West Hempfield Township
City Zoning Code
City Zoning Code
ARTICLE 800
Performance Standards Procedures
§ 801.1 Performance standards procedures.
In regard to those uses which are subject to performance standards procedure, the following requirements shall also apply:
A.
An application for a zoning permit or a certificate of occupancy for a use subject to performance standards procedure shall include a plan of the proposed construction and a description of the proposed machinery, operations and products, and specifications of the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed in this article. The applicant shall also file with such plans and specifications an affidavit acknowledging his understanding of the applicable performance standards and stating his agreement to conform with same at all times. No applicant will be required to reveal any secret processes, and any information submitted will be treated as confidential except as otherwise provided by law. The Township may employ qualified experts to review such plan, description and specifications at the cost of the applicant.
B.
If, in the opinion of the Zoning Officer, a proposed use would create a fire hazard, emit smoke, odor, or dust, or would produce other results which would be obnoxious or detrimental to other properties, he/she shall refer the proposed use to the Zoning Hearing Board for approval as a special exception. The Zoning Hearing Board shall determine if any of these conditions would be created, and in such event the Zoning Hearing Board shall require assurances, by means of special design of the structure, or processing procedures or equipment, that the detrimental conditions will be eliminated. Upon submittal of these assurances, the Zoning Hearing Board shall direct the Zoning Officer to issue a permit for the proposed use. The Zoning Officer may require the posting of a sufficient bond, with corporate surety, or such other assurances that he/she may deem satisfactory to guarantee that such conditions will not be created, or if created will be eliminated.
C.
Any normal replacement or addition of equipment and machinery not affecting the operations or the degree or nature of dangerous and objectionable elements emitted shall not be considered a change in use.
D.
After occupancy, if there occurs continuous or frequent, even though intermittent, violations of the performance standards and other provisions for a period of five days, without bona fide and immediate corrective work, the Zoning Officer shall suspend or revoke the occupancy permit of the use, and the operation shall immediately cease until it is able to operate in accordance with these regulations at which time the occupancy permit shall be reinstated.
E.
The Zoning Officer shall investigate any alleged violations of performance standards, and if there are reasonable grounds to believe that a violation exists, the Zoning Officer may employ qualified experts to assist with his investigation.
F.
A copy of said findings shall be forwarded to the Township Supervisors. The services of any qualified experts employed by the Township to advise in establishing a violation shall be paid for by the violator, if it shall be determined that a violation is proved, and otherwise by the Township. No new certificate of occupancy shall be issued unless such charges have been paid to the Township.
§ 802.1 Legislative intent.
A.
The Board of Supervisors desires to provide standards for the operation of industrial uses within the Township in order to protect the health, safety and welfare of Township residents, workers at such establishments, and visitors to the Township. Public health and safety shall be maintained through control of noise, vibrations, dust and particulate emissions, sulfur oxides, smoke, odor, toxic matter, detonable materials, fire hazards, glare, heat, radioactive radiation, liquid or solid wastes, and electromagnetic radiation. These items can cause a serious danger to the public health and safety if they are not properly handled and limited. For example, excessive noise has been demonstrated to cause hearing loss, and air pollution has been proven to exacerbate respiratory difficulties. The dangers of fire are well known, and the control of substances which create a risk of fire is necessary.
B.
The Board of Supervisors also seeks to protect the public health and safety by imposing traffic and access control and landscaping and screening requirements. Traffic and access controls will lessen the possibility of vehicular accidents. Landscaping and screening will provide a barrier to the use and discourage trespassing. The limitation of outdoor storage serves a similar purpose.
C.
The Board of Supervisors also seeks to protect the public through the requirement of a plan of access in the event of emergency conditions. This will allow police, firefighters and rescue personnel to gain access to the premises in an efficient and safe manner in times of emergency.
§ 802.2 Enforcement.
A.
The industrial performance standards contained in this section shall be the minimum standards to be met and maintained by all industrial uses within the Township.
1.
Industrial uses shall be defined as those uses, regardless of location, which are specified as permitted uses or uses by special exception in any of the industrial districts established by this ordinance including uses of a similar nature not specifically identified in this ordinance but which would be permitted in an industrial district pursuant to § 101.7 herein.
B.
Industrial uses existing within the Township on the effective date of this section which do not currently meet and maintain the standards contained herein shall bring their operations into compliance within six months from the effective date of this section. It shall be the responsibility of the owner and/or operator of the industrial use to determine if the industrial use meets and maintains the standards set forth in this section.
C.
The owner and/or operator of any industrial use existing on the effective date of this section shall have the right to appeal a determination that the industrial use does not meet and maintain the industrial performance standards contained herein to the Zoning Hearing Board in accordance with Article 1000 herein.
D.
The owner and/or operator of any industrial use shall have the ability to apply to the Zoning Hearing Board for a variance from the industrial performance standards contained in this section. The Zoning Hearing Board shall consider such requests in accordance with Article 1000 herein and with Section 912 of the Act.
§ 802.3 Storage.
A.
All business, servicing, manufacturing or processing of materials, goods or products shall be conducted within completely enclosed buildings in the I-1 District. Storage may be permitted outdoors but shall not be visible from a public right-of-way. All organic rubbish or storage shall be in airtight, vermin-proof containers.
B.
In the I-2 District, any use is permitted either indoors or outdoors but in compliance with the applicable performance standards.
C.
In the I-2 District, all business, servicing, manufacturing or processing within 500 feet of a residential district boundary shall be conducted within completely enclosed buildings. All storage in an I-2 District within 500 feet of a residential district boundary may be outdoors but shall be effectively screened by a solid wall, fence, or planting so that the materials shall not be visible from the residential district.
§ 802.4 Certification.
All applications for industrial uses must be accompanied by a certification from a registered professional engineer in the Commonwealth of Pennsylvania that the proposed use can meet the performance standards of the appropriate district. Further, the Zoning Officer may employ consultants to evaluate the environmental effects with respect to performance standards.
§ 802.5 Noise.
A.
Noise shall be measured with a sound level meter having an A-weighted filter constructed in accordance with specifications of the American National Standards Institute (A.N.S.I.). Measurements are to be made at any point in residential or commercial districts as indicated in Table I following.
B.
Impact noise shall be measured using the fast response of the sound level meter. Impact noises are intermittent sounds such as from a punch press or drop forge hammer. Measurements are to be made at any point in residential or commercial districts as indicated in Table I.
C.
Between the hours of 7:00 p.m. and 7:00 a.m., the permissible sound levels in a residential district shall be reduced by five decibels for impact noises.
D.
The following sources of noise are exempt.
§ 802.6 I-1 Light Industrial and I-2 General Industrial Districts.
A.
The following Table I describes the maximum sound pressure level permitted from any industrial source and measured in any adjacent residential district, commercial district or I-1 light industrial lot.
B.
All industrial operations shall be limited by the following standards:
TABLE I | |||
|---|---|---|---|
Maximum sound pressure level in decibels - 0.002 dynes per square centimeter. | |||
Octave band in cycles per second | 7:00 a.m. to 7:00 p.m. | 7:00 p.m. to 7:00 a.m. | |
0 to 75 | 74 | 69 | |
75 to 150 | 59 | 54 | |
150 to 300 | 52 | 47 | |
300 to 600 | 46 | 41 | |
600 to 1,200 | 42 | 37 | |
1,200 to 2,400 | 39 | 34 | |
2,400 to 4,800 | 36 | 31 | |
Above 4,800 | 33 | 28 | |
1.
For any noise of an impulsive or periodic character the permissible limits for each octave band shall be reduced by five decibels.
2.
Sound levels shall be measured at the lot line with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association.
§ 802.7 Vibration.
A.
Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated below and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
B.
The maximum vibration is given as particular velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
P.V. = 6.28 FxD | |
P.V. - Particle velocity, inches per second | |
F = Vibration frequency, cycles per second | |
D = Single amplitude displacement of the vibration, inches |
1.
Table I designates the applicable columns of Table II that apply on or beyond adjacent lot lines within the zone, and on or beyond appropriate district boundaries. Vibration shall not exceed the maximum permitted particle velocities in Table II. Where more than one set of vibration levels apply, the most restrictive shall govern. Readings may be made at points of maximum vibration intensity.
TABLE I | ||||
|---|---|---|---|---|
Industrial Zone | Adjacent Lot Line | Commercial District Boundaries | Residential District Boundary | |
I-1 | C | B | A | |
I-2 | C | B | A | |
2.
The maximum peak particle velocities that correspond to the above designations are as follows:
TABLE II | ||||
|---|---|---|---|---|
Maximum Peak Particle Velocity-in/sec | ||||
Vibration | A | B | C | |
Steady state | 0.02 | 0.05 | 0.10 | |
Impact | 0.04 | 0.10 | 0.20 | |
C.
The maximum particle velocity shall be the maximum vector sum of three mutually perpendicular components recorded simultaneously. Particle velocity in inches multiplied by the frequency in cycles per second.
D.
For purposes of this ordinance, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations.
E.
Between the hours of 7:00 p.m. and 7:00 a.m., all of the permissible vibration levels indicated in the previous table for residential district boundaries (Column A) shall be reduced to 1/2 of the indicated values.
§ 802.8 Dust and Particulates.
A.
The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues or other opening or any process, operation, or activity within the boundaries of any lot shall not exceed the levels set forth below. Emissions of dust and particulates shall be in accordance with the State of Pennsylvania rules and regulations governing air contamination and air pollution, and, in case of conflict, the most restrictive shall apply.
B.
The emission rate of particulate matter in pounds per hour from any single stack shall be determined by selecting a continuous four-hour period which will result in the highest average emission rate.
C.
Particulate matter emission from materials or products subject to becoming windborne shall be kept to a minimum by paving, oiling, wetting, covering or other means, such as to render the surface wind-resistant. Such sources include vacant lots, unpaved roads, yards and storage piles of bulk material such as coal, sand, cinders, slag, sulfur, etc.
D.
Light Industrial District I-1. In the I-1 District, the maximum emission rate of dust and particulate matter from all stacks shall be 0.5 pounds per hour per acre of lot area.
E.
General Industrial District I-2. In the I-2 District, the maximum emission rate of particulate matter from all stacks shall be 3.0 pounds per hour per acre of lot area.
§ 802.9 Sulfur oxides.
A.
Emission of oxides of sulfur (as sulfur dioxide) from combustion and other process shall be limited in accordance with the requirement of each district. The oxides of sulfur may be computed from the sulfur analysis in the fuel or from known test data of sulfur oxides emission.
B.
Light Industrial District I-1. In the I-1 District, the maximum emission rate of oxides of sulfur from all stacks shall be 0.05 pounds per hour per acre of lot area.
C.
General Industrial District I-2. In the I-2 District, the maximum emission rate of sulfur oxides from all stacks shall be 1.5 pounds per hour per acre of lot area.
§ 802.10 Smoke.
A.
For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart as published by the United States Bureau of Mines shall be used. However, the Umbrascope readings of smoke may be used when correlated with Ringelmann's Chart.
B.
Light Industrial District I-1. In the I-1 District, the emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening, or combustion process is prohibited.
C.
General Industrial District I-2. In the I-2 District, the emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening, or combustion process, is prohibited; however, smoke of a shade not to exceed Ringelmann No. 3 is permitted for up to three minutes total in any one eight-hour period.
§ 802.11 Odor.
A.
Odor thresholds shall be measured in accordance with ASTM d1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)" or its equivalent.
B.
Light Industrial District I-1. In the I-1 District, odorous material released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation.
C.
General Industrial District I-2. In the I-2 District, odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line measured either at ground level or habitable elevation.
§ 802.12 Toxic matter.
A.
The ambient air quality standards for the State of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the State of Pennsylvania, the release of such materials shall be in accordance with the tractional quantities permitted below, of those toxic materials currently listed in the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any twenty-four-hour sampling period.
B.
Light Industrial District I-1. In the I-1 District the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value across lot lines.
C.
General Industrial District I-2. In the I-2 District, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value beyond the district boundary line.
§ 802.13 Detonable materials.
A.
Activities involving the storage, utilization or manufacture of products which decompose by detonation shall be in accordance with the regulations of each industrial district.
B.
Such materials shall include but are not limited to: all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable oxidizing agents such as perchloric acid, perchlorates, and hydrogen peroxide in concentration greater than 35%; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.
C.
Light Industrial District I-1. In the I-1 District, the storage, utilization or manufacture of materials or products which decompose by detonation is limited to five pounds.
D.
General Industrial District I-2. In the I-2 District, the storage, utilization or manufacture of materials or products which decompose by detonation is limited to five pounds. Quantities in excess of five pounds of such materials may be stored or utilized but not manufactured.
§ 802.14 Fire hazard solids.
A.
Light Industrial District I-1. In the I-1 District, the storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within spaces having fire-resistive construction of no less than two hours and protected with an automatic fire extinguishing system.
B.
General Industrial District I-2. In the I-2 District, the storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within walls having a fire resistance no less than two hours or protected by an automatic fire extinguishing system or the building wall shall be no less than 50 feet from all lot lines. The outdoor storage of such materials shall be permitted no closer than 100 feet from all lot lines.
§ 802.15 Fire hazard liquids and gases.
A.
The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted only in accordance with this section, exclusive of the storage of finished products in original sealed containers (60 gallons or less), which shall be unrestricted.
B.
The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted in the following table for each of the industrial districts.
Table of Storage Capacity of Flammable Liquids and Gases | ||||
|---|---|---|---|---|
Zoning District | Liquids | Gases | ||
Aboveground Flash Point (°F) | Aboveground | |||
Less than 70° | 70° - 200° | |||
I-1 | 5,000 gallons | 20,000 gallons | 150,000 SCF* | |
I-2 | 10,000 gallons | 40,000 gallons | 300,000 SCF | |
Below-Ground Flash Point (°F) | Below-Ground | |||
Less than 70° | 70° - 200° | |||
I-1 | 10,000 gallons | 40,000 gallons | 300,000 SCF | |
I-2 | 20,000 gallons | 80,000 gallons | 600,000 SCF | |
*SCF - Standard Cubic Feet at 60° F. and 29.92 inches Hg. |
§ 802.16 Glare and lighting standards.
A.
Glare. Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandles when measured in a residential district.
1.
Direct glare. "Direct glare" is defined for the purpose of this ordinance as illumination beyond the property lines caused by direct or specularly reflected rays from incandescent, fluorescent or arc lighting, or from such high temperature processes as welding or petroleum or metallurgical refining. No such direct glare shall be permitted with the exceptions that parking areas and walkways may be illuminated by luminaries meeting the standards of Subsection B below.
2.
Indirect glare. "Indirect glare" is defined for the purpose of this ordinance as illumination beyond the property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. Indirect glare shall not exceed a maximum of 0.3 footcandles and an average of 0.1 footcandles. Deliberately induced sky-reflected glare, such as by casting a beam upward for advertising purposes, is prohibited.
B.
Luminaries. All luminaries for parking areas, walkways, and similar purposes shall be so hooded or shielded so that the maximum angle or the cone of direct illumination shall be 60° drawn perpendicular to the ground, with the exception that such angle may be increased to 90° if the luminary is less than four feet above the ground. No luminary may be placed more than 22 feet above the ground, and the maximum illumination at ground level shall not exceed three footcandles.
§ 802.17 Heat.
For the purposes of this ordinance, "heat" is defined as thermal energy of a radioactive, conductive, or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 10° F.; whether such change be in the air or in the ground, in a natural stream or lake, or in any structure on such adjacent property.
§ 802.18 Radioactive radiation.
No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes, shall be in conformance with the regulations of the Nuclear Regulatory Commission as set forth in Title 10, Chapter One, Part 20, Standards for Protection Against Radiation, as amended; and all applicable regulations of the State of Pennsylvania.
§ 802.19 Liquid or solid wastes.
No discharge shall be permitted at any point into any sewage disposal system, or watercourse, or lake, or into the ground, except in accord with standards approved by the Department of Environmental Resources or other regulating department or agency, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.
§ 802.20 Electromagnetic radiation.
It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, for any other use directly or indirectly associated with these purposes which does not comply with the then-current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies and government-owned plants, the regulations of the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission or the Interdepartment Radio Advisory Committee regulations shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electronic Industries Association. In case of any inflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply: 1) American Institute of Electrical Engineers, 2) Institute of Radio Engineers, and 3) Electronic Industries Association.
§ 802.21 Screening.
A.
A completely planted visual barrier of landscape screen shall be provided and maintained between any commercial or industrial use and contiguous properties which are residentially zoned or which are used for residential purposes except where natural or physical man-made barriers exist. This screen shall be composed of plants and trees arranged to form both a low-level and a high-level screen within a strip of land with a minimum width of 20 feet. The high-level screen shall consist of trees planted with specimens no younger than three years in age, and planted at intervals of not more than 10 feet. The low-level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low-level screen shall be placed in alternating rows to produce a more effective barrier. All plants which have been dead for six months shall be replaced.
B.
Any existing commercial or industrial use shall not be required to comply with the screening requirements except in case of enlargement or major alteration of same.
C.
The screen planting shall be permanently maintained.
D.
Outdoor activities and equipment screening. All outdoor industrial use operations, mechanical equipment and other function accessories of each building, such as elevator, penthouses, ventilation pipes, and ducts, water pressure tanks, heating, air conditioning, and power supply units should have an architectural building material screen or covering which is an integral part of the building envelope and/or which is harmonious with the building design.
§ 802.22 Landscaping.
A.
Any part or portion of a site in any district which is not used for building or other structures, loading, or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover. It shall be maintained to provide an attractive appearance and all nonsurviving plants shall be replaced promptly.
B.
Within any district other than the I-1 Light Industrial District or the I-2 General Industrial District, no less than 5% of any parking area providing more than five off-street spaces shall be landscaped and continually maintained. Within the I-1 Light Industrial District and the I-2 General Industrial District, no less than 3% of any parking area providing more than five off-street parking spaces shall be landscaped and continually maintained. Planting along the perimeter of the parking area, whether for required screening or general beautification, will not be considered as part of the required parking area landscaping. In complying with the minimum parking area landscaping requirements, the planting beds must be distributed throughout the parking areas as evenly as possible.
§ 802.23 Access and traffic control.
A.
All accessways from any commercial or industrial development or residential land development, cluster development or resort facility to any public street or highway shall be located at least 200 feet from the intersection of any street lines and shall be designed in a manner conducive to safe ingress and egress.
B.
Where possible, exits shall be located on minor rather than major streets or highways. The developer shall be responsible for the construction of any necessary traffic control devices or additional acceleration lanes required in the case of egress onto the street.
§ 802.24 Interior drives and parking facilities.
A.
Interior drives within any commercial or industrial land development or cluster development shall be designed so as to prevent blockage of vehicles entering or leaving the site.
B.
Areas provided for loading and unloading of delivery trucks and other vehicles, and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size, and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
C.
Interior drives shall be clearly marked by adequate painting marking (curbing and signs) so that operations of vehicles intending to patronize such parking areas shall not duly impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them.
§ 802.25 Emergency plan of access.
A.
A written plan of access must be provided by the owner in the event of emergency conditions such as fire, assuming the worst condition. All existing uses shall have 12 months to comply with this requirement.
B.
The owner's plan of action for emergency access to the building shall be submitted to the Township at the time of submission for a permit.
§ 802.26 General standards.
A.
All industrial uses shall comply with the following:
1.
Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals, or vegetation. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property.
§ 803.1 General commercial design standards.
A.
Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of said carts which shall be clearly marked and designated for such storage.
B.
All multiple-use commercial centers under single ownership shall have only one freestanding advertising sign. Additional flat wall signs shall be allowed in accordance with the sign regulations of this ordinance.
C.
To the greatest extent possible, commercial buildings shall be designed to have 50% of the minimum required landscape area contained between the street right-of-way line and the building face.
§ 804.1 General standards.
The following restrictions shall apply in all districts in which agriculture is permitted.
A.
No farm building or any other outbuilding shall be constructed closer than 50 feet to any property line.
B.
All grazing or pasture areas shall be fenced.
C.
The construction or operation of a building for the cultivation of mushrooms shall be prohibited within the R-1, R-2 and R-3 Residential Districts.
D.
No slaughter area or manure storage shall be established closer than 100 feet to any property line.
E.
A lot for the raising, maintenance and/or breeding of livestock or poultry (excluding animals maintained as domestic pets in accordance with § 701.21 herein) shall not be less than five acres within the Rural Agricultural District and Rural Residential District, or less than 10 acres in the R-1, R-2 and R-3 Residential Districts.
F.
On lots of five or more acres but less than 10 acres in the Rural Agricultural District or Rural Residential District, not more than one head of livestock or 50 fowl shall be permitted for each acre or fraction thereof of lot area.
G.
Within the Rural Agricultural District or Rural Residential District, no structure used for the housing of livestock or poultry and no manure storage area or facility shall be located nearer than 100 feet to any property line. Within the R-1, R-2 and R-3 Residential Districts, no structure used for the housing of livestock or poultry and no manure storage area or facility shall be located nearer than 100 feet to any property line and 300 feet to any existing dwelling (other than the dwelling of the person operating the livestock or poultry facility), whichever distance is greater.
H.
All manure management practices and operations shall comply with the applicable regulations of the Pennsylvania Department of Agriculture and the Department of Environmental Protection.
§ 804.2 Horse boarding facilities.
All horse boarding facilities shall comply with the following regulations.
A.
Minimum lot area shall be 10 acres.
B.
Any structure for the boarding of horses shall be set back 200 feet from all property lines.
C.
All stables shall be maintained to minimize odors perceptible at the property line.
D.
All outdoor training and show facilities or arenas shall be set back 100 feet from all property lines.
E.
All outdoor training, show, riding, boarding, or pasture area shall be enclosed by a minimum four-foot-high fence.
§ 804.3 Kennels.
Where kennels are permitted, they shall comply with the following requirements:
A.
The maximum number of animals shall be determined by the Zoning Hearing Board in accordance with the area of the kennel, the type of animal to be housed by the kennel, the nature and character of the surrounding neighborhood and guidelines of recognized organizations concerned with the breeding of animals and the prevention of cruelty to animals. The applicant shall present evidence of such guidelines to the Zoning Hearing Board.
B.
All kennel pens and sales areas associated with kennels shall not be located closer than 100 feet from all property lines and street right-of-way lines except if owner of the prospective structure owns land on the other side of the road opposite the location of the proposed structure, such structure need only be set back from the street right-of-way line 50 feet.
C.
All kennel pens shall be located within an approved enclosed area.
§ 804.4 Small manure digesters.
[Added 8-3-2010 by Ord. No. 4-10]
Small manure digesters shall be permitted as accessory uses and/or accessory structures to agricultural and farm uses and shall be subject to the agricultural performance standards of Article 800 of this ordinance. The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Township prior to the issuance of a certificate of use and occupancy for the small manure digester. Off-grid systems shall be exempt from this requirement.