A preliminary land development plan, if required by the Township Subdivision and Land Development Ordinance or, if a land development plan is not required, a current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

In the case of a plan that meets the criteria of the Township's current Traffic Impact Study Ordinance (Ordinance No. 4 of 2001, as now or hereafter amended), a traffic impact study prepared in accordance with the requirements of that ordinance.

The application fee required by § 240-149 of this chapter.

If the conditional use involves physical improvements that have not been substantially initiated within one year of the date of approval or authorization approval of the conditional use, the approval shall lapse. The conditional use approval shall also lapse if, after starting construction, the construction is discontinued for a period of one year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to § 240-93A(9)(c).

If the conditional use does not involve physical improvements and a certificate of occupancy is not issued for the conditional use within one year of the date of approval or authorization, the approval shall lapse. No certificate of occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to § 240-93A(9)(c).

The Board of Commissioners may renew its approval of a conditional use for which approval has lapsed, provided that no more than one year has elapsed since the date of the original approval or, in the case of discontinuance of work, since the date of discontinuance. Renewal shall require formal action, including public notice and a hearing. Renewal shall have the same effect as the original approval. If no renewal is granted within the one-year period allowed for renewals, the original approval shall be void and no further effect.

A current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

In the case of a plan that meets the criteria of the Township's current Traffic Impact Study Ordinance (Ordinance No. 4 of 2001 as now or hereafter amended), a traffic impact study prepared in accordance with the requirements of this chapter.

The application fee required by § 240-149 of this chapter.

Adult businesses, as defined by this chapter, shall not be permitted in any zoning district other than the I-1 General Industrial District.

An adult business shall not be located within 1,000 feet of any of the following uses: a church; public or private preelementary, elementary, or secondary school; public library; day-care center or nursery school; public park or residential dwelling. The distance shall be measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above listed uses.

Any adult business, other than an adult motel, which exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space, a film or videocassette or other video or image production or reproduction which depicts nudity or sexual conduct shall comply with the following:

If the adult business involves live performances, the performers shall not have easy access to the viewers present.

The owner and operator of any adult nightclub shall provide security officers, licensed under the laws of the commonwealth, if the maximum permitted occupancy exceeds 50 persons.

No stock-in-trade which depicts nudity or sexual conduct shall be permitted to be viewed from the sidewalk, street or highway.

No signs or other displays of products, entertainment or services shall be permitted in any window or other area which is visible from the street or sidewalk.

Windows shall not be covered or made opaque in any way.

Notice shall be given at the entrance stating the hours of operation and restricting admittance to adults only. The term "adult" shall have the meaning provided by applicable statutory law.

Owners and operators of adult businesses shall obtain a license to operate from the Township. In addition, such owners or operators shall supply to the Township such information regarding ownership and financing of the proposed business as is required by the Township's licensing application. Applications for licensing shall be filed with the Township Manager.

The adult business shall be initially licensed upon compliance with all requirements of this section and provisions of the required licensing application. For each year thereafter that the adult business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the Township Manager by November 1 of the year preceding the year for which renewal is sought. The lack of license or failure to renew such license in a timely manner shall be a violation of this chapter and shall be grounds for denial or revocation of the certificate of occupancy for the adult business.

The minimum lot area required for an animal hospital shall be 20,000 square feet, unless the animal hospital is located within a planned shopping center.

Outdoor kennels or runs shall not be permitted.

Overnight boarding of animals, other than for medical supervision, shall be permitted, if the animals are housed overnight within a completely enclosed building.

Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 240-141 of this chapter.

Odors shall be controlled so as to comply with the performance standards of § 240-97 of this chapter.

Dwelling units shall be located on the second floor or, if located on the first floor, shall be in a separate unit from the business.

Dwelling units shall have a minimum habitable floor area of 800 square feet.

Dwelling units in basements or accessory garages shall not be permitted.

Each dwelling unit shall have a separate entrance which does not require passing through any area devoted to office or retail use.

One and one-half off-street parking spaces shall be provided for each dwelling unit, with a minimum of two spaces. Shared parking for residential and commercial uses shall not be permitted.

The operator shall be a ful-time resident of the dwelling in which the bed-and-breakfast is located.

The lot shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

The minimum lot area required in the R-1 and R-2 Districts shall be two acres. The minimum lot area required in the R-4 District shall be 6,000 square feet.

No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.

The maximum length of stay for any guest shall be 14 days in any calendar year.

One identification sign shall be permitted and such sign may either be attached to the wall of the building or may be freestanding in the front yard, provided the surface area of the sign shall not exceed six square feet, the height of the freestanding sign shall not exceed four feet and the freestanding sign is located at least five feet from any property line.

The identification sign shall contain no information other than one or more of the following items:

In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.

Off-street parking shall not be located in any required front or side yard. Parking located in the rear yard shall be screened from adjoining residential properties by a compact six-foot evergreen hedge.

All billboards shall be subject to the express standards and criteria contained in § 240-121 of this chapter.

Projection signs, as defined in § 240-115A, shall be subject to the express standards and criteria contained in § 240-119E of this chapter.

The minimum site shall be 10 acres.

If horses are pastured, a minimum of one acre per horse shall be provided. If horses are stabled and provided with grain, an adequate area for exercising the horses shall be provided; however, no minimum acreage per horse shall be required.

All animals shall be properly sheltered and humanely kept.

All stables and other buildings in which animals are kept shall be located at least 300 feet from any occupied dwelling, other than the stable owner's dwelling, and in no case, shall the storage of manure or the stable or other building in which animals are kept be located closer than 200 feet to any property line.

No grazing of animals shall be permitted closer than 100 feet from any occupied dwelling, other than the stable owner's dwelling.

The area of the property used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent properties.

All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car washing facilities shall be under a roofed structure which has at least two walls.

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

Standing spaces shall be provided in accordance with the requirements specified in § 240-102 for drive-through facilities.

The facility shall be connected to public sanitary and storm sewers.

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

A minimum site of 10 acres is required.

A drainage plan shall be submitted with the application for the use, showing existing and proposed runoff characteristics.

A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

Plans for ingress/egress to the site shall be referred to the Township Police Department for comments regarding public safety.

All property lines adjoining residential use or zoning classification shall be screened by Buffer Area B, as defined by § 240-98A of this chapter.

All maintenance equipment shall be properly stored in an enclosed building when not in use.

Burial sites shall comply with the setbacks required for principal structures in the Zoning District and burial structures shall not be located within 100 feet of any property line adjoining residential use or Zoning District classification.

The minimum lot area required for a postsecondary school shall be 10 acres. The minimum lot area required for all other uses shall be one acre.

If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.

A dwelling (such as a manse or parsonage) may be located on the same lot with a church, provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.

All property lines adjoining single-family use or zoning district classification shall be screened by Buffer Area B, as defined by § 240-98A of this chapter.

Ingress and egress to and from police and fire stations shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.

Fire stations, police stations and municipal maintenance facilities shall be located so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.

All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment.

All outside storage, including trash dumpsters, shall be completely enclosed by a six-foot hedge or solid fence.

The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

The minimum lot area required for outdoor recreation facilities shall be one acre. All indoor facilities shall meet the minimum lot area required for the zoning district in which the property is located.

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

Adequate sanitary facilities available to the public shall be provided.

Outdoor speakers shall not be permitted if there are dwellings within 500 feet of the property in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize impact on adjoining properties.

Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.

Any outdoor facility shall be completely enclosed by a fence which is at least six feet in height with one or more locking gates, which shall remain secured when the facility is not in use.

Any outdoor facility located within 300 feet of an existing dwelling shall cease operations no later than 10:00 p.m.

Any use which includes eating or drinking facilities shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational use.

The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower.

Any applicant proposing a new freestanding communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower. A good faith effort shall require that all owners within a one-quarter-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:

The applicant shall demonstrate that the proposed communications tower and the electromagnetic fields associated with the antennas proposed to be mounted thereon comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

In the C-2 District, the maximum height of a communications tower shall be 100 feet. In the PED, I-P and I-1 Districts, the maximum height of a communications tower shall be 150 feet.

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

In the C-2, PED, I-P and I-1 Districts, all parts of the communications tower, including guy wires, if any, shall be set back from the property line at least 50 feet, except for guyed towers which shall be set back a distance equal to the height of the tower. If the tower is located on property which adjoins any R Residential Zoning District, the setback shall be at least 200 feet. Where the communications tower is located on a leased parcel within a larger tract, the setback shall be measured from the property line which separates the adjoining residentially zoned property from the larger tract controlled by the lessor, rather than from the boundaries of the leased parcel, provided the larger tract is either vacant or developed for a use other than single-family dwellings.

The tower and all appurtenances, including guy wires, if any, and the equipment cabinet or equipment building shall be enclosed by a minimum ten-foot-high chain link security fence with locking gate.

The applicant shall submit evidence that the communications tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with the Township Building Code and accepted engineering practice.

Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structures.

Access shall be provided to the communications tower and equipment cabinet or equipment building by means of a public street or right-of-way to a public street. The right-of-way shall be a minimum of 20 feet in width and shall be improved with a dust-free, all-weather surface for its entire length.

Recording of a plat of subdivision shall not be required for the lease parcel on which the communications tower is proposed to be constructed, provided the equipment building is proposed to be unmanned and the required easement agreement for access is submitted for approval by the Township.

Approval of a land development plan, prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance, shall be required for all communications towers.

The owner of the communications tower shall be responsible for maintaining the parcel on which the communications tower is located, as well as the means of access to the tower, including clearing and cutting of vegetation, snow removal and maintenance of the access driveway surface.

The owner of any communications tower which exceeds 50 feet in height shall submit to the Township proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated communications tower maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and reinspected and certified to the Township by a structural engineer at the owner's expense.

The owner of the communications tower shall notify the Township immediately upon cessation or abandonment of the operation. The owner of the communications tower shall dismantle and remove the communications tower within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the Township to install antennas on the existing communications tower. If the owner of the communications tower fails to remove the communications tower, then the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 240-141 of this chapter.

All communications tower structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.

All communications antennas and communications tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.

No sign or other structure shall be mounted on the communications tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

The exterior finish of the communications tower shall be compatible with the immediate surroundings. The communications tower, the equipment cabinet or equipment building and the immediate surroundings shall be properly maintained.

The base of the communications tower shall be landscaped suitable to the proposed location of the communications tower, if the base of the communications tower is visible from adjoining streets or residential properties.

At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers. Manned equipment buildings shall provide one parking space for each employee working on the site.

No communications antenna or communications tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

Building-mounted communications antennas shall not be permitted on any single-family or two-family dwellings.

The applicant shall demonstrate that the electromagnetic fields associated with the proposed communications antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

Building-mounted communications antennas shall be permitted to exceed the height limitations of the district by no more than 20 feet. Communications antennas mounted on an existing public utility storage or transmission structure shall not project more than 20 feet above the height of the structure.

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

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

Satellite and microwave dish communications antennas mounted on the roof of a building or on a self-supporting communications tower shall not exceed six feet in diameter.

Satellite and microwave dish communications antennas mounted on a monopole communications tower or existing public service corporation facility storage or transmission structure shall not exceed two feet in diameter.

The applicant proposing a building-mounted communications antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's location.

Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the communications antennas and placement of the equipment cabinet or equipment building shall be provided to the Township.

The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.

Unless located within a secured building, the equipment cabinet or equipment building shall be fenced by a ten-foot-high chain link security fence with locking gate. If the equipment cabinet or equipment building is visible from any public street or adjoining residential property, the equipment cabinet or equipment building shall be screened by a minimum six foot-high compact evergreen hedge.

If vehicular access to the equipment cabinet or equipment building is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided which has a minimum width of 20 feet and which shall be improved with a dust-free all-weather surface for its entire length.

At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.

Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Board shall consider the following characteristics of the proposed use:

The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.

The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

Any new construction, expansion or change of use or change in the level of custody within the correctional facility which was not approved as part of the original conditional use application shall be subject to resubmission and approval of a revised conditional use application to determine continued compliance with these criteria.

The site shall have frontage on and direct vehicular access to a street defined by this chapter as an arterial street.

In the event that the site has frontage on more than one arterial street, the vehicular access to the site shall be provided only from the street which has the higher volume of traffic.

The conditional use application shall include a traffic impact study prepared in accordance with the requirements of Township Ordinance No. 4 of 2001, as now or hereafter amended.

Perimeter security, as defined herein, shall be provided appropriate to secure the highest level of custody, as defined herein, to be provided at the correctional facility.

All outdoor activity areas shall be located inside the required perimeter security.

The maximum height of the correctional facility shall be five stories and no more than 60 feet.

The minimum institutional buffer, as defined herein, required for all correctional facilities, regardless of level of custody provided within the correctional facility, shall be 250 yards.

Off-street parking for correctional institutions which do not house any inmates with a, level of custody of 3 or greater may be located within the institutional buffer. Off-street parking for levels of custody 3 through 5 shall be located outside the institutional buffer.

Any property line of the site of the correctional facility which fronts on a public street or is visible from an adjacent residential or commercial use shall be screened by Buffer Area A, as defined by § 240-98A of this chapter.

All other property lines of the site of the correctional facility shall be screened by Buffer Area C, as defined by § 240-98A of this chapter.

The required plantings shall be located beyond the limits of the required institutional buffer in a location which maximizes their effectiveness while not compromising the security of the correctional facility.

The Chief Administrator of the facility shall file an emergency management plan, including the planned response to fire, security and medical emergencies, with the Board of Commissioners, Township Police Department, emergency medical service and the responding fire company for review and comment as part of the conditional use application and shall file an updated plan with each of these agencies annually by January 31 of each year after the facility is occupied.

Fire alarm and fire-suppression systems shall be provided in accordance with the requirements of the Township Fire Prevention Code and the most recent edition of the Township Building Code.[1]

The applicant shall provide evidence of all required federal, state or county permits prior to issuance of the certificate of occupancy and shall maintain valid permits throughout the operation of the facility. Any suspension or revocation of the permits required to operate the facility shall result in automatic revocation of the certificate of occupancy by the Township. Reinstatement of the certificate of occupancy shall be subject to submission of all valid permits and a certification by the Zoning Officer regarding continued compliance with all conditions attached to approval of the conditional use. Failure to maintain valid permits as required throughout the operation of the facility may be treated by the Township as a violation of this Zoning Ordinance, and each day that a violation occurs shall be subject to the enforcement remedies contained in § 240-141 of this chapter.

The Chief Administrator shall supply an annual report to the Zoning Officer by January 31 of each year, which indicates the peak prisoner population on any given day in the previous calendar year as a basis for the Zoning Officer to determine continued compliance with parking requirements and other conditions of approval. Failure to file the required annual report may be treated by the Township as a violation of this Zoning Ordinance, and each day that a violation occurs shall be subject to the enforcement remedies contained in § 240-141 of this chapter.

All correctional facilities, whether governmental, quasi-governmental or private, shall be designed to meet the current performance criteria of the American Correctional Association (ACA) and the Pennsylvania Department of Corrections. In the event of a conflict between these criteria, the more restrictive shall apply.

In correctional facilities which contain several levels of custody, the design of the facility shall be such that there shall be no commingling of levels of custody and that sally ports or other entrances used by inmates, including work-release inmates, are separate from entrances used by the general public.

The facility shall be registered with or licensed by the commonwealthof Pennsylvania.

In the R-1, R-2 and R-3 Zoning Districts, the facility shall be permitted to be located only in a church or school. In the R-4 Zoning District, this restriction shall not apply if the site has frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate. The location of the outdoor play area shall take into account the relationship to adjoining properties.

Outdoor play areas which adjoin residential lots shall be screened by Buffer Area C, as defined by § 240-98A of this chapter.

The general safety of the property proposed for a day-care center, nursery school or preschool facility shall meet the needs of small children. There shall be no potential hazards in the outdoor play area and a safe area for dropping off and picking up children shall be provided.

Off-street parking shall be provided in accordance with the requirements of Article XVII of this chapter.

The minimum site required for an equipment storage yard shall be five acres.

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

Buffer Area B, as defined by § 240-98A of this chapter shall be provided along all property lines adjoining any R Residential Zoning District.

No repair of vehicles or equipment shall be permitted outside a completely enclosed structure.

All operations shall comply with the performance standards of § 240-97 of this chapter.

Engines shall not be started or kept running before 6:30 a.m. or after 8:00 p.m. if the site is located within 500 feet of an existing dwelling.

All lighting shall be shielded and reflected away from streets and any adjoining residential properties.

All of the applicable criteria for a home occupation specified in § 240-95A(21) shall be met.

All applicable requirements of the Pennsylvania Department of Public Welfare shall be met and continuing compliance shall be maintained.

An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate. Such play area shall be screened from adjoining residential properties by a minimum four-foot-high compact, dense evergreen hedge or opaque fence.

Outdoor play areas shall have a minimum area of 400 square feet.

The minimum lot area shall be 40,000 square feet.

The site shall have frontage on and direct vehicular access to an arterial or collector street.

All off-street parking areas which adjoin residential zoning classification shall be screened by a six-foot dense, compact evergreen hedge.

Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets.

Golf courses and golf or country clubs shall have a minimum site of 120 acres; driving ranges and putting courses shall have a minimum site of 15 acres.

Clubhouses shall be located at least 100 feet from any property line adjoining property in any R Residential Zoning District and at least 50 feet from all other property lines.

Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for golf courses.

Where a swimming pool is provided, parking requirements for swimming pools shall apply in addition to the parking requirements for golf courses.

Outdoor operations shall be discontinued between the hours of 11:00 p.m. and 6:00 a.m.

The minimum lot area required for a group care facility, personal care boarding home or transitional dwelling that houses 10 or fewer residents shall be the minimum lot area required for a single-family dwelling in the zoning district in which it is located.

The minimum lot area required for a group care facility, personal care boarding home or transitional dwelling that houses more than 10 residents shall be two acres and the maximum number of residents authorized shall be 10 residents per acre.

All other minimum area and bulk regulations for a group care facility, personal care boarding home or transitional dwelling shall be the same as those required for a principal use in the zoning district in which the facility is located.

A Group care facility, transitional dwelling or personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

In the R-1 District, the maximum number of residents housed in a group care facility, transitional dwelling or personal care boarding home shall be four persons. In the R-2 District, the maximum number of residents housed in a group care facility, transitional dwelling or personal care boarding home shall be six persons.

In the R-4 District, the maximum number of residents housed in a group care facility, personal care boarding home or transitional dwelling shall be 10.

No group care facility, personal care boarding home or transitional dwelling shall be located within 1,000 feet of another existing or proposed group care facility, personal care boarding home or transitional dwelling.

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

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

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

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

The home occupation shall be carried on by a member of the family residing in the dwelling unit. No more than one person who is not a resident of the dwelling unit shall be employed in the dwelling unit.

In the R-2, R-3 and R-4 Districts, the home occupation shall be carried on wholly within the principal dwelling. The home occupation shall not be conducted in any accessory structure. In the R-1 District, the home occupation may be carried on in an accessory structure, provided the gross floor area of the accessory structure shall not exceed 25% of the gross floor area of the principal dwelling.

No more than 25% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.

There shall be no on-site production of articles for sale in the home occupation, other than customary handicrafts made by the resident, which may be produced for sale off the premises. Such articles shall not be displayed in quantity for sale on the premises, except that samples may be kept for the purpose of accepting orders.

There shall be no display on the premises of merchandise available for sale which has been produced off the premises; however, merchandise may be stored on the premises for delivery off the premises, such as Amway, Tupperware or similar products stored for distribution to customers or salespersons at their residence or place of business.

There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign no more than one square foot in surface area containing only the name of the resident and the nature of the home occupation which may be attached to the wall of the dwelling or to the mailbox.

The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.

Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 240-97 of this chapter.

The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.

There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

In the R-1, R-2, R-3 and R-4 Districts, the home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises and commercial vehicles shall not be parked on the premises.

There shall be no storage of materials or equipment used in the home occupation outside a completely enclosed building.

Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of Article XVII for the specific use in addition to the spaces required for the dwelling.

The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including but not limited to:

The acceptability of any proposed home occupation not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this § 240-95A(21) and the applicable criteria for comparable uses not specifically listed in § 240-95A(13).

Any expansion, change of use or change in the level of custody that is not approved as part of the original conditional use application shall be subject to resubmission and approval of a revised conditional use application to determine continued compliance with these criteria.

The lot shall be served by public water and public sewers.

The minimum lot area required shall be one acre. The number of persons residing in any facility located on one acre shall be limited to no more than 12.

The minimum lot area required to house at least 13 juveniles, but no more than 20 juveniles, shall be three acres.

The minimum lot area required to house at least 21 juveniles, but no more than 30 juveniles, shall be five acres.

The minimum lot area required to house more than 30 juveniles shall be 10 acres.

If more than 12 juveniles are housed, the minimum setback from any side or rear property line shall be 100 feet.

If secure care and/or secure detention is provided, the facility shall meet the regulations of Chapter 3800 of Title 55 of the PA Code for secure care and/or secure detention and, regardless of the number of juveniles housed, the minimum lot area required for a facility providing secure care and/or secure detention shall be 10 acres, and the minimum setback from any side or rear property line shall be 100 feet.

If an applicant for conditional use approval does not indicate that the facility may be used for secure care and/or secure detention at the time of application for conditional use approval, a new conditional use application shall be submitted to authorize the expanded use and determine compliance with the requirements of this subsection.

Buffer Area A as defined by § 240-98A of this chapter shall be installed along any property line adjoining an existing single-family dwelling or residential zoning classification.

Except for the minimum site size required in § 240-95A(22)(c) through (f), above, the area and bulk regulations for the I-1 District shall apply.

Off-street parking shall be provided in accordance with the design standards of Article XVII based on the ratio of one space for each employee working on peak shift plus one space for each four residents to accommodate visitors, counselors, tutors or other personnel who visit the site but do not work on the site on a daily basis.

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

A security system appropriate to the level of custody provided for the residents shall be installed, subject to the regulations of Chapter 3800 of Title 55 of PA Code.

In the event that any juvenile is absent from the premises for the time period specified by § 3800.16(a)[7] of Chapter 3800, as now or hereafter amended, the facility shall notify the Township Police Department immediately upon discovering such absence.

Adequate open space for outdoor recreation shall be provided on the lot for residents consistent with their needs.

The administrator of the facility shall file an emergency management plan, including planned response to fire, security and medical emergencies with the Township Manager, the Township Police Department, the emergency medical service and the responding fire companies.

Adequate provisions shall be made for access to all areas of the property and the structure by emergency medical, fire and public safety vehicles.

The applicant shall present evidence of an approved building permit as a condition precedent to obtaining a certificate of occupancy.

The applicant shall comply with fire protection provisions of the current edition of the Township Building Code and Township Fire Code.[2]

The applicant shall present evidence to the Zoning Officer of all other necessary approvals and permits from applicable, federal, state and local regulatory agencies as a condition precedent to obtaining a certificate of occupancy.

The certificate of occupancy shall be conditioned upon the applicant presenting to the Zoning Officer, on or before January 31 of each year, evidence of continuing validity of any license issued by the commonwealth.

Any suspension or revocation of any required license or certification by any federal, state or county agency shall result in the automatic suspension or revocation of the certificate of occupancy. Reinstatement of the certificate of occupancy shall be subject to submission of all valid certifications and licenses and certification by the Zoning Officer that there is continuing compliance with all conditions attached to the approval of the conditional use.

Violation of any of the conditions attached to the approval of the conditional use application, including noncompliance with the express standards and criteria of this subsection, shall result in revocation of the certificate of occupancy.

Conditional use approval shall expire automatically, without written notice to the applicant, if no application for a grading permit, building permit or a certificate of occupancy to undertake the construction or to authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Board of Commissioners, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

Conditional use approval shall be valid for one year from the date of approval by the Board of Commissioners and shall be renewed annually by submitting evidence of compliance with the original conditional use approval to the Zoning Officer. Renewal shall not require processing of an application for conditional use approval, unless the Zoning Officer determines that there have been substantive changes in the operation that would require processing of an amended conditional use application.

Any expansion, change of use or change in the level of custody that is not approved as part of the original conditional use application shall be subject to resubmission and approval of a revised conditional use application to determine continued compliance with these criteria.

The juvenile incarceration facility shall comply with and shall provide evidence of all applicable licenses and approvals required by Title 42 PA Consolidated Statutes, § 6301 et seq., known as the "Juvenile Act," as amended.

The minimum site required shall be 10 acres. On properties containing at least 10 acres, but no more than 15 acres, no more than 50 juveniles shall be housed. On properties containing more than 15 acres, but less than 20 acres, no more than 75 juveniles shall be housed. The minimum site required to house more than 75 juveniles shall be 20 acres.

Buffer Area A as defined by § 240-98A of this chapter shall be installed and maintained along all property lines, regardless of the adjoining zoning classification.

The minimum front yard shall be 75 feet.

The minimum side or rear yard adjoining a single-family dwelling or zoning classification shall be 100 feet. All other side and rear yards shall be 50 feet.

Minimum lot width shall be 200 feet.

Maximum lot coverage shall be 35%; maximum paved area shall be 20%.

Off-street parking shall be provided in accordance with the standards of Article XVII based on the ratio of one space for each employee working on peak shift plus one for each five residents to accommodate visitors, counselors, tutors or other personnel who visit the site but do not work on the site on a daily basis.

Twenty-four-hour supervision shall be provide by staff qualified by the sponsoring or licensing agency.

A security system, appropriate to the level of custody provided for the residents, shall be installed to control ingress and egress to the structure and to secure the perimeter of the site, subject to applicable state regulations.

The administrator of the facility shall file an emergency management plan, including planned response to fire, security and medical emergencies with the Township Manager, the Township Police Department, the emergency medical service and the responding fire companies.

Adequate provisions shall be made for access to all areas of the property and the structure by emergency medical, fire and public safety vehicles.

The applicant shall present evidence of an approved building permit as a condition precedent to obtaining a certificate of occupancy.

The applicant shall comply with fire protection provisions of the current edition of the Township Building Code and Township Fire Code.

The applicant shall present evidence to the Zoning Officer of all other necessary approvals and permits from applicable federal, state and local regulatory agencies as a condition precedent to obtaining a certificate of occupancy.

The certificate of occupancy shall be conditioned upon the applicant presenting to the Zoning Officer on or before January 31 of each year evidence of continuing validity of any license issued by the commonwealth.

Violation of any of the conditions attached to the approval of the conditional use application, including noncompliance with the express standards and criteria of this subsection, shall result in revocation of the certificate of occupancy.

Any suspension or revocation of any required license or certification by any federal, state or county agency shall result in the automatic suspension or revocation of the certificate of occupancy. Reinstatement of the certificate of occupancy shall be subject to submission of all valid certifications and licenses and certification by the Zoning Officer that there is continuing compliance with all conditions attached to the approval of the conditional use.

Conditional use approval shall expire automatically, without written notice to the applicant, if no application for a grading permit, building permit or a certificate of occupancy to undertake the construction or to authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Board of Commissioners, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

Conditional use approval shall be valid for one year from the date of approval by the Board of Commissioners and shall be renewed annually by submitting evidence of compliance with the original conditional use approval to the Zoning Officer. Renewal shall not require processing of an application for conditional use approval, unless the Zoning Officer determines that there have been substantive changes in an amended conditional use application.

The minimum site required shall be 20 acres.

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

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

No garbage, hazardous materials or hazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.

The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 240-141 of this chapter.

The manner of storage of junk or other materials or equipment on the site shall facilitate access for fire fighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.

The junkyard operation shall comply with the performance standards of § 240-97 of this chapter.

No junk shall be stored or accumulated and no structure shall be located within 300 feet of any dwelling or within 100 feet of any property line or public street.

The premises shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subparagraph (k), below, and shall be maintained in good condition.

The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

Buffer Area A, as defined by § 240-98A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets and properties.

The operator shall obtain a license from the Township prior to initiating operations, which shall be renewable annually upon payment of the required license fee established from time to time by resolution of the Board of Commissioners and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.

In the R-1 and R-2 Districts, kennels shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site area of five acres.

In the C-1 District, all kennels shall be located within a completely enclosed building. Outdoor runs and outdoor kennels shall not be permitted.

Outdoor kennels, where permitted, shall be located at least 300 feet from any occupied dwelling and at least 200 feet from any property line adjoining property in an R-1, R-2, R-3 or R-4 District and at least 50 feet from any other property line.

Outdoor runs and similar facilities, where permitted, shall be constructed for easy cleaning, shall be adequately secured by a fence at least eight feet in height secured with self-latching gate and shall be screened by Bufferyard C, as defined by § 240-98A of this chapter.

The minimum site area shall be 50 acres.

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

All landfill operations shall be located at least 1,200 feet from any occupied dwelling.

The driveway or haul road entering the site from a public street shall be paved for a distance of 600 feet from the public street.

A tire washing station shall be located on the site to service trucks exiting the facility.

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

Landfill operations shall not be conducted within 300 feet of any property lines adjoining residential use or R Residential Zoning District classification.

All property lines adjoining any existing residential use or any R Residential Zoning District classification shall be screened by Buffer Area A, as defined by § 240-98A of this chapter. The buffer area shall be comprised of a combination of earthen mounding and the required plantings.

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

The applicant shall show compliance with applicable state and federal laws regulating landfills.

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

The required state and federal permits shall be maintained throughout the duration of all operations. The applicant shall notify the Zoning Officer of any suspension or revocation of the required state or federal permits.

Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and will result in the suspension or revocation of the certificate of occupancy or enforcement of the penalty provisions of this chapter or both.

In January of each year, the operator shall apply to the Zoning Officer for renewal of the certificate of occupancy in accordance with § 240-145A and shall present evidence of continuing compliance with all conditions of approval and required state or federal permits.

The lot shall have frontage on and direct vehicular access to Station or Main Streets or to any arterial or collector street, as defined herein.

In the R-4 District, the structure shall have a minimum gross floor area, excluding area in the basement or attic, of 3,500 square feet or more.

In the R-4 District, the uses shall be limited to one or more of the following:

In the R-4 District, the minimum lot area shall be 10,000 square feet; the minimum lot width shall be 100 feet.

All other area and bulk regulations applicable to "other uses" in the R-4 District shall apply.

Uses along the Panhandle Trail shall provide bicycle parking in addition to the required parking for motorized vehicles.

In the C-1 District, the maximum floor area per business establishment shall be 5,000 square feet.

Research and development and high technology industries shall be limited to those activities that do not involve any products or processes that use or produce any hazardous material as classified by the U.S. Environmental Protection Agency (US EPA) or Pennsylvania Department of Environmental Protection (PA DEP).

Landscaping contractors and florists with greenhouses shall maintain a twenty-foot setback for all outdoor growing areas and storage areas from the side or rear property line. The greenhouse shall comply with yard requirements for principal structures.

There shall be no outside storage of materials or equipment associated with any business, except that a landscaping contractor or florist with greenhouse may store a limited supply of products that aid in the growth and care of flowers, plants and trees, provided the storage area is screened by a six-foot evergreen hedge or fence along any property line that adjoins any R Residential Zoning District.

All uses in the C-1 District that are subject to these criteria shall be located at least 500 feet from any school or single-family dwelling.

All uses in the C-1 District that are subject to these criteria shall not employ more than 30 persons on the peak shift.

Car washes shall be designed to accommodate surface water runoff and to minimize any noise impacts from washing and drying equipment.

Incidental mineral removal, as defined herein, shall be excluded from these regulations and the requirement to obtain approval of a conditional use application, provided evidence is presented to the Township that all applicable requirements of the Pennsylvania Department of Environmental Protection (PA DEP) are met.

There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

Mineral removal shall be prohibited in watersheds or rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a "wilderness trout stream," by the Pennsylvania Department of Environmental Protection as part of the Scenic Rivers System or designated under the federal Wild and Scenic Rivers Act.

No mineral removal shall be conducted within 300 feet of the property line of any public building, school, church, community or institutional building, commercial building, public park or private recreational area, unless approved by the Pennsylvania Department of Environmental Protection (PA DEP).

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

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

No mineral removal shall be conducted within 100 feet of the property line of a cemetery, unless approved by the Pennsylvania Department of Environmental Protection (PA DEP).

No mineral removal shall be conducted within 300 feet of the property line of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for zoning approval.

The applicant shall submit to the Township a copy of all materials provided to the Pennsylvania Department of Environmental Protection (PA DEP) with the permit application.

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

The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations to guarantee restoration of Township streets which may be damaged during the mineral removal operations.

If blasting is to be undertaken, notice shall be given to the Township at least 24 hours' in advance. Blasting shall not occur between the hours of 7:00 p.m. and 7:00 a.m.

If blasting is to be undertaken, a seismograph shall be placed on the site during all times when blasting is performed. The seismograph shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township.

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

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

Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within six months of the date of approval of the conditional use application by the Board of Commissioners, unless the applicant submits a written request for an extension prior to the expiration of the six months after the date of approval.

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

During the mineral removal operation, the Township Engineer may inspect the site at the request of the Board of Commissioners to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.

The minimum site area required shall be four acres.

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

Vehicular access to the site shall be limited to one two-way or two one-way driveways connecting to the nearest public street.

All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.

Within the site, all driveways shall be a minimum of 25 feet wide. Traffic circulation shall be subject to review and approval by the Board of Commissioners upon the recommendation of its Traffic Engineer.

Parking shall be provided in accordance with the requirements of § 240-112C and shall be located near the office.

Buffer Area A shall be provided in accordance with the requirements of § 240-98A of this chapter along all property lines which adjoin residential use or R Residential Zoning District classification.

The perimeter of the site shall be fenced with a minimum eight-foot-high chain link fence with self-latching gate. Where outside storage is authorized, the fence around the outside storage area shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

No rooftop HVAC units shall be permitted.

The maximum size of any storage unit shall be 15 feet wide, 40 feet deep and one story but no more than 20 feet in height.

The maximum lot coverage by all buildings shall not exceed 50%, unless the developer provides additional landscaping and planting as may be approved by the Board of Commissioners.

Office space may be provided which shall not exceed 5% of the total floor area devoted to storage.

No storage shall take place outside of a completely enclosed building.

Storage units shall not be equipped with water or sanitary sewer service.

No business activity other than rental of storage units shall be conducted on the premises, except for services and/or items ancillary to the provision of storage services.

Operations shall be regulated so that nuisances such as visual blight, trash, glare, noise, blowing debris and dust shall not be created or maintained.

Exterior finishes of the storage units shall be compatible with the material comprising the exterior finish of buildings on adjoining properties.

No sign shall be placed on the buildings except for informational and directional signs and one business identification sign on the office building portion of the facility. No signs shall be placed on rooftops.

No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the Township Building or Fire Prevention Codes.[3] Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings that are not in compliance with the Township Building or Fire Prevention Codes. Written notice shall be given to all prospective tenants of this restriction on materials and substances permitted to be stored.

A minimum of one fire hydrant shall be provided on the site, subject to approval by the Township Zoning Officer after consultation with the Fire Chief of the responding fire company.

The application shall comply with all applicable requirements of the Township Subdivision and Land Development Ordinance[4] governing mobile home parks.

The minimum site required for a mobile home park shall be five acres.

The site shall be served by public sewers.

The minimum mobile home lot shall be 6,000 square feet.

The minimum yard requirements for each mobile home lot shall be 25 feet for front yards, 20 feet for rear yards and 10 feet for side yards. Such yards shall be measured from the perimeter of the mobile home slab. Carports or parking pads may be located in the required side yard.

Every mobile home slab shall have access to a public or private street in accordance with the requirements of the Township Subdivision and Land Development Ordinance.

Each mobile home lot shall provide two off-street parking spaces.

The minimum lot area required shall be five acres.

The property shall have frontage on and direct vehicular access to an arterial or collector street.

The minimum dimensions of the area devoted to the display of each vehicle shall be 16 feet wide by 24 feet deep.

The area used for display of merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of equivalent or superior character as approved by the Township Engineer.

The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 240-141 of this chapter.

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

No vehicle offered for sale shall be parked on adjacent property or in any public street right-of-way.

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

No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot or on any merchandise displayed outdoors.

No strings of lights or flags, flashers or other display paraphernalia shall be permitted on the lot, on any of the structures or poles or on merchandise displayed outdoors, except for such signs as may be otherwise allowed by Article XVIII of this chapter.

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

Buffer Area A as defined by § 240-98A of this chapter shall be provided along all property lines adjoining residential use or R Residential Zoning District classification.

The minimum lot area required shall be two acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

The maximum number of beds authorized shall be based on the ratio of 10 beds per acre of site area or portion thereof.

The property shall be served by public water and public sewers.

All nursing homes shall be licensed by the commonwealth and the license shall be maintained throughout the occupancy. Failure to maintain the license shall be grounds for revocation of the certificate of occupancy.

Water pressure and volume shall be adequate for fire protection.

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

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

Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

All property lines adjoining residential use or R Residential Zoning District classification shall be screened by Buffer Area B, as defined by § 240-98A of this chapter.

Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

All public parking lots or public parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this chapter.

All public parking lots or public parking garages shall be designed to minimize traffic congestion on the site or within the public parking garage and for traffic entering or leaving the site or public parking lot or public parking garage.

The design of any public parking garage proposed to be located on property which adjoins an R Residential Zoning District shall take into account the height, visual, light and air impacts on adjoining residences and shall utilize architectural materials for the exterior walls facing those residential areas which are compatible with the residential character of adjoining properties.

The maximum height of any public parking garage shall be two stories but no more than 30 feet above the ground. The maximum number of stories permitted below grade shall be three stories but no more than 45 feet.

Any public parking garage, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.

Any off-site public parking lot which is reserved, in part, for the customers or employees of a specific use shall be located within 500 feet of the specific use which it is intended to serve.

The application for conditional use approval shall include an illustrative site plan for the entire development site indicating the location of one or more of the following components:

The illustrative site plan shall also indicate the availability of utilities and layout of streets and proposed lots within each component; however, the illustrative site plan shall not be required to meet the standards prescribed by the Subdivision and Land Development Ordinance for an application for preliminary approval, provided there is a sufficient basis to evaluate the feasibility of the proposed development, the interrelationship among the components and the potential traffic and environmental impacts of the proposed development.

Once conditional use approval is granted to the planned economic development, an application for preliminary and final approval of a major subdivision shall be submitted in accordance with the Township Subdivision and Land Development Ordinance to record the lots shown in the illustrative site plan in one or more phases.

Once conditional use approval is granted to the layout of streets, lots and planned development components in the planned economic development, the permitted principal and accessory uses authorized within the approved planned development components may be established on the recorded lots within the approved planned economic development subject only to land development plan approval as required by the Township Subdivision and Land Development Ordinance.

Any substantive change in the layout of streets, lots or planned development components within an approved planned economic development shall be subject to submission of a revised conditional use application and conditional use approval of the revised planned economic development.

After conditional use approval of the illustrative site that includes an open space design option component, the open space design option shall be subject to the development standards and approval procedure specified in Article XIV.

The application for conditional use approval shall include a traffic impact study prepared in accordance with the requirements of Township Ordinance No. 4 of 2001, as now or hereafter amended.

The Board of Commissioners shall determine whether the design of the proposed major street network shall provide safe and efficient flow of traffic through the site, prevent congestion, accommodate peak traffic demands without hazard or great delay and provide accessibility for emergency vehicles.

The illustrative site plan shall be accompanied by evidence that the site can be serviced by public water and sewer systems.

Where two or more planned development components are proposed in a planned economic development, the applicant shall demonstrate that adjacent uses are compatible and that appropriate landscaped and other buffers, including earthen mounding, differences in elevation, distances between dissimilar uses or intervening common open spaces, have been provided.

The applicant shall demonstrate that the proposed planned development components are compatible with adjacent land uses outside the planned economic development site.

Nonresidential uses within a planned economic development site shall maintain a perimeter setback of 200 feet from any adjacent R Residential Zoning District.

Buffer Area A as defined by § 240-98A shall be provided in the perimeter setback wherever buildings or parking areas adjoin residential use or R Residential Zoning District classification. The buffer area shall be installed for a distance along the property line that is equivalent to the length of the building or parking area it is intended to buffer plus an additional 100 lineal feet beyond the building or parking area in both directions.

A minimum of 35% of the gross site area shall be reserved and maintained as public or private open space.

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

The minimum site area required shall be five acres.

Once the improvements are completed in an approved planned research or technology park or planned industrial park, lots within an approved and recorded planned research or technology park or planned industrial park may be sold and developed as independent entities for any authorized use in the zoning district.

Only the uses permitted by right or authorized as conditional uses or uses by special exception in the zoning district in which the planned research or technology park or planned industrial park is located shall be permitted in the planned research or technology park or planned industrial park.

The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements dedicated for common access, where necessary.

The site shall be planned as a unit and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

The entire perimeter of a planned research or technology park or planned industrial park site shall be screened by the Buffer Area A as defined by § 240-98A of this chapter.

A minimum of 25% of the gross site area shall be reserved and maintained as public or private open space.

The minimum site required shall be five acres.

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

Once the improvements are completed in an approved planned shopping center, lots within the approved and recorded planned shopping center may be sold and developed as independent entities for any authorized use in the district.

Only uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the planned shopping center is located shall be permitted in the planned shopping center.

Buffer Area A, as defined by § 240-98A of this chapter shall be provided along all property lines which adjoin any R Residential Zoning District.

Sidewalks shall be installed in front of all stores.

The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements shall be dedicated for common access, where necessary.

The site shall be planned as a unit and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

Site lighting, if proposed, shall be designed with cutoff luminaires with a maximum cutoff angle of 60°. (See illustration in Appendix B[5].) The maximum illumination at any property line adjoining property in any R Residential Zoning District shall be 0.2 footcandle.

A minimum of 20% of the gross site area shall be reserved and maintained as public or private open space.

In the R-1 District, the minimum site required shall be 10 acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street.

The minimum required setback from any property line adjoining residential use or R Residential Zoning District classification shall be 75 feet.

Buffer Area B, as defined by § 240-98A of this chapter shall be provided along all property lines that adjoin any R Residential Zoning District.

Any establishment which includes a restaurant shall further be subject to the off-street parking requirements of Article XVII for the portion of the building devoted to restaurant use.

Any rental of the facility to non-members shall require on-site management and/or security personnel during the event.

Activities on the site and within the building shall comply with the noise standards specified in § 240-96 of this chapter.

Any private club that includes a shooting range shall comply with § 240-95A(47) of this chapter.

All off-street parking which adjoins an R Residential Zoning District classification shall be screened by a Buffer Area C as defined by § 240-98A of this chapter.

A minimum lot area of five acres shall be required; however the minimum lot area required may be reduced to not less than 15,000 square feet for public recreation facilities which are located in established neighborhoods within walking distance of the residents they are intended to serve.

In R Residential Districts, all recreational facilities and parking areas shall be located at least 50 feet from any property line.

Buffer Area C, as defined by § 240-98A of this chapter shall be provided where parking for the use or other intensively used facilities such as ball fields, tennis courts, shelters and the like are proposed adjacent to any property line adjoining residential use or R Residential Zoning District classification. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential use or R Residential Zoning District classification.

The use shall comply with the performance standards of § 240-97 of this chapter.

In R Residential Zoning Districts, lighting shall not be permitted. In all other districts, all lighting shall be shielded away from adjoining streets and properties.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations at 9:00 p.m.

The minimum lot area required shall be 20,000 square feet.

Maintenance vehicles shall be stored within a completely enclosed building.

Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum eight-foot fence with locking gate and is screened by one-hundred-percent opaque screening material placed in the fencing or by a six-foot dense, compact evergreen hedge, or as determined by the Board of Commissioners as adequate to ensure the protection of adjacent residential properties considering topography and sight lines.

Any area of the building which is used for business offices shall comply with the parking requirements of Article XVII of this chapter for that use. Any area of the building which is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.

The proposed use shall comply with the performance standards of § 240-97 of this chapter.

The minimum site required for a retirement community shall be 20 acres.

The site proposed for a retirement community, as defined herein, shall have frontage on and direct vehicular access to a street classified by this chapter as an arterial or collector street. Access to local Township streets shall not be permitted, except that a secondary controlled "emergency only" access may be provided from a local Township street, if approved by the Township.

A retirement community may include one or more of the following dwelling types:

In addition to the foregoing dwelling types, a retirement community shall include the following supporting uses:

In addition, a retirement community shall include one or more of the following supporting uses, subject to approval by the Township:

The maximum dwelling unit density permitted in a retirement community shall be 12 dwelling units per acre.

No principal structure shall be less than 50 feet from any property line adjoining property in any R Residential Zoning District. Along all other property lines, no principal structure shall be less than 20 feet from any property line of the development site.

Buffer Area B, as defined by § 240-98A of this chapter shall be provided along all property lines adjoining property in any R Residential Zoning District.

There shall be a minimum of one parking space for each dwelling unit plus one parking space for each employee on peak shift. In the event that a nursing home or personal care boarding home is proposed, parking shall be provided in accordance with the requirements of § 240-112 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

Sidewalks shall be provided to connect buildings, common outdoor areas and parking areas.

The site design shall include outdoor common areas, gathering places and passive or active recreation facilities appropriate to the needs of the residents. Common outdoor areas shall be attractively landscaped.

Supporting commercial uses shall be limited to one or more of the following uses:

Supporting commercial uses may be located on the ground or first floor of any principal building or in a freestanding principal or accessory building.

Off-street parking for the restaurant shall be provided in accordance with the requirements of Article XVII of this chapter for the use.

Off-street parking for the supporting commercial uses shall be provided at the ratio of one parking space for each 500 square feet of gross floor area.

A transient merchant license, if required by Township ordinance, shall be obtained.

The proposed temporary use or structure shall be limited to those uses or structures otherwise authorized in the zoning district.

In the C-1 and C-2 Districts, preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:

Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the temporary use permit for the temporary use or structure, provided all conditions of the original approval are maintained.

All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 240-112 for the proposed use.

Vehicular access for all temporary uses or structures which are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.

All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located. All temporary uses or structures which are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.

Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event.

Temporary uses or structures which are proposed as principal uses or structures and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.

All applications for temporary uses shall demonstrate compliance with the performance standards specified in § 240-97 of this chapter.

The minimum site required shall be one acre.

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

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle or equipment shall be parked on adjacent property or in any public street right-of-way.

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

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

The site shall not be located within 1,200 feet of any occupied dwelling measured in a straight line along a public street from any site boundary to the nearest wall of any dwelling.

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

Site lighting shall be designed with cutoff luminaires that have a maximum cutoff angle of 60°. (See illustration in Appendix B.[6]) The maximum illumination at any property line shall be 0.2 footcandle.

All property lines adjoining residential use or R Residential Zoning District classification shall be screened by Buffer Area A as defined by § 240-98A of this chapter.

Off-street parking and loading shall be provided in accordance with the requirements of Article XVII of this chapter.

All materials and equipment shall be stored within a completely enclosed structure.

No repair of vehicles shall be permitted.

No shipping or receiving shall be permitted within 300 feet of a property in an R Residential Zoning District between the hours of 6:00 p.m. and 7:00 a.m.

All operations shall comply with the performance standards of § 240-97 of this chapter.

The following regulations shall apply to any existing dwelling located within the Washington Pike Overlay District and to any new nonresidential building constructed on a vacant lot existing in the Washington Pike Overlay District on the date of adoption of these regulations or on a vacant lot created by the removal of an existing dwelling certified by the Township as condemned or eligible to be condemned. All new construction shall be designed to have a residential appearance.

The proposed use shall not generate in excess of 30 a.m. or 30 p.m. peak hour trips based on the ratios specified in the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

All applicable minimum area and bulk regulations of Article XIII, Washington Pike Overlay District, shall be met.

No conversion of accessory structures to a principal use shall be permitted.

The residential character of the structure shall be maintained. Exterior alterations of the dwelling shall be permitted to comply with fire safety regulations, to modify entrances or to enclose porches. The total floor area devoted to office or customer use may be enlarged by an addition to the structure which shall not exceed an additional 1,500 square feet, provided that the parking requirements for the proposed use can be met on the lot and that the maximum impervious lot coverage does not exceed 35% of the total area of the lot.

Parking shall be provided based on the ratio of one parking space for each 200 square feet of floor area of building devoted to office or customer use.

All parking areas shall be designed in accordance with the requirements of § 240-111 of this chapter, including the paving of all driveways and parking areas.

All driveways designed for two-way traffic shall be a minimum of 22 feet in width. All driveways designed for one-way traffic shall be a minimum of 12 feet.

Parking shall not be permitted in the minimum required side yard.

Adequate area shall be provided on the lot for vehicles to turn around so that traffic will not be required to back onto the cartway of any public street.

All parking spaces shall be screened by a buffer area comprised entirely of evergreen planting which is at least five feet in depth as measured from the property line and which meets the standards of a buffer area, as defined in § 240-9 of this Zoning Ordinance, within three years from the date of installation. Screening of parking spaces located on the front yard shall not obstruct visibility for traffic entering or leaving the lot or traveling on Washington Pike.

All property lines adjoining residential use or R Residential Zoning District classification shall be screened by Buffer Area C as defined in § 240-98A.

In addition to the required buffer areas, at least 10% of the area of the front yard shall be landscaped in trees and shrubs in accordance with a landscaping plan approved by the Board of Commissioners.

Approval shall be subject to posting of surety in a form acceptable to the Township to guarantee the replacement of landscaping materials, if necessary, within one year of the date of installation.

There shall be no outside storage. Dumpsters or other outside trash pickup areas shall be completely enclosed by a six-foot-high screening fence and/or six-foot evergreen hedge.

The maximum surface area of a business identification sign shall be 18 square feet. The business identification sign shall be constructed of materials which are compatible with the architectural characteristics of the building on the site and on adjoining properties.

The business identification sign shall be permitted to be either attached to the wall of the building or a freestanding ground sign located at least 15 feet from any property line. The maximum height of a freestanding sign shall be six feet. Signs shall comply with all other general regulations of Article XVIII.

No exterior lighting shall be permitted other than residential style accent or security lighting.

Vehicular access shall be restricted to Washington Pike subject to PennDOT's approval. In no case, shall access be permitted from an intersecting street with single-family dwellings fronting on it.

In the event that two adjoining properties are either constructed for or converted to any authorized nonresidential use, either simultaneously or in sequence, the feasibility of sharing a common driveway with one point of access to Washington Pike shall be investigated by the applicant and, if feasible, shall be permitted subject to evidence of a two-party agreement and PennDOT approval.

For any newly constructed building that meets the requirements of Township Ordinance No. 4 of 2001, as now or hereafter amended, a traffic impact study shall be submitted with the application for conditional use approval. The proposed use and circulation system shall be subject to favorable review by the Township's traffic engineering consultant of the means of ingress/egress and sight distance.

In order to qualify for conditional use approval, the lot shall have frontage on a public street right-of-way with a width of 60 feet. The applicant may dedicate the pro rata share of the required right-of-way as a condition of approval.

Nightclubs shall cease operations between the hours of 2:00 a.m. and 5:00 a.m.

There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.

All operations shall be conducted within a completely enclosed building and doors and windows shall remain closed during hours when entertainment is presented.

The owner/operator of the nightclub shall provide private security, licensed under the laws of the commonwealth of Pennsylvania, if the maximum permitted occupancy of the nightclub exceeds 100 persons.

Any nightclub which proposes a maximum permitted occupancy of 200 or more persons shall be located at least 500 feet from any property line which adjoins an R Residential Zoning District classification.

Any nightclub which offers adult entertainment, as defined herein, shall be further subject to § 240-95A(1) of this chapter.

The minimum site required shall be 20 acres.

Discharging of firearms and archery shall not be permitted within 1,000 feet of any existing residence.

Outdoor discharging of firearms shall not be permitted between the hours of dusk and 8:00 a.m.

Any other outdoor activity within 300 feet of an existing residence shall cease operations at sunset.

The use shall comply with the performance standards of § 240-97 of this chapter.

Two parking spaces shall be provided for each shooting position or station.

All properties adjoining residential use or zoning classification shall be screened by Buffer Area B as required by § 240-98 of this chapter.

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

All sales shall be conducted on the premises of a farm, as defined and regulated by this chapter.

Products sold shall include products raised, grown or produced on the farm and may include related food products such as cider, jellies, pies, baked goods and similar items.

All permanent structures shall comply with the yard requirements for principal structures in the R-1 District.

Seasonal roadside stands shall be located no closer than 15 feet to any street right-of-way or property line, and shall be removed at the end of each growing season.

Buildings used for retail sales of agricultural products shall not exceed 1,000 square feet of gross floor area devoted to sales for every 10 acres of land farmed. No building used for the sale of agricultural products shall exceed 5,000 square feet of sales area.

Off-street parking for permanent structures shall be provided in accordance with the requirements of § 240-112 for retail businesses. Off-street parking for permanent structures shall be designed in accordance with the requirements of § 240-111.

Off-street parking for seasonal roadside stands shall be designed in accordance with § 240-111; however, the requirements for surfacing, marking, screening and landscaping shall not apply.

Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 240-112 for retail businesses; however, in no case shall less than 10 spaces be provided. The requirement to pave these parking spaces shall be waived, provided a dust-free, all-weather surface is installed.

Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right-of-way and do not park or stand on any street or berm.

One nonilluminated freestanding sign shall be permitted to announce the agricultural sales, provided the maximum surface area of the sign shall not exceed 24 square feet, the height of the sign shall not exceed eight feet and the sign shall be located no closer than 10 feet to any property line or street right-of-way.

Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit or under Township approval to install public improvements.

Temporary construction trailers shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line adjoining residential use.

Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use whatsoever.

No signs or other advertising materials for the project shall be attached to the temporary construction trailer; however, the name of the construction company may appear on the trailer.

Class 3 materials, as classified by the National Fire Protection Association (NFPA), shall not be stored in temporary construction trailers.

The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit or upon completion of the installation of the public improvements in a plan of subdivision. In the event that construction is phased, the temporary construction trailer shall be moved from the completed phase to the next phase when 90% of the required improvements in the completed phase have been installed as determined by the Township Engineer.

Model homes or sales offices shall be permitted only until 90% of the lots or dwelling units in the development are sold. In the case of a phased development, the use of a model home or sales office shall be permitted to continue only if the subsequent phase is initiated within six months of the completion of 90% of the lots or dwelling units in the prior phase.

Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the zoning district in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within 25 feet of any property line adjoining residential use. No signs or other advertising information shall be located on the outside of the trailer or sales office.

Model homes or sales offices located in a trailer shall not be utilized for any dwelling use whatsoever during the time they are approved as a temporary use or structure in accordance with the provisions of this section.

Model homes or sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.

A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer in accordance with the requirements of § 240-149 prior to the commencement of construction and shall be renewed every six months, if necessary, until the project is completed.

The application shall show the following information:

All airports and aircraft landing facilities shall be subject to the airport zoning regulations as now or hereafter adopted.

The minimum site required for such facilities shall be 20 acres.

All airports and aircraft landing fields shall show evidence of compliance with all Federal Aviation Administration (FAA) and Pennsylvania Department of Transportation (Penn DOT) Bureau of Aviation requirements.

Aircraft maintenance facilities shall show compliance with all applicable federal and Pennsylvania Department of Environmental Protection (PA DEP) regulations governing the storage and disposal of fuel, oil and hazardous materials.

The site of an airport, aircraft landing field or aircraft charter, rental or maintenance facility shall be completely enclosed by a security fence which is at least eight feet in height.

Approach and departure shall be designed to minimize noise impact on adjacent residential properties, subject to the requirements of the FAA.

The perimeter of the site shall be buffered by a combination of earthen mounds and landscaping to minimize the noise and visual impacts on any adjoining residential properties.

Lighting shall be shielded away from adjacent properties and streets.

The applicant shall submit proof of ownership of liability insurance in an amount not less than $5,000,000 for any one accident or occurrence.

The lot shall have frontage on and direct vehicular access to any arterial or collector street, as defined herein.

There shall be no outside storage of materials or equipment associated with any business.

All uses in the C-2 District that are subject to these criteria shall be located at least 250 feet from any school or single-family dwelling.

The minimum required setback from any property line adjoining residential use or R Residential Zoning District classification shall be 75 feet.

Buffer Area B, as defined by § 240-98A of this chapter shall be provided along all property lines that adjoin any R Residential Zoning District.

Shall be subject to the off-street parking requirements of Article XVII.

All off-street parking which adjoins an R Residential Zoning District classification shall be screened by a Buffer Area C as defined by § 240-98A of this chapter.

All drive-through facilities shall be subject to § 240-102 of this chapter.

Hotel within business park development. The additional supporting services for the hotel, such as restaurants, meeting rooms, exercise room and swimming pool, may not comprise more than 20% of the total gross floor space of the hotel. Maximum number of rooms permitted equals 150. The building cannot be located at the front of the park, nor can it abut an arterial or collector road. The off-street parking requirements shall be in accordance with § 240-112C.

Research and development and high technology industries shall be limited to those activities that do not involve any products or processes that use or produce any hazardous material as classified by the United States Environmental Protection Agency (U.S. EPA) or Pennsylvania Department of Environmental Protection (PA DEP).

Open space design residential development component may not exceed 25% of the overall acreage of the master plan. All design criteria for the open space component must comply with the R-3 Zoning District open space design requirements.

There shall be no outside storage of materials or equipment associated with any business.

Golf courses shall not be lighted for night play and shall not include miniature golf courses, putting greens, driving ranges, and similar activities operated as a business, but may include a building for a golf shop, locker room, and snack bar as an accessory use to a permitted golf course, provided that no such building is located closer than 100 feet to adjoining property lines. Practice greens and tees may accompany a standard nine-hole or eighteen-hole golf course. All maintenance storage areas and equipment storage areas shall be located at least 250 feet from any property line and 300 feet from any building.

Support service uses are only permitted in a B-1 when part of a business park master plan. Such uses are not permitted on individual lots outside of an approved business park master plan.

Support service uses are limited cumulatively to 10% of the overall square foot of floor space set for permitted uses within an approved business park master plan. At any time during construction of the approved business park plan, the support services cannot comprise more than 10% of the actual square footage build-out.

Support service uses may be located on the ground or first floor of any principal building or in a freestanding principal or accessory building.

Off-street parking for the supporting commercial uses shall be provided at the ratio of one parking space for each 500 square feet of gross floor area. Except for off-street parking for the restaurant, parking shall be provided in accordance with the requirements of Article XVII of this chapter for the use.

In any planned business park development, no more than one each of the following uses is permitted:

Drive-through facilities are permitted, except as noted. All drive-through facilities shall be limited to one bay.

Gas-pump and/or gas-fueling facilities shall not be permitted.

There shall be no outside storage of materials or equipment associated with any business.

All uses in the B-1 that are subject to these criteria shall be located at least 500 feet from any school or single-family dwelling.

A conditional use application shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface of the drill site or a demonstrable documentation of the applicant’s authority to occupy the surface for the purpose of mineral extraction. In addition, the application shall include the proposed pipeline route from the oil and gas drill site to the transmission line and how fluids will be brought to and from the site.

Conditional use approval is nontransferable without consent from the Board of Commissioners, and shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of issuance of the conditional use. The conditional use approval may be extended by the Board of Commissioners upon written request by the operator, after notice and hearing. The operator shall provide proof that the requested conditional use permit for such location has not changed.

The well site shall maintain a minimum distance from protected structures, as set forth in the table below. The Township reserves the right to increase any setback based on physical characteristics of the site and evidence received at a hearing necessitating an increase in the minimum setback, including but not limited to topography, wind conditions, air modeling studies, woodlands, hydrogeological studies, and distance from structures, parks, schools, and residential neighborhoods as part of the conditional use process.

Oil and gas development well sites shall be permitted to occur on property whose overall acreage is a minimum of 10 acres or larger. Multiple property owners can combine adjoining parcels to achieve the minimum acreage required.

As part of the conditional use application, the applicant shall have submitted all necessary applications for permits and plan approvals to the PADEP. Prior to beginning the drilling site construction, the applicant shall submit to the Township a copy of all permits [general permits, well permit(s), joint permits, earth disturbance permit, ESCGP-1, etc.] issued by the PADEP. In addition, the Township shall be provided copies of all plans (erosion and sedimentation control, grading, water management plan, water withdrawal plan, pollution prevention contingency, alternate waste disposal, etc.) required and approved by the PADEP. The Township Engineer shall be provided with a timeline and activity schedule, and all required permits shall be maintained, commencing at site construction and continuing throughout the duration of drilling and production testing (hydraulic fracturing) operations. Any suspension or revocation of permits or other penalties by the PADEP shall be reported to the Township and shall constitute a violation of Township zoning approval and may result in the suspension of zoning approval.

Pre-drilling, post-hydraulic fracturing, and baseline water survey requirements. Prior to drilling and post-hydraulic fracturing, the operator shall be responsible for testing all existing water supplies (surface and groundwater) within 1,000 feet of the surface location of the well. The purpose of testing is to determine the baseline quality and quantity of surface water and groundwater in the immediate vicinity of the proposed well site and to evaluate resultant changes that may occur or have an impact on the water supply of the site and surrounding area. If a landowner refuses to allow the operator access to conduct a survey, the operator shall show evidence of such refusal in accordance with Pa. Code Title 25, Chapter 78, § 78.52(f). In addition, prior to drilling, the operator will be required to drill a test well outside of the limits of the well pad, but no more than 750 feet from the well location, to a depth that intersects all known or viable aquifers for the purposes of obtaining a baseline assessment of water quality in the vicinity of the site. The test well shall be located such that it is part of the hydrologic system of the drill site. All testing shall adhere to the following:

Pre-drilling and post-hydraulic fracturing soil survey requirements. Prior to drilling and post-hydraulic fracturing, the operator shall be responsible for testing soil conditions within the area of the drill site but no greater than 500 feet from the surface location of the well. The purpose of testing is to determine the baseline soil conditions in the immediate vicinity of the proposed well site and evaluate resultant changes that may occur or have an impact on the soils of the site and surrounding area.

Access directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the highway occupancy permit.

The applicant must provide the Township with a plan showing the proposed truck routes to be utilized during the drilling operation. The proposed hauling routes must be designed to minimize the impact on Township roads. The Township reserves the right to designate reasonable required truck hauling routes consistent with the Pennsylvania Motor Vehicle Code and Pennsylvania Department of Transportation throughout the Township. The Township shall consider all potential routes and, when possible, designate routes that are the least intrusive to the Township, its operation, and the general public. When determining the least intrusive routes, the Township shall account for roadway jurisdiction, traffic, physical characteristics/conditions, location of school bus stops/routes, and the amount of residential units along potential routes. Routes shall be coordinated with the school district to minimize impact on peak school bus operation hours. Operators shall be responsible for clearly posting designated routes with identification signs in a manner (style and location) approved by the Township.

The applicant or owner of the oil or gas well shall execute an excess maintenance agreement with the Township for a Type 2 permit as per the Pennsylvania Code Chapter 189.4(B), Road Bonding, and post a bond at the paved highway rate in favor of the Township in a form acceptable to the Township prior to beginning any work on a drill site. The bond is to guarantee restoration of Township roads and bridges damaged as a result of hauling associated with the drilling operation.

Standing area.

As part of the conditional use application, the applicant/owner shall provide the South Fayette Township Fire Department with a copy of the PADEP approved preparedness, prevention and contingency (PPC) plan. The applicant shall, prior to drilling its first gas well in the Township, make available with at least 30 days' notice, at the applicant's sole expense, one appropriate group training program for emergency responders. Such training shall be made available at least annually during any year that drilling activities take place at approved drill sites.

As part of the conditional use application, the Township and emergency management services shall be provided the name of the person supervising the drilling operation and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the oil and gas drilling operations must be provided. The list shall include verification that all supervisors/operators and subcontractors at the drill site are aware and understand this subsection.

The access driveway off the public road to the drill site shall be gated at the entrance to prevent illegal access into the drill site. The drill site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency. In lieu of a gate, the operator can provide 24/7 security on sites during the drilling operation.

Lighting. No drill site lighting used for or associated with the drilling operation shall be positioned or directed in such a manner so that it shines directly upon public roads, adjacent property or property in the general vicinity of the drill site. Site lighting shall be directed downward and shielded so as to avoid glare on public roads and adjacent properties. Lumen levels shall not exceed zero footcandle at the property line.

Dust, vibration, odors. All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site to avoid injury to or annoyance of persons living in the vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe.

Noise. The Township may require acoustical blankets, sound walls, mufflers or other alternative methods as proposed by the operator to ensure compliance depending on the location of a proposed drill site to adjacent properties. As part of the conditional use application, and prior to beginning the drill operation, the applicant shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The applicant, owner/operator shall be responsible for all costs associated with the noise consultant/engineer.

At the time of conditional use application, a survey of the drill site showing the general area where associated gas production equipment (tanks or other surface installations) will be located and locations and distances to property lines shall be filed with the application. All sensitive natural features, including but not limited to waterways, wetlands, steep slopes, and floodplains, including those 100 feet outside the limits of disturbance, as defined on the approved PADEP erosion and sedimentation plan, must also be shown.

Prior to drilling an oil and gas well or multiple oil and gas wells at a location, but no later than two weeks beforehand, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well(s):

Any on-site associated gas production equipment (well head, separator, condensate tanks, and pipeline) shall be painted an earth tone color to blend in with the surrounding area. An earth tone color shall be neutral colors and include sand, gray, green and unobtrusive shades of brown, or other neutral colors, as approved by the Township Engineer/Zoning Officer.

The Township may, at its sole discretion, require permanent fencing [Refer to § 240-95A(56)(d) for specifications.] and/or landscaping to buffer the post-drilling facilities or gas production equipment from adjacent properties.

Any damage to public property caused by such operations must be repaired and restored within 60 days of completing the drilling operation or as agreed to by the Township. The repairs shall meet or exceed prior conditions. If repairs are not completed within such time, the applicant shall provide the Township with such financial security necessary to ensure that the work be completed in an amount of not more than 110% of the total cost of the work.

After any spill, leak or malfunction, the operator shall remove or cause to be removed to the satisfaction of the Township, the South Fayette Township Fire Chief and the PADEP inspectors all waste materials from any public or private property affected by such spill, leak or malfunction. Cleanup operations must begin immediately upon knowledge that a spill, leak or malfunction occurs and the Township alerted to any spills, leaks or malfunctions.

The public street entrance at the property on which a drill site is located shall at all times be kept free of mud, debris, trash or other waste materials.

The facility and/or its operation shall comply with all applicable permits and requirements of the PADEP, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the drill site operations will not violate the citizens of South Fayette Township's right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety or welfare of the citizens of South Fayette Township or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the Township residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.

The applicant or drill site operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossings and/or adjacent to roadways during periods of anticipated heavy or frequent truck traffic to and from the drill site. Flagmen shall be present and used to ensure the safety of motorists and pedestrians and take measures that may include adequate signs and/or other warning measures for truck and vehicular traffic.

All drill site construction (grading, installation of erosion and sedimentation controls, roadway construction, etc.) shall be done between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Any burning of trees or brush shall be done in accordance with applicable regulations using an air curtain.

During the active operation at a drill site, Township staff or consultants designated by the Township Manager shall have access to the site to determine continuing compliance with the conditional use approval.

South Fayette Township reserves the right to impose any other additional conditions necessary to protect the public health, safety and welfare of its residents in order to address any unique characteristics of a particular drilling site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the Pennsylvania Municipalities Planning Code (MPC).

Indemnification and express negligence provisions. The applicant shall fully defend, protect, indemnify, and hold harmless South Fayette Township, its departments, officials, officers, agents, employees and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of South Fayette Township, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.

Compressor stations.

Processing plants.

Impoundments shall be allowed only on the parcel/property where drilling site is occurring as an accessory use.

No off-site impoundments, drill cuttings pits/reserve pits shall be permitted.

Impoundments shall not use surface aerators.

All drill site impoundments shall be secured with a temporary fence with a secured gate as follows:

An impoundment shall not contain any liquid substance generated from any oil well(s) located on another property. Trucking in of outside liquid substance for storage in an impoundment is prohibited.

Size limitation. Impoundments are permitted to house up to 1,000,000 gallons of liquid substance.

An impoundment must be completely enclosed within a structure with solid walls and a roof.

An applicant shall provide to the Township a preparedness prevention and contingency (PPC) plan as defined in the PADEP document, Guidelines for the Development and Implementation of Environmental Emergency Response Plans, or the most recent applicable guidance document.

An applicant shall provide to the Township a baseline hydrogeologic study to document background conditions, including but not limited to initial water quality testing, water level measurements, available secondary source information leading to an understanding of groundwater flow beneath the site and adjacent area.

No boarding units shall be permitted in any exterior location. Outdoor exposure for a pet shall be limited to less than one hour and no greater than three times per day.

Only one exterior exercise area shall be permitted and located to the rear of any facility away from any pedestrian walkways and primary parking fields. The exterior exercise area shall be limited to 50% of the gross indoor building space (The floor area within the inside perimeter of the exterior walls of the building) devoted to the pet services in combination with a kennel use.

Any exterior exercise area shall have the following fencing requirements:

Pets that are boarded at the facility for any time period shall be limited to domestic dogs and cats.

Pets shall not be walked at any time within the planned commercial development except for purposes of entering or leaving the facility.

All pet waste shall be separately bagged and disposed of as a solid waste by a professional waste management service.

All pet waste shall be continuously monitored daily in the exterior exercise area and waste shall be removed on a daily basis such that the exercise area shall be completely free of pet waste at the conclusion of operations each day.

Any exterior exercise area shall not be used before 7:00 a.m. or after 7:00 p.m. on any day.

The provisions set forth herein shall supersede the conditional use requirements for a kennel as set forth in § 240-95.

The property shall have access directly onto an arterial or collector street with sufficient capacity to handle traffic generated by the proposed use;

The location of entrances and exits shall be clearly marked with on-lot circulation delineated by on-premises directional signs or pavement markings;

Only minor repairs and service such as state inspections, lubrication, oil changes, tire changes and similar work shall be permitted at an automobile service station. Major repair work, including paint-spraying or body or fender work shall not be permitted;

No repair work, washing, waxing, lubrication, or other work shall be performed outdoors;

Pumps, underground storage tanks and other such devices shall be located a minimum of 25 feet from any public right-of-way or lot lines;

A canopy covering the pumps is permitted, provided it is no closer than 20 feet from any lot line or ultimate right-of-way, being the area beyond the legal right-of-way needed to accommodate future road widening as may be set forth in a plan approved by the Township. The maximum height of the canopy shall not exceed 20 feet;

All bulk storage of flammable liquids shall occur in well-vented underground tanks, subject to approval by the County Fire Marshal or other regulatory agency which shall inspect and approve tank installations and other safety requirements as a condition of occupancy;

Only below-grade fuel storage tanks and pump islands may be placed not closer than 30 feet to the ultimate right-of-way line, as defined above, or abutting property lines. Canopy structures are permitted within 20 feet of the right-of-way. Access drives shall be located to take advantage of maximum sight distances for motorists, and circulation into and through the premises shall be obvious to motorists. The use of the site and access to it will not downgrade adjacent properties or the public health, safety and general welfare. The design and arrangement of the station shall be compatible with adjacent or nearby residential development;

Service station building walls shall be of masonry construction;

Access shall be limited to two driveways and one additional driveway on a second street where the property abuts a second street. Each driveway shall not be more than 35 feet wide at the property line. No driveway shall be located within 75 feet of any street intersection, measured from the point of crossing of intersecting street right-of-way lines abutting the property and the edge of the driveway nearest the intersection;

The entire service area shall be paved with a permanent surface and edged with a curb where it abuts grassed areas. Paved surfaces shall be sloped to an acceptable storm drainage system. Areas of the property not paved shall be left natural or landscaped and maintained;

Not less than eight parking spaces outside the circulation area around the pump islands shall be provided for customer and employee parking;

No exterior playing of music shall be permitted;

A photometric map of proposed site lighting shall be provided. A maximum permitted light intensity of 5/10 footcandle shall extend no closer than 15 feet to a lot line. A lighting fixture shall be shielded and so arranged that the light does not represent a hazard to the operation of motor vehicles on or off site;

Additional dimensional standards for an automobile service station shall be as follows:

A medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.

A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana.

Permitted daily hours of operation of a medical marijuana dispensary shall be 8:00 a.m. to 8:00 p.m.

A medical marijuana dispensary shall not have a drive-through service.

A medical marijuana dispensary may only dispense medical marijuana to certified patients and medical marijuana caregivers and shall comply with all lawful, applicable state and local health regulations.

A medical marijuana dispensary shall comply with the separation requirements set forth in the Medical Marijuana Act.[8] The separation distance shall be measured using a pedestrian route continually accessible to the public, measured from lot line to lot line, regardless of municipality in which it is located.

Parking requirements will follow the parking schedule for retail uses applicable to the B-1 zoning district. However, the same may be modified if a traffic impact study is required and reflects the necessity for additional parking.

Vehicular ingress and egress to and from a medical marijuana dispensary site shall be designed to accommodate the anticipated vehicles used to service the facility. A traffic impact study may be required.

A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

The maximum floor area of a medical marijuana grower/processor shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.

Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health Policy and shall not be placed within any unsecure refuse containers.

The grower/processor shall provide only wholesale products to other permitted medical marijuana uses. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

Growers/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

Parking requirements will follow the parking schedule found in Article XX, Off- Street Parking Regulations, Section M.

Vehicle ingress and egress to and from a medical marijuana grower/processor shall be designed to accommodate the anticipated vehicles used to service the facility.

A medical marijuana grower/processor must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.

Any odor must be managed by ventilation and exhaust equipment with operable filtration so that any odors are effectively confined to the interior of the building. There shall be no emission of dust, fumes, vapors, odors, or waste into the environment that can be seen, smelled, or otherwise perceived beyond the facility.

A plan shall be provided demonstrating that all external and internal lighting, including light for nighttime growing, is shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

A minimum fifty-foot buffer planting is required where a grower/processor facility adjoins a residential, hotel or apartment hotel use or district.

The facility must not be within 3,000 feet of another medical marijuana grower/processor facility.

No pictures, photographs, drawings or other depictions of marijuana or marijuana paraphernalia shall appear on the outside of any medical marijuana grower/processor facility or any sign associated therewith.

A medical marijuana grower/processor shall comply with any other lawful and applicable requirements or restrictions imposed by state and/or local laws or regulations.

Extended stay room equipment and service requirements.

General property requirements and restrictions.