No stable or enclosure for any animal shall be located on a parcel or lot of less than 10 acres in size or within 150 feet of any property line.

Livestock, chickens, ducks, or turkeys.

Pot belly or miniature pigs are permitted on parcels less than five acres if pot belly pig is kept within the primary dwelling unit and not allowed to roam free.

Exotic animals.

Commercial kennels are not included in this use.

Minimum lot size: two acres.

Facilities/sales areas that are totally outside shall be fenced with a six-foot-high fence and shall be located within the I Industrial Zoning District only.

Tract area. The minimum gross area of the tract shall be 10 contiguous acres.

Minimum lot area. A lot area of not less than 9,000 square feet shall be provided for each lot.

Minimum lot width. A lot width of not less than 75 feet at the building line and 70 feet at the front property line shall be provided for each lot.

Front yard. There shall be a front yard along each street on which a lot abuts which shall be not less than 25 feet in depth for each lot.

Side yards. There shall be two side yards provided on each lot, neither of which shall be less than 10 feet in width.

Rear yard. There shall be a rear yard on each lot which shall be not less than 25 feet in depth.

Building coverage. The building coverage shall not exceed 35% of the net lot area.

Impervious coverage.

Building height. The maximum height for any building shall be 35 feet, not exceeding 2.5 stories.

Density. The maximum permitted density shall be 2.6 dwelling units per gross tract acre.

Open space.

Bufferyards.

Utilities. SFBD developments shall be served by public water and sewer. All utilities shall be underground.

Fencing. Where required by the Board of Supervisors, fencing of sufficient height and material to constitute an effective visual screen shall be provided along all tract boundaries, in accordance with the requirements of Part 20, § 27-2018, Fences.

Accessory structures. All accessory structures must be located behind the principle building in the rear yard. The structure must be five feet off the side yard and rear yard property line.

Uncovered, unenclosed patios or decks may not extend more than 15 feet into a required rear yard.

Access. Provisions shall be made for safe and efficient circulation to and from public streets and highways serving the mobile home park development without causing interference or confusion with the normal traffic flow.

Site drainage requirements. The ground surface on all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner in accordance with Chapter 22, Subdivision and Land Development, and Chapter 26, Water and Stormwater Management.

Mobile home park street system. All streets shall be constructed in accordance with the Township specifications applicable to public streets in conventional residential developments.

Management office. A mobile home park shall permit one management office which shall conform to the applicable dimensional requirements of Chapter 22, Subdivision and Land Development.

To provide for an intensity and type of residential land use that is compatible with and supportive of the use of public transportation.

To recognize the publications of the Delaware Valley Regional Planning Commission (DVRPC) that support transit-oriented development around rail facilities that encourage use of public transit opportunities.

To encourage redevelopment of obsolete or vacant properties which are strategically located in close proximity to fixed-rail passenger stations.

To provide for flexibility in lot sizes, setbacks, and other area and bulk requirements so that imaginative and innovative designs can be developed.

To encourage mixed-use development consistent with traditional neighborhood design.

To ensure that mixed-use development is consistent in character in its residential and nonresidential components.

To encourage the provision of a pedestrian environment and to promote a pedestrian orientation of buildings and streets.

To encourage development that includes open and recreational spaces as focal points.

Multifamily dwelling.

Single-family attached dwelling (townhouse) (Use 5), provided that no single building may consist of more than 12 dwellings.

Mixed-use buildings, provided the uses within such buildings are individually permitted elsewhere in this section.

Business or professional office (Use 25) or governmental office (Use 51).

Retail and consumer service uses; retail shops and stores (Use 27); service businesses (Use 28); banks and savings and loan associations (Use 29); restaurants (Use 30) (provided that takeout service shall be permitted).

Day-care center (Use 17) (except that nursery school or kindergarten shall not be permitted).

Parking facilities, including structured parking, to serve the TOD development.

Playgrounds, parks, tot-lots, community centers, clubhouse, recreation center, swimming pools, plazas and open spaces to serve the residents of the TOD development.

Accessory uses as follows:

Forestry uses in accordance with Section 603(f) of the Municipalities Planning Code, 53 P.S. § 10603(f).

General.

Density, mix and tract-wide area and bulk requirements.

Residential and mixed-use building regulations.

Nonresidential uses, including commercial and nonresidential parking areas.

Pedestrian and transit-oriented design elements.

Parking. Due to the transit-oriented nature of the TOD development, a reduced demand for parking is anticipated. Parking requirements are as follows:

Loading and trash disposal.

Landscaping and buffering.

Common open space. A minimum of 5% of the gross tract area shall be used for common open space and recreational activities for the use of the residents of the TOD and shall be in accordance with the following standards:

Lighting.

Signage. The following signs shall be permitted:

In the event that a portion or all of a TOD is changed to a condominium form of ownership, the condominium association documents shall be submitted to and approved by the Township Solicitor.

The open space standards of § 27-2102 shall not apply to a development in the TOD District. The minimum open space required shall be determined by the open space and common open space uses provided herein.

If the forest disturbance provision of this chapter cannot be met, mitigation of any excess clearance of forested areas would be permitted.

The TOD shall be permitted as a conditional use, and application shall be made for such approval in accordance with the provisions of Part 25 of this chapter.

Such applications shall be accompanied by a conditional use plan showing the relationship among the various components of the proposed development. The conditional use plan shall be prepared at a scale appropriate to the size of the property and in sufficient detail to demonstrate that the plan complies with the requirements of this chapter. The conditional use plan shall be conceptual in nature and shall not be required to meet the provisions of a preliminary subdivision or land development plan. The conditional use plan shall include the following elements:

An applicant for a conditional use shall have the burden of establishing:

The lot shall have direct access to an arterial street as defined and designated by Township ordinances.

Housing for religious personnel on such lot shall meet the minimum requirements for residential uses.

Day care and nursery school/kindergarten are permitted as accessory uses to a place of worship.

The lot shall have direct access to an arterial street as defined and designated by Township ordinances.

A minimum lot area not less than 10 acres shall be required.

All buildings shall be a minimum of 100 feet from any lot line.

A buffer shall be provided in accordance with the requirements of § 22-523 of Chapter 22, Subdivision and Land Development.

The use shall be for members and their guests only.

The minimum lot area shall be four acres when the use is located within the R-1, R-2, R-3 or R-4 District.

The use shall have access to and frontage on an arterial road when located within an R-1, R-2, R-3 or R-4 District.

Minimum lot area: one acre.

The minimum yard, setback and lot width requirements for the applicable zoning district shall be met, and all area and dimensional requirements of the licensing agency shall be met.

An outdoor play area shall be provided. This area shall be located to the side or rear of the lot. The minimum required areas of such an outdoor recreational facility shall be as required under applicable state licensing requirements for each child in the facility.

Prior to the granting of a certificate of occupancy, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter II, Section 8A, of the Department of Public Welfare's Social Services Manual by this Department to the applicant, subject to licensure under Article X of the Public Welfare Code.[1]

The hours of operation shall be limited from 6:30 a.m. to 6:00 p.m., Monday through Friday, and at no other time and on no other day.

Minimum lot area: 20 acres.

Building area. Not more than 50% of the net lot area, i.e., the acreage within the right-of-way line of the abutting streets, of each lot shall be occupied by buildings.

Maximum impervious coverage: 60%.

Yard requirements:

Open space. At least 20% of the net acreage shall be usable open space, i.e., not devoted to buildings, driveways, or other paved areas. The required open space may include no more than 50% of the bufferyard.

Bufferyards. Bufferyards shall be provided along all property lines adjacent to residential uses, which shall be not less than 25 feet in width.

Special development requirements.

All facilities shall comply with the applicable state and federal laws and licensing requirements. Proof of compliance shall be made available to the Township.

Minimum lot area: two acres.

Building area. Not more than 30% of the net lot area, i.e., the acreage within the right-of-way line of the abutting streets, of each lot shall be occupied by buildings.

Yard requirements:

Access. All facilities shall have direct access to an arterial road.

Open space. At least 40% of the net acreage shall be usable open space, i.e., not devoted to buildings, driveways, or other paved areas. The required open space may include no more than 50% of the bufferyard.

Bufferyards. Bufferyards shall be provided along all property lines, which shall be not less than 100 feet in width, measured from such line or from the street line where such street constitutes the property line. Such bufferyard may be conterminous with any required yard minimum this district, and, in case of conflicts, the larger yard requirements shall apply. All bufferyards shall be in accordance with the requirements of this chapter.

Utilities. Each building and use shall be served by public water and sanitary sewer facilities at the time of development.

Accessory uses. The use may include accessory uses, such as laundry rooms, retail food sales, beauty shops and barbershops, stationery and newspaper shops, medical clinics, social service offices and other small services, provided that the total area occupied by such services shall not exceed 15% of the total floor space area of the building and shall be intended to serve the residents of the housing development.

Minimum lot area: five acres.

Minimum yards (front, side and rear): 100 feet.

Lot coverage for accessory buildings and parking facilities. No more than 10%, to a maximum of five acres, may be devoted to aboveground buildings or impervious surfaces not serving as burial markers or memorials.

A cemetery may be accessory to a place of worship.

The practice of an individual who uses touch to affect the energy systems, acupoints, Qi meridians or channels of energy of the human body while engaged within the scope of practice of a profession with established standards and ethics. Such practices include acupressure, Asian bodywork therapy, polarity therapy bodywork, qigong, reiki, shiatsu and tui na;

Reflexology;

The practice of an individual who uses touch, words and directed movement to deepen awareness of existing patterns of movement in the body and to suggest new possibilities of movement, while engaged within the scope of practice of a profession with established standards and ethics; and/or

Cold scoping and plaza treatments.

All persons providing therapy services shall have obtained all necessary licenses required by the Commonwealth of Pennsylvania or the Township. If unlicensed individuals are determined to be providing services, any special exception approval previously granted shall become void.

The premises must comply with applicable ordinances of the Township, including, but not limited to, the building, fire prevention and zoning ordinances of the Township.

Treatment rooms shall be at least 50 square feet of floor area and shall maintain a light level of no less than 20 footcandles as metered at three feet above the surface of the floor (for illustrative purposes only, such light level is equivalent to light from a single forty-watt fluorescent light bulb in the fifty-square-foot room). Such rooms shall contain a door incapable of being locked from either the exterior or the interior.

Therapies may commence operation no earlier than 7:00 a.m. and extend no later than 10:00 p.m.

An alternative therapy center shall prominently and publicly display its license on the premises, and each therapists' license shall be available for inspection. Price rates charged for any and all services shall be prominently posted in the reception area in a location available for view, and no charges may be made other than in accordance with such posted rates.

The owner or licensee or duly authorized manager shall be on duty at all times during the hours such establishment is open for business, such owner, licensee or manager shall be identifiable by prominently wearing an identification badge to that affect.

Eating or drinking shall not be permitted on the premises, including, but not limited to, the serving, either for sale or otherwise, or the possession of any alcoholic beverages.

Animals, except for service animals for the handicapped, shall not be permitted within the therapy centers.

All persons providing therapy services shall have obtained all necessary licenses required by the Commonwealth of Pennsylvania or the Township. If unlicensed individuals are determined to be providing services, any special exception approval previously granted shall become void.

The premises must comply with applicable ordinances of the Township, including, but not limited to, the building, fire prevention and zoning ordinances of the Township.

Treatment rooms shall be at least 50 square feet of floor area and shall maintain a light level of no less than 20 footcandles as metered at three feet above the surface of the floor (for illustrative purposes only, such light level is equivalent to light from a single forty-watt fluorescent light bulb in the fifty-square-foot room). Such rooms shall contain a door incapable of being locked from either the exterior or the interior.

Therapies may commence operation no earlier than 7:00 a.m. and extend no later than 10:00 p.m.

A massage therapy center shall prominently and publicly display its license on the premises, and each massage therapists' license shall be available for inspection. Price rates charged for any and all services shall be prominently posted in the reception area in a location available for view, and no charges may be made other than in accordance with such posted rates.

No person under the age of 18 shall be permitted to enter or remain on the premises or receive any massage.

The owner or licensee or duly authorized manager shall be on duty at all times during the hours such establishment is open for business, such owner, licensee or manager shall be identifiable by prominently wearing an identification badge to that affect.

Eating or drinking shall not be permitted on the premises, including, but not limited to, the serving, either for sale or otherwise, or the possession of any alcoholic beverages.

Animals, except for service animals for the handicapped, shall not be permitted within massage therapy centers.

Conditional use criteria.

A permit shall be required, to be issued by the Department of Licenses and Inspections and limited to no more than 30 days, with permissible renewals not to exceed a total of 90 days for the use.

No permanent structure or building is permitted.

Seasonal retail business is limited to no more than 5% of the total area of site.

No more than three temporary signs, with a total area not exceeding 32 square feet, are permitted, and signage shall be professionally lettered.

Temporary fencing regulations for holiday and seasonal sales only.

Temporary structure.

Consumer fireworks. Any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion or which is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for consumer fireworks as defined in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted throughout this Commonwealth.

Display fireworks. Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration or detonation. The term includes, but is not limited to:

Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4 G fireworks or 1.3 G fireworks as defined in APA Standard 87-1.

Novelties. Articles of trade having amusement value and whose appeal is often transitory, and which is limited to those items for sale described in American Pyrotechnics Association (APA) Standard 87-4, Section 3.2.

Occupied structure. A structure, vehicle, or place adapted for overnight accommodations of persons or for conducting business whether or not a person is actually present.

Outdoor storage unit. A consumer fireworks building, trailer, semitrailer, metal shipping container or magazine meeting the specifications of NFPA 1124.

Permanent facility.

Consumer fireworks. Any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion or which is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for consumer fireworks as defined in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted throughout this Commonwealth.

Display fireworks. Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration or detonation. The term includes, but is not limited to:

Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4 G fireworks or 1.3 G fireworks as defined in APA Standard 87-1.

Novelties. Articles of trade having amusement value and whose appeal is often transitory, and which is limited to those items for sale described in American Pyrotechnics Association (APA) Standard 87-4, Section 3.2.

Occupied structure. A structure, vehicle, or place adapted for overnight accommodations of persons or for conducting business whether or not a person is actually present.

Outdoor storage unit. A consumer fireworks building, trailer, semitrailer, metal shipping container or magazine meeting the specifications of NFPA 1124.

Temporary structure.

The drive-through facility shall be designed so there will be no pedestrian/vehicular conflicts.

A bypass/escape lane shall be provided, which shall be separated from the drive-through lanes and parking lanes or parking spaces.

A stacking lane for vehicles awaiting service in the drive-through lane shall be provided for each drive-through window.

Taverns shall cease operations between the hours of 2:00 a.m. and 11:00 a.m.

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

All operations shall be conducted within a completely enclosed building, and doors and windows shall remain closed during hours when entertainment is presented. Outdoor seating areas are permitted in conjunction with establishments that also include restaurant services.

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

Any tavern that proposes to operate after 11:00 p.m. shall be located at least 200 feet from any property line which adjoins an R-1, R-2, R-3, R-4, CCRC, CCRC-2, or AQC Zoning District.

Hookah bars/lounges shall cease operations between the hours of 2:00 a.m. and 10:00 a.m.; provided, however, that operations of any hookah bar/lounge located within 300 feet of an R-1, R-2, R-3, R-4, CCRC, CCRC-2, or AQC Zoning District must cease operations between 11:00 p.m. and 10:00 a.m.

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

No alcoholic beverages shall be served or consumed on the premises.

Where located on a parcel within 300 feet of an R-1, R-2, R-3, R-4, CCRC, CCRC-2, or AQC Zoning District, hookah bars/lounges must include a planted buffer, fence or other sound barrier adequate to screen adjacent properties from any activity on the premises.

Access shall be taken from an interior roadway if the hotel is part of a larger complex or from an arterial road if not part of a larger complex.

A hotel may incorporate conference facilities, restaurants, swimming pools, and other uses normally incidental to hotels.

Minimum lot area: five acres.

No outdoor active recreation area for any recreational use shall be located nearer to any lot line than 100 feet.

Outdoor play areas shall be screened with a planted buffer meeting requirements of this chapter.

Specific requirements for miniature golf courses, chip and putt courses, batting cages, or skate parks.

For purposes of this section, unless the context clearly requires a different meaning, the words, terms and phrases set forth herein shall have the meanings given them in this section:

The foregoing definitions are generic. The uses and businesses governed by this section include any other use or business, regardless of how named or advertised, that is of a character like or similar to the uses and businesses set forth in this section.

Any activity conducted or sponsored by a school district or other public agency, so long as such activity is being conducted as part of and within the scope of an authorized and regular part of the curriculum or is part of a training or instructional program being conducted by a public agency.

Any activity conducted by a person pursuant to any license issued by the Commonwealth of Pennsylvania or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession, in and to the extent that such activity is conducted within the course and scope of the exercise of the privileges authorized by such license or the duties of such agency.

It shall be unlawful for any person to engage in, conduct or carry a permit to be engaged in, conducted or carried on, in or upon any premises within the Township, the operation of an adult business unless the person first obtains and continues to maintain in full force and effect a permit issued by the Zoning Officer as required by this section.

A permit shall be issued to any applicant who has complied with all of the following requirements:

Each application for a permit under this section shall be accompanied by a nonrefundable fee in an amount established by resolution of the Township Board of Supervisors. The application fee shall be used to defray, in part, administrative costs incurred in processing the application and is not made in lieu of any other fees or taxes required under this chapter or the Code of the Township of Warminster.

Any person who proposes to operate, maintain or conduct an adult business in the Township shall first submit to the Zoning Officer a complete application for an adult business permit, on a form provided by the Township, containing the information set forth in this section and payment of the required Township nonrefundable application fee, as established by resolution and amended by the Township Board of Supervisors from time to time. An application that is not accompanied by the required application fee shall not be deemed a complete application.

If the applicant is an individual, the individual shall state his or her complete name, including any aliases, and address and shall submit satisfactory written proof that he or she is at least 18 years of age.

If the applicant is a partnership, the applicant shall state the complete name and address of the partner signing the application, as well as the names of all partners, whether the partnership is general or limited, and shall attach a copy of the partnership agreement, if any.

If the applicant is a corporation, the corporation shall provide its name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Pennsylvania, the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.

If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant shall provide the fictitious name of the adult business and show proof of registration of the fictitious name.

Each application shall contain:

Each application shall also contain the following information about the person signing the application:

An adult business establishment lawfully existing and operating on the effective date of this section shall apply for a permit within 90 days therefrom and shall be allowed to continue operating during the pendency of the application; provided, however, that such adult business is otherwise in compliance with applicable provisions of this chapter and the Code of the Township of Warminster.

Upon application of any adult business establishment not lawfully existing and operating on the effective date of this section, a temporary permit, not to exceed 30 days, shall be issued immediately upon receipt of a complete permit application. The said temporary permit shall expire automatically at the end of the thirty-day period unless extended by the Zoning Officer.

Upon receipt of a complete application and payment of the application and permit fees, the application shall be immediately stamped as received by the Zoning Officer.

Within 30 days of receipt of a complete application, the Zoning Officer or his designated official shall conduct and complete an investigation of the information contained in the application to determine whether the applicant shall be issued an adult business permit in accordance with the provisions of this section and notify the applicant as follows:

The Zoning Officer shall grant the application and issue a business permit upon finding that the proposed business meets the locational and zoning requirements of the Township and that the applicant has met all of the development and performance standards and requirements of this section.

Upon notification to the applicant that the application has been granted by the Zoning Officer, or if the Zoning Officer fails to either grant or deny the application within 30 days of receipt of a complete application, the applicant may begin operating as an adult business pursuant to the terms and conditions of the permit. The permittee shall post the permit conspicuously in the premises of the adult business establishment.

Each adult business permit shall expire one year from the date of issuance and may be renewed only by filing with the Zoning Officer a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Each application for renewal shall be acted upon as provided herein for action upon application for a permit.

Within 30 days of receipt of a complete application, the Zoning Officer shall deny an application for a permit if he or she makes any of the following findings:

Transmittal of decision. The decision to deny the application shall be given to the applicant, in writing, setting forth specifically the ground or grounds upon which the decision is based, the pertinent section of this chapter pursuant to which the permit is denied, and a brief statement of the factual matters in support of the denial. The decision shall be mailed by United States Mail, postage prepaid, addressed to the applicant at the last known address of the applicant, or it may be personally delivered to the applicant.

Appeal to the Board of Supervisors. Within 10 days from the deposit of the denial in the mail as set forth in this section, or from receipt of the denial by the applicant by personal delivery, the applicant may appeal, in writing, to the Board of Supervisors, setting forth with particularity the ground or grounds for such appeal.

Hearing on appeal. A panel of the Board of Supervisors, consisting of at least three members thereof, shall set a time and place for a hearing on the appeal, not less than 10 days nor more than 30 days from the date the appeal is received by the Board of Supervisors, and shall conduct a hearing at the time and place so specified.

Disposition of appeal. Following the hearing on the appeal, the Board of Supervisors may refer the matter to the Zoning Officer to conduct a new investigation and to issue a new decision, may affirm the denial of the application, or may approve the application. The decision of the Board of Supervisors shall be final. Notice of the decision of the Board of Supervisors shall be mailed to the applicant within 10 days of the date of the hearing.

A permit issued pursuant to this section may be subject to suspension or revocation or other appropriate disciplinary action for any of the following grounds arising from the acts or omissions of the permittee or employee, agent, partner, director, stockholder or manager of an adult business:

Each adult business establishment shall comply with all building, fire, electrical, plumbing and health requirements of the Code of the Township of Warminster, all requirements of this chapter, all state and federal requirements of a similar nature which are customarily enforced by the Township, and all provisions of this section.

No adult business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specific sexual activities or specified anatomical areas, as herein defined, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

All off-street parking areas and premises entries of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system providing an average maintained horizontal illumination of one footcandle of lighting on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways servicing the adult business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

With the exception of adult cabarets, each adult business subject to this section shall close and remain closed from 12:00 midnight to 9:00 a.m. the following day.

The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice shall be constructed and posted to the satisfaction of the director of public safety or designee. No person under the age of 18 years shall be permitted within the premises at any time.

All indoor areas of the adult business shall be physically arranged in such a manner that the entire interior portion of the booths, rooms, cubicles or stalls wherein an adult entertainment enterprise is provided shall be clearly visible from the common areas of the premises, excluding rest rooms. Rest rooms may not contain video reproduction equipment.

Visibility into booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever.

No adult business shall contain partitions between subdivisions of a room or portions or parts of a building, structure or premises with an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partitions.

No viewing room may be occupied by more than one person at any one time.

Customers, patrons or visitors shall not be allowed to stand idly by or in the vicinity of any such video booths or remain in the common areas of an adult business, other than the rest rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the permittee's permit to conduct the adult business.

All areas of the premises of an adult business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, at an illumination of not less than one footcandle, as measured at the floor level. It shall be the duty of the permittee and permittee's agents to ensure that the illumination required by this subsection is maintained at all times that a patron is present on the premises.

The adult business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion-picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide rest room facilities to patrons or the general public.

The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

Adult businesses shall employ security guards in order to maintain public peace and safety, based upon the following standards:

The requirements of this section shall be deemed conditions of adult business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations.

The applicant shall authorize and allow entry by public officials of the Township into the premises wherein the applicant operates or proposes to operate an adult business establishment, for the purpose of conducting one or more inspections to determine whether the establishment complies with all applicable building, fire, electrical, plumbing, health and zoning requirements of the Code of the Township of Warminster, all state and federal requirements of a similar nature which are customarily enforced by the Township, and the provisions of this chapter.

Any and all investigating officials of the Township shall have the right to enter adult business establishments from time to time, during regular business hours, to make reasonable inspections to observe and enforce compliance with the building, fire, plumbing and health regulations of the Code of the Township of Warminster or the provisions of this chapter. A warrant shall be obtained whenever required by law.

A person who operates an adult business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit a lawful inspection of the premises at any time it is occupied or open for business.

Dimensional requirements:

This use shall be permitted only where there is frontage on an arterial road.

All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.

Fuel pumps and canopies shall be at least 25 feet from any ultimate street right-of-way.

All automobile parts and similar articles shall be stored within a building.

All refuse shall be stored within a building or enclosed area.

Paint spraying or body and fender work shall not be permitted.

Lubrication, oil changes, tire changes, and minor repairs are permitted if entirely within a building.

Vehicles shall not be stored outdoors while awaiting repairs for more than five days.

Junk vehicles or unlicensed vehicles may not be stored in the open at any time.

A fueling station may contain only two of the following four types of activities: fuel pumps; convenience commercial, which is sale of convenience, food, and beverage items; service bays; and car washes. The fuel station building for any and all of these uses shall not exceed 5,000 square feet.

No drive-through windows are permitted for sale of convenience items.

The applicant shall present a plan to demonstrate the methods by which any spills of liquids will be contained and shall also demonstrate that the stormwater management system is designed to capture volatile organic compounds, oils, and solids. The applicant shall also provide to the Township a copy of a maintenance agreement setting forth the terms for the management of the facilities.

A minimum lot width of not less than 120 feet shall be provided along each street on which the lot abuts.

Each facility shall provide paved, off-street, stacking or parking spaces for the temporary storage of vehicles waiting to use the facility. A stacking area shall be provided for each wash bay. Under no circumstances shall vehicles be permitted to use abutting streets to temporarily wait to use the car wash facility.

A water recycling system shall be employed. Environmentally friendly soaps and solvents shall be used.

All preparation, lubrication, repair or similar activities shall be accessory to the principal use and shall be conducted within a building.

All automobile parts and similar articles shall be stored within a building.

Storage or display of vehicles for sale shall be placed no closer to the future street right-of-way line than 25 feet.

There shall be no more than one access point into the facility from each street on which the facility has frontage, unless more than one is specifically permitted by the Board of Supervisors.

An auto body shop may be included as an accessory use, incidental and subordinate to the automotive sales, provided that it meets the regulations of a motor vehicle repair garage use, and provided that it is located at the rear or side of the building containing the principal use.

Parking areas for auto sales customers and for auto service must be clearly delineated so as to separate them from auto display and storage areas.

All repair, installation of parts, and paint work shall be performed within an enclosed building.

All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties.

No vehicle shall be stored in the open awaiting repairs for a period exceeding 14 consecutive days.

Dimensional requirements:

No sale of fuel to retail customers is permitted. There shall be no fuel pumps.

Junk vehicles or unlicensed vehicles may not be stored in the open at any time.

This use is permitted only on lots with frontage on an arterial road.

No sale or rental of vehicles shall be permitted.

Minimum lot area: two acres.

No animal housing area shall be closer to any lot line than 50 feet.

All animals shall be kept in buildings or in outdoor areas enclosed by fences designed and constructed to prohibit animals from escaping.

All kennels shall be licensed under the Dog Law, Act of 1982, P.L. 784, No. 255.[1]

This use shall be located on an arterial road.

Building design. Buildings shall be designed to reflect and enhance the visual, historic and cultural character of Warminster Township. Exterior building materials shall be brick, wood, stone, tile, or other traditional materials. No concrete block or tilt-up concrete walls shall be permitted. There shall be no uninterrupted lengths of blank wall longer than 100 feet. Walls shall be differentiated with recesses, windows, facade details, changes in color, or materials. All sides of a building shall be architecturally consistent with the front facade, and all building faces visible from the street or abutting properties shall have the same architectural features and style as the front facade.

The use shall be designed to accommodate safely pedestrian and vehicular traffic. Pedestrian circulation shall be provided throughout the site, and pedestrian connections shall be provided to adjacent sidewalks.

The plan shall provide for shopping cart corrals if shopping carts are to be used. Cart corrals shall be provided in addition to the required parking spaces.

The applicant must submit, as a part of the preliminary land development or subdivision plan, a market analysis indicating the market for the proposed facility and the area from which patrons will be attracted.

The use shall include a public amenity, such as an outdoor plaza, patio seating area, water feature, clock tower, or other amenity that will enhance the character of the area. The scale of the public amenities shall be in proportion to the size of the proposed store.

As part of the land development agreement for the establishment of a retail store of 60,000 square feet or greater, provisions shall be made for the removal or adaptive reuse of the structure by the applicant should the facility not be used for a period of 12 consecutive months. Financial security may be required by the Township.

Loading docks shall be shielded from view and shall not be visible from adjacent residential districts or from public streets.

Maximum impervious surface: 60% of lot area.

No more than seven guest rooms may be provided.

Required off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway by a five-foot fence or plant material.

There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which may not exceed eight square feet.

No external alterations, additions, or changes to the exterior structure shall be permitted except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency.

The use shall be carried on primarily by members of the immediate family who reside on the premises.

There shall be no separate kitchen or cooking facilities in any guest room. Food served on the premises shall be limited to breakfast and afternoon tea only and shall be served only to guests of the establishment.

The maximum, uninterrupted length of stay at a guesthouse shall be 14 days.

This use is permitted in the Hartsville and Johnsville Historic Overlay Districts only.

Weddings, receptions, and special events. A bed-and-breakfast may be used for weddings, receptions, meetings, and other special events which attract people who are not guests at the bed-and-breakfast only where the following additional requirements are met:

Minimum lot area: 20 acres, unless otherwise specified by the district requirements.

Maximum impervious surface: 50% of lot area.

Building placement. No building or permanent structure, other than a permitted sign, shall be erected within 100 feet of a street line or within 50 feet of any property line. The exterior 50% of the setback shall be landscaped with trees, shrubs, and ground cover.

No parking, loading, or service area shall be located less than 50 feet from any property line, including the street line. Parking shall be arranged so that at least 50% of the required parking is located to the side or rear of the shopping center buildings.

Parking, loading or service areas shall not be permitted within the required bufferyards or within the exterior 50% of the required setbacks.

The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural style with appropriate landscaping. Where building pads are proposed which are not connected to the main structure of the shopping center, these shall be shown on the overall plan and shall be integrated with the shopping center so that pedestrians can walk safely to individual buildings without being endangered by vehicular traffic. All structures in a shopping center shall be connected either as part of one large structure or by means of pedestrian ways or walkways on which pedestrians can move from one building to another without unsafe interference from vehicular traffic.

The applicant must submit, as a part of the preliminary land development or subdivision plan, a market analysis indicating the market for the proposed facility and the area from which patrons will be attracted.

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind and shall meet the lighting requirements of this chapter.

Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted.

Cart corrals shall be provided if shopping carts are used by any stores within the shopping center.

Along any lot line, a bufferyard shall be provided which shall be not less than 100 feet in width, measured from such lot line or from the street line where such street constitutes the lot line, and shall be in accordance with the provisions of this chapter. Such bufferyard may be coterminous with any required yard in this district, and, in case of conflict, the larger yard requirements shall apply. No parking areas, loading areas, trash collection areas, or driveways (except where they cross the buffer perpendicular to the boundary line) are permitted to occupy the 100 feet of the bufferyard at the property or street line.

The service must be performed in sanitary conditions and in compliance with all federal, state, and local regulations, rules and laws regulating such practices.

The place of service shall be a minimum of 1,000 feet from the nearest public or private school.

The limited personal service provider shall display notices as required by Pennsylvania law regarding the necessity of parental consent before any procedure is performed on a minor.

Facilities shall take access to the site from Street Road and SR 263 only.

All equipment shall be screened by a wall, fence, or landscaping screen not less than six feet in height.

Motor vehicle leasing shall be subject to the following requirements:

A medical marijuana dispensary shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any special exception shall immediately become void.

A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school, day-care center, place of worship, public park, or community center. Nor shall a medical marijuana dispensary be located closer than 2,500 feet from another medical marijuana dispensary or from a medical marijuana grower/processor.

A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, dropoff, or pickup services shall be permitted.

A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.

A medical marijuana facility shall be limited to hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.

A medical marijuana dispensary shall submit a disposal plan to, and obtain approval from the Township Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.

There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is operating.

No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.[1]

No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.

The minimum size of a medical marijuana dispensary facility shall be 2,000 gross square feet in total floor area.

A medical marijuana dispensary shall submit a security plan to, and obtain approval from, the Township Engineer, the Township Planner, and the Township Police Chief. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act[2] and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.

A medical marijuana dispensary shall provide proof of a contract with a private security company, and shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.

A medical marijuana dispensary shall submit a site plan for approval by the Township Engineer and a floor plan for approval by the Township Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

Minimum lot area: 1/2 acre.

Railway/transportation stations with a five-acre (net) lot area:

Parking.

Such area will be for the parking of cars of employees, customers, or guests of establishments in the zoning district where the parking garage is proposed.

No sales or service operations shall be conducted within the garage.

Parking space size, aisle widths, ramp configuration, and other design standards as required by Chapter 22, Subdivision and Land Development, shall be met.

Maximum height: 35 feet, unless otherwise provided by conditional use in exchange for reducing overall site impervious surface by at least 20%.

The parking garage shall make provisions for the bicycle racks and motor scooters, which shall be included in areas protected from precipitation.

A parking garage shall include stations for recharging electric vehicles at 5% of the parking spaces.

A parking garage shall meet the setback requirements for the district in which it is located.

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, 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. The owner of the tower-based WCF shall perform a minimum of one on-site inspection of the tower-based WCF each year. The on-site inspection shall include a climb of the tower-based WCF. A written report, prepared by a professional engineer, detailing the results of the on-site inspection, including the climbing inspection, shall be submitted to the Township within 30 days of the inspection. In the event the inspection reveals any issues with the structural integrity of the WCF, the owner of the WCF shall, within 60 days, take any and all steps to repair the facility and submit a further report to the Township indicating the nature of the repairs made. The report shall include a certification of structural integrity by a professional engineer. Failure to make the necessary repairs and submit a certification of structural integrity within 60 days of the original inspection shall result in the revocation of the zoning permit and shall require the prompt removal of the tower-based WCF.

Wind. Any tower-based WCF structure shall be designed to withstand the effects of wind 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 (Standard 222, as amended). Such structures must be designed to withstand wind gusts of at least 100 miles per hour.

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. The maximum total height of any tower-based WCF shall not exceed 130 feet, which height shall include all subsequent additions or alterations. Tower-based WCFs in the right-of-way shall not exceed 50 feet in height.

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.

Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or eligible to be so listed, listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township as being of historic significance.

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.

Lighting. No tower-based WCF shall be artificially lit, 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.

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 chapter. 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.

Graffiti. Any graffiti or unapproved signs on a tower-based WCF shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti or signs.

Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. 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 and the Township shall advise the applicant, in writing, of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.

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 chapter.

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:

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.

Indemnification. Each person that owns or operates a tower-based 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 the tower-based WCF. Each person that owns or operates a tower-based 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 tower-based WCF. 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.

The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

The following regulations shall apply to all non-tower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

The following regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached:

The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:

The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:

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.

Such use shall be limited to a transformer station, pumping station, electrical substation, telephone substation, water or sewer facility and any public or private utility, but shall not include telecommunications uses or facilities.

Such use must be required to serve the Township of Warminster.

Such use shall be required to obtain land use approval pursuant to Chapter 22, Subdivision and Land Development.

Building and zoning permits shall be required for all utilities.

The maximum height of aboveground water storage facilities shall be determined by the Board of Supervisors in accordance with the need to protect the community's safety and appearance.

The following minimum setbacks from all property lines shall be provided:

Minimum lot sizes shall be adequate to accommodate the above setbacks, parking requirements and other building requirements.

All parking spaces and access drives shall be at least five feet from any side or rear lot line. Two off-street parking spaces or one space per full-time employee stationed at the facility, whichever provides the greater number of spaces, shall be provided.

A bufferyard shall be provided along all property lines, which shall include adequate means for visual screening and which shall meet the requirements of this chapter.

The building size shall not exceed 15,000 square feet.

The building may contain offices for the contractor's use, as well as storage of material and equipment.

No outside storage of material or equipment is permitted.

Vehicles are permitted to be parked outside, provided that there shall be no more than 10 vehicles stored on the premises.

No explosives, toxic, radioactive, corrosive, oxidizing or highly flammable or combustible materials and chemicals shall be stored on the premises.

Tractor trailers, cargo boxes, or other vehicles or structures meant to be transportable shall not be permitted to be used as accessory buildings for storage.

Outside storage of boats, RVs, commercial vehicles, etc., is permitted as long as enclosed by a secured eight-foot-high fence.

When applying for a zoning permit, the applicant shall provide the following plans and information:

Minimum lot area: 15 acres.

Minimum lot width at building setback line: 300 feet.

Performance standards.

Composting plant. A facility at which composting is done. "Composting" shall mean the process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product. "Compostable material" shall mean organic waste which is capable of undergoing composting. Composting activities associated with normal farming operations shall not be included in this definition of "composting plant."

Landfill or municipal landfill or sanitary landfill. A Pennsylvania Department of Environmental Protection approved facility for disposing of solid waste on land without creating nuisances or hazards to the public health or safety.

Recycling center. A facility established to receive, process, store, handle, and ship recyclable materials.

Resource recovery facility. A plant, establishment, set of equipment or other operation that recovers materials or products, including heat, electricity or recyclable materials from otherwise waste materials. A resource recovery facility shall not include a landfill.

Transfer station. A facility which receives and temporarily stores solid waste or recyclable materials at a location other than the generation site and which facilitates the bulk transfer of accumulated solid waste or recyclables to a facility for further processing or disposal.

Minimum net lot area: 10 acres.

Minimum lot width: 450 feet.

Minimum front yard: 200 feet (400 feet if adjacent to residences or a residential district).

Minimum side yard: 100 feet (200 feet if adjacent to residences or a residential district).

Minimum rear yard: 100 feet (200 feet if adjacent to residences or a residential district).

Dimensional requirements:

The storage facilities complex shall be surrounded by a fence, at least eight feet in height, of a type approved by the Township. The outside perimeter of the fence shall be surrounded by an evergreen hedge which shall provide a visual screen, with evergreens a minimum of six feet in height planted every six feet.

Outdoor storage of automobiles, boats and recreation vehicles is permitted if they are within the fenced area, provided that the parked vehicles shall not interfere with traffic movement through the complex and are not visible from the street.

An office and residence is permitted as an accessory use to provide for a full-time caretaker.

Minimum requirements for lease restrictions:

Dimensional requirements:

Outdoor storage is not permitted.

Minimum requirements for lease restrictions:

Minimum lot area: one acre.

A medical marijuana grower/processor shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up to date registration with the Department of Health. Should registration be denied or revoked at any time, any conditional use approval shall immediately become void.

A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

A medical marijuana dispensary must be located on a lot containing not less two acres.

A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school or a day-care center. Nor shall a medical marijuana grower/processor be located closer than 2,500 feet from another medical marijuana grower/processor or medical marijuana dispensary.

A medical marijuana grower/processor must operate entirely within an indoor, enclosed, and secure facility.

A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.

A medical marijuana grower/processor shall be limited to hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.

A medical marijuana grower/processor shall submit a disposal plan to, and obtain approval from the Township Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.

There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor is operating.

No one under the age of 21 shall be permitted in a medical marijuana grower/processor.

No retail sales of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

A medical marijuana grower/processor shall submit a security plan to, and obtain approval from the Township Police Chief. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act[1] and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.

A medical marijuana grower/processor shall contract with a private security company, and the grower/processor shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.

A medical marijuana grower/processor shall submit a site plan for approval by the Township Engineer and a floor plan for approval by the Township Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

The area devoted to the permitted professional use shall be located within either the practitioner's dwelling or a building accessory thereto.

The floor area devoted to such professional use shall be equivalent to not more than 25% of the ground area covered by the practitioner's dwelling, excluding the ground area covered by an attached garage or such other similar building.

Not more than two employees, assistants or associates, in addition to the resident practitioner, shall be employed on the premises.

No external alterations shall be made which involve construction features not customary in dwellings.

The accessory professional use shall have direct access to an arterial street as herein defined.

Parking spaces for the parking of passenger automobiles, but excluding parking of commercial vehicles other than vehicles not exceeding a one-half-ton loading capacity that are needed for travel to and from work by residents of the principal building, are completely enclosed within a building and are without materials or equipment, and also excluding repairs, sale of gas, and other such commercial uses.

Structures such as fences or walls.

Accessory structures within required side and rear yard. Required side and rear yards may be occupied by an accessory garage for accessory garage use and other permitted accessory buildings, structures, or uses, provided that:

Height. No accessory building, structure, or use shall exceed 20 feet in height.

Porches or patios within required front, side and rear yards. In residential districts, required front, side and, rear yards may be occupied by a porch or patio cover that is attached to the dwelling, provided that:

Decks. Uncovered, unenclosed patios or decks may extend not more than 10 feet into a required rear yard only but may not extend closer than 10 feet to any side or rear property line, unless otherwise specifically permitted by the terms of this chapter.

Buildings, such as detached garages, storage sheds, bathhouses, greenhouses or other accessory structures. Such structures shall not exceed a total of 500 square feet of ground floor area.

Swimming pools shall be located not less than 10 feet from the primary structure or other buildings.

A family day care use shall only be permitted as an accessory use in a single-family detached dwelling.

The owner and operator of a family day care use must obtain a registration certificate from or be licensed by the Pennsylvania Department of Public Welfare. Failure to maintain the registration or license as required shall result in a termination of the special exception approving same, and it shall be the affirmative obligation of the owner and operator of a family day care use to provide, annually, proof to the Township that the registration certificate or license is valid for each year.

A family day care use must be located in a residence which has frontage on a public street, and the operation of the family day care use must be conducted in a manner so as not to obstruct the normal flow of traffic. Where necessary to provide for safe transfer of children to and from the facility, the Zoning Officer may require additional off-street parking and driveway area as a condition of the grant of any zoning permit.

Persons engaged in a family day care use shall be limited to the members of the household of the operator residing on the premises.

There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

Office, commercial and industrial uses may provide cafeterias for their customers, employees and/or guests and may provide day-care facilities for their employees, provided that:

Office uses may include newsstands, coffee shops and/or sandwich shops (which may sell sundries) which primarily serve the employees of the office uses, provided that:

Accessory structures, including pavilions and decks shall be permitted as accessory structures subject to the following conditions:

This use permits a business, only in those zoning districts where the use is permitted, to establish a heliport for its respective corporate purposes. This use does not permit establishment of an independent helicopter transport business. The use shall be buffered from other adjoining incompatible uses, such as day care and residential uses and districts. The standards are required to maximize attention to the proper site design, including the location of structures and parking areas, proper ingress and egress, development of an interior street system, where applicable, architectural design, landscaping and compatibility of any proposal with natural foliage, soils, contours, drainage patterns and the need to avoid visual intrusions and performance nuisances while maintaining visual continuity throughout the host site.

Access shall be taken from an interior roadway, a common access drive, approved building landing pad, parking lot or rail line for shipping and freight purposes.

Where this use is approved by the Board of Supervisors for an at-grade location, and unless otherwise required of the host site, a fence shall be constructed that is a minimum of six feet high, along with a dense screen planting of evergreens, berming suggested, 20 feet in depth, as a visual and sound barrier along the boundary on the sides and rear of the parcel. Trees shall be planted in accordance with the tree list set forth in Chapter 22, Subdivision and Land Development.

Except for emergency uses and those required by law, the heliport operations shall be scheduled between the hours of 6:00 a.m. and 9:00 p.m.

No parcel where a heliport is proposed to be built may be within 500 feet of a building in which a day-care program is maintained, except as an accessory use to an inhouse business.

This use must comply with all federal, state and local laws.

A wind system shall be permitted as an accessory use only. Power generated by a windmill pursuant to this section shall not exceed 20 kw. There shall be no commercial use of windmills for the generation of energy, except for that energy generated in excess of the requirements of the property and purchased by a public utility in accordance with existing law or other governmental regulation, so long as the overall energy output of the windmill does not exceed the limits set forth in this subsection.

Uses for which the wind system is a permitted accessory use are agricultural uses, residential uses, and industrial uses.

No wind system shall be permitted in any open space area that has been set aside, either as part of a development or preserved through a Township, county, state, federal, or conservancy preservation program.

A wind energy system may be a freestanding pole structure or may be attached to another structure or building; however, only one windmill shall be permitted on any lot or tract of land.

Every proposed wind system, whether freestanding or attached to another structure, shall be designed and engineered to provide for safe operation. Detailed engineering plans, prepared by a licensed professional engineer, for all proposed wind systems shall be submitted with applications for approval. If an attached system is proposed, these engineering studies shall demonstrate to the satisfaction of the Township that the wind system shall not compromise the structural integrity of the building to which it is attached.

Maximum height. The maximum height of any wind system is 75 feet. This height shall include the pole or mounting structure and the blade when extended to its highest position. The pole or mounting device shall not exceed 60 feet.

All wind systems shall be set back a minimum of 2.5 times the height of the structure, including the blade as extended to its highest position, from any lot line, aboveground utility line or pole.

All facilities shall meet the applicable electrical codes and shall be performed by a licensed electrical contractor.

Nuisance standards. All wind systems shall be designed to avoid any adverse impacts on surrounding properties. No lights shall be permitted on the wind system. All applications shall contain information on the proposed color, orientation, design of the system, and any electrical interference effects.

Access control. Access to the system shall be controlled by a fence with a height of eight feet with locking portal. The ground-level equipment and structures shall be adequately buffered from adjacent properties and street rights-of-way with landscaping or fencing. Access to a windmill shall not be provided any lower than 15 feet at the highest point of the windmill base.

A minimum of one sign shall be posted near ground level or on the tower structure warning of high voltage. The electric and utility lines to and from a wind system shall be underground.

There shall be no antennas, advertising or other items or material affixed to or otherwise placed upon a windmill, except those required for safety or otherwise required by the Township.

No windmill shall be permitted that lacks an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and/or excessive pressure on the windmill or any of its component parts. Windmills shall meet any and all applicable manufacturer's specifications, as well as any state or federal standards regarding their installation and operation. All windmills shall be built, operated, and maintained to applicable industry standards as determined by the Institution of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).

The Township Zoning Officer may require an annual inspection report, prepared by an independent, licensed professional engineer, to be provided by the owner no less than 30 days from the date of a written notice to the owner requiring such inspection. The report shall certify the structural soundness and proper operation of the windmill.

Any windmill that has not been in active and continuous service for period of one year shall be removed from the property and the site restored to its preconstruction condition.

The minimum lot area of 9,000 square feet in which the dwelling is located is required for the principal dwelling in order to be eligible to add an accessory in-law dwelling.

A permit from the Bucks County Department of Health or other governmental agency with jurisdiction shall be required. Such permit shall indicate that the property can be served by either public sewers or by an adequate on-lot septic system prior to the issuance of a zoning permit.

Only one accessory in-law dwelling shall be allowed per lot. The accessory dwelling shall only be used as an in-law dwelling and shall not be used as a rental unit.

Accessory in-law dwellings shall be part of the principal residence or may be contained in an existing accessory structure such as a garage, provided that the garage or other structure is located within the building envelope for the district. No new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use unless the principal use is located on a lot which has a lot size which is 1.5 times the minimum lot size required for that use in the district within which the principal residence is located.

Accessory in-law dwellings shall not be located in cellar or basement areas (an area having 1/2 or more of its floor-to-ceiling height below the average level of the adjoining ground), except where at least one wall of the accessory in-law dwelling is at grade level, with direct access to the outside from the accessory in-law dwelling.

There shall be no changes to the exterior of the residence which suggest that the dwelling unit is other than a single-family detached dwelling or which otherwise detract from the single-family character of the neighborhood.

The height of the accessory building to be used for the accessory in-law dwelling shall not exceed the height of the principal dwelling.

Occupancy of such use shall include only relatives of the family occupying the principal residence.

Frontage requirements. The minimum lot frontage on at least one street shall be 150 feet for all principal uses with accessory drive-through facilities to ensure adequate room for access drives.

Drive-through facilities shall abut only arterial streets or community collector streets. Access shall not be taken from local streets.

Drive-through facilities shall not be located across the street from residential zoning districts unless separated by an arterial street.

Drive-through facilities are not permitted on sites abutting schools, parks, playgrounds, libraries, and churches.

The solar energy system shall provide power for the principal use of the property and shall not be used for the generation of power for the sale of power to other users; provided, however, that excess energy produced by the system may be sold to a public utility in accordance with existing law or governmental regulation.

The solar energy system may be mounted on the ground or on a roof and shall receive approval from the local utility provider for the connection of such system to the utility grid.

No solar energy system mounted upon any structure may exceed the maximum building height for the district where it is located. A ground-mounted system shall not exceed the maximum height for an accessory structure.

The surface of a ground-mounted system shall be calculated as a part of the overall lot coverage and shall constitute no more than 500 square feet.

No solar energy system shall be located in a front yard. Mechanical equipment associated with the system shall be screened from view from any adjacent parcel and shall be set back a minimum of 10 feet from the rear or side property lines.

All power connections from a ground-mounted system to a structure shall be located underground.

No advertising devices or signs, including banners, streamers, ribbons, pennants, or spinners, shall be affixed to the system. The manufacturer's or installer's identification and any appropriate warning signs and placards shall be displayed on the system, in accordance with the sign regulations contained in this chapter.

A building permit shall be obtained for any solar energy system, and all systems shall be designed to conform to applicable industry standards, as well as the Uniform Construction Code. All wiring shall conform to the requirements of the National Electrical Code (NEC). In addition, each installation shall be made in accordance with any local grid connection and metering requirements of the utility provider.

Solar energy systems shall meet the requirements of any and all other applicable Township ordinances, codes or regulations.

Beekeeping as an accessory residential or educational use shall be permitted only pursuant to a duly issued Township zoning permit and subject to the rules and procedures as provided in this section.

Commercial use prohibited. Beekeeping shall be permitted for personal or educational use only. The keeping of bees as part of any home-based business or for other any commercial purposes, including but not limited to the selling of bees or bee products, is prohibited.

No beekeeper may own or maintain an apiary within the Township or obtain a Township zoning permit for same without having first registered each proposed apiary location with the Pennsylvania Department of Agriculture, Bureau of Plant Industry (Department) as required by the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as amended, and maintaining such Department registration in good standing at all times thereafter.

No beekeeper may own or maintain an apiary within the Township or obtain a Township zoning permit for same without having first provided to the Township written proof that the applicant has executed the most current Pennsylvania Apiary Advisory Board Voluntary Best Management Practices for Maintaining European Honey Bee Colonies in the Commonwealth of Pennsylvania agreement or such other best management practices protocol as may be approved by the Pennsylvania Department of Agriculture, Bureau of Plant Industry, from time to time (BMP agreement), and that the applicant has fulfilled all other then-applicable certifications and requirements under the Bee Law and regulations promulgated thereunder.

No beekeeper may own or maintain an apiary within the Township without first obtaining a zoning permit from the Township Zoning Officer. An application for a Township zoning permit shall be made in writing and upon such form or in such format as established by the Township, and shall be accompanied by such permit fee, if any, as may be established from time to time by resolution of the Township Board of Supervisors. The application shall be accompanied by a plot plan that includes the size of the lot, the location and number of hives, the location of each water source, the distance of the hives from the property lines, and, if required, the location of any flyway barriers. The application shall also be accompanied by written evidence that the applicant has completed a certified beekeeping educational program, and that the applicant has duly registered its proposed location with the Department, has executed a then-current BMP agreement, and has fulfilled all other then-applicable certifications and requirements under the Bee Law and regulations promulgated thereunder.

The issuance and maintenance in good standing of a Township zoning permit shall be conditioned upon and subject to compliance with all Township rules regarding the location and maintenance of beekeeping facilities, as provided herein, with all other Township ordinances, and with all then applicable Department registrations, certifications, rules and regulations.

A beekeeper owning or maintaining an apiary in the Township pursuant to a Township zoning permit issued hereunder shall promptly notify the Township Zoning Officer and cease beekeeping activities immediately (i.e., without unnecessary delay, and in no event longer than 48 hours), if said beekeeper's Department registration terminates or lapses, or if the Department of the Township Zoning Officer determines that beekeeper is conducting beekeeping in violation of its current BMP agreement, in violation of any other requirement arising under the Bee Law, or in violation of this chapter of any other Township ordinance. In such event, any Township beekeeper zoning permit issued hereunder shall be automatically suspended and shall not be reinstated unless and until beekeeper submits proof that its Department registration has been restored and beekeeper can demonstrate to the satisfaction of the Township that it is able to resume and conduct beekeeping activities in compliance with all requirements of the applicable Township requirements as provided herein.

Nonproperty owners that wish to own or maintain an apiary on property that the nonproperty owner is renting must include written permission from the property owner or landlord that expressly grants permission to the nonproperty owner applicant to maintain an apiary on the subject property. Such written permission shall be provided to the Township as part of each beekeeping zoning permit application.

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

Maximum number of colonies. For a property with a minimum of 5,000 square feet of lot area, a beekeeper is permitted to keep two hives. For every additional 5,000 square feet of lot area, the beekeeper is permitted two additional hives, for a maximum of six hives.

Location of hives. Beekeeping facilities shall meet the primary structure setback requirement from any lot line.

Location of beekeeping facilities. Beekeeping facilities shall not be located within 50 feet of a swimming pool or permanently kenneled animal at the time of initial establishment.

Beekeeping facilities are prohibited from and shall not be located in the front yard of any property as defined by the Zoning Ordinance.

Hive orientation and flyaway barriers. Hive entrances shall face away from neighboring property and in such a direction that bees fly across the beekeeper's property at sufficient distance to gain a height of at least six feet at the property line. The use of barriers may be employed to redirect the bees' flight pathway and establish bee flight pathways above six feet. Should the flight path not be able to be obtained as described above, then a flyway barrier, at least four feet in height, shall be placed along the side of the hive(s) that contain the entrance to the hive(s), shall be located within five feet of the hive(s), and shall extend at least two feet on either side of the hive(s). A flyway barrier shall consist of a fence, vegetation, hedge, or combination thereof, that provides for suitable flight path of bees as described above. No flyway barrier is required for hive(s) that are located on porches or balconies at least 10 feet above grade.

Beekeeping facilities shall erect signs as necessary, but no larger than one foot by one foot, to warn persons of the presence of bees.

All hive areas shall, at a minimum, be surrounded by a three-foot-high fence to prevent unauthorized access.

Water. From April 1 through November 1 of each year, all beekeepers in the Township shall ensure that a convenient source of fresh water is available to the bees which is located closer to the apiary than any other water source.

Maintenance. All beekeepers shall ensure that no bee comb or other materials are left upon the ground of the apiary site. Upon removal from the apiary, all such material shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

Best management practices. All beekeepers owning or maintaining an apiary in the Township shall practice such best management practices as adopted or recommended by the Department. (In the event of a conflict or inconsistency between the BMP agreement or other Department requirements, and any more strict Township ordinance requirements, the Township requirements shall prevail.)

Nuisances prohibited. It shall be unlawful for any beekeeper to keep any hive in such a manner as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life, or interfere with the normal use and enjoyment of the properties surrounding the beekeeper's property. By way of example and not limitation, the following activities are hereby declared to be a public nuisance and are, therefore, unlawful: