West Cocalico Township, PA Zoning Ordinance

An adult oriented business shall not be permitted within 1,000 feet of any other adult oriented business.

An adult oriented business shall not be permitted within 1,000 feet of any public or private school, day care facility, public recreation facility, commercial recreation or entertainment facility, library, museum, or church. No adult oriented business may be established within 200 feet of any adjoining residential property and/or residentially-zoned property.

No performance, service, materials, merchandise, or film offered for sale, rent, lease, loan or for view within the premises shall be exhibited or displayed outside of a building or be visible from outside the building or structure.

Any building or structure used and occupied as an adult oriented business shall be windowless, or have an opaque covering over all windows and doors where performance, service, materials, merchandise, or film are exhibited or displayed.

No sign shall be located upon the premises which depicts a visual representation of the type of performance, service, materials, merchandise, or film being offered therein.

All entrances to the premises shall be posted with notices that persons under the age of 18 years are not permitted to enter and warning all other persons that they may be offended by the performance, service, materials, merchandise, or film exhibited or displayed therein.

No adult oriented business may change to another adult oriented business except upon approval by an additional special exception.

The use shall not create an enticement for minors because of proximity within 1,000 feet of uses where minors are known to congregate.

No sexual activity or conduct shall be permitted other than the individual purchase or viewing of products or performances offered within the adult-oriented business.

No more than one adult oriented business may be located within one building.

Agricultural Operations. Within all zoning districts, the following general requirements shall apply to agricultural operations:

No structure other than a dwelling or residential accessory use shall be constructed closer than 50 feet to any property line.

All areas utilized for grazing or pasture areas shall be fenced.

The applicant shall demonstrate that the farming operation allots for the safe and efficient movement of all vehicles associated with the operation.

All proposed entrances and exits to the operation shall be designed and improved in a manner which does not allow mud or gravel to be deposited or accumulate on or along abutting public streets.

The applicant shall demonstrate, satisfactorily, that the methods of disposing of dead animals are in strict compliance with applicable State standards. Dead turkeys, chickens, or piglets shall be kept in airtight containers, if not composted. Larger dead animals shall be kept in a manner so as to minimize the spread of odors and disease.

A land development and/or stormwater management plan shall be submitted to, and approved by, the Township in accordance with the requirements of the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22].

All applications for new concentrated animal feeding operations and concentrated animal operations or expansions of such facilities shall provide evidence of compliance with the following:

The applicant shall provide a statement indicating compliance with the Commonwealth of Pennsylvania Nutrient Management Act, 3 Pa.C.S.A. § 501 et seq., as amended, the Commonwealth of Pennsylvania CAFO (Concentrated Animal Feeding Operations) [25 Pa. Code § 83.701] regulations under the Federal Clean Water Act, and copies of all other required State and/or Federal permits.

In addition to those requirements that apply to all agricultural operations, all applications for new operations or the expansion of existing operations involving aquaculture, fish farming, or the raising of fish, shellfish, and their by-products shall provide evidence of compliance with the following:

The applicant shall provide a statement indicating compliance with the effluent regulations of the Federal Environmental Protection Agency, as amended.

The applicant shall demonstrate satisfactorily that the water circulation system and shipping of products are in strict compliance with State regulations.

The applicant shall demonstrate that fish and shellfish waste disposal and disposal of dead or excess products are in strict compliance with Federal guidelines and regulations.

Agricultural-Related Business.

Where permitted by this chapter, agricultural related businesses shall meet all of the following criteria.

An agricultural related business may involve any one of a wide range of uses, so long as the use is designed and directed to support agricultural operations. Such uses may include, but need not be limited to:

Agricultural equipment sales and service.

Agricultural consultants.

Agricultural hardware sales and service.

Agricultural planting, harvesting and fertilizing services.

Blacksmith shop and farriers.

Slaughtering, processing, packaging, storage and wholesaling meat and other agricultural products.

Veterinary offices, stables and kennels.

Agricultural feed and fertilizer supply and distribution.

Grain or feed mills.

Facilities for the sale, repair, and service of agricultural equipment, vehicles, feed or supplies.

(k)

Wholesale agricultural produce sales, stockyards and buying stations.

Landscape planning, design, planting and maintenance operations excluding retail sales.

Excavating business and equipment storage excluding fill and waste area operations.

The applicant for an agricultural related business shall provide written information, in sufficient detail as may be required to fully describe the nature of the agricultural related business. Such information shall include, but not be limited to:

The goods or services provided.

Equipment, machinery and materials used in the agricultural related business.

The number of employees.

Hours of operation.

Waste products, including sewage, that will be generated including methods of proper storage and disposal.

The agricultural related business shall be designed and operated m accordance with the following:

The area and height regulations as provided in the applicable zoning district except as follows:

The maximum building coverage shall be 50% or 10 acres, whichever is less.

No portion of any area associated with the agricultural related business shall be located within 100 feet of any side or rear lot line or 300 feet of any structure used for any residential use and/or any residentially zoned property.

No shrub or tree shall be planted within 20 feet or 30 feet, respectively, of any adjoining land within any agricultural district.

The industrial performance standards provided in Part 12.

Except as provided elsewhere in this section, no new building for housing livestock, area for the processing or storage of manure, garbage or spent mushroom compost, structures for the raising of feedstock or the cultivation of mushrooms, or new slaughter area shall be permitted within 500 feet of any adjoining residential structure and/or residentially zoned property.

Exterior storage of goods and materials shall be permitted only within the side and rear yards. Exterior storage of goods and materials shall not be permitted within any required yard or setback. Exterior storage of goods and materials shall screen in accordance with the requirements of Part 21 if from all adjoining residential structures within 250 feet.

Exterior display of finished product for sale shall occupy an area that is no more than 20% of the gross floor area of the business. The exterior display area shall not be located within the required front yard building setback nor any required parking area and it shall be surfaced with an all-weather, dust-free material.

The agricultural related business shall occupy no more than 20 acres of lot area, including all access drives, exterior storage areas, required buffering and screening, or any other area used as part of the agricultural-related business but excluding stormwater management facilities.

All access drives leading onto the site shall have a paved minimum 24-foot-wide cartway for a distance of at least 100 feet from the street right-of-way. If portions of interior of interior access drives are unpaved, then a 50-foot-long stone section of access drive shall be placed just beyond the preceding 100-foot paved section.

Off-street parking and loading spaces shall be provided in accordance with the requirements of Part 18 of this chapter.

The agricultural-related business shall also comply with all other applicable provisions of this chapter, Chapter 22, Subdivision, Land Development, and Chapter 23, Stormwater Management.

Review by the "first run" emergency services providers is required. The applicant shall address the emergency providers' comments to the satisfaction of the Township.

Agritainment.

Any use proposed under this section may not otherwise be permitted by right, special exception or conditional use within the A-1 Agricultural District.

No new buildings shall be permitted.

Proposed activities shall be located so that the amount of land capable of being used for agricultural production that is proposed to be converted is minimized.

The development of an agritainment use must be principally oriented around a farm (dwelling, barns, other buildings, and land) that existed as of September 7, 2011.

The applicant shall provide a traffic control plan, including reflective directional signage meeting requirements of PennDOT and the Manual of Uniform Traffic Control Devices addressing intersections and potential stacking on any road system within one mile of the property.

Minimum lot area: five acres.

Maximum lot area: 10 acres.

Maximum lot coverage: 50%.

All buildings, structures, off-street parking and loading areas shall be set back at least 100 feet from any adjoining property lines, and 300 feet from any adjoining residences or residentially zoned property.

The applicant shall furnish evidence of an approved means of water supply and sewage disposal to serve all proposed uses.

The applicant shall provide for sufficient off-street parking spaces and off-street loading spaces for all of those uses proposed according to the off-street parking and loading provisions of this chapter. All off-street parking and/or loading areas shall be screened from adjoining residences and from adjoining roads. The Board of Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.

Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle back-ups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle back-ups on adjoining roads.

The applicant shall furnish evidence of the provision of adequate public safety services including trained volunteers and paid professionals, whether public or private.

Any outside pedestrian waiting lines shall be provided with a means of shade.

The total area devoted to retail sales shall not exceed 2,000 square feet.

The applicant shall submit and continuously implement a working plan for the clean up of litter and other debris.

No part of an agritainment use shall be located within one mile of another.

(18)

The Zoning Hearing Board will approve the proposed use(s) only upon finding that the site and buildings provide for a logical location for such use(s) that can be effectively accommodated without adverse impact to adjoining uses, due to hours of operation, noise, light, litter, dust and pollution.

(19)

For any such activities planned or anticipated to have attendance of more than 200 persons at any one time during a day, an event plan addressing parking, proposed days of operation, ingress and egress, sanitation and other public safety issues shall be filed annually with the Zoning Officer, servicing fire company, emergency medical service provider, and any local law enforcement agency at least 30 days prior to the start of any agritainment activities in each calendar year.

Agri-venue.

Any agri-venue business operation must at all times remain secondary, subordinate, incidental and accessory to the active agricultural or farming principal use of the property.

No more than one structure capable of human occupation involved or utilized in the agri-venue business operation except arbors and gazebos may be utilized on the property at any one time.

An agri-venue business may only be operated on a parcel of land that would meet the definition of a "farm" as provided in § 27-202.

No new permanent structures shall be constructed for the agri-venue use other than small structures such as arbors and gazebos.

Agri-venue uses shall be owned or operated by the landowner or a member of the landowner's immediate family.

All activities, buildings, structures (except driveways and permitted signs), off-street parking and loading areas associated with the agri-venue use shall be set back at least 100 feet from any adjoining property line, and at least 300 feet from any adjoining residence or residentially zoned property.

No agri-venue shall operate more than 45 days per calendar year, but it may host more than one activity on any one of such days.

No on-street parking shall be permitted.

The property on which an agri-venue is conducted must have the amount of frontage upon a public road required by this chapter, and all vehicular access to the agri-venue must be to and from a public road.

No new access or driveway may be created (except for paving an existing driveway) for the use of the agri-venue. An existing driveway may be relocated in accordance with the requirements of Chapter 22, § 22-604.

Every agri-venue shall provide sanitary facilities and running water, for the patrons of same, but not including those provided within any dwelling on the property. The applicant shall have the burden to prove that the water is potable and the sanitary facilities are connected to a sewage disposal system capable of processing all waste generated by the agri-venue use. If, however, the use is limited to five or fewer events during a calendar year, then approved temporary sanitary facilities, and liquid refreshments transported to the event, may be utilized.

All signage shall comply with the requirements of Part 17 of this chapter.

All off-street parking and loading shall comply with the requirements of Part 18 of this chapter.

An applicant has the burden to establish that the proposed agri-venue use shall not have a detrimental impact on the citizens of the Township due to traffic generated, numbers of attendees, hours of operation, noise, light, litter, dust and pollution.

A satisfactory trip generation and site access analysis, prepared in accordance with Chapter 22, Subdivision and Land Development, shall be provided at the time of the special exception hearing before the Zoning Hearing Board. The traffic analysis shall include:

The total average daily trips (ADT);

The available minimum safe stopping sight distances at the point of existing or proposed site access; and

Demonstration that the site access meets or exceeds applicable safe stopping sight distance requirements.

All buildings within which the agri-venue business is conducted shall be in compliance with Pennsylvania Uniform Construction Code in effect at the time the application is presented.

Airport/Heliport.

Airports and heliports shall be permitted by special exception in the I-C Industrial/Commercial District as combined or separate uses. Heliports, alone are permitted by special exception in the A-1 and A-2 Agricultural District.

All facilities shall be for private use and not for passenger/fare service and shall be designed and operated in strict compliance with all applicable State and Federal laws and regulations.

The applicant shall furnish evidence of obtaining a license from the Pennsylvania Department of Transportation Bureau of Aviation prior to the approval of the special exception application.

No part of any runway or taxiway shall be within 300 feet of any property line. Additionally, no pad for any heliport shall be within 150 feet of any property line.

Amusement Arcades.

The subject tract shall front on and gain access from either an arterial, major collector, or minor collector road as identified in this chapter, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.

All activities shall be located within completely enclosed buildings.

The applicant shall produce evidence that the proposed land use will not create a nuisance due to noise or loitering on the premises.

The site shall be kept free of litter at all times in accordance with a plan for the clean-up of litter to be provided by the applicant.

Animal Hospitals and Veterinary Clinics.

Boarding areas shall be within completely enclosed buildings, and any outdoor animal pens, stalls, or runways shall be located within the rear yard area.

All pasture and outdoor recreation areas shall be fenced to prevent the escape of animals, with such fencing having a setback of at least 10 feet from all property lines.

The operator shall exercise suitable control over the routine and proper disposal of all animal waste so as not to become a nuisance to adjoining properties.

Animal Laboratory.

Animal laboratories are permitted subject to the following criteria:

The applicant shall submit a written description of the proposed research, testing, experimentation and/or biomedical (or pharmaceutical) product manufacturing program that will utilize animals. If the proposed use includes injections or introduction into and/or extractions from animals (collectively, "injections"), the description shall include identification of the substances involved in the injections.

Provide adequate facilities to ensure that animals will be confined to the site. The use minimizes fencing or other structures, equipment or devices that restrict the natural movement of wildlife in their existing habitat and corridors, based on the latest habitat and biodiversity information available.

Provide that the injection or introduction of animals be limited to those reagents that are inert, non-viable, non-infectious and non-hazardous, and shall specifically exclude any live microorganisms, live viruses (whether wild-type or attenuated), live bacteria, live fungus, live mycoplasma, or live parasites; or recombinant polynucleotides (such as DNA or RNA, expression vectors, knockout vectors or gene therapy vectors); or radioactive compounds or isotopes. This requirement shall not be construed as to prohibit any standard and well-established practice of veterinary medicine.

The animal laboratory complies with all applicable statues regarding animal control, and the care and treatment of animals.

As applicable to the particular facility, the animal laboratory shall have an approved plan for the handling and disposal of medical and biohazardous waste, recombinant DNA technology, and hazardous substances including but not limited to chemicals and radioactive materials. Up to date copies of appropriate permits shall be submitted to the Township and kept current in the Township office upon renewal.

Provide documented proof that all required permits, licenses, registrations, approvals and similar requirements of State and Federal regulatory agencies have been obtained. The Township shall be notified within 60 days of any change in the status of such permits, licenses, approvals and registrations.

Operations involving the use of animal derived substances must acquire at least 50% of these materials from on-site, or site adjacent sources.

The classification(s) of the road(s) providing access to the animal laboratory shall be appropriate for the anticipated volume and class of vehicle(s) generated by the animal laboratory as determined by a traffic impact study conducted in accordance with the requirements of the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22].

A 250-foot setback line will be in effect around the entire border of the property into which no animals will be permitted to roam freely, be housed, or be disposed of, in order to provide an appropriate buffer between research animals used at the facility and people, pets, livestock and animal life found on adjoining agricultural lands.

In reference to the keeping of animal life on site the following will apply and shall be demonstrated at the time of application:

Boarding areas shall be within wholly-enclosed buildings, and any outdoor animal pens, stalls or runways shall be located within the rear yard area.

All pasture and outdoor recreations areas shall be fenced to prevent the escape of animals.

Suitable control shall be exercised over the animals so that a nuisance condition is not created by excessive noise, dirt or odor.

Animal laboratories shall be required to comply with the industrial performance standards of Part 12 of this chapter.

The landowner will be required to demonstrate that it has provided individual notice to each adjoining landowner of proposed development activities prior to submitting development plans to the Township.

An emergency response plan will be provided in conjunction with local emergency services providers which will address, at a minimum:

Provisions for emergency access to the site including procedures for obtaining entry into any secured/locked areas.

The need for specialized emergency response equipment.

A preparedness, prevention and contingency plan for handling hazardous substances to be updated on a regular basis.

A list of emergency contacts containing the names, addresses and telephone numbers of several alternates with access to existing facilities.

A narrative that describes the location of the site in relation to people-oriented activities to include, but not limited to, child care facilities, schools, rest homes, hospitals, and sensitive environmental features.

Narrative that defines potential health, welfare and safety risks, identifying potential hazards, exposure pathways and proposed mitigation measures.

Any other information deemed to be necessary by emergency service providers in order to determine adequacy of emergency services to the site.

A narrative outlining any specialized training required for the emergency responders.

Credible evidence shall be provided indicating that the transportation, storage and disposal of all materials and wastes will be accomplished in a manner that complies with State and Federal regulations. Such evidence shall, at a minimum, include the identification of all materials used in or generated by the operation, the method(s) of handling, storage, distribution and disposal. Copies of contracts with waste haulers that have been contracted to dispose of the materials and wastes used or generated by the operation or some other legal means of disposal shall be provided.

Plans acceptable to the Township for the disposal of laboratory animals which are euthanized or otherwise culled from the animals continuing to be used for the agricultural sciences support operation's program. Any incineration or disposal shall comply with all requirements of State and Federal law. Any area used for incineration will be completely screened from ground level view:

Evidence of compliance with all hazardous materials and waste disposal regulations shall be provided and such evidence shall include:

A listing of all materials to be used and/or produced on the lot as well as a description of those materials in relation to the following criteria:

Explosiveness.

Flammability.

Oxidizing capacity.

Corrosiveness.

Toxicity; ecotoxicity.

Communicability to humans and animals.

The likelihood of mortality from infection, if any.

A listing of all wastes generated on the lot.

Written evidence that the storage, treatment, processing, transfer and disposal of all materials and wastes shall be accomplished in a manner that complies with all applicable Federal, State, County and local requirements, including, but not limited to, the following:

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101), 53 P.S. § 4000.101 et seq.

The Federal Emergency Management Act, 42 U.S.C. § 5121 et seq.

The Federal Superfund Amendment and Reauthorization Act, 42 U.S.C. § 9601 et seq.

The Pennsylvania Solid Waste Management Act (Act 97), 35 P.S. § 6018.101.

The Pennsylvania Hazardous Materials Emergency Planning and Response Act, 35 P.S. § 6022.101 et seq.

The Pennsylvania Low-Level Radioactive Waste Disposal Act, 35 P.S. § 7131.101 et seq.

The zoning permit for this use shall remain valid only so long as the plans identifying the materials used in or generated by the operation, the method(s) of handling, storage, distribution and disposal remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the animal laboratory change in the future, such that the plans identifying the materials used in or generated by the operation, the method(s) of handling, storage, distribution and disposal are no longer in effect or the materials used or wastes generated changes either in type or amount, the owner of the ASD shall so inform the Zoning Officer and shall provide additional evidence demonstrating continued compliance with the requirements of this section.

Automobile Filling Stations.

The subject property shall have a minimum lot width of 125 feet.

The subject property shall be at least 300 feet from the property line of any parcel containing a school, day care facility, playground, library, or nursing, rest, or retirement home.

Any vehicle not receiving repair work within the preceding seven days shall be removed. The storage of unregistered vehicles on the property is prohibited.

The outdoor storage of vehicles awaiting repair work shall not be permitted in front of the principal building. No more than three vehicles may be stored per service bay, and the storage area for such vehicles shall be provided with buffering, landscaping, screening in accordance with Part 21 of this chapter, and shall be a minimum of 50 feet from all property lines.

No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service operation shall be permitted. Materials discarded as part of the service operation shall be contained within completely enclosed dumpster equipment.

Gasoline pump islands shall be at least 30 feet from the street right-of-way line.

Entrances and exits shall be a minimum of 30 feet in width.

All ventilation equipment associated with fuel storage tanks shall be at least 100 feet from and oriented away from any adjoining residential property and/or residentially-zoned property.

All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle back-ups on adjoining roads.

The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with State and Federal regulations.

Automobile/Truck Service and Repair Facilities.

In the A-2 and I-C Districts, the subject tract shall be accessible to either an arterial, major collector, or minor collector road as identified in this chapter, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.

All service and/or repair activities shall be conducted within a single, completely-enclosed building.

All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle back-ups on adjoining roads.

No more than three vehicles may be stored per service bay. All exterior vehicle storage areas shall be a minimum of 50 feet from all property lines, and provided with buffering, landscaping, screening in accordance with Part 20 of this chapter along adjoining residential and/or residentially-zoned property.

The storage of unregistered vehicles on the property is prohibited.

All ventilation equipment associated with fuel storage tanks shall be at least 100 feet, and oriented away, from any adjoining residential property and/or residentially-zoned property.

All vehicles shall be repaired and removed from the premises as promptly as possible. Any vehicle not receiving repair work within the preceding seven days shall be removed.

The demolition or storage of junked vehicles is prohibited.

The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with State and Federal regulations.

Banks (see § 27-2305.MM).

Bed and Breakfast Establishments.

No external modifications which would alter the residential character of the dwelling, with the exception of fire escapes, are permitted.

All floors above ground level shall have an emergency escape access to ground level.

All parking areas shall be at least 25 feet from all property lines.

One sign may be erected which shall be no less than 10 feet from all property lines.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the principal dwelling and the bed and breakfast. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the principal dwelling and bed and breakfast. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the existing on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the principal dwelling and bed and breakfast.

A bed and breakfast shall not include more than six rooms for rent; and meals, if offered, shall be available only for registered overnight guests.

The applicant shall provide notice from the Township Building Codes Official of compliance with the Uniform Construction Code [Chapter 5, Part 1].

Beekeeping.

Colonies shall be maintained in transportable frame hives.

Hives shall be located within the rear yard area of the lot and be placed to maximize sunshine exposure and wind protection.

Hives shall be located no closer than 100 feet from any property line unless a six-foot high fence is located along any adjoining property line for a distance of at least 100 feet from the hives, but in no case shall hives be located within 50 feet of any property line.

Hives shall have access to an on-site or centralized water supply. Unless a natural water supply exists on the subject tract, the beekeeper shall provide a water-filled tank with a board or crushed rock as a landing area for bees.

Hives shall not be oriented to active yard areas on neighboring properties.

Adequate techniques in handling bees shall be maintained to prevent unprovoked stinging within 100 feet from the hive.

Billboards.

The subject tract shall abut, front on or gain access from either an arterial, major collector, or minor collector road as identified in this chapter.

No more than one billboard is permitted per lot.

No billboard shall be located within 1,000 feet of another billboard.

All billboards shall be at least 35 feet from all street right-of-way lines.

All billboards shall be at least 500 feet from any adjacent residential property and/or residentially-zoned land.

Billboards shall not obstruct the view of any motorist on an adjoining road or the view of adjoining commercial or industrial uses which depend upon such visibility for identification.

No billboard may exceed 300 square feet in area or be greater than 25 feet in height.

Design and construction of billboards shall conform to applicable requirements of the International Building Code including Appendix H and shall be submitted to the Township's Engineer for review of compliance with the Code and other safe construction industry standards. Conflicts between these Code provisions and any others found in this chapter shall be resolved in favor of the provision that is more restrictive.

Boarding Houses.

In the V-C - Village Center District, the subject tract shall front on and gain access from either an arterial, major collector, or minor collector road as identified in this chapter, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.

The minimum lot area shall be two acres in all districts except the V-C - Village Center District, where a minimum of one acre is required.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the boarding house. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the boarding house. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the boarding house operation.

No external modifications which would alter the residential character of the dwelling, with the exception of fire escapes, are permitted.

All floors above ground level shall have a direct means of emergency escape to ground level.

All parking areas shall be at least 25 feet from all property lines.

Meals shall be offered only to registered tenants.

The applicant shall provide notice from the Township Building Codes Official of compliance with the Uniform Construction Code.

Campgrounds.

The minimum lot area for a campground shall be 10 acres.

If the campground contains more than 100 campsites, the subject tract shall front on and gain access from either an arterial, major collector, or minor collector road as identified in this chapter, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.

All campsites shall have a setback of 50 feet from any side or rear property line and a minimum of 100 feet from any street right-of-way line.

Each campsite shall be at least 1,500 square feet in size and shall either provide parking space for one automobile which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area. No parking space shall interfere with the vehicular movement along the internal access drives of the campground.

The internal access drive system shall have a minimum cartway width of 10 feet for each driving lane and shall be improved with any hard surface material acceptable to the Zoning Hearing Board. On-drive parallel parking shall not be permitted. The Zoning Hearing Board may require additional cartway improvements for campgrounds proposing more than 50 sites when, in the judgment of the Zoning Hearing Board, such improvements are beneficial to the vehicular circulation and safety of the campground.

All playground and recreation areas shall be at least 100 feet from adjoining residential properties with the usage of these areas being limited to registered campers and their guests.

All campgrounds shall furnish centralized completely enclosed sanitary and garbage collection facilities that are leak proof and vermin proof and that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from any adjoining residential property and/or residentially-zoned properties.

Any accessory commercial and/or service facilities shall be located at least 100 feet from adjoining residential properties and shall be limited to serve only the needs of the registered campers and their guests. Direct access to these facilities from the public street is prohibited. Appropriate screening shall be provided for these facilities when they adjoin residential properties.

Campground identification signs shall not exceed 32 square feet in area and shall be at least 10 feet from any street right-of-way line and 25 feet from any adjoining property lines.

Active or passive recreation areas shall comprise at least 20% of the gross area of the campground.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the campground and related uses. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the campground and related uses. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the campground and related uses.

During operation every campground shall have an office in which shall be located the person responsible for operation of the campground.

No permanent structures, except necessary utilities, shall be permitted on any campsite other than fire places.

No persons shall be permitted to permanently reside on any campsite.

The site shall be kept free of litter at all times in accordance with a plan for the clean-up of litter to be provided by the applicant.

Car Washes.

Centralized sewer and water facilities shall be provided, and grey water recycling is required. Adequate provision for the collection and disposal of greases shall be demonstrated.

For automatic and self-service car washes, each washing bay shall provide a 100-foot long on-site stacking lane which precedes the washing process. For full service car washes, such on-site stacking shall be a minimum of 300 feet per bays.

All structures shall have a minimum setback of 100 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line.

The site shall be kept free of litter at all times in accordance with a plan for the clean-up of litter to be provided by the applicant.

Cemeteries.

For cemeteries exceeding two acres in size: If the site is within the A-1 and A-2 Agricultural District, the applicant shall demonstrate that the proposed location is located on Soil Capability Units III, IV, V, VI, VII, or VIII as defined by the United States Department of Agriculture and as classified by the Soil Survey of Lancaster County, Pennsylvania, issued May 1985, or the least agriculturally productive soils.

All burial plots and facilities shall be located at least 50 feet from any property line or street line.

Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.

Any escrow account provided for by State or Federal law shall be established in favor of the Township.

In no case shall any use relating to a cemetery be located within the 100-year floodplain of an adjacent watercourse.

As of the effective date of this chapter, no new private family cemetery shall be established and no existing private family cemetery shall be expanded to provide additional burial plots.

Churches and Related Uses.

Churches.

In the V-C District, the subject tract shall front on and gain access from either an arterial, major collector, or minor collector road as identified in this chapter, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.

The minimum lot area shall be two acres, and the minimum lot width shall be 200 feet.

A side yard setback of 50 feet shall be maintained on each side.

All off-street parking facilities shall be at least 25 feet from the street right-of-way line.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the church and any related uses. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the church and any related uses. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the church and any related uses.

Church-Related Educational or Day Care Facilities.

If educational facilities are offered below the college level, the applicant shall provide an outdoor plan for recreation which shall be acceptable to the Zoning Hearing Board and which shall include appropriate screening and buffering from any adjacent residential property and/or residentially-zoned property.

Student and child drop-off areas shall be designed to eliminate the need to cross traffic lanes within or adjacent to the site.

The applicant shall provide a parking plan which justifies that the proposed parking facilities are sufficient for the intended use.

Clubhouses (Private Clubs).

Off-street parking shall be provided at least 25 feet from all street rights-of-way, and parking compounds shall be at least 50 feet from any adjoining residential property and/or residentially zoned property and screened in accordance with Part 21.

Any outdoor recreational facilities shall be located at least 100 feet from any property line.

Screening and buffering in accordance with Part 21 shall be provided along any adjoining residential property.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the clubhouse. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the clubhouse. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the clubhouse.

Shooting range facilities shall be planned, built, operated and maintained in accordance with the recommendations of the National Rifle Association's Range Sourcebook. Credible evidence of compliance with the NRA's recommendations needs to be provided.

Cluster Developments.

The applicant shall demonstrate that the design of the development implements current smart growth recommendations as provided by the Pennsylvania Planning Association. Adjacent and surrounding land uses, especially residential uses, shall be considered when developing plans for a cluster development to provide the opportunity for well-planned and interconnected communities.

The applicant proposing the cluster development shall demonstrate compliance with all of the expressed standards and criteria set forth in § 27-2110 of this chapter.

Child or Adult Day Care Facilities.

Recognizing the growing need for child and adult day care facilities, it is the intent of the Township to encourage the establishment of such facilities in a manner which will preserve the character of residential neighborhoods while meeting the operational and physical standards of the Pennsylvania Department of Public Welfare (DPW). Child and adult day care facilities, operated within a residence, are not subject to the requirements for home occupations or home businesses contained elsewhere in This chapter.

The provisions of this section shall apply to child or adult day care facilities providing service for all or part of a twenty-four-hour day for children less than 16 years of age, or for persons who are otherwise disabled. Day care facilities shall include day care homes and day care centers as defined by this chapter, many of which are subject to Chapter II, §§ 8A, 8B, and 8C of DPW Social Services Manual Regulations. This section does not apply to activities excluded by the definition of "child or adult day care" in this chapter or child day care service furnished in places of worship during religious services.

The following general provisions apply to all child or adult day care facilities:

All child day care facilities shall comply with all current DPW regulations including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire safety codes.

The operator of a day care facility will allow appropriate representatives of the municipality to enter the property to inspect such use for compliance with the requirements of this chapter.

Hours of outside play shall be limited to the hours of 8:00 a.m. until sunset, as defined by the National Weather Service.

An outdoor play area, as required by DPW regulations, shall be provided for child day care facilities and shall not be located in the front yard.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the day care facility and if additional sewage facilities planning are required. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the day care facility. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the day care facility. If the property is served by on-lot water, the applicant shall provide current test results indicating the on-lot supply is potable.

Child drop-off areas shall be designed to eliminate the need for pedestrians to cross traffic lanes within or adjacent to the site.

Fencing shall be provided to restrict occupants from hazardous areas, such as open drainage ditches, wells, holes, and arterial and major collector roads. Natural or physical barriers may be used in place of fencing so long as such barriers functionally restrict occupants from these areas.

The expansion of a day care home to a day care center (from six to seven or more persons) shall require a special exception.

Adult and child day care facilities shall not provide medical or personal care services which extend beyond simple first aid and assistance with dressing, bathing, diet, and medication prescribed for self administration unless licensed by the DPW to provide such services.

When applying for a special exception, the applicant shall submit a plan showing any existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas (as previously defined), merchandise delivery areas, parking spaces, and the child or adult drop-off circulation pattern.

Day Care Homes. In addition to the provisions of Subparagraph (3) above, day care homes shall comply with the following:

If care is provided to more than three adults and/or children at any one time, the facility must have an approved and currently valid DPW registration certificate.

Any external evidence of such use shall be limited to one non- illuminated sign subject to the sign regulations in Part 17.

Day care homes shall only be permitted in single-family detached dwellings and shall not be permitted in accessory buildings.

The person primarily responsible for the day care home shall be a full-time resident.

A fence with a minimum height of four feet shall physically contain the children or adults within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally contain children or adults.

Day Care Centers. In addition to the provisions of Subparagraph (3) above, day care centers shall comply with the following:

The facility must have an approved and currently valid DPW registration certificate.

Play equipment shall be located at least 10 feet from an abutting property line.

All pedestrian pathways shall be adequately lit for safety if utilized during non-daylight hours. Specific areas for lighting are entrance ways, pedestrian access to the outdoor play areas, sidewalks, drop-off areas, merchandise delivery areas, and all parking lots. All lighting within the subject tract shall be designed and located so as not to produce a glare or direct illumination onto abutting properties through the use of flat lenses and full cut-off shields on all light fixtures.

Day care centers may be permitted as an accessory use to churches, schools, recreation centers, and similar uses by special exception. Accessory day care centers must comply with all other requirements for day care centers. In addition, evidence must be submitted to document that indoor space, outdoor play space, and safe vehicular access are provided in accordance with DPW requirements.

Child and adult day care facilities shall be subject to the following application and approval process:

The applicant shall demonstrate compliance with the requirements of this chapter and shall request a special exception from the Zoning Hearing Board. If the day care facility will be subject to DPW requirements, evidence of the ability to comply with said requirements must be presented as part of the special exception request.

If a special exception is granted, the applicant shall apply for a child or adult care facility zoning permit from the Zoning Officer.

The Zoning Officer shall review the application for compliance with this chapter, visit the facility if deemed necessary, and approve or deny the application for the child or adult care facility zoning permit.

Commercial Recreation Facilities (including combined indoor/outdoor commercial recreation facilities, indoor commercial recreation facilities and outdoor commercial recreation facilities).

The classification(s) of the road(s) providing access to the commercial recreational facilities (for profit facility) shall be appropriate for the anticipated volume and class of vehicle(s) generated by the commercial recreational facilities as determined by a traffic impact study conducted in accordance with Part 4 of the West Cocalico Township Subdivision, Land Development and Stormwater Management [Chapter 22, Part 4].

Uses involving extensive outdoor or noise generating activities shall provide buffering and screening along the side and rear property lines adjacent to any residential property or residentially-zoned property in accordance with Part 21 of this chapter.

Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height. Such structures shall not be used for occupancy.

When deemed necessary, the Zoning Hearing Board may require an unimproved grassed overflow parking area for peak period use, located and designed in a manner which prohibits vehicles from crossing adjoining properties or directly accessing adjoining roads.

All entrances to, and parking facilities for the recreation facility shall be designed so that vehicles backing onto the adjoining roadways is prohibited.

The application for a special exception shall be accompanied by a working plan for the clean-up and disposal of litter and the prevention of loitering on the subject property.

Commercial Communications Antennas.

A commercial communications antenna that is attached to an existing communications tower, smokestack, water tower, farm silo, or other tall structure, is permitted in all zoning districts, provided:

The height of the antenna shall not exceed the height of the existing structure by more than 15 feet.

All other uses associated with the commercial communications antenna, with the exception of equipment storage boxes, such as a business office, maintenance depot, or vehicle storage shall not be located on the site, unless the use is otherwise permitted in the zoning district in which the site is located.

A commercial communications antenna that is either not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted is permitted by special exception in the ES, OS, and I-C Zoning Districts, subject to the following:

The applicant shall be required to demonstrate, using technological evidence, that the antenna must be placed in the general location where it is proposed, in order to satisfy its function in the company's service system.

If the applicant proposes to erect a new tower (as opposed to mounting the antenna on an existing structure), the applicant shall demonstrate that it has contacted the owners of other tall structures within a one-half-mile radius of the proposed site and has requested permission to install the antenna on those structures. The applicant shall make a good-faith effort to install the antenna on an existing structure, including, but not limited to smokestacks, water towers, tall buildings, antenna support structures of other communications companies, farm silos, and other tall structures. The Zoning Hearing Board may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

The applicant must demonstrate that the antenna is not higher than the minimum height required to function satisfactorily.

If a new antenna support structure is constructed (as opposed to mounting the antenna on the existing structure), and the applicant meets the requirements of clause (e) below, the minimum distance between the base of the support structure or any guy wire anchors and any property line or street right-of-way line shall be the lesser of the following:

A distance equal to the total height of the facility.

The minimum distance from the base in which the antenna, as designed, could fall under any credible conditions.

In addition, no habitable building or structure, other than that which is necessary to house supportive equipment essential to the operation of the tower, shall be located within the fall zone of the facility.

The applicant shall demonstrate that the proposed antenna and support structure are safe and that the surrounding area will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the structure manufacturer.

A non-climbable fence with self-locking gate shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be eight feet in height.

The applicant shall install landscaping to screen the entire perimeter of the facility consistent with the following: Landscaping shall consist of evergreen trees planted on 10 feet centers maximum, which shall have a minimum height of six feet at the time of planting. The trees shall be of a species which shall grow to a minimum height of 20 feet at maturity. The Zoning Hearing Board may require further deciduous plantings to mitigate the impact of the development on the surrounding neighborhood. All landscaping must be installed prior to the issuance of a certificate of use and occupancy by the Zoning Officer. Existing vegetation on and around the site shall be preserved unless absolutely necessary to be removed for functioning of the equipment. This requirement shall not be applicable to antennas located upon an existing structure where the total height of the structure and antenna does not exceed 150 feet.

Antenna support structures less than 200 feet in height shall be painted with silver or have a galvanized finished retained in order to reduce visual impact; provided, however, this requirement shall not apply to an antenna which is installed upon an existing structure such as a silo or water tower. Support structures may be painted green up to the height of nearby trees to lessen visual impact. Support structures 200 feet in height or taller shall meet all Federal Aviation Administration regulations.

If the use of the communication tower, antenna or cell site requires licensing by any State or Federal agency, including but not limited to the Federal Communications Commission, the applicant shall present evidence that it has obtained such license.

If an antenna site is fully automated, two off-street parking spaces shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift, but in any event, may not be less than two off-street parking spaces.

(k)

No antenna support structure may be artificially lighted, except when required by the Federal Aviation Administration.

All other uses, excluding fences and equipment storage boxes, associated with the antenna, such as a business office, maintenance depot, or vehicle storage shall not be located on the site, unless the use of otherwise permitted in the zoning district in which the site is located.

In order to reduce the number of antenna support structures needed in the Township in the future, the proposed support structure shall be required to accommodate other uses, including local police, fire and ambulance companies.

(n)

The applicant shall submit a plan for the removal of the facility when it becomes obsolete or is no longer in use. The applicant shall be responsible for the removal of the facility within 180 days from the date the applicant ceases use of the facility or the facility becomes obsolete. After the 180-day time period has elapsed, the Zoning Officer shall notify the property owner (or other responsible party) that the antenna and related support structure must be removed within 60 days after receipt of said notice. If such persons fail or refuse to remove such facilities after the notice said, the Zoning Officer may have the facilities removed at the expense of the property owner or the persons responsible for the erection and/or maintenance thereof.

(o)

Ownership of Site.

If the proposed commercial communications antenna site is to be leased only for the time period in which said site is in operation, then the minimum site area shall be only as large as is necessary to meet the required setbacks, off-street parking area, and other applicable provisions of this section.

If the proposed commercial communication antenna site is to be subdivided, then the minimum lot area and dimensions shall be of sufficient size so that, in the event discontinuance of said use, the subdivided lot will meet the minimum area and dimensional requirements for permitted uses in the zoning district in which it is located.

(p)

All commercial communications antenna sites, after approval as a special exception by the Zoning Hearing Board, shall be required to be reviewed in accordance with the requirements of the applicable Subdivision and Land Development Ordinance [Chapter 22].

Drive-Through and Fast Food Restaurants.

The subject tract shall front on and gain access from either an arterial, major collector, or minor collector road as identified in this chapter, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial and collector street design and improvement requirements.

The application for a special exception shall be accompanied by a working plan for the clean-up and disposal of litter and the prevention of loitering on the subject project property.

Drive-through lanes shall be separated from the internal circulation system for the parking facilities. Each drive through lane shall provide a minimum of 200 feet of on-site stacking proceeding the order location.

The applicant shall demonstrate that any external-internal microphone system shall be designed and operated so that the messages conveyed over the system will not exceed the average noise level of the use, as measured at each of the property lines, at any given time of the day.

Exterior seating areas shall be completely enclosed by a three-foot high fence and provided with screening and landscaping in accordance with Part 21 of this chapter.

Outdoor play areas shall be completely enclosed by a minimum six-foot high fence and screened in accordance with Part 21 of this chapter.

No part of any structure on the subject property shall be located within 200 feet of an existing residential structure.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the facility and if additional sewage facilities planning are required. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the facility. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the facility. If the property is served by on-lot water, the applicant shall provide current test results indicating the on-lot supply is potable.

Adequate provision for the collection and disposal of greases shall be demonstrated.

All exhaust vents shall be directed away from residential zones properties or properties used for residential purposes.

AA.

Dry Cleaners, Laundries, and Laundromats.

Centralized sewer and water shall be utilized.

All activities shall be within completely enclosed buildings.

All windows and doors on walls facing adjoining residential properties shall be kept closed during hours of operation and occupancy.

Exhaust and ventilation equipment shall discharge away from any adjoining residential properties.

BB.

ECHO Housing.

The proposed dwelling unit may not exceed 1,200 square feet of floor area.

The total building coverage for the principal dwelling, the accessory structures, and the proposed dwelling together shall not exceed the maximum requirement of the prevailing zoning district.

The proposed dwelling shall be not occupied by more than two people, and who are either elderly, handicapped, or disabled individuals related to the occupants of the principal dwelling by blood, marriage, or adoption.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the principal dwelling and ECHO unit and whether additional sewage facilities planning is required. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the principal dwelling and the ECHO unit. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the principal dwelling and ECHO unit. If the property is served by on-lot water, the applicant shall provide current test results indicating the on-lot supply is potable.

The proposed dwelling shall be located to the side or rear of the principal dwelling and shall be subject to all side and rear yard requirements of the prevailing zoning district.

The applicant shall furnish proof of the filing of either a land development plan or an accessory dwelling agreement in accordance with the West Cocalico Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22].

The proposed dwelling unit shall be removed within 90 days after it is no longer occupied by the individual who qualifies for the use.

CC.

Funeral Homes.

Centralized sewer and water shall be utilized.

The applicant shall demonstrate that sufficient off-street parking is being provided so that no traffic back-ups occur onto adjoining roads.

DD.

Floodplain Uses.

General.

For any development within the FP — Floodplain District, the applicant shall demonstrate the effect of the development on flood heights, frequencies and velocities, the susceptibility of the development to flood damage, the availability of emergency access, and the necessity of the proposal to be located near or within the floodplain area.

All buildings and structures shall be designed, located, and constructed so as to offer the least reasonably possible obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.

No construction, development, use, activity, or encroachment of any kind shall be permitted in the floodway if the proposed development will increase the floodplain elevation.

No use or structure shall endanger human life or be placed where the natural flow of the floodwaters would carry any structure downstream to the damage or detriment of property within or adjacent to the FP — Floodplain District.

No use shall be susceptible to flotation and subsequent movement which would cause damage to other property.

All uses and structures shall be designed and constructed so as 1) not to increase the height or frequency of floodplain water, 2) to allow the unrestricted passage of floodwater, 3) to not create unhealthy or unsanitary conditions, and 4) to not degrade the quality of surface water or the quality of groundwater.

Where practical, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow and shall be placed approximately on the same flood flow lines as those of nearby structures.

No use or structure shall degrade the water carrying capacity of any watercourse, channel, or floodway.

Prior to any proposed alteration or relocation of any watercourse, a permit should be obtained by the landowner from the Pennsylvania Department of Environmental Protection, Bureau of Dams and Waterways Management, and notification of any such proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to the Federal Emergency Management Agency (FEMA) and the Pennsylvania Department of Community and Economic Development.

Where applicable and where possible, all necessary permits or other written approvals must be obtained from all other agencies before any approvals of plans, special exceptions, variances, or permits may be granted by West Cocalico Township, its agencies, officials, or employees.

Where necessary permits or written approvals from other agencies cannot be obtained prior to action by West Cocalico Township, any approval of plans, special exceptions, variances, or permits by the Township, its agencies, officials, or employees shall be conditioned upon receiving such other required permits or written approval from the other agencies.

Agricultural Uses.

A filter strip is required between any watercourse and any land. Such strip shall be a minimum of 15 feet in width, measured from the bank of the watercourse channel, and shall be protected by a permanent planted groundcover.

Within the FP — Floodplain District, a cover crop, such as annual rye grass, is required whenever the land is not being tilled for major crops.

Improvements to Residential Structures. All improvements or additions to existing residential structures shall be elevated to one foot above the flood elevation unless the cost of the proposed improvement or addition is less than 50% of the market value of the structure, in which case, any portion of said improvement or addition not elevated to one foot above the flood elevation shall be flood-proofed.

Improvements to Nonresidential Structures.

All improvements or additions to existing nonresidential structures shall be elevated to one foot above the flood elevation and shall be placed on pilings, columns, or fill material. Pilings or columns are preferred over fill material in order to maintain the storage capacity of the floodplain and to minimize the potential negative impacts to sensitive ecological areas.

If fill is utilized to elevate structures, it shall be in accordance with the following:

Fill shall be extended laterally at least 15 feet beyond the limits of the proposed structure.

The fill shall be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.

Fill shall be no steeper than one vertical to two horizontal unless substantiated data justifying steeper slopes is provided and approved.

The fill shall be provided and installed in a manner which assures that the requirements of clause (a) can be met.

Construction Within Floodplain.

All proposed nonresidential structures or improvements and additions to existing nonresidential structures which are not adequately elevated shall be constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures and the effect of buoyancy of the flood, and shall be flood-proofed according to the standards and provisions for flood-proofing classes W-1 and W-2 contained in the publication, Flood-Proofing Regulations, by the United States Army Corps of Engineers, June 1972, as may be amended.

Where flood-proofing is proposed to be utilized for a particular structure, the zoning permit application shall be accompanied by a document signed and sealed by a professional engineer or architect registered by the Commonwealth of Pennsylvania, certifying that the flood-proofing methods used are adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces, and other factors associated with the flood and indicating the specific elevation to which the structure is being flood-proofed.

All structures shall be firmly anchored to prevent flotation, movement, or collapse.

No materials that are buoyant, flammable, explosive, or in time of flooding, could be injurious to human, animal, or plant life, shall be stored below the flood elevation.

All electrical and mechanical equipment shall be permitted only at elevations above the flood elevation.

Electrical distribution panels shall not be permitted at an elevation of less than three feet above the flood elevation. Separate electrical circuits shall serve lower levels of structures and shall be dropped from above.

All utilities, including gas, oil, electrical, or telephone systems shall be elevated where possible or shall be flood-proofed when located below the flood elevation. All such utilities shall be constructed to minimize the chance of impairment, the infiltration of floodwaters, or the discharge from the systems into floodwaters during a flood. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the Regulatory Flood Elevation.

Uniform Construction Code Coordination. The standards and specifications contained in 34 Pa. Code, Chapters 401-405, as amended, and not limited to the following provisions shall apply to the above and other Sections and subsections of this chapter, to the extent that they are more restrictive and/or supplement the requirements of this chapter:

International Building Code (IBC) 2003 or the latest edition thereof: §§ 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.

International Residential Building Code (IRC) 2003, or the latest edition thereof: §§ R104, R105, R109, R323, Appendix AE101, Appendix E, and Appendix J.

Space Below the Lowest Floor.

Fully enclosed space below the lowest floor (including basement) is prohibited.

Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces.

Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Utility Facilities in Floodplain. Utility facilities not under the exclusive jurisdiction of the Pennsylvania Public Utility Commission shall comply with the following conditions:

Facilities including pipelines, gas lines, storm sewers, sanitary sewers, water lines, outlet installations for sewage treatment plants, sealed public and private water supply wells, pumping stations, and underground communications facilities shall, except for necessary vents, be designed and installed underground so as to be at or below the existing natural surface grade within the floodplain, and in such a manner that will prevent the flotation, minimize or eliminate flood damage, and not alter the cross-sections area of the floodplain. All new or replacement water supply facilities or sanitary sewage facilities shall be designed to minimize or eliminate infiltration of floodwaters into the facilities and discharges from the facilities into floodwaters. All gas lines shall have a system of shut-off valves for service to the FP — Floodplain District to allow positive control during flood emergencies.

Electrical transmission lines and supporting structures shall be installed so as to minimize or eliminate flood damage and be installed underground below the existing natural surface within the floodplain. Above ground electrical transmission lines should be designed to meet the following standards:

Above ground lines and supporting structures shall enter the FP — Floodplain District only to cross a watercourse, shall cross the watercourse and the district using the most direct and shortest route possible, shall make the minimum number of crossings necessary, and shall be designed and installed so as to minimize or eliminate flood damage.

Above ground lines shall be elevated so that the lowest portions are a minimum of 10 feet above the maximum flood elevation.

Supporting structures for above ground lines within the district shall be the minimum number necessary to carry the lines across the district. Supporting structures shall be designed and installed so as to be able to withstand the maximum volume, velocity, and force of floodwaters which can be expected at the point where they are located.

Facilities and services in the district shall be designed so that flood damage within the district does not disrupt service outside the district.

Utility facilities and structures (excluding buildings) subject to the jurisdiction of the Pennsylvania Public Utility Commission are requested to comply with the above standards in the interest of achieving the purpose and intent of this chapter.

Streets in Floodplain. The finished elevation of proposed new streets shall be no more than one foot below the flood elevation subject to the performance standards stated above.

Evacuation Plan. Where necessary, a plan which provides for alternative vehicular access and escape routes when normal routes are blocked or destroyed by flooding shall be submitted to the Lancaster County Office of Civil Defense by all owners of buildings located in the floodplain.

Existing Manufactured Homes. If any existing manufactured home is replaced with another, or if any substantial improvement is made to an existing manufactured home, the replacement or substantial improvement shall be:

Placed on a permanent foundation.

Elevated so that the lowest floor is at least one foot above the elevation of the 100-year flood.

Anchored to resist flotation, collapse, or lateral movement.

EE.

Golf Courses (Including Driving Ranges and Par 3 Courses).

No golf hole shall be designed which requires any ball to cross a street, access drive, driveway, building, or parking lot.

At any point where the golf course crosses a public or private road or a private access drive, the road or access drive shall be signed to identify a golfer's crossing and the golfer's crossing shall be signed to identify the road or access drive crossing.

All accessory uses of the golf course are permitted, provided such uses are reasonably sized and located, so as to provide incidental service to the golf course employees and users, including but not limited to:

Clubhouse, which may consist of:

Restaurant (excluding drive-in), snack bar, lounge and banquet facilities.

Locker and rest rooms.

Pro shop.

Administrative offices.

Golf cart and maintenance equipment storage and service facilities.

Guest lodging for those using the golf course, provided:

No lodging units have separate exterior means of ingress/egress.

All lodging units shall be contained within the main clubhouse.

Such guest lodging shall have a total occupancy of no more than 20 persons.

Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms.

Game rooms, including card tables, billiards, ping-pong, and other similar table games.

Baby-sitting rooms and connected fence-enclosed play lots.

Accessory recreation amenities located outside of a building, including:

Driving range, provided the applicant shall furnish expert evidence that all lighting has been arranged to prevent glare on adjoining properties.

Practice putting greens.

Swimming pools.

Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts.

Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses.

Picnic pavilions, picnic tables, park benches, and barbecue pits.

Hiking, biking, horseback riding, and cross-country ski trails.

Playground equipment and play-lot games, including four square, dodge ball, tetherball, and hopscotch.

Freestanding maintenance equipment and supply buildings and storage yards shall be set back at least 100 feet from all property lines and 75 feet from all street right-of-way lines.

All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and provided with buffering, landscaping, screening in accordance with Part 21 of this chapter.

All lighting facilities for night play on a par 3 course or driving range within the subject tract shall be designed and located so as not to produce a glare or direct illumination onto abutting properties through the use of flat lenses and full cut-off shields on all light fixtures.

There shall be a minimum setback of 100 feet from the field of play to any adjacent residential structure.

The applicant shall demonstrate that sufficient sewage disposal service is available for the golf course and related uses. If the property is served by public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the golf course and related uses. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the golf course and related uses. If the property is served by on-lot water, the applicant shall provide current test results indicating the on-lot supply is potable.

FF.

Group Facilities.

Group facilities shall only include those facilities listed in clauses (b)-(f) below.

The applicant shall demonstrate that sufficient sewage disposal service is available for the applicable group facility indicated below. If the property is served by public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the group facility indicated below. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on- lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the group facility indicated below. If the property is served by on-lot water, the applicant shall provide current test results indicating the on-lot supply is potable.

Emergency Shelter.

The emergency shelter shall be sponsored and supervised by a government agency or an officially recognized nonprofit organization.

The applicant shall provide notice from the Township Building Code Official stating that the structure has been inspected and that it meets minimum code requirements of the Uniform Construction Code [Chapter 5, Part 1] for the intended use. This shall be secured prior to application for the special exception.

The maximum number of residents shall be indicated at the time of application, and that number, not including employees, shall not exceed any applicable minimum space requirements.

Group Care Facility.

The applicant shall indicate the maximum number and the need of the residents to be served and the type of care to be provided.

Counseling or other services for nonresidents is not permitted.

The applicant shall provide evidence that the group care facility is sponsored and operated by an agency licensed, registered or certified by an applicable County, State, or Federal program providing on-going care to individuals requiring minimal non-medical day to day assistance.

For the purposes of this clause, those individuals requiring on-site medical treatment or any type of on-site rehabilitation services provided by any individual or entity requiring a state or federal license, registration or certification shall not be included within a group care facility.

The maximum number of residents and employees shall be indicated at the time of application, and that number shall not be exceeded at any time.

Twenty-four hour on-site supervision by agency staff shall be provided.

Shelter for Abused Persons.

The shelter for abused persons shall be sponsored and supervised by a government agency or an officially recognized nonprofit organization.

The applicant shall indicate the maximum number and the need of the residents to be served and the type of care to be provided.

Counseling or other services for nonresidents is not permitted.

The applicant shall provide evidence that the shelter for abused persons is sponsored and operated by an agency licensed, registered or certified by an applicable County, State, or Federal program providing on-going care to individuals requiring minimal non-medical day to day assistance.

For the purposes of this clause, those individuals requiring on-site medical treatment or any type of on-site rehabilitation services provided by any individual or entity requiring a State or Federal license, registration or certification shall not be included within a shelter for abused persons.

The maximum number of residents and employees shall be indicated at the time of application, and that number shall not be exceeded at any time.

The applicant shall provide sufficient evidence to the Zoning Hearing Board that the security measures to be provided will provide adequate protection to the residents of the facility.

Temporary Shelter.

The temporary shelter shall be sponsored and supervised by a government agency or an officially recognized nonprofit organization.

The applicant shall indicate the maximum number and the need of the residents to be served and the type of care to be provided.

Counseling or other services for nonresidents is not permitted.

For the purposes of this clause, those individuals requiring on-site medical treatment or any type of on-site rehabilitation services provided by any individual or entity requiring a State or Federal license, registration or certification shall not be included within a temporary shelter.

The maximum number of residents and employees shall be indicated at the time of application, and that number shall not be exceeded at any time.

The applicant shall provide sufficient evidence to the Zoning Hearing Board that the security measures to be provided will provide adequate protection to the residents of the facility.

The temporary shelter shall be approved for a maximum time period of two years and shall require another special exception approval every two years. Upon applying for renewal, the applicant shall provide evidence of need for the continuation of the use.

Community Rehabilitation Facility.

The community rehabilitation facility shall be sponsored, supervised and licensed by a government agency or an officially recognized nonprofit organization.

The applicant shall indicate the maximum number and the need of the residents to be served and the type of care to be provided.

Counseling or other services for nonresidents is not permitted.

For the purposes of this clause, those individuals requiring medical treatment or any type of rehabilitation services provided by any individual or entity requiring a State or Federal license, registration or certification shall not be included within a community rehabilitation facility.

The maximum number of residents and employees shall be indicated at the time of application, and that number shall not be exceeded at any time.

The applicant shall provide sufficient evidence to the Zoning Hearing Board that the security measures to be provided will provide adequate protection to the residents of the facility.

The facility shall have twenty-four-hour on-site supervision by professionals trained to supervise the types of clients to be served by the facility.

If a facility will house persons presenting a potential physical threat to the safety of nonresidents, the facility operator shall provide evidence that sufficient staffing and other security measures will be provided.

The facility shall be located a minimum of 1,000 linear feet from any other such existing/approved facility.

GG.

Home Improvement and Building Supply Showrooms.

All outside retail sales and storage area shall have a dust-free surface and a completely enclosed minimum six-foot high fence and gate. Outside retail sales and storage areas shall be included in the calculation of floor area and shall set back at least 50 feet from any street right-of-way line and shall not occupy any parking areas.

HH.

Home Occupations, On-Farm Occupations and Rural Occupations.

The applicant shall demonstrate to the satisfaction of the Zoning Hearing Board that the proposed home occupation, on-farm occupation or rural occupation meets the following requirements:

The occupations shall be an accessory use and shall remain secondary to the principal use of the property as a dwelling or farm.

The occupations shall be conducted and owned by the resident on the property. No manufacturing, repairing or other mechanical work shall be performed in any open area.

The occupations shall be compatible with other uses permitted in the respective zoning district.

The occupations shall maintain and preserve the residential and/or agricultural character of the neighborhood.

The area used for the occupations shall not, at any time, be permitted to be subdivided from the property.

The occupations shall not interfere or conflict with the continuation and perpetuation of agricultural activities and the health, safety, and welfare of the community. The Zoning Hearing Board may require that impact studies be furnished which evaluate the effect of the proposed occupations and land use upon the subject tract of land, the abutting properties, and the community in general.

All materials, products or supplies shall be contained within a completely enclosed building, unless by request and upon review, the Zoning Hearing Board allows outside storage or display for the particular application.

In no case shall outside storage be permitted in the required side, front or rear yard setback area, nor shall materials be stacked to a height greater than six feet.

The Zoning Hearing Board shall determine if buffering from adjoining properties is necessary when:

Outside storage or display areas are permitted.

When the use is located within 100 feet of an adjacent residential structure.

If required by the Zoning Hearing Board, a planting screen designed in accordance with Part 21 of this chapter shall be provided and maintained.

The occupations shall promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they are planned and constructed, rather than as commercial uses.

The applicant shall demonstrate that the operation of the occupation shall not create a traffic problem in terms of generating traffic congestion and shall provide for the safe and efficient movement of traffic by addressing anticipated changes in vehicular movements.

(k)

One non-illuminated sign, which shall comply with Part 17 of this chapter, shall be permitted.

All off-street parking and loading spaces shall conform to Part 18 of this chapter.

When the property containing an occupation is located adjacent to lands within the VC - Village Center or the VR - Village Residential Districts, no part of the occupation activity shall be located within 100 feet of the adjacent zoning boundary.

(n)

All occupations shall provide a paved driveway or access drive of sufficient length extending into the subject parcel to prevent tracking of mud onto the public road and shall be of sufficient length to accommodate the off-road stacking of delivery and customer vehicles. In addition, a vehicular turnaround shall be provided to prohibit the backing out of vehicles onto such roadways. The vehicular turnaround area shall not be utilized as an off-street parking area.

(o)

Any retail sale display area shall not exceed 15% of the maximum permitted area of the occupation.

(p)

The applicant shall demonstrate compliance with the applicable provisions of the Industrial Performance Standards provided in Part 12 of this chapter. The applicant shall address these standards as they apply to the application. In addition, the applicant shall acknowledge as part of the special exception application that additional Township, County, Commonwealth, and Federal requirements may exist, and that it is his responsibility to comply with any additional requirements.

(q)

The following general standards shall apply to all in-home, on-farm, and rural occupations:

An in-home, on farm or rural occupation may involve any one of a wide range of uses and may include, but need not be limited to:

Landscaping maintenance business.

Excavating business and equipment storage excluding fill and waste area operations.

Bakery.

Dry goods.

Manufacturing.

Woodworking.

Welding.

No manufacturing, mechanical processing or industrial uses shall be permitted which causes any: noise greater than normal background noise; odor; emission of gases; glare; heat; fumes; smoke; dust; vibration; electromagnetic interference; or, storage use or generation of any hazardous material, that is noticeable at or beyond the closest property line.

Excluding wastewater treatment, no use that requires application or permitting by the PADEP for the handling of hazardous waste or other substances shall be permitted.

No discharge is permitted into a sewage or storm water management system, stream, open body of water, or into the ground of any materials in such a way or of such nature or temperature as could contaminate any water supply or damage or be detrimental to any sewage system or any sewage treatment plant, or otherwise could cause the emission of dangerous objectionable elements.

The operator of the occupation shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor. Additionally, the on-farm occupation shall be conducted in a manner which does not allow the accumulation of trash and debris. All trash generated by the occupation shall be disposed of in trash cans with lockable lids or dumpsters. Trash disposal areas (trash cans with lockable lids or dumpsters) shall be located within a side or rear yard only and shall be completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.

(r)

(s)

Home Occupations.

Home occupations shall comply with the following specific regulations:

Only single-family detached dwelling units with direct access to a public street may be used for a home occupation.

If the resident conducting the home occupation is a tenant and not the owner of the property, the owner shall be party to the permit application for the home occupation.

All home occupations shall also meet the following criteria:

A home occupation conducted within a dwelling unit shall not occupy more than 25% of the interior floor area of the dwelling, excluding unimproved attics, unimproved basements, and attached garages of the dwelling.

Accessory buildings may not be employed or incorporated with the home occupation except in the following zoning districts: ES-Ecologically Sensitive District, A-1 - Agricultural District, A-2 - Agricultural District, OS - Woodland District, and the RR - Rural Residential District. However, if an accessory building is used, the work and storage area may not exceed a total of 600 square feet.

Home occupations shall be limited to those occupations customarily conducted within a dwelling unit. These uses shall include, but are not limited to:

Artists and artisans.

Beauticians and barbers.

Office facilities, excluding medical offices and dental offices.

Individual tutoring provided that there are no more than two students at any time.

Preparation of food or food products to be sold or served off-site.

Individual musical instruction provided that no instrument shall be amplified to be audible outside of the dwelling or accessory building.

Dressmaking, sewing, and tailoring.

Uses not listed that, in the determination of the Zoning Officer, are considered to be of the same general character as the home occupations listed herein.

There shall be no more than one home occupation per dwelling unit.

No more than two nonresident employees shall be permitted.

10)

The use of one commercial vehicle is permitted as part of the home occupation. The vehicle shall not exceed a gross vehicle weight (truck plus rated payload) of 10,000 pounds nor have more than two axles.

11)

The exterior appearance of the dwelling shall be maintained as a residential dwelling.

12)

If the number of parking spaces provided for the home occupation exceeds the number of parking spaces required for the single-family dwelling (two spaces), the parking spaces shall be screened from the adjoining residential properties.

13)

Retail sale of merchandise, supplies, or products is prohibited on the property except for the following:

The sale of items that are clearly incidental and subordinate to the conducting of the home occupation or items used in the home occupation such as the sale of beauty supplies used by the proprietor is permitted.

Orders previously made by telephone, by appointment or at a sales party may be filled at the site of the home occupation. There shall be no direct sales of products from display shelves or rack, but a person may pick-up an order placed earlier as described above. "Parties" for the purpose of selling merchandise or taking orders shall not be held more than one time each month at the site of the home occupation.

14)

No storage or display of goods shall be visible from the outside of the building.

15)

No external storage of materials or products shall be permitted.

16)

The use shall not require the delivery of materials and goods by trucks larger than standard panel (UPS) trucks.

17)

A home occupation shall not generate waste products or material of a quality or quantity not normally associated with a residential use.

18)

Unless otherwise determined by the Zoning Hearing Board, an approved home occupation may be conducted only during the hours of 6:00 a.m. to 9:00 p.m.

19)

The Zoning Hearing Board shall deny a home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.

(t)

On-Farm Occupations.

On-farm occupations shall comply with the following specific regulations:

The primary economic activity of the subject tract shall be agricultural. The on-farm occupation shall be an accessory use and shall remain secondary to the principal agricultural use and shall not change or reduce the exterior farm character.

The on-farm occupation shall be conducted and owned by the farmer in residence on the property.

The maximum building footprint area of the building constructed for any on-farm occupation shall not exceed 5,000 square feet. The on-farm occupation shall, to the greatest extent practicable, be located within existing conforming accessory buildings on the farm.

New buildings or additions to existing buildings shall be permitted. If the proposed on-farm occupation requires the construction of new buildings or additions to existing buildings, the applicant shall provide information justifying that the location of the proposed construction does not unnecessarily utilize existing agricultural lands and/or does not have an adverse effect upon the existing agricultural uses of the farm. Any new building constructed for use by the on-farm occupation shall be of a design so that it can be readily converted to agricultural use, or removed, if the farm occupation is discontinued.

Any structure used for the on-farm occupation shall be located at least 100 feet from any property line and the legal right-of-way line.

(u)

Rural Occupations.

Rural occupations shall comply with the following specific regulations:

Only one rural occupation may be conducted on the same property as the owner/operator's principal single-family detached dwelling. The gross floor area of the rural occupation shall not exceed 3,200 square feet.

If a new building is constructed for the rural occupation, it shall be located to the side or rear of the principal residence.

Rural occupations shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday.

II.

Industrial Activities Involving Processing, Production, Repair, or Testing of Materials, Goods, And/or Products, Involving Those Industries Primarily Performing Conversion, Assembly, or Non-toxic Chemical Operations.

The applicant shall provide a detailed description of the proposed use in each of the following topics:

The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the facility. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the facility. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the facility. If the property is served by on-lot water, the applicant shall provide current test results indicating the on-lot supply is potable.

The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.

Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust litter, glare, vibration, electrical disturbance, waste water, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.

The applicant shall demonstrate compliance with the industrial performance standards provided in Part 12.

JJ.

Junkyards.

The minimum lot area requirement shall be 10 acres.

The outdoor junk storage area shall be completely enclosed by an eight-foot high, sight-prohibitive fence which shall be setback at least 50 feet from all property lines and shall be provided with landscaping and screening in accordance with Part 21 of this chapter.

All buildings used to store junk shall be completely-enclosed and setback at least 50 feet from all property lines.

No material shall be stored or stacked in a manner that it is visible from adjoining properties and roads.

All additional Federal and State laws shall be satisfied.

The setback area between the fence and property line shall be kept free of weeds and all scrub growth.

All junk shall be stored or arranged to permit access by fire fighting equipment and to prevent the accumulation of water. Stormwater shall be discharged in a manner which does not result in chemical residues being discharged from the site.

No oil, grease, tires, gasoline, or other similar material shall be burned at any time.

No junkyard shall be located on lands with an average slope of greater than 5%, wetland areas or floodplain areas.

All vehicles within the junkyard shall be completely drained of fuel, lubricants, battery fluid, transmission fluid, brake fluids, coolants, and air conditioning fluids. Evidence of proper disposal of all fluids drained or removed from vehicles needs to be provided.

Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors beyond the borders of the junkyard, nor to cause the breeding or harboring of rats, flies, or other vectors.

KK.

Kennels. An applicant for approval of a kennel shall demonstrate compliance with all of the following requirements and shall operate the kennel in accordance with all operational requirements:

The applicant shall furnish evidence of an effective means of animal waste disposal which shall be continuously implemented.

All kennels that are required to be licensed by the Department of Agriculture regulations shall obtain and maintain the required license as long as the kennel is in operation. The kennel operator shall maintain a copy of the license at the kennel and shall provide a copy to the Township upon request.

No animal shall be permanently kept outside of an enclosed building. No animal shall be left in an outdoor pen, stall or runway overnight.

Minimum lot area: 10 acres.

All buildings that house animals shall be located to the rear of the principal building on the lot and shall be located a minimum of 100 feet from all property lines. The exterior walls and ceilings of such buildings shall include or be made of soundproofing materials that will prevent noise from being perceived on any property other than the lot on which the kennel is located. The application for a special exception shall include specifications of the sound-proofing materials and installation.

All outdoor pens, stalls, runways or exercise area shall be located to the rear of the principal building on the lot and shall be located a minimum of 100 feet from all property lines. All kennel facilities located outside a completely enclosed building shall be fully enclosed with a fence to prevent the escape of animals. A solid visual screen, which may consist of fencing, walls or a combination thereof, which are six feet in height shall be provided to effectively screen all kennel facilities located outside a completely enclosed building. Vegetative screening shall be provided between any kennel facilities located outside a completely enclosed building and adjoining properties and/or street. Vegetative screening shall meet all requirements of § 27-2111. Fencing type and vegetation details shall be included with the special exception application.

The creation of noise by any animal which can be heard on any property other than the lot on which the kennel is located for a period exceeding 30 minutes constitutes a violation of this section. The landowner and the operator of the kennel shall take measures in accordance with applicable regulations of the Department of Agriculture, the Dog Law,[1] and/or recommendation of a veterinarian to prevent future noise being heard on any property other than the lot on which the kennel is located.

[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

Where the property proposed to be developed with a kennel abuts land within the Village Residential District, Special Residential District, Rural Residential District, or Village Center District, all buildings and outdoor areas associated with the kennel shall be located at least 300 feet from the dwelling on any lot within such district.

Where the property proposed to be developed with a kennel abuts land developed with a public or private school, all buildings and outdoor areas associated with the kennel shall be located at least 300 feet from the school property line.

No area for storage, processing or application of animal waste shall be located within 300 feet of any street right-of-way line or property line.

No animals shall be permitted to use outdoor stalls and/or runs that are located within 300 feet of any property line between the hours of 8:00 p.m. and 8:00 a.m.

LL.

Laboratories for Scientific or Industrial Research and Development.

MM.

Nursing, Rest, or Retirement Homes.

The subject tract shall contain a minimum area of two acres.

The number of permitted independent residential units of occupancy shall be based upon the area requirements of each respective zoning district, unless a centralized sewage facility is provided. In such case, the units of occupancy shall be based upon the density requirements of the VC District for apartment-type dwellings.

Off-street parking lots and loading areas shall be screened from any adjoining residential property.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the principal use and all applicable accessory uses. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the principal use and all applicable accessory uses. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the existing on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the principal use and all applicable accessory uses. If the property is served by on- lot water, the applicant shall provide current test results indicating the on-lot supply is potable.

The plan shall include a series of trails linking units of open space areas. A minimum of one centralized, common, open green space with a minimum area of 10,000 square feet shall be provided.

NN.

Professional Offices, Medical/Dental Clinics, Banks and Similar Financial Institutions, and Retail Sales.

In the VC District, wherever possible, such uses shall be located in existing, historically and/or architecturally significant structures.

The applicant shall demonstrate that access to and the design of the parking facilities shall not create vehicle back-ups onto existing abutting streets.

All parking facilities shall be constructed and maintained with a paved surface of concrete or bituminous material, or other dust-free surface as approved by the Zoning Hearing Board.

The maximum building coverage shall be no greater than 25% and shall not exceed 50,000 square feet.

The maximum lot coverage shall be no greater than 70%.

The minimum landscape area shall be no less than 30%.

No building shall be placed closer than 30 feet to any property line. Where there exists a more stringent requirement, such requirement shall apply. Off-street parking shall not be permitted within required side and rear yard setback areas.

Curbs and sidewalks shall be provided in accordance with the West Cocalico Township Subdivision, Land Development, and Stormwater Management Ordinance [Chapter 22]. Sidewalks abutting the public rights-of- way shall coordinate with an internal pedestrian circulation design which allows for safe and convenient movement of pedestrians.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the facility and if additional sewage facilities planning is required. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the facility. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the facility. If the property is served by on-lot water, the applicant shall provide current test results indicating the on-lot supply is potable.

OO.

Public and Private Schools.

All off-street parking facilities shall be set back 25 feet and screened from adjoining property lines.

All structures shall be set back at least 100 feet from any adjoining land within a residential zone.

Recreational areas shall be provided for all educational facilities below the college level at a scale of 100 square feet per individual enrolled. Off-street parking areas shall not be utilized as recreational areas, and such recreation areas shall not be located within the front yard and must be set back at least 25 feet from all property lines. Outdoor recreation areas shall be screened from any adjoining residential property and/or residentially-zoned properties by means of fences, plantings, or decorative enclosures sufficient to screen activities from adjacent lots. Fencing shall be provided at all locations where public safety is an issue. Any vegetative materials located within the recreation area shall be non-harmful (i.e., thorny, poisonous, allergenic, etc.). All outdoor recreation areas shall provide a means of shade either by the planting of shade trees or the construction of pavilions. Enrollment, for the purposes of this section, shall be defined as the largest number of students on the site at any one time during a seven-day time period.

Passenger drop-off and pick-up areas shall be provided and designed so that there is no cross-traffic pedestrian circulation.

PP.

Quarries and Other Extractive Industries.

The initial application submitted shall identify:

The ownership and acreage of the land which is the site of quarrying operations, including all lands held under contract or lease.

The type of material being quarried.

The depth of excavations.

The probable effect of blasting and other excavation methods upon existing and permitted uses in the area surrounding the quarry site.

A map at any scale acceptable to the Zoning Hearing Board showing:

All land owned under option, contract, or lease.

Lot or land quarried.

Internal private access drives and streets abutting the property.

Contour information of sufficient detail to evaluate areas beyond the site to the nearest abutting public streets.

Location of all structures.

Location of stockpiles and waste piles.

Title, scale, north point, and date.

Fencing and screen planting.

The applicant shall demonstrate that the proposed quarry operation:

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

Will not adversely affect any public or private water supply source.

Will not adversely affect the logical, efficient, and economical extensions of public services, facilities, and utilities throughout the Township.

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

Complies with all applicable State regulations.

A substantial fence measuring at least six feet in height must be placed around the area of actual quarrying to prevent unauthorized persons from entering the area.

Trees and shrubs shall be provided or earth barriers with a suitable, stabilized ground cover erected to screen the operation where it is adjacent to a residential or public street or where the operation will substantially impair the beauty and character of the surrounding countryside.

The applicant shall demonstrate that the operation allows for the safe and efficient movement of all vehicles associated with the operation. The applicant shall perform a traffic study as called for by the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22] and shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site and safe through-movements on the existing road.

All proposed entrances and exits to the operation shall be designed and improved in a manner which does not allow mud or gravel to be deposited or to accumulate on or along abutting public streets.

Where the subject lot or parcel of land is adjacent to a residential zone, no stockpiles, waste piles, or processing equipment shall be closer than 1,000 feet to the residential zone. No part of the quarry pit, internal private access drive, truck parking area, scales, or operational equipment shall be closer than 500 feet to the residential zone or to a church, school or park.

No part of a quarry pit, stockpiles, waste piles, processing equipment, scales, operational equipment, or truck parking area shall be closer than 100 feet to a public street line.

Except for the setbacks specified above, no part of a quarry pit, stockpiles, waste piles, or processing equipment shall be closer than 200 feet to a property line or permanent water course.

Except for the setbacks specified in Subparagraphs (7) and (8) above, no private access drive, truck parking area, scales, or operational equipment shall be closer than 100 feet to a property line.

All departing quarry material loads shall be covered to eliminate the airborne spread of dust; site ingress and egress roadways shall be watered periodically to eliminate airborne dust.

The applicant shall provide quarry rehabilitation information and include a plan which indicates that:

Within two years after the termination of quarrying operations, the area of actual quarrying operations must be rehabilitated to a condition of reasonable physical attractiveness and, as practical, restored.

The slope of earth material in any excavated pit shall not exceed the angle of slippage.

When the filling of any portion of the pit is desirable and economically feasible, such fill material must be able to sustain a vegetative cover of grass, plants, and trees, and such must be provided.

To prevent any silt, erosion debris, or other loose material from filling any existing drainage course or encroaching on existing public roads or private property, all surface drainage exiting or developing by or through the top soil shall be controlled by dikes, bathers, or drainage structures. All measures to control natural drainage or flood water must be approved by the Board of Supervisors.

Within two years after termination of operations, all plant and equipment shall be removed, except where the plant and equipment is being utilized for processing earth material from other properties. Foundations and piers from any structure may remain in the ground if substantially covered.

Financial security shall be provided to guarantee quarry rehabilitation according to the requirements above.

QQ.

Recreational Camp. Within the ES District, recreational camps may be permitted subject to the following requirements:

The minimum lot area shall be 50 acres.

The operator of the facility shall provide at least one full-time manager that is responsible for the operation of the facility. The manager or other responsible staff shall be on site at all times (24 hours) when the recreational camp is in operation and shall maintain, at all times, a current register of guests and staff on-site.

Review by the "first run" emergency services providers is required. The applicant shall address the emergency services providers' comments to the satisfaction of the Township.

All buildings, including, but not limited to, sleeping quarters, dining halls, recreation and exercise facilities, accessory snack, supply, souvenir or educational concession stores, restrooms, indoor or outdoor swimming pools, maintenance facilities and campsites shall be located at least 100 feet from any property or street line. Any outdoor recreation facilities or mobile services such as concessions shall also be setback at least 100 feet from any property or street line.

Any structures exceeding the maximum permitted height may be permitted so long as they are setback from all property lines at least the horizontal distance equal to their height. Furthermore, the portion of such structures exceeding the maximum permitted height shall not be used for human occupancy.

All facilities shall be designed for and limited to use by the registered guests and staff of the resident camp and shall not be used or be made available to members of the general public and shall not be directly accessible from any existing or proposed public street located along the perimeter of the recreational camp parcel(s).

All site access points shall be designed and arranged to prevent vehicle backups on adjoining roads, especially during peak arrival periods. If, at any time after the opening of the recreational camp, the Township determines that traffic back-ups are occurring on adjoining roads, and such back-ups are directly related to the means of access to the subject property, the Township can require the applicant to revise means of access to correct the traffic situation.

The internal access drive system shall have a minimum cartway width of 10 feet for each driving lane and shall be improved with any hard surface material acceptable to the Zoning Hearing Board.

An unlimited number of internal, on-site directional and information signs are permitted provided such signs reasonably relate to the number and scale of facilities contained on the site. Each such sign shall be limited to no more than eight square feet in area and a maximum permitted height of 10 feet. Recreational camp signage shall otherwise comply with the sign regulations contained elsewhere in this chapter.

Required parking will be determined based upon the types of activities proposed and the schedule listed in this chapter. In addition, the Zoning Hearing Board may require an unimproved grassed overflow-parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot and shall only be used for passenger cars, SUVs and pickup trucks or other similar vehicles. Overflow parking areas shall contain fencing and/or a structural or landscape barrier acceptable to the Township to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.

If individual campsites are provided, each campsite shall provide a minimum of 3,000 square feet and campsites shall be permitted at a maximum density of 12 sites per acre. Campsites may be provided with a parking space for one automobile which will not interfere with the convenient and safe movement of traffic. Parking to serve campsites shall otherwise be provided in a common area or lot. For the purposes of this paragraph, a campsite shall be defined as a designated area within a recreational camp that is improved with a clear, level, well drained, mud free gravel pad to accommodate recreational vehicles, campers and tents and shall include provisions for connection to centralized electric supply, water supply and sewage collection facilities.

The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, lights and property damage, litter, etc. All lighting within the subject tract shall be designed and located so as not to produce a glare or direct illumination onto abutting properties through the use of flat lenses and full cut-off shields on all light fixtures.

A maintenance program needs to be provided that involves a discussion of the ownership and long term maintenance of the site including, but not limited to, the professional and personnel resources necessary to maintain the property; litter and refuse collection, control and disposal; sanitary sewage disposal facilities operation and maintenance; water supply system operation and maintenance; street and access drive maintenance; and, compliance with the requirements of the PA Department of Environmental Protection.

Occupancy within the recreational camp by the same guest shall be limited to no more than 180 days during any calendar year.

No guest of the campground shall be permitted to permanently reside on any campsite.

Where an outdoor recreational use adjoins a residential use, trees or shrubs must be planted on the site of this use so as to form an immediate six-foot high visual barrier between the outdoor recreational use and adjoining residential properties.

(18)

An undisturbed vegetative landscaped strip with a minimum width of 50 feet shall be provided along all property lines.

(19)

Otherwise, buffers and screens shall be provided in accordance with Part 21 of this chapter to screen the use from adjoining streets and properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

(20)

All recreational camps shall furnish centralized sanitary and garbage collection/recycling systems which shall be located at least 100 feet from adjoining residential property and/or residentially-zoned property and be appropriately screened in accordance with Part 21 of this chapter.

(21)

The following are prohibited uses within recreational camping areas:

In-patient, out-patient, parent-mandated, or court-mandated substance abuse or behavioral treatment services.

Half-way house, wilderness camp or other educational alternative for youths, rehabilitation center, "extreme" sports center, or health care facility.

Housing or counseling adults or juveniles who are sentenced to correctional facilities, on probation, or subject to any other court-restricted activity.

All illicit or illegal activities.

RR.

Recycling Centers.

All operations, including collection, shall be conducted within a completely-enclosed building.

There shall be no outdoor storage of collected or used materials generated from the operation.

The applicant shall provide an explanation of the scope of operation and any measures used to mitigate problems associated with noise, fumes, dust, and litter.

The applicant shall assure regular maintenance of the site to assure the immediate collection of stray debris.

All structures and parking and loading facilities shall be screened from any adjoining residential property and/or residentially-zoned land.

Drop off and collection facilities that are manned while in operation and sponsored by community service organizations and the Township are exempt from the requirement to obtain approval from the Zoning Hearing Board.

Leak, odor, and vector proof containers shall be provided for the storage of any waste that cannot be used in any disposal process or material that is to be recycled. Such containers shall be designed to prevent their being carried by wind and/or water and shall be stored within a completely-enclosed building.

SS.

Restaurants, Taverns, and Nightclubs.

No part of any structure on the subject property shall be located within 200 feet of any residential property.

The applicant shall provide a working plan which demonstrates that the proposed land use will not create excessive light, noise, litter, and loitering with respect to abutting properties. All lighting within the subject tract shall be designed and located so as not to produce a glare or direct illumination onto abutting properties through the use of flat lenses and full cut-off shields on all light fixtures.

A working plan for the clean-up of litter shall be furnished and implemented by the applicant.

Any proposal for an existing restaurant to provide for the sale of alcoholic beverages or for an existing restaurant or tavern to provide live entertainment, such proposal shall require the approval of an additional special exception by the Zoning Hearing Board.

Exterior seating areas may be permitted, provided that in addition to any screening and landscaping required according the Part 21, that a three-foot high opaque fence completely enclose such seating area, except for the entrances and any portion of the area where a building would serve as a visual barrier. Further, exterior seating shall be included in calculating the minimum parking area requirements for the use.

Adequate provision for the collection and disposal of greases shall be demonstrated.

TT.

Retail Sale of Nursery and Garden Materials.

All driveways, parking areas, and loading zones shall be surfaced and maintained in a mud and dust free manner prescribed by the Zoning Hearing Board. Adequate parking and loading areas shall be provided and shall not be permitted on or along any public road.

The display and sale of items not grown on the premises shall be incidental to the nursery operation. The display area for these items shall not exceed 25% of the total gross display and sales area on the subject property. The display, sale, or repair of motorized nursery or garden equipment shall not be permitted.

All outdoor display areas shall be set back at least 25 feet from the street right-of-way line.

All structures and parking and loading facilities shall be screened from any adjoining residential property and/or residentially-zoned land.

One sign may be erected on the premises permitting the identification of the business in accordance with Part 16 of this chapter.

UU.

Retail Sales. (See Paragraph MM).

VV.

Sale of Agricultural Products.

A minimum of 50% of the retail value of the products sold must be grown, raised, or cultivated on the premises which can include land farmed elsewhere by the owner of the premises. No manufactured products may be sold.

Any permanent structure used to display and sell such goods shall be located at least 25 feet from any property line and the legal right-of-way line of any street. The sale of farm products from a portable stand shall be located a minimum of 10 feet from the street right-of-way and shall be removed at the end of the growing season. Mobile stands (i.e., farm wagons, pick-up trucks, etc.), shall be located outside the street right-of-way.

The structure and necessary parking area shall together occupy no more than 1,500 square feet of area.

Off-street parking shall be provided for employees and customers in accordance with Part 18 of this chapter. In no case, however, shall fewer than three parking spaces be provided. All parking spaces shall be located so that vehicles may not back onto the adjoining roadways.

WW.

Attached and Semi-detached Buildings in an Industrial/Commercial District. The Zoning Hearing Board may allow the elimination of adjacent side or rear yards on two or more adjacent lots in the I-C - Industrial/Commercial District provided the following conditions and standards are adhered to:

The owners of the adjacent lots jointly request the elimination.

The buildings to be constructed will be built at the same time and will be physically connected to each other and have uniform facades and roof lines.

XX.

Shopping Centers.

The following types of commercial and commercial-related establishments shall be permitted:

Grocery store.

Banks and similar financial institutions.

Drugstore.

Home improvement store.

Retail sale of goods, provided the total sales and/or display area is less than 1,500 square feet.

Retail services, including barber/beauty salons, music, dance, art, or photographic studios, repair of small appliances, and laundromat and dry cleaning collection stations.

Professional offices.

Restaurants and taverns.

Any other establishment which in the opinion of the Board is of the same general character as any of the above identified uses.

The minimum lot area shall be two acres.

The minimum lot width shall be 200 feet.

The applicant shall demonstrate that access to and the design of the parking facilities shall not create vehicle back-ups onto existing abutting streets.

All parking facilities shall be constructed and maintained with a paved surface of concrete or bituminous material, or other dust-free surface as approved by the Zoning Hearing Board.

The maximum building coverage shall be no greater than 25% and shall not exceed 50,000 square feet.

The maximum impervious lot coverage shall be no greater than 70%.

The minimum landscaped area shall be no less than 30%.

Curbs and sidewalks shall be provided in accordance with the West Cocalico Township Subdivision, Land Development, and Stormwater Management Ordinance [Chapter 22]. Sidewalks abutting the public rights-of-way shall coordinate with an internal pedestrian circulation design which allows for safe and convenient movement of pedestrians.

All lighting within the subject tract shall be designed and located so as not to produce a glare or direct illumination onto abutting properties through the use of flat lenses and full cut-off shields on all light fixtures m. The applicant shall demonstrate that sufficient water and sewage disposal service is available for the facility and if additional sewage facilities planning is required. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the facility. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the facility. If the property is served by on-lot water, the applicant shall provide current test results indicating the on-lot supply is potable.

YY.

Non-farm Single-Family Detached Dwellings in Agricultural Districts.

The applicant shall demonstrate to the satisfaction of the Zoning Hearing Board that the proposed location and buffering of the dwelling incorporate and take into account the odor, noise, visual and other impacts of adjoining agricultural activities and do not cause required setback distances for agricultural operations to be violated.

ZZ.

Solid Waste Disposal and Processing Facilities (Landfills and Mass Burn Facilities).

All solid waste processing operations shall be conducted within a completely-enclosed building.

No refuse shall be deposited or stored, and no building or structure shall be located within 200 feet of any property line or permanent water course and 500 feet of any land within a residential zone or in use as a church, school or park.

Any area used for the unloading, transfer, storage, processing, incineration, or deposition of refuse must be completely screened, buffered and landscaped in accordance with Part 21 of this chapter. The use of an earthen berm is required whenever possible. In addition, such areas must also be completely enclosed by an eight-foot high fence, with no openings greater than two inches in any direction.

The applicant must demonstrate compliance through a written statement and continue to comply with all applicable State and Federal standards and regulations.

The use shall be screened and buffered from all roads and adjoining properties in accordance with Part 21 of this chapter.

All uses shall provide sufficiently-long stacking lanes into the facility, so that vehicles waiting to be weighed will not back-up onto public roads.

All access drives serving the site shall be designed and constructed in accordance with the requirements of the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22].

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates, or other means to prohibit access to the area at unauthorized rimes or locations.

Hazardous waste as identified by the Pennsylvania Department of Environmental Protection shall not be disposed of within the subject property.

The application for a special exception shall be accompanied by a working plan to prevent the scattering of debris and litter as well as the cleanup of the same.

The facility shall employ qualified facility operators responsible for supervising all unloading, processing, transfer, and deposition activities of solid waste.

No more solid waste shall be stored on the property than what is necessary to keep the facility in constant operation; but in no circumstance shall such waste be stored for greater than 72 hours.

A contingency plan for the disposal of solid waste shall be submitted to the Township in the event of a facility shutdown.

Leachate from the solid waste shall be disposed of in a manner in compliance with any applicable State and Federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's regulations.

A water supply feasibility report shall be prepared in accordance with Part 4 of the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22].

(18)

The applicant shall perform a traffic study as called for by the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22] and shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site and safe through-movements on the existing road.

(19)

A plan for the capture and productive use of methane from any landfill shall be submitted and implemented.

(20)

A minimum 100-foot wide landscape strip shall be located and maintained along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip.

(21)

AAA.

Farm Employee Housing.

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the facility and if additional sewage facilities planning is required. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the facility. If the property is sewed by on-lot sewage disposal, the applicant shall present evidence that the on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the facility. If the property is served by on-lot water, the applicant shall provide current test results indicating the on-lot supply is potable.

The off-street parking requirements of Part 18 of this chapter shall apply to each dwelling.

The minimum lot area and yard requirements of the respective zoning district shall apply to the principal and to the farm employee housing.

Accessory Farm Dwelling.

Accessory farm dwellings shall be permitted by special exception in the E-S, A-1, A-2 and O-S Districts. For the purposes of this chapter, an accessory farm dwelling is a permanent second dwelling having as its occupant(s) (1) an owner, (2) one or more full-time laborers, (3) or any family member of an owner or full-time laborer on the farm. No more than one accessory farm dwelling shall be permitted on a farm.

The location of the accessory farm dwelling must also conform to the requirements of the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22].

Temporary Farm Employee Housing.

One mobile home is permitted to be located on each farm as living quarters for farm workers and their families. The farm worker shall be employed by the owner of the farm, and the workers may occupy the mobile home for as long as they are employed by the owner of the farm.

All mobile homes shall be set back a distance that is at least equal to the front yard setback of the existing farm dwelling and be no further than 300 feet from said dwelling, provided that the mobile home is no closer than 100 feet to adjoining property lines.

All mobile homes shall be installed in accordance with the requirements of the Uniform Construction Code [Chapter 5, Part 1].

The mobile home shall be occupied at least 30 days a year by at least one person who is employed on the farm where the mobile home is located. If this condition is not satisfied, then the mobile home shall be removed within 90 days.

BBB.

Wholesale Distribution of Industrial Products, Including Lumber and Coal Yards, Building Material Storage Yards, Contractors' Equipment and Storage Yards (For Operations in Excess of Four Employees), and Commercial Warehouses.

Any outdoor storage of industrial products, building materials, equipment, products, and waste material shall be secured with a six-foot high fence. Such outdoor storage shall be completely screened from view of adjoining properties and roads by a combination of earthen berm and shrubs and trees within two years of building permit issuance.

CCC.

Essential Services. Essential services equipment and structures shall be permitted by special exception in all zoning districts without regard to the use, lot area, setbacks and impervious area regulations; provided, however, that buildings erected for these services shall be subject to the following regulations:

Unhoused equipment shall be enclosed with a chain link fence six feet in height.

Housed Equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required.

Screen Planting in Residential Districts. The required fence for unhoused equipment shall be screened in accordance with the requirements of Part 12 of this chapter.

The external design of the building shall be in conformity with the architectural character of the buildings in the surrounding area.

Storage of Vehicles. In Residential Districts, newly permitted essential services facilities shall not include the exterior storage of vehicles or equipment used in the maintenance of any utility.

All equipment shall conform to the Industrial performance standards of Part 21 of this chapter.

Lands acquired for or by West Cocalico Township or its authorities shall not count against any remaining subdivision or development quota provided by this chapter.

Essential services provided by West Cocalico Township or its authorities shall be required to comply with these requirements but are not required to obtain approval from the Zoning Hearing Board.

DDD.

Riding School or Horse Boarding Stable.

The minimum area for a riding school or horse boarding stable shall be 20 acres.

All horses except while exercising or pasturing shall be kept within a completely enclosed building which was erected or maintained for that purpose.

No building or stable shall be located less than 100 feet from any lot line, nor closer than 200 feet from the nearest existing dwelling, other than that of the owner. A minimum of one acre of dedicated exercise or pasture per one animal unit maintained shall be provided.

All areas used for exercise and pasturing shall be securely fenced to prevent the escape of horses. A pasture fence shall be located a minimum distance of 10 feet from the property line.

No manure storage facility or area shall be established closer than 150 feet to any property line. The applicant shall demonstrate to the satisfaction of the Zoning Hearing Board that the methods of disposing of manure are in compliance with applicable standards.

One sign shall be permitted which shall not be greater than four square feet in area and located a minimum of 20 feet from the street right-of-way line.

Adequate off-street parking shall be provided in accordance with requirements of Part 18.

EEE.

Adaptive Reuse of Agricultural Buildings.

The applicant shall demonstrate that the building existed on September 7, 2011.

No agricultural building may be adapted or reused for residential purposes.

The use proposed for the agricultural building must be permitted within the Township, although such use does not have to be permitted within the district in which the agricultural building is located. If the proposed adaptive reuse of an agricultural is for a use permitted by right or special exception in the district in which the agricultural building is located, the applicant shall comply with all requirements for such use. It is the intent of this provision that the applicant may not avoid requirements for a particular use by locating the use within an existing agricultural building.

Any number of uses may be permitted under this section provided the applicant presents credible evidence to the satisfaction of the Zoning Hearing Board that such multiple uses are designed and developed to function in a coordinated fashion and the uses are not incompatible.

Any use proposed under this section that has specific criteria applied to it within other districts shall comply with such specific criteria.

The applicant shall provide credible evidence of an approved water supply and sewage disposal system.

The applicant shall provide for sufficient off-street parking and off-street loading spaces as required by this chapter.

The applicant shall obtain any necessary land development approval.

The applicant may not adapt an agricultural building for any use which would require special permitting or approvals from the state or federal government.

§ 27-2306 Alternative Energy Systems.

[Ord. 116, 9/7/2011; as added by Ord. 123, 2/6/2014, § 15]

Purpose. The purpose of this section is to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community, in order to:

Promote rather than restrict the use of alternative energy systems by creating a clear regulatory path for approving alternative energy systems.

Create livable communities where development incorporates sustainable design elements such as resource and energy conservation and the use of renewable energy.

Encourage alternative energy development in locations where the technology can be environmentally, economically and socially compatible.

Ensure the continued viability of the Township's agricultural economy by promoting alternative energy systems that are farm-based and that minimize detrimental impacts on the productivity of agricultural lands.

Accessory Solar Energy Systems.

Zoning Districts Allowed. Accessory solar energy systems are allowed in all zoning districts as an accessory use to a principal use of the lot.

General Requirements.

An accessory solar energy system shall provide power for only the principal use and customary accessory uses of the lot or parcel on which located. The system shall be used solely for the generation of power for use on site. Excess electric power generated incidentally may be sold to a power utility.

A single assemblage of solar panels, regardless of the number, and supporting equipment constitutes an accessory solar energy system. Conduit and other utility connections are not considered to be part of the system. More than one system may be installed on a lot.

An accessory solar energy system shall not display advertising. The manufacturer's or installer's identification and appropriate warning or cautionary notices may be displayed, provided they comply with current municipal sign regulations.

Development Standards-Roof Mounted Systems.

Roof-mounted accessory solar energy systems shall only be located on an existing principal or accessory building and shall not be allowed on a structure constructed specifically for the purpose of accommodating an accessory solar energy system.

Roof-mounted solar panels and shingles shall not exceed the highest peak of a pitched roof building. The tops of panels shall not exceed the height of the parapet or four feet, whichever is less, on a flat-roofed building.

The accessory solar energy system shall be set back a minimum of three feet from the perimeter of the building roof.

All utility connections to the accessory solar energy system shall be trenched and undergrounded to the point of intersection with the support building, unless the applicant demonstrates to the satisfaction of the Township Code Official that it is not feasible to trench and underground a utility connection.

Development Standards-Ground-Mounted Systems.

Ground-mounted accessory systems are permitted only on lots larger than one acre within lot areas not subject to floodplain overlay restrictions.

Ground-mounted accessory solar energy structures shall be located a minimum of three feet from the adjoining property line(s). The system is prohibited in the front yard of the lot for which the system is proposed.

The surface area enclosing the ground-mounted solar energy system is considered impervious and is subject to the impervious coverage requirement of the applicable zone, unless the applicant can demonstrate by credible evidence that stormwater will infiltrate into the ground beneath the solar energy system at a rate equal to that of the infiltration rate of the existing condition of the subject surface area.

Required Permits and Construction Requirements.

Accessory solar energy systems require the approval and issuance of a building permit by the Township Code Official prior to the start of construction.

The design and installation of accessory solar energy systems shall conform to applicable industry standards and the UCC. At the time of application for a building permit, the applicant shall submit manufacturer certificates of design compliance obtained by the accessory solar energy system manufacturer from a reputable certifying organization.

The applicant for an accessory solar energy system that is to be connected to the power utility grid shall provide written authorization from the power utility. Interconnection and net metering shall be in accordance with the policies of the power utility.

Principal Solar Energy Systems.

Zoning Districts Allowed. Principal solar energy systems are permitted as a special exception use within the A-1 and A-2 zoning districts, subject to compliance with the following criteria:

The principal solar energy system, with the exception of transmission lines, shall not be located on Class 1, 2 or 3 prime agricultural soils, as established by the Soil Survey of Lancaster County, Pennsylvania (latest edition), unless roof-mounted on an existing building. Such systems shall not be allowed on a structure constructed or converted for the purpose of accommodating a solar energy system on Class 1, 2 or 3 prime agricultural soils.

More than one system may be installed on a lot, subject to the limitations of this section. Multiple, contiguous lots in the same ownership or control shall count as one lot for purposes of this section.

The area devoted to the solar energy system shall be limited to a maximum of five acres or 5% of the total lot area, whichever is less, unless located on the roof of an existing building.

All on-site utility and transmission lines shall be placed underground, unless demonstrated by the applicant to not be feasible.

General Requirements.

A single assemblage of solar panels, regardless of the number, and supporting equipment constitutes a solar energy system. Conduit and other utility connections are not considered to be part of the system.

The solar energy system shall not display off-site advertising. The manufacturer's or installer's identification and appropriate warning or cautionary notices may be displayed, provided they comply with municipal sign regulations. On-site business signs are allowed in accordance with the sign regulations applicable to the zoning district.

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

At the time of issuance of the permit for the construction of the facility, the owner shall provide financial security in a form and amount acceptable to the Township to secure the expense of decommissioning the solar energy system.

Development Standards-Roof-Mounted Systems.

Roof-mounted systems shall be set back a minimum of three feet from the perimeter of the building roof.

Development Standards-Ground-Mounted Systems.

Ground-mounted systems are permitted only on lots larger than one acre within lot areas not subject to floodplain or steep slope overlay restrictions.

Ground-mounted systems shall be located in accordance with the setback requirements for principal uses of the applicable zone.

For purposes of determining compliance with the lot coverage standards of the zoning district, the total surface area of all ground-mounted and free-standing solar collectors, including solar photovoltaic cells, panels, arrays, and solar hot air or water collector devices, in addition to any other related structures, shall be considered as impervious surface, unless the applicant can demonstrate by credible evidence that stormwater will infiltrate into the ground beneath the solar energy system at a rate equal to that of the infiltration rate of the existing condition of the subject surface area.

The perimeter of the area devoted to the solar energy system and related structures and mechanical equipment shall be secured by an eight-foot chain-link fence and screened in accordance with § 27-2111.3.

Required Permits and Construction Requirements.

Principal solar energy systems require the approval of a special exception in accordance with the requirements of Parts 23 and 24 and the issuance of a building permit by the Township Code Official. The special-exception application shall be referred to the Township Planning Commission for review prior to consideration by the Township Zoning Hearing Board.

The Zoning Hearing Board, in approving the special-exception request, may attach conditions in accordance with § 27-2406.2.

In addition to any other requirements for submittal of a special-exception request, the application shall include the following supplemental information:

A detailed written description of the proposed project, including a general description of the project site.

A legal description of the project site.

A site plan drawn in sufficient detail to clearly depict the following:

On-site areas of Class 1, 2 or 3 prime agricultural soils.

Existing topographic features.

Physical features of the project site, both before and after construction of the energy facility, including existing structures and land uses.

Dimensions of the project site.

Locations and approximate dimensions of all equipment, devices, structures and power transmission lines associated with the proposed system.

Identification and area calculation of the area devoted to the solar energy system.

Identification of existing and proposed areas of impervious coverage.

Location of existing or proposed electrical transmission lines and facilities on the proposed location.

Setback in feet from the site property boundaries of each principal solar energy system and each proposed structure.

For roof-mounted systems, written certification from a structural engineer stating that the roof is structurally capable of supporting the additional load.

Prior to the start of construction, principal solar energy systems require the submittal and approval of a land development plan and stormwater management plan in accordance with adopted Township ordinances.

The design and installation of the principal solar energy system shall conform to applicable industry standards and the UCC. At the time of application for a building permit, the applicant shall submit manufacturer certificates of design compliance obtained by the system manufacturer from a reputable certifying organization.

The applicant shall provide written authorization from the power utility for connection to the power utility grid. Interconnection and net metering shall be in accordance with the policies of the power utility.

Decommissioning.

A principal solar energy system that is not in continuous and uninterrupted operation for 12 consecutive months shall be deemed nonoperational and abandoned, and shall constitute a public nuisance. Upon written notice thereof by the Township to the owner of the facility, the facility shall be decommissioned at the owner's expense within one year of said notice.

Decommissioning of the project site shall include removal of the entire solar energy system facility, including all poles, foundations, buildings, accessory structures, fences, transmission lines and all other appurtenances of and relating to the facility.

The removal of any ground-mounted solar facilities and ancillary structures shall require remediation of the site to its prior natural or agricultural state. Remediation shall be completed within one year of the initial written notice by the Township regarding abandonment of the solar facility. The method of remediation requires approval of an erosion and sedimentation control plan by the Lancaster County Conservation District.

Accessory Wind Energy Systems.

Zoning Districts Allowed. Accessory wind energy systems are allowed in all zoning districts as an accessory use to a principal use of the lot.

General Requirements.

Allowable accessory wind energy systems shall only be the verticalaxis type of wind turbine, except that wind mills (horizontal-axis types of wind turbines) are exempted from this section when used in support of agricultural operations and farm housing.

An accessory wind energy system shall provide power for only the principal use and customary, accessory uses of the lot on which located. The system shall be used solely for the generation of power for use on-site. Excess electric power generated incidentally may be sold to a power utility.

No more than one accessory wind energy system is allowed per lot. A single assemblage of a rotor, gearbox and generator constitutes an accessory wind energy system. Conduit and other utility connections are not considered to be part of the system.

An accessory wind energy system shall not exceed 55 decibels under normal operating conditions, as measured at the property line. Sound levels, however, may be exceeded during short-term events out of anyone's control, such as utility outages or severe wind storms.

An accessory wind energy system shall not display advertising. The manufacturer's or installer's identification and appropriate warning or cautionary notices may be displayed, provided they comply with current municipal sign regulations.

Development Standards.

Accessory wind energy systems shall only be ground-mounted.

The maximum height of an accessory wind energy system shall not exceed the maximum allowable height of the zoning district for a principal use.

Accessory wind energy systems shall be set back from property lines, buildings and off-site overhead utility lines in accordance with the setback requirements of the zoning district for accessory structures or at a ratio of 1.3:1 to the maximum height of the accessory wind energy system (i.e., a distance of 1.3 feet for every foot of height of the system), whichever is greater.

Required Permits and Construction Requirements.

Accessory wind energy systems require the approval and issuance of a building permit by the Township Code Official prior to the start of construction.

The design and installation of accessory wind energy systems shall conform to applicable industry standards and the UCC. At the time of application for a building permit, the applicant shall submit manufacturer certificates of design compliance obtained by the accessory wind energy system manufacturer from a reputable certifying organization. The submittal shall include the manufacturer's specifications for sound levels under normal operating conditions.

The applicant for an accessory wind energy system that is to be connected to the power utility grid shall provide written authorization from the power utility. Interconnection and net metering shall be in accordance with the policies of the power utility.

Principal Wind Energy Systems.

Zoning Districts Allowed. Principal wind energy systems are permitted as a special exception use within the ES zoning district, subject to compliance with the following criteria:

The principal wind energy system, with the exception of transmission lines, shall not be located on Class 1, 2 or 3 prime agricultural soils, as established by the Soil Survey of Lancaster County, Pennsylvania (latest edition).

The area devoted to the wind energy system shall be limited to a maximum of five acres or 5% of the total lot area, whichever is less.

All on-site utility and transmission lines shall be placed underground, unless demonstrated by the applicant to not be feasible.

The wind turbine shall be sited to prevent shadow flicker on any occupied existing building on adjacent property.

General Requirements.

The wind energy system shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

Principal wind energy systems shall not generate noise which exceeds 55 decibels nor 10 decibels above ambient noise in any one hour, whichever is higher, as measured at the property line.

The wind energy system shall not display off-site advertising. The manufacturer's or installer's identification and appropriate warning or cautionary notices may be displayed, provided they comply with municipal sign regulations. On-site business signs are allowed in accordance with the sign regulations applicable to the ES zoning district.

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

Wind turbines shall not be illuminated, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

The perimeter of the area devoted to the wind turbine and related structures and mechanical equipment shall be secured by an eight-foot chain link fence and screened in accordance with § 27-2111.3.

Wind turbines shall not be climbable for a minimum of 15 feet above ground level or the highest point of any adjacent roof, whichever is more restrictive.

Development Standards.

Wind turbines shall be set back from lot lines and from any on-site, non-system related buildings a minimum of 1.1 times the turbine height, as measured from the center of the turbine base to the nearest point of the lot line or building foundation, or as otherwise required by the ES zone, whichever is more restrictive.

Furthermore, wind turbines shall be set back from any off-site buildings a minimum of 2.5 times the turbine height, as measured from the center of the turbine base to the nearest point of the off-site building's foundation, or as otherwise required by the ES zone, whichever is more restrictive.

Minimum setbacks and the maximum height of buildings and structures ancillary to the wind turbine shall be in accordance with the requirements of the ES zoning district for a principal use.

Required Permits and Construction Requirements.

Principal wind energy systems require the approval of a special- exception in accordance with the requirements of Parts 23 and 24 and the issuance of a building permit by the Township Code Official. The special-exception application shall be referred to the Township Planning Commission for review prior to consideration by the Township Zoning Hearing Board.

The Zoning Hearing Board, in approving the special-exception request, may attach conditions in accordance with § 27-2406.2.

In addition to any other requirements for submittal of a special- exception request, the application shall include the following supplemental information:

A detailed written description of the proposed project, including a general description of the project site.

A legal description of the project site.

A site plan drawn in sufficient detail to clearly depict the following:

On-site areas of Class 1, 2 or 3 prime agricultural soils.

Existing topographic features.

Physical features of the project site, both before and after construction of the energy facility, including existing structures and land uses.

Dimensions of the project site.

Locations and approximate dimensions of all equipment, devices, structures and power transmission lines associated with the proposed system.

Identification and area calculation of the area devoted to the wind energy system.

Identification of existing and proposed areas of impervious coverage.

Location of existing or proposed electrical transmission lines and facilities on the proposed location.

Setback in feet from the site property boundaries of each principal wind energy system and each proposed structure.

Prior to the start of construction, principal wind energy systems require the submittal and approval of a land development plan and stormwater management plan in accordance with adopted Township ordinances.

The design and installation of the wind energy system shall conform to applicable industry standards and the UCC. At the time of application for a building permit, the applicant shall submit manufacturer certificates of design compliance obtained by the system manufacturer from a reputable certifying organization. The submittal shall include the manufacturer's specifications for sound levels under normal operating conditions.

Decommissioning.

A principal wind energy system that is not in continuous and uninterrupted operation for 12 consecutive months shall be deemed non- operational and abandoned, and shall constitute a public nuisance. Upon written notice thereof by the Township to the owner of the facility, the facility shall be decommissioned at the owner's expense within one year of said notice.

Decommissioning of the project site shall include removal of the entire wind energy system facility, including all poles, foundations, buildings, accessory structures, fences, transmission lines and all other appurtenances of and relating to the facility.

The removal of ground-mounted equipment and ancillary structures shall require remediation of the site to its prior natural or agricultural state. Remediation shall be completed within one year of the initial written notice by the Township regarding abandonment of the facility. The method of remediation requires approval of an erosion and sedimentation control plan by the Lancaster County Conservation District.

Geothermal Energy Systems.

Zoning Districts Allowed. Closed-loop geothermal energy systems are allowed in all zoning districts as an accessory use to a principal use of the lot. Open-loop geothermal energy systems are prohibited within the municipality.

General Requirements.

Geothermal energy systems shall use only nontoxic, biodegradable circulating fluids, such as food-grade propylene glycol.

Geothermal energy systems shall not encroach on existing public, drainage, utility, roadway, trail or other recorded easements.

Development Standards.

A horizontal closed-loop system shall be installed a maximum of 20 feet below the average finished grade of the area in which located or as otherwise specified by the manufacturer, whichever is more restrictive.

All vertical closed-loop geothermal energy systems shall have proper grout sealing with the following properties:

High thermal conductivity to allow heat transfer.

Low viscosity to allow the grout to wrap around the pipe.

Low shrinkage volume to ensure that the grout will not pull away from the pipe.

Low permeability to prevent the migration of antifreeze solution in the event of a line breakage.

Geothermal energy systems shall be located a minimum of 25 feet from all property lines, except as otherwise specified.

Geothermal energy systems shall be located a minimum of 100 feet from existing potable water wells and a minimum of 25 feet from any existing septic system.

Above-ground equipment associated with geothermal pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all minimum accessory structure setbacks required for the zoning district.

All horizontal closed-loop geothermal energy systems shall be properly backfilled, including the removal of sharp-edged rocks before backfilling in order to prevent such rocks from coming into contact with the system pipe.

Required Permits and Construction Requirements.

Geothermal energy systems require the approval and issuance of a building permit by the Township Code Official prior to the start of construction.

The design and installation of geothermal energy systems shall conform to applicable industry standards and the UCC. At the time of application for a permit, the applicant shall submit manufacturer certificates of design and circulating fluid compliance obtained by the geothermal energy system manufacturer from a reputable certifying organization.

Decommissioning. If a geothermal energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following:

The heat pump and any external mechanical equipment shall be removed.

Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.

Accessory and Community Anaerobic Digester Systems.

Zoning Districts Allowed. Accessory and community anaerobic digester systems are permitted as an accessory use to a principal agricultural operation within the A-1 and A-2 zoning districts.

General Requirements.

An accessory or community anaerobic digester system shall provide power for only the principal agricultural use and customary accessory uses of the lot or parcel on which located. The system shall be used solely for the generation of power for use on-site. Excess electric power generated may be sold to a power utility.

Manure (primary catalysts) and feedstock or other organic materials (secondary catalysts) to be used for the anaerobic digestion or co-digestion process shall be stored in accordance with Pennsylvania Nutrient Management Program requirements, as may be amended.

Accessory and community anaerobic digester systems shall be designed and constructed in accordance with the Pennsylvania Department of Environmental Protection's Bureau of Water Quality Management guidelines for such systems, as may be amended. Evidence of applicable Federal and State regulatory agencies written approvals shall be included with the building permit application.

An accessory anaerobic digester system may serve more than one farm when operated as a community digester system.

Development Standards.

Anaerobic and community digester system structures shall be located in accordance with the requirements for accessory structures of the applicable agricultural zone.

Anaerobic digester systems, except for appurtenant electrical wiring, shall be located a minimum of 100 feet from existing potable water wells and surfaces waters, such as streams, springs, ponds, and lakes.

Manure storage in support of an anaerobic digester system shall be sited and operated as required under an approved nutrient and odor management plan.

Required Permits and Construction Requirements.

Accessory and community anaerobic digester systems require the approval and issuance of a building permit by the Township Code Official prior to the start of construction.

The applicant for an accessory or community anaerobic digester system permit shall provide the following information at the time of application for the building permit:

A sketch plan depicting the location of all structures, significant trees, existing potable water wells and surfaces waters, such as streams, springs, ponds, and lakes, within 100 feet of the proposed anaerobic digester system.

Information provided by the manufacturer of the anaerobic digester system including, but not limited to, the make and model, the manufacturer's design data, construction plans and installation instructions.

Documentation of the intent and proposed capacity of the digester system, including holding ponds, tanks, and/or pools.

The type and quantity of wastes and supplemental feedstock for which the digester is designed.

Evidence that the use, handling, and disposal of materials will be accomplished in a manner that complies with State and Federal regulations.

The applicant for an accessory or community anaerobic digester system that is to be connected to the power utility grid shall provide written authorization from the power utility. Interconnection and net metering shall be in accordance with the policies of the power utility.

Decommissioning.

The owner/operator shall submit a plan for shutdown of the anaerobic digestion system when it becomes functionally obsolete or is no longer in use. The plan shall specify the dismantling and disposal of operational components and associated wastes.

The owner/operator shall notify the Township at least 30 days prior to cessation or abandonment of the operation.

The owner/operator shall ensure that all pits, tanks, and pipes are empty and clean by removing the liquids and accumulated sludge. Tanks shall be covered securely with lids or hatch covers after content removal.

Insulation, piping, and similar materials that cannot be re-used or recycled shall be disposed of in the appropriate manner consistent with Pennsylvania DEP's waste management program requirements.

Principal Anaerobic Digester Systems.

Zoning Districts Allowed. Principal anaerobic digester systems are allowed by special exception within the A-1 and A-2 Agricultural zoning districts.

General Requirements.

In order to minimize potential community impacts, principal anaerobic digester systems shall be separated by a minimum distance of two miles from each other. For purposes of determining the separation distance, the area of a principal anaerobic digester system shall include the manure management facility, along with its appurtenant structures, buildings, and storage areas, associated stormwater management facilities and access drives that serve the facility.

Anaerobic digester systems shall be designed and constructed in accordance with the Pennsylvania Department of Environmental Protection's Bureau of Water Quality Management guidelines for such systems, as may be amended. Evidence of applicable Federal and State regulatory agencies written approvals shall be included with the building permit application.

Development Standards.

A principal anaerobic digester system requires a minimum lot size of 10 acres. All structures associated with the system shall be located in accordance with the requirements for principal structures of the applicable agricultural zone.

Manure storage in support of an anaerobic digester system shall be sited and operated as required under an approved nutrient and odor management plan.

Required Permits and Construction Requirements.

Prior to the start of construction, principal anaerobic digester systems require the application for and approval of a special-exception in accordance with the requirements of Parts 23 and 24 and the approval and issuance of a building permit by the Township Code Official. The special exception application shall be referred to the Township Planning Commission for review prior to consideration by the Township Zoning Hearing Board.

The Zoning Hearing Board, in approving the special exception request, may attach conditions in accordance with § 27-2406.2.

In addition to any other requirements for submittal of a special- exception request, the application shall include the following supplemental information:

A land development sketch plan that additionally includes the location of all structures, significant trees, existing potable water wells and surfaces waters, such as streams, springs, ponds, and lakes, within 100 feet of the proposed anaerobic digester system.

Documentation of the proposed capacity of the digester system, including holding ponds, tanks, and/or pools.

The type and quantity of wastes and supplemental feedstocks for which the digester is designed.

Evidence that the use, handling, and disposal of materials will be in compliance with State and Federal regulations.

A letter from the Lancaster County Conservation District stating that the applicant's anaerobic digester system design has been reviewed and approved by the Lancaster County Conservation District or that no review is required.

A stormwater management plan, as required under separate Township ordinance.

A traffic analysis, as described in Subparagraph (4), below.

The classification(s) of the road(s) providing access to the principal anaerobic digester system shall be appropriate for the anticipated volume and class of vehicle(s) generated by the operation as determined by a traffic impact study conducted in accordance with Part 4 of the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22]. The traffic evaluation study, at a minimum, shall include the following supplemental information:

Existing traffic volume data for all roadways within 1,000 feet of the subject site that provide access to the site.

Anticipated traffic volumes resulting from the proposed use, as well as background traffic growth, for all roadways within 1,000 feet that provide access to the site.

A physical analysis of all identified roadways, including earthway width, shoulder width, pavement condition, horizontal and vertical curves, anticipated stormwater drainage characteristics, sight distances and bridge weight capacities.

An analysis of current and future levels of service for all intersections identified in subsection above.

Demonstration that the site design of the facility shall provide stacking lanes of sufficient length into the facility such that the anticipated number of vehicles queuing to be loaded or unloaded will not encroach onto adjacent public roads.

Proposed truck routing plans and alternate routing plans consistent with Pennsylvania, Lancaster County and Township posted weight limit requirements for highways and bridges.

Prior to the start of construction, principal anaerobic digester systems require the submittal and approval of a land development plan and stormwater management plan in accordance with adopted Township ordinances.

The applicant for a principal anaerobic digester system shall provide written authorization for interconnection from the power utility. Interconnection and net metering shall be in accordance with the policies of the power utility.

Principal anaerobic digester systems shall be designed and constructed in compliance with the Pennsylvania Department of Environmental Protection's Bureau of Water Quality Management guidelines for such systems, as may be amended. Evidence of applicable Federal and State regulatory agencies written approvals shall be included with the building permit application.

Decommissioning.

The owner/operator shall notify the Township at least 30 days prior to cessation or abandonment of the operation.

Insulation, piping, and similar materials that cannot be re-used or recycled shall be disposed of in the appropriate manner consistent with Pennsylvania DEP's waste management program requirements.

Outdoor Hydronic Heating Systems.

Zoning Districts Allowed. Outdoor hydronic heating systems are allowed in the ES, A-1, A-2, OS and RR zoning districts.

The regulations of this section do not apply to.

Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

Burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.

The use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

PHASE 2 OUTDOOR WOOD-FIRED HYDRONIC HEATER

Outdoor burning as may otherwise be regulated by the Township.

Definitions. For purposes of this subsection only, the following terms shall have the provided meanings:

An outdoor wood-fired hydronic heater that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units output, is labeled accordingly, and is identified with a white hang tag.

STACK

Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a hydronic heater, including that part of a structure extending above a roof.

General Requirements.

Only new Phase 2 outdoor wood-fired hydronic heater systems shall be permitted.

Outdoor hydronic heating systems shall not be operated between May 1 and September 30.

An outdoor hydronic heater system permitted after the effective date of this section shall have a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 150 feet from the hydronic heater.

The use of an outdoor hydronic heater system installed prior to the effective date of this section shall be discontinued immediately unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 500 feet from the outdoor hydronic heater. The use of an existing outdoor hydronic heater system may be continued provided that it is a Phase 2 outdoor wood-fired hydronic heater that conforms to the stack requirements of the preceding subparagraph.

Allowable Fuels. New or existing outdoor hydronic heater systems shall only use the following fuel types:

Clean wood.

Wood pellets made from clean wood.

Home heating oil, natural gas, propane or that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired outdoor hydronic heaters.

Prohibited Fuels. The following items are prohibited as fuel types for outdoor hydronic heater systems:

Treated or painted wood.

Furniture.

Garbage.

Tires.

Lawn clippings or other yard waste.

Material containing plastic or rubber.

Waste petroleum products, including paints, paint thinners or asphalt products.

Chemicals.

Any hazardous waste.

Coal.

Glossy colored paper.

Construction and demolition debris, including plywood or particleboard.

Salt water driftwood.

(n)

Manure or animal carcasses.

(o)

Any other material that may result in harmful or noxious emissions or residue.

Development Standards.

Outdoor hydronic heater systems shall be set back a minimum of 150 feet from all property lines.

Enclosures for outdoor hydronic heater systems shall comply with all standards as applicable to detached accessory buildings for the zoning district.

Required Permits and Construction Requirements.

Outdoor hydronic heating systems require the approval and issuance of a building permit by the Township Code Official prior to the start of construction.

New and existing outdoor hydronic heater systems shall comply with all applicable Federal, State and local clean air regulations.