West Manchester Township, PA Zoning Ordinance

The minimum lot area shall be two acres.

The minimum lot width shall be 200 feet.

All houses of worship shall have vehicular access to an arterial or collector highway as identified in the Township Comprehensive Plan.

The side yard setback shall be 50 feet on each side.

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

Church-related residences (rectories and convents).

All residential uses shall be accessory and located upon the same lot or directly adjacent to a lot containing a house of worship.

All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the underlying zone. In any nonresidential zones, such residences shall be set back 75 feet from the street right-of-way line and 30 feet from all other property lines.

Church-related educational or day-care facilities.

All educational or day-care uses shall be accessory and located upon the same lot as a house of worship.

If education or day care is offered below the college level, an outdoor play area shall be provided at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).

"Enrollment" shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.

Passenger dropoff and pickup areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.

All educational or day-care uses shall be governed by the location, height and bulk standards imposed upon principal uses within the underlying zone.

Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the proposed use, one off-street parking space shall be provided for each six students enrolled below grade 10, and/or one off-street parking space for each three students, grades 10 and above.

§ 150-320 Private clubs.

Standards that apply to private clubs are as follows:

The subject property shall front on an arterial or collector road as identified in Appendix 1.[1]

[Amended 6-28-2001 by Ord. No. 01-03]

Editor's Note: Appendix 1 is included at the end of this chapter.

All off-street parking shall be provided between the front face of the building and a point 25 feet from the right-of-way line of adjoining road(s). Parking compounds will also be set back 30 feet from any adjoining residential lot lines.

All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.

Screening shall be provided along any adjoining residentially zoned property.

§ 150-321 Commercial day-care facilities.

Standards that apply to commercial day-care facilities are as follows:

An outdoor play area shall be provided at a rate of 100 square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) and/or pavilion(s).

"Enrollment" shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.

Passenger dropoff and pickup areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.

One off-street parking space shall be provided for each six students enrolled.

§ 150-322 (Reserved) [1]

Editor's Note: Former § 150-322, Commercial recreation facilities, was repealed 6-28-2001 by Ord. No. 01-03.

§ 150-322.1 Communications antenna and communications equipment building.

[Added 4-9-1998 by Ord. No. 98-06]

Standards that apply to communications antenna and communications equipment building are as follows:

To ensure the structural integrity of a communications antenna, the owner of a communications antenna shall ensure that it is maintained in compliance with standards contained in applicable standards for such antennas, as amended from time to time. Owners of a communications antenna shall conduct periodic inspections of the antenna at least once every year to ensure structural integrity. Inspections shall be conducted by a qualified independent engineer licensed to practice in the Commonwealth of Pennsylvania. The results of such inspection shall be provided to the Township.

The communications antenna must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate a communications antenna. If such standards and regulations are changed, then the owners of the communications antenna governed by this chapter shall bring the communications antenna into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.

Owners of a communications antenna shall provide documentation showing that the communications antenna is in compliance with all applicable federal and state requirements. Evidence of compliance must be submitted to the Township every 12 months.

Each communications antenna shall be equipped with an appropriate anticlimbing device or other similar protective device to prevent unauthorized access to the communications antenna.

When an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Roof-mounted antennas shall be made visually unobtrusive by screening to match existing air-conditioning units, stairs, elevator towers or other background.

Where feasible, a communications antenna shall be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

A communications antenna shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the Township or by any state or federal law or agency.

Any communications equipment building that supports a communications antenna must be concealed from public view or made compatible with the architecture of the surrounding structures or placed underground. A communications equipment building shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The communications equipment building must be regularly maintained.

Landscaping shall be used to effectively screen the view of the communications antenna and the communications equipment building from adjacent public ways, public property and residential property.

§ 150-322.2 Communications tower.

[Added 4-9-1998 by Ord. No. 98-06]

Standards that apply to a communications tower are as follows:

The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and a communications antenna.

The applicant shall demonstrate that the proposed communications tower and the communications antenna proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

A communications tower shall comply with all applicable Federal Aviation Administration and Commonwealth Bureau of Aviation Regulations.

(Reserved)[1]

Editor's Note: Former Subsection D, regarding the collocation of communications antennas, which immediately followed this subsection, was repealed 10-22-1998 by Ord. No. 98-12.

Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.

A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.

Recording of a plat of subdivision or land development shall be required for a lease parcel on which a communications tower is proposed to be constructed.

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.

The maximum height of any communications tower shall be 120 feet.

The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties. Screening shall comply with § 150-278 of this chapter.

The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.

The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association.

The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and a communications antenna.

All guy wires associated with a guyed communications tower shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.

No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction. A communications tower shall not be painted any color other than noncontrasting gray.

If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.

One off-street parking space shall be provided within the fenced area.

The applicant shall post security with the Township to ensure the removal of the communications tower at the end of its useful life. The security posted by the applicant shall be in an amount determined by the Township Engineer and shall be in the form approved by the Township Solicitor. A communications tower and communications antenna shall be removed within one year following the termination of the use.

The owner of the communications tower or communications antenna and the owner of the land shall notify West Manchester Township of any change in ownership of such structure or any change in the operator of the same. The owner of the structure and the land shall be responsible to provide such notice.

A communications tower must be set back from existing property lines a horizontal distance equal to its height.

The Board of Supervisors may deny any application to construct a communications tower if the applicant has not made a good-faith effort to obtain permission to mount a communications antenna on an existing building, structure or communications tower.

[Added 10-22-1998 by Ord. No. 98-12]

In order to reduce the number of communications towers in the community, a proposed communications tower shall be required to be constructed in a manner sufficient to accommodate at least three users in addition to the applicant, including other personal wireless service companies and local police, fire and ambulance companies.

[Added 10-22-1998 by Ord. No. 98-12]

§ 150-323 (Reserved) [1]

Editor's Note: Former § 150-323, Community recreation development, was repealed 2-23-2006 by Ord. No. 06-04.

§ 150-324 Drive-through and/or fast-food restaurants and caterers.

Standards that apply to drive-through and/or fast-food restaurants and caterers are as follows:

The subject property shall front on an arterial or collector road as identified in Appendix 1.[1]

Editor's Note: Appendix 1 is included at the end of this chapter.

Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter.

All drive-through window lanes shall be separated from the parking lot's interior driveways.

Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.

All exterior seating/play areas shall be completely enclosed by a three-foot-high fence.

No part of the subject property shall be located within 200 feet of any residentially zoned land.

For restaurants with drive-through windows, sufficient on-site stacking lanes shall be provided to prevent vehicle backups onto adjoining roads.

§ 150-325 Agriculturally related facilities.

Standards that apply to agriculturally related uses are as follows:

All activities and services should be directed at meeting the needs of those engaged in local farming. This use should not be construed to include the sales of agricultural products to nonfarmers nor those involved in wholesale distribution wholesale produce, tobacco and livestock sales and auctions are expressly prohibited.

All uses shall have vehicular access to an arterial or collector road as identified in the Township Comprehensive Plan.

Minimum lot size shall be one acre.

Maximum lot size shall be five acres.

No processing of agricultural products shall be permitted.

All structures shall be located at least 50 feet from all property lines.

Maximum lot coverage shall be 20%.

Sufficient vehicle stacking lanes shall be provided to prevent vehicle backups onto adjoining roads.

A minimum twenty-five-foot landscape strip shall be provided along all property lines.

All on-site vehicle areas shall contain a bituminous or concrete pavement surface.

Except for the outside storage of farm machinery, all outdoor storage shall be completely enclosed by a six-foot-high fence and screened from adjoining properties and roads. No outdoor storage is permitted within the required landscape strip.

All grain storage facilities, conveying apparatuses, drying chambers and axial ventilation fans shall be set back a minimum of 100 feet from all property lines.

All off-street parking, loading, landscaping and signage requirements are listed in Articles XXIV through XXVII, respectively.

§ 150-326 Farm occupations.

Standards that apply to farm occupations are as follows:

Only residents of the farm may be employed.

The use must be conducted within a wholly enclosed building.

Any outbuilding used for such farm occupation shall be located behind the principal residence on the site.

No outdoor storage of supplies, inventory or materials used in the farm occupation shall be permitted.

Only one farm occupation per lot is permitted.

Any activities that produce noxious dust, odor, light or noise perceptible at the property line are prohibited.

All off-street parking and loading areas shall be contained behind the principal residence.

The Zoning Hearing Board may attach additional conditions upon a farm occupation to preserve the agricultural character of the area and protect adjoining uses.

A farm occupation shall be clearly secondary to the principal agricultural use of the property.

§ 150-327 Funeral homes.

Standards that apply to funeral homes are as follows:

Public sewer and water facilities shall be utilized.

Sufficient off-street parking shall be provided to prevent traffic backups onto adjoining roads.

No vehicular access to the site shall be from an arterial road.

All funeral homes must provide at least 50 off-street parking spaces.

[Added 10-22-1992 by Ord. No. 92-15]

All funeral homes must provide a one-hundred-foot off-street stacking area for the formation of funeral processions on the site. No funeral processions will be allowed to form on public streets.

[Added 10-22-1992 by Ord. No. 92-15]

§ 150-328 Golf courses.

Golf courses, including accessory uses (e.g., clubhouses, parking lots, storage sheds, pro shops, snack bars, restaurants, swimming pools, etc.), shall be permitted subject to the following standards:

Minimum lot area shall be 60 acres.

No golf hole shall be arranged to require a golf ball to be driven over or across any building, road or parking lot.

Any points where the golf course crosses a road(s) shall be signed warning motorists and pedestrians, and the road shall contain speed bumps in accordance with § 150-258 of this chapter.

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

No outdoor storage of maintenance equipment or golf carts shall be permitted.

All golf course buildings shall be set back 75 feet from any adjoining roads and 100 feet from adjoining parcels.

All off-street parking shall be in accordance with Article XXIV of this chapter.

§ 150-329 Greenhouses and nurseries.

Standards that apply to greenhouses and nurseries are as follows:

All greenhouses and nurseries shall have vehicular access to an arterial or collector road as identified in the Township Comprehensive Plan.

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 structural improvements, including parking and loading facilities, but not including a freestanding sign, shall be screened from adjoining residentially zoned properties.

One freestanding or attached sign may be permitted advertising the business. Such sign shall not exceed 12 feet in size and must be set back at least 10 feet from all lot lines.

§ 150-330 Group homes. [1]

[Added 6-10-1993 by Ord. No. 93-07]

Standards that apply to group homes shall be as follows:

The premises shall be under responsible supervision at all times.

Each special exception application shall be accompanied by a statement describing the following:

The character of the facility.

The program's policies and goals and the means proposed to accomplish the goals.

The characteristics of the service population and number of residents to be served.

The operating methods and procedures to be used.

Any other aspects pertinent to the facility's program.

Any special exception granted for a group home shall be bound to the type of care extended to the indicated service population. Any change in the service population will require the obtainment of a new special exception.

The Zoning Hearing Board may require outdoor play/recreation areas to be completely enclosed by a six-foot-high fence. In addition, other conditions may also be imposed to protect the general welfare of the surrounding community.

Editor's Note: Former § 150-330, Group homes, was repealed 12-17-1992 by Ord. No. 92-18.

§ 150-331 Health and recreation clubs.

Within the I-1 Industrial Park Zone, health and recreation clubs are permitted by special exception, provided that the following criteria have been satisfied:

Minimum lot area shall be two acres.

Maximum lot area shall be five acres.

All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line and 25 feet from all other lot lines.

Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building.

All lighting of outdoor recreation areas shall be arranged to prevent glare onto adjoining properties and streets.

§ 150-332 Home improvement and building supply stores.

Standards that apply to home improvement and building supply stores are as follows:

All outdoor storage and display areas, exclusive of nursery and garden stock, shall be screened from adjoining roads and properties.

If the subject property contains more than two acres, it shall front along an arterial or collector road as identified in Appendix 1.[1]

Editor's Note: Appendix 1 is included at the end of this chapter.

§ 150-333 Hospitals.

Standards that apply to hospitals are as follows:

Minimum lot area shall be five acres.

Public sewer and water shall be used.

The subject property shall have frontage along an arterial or collector road as identified in Appendix 1.[1]

Editor's Note: Appendix 1 is included at the end of this chapter.

All buildings and structures shall be set back 50 feet from all property lines.

Where possible, emergency entrances shall be located on a building wall facing away from adjoining residentially zoned properties.

Notwithstanding anything contained in the Zoning Ordinance, the maximum height of a hospital in a Mixed Use (MU) Zone may be increased to 77 feet provided that the portion of the building exceeding the maximum height requirements of the zoning district are set back a minimum of 300 feet from: all public cartways existing as of the effective date of this subsection; and/or the boundaries of the Mixed Use (MU) District existing as of the effective date of this subsection. Further, the maximum height of a hospital within a Mixed Use (MU) Zone may be increased by an additional 15 feet, provided that the additional height shall be permitted only for the purpose of providing for a structure to enclose or house mechanical equipment.

[Added 5-22-2008 by Ord. No. 08-07]

§ 150-334 Hotels and related facilities.

[Amended 3-24-1988 by Ord. No. 88-02]

Standards that apply to hotels and related facilities are as follows:

Minimum lot area shall be as follows:

I-1 Zone: two acres.

RC Zone: five acres.

Maximum lot area shall be as follows:

I-1 Zone: five acres; provided, however, that a construction of convention facilities can increase this maximum lot area to 10 acres.

RC Zone: none specified.

The following accessory uses may be approved as part of the hotel and related facilities application:

Auditorium.

Barber and beauty shops.

Cocktail lounge or nightclub.

Gift shop.

Meeting facilities.

Recreational uses and swimming pools.

(7)

Restaurants.

(8)

Sauna, spa or steam room.

(9)

Solarium.

(10)

Valet shop.

(11)

Other similar retail sales and personal services.

The above accessory uses, aside from outdoor recreational uses, shall be physically attached to the main hotel building except as provided in Subsection F.

All hotels shall be separated by at least 1,000 feet from any other existing hotel facility, as measured from the nearest property line.

In the RC Zone, one freestanding restaurant, tavern or nightclub shall be permitted on the same lot as the principal hotel and related facilities, subject to the following:

The proposed restaurant, tavern or nightclub shall offer the preparation and serving of food and drink to be consumed on the premises; no drive-through or takeout services shall be permitted.

No additional freestanding signs, other than those permitted for the principal hotel and related facilities use, shall be permitted.

If a nightclub is proposed, the applicant shall furnish evidence as to what means assure that the proposed nightclub will not constitute a nuisance to adjoining uses, including the hotel, by way of noise, litter, loitering and hours of operation.

Sufficient off-street parking spaces shall be provided and located to conveniently serve the freestanding restaurant, tavern and/or nightclub without interfering with required off-street parking associated with the hotel and related facilities use.

§ 150-335 Junkyards.

Standards that apply to junkyards are as follows:

Minimum lot area shall be two acres.

The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot-high sight-tight fence and set back at least 100 feet from all property lines.

The storage of junk within a wholly enclosed building shall be set back at least 50 feet from all property lines.

No material may be stored or stacked so that it is visible from adjoining properties and roads.

All additional federal and state laws shall be satisfied.

§ 150-336 Kennels.

Standards that apply to kennels are as follows:

Minimum lot area shall be two acres;

All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or runways shall be located within the rear yard;

All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or runways shall be a minimum of 100 feet away from all property lines;

All outdoor running areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be a minimum of 10 feet from all property lines;

All animal wastes shall be regularly cleaned up and properly disposed of; and

The applicant shall demonstrate a working plan to prevent or alleviate any noise problems emanating from animals boarded on the site.

§ 150-337 Liquor (state) stores.

Standards that apply to liquor (state) stores are as follows:

No part of the subject property shall be located within 150 feet of any residentially zoned lands.

No part of the subject property shall be within 300 feet of any school, museum, library, playground, park, day-care facility or church property.

The applicant shall demonstrate a working plan for the cleanup of litter and the prevention of loitering on the subject property.

§ 150-338 Massage parlors.

Standards that apply to massage parlors are as follows:

A massage parlor shall not be permitted to be located within 1,000 feet, measured lot line to lot line, of an adult regulated facility.

A massage parlor shall not be located within 300 feet of any public or private school, public recreation facility, house of worship, day-care facility or any dwelling unit.

Parking shall be established at the minimum ratio of one parking space for each 100 square feet of gross floor area, plus an additional parking space for each employee.

§ 150-339 Medical residential campuses.

Standards that apply to medical residential campuses are as follows:

The campus shall primarily serve the needs of retirement-aged persons. At least one resident of each household shall be at least 50 years old or possess some handicap that can be treated within a setting like the medical residential campus.

The campus shall achieve a balanced residential/medical environment which cannot be achieved through the use of conventional zoning techniques.

Residences shall be functionally, physically and architecturally integrated with medical service and recreational activity centers.

Commercial, medical and recreational uses shall be grouped together and located near the population being served.

The minimum land area devoted to the campus shall be 10 contiguous acres.

The site shall front on and have access to a collector or arterial road as identified in Appendix 1.[1]

Editor's Note: Appendix 1 is included at the end of this chapter.

All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 75 feet from all adjoining residentially zoned land and 50 feet from all lot lines of the campus property.

The maximum permitted gross density is 12 dwelling units per acre, although net densities can exceed this gross density figure.

All buildings or structures used solely for residential purposes shall be set back at least 35 feet from all lot lines of the campus property.

The maximum permitted height is 60 feet, provided that an additional two feet of required building set back shall be provided for that portion of building height exceeding 35 feet.

No less than 40% of the subject property shall be devoted to green space (that portion of the site without an impervious surface).

Each off-street parking lot shall provide at least 33.3% of the total parking spaces as those designed for the physically handicapped. (See § 150-259 for additional regulations.)

Only those uses which appear on an approved site plan shall be permitted. Only those uses which provide a harmonious, balanced mix of medical, residential and limited commercial uses primarily serving campus residents and public, quasi-public and medical services for the off-campus retirement-aged community will be permitted. Uses may include but need not be limited to the following:

Dwelling, nursing homes and congregate living facilities for the elderly or physically handicapped.

Medical facilities, including offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities. Business signs in conjunction with approved medical facilities shall be permitted in accordance with those provisions pertaining to the PO Zone.

Commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of or visitors to the center. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area. Business signs in conjunction with retail commercial uses shall be permitted in accordance with the provisions of Article XXVII.

Recreational and social uses, such as athletic facilities, community centers and assembly halls, limited to use only by campus residents, employees or visitors.

§ 150-340 Neighborhood convenience stores.

A neighborhood convenience commercial center may be provided as part of a minimum five-hundred-dwelling-unit R-4 Zone development proposal. For each 500 units proposed, a minimum of one acre of neighborhood commercial uses, up to a maximum of two acres, may be constructed.

Prior to the construction of a neighborhood convenience store, the actual construction of 250 dwelling units, plus the road system serving the entire 500 dwelling units must occur.

[Amended 6-28-2001 by Ord. No. 01-03]

Such neighborhood convenience commercial uses shall be located at the intersection of an arterial or collector road and the primary entrance to the proposed R-4 Zone development. Direct vehicular access to the neighborhood convenience commercial center shall be limited to the street within the proposed residential development. Furthermore, any driveway into the neighborhood convenience commercial parking lot shall be set back a minimum of 100 feet from the arterial or collector street right-of-way line along the site's frontage.

The proposed neighborhood convenience commercial center shall be designed, oriented and constructed to serve the daily needs of the R-4 Zone development residents. No automobile-related uses, arcade or adult-related uses shall be permitted.

The proposed neighborhood convenience commercial center shall be integrated with the R-4 Zone development and will be linked by safe and convenient pedestrian walkways.

No neighborhood convenience commercial center shall be located within 1,000 feet of another neighborhood convenience commercial center.

Such commercial center shall be set back a minimum of 100 feet and screened from adjoining residences.

No outdoor storage shall be permitted. Dumpsters shall be enclosed by a six-foot-high sight-tight fence.

One freestanding sign for the entire neighborhood convenience commercial center shall be permitted along the R-4 Zone development's street, not along the site's frontage. Such sign shall be no larger than 32 square feet and will be set back at least 75 feet from the arterial or collector street right-of-way along the site's frontage. In addition, the sign shall be set back at least 10 feet from any other street right-of-way and 100 feet from any residence.

All other design standards prescribed in Local Commercial Zone (LC) shall apply to the proposed neighborhood convenience store(s).

§ 150-341 Nightclubs.

Standards that apply to nightclubs are as follows:

No part of the subject property shall be located within 300 feet of any residentially zoned lands.

The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties owing to hours of operation, light and/or litter.

The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the building.

A working plan for the cleanup of litter shall be furnished and implemented by the applicant.

§ 150-342 Noncommercial keeping of livestock.

Standards that apply to the noncommercial keeping of livestock are as follows:

Minimum lot area shall be as follows:

Three acres; additionally, the following list specifies additional area requirements by size of animals kept:

(a)

Group 1: Animals whose average adult weight is less than 10 pounds shall be permitted at an animal density of four per acre, with a maximum number of 20 animals.

(b)

Group 2: Animals whose average adult weight is between 10 and 65 pounds shall be permitted at an animal density of two per acre, with a maximum number of 20 animals.

(c)

Group 3: Animals whose average adult weight is greater than 65 pounds shall be permitted at an animal density of one per acre, with a maximum number of 10 animals.

The keeping of a combination of animal types (Groups 1, 2 and 3) shall require an animal density equal to the ratio of the numbers of animals, by type. In no case shall a lot contain more than 20 total animals. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply.

The following lists minimum setbacks imposed upon the placement of any structure used to house noncommercial livestock:

Group 1 animals: 100 feet from any property line.

Group 2 animals: 150 feet from any property line.

Group 3 animals: 200 feet from any property line.

All structures used to house noncommercial livestock shall be prohibited from placement in the front yard.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be set back a minimum of 10 feet from all property lines.

All animal wastes shall be properly stored and disposed of so as to not be objectionable at the site's property line.

§ 150-343 Nursing, rest or retirement homes.

Standards that apply to nursing, rest or retirement homes are as follows:

Minimum lot area shall be two acres.

Public sewer and water facilities shall be used.

Off-street parking lots and loading areas shall be screened from adjoining residentially zoned lands.

§ 150-344 Processing of farm products.

Standards that apply to the processing of farm products are as follows:

The processing facility is located on the same lot and accessory to the principal agricultural use of the site.

A majority of the materials to be processed have been grown or raised on the subject property; the remainder of materials have been grown or raised within the Township.

No butchering, slaughtering or rendering uses shall be permitted.

No retail sales of the products shall be permitted.

All processing activities shall be conducted within a wholly enclosed building which is located behind the principal residence building setback line.

No noxious odor, dust, glare, vibration or noise shall be perceptible at the property line.

All off-street parking and loading areas shall be contained behind the principal residence.

All employees shall reside on the subject property.

§ 150-345 Public buildings, including firehouses.

Standards that apply to public buildings, including firehouses, are as follows:

All height, area, setback and coverage standards within the underlying zone shall apply.

All off-street parking shall be 10 feet from adjoining property lines.

Outdoor storage of materials shall be prohibited within residential zones. Outdoor storage in other zones shall be completely enclosed within a six-foot-high fence and screened from adjoining streets and properties.

The storage of maintenance vehicles and related apparatuses shall be within wholly enclosed buildings.

§ 150-346 Public utilities.

Standards that apply to public utilities are as follows:

If located within a residential, open space or agricultural zone, the applicant must demonstrate that the selected location is necessary for public service and convenience and the use cannot be supplied with equal effectiveness, if located elsewhere.

If located within a residential zone, all buildings and structures shall be designed, to the extent possible, to have the exterior appearance of a residence.

In any residential zone, the outdoor storage of vehicles or equipment used in the maintenance of a utility shall not be permitted; in nonresidential zones, all outdoor storage shall be screened from adjoining roads and properties.

There shall be no specified minimum lot size; however, each lot shall provide front, side, and rear yard setbacks and comply with the maximum lot coverage requirements as prescribed in the underlying zone.

All structures shall be set back a distance at least equal to the height of the structure from all adjoining property lines.

The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the subject property.

All site improvement shall be screened from all adjoining residentially zoned properties.

§ 150-347 Recycling of paper, glass and metal products.

Standards that apply to the recycling of paper, glass and metal products are as follows:

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

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

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

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

§ 150-348 Restaurants and taverns.

Standards that apply to restaurants and taverns are as follows:

The proposed restaurant shall offer the preparation and serving of food and drink to be consumed on the premises. No drive-through or takeout services shall be permitted.

Minimum lot area shall be one acre.

No restaurant shall be within 500 feet of another restaurant, except one accessory to a hotel, within the I-1 Industrial Park Zone.

§ 150-349 Riding schools and horse boarding stables.

Standards that apply to riding schools or horse boarding stables are as follows:

Minimum lot area shall be 10 acres.

Any structure used for the boarding of horses shall be set back at least 200 feet from any property line.

All stables shall be maintained so as to minimize odors perceptible at the property line.

All outdoor training or show facilities or areas shall be set back 100 feet from all property lines.

All outdoor training, show, riding, boarding or pasture area shall be enclosed by a minimum of four-foot-high fence which will be located at least 10 feet from all property lines.

All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking or movement of vehicles across neighboring properties.

§ 150-350 Shopping centers in Highway Commercial Zone.

Standards that apply to shopping centers in the Highway Commercial Zone are as follows:

The subject property shall front on an arterial or collector road as identified in Appendix 1 of this chapter.[1]

Editor's Note: Appendix 1 is included at the end of this chapter.

The minimum lot size shall be one acre.

The minimum lot width shall be 200 feet.

A minimum of 5.5 off-street parking spaces shall be provided for each 1,000 square feet of gross leasable floor area. This parking requirement is also subject to the permitted reduction described in § 150-261 of this chapter.

§ 150-351 Shopping centers or malls on two or more contiguous lots.

[Amended 1-28-2016 by Ord. No. 16-01; 6-22-2017 by Ord. No. 17-06]

The design of an integrated shopping center on multiple parcels may be accomplished without meeting the side, front or rear yard setback requirements imposed between adjoining lots within the shopping center; provided that the lots around the perimeter of the shopping center shall meet all of the side, front, or rear yard setback requirements imposed by the underlying district in relation to lots and streets outside of the shopping center.

A multiple-parcel shopping center or mall can be developed providing common access, and off-street parking, stormwater management, or other similar common facilities, provided that all such common facilities will be made available so long as the use exists. Should the use of the common facilities be eliminated, each property would be required to comply with all applicable requirements. At the time of any proposed land development or subdivision of a shopping center containing multiple lots, each of the lots forming part of the shopping center shall be made subject to reciprocal easements and covenants related to the common access, off-street parking, stormwater management, or other similar common facilities.

§ 150-352 Solid waste disposal and processing facilities.

Standards that apply to solid waste disposal and processing facilities are as follows:

Any processing of solid waste, including but not limited to incineration, composting, shredding, compaction, material separation, refuse-derived fuel, pyrolysis, etc., shall be conducted within a wholly enclosed building.

No refuse shall be deposited or stored and no building or structure shall be located within 200 feet of any property line and 500 feet of any land within a residential zone.

Any area used for the unloading, transfer, storage, processing, incineration or deposition of refuse must be completely screened from ground-level view at the property line. (The use of an earthen berm is encouraged where practicable.) 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 from all roads and adjoining properties.

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 driveways onto the site shall be paved for a distance for at least 200 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

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 positive means designed to deny access to the area at unauthorized times or locations.

Hazardous waste, as described by the Department of Environmental Resources, shall not be disposed of within the proposed use.

Litter control shall be exercised to prevent the scattering of windblown debris, and a working plan for the cleanup of litter shall be submitted to the Township.

The unloading, processing, transfer and deposition of solid waste shall be continuously supervised by a qualified facility operator.

Any waste that cannot be used in any disposal process or material that is to be recycled shall be stored in leak- and vectorproof containers. Such containers shall be designed to prevent their being carried by wind or water. The containers are subject to the setbacks listed in § 150-352B of this chapter.

All storage of solid waste shall be indoors in a manner that is leak- and vectorproof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation but, in no event, for more than 72 hours.

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

Leachate from the solid waste shall be disposed of in 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 Environment Resources' regulations.

All structures shall be set back at least a distance equal to their height.

Water system.

The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.

In addition, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility study shall be reviewed by the Municipal Engineer.

A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the municipality.

A water feasibility study shall include the following information:

(a)

Calculations of the projected water needs.

(b)

A geologic map of the area with a radius of at least one mile from the site.

(c)

The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells.

(d)

The location of all existing on-lot sewage disposal systems within 1,000 feet of the site.

(e)

The location of all streams within 1,000 feet of the site and all known point sources of pollution.

(f)

Based on the geologic formation(s) underlying the site, the long-term safe yield.

(g)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells and streams and the groundwater table.

(h)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on 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 ensure safe turning movements to and from the site and safe through movement on the existing road.

A minimum one-hundred-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.

§ 150-353 Truck or motor freight terminals.

Standards that apply to truck or motor freight terminals are as follows:

Access shall be via an arterial road as identified by Appendix 1.[1]

Editor's Note: Appendix 1 is included at the end of this chapter.

The applicant shall furnish a traffic study based upon the expected number of vehicle trips generated from the proposed use and the current traffic volumes on roads connecting the site with the United States Route 30. Such study should identify any resulting traffic congestion or safety problems, along with possible mitigation measures.

In the I-2 Zone, the area of the parcel designated for such uses shall be limited to four acres in size.

[Amended 6-28-2001 by Ord. No. 01-03]

§ 150-354 Two-family conversions.

Within the LC Zone, a detached single-family dwelling may be converted into two dwelling units subject to the following:

Minimum lot area shall be 8,000 square feet.

Public sewer and water facilities shall be used.

No modifications to the external appearance of the building, except fire escapes, which would alter its residential character shall be permitted.

All floors above grade shall have direct means of escape to ground level.[1]

Editor's Note: Former Subsection E, which immediately followed and which required four off-street parking spaces, was repealed 6-28-2001 by Ord. No. 01-03.

§ 150-355 Vocational and mechanical trade schools.

Standards that apply to vocational and mechanical trade schools are as follows:

Any maintenance, repair, rebuilding, testing or construction of mechanical devices shall be conducted within a wholly enclosed building.

No outdoor storage shall be permitted.

§ 150-356 Mini-warehousing.

[Added 8-24-1989 by Ord. No. 89-09]

Standards that apply to mini-warehousing are as follows:

Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only and at least 30 feet wide when cubicles open onto both sides of the lane.

Required parking spaces may not be rented as or used for vehicular storage. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially zoned land and adjoining roads and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles.

All storage shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.

It shall be prohibited to store gasoline, diesel fuel, paint, paint remover and other flammable materials. Also the repair, construction or reconstruction of any boat, engine, motor vehicle or furniture is prohibited.

No door openings for any mini-warehouse unit shall be constructed facing any residentially zoned property.

Mini-warehouses shall be used solely for the dead storage of property. The following uses are expressly prohibited:

Auctions, commercial wholesale or retail sales, including garage sales.

The servicing, repair or fabrication of any item.

The operation of power tools or spray painting equipment.

The establishment of a transfer business.

Any use that is noxious because of odors, dust, fumes or vibrations.

The applicant shall provide a contract which will be used to prohibit all such uses.

§ 150-357 Lot reductions; integrated developments on multiple lots.

Within the Professional Office Zone (PO), the minimum lot size and lot width may be reduced, subject to the following:

Minimum lot size shall be 15,000 square feet.

Minimum lot width shall be 90 feet.

All access drives shall be separated by 150 feet as measured at the street line and measured from the closest access drive edges. Access drives shall conform to the specifications set forth in the West Manchester Township Access Drive Ordinance, Ordinance No. 96-01, Chapter 42 of the Code of the Township of West Manchester.

[Amended 3-14-1996 by Ord. No. 96-08]

No setback shall apply along the common boundary of joint parking lots shared by adjoining lots.

Within the Regional Commercial Zone (RC), the design of an integrated development on multiple lots may be permitted subject to the following:

[Added 3-24-1988 by Ord. No. 88-02]

The total land area (tract) devoted to such integrated development shall not be less than five acres; however, no minimum lot size shall apply to lots contained within an approved integrated development.

All tracts shall be at least 300 feet wide.

All tracts shall be at least 300 feet deep.

While no setbacks are applied to interior lot lines within the tract, all of those setbacks listed in § 150-140 of this chapter shall apply along the peripheral boundaries of the tract.

No more than 60% of the tract area shall be covered by impervious surfaces.

No access drive shall be located within 25 feet of any side tract property line. Access drives shall conform to the specifications set forth in the West Manchester Township Access Drive Ordinance, Ordinance No. 96-01, Chapter 42 of the Code of the Township of West Manchester.

[Amended 3-14-1996 by Ord. No. 96-08]

(7)

Except as noted above, all other requirements contained within Article XVI shall apply to the proposed integrated development.

(8)

The integrated development shall make efficient use of common access drives, parking lots, off-street loading spaces and stormwater management facilities. In addition, the integrated development shall be designed with a planned appearance through the use of coordinated architecture, landscaping and signage throughout the total development.

(9)

All common facilities shall be made available to each lot within the tract for so long as the integrated development exists. Should use of these common facilities or any part thereof be eliminated, each lot shall meet the requirements of this chapter.

§ 150-357.1 Development in OSR Zones.

[Added 6-27-1991 by Ord. No. 91-03]

Regulations for single-family detached dwellings or developments in the OSR-1, OSR-2 and OSR-3 Zones shall be as follows:

The parcel cannot be developed using the open space development concept due to topography narrowness or some other limiting physical factor.

The partial development of the parcel by conventional development will not significantly impair the future use of the property as an open space development.

The general welfare of the Township and adjacent properties would be better served by conventional development.

If the conditional use is granted by the Board of Supervisors, development must adhere to the following:

For OSR-1 Zones, standards for development shall be as in § 150-228.5.

For OSR-2 Zones, standards for development shall be as in § 150-228.11.

For OSR-3 Zones, standards for development shall be as in § 150-228.17.

§ 150-357.2 Club warehouse stores.

[Added 12-19-1993 by Ord. No. 93-15]

Standards that apply to club warehouse stores are as follows:

The subject property shall abut an arterial road and have direct access to an arterial road or to an access road connecting with an arterial road. Arterial roads are identified in Appendix 1 of this chapter.

The minimum lot size shall be 10 acres.

The minimum lot width shall be 500 feet.

§ 150-357.3 Methadone treatment facility.

[Added 6-28-2001 by Ord. No. 01-03]

Standards that apply to methadone treatment facilities are as follows:

The facility must be licensed by the Commonwealth of Pennsylvania.

A methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house, or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

Notwithstanding Subsection B, a methadone treatment facility may be established closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house, or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the governing body for the municipality votes in favor of the issuance of a certificate of use and occupancy for said facility at such a location.

At least 14 days prior to the governing body voting on whether to approve the issuance of a certificate of use and occupancy for a methadone treatment facility at a location that is closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house, or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held following public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearing at least 30 days prior to said public hearing occurring.

§ 150-357.4 Solar energy farm.

[Added 3-28-2019 by Ord. No. 19-01]

No person shall install or construct a solar energy farm without first obtaining approval pursuant to the plan review procedures of Chapter 121, Subdivision and Land Development.

The design and installation of solar energy units shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters' Laboratories (UL), the American Society for Testing and Materials (ASTM), and other similar certifying organizations, and shall comply with applicable construction and building codes, fire and life safety requirements, floodplain management and stormwater management.

All on-site utility transmission lines and plumbing shall be placed underground to the greatest extent feasible.

If applicable, the facility owner shall provide to the Township a copy of the agreement between the landowner of the real property on which the solar energy farm is to be located and the facility owner, demonstrating that the facility owner has permission of the landowner to apply for necessary permits or approvals for construction and operation of the solar energy farm .

Solar energy farms that are connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.

Signage shall comply with the prevailing sign regulations.

Solar panels shall be located to minimize glare on adjacent properties or streets. The Township may require reasonable corrective actions after installation of the solar energy farm to eliminate glare to adjacent residences or streets which causes a risk to public health or safety.

Solar energy farms shall meet the minimum lot size requirements of the applicable zoning district. Solar energy farms in the Agricultural Zone may exceed five acres. A solar energy farm in the Agricultural Zone shall be designed to use primarily low-growing vegetative surfaces under the solar energy units as a best management practice for stormwater management and shall be configured to minimize disturbance of prime agricultural soils.

All ground mounted solar energy units shall be constructed and maintained at the following minimum standards:

[Amended 12-19-2024 by Ord. No. 24-07]

All ground-mounted solar energy units shall be completely enclosed by fencing that consists of a minimum six-foot-high fence with a locking gate. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the solar energy farm informing individuals of potential voltage hazards. Fencing shall be allowed in the front, rear and side yards of a lot and shall be set back a minimum of 15 feet from all property lines or from any adjoining street right-of-way line. Ground-mounted solar energy units and any accessory structures or buildings shall be placed anywhere within the fenced area.

Screening shall be installed around the entire perimeter of the solar energy farm, except where the Board of Supervisors determines that the retention of existing trees may constitute the required vegetative screening or where the Board of Supervisors determines that the solar energy farm cannot be viewed from a public roadway or residential property. The screening shall be installed along the exterior side of the fencing. The screening shall consist of at least two rows of staggered vegetative plantings so as to fill in screening "gaps." Screening shall be placed at a distance sufficient to permit growth of the vegetation to its maximum expected size. The vegetation shall be evergreen trees that are native to the area. The minimum size of evergreen trees shall be six feet at the time of planting. The density and placement of vegetation must conform to the screening requirements list contained in § 150-278C of the West Manchester Township Zoning Ordinance.

Ground-mounted solar energy units shall comply with the building height restrictions for principal buildings of the applicable zoning district.

The following components of a solar energy farm shall be considered impervious coverage and shall be included as part of the impervious coverage limitations for the underlying zoning district:

Foundation systems for solar energy units, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

Any impervious foundations installed for accessory mechanical equipment of the solar energy farm, including any foundation structure to hold batteries or storage cells.

Gravel or paved access roads and parking areas servicing the solar energy farm.

The applicant shall demonstrate compliance with the West Manchester Township Stormwater Management Ordinance.[1] Solar energy farm facility owners are encouraged to use low-maintenance and/or low-growing vegetative surfaces under the system as a best management practice for stormwater management.

Editor's Note: See Ch. 113, Stormwater Management.

The continuation of any agricultural or residential use, to include but not be limited to grazing to control vegetation or other agricultural or ecological practices to make beneficial use of the land underneath the solar energy units or any land not dedicated to the solar energy farm, will be permitted as customarily incidental to and compatible with the solar energy farm use, and shall not be considered a second principal use.

Access drives are required to allow for maintenance and emergency management vehicles. The minimum cartway width shall be no less than 12 feet. The solar energy farm shall provide one off-street parking space per 25 acres of developed solar energy farm up to a maximum of five spaces.

Decommissioning requirements.

If a solar energy farm remains nonfunctional or inoperative for a continuous period of one year, the facility shall be deemed to be abandoned and shall constitute a public nuisance, unless the facility owner demonstrates a good-faith intent to sell the facility. Within six months of abandonment, the facility owner shall remove the system, after a demolition permit has been obtained, in accordance with the following:

(a)

Any aboveground mechanical equipment, wiring, and structural components shall be removed.

(b)

Underground wiring and structural components shall be removed and the resulting void space filled.

When the equipment comprising the solar energy farm is removed, any disturbed earth as a result of the removal of the equipment shall be restored, graded and reseeded or immediately returned to another allowed use.

The facility owner shall submit an estimate for the total cost of decommissioning without regard to salvage value of the equipment (gross decommissioning cost), and also an estimate of the cost of decommissioning net of the salvage value of the equipment (net decommissioning cost) to the Township for review and approval prior to the first anniversary of the issuance of an occupancy permit for the solar energy farm and every fifth year thereafter. The facility owner shall post and maintain financial security in the amount of the net decommissioning costs; provided that at no point shall the financial security be less than 25% of the gross decommissioning costs. The financial security shall be in the form of a bank-issued letter of credit or cash escrow or other form of financial security approved by the Board. Cash escrow funds shall be held in an interest-bearing escrow account for the benefit of the facility owner.

If the facility owner fails to complete decommissioning within the required time period, then the landowner shall within six months complete decommissioning. The Township may draw on the financial security to reimburse the landowner for decommissioning costs upon the request of the landowner and submission of proof of costs in a form satisfactory to the Township.

If neither the facility owner nor the landowner complete decommissioning within the required periods, then the Township may take such measures as necessary to complete decommissioning. To the extent the Township incurs costs to rightfully perform any act in furtherance of decommissioning, it may draw on the financial security to pay for all costs and expenses. If the decommissioning costs and expenses are greater than the financial security, then the Township may charge the landowner and/or facility owner for the excess costs and expenses, including reasonable attorneys' fees for collection, and such amounts shall be a special assessment against the property and shall constitute a municipal lien on the property for the amount of the assessment plus an additional penalty of 10% of the assessment.