Front yard: 50 feet.

Side yard: 30 feet.

Rear yard: 50 feet.

The applicant shall submit a plot plan, building plans and specifications to the Upper Allen Township Historical Architectural Review Board for its review in accordance with Chapter 155, Historic Districts.

The applicant shall receive a certificate of appropriateness from the Board of Commissioners of Upper Allen Township.

All off-street parking and/or loading areas shall be screened from adjoining residences, residential districts, and roads in accordance with buffer yard type 1 as set forth in the Upper Allen Township Subdivision and Land Development Ordinance.[1]

Signs shall be in accordance with Chapter 155 and Article XVIII of this chapter, whichever is stricter.

Joint parking or off-site parking shall be permitted in accordance with Article XVII herein.

No adult entertainment establishment shall be located within 600 feet of any other adult entertainment establishment.

No adult entertainment establishment shall be located within specified distances of certain land uses as set forth below:

The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult entertainment establishment and any land use specified in Subsection B(2) above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult entertainment establishment to the closest point on the property line of said land use.

Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual act, which are prohibited by law.

Scenes where a person displays the vulva or the anus or other genitals.

Scenes where artificial devices are employed to depict, or drawings are employed to portray, any of the prohibited signs, photographs or graphic representations described above.

Any other graphic illustration pertaining to specified sexual activities and/or specified anatomical areas.

Within 300 feet of any residential structure, other than a structure in which the applicant resides, located on the same lot.

Within 125 feet of any right-of-way line.

Within 300 feet from adjoining property line in other than Agricultural District.

Location map.

Description of the existing agricultural operation, proposed activities, and how the proposed use is accessory in nature.

All existing and proposed farm structures and dwellings.

Driveways, access drives, parking areas, vehicle turnaround areas, loading areas, and proposed vehicle circulation patterns.

Location and adequacy of sewage facilities (if required).

Stormwater management plan (if required).

Proposed operating dates/times.

Estimated number of attendees.

Landscaping/buffering plan.

Certify compliance with all applicable local, state, and federal regulations and permits.

When there is a change in the use of the farm with an agritourism enterprise, or when there is a change in the management of the enterprise, the continuation of the enterprise or business shall be subject to review and re-approval in accordance with current regulations in place at that time.

The landing pad shall be at least 80 feet square or a circle with an eighty-foot diameter. This pad shall be paved, level, and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.

At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall be located within 45° left or right of the prevailing winds and shall fan out at an angle of 10° from the width of the landing pad to a width of 1,000 feet, and shall have a glide angle slope of 8° to one, measured from the outer edge of the pad.

An application for a helistop or heliport on a roof or similar aboveground structure shall be accompanied by a certification by a registered engineer that the loads imposed by a helicopter will be supported by the structure.

The helistop and heliports shall be used only for personal or executive use by a firm or individual.

No helicopter over 6,000 pounds gross weight shall use any helistop.

The application shall include at a minimum the following:

Heliports shall be located a minimum of 1,000 feet from any dwelling unit.

The applicant shall submit a land development plan for review and approval by the Township.

Heliports shall meet all requirements of the Zoning Ordinance for the district of its proposed location.

The proposed site shall be fenced with a minimum height of four feet with at least two openings, except those located on the rooftops. The fence shall be located so as not to obstruct the glide angle of the helicopter using the heliport.

The proposed heliport shall not adversely affect the health and safety of the citizens both in and surrounding Upper Allen Township.

The applicant shall also make full compliance with those guidelines and regulations for helistops and heliports or similar facilities as outlined in the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Aviation, Title 67, Regulations Relating to Pennsylvania Aviation, as amended.

It shall be unlawful for any person to land, discharge, load or take off in a helicopter any place within the Township of Upper Allen Township other than at an approved helistop or heliport, except:

The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Upper Allen Township. While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

By enacting this section, the Township intends to:

Certain terms used herein are defined at Chapter 245, Article II, § 245-2.1, "Word usage and definitions."

All language used herein shall be interpreted in accordance with Chapter 245, Article II, § 245-2.1, "Word usage and definitions."

Any terms not specifically defined shall be construed in their legally accepted meanings.

Procedures.

Timing of approval. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, including an application fee in an amount as established from time to time by resolution of the Board of Commissioners of Upper Allen Township. If the Township receives an application for a tower-based WCF and such application is not fully completed, then the Township shall notify the applicant within 10 business days that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.

Development regulations. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:

Notice. No later than 30 days following the submission of an application for a tower-based WCF and the scheduling of the public hearing (if required), the applicant shall mail notice to all owners of every property within a 1,000-foot radius of the proposed wireless communications facility. The applicant shall provide proof of mailing of the notification to the Township within 15 days of completion.

Co-location.

Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, Pennsylvania Uniform Construction Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Wind and ice. Any tower-based WCF structures shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. In no case shall a WCF exceed a maximum height of 200 feet.

Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Radio-frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio-frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio-frequency emissions standards to the Township Secretary on an annual basis. A tower-based WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the conditional use authorization of any tower-based WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC.

Historic buildings and districts. No tower-based WCF may be located on, or within 100 feet of, any historic district, property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township.

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The sign shall be no more than five square feet in size.

Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Inspection and inspection reports. No later than the first day of December of each odd-numbered year, the owner of the tower-based WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or erection of tower-based WCFs. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the Township no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. No later than 30 calendar days upon completion of aforesaid repairs, the tower-based WCF structure shall again be inspected in accordance with the parameters and requirements described herein.

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Nonconforming uses. Nonconforming tower-based WCFs, which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section.

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

Siting. No tower-based wireless communications facility shall be located, in whole or in part, within the right-of-way.

Eligible facilities request.

Design regulations.

Surrounding environs.

Fence/screen.

Accessory equipment.

Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width and the access shall be paved to a width of at least 10 feet throughout its entire length.

Parking. For each tower-based WCF greater than 40 feet in height, there shall be at least one off-street parking space.

Bond. Prior to the issuance of a conditional use zoning permit, the owner of a tower-based WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Solicitor of the Township. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility. The owner of the tower-based WCF shall maintain a bond in the following amounts:

Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

Graffiti. Any graffiti on the tower-based WCF, including the wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Township.

Inspection by the Township. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Procedures.

Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, subject to the following conditions:

Eligible facilities request.

Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.

Historic buildings and districts. No non-tower WCF may be located on, or within 100 feet of, any historic district, property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township.

Prohibited on certain structures in residential districts. Non-tower WCFs shall not be located on any single-family attached, detached, semidetached, or two-family dwellings, or any residential accessory structure, or within 300 feet of a lot in residential use.

Prohibited in open space and conservation areas and the Scenic River Overlay District. Non-tower WCFs shall not be located within an open space or conservation area or within 500 feet of a lot in open space or conservation use or within the Scenic River Overlay District boundary.

Timing of approval. All applications for non-tower WCFs shall be acted upon by the Township within 90 days of the receipt of a fully completed application for the approval of such WCF, including an application fee in an amount as established from time to time by resolution of the Board of Commissioners. If the Township receives an application for a non-tower WCF and such application is not fully completed, then the Township shall notify the applicant within 10 business days that the application is not complete, and the time for the approval of such application shall not commence until a fully completed application is received by the Township.

Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Bond. Prior to the issuance of a conditional use zoning permit, the owner of a non-tower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Solicitor of the Township. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility. The owner of the non-tower WCF shall maintain a bond in the following amounts:

Design regulations.

Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Wind and ice. Any non-tower WCF structures shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio-frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio-frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such non-tower WCF shall submit proof of compliance with any applicable radio-frequency emissions standards to the Township Secretary on an annual basis. A non-tower WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the conditional use authorization of any non-tower WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC.

Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Inspection and inspection reports. No later than the first day of December of each odd-numbered year, the owner of the non-tower WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of non-tower WCFs. A copy of said inspection report and certification of continued use shall be provided to the Township Zoning Officer no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. No later than 30 calendar days upon completion of aforesaid repairs, the non-tower WCF shall again be inspected in accordance with the parameters and requirements described herein.

Graffiti. Any graffiti on the non-tower WCF, including the wireless support structure or on any communications equipment or accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Township.

Inspection by the Township. The Township reserves the right to inspect any non-tower WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a non-tower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Maintenance. The following maintenance requirements shall apply:

Upgrade, replacement, modification.

Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned non-tower WCFs or portions of non-tower WCFs shall be removed as follows:

Development regulations.

Procedures.

Timing of approval.

Eligible facilities request.

Nonconforming wireless support structures. Small WCFs shall be permitted to co-locate upon nonconforming tower-based WCFs and other nonconforming structures. Co-location of WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

Application fees. The Township may assess appropriate and reasonable application fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in an amount as established from time to time by resolution of the Board of Commissioners.

Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania Uniform Construction Code, or to the industry standard applicable to the structure. Any small WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Historic buildings and districts. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within an historic district, or is included in the official historic structures list maintained by the Township.

Prohibited in open space and conservation areas and the Scenic River Overlay District. Small WCFs shall not be located within an open space or conservation area or within 500 feet of a lot in open space or conservation use or within the Scenic River Overlay District boundary.

Wind and ice. All small WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry standard applicable to the structure.

Radio-frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio-frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such small WCF shall submit proof of compliance with any applicable radio-frequency emissions standards to the Township Secretary on an annual basis. A small WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any small WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC.

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way and related considerations.

Accessory equipment. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the right-of-way as determined by the Township.

Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 10 days of notification by the Township.

Design standards. All small WCFs in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual, a copy of which is on file with Upper Allen Township.

Co-location. An application for a new small WCF in the right-of-way shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-half-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Inspection by the Township. The Township reserves the right to inspect any small WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law.

Inspection and inspection reports. No later than the first day of December of each even- numbered year, the owner of the small WCF shall have said small WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of small WCFs. A copy of said inspection report and certification of continued use shall be provided to the Township Zoning Officer no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. No later than 30 calendar days upon completion of aforesaid repairs, the small WCF shall again be inspected in accordance with the parameters and requirements described herein.

Reimbursement for right-of-way use. In addition to permit fees as described in this section, every small WCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township, in an amount as established from time to time by resolution of the Board of Commissioners, to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

Township-controlled property. Nothing in § 245-14.16 shall be deemed to create any offer, right, or entitlement to use Township-controlled property for the construction or operation of tower-based WCFs, non-tower WCFs, small WCFs, wireless support structures, or related facilities. Any such tower-based WCF, non-tower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by Upper Allen Township may be exempt from the requirements of § 245-14.16. The Board of Commissioners retains the right to require applicants to obtain site plan approval from the Planning Commission in accordance with the requirements of § 245-14.16. No tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on Township-controlled property until a license or lease agreement authorizing such wireless facility has been approved by the Board of Commissioners.

Penalties. Any person violating any provision of this section shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.

Determination of violation. In the event a determination is made that a person has violated any provision of this section, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.

Revocation of zoning permit. Any zoning permit granted under § 245-14.16 may be revoked by the Board of Commissioners after a hearing, conducted on at least 15 days' written notice to the owner of the wireless communications facility and any related facilities, and an opportunity to be heard. If at such hearing it shall be shown by substantial evidence that the wireless communications facility and related facilities constitute a threat to public safety, health, or welfare, or that the conditions of the conditional use authorization have been materially violated, the Board of Commissioners may revoke the zoning permit.

Insurance. Each person that owns or operates a wireless communications facility is required to purchase and maintain general liability insurance and property damage insurance, as specified herein:

Indemnification. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of each of its WCFs. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of each of its WCFs. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.

Police powers. The Township, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.

Severability. If any section, subsection, sentence, clause, phrase or word of this section is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this chapter invalid.

Effective date. This section shall become effective immediately after enactment by the Board of Commissioners of Upper Allen Township.

Irrespective of the provisions of this section, any large livestock operation in existence prior to the enactment of this chapter may not expand such operation without obtaining a conditional use approval from the Board of Commissioners of Upper Allen Township and shall be subject to the following limitations:

Any building constructed after the date of the enactment of this chapter to house animals in a confined livestock operation must maintain the following setbacks:

There was, prior to the enactment of this chapter, other building housing animals within the required setback area.

The new building housing livestock will not project further into the required setback area than did the building in existence prior to the enactment of this chapter.

The number of equivalent animal units on the parcel where the large livestock operation is or will be located, after construction of the proposed building, not be more than double the number that were present on such tract prior to the enactment of this chapter.

The confined livestock operation must establish and maintain compliance at all times with the requirements of the Pennsylvania Nutrient and Odor Management Act.[1]

The confined livestock operation must ensure dead animals, if disposed of on the property, are disposed of in strict accordance with the applicable standards of the Pennsylvania Department of Environmental Protection and until such disposition, irrespective of whether such disposition occurs on the property, are kept in airtight containers, if turkeys, chickens or piglets, and are kept in a manner so as to minimize the spread of odors and disease of larger animals.

The owner of the property on which a building to house animals in a confined livestock operation is located shall remove such building within five years following the time such building ceases to be utilized to provide housing for livestock, unless prior thereto such owner attains a use or occupancy certificate from the Township to utilize such building for another purpose. Such a use or occupancy certificate shall not be granted to permit use of such building for storage purposes, unless:

Residential uses:

Public uses:

Institutional uses. Churches and similar places of religious worship in accordance with § 245-14.51.

Accessory service uses:

Accessory commercial uses:

Each accessory use shall be located in a building occupied by residential uses or in a community activities building.

Each accessory commercial use shall not exceed 2,500 square feet of net floor area (for accessory commercial uses, net floor area as defined herein shall also exclude food preparation areas and lavatories).

Minimum development area shall be 10 acres.

Maximum density for residential units shall be 18 units per acre.

Maximum impervious lot coverage shall be 60%.

Minimum vegetative coverage shall be 40%.

Yards shall meet the following minimum setback requirements:

More than one building on a single lot shall meet the following minimum interior yard spacing requirements:

The minimum habitable floor area for residential units shall be in accordance with § 245-16.7 herein. For those facilities regulated by Pennsylvania statute, commonwealth rules and regulations shall take precedence over Township regulations.

Minimum development area shall be eight acres.

Maximum density for residential units shall be 18 units per acre.

Maximum impervious lot coverage shall be 45%, and not more than 30% of the lot shall be occupied by buildings.

Minimum vegetative coverage shall be 55%.

Yards shall meet the following minimum setback requirements:

More than one building on a single lot shall meet the following minimum interior yard spacing requirements:

The minimum habitable floor area for residential units shall be in accordance with § 245-16.7, herein; for those facilities regulated by Pennsylvania statute, the commonwealth rules and regulations shall take precedent over Township regulations.

Continuing care retirement communities shall only be permitted as a conditional use in the R-2 Zoning District when the tract upon which the continuing care retirement community to be constructed is located within 100 feet of an R-3 Zoning District.

The exterior materials of all proposed structures shall be architecturally compatible with the residential dwellings located upon adjacent properties.

The Board of Commissioners of Upper Allen Township may require an applicant for the conditional use to complete a traffic study to demonstrate compliance with the criteria set forth in § 245-19.14.C.

The land development plan presented to the Township must show the approximate location and type of use for each stage of the development.

If nonresidential uses will be a part of the development, the sequencing shall be shown so that not all residential development is constructed prior to the construction of the nonresidential development, unless the development involves an existing continuing care retirement community that already includes existing nonresidential components, in which case the staging requirement would not apply.

The plan shall indicate the extent in which existing vegetation will be preserved for landscaping purposes.

When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings, in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

Landscaped areas shall be continually maintained by the landowner or retirement community association. Care, grooming, and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

In addition to landscape elements, the plan shall include the layout of walkways, lighting in accordance with the Upper Allen Township Subdivision and Land Development Ordinance and recreation areas throughout the development for the safety and security of the residents.

Parking areas within the continuing care retirement community shall be adequately landscaped in order to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development itself, and shall be designed in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.

Buffers shall be in accordance with § 245-16.5 herein.

Must not be located in front of any principal building and in any front yard, nor any yard adjacent to any residential zoning district or residential property; and

Must be contained within an area enclosed by a solid fence or wall not less than six feet in height.

A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development.

Specific documentation of anticipated traffic volume, including data collected at locally comparable sites.

From the intersection of street right-of-way lines: 40 feet;

From the side lot line: 10 feet;

Minimum width of access drive: 12 feet;

Maximum width of access drive: 35 feet;

Minimum separation of drives on same lot: 25 feet.

Pumps: 40 feet.

Building: 50 feet.

Canopies: 55 feet.

A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

The traffic study shall be completed in accordance with the Township subdivision and land development requirements.

The minimum distance of any driveway to property line shall be 10 feet.

The minimum distance between driveways on the site shall be 65 feet, measured from the two closest driveway curbs.

The minimum distance of a driveway into the site from a street intersection shall be 60 feet, measured from the intersection of the street right-of-way to the nearest end of the curb radius.

The angle of driveway intersection with the street shall be based upon safe traffic movements and shall be approved by the Township Engineer or his/her designee.

Drive-in facilities adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

The traffic study shall be completed in accordance with the Township subdivision and land development requirements.

A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

The traffic study shall be completed in accordance with the Township subdivision and land development requirements.

Outdoor farmers market structures, including display stands, booths, tables, and stalls, shall comply with the accessory building setbacks in the district in which they are located unless a more restrictive setback is required by this section.

Outdoor farmers market structures, including display stands, booths, tables, and stalls, shall be set back 25 feet from adjacent residential property lines and zoning districts.

Structures shall be set back at least 10 feet from a street right-of-way and shall not be situated such that it interferes with any clear sight triangle.

The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales shall include all indoor and or outdoor areas as listed in Subsection A above.

Farmers markets in the Agricultural and Low-Density Residential Districts shall have no more than 10 vendors or a retail sales area of no greater than 1,500 square feet.

Outdoor farmers market structures shall be in conformance with building height regulations for principal structures of the zoning district in which it is located.

Off-street parking and access requirements shall be provided in accordance with Article XVII, Off-Street Parking and Loading, of this chapter.

In the event that a farmers market is located on a property that has a principal use with days or hours of operation that does not overlap with the days or hours of operation of a farmers market, any parking spaces serving the principal use may be counted toward the required number of parking spaces for a farmers market. In the event that a farmers market is located on a property that has a principal use with hours of operation that overlap with the hours of operation of a farmers market, shared parking may be permitted only if the applicant can demonstrate that the parking provided will be sufficient for each use.

No vehicles shall block access to neighboring properties or traffic flow while unloading and loading material.

Hours of operation, including setup and removal of all displays and products, for outdoor farmers market shall be limited to the hours between sunrise and sunset.

All farmers market shall have a market manager authorized to direct the operations of all vendors participating during all hours of operation.

All farmers market shall have an established set of operating rules addressing the governance structure of the farmers market, hours of operation, maintenance and security requirements and responsibilities, and appointment of a market manager.

At least 75% of the products for sale shall be farm products or value-added farm products. At least 75% of the vendors regularly participating during the market's hours of operation shall be producers, or family members or employees of producers.

Exterior public address systems for outdoor farmers markets shall be arranged and designed so as to prevent objectionable impact on neighboring properties.

All temporary structures used for outdoor farmers market shall be removed on the same day of operation. In the event that an outdoor farmers market will operate for two or more consecutive days on a property, temporary structures shall be removed after operations or stored in a building on site.

All applications shall include a plan for the cleanup of litter. Exterior trash receptacles shall be provided for all outdoor farmers market. All trash generated from a farmers market shall be disposed of immediately following the closing of the operation.

An outdoor farmers market cannot obstruct a sidewalk or path that is part of a pedestrian or bicycle transportation system.

All farmers markets and their vendors shall receive all required operating and health permits and licenses from the Pennsylvania Department of Agriculture or local health department. These permits/licenses (or copies) shall be in the possession of the farmers market manager or the vendor, as applicable, on the site of the farmers market during all hours of operation.

A site plan shall be submitted with the permit application showing all existing improvements on the property, number and location of off-street parking areas and driveways (including traffic control patterns), locations used for unloading and loading of products, and the specific area (dimensioned) of the property to be occupied by the farmers market.

A clubhouse with a pro shop, offices, restaurant/snack bar, game room, and child-care room.

Golf cart maintenance and equipment storage and service facilities. No outdoor maintenance or storage of golf carts shall be permitted.

Practice putting greens and driving range, without outdoor lighting.

Earth-moving and erosion-control management;

Runoff controls for herbicides, pesticides, fungicides, and fertilizer, and plans for disposal of the containers for those items;

Water use plan, including emergency condition usage;

Wastewater treatment and disposal plan;

Traffic study. A traffic study shall be submitted by the applicant in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1] The traffic study shall include, at a minimum, the following study elements:

Mosquito control; and

Nutrient plan to ensure no excess nitrates, herbicides, pesticides, fungicides or other fertilizer is used; when alternatives that are less potentially harmful to the environment are available, they shall be used.

Fairways and greens shall be set back a minimum of:

All accessory uses of the golf course shall be set back at least 100 feet from all lot lines.

All golf course buildings shall be set back 100 feet from any adjoining roads and parcels.

Parking shall be set back at least 30 feet from any adjoining lot lines, be paved with asphalt, and screened from adjoining residentially zoned or used property in accordance with buffer yard type 1, as set forth in the Upper Allen Township Subdivision and Land Development Ordinance[2] and Article XVII of this chapter. The number of required parking spaces shall be the amount required for the golf course plus accessory uses.

The use shall be conducted only by the residents within a detached, semidetached, or attached single-family dwelling in which the use is situated. Not more than one nonresident employee shall be permitted. One additional off-street parking space shall be provided for any nonresident employee.

The applicant shall demonstrate that the current lease or homeowner's covenant contains no clause which prohibits the proposed use.

Dropoff area. One on-site dropoff space for clients shall be provided. An existing driveway or common parking lot space may be used as the dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for a dropoff area and the proposed use fronts an arterial or collector roadway, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where an existing driveway cannot function as a dropoff area, an on-site dropoff space shall be provided. The dropoff area shall conform to the dimensional standards of an off-street parking space.

An outdoor play area shall be provided in accordance with state regulations.

When the accessory day care use is to be operated within a residential use, the following shall apply:

When the accessory day care use is to be operated within a nonresidential use, the following shall apply:

The applicant shall demonstrate that the current lease or homeowner's covenant contains no clause which prohibits the proposed use.

Distance between facilities. In order to avoid a concentration of individual group child-care homes in residential neighborhoods, group child-care homes located on properties within an agricultural or residential zoning district shall be located a minimum of 300 feet from each other as measured from the respective property lines. The dispersion requirement shall not apply in cases where a proposed group child-care home is located within 300 feet of a school facility or place of worship which provides child care services. No minimum distance requirement applies for properties located within other zoning districts.

Off-street parking shall be provided in accordance with Article XVII.

Dropoff/pickup area location and design. The child-care center shall provide safe off-street dropoff and pickup points in order to minimize traffic congestion. Vehicles shall enter and exit from the dropoff/pickup points at least 60 feet from any intersection. Whenever possible, the dropoff/pickup area shall be located immediately adjacent to the facility. The dropoff/pickup area should be designed in such a way that pedestrians do not cross vehicular travel lanes in any parking area or driveway. The dropoff/pickup area may be designed either as a part of the on-site parking area or the required dropoff/pickup spaces may be designed as part of the driveway providing direct access to the child-care facility. When the dropoff/pickup area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as dropoff/pickup spaces. When the dropoff/pickup area is incorporated into a driveway, the dropoff/pickup area shall be at least 12 feet in width in addition to the width of the driveway, exclusive of the driveway through traffic lane(s).

To develop reasonable guidelines so as not to discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap, as provided by the Fair Housing Act.[1]

To reasonably regulate family care facilities that are recognized as socially important but are not afforded the same protection as group homes, under the Fair Housing Act and this chapter.

To promote the safety, health, morals, convenience and general welfare of Upper Allen Township residents.

To encourage the most appropriate use of land throughout the Township.

To conserve and stabilize the value of property in the Township.

To prevent the overcrowding of land and building in the Township.

To secure safety from fire, panic and other dangers.

In a narrative form, a statement of the proposed use, including its location, number of residents, name, telephone number and contact person of the sponsoring agency.

A statement that all required approvals, permits and licenses have been granted from the federal, state, and county governments or other public agencies.

The group home shall comply with all zoning regulations in the district in which the group home is located.

All other information that is required by the Upper Allen Township Building Department prior to issuing a building permit shall also be provided to the Township.

The group home shall maintain a similar appearance, condition and character to the existing dwellings in the immediate vicinity of the group home.

Occupants of the group home facilities shall live as a family unit.

Under no circumstances shall any uses qualifying for or falling under the definition of "halfway house" be considered a group home.

In a narrative form, a statement of the proposed use, including its location, number of residents, name, telephone number and contact person of the sponsoring agency.

A statement and verification that all required approvals, permits and/or licenses have been granted from the federal, state, and county governments or other public agencies.

The family care facility shall comply with all zoning regulations in the district in which the family care facility is located.

All other information that is required by the Upper Allen Township Building Department prior to issuing a building permit shall also be provided to the Township.

No family care facility shall be established within 1,000 feet of another family care facility or a group home.

The family care facility shall maintain a similar appearance, condition and character to the existing dwellings in the immediate vicinity of the family care facility.

Occupants of the family care facilities shall live as a family unit.

Under no circumstances shall any uses qualifying for or falling under the definition of "halfway house" be considered a family care facility.

The composition of the halfway house;

The policies and goals of the halfway house and the means proposed to accomplish those goals;

The characteristics of the residents and number of residents to be served;

The operating methods and procedures to be used; and

Any other facts relevant to the proposed operation of the halfway house.

Best management practices. Beekeeping facilities must be consistent with the Pennsylvania Department of Agriculture "Best Management Practices for Maintaining European Honey Bee colonies in the Commonwealth of Pennsylvania."

Registration. The apiary must be properly registered with the Pennsylvania Department of Agriculture, Bureau of Plant Industry, pursuant to applicable Pennsylvania state laws.

Ownership and care. Ownership, care and control of the honeybee shall be the responsibility of a resident of the dwelling on the lot or the individual listed on the registration.

No apiary shall be kept in a front yard.

Apiaries must be located a minimum of 25 feet from any lot line.

The front of any apiary shall face away from the property line of the residential property or residential zone closest to the hive.

In any instance in which a hive exhibits unusually aggressive characteristics it shall be the duty of the beekeeper to destroy or requeen the hive.

Hives must be located within a secured area to protect the colony and prevent direct access by the public.

Hive type. No person shall keep or maintain honeybees in any hive other than a modern moveable frame hive which permits thorough examination of every comb to determine the presence of bee disease.

A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

A description of the location of bus stops to be conveniently accessible for patrons traveling to and from the site by bus. The location for a bus stop must be provided even if current bus service is unavailable. The bus stop area shall include a shelter, seating, waste receptacle, and shaded area.

For lots less than five acres in size, the accessory structure shall be situated not less than five feet from the lot line and no less than 25 feet from any residential or nonresidential structure on an adjacent lot.

For lots of five acres or more, the accessory structure shall be situated not less than 200 feet from any street line or property line.

All accessory buildings or structures shall be included in the lot coverage.

Dispensaries.

Medical facilities.

Common dining facilities.

Group recreation facilities.

Adult and child day care.

Banks and financial institutions.

Florists, stationery and gift stores.

Food and beverage stores.

Personal care services.

Restaurants.

Sporting goods, hobby, book, and music stores.

Minimum tract area shall be eight acres.

Yards shall meet the following minimum setback requirements:

Buildings on a single tract shall meet the following minimum interior yard spacing requirements:

Maximum impervious lot coverage shall be 60%.

Minimum vegetative coverage shall be 40%.

Minimum tract area shall be eight acres.

Yards shall meet the following minimum setback requirements:

Buildings on a single tract shall meet the following minimum interior yard spacing requirements:

Maximum impervious lot coverage shall be 45%.

Minimum vegetative coverage shall be 55%.

Long-term-care nursing and personal care facilities shall only be permitted as a conditional use in the R-2 Zoning District when the tract upon which the long-term-care nursing or personal care facility is located is within 100 feet of an R-3 Zoning District.

The exterior materials of all proposed structures shall be architecturally compatible with the residential dwellings located upon adjacent properties.

The Board of Commissioners of Upper Allen Township may require an applicant for the conditional use to complete a traffic study to demonstrate compliance with the criteria set forth in § 245-19.14.C.

The plan shall indicate the extent in which existing vegetation will be preserved for landscaping purposes.

When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

Landscaped areas shall be continually maintained by the landowner or home operator. Care, grooming and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

In addition to landscape elements, the plan shall include the layout of walkways, lighting in accordance with the Upper Allen Township Subdivision and Land Development Ordinance[2] and recreation areas throughout the development for the safety and security of the residents.

Parking areas within the continuing care retirement community shall be adequately landscaped in order to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development itself and shall be designed in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.

Buffers shall be in accordance with § 245-16.5 herein.

In the C-1, C-2, and Village Districts, only self-service laundry and dry-cleaning establishments are permitted.

Any tract of land proposed for a mobile home park must have direct access to a collector-type road or a road of higher classification, as defined by the Upper Allen Township Comprehensive Plan, and must demonstrate the roadway's capability to accommodate the transport of mobile home units.

Provision of safe and efficient ingress and egress to and from the public streets and highways servicing the park, without causing undue interference with the normal traffic flows and based on the adequacy of the thoroughfare to carry the additional traffic generated by the park.

Setback from tract boundary. No mobile home or other primary building may be located closer than 35 feet to any boundary of a mobile park, regardless of whether that boundary abuts a lot, water body, road or other right-of-way.

Lot area. All mobile home lots in a mobile home park, regardless of tenure, shall have a minimum lot size of 5,000 square feet.

Lot width.

Building area. The maximum coverage of any individual mobile home lot by all primary and accessory buildings and structures, including covered patios or decks, shall not exceed 25%.

Minimum structure setbacks.

Distance between structures. Mobile homes and roofed structures of areas attached thereto shall be separated from each other and from other buildings, other than accessory structures, at their closest points by a minimum of 20 feet; provided, however, that whenever two mobile homes have their longer sides parallel or essentially parallel to each other for more than 25% of the length of either, the minimum distance between the two mobile homes shall be 30 feet.

Front to front: 70 feet.

Front to side: 50 feet.

Front to rear: 70 feet.

Side to rear: 30 feet.

Side to side: 15 feet.

Rear to rear: 50 feet.

Corner to corner: 20 feet.

When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

Landscaped areas shall be continually maintained by the landowner. Care, grooming, and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

Buffers shall be in accordance with § 245-16.5 herein and screening in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.

When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings, in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.

Landscaped areas shall be continually maintained by the landowner or a homeowners' association or a condominium association. Care, grooming and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

Parking areas within a multiple-family development shall be adequately landscaped in order to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development itself and shall be designed in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

Buffers shall be in accordance with § 245-16.5 herein.

No nonresidential use shall be permitted on the same floor that is used for residential purposes, with the exception of legal home occupations.

No floor may be used in whole or in part for a nonresidential use on a floor located above a floor used for residential purposes.

Where there are nonresidential and residential uses in a building, the residential uses shall be provided with separate, private entrances.

The boundaries of the proposed affected area, together with drainage area above and below the area.

The location and names of the types of resources to be extracted or quarried and names of all natural and man-made features, such as streams, roads, railroads, and utility lines, on or immediately adjacent to the area.

The location of all buildings within 1,000 feet of the parcel; and the names and addresses of the owners and present occupants; total acreage; names and addresses of adjacent landowners; and the location of rights-of-way and easements, abutting and/or adjacent zoning districts and land uses.

The purpose for which each building is used, and estimated depth of the proposed operation and land area to be excavated, with dimensions.

Proposed alterations to watercourses to ensure stream quality and quantity.

Any proposed fencing and landscaping, which must comply with § 245-16.3 and § 245-16.5.

A contour map showing cross sections of the proposed quarry area, including a detailed hydrogeologic groundwater study based on complete site studies.

Shall not injure or detract from the lawful existing or permitted use of neighboring properties.

Shall not create any damage to the health, safety or welfare of the Township or its residents or property owners.

Shall not pollute the air in excess of standards set by federal or state statutes or regulations.

Shall not create noises in excess of permitted levels established by federal or state statutes or regulations or Township ordinances.

Shall not exceed the blasting parameters established by the Pennsylvania Bureau of Mining and Reclamation.

Shall not permit vibrations perceptible as detected by the adjacent or adjoining landowners' natural innate sensory input at any adjoining or adjacent property in different ownership or at public rights-of-way.

Shall not permit the emission of dust, smoke, refuse matter, odor, gas, fumes, noise or similar substances or conditions which can endanger the health, safety or general welfare or which can cause any soiling or staining of persons or property at any point beyond the property line of the use creating the emission.

Shall not impede the flow of natural watercourses.

Shall be conducted in a manner which will not allow water to collect and permit stagnant water to remain in quarries or excavations.

The storage of explosives and blasting agents, the bulk storage of flammable or combustible liquids and the bulk storage of liquefied petroleum gas must comply with the Township's Building Construction Code[2] and all other state and federal regulations applicable to the types of storage stated in this subsection.

An engineering drawing showing ownership, existing and future topography, streams, existing roads, buildings, boundaries and legal description of the tract.

A description of the location, type, extent, methods and time schedule for the operation proposed.

A drawing showing the location and/or proposed relocation of land, trees, buildings, structures, public roads, streams, drainage facilities and utility lines on the tract or adjacent tracts as may require protection, repairs, clearing, demolition or restoration either during or following the completion of the operations proposed.

A plan for reuse of the land after completion of the operations which shall permit the carrying out of the purposes of this chapter and appropriately provide for any restoration, reclamation, reforestation or other correction work deemed necessary and which shall comply with all applicable state and federal statutes and regulations governing the reclamation of the proposed facility. Such reuse plan shall comply with the filing requirements of § 245-14.44.A.

The name and address and telephone number of the operator.

The location of the operation with reference to the nearest public road.

A description of the tract or tracts, including a site plan showing the location of all improvements, stockpiles, quarry pits, etc.

The name and address of the landowner or his duly authorized representative.

An annual report of the type and quantity of material produced.

The current status of the reclamation work performed pursuant to the approved reclamation plan.

A maintenance report for the site verifying that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance have been performed.

Verification that the proposed use continues to comply with all applicable state regulations. The operator shall furnish copies of any approved permits and/or any notices of violations issued by the Pennsylvania Department of Environmental Protection to the Zoning Officer and/or Township Engineer.

No material or wastes shall be deposited upon a site in such form or manner that they may be transferred off site by natural causes or forces.

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents shall be stored outside in closed containers.

NPDES water quality and earth disturbance permits.

Section 404 of the Clean Water Act.

Chapter 105, Encroachment permit, 25 Pa. Code.

Water consumptive permit from Susquehanna River Basin Commission.

Water allocation/withdrawal permit from Pennsylvania Department of Environmental Protection.

Air quality permits.

Public Utility Commission approvals.

The landscape provisions in this chapter are intended to encourage development of an attractive working environment for development, to buffer objectionable views, to provide year-round landscape, and to provide for the mitigation of environmental impacts. The landscape requirements shall be as provided in the Upper Allen Township's Subdivision and Land Development Ordinance[1] and § 245-16.5 herein. Where conflict exists between this chapter and the Subdivision and Land Development Ordinance with regards to landscape requirements, this chapter will take precedent.

Suitable planting and landscaping shall be provided in areas required as setback under the provisions of this chapter.

Landscaping is not required for side and rear property lines behind the front building setback line for property abutting other industrial zoned property.

Parking shall not be permitted in the landscape setback abutting any street.

A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

The traffic study shall be completed in accordance with the Township subdivision and land development requirements.

A description of the location of bus stops to be conveniently accessible for patrons traveling to and from the site by bus. The location for a bus stop must be provided even if current bus service is unavailable. The bus stop area shall include a shelter, seating, waste receptacle, and shaded area.

Minimum lot area: two acres.

Minimum setback requirements:

Minimum street frontage: 100 feet.

Maximum building coverage: 30%.

Maximum lot impervious coverage: 70%.

Minimum vegetative coverage: 30%.

A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

A description of the location of bus stops to be conveniently accessible for students traveling to and from the site by bus.

Minimum lot area: two acres.

Minimum setback requirements:

Minimum street frontage: 150 feet.

Maximum building coverage: 30%.

Maximum lot impervious coverage: 70%.

Minimum vegetative coverage: 30%.

Off-street parking shall not be allowed within 10 feet of the adjoining property line and shall be screened in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.

Portions of the required front yard setback may be used for off-street parking when authorized as a special exception; however, off-street parking shall be set back a minimum of 25 feet from the street right-of-way.

The building shall not be erected or maintained within 300 feet of any lot line and 75 feet from any public or private road.

The building shall not be less than 200 square feet in size for one equine animal, with an additional 200 square feet for each added animal.

Minimum lot area: two acres.

Minimum setback requirements:

Minimum street frontage: 150 feet.

Maximum building coverage: 30%.

Maximum lot impervious coverage: 70%.

Minimum vegetative coverage: 30%.

A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

A description of the location of bus stops to be conveniently accessible for patrons traveling to and from the site by bus. The location for a bus stop must be provided even if current bus service is unavailable. The bus stop area shall include a shelter, seating, waste receptacle and shaded area.

When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings, in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

Landscaped areas shall be continually maintained by the landowner. Care, grooming and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

Buffers and screens shall be in accordance with § 245-16.5 herein and the Upper Allen Township Subdivision and Land Development Ordinance.

A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

A description of the location of bus stops to be conveniently accessible for patrons traveling to and from the site by bus. The location for a bus stop must be provided even if current bus service is unavailable. The bus stop area shall include a shelter, seating, waste receptacle and shaded area.

Building facades in excess of 100 horizontal feet shall incorporate recesses and projections.

Windows, awnings, and arcades must total at least 60% of the facade length abutting a public street.

Variation in rooflines is required to preclude the appearance of flat roofs from all public and residential uses and districts; furthermore, all rooftop mechanical equipment shall be fully screened from all public and residential uses and districts.

Each principal building shall have a clearly defined and visible customer entrance. All sides of the principal building that directly face an abutting public street shall feature at least one customer entrance per street; however, in the case where the building may face more than two streets, only two entrances shall be required.

To complement existing commercial development and surrounding residential neighborhoods, the following building materials and colors are prohibited: smooth-faced concrete block, tilt-up concrete panels, and prefabricated steel panels; high-intensity colors, metallic colors, black or fluorescent colors are prohibited. Neon tubing is prohibited as an accent material.

Each shopping center, mall, plaza or large commercial establishment shall provide at least two community amenities, such as a patio/seating area, water feature, clock tower or pedestrian plaza with benches, regardless if it is part of a shopping center, mall or plaza. In the case of outdoor cafes, the sidewalk area shall be increased to allow a six-foot obstacle-free pedestrian walkway.

The following requirements address pedestrian safety.

The internal walkway shall include streetscape elements, including, at a minimum, landscaping and benches for no less than 50% of its length.

The internal walkway must provide a weather-protection feature within 30 feet of the customer entrance.

The internal walkway must be distinguished from driving surfaces through the use of special pavers, bricks or scored concrete to enhance pedestrian safety.

The berm shall have a slope of not less than one vertical to two horizontal and must extend at least eight feet above the ground level of the highest target.

The crest of the berm at the eight-foot-minimum height limit shall be at least four feet in width as measured between the wall of the berm facing the range and the opposite wall.

Earthen side berms, as described in Subsection D(1) and (2) above, must be provided immediately adjacent to the range and shall extend from the firing line to the background berm.

Street frontage. A minimum of 30 feet for interior units and 40 feet for exterior units. The street frontage of any tract or lot containing an access drive shall be a minimum of 75 feet;

No more than eight units shall be attached in a row per building;

Public water and public sewer shall be required; and

Staggered setbacks of individual dwelling units accompanied by a variation in facade design are required so the buildings offer visual variety, individualism, and provide private yard areas. No more than two contiguous units shall have the same facade setback within a building. Changes in unit setback shall involve a minimum of four feet.

In the R-2 District, two or more single-family semidetached dwellings are permitted on a single lot when the lot is more than one acre in size and both public sewer and public water are provided.

When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

Landscaped areas shall be continually maintained by the landowner or a homeowners’ association or a condominium association. Care, grooming and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

Buffers shall be in accordance with § 245-16.5 herein.

All ASES 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 issuing of said permit for a solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself: (a) 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 or any trees or vegetation on such property; or (b) the right to prohibit the development on or growth of any trees or vegetation on such property.

The applicant has notified the Township's Fire Chief or Fire Marshal that an ASES will be installed on the property.

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 system owner/operator, or upon termination of the useful life of same.

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.

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

Zoning/building 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.

The zoning/building permit shall be revoked if the ASES, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES to not be in conformity with this chapter.

The ASES must be properly maintained and kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES to conform or to remove the ASES.

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

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 underlying zoning district.

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

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

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

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

A ground-mounted ASES shall meet the general requirements for accessory buildings or structures as defined within § 245-13.2.

The surface area of the arrays of a ground-mounted ASES, regardless of the mounted angle of any solar panels, shall be considered impervious and calculated in the lot coverage of the lot on which the system is located.

Ground-mounted ASES shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a fence may be installed in accordance with the requirements of this chapter.

Appropriate safety/warning signage concerning voltage shall be placed on ground mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.

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

A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development.

Specific documentation of anticipated truck volume, including data collected at locally comparable sites.

A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development.

Specific documentation of anticipated truck volume, including data collected at locally comparable sites.