A.

An accessory building not attached to the principal structure shall comply with all other applicable Township requirements and may be located in any required side or rear yard provided:

1.

Such building shall not be more than 25 feet in height. Said height limitation shall not apply to any building(s) accessory to a principal agricultural operation.

2.

Such buildings shall comply with applicable yard requirements except that nonpermanent accessory buildings of 200 square feet in area or less and one story shall be located no closer than five feet from any side or rear lot line.

3.

All such buildings in the aggregate shall not occupy more than 30 percent of the area of the required rear or side yard.

B.

When an accessory structure is attached to the principal building it shall comply in all respects with the requirements of this Chapter applicable to the principal building.

C.

No accessory building shall project nearer to the street on which the principal building fronts than the minimum building setback distance for the principal building.

D.

Accessory buildings may be located on a contiguous lot under the same ownership in the required rear or side yard along the common rear or side lot line.

(Ord. 2017-002, 4/25/2017)

A.

Where a lot has frontage on two or more streets or other public rights-of-way, the height limitation shall apply only as measured from the curb level along the street or way with a higher elevation above sea level.

B.

Chimneys, flues, towers, spires, cupola domes, pole masts, antennas, barns, and silos shall be exempt from height limitations of this Chapter provided their location is not in the required yard unless otherwise expressly regulated by this Chapter.

(Ord. 2017-002, 4/25/2017)

A.

On Corner Lots.

1.

Front yards are required on both street frontages, and one yard other than front yards shall be deemed to be a rear yard, and the other (or others) side yards.

2.

No obstructions to vision exceeding 30 inches in height above the curb level shall be erected or maintained within a 75-foot clear sight triangle formed by the center line of intersecting streets.

B.

Front Yard Exception. No proposed dwelling need have a setback line greater than the average of the two existing dwellings with the greatest setback located within 200 feet on each side of the said proposed dwelling, on the same side of the street, within the same block, and the same district. However, in no event shall the front yard be less than ten feet.

C.

Projections into Required Yards.

1.

Cornices, canopies, eaves, or other architectural features located at least eight feet above ground level may project into side yards a distance not exceeding two inches per one foot of side yard width, but may not exceed a total of three feet.

2.

Bay windows, balconies, fireplaces, uncovered stairways and necessary landings, and chimneys may project a distance not exceeding 42 inches.

3.

Patios and decks may be located in side and rear yards provided they are located not closer than ten feet to any adjacent property line.

D.

Existing Small Lots. A lot owned individually and separately and separated in ownership from any adjoining tracts of land on the effective date of this Chapter and subsequent amendments which has a total lot area or lot width less than prescribed in this Chapter, may be used provided such lot shall be developed in conformity with all applicable district regulations other than the minimum lot area, lot width and side yards. Existing small lots meeting the above stipulations shall comply with the following:

1.

Side yards shall be a minimum of eight feet.

2.

Rear yards shall be a minimum of ten feet.

3.

Front yards shall be in accordance with Section 39-302.B, and other applicable sections of this Chapter.

E.

Through Lots. Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages. However, in the event of a complete system of through lots that are designed for reversed frontage, the front yard need only be along the more minor street of the subdivision.

F.

Waiver of Yards. No side yard or rear yard shall be required where such yard abuts an operating railroad right-of-way.

G.

Multiple Buildings. Land development proposing multiple buildings or uses shall be designed so as to be subdividable in compliance with all applicable Township ordinances.

(Ord. 2017-002, 4/25/2017)

A.

A land use permit shall be required for the installation or construction of a private outdoor above or below ground swimming pool on or not on the same lot as the principal residence subject to the following conditions:

1.

Such pool may be erected in the required rear or side yard, but not in the front yard.

2.

The water edge of such pool shall not be located nearer than 15 feet to any lot line. Associated decking shall not be located nearer than ten feet to any lot line.

3.

Pools shall be subject to the rules and regulations of the Statewide Building Code with regard to permits and fencing.

(Ord. 2017-002, 4/25/2017)

A.

Schedule of Parking Permits. Accessory off-street parking spaces shall be provided for any use as specified below. For all types of dwellings, no less than two parking spaces shall be provided on the lot for each family or dwelling unit. Additionally, whenever more than two persons who are not related by birth, legal marriage, adoption or other domestic bond, occupy a dwelling unit, then no less than three parking spaces shall be provided for each such dwelling unit. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed shall be determined by the Board of Supervisors upon consideration of all factors entering into the parking needs of each such use.

B.

Areas Computed as Parking Spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport, or other area available for parking, other than a street or driveway. However, a driveway within a required front yard of a one-family or two-family residence may count as up to two parking spaces.

C.

Size of Space. Minimum parking stall width shall be ten feet, minimum length shall be 20 feet. All parking aisles shall have a minimum width of 25 feet.

D.

Large Parking Areas. Parking areas in excess of ten spaces shall be landscaped in accordance with the requirements of Section 31-908 of Chapter 31 of this Code.

E.

Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least two ten-foot lanes and, in the case of proposed one-way traffic entrances and exits, no less than one 12-foot wide lane. No entrance or exit for any off-street parking area shall be located within 100 feet of any street intersection unless approved by the Township Supervisors. Traffic controls including, but not limited to, signs and pavement striping shall be provided as required by any approved land development plan or land use permit. The applicant shall be responsible for all traffic control installation and maintenance.

F.

Drainage and Surfacing. All open parking areas of more than five spaces shall be surfaced with an impervious, durable and dustless surface and shall be so graded and drained to dispose of all surface water anticipated within the area, in a manner so that no downstream property experiences an increase of storm water runoff in excess of that experienced prior to the construction of the parking area. Any parking area located within the Highway Commercial/Light Industrial District shall be surfaced with asphalt or concrete.

G.

Joint Facilities. Required parking spaces, open or enclosed, may be provided in space designed to serve jointly two or more establishments whether or not located on the same lot or structure, provided that the number of required spaces in such joint facilities shall not be less than the total required for all such establishments. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when other use or uses is not or are not in operation, the Board of Supervisors may reduce the total parking spaces required for that use with the greater requirement.

H.

Off-Site Facilities. All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same zone lot as the use to which such spaces are accessory. Except that such spaces may be provided elsewhere but shall be provided within a radius of no greater distance than 250 feet from that zone lot, and provided further, that required spaces are provided off the site in accordance with the provisions set forth herein and that such space shall be maintained for the use to which they are accessory and shall be subject to deed restrictions filed in an office of record, binding to the owner and his heirs and/or assigns to maintain the required number of spaces available throughout the life of such use, and such spaces shall conform to all regulations of the district in which they are located.

I.

Minimum Distances. No off-street parking shall be closer than five feet to the front of the principal building, ten feet to any side or rear lot line, 20 feet from any street right-of-way line, or 20 feet from any adjoining residential property boundary or residential district boundary.

J.

Lighting. Parking lots may be illuminated by floodlights or spotlights that are shielded so there is no direct light transmitted to other properties or public rights-of-way. The level of illumination shall not be excessive and shall be such that it does not present a safety or traffic hazard or a nuisance to the general public. Lighting shall comply with the standards set forth in Section 39-311.D. regarding glare. A professionally prepared lighting plan, illustrating levels of illumination across the subject property and beyond property lines, may be required by the Township in any instance where it deems such plan to be in the best interest of the public health, safety and welfare.

(Ord. 2017-002, 4/25/2017)

A.

Off-street loading berths, open or enclosed, are permitted accessory uses to any use other than residential subject to the following minimum provisions:

1.

Size of Spaces. Each loading berth shall be at least 12 feet wide, 66 feet long and shall provide a minimum of 16 feet of vertical clearance.

2.

Location and Access. Unobstructed access, at least 20 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. The Board of Supervisors may require at its discretion a width greater than 20 feet. All permitted or required loading berths shall be on the same lot as the use to which they are accessory. No entrance or exit for any off-street loading area shall be located within 100 feet of any street intersection unless approved by the Township Supervisors. No off-street loading berth shall be located in any front yard or within ten feet of any side or rear yard which adjoins a residential district boundary or residential use.

(Ord. 2017-002, 4/25/2017)

A.

Where a land use permit has been issued for the construction or alteration of a single-family residential dwelling, one mobile home or travel trailer may be located onsite and occupied as temporary living quarters for the resident(s) for a period not to exceed six months. Said period may be extended for one additional six-month period if it can be demonstrated to the Township's satisfaction that justifiable circumstances require said extension. Said residence shall be situated upon the lot for which the land use permit has been issued provided all applicable building setback requirements are met.

B.

The storage of dismantled or non-operable vehicles, as defined in this Chapter, exclusive of agricultural equipment, in a residential district or adjacent to an existing residential use, for longer than 30 days, shall be effectively screened from the street and from all neighboring residential properties. Screening shall be subject to approval by the Township Zoning Officer. No more than two such vehicles shall be stored outside at any time. The storage of any such additional vehicles shall be only in enclosed buildings.

(Ord. 2017-002, 4/25/2017)

A.

No-impact home-based businesses, as defined in Part 13 of this Chapter, shall be permitted by right in all residential zoning districts in accordance with Section 603(1) of the Pennsylvania Municipalities Planning Code (P.L. 805, Act No. 247, as amended).

B.

Upon application to and approval by the Zoning Officer, all other types of customary home occupations (except for those uses specified in subsection 3.i below) are permitted as an accessory use subject to the following provisions:

1.

Where Permitted. Within a single-family detached dwelling unit or in a building or other structure accessory to the dwelling unit located in any district and provided not more than two persons in addition to those persons residing in said dwelling are employed or working in the home occupation. There shall be no limit on the amount of square footage within the house dedicated for use by the home occupation. However, no more than 600 total square feet of any accessory structure(s) shall be utilized for the home occupation (including storage purposes).

2.

Evidence of Use. Does not display or create outside the building any evidence of the home occupation, except that one unanimated, flat or freestanding sign having an area of not more than six square feet shall be permitted on each street front of the lot on which the building is situated. There shall be no waste generated beyond the typical demands of the residential use. All garbage shall be collected and removed at least once a week. There shall be no outdoor storage of materials associated with the home occupation. The home occupation shall meet all performance standards of this Chapter. In a rental situation, the applicant shall provide written evidence of the property owner's approval of the home occupation. Should the home occupation require access over another person's property, written permission from the affected property owner(s) and an executed easement or right-of-way agreement among the affected parties shall be required.

3.

Permitted Uses.One of the following customary home occupations shall be permitted for a single-family detached dwelling provided all off-street parking standards and any other requirements are in compliance.

a.

Medical, dental, or other professional office or studio.

b.

Rooming and/or boarding of not more than four persons.

c.

Custom tailoring.

d.

Barber shop or beauty parlor.

e.

Tutoring.

f.

Daycare/babysitting service.

g.

Catalog sales.

h.

Bed and breakfast.

i.

Any similarly related customary home occupation, which is clearly incidental to the residential use of the premises and neighborhood, shall be approved only upon review as a conditional use by the Board of Supervisors subject to any and all conditions imposed as a result of information presented as part of the application and testimony offered at the required public hearing.

(Ord. 2017-002, 4/25/2017)

A.

Whenever a developer or property owner proposes to provide land or structures for the benefit of only particular homeowners of a project such as usable open space and active play areas, a homes association shall be established in accordance with the following provisions:

1.

The homes association shall be established as an incorporated organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically a member, and each lot is automatically subject to a charge for a proportionate share of expenses for the organization's activities. Additionally, specific provisions shall be established which define completely all membership requirements of all non-lot owners in the event rental units are included in the project.

2.

The homes association's declaration of covenants, conditions, and restrictions shall as a minimum establish the following:

a.

Property rights including the owner's easements of enjoyment and delegation of use.

b.

Membership and voting rights including a distinction between membership classes.

c.

Covenant for maintenance assessments including the creation of the lien and personal obligation of assessments, purpose of assessments, the maximum annual assessment, special assessments for capital improvements, uniform rate of assessment, due dates, effect of non-payment of assessments, and subordination of the lien to mortgages.

d.

Architectural and exterior maintenance control.

e.

General provisions including enforcement, amendments, and property transfer procedures.

3.

The developer or property owner shall assume all responsibilities for the homes association until 75 percent of the dwelling sites are sold or until such time as the homeowners formally assume such responsibility. Once the homes association is established, the developer or property owner shall be responsible for payment of dues to the homes association for lots which he owns.

4.

Staged Developments. If the developer or property owner proposes to construct the project over a period of separate stages, the homes association shall also be staged consistent with the development time schedule.

5.

Approval. The Township Supervisors shall retain the right to review and approve the articles of incorporation and all declarations of covenants, conditions, and restrictions of the homes association. (For the sake of consistency within the Township, it is recommended that the United States Department of Housing and Urban Development, Federal Housing Administration's Suggested Legal Documents for Planned Unit Developments, FHA Form 1600 and VA Form 26-8200 be consulted.) Copies of any subsequent proposed amendments shall also be provided to the Township Supervisors who retain the right to review and approve said amendments.

6.

In the event a homes association is used to service any portion of the development, there shall be a statement under separate heading on the final subdivision or land development plan advising of its existence and responsibilities, and that the responsibilities being assumed by the association are covenants running with the land and primarily and ultimately the proportionate responsibility/liability of each individual lot owner served by the association.

(Ord. 2017-002, 4/25/2017)

A.

General.

1.

Purpose. This Section is intended to: promote and maintain overall community aesthetic quality; establish time, place and manner of regulations for the exercise of free speech, without regulating content; promote traffic safety by avoiding distractions and sight distance obstructions; and protect property values and ensure compatibility with the character of neighboring uses.

2.

Permit Required. A zoning permit shall be required for all signs except for: (a) signs meeting the requirements of this section enumerating miscellaneous signs not requiring permits and (b) non-illuminated window signs constructed of paper, poster board or similar materials that are not of a permanent nature. Only types, sizes and heights that are specifically permitted by this Section within the applicable district shall be allowed.

3.

Changes on Signs. Any lawfully existing sign (including legally nonconforming signs) may be painted or repaired or changed in logo or message without a new permit under this Section, provided that the changes do not increase the sign area or otherwise result in noncompliance or an increased non-conformity with this Section.

B.

General Regulations for All Signs.

1.

Signs must be constructed of durable material and maintained in good condition.

2.

No sign shall be maintained within the Township in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down, which is illegible, or has loose parts separated from original fastenings.

3.

Whenever a sign becomes structurally unsafe or endangers the safety of the building or premise, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign shall be made safe or removed within five days.

4.

Signs painted upon or displayed upon a barn or other building or structure shall be regarded as a flat wall sign and the regulations pertaining thereto shall apply.

5.

Each sign shall be removed within 30 days following the date when the circumstances leading to its erection no longer apply.

6.

Signs may be interior lighted with non-glaring lights, or may be illuminated by floodlights or spot lights that are shielded so there is no direct light transmitted to other properties or public rights-of-way.

7.

Internally illuminated signs, designed to give forth artificial light directly or through transparent or translucent material from a source of light within such sign, unless otherwise prohibited, will be permitted providing that the light being emitted from the sign shall not cause a glare or emit light onto the surrounding area.

8.

Flashing, blinking, strobe, twinkling, or moving signs shall be prohibited, except that displays of time and temperature may be permitted. No advertising sign shall be erected or maintained which involves rapid motion or rotation of the structure or any part thereof with the following exceptions: changeable message signs (CMS) and smartboard technology signs are permitted per the requirements of this Chapter. In addition, flashing lights visible from a street shall not be used to attract attention to a business. This restriction specifically includes window signs, but does not prohibit seasonal holiday lighting or displays that comply with this Part.

9.

No sign shall be located so as to interfere with visibility for motorists at street or driveway intersections or any required clear sight triangle.

10.

No sign located within 300 feet of any traffic light shall be illuminated with red, green, or yellow lights.

11.

All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters.

12.

Signs must be positioned so that they do not interfere with any clear sight triangle as defined herein;

13.

No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.

14.

No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger.

15.

No sign shall be permitted attached to public utility poles or trees that are within the right-of-way of any street.

16.

Within any identified 100-year floodplain, no freestanding sign shall be permitted and no wall-mounted sign shall exceed six square feet.

17.

In the event that a symbol, trademark or other such figure is used as a sign post or standard which could be construed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area.

18.

Only those signs referring directly to services, materials or products made, sold, or displayed on the premises shall be permitted, except as otherwise provided in this Part.

19.

Except for flat wall signs, no point of any sign, including trim, border and supports, shall be located within ten feet of any property line or street right-of-way.

20.

No sign shall emit smoke, visible vapors or particles, sound or odors.

21.

No sign shall contain information that states or implies that a lot may be used for any purpose not permitted under the applicable provisions of this Chapter.

22.

No signs shall be of such character, form, shape or color that they imitate or resemble any official traffic sign, signal or device or that have any characteristics which are likely to confuse or distract the operator of a motor vehicle on a public street.

23.

No sign shall display words or images that are obscene or pornographic.

24.

Any sign attached to a building shall not be placed on the roof, be higher than the wall to which it is attached, or located on a parapet wall.

25.

No point of a wall projecting sign shall be located less than eight and one-half feet above the grade directly below the sign.

26.

No sign shall be affixed to any motor vehicle or trailer in such a manner that the carrying of such sign is no longer incidental to the vehicle's primary purpose. Motor vehicles and trailers shall be used primarily for purposes other than stationary signage.

27.

No sign or sign structure shall constitute a hazard to public safety or health, including a sign that fails in the determination of the Zoning Officer to properly shield its light source from providing unacceptable glare to a neighboring property or the public street.

28.

No sign shall by reason of size, location, content, coloring or manner of illumination, obstruct the vision of drivers, either when leaving or entering a roadway from another roadway or driveway, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads.

29.

No signs shall make use of words such as "stop," "look," "one-way," "danger," "yield" or any similar words, phrases, symbols, lights or characters in such a manner as to interfere with, mislead or confuse traffic.

30.

No sign located on public property or a public right-of-way shall bear any commercial advertising or announcement.

31.

No sign shall be painted on, attached to or supported by a tree, stone, cliff or other natural object.

32.

Nothing in these regulations shall be construed as prohibiting signs intended for viewing principally from within a building or signs temporarily attached to the inside face of a display window, announcing a sale or similar feature, provided that the latter shall not occupy more than 33⅓ percent of the total display window area for a period not to exceed ten days.

C.

Determination of Size of Sign Area.

1.

The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape that encompasses all of the letters and symbols.

2.

Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign; provided, however, for a double-face sign, if the interior angle formed by the two faces of the double-face sign is less than 45 degrees and the two faces are at no point no more than three feet from one another, the area of only the larger face shall be used to determine the sign area.

D.

Signs Not Regulated by This Part.

1.

Historic Sign. A sign that memorializes an important historic place, event or person and that is specifically authorized by the Township or County, State or Federal agency.

2.

Holiday Decorations. Decorations that commemorate a holiday recognized by the Township, County, State or Federal Government and that does not include advertising.

3.

Not Readable Sign. A sign that is not readable from any public street or any exterior lot line.

4.

Official Sign. A sign erected by the State, County, Township or other legally constituted governmental body, or specifically authorized by Township ordinance or resolution, and which exists for public purposes, such as but not limited to, identifying public transit stops.

5.

Required Sign. A sign that only includes information required to be posted outdoors by a government agency or the Township.

6.

Right-of-Way Sign. A sign posted within the existing right-of-way of a public street and officially authorized by the Township or PennDOT.

7.

Miscellaneous Signs. Including, but not limited to, athletic field advertising signs, Christmas tree sale signs, charitable special event signs, contractor signs, flags, garage/yard sale signs, resident identification signs, open house signs, political signs, public services signs, real estate signs, off-premise service organization or place of worship signs, temporary special sales or grand opening signs or banners, no trespassing/hunting/fishing signs.

E.

Freestanding, Wall and Window Signs. The following signs are permitted within the specified zoning districts, in compliance within the following regulations. In addition, "Exempt Signs" and "Temporary Signs" are permitted in all districts by other provisions of this Section.

See footnotes at the end of the table.

* In non-residential districts, the following additional signs shall be allowed:

a.

A maximum of one projecting sign shall be permitted per business, provided:

1)

Such sign has a minimum clearance over the sidewalk of eight and one-half feet (unless a different standard is established by the Building Code).

2)

Has a maximum sign area on each of two sides of eight square feet, and

3)

Is securely attached to the building.

b.

A maximum of one sidewalk sign (or "sandwich board sign") shall be permitted per business provided:

1)

Such sign has a maximum sign area of eight square feet on each of two sides, has a maximum separation width of three feet, and has a maximum height of four feet.

2)

Such sign is taken indoors during all hours when the business is not open to the public.

3)

Such sign is not in a location that would interfere with pedestrian traffic, emergency access or parking spaces and retains a four feet wide minimum clear path for pedestrians, and such sign is kept as close to the building as is feasible.

4)

Such sign is attractive, well-maintained and durably constructed.

5)

Such sign is only allowed for a restaurant or retail sales use.

** If the permitted freestanding sign area is not used, such sign area may be added to the permitted wall sign area. An auto service station may also include an additional 24 square feet of sign area to display fuel prices.

*** If a lot includes three or more distinct non-residential establishments, then along a single street, the maximum freestanding sign area may be increased to 40 square feet.

**** If a lot includes ten or more distinct non-residential establishments and is adjacent to two or more public streets, then one additional freestanding sign shall be permitted on each of the streets, each with a maximum sign area of 200 square feet.

F.

Placement and Maximum Height of Wall Signs.

1.

A wall sign shall not be placed upon a wall that faces onto a residential zoning district. This shall not prevent the placement of a wall sign on a building side that faces onto an abutting public street.

2.

The maximum height of wall signs shall be equal to the top of a structural wall to which the sign is attached. A sign shall not be attached to a parapet wall or to a pitched or mansard roof, and shall not extend above a roof.

3.

A sign may be placed on canopy over gasoline sales, however, the square footage of such sign shall be included as permitted wall sign area.

G.

Portable Signs (Including "Signs on Mobile Stands") and Other Temporary Signs. Portable signs are prohibited in all districts, except as a temporary charitable event sign complying with this Section and except for a sandwich board sign meeting the requirements of this Section.

H.

Construction of Signs. Every sign (except allowed temporary signs) shall be constructed of durable materials. Every sign shall be kept in good condition and repair. The Zoning Officer shall by written notice require a property owner or lessee to repair or remove a damaged, dilapidated or unsafe sign within a specified period of time. If such order is not complied with, the Township may repair or remove such sign at the expense of such owner or lessee.

I.

Abandoned or Outdated Signs.

1.

Signs advertising a use no longer in existence shall be removed within 90 days of the cessation of such use. If the owner of a property does not remove such sign within 30 days after receiving a written notice from the Zoning Officer, the sign may be removed by the Township at the expense of the property owner.

2.

These time limits shall not apply to a sign intended to be reused with a new sign face serving a building that is clearly temporarily vacant and being offered to new tenants or for purchase.

J.

Location of Signs.

1.

Setbacks.

a.

A sign shall not intrude into or project over an existing street right-of-way, unless specifically authorized by a permit from the Township or PennDOT. The Police Department, Zoning Officer, his/her designee or the owner of a pole or tree shall have the authority to remove and dispose of signs attached to a utility pole or tree. The Board of Supervisors may approve a temporary banner over a street cartway to advertise a charitable event.

b.

Unless specifically stated otherwise, a freestanding sign shall be setback a minimum of five feet from the street right-of-way. Unless specifically stated otherwise, a freestanding sign shall be setback a minimum of ten feet from a lot occupied by a primarily residential use.

c.

These setbacks shall not apply to Official Signs, Identification Signs on mailboxes, public service signs and directional signs.

2.

Sight Clearance. No sign shall be so located that it interferes with the sight clearance requirements of this Chapter.

3.

Off-Premises. No signs except permitted off-premise, official, or public service signs shall be erected on a property to which it does not relate.

4.

Permission of Owner. No sign shall be posted on any property or sign pole or public utility pole, unless permission has been received from the owner.

K.

Changeable Message Signs (CMS). CMS's shall be permitted along any Interstate Highway or State Highway. CMS's may not include lighting devices forming part of the message or border, video or scrolling messages. When a message is changed, it must be accomplished within an interval of two seconds or less. CMS must contain a default design that will freeze the sign in one position if a malfunction occurs. Smartboard technology signs are a form of CMS. In addition to the requirements above, smartboards may not incorporate animation in the copy or change of copy.

L.

Off-Premise Outdoor Advertising Signs.

1.

Purposes. Off-premise outdoor advertising signs (hereafter "off-premise signs") are regulated by this Part for the following purposes, to: prevent visual pollution and protect property values, especially in consideration of the fact that most commercial areas of the Township are within close proximity to existing residences; prevent glare on adjacent property and streets; avoid the creation of additional visual distractions to motorists, especially along busy arterial streets that involve complex turning movements and numerous traffic hazards; recognize the numerous alternative forms of free speech available in the Township including existing nonconforming off-premise signs, on-premise signs and temporary signs and printed and electronic media.

2.

Nonconforming Off-Premise Signs This section is not intended to require the removal of an existing lawfully-placed off-premise sign that is in structurally sound condition.

3.

PennDOT Sign. Signs erected and maintained by PennDOT are permitted by right in all Districts. Applicants seeking to erect a sign subject to PennDOT permitting along a State or Federal highway shall be responsible to secure said permit and shall be subject to all conditions thereof in addition to any Township requirements.

4.

Permitted Off-Premise Signs.

a.

District. An off-premise sign is only permitted in the C-I District.

b.

Location. An off-premise sign shall be set back a minimum of 35 feet from all street rights-of-way, 25 feet from all non-residential zoning district lot lines, and 200 feet from all residential district lot lines and all existing dwellings.

c.

Maximum Sign Area. 120 square feet.

d.

Spacing. Any off-premise sign shall be separated by a minimum of 1,000 feet from any other off-premise sign, including signs on either side of a street and including existing signs in other municipalities. No lot shall include more than one off-premise sign.

e.

Maximum Height. 35 feet above the elevation of the adjacent street or highway, measured at the street or highway centerline.

f.

Attached. No off-premise sign or sign face shall be attached in any way to any other off-premise sign, except that a sign may have two sign faces of 120 square feet each if they are placed approximately back-to-back.

g.

Control of Lighting and Glare. See standards in this Chapter.

h.

The sign shall be maintained in a good and safe condition. The area around the sign shall be kept free of debris.

M.

Permits to Build New Permanent Signs or Alter or Move Existing Permanent Signs.

1.

No permanent sign shall hereafter be erected, structurally altered or moved until the person proposing to erect, alter or move such sign shall have obtained a permit from the Zoning Officer. Such permit shall be issued only when the Zoning Officer is satisfied that such sign will, in every respect, comply with all the applicable provisions of this Chapter. The fee for granting such a permit shall be as per the schedule of officially approved fees.

2.

Any person desiring such a permit shall file an application on a form that shall contain or have attached thereto the following information:

a.

The name, address and telephone number of the applicant.

b.

A map showing the location of the building, structure or lot to which the sign is to be attached or erected and showing the position of the sign in relation to nearby buildings and thoroughfares; such a map must be to scale.

c.

A plan showing the design of the sign, materials used and method of construction and means of attachment to the building or the ground; such plans must be to scale.

d.

The name of the person, firm, corporation or association erecting, altering or moving said sign.

e.

The written consent of the owner of the land on which the sign is to be erected, altered or relocated.

f.

Any land use permit required and issued for said sign under municipal ordinance.

g.

Any other information as the Zoning Officer shall require in order to show full compliance with this Chapter and all other applicable laws of the Township.

N.

Permits for Temporary Signs.

1.

All temporary signs as they are defined in this Chapter, except those signs enumerated as miscellaneous signs not requiring a permit, must have a permit.

2.

Application for a permit for a temporary sign shall be made on a form provided by the Zoning Officer. A permit for temporary signs must be kept on the premises where signs are displayed and must be shown to the Zoning Officer at request.

3.

The size, content and location of a temporary sign may be varied at any time so long as the variations remain within the overall restrictions of this Chapter.

4.

Permits for temporary signs are valid for 60 days but may be renewed for one additional period for 30 days.

(Ord. 2017-002, 4/25/2017)

A.

Compliance with the following standards in addition to the applicable requirements contained elsewhere in this Chapter shall be required for retail/professional centers.

1.

Access. There shall be a minimum of two separate points of ingress and egress and no access points shall be located within 100 feet of intersecting streets, unless such points are located directly at an intersection.

2.

Management. A retail/professional center shall be under unified management which shall clearly establish centralized responsibility for the operation and maintenance of the project including all common areas.

3.

Signs.

a.

Individual tenants within a retail/professional center building shall be permitted to utilize one flat sign attached to the front of their respective building space. Said signs shall be uniform and shall not exceed a gross surface area of 15 percent of the façade area of the subject building space, and in no case shall it exceed the maximum area requirements of Section 39-309.E. Said sign shall not extend more than 18 inches beyond the face of the building.

b.

On each road frontage, one freestanding sign designed and used for the purpose of announcing the Center itself, or the Center and its occupants, shall be permitted with a maximum area of 300 square feet, a maximum height of 30 feet above the elevation of the adjacent street or highway, measured at the street or highway centerline, a setback equal to the height of the sign, and in compliance with all other applicable provisions of Section 39-309. Said sign shall not be located in any road right-of-way nor closer than ten feet to any building. Said requirements shall apply to signs identifying and/or announcing the occupants of retail/professional centers, business parks and similar entities.

c.

Individual tenants within their own separate building shall be permitted one freestanding sign in addition to the permitted flat sign allowed for all individual tenants in 39-310.A.3.a. Said freestanding sign shall be in accordance with the size requirements of Section 39-309.E. Said sign shall not be located in any road right-of-way nor closer than ten feet to any building. Such sign shall also be designed to be architecturally compatible with the overall theme of the retail/professional center.

4.

Parking and Loading. There shall be a minimum of 4.5 parking spaces for every 1,000 square feet of floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors measured from the center line of joint partitions and from outside wall faces; commonly referred to as gross leasable area (GLA). Parking shall be prohibited adjacent to store entrances in order to maintain the unimpeded circulation of pedestrians and vehicles. Loading berths shall be located in areas removed from general pedestrian and vehicle circulation.

5.

Circulation. Traffic circulation within a retail/professional center project shall be designed to minimize pedestrian and vehicular mixing and congestion. Circulation shall be provided along the outer perimeters and along store entrances.

(Ord. 2017-002, 4/25/2017)

No land or building in any district in the Township shall be used or occupied for any purpose in such a manner so as to create any dangerous or objectionable elements in such amount as to adversely affect the surrounding area or premises. All uses of land or buildings shall initially and continuously comply with all applicable performance standards established by Federal and State agencies. Performance standard determination shall be administered in accordance with subsection G below. Where provisions of this section impose greater restrictions than those of Federal or State agencies, the provisions of this Chapter shall prevail, with the exception of agriculture, forestry and surface mining operations. When provisions of State and Federal agencies exceed the provisions of this Section, the provisions of such State and Federal agencies shall prevail.

A.

Noise. The sound level of any operation or activity shall not exceed the decibel levels of the preferred frequencies cited below or as modified or exempted. The sound-pressure level shall be measured with an octave bank analyzer calibrated in the preferred frequencies conforming to the specifications Published by the American Standard Association (preferred Frequencies for Acoustical Measurements, SI 6-1960 American Standards Association).

1.

Standards. At no point on the property line of the owner of any operation or activity shall the sound-pressure level resulting from any operation or activity exceed the maximum permitted sound levels set forth below or expressly waived in subsection 2 below.

2.

Waivers. The following sources of noise are exempt.

a.

Transportation vehicles not owned or operated by the property owner, a tenant or employee.

b.

Occasionally used safety signals, warning devices and emergency pressure-relief valves.

c.

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

B.

Vibration. No use shall cause vibrations exceeding the maximum values specified in this section. The maximum vibration is given as particle velocity which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used.

PV = 6.28 F × D where

PV = Particle velocity, inches per second

F  = Vibration frequency, cycles per second

D  = Single amplitude displacement of the vibration inches

Particle velocity shall be the vector sum of three individual components measured simultaneously in three mutually perpendicular directions.

Where the vibration is produced as discrete impulses and such impulses do not exceed a frequency of 60 per minute, then the values in this table may be multiplied by two.

C.

Heat. No heat from any use shall be sensed at any property line to the extent of raising the temperature of air or materials more than one degree Fahrenheit.

D.

Glare. No operation or activity producing glare shall be conducted so that direct light from the source shall cause illumination in excess of 0.5 foot candles when measured at the property line.

E.

Drainage. No stormwater or natural drainage which originates on the property or water generated by the activity, e.g., air conditioners, swimming pools, shall be diverted across property lines unless transported in an approved or existing drainage system.

F.

Air Pollution.

1.

A person, partnership, corporation or association may not cause on any land or permit on land owned by him, the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person on whose land the source is being operated. For purposes of this section, malodor is an odor which causes annoyance or discomfort to the public and which the Township determines to be objectionable to the public.

2.

Ambient air quality standards have been established by the Commonwealth of Pennsylvania. In order to minimize overlapping regulations, the Township adopts these standards as its own. However, to govern situations of a localized nature, the following additional regulations are provided.

a.

Odor. Odor threshold is defined as the lowest concentration of odorous matter that produces an olfactory response in normal human beings. Odor thresholds shall be measured in accordance with ASTM d 193-57 "Standard Method for Measurement of Odor in Atmosphere (Dilution Method)" or its equivalent.

i.

Odorous material released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation.

ii.

Should any such odorous material contain toxic material, such airborne toxic matter shall not exceed one-thirtieth of the odor threshold at the appropriate points of measurement.

b.

Smoke. For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart published by the U.S. Bureau of Mines shall be used.

G.

Application of Performance Standards.

1.

Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this Chapter that;

a.

Where determinations can be made by the Township Zoning Officer or other Township employee using equipment normally available to the Township or obtainable without extraordinary expense, such determination shall be so made before notice of violation issued.

b.

Where technical complexity or extraordinary expense makes it unreasonable for the Township to maintain the personnel or equipment necessary for making difficult determinations, procedures shall be available for causing determinations of apparent violations of performance standards, protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and protecting the general public from unnecessary costs for administration and enforcement.

2.

If the Township Zoning Officer finds after making determinations in the manner set forth in this Chapter, that there is violation of the performance standards set forth herein, he shall take or cause to be taken lawful action to cause compliance with the limits established by such performance standards. Failure to obey lawful orders concerning such corrections shall constitute a violation of this Chapter.

3.

If in the considered judgment of the Township Zoning Officer, there is probable violation of the performance standards set forth herein, the following procedures shall be followed:

a.

The Township Zoning Officer shall give written notice, by certified mail, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Township Zoning Officer believes there is a violation and shall require an answer or correction of the alleged violation to the satisfaction of the Township Zoning Officer within a time limit set forth by the Township Zoning Officer. The notice shall state, and it is hereby declared, that failure to reply or correct the alleged violation to the satisfaction of the Township Zoning Officer within the time set constitutes admission of violation of the terms of this Chapter. The notice shall state that, on request of those to whom it is directed, technical determinations shall be made as to the existence of the alleged violation and if a violation is determined to exist the cost of such determination shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that, if it is determined that no violation exists, the cost of the determination will be paid by the Township.

b.

If there is no reply within the time limit set but the alleged violation is corrected to the satisfaction of the Township Zoning Officer, he shall note "Violation Corrected" on his copy of the notice and shall retain it among his official records, taking such other action as may be warranted.

c.

If there is no reply within the time limit set and the violation is not corrected to the satisfaction of the Township Zoning Officer within the time limit set, he shall take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.

d.

If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Township Zoning Officer but requesting additional time, the Township Zoning Officer may grant an extension of time if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health or property but is not required to grant such an extension.

e.

If a reply is received within the time limit set requesting technical determination as provided in this Chapter and if the alleged violation continues, the Township Zoning Officer may call in properly qualified experts to make the determinations. If such determinations indicate violation of the performance standards, the cost of the determinations shall be assessed against the person or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of Part 5 of this Chapter.

If no violation is found, the cost of the determinations shall be paid by the Township without assessment against the person or persons involved.

(Ord. 2017-002, 4/25/2017)

A.

Buildings designed for the housing of seasonal laborers and similar farm employees and their families shall be permitted as an accessory use to agricultural operations subject to the following conditions:

1.

Prior to the issuance of a land use permit it shall be required of the owner or his agent to submit to the Township evidence of compliance with Federal and State regulations.

2.

No building for the housing of seasonal or temporary laborers in group quarters shall be located closer than 500 feet to any property line.

3.

Buildings utilized for housing of seasonal or temporary laborers in group quarters shall have a minimum separation distance of 25 feet between buildings and a maximum length of 150 feet.

(Ord. 2017-002, 4/25/2017)

A.

Purposes. In order that the purposes of this Chapter be furthered in an era of increasing urbanization and of growing demand for housing in all types and design; to ensure that the provisions of the Municipalities Planning Code, which are concerned in part with the uniform treatment of the dwelling type, bulk, density, intensity and open space within each zoning district, shall not be applied to the improvement of land by other than lot by lot development in a manner that would distort the objectives of this Chapter; to encourage innovations in residential and non-residential development and renewal so that the growing demand for housing and other development may be met by greater variety in type, design and layout of dwellings and other buildings and structures and by the conservation and more efficient use of open space ancillary to said dwellings and uses; so that greater opportunities for better housing and recreation may extend to all citizens and residents of this Township; and in order to encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that economies secured may ensure to the benefit of those who need homes and for other uses; and, in aid of these purposes, to provide for a procedure which can relate the type, design and layout of residential and non-residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within the existing residential and non-residential areas, and to ensure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.

B.

Eligibility Requirements.

1.

Any application for tentative approval shall as a minimum meet the following requirements:

a.

The proposed planned residential development shall consist of one or more contiguous parcels of land under single ownership.

b.

The proposed planned residential development shall contain a minimum of ten acres of land.

c.

The proposed planned residential development shall be connected to both a public water supply system and sanitary sewer system. Where either a public water or sanitary sewer system cannot be feasibly provided to the planned residential development, the developer shall provide a centralized water supply system and sanitary sewer system to service the entire development.

d.

Planned residential developments shall be permitted to locate only within a residential district.

C.

Land Use Control and Density Requirements.

1.

Residential Uses. All planned residential developments shall consist of single-family detached dwellings and at least one of the following housing styles.

a.

Semi-detached single-family dwellings;

b.

Attached single-family dwellings;

c.

Multiple-family dwellings.

Each type of housing style in a development shall constitute a minimum of 20 percent of the total number of housing units.

2.

Non-Residential Uses. The following non-residential uses may be permitted in a planned residential development to the extent that they are designed and intended primarily to serve residents of the planned residential development and are compatible and harmoniously incorporated into the unitary design of the planned residential development.

a.

Commercial uses such as retail shops or stores, service businesses, and restaurants.

b.

Professional or business office uses, including branch banks.

c.

Institutional uses such as private schools, nursery schools and day care centers, churches, community activity centers, nursing homes, and retirement homes.

d.

Recreational uses such as parks, playgrounds, golf courses, tennis courts, and swimming pools.

3.

Land Use Density. Within the planned residential development, density shall be regulated by the following standards:

a.

Average gross residential density for the total planned residential development site shall not exceed eight dwellings per acre.

b.

The percentage of the planned residential development site to be devoted to common open space shall be no less than 25 percent of the total site area.

c.

The percentage of the planned residential development site which is to be covered by buildings, roads, parking areas, and other impermeable cover shall not exceed 30 percent of the total site area.

d.

Areas for non-residential, non-recreational use shall not exceed the following:

Ten to 50 acres—No commercial uses—Other non-residential uses ten percent of site area

50 to 100 acres—Ten percent of site area

100 to 150 acres—Eight percent of site area

150 to 250 acres—Seven percent of site area

250 acres and up—Six percent of site area

Lot coverage of non-residential buildings shall not exceed 25 percent of the land area designated for non-residential uses.

D.

Site Analysis.

1.

Natural Features Analysis. In order to determine which specific areas of the total planned residential development site are best suited for high density development, which areas are best suited for lower density development, and which areas should be preserved in their natural state as open space areas, the developer shall submit a natural features analysis of the following subject categories:

a.

Hydrology.

b.

Geology.

c.

Soils.

d.

Topography.

e.

Vegetation.

2.

Community Impact Analysis. In order to determine the impact of the planned residential development upon the municipality, in the context of the community development objectives contained herein and the Township Comprehensive Plan, an analysis of the potential effects of the Planned residential development upon public facilities, utilities, and roadway systems shall be required of the developer. Market analysis data which estimates potential market demand for various types of housing in the area of the proposed planned residential development site shall be presented by the developer.

E.

Site Design Requirements.

1.

Residential Uses.

a.

Dwelling unit structures shall be located and interspersed so as to promote pedestrian and visual access to common open space.

b.

Interior yards and/or structural spacing between dwellings and units shall be provided in accordance with the following minimums:

Front to front—60 feet

Front to side—40 feet

Front to rear—60 feet

Side to rear—40 feet

Side to side—15 feet

Rear to rear—50 feet

Corner to corner—10 feet

c.

Dwelling unit structures shall be located and arranged so as to promote privacy for residents within the planned residential development and maintain privacy for residents adjacent to the planned residential development. Structures shall be located within the development so that there will be no adverse impact such as excluding natural light or invading the privacy of adjacent structures.

d.

No building shall be erected to a height in excess of 35 feet provided, however, that this height limit may be increased one foot for each additional foot that the width of each yard exceeds the minimum required and that considerations for fire and other safety features have been adequately accounted for.

e.

No structure shall be located within 20 feet of the right-of-way of minor or private streets.

2.

Non-Residential.

a.

All commercial uses shall be located in a single concentrated area of the Planned Residential Development.

b.

All commercial uses shall be located with direct access to at least a collector street. Other non-residential uses may be required to have similar access.

c.

Commercial signs are permitted subject to the following:

i.

A single sign for the commercial center shall be permitted provided such sign face shall be limited to a height of six feet with a total gross surface area of not more than 120 square feet except where only one surface of such sign is visible. The gross surface area on said surface shall not exceed 60 square feet.

ii.

Signs for individual uses shall be located on the face of structure and shall have no more than 20 square feet in area.

iii.

Other than requirements i and ii above, signs shall be subject to the requirements of this Chapter.

iv.

Other non-residential use signs shall be subject to the requirements of this Chapter.

3.

Streets, Sewer and Water Utilities, Storm Drainage and Soil Erosion Control, Curbs and Gutters and Sidewalks. Streets, sewer and water utilities, storm drainage and soil erosion control, curbs and gutters and sidewalks shall be designed and improved in accordance with the requirements and standards set forth in the Township's Subdivision and Land Development Ordinance performance and maintenance guarantees and subsequent release of guarantees for all required improvements shall be in accordance with the requirements and procedures of the Township's Subdivision and Land Development Ordinance of this Code.

4.

Off-Street Parking and Loading Facilities. Off-street parking and loading facilities shall be in accordance with Sections 39-304 and 39-305 of this Chapter.

5.

Other Utilities.

a.

All streets, off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from adjacent residences.

b.

Telephone, electric, and cable television utilities shall be installed underground.

6.

Tree Conservation and Landscaping.

a.

The protection of trees six inches or more in diameter (measured at a height of four and one-half feet above the original grade) shall be a factor in determining the location of open space, structures, underground utilities, walks, and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible.

b.

Where extensive natural tree cover and vegetation does exist and cannot be preserved on the planned residential development site, landscaping shall be regarded as an essential feature of the planned residential development. In these cases landscaping shall be undertaken in order to enhance the appearance of the planned residential development, aid in erosion control, provide protection from wind and sun, screen street and parking areas, and enhance the privacy of dwelling units.

F.

Ownership, Maintenance, and Preservation of Common Open Space

1.

For the purpose of ownership, maintenance, and preservation of common open space the developer shall establish a Homes Association in accordance with Section 39-308 of this Chapter.

2.

In the event that the organization established to own and maintain a common open space or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the Planned Residential Development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable value of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Township, upon its initiative or upon the request of the organization heretofore responsible for the maintenance of the common open space shall call a public hearing upon notice to such organization, or to the residents and owners of the planned residential development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Township shall determine that such organization is unable to maintain such open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

3.

The cost of such maintenance by the municipality shall be assessed rateably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a lien on said properties. The municipality, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the County Prothonotary, upon the properties affected by the lien within the planned residential development.

4.

Public Dedication of Common Open Space. An offer of dedication of common open space made by the developer in the development plan, before the establishment of any organization responsible for open space areas, and if accepted by resolution or ordinance by the Township shall constitute a fulfillment of responsibility for providing and maintaining common open space areas.

G.

Development Stages.

1.

A planned residential development may be developed in stages if the following standards are met:

a.

The location and approximate time of construction of each stage are clearly marked on the development plan.

b.

At least 15 percent of the dwelling units in the development plan are included in the first stage.

c.

At least 50 percent of the dwelling units in any stage shall be completed before any commercial development shown in that stage shall be completed.

d.

The second and subsequent stages are completed consistent with the development plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than 15 percent of the dwelling units included in the development plan.

e.

To encourage flexibility of housing density, design, and type in accord with the purposes of this Chapter, gross residential density may be varied from stage to stage. A gross residential density in one stage which exceeds the permitted average gross residential density for the entire planned residential development must be offset by a gross residential density in a subsequent stage which is less than the permitted average gross residential density for the entire planned residential development.

H.

Procedural Requirements—Application for Tentative Approval.

1.

The application for tentative approval shall be submitted by or on behalf of the landowner to the Township Secretary in accordance with the preliminary plan requirements of the Township Subdivision and Land Development Ordinance.

2.

The application for tentative approval shall in addition to the plans and supporting data required in Township Subdivision and Land Development Ordinance and this Part contain the following:

a.

The proposed land use areas within the Planned Residential Development, distinguishing between types of residential, non-residential, and open space uses.

b.

The land use density of each land use within the planned residential development and the average gross residential density for the entire planned residential development.

c.

The use and approximate height, bulk, and location of buildings and other structures.

d.

The location, function, size, ownership, and manner of maintenance of the common open space.

e.

The substance of covenants, grant of easements, or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or easements for common open space areas and public utilities, and the legal form of provisions thereof.

f.

In the case of plans which call for development in stages, a schedule showing the approximate time within which applications for final approval of each stage of the planned residential development are intended to be filed and the approximate number of dwelling units, types of dwelling units, and gross residential density for each type of dwelling unit planned for each stage. The schedule shall be updated annually on the anniversary of submission for tentative approval.

g.

Site plans shall be drawn at a scale no smaller than one inch to 100 feet.

h.

Copies of the site plan supporting data included in the tentative approval application shall be submitted to the applicable agencies as required for preliminary plan approval in the Township Subdivision and Land Development Ordinance for review and comment.

3.

Public Hearings.

a.

Within 60 days after the filing of a complete application for tentative approval of a planned residential development pursuant to this Chapter, a public hearing pursuant to public notice on said application shall be held by the Township. The Chairman, or in his absence, the acting Chairman, of the Supervisors, may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine adverse witnesses.

b.

A verbatim record of the hearing shall be caused to be made by the Township whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such a record shall be borne by the party requesting it and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.

4.

Findings.

a.

The Township shall, by official written communication to the landowner, within 60 days following the conclusion of the public hearing pursuant to this Chapter:

i.

Grant tentative approval of the development plan as submitted;

ii.

Grant tentative approval subject to specified conditions not included in the development plan as submitted; or

iii.

Deny tentative approval to the development plan.

b.

Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval subject to conditions, is granted, the landowner may, within 30 days after receiving a copy of the official written communications of the Township, notify such agency of his refusal to accept all said conditions, in which case, the Township shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the township of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

c.

The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communications shall set forth with particularity in what respects the development plan would or would not be in the public interest including but not limited to findings and conclusions on the following:

i.

In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Township.

ii.

The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk, use, and the reasons why such departures are or are not deemed to be in the public interest.

iii.

The purpose, location, and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.

iv.

The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light, air, recreation, and visual enjoyment.

v.

The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.

vi.

In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and the residents of the planned residential development in the integrity of the development plan.

d.

In the event a development plan is granted tentative approval, with or without conditions, the Township shall set forth in the official written communication the time within which an application for final approval of the development plan shall be filed, or, in the case of a development plan which provides for development over a period of years, the period of time within which applications for final approval of each part thereof shall be filed. Except upon consent of the landowner, the time so established between grant of tentative approval and the application for final approval shall not be less than three months and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall not be less than 12 months.

I.

Status of Plan After Tentative Approval.

1.

The official written communication provided for in Section 39-313.H.4 of this Chapter shall be certified by the Secretary of the Township and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the zoning map.

2.

Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording or authorize development or the issuance of any land use permits. A development plan which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed or, in the case of development over a period of years, provided applications are filed, within periods of time specified in the official written communication granting tentative approval.

3.

In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the official review agency in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances, otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the zoning map and in the records of the Township Secretary.

J.

Application for Final Approval.

1.

An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the Township Secretary and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.

2.

The application for final approval shall be in accordance with the design and improvement requirements for final plans contained in Chapter 31 of this Code at a scale not smaller than one inch to 50 feet. In addition, the following information shall be required:

a.

Total acreage of development, land uses in each area, total number of dwelling units, number of each type of dwelling unit, average gross residential density, and gross residential density in each section.

b.

Building coverage lines accurately locating all types of dwelling units, and non-residential structures, giving dimensions of the structures, distances between the structures, distances to street rights-of-way and parking areas, with distances accurate to the nearest foot.

c.

Accurate dimension of common open space areas specifically indicating those areas to be preserved in their natural state and those areas to be developed for active recreation. Where common open space areas are to be developed, the location of structures in common open space areas shall be illustrated.

d.

In the case of a planned residential development proposed to be developed over a period of years, final plan requirements will apply only to the section for which final approval is being sought. However, the final plan presented for the section to be developed must be considered as it relates to information regarding densities and types of dwelling units, location of common open space, sanitary sewer and water distribution systems, and street systems presented for the entire development in the application for tentative approval.

e.

Architectural drawings illustrating exterior designs of each type of typical dwelling unit and non-residential structures to be constructed.

f.

All covenants running with the land governing the reservation and maintenance of dedicated or undedicated open space land. These shall bear the certificate of approval of the Township Solicitor as to their legal sufficiency.

g.

Restrictions of all types which will run with the land and become covenants in the deed of lots shown on the final plan.

h.

Such certificates of approval by authorities as have been required by the Township including certificates approving the water supply system and sanitary sewer system.

K.

Guarantee of Improvements. The guarantee of improvement construction and completion shall be as set forth in Part 8 of Chapter 31 of this Code or any amended article pertaining to the guarantee of improvements.

L.

Procedures After Application for Final Approval.

1.

In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, as required by the ordinance and the official written communication of tentative approval, the Township Supervisors shall, within 45 days of such filing, grant such development plan final approval.

2.

In the event the development plan as submitted contains variations from the development plan given tentative approval, the Township Supervisors may refuse to grant final approval and shall, within 45 days from thin filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may:

a.

Either refile his application for final approval without the variations objected to; or

b.

File a written request with the Township Supervisors requesting a public hearing on his application for final approval.

3.

If the landowner wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall already have passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event that the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this Chapter for public hearings on applications for tentative approval, within 30 days after the conclusion of the hearing, the Township Supervisors shall, by official written communication, either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application of tentative approval set forth in this Chapter.

4.

A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Township Supervisors and shall be filed or recorded within 30 days after final approval has been granted in the office of the County Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan, shall cease to apply thereto. Pending completion within a period of two years of said planned residential development or of that part thereof, as the case may be, that has been fully approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.

5.

In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Township Supervisors, in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development or of that part thereof, within a period of two years after final approval has been granted, no development or further development shall take place on the property included in the development plan until after said property is resubdivided and is reclassified by enactment of an amendment to the Township Zoning Ordinance in the manner prescribed for such amendments in the Township Zoning Ordinance.

(Ord. 2017-002, 4/25/2017)

All areas designated for refuse disposal pick-up trash dumpsters shall be screened adequately from adjoining properties by a method prescribed and approved by the Township Board of Supervisors.

(Ord. 2017-002, 4/25/2017)

Any fence constructed between two single-family residential dwellings may be placed directly on the common property line with no setback upon agreement by the affected property owners.

(Ord. 2017-002, 4/25/2017)

A.

Purpose. The purpose of the cluster development option is to provide flexibility in design, to promote an efficient and economic use of land for services and utilities; and to preserve usable open space, prime agricultural land, environmental and cultural resources, and the rural character of the area.

B.

Eligibility Requirements. The area of proposed open space cluster development shall be a minimum of ten acres in size, in which the land is under single ownership or under unified control prior to development. Open space cluster development shall only be permitted as a conditional use in the Agricultural/Woodland Conservation and Residential districts and shall be subject to the usual conditional use proceedings including at least one public hearing. Open space cluster development shall only be permitted when served by a centralized wastewater collection, conveyance and treatment system and a centralized water supply and distribution system.

C.

Plan Requirements. A developer shall be required to submit two different design review plans on which the topographic interval shall be no smaller than two feet. One plan shall show a conventional design based upon existing zoning and subdivision regulations to determine the number of lots that could be developed. This plan shall be referred to as the yield plan. The maximum number of residential lots that may be developed shall be computed from the total net developable area, which shall exclude land unsuitable for building. Lands unsuitable for building shall include wetlands, lands within the 100-year flood plain, lands having 25 percent or greater slope, and land under permanent easement or subject to public or private rights-of-way. These areas shall be referred to as primary conservation areas. The conventional design shall then be completed based upon the remaining useable portions of the property.

Following a determination of the total net developable area from the yield plan, no less than 50 percent of this area shall be designated as open space and permanently protected for any property within the Agricultural/Woodland Conservation district. For properties within the Residential district, this percentage shall be reduced to 40 percent. In no instance shall the developer be required to designate more than 50 percent of the net developable area for protection. The second plan shall identify the protected lands and shall illustrate the cluster development with proposed lot lines, building setbacks, structures, streets and driveways. The protected open space will consist of the primary conservation areas defined by the yield plan and secondary conservation areas which shall supplement the open and rural character of the development. These secondary conservation areas shall consist of resources including, but not limited to, prime agricultural soils; a 100 foot deep greenway buffer along all waterbodies and watercourses; a 50 foot greenway buffer alongside wetlands and hydric soils identified as very poorly drained in the County Soil Survey; any historic, cultural, or archaeological features listed on the National, State or County registers or inventories; mature woodlands; significant wildlife habitats; and sites listed on the Pennsylvania Natural Diversity Inventory. The location of these features, both primary and secondary, will serve to guide the developer and the Township to the optimum locations for the conservation of the site's most appropriate environmental and aesthetic features. Following this determination, the cluster development will be laid out on the remaining unprotected lands. At least 25 percent of the minimum required open space shall be suitable for active recreation purposes. No more than 50 percent of that area shall be utilized for those purposes in order to preserve a reasonable proportion of natural areas on the site. The purposes for which open space areas are proposed shall be documented on the plans. The continued use of open space for agricultural purposes is encouraged.

D.

Density Requirements. The dwellings in the cluster development shall be single-family detached dwellings, single-family semi-detached dwellings, two-family detached dwellings, townhomes, multi-family dwellings (apartments), or a combination thereof. Within an open space cluster development, single-family detached residential lots may be reduced in size to a minimum area of 7,500 square feet and a minimum lot width of 75 feet. Side and rear yard building setbacks for single-family residential lots shall be as prescribed in the Low Density Residential (R-1). Minimum lot areas and building setbacks for other housing styles shall be as designated in the Moderate Density Residential District. Front yard building setbacks for all housing styles shall be 20 feet along internal streets within the development and 30 feet along existing external roads.

For those developers who pursue the open space cluster development option, a density bonus may be granted to generate supplemental income. In addition to the number of permitted lots determined under the yield plan, additional lots, not to exceed 15 percent of the yield plan amount, may be permitted for development. This bonus may be allowed for the express and sole purpose of endowing a permanent fund to offset continuing open space maintenance costs. Fifty percent of the net selling prices of the additional lots shall be donated to the funds for maintaining the open space. These funds shall be transferred by the developer to the designated entity with ownership and maintenance responsibilities. A second bonus may also be granted if the developer designates areas to be accessible to the public. The developer will be able to add one unit per each five acres of land dedicated to public access. This determination shall be at the discretion of the Board of Supervisors.

E.

Open Space. The open space within a development shall be equivalent to the area left from reduction of the lot sizes. This area shall be comprised of primary and secondary conservation areas. Undivided open space shall be directly accessible to the largest practicable number of lots. The majority of lots shall abut undivided open space in order to provide direct access and views. Safe and convenient pedestrian access to the open space shall be provided except in the case of farmland or other resource areas vulnerable to trampling or human disturbance. Where the open space is designated as non-contiguous parcels, no parcel shall consist of less than three (acres in area nor have a length to width ratio in excess of 4:1, except areas specifically designed as village greens; ballfields; trails; and buffers to wetlands, waterbodies, and watercourses. Developers shall provide the Township with a description of proposed land management practices to be followed by those parties responsible for ownership and maintenance.

The open spaces shall be protected from subdivision or other facets of change. The preferred methods of protection are:

1.

Township dedication of the open space.

2.

Sale, lease, or other agreement with a non-profit or private corporation that will maintain the area and accompanying facilities.

3.

Individual ownership with a permanent conservation easement via deed restriction in a form acceptable to the Township and duly recorded in the County Register and Recorder's Office. This method shall be utilized only where deemed appropriate by the Township and where it can be demonstrated by the applicant that no other options are available.

Ownership and maintenance responsibilities shall rest with one of the following entities:

1.

Homeowners association approved by the Township Solicitor and Township Supervisors (See Section 39-308)

2.

Private conservation organization provided that:

a.

the organization is stable and legitimate in the opinion of the Township Supervisors.

b.

contains appropriate provisions for proper transfer if organization cannot fulfill its obligations.

3.

Any other arrangement approved by the Township Solicitor or Township Supervisors in which the lease shall provide:

a.

That the residents shall have access to the open space within the development at all times.

b.

That the open space is maintained throughout the duration of the lease.

c.

That the area and included facilities be used by the residents of the development only, unless otherwise stated.

(Ord. 2017-002, 4/25/2017)

A.

Purpose and Intent. This Section's purpose and intent is to 1) allow flexible uses to supplement farm income and accommodate local food and agritourism while maintaining the rural agricultural character and promoting agriculture; 2) allow for a broad range of rural economy uses, including agriculture, agriculture support and services associated with ongoing farm activities, and other uses that can be developed and maintained in ways consistent with the rural character of the Agricultural/Woodland Conservation District; 3) recognize the tourism industry is interconnected with the rural economy by permitting agriculture-related tourism uses, outdoor recreation/natural resource uses, conference and training center uses and rural activity and special event uses; 4) recognize the importance of local food for the consumer; 5) recognize that a farm's ability for direct marketing increases the value and profitability of the farm's products; and 6) provide additional opportunities for supplemental income to the farm operation.

B.

Permitted Uses.

1.

Agricultural marketing enterprises shall be permitted by right as an accessory use in every zoning district so long as they are incidental to a principal farming operation and subject to the standards set forth in Pennsylvania Act 133 of 1982, the "Right To Farm Law."

2.

Agritourism enterprises and cottage farm industries shall be permitted by right as an accessory use in the Agricultural/Woodland Conservation District so long as they are incidental to a principal farming operation and the subject property is no less than ten acres in area.

3.

A farm is permitted to have more than one of the three, permitted accessory agriculturally related enterprise types if requirements of the underlying zoning district and specific use criteria are met. Each enterprise or industry must obtain applicable land use permit and/or land development approvals as required by the Township.

C.

Specific Criteria.

1.

Lot Size and Width. Shall comply with the minimum required lot area and width for the zoning district in which the use is located.

2.

Setbacks. Buildings shall comply with the setbacks for principal structures in the zoning district in which the use is located unless utilizing an existing structure.

3.

Lot Coverage. Shall comply with the building and/or impervious lot coverage requirements for the zoning district in which the use is located.

4.

Buffers and Screening. When adjoining a residential district or an existing residential dwelling; buildings, outdoor storage areas, and off-street parking and/or loading areas shall be subject to the buffer and/or screening requirements of Section 31-908 of this Code.

5.

Parking. Eligible uses shall provide for sufficient off-street parking and loading in accordance with the requirements of Sections 39-304 and 39-305 of this Chapter. A plan for parking and access shall be provided for Township review at the time of application. Parking shall be prohibited in any street right-of-way.

6.

Structures. Eligible uses are encouraged to utilize existing buildings whenever possible.

7.

Signs. Eligible uses may include signage in accordance with the requirements of Section 39-309 of this Chapter.

8.

Operations. Eligible uses shall be operated by the landowner, landowner's immediate family member, operator of the farm, or persons in residence of the farm. All eligible uses shall also be subject to the performance standards of Section 39-311 of this Chapter. All eligible uses shall remain compatible with, secondary to and clearly accessory to the active principal farm use at all times. Hours of operation shall be clearly stated as part of application to the Township prior to the start of business. No more than four persons, in addition to those persons residing in the primary dwelling onsite, shall be employed as part of any accessory agriculturally related enterprise or combination thereof.

D.

Cottage Farm Industries.

1.

One of the following cottage farm industries shall be permitted on an eligible property provided all of the specific criteria of this Section 39-317 are met.

a.

Repair service for agricultural equipment, vehicles and machinery.

b.

Retail or wholesale farm supply establishments.

c.

Butchering service and abattoirs.

d.

Blacksmith shops, welding shops, machine shops, light-metal fabrication and assembly, grinding and sharpening operations, excluding punch presses over 20 tons capacity.

e.

Carpentry, cabinet making, furniture repair and upholstery, electrician, tinsmith, plumbing; gas, steam or hot water fitting shops.

f.

Processing or packaging of dairy and food products, excluding the rendering of hides and bones.

g.

Any similarly related industry that, in the opinion of the Board of Supervisors, is clearly secondary and incidental to the primary farm use of the premises, is in harmony with the surrounding neighborhood, and is demonstrated to meet the criteria of this Section.

(Ord. 2017-002, 4/25/2017)

A.

Purpose. The purpose of this Section is to regulate the placement, construction and modification of commercial wireless telecommunications service facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace within the Township.

B.

Applications. In addition to any other requirements prescribed by this Chapter and/or Chapter 31 of this Code, applications for the construction of a commercial wireless telecommunications service facility shall include, at a minimum, the following information.

1.

The name, address, and telephone number of both the owner and the lessee of the parcel of land upon which the facility is to be situated and the FCC registration number for the proposed facility. If the applicant is not the owner of the property, written and notarized documentation that the owner of the property has agreed to grant use of the property for the proposed facility.

2.

The name, address, and telephone number of all owners of other such facilities within the service area of the proposed facility, including municipally owned property.

3.

Documentation, signed by an engineer licensed in the State of Pennsylvania, that the facility is designed in accordance with all applicable building codes, in addition to all other State and Federal laws and regulations applicable thereto.

4.

In order to achieve the most efficient use of land within the Township, an affidavit must be filed attesting to the fact that the applicant made diligent, but unsuccessful, efforts to receive permission to install or co-locate the proposed facility on another service provider's facility within the service area and that the proposed site is, therefore, of practical necessity. The applicant shall provide an existing capacity analysis demonstrating a need for additional capacity at or near the proposed facility location. Where the facility is proposed by a tower company with the intent to lease tower space to licensed wireless communications companies, the applicant shall demonstrate that it is aware of and is addressing specific capacity needs of wireless communications companies licensed to operate in the area. Co-location is encouraged wherever possible. If co-location is not possible, a written report shall be provided detailing the facts supporting this determination.

5.

The use of existing non-residential structures, including water towers, public utility structures, recreational light fixtures and buildings, shall also be encouraged where possible. The applicant shall demonstrate that owners of all structures in excess of 50 feet in height within a 1,500 foot radius of the proposed site have been contacted and asked for permission to install the antenna(e) on those structures. Installation opportunities include, but shall not be limited to, smoke stacks, water towers, agricultural silos, tall buildings, and other communication towers. If the applicant can demonstrate that no siting opportunities exist except for the proposed new location, then the applicant may proceed provided all other requirements can be met. Any applicant proposing to locate antennae on such a structure shall provide the Township with a written agreement from the property owner allowing the use. No zoning or land development approval shall be required where the antenna(e) extends no more than 30 feet above the existing structure, however all other applicable requirements shall apply.

6.

A written agreement between the property owner and the applicant confirming that when a commercial wireless telecommunications service facility becomes abandoned, obsolescent, or ceases to be used it shall be taken down and removed from the premises within six months of its abandonment, obsolescence, or cessation of use.

7.

All applicants shall file with the Township a land development plan in accordance with the Southampton Township Subdivision and Land Development Ordinance following action by the Board of Supervisors on a conditional use application in accordance with Part 14 of this Chapter. Once the initial facility or tower structure is approved, additional co-location proposals shall not be subject to further conditional use or land development approval.

8.

A visual impact analysis shall be required in accordance with Section 39-318.D. of this Chapter.

9.

All commercial wireless telecommunications service facilities existing on the effective date of this Chapter shall be allowed to continue as they presently exist. Routine maintenance, including modifications to accommodate the co-location of an additional user or users, shall be permitted. New construction, other than routine maintenance or modifications to accommodate co-location, shall comply with all requirements of this Section.

C.

General Requirements.

1.

No commercial wireless telecommunications service facility shall be constructed within the Township until all necessary local, State and Federal approvals and permits have been secured. Copies of these approvals and permits shall be provided to the Township prior to the issuance of any land use permit.

2.

No commercial wireless telecommunications service facility shall be located on any property listed on or designated as eligible for either the State or National Historic Register. Said facilities shall also be prohibited within any Township, State or Federal designated historic district.

3.

No commercial wireless telecommunications service facility shall be located within any required building setback, nor shall a freestanding or guy anchored facility be located within 50 feet of any property line. Furthermore, a freestanding or guy anchored facility shall be set back from any residential, church or school structure a distance at least equivalent to its height, but not less than 100 feet. Distances shall be measured from the center of the base of the facility to the property line. All guy wires shall be located on the same lot as the commercial wireless telecommunications service facility and must comply with the building setback requirements for the zoning district in which the facility is located.

4.

Measurement of a commercial wireless telecommunications service facility's height shall be measured from the finished grade and shall include the structure itself, the base pad, and any other appurtenances. The applicant must demonstrate that the proposed facility is the minimum height to function satisfactorily. Coverage analyses shall be provided for a sufficient range of facility heights to demonstrate the relationship between proposed height and coverage "dead spots." The maximum height of a commercial wireless telecommunications service facility shall be 250 feet. If mounted on an existing non-residential structure, the facility shall extend no more than 100 percent of the existing structure's height.

5.

When located on a site as an accessory use, freestanding or guy anchored commercial wireless telecommunications service facilities and their related accessory structures shall be located behind the rear of the structure housing the principal use. Vehicle access to the tower and related accessory structures shall not interfere with the parking or vehicular circulation provided for the principal use.

6.

Commercial wireless telecommunications service facilities shall be designed to accommodate three or more wireless communications providers in order to facilitate the co-location of other service provider's facilities. The applicant shall provide a schedule for obtaining additional providers on the subject facility as part of the conditional use approval. The Township shall be provided the name, address, telephone number and responsible individual's name of each additional provider prior to co-location.

7.

Where a specific color pattern is not required by the Federal Aviation Administration (FAA), commercial wireless telecommunications service facilities shall be painted to blend or match with the surrounding environment. The facility shall be painted green or brown from the base of the tower to the average height of surrounding vegetation. The facility shall be painted light blue or light gray from the average height of surrounding vegetation to the top of the tower. Paints used shall have a flat, matte, non-gloss, non-fluorescent finish. Fencing and accessory buildings and structures shall also be subject to these color requirements. Alternate color schemes may be proposed, however the color scheme for the facility shall be subject to the approval of the Board of Supervisors as part of the land development plan review process.

8.

A fence or wall of eight feet in height shall be required to encompass a freestanding or guy anchored commercial wireless telecommunications service facility, including any associated accessory building or structure. Access to the facility shall be through a locked gate. Except for entrances, all fences and walls shall be screened with acceptable landscaping and screening techniques, so that no more than one-half of the surface of the fence or wall is visible from a public street or any adjoining property within three years after erection of the facility. All required landscaping shall be of the evergreen variety and shall be irrigated and properly maintained to ensure continuous health and vitality. All trees shall be a minimum height of six feet at the time of planting. Any plant material that does not survive shall be replaced within one year. Existing vegetation shall be preserved to the maximum extent possible and may be credited, when appropriate, towards the required screening.

9.

No advertising, logos, or corporate symbols shall be permitted on any commercial wireless telecommunications service facility or any building or structure accessory thereto. Signs shall be permitted for identification purposes as well as emergency contact information and co-location opportunities. Said signs shall be in accordance with any applicable Federal requirements or the requirements of Section 39-309 of this Chapter.

10.

Commercial wireless telecommunications service facilities shall be fully automated. No employee of the communications provider shall be stationed at the site, except for periodic maintenance and inspection. Facilities shall be maintained by the applicant for the life of the facility including, but not limited to, fencing, screening, painted surfaces, accessory buildings and structures, pole or lattice structure, and service drive.

11.

Equipment storage shelters associated with the commercial wireless telecommunications service facility shall not exceed a height of 12 feet, nor exceed a size of 450 square feet.

12.

No signals or lights or other means of illumination shall be permitted on any commercial wireless telecommunications service facility unless required by the Federal Communications Commission (FCC) or the FAA.

13.

Commercial wireless telecommunications service facilities shall be separated from each other by a minimum of 2,500 feet.

14.

No commercial wireless telecommunications service facility shall be established as an accessory use on a property without or prior to the establishment of a principal use.

15.

No commercial wireless telecommunications service facility shall disturb or diminish the normal radio or television or similar reception for any adjoining property. Operators must comply with all FCC regulations in this regard.

16.

A minimum of two off-street parking spaces shall be provided for each commercial wireless telecommunications service facility.

17.

Commercial wireless telecommunications service facilities shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties.

18.

Access shall be provided from the street (public or private) to the facility by a service drive with a minimum 20 foot right-of-way and a 12 foot wide cartway. Said service drive shall be improved at a minimum with a base course of 8 inches of 2A stone. The base course shall be measured after it has been compacted with a roller of not less than ten tons in weight or equivalent. The facility shall be accessible by emergency vehicles at all times via said service drive.

19.

Anti-climbing devices, designed to industry standards, shall be required on all tower and pole structures.

20.

All proposed public improvements, including the service drive, shall be guaranteed for completion in accordance with Section 31-700.F. of this Code.

21.

All other conditions imposed as a result of the Board of Supervisors' conditional use decision.

D.

Visual Impact Analysis.The applicant shall provide a visual impact analysis for any proposed commercial wireless telecommunications service facility or for any proposed modification to an existing commercial wireless telecommunications service facility. Co-location activities shall not be considered a modification subject to this requirement. The analysis shall consist of a written report assessing the cumulative impacts of the proposed facility, and shall identify all feasible mitigation measures necessary to eliminate or minimize any perceived visual impact by the proposed structure. Mitigation measures shall be consistent with the technological requirements of the applicant. The Township shall review and consider all information presented in the report. The report shall include, but not be limited to, the following:

1.

A photograph simulation of pre-development versus post-development views from key viewpoints, as established by the Township Zoning Officer, and may include areas both inside and outside the Township;

2.

An analysis of alternative tower structure design (including height variations) and color schemes, and an analysis of monopole versus lattice design; and

3.

An analysis of the visual impact of the facility base, accessory buildings, tower, antennae and overhead utility lines from abutting properties and streets.

(Ord. 2017-002, 4/25/2017)

In this Section and Section 39-320 of this Chapter, the singular shall include the plural, the plural shall include the singular, the masculine shall include the feminine and vice-versa, and the below defined terms may stand alone or be used in combination, however the definition of each shall be as defined.

A.

Conditions Applicable to All Parts of Sections 39-319 and 39-320.

1.

All persons or owners involved with the keeping, raising, training, breeding, tending or exhibition of any animal are totally liable and responsible for any and all circumstances, incidents, harms, dangers, or destruction to other persons, animals or property resulting from any animal in their possession, care or solvency.

2.

All persons or owners involved in any form of animal tending are bound by, liable to and must adhere to all Federal, State and local ordinances, rules, regulations or laws pertaining to animal tending.

B.

Definitions. As used in Sections 39-319 and 39-320, the following terms shall have the meaning indicated below unless a different meaning clearly appears from the context.

1.

Animal - any wild or domesticated creature or beast of any species, exclusive of humans, including, but not limited to, dog, cat, livestock, birds and other normal household pets.

2.

Animal Husbandry - the production of livestock or poultry or their products.

3.

Domestic Animal - any animal normally or ordinarily domesticated or raised in this geographic area and climate and used for work or breeding purposes, food or normally and ordinarily kept as a household pet.

4.

Farm - a tract of land upon which the business of agriculture or animal husbandry is conducted.

5.

Household Pet - any domestic animal which is normally and ordinarily kept in or permitted to be at large within the dwelling of its owner or keeper, such as cats and dogs, or any animal normally or ordinarily kept caged or confined within the dwelling of its owner or keeper, such as birds, fish, reptiles and small mammals.

6.

Inherently Dangerous Animal - any live member of the Canidae, Felidae or Ursidae families, including hybrids thereof, not normally or ordinarily domesticated, which, due to their inherent nature, may be considered dangerous to humans. Also, any live member of the class Reptilia which is venomous, is a "rear fanged" snake of the family Colubridae, is of the family Boidae, or is a member of the order Crocodilia. Such animals shall be permitted only as a conditional use in the Agricultural/Woodland Conservation District. Inherently dangerous animals shall be registered with the Zoning Officer and copies of all Federal, State or local licenses and permits for the keeping of said animal shall be provided and updated annually.

7.

Kennel, Commercial - any establishment, business, building or structure where two or more animals that are older than six months (except relating to a farm) are kept, boarded, raised, bred, treated, trained or sold for a fee, including, but not limited to, dog and cat kennels.

8.

Kennel Run - any out of doors area confined, most often by wire fencing, for the temporary or permanent housing, exercising, running or keeping of household pets, not limited to, dogs.

9.

Large Animal - any wild or domesticated animal including, but not limited to, those of the bovine, camelid, equine, sheep, goat or swine families or where adult weight normally exceeds 65 pounds, exclusive of domestic dogs. See Section 39-320. Group 3.

10.

Livestock - a domestic animal, native to this area or climate, kept for its services or raised for food and other products.

11.

Medium Animal - any wild or domestic animal of any species in which the adult weight normally ranges between ten and 65 pounds, exclusive of domestic dogs and cats. See Section 39-320. Group 2.

12.

Non-Commercial Livestock - an accessory use to a principal single-family detached dwelling, that is not contained upon a farm, involving the keeping of livestock by the owner or tenant exclusively including, but not limited to, the keeping of a horse as a pet.

13.

Owner - when applied to the proprietorship of an animal, includes every person having a right of property in such animal and every person who keeps, tends or harbors such animal or has it in his care, and every person who permits such animal to remain upon or about any premise occupied or owned by him.

14.

Person - includes an individual, corporation, partnership, and incorporated association, or any other similar entity.

15.

Pet Store - a building, enclosure or structure, standing alone or as an accessory use to a single-family detached dwelling or a business or company, in which or from which animals, normally or ordinarily household pets, are housed, tended or are raised for the purpose of wholesale or retail sale.

16.

Poultry - any domesticated bird including, but not limited to, chicken, turkey, duck, geese, guinea fowl, pheasant, quail, ostrich, emu and rhea.

17.

Small Animal - any wild or domestic animal including, but not limited to, rabbit, guinea pig, mouse, dog, cat, and any poultry where adult weight normally is less than ten pounds. See Section 39-320. Group 1.

18.

Wild Animal - a living mammal or marsupial which is normally found in the wild.

19.

Zoo - regardless of size, any enclosure, building or structure, indoors or out of doors or any combination thereof, in which live animals are kept, tended or raised for public exhibition or interpretation; also any business or activity associated with the aforementioned. Also referred to as a game park, zoological garden or live animal exhibit.

(Ord. 2017-002, 4/25/2017)

Within the Agricultural/Woodland Conservation District, non-commercial keeping of livestock is a permitted use, subject to Act 6, The Pennsylvania Nutrient Management Act, and all other applicable State and Federal regulations. Within the Residential District, non-commercial keeping of livestock is permitted as a conditional use subject to the following conditions:

Minimum Lot Area. One acre. Additionally, the following list specifies additional area requirements based on the size of animal(s) kept.

Group 1—Animals whose individual average adult weight is less than ten pounds shall be permitted at a density of 12 animals per acre; and

Group 2—Animals whose individual average adult weight is between ten pounds and 65 pounds shall be permitted at a density of two animals per acre; and

Group 3—Animals whose individual average adult weight is greater than 65 pounds shall be permitted at a density of one animal per acre.

The keeping of a combination of animal types (Groups 1, 2 and/or 3) shall require an animal density equal to the ratio of the number of animals, by group. The maximum number of animals permitted shall be based on the requirements of Act 6. The weight of all livestock shall be determined based on the table identified as Figure 1 following.

Setbacks. The following minimum setbacks from all property lines shall be imposed on the placement of any structure(s) used to house non-commercial livestock and for all waste storage facilities. In the event that one structure is used to house a combination of animal groups, the more restrictive setback shall apply:

Group 1—Up to 25 animals, 25 feet. Greater than 25 animals, 50 feet.

Group 2—Up to two animals, 50 feet. Greater than 2 animals, 100 feet.

Group 3—100 feet.

All structures used to house non-commercial livestock and all waste storage facilities shall be prohibited from placement in the front yard.

All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape of animals. Such fencing must be set back at least five feet from all property lines.

All animal wastes shall be properly stored and disposed of so as not to be objectionable at the property line. All animals, their housing, waste storage facilities, and outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties.

FIGURE 1 - LIVESTOCK WEIGHT CHART

Sources: Pennsylvania State University, College of Agriculture; Various Industry Sources

(Ord. 2017-002, 4/25/2017)

A.

Within the (A), (R-1), and (R-2) districts ECHO housing is permitted by right, as an accessory use to a principal single-family residence subject to the following criteria:

1.

The ECHO housing may not exceed two stories and 900 square feet of total floor area;

2.

A limit of one ECHO housing unit is permitted per lot;

3.

The total building coverage for the principal dwelling, any existing accessory structures and the ECHO housing together shall not exceed the maximum requirement for the zoning district in which the ECHO housing is located;

4.

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;

5.

The ECHO housing shall be occupied by a maximum of two people;

6.

Utilities.

a.

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

b.

If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Board of Supervisors 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 single unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be approved by the Township Sewage Enforcement Officer;

7.

No additional parking shall be required for an ECHO housing unit so long as the principal residence complies with prevailing Township parking requirements;

8.

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;

9.

A covered walkway may be attached to the principal residence from the ECHO housing unit without the unit being considered part of the principal residence. However, this walkway shall not be enclosed or screened in;

10.

The right of occupancy for the ECHO housing unit shall terminate upon either (a) the date of death or relocation of the family member(s) residing therein as registered with the Township at the time of application, or (b) the date of sale of the property, whichever comes first;

11.

The ECHO housing unit shall be either (a) physically removed from the premises or (b), in the case of a converted existing accessory structure, the premises shall be restored to its previous condition. These actions shall be completed no later than 90 days from the date the right of occupancy is terminated per subsection I above;

12.

Parties interested in constructing an ECHO housing unit shall first obtain a written letter of determination from the Township Zoning Officer prior to application for and issuance of a Township land use permit and a building permit.

(Ord. 2017-002, 4/25/2017)

1.

Definitions. Terms shall have the meaning as defined in Section 31-200, unless more specifically defined herein.

2.

In General.

A.

Regulations Applicable to All ASES:

(1)

ASES that have a maximum power rating of not greater than 15 kilowatts shall be permitted as a use by right in all zoning districts. ASES that have a power rating greater than 15 kilowatts shall comply with the requirements of subsection E, principal solar energy systems.

B.

Exemptions:

(1)

ASES with an aggregate collection and/or focusing area of ten square feet or less are exempt from this Ordinance.

C.

Permit requirements:

(1)

The landowner, system owner and/or operator shall apply for a land use permit and receive approval from the Township prior to the erection or installation of an ASES. 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.

(2)

The permit shall be revoked within one year unless extended after written request is made to the Township, or if the ASES, whether new or pre-existing, 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 Section.

(3)

The ASES must be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, overgrown brush, 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 ASES to conform or to remove the ASES.

D.

Decommissioning, remediation and disposal:

(1)

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 same.

(2)

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.

(3)

The ASES owner shall, at the request of the Township, provide information within 60 days concerning the amount of energy generated by the ASES in the last 12 months.

3.

Roof Mounted and Wall Mounted ASES.

A.

A roof mounted or wall mounted ASES may be located on a principal or accessory building.

B.

ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within each of the underlying zoning districts.

C.

Wall mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zoning districts.

D.

Solar panels shall not extend beyond any portion of the roof edge.

E.

Roof mounted solar panels shall be located only on rear or side-facing roofs as viewed from any adjacent street unless the applicant demonstrates, through a solar efficiency letter or report, that, due to solar access limitations, no location exists other than the street-facing roof, where the solar energy system can perform effectively.

F.

Roof mounted solar panels shall be dark in color.

G.

Roof mounted solar panels shall be mounted following the existing slope of the roof and shall not be mounted more than eight inches above the roof.

H.

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 the Township and that the roof or wall is capable of holding the load imposed on the structure.

4.

Ground Mounted ASES.

A.

Ground mounted ASES shall be permitted only on lots that are a minimum of two acres and shall not be permitted on any lot that is less than two acres for any reason.

B.

Setbacks:

(1)

The minimum yard setbacks from side and rear property lines shall be ten feet.

(2)

Ground mounted ASES shall not be located in the required front yard of any principal or accessory structure. On any corner lot, the two sides of the yard that border the two streets shall both be considered to be front yards for purposes of this Section.

C.

Height: the ground mounted system shall not exceed the maximum accessory structure height in the underlying zoning district.

D.

Impervious coverage:

(1)

The surface area shall be considered part of the building or structure's impervious coverage and the applicant shall submit a Storm Water Management Plan that demonstrates compliance with the municipal storm water management regulations.

E.

Screening:

(1)

Ground mounted ASES shall be screened from adjoining residential uses or zoned according to the standards found in Section 31-908.B of the Southampton Township Subdivision and Land Development Ordinance.

F.

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.

G.

Ground mounted ASES shall not be placed within any legal easement or right-of-way location, or be placed within any storm water conveyance system or in any other manner that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system.

5.

Principal Solar Energy Systems (PSES).

A.

Regulations Applicable to All PSES.

(1)

PSES shall be permitted as a conditional use in the highway commercial/light industrial zoning district.

(2)

PSES owners shall provide periodic energy production audit information to the Township on a no less than yearly basis, unless requested more frequently by the Township. Upon request by the Township, owners shall provide such information within 60 days.

B.

Permit Requirements.

(1)

The landowner, system owner and/or operator shall apply for a land use permit and receive approval from the Township prior to the erection or installation of PSES. The PSES shall comply with the Township subdivision and land development requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes and regulations.

(2)

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.

(3)

The permit shall be revoked within one year unless extended after written request is made to the Township, or if the PSES, whether new or pre-existing, 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 section.

(4)

No trees or other landscaping otherwise required by the municipal ordinances or attached as a condition of approval of any plan, application or permit may be removed for the installation or operation of a PSES.

(5)

The PSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiring and complaints throughout the life of the project and provide this number and name to the Township. The PSES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.

(6)

A decommissioning plan that details the plan for remediation and disposal shall be presented with the permit application.

C.

Decommissioning, Remediation and Disposal.

(1)

The PSES owner and/or operator is required to notify the 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.

(2)

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 timeframes, the Township may complete the decommissioning at the owner's expense or call on the financial security.

(3)

At the time of issuance of the land use permit for the construction of the PSES, the owner shall provide financial security in a form and amount acceptable to the 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. Each five years following the approval of an application under this Section, the owner shall resubmit verification of the estimated cost of decommissioning and restoration and updated financial security. The bondholder must notify the Township no less than 30 days prior to the expiration of any bond or financial security of the security's impending expiration.

D.

Ground Mounted PSES.

(1)

Minimum lot size: the PSES shall meet the lot size requirements of the underlying zoning district.

(2)

Setbacks: the PSES shall comply with the setbacks of the underlying districts for principal structures.

(3)

Height: ground mounted PSES shall comply with the building height restrictions for principal structures of the underlying zoning district.

(4)

Impervious coverage: The surface area shall be considered part of the building or structure's impervious coverage and the applicant shall submit a Storm Water Management Plan that demonstrates compliance with the municipal Storm Water Management Regulations.

(5)

Ground mounted PSES shall be screened from adjoining residential uses or zones according to the standards found in Section 31-908.B of the Southampton Township Subdivision and Land Development Ordinance and a minimum 50-foot wide buffer strip.

(6)

Ground mounted PSES shall not be placed within any legal easement or right-of-way location or be placed within any storm water conveyance system or in any other manner that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system.

E.

Security.

(1)

All ground mounted PSES shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate.

(2)

A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.

F.

Access.

(1)

At a minimum, a 25-foot wide access road must be provided from a State or Township roadway into the site.

(2)

At a minimum, a 20-foot wide cartway shall be provided between the solar arrays to allow access for maintenance and emergency vehicles, including fire apparatus and emergency vehicles. Cartway width is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from it.

(3)

Access to the PSES shall comply with the municipal access requirements in the Southampton Township Subdivision and Land Development Ordinance.

(4)

The ground mounted PSES shall not be artificially lighted except to the extent required for safety or applicable Federal, State or local authority.

(5)

If a ground mounted PSES is removed, any earth disturbance resulting from the removal must be graded and reseeded.

G.

Roof and Wall Mounted PSES.

(1)

For roof and wall mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and all building codes adopted by the Township and that the roof or wall is capable of holding the load imposed on the structure.

(2)

PSES mounted on the roof or wall of any building shall be subject to the maximum height regulation of the underlying zoning district.

(3)

Wall mounted PSES shall comply with the setbacks for principal structures in the underlying zoning districts.

(4)

Roof mounted solar panels shall not extend beyond any portion of the roof edge.

6.

All Solar Energy Systems (ASES and PSES).

A.

The layout, design, installation and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute, Underwriters Laboratories, the American Society for Testing and Materials, Institute of Electrical and Electronics Engineers, Solar Rating and Certification Corporation, Electrical Testing Laboratory, Florida Solar Energy Center 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 key components of the system shall be submitted as part of the application.

Upon completion of installation, the solar energy system shall be maintained in good working order in accordance with standards of the Southampton Township codes under which the solar energy system was constructed. Failure of the property owner and/or system owner to maintain the solar energy system in good working order is grounds for appropriate enforcement actions by the Township in accordance with applicable ordinances.

B.

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

(1)

Is certified by the North American Board of Certified Energy Practitioners;

(2)

Has completed an Interstate Renewable Energy Council Institute for Sustainable Power Quality accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems;

(3)

For residential applications of ASES only, a registered home improvement contractor with the PA Attorney General's Office.

C.

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

D.

The owner of a grid-connected ASES and of all PSES shall provide Southampton Township written confirmation that the public utility company to which the solar energy system will be connected has been informed of the customer's intent to install a grid-connected system and approved of such connection. Off-grid ASES systems shall be exempt from this requirement.

E.

No portion of the solar energy system shall contain or be used to display advertising.

F.

Glare: all solar energy systems shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways. 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. The applicant's proof shall be in the form of either an acknowledgement letter or glare report provided to the Township.

G.

Solar easements:

(1)

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.

(2)

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 easements shall include, at a minimum, 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; restrictions on the placement of vegetation, structures and other objects which may impair or obstruct the passage of sunlight through the easement; enumerate the terms and conditions, if any, under which the easement may be revised or terminated; 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.

(3)

If required, a solar energy system 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).

H.

Prior to the issuance of any land use permit, applicants must acknowledge in writing that the issuance 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 the right to remain free of shadows and/or obstructions to solar energy caused by the development of adjoining or other property or the growth of any trees or vegetation on such property or the right to prohibit the development on or growth of any trees or vegetation on such property.

(Ord. 2021-003, 9/14/2021, § 4)