Southampton Township Cumberland County
City Zoning Code
City Zoning Code
ARTICLE X
Specific Criteria for Conditional Uses and Uses Permitted by Right
§ 350-1001 Application.
In addition to the supplemental regulations listed in Article XI, the following sets forth standards that shall be applied to each individual conditional use or use permitted by right. These standards must be satisfied prior to approval of any applications for a conditional use. The applicant for a conditional use shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone unless the standards of this article expressed for each conditional use or use permitted by right specify different standards. In such cases, the specific conditional use or use permitted-by-right standards of this article shall apply.
§ 350-1002 Accessory apartment.
Accessory apartments are permitted by right, and in the (A) Agricultural and (VC) Village Center, subject to the following criteria. Defined as "a secondary dwelling unit contained within a single-family detached dwelling or an accessory building thereto," an accessory apartment may be permitted subject to the following standards:
A.
Only one accessory apartment may be permitted. Such accessory apartment shall have an entrance which provides direct access.
B.
An accessory apartment may only be permitted and may only continue in use as long as the principal dwelling is occupied by the owner of said dwelling.
C.
The lot area for the principal dwelling shall meet the minimum lot area requirement for the applicable district where located.
D.
The exterior architectural character of the principal dwelling shall not be altered in a manner which departs from the primary feature of the building as a single-family detached dwelling unit.
E.
One additional off-street parking space shall be provided.
F.
The applicant shall submit a plan and supporting documentation to establish compliance with the standards herein.
G.
The applicant must show that the present and future sewerage needs of the property are and will be met. The Township may require an inspection of existing system(s) or may require review by the appropriate public sewer authority.
§ 350-1003 Accessory solar energy systems (ASESs).
ASESs are permitted as accessory use in all zoning districts, subject to the following criteria as well as the current FAA regulations. The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, as amended, 53 P.S. § 10101 et seq., enables a municipality, through its zoning ordinance, to regulate the use of property and to promote the conservation of energy through access to and use of renewable energy resources.
A.
Regulations applicable to all accessory solar energy systems:
(1)
ASESs shall be permitted as a use by right in all zoning districts.
(2)
Exemptions.
(a)
ASESs with an aggregate collection and/or focusing area of 10 square feet or less are exempt from this chapter.
(b)
ASESs constructed prior to February 26, 2013, shall not be required to meet the terms and conditions of this chapter. Any physical modification to an existing ASES, whether or not existing prior to February 26, 2013, that materially alters the ASES shall require approval under this chapter. Routine maintenance or like-kind replacements do not require a permit.
(3)
The layout, design, installation, and ongoing maintenance of ASESs shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as enforced by Southampton Township, and with all other applicable fire and life safety requirements. The manufacturer specifications for the system shall be submitted as part of the application.
(a)
Upon completion of installation, the ASES shall be maintained in good working order in accordance with standards of the Southampton Township codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement actions by Southampton Township in accordance with applicable ordinances.
(4)
An installer shall meet the criteria to be a DEP-approved installer by meeting or exceeding one of the following requirements:
(a)
Is certified by the North American Board of Certified Energy Practitioners (NABCEP).
(b)
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
(c)
For residential applications, a registered home improvement contractor with the Attorney General's office.
(5)
All on-site utility, transmission lines, and plumbing shall be placed underground to the extent feasible.
(6)
The owner of an ASES shall provide Southampton Township with written confirmation that the public utility company to which the ASES will be connected has been informed of the customer's intent to install a grid-connected system and approved of such connection. Off-grid systems shall be exempt from this requirement.
(7)
The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.
(8)
Glare.
(a)
All ASESs shall be placed such that concentrated solar radiation or glare does not project onto nearby properties or roadways.
(b)
The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(9)
Solar easements.
(a)
Where a subdivision or land development involves the use of solar energy systems, solar easements may be provided. Said easements shall be in writing, and shall be subject to the same conveyance and instrument recording requirements as other easements.
(b)
Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easement shall include but not be limited to:
[1]
A description of the dimensions of the easement, including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed;
[2]
Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement;
[3]
Enumerate terms and conditions, if any, under which the easement may be revised or terminated;
[4]
Explain the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.
(c)
If required, an ASES owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).
(10)
Prior to the issuance of a land use permit, applicants must acknowledge, in writing, that the issuing of said permit for a solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself:
(11)
Decommissioning.
(a)
Each ASES and all solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator, or upon termination of the useful life of the ASES.
(b)
The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.
(c)
The ASES owner shall, at the request of Southampton Township, provide information concerning the amount of energy generated by the ASES in the last 12 months.
(12)
Permit requirements.
(a)
Land use permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the ASES is constructed.
(b)
The land use permit shall be revoked if the ASES, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this chapter.
(c)
The ASES must be properly maintained and be kept free from all hazards, including but not limited to faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner and directing the owner of the ASES to conform or to remove the ASES.
B.
Regulations applicable to roof-mounted and wall-mounted accessory solar energy systems:
(1)
A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.
(2)
The total height of a building with an ASES shall not exceed by more than four feet above the maximum building height specified for principal or accessory buildings within the applicable zoning district.
(3)
Wall-mounted ASESs shall comply with the setbacks for principal and accessory structures in the underlying zoning districts.
(4)
Solar panels shall not extend beyond any portion of the roof edge.
C.
Regulations applicable to ground-mounted accessory solar energy systems:
(2)
Height. Ground-mounted ASESs shall not exceed 20 feet in height above the ground elevation surrounding the systems.
(3)
Coverage.
(a)
The surface area of the arrays of a ground-mounted ASES, regardless of the mounted angle of any solar panels, and the area beneath the ground-mounted ASES shall be included in the lot coverage calculation for the lot on which the system is located.
(b)
The total surface area of the arrays of ground-mounted ASESs on the property shall not exceed more than 20% of the lot area.
(c)
The applicant may be required to submit a stormwater management plan that demonstrates compliance with the municipal stormwater management regulations.
(4)
Screening.
(a)
Ground-mounted ASESs shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen consisting of at least 75% evergreen species. In lieu of a planting screen, a decorative fence meeting requirements of this chapter may be used.
(5)
Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.
(6)
Ground-mounted ASESs shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
§ 350-1004 Accessory wind energy facilities (AWEFs).
Accessory wind energy facilities are permitted by right in the Woodland Conservation and the Agricultural Zoning District, subject to the following criteria as well as the current FAA regulations. The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, as amended, 53 P.S. § 10101 et seq., enables a municipality, through its zoning ordinance, to regulate the use of property and to promote the conservation of energy through access to and use of renewable energy resources.
A.
Regulations applicable to all accessory wind energy facilities:
(1)
AWEFs shall be a permitted use in all zoning districts.
(2)
Exemptions.
(a)
Any physical modification to an existing AWEF, whether or not existing prior to February 26, 2013, that materially alters the size, type and number of wind turbines or other equipment shall require approval under this chapter and meet the requirements of the Uniform Construction Code. Routine maintenance or like-kind replacements do not require a permit.
(3)
The layout, design, installation and ongoing maintenance of AWEFs should conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society of Testing and Materials (ASTM), or other pertinent certifying organizations and comply with the PA Uniform Construction Code[1] and all applicable building and electrical codes enforced by Southampton Township, and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
(4)
Two ground-mounted AWEFs are permitted on a lot.
(5)
Noise.
(a)
The sound produced by the AWEF shall not exceed 50 dBA as measured at the property line at ground level.
(b)
Noise limits may be exceeded during short-term events such as utility outages and/or severe wind storms.
(c)
Methods for measuring and reporting acoustic emissions from PWEF shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association (AWEA) Standard 2.1 - 1989, titled, "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier," as amended.
(6)
When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall comply with the accessory building requirements of the underlying zoning district.
(7)
The owner of an AWEF shall provide Southampton Township with written confirmation that the public utility company to which the AWEF will be connected has been informed of the customer's intent to install a grid-connected system and approved of such connection. Off-grid AWEF shall be exempt from this requirement.
(8)
All on-site utility, transmission lines, and cables shall be placed underground.
(9)
The display of advertising is prohibited except for identification of the manufacturer of the system.
(10)
AWEFs shall not be lighted, except for any lighting required to comply with Federal Aviation Administration (FAA) or Pennsylvania Department of Transportation Bureau of Aviation (BoA) regulations.
(11)
AWEFs shall be painted a nonreflective, flat color such as white, off-white or gray, unless required to be colored differently from FAA or BoA regulations.
(12)
AWEFs shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.
(13)
An AWEF shall not cause shadow flicker on any occupied building on a nonparticipating landowner's property.
(14)
No part of any AWEF shall be located within or above the required setbacks of any lot, or extend over parking areas, access drives, driveways or sidewalks.
(15)
The potential ice throw or ice shedding for an AWEF shall not cross the property line of the lot on which the AWEF is located nor impinge on any right-of-way or overhead utility line.
(16)
The owner of the AWEF shall ensure that the design and operation avoids disruption or loss of radio, telephone, television, cell, internet or similar signals, and shall mitigate any harm caused thereby.
(17)
Decommissioning.
(a)
Each AWEF and related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by system owner and/or operator, or upon termination of the useful life of same.
(b)
The AWEF shall be presumed to be discontinued or abandoned if no electricity is generated by such AWEF for a period of 12 continuous months.
(c)
The AWEF owner shall, at the request of Southampton Township, provide information concerning the amount of energy generated by the AWEF in the last 12 months.
(18)
Permit requirements.
(a)
Land use permit applications for accessory wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer. Applications shall also include drawings that show the location of the AWEF on the property, property lines, rights-of-way, occupied buildings on adjoining properties, and aboveground utility lines located on the lot. Permits must be kept on the premises where the AWEF is constructed.
(b)
The land use permit shall be revoked if the AWEF, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the AWEF not to be in conformity with this chapter.
(c)
For standard soil conditions (not including gravel, sand, or muck), foundations developed by the wind turbine manufacturer shall be acceptable for AWEF installations of 20 kW or less and will not require project-specific soils studies. Applicants proposing projects involving substandard soil conditions or installations of AWEF greater than 20 kW may be required by the Zoning Officer to submit detailed soil studies.
(d)
The AWEF must be properly maintained and be kept free from all hazards, including but not limited to faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the AWEF to conform or to remove the AWEF.
B.
Requirements for ground-mounted AWEF.
(1)
Ground-mounted AWEF may be placed on lots containing a minimum of two acres assuming they meet the height and setback restrictions found in this section.
(2)
AWEFs shall be set back from property lines, occupied buildings, aboveground utility lines (including guy wires), railroads and/or road rights-of-way by a distance equal to the total height of the structure, plus 15 feet.
(3)
Ground-mounted AWEFs are prohibited in front yards between the principal building and the public street.
(4)
AWEFs shall not be artificially lighted unless required by the FAA.
(5)
Safety and security.
(a)
The owner shall post electrical hazard warning signs on or near the AWEF.
(b)
Ground-mounted AWEFs shall not be climbable up to 15 feet above the ground surface.
(c)
Access doors to any AWEF electrical equipment shall be locked to prevent entry by unauthorized persons.
(d)
The blade tip or vane shall have a minimum ground clearance of 15 feet as measured at the lowest point of the arc of the blades.
§ 350-1005 Adult-related facilities.
Permitted by conditional use in the Manufacturing Zoning District.
A.
Purpose. The purpose of this section is to provide for the establishment of adult-related facilities and adult business as defined herein and elsewhere in this chapter in such a manner as is appropriate and reasonable, and to establish reasonable regulations which take into consideration the potential for adverse impact from such adult-related facilities upon adjoining property owners, occupants and uses.
B.
Interpretation and application. This section shall be interpreted and applied in a manner consistent with the U.S. Constitution and shall not be applied to unduly restrict or infringe upon rights guaranteed thereby.
C.
Severability. The provisions of this section shall be severable and, in the event any one thereof shall be determined to be invalid or unenforceable, such determination shall not operate to repeal or invalidate the remaining provisions.
D.
The use and occupancy of any land, building or structure as an adult business shall be subject to the following:
(1)
An adult business shall be permitted only in a Commercial/Manufacturing District.
(4)
No materials, merchandise, or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.
(5)
Any building or structure used and occupied as an adult business shall be windowless or have an opaque covering over all windows and doors or any area in which materials, merchandise, live entertainment or film shall be visible from outside of the building or structure.
(6)
Outdoor signs shall clearly identify the business as an "adult" establishment but shall not refer to sex acts or sexual conduct, nor incorporate said terms or words or any form or derivation thereof. No sign shall be permitted or erected which graphically depicts nudity or any form of sexual activity.
(7)
No overt sexual activity, sexual conduct, sex acts or the solicitation or procurement thereof shall be permitted on the premises.
(8)
Live entertainment or dancing shall not include any sexual activity of any kind, including masturbation.
(9)
No outdoor live dancing, entertainment or live solicitation or advertising of any kind shall be permitted.
E.
Any permit granted hereunder shall be subject to revocation or suspension in the event the owner of the premises or any tenant, agent, employee or successor of said owner shall violate this chapter or any condition of approval for said permit.
§ 350-1006 Agritourism.
Agritourism permitted by right in within (A) Agricultural, (WC) Woodland Conservation, and by conditional use in Village Center, subject to the following criteria:
A.
No part of an agritourism enterprise shall be within 200 feet of any land within a residential zone, nor 100 feet of any existing residence (excluding a farm dwelling).
B.
An agritourism enterprise must comply with the coverage requirements in the zoning district in which it is located.
D.
The length of any on-site access drive(s) shall be sufficient to allow the stacking of delivery and/or customer vehicles. Furthermore, any use that potentially involves the movement of vehicles through mud and/or manure shall provide a paved apron of at least 50 feet from the street right-of-way. In addition, another fifty-foot gravel section shall be located just beyond the paved apron.
E.
The applicant must provide for sufficient off-street parking spaces and off-street loading spaces for all uses proposed according to the off-street parking and loading provisions of this chapter.
F.
If, at any time after the opening of the facility, the Township determines that parking, loading or traffic backups are occurring on adjoining roads, and such are directly related to the lack of on-site facilities on the subject property, the Township can require the applicant to revise and/or provide additional on-site parking and/or loading space to meet the off-street parking and loading provisions of this chapter within 30 days.
G.
The Township may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot.
H.
Parking areas may be required to be fenced or include other appropriate devices to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
J.
The applicant should become familiar with the applicable federal, state, and local laws and regulations regarding the preparation of food in order to be aware of those regulations.
K.
The hours of operation shall be developed at the discretion of the Board of Supervisors and protect neighbors from noise, disturbance or interruption.
L.
Agritourism enterprises shall be owned or operated by the landowner, landowner's immediate family member, operator of the farm, or persons residing on the farm.
§ 350-1007 Airports/heliports.
Airports/heliports are permitted in (A) Agricultural by conditional use, subject to the following criteria:
A.
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations;
B.
The applicant shall furnish evidence of the acquisition of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application;
C.
No part of the takeoff/landing strip and/or pad shall be located nearer than 300 feet to any property line; and
D.
The expansion or creation of an airport/heliport must be compatible with existing land use and current zoning requirements.
§ 350-1008 Bed-and-breakfast.
Bed-and-breakfast are permitted by right in the (VC) Village Center, (A) Agricultural and (WC) Woodland Conservation.
A.
No modifications to the external appearance of the building (except fire escapes) that would alter its residential character shall be permitted;
B.
All floors above grade shall have direct means of escape to ground level;
C.
One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit; such parking shall be screened from adjoining properties in residential use;
D.
All parking areas shall be set back a minimum of 25 feet from all property lines;
E.
A bed-and-breakfast may erect one sign no larger than 12 square feet in size. Such sign must be set back 20 feet from all lot lines;
F.
Meals shall be offered only to registered overnight guests;
G.
Minimum lot area: two acres; and
H.
The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used.
§ 350-1009 Business conversions and retail businesses.
A.
Within the (C) Commercial and (M) Manufacturing by right, and (VC) Village Center Zone by conditional use, subject to the following criteria:
(1)
In the Commercial and Manufacturing Districts, there is no criteria.
(2)
In the Village Center Zoning District, subject to the following criteria:
(a)
Conversion of an existing residential structure to a nonresidential use that meets the requirements of Subsection B below. The conversion can be a total conversion from residential use or a conversion of a portion of the premises, with the retention of one or more dwelling units. (As in the case of a first-floor retail or office use with apartment(s) on the second and higher floors.)
B.
Retail business, business services, personal services, repair services, drive-in service places and shopping centers not to exceed in gross area, subject to the following:
(1)
Each business shall be located only within the first floor of any building and be not more than 3,500 square feet.
(2)
No outside storage of materials shall be permitted.
(3)
The applicant shall demonstrate that sufficient off-street parking facilities will be provided to accommodate the needs generated by such use.
(4)
The applicant shall demonstrate that adequate lot area and setback provisions have been made in accordance with the purpose of this district.
(5)
Such businesses shall be of such a size and scope of activity that they do not constitute an unreasonable commercialization of the district which would adversely affect nearby residential uses.
(6)
If this retail business is a part of a permitted use, not to exceed 25% of the gross floor area.
§ 350-1010 Campgrounds.
Campgrounds are permitted by conditional use in the (A) Agricultural and (WC) Woodland Conservation, subject to the following criteria:
A.
Minimum lot area: 20 acres;
B.
Setbacks. All campsites shall be located at least 75 feet from any side or rear property line and at least 100 feet from any street line;
C.
Each campsite shall be at least 3,000 square feet in size and shall either provide parking space for one automobile which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area;
D.
An internal road system shall be provided and shall be paved. The pavement width of one-way access drives shall be at least 14 feet and the pavement width of two-way access drives shall be at least 24 feet; parallel parking shall not be permitted;
E.
All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residentially zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors;
F.
All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from adjoining residentially zoned properties;
G.
Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining residentially zoned parcels;
H.
All campgrounds containing more than 100 campsites shall have vehicular access to a collector street as identified in the Township Comprehensive Plan;
I.
A campground may construct one freestanding or attached sign containing no more than 32 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such signs shall be set back at least 10 feet from the street right-of-way line and at least 25 feet from adjoining lot lines;
J.
A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner;
K.
Every campground shall have an office in which shall be located the office of the person responsible for operation of the campground;
L.
All water facilities, sewage disposal systems, restrooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the Pennsylvania Department of Environmental Protection; and
M.
All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.
§ 350-1011 Cluster developments.
Cluster developments are permitted by conditional use in the (VC) Village Center, subject to the following:
A.
Cluster developments may consist in any combination of single-family detached dwellings, semidetached dwellings (duplex) and attached dwellings (townhouses).
B.
A cluster development shall be served with central water and sewerage facilities.
C.
A cluster development shall contain a minimum project area of five acres.
D.
Common open space shall be defined by a metes-and-bounds description with ownership and maintenance responsibility clearly established by recorded instrument satisfactory to the Board of Supervisors.
E.
The applicant shall satisfactorily demonstrate measures to screen and/or buffer adjacent residential uses in accordance with the applicable standards of § 350-1210.
§ 350-1012 Commercial uses.
A.
Commercial uses are permitted by right in the (C) Commercial Zone and by Conditional Use in the (M) Manufacturing Zoning District, subject to the following criteria.
B.
The applicant shall provide evidence that the commercial uses are necessary or desirable to the functioning and marketability of an industrial park, provided that the Board of Supervisors, upon recommendation of the Planning Committee, determines:
(1)
That the use(s) requested are appropriate with respect to the primary purpose of the industrial park, and that the major draw of customers for such use(s) will be generated by the industrial park.
(2)
That the use(s) requested are not of a character or so located as to negatively impact or be a detrimental influence on the surrounding area. Such commercial uses shall conform with the regulations of the Commercial District with respect to area, setback, height and coverage regulations.
§ 350-1013 Communication antennas, radio, microwave and television towers, equipment, transmitting and receiving facilities.
Within the (A) Agricultural, Village Center and (WC) Woodland Conservation Zones, communication antennas, towers, equipment, transmitting and receiving facilities are permitted by conditional use, subject to the following criteria and current FCC regulations.
A. ANTENNA ANTENNA SUPPORT STRUCTURE HEIGHT MONOPOLE OPERATOR OWNER TELECOMMUNICATIONS SITE TOWER
Definitions. The following words and phrases, when used in this section, shall have the meaning given to them in this section unless the content clearly indicates otherwise:
Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas (such as panels) and omnidirectional antennas (such as whips) but not including satellite earth stations.
Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy for telecommunications purposes.
The vertical distance measured from the base of the tower or antenna at the ground or the elevation of attachment to a structure or building, to its highest point. If the tower or the antenna is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the height.
An antenna support structure consisting of a single pole or spire constructed without guy wires or ground anchor.
The party responsible for the operation and maintenance of the telecommunications site.
The owner or lessee of the property on which the telecommunications site will be constructed.
A tract or parcel of land that contains a telecommunications antenna or tower, its support structure, accessory building(s), parking and may include other uses and equipment associated with and ancillary to telecommunications signal transmission or processing.
A structure that is intended to support equipment used to transmit and/or receive telecommunications or radio signals, including monopoles and lattice-type construction steel structures.
B.
General requirements for antennas.
(1)
Any applicant proposing communications antennas to be mounted on a building or other structure, including existing towers, shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(2)
Any applicant proposing communications antennas to be mounted on a building or other structure, excluding existing towers, shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted, so that installation and maintenance of the building or structure, the antenna(s), and communications equipment building can be accomplished.
(3)
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
(4)
Communications antennas shall not cause radio frequency interference with other communications facilities located in Southampton Township.
C.
General requirements for towers.
(1)
Communications towers shall comply with all applicable Federal Aviation Administration and Commonwealth Bureau of Aviation Regulations.
(2)
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(3)
A complete subdivision and/or land development plan shall be required for all proposed telecommunications sites. The plan must show the site boundaries and building setback areas as well as the tower/antenna, buildings, fencing, access roads with easements as may apply, required landscaping and all other requirements of Chapter, 295 Subdivision and Land Development.
(4)
Recording of a plat of subdivision or land development shall be required for any fee simple or lease parcel on which a communications tower is proposed to be constructed.
(5)
The Township may request a review of the application and affidavit by a qualified engineer for evaluation of need for and design of any new tower or upgrade to existing towers including new equipment. The cost for such review shall be borne by applicant.
(6)
The following sites shall be considered by applicants as the preferred order to location of communications antennas and assorted equipment. As determined feasible, and in order of preference, the sites are:
(7)
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Pennsylvania and Southampton Township Code.[1]
(8)
The applicant and/or owner shall accept full responsibility for any legal action that arises from damage to private and/or public property during the construction, use, and maintenance of the telecommunication site, and shall indemnify, defend and hold the Township harmless from said legal action.
(9)
No building permit shall be issued until the owner or operator provides the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence, and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
(10)
No building permit shall be issued until the owner of the communications tower, antenna or any associated facilities provides a deposit with the Township of financial security, in an amount sufficient to cover the cost to dismantle and remove the communications tower, antenna, or any associated facilities, including structures and buildings within six months of the date upon which the communications tower or facilities remain unused for a period of 12 consecutive months. The party providing the financial security shall be the owner or operator. Such financial security shall be posted with a bonding company or federal- or commonwealth-chartered lending institution chosen by the party posting the financial security and acceptable to the Township Supervisors, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth. If ownership of the facilities is transferred, the financial security must remain in place until the new owner provides financial security in an amount equal to or greater than the current security. The amount of financial security shall be based upon an estimate of the cost to dismantle and remove the structure(s), and be submitted by the applicant or owner or operator and prepared by a professional engineer licensed as such in the commonwealth and certified by such engineer to be a fair and reasonable estimate of such costs. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown.
(11)
On an annual basis, the owner or operator shall submit:
(a)
A copy of its current Federal Communications Commission license;
(b)
The name, address and emergency telephone number for the operator of the communications tower;
(c)
A certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence, and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas;
(d)
A notarized statement containing language approved by the Township Solicitor which shall indemnify and save harmless Southampton Township, Cumberland County, Pennsylvania, from any and all litigation which may arise from the construction, operation, maintenance and demolition of any tower, antenna, or other structure on the telecommunications site. This statement must be signed by the owner of the tower/antenna and the owner of the property upon which the telecommunications facility is located, if the property is owned by an entity other than the telecommunications entity.
(12)
Every 24 months after the tower/antenna is put into operation, the owner or operator shall have an on-site inspection conducted. The inspection and inspection report shall be conducted, prepared, signed and sealed by a professional engineer, registered in the Commonwealth of Pennsylvania, and who is competent in structural design and inspection of towers/antennas. The written report shall be submitted to the Township for review, and shall detail inspections of the tower and antenna, the tower/antenna foundation, any attachments to the tower/antenna, guy wires and anchors (if any), buildings on the site, the perimeter fencing and the general condition of the site with respect to safety. This inspection report should be accompanied by a check in an amount as set by resolution of the Board of Supervisors, made payable to "Southampton Township" to offset the Township's cost to review the inspection report.
(13)
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall continue to provide the Township with up-to-date information regarding the items listed in Subsection C(11) above and maintain the required general liability and property damage insurances, or dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
(14)
The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for reception and transmitting facilities. The scope of this analysis shall be determined by the Township. This requirement shall go through the variance process by the Zoning Hearing Board and may be given a variance, provided that the applicant demonstrates that the provisions of future shared usage of the facility is not feasible and an unnecessary burden, based upon:
(a)
The number of Federal Communications Commission (FCC) licenses foreseeable for the area.
(b)
The type of tower site and structure proposed.
(c)
The number of existing and potential licenses without tower spaces.
(d)
Available spaces on existing and approved towers.
(e)
Potential adverse visual impact by a tower designed for shared use.
(15)
The applicant shall undertake a visual impact assessment of any proposed new towers, any proposed modifications to existing towers, or any antenna placements. The assessment shall include:
(a)
A demonstration that the antenna or tower is the minimum height required to function satisfactorily.
(b)
A "zone of visibility map" provided to determine locations where the tower or antenna may be seen.
(c)
Pictorial representations of "before and after" views from key viewpoints within the Township limits.
(d)
Assessment of the visual impact of the tower base, accessory buildings, and overhead utility lines from abutting properties and streets.
(e)
Assessment of alternative tower or antenna designs and color schemes.
(16)
The applicant shall provide written notice of the proposed tower development to neighboring property owners within 500 feet of the property on which the tower is to be constructed.
D.
Tower site design requirements. The design and layout of a proposed tower site shall comply with the following:
(1)
Any applicable state or federal regulations.
(2)
Unless specifically required by state or federal regulations, all towers shall have a finish that shall minimize, to the greatest extent possible, the degree of visual impact.
(3)
Accessory buildings shall maximize the use of building materials, colors and textures in order to blend with the natural surroundings.
(4)
No portion of any tower or related structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners, streamers, etc.
(5)
All plans, specifications and reports for the design of new towers must be signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania having expertise in the design of telecommunications sites and facilities.
(6)
All guy wires and guy wire anchors associated with guyed communications towers shall be clearly marked so as to be visible at all times. The guy wires shall not encroach on the front, rear, or side yard setback areas and shall be located within a fenced enclosure.
(7)
No lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
(8)
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
(9)
The site of a communications tower shall be secured by a chain-link fence with a minimum height of eight feet to limit accessibility by the general public. The fencing shall not contain openings greater than nine square inches and shall include entrance gates which shall be locked, except during such times as the site is manned by authorized operations or maintenance personnel. No fencing shall be required for an antenna mounted on a preexisting structure. A twenty-four-inch-by-twenty-four-inch sign shall be attached to the gate at the entrance to the telecommunications site and shall include the following information:
(10)
When the fencing around a newly constructed telecommunications site is within 1,000 feet of a residential dwelling, an evergreen screen shall be planted along the fence line that faces the dwelling. The screening shall be planted in the area between the fence and the property/lease boundary of the telecommunications site. The evergreen screen shall be created by planting trees (a minimum of six feet tall at planting that will grow to a minimum of 15 feet tall at maturity) on ten-foot centers maximum. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(11)
Antenna support structures shall be set back from all property lines a distance equal to the height of the tower and any attached antenna.
(12)
At least two off-street parking spaces shall be provided.
(13)
All other uses ancillary to the antenna, tower, and associated equipment are prohibited (except accessory equipment buildings), unless otherwise permitted in the zoning district in which the site is located. This includes, but is not limited to, business offices, maintenance depots and vehicle storage.
E.
Amateur radio. This chapter shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio status operator.
F.
Each tower shall be set back from all property lines a minimum distance of the height of the tower.
§ 350-1014 Commercial breeding of animals.
Permitted by right, (A) Agricultural, and by conditional use in the (WC) Woodland Conservation Zoning District, subject to the following criteria:
B.
Fencing. All animals shall be within a fenced enclosure at all times when said animals are not leashed haltered or bridled and under control of the owner or authorized agent of the owner of the animals.
C.
Lot size. A minimum of one acre exclusive of buildings and impervious surfaces must be provided for the first one AU which is to be housed or pastured on the lot. One additional acre of land shall be provided for each additional animal unit.
D.
No animal shall have direct access to a jurisdictional wetland, impoundment, stream, spring or well on the lot which the commercial breeding of animals use is located. However, stabilized stream crossing areas designed and constructed as such shall be exempted from this requirement.
E.
The proposed use shall comply with all applicable state, federal and local regulations, including, but not limited to, nutrient management, building codes, erosion and sedimentation control and stormwater management.
§ 350-1015 Day care.
A.
No-impact day cares permitted by right in the (VC) Village Center.
B.
Commercial day cares are permitted in the (C) Commercial and (VC) Village Center Zoning Districts by conditional use, subject to the following criteria.
(1)
Commercial day-care center.
(a)
An outdoor play area shall be a minimum of 1,000 square feet. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses. There shall be a minimum of a four-foot-high fence screened from adjoining residentially used or zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s);
(b)
Passenger dropoff and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site;
(c)
All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.
C.
Day care (no-impact). In-home child care shall be permitted by right in all zoning districts, subject to the following criteria:
(1)
The child care shall be limited to less than six children not related by legal marriage, birth or adoption.
(2)
Passenger dropoff and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
(3)
All day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.
§ 350-1016 Development involving single properties situate in Southampton Township and an abutting municipality.
Whereupon the effective date of this chapter property in single ownership lies both in Southampton Township and an abutting municipality with the majority of the property situate in the abutting municipality, that portion of the property situate in Southampton Township may be developed in accordance with the applicable zoning requirements of the abutting municipality, provided the entire property is proposed to be developed as a uniform project in terms of identical land use, lot area, setbacks, off-street parking and other applicable standards of the abutting municipality. Such property shall be subject to conditional use proceedings and the following criteria:
A.
The abutting municipality has valid zoning regulations in effect which are applicable to the proposed project.
B.
All required zoning approvals from the abutting municipality have been granted for the proposed project.
C.
Applicant provides assurance in the form of recorded covenants, agreements or other instruments satisfactory to the Board of Supervisors that the proposed project shall be developed as approved.
§ 350-1017 ECHO housing.
Within the (A) Agricultural, (WC) Woodland Conservation, and (VC) Village Center Zoning District, ECHO housing is permitted by right, and in the (C) Commercial and (M) Manufacturing Zones, ECHO housing is permitted by conditional use, subject to the following criteria:
A.
The ECHO housing may not exceed 1,000 square feet of floor area;
B.
The total lot coverage for the principal dwelling, any existing accessory structures, the ECHO housing, and impervious surfaces together shall not exceed the maximum requirement for the zone in which the ECHO housing is located;
C.
The ECHO housing shall be occupied by either an elderly, handicapped or disabled person related to the occupants of the principal dwelling by blood, marriage or adoption;
D.
The ECHO housing shall be occupied by a maximum of two people;
E.
Utilities.
(1)
For public sewer and water supply and all other utilities, the ECHO housing shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable utility company standards; and
(2)
If on-site sewer or water systems are to be used, the applicant shall submit evidence to Southampton Township showing that the total number of occupants in both the principal dwelling and the ECHO housing will not exceed the maximum capacities for which the original septic systems were designed, unless those systems are to be expanded, in which case, the expansion approvals are to be submitted.
F.
A minimum of one off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the ECHO housing, in addition to that required for the principal dwelling;
G.
The ECHO housing shall not be permitted in the required front yard setback and shall adhere to all side and rear yard setback requirements for principal uses;
H.
The ECHO housing shall be removed from the property or reestablished as a use permitted in the district in compliance with Chapter 295, Subdivision and Land Development, to the extent necessary, within 12 months after it is no longer occupied by a person who qualifies for the use; and
I.
Upon the proper installation of the ECHO housing, the Zoning Officer shall issue a temporary use and occupancy permit. Such permit shall be reviewed every 12 months.
J.
Subject to compliance with the above criteria, ECHO housing shall be considered an accessory use and shall not require submission of a land development plan.
§ 350-1018 Essential services.
Essential service buildings and structures shall be permitted in any zoning district; however, buildings erected for these utilities shall be subject to the following regulations:
A.
Front, side and rear yards shall be provided in accordance with the regulations of the district in which the building is located.
B.
Height of building shall be as required by the district regulations.
C.
Unhoused equipment shall be enclosed with a chain-link fence six feet or more in height.
D.
All essential service buildings, facilities and/or storage areas shall be screened where adjacent to any residential use. Screening shall consist of double-row staggered planting of coniferous trees which are at least six feet high, or a fence made of solid material at least six feet high, landscaped with trees and shrubs.
E.
All adjoining property owners shall be notified of the proposed development by the utility through individual notice mailed to them at least 30 days' prior to commencement of construction activity.
§ 350-1019 Farm-related business.
Farm-related businesses are permitted by conditional use in the (A) Agricultural and (WC) Woodland Conservation Zoning District, subject to the following criteria:
A.
No part of a farm-related business shall be within 200 feet of any land within a residential zone, nor within 100 feet of any existing residence (excluding a farm dwelling).
B.
The existing roadway that will provide access to the property must be appropriate for the expected type and volume of road traffic that will be generated by the proposed use.
C.
The length of any on-site access drive(s) shall be sufficient to allow the stacking of delivery and/or customer vehicles. Furthermore, any use that potentially involves the movement of vehicles through mud and/or manure shall provide a paved apron of at least 50 feet from the street right-of-way. In addition, another fifty-foot gravel section shall be located just beyond the paved apron.
D.
The Township may require that any outdoor storage of supplies, materials, or products be screened from adjoining roads and properties. The display of farm equipment for sale shall be excluded from this provision.
F.
Vegetative screening may be required in accordance with § 350-1210 of this chapter when a farm-related business abuts any property used principally for residential purposes. Certain pieces of apparatus used for farm-related businesses, which create noxious dust, odor, light, or noise, may require greater setbacks and vegetative screening, as determined by the Board of Supervisors.
G.
Parking areas may be required to be fenced or to include other appropriate devices to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
H.
The applicant must provide for sufficient off-street parking spaces and off-street loading spaces for all uses proposed according to the off-street parking and loading provisions of this chapter.
I.
A farm-related business must comply with the coverage requirements in the zoning district in which it is located.
J.
Permanent structures associated with a farm-related business shall comply with the setback requirements of the underlying zoning district.
K.
Temporary structures and outdoor displays associated with a farm-related business shall not encroach into a public road right-of-way, and must comply with the side and rear yard setback requirements of the underlying zoning district.
L.
New structures required for accessory farm-related businesses are limited to 4,000 square feet of gross floor area in the aggregate.
N.
Farm-related businesses shall be owned or operated by the landowner, landowner's immediate family member, operator of the farm, or persons residing on the farm.
§ 350-1020 Event venues and outdoor venues.
[Added 7-28-2025 by Ord. No. 2025-2]
Event venues are permitted in the (A) Agricultural, (WC) Woodland Conservation by right and (VC) Village Center, (C) Commercial District by conditional use. Subject to the following criteria:
A.
No part of the venue shall be within 500 feet from a residence also setbacks: Front - 50 feet, side - 100 feet, rear - 100 feet (from property lines).
B.
An event and outdoor venues shall comply with access and driveway provisions in Chapter 295 S.A.L.D.O.
C.
An event and outdoor venues shall comply with the Land Development process Chapter 295 S.A.L.D.O. if it has a total impervious surface of 5,000 sq. ft. or larger.
D.
All parking lots and off-street parking shall comply with § 350-2011, Off street parking.
H.
An event/outdoor venue must comply with the coverage requirements in the zoning district in which it is located.
J.
The length of any on-site access drive(s) shall be sufficient to allow the stacking of delivery and/or customer vehicles. Furthermore, any use that potentially involves the movement of vehicles through mud shall provide a paved apron of at least fifty feet from the street right-of-way. In addition, another 50-foot gravel section shall be located just beyond the paved apron.
K.
At any time after the opening of the facility, the Township determines that parking, loading or traffic backups are occurring on adjoining roads, and such are directly related to the lack of on-site facilities on the subject property, the Township can require the applicant to revise and/or provide additional on-site parking and/or loading space to meet the off-street parking and loading provisions of this chapter within 30 days.
L.
The Township may require an unimproved grass overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot.
M.
Parking areas may be required to be fenced or include other appropriate devices to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
N.
The applicant should become familiar with the applicable federal, state, and local laws and regulations regarding the preparation of food in order to be aware of those regulations.
O.
The maximum number of patrons attending an event is 500.
§ 350-1021 Forestry, timber harvesting, and lumber mills.
Forestry, permitted by right in all zoning districts, timber harvesting is permitted by right (WC) Woodland Conservation Zoning District, and lumber mills are permitted by conditional use in the (A) Agricultural and (WC) Woodland Conservation Zoning District, subject to the following criteria:
A.
These provisions do not apply to the cutting of trees for the personal use of the landowner or for pre-commercial timber stand improvement.
B.
Notification and preparation of a logging plan.
(1)
For all timber harvesting operations, the landowner shall notify Zoning Officer at least 10 business days before the operation commences and within 10 business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
(2)
Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site all times during the operation and shall be provided to the Zoning Officer upon request.
(3)
The landowner and the operator shall be jointly and separately responsible for complying with the terms of the logging plan.
(4)
An erosion and sedimentation pollution control plan must be approved by the Cumberland County Conservation District if over 25 acres of disturbance occurs, in accordance with Title 25 Pennsylvania Code, Chapter 102. Documentation of such approval is required prior to the beginning of any timber harvest activities.
C.
Contents of the logging plan. As a minimum, the logging plan shall be acceptable to the Zoning Officer and shall include the following:
(1)
The design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and landings.
(2)
The design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars.
(3)
The design, construction, and maintenance of stream and wetland crossings.
(4)
The general location of the proposed operation in relation to municipal and state roads, including any accesses to those highways.
(5)
A sketch map or drawing containing the site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within the property; significant topographic features related to potential environmental problems; location of all earth disturbance activities such as roads, landings, and water control measures and structures; location of all crossings of water of the commonwealth; and the general location of the proposed operation to municipal and state highways, including any accesses to those highways.
(6)
Documentation of compliance with the requirements of all applicable state regulations including, but not limited to, the following: erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq); and stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1.et seq.).
(7)
Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified above, provided all information required is included or attached.
D.
Forest practices. The following requirements shall apply to all timber harvesting operations in Southampton Township:
(1)
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of Southampton Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
(3)
All tops and slash between 25 feet and 50 feet of any public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above ground.
(4)
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
(5)
No tops or slash shall be left within 50 feet of any perennial of intermittent stream or the designated floodplain of any stream, whichever is greater.
(6)
No harvest of trees shall occur within 150 feet of any stream designated as high quality or exceptional value or 100 feet of any other stream in accordance with 25 Pa. Code Chapter 102.
(7)
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
E.
Responsibility for road maintenance and repair: road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67, Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Southampton Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic and may be required to furnish a bond to guarantee the repair of such damages.
F.
Lumber mills shall address noise, hours of operations, and screening.
§ 350-1022 Golf courses.
Golf courses are permitted by conditional use in the (A) Agricultural Zoning District, subject to the following criteria:
A.
Minimum lot area: 30 acres;
B.
Golf courses may include the following accessory uses, provided such uses are reasonably sized and located, so as to provide incidental service to the golf course employees and users:
(1)
Clubhouse, which may consist of:
(a)
Restaurant, snack bar, lounge, and banquet facilities;
(b)
Locker room and restroom;
(c)
Pro shop;
(d)
Administrative office;
(e)
Golf cart and maintenance equipment storage and service facilities;
(f)
Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms;
(g)
Game rooms, including card tables, billiards, ping pong, and other similar table games; and
(h)
Babysitting rooms and connected fence-enclosed play lots.
(2)
Accessory recreation amenities located outside of a building, including:
(b)
Practice putting greens;
(c)
Swimming pools;
(d)
Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts;
(e)
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses;
(f)
Picnic pavilions, picnic tables, park benches, and barbecue pits;
(g)
Hiking, biking, horseback riding, and cross-country ski trails; and
(h)
Playground equipment and play lot games, including four-square, dodgeball, tetherball, and hopscotch.
(3)
Freestanding maintenance equipment and supply buildings and storage yards.
C.
In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, street, access drive, or driveway.
D.
All golf course buildings shall be set back 75 feet from any adjoining roads and 100 feet from adjoining residential structures or parcels.
E.
Golf paths. Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition.
(1)
The golf course design shall minimize golf path crossings of streets, access drives, and driveways. Easily identifiable golf paths must be provided for crossing streets, access drives, or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives, and driveways;
(2)
Each crossing shall be perpendicular to the traffic movements;
(3)
Only one street, access drive or driveway may be crossed at each location;
(4)
The crossing must be provided with a clear sight triangle of 75 feet, measured along the street, access drive, or driveway center line and the golf path center line, to a location on the center line of the golf path.
§ 350-1023 Group homes.
Group homes are permitted by conditional use in the (VC) Village Center Zoning District, subject to the following criteria:
A.
The premises shall be under responsible supervision at all times;
B.
Each conditional use application shall be accompanied by a statement describing the following:
(1)
The character of the facility;
(2)
The program's policies and goals, and means proposed to accomplish the goals;
(3)
The characteristics of the service populations and number of residents to be served;
(4)
The operating methods and procedures to be used;
(5)
Any other aspects pertinent to the facility's program; and
(6)
Any conditional use granted for a group home shall be bound to the type of care extended to the indicated service population. Any change in the service population will require the obtainment of a new conditional use.
C.
Depending upon the nature of the resident's condition(s), the Board of Supervisors may require outdoor play/recreation areas to be completely enclosed by a six-foot-high fence. In addition, other conditions may also be imposed to protect the general welfare of the surrounding community;
D.
Each group home shall obtain and maintain applicable licenses with the appropriate state and federal government agencies;
E.
One off-street parking space is required for each occupant; and
F.
Public sewer and water is required.
§ 350-1024 Hunting, fishing, and private recreational clubs.
Hunting, fishing, and private recreational clubs are permitted by conditional use in the (A) Agricultural and (WC) Woodland Conservation Zoning District, subject to the following criteria:
§ 350-1025 Home occupations.
Home occupations are permitted as an accessory use in the (A) Agricultural, (WC) Woodland Conservation, and (VC) Village Center Zoning Districts, subject to the following criteria:
A.
It is carried on within the dwelling unit and/or within usual accessory structures by the residents of the home.
B.
There shall be no more than two employees other than residents of the home.
C.
It does not result in the production of any noise or vibration (except that produced by coming and going), light, odor, dust, smoke, or other air pollution in excess of the standards contained in § 350-1202 of this chapter.
D.
Off-street parking spaces, in sufficient number as determined by the Zoning Officer, are made available on the same premises.
E.
The use shall be clearly incidental and secondary to the use of the dwelling as a residence, and the exterior appearance of the structure and premises shall be residential in character.
F.
If truck deliveries are required, loading and unloading areas must be provided along with adequate site access.
§ 350-1026 Industrial parks and industrial light and heavy.
Industrial parks and industrial light and heavy are permitted by conditional use in the (M) Manufacturing Zoning District, subject to the following criteria:
A.
The purpose of the standards set forth herein is to promote the establishment of industrial parks and industrial light and heavy, to permit groups of industrial buildings with integrated design and a coordinated physical plan, to encourage landscaping and open space within industrial areas and to buffer adjacent residential uses with landscaped green spaces. Each industrial park application shall submit sufficient documentation to verify compliance with the following standards, in addition to all other applicable requirements of this chapter.
(1)
The plan shall be in sufficient detail to show the location, probable dimensions and sketch elevations of proposed buildings, driveway entrances, existing and proposed easements and utilities, roadway design and other special features.
(2)
An open space and landscaping plan shall be submitted which illustrates the proposed location and treatment of open space and landscaping throughout the industrial park. The plan shall include street trees and be generous in the use of trees and other plantings within the designed open space. Screening and buffer areas shall be provided as required by § 350-1210 of this chapter and by § 295-408 of Chapter 295, Subdivision and Land Development.
(4)
A draft of the proposed protective covenants for regulating land use, building design and materials, individual site landscaping, etc., and any incorporation agreement and bylaws regulating maintenance of common areas and facilities.
(5)
All utilities shall be designed for underground installation.
§ 350-1027 Intensive agricultural operations.
Intensive agricultural operations are permitted in the (A) Agricultural and (WC) Woodland Conservation Zoning District as a conditional use, subject to the following criteria:
A.
The parcel of contiguous land owned by the owner of an intensive agricultural operation shall be and remain at least 50 acres in the Agriculture Zoning District.
(1)
Irrespective of the provisions of this section, any intensive agricultural operation in existence prior to the enactment of this chapter may not expand such operation without obtaining a conditional use approval from Southampton Township.
(2)
Any building or building addition constructed after the date of the enactment of this chapter to house animals in an intensive agricultural operation must maintain the following setbacks:
(a)
From a dwelling not owned by the owner of the intensive agricultural operation, a church, a building used in connection with a home occupation or incidental business, or other building occupied by human beings at least 10 hours a week: 500 feet from an occupied building located in the Agriculture or Woodland Conservation Zoning District and 1,000 feet from an occupied building in a nonagriculture zoning district.
(b)
From a property line or watercourse: 100 feet.
(c)
From a well not owned by the owner of the intensive agricultural operation: 150 feet.
(d)
Buildings housing animals shall not be located within the floodplain.
B.
The owner of the intensive agricultural operation must establish and maintain an access to the operation so that all motor vehicles making a right turn, whether entering or leaving the property, can do so without first having to enter the left-hand side of the public highway.
D.
The intensive agricultural operation must ensure dead animals, if disposed of on the property, are disposed of in strict accordance with the applicable standards of the Pennsylvania Department of Environmental Protection.
E.
New construction or expansion of concentrated animal feeding operations (CAFOs) or concentrated animal operation (CAOs) shall have an approved odor management plan in accordance with Pennsylvania Act 38, Nutrient and Odor Management Act.[2] A copy of the approved odor management plan shall be provided to the Township, along with any subsequent amendments and notices of violations by the Department of Environmental Protection.
[2]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
F.
Intensive agricultural operations involving animal housing facilities with ventilation fans shall provide vegetative planting strips in accordance with the following standards:
(1)
A planting strip shall be installed opposite the ventilation fan(s) and be of sufficient length to minimize the impacts on adjacent residences. At a minimum, the length of the planting strip shall extend an additional 20 feet from the beginning and end of the ventilation fans.
(2)
The planting strip shall be set back from the animal housing facility a distance equal to 10 times the diameter of the ventilation fan, with a minimum setback of 50 feet from side walls and 80 feet from end walls. Where multiple fans are used in one location, the setback distance may be extended five feet for each additional fan but shall not exceed 150 feet.
(3)
Planting strips shall consist of two rows, which may contain a mixture of deciduous and evergreen plants. The first row may include shrubs and grasses. The second row shall consist of at least 50% evergreen trees or shrubs and grow to a minimum of 15 feet tall at maturity. Spacing between plants shall be two feet for grasses, six feet for small shrubs (four feet to 12 feet tall) and 10 feet for large shrubs and trees (greater than 12 feet tall). Spacing between rows shall be 16 feet to 20 feet. Plant species shall have a high tolerance to pollutants.
(4)
The planting strip shall be maintained in a healthy condition. Any landscaping that dies or is severely damaged shall be replaced by the property owner as soon as is practical, considering growing seasons.
§ 350-1028 Junkyards.
Junkyards are permitted as a conditional use in the (A) Agricultural and the (WC) Woodland Conservation Zoning District, subject to the following criteria:
A.
No portion of any junkyard shall be closer than 500 feet to any residence.
B.
All junkyards shall be enclosed by a fence. All junk material, including but not limited to scrap metal, papers, rags, glass, containers, structures, junked motor vehicles, junked trailers, machinery and/or equipment, shall be stored inside the enclosed fencing. The fence shall be constructed of solid material, such as masonry, corrugated metal, or wood that obscures the view of the junkyard from the public right-of-way or from adjoining properties. The fence shall be at least eight feet high and shall contain a lockable gate made of similar solid material, which shall be kept closed and locked when not attended. The gate and all fencing shall be maintained in good condition and shall not be allowed to deteriorate or become unsightly. There shall be no advertising of any form placed on the fencing.
C.
The fence enclosing a junkyard shall be set back at least 25 feet from the right-of-way of any public street or road, and shall be set back a minimum of 10 feet from all other property lines.
D.
No junkyard shall be larger than 10 acres.
E.
All junk shall be stored and arranged so as to permit access by firefighting equipment, and to prevent the accumulation of stagnant water. Junked automobiles shall be arranged in single or double rows with at least 15 feet between rows. All gasoline and oil shall be drained from junked vehicles, and shall be stored in one location on the premises until properly discarded.
F.
Junk material shall not be piled to a height of more than eight feet from ground level.
G.
Weeds and grasses within the junkyard shall be kept mowed and shall not be permitted to seed.
H.
No garbage or organic waste shall be permitted to be stored in any junkyard.
I.
Junkyards shall, at all times, be maintained in such a manner so as not to cause public or private nuisance, nor cause any menace to the health or safety of any persons off the premises, nor cause any noxious or offensive smoke or odors, nor cause the breeding, harboring or infesting of rats, rodents or vermin, nor cause a violation of any health or sanitation law, ordinance or regulation of any governmental body.
§ 350-1029 Mixed-use developments.
Mixed-use developments are permitted in the (VC) Village Center Zoning District as a conditional use, subject to the following criteria:
A.
The mixed use shall consist only of combinations of uses permitted in the district where the mixed use is to occur. Uses may be mixed both on the horizontal and vertical plane.
B.
The required off-street parking shall be located in the rear of the building and shall be equal to no less than the sum of off-street required for each of the mixed uses.
§ 350-1030 Municipal buildings and other municipal uses.
Municipal uses including public utilities shall be permitted by right in all zoning districts, subject to the following criteria:
A.
The applicant must demonstrate that the selected location is necessary for public service.
B.
If located within a residential district, all buildings and structures shall be designed (to the extent possible) to have the exterior appearance of a residence.
C.
In any residential district, the outdoor storage of vehicles or equipment used in the maintenance of a utility shall be screened from adjoining roads and all properties in accordance with this chapter.
D.
There shall be no specific minimum lot size; however, each lot shall provide front, side, and rear yard setbacks and comply with the maximum impervious lot coverage requirements as prescribed in the underlying zoning district.
E.
Height regulations for the underlying zoning district shall be followed.
F.
The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical, or microwave disturbance, or any other objectionable impact, nuisance or safety hazard beyond the subject property.
§ 350-1031 Multifamily conversions.
Multifamily conversions are permitted in the (VC) Village Center and Woodland Conservation Zoning District as a conditional use, subject to the following criteria:
A.
Conversions of established single-family dwellings into two or more apartment dwelling units, provided that sanitary sewer is available, each lot or parcel of land so used has an area of not less than 10,000 square feet and a width of not less than 80 feet at the building line and no more than a total of eight dwelling units are located within the structure.
B.
Each dwelling unit within converted buildings shall have not less than 2,500 square feet of land area per dwelling unit and a minimum of 500 square feet of floor area per each unit; but in no case shall the total land area be less than 10,000 square feet.
§ 350-1032 No-impact home-based business.
No-impact home-based businesses are permitted in all districts as an accessory use, subject to the following criteria:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
The business shall not involve any illegal activity.
§ 350-1033 Outdoor storage.
Outdoor storage is permitted by right in the (A) Agricultural, (WC) Woodland Conversation, (C) Commercial, and (M) Manufacturing Zoning Districts, subject to the following criteria:
B.
Outdoor storage shall be completely screened from view of any adjacent residential use. Screening shall consist of evergreen plantings, architectural screen, fence or wall, in accordance with the requirements of § 350-1209 of this Ordinance.
C.
No storage shall be permitted within the front yard of any lot.
D.
Outside storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot to the rear of the front building wall of the principal building and shall not exceed 10 feet in height in residential districts and 20 feet in height in other districts.
E.
No flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except for tanks of fuel: (1) directly connected to energy or heating devices; or (2) used in conjunction with active agricultural or construction activities. A list of such liquids, solids or gases stored on site shall be supplied to the appropriate fire companies serving the Township. The applicant shall also demonstrate compliance with all applicable regulations of the U.S. Environmental Protection Agency; Pennsylvania Department of Environmental Protection; and the Pennsylvania State Police, Fire Marshal Division, including notification and registration requirements.
F.
No structure or land shall be used or developed, and no structure shall be located, extended, converted or structurally altered unless the applicant takes all reasonable measures to minimize the impacts of the aboveground and underground storage of heating oil, gasoline, diesel fuel, chemical solutions or other substances which, if released, would constitute pollutants to surface water or groundwater. The applicant shall also demonstrate compliance with all applicable regulations of the U.S. Environmental Protection Agency; PA Department of Environmental Protection; and the Pennsylvania State Police, Fire Marshal Division, including notification and registration requirements.
§ 350-1034 Professional offices.
Professional offices are permitted in the (VC) Village Center and (C) Commercial Zoning District as a permitted use, subject to the following criteria:
A.
If located within a Village Center District, all buildings and structures shall be designed (to the extent possible) to have the exterior appearance of a residence.
B.
In any Village Center District, the outdoor storage of vehicles or equipment shall be screened from adjoining roads and all properties in accordance with this chapter.
C.
There shall be no specific minimum lot size; however, each lot shall provide front, side, and rear yard setbacks and comply with the maximum impervious lot coverage requirements as prescribed in the underlying zoning district.
D.
Height regulations: maximum height of 100 feet.
E.
The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical, or microwave disturbance, or any other objectionable impact, nuisance or safety hazard beyond the subject property.
§ 350-1035 Principal solar energy systems (PSESs).
PSESs are permitted in the (M) Manufacturing Zoning District as a permitted use subject to the following criteria. The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, as amended, 53 P.S. § 10101 et seq., enables a municipality, through its zoning ordinance, to regulate the use of property and to promote the conservation of energy through access to and use of renewable energy resources.
A.
Regulations applicable to all principal solar energy systems:
(1)
PSESs shall be permitted by right in the Manufacturing Zoning District.
(2)
Exemptions:
(a)
PSESs constructed prior to February 26, 2013, shall not be required to meet the terms and conditions of this chapter. Any physical modification to an existing PSES, whether or not existing prior to February 26, 2013, that materially alters the PSES shall require approval under this chapter. Routine maintenance or like-kind replacements do not require a permit.
(3)
The layout, design and installation and ongoing maintenance of PSESs shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as enforced by Southampton Township,[1] and with all other applicable fire and life safety requirements. The manufacturer specifications for the system shall be submitted as part of the application.
(4)
PSES installers must show proof of the following certifications:
(a)
Is certified by the North American Board of Certified Energy Practitioners (NABCEP).
(b)
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
(5)
All on-site transmission and plumbing lines shall be placed underground to the extent feasible.
(6)
The owner of a PSES shall provide Southampton Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid-connected system and approved of such connection.
(7)
No portion of the PSES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the PSES, provided they comply with the prevailing sign regulations.
(8)
Glare.
(a)
All PSESs shall be placed such that concentrated solar radiation or glare does not project onto nearby properties or roadways.
(b)
The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(9)
The PSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to Southampton Township. The PSES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.
(10)
Decommissioning.
(a)
The PSES owner is required to notify Southampton Township immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
(b)
Upon one or more of the conditions in § 350-1035A(10)(a) above occurring, the PSES owner shall then have 12 months in which to dismantle and remove the PSES, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the PSES within the established time frames, the municipality may complete the decommissioning at the owner's expense.
(c)
At the time of issuance of the permit for the construction of the PSES, the owner shall provide financial security in the form and amount acceptable to Southampton Township to secure the expense of dismantling and removing said PSES and restoration of the land to its original condition, including forestry plantings of the same type/variety and density as the original condition.
(11)
Prior to the issuance of a zoning permit, PSES applicants must acknowledge, in writing, that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself:
(12)
Solar easements.
(a)
Where a subdivision or land development proposes a PSES, solar easements may be provided. Said easements shall be in writing and shall be subject to the same conveyance and instrument recording requirements as other easements.
(b)
Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easement shall include but not be limited to:
[1]
A description of the dimensions of the easement, including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed;
[2]
Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement;
[3]
Enumerate terms and conditions, if any, under which the easement may be revised or terminated;
[4]
Explain the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.
(c)
If necessary, a PSES owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).
(13)
Permit requirements.
(a)
PSESs shall comply with Chapter 295, Subdivision and Land Development. The installation of PSESs shall be in compliance with all applicable permit requirements, codes, and regulations.
(b)
The PSES owner and/or operator shall repair, maintain and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.
B.
Regulations applicable to ground-mounted principal solar energy systems:
(1)
Minimum lot size. The PSES shall meet the lot size requirements of the underlying zoning district.
(2)
Setbacks. PSESs shall comply with the setbacks of the underlying zoning districts for principal structures.
(3)
Height. Ground-mounted PSESs shall not exceed 20 feet in height.
(4)
Impervious coverage calculations shall be coordinated with DEP guidance for PSES.
(a)
The surface area of the arrays of a ground-mounted PSES, regardless of the mounted angle of any solar panels, and the area beneath the ground-mounted PSES shall be included in the lot coverage calculation for the lot on which the system is located.
(b)
The applicant shall submit a stormwater management plan that demonstrates compliance with the municipal stormwater management regulations.
(c)
PSES owners are encouraged to use low-maintenance and low-growing vegetative surfaces under the system as a best management practice for stormwater management.
(5)
Ground-mounted PSESs shall be screened from adjoining residential uses or zones according to the standards found in § 350-1035 of this chapter.
(6)
Ground-mounted PSESs shall not be placed within any legal easement or right-of-way, be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(7)
Security.
(a)
All ground-mounted PSESs shall be completely enclosed by a minimum eight-foot-high fence with a locking gate.
(b)
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers, substations, and on the fence surrounding the PSES informing individuals of potential voltage hazards.
(8)
The ground-mounted PSES shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority.
(9)
If a ground-mounted PSES is removed, any earth disturbance resulting from the removal must be graded and reseeded.
C.
Regulations applicable to roof- and wall-mounted principal solar energy systems:
(1)
For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of Southampton Township[2] that the roof or wall is capable of holding the load imposed on the structure.
(2)
PSESs mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.
§ 350-1036 Principal wind energy facilities (PWEFs).
PWEFs are permitted in the (WC) Woodland Conservation Zoning District as a permitted use subject to the following criteria. The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, as amended, 53 P.S. § 10101 et seq., enables a municipality, through its zoning ordinance, to regulate the use of property and to promote the conservation of energy through access to and use of renewable energy resources.
A.
Design and installation.
(1)
Principal wind energy facilities (PWEFs) shall be permitted by right in the Woodland Conservation District. Applications for such uses shall be subject to the requirements set forth below, as well as all other applicable state or federal regulations.
(2)
Exemptions.
(a)
Any physical modification to an existing PWEF, whether or not existing prior to February 26, 2013, that materially alters the size, type and number of wind turbines or other equipment shall require conditional use approval under this chapter and meet the requirements of the Uniform Construction Code. Routine maintenance or like-kind replacements do not require a permit.
(3)
The layout, design, installation and ongoing maintenance of PWEFs shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society of Testing and Materials (ASTM), or other pertinent certifying organizations and comply with the PA Uniform Construction Code and all applicable building and electrical codes as enforced by Southampton Township, and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
(4)
Applicants shall submit land development and/or subdivision plans which shall be compliant with Chapter 295, Subdivision and Land Development, of the Code of Southampton Township.
(5)
Applicants shall provide sufficient documentation showing that the PWEFs will comply with all applicable requirements of the Federal Aviation Administration (FAA) and the Commonwealth Bureau of Aviation.
(6)
The PWEF shall provide Southampton Township with written confirmation that the public utility company to which the PWEF will be connected has been informed of the intent to install a grid-connected system and approved of such connection.
(7)
All PWEFs shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip and other systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(8)
Visual appearance.
(a)
All on-site utility, transmission lines, and cables shall be placed underground.
(b)
PWEFs shall be painted a nonreflective, flat color, such as white, off-white, or gray, unless required to be colored differently from FAA or BoA regulations.
(c)
PWEFs shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall seek to minimize the disturbance to the surrounding views.
(d)
The display of advertising is prohibited, except for identification of the manufacturer of the system, facility owner and operator.
(e)
Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the PWEF.
(f)
Accessory buildings, structures, mechanical equipment.
[1]
Accessory structures and equipment associated with PWEFs shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a decorative fence meeting requirements of this chapter may be used.
[2]
The design of accessory buildings and related structures shall, to the extent reasonable, use materials, colors, textures, screening and landscaping that will blend the structures into the natural setting and existing environment.
(9)
Warnings and safety measures.
(a)
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(b)
All access doors to PWEFs, including electrical equipment, outbuildings and all appurtenances thereto, shall be locked or fenced, as appropriate, to prevent entry by nonauthorized personnel.
(c)
Wind turbines shall not be climbable up to 15 feet above the ground surface or the climbing apparatus shall be fully contained and locked within the tower structure.
(d)
Visible, reflective, colored objects, such as flags, reflectors or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(e)
The potential ice throw or ice shedding for a PWEF shall not cross the property line of the lot on which the PWEF is located nor impinge on any right-of-way or overhead utility line.
(f)
The applicant will provide a copy of the project summary and site plan to local emergency services.
(g)
Facility owner and/or operator shall abide by all applicable local, state and federal fire code and emergency guidelines. Upon request, the applicant, facility owner and/or operator shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the PWEF.
(h)
No portion of the PWEF shall contain or be used to display advertising. The manufacturer's name and equipment information or identification of ownership shall be allowed on any equipment of the PWEF, provided they comply with the prevailing sign regulations.
B.
Zoning requirements.
(2)
Setbacks.
(a)
Wind turbines shall be set back from the nearest property line, occupied buildings, aboveground utility lines (including guy wires), railroads and/or road rights-of-way a distance of not less than 1.1 times its total height.
(b)
Accessory buildings, structures, and related equipment to the PWEF shall comply with the building setback requirements of the underlying zoning district.
C.
Operational standards.
(1)
Use of public roads.
(a)
The applicant shall identify all state and local public roads to be used within the Township to transport equipment and parts for construction, operation or maintenance of the PWEF.
(b)
The Township's engineer, or a qualified third-party engineer hired by the Township and paid for by the applicant, shall document public road conditions prior to construction of the PWEF. The engineer shall document road conditions within 30 days after construction of the permitted project is complete, or as soon thereafter as weather may allow.
(c)
The Township may require the applicant to secure a bond for the road(s) to be used within the Township in compliance with applicable regulations at an amount consistent therewith; or, if not provided by regulation, an amount set at the discretion of the governing body in consultation with the Township Engineer.
(d)
Any road damage caused by the applicant, facility owner, operator, or contractors shall be promptly repaired to the Township's satisfaction at the expense of the applicant and/or facility owner.
(e)
The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged public roads.
(f)
Every effort should be made to use existing roads and logging roads. New deforestation and forest fragmentation should be kept to a minimum. Private entrance roads to PWEFs must be maintained in a mud-free condition.
(2)
Noise.
(a)
Audible sound from a PWEF shall not exceed 50 dBA, as measured at the property line between participating and nonparticipating landowners.
(b)
Noise limits may be exceeded during short-term events, such as utility outages and/or severe wind storms.
(c)
Methods for measuring and reporting acoustic emissions from PWEFs shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association (AWEA) Standard 2.1 - 1989, titled, "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier," as amended.
 |
(3)
A wind turbine shall not cause vibrations through the ground which are perceptible beyond the property line of the parcel on which it is located.
(4)
Shadow flicker.
(a)
A PWEF shall not cause shadow flicker on any occupied building on a nonparticipating landowner's property.
(b)
A PWEF shall be designed in such a manner as to minimize shadow flicker on a roadway.
(c)
The facility owner and operator shall conduct, at the applicant's expense, a modeling study demonstrating that shadow flicker shall not occur on any occupied building on a nonparticipating property.
(5)
Facility owner and/or operator shall ensure that the design and operation of any PWEF avoids disruption or loss of radio, telephone, television, cell, internet or similar signals, and shall mitigate any harm caused thereby.
(6)
The applicant shall provide a proposed foundation design and analysis of soil conditions by a professional engineer.
(7)
Public inquiries and complaints.
(8)
Decommissioning.
(a)
The PWEF owner is required to notify Southampton Township immediately upon cessation or abandonment of the operation. The PWEF shall be presumed to be discontinued or abandoned if no electricity is generated by the system for a period of 12 continuous months.
(b)
Upon one or more of the conditions in Subsection C(8)(a) above occurring, the PWEF owner shall then have 12 months in which to dismantle and remove the PWEF.
(c)
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
(d)
Disturbed earth shall be graded, reseeded and/or reforested to reclaim the site back to its predevelopment condition, based on the subdivision/land development plan or documented predevelopment condition, unless the landowner requests, in writing, that the access roads or other land surface areas not be restored.
(e)
If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection C(8)(a) above, then the landowner shall have six months to complete the decommissioning.
(f)
If neither the facility owner or operator, nor the landowner complete decommissioning within the periods described by Subsection C(8)(a) and (e) above, then Southampton Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that Southampton Township may take such action as necessary to implement the decommissioning plan.
D.
Application requirements. A conditional use application for a PWEF shall include the following:
(1)
A narrative describing the proposed PWEF, including an overview of the project, the project location, the approximate generating capacity of the PWEF, the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
(2)
An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and the operation of the PWEF and setting forth the applicant's and property owner's name, address and phone number.
(3)
Identification of the properties on which the proposed PWEF will be located and the properties adjacent to where the PWEF will be located.
(4)
A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the PWEF to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines and layout of all structures within the geographical boundaries of any applicable setback.
(6)
A wind resource study shall be submitted documenting wind resources at the site. The study shall include but is not limited to data showing average wind speeds capable of generating electricity and the available capacity to transmit the electricity into the power grid.
(9)
Other relevant studies, reports, certifications and approvals as required by this chapter or as may be requested by the Borough/Township to ensure compliance with this chapter.
(10)
Throughout the permit process, the applicant shall promptly notify the Township of any changes to the information contained in the conditional use/special exception permit application. Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing.
§ 350-1037 Quarrying.
Quarrying and other extractive uses are permitted in the Agricultural Conservation District by conditional use, subject to the following criteria:
A.
The applicant must demonstrate initial and continual compliance with all applicable state and federal standards and regulations.
B.
All surface mining operations shall be set back a minimum of 100 feet from any property line or road right-of-way.
C.
Screening shall be in compliance with this chapter.
D.
Applicant shall submit a traffic study by a competent professional identifying impact and mitigation measures resulting from increased traffic to and from the site.
E.
A land use permit is required.
§ 350-1038 Repair services.
Repair Services are permitted in the (C) Commercial Zoning District as a permitted use and by conditional use in (A) Agricultural and (WC) Woodland Zoning Districts, subject to the following criteria:
A.
If located adjacent to a residential use, all buildings and structures shall be designed (to the extent possible) to have the exterior appearance of a residence.
B.
If located adjacent to a residential use, the outdoor storage of vehicles or equipment shall be screened from adjoining roads and all properties in accordance with this chapter.
C.
There shall be no specific minimum lot size; however, each lot shall provide front, side, and rear yard setbacks and comply with the maximum impervious lot coverage requirements as prescribed in the underlying zoning district.
D.
The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical, or microwave disturbance, or any other objectionable impact, nuisance or safety hazard beyond the subject property.
§ 350-1039 Recreational cabins.
[Added 7-28-2025 by Ord. No. 2025-2]
Recreational cabins are permitted by right in the: (A) Agricultural and (WC) Woodland Conservation Zoning District.
A.
Recreational cabins, as defined and exempted from buildings code requirements, as set forth in the State Uniform Construction Code (UCC) shall meet all of the following requirements.
(1)
All recreational cabins shall be served by an approved sewage disposal system in accordance with State Department of Environmental Protection for on-lot disposal systems and township rules and regulations or those areas serviced by a community sewer system.
(2)
All recreational cabins shall meet all of the following requirements.
(a)
The cabin shall be equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping areas.
(b)
The owner shall file the following: written proof of insurance from an insurer authorized to do business in the commonwealth stating that the structure meets the definition of a "recreational cabin" found in § 103 of Act 92.
(c)
The owner shall provide written notice in any sales agreement and the deed, upon sale of a recreational cabin which has been excluded from UCC construction requirements, that:
(3)
A failure to provide this notice shall void the sale, at the option of the purchaser.
B.
A structure which is not utilized for a residence for any period of time.
C.
A structure which is not utilized for commercial purposes including rental property.
§ 350-1040 Retirement housing.
Retirement housing is permitted in the (VC) Village Center Zoning District as a permitted use subject to the following criteria:
A.
Purpose:
(1)
To recognize housing needs for residents as they get older and lifestyle preferences changes.
(2)
To provide for developments consistent with the provisions of the Federal Fair Housing Act amendments of 1988, or as subsequently amended.
(3)
To provide for such developments consistent with the Township's Comprehensive Plan goals, community development objectives and strategies.
(4)
To recognize the lesser impacts of smaller households sizes associated with age-restricted communities organized in higher densities.
(5)
To encourage conservation-based site design resulting in a campus-style development pattern.
(6)
To encourage the creation of neighborhoods specifically designed for the region's senior residents.
B.
The following prerequisites shall be met for each application for approval of an age-restricted community:
(1)
All provisions of the Federal Fair Housing Act amendments of 1988, or as subsequently amended. A minimum of 80% of the dwelling units to be permanently occupied by at least one person age 55 or older; a greater percentage may be so restricted as part of the declaration. No permanent occupant of an age-qualified dwelling unit may be less than 18 years of age.
C.
Preapplication consultation. The Township encourages a preapplication consultation including a concept plan shall be scheduled with the Township Planning Committee.
D.
Declaration of restrictive covenants. A declaration of restrictive covenants must be approved by the Township. Said declaration shall provide all of the restrictions necessary to assure compliance with the Federal Fair Housing Act amendments of 1988, or as subsequently amended. The following are the minimum requirements for the declaration:
(1)
Provisions for the establishment of a homeowners' association (HOA) or other similar entity as approved by the Township, with mandatory membership by the current owner of each dwelling unit represented in the land development plan.
(2)
Parties to the declaration of restrictive covenants shall be bound by all restrictions contained therein, and shall include, at a minimum, members of the aforementioned association(s), developer and all such other parties.
(3)
Cross easements. Cross easements shall be included, which shall assure proper circulation throughout the development and access to all common recreation and open space areas, roadways and common parking areas.
(4)
Maintenance provisions shall be included for any community/recreation center and related facilities, other recreational facilities, circulation network, common parking areas, landscaping and all other areas not individually controlled by the homeowner in fee title.
(5)
Provisions to ensure that development of any buildings, parking, stormwater management facilities, or other similar improvements, are prohibited on any lots to be utilized solely for open space purposes, as indicated on the most currently approved land development plan.
(6)
Provisions stipulating each lot owner/resident's rights with respect to common areas.
(7)
Residency restrictions applicable to a development in an age-restricted community development shall be in accordance with the Federal Fair Housing Act amendments of 1988, or as subsequently amended.
(8)
Any other outside agency that requires additional regulations to the development that is stricter than existing Township regulations shall apply.
(9)
No lot or unit shall be transferred without the prior recording of a declaration of restrictive covenants.
(10)
The development of a community center is strictly for the use of ARC residents and invited guests.
(11)
Provisions to ensure Township enforcement rights for the common areas if they are not maintained.
§ 350-1041 Sanitary landfill.
A.
Sanitary landfills are permitted by conditional use in the (A) Agricultural Zoning District subject to the following criteria.
B.
Sanitary landfill (includes dumps, solid waste disposal and/or processing facility, transfer station, etc.). Sanitary landfills, or other solid waste disposal and or processing facility, where allowed as a conditional use, shall be developed in full compliance with applicable state and federal laws and shall obtain all necessary and required permits and approvals, and shall also comply with the following:
(1)
No facility shall be placed on any lands with a water table less than 80 inches below the surface, or a seasonally high water table as defined by the USDA NRCS Web Soil Survey.
(2)
No facility shall be located on a tract of land less than 40 acres.
(3)
The applicant shall prepare a transportation study to document the effects that vehicles using the facility will have on local roads. The study shall indicate current conditions, including pavement width and composition, horizontal and vertical curves, sight distances at intersections, condition and limitations of bridges and culverts, and any other existing features or conditions that may affect the safe and efficient travel of vehicles for all Township roadways expected to be utilized as primary or secondary access routes to or from the site. The Township may require that pavement core samples be taken.
(4)
No lands classified as possessing prime agricultural soils, as listed in the Cumberland County Soils Survey, shall be utilized.
(5)
All activities shall be enclosed by an opaque or solid fence not less than six feet high.
(6)
All activities, including grading, compaction, filling, dumping, processing, transfer and disposition, shall be supervised at all times of operation by a landfill inspector licensed by the Department of Environmental Protection.
(7)
A contingency plan for the disposal of waste during a facility shutdown shall be provided.
(8)
A plan for controlling windblown debris, odor, insects and vermin shall be provided.
(9)
A plan for lighting of the facility shall be provided.
(10)
The use shall be screened from all public roads and from adjoining residences.
(11)
All driveways onto the site must be paved for a distance of 300 feet from the public street right-of-way line.
(12)
Access to the site shall be controlled to prevent unauthorized dumping.
(13)
Leachate shall be treated or disposed of in compliance with applicable state and federal laws or regulations.
(14)
No processing shall be permitted within 1,000 feet of any lot line of a residentially used property. No landfill activities shall be permitted within 500 feet of any lot line of a residentially used property.
(15)
All such uses shall provide stacking lanes of sufficient length within the facility, so that vehicles waiting to be weighed, loaded or unloaded will not back up onto public roads.
(16)
The applicant shall submit an analysis of raw water needs (groundwater and/or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
(17)
A water feasibility study will be provided to enable the Township to evaluate the impact of the proposed use on the groundwater supply and on existing wells, to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Township Engineer.
(a)
A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development shall not be approved by the Township.
(b)
A water feasibility study shall include, as a minimum, the following information (unless more stringent regulations are set by county, state, or federal agencies, in which case, the more stringent regulations shall be met):
[1]
Calculations of the projected water needs;
[2]
A geologic map of the area;
[3]
The locations of all existing and proposed wells within 1,000 feet of the site and all known point sources of pollution;
[4]
The long-term safe water yield shall be determined, based on geologic formations;
[5]
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and groundwater table; and
[6]
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
(18)
A buffer strip of at least 50 feet shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within the buffer strip. Fences or other screening material erected or planted on the site shall not be located within the buffer strip.
§ 350-1042 Schools, private and public.
Private and public schools are permitted by right in the (A) Agricultural, (WC) Woodland Conservation and (VC) Village Center Zoning Districts, subject to the following:
A.
Passenger dropoff areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
B.
All educational uses shall be governed by the height and bulk standards imposed upon principal uses within the underlying zone.
D.
Minimum street frontage: 100 feet.
E.
Maximum lot impervious coverage: 70%.
F.
A ten-foot-wide strip beyond the reserved or dedicated right-of-way of any road or street shall be landscaped with ground cover and plant material and shall not contain impervious cover except for the crossing of necessary entrance/exit driveways. Parking, loading and service areas within 30 feet of a reserved or dedicated road right-of-way line shall be physically separated from the road by a curb or fence and a planting strip.
§ 350-1043 Shooting ranges.
A.
Shooting ranges are permitted by conditional use in the (A) Agricultural and (WC) Woodland Conservation Zoning District, subject to the following criteria.
B.
Shooting range operations:
(1)
May not substantially injure or detract from the lawful existing or permitted use of neighboring properties;
(2)
May not substantially damage the health, safety, or welfare of the Township, or its residents and property owners;
(3)
Must comply with all applicable state and local laws, rules, and regulations regarding the discharge of a firearm;
(4)
The storage of live ammunition shall only occur in an approved secure vault;
(5)
Shall limit the number of shooters to the number of firing points or stations identified on the development plan;
(6)
Shall prohibit the consumption of alcoholic beverages within the area approved as the shooting range; and
(7)
Shall limit firing to the houses between one hour after official sunrise and one hour preceding official sunset, unless sufficient lighting is used; in which case, all shooting shall cease by 11:00 p.m.
C.
A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet, and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan.
D.
The firing range, including the entire safety fan, shall be enclosed with a six-foot-high, nonclimbable fence to prevent unauthorized entry into the area. Range caution signs with eight inches tall, red letters on a white background shall be posted at a maximum of 100-foot intervals around the range perimeter. Signs shall read: "SHOOTING RANGE AREA, KEEP OUT!"
E.
Range flags shall be displayed during all shooting activities. Range flags shall be located in a manner visible from entrance drives, target areas, range floor, and the perimeter of the safety fan;
F.
All surfaces located within the safety fan, including the backstop, overhead baffles, berms, and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials;
G.
All shooting range facilities, including buildings, parking, firing range, and safety fan, shall be set back a minimum of 100 feet from the property line and street right-of-way.
§ 350-1044 Short-term rentals.
Short-term rentals are permitted by right in the (A) Agricultural and (WC) Woodland Conservation Districts, subject to the following criteria:
A.
Short-term rental standards.
(1)
Overnight occupancy of a short-term rental shall be limited to no more than two persons per bedroom, and the maximum number of day guests allowed at any one time, in addition to the overnight occupants, shall be 50% of the maximum overnight occupancy of the short-term rental.
(2)
The number of bedrooms permitted for a short-term rental shall not exceed the number of bedrooms approved for the dwelling unit on the sewage permit issued for such property. Where there is no sewage permit on record, the short-term rental shall be limited to three bedrooms unless proof is provided to the Sewage Enforcement Officer that the sewage disposal system is adequate to handle additional flows. Any short-term rental advertising more than five bedrooms shall provide proof that the sewage disposal system is adequate to handle such flows by having the system approved by the Sewage Enforcement Officer, or by providing a sewage disposal system permit previously issued by a Sewage Enforcement Officer. If a sewage disposal system malfunction occurs, short-term rental of the dwelling unit shall be discontinued until the malfunction is corrected in accordance with Township and Pennsylvania Department of Environmental Protection requirements.
(3)
Outdoor parking for overnight and day guests shall be limited to available parking areas on the short-term rental property. In no event shall parking for short-term rental guests include spaces in any public street right-of-way or on any lawns or vegetated areas.
(4)
Neither short-term rental occupants nor guests shall engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person by loud, unusual or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting, or creating a dangerous or physically offensive condition.
(5)
The owner shall use best efforts to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate provisions of the Southampton Township Code or any state law pertaining to noise or disorderly conduct including, but not limited to, notifying the occupants of the rules regarding short-term rentals and promptly responding when notified that occupants are violating laws, ordinances or regulations regarding their occupancy.
(6)
The owner shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct or otherwise violated provisions of the Southampton Township Code or state law pertaining to noise or disorderly conduct, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests.
(7)
Overnight occupancy of recreational vehicles, camper trailers and tents at the property where the short-term rental is located shall not be allowed. Outdoor overnight sleeping of occupants or guests of the short-term rental is prohibited.
(8)
All short-term rental owners, managers, agents or agencies shall supply each occupant with a packet of Township requirements, as well as have a clearly visible and legible notice posted within the dwelling unit on or adjacent to the front door containing the following information:
(a)
The name of the owner of the dwelling unit or the managing agency, agent, property manager, or local contact authorized in writing to accept service for the owner of the dwelling unit and a telephone number at which that party can be reached on a twenty-four-hour basis.
(b)
The 911 address of the property.
(c)
The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.
(d)
The maximum number of all vehicles allowed to be on the property and the requirement that all guest parking must be parked in the available parking areas on the property and not in or along any private, community or public street right-of-way or on any lawn or vegetated area on the property.
(e)
Trash disposal method. Trash and refuse shall not be left or stored on the exterior of the property except in watertight metal or plastic trash containers from 6:00 p.m. on the day prior to trash pickup to 6:00 p.m. on the day designated for trash pickup.
(f)
Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Southampton Township Code, including parking and occupancy limits.
(g)
Notification that short-term rental occupants and guests are required to make the dwelling unit available for inspection by the Code Enforcement Officer or Township representative upon request.
(9)
All short-term rental dwelling units shall be equipped as follows:
(c)
Smoke alarms shall be listed in accordance with UL 217. Combination smoke and carbon monoxide alarms shall be listed in accordance with UL 217 and UL 2034.
(d)
Combination smoke and carbon monoxide detectors shall be permitted to be installed in fire alarm systems in lieu of smoke detectors, provided that they are listed in accordance with UL 268 and UL 2075.
B.
License application requirements.
(1)
Short-term rental licenses applications shall contain all of the following information:
(a)
The name, address, telephone number and email address of the owner. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number. If the owner uses a managing agency, agent or local contact person then that managing agency, agent or local contact person shall have written authorization to accept service for the owner.
(b)
The name, address and twenty-four-hour telephone number of the managing agency, agent or local contact person.
(c)
Floor plans for the short-term rental unit, including total habitable floor space and total number of bedrooms.
(d)
If the building is a multiunit structure, the total number of dwelling units in the structure and the number of dwelling units being used as short-term rentals.
(e)
A site plan showing the location and number of on-site parking spaces.
(f)
The location, approximate age and capacity of the sewage disposal system. The owner of the property shall supply the Township with an evaluation from a pumper/hauler certifying the sewage disposal system is properly functioning as intended, and proof that the tank was pumped by a pumper/hauler within at least three years prior to the date of the application for a short-term rental license, or a renewal thereof, for review and approval by the Sewage Enforcement Officer.
(g)
Signatures of both the owner and the local managing agent or local contact person.
(h)
Trespass waiver, signed by the owner, allowing access to the property for the Enforcement Officers for the purpose of inspection to verify compliance with this chapter.
(i)
Copy of the current recorded deed for the property establishing ownership.
(2)
A short-term rental license shall be issued only to the owner of the short-term rental property.
(a)
A separate short-term rental license is required for each dwelling unit; for two-family or multifamily dwellings, a separate short-term rental license shall be required for each dwelling unit being rented as a short-term rental.
(b)
A short-term rental license is effective for a period of one year, or until any of the conditions of the short-term rental which are governed by this chapter are changed, whichever shall first occur. A short-term license must be renewed annually and also when any of the conditions of the short-term rental, which are governed by this chapter, are changed.
(c)
The Township will prescribe forms and procedures for the processing of permit applications under this chapter.
§ 350-1045 Tree farming.
Tree farming is permitted by right in the (WC) Woodland Conservation and Agricultural Zoning Districts, subject to the following criteria:
A.
Christmas trees and nursery stock, etc. sales are only permitted on slopes of less than 10%.
§ 350-1046 Tiny house and tiny house cluster.
[Amended 7-28-2025 by Ord. No. 2025-2]
Tiny houses are permitted by right in the (A) Agricultural, (WC) Woodland Conservation, and (VC) Village Center Zoning District. Tiny house clusters are permitted by conditional use in the (VC) Village Center Zoning District, subject to the following criteria:
A.
A tiny house shall be considered the same as a single-family dwelling.
C.
Tiny houses shall comply with the Uniform Construction Code (UCC) building and Residential Codes (2018) or most recent adopted Codes.
D.
Tiny houses on wheels are considered a recreational vehicle and shall conform to the 2018 board of vehicle Act 134.
§ 350-1047 Veterinarian and animal hospitals and/or kennels.
A.
Veterinarian and animal hospitals are permitted by conditional use in all districts.
(1)
All areas used for exercise shall be securely fenced.
(2)
All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or runways shall be a minimum of 20 feet from all property lines and a minimum of 200 feet from any adjacent residence whose owner is other than the animal building owner.
(3)
Animals shall be permitted to exercise outside daily between the hours of 8:00 a.m. to 8:00 p.m.
B.
Kennels. Kennels are permitted by conditional use in the (A) Agricultural, Commercial, and Manufacturing Zoning District, subject to the following criteria:
(1)
Minimum lot area: three acres;
(2)
All animal boarding buildings and any outdoor animal pens, stalls, or runways shall be a minimum of 200 feet away from all property lines;
(3)
All outdoor areas where animals are left to wander shall be enclosed to prevent the escape of the animals; all such enclosures shall be a minimum of 20 feet from all property lines;
(4)
The applicant shall demonstrate a working plan to prevent or alleviate any noise problems emanating from animals boarded on the site.
§ 350-1048 Warehousing.
A.
Permitted by in the (M) Manufacturing Zoning District, subject to the following criteria.
B.
Distribution and logistics centers, rail and/or truck terminals, warehousing, and drop lots or drop-and-hook lots.
(2)
The proposed facility shall demonstrate compliance with the landscaping, screening and buffer requirements set forth in (§ 350-906) of this Code and with any modification(s) of requirements granted thereto by the Zoning Officer.
(3)
Access to the property shall be provided via a collector street or via an existing or proposed street improved in accordance with heavy-duty truck design and construction standards approved by the Board of Supervisors.
(4)
Any gates or other barriers used at the entrance to the facility shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods for the facility and peak travel times for the road(s).
(5)
Proposed facilities shall demonstrate in narrative form compliance with all applicable requirements of Pennsylvania's Diesel-Powered Motor Vehicle Idling Act (35 P.S. § 4601, Act 124 of 2008, as amended) including, but not limited to, signage and stationary idle reduction technology. A note shall be placed on the land development plan indicating the applicant's understanding of the Act and its agreement to comply with all applicable requirements and to meet the applicable standards at all times.
(6)
The following supporting documentation shall be submitted by the applicant for review as part of the conditional use application:
(a)
A note shall be placed on the land development plan indicating the applicant's understanding of the Township's industrial performance standards (i.e., drainage, electricity, glare, radioactivity, vibration, fire and explosion hazards, traffic control, storage of explosives, storage of flammable substances, waste disposal, noise, odor, dust, fumes, vapor, gas, and smoke) as outlined in § 350-1202 of this chapter and other applicable sections of this Code, and its agreement to meet the applicable standards at all times.
(b)
The applicant shall submit a traffic impact study coordinated with PennDOT's TIS section.
(c)
The applicant shall submit a detailed description of the preparedness, prevention and contingency plans and procedures to be utilized on site in dealing with fuel spills and hazardous materials releases should they occur on the premises.
(d)
A narrative identifying, as applicable, and at a minimum, the nature of the on-site activities and operations, the responsible individuals or entities and their contact information, the hours of operation, the number of shifts and the total number of employees on each shift.
(e)
Proposed building elevations along with line-of-sight diagrams/profiles from occupied structures in each direction, as applicable.
(7)
There shall be space for on-site stacking and queuing of vehicles.
(8)
The developer shall submit a land development plan to the Township.
§ 350-1049 Restaurants and restaurants fast food.
[Added 7-28-2025 by Ord. No. 2025-2]
Is permitted by conditional use (VC) Village Center and by right in the (C) Commercial and (M) Manufacturing.
A.
Setbacks: front = 35'; Side (each) = 35'; Rear = 35'.
(1)
If next to a residential property or a residential use, the setback will be: front-75'; side-75'; rear-75'.
B.
Sidewalks: minimum 42" wide or matching existing sidewalk if existing is greater than 42".
E.
Traffic flow and queuing: A plan for traffic flow and queuing for drive-thru facilities shall be submitted to prevent traffic congestion on surrounding streets.
F.
Restaurants are considered a commercial business which require a land use permit and Uniform Construction Code (UCC) inspections.
G.
Obtain a health department permit from the Pennsylvania Health Department and show proof to the Township.
H.
Food establishments shall comply with ADA accessibility requirements and Uniform Construction Code. The Americans with Disabilities Act (ADA) sets forth specific guidelines.
I.
Loading and unloading. Off-street loading and unloading space, with proper access from a street or alley, shall be provided. In areas of controlled parking, loading and unloading space must be approved by the Zoning Officer.
J.
Outdoor seating/outdoor cafe. The utilization of sidewalk space beyond the building line is prohibited. The required 42' sidewalk and shall not be obstructed, the use of lawn or yard area, including decks, patios or porches, shall be permitted to accommodate the serving of food to patrons. The outdoor use of this area shall consist of tables and chairs permitted to serve food to patrons.
§ 350-1050 Self-Storage facility.
A.
Shall submit a land development plan.
§ 350-1051 Automobile services.
[Amended 7-28-2025 by Ord. No. 2025-2]
A.
Automobile service station. Permitted by conditional use in the (C) Commercial Zoning District and (M) Manufacturing Zoning District.
(1)
All service and/or repair activities shall be conducted within a wholly enclosed building.
(2)
All exterior vehicle storage areas shall be screened from view on all sides.
(3)
A maximum of five unlicensed vehicles on the premises which are used for parts and not for sale are permitted. All vehicles shall be screened.
(4)
All merchandise, except vending machines, shall be stored within a building.
(5)
Any use involving the generation of waste grease and/or oil shall be required to install traps to collect these waste products. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by applicable state and/or federal regulations.
(6)
No outdoor stockpiling of tires or outdoor storage of trash permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
(7)
Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke (§ 350-1202).
(8)
The Township Fire Chief or the Emergency Manager shall review and approve the application in accordance with the state fire codes.
(10)
100% of the area utilized for the display or parking of vehicles must be paved or improved with impervious cover.
B.
Automobile repair service (residential). Permitted by right in the Commercial and by conditional use in the (A) Agricultural and (WC) Woodland Conservation Districts.
(1)
The use shall only be conducted by the owner of the property.
(2)
All service and/or repair activities shall be conducted within a fully enclosed building that is detached from the principal building.
(3)
No vehicles, parts, tires or other materials shall be stored outside.
(4)
Any use involving the generation of waste grease and/or oil shall be required to install traps to collect these waste products. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by applicable state and/or federal regulations.
(5)
Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke.
C.
Automobile repair service (nonresidential). Permitted by right in the Commercial and by conditional use in the (A) Agricultural and (WC) Woodland Conservation Districts.
(1)
All service and/or repair activities shall be conducted within a wholly enclosed building.
(2)
All exterior vehicle storage areas shall be screened from view on all sides.
(3)
A maximum of five unlicensed vehicles on the premises which are used for parts and not for sale are permitted. All vehicles shall be screened.
(4)
All merchandise, except vending machines, shall be stored within a building.
(5)
Any use involving the generation of waste grease and/or oil shall be required to install traps to collect these waste products. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by applicable state and/or federal regulations.
(6)
No outdoor stockpiling of tires or outdoor storage of trash permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
(7)
Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke (§ 350-1202).
(9)
100% of the area utilized for the display or parking of vehicles must be paved or improved with impervious cover.