Topsoil or sod may be removed from a premises only under the following conditions:

The excavation of clay, sand, gravel, rock or other mineral shall be permitted, and the material thus excavated may be sold only as part of the construction of a building or alteration of a street. Excavation shall not be conducted in a way which will leave loose boulders exposed.

A patio, terrace, deck or unroofed porch may project into a rear yard, provided that it is set back a minimum of 15 feet from the adjacent property line in the R-3, Residential District, the R-3C Residential Infill Development and the R-4 Residential Districts and a minimum of 25 feet from the adjacent property line in the R-2 Residential District. A patio, terrace, deck or unroofed porch may be built in the R-3B Flexible Design Conservation District pursuant to the standards in § 84-14.6B(6). On a parcel defined as a through lot, a patio, terrace, deck or unroofed porch may be located behind the principal structure, provided that it conforms to the minimum set back criteria as required by this section.

An open fire escape may project not more than six feet into any side or rear yard.

The overhang or eave of a roof may project a maximum of two feet into any yard. A roof not to exceed 20 square feet over an entrance or exit door may project into any yard.

In the R-2, R-3 and R-4 Residential Districts, one shed may be located within a required rear yard or side yard but not in a front yard or within the required building setback line, provided that it shall be set back a minimum of six feet from the side or rear property line. A permit shall be required per § 84-67A of this chapter.

In any district in which either a gasoline service station or other use which includes, as an integral part thereof, the retail sale and dispensing of gasoline through full service or self-service metered gasoline pumps is a permitted use, whether by right, special exception or conditional use, the overhang of a canopy, as herein defined, designed and intended to provide a permanent cover over the gasoline pump islands to protect customers and their vehicles positioned there for service from inclement weather may encroach into the front yard within the required building setback area, provided that the leading edge or facade of the overhang shall be set back not less than 10 feet from the nearest edge of the street right-of-way. The supporting structure of the overhang shall be set back as required by the applicable district regulations for gasoline pumps. For purposes of this regulation, the leading edge or facade of the canopy is the outside face or edge of that part of the canopy which is parallel to the right-of-way, a canopy is a permanent, roof-like structure without walls permanently attached by posts or columns to the ground and the overhang is that part of the canopy which extends beyond the district's minimum building setback.

In the I-C Industrial-Commercial District, noise barriers may be permitted in required yards, except front yards, between any industrial use permitted by § 84-41A(1) through (4) and a residential use located within the district, when approved as a conditional use, as determined necessary and appropriate by the Board for noise abatement, subject to the following regulations:

Fences.

Walls.

Flagpoles. A flagpole shall be permitted in the required front, side and rear yard with no exceptions. All flagpoles require a building permit pursuant to the procedures set forth in § 84-67.

Unless specifically permitted, no building or structure shall exceed the maximum height of buildings specified in this chapter, except that the regulations shall not apply to steeples or other decorative elements of buildings used for religious purposes, such as domes, spires and minarets, which are usually placed above the roof level and are not intended for human occupancy.

Structures such as flagpoles, water towers and silos (but specifically excluding windmills and solar energy collectors) shall be subject to and shall not exceed the maximum permitted building height unless a special exception is granted by the Zoning Hearing Board and the Board affirmatively finds that such structure is proposed, designed, intended and limited in use only to such purpose. In such case, the Board may approve such increased height as is proven by the applicant to be warranted by the functional needs of the structure, subject to such reasonable limitations and conditions as the Board shall impose; provided, the height allowed by the Board shall not exceed two times the permitted building height absent the Board's granting of a variance. Provided further, no structure shall significantly impair solar access of adjacent buildings or solar collection locations.

The minimum size of a farm shall be three acres.

Farm buildings shall not be constructed closer than 85 feet to a front property line nor closer than 100 feet to a side or rear property line.

No farmhouse shall be constructed closer than 75 feet to such lines.

No barn or manure storage shall be established closer than 100 feet to any property line.

There shall be no more than one additional dwelling for each 10 acres of farm.

Silos and bulk bins shall be exempted when attached to an existing building.

All other new construction, including structures for temporary storage of feed, shall conform to setback requirements.

Purposes. The purposes of this section are to promote, protect and preserve the public health, safety and general welfare of the citizens of West Goshen Township in accordance with the following objectives:

Word usage and definitions.

Permits required. Except for signs that are exempt pursuant to § 84-52Q below, it shall be unlawful for any person to erect, install, replace, alter, relocate or maintain within the Township any sign or other advertising structure without first obtaining a sign permit from the Zoning Officer.

Application for sign permit. Application for a sign permit required by Subsection C shall be made upon forms available from the Zoning Officer and shall, at a minimum, require the following information:

Illuminated and electrified signs. Any sign illuminated or otherwise electrical shall be subject to the National Electrical Code and an electrical inspection by an approved electrical inspection agency pursuant to Chapter 39. The electrical inspection fee shall be borne by the applicant.

Permit number, date and voltage to be placed on each sign. Each sign hereafter erected shall have permanently painted or affixed in a conspicuous place thereon, in letters not less than one inch in height, the date of erection, the permit number and, if electrified, the voltage of any electrical apparatus used in conjunction therewith.

Wind pressure and dead load elements. All signs and their supporting structures shall be designed and constructed:

Face of sign to be smooth. All signs which are constructed along the side of a street right-of-way or within five feet thereof shall have a smooth surface, and no nails, tacks, wires or other similar parts shall be permitted to protrude therefrom, except electrical reflectors and devices attached to the signs.

Signs not to constitute traffic hazard. No sign or supporting structure shall be erected at or near the intersection of any streets in such a manner as to obstruct the free and clear vision of the traveling public or at any location where, by reason of its position, shape or color, it may interfere with, obstruct the view of or be confused by the traveling public with any authorized traffic sign, signal or device; or which is a flashing or moving sign; or which makes use of the words "stop," "look," "drive-in," "danger," or any other word, phrase, symbol or character which may reasonably be expected to interfere with, mislead or confuse operators of motor vehicles.

Gooseneck reflectors. Gooseneck reflectors and lights shall be permitted on freestanding signs, roof signs and wall signs; provided, however, that the reflectors shall be equipped with proper lenses concentrating the illumination upon the area of the sign only in such manner as to prevent glare upon adjacent public or private rights-of-way or other property.

Obstructions to doors, windows or fire escapes. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape.

Maintenance and construction of sign. Every sign permitted, except temporary signs, shall be constructed of durable material and kept in good condition and repair. Any sign which is allowed to become dilapidated, in the judgment of the Zoning Officer, shall be removed by the Township at the expense of the owner or lessee of the property on which it is located if the sign is not removed by the latter within 10 days after due notice given by the Zoning Officer by registered or certified mail to the owner or lessee of the property.

(Reserved)[2]

Obscene matter prohibited. No sign shall be permitted which contains obscene matter as defined in the Pennsylvania Crimes Code.

Unsafe and unlawful signs.

Removal of certain signs. Any sign now or hereafter existing which no longer relates to a current activity conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure. Upon such person's failing to comply with a removal notice from the Building Inspector or Zoning Officer, the Building Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached.

Exemptions. The provisions and regulations of this chapter shall apply to the following signs; provided, however, that such signs shall not be subject to the provisions of Subsections C and D:

Permissible number of signs.

Criteria for bonus sign area.

Special provisions.

Specifications for signs. (See Table 1.[4])

Retail sales shall not exceed more than 1O% of the total wholesale sales of the principal use.

The authorization to conduct retail sales shall be subject to and conditioned upon the issuance of an initial permit, which shall be renewed annually by the owner of the principal use upon submission of proof of compliance with the ten-percent limitation imposed by Subsection A of this section. The fees for issuance and renewal of the permit shall be set by resolution of the Board. This limitation shall not apply to approvals granted by the Zoning Hearing Board prior to the effective date of this section or to a lawful nonconforming accessory use retail activity otherwise regulated by this section which existed prior to the effective date of this chapter.

The display and sales area of the building devoted to retail sales shall not exceed 10% of the total floor area of the business, exclusive of areas devoted to or used for production, processing, merchandise and raw materials storage, or 500 square feet, whichever is less.

No exterior sign advertising retail sales shall be permitted on the premises.

No exterior display of merchandise or products offered for sale at retail shall be permitted unless they are also sold at wholesale and such exterior display is permitted by this chapter.

There shall be no change or alteration in the existing outside appearance of the building or premises resulting from the allowance of retail sales nor shall there be any other visible exterior evidence of retail sales activities.

Purpose and intent. It is the intent of this section to establish supplemental regulations to control the development of areas containing steeply sloped land for the purpose and with the intent of preserving and promoting the health, safety and general welfare for the following purposes:

Definitions. As used in this section, the following terms shall have the meanings indicated:

Rules for interpretation of steep slopes. Steep slopes, as defined in Subsection B, and the extent thereof shall be determined by the Zoning Officer by scaling distances on the United States Geological Survey topographic maps or a topographical survey map prepared by a registered architect or engineer, where such interpretation is necessary. Initially and upon any appeal, the person contesting the location of the boundary of any such slopes, as determined by the Zoning Officer, or the slope as stated, shall have the burden of establishing that the land in question does not lie within the applicable steep slopes as defined in Subsection B(1) and (2).

Plan requirements for precautionary steep slopes. Where any map identified in Subsection B(1) and (2) shows the existence of precautionary steep slopes, the applicant shall supply the following information prior to the issuance of any building permit or subdivision and land development approval:

Limitation of construction on precautionary steep slopes. The construction, erection and development of buildings or structures on precautionary steep slopes shall be subject to the following limitations:

Restriction of construction and uses on prohibitive steep slopes.

Special exception uses on prohibitive steep slopes. The following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board subject to the requirements of this section and § 84-72O. In addition to the criteria contained in the latter referenced section, the Board shall consider the extent to which the requested use will disrupt the stability of soils and natural vegetation and contribute to erosion before and after construction or installation of the permitted use. The Board shall attach such reasonable conditions as it determines necessary and reasonable in furthering the intent and purpose of this § 84-54.

Liability. Neither the approval nor the granting of any construction permit, subdivision or land development approval or site development plan involving any land governed by the provisions of this section, by an officer, employee or agency of the Township, shall constitute a representation, guaranty or warranty of any kind by the Township or its officers, officials, employees or agencies of the practicality or safety of any structure, use or development; and the same shall create no liability upon or a cause of action against the Township, its officers, agencies, agents or employees for any damage that may result pursuant thereto.

Screening. A completely planted visual barrier, consisting of a double row of evergreen plantings having a minimum height of eight feet (after planting) and placed no more than 16 feet apart on center, shall be provided and continually maintained within a planting area reserved for that purpose, having a minimum width of 16 feet, between any industrial, commercial or multi-use district and a contiguous residential district or residential use, and, in a residential district, between an apartment use and a contiguous single or multifamily residential use. The required plantings shall be staggered so as to provide as complete a visual barrier as is possible. A stockade-type fence having a minimum height of six feet and constructed without gaps or breaks shall be substituted for one of the two required rows of plantings when determined necessary by the Zoning Officer to adequately shield the residential district or use from artificial light, glare, noise, odors, intrusion or any other cause detrimental to the health, safety and general welfare of such residential district or use. All uses permitted by special exception shall be screened as required by this section from other uses, regardless of the zoning district in which those uses are located, when so directed by the Zoning Hearing Board as a condition of special exception approval.

Storage. All storage shall be completely screened from view from any public right-of-way and any residential district which abuts the district. Screening shall consist of evergreen planting or an architectural screen. All organic rubbish or storage shall be contained in airtight, vermin-proof containers which shall also be screened from view from any public right-of-way or abutting residential district.

Landscaping requirements. Landscaping shall be provided in and around off-street parking areas and loading areas in accordance with the standards of this section in order to provide a visual and acoustical buffer for adjacent properties, to provide a visual buffer for adjacent streets, to define traffic routes and pedestrian paths through the parking area, to control erosion, to slow and filter stormwater runoff, to moderate microclimatic effects and to provide aesthetic benefit for the users of the lot, users of nearby properties and passersby.

Access and traffic control.

Design standards. The standards of this section shall apply to all commercial, industrial, institutional, recreational and multi-unit residential uses served by off-street parking areas.

Purpose. This section sets forth minimum criteria for the installation, use and maintenance of exterior lighting, the purposes of which are to require lighting in outdoor public places where safety and security are concerns; protect drivers and pedestrians on nearby streets from disabling glare from non-vehicular light sources that shine directly into their eyes and thereby impair safe travel; shield neighboring properties from nuisance glare resulting from excessive light sources and from nonexistent or improperly directed or shielded light sources; limit the height of light standards to preclude or lessen light pollution; and promote efficient design and operation with regard to energy conservation. As used herein, the term "glare" means distracting, harsh or blinding or uncomfortably bright light originating from or reflecting off man-made objects.

(Reserved)[7]

Loading area requirements for industrial and commercial uses. The requirements of this section shall apply to all industrial and commercial subdivisions or land developments and to all uses that include industrial and commercial uses and to all expansions of such existing uses resulting in a gross floor area gain of 20% or more.

Conformance.

Single-family residential parking controls.

Essential utilities, community utilities and governmental utilities, as defined in § 84-8, shall be uses permitted by right in all zoning districts, subject to the following regulations:

A public utility facility and a gas and liquid pipeline facility, as defined in § 84-8, shall be permitted by conditional use of the Board of Supervisors in the I-1, I-2, I-2R, I-3 and I-C Districts subject to the performance standards in this section. Gas and liquid pipeline facilities and hazardous liquid and/or gas pipelines are only permitted in the I-1, I-2, I-2R, I-3 and I-C districts by conditional use and subject to compliance with the following standards:

All residential zones. Microwave antennas shall be a permissible accessory use, subject to the following:

All commercial, industrial, Multipurpose, M-S and POP Districts. Microwave antennas shall be a permissible accessory use, subject to the following regulations:

General regulations. Microwave antennas shall, in all zoning districts, be subject to the following additional general regulations:

Regulations applicable to microwave antennas associated with radio and television studios permitted in the I-1 Campus Light Industrial District. The following regulations shall apply to microwave antennas associated with radio and television studios permitted as a use by right in the I-1 Zoning District and shall supersede any inconsistent provisions set forth in § 84-57.01A, B and C set forth above:

Purposes and findings of fact.

General requirements for all nontower wireless communication facilities.

Nontower wireless communications facilities outside rights-of-way.

Nontower wireless communications facilities in rights-of-way.

General requirements for all tower-based wireless communications facilities.

Tower-based WCFs outside rights-of-way.

Tower-based WCFs in rights-of-way.

Wireless communications facilities in MCX Municipal Complex District.

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

Consistency with state and federal laws and regulations. The provisions contained herein regulating wireless communications facilities are intended to comply with federal and state laws and regulations in effect as of the date of adoption of this section. To the extent that any of the provisions in this section conflict with any federal or state statute or regulations, the federal or state statutes or regulations shall control unless the applicable federal or state statutes or regulations allow for more stringent provisions in local ordinances. In which case, the more stringent provisions of local ordinances shall remain in effect and shall control in such instances.

Manufacturing activities in this section shall be carried on in completely enclosed buildings. Only storage may be permitted out of doors, under the provisions of § 84-55B of this chapter.

(Reserved)

Control of vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way shall be prohibited. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-born vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

Control of outdoor storage and waste disposal.

Control of dust, dirt, smoke, vapors, gases and odors. The air pollution control regulations promulgated by the State Air Pollution Control Act of January 8, 1960, Public Law 2119, as amended, shall be used to control the emissions of dust, dirt, smoke, vapors, gases and odors in West Goshen Township. The regulations are part of Title 25, Rules and Regulations, Department of Environmental Protection, Subpart Co., Protection of Natural Resources, Article III, Air Resources.

Storage of materials.

Light, glare and heat control. No use shall carry on an operation that will produce light, heat or glare perceptible beyond the property line of the lot on which the operation is situated.

Electric, diesel, gas or other power. Every use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements and shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by evergreen planting.

Control of radioactivity or electrical emissions or electrical disturbances. Activities which may emit radioactivity beyond enclosed areas shall comply with the codes of the Pennsylvania Department of Environmental Protection Division of Radiology. The Federal Nuclear Regulatory Commission shall also regulate the control of radioactive material associated with any activity in the Township. No electrical disturbances, except from domestic household appliances, shall be permitted to adversely affect any equipment at any time other than the equipment creating the disturbance.

A bed-and-breakfast inn may be located in any zoning district but only within a building determined by the Pennsylvania Historic and Museum Commission to be an historic building or within a building eligible to be listed on the National Register of Historic Places.

The number of guest rooms for transient accommodation shall not exceed three in any building having a habitable floor area, as defined in § 84-56C(1), of 3,000 square feet or less. One additional guest room may be added for each additional 600 square feet of habitable floor area up to a maximum total number of six guest rooms.

The minimum lot size shall be the minimum lot size designated in the applicable zoning district, plus an additional 10,000 square feet for each guest room for any lot less than one acre.

The building shall be the "principal residence" of the "owner," as these latter two terms are defined in § 84-56C(1).

At a minimum, parking shall be provided as required by the minimum parking regulations of the applicable district; provided, however, that one additional parking space shall be required for each guest room and for one employee, if any. In all residential districts, the minimum parking setback from an adjacent property line shall be 15 feet, and, when four or more guests and employee parking spaces are provided, the parking area shall be screened from direct view of any adjacent residential use by a completely planted visual barrier consisting of a double row of evergreen plantings with a minimum height of six feet after the planting and placed no more than eight feet apart. The required plantings shall be staggered so as to provide as complete a visual barrier as is possible.

No more than one employee shall be permitted to work on the premises at any time, and none shall be present between the hours of 11:00 p.m. and 6:00 a.m. Members of the owner's immediate family who are residents on the premises shall not be considered employees, whether or not paid.

Notwithstanding anything contained in any of the applicable district regulations, any inn containing four or more guest rooms shall be served by public sewer.

All applicable requirements of the Township's Building, Electrical, Fire and Plumbing Codes[1] shall be met.

No guest may be registered for a maximum continuous period in excess of seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Township Zoning Officer or Codes Enforcement Officer at any time.

Any meals provided and any amenities connected with the guest rooms, such as a swimming pool or tennis court, shall be solely for the use of the owner, the owner's family and the owner's registered guest.

One sign shall be permitted identifying the property as a bed-and-breakfast inn. The sign shall not exceed three square feet in area, shall be set back a minimum of three feet from the road right-of-way and shall contain no information other than identification of the premises as the named bed-and-breakfast inn.

An application for a use and occupancy permit and the procedure for issuance shall be as set forth in § 84-56B(1)(a) through (f) and B(2).

Upon compliance with all of the requirements of this section and other applicable codes and regulations, the Zoning Officer shall be authorized to issue a permit which shall be valid for a period of one year unless sooner revoked for violation of any condition imposed by the Zoning Officer, any misrepresentation of fact made to the Zoning Officer or Codes Enforcement Officer in conjunction with the application and review process or violation of this section or any provision of this Code. Within 30 days prior to the expiration of any such permit, the property owner shall make application for a permit renewal to the Zoning Officer, who shall, as a condition of issuance of such renewal, make an inspection of the premises for which the permit is sought to determine continued compliance with this Code. In the event that the Zoning Officer determines that a violation exists, the permit shall not be renewed until the violation is cured.

Upon nonrenewal or revocation of the permit for cause shown, the use of the premises as a bed-and-breakfast inn shall immediately cease, and continuation thereof shall subject the owner to the penalty provisions of this chapter and/or such other legal action as the Township shall determine necessary.

Eighty percent of the minimum required lot size shall be outside the boundary of and unencumbered by the identified floodplain area, wetlands or stormwater management basin. For purposes of this regulation, the area of a stormwater basin shall be calculated by measuring the area of the water surface within the basin projected to exist at the level of the basin overflow.

Each lot shall contain a minimum contiguous lot area having a slope of less than 15% percent equal to the following designated percentages of the minimum lot size required by the applicable district regulations:

A mansion located on a country house estate may be used as a reception hall, museum, exhibition hall or any use of the same general character upon compliance with all of the regulations established in this section.

A mansion located on a country house estate which is used as a reception hall, museum, exhibition hall or use of the same general character may be converted back to use as a single residence, provided the lot area shall not be less than 25 acres.

Supervision. There shall be adequate twenty-four-hours-per-day professional supervision, as needed, by person(s) trained in the field for which the group home is intended. Staffing shall, at a minimum, equal two staff persons during the day and one during the night or shall otherwise meet minimum requirements of any applicable federal, state or county standards.

Certification. Any group home involving three or more unrelated persons living in a dwelling unit or that is otherwise required to be licensed or certified under an applicable state, county or federal program shall be certified or licensed, as applicable, as a condition to the Township's issuance of a use and occupancy permit.

Registration. The group home shall register in writing with the Township its location, general type of care, maximum number of residents and sponsoring agency.

Counseling. Any medical or counseling services provided on the property shall be limited to the residents of the group home.

Parking. One off-street parking space shall be provided for each employee on duty at any one time and for every resident reasonably expected to be capable of driving a motor vehicle. Off-street parking areas of more than four spaces shall be buffered from adjacent existing single-family dwellings by a landscape screen meeting the requirements of § 84-55A.

The use shall not meet the definition of a "treatment center." A group home shall not house persons who can reasonably be considered to be a physical threat to others.

Appearance. The residence, both house and grounds, shall be maintained and/or constructed to ensure that they are closely similar in appearance, condition and character to the other residential structures in the area. No exterior signs shall be permitted.

The restriction on the number of residents in a group home shall include any employee(s) who resides in the group home on a permanent basis. A group home shall be regulated by the maximum number of unrelated persons permitted to live in a dwelling unit under the definition of "family." However, that number of unrelated persons may be increased to a maximum of eight persons if the group home is operated in a single-family detached dwelling that is over 2,500 square feet in floor area and in compliance with all area and bulk regulations for the district in which the property is located.

Septic. If a group home will use an on-lot septic system and will involve five or more persons routinely on the premises at any one time, the property owner shall be required to have the septic system certified as adequate by the County Health Department.

Employees of the group home shall be prohibited from having visitors on the premises, unless such visitation is necessary for the operation of the group home and except for emergencies.

The use shall provide illuminated exit signs, emergency battery-powered lighting and a minimum of two ABC-rated fire extinguishers. The use shall also have an interconnected smoke detector system with a central-station fire alarm system.

Use and occupancy permit. Prior to occupancy, the applicant shall secure a use and occupancy permit from the Township Zoning Officer following inspection of the property by both the Fire Marshal and the Building Official.

Reasonable accommodation. In any case where an applicant seeks a reasonable accommodation pursuant to provisions of the federal Fair Housing Act, a written application shall be filed with the Zoning Hearing Board which is hereby empowered to grant such an accommodation subject to the provisions of the federal Fair Housing Act.

Intent. The forestry and timber harvesting regulations contained in this section are intended to accomplish the following goals:

Definitions. As used in this section, the following terms shall have the meanings given to them below:

Scope; applicability. This section shall apply to all forestry, timber harvesting, tree harvesting or logging within the Township where the value of the trees, logs or other timber products removed exceeds $1,000.

Permit required. It shall be unlawful for any person to engage in any forestry, timber harvesting, tree harvesting or logging on any lot in the Township without first submitting a forest management plan as described herein and securing a permit from the Township; provided, however, that no permit shall be required for the annual removal of up to four trees per acre on any one lot.

Permit application procedure.

Forest regulations. The following regulations shall apply to all forestry, timber harvesting, tree harvesting and logging operations in the Township.

Inspection and permit fees and permit approval.

Revocation or suspension of permit. Any permit issued under this section may be revoked or suspended by the Board of Supervisors of the Township, after notice to the permit holder for:

Responsibility for road maintenance and repair; road bonding. The landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with a forestry, timber harvesting, tree harvesting or logging operation. Pursuant to 67 Pennsylvania Code, Capter 189, the landowner or operator shall furnish a bond in an amount determined by the Township Engineer to guarantee the repair of such damages.

Inspections/remedies. The Township may go upon the property where any forestry, timber harvesting, tree harvesting or logging operation is occurring to determine if the requirements of this section and of the permit, including conditions thereof, or to the plans and specifications submitted with the permit application, including modifications thereof, or to the approved runoff and erosion control plan, are being followed. If the Township determines that the landowner or operator is not complying with any of the above, the Township shall send a written notice to the permittee, which notice shall set forth the nature of corrections required and the time within which corrections shall be made. If the permittee fails to comply with the notice in the time specified, the permittee shall be considered in violation of this section, in which case the Township is entitled to seek all appropriate remedies at law, including the enforcement procedures provided in § 84-64 of this chapter.

Landscaping and screening. There shall be a berm around the perimeter of the mining operation, which shall be located within the required side, rear and front yard areas and not closer than 50 feet to the property boundary, or where a street forms the property boundary, not closer than 50 feet to the ultimate right-of-way of such street. The berm shall have a minimum height of 15 feet and maximum height of 35 feet. The slope of sides of the berm shall not exceed a 3:1 ratio. Berms shall be planted and all landscaping shall be in accordance with § 84-55C.

Fencing. A chain-link-type fence at least six feet in height, surmounted by three strands of barbed wire, shall be provided around the perimeter of the mining operation and maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet. The fence shall be set back at least 15 feet from any property line or street line.

Slope of excavation. The mining operation walls shall be sloped in accordance with the provisions of Pennsylvania Surface Mining Conservation and Reclamation Act[1] and the rules and regulations adopted pursuant thereto. No slope shall be maintained exceeding the normal limiting angle of repose of the material in which the excavation or extraction should be made. No undercutting shall be permitted within any required setback area. The depth of extraction shall be limited so it will not contribute to lowering the aquifer or water table off site.

Setback. Extraction shall not be conducted closer than 200 feet to a property line nor closer than 300 feet to the street line, nor closer than 400 feet to the point of intersection of the street line. The setback area shall not be used for any other use in conjunction with extraction except access streets, berm, screening, directional signs, public notice signs identifying the excavation, business signs identifying the occupant and buildings and structures in conformity with the applicable provisions of this chapter.

Lateral support. All operations shall be conducted with sufficient lateral support to prevent: Hazard to persons, physical damage to adjacent lands or improvements or damage to any street, sdewalk, parking area or utility by reason of slide, sinking or collapse.

Stockpiles. Stockpiles shall not exceed 100 feet in height and the toe of the slope shall not be located closer than 200 feet to any property line nor closer than 300 feet to the street line.

Drainage. All drainage from a mining extraction site shall be controlled by dikes, barriers or drainage structures sufficient to prevent any silt, debris or other loose materials from filling any existing drainage course or encroaching on streets and adjacent properties.

Control of vibration. Ground vibration caused by blasting or machinery shall not exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S., §§ 164 to 168, and the rules and regulations adopted thereunder, with the exception that blasting shall not cause a peak particle velocity greater than one inch per second, measured at any property line or street line.

Internal circulation. An adequate internal circulation pattern of streets shall be maintained between excavation and processing areas. The use of a public street shall not be permitted for hauling between extractions and processing except as stated in Subsection J below.

All necessary precautions must be taken to ensure the safety of motorists traveling on any public highway intersected by any internal circulation pattern. These precautions shall include but not be limited to the following items:

The operator shall submit a land development plan in accordance with the Subdivision and Land Development Ordinance.[2]

Parking. Off-street parking spaces shall be provided in accordance with the requirements of § 84-55.

Prior to any mineral extractions, the landowner must obtain a grading permit pursuant to § 69-4G.

Purpose and intent.

Use regulations. In those zoning districts where educational uses are permitted by conditional use subject to the provisions of this § 84-57.10, a building may be erected, altered or used and a lot may be used for any of the following purposes and for no other when approved as a conditional use, subject to the area and bulk regulations, design standards and other regulations of this § 84-57.10.

Accessory use regulations. The following are permitted accessory uses in those zoning districts where educational uses are permitted by conditional use when approved by the Board of Supervisors as a conditional use in conjunction with either a proposed new educational use permitted by § 84-57.10B, or an educational use existing on the effective date of this amendment, when such accessory uses constitute a component of such educational use.

Existing/future facilities. Any addition to or expansion or enlargement of any existing educational use constructed after the effective date of this amendment shall be subject to the granting of conditional use approval by the Board of Supervisors and shall comply with the requirements of this § 84-57.10, the other applicable provisions of Chapter 84, and any additional conditions imposed by the Board as warranted by the facts and circumstances of the particular application for which approval is sought. In any case where the Zoning Hearing Board is called upon to grant an approval or relief from the applicable provisions of this chapter to any use permitted by § 84-57.10B or C or with respect to any nonconformity governed by Article XV of this chapter, in granting such approval or relief, the Zoning Hearing Board shall require the applicant to conform to the regulations specified in this § 84-57.10 to the greatest extent reasonably possible.

Area and bulk regulations. The following area and bulk regulations shall apply to all educational uses.

The following design standards shall apply in addition to those specified in § 84-55. Whenever this § 84-57.10F applies a more stringent regulation or regulations in addition to or in place of those required by either the sections of Chapter 84 cited in this § 84-57.10F, any other applicable design standard or general performance standard imposed by the regulations of the zoning district in which the property is located, or other applicable provision of Chapter 84, the more stringent and/or additional regulation(s) specified herein shall apply and shall be considered mandatory. In all other respects, the design standards and general performance standards for the zoning district in which the property is located shall apply.

Traffic study submission requirement. In addition to the requirements of §§ 84-74 and 84-75, the applicant shall submit with the conditional use application a traffic study prepared by a Pennsylvania registered professional engineer having a specialty in traffic engineering and design meeting the requirements of § 72-19C(4) of the West Goshen Township Code. In addition to such other reasonable conditions as the Board determines necessary for the protection of the public health, safety and general welfare of the community and the enforcement of the intent and purposes of this § 84-57.10, the Board shall have the additional specific power and authority to impose as a condition of any approval the implementation by the applicant of a plan for the handling of vehicular and pedestrian traffic deemed adequate by the Board that will most efficiently and effectively relieve traffic impacts on existing streets and intersections impacted by the proposed use and funnel traffic generated by the proposed use to those streets, intersections and other traffic arteries that will lessen such public impacts. In no event shall such traffic be connected to or diverted through primarily residential neighborhoods unless it is demonstrated by a preponderance of the evidence that no other means of access is reasonably available. In such case, the Board shall impose such restrictions as it deems necessary for the health, safety and general welfare of the affected residential neighborhoods.

An area not to exceed 1,500 square feet which is on the sidewalk, patio or deck which directly abuts the restaurant, brewery pub, microbrewery or limited distillery building may be used for the purpose of furnishing food and beverages outside to the patrons of the restaurant.

The outdoor dining area must meet the setbacks for the zoning district where the restaurant, brewery pub, microbrewery or limited distillery is located and must be separated from all parking areas, streets or driveways by a barrier which is at least four feet in height and no higher than six feet in height. The barrier must prevent patrons of the restaurant, brewery pub, microbrewery or limited distillery from exiting directly onto the parking area, street or driveway adjacent to the outdoor dining area and instead must require the patrons of the restaurant, brewery pub, microbrewery or limited distillery to exit the outdoor dining area in a safe manner, either onto a sidewalk or through another means of ingress and egress which is approved by the Township Engineer. The barrier may be a fence, wall, or another suitable barrier approved by the Township Engineer which will prevent a hazardous condition and protect the health and safety of the outdoor diners from vehicular traffic on adjacent parking areas, streets or driveways.

Prior to serving food or beverages outdoors, the restaurant, brewery pub, microbrewery or limited distillery must obtain all necessary permits from all governmental and municipal agencies having jurisdiction, including but not limited to the Health Department and Liquor Control Board.

The area used for outdoor dining shall only be used for dining and may not be used for outdoor entertainment or amplified sound.

All food or beverages served in the outdoor dining area shall be served in nondisposable containers.

Convenience stores without the retail sale of automotive fuel. In addition to the general conditional use standards in § 84-75 of this chapter, the following additional standards must be met in order for the Board of Supervisors to grant conditional use approval for the use of a lot as a convenience store without the retail sale of automotive fuel:

Convenience stores with the retail sale of automotive fuel. In addition to the general conditional use standards in § 84-75 of this chapter, the following additional standards must be met in order for the Board of Supervisors to grant conditional use approval for the use of a lot as a convenience store with the retail sale of automotive fuel:

Unless otherwise set forth in this section, the regulations of the district in which the lot is located shall govern.

The building used as the pharmacy/drug store shall contain no more than 15,000 square feet of gross floor area.

All ingress and egress from any lot upon which there is proposed to be located a pharmacy/drug store shall provide safe and convenient travel.

No outdoor display of products shall be permitted.

All trash generated from a pharmacy/drug store shall be stored in a completely fenced-in or screened enclosure and may be so stored for periods not to exceed seven days. Bins shall be subject to setbacks in underlying districts.

Parking on any lot used as a pharmacy/drug store shall be provided as required by § 84-55 of this chapter.

Landscaping and screening on any lot used as a pharmacy/drug store shall be provided as required by this chapter and the Subdivision and Land Development Ordinance.

The Board of Supervisors may require the applicant to submit a traffic study illustrating the adequacy of existing or proposed roadways to accommodate any increase in traffic from the proposed pharmacy/drug store. Any such traffic study shall be prepared in sufficient detail to determine peak traffic volumes and roadway capacity and provide acceptable solutions to traffic congestion.

No direct or sky-reflected glare, whether from spotlights, floodlights, searchlights or other sources, shall be visible from adjoining streets or adjacent lots when viewed by a person standing on ground level, or from floor level on an adjacent property.

Exterior lighting on any lot used as a pharmacy/drug store shall be properly shielded so as to not be directed towards, or shine onto, other lots.

Except as provided herein, the use shall conform to all requirements of the Zoning Ordinance and Subdivision and Land Development Ordinance.

The lot shall contain a minimum of one (1) acre when located in the Multipurpose MPD District. A lot located in the C-5 General Highway Commercial District shall contain a minimum of 0.5 acre, and the facility shall be located in a stand-alone building.

All dogs must be kept inside the building at all times except for dropoff and pickup; provided, however, if the lot area is one acre or more, a fenced-in area may be provided for the use of exercise of the dogs. Such fenced-in area shall have a minimum setback of 50 feet from all property lines. If the lot is less than one acre, a fenced-in area may be provided for and shall only be used for the sanitary relief of the dogs subject to approval by the Zoning Hearing Board.

The building where such use is conducted must contain sufficient soundproof devices so that barking of dogs may not be heard beyond the property line.

The overnight boarding of dogs shall not be permitted.

Such facility shall be licensed as a boarding kennel in accordance with the Pennsylvania Dog Law,[1] and the operator/owner shall abide by all relevant provisions in such law.

The dwelling units shall be leased or sold as independent dwelling units where the occupants of the dwelling units are independent with respect to their daily living activities such as bathing, dressing and grooming.

The dwelling units shall be limited to studio, one- and two-bedroom apartment units; provided that no more than 40% of the total number of dwelling units shall contain two bedrooms.

The independent living facility must be age restricted for persons 55 years of age and older and must qualify for the exemption to the prohibition against discrimination based on familial status found in Section 3607(b)(1) of the United States Fair Housing Act, 42 U.S.C. § 3601 et seq., and the Housing for Older Persons Act of 1995 and the regulations promulgated thereunder.

The accessory uses which are provided within an independent living facility shall not occupy more than 25% of the gross floor area of the building and shall be for the exclusive use of the residents and their invitees.

If a sundries shop is provided within the independent living facility as an accessory use, the purpose of the shop is to afford an opportunity for the residents of the facility and their guests to purchase necessary toiletries and other miscellaneous dry goods and snack food items. The maximum size of the shop shall not exceed 500 square feet and there shall not be any advertising for the store outside of the facility.

The building and all units therein shall be connected to public water and public sewer.

There shall be no accessory buildings on the lot.

If the dwelling units are sold in fee simple or condominium ownership, the common areas in the independent living facility must be owned and/or managed by a professional management company.

For residential use:

For nonresidential use:

Solar energy systems as an accessory use:

Solar energy systems as a principal use.

A wind energy system shall be permitted as an accessory use in all zoning districts by special exception, subject to compliance with the following requirements:

A student home is only permitted in the R-4 District in a single-family detached dwelling, a single-family attached dwelling and a multifamily dwelling.

The dwelling unit must have a floor area of at least 1,000 square feet exclusive of basements, garages and accessory buildings.

A student home shall meet the area and bulk requirements for single-family detached dwellings, single-family attached dwellings and multifamily dwellings in the R-4 District, as the case may be.

The owner of the student home or the agent or manager of the student home shall annually register the student home with the West Goshen Township Zoning Officer on a form provided by the Township. If the owner of a student home fails to maintain a current registration of the student home, the Zoning Officer shall have the discretion to revoke the zoning permit and rental permit after providing the owner with notice and an opportunity to cure.

The dwelling unit must contain a minimum of two parking spaces for the dwelling unit and one additional space for every additional occupant of the dwelling.

All owners of student homes which are in existence as of the effective date of this section shall have 45 days from the effective date of this section to register their student homes with the Zoning Officer on a form provided by the Township. Pursuant to Section 613 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10613, the Zoning Officer shall then confirm a list of nonconforming student homes and identify any additional student homes which are lawfully in existence as of the effective date of this section. Such list shall be available for public inspection. Once the Zoning Officer has confirmed that a student home is a lawful nonconforming student home, the owner shall complete a rental registration form and annually register the student home.

If permitted by the underlying zoning district regulations, a home-related business, as defined in § 84-8 shall be permitted as an accessory use to a single-family detached dwelling, subject to the following regulations.

No more than 50% of the total floor area of the building shall be used for automobile repair.

No repair of vehicles may be conducted outside of the building. All activity relating to automobile repair shall occur inside the building.

There shall be no sale of vehicles on the lot.

There shall be no outdoor storage of vehicles for sale or rental on the lot.

The overhead doors and windows shall be kept closed at all times when any noise-producing activity relating to automobile repair is being conducted inside the building, with the exception of times when vehicles are entering and exiting the facility.

Purpose. The purpose of this section is to provide standards for the keeping of domesticated chickens. It is intended to enable residents of single-family dwellings to keep a small number of female chickens on a noncommercial basis while limiting the potential adverse impacts on the surrounding properties.

Standards for keeping domesticated chickens.

Permits. An owner wishing to keep chickens on his/her property must first obtain a permit from the Zoning Officer. An applicant seeking to obtain a permit to maintain chickens must submit an application on forms provided by the Township and pay the applicable permit fee as determined by resolution of the Board of Supervisors. If the applicant resides within a homeowners' association, a letter from the homeowners' association approving the keeping of chickens must accompany the application.

Denial, suspension or revocation of permit. The Township shall deny a permit if the applicant has not demonstrated compliance with all of the provisions of this section. A permit to keep domesticated chickens may be suspended or revoked by the Township where the Township finds that the keeping of the chickens creates a public nuisance or for any violation of, or failure to comply with, any of the provisions of this section or with the provisions of any other applicable ordinance or law.

Purpose. The purpose of this section is to allow for the creation of an in-law suite for personal, noncommercial use, as defined by § 84-8, within the Township's R-2, R-3 and R-4 Zoning Districts, subject to certain Township regulations.

Standards for in-law suites. In-law suites shall only be permitted in the R-2, R-3 and R-4 Zoning Districts and are subject to the following standards and regulations:

Denial, suspension or revocation of use and occupancy permit. The Township shall deny a use and occupancy permit if the owner(s) has not demonstrated compliance with all of the provisions and standards of this section. Any such use and occupancy permit issued may be suspended or revoked by the Township where the Township finds that the owner(s) failed to comply with any of the provisions or standards of this section or with the provisions of any other applicable ordinance or law.

Purpose. The purpose of this section is to allow for Brewery Pubs, Microbreweries and Limited Distilleries, as defined in § 84-8, as permitted uses within the Township's C-2, C-4, I-1, I-2 and I-3 Zoning Districts subject to the regulations in this Section.

Standards for brewery pubs and microbreweries.

Standards for limited distilleries.

Purpose. The purpose of this section is to allow for the sale of consumer fireworks, as defined in § 84-8, as a use permitted by conditional use in the MPD District, subject to the regulations in this section.

Standards for the sale of consumer fireworks. Sales of consumer fireworks from either a permanent facility or temporary structure are subject to compliance with the general provisions regarding conditional uses contained in §§ 84-74 and 84-75 of this chapter as well as all the following specific regulations with respect to such use: