedestrian access. Any necessary parking facilities shall be located to the side or rear of any structure.

      E.   Where a neighborhood center adjoins residentially zoned lands or existing residential use, the center’s side and rear yards shall, regardless of the other uses in those yards, contain landscaping that adequately buffers and screens the adjoining residential properties. The type of landscaping shall be consistent with that in the open space component of the overall development and be arranged so as to block the ground level view between grade and a height of six feet (6'). Such landscape screens must achieve this visual blockage within two (2) years of installation.

      F.   The adaptive use of historical structures on the Neighborhood Greenway Development tract is a preferred option for the siting of a neighborhood center. However, when new construction must be undertaken, the design of such structure(s) shall not detract from the community character of the Neighborhood Greenway Development and the surrounding area.

      G.   The applicant may initially use the neighborhood center as a sales office. If the applicant uses the neighborhood center as a sales office, the applicant shall insure that not less than fifty percent (50%) of the floor area of the neighborhood center shall be converted to neighborhood facilities and/or retail sales and personal service establishments authorized in subsection .8 above upon the sale of thirty percent (30%) of the dwelling units. The applicant shall further insure that not less than seventy-five percent (75%) of the floor area of the neighborhood center shall be converted to neighborhood facilities and/or retail sales and personal service establishments authorized upon the sale of seventy-five percent (75%) of the dwelling units in the Neighborhood Greenway Development.

      A.   On-street parking spaces along the front property line shall count toward the minimum number of parking spaces required for the use on that lot (except where there are driveway curb cuts).

      B.   The amount of off-street parking required for all dwelling units and public uses shall be in accordance with Part 15 of this Chapter.

      C.   The amount of parking for all retail sales and personal service establishments in neighborhood centers shall be one (1) parking space for each three hundred (300) square feet of gross floor area. The parking shall be provided either on the neighborhood center lot or in designated on-street parking areas within five hundred feet (500') of the neighborhood center buildings or by a combination thereof.

      D.   All nonresidential uses shall adequately accommodate both handicap parking and bicycle parking.

   12.   Architectural Guidelines. It is not the intent of the Board of Supervisors to dictate architectural styles. However, a set of standards shall be chosen by the applicant and adhered to consistently throughout the development. Standards selected shall enhance the design objectives and goals as specified by subsection .1. Architectural guidelines shall be established and approved as a condition of the conditional use approval. The applicant shall submit a set of guidelines which shall include styles, proportions, massing, and detailing. To the extent necessary on each site, these features shall be compatible with the design of historical resources on and adjacent to the Neighborhood Greenway Development tract. The architec tural guidelines shall be recorded with or be part of documentation imposing covenants and conditions upon the Neighborhood Greenway Development.

      A.   Streets shall be designed to establish a hierarchy which shall:

         (1)   Avoid alteration of cultural or historical resources as identified by the Comprehensive Plan and Open Space and Greenway Master Plan.

         (2)   Minimize alteration of natural resources as identified by the Comprehensive Plan and Open Space and Greenway Master Plan.

         (3)   Provide a view to prominent natural vistas.

         (4)   Promote pedestrian movement and calm traffic speeds as necessary.

         (5)   Provide for on-street parking where applicable.

         (6)   Be provided with sidewalks on both sides.

         (7)   Accommodate nonmotorized traffic.

      B.   Street patterns shall form a network, with variations as needed for topographic, environmental, and other design considerations. Proposed streets within the Neighborhood Greenway Development designed as collector streets shall have a minimum centerline turning radius of one hundred fifty feet (150'). All other streets within the Neighbor hood Greenway Development shall be designed with a minimum centerline turning radius of eighty feet (80'). All intersections of streets and all intersections of access drives with streets shall maintain a clear sight triangle. The minimum clear sight triangle side length shall be seventy-five feet (75'). All intersections of streets with existing arterial streets shall have a minimum clear sight triangle side length of one hundred feet (100').

      C.   Street width and design standards shall be as set forth in the table below:

 

N-1:   Neighborhood Street with homes and parking on just one side of the street; the parking must be on the same side of the street as the homes

N-2:   Neighborhood Street with homes and parking on both sides of the street

*For purposes of this Section, the following streets are considered collectors:

      D.   Streets serving townhouses where the separation distance between driveways serving individual dwelling units is less than ten feet (10') shall not be offered for dedication to the Township and remain as private streets. All private streets shall conform to the following requirements:

         1.   Private streets shall meet all the design standards for public streets as required by this Chapter.

         2.   Applications that propose a private street shall include an agreement, in a recordable form acceptable to the Township, which shall be recorded with the Recorder of Deeds as part of the final plan. This agreement shall establish the conditions under which the street will be constructed and maintained and shall stipulate:

            a.   That the street shall be constructed and maintained to conform to the provisions of this Chapter.

            b.   The method of assessing maintenance and repair costs.

      A.   Sidewalks shall be no less than four feet (4') wide in residential areas and no less than five feet (5') wide in areas providing access to neighborhood facilities within the Neighborhood Greenway Development or commercial areas adjacent to the Neighborhood Greenway Development tract.

      B.   Sidewalks shall be separated from street curbs by a planting strip or tree lawns not less than three feet (3') wide.

      A.   New street trees shall be deciduous shade trees with a caliper of two and five-tenth (2.5) to three (3) inches measured at chest height.

      B.   Street trees shall be spaced at intervals no greater than forty feet (40') along both sides of each street, including arterial roads, excluding rear access lanes and alleys.

      C.   Selected species shall:

         (1)   Cast moderate to dense shade in summer.

         (2)   Have a typical life span of more than sixty (60) years.

         (3)   Mature to a height of at least fifty feet (50').

         (4)   Be tolerant of pollution and direct or reflected heat.

         (5)   Require little maintenance by being mechanically strong (not brittle) and insect and disease resistant.

         (6)   Be able to survive two years with no irrigation after establishment.

         (7)   Be of native origin, provided they meet the above criteria.

      D.   Existing healthy and mature street trees may be counted toward the street tree planting requirement.

      E.   Street plantings may be used to complement the street tree and landscaping requirements within public areas not included within the open space. If permanent containers are used to accommodate such plantings, they shall contain vegetation which is hardy in all seasons or shall be replanted according to the change in seasons. The perpetual care and maintenance of such plantings shall be the responsibility of the entity responsible for the open space.

      A.   Provision of improvements to active recreational areas such as equipment, fields, spectator facilities, or jogging/stretching/fit ness stations. Each type of such amenity provided shall qualify for consideration of a decrease in the required open space by one percent (1%), with the total reduction of open space not to exceed five percent (5%); or, an increase in the maximum density of one-tenth (0.1) additional dwelling unit per acre, with a total increase in the maximum density not to exceed one-half (1/2) an additional dwelling unit per acre. To qualify for the open space reduction or increase in maximum density, but not both per type of amenity, the location and extent of each type of amenity shall be acceptable to the Township.

      B.   Provision of improvements to passive recreational areas such as fountains, benches, trail surfacing, or educational signage related to the presence of unique species of plants or animals or the background of historical resources on the Neighborhood Greenway Development tract. Each type of such amenity provided shall qualify for consideration of a decrease in the required open space by one percent (1%), with the total reduction of open space not to exceed five percent (5%) or an increase in the maximum density of one-tenth (0.1) additional dwelling unit per acre, with a total increase in the maximum density not to exceed one-half (1/2) an additional dwelling unit per acre for the open space reduction or increase in maximum density, but not both per type of amenity, the location and extent of each type of amenity shall be acceptable to the Township. To qualify for the reduction, the location and extent of each type of amenity shall be acceptable to the Township.

      C.   Provision of rear access to properties with the use of alleys. Subdivisions served in whole or in part with alleys shall qualify for consideration of a decrease in the required open space or an increase in the maximum density as follows:

 

      A.   Each applicant under this Section shall present a site plan of the Neighborhood Greenway Development with the application for a conditional use. The site plan shall at a minimum contain:

         (1)   The project name or identifying title.

         (2)   The name and address of the landowner of the tract, the applicant, and the firm that prepared the plan.

         (3)   The file or project number assigned by the firm that prepared the plan, the plan date, and the dates of all plan revisions.

         (4)   A north arrow, a graphic scale, and a written scale.

         (5)   The entire tract boundary with bearings and distances, and identification of all corner markers.

         (6)   A location map, for the purpose of locating the site to be subdivided or developed, at a minimum scale of two thousand feet (2,000') to the inch, showing the relation of the tract to adjoining property and to all streets, municipal boundaries, and streams existing within one thousand feet (1,000') of any part of the property proposed to be developed.

         (7)   The plotting of all existing adjacent land uses and lot lines within two hundred feet (200') of the proposed development including the location of all public and private streets, drives or lanes, railroads, historic sites, and other significant natural or man-made features.

         (8)   The names of all immediately adjacent landowners and the names and plan book numbers of all previously recorded plans for adjacent projects.

         (9)   Contours at vertical intervals of two feet (2') for land with average natural slope of twelve percent (12%) or less, and at vertical intervals of five feet (5') for more steeply sloping land; location of bench mark and datum used.

         (10)   The delineation of all those areas which have been identified as being subject to the one hundred (100) year flood in accordance with Part 11 of this Chapter.

         (11)   The delineation of all soil types as indicated by the most recent U.S.D.A.- N.R.C.S. Soil Survey of Lebanon County.

         (12)   The plotting of all existing landmarks within the proposed development including the location of all existing streets, buildings, easements, rights-of-way, sanitary sewers, water mains, storm drainage structures, and watercourses.

         (13)   A list of site data including, but not limited to, the following:

            (a)   Total acreage of the tract.

            (b)   Zoning district.

            (c)   Proposed use of the land.

            (d)   Proposed gross area of the development.

            (e)   Proposed gross residential density.

            (f)   Proposed number of dwelling units.

            (g)   Proposed number of lots.

            (h)   Acreage of all street rights-of-way proposed for dedication.

            (i)   Acreage and percentage of common open space.

            (j)   Acreage to be sold to individual owners.

            (k)   Acreage to be retained by landowner.

            (l)   Acreage of any commercial, public or semi-public use areas.

            (m)   Proposed number of parking spaces.

            (n)   Any proposed design incentive, including the provision under which the incentive is authorized, the improvement proposed to qualify for the incentive, the increase in density, the change in the mix of dwelling types, the decrease in open space, the increase in impervious coverage or the decrease in landscaping claimed.

         (14)   The proposed location and dimensions of all streets, access drives, parking compounds, sidewalks, bikeways, and curbing.

         (15)   The proposed location of all lot lines with approximate dimensions.

         (16)   The approximate size of all lots in square feet or acreage.

         (17)   The proposed location and configuration of all buildings.

         (18)   The proposed location, size, and use of all common open space areas, structures, and recreation facilities.

         (19)   Proposed landscaping, buffering, screening, walls, and fences.

         (20)   A proposed phasing plan of the development.

         (21)   A descriptive narrative of the proposal’s impact on each of the following resources, and the specific measures undertaken or which will be undertaken to incorporate and protect such features in accordance with the objectives and goals identified by subsection .1. The applicant shall take appropriate steps to conserve these resources and shall identify what efforts have been made to mitigate necessary impacts to these resources. Features depicted on the plan shall include, but shall not be limited to, the following:

            (a)   Existing vegetation and woodlands.

            (b)   Natural habitats.

            (c)   Slopes in excess of fifteen percent (15%).

            (d)   Ponds, lakes, streams, and rivers.

            (e)   Wetlands.

            (f)   Ridgelines.

            (g)   All areas identified as being subject to the one hundred (100) year flood in accordance with Part 11 of this Chapter.

            (h)   Surface drainage characteristics.

            (i)   All cultural, historical, and natural features on and adjacent to the Neighborhood Greenway Development tract.

      B.   The Board of Supervisors in approving conditional use applications shall make compliance with the site plan and any revisions thereto required by the Board of Supervisors a part of the approval. The applicant shall develop the Neighborhood Greenway Development tract in the manner set forth on the site plan and any required revisions thereto unless a change to the site plan is authorized in accordance with paragraphs .C or .D below. This procedure for revisions to the site plan shall supersede the provisions for changes to the site plan set forth in § 1104.4 of this Chapter.

      C.   An applicant may make minor revisions to the site plan as may be necessary to accommodate fully engineered stormwater management facilities, public sewer facilities, public water facilities, flood plains, and changes to street design as may be required by the Pennsyl vania Department of Transportation as part of a highway occupancy permit. The Board of Supervisors during the subdivision and land development process shall determine whether the applicant’s proposed changes to the approved site plan constitute minor revisions necessary to accommodate fully engineered stormwater management facilities, public sewer facilities, public water facilities, floodplains, and changes to street design as may be required by the Pennsylvania Department of Transportation as part of a highway occupancy permit.

      D.   An applicant who desires to make a change to an approved site plan which the Board of Supervisors determines does not constitute a minor revision authorized by paragraph .C above shall apply for and obtain an additional conditional use approval.

         (1)   Any applicant who proposes a change to an approved site plan which shall not alter any of the items set forth in subpara graph (2) below shall demonstrate during the additional conditional use approval process that the site plan for the proposed Neighbor hood Greenway Development as revised by the applicant continues to meet all requirements of this Section.

         (2)   Any applicant who proposes a change to an approved site plan which shall alter any of the following items shall demonstrate during the additional conditional use process that the site plan for the proposed Neighborhood Greenway Development continues as revised by the applicant to meet all requirements of this Section and shall also demonstrate that the proposed modification to the approved site plan meets the requirements of subparagraph (3) below:

            (a)   Increase in the number of dwelling units or decrease in the number of dwelling units in excess of ten percent (10%).

            (b)   Change in the amount of nonresidential building area or land area to be devoted to nonresidential uses.

            (c)   Change in the amount or location of open space areas.

            (d)   Change in the minimum lot sizes for the residential dwellings.

            (e)   Change in any improvement proposed to qualify for a design incentive authorized by subsection .19.

         (3)   An applicant who desires to make a revision to a site plan which affects any of the criteria in subsection .20.D(2) above shall demonstrate to the satisfaction of the Board of Supervisors during the additional conditional use approval process that such change will:

            (a)   Generally enhance the development plan, or in any case not have an adverse impact on its physical, visual or spatial characteristics.

            (b)   Generally enhance the streetscape and neighborhood, or in any case not have an adverse impact on the streetscape and neighborhood.

            (c)   Not result in configurations of lots or street systems which shall be impractical or detract from the appearance of the proposed Neighborhood Greenway Development.

            (d)   Not result in any danger to the public health, safety or welfare by making access to the dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air or by violating the other purposes for which zoning ordinances are to be enacted under § 604(1) of the MPC.

            (e)   Allow for equal or better results than the origi nally approved site plan and represent the minimum modifica tion necessary.

      A.   Such modifications of design standards better serve the intended purposes and goals of the Neighborhood Greenway Development option as expressed in subsection .1.

      B.   Such modifications of design standards would not result in adverse impact to adjoining properties, nor future inhabitants within the Neighborhood Greenway Development.

      C.   Such modifications will not result in an increase in residen tial densities permitted for the Neighborhood Greenway Development tract.

      D.   Such modifications will not result in a decrease in open space below that required in subsection .6 for the Neighborhood Greenway Development tract.

      E.   The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria in this Section.

      A.   Sidewalks shall be no less than four feet (4') wide in residential areas and no less than five feet (5') wide in areas providing access to neighborhood facilities within the development or commercial areas adjacent to the development.

      B.   Sidewalks shall be separated from street curbs by a planting strip or tree lawns not less than three feet (3') wide.

      A.   New street trees shall be deciduous shade trees with a caliper of two and five-tenth (2.5) to three (3) inches measured at chest height.

      B.   Street trees shall be spaced at intervals no greater than forty feet (40') along both sides of each street, including arterial roads, excluding rear access lanes and alleys.

      C.   Selected species shall:

         (1)   Cast moderate to dense shade in summer.

         (2)   Have a typical life span of more than sixty (60) years.

         (3)   Mature to a height of at least fifty feet (50').

         (4)   Be tolerant of pollution and direct or reflected heat.

         (5)   Require little maintenance by being mechanically strong (not brittle) and insect and disease resistant.

         (6)   Be able to survive two (2) years with no irrigation after establishment.

         (7)   Be of native origin, provided they meet the above criteria.

      D.   Existing healthy and mature street trees may be counted toward the street tree planting requirement.

      E.   Street plantings may be used to complement the street tree and landscaping requirements within public areas not included within the open space. If permanent containers are used to accommodate such plantings, they shall contain vegetation which is hardy in all seasons or shall be replanted according to the change in seasons. The perpetual care and maintenance of such plantings shall be the responsibility of the entity responsible for the open space.

   A.   One accessory dwelling unit may be permitted on a lot.

   B.   The owner of the lot shall maintain his or her primary residence in either the principal or the accessory dwelling unit. The other dwelling unit shall be occupied by persons related by blood, marriage, or adoption to the lot owner.

   C.   Each year the owner of the lot shall provide the Township with a written statement in a form prepared by the Township, together with the applicable fee, certifying compliance with this Section. In the event the lot owner fails to comply with this requirement, the lot owner shall be required to reconvert the accessory dwelling unit into part of the principal dwelling unit or completely remove the accessory dwelling unit.

   D.   One additional off-street parking space shall be provided for the accessory dwelling unit.

   E.   The accessory dwelling unit shall either be a manufactured home or shall be contained in or attached to the principal dwelling. If the accessory dwelling unit is contained to or attached to the principal dwelling, it shall be designed so that the appearance of the building remains that of a single family detached dwelling. Any necessary additional entrances or exits shall be located to the side or rear of the existing dwelling.

   F.   The maximum size of the accessory dwelling unit shall not exceed sixty (60) percent of the total floor area of the principal dwelling unit or one thousand two hundred (1,200) square feet, whichever is less.

   G.   Any on-lot sewage disposal system shall be certified by the Sewage Enforcement Officer to meet all applicable requirements as a result of the inclusion or addition of the accessory dwelling unit.

   H.   The accessory dwelling unit shall conform with all other zoning requirements including, but not limited to, setbacks and impervious surface coverage. The accessory dwelling unit shall comply with the Uniform Construction Code.

   I.   The accessory dwelling unit permit shall be deemed to be automatically revoked if the Zoning Officer determines that the owner of the lot no longer meets the requirements of this Section, the accessory dwelling unit or principal dwelling unit are not occupied by persons meeting the requirements of this Section, or if the lot is sold.

   J.   The owner of the lot shall present evidence of the recording of an agreement between the owner and the Township, in a form acceptable to the Township Solicitor, which sets forth that the occupancy of the accessory dwelling unit is limited as set forth in this section.

   1.   New communication antennas, towers and equipment where authorized by this Chapter shall be subject to the following:

      A.   All new or replacement towers/monopoles 150 feet or less in height, not including lighting rod, shall be designed to accommodate at least one additional personal communication services (PCS)/cellular platform. All new or replacement towers/monopoles in excess of 150 feet in height shall be designed to accommodate at least two additional PCS/cellular platforms.

      B.   All satellite dish antennas that are used to transmit video format data shall be completely enclosed by an eight-foot high, non-climbable fence with a self-locking gate that includes signage warnings of dangerous radiation levels.

      C.   Equipment buildings accessory to communications antennas shall be a maximum of 250 square feet in area.

      D.   A communications tower shall be set back from all lot lines the greater of the height of the tower above the surrounding ground elevation or the principal building setback applicable in the district.

      E.   The Applicant shall submit evidence from a registered professional engineer certifying that the proposed structure will meet applicable wind resistant standards of the Uniform Construction Code and shall present evidence that all antennas to be located on the tower shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

      F.   No signs or lights shall be mounted on a communications tower except as may be required by the Federal Communications Commission, Federal Aviation Administration, or other governmental entity.

      G.   Abandonment. Any tower/monopole that is not operated for a continuous period of six months shall be considered abandoned and the owner of such tower shall remove the same within 90 days of a receipt of notice from the Township notifying the owner of such abandonment. If such tower is not removed within 90 days, the Township may remove the tower at the owner's expense.

   2.   Communications antennas mounted on structures existing as of October 1, 2017, where authorized by this Chapter shall be subject to the following criteria:

      A.   Building-mounted communication antennas shall not be located on any building used for residential purposes.

      B.   Building-mounted communication antennas shall be permitted to exceed the height of the existing structure by no more than 20 feet, unless the antennas are concealed from view.

      C.   Any applicant proposing communication 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 communication equipment building can be accomplished.

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

      E.   Communication antennas shall not cause radio frequency interference with other communication facilities located in the Township.

      F.   A communication equipment building shall be subject to the height and setback requirements of the district for an accessory structure.

      G.   The owner or operator of communication antennas shall be licensed by the Federal Communications Commission to operate such antennas.

      H.   The applicant shall submit testimony on how this facility will be disguised so that it blends in with the surrounding area.

      I.   The communications equipment building and antenna shall be an accessory use on the property that it is erected.

   3.   Where a communications tower is in existence or a structure has been approved for the location of communications antenna, the co-location, modification, and replacement of facilities, as such terms are defined in the Wireless Broadband Co-Location Act, Act 191 of 2012, as amended, shall be regulated in accordance with such statute. It is the intention of the Township that this Chapter be interpreted in a manner to comply with such statute while requiring an applicant to obtain special exception approval for the initial construction of communications towers and the initial designation of an existing structure as a wireless support, structure upon which wireless communications facilities may be installed.

         (1)   Antennas and their accessory cabinets shall be located on existing utility poles, light poles, traffic signal poles, or other similar structures.

         (2)   A pole or structure shall not be erected solely for the purpose of accommodating a communications antenna or its accessory equipment cabinet.

         (3)   Written permission of the co-location proposal shall be provided from the pole or structure's owner.

         (1)   Equipment cabinets shall be affixed to a pole, except where ground-mounted cabinets are shown to minimize the visual impact upon the surrounding area.

         (2)   Where equipment cabinets are to be ground-mounted, they shall be set back at least 18 inches from the face of curb, or 48 inches from the edge of pavement where curb is not present. Additionally, the equipment shall not cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience use of the public right-of-way as determined by the Township.

         (3)   Poles and attached equipment shall not exceed 60 feet in height when located in the A-Agricultural District, RR-Rural Residential District, C-1 General Commercial District, C-2 Highway Commercial District, and I-Industrial District.

         (1)   The construction, repair, maintenance, or installation of any Township or other public improvement in the right-of-way.

         (2)   The operations of the Township or other governmental entity in the right-of-way.

         (3)   Vacation of a street or road, or the release of a utility easement.

         (4)   An emergency, as determined by the Township.

      E.   Compensation for Township Right-of-Way Use. Communications equipment in the Township right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the Township right-of-way. Such compensation for Township right-of-way use shall be directly related to the Township's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other right-of-way management activities by the Township. The owner of each piece of communications equipment shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above, which shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual right-of-way management costs as applied to such communications equipment.

      A.   Short term rental permit applications shall be submitted to the Township Zoning Officer and shall contain all of the following information:

         (1)   Contact information, including:

            (a)   The name, address, telephone number, and email address of the owner. If the owner does not have a managing agency, agent, or local contact person, then the owner shall provide a 24-hour telephone number. If the owner intends to use an agent or local contact person to manage the short rental property, then that agent or local contact person shall have written authorization to accept service of legal papers for the owner and reside within fifteen (15) minutes of the short term rental property. Such person is defined for the purposes of this Section as the "person in charge." If the owner resides at a location over approximately fifteen (15) miles from the short term rental property or is a corporate entity, the owner must designate a person in charge.

            (b)   The name, address, and 24-hour telephone number of the person in charge, if any.

            (c)   Signatures of both the owner and the person in charge. If the property is owned by more than one owner, then all owners of the property are required to sign the application. If the property is owned by a corporate entity, an authorized officer of such entity is required to sign the application and designate a person in charge.

         (2)   Floor plans of the structure to be used as a short term rental, including:

            (a)   Identification of rooms on all floors and specific location and dimensions of bedrooms.

            (b)   Total number of bedrooms.

         (3)   Site plan of the lot on which the short term rental is located, including:

            (a)   Property lines, driveways, and all structures.

            (b)   Location and number of on-site parking spaces.

            (c)   Location and identification of all components of the sewage disposal system, if not served by a public sanitary sewer system.

         (4)   Other certificates and information, including:

            (a)   If the property is not served by a public sanitary sewer system, a septic system evaluation certifying that the existing system is functioning as intended and proof the tank was pumped within the past three (3) years for approval by the Township's Sewage Enforcement Officer.

            (b)   Consent for inspection of the property by the Township Zoning Officer, upon 48 hours' prior notice to the owner or person in charge to verify consistency with the submitted application and the terms and conditions of this Section.

            (c)   Copy of recorded deed to evidence ownership of the property.

            (d)   Declaration page of the current insurance policy indicating at least $500,000 liability insurance to cover the commercial use of property as a short term rental.

            (e)   Trespass waiver signed by the owner allowing access to the property for the Township Zoning Officer to verify compliance with this Section.

            (f)   Confirmation that the applicant has taken all action required to register with the Lebanon County Treasurer to enable the applicant to pay the hotel and/or room rental taxes imposed by Lebanon County. The Zoning Officer shall not issue a certificate of occupancy for the short term rental unit until the applicant presents such confirmation of registration.

      B.   Short term rentals shall be subject to site inspections by the Township Zoning Officer prior to permit issuance and thereafter upon 48-hours' prior notice to the owner or person in charge to verify application information (including the floor plan and site plan information) and compliance with the provisions of this Section and the following requirements:

         (1)   Short term rentals shall have a clearly visible and legible notice posted within the structure on or adjacent to the inside of the front door containing the following information:

            (a)   The name and telephone number of the owner of the unit and the name and telephone number of the person in charge, if any.

            (b)   The street address of the property as recognized by the Lebanon County Emergency Management Services.

            (c)   The maximum number of occupants permitted to stay in the short term rental and the maximum number of day guests permitted at any one time based on the provisions of this Section and a notification that day guests may not be on the property on any day before 7:00 AM or after 10:00 PM.

            (d)   The maximum number of vehicles allowed to be on the property and notification that all occupant and guest parking must be in the available parking areas on the property which shall be improved to meet the requirements of Section 1508 of this Chapter. Parking shall not be permitted in or along any private or public street right-of-way or on any lawn or vegetated area on the property.

            (e)   The trash pick-up day and notification that trash and refuse shall not be left or stored on the exterior of the property outside of proper receptacles.

            (f)   Notification that an occupant or guest may be cited and fined for creating a nuisance or disturbance or for violating any other provisions of the Township's ordinances or other laws.

            (g)   Notification that short term rental occupants are required to make the unit available for inspection by the Township Zoning Officer pursuant to the provisions of this Section.

         (2)   Short term rentals shall be equipped with the following, all of which shall be in working order at all times:

            (a)   Smoke detectors in each bedroom.

            (b)   Smoke detectors outside each bedroom in common hallways.

            (c)   Smoke detectors on each floor.

            (d)   GFI outlets for outlets located within six (6) feet of a water sources.

            (e)   Aluminum or metal exhaust from dryer.

            (f)   Carbon monoxide detector if open flame (oil or gas) furnace, gas or wood fireplace, or wood-burning or coal burning stove.

            (g)   Carbon monoxide detector in garage if attached to the short term rental.

            (h)   Fire extinguisher in kitchen and every floor level.

            (i)   Stairs (indoor and outdoor) in good condition.

            (j)   Any other occupancy and property maintenance requirements under the Township's ordinances applicable to single-family dwelling units.

         (3)   If the property is not served by a public sanitary sewer system, the Zoning Officer shall inspect the on lot sewage disposal system to verify consistence with the submitted sited plan and the submitted floor plan.

      C.   A short term rental permit shall be issued only to the owner of the property upon with the short term rental is located, and is subject to the following:

         (1)   No more than one short term rental may be located on a lot.

         (2)   A short term rental permit is effective for the time period between the issuance of the short term rental permit until December 31 of the same calendar year. Thereafter, a short term rental permit must be renewed annually on a calendar year basis.

      D.   The Township shall prescribe forms and procedures for processing applications for short term rental permits and renewals thereof, and the Board of Supervisors may establish reasonable fees by resolution for the processing of applications for short term rental permits and renewals thereof.

      E.   Short term rental permits are not transferrable to successors-in-interest to the property. If the property is conveyed and the new owner wishes to continue operating a short term rental thereon, the new owner must apply for and be issued a short term rental permit pursuant to the terms of this Section.

      A.   Minimum lot size: 10 acres.

      B.   Minimum setbacks: A short term rental unit shall be set back from all lot lines by at least 50 feet, unless a greater setback is required under the dimensional requirements of the property's zoning district. All other structures on the property available for use by the occupants of shall be set back from lot lines as required under the dimensional requirements of the property's zoning district or otherwise permitted as nonconforming under this Chapter.

      C.   A short term rental may only be established in a structure existing on January 1, 2021.

      D.   Subject to subsection G, below, a short term rental shall be occupied overnight by only a "family" as defined by this Chapter, and the total overnight occupancy shall not exceed the two (2) times the number of bedrooms in the short term rental plus four (4). Overnight occupancy shall not exceed this number.

      E.   The maximum number of day guests allowed at any one time in addition to the overnight occupants, shall be fifty (50%) of the maximum overnight occupancy of the short term rental. Day guests may not be on the property on any day before 7:00 AM or after 10:00 PM.

      F.   A short term rental and the property upon which it is located shall not be used by the overnight occupants or guests for gatherings such weddings, parties, family and class reunions, picnics, corporate meetings and retreats, unless such attendance at such events is limited to only the permitted overnight occupants and day guests (during the time period in which day guests may be on the property).

      G.   If the lot containing the short term rental is not served by a public sanitary sewer system:

         (1)   The number of bedrooms permitted for use in a short term rental shall not exceed the number of bedrooms approved for the structure on the sewage permit issued for the property.

         (2)   Where there is no sewage permit on record, the short term rental shall be limited to three (3) bedrooms unless the Township's Sewage Enforcement Officer determines that the septic system is adequate to handle additional flows.

         (3)   No owner (or agent of owner) shall advertise a short term rental with more than five (5) bedrooms unless the Township's Sewage Enforcement Officer has determined that the septic system is adequate to handle such flows.

         (4)   If a sewage system malfunction occurs, the short term rental use on the property shall be immediately discontinued and remain unoccupied until the malfunction is corrected in accordance with Township and State requirements.

      H.   Outdoor parking for overnight occupants and day guests shall be limited to the available parking areas on the short term rental property. In no event shall short term rental overnight occupants or day guests parking in any public street right-of-way, on any lawns or vegetated areas on the property, or on another property.

      I.   Neither short term rental overnight occupants nor their day guests shall engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person by loud, unusual or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting, or creating a dangerous or physically offensive condition.

      J.   The owner of the short term rental shall use best efforts to assure that the overnight occupants and day guests of the short term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate the Township's ordinances or any state law pertaining to noise or disorderly conduct including, but not limited to, notifying the overnight occupants of the rules regarding short term residential rentals and responding when notified that the occupants are violating such laws, ordinances, or regulations.

      K.   Recreational vehicles and campers trailers may not be parked on the property, and outdoor, overnight camping or sleeping on the property is prohibited.

      L.   The discharge of fireworks or firearms on the property is prohibited.

      M.   Campfires and other outdoor fires are permitted only in adequately constructed fire circles or outdoor fire places, and must be at least one hundred (100) feet from any lot line.

      N.   An overnight occupant of a short term rental may not sublease all or a portion of the short term rental.

      A.   All permitted short term rentals are subject to inspection by the Township Zoning Officer, during daytime hours and upon 48-hours advance notice to the owner or person in charge, to verify the information provided on the permit application and compliance with the provisions of this Section.

      B.   Notwithstanding Subsection A, above, if there is sufficient reason to believe that the provisions of this Section are being violated, then the Township Zoning Officer is permitted to enter onto the property at any time and without notice to the owner or person in charge to cure or cause to be cured such violations. In such situations the Township Zoning Officer may request the assistance of law enforcement agencies if appropriate. Within twelve (12) hours of any entry onto the property under this provision, the Township Zoning Officer shall call the owner or person in charge and provide information about the alleged violations and actions taken by the Township Zoning Officer and law enforcement personnel.

      A.   The Township Zoning Officer shall enforce this Section pursuant to Part 20 of this Chapter or as set forth in Subsection B, below.

      B.   If the Township Zoning Officer has determined that there has been a violation of any provision in this Section, the Township Zoning Officer may, within thirty (30) days of the occurrence of such violation, issue to the owner and person in charge, if any, a determination of violation, which shall state the date, time, property address, alleged violation, and names and addresses of all participants and witnesses of such violation known to the Township Zoning Officer at the time the determination of violation is being prepared. Upon receipt of a determination of violation, the owner may appeal such determination of violation to the Zoning Hearing.

      C.   In addition to, and not in limitation of, the provisions of Subsections A and B, above, the Township Zoning Officer may revoke or deny an application to renew any owner's short term rental permit following a total of three (3) of either prosecuted violations of this Section under Part 20 of this Chapter or unappealed/sustained or determinations of violation under Subsection B, above, in any rolling twelve (12) month period from the date of the first prosecution or sustained determination of violation (or date that the determination becomes unappealable if not appealed). Such revocation or denial to renew a short term rental permit shall continue for six (6) months for the first three prosecuted violations or unappealed/sustained determinations of violation, and continue for one (1) year for any subsequent prosecuted violations or unappealed/sustained determinations of violation.

      D.   If the property is owned by more than one owner, each owner jointly and severally be subject to prosecution under this Section.