Township of Lehigh, PA Article V Specific Criteria

§ 180-54 Standards for special exception and conditional uses.

A. In addition to the general criteria listed in §§ 180-119C and 180-128, the following sets forth standards that shall be applied to each individual special exception or conditional use. These standards must be satisfied prior to approval of any application for a special exception or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for each special exception or conditional use specify different standards; in such cases, the specific special exception or conditional use standards shall apply.

B. For the purpose of this article, any required setbacks imposed upon special exceptions or conditional uses shall be measured from the boundary line of the site for which the special exception or conditional use is requested, regardless of whether or not this line corresponds to a property line or lease line.

C. For special exception or conditional use applications which require the filing of subdivision and/or land development plans under Chapter 147, Subdivision and Land Development, as amended, such special exception or conditional use application may be pursued concurrently with the review of the subdivision and/or land development plan. However, no preliminary approval of a subdivision and/or land development plan (for major subdivisions and/or land developments as defined in Chapter 147, Subdivision and Land Development) or final approval (for minor subdivisions as defined in Chapter 147, Subdivision and Land Development) shall be granted by the Board of Supervisors (regardless of whether such approval would be conditional) until the Zoning Hearing Board (for special exception uses) or Board of Supervisors (for conditional uses) has granted the requisite approval of the special exception or conditional use application.

§ 180-55 Accessory apartments.

Within the A/RR and VR Zones, accessory apartments are permitted by special exception, subject to the following criteria:

A. Only one accessory apartment shall be permitted and then only as an accessory use to a principal owner-occupied single-family detached dwelling;

B. An accessory apartment shall be contained within the principal building;

[Amended 6-14-2011 by Ord. No. 2011-1]

C. Regardless of the location of the accessory apartment, no accessory apartment shall comprise more than 40% of the habitable floor space contained within the principal building;

D. The applicant shall demonstrate that an approved means of sewage disposal and reliable water supply shall be used;

E. All units contained on floors above or below grade shall have a direct means of escape to ground level;

F. Any modifications to the external appearance of the building (except fire escapes) shall complement its residential character; and

G. One off-street parking space shall be provided in addition to those required by other uses on the property.

§ 180-56 Adult-related facilities.

Within the I Zone, adult-related facilities may be permitted by special exception, subject to the following criteria:

A. An adult-related facility shall not be permitted to be located within 1,000 feet of any other adult-related facility;

B. No adult-related facility shall be located within 600 feet of any residentially zoned land;

C. No adult-related facility shall be located within 600 feet of any parcel of land which contains any one or more of the following specified land uses:

(1) Amusement park;

(2) Camp (for minors' activities);

(3) Child-care facility;

(4) Church or other similar religious facility;

(5) Community center;

(6) Museum;

(7) Park;

(8) Playground;

(9) Residence;

(10) School; or

(11) Other lands where minors congregate;

D. The distance between any two adult-related facilities shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult-related facility and any land use specified above shall be measured in a straight line without regard to intervening structures, from the closest point on the exterior property line of the adult-related facility to the closest point on the property line of said land use;

E. No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure;

F. Any building or structure used and occupied as an adult-related facility shall be windowless, or have an opaque covering over all windows and doors of any area in which materials, merchandise, or film is exhibited or displayed, and no sale materials, merchandise, or film shall be visible from outside of the building or structure;

G. No sign shall be erected upon the premises pictorially depicting or giving the visual representation of the type of materials, merchandise, or film offered therein;

H. Each entrance to the premises shall be posted with a notice specifying that persons of the age of 17 years or younger are not permitted to enter therein and warning all other persons that they may be offended upon entry;

I. No adult-related facility may change to another adult-related facility, except upon approval of an additional conditional use;

J. The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate;

K. No unlawful sexual activity or conduct shall be permitted; and

L. No more than one adult-related facility may be located within any one building or shopping center.

§ 180-57 Airports/heliports.

Within the A/RR Zone, airports/heliports may be permitted by conditional use, subject to the following criteria:

A. Minimum lot area: 30 acres for airports and 10 acres for heliports;

B. All facilities shall be designed and operated in strict compliance with all applicable commonwealth and federal laws and regulations;

C. The applicant shall furnish evidence of having obtained a license from the Commonwealth of Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application; and

D. No part of the takeoff/landing strip and/or pad shall be located nearer than 500 feet to any property line.

§ 180-58 Amusement arcades.

Within the RC and GC Zones, amusement arcades may be permitted by special exception, subject to the following criteria:

A. All activities shall take place within a completely enclosed building;

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

C. A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, each accessory use (e.g., snack bar) shall also require parking to be provided in addition to that cited in the previous sentence and in accordance with the requirements of § 180-37 of this chapter; and

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

§ 180-59 Automobile filling stations.

Within the NC and GC Zones, automobile filling stations (including minor incidental repair) may be permitted by special exception, subject to the following criteria:

A. The subject property shall have a minimum width of 140 feet;

B. The subject property shall front on a public road with a classification higher than but not including local;

C. The subject property shall be set back at least 300 feet from any lot containing a school, day-care facility, park, playground, library, hospital, or nursing, rest, retirement or personal care facility;

D. The outdoor storage of motor vehicles (whether capable of movement or not) for more than one month is prohibited;

E. All structures (including air compressors, kiosks, and gasoline pump islands, but not permitted signs) shall be set back at least 30 feet from each street right-of-way line;

F. No outdoor storage of auto parts shall be permitted;

G. Access driveways shall be a minimum of 28 feet and a maximum of 35 feet wide and shall be separated from one another by at least 75 feet, if located along the same frontage, as measured from near edge to near edge;

H. All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residentially zoned properties; and

I. The applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations.

§ 180-60 Automobile sales.

Within the NC Zone, automobile sales are permitted as a special exception use, subject to the following criteria:

A. No vehicle or display shall occupy any part of the existing or future street right-or-way or required parking area.

B. The subject property shall have a minimum width of 140 feet.

C. All signs and lighting shall comply with the requirements of this chapter.

§ 180-61 Automobile/salvage facilities.

Within the I Zone, automobile/salvage facilities may be permitted by special exception, subject to the following criteria:

A. Minimum lot area: 10 acres;

B. The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot-high, sight-tight fence which shall be set back at least 50 feet from all property lines and 100 feet from residentially zoned properties and from all properties on which a residence exists;

C. The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth;

D. All buildings used to store junk shall be set back at least 50 feet from all property lines;

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

F. All federal and commonwealth laws and ordinances shall be complied with;

G. All junk shall be stored or arranged so as to permit access by fire-fighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet;

H. No material shall be burned at any time;

I. Any automobile/salvage facility shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to encourage the breeding or harboring of rats, flies, or other vectors; and

J. No automobile/salvage facility shall be located on land with a slope in excess of 5%.

§ 180-62 Bed-and-breakfasts.

[Amended 5-11-2021 by Ord. No. 2021-2]

A. Application requirements. Bed-and-breakfast license applications shall contain all of the following information:

(1) The name, address, telephone number and email address of the owner. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number.

(2) The name, address, and twenty-four-hour telephone number of the managing agency, agent or local contact person.

(3) Floor plans for the bed-and-breakfast, including habitable floor space and total number of bedrooms.

(4) If the building is a multiunit structure, the number of dwelling units and the number of dwelling units being used as a bed-and-breakfast.

(5) A site plan showing the location and number of on-site parking spaces shall be provided.

(6) If not on a central sewer system, the location, approximate age and capacity of the sewage disposal system.

(7) Copies of a current Northampton County Hotel Room Exercise Certificate and current Pennsylvania Sales Tax License.

(8) Signatures of both the owner and the local managing agent or local contact person.

(9) A copy of the current recorded deed for the property establishing ownership.

B. Licenses.

(1) A bed-and-breakfast rental license shall be issued only to the owner of the bed-and-breakfast.

(2) A separate bed-and-breakfast rental license is required for each single-family detached dwelling.

(3) The owner, by making application for a bed-and-breakfast rental license and/or accepting issuance of a bed-and-breakfast rental license, grants permission for any and all inspections authorized by § 180-96.1N of this chapter.

(4) The Township will prescribe forms and procedures for the processing of license applications under this chapter.

C. Fees, term, inspections, renewal of license and revocation.

(1) Bed-and-breakfast rental license fees, payable to the Township upon the filing of a bed-and-breakfast rental license application, shall be in such amount as may be established by resolution duly adopted by the Board of Supervisors.

(2) Any bed-and-breakfast rental license is good for a period not to exceed one year from the date of issuance and must be renewed annually, and also when any conditions of the bed-and-breakfast which are governed by this chapter are changed. Bed-and-breakfast license renewal fees, payable to the Township upon the filing of a bed-and-breakfast license renewal application, shall be in such amount as may be established by resolution duly adopted by the Board of Supervisors.

(3) Bed-and-breakfast license renewal shall require inspections outlined in Subsection C(5) below.

(4) Bed-and-breakfast license renewal applications shall contain information regarding any changes from the immediately preceding application with respect to matters governed by this chapter.

(5) Inspections required.

(a) All bed-and-breakfast rentals shall be subject to inspection by the Zoning Officer and the Building Code Officer to verify application information, license, license renewal and/or operating requirements.

(b) If there is reason to believe that any provision of this chapter is being violated, the Zoning Officer, upon 1/2 hour prior notice to the owner, may enter onto the premises for the purpose of inspection of any and all premises, properties, buildings and/or structures located at the premises in order to ascertain the existence of a violation(s). Said notice may be given by telephone call, voice message or email to the owner.

(c) In the event that a bed-and-breakfast owner receives two violation notices (relating to the specific criteria or regulations of this chapter), the Zoning Officer may terminate and revoke an existing license or deny a new license in accordance with the terms of this chapter (unless the owner appeals the violation and is found not guilty).

D. Bed-and-breakfast standards.

(1) Bed-and-breakfasts shall only be permitted within single-family detached dwellings that existed in the RC or NC Zoning Districts on the effective date of this chapter.

(2) Any modifications to the external appearance of the building (except fire escapes) shall complement its residential character;

(3) All floors above grade or below grade shall have a permanently affixed direct means of escape to ground level;

(4) A bed-and-breakfast may erect one sign no larger than 12 square feet in size, which must be set back 10 feet from all lot lines;

(5) Breakfast shall be offered only to registered overnight guests;

(6) The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used; and

(7) The applicant shall provide screening in accordance with applicable zoning criteria.

(8) Overnight occupancy of a bed-and-breakfast shall be limited to no more than two persons per bedroom plus two additional persons per dwelling unit up to a maximum of 10 total persons. The owner of the premises shall reside within the dwelling at all times.

(9) The maximum number of day guests allowed at any one time, in addition to the overnight occupants, shall be 75% of the maximum overnight occupancy of the bed-and-breakfast.

(10) The maximum number of rental bedrooms permitted for a bed-and-breakfast is five.

(11) Outdoor parking for overnight and day guests shall be limited to available parking areas on the bed-and-breakfast property. In no event shall parking for bed-and-breakfast rental guests include spaces in any private, community or public street right-of-way.

(12) All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets.

(13) Parking spaces shall be a minimum of nine feet in width by 18 feet in length with adequate aisle space to facilitate access and use.

(14) Any expansion of parking areas for a bed-and-breakfast requires prior Township approval. Parking areas shall be maintained in a mud-free condition with paving, stone or similar material and shall count as part of the maximum lot coverage limits as set forth in the Lehigh Township Code of Ordinances. Any new parking area should provide plant screening from residential neighbors and should not be in the front yard if an alternative parking location is available.

(15) A bed-and-breakfast shall provide two parking spaces for the dwelling and one parking space per rentable bedroom.

(16) The owner shall use best efforts to assure that the occupants or guests of the bed-and-breakfast do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate provisions of the Lehigh Township Code of Ordinances or any state law pertaining to noise or disorderly conduct, including, but not limited to, notifying the occupants of the rules regarding bed-and-breakfast rentals and responding when notified that occupants are violating laws, ordinances or regulations regarding their occupancy. Upon notification that a violation has occurred, the owner shall promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests.

(17) Overnight occupancy of recreational vehicles, camper trailers and tents at the property where the bed-and-breakfast rental is located is prohibited. Outdoor overnight sleeping of occupants or guests of the bed-and-breakfast rental is prohibited.

(18) All bed-and-breakfast rentals shall have a clearly visible and legible notice posted within the dwelling unit or adjacent to the front door containing the following information:

(a) The name of the owner of the unit and a telephone number at which the owner can be reached on a twenty-four-hour basis.

(b) The 911 address of the property.

(c) The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.

(d) The maximum number of all vehicles allowed to be parked on the property and the requirement that all guest parking must be on the property and not in or along any private, community or public street right-of-way.

(e) All setbacks shall comply with the setback requirements for the applicable zoning district.

(f) Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Lehigh Township Code of Ordinances, including parking and occupancy limits.

(g) Notification that bed-and-breakfast rental occupants and guests are required to make the dwelling unit available for inspection by the Zoning Officer upon request.

(19) All bed-and-breakfast rentals shall be equipped with the following:

(a) Smoke detectors in each bedroom;

(b) Smoke detectors outside each bedroom in common hallways;

(c) Smoke detectors on each floor;

(d) All smoke detectors must be hard wired;

(e) GFI outlets for outlets located within six feet of a water source;

(f) Aluminum or metal exhaust from dryer;

(g) Carbon monoxide detector, if open flame (oil or gas), furnace, gas or wood fireplace, or wood-burning stove;

(h) Carbon monoxide detector if garage is attached;

(i) Fire extinguisher in kitchen and one fire extinguisher on each floor and one in each bedroom;

(j) Stairs (indoor and outdoor) in good condition;

(k) Covers on all outlets;

(l) All bedrooms shall have a direct means of ingress and egress; and

(m) Any occupancy requirements which may be added by ordinance.

(20) If the dwelling is not connected to public sewage, all bed-and-breakfast rentals shall have a fully functional septic system which shall be pumped out once per year. Written verification is to be provided each year to the Zoning Officer.

(21) There shall be no visible signage in any public or private right-of-way.

§ 180-63 Billboards.

Within the I Zone, billboards may be permitted by special exception, subject to the following criteria:

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

B. All billboards shall be a minimum of 50 feet from all property lines;

C. All billboards shall be set back at least 100 feet from all land within a residential zone and all land upon which a residence exists;

D. No billboard shall obstruct the view of motorists on adjoining roads or the view of adjoining commercial or industrial uses which depend upon visibility for identification;

E. No billboard shall exceed an overall size of 300 square feet or exceed 25 feet in height; and

F. All properties upon which a billboard is erected shall be regularly maintained so as not to create a nuisance by means of weeds, litter, or vector habitation.

§ 180-64 Boardinghouses.

Within the VR Zone, boardinghouses are permitted by special exception as an accessory use to a single-family detached dwelling which serves as the residence of the proprietor of the boardinghouse, subject to the following criteria:

A. Minimum lot area: as specified for a single-family detached dwelling within the zone in which the boardinghouse use is proposed, plus 500 square feet per boarder;

B. The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used;

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

D. All floors above and/or below grade shall have a permanently affixed direct means of escape to ground level;

E. One off-street parking space shall be provided for visitors and one off-street parking space shall be provided for each room available for rent and each employee, in addition to the off-street parking spaces required for the dwelling unit;

F. One sign, not to exceed 12 square feet per face, shall be permitted; and

G. The applicant shall obtain land development approvals and approval from the Commonwealth of Pennsylvania Department of Labor and Industry.

§ 180-65 Campgrounds.

Within the A/RR Zone, campgrounds are permitted by special exception, subject to the following criteria:

A. Minimum lot area: 10 acres;

B. Setbacks. All campsites shall be located at least 100 feet from all public street lines and at least 50 feet from all other property lines;

C. Each campsite shall be at least 3,000 square feet in size, and either parking space for two automobiles shall be provided which will not interfere with the convenient and safe movement of traffic or equivalent parking shall be provided in a common parking area. A combination of parking in campsites and common parking areas shall be permitted; however, each campsite shall contain a parking space for at least one automobile;

D. An internal road system shall be provided. The design and construction standards for this road system shall comply with the requirements of Chapter 147, Subdivision and Land Development, for local streets, except that curbing and sidewalk shall not be required;

E. All outdoor play areas shall be set back at least 100 feet from all property lines and shall be screened from adjoining properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors;

F. All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from all property lines. Such facilities shall be screened from adjoining properties;

G. Any accessory commercial, retail or service uses shall be set back a minimum of 100 feet from all property lines. Such uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Parking spaces provided for these uses shall only have vehicular access from the campground's internal road system. Vehicular access from parking spaces to any public road is strictly prohibited. All accessory commercial, retail, or service uses and related parking shall be screened from adjoining properties;

H. All campgrounds containing more than 100 campsites shall have vehicular access only to an arterial or collector street;

I. A campground may construct one freestanding or attached sign containing no more than 32 square feet of area per face. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least 10 feet from any public street right-of-way line and at least 100 feet from any adjoining lot line;

J. A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. These facilities shall not be located within 100 feet of any property line. Responsibility for maintenance of the recreation area shall be with the landowner;

K. Every campground shall have an office for the person responsible for the campground operation. This office shall be open and staffed during all hours of campground operation;

L. All water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the Commonwealth of Pennsylvania Department of Environmental Protection; and

M. All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.

§ 180-66 Car washes.

Within the NC Zone, car washes are permitted by special exception, subject to the following criteria:

A. Traffic flow and ingress/egress shall not cause traffic hazards on adjacent streets;

B. Access points shall be limited to a maximum of two on each street abutting the lot;

C. On-lot traffic circulation channels and parking areas shall be clearly marked;

D. Signs and outdoor lighting shall be in accordance with this chapter;

E. Adequate provisions shall be made for the proper and convenient disposal of refuse;

F. Public sewer and public water facilities shall be utilized;

G. Water used in the operation shall be collected and recycled and shall not flow into any storm sewers;

H. Water from the car wash operation shall not flow onto sidewalks or streets, to prevent hazards from ice;

I. Any car wash that is located within 200 feet of an existing residence shall not operate between the hours of 10:00 p.m. and 7:00 a.m., prevailing time; and

J. Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

§ 180-67 Churches and related uses.

Within the A/RR and VR Zones, churches and related uses are permitted by special exception, subject to the following criteria:

A. House of worship.

(1) Minimum lot area: two acres;

(2) Minimum lot width: 200 feet;

(3) All houses of worship shall have vehicular access to a public street. This access should be to an arterial or collector street, where feasible;

(4) Side yard setback: 50 feet on each side; and

(5) All off-street parking areas shall be set back at least 25 feet from street right-of-way lines.

B. Church-related residences (e.g., rectories, convents, etc.).

(1) All residential uses shall be accessory to, and located on the same lot or a contiguous lot to, the lot containing the house of worship; and

(2) All residential uses shall be governed by the location, height, and bulk standards imposed upon other residences within the site's zone, except that any number of persons of a convent, rectory, and/or seminary may share group quarters.

C. Church-related educational or day-care facilities.

(1) All educational or day-care uses shall be accessory to, and located upon the same lot as, the house of worship;

(2) If education or day care is offered below the college level, an outdoor play area shall be provided, at the rate of 65 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 a minimum of 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjacent properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (e.g., poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as shade trees or pavilions;

(3) 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;

(4) Passenger drop-off areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site;

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

(6) 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 one off-street parking space shall be provided for each three students grade 10 and above. In calculating the number of spaces required, any remainder shall be rounded to the next highest number of required spaces, regardless of the magnitude of the remainder.

D. Cemeteries.

(1) All burial plots or structures shall be located at least 20 feet from all property and street lines;

(2) Assurances must be provided that the water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery; and

(3) No burial plots or facilities are permitted in floodplains or flood-fringe areas.

§ 180-67.1 Cluster developments.

[Added 2-28-2006 by Ord. No. 2006-2]

A. Purpose. The purpose of cluster development provisions in the Lehigh Township Zoning Chapter is to encourage the preservation of usable open space and natural features, encourage the development of active and passive recreational areas within new housing developments, encourage continuation of agricultural uses and preservation of the rural character of the Township while allowing property owners to develop their land currently zoned for residential use.

B. Cluster development may be permitted as a conditional use in the Agricultural/Rural Residential Zone and the Village Residential Zone subject to recommendation by the Planning Commission and approval by the Board of Supervisors.

[Amended 9-26-2023 by Ord. No. 2023-2]

C. Specific design criteria:

[Amended 9-26-2023 by Ord. No. 2023-2]

(1) Minimum development area. In the A/RR Zone and Village Residential Zone the minimum area must be 30 contiguous acres.

(2) Maximum density. To determine the base number for density calculation purposes, you must determine the total tract area, multiplied by the standard dwelling density in the A/RR Zone and in the Village Residential Zone. Only single-family detached and semidetached homes may be permitted in the cluster development. Under no circumstances shall the maximum density exceed the following:

(a) Single-family detached dwellings: 1.2 times natural density of net tract area.

(b) Single-family semidetached (duplex): 1.3 times normal density of net tract area.

(c) A combination of single-family detached and single-family semidetached units shall utilize the following equation:

[1] Percentage of single-family detached x tract area x 1.2 = total amount of single-family detached.

[2] Percentage of single-family semidetached x tract area x 1.3 = total amount of single-family semidetached.

(3) Minimum open space must be 50% or more of the net tract area being developed. "Net tract area" is defined as the gross tract area minus existing road rights-of-way, utility easements, wetlands, quarries, ponds. streambeds and steep slope areas in excess of 33%. The open space may be a combination of terrain possibly suitable for recreational fields, trails, open meadows, farming or similar uses. Preserved open space shall be offered for dedication to the Township. With Board of Supervisors' approval the land may be dedicated to another public entity such as a conservancy, school district or operated and maintained by a homeowners' association. Any and all lands will be automatically deeded to the Township in the event a homeowners' association or other entity becomes insolvent. Escrow accounts must be established by the HOA for the maintenance of the open space. Permanent easements and deed restrictions must be established during the planning process regulating the type and scope of activity that may take place on open space lands. The Township reserves the right to reject any dedication of land it feels is not in the best interest of the Township. At the discretion of the Planning Commission and the Board of Supervisors, proposed open space areas shall be planned and coordinated with the possibility of future development on adjacent tracts to provide for large unbroken tracts of land.

(4) Minimum lot sizes.

(a) Minimum lot size for single-family detached homes shall be 10,000 square feet.

(b) Minimum lot size for semidetached dwelling shall be 6,500 square feet for each unit.

(c) All building lots shall be located at least 100 feet from any boundary line of the overall tract.

(5) Building lot design standards shall be the following:

(a) Lot width:

[1] For singles: 100 feet.

[2] For single-family semidetached: 65 feet.

(b) Setbacks:

[1] For singles:

[a] Front: 30 feet.

[b] Sides: 10 feet.

[c] Rear: 30 feet.

[2] For single-family semidetached:

[a] Front: 25 feet.

[b] Sides: 15 feet.

[c] Rear: 30 feet.

(c) Maximum total lot coverage: 35%.

(d) Maximum building height: 35 feet.

(e) Accessory structures:

[1] Side setback: 15 feet.

[2] Rear setback: 10 feet.

(6) Special exception uses normally permitted in the A/RR or Village Residential District shall now be subject to conditional use approval by the Board of Supervisors. In addition, these uses should be defined and subject to developer-imposed deed restrictions.

(7) In keeping with the intent to preserve the rural character of Lehigh Township, efforts should be made by the builders to incorporate stone, brick, and other natural materials and colors into the facade design of the proposed dwellings.

(8) Any cluster development shall comply with all applicable SALDO and Zoning criteria within the required zoning district.

§ 180-68 Commercial day-care facilities.

Within the I Zone, commercial day-care facilities may be permitted by special exception, subject to the following criteria:

A. An outdoor play area shall be provided, at the rate of 65 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. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjoining residentially zoned properties and properties on which a residence exists. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (e.g., poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s);

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

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

D. One off-street parking space shall be provided for each six persons enrolled;

E. All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania; and

F. The applicant shall demonstrate that adequate safeguards are provided to protect individuals enrolled from nearby industrial activities and uses.

§ 180-69 Commercial recreation facilities.

Within the GC Zone, commercial recreation facilities may be permitted by conditional use, and within the RC Zone commercial recreation facilities may be permitted by special exception, subject to the following criteria:

A. If the subject property contains more than two acres, it shall front on an arterial or collector road;

B. Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties;

C. Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy;

D. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and/or pollution;

E. Required parking will be determined based upon a combination of the types of activities proposed and the schedule contained in § 180-37 of this chapter. In addition, an unimproved grass overflow parking area to be provided for peak use periods may be required. Such overflow parking shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;

F. Any booths or other structures used for the collection of admission and/or parking fees shall be set back a sufficient distance and be arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (e.g., roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If at any time after the opening of the commercial recreation facility the Township determines that traffic backups are occurring on adjoining property, the Township can require the applicant to revise the means of access to relieve the undue congestion; and

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

§ 180-70 Commercial stockyards, feedlots and concentrated animal feeding operations (CAFOs).

[Amended 4-27-2010 by Ord. No. 2010-4]

Within the I Zone, commercial stockyards, feedlots and concentrated animal feeding operations (CAFOs) may be permitted by special exception, subject to the following:

A. For commercial stockyards or feedlots, minimum lot area: 10 acres. Section 180-70A shall not apply to CAFOs;

B. For commercial stockyards or feedlots, all areas for the storage, feeding, or keeping of animals shall be completely enclosed by a fence of sufficient strength and size to prevent the escape of animals. Furthermore, all such areas shall be set back at least 200 feet from adjoining property, except that such areas shall be set back at least 500 feet from any land within a residential zone or on which a residence exists. Section 180-70B shall not apply to CAFOs;

C. All uses shall have sufficient off-street loading (or stacking) space so as to prevent the backup of vehicles onto adjoining roads;

D. Access. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads;

(1) All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of shoulder of an intersecting public street. No sight obstructions shall be permitted which are greater than two feet or less than 10 feet above the street surface;

	Speed Limitation on Public Street (miles per hour)	Required Sight Distance (feet)
	25	240
	30	275
	35	315
	40	350
	45	425
	50	475
	55	550

(2) All access drives serving the site shall have a paved minimum cartway 35 feet wide for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive shall be placed contiguous with and beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's tires;

(3) In general, access drives shall intersect public streets at ninety-degree angles as site conditions permit. However, in no case shall access drives intersect public streets at less than 70º. Said angle shall be measured from the center line of the street to the center line of the access drive;

E. Traffic impact. The applicant shall furnish a traffic study prepared by a professional engineer who has specific training in traffic engineering. This study shall demonstrate the acceptability of the proposed method of handling traffic anticipated to be generated by the facility;

F. Any exterior public address system shall be designed and arranged so that the audible levels of any messages conveyed over the system will not exceed the ambient levels of the use. Such measurements shall be conducted at the property lines; and

G. All animal wastes and/or deceased animals shall be properly stored and disposed of so as not to be objectionable at the site's property line so as not to become a nuisance to adjoining properties. All CAFOs shall follow the procedure set forth in § 180-70H below.

H. In addition to the above criteria set forth in § 180-70A through G, a concentrated animal feeding operation (CAFO) shall also be subject to the following criteria set forth in the Pennsylvania Code:

(1) Apply for an NPDES permit at least 180 days before the operation commences or changes.

(2) Obtain an NPDES permit prior to commencing operations or making changes, as applicable.

(a) The NPDES permit application requirements shall include, but not be limited to, the following:

[1] A nutrient management plan meeting the requirements of Pennsylvania Code Chapter 83, Subchapter D (relating to nutrient management) and approved by the County Conservation District or the State Conservation Commission. The plan must include:

[a] Manure application setbacks for the CAFO of at least 100 feet, or vegetated buffers at least 35 feet in width.

[b] A statement that manure that is stockpiled for 15 consecutive days or longer shall be under cover or otherwise stored to prevent discharge to surface water during a storm event up to and including the appropriate design storm for that type of operation under Pennsylvania Code § 91.36(a)(1) and (5) (relating to pollution control and prevention at agricultural operations).

[2] An erosion and sediment control plan for plowing and tilling operations meeting the requirements of Chapter 102 (relating to erosion and sediment control) of the Pennsylvania Code.

[3] When required under Pennsylvania Code § 91.36(a), a water quality management permit, permit application, approval or engineer's certification, as required.

[4] A preparedness, prevention and contingency plan for pollutants related to the CAFO operation.

[5] A water quality management permit application as required by this chapter and Chapter 91 of the Pennsylvania Code (relating to general provision), when treatment facilities that would include a treated wastewater discharge are proposed.

[6] Measures to be taken to prevent discharge to surface water storage of raw materials such as feed and supplies. These measures may be included in the nutrient management plan.

(b) NPDES permits for each CAFO shall include, but not be limited to, conditions requiring the following:

[1] Compliance with the nutrient management plan, the preparedness, prevention and contingency plan and the erosion and sediment control plan for plowing and tilling operations.

[2] A separate NPDES permit for stormwater discharge associated with a construction activity meeting the requirements of the Pennsylvania Code Chapter 102 (relating to erosion and sediment control) when applicable.

[3] Compliance with 3 Pa.C.S.A. §§ 2301 through 2389 (relating to the Domestic Animal Law).

[4] Compliance with the Pennsylvania Code § 91.36.

[5] Recordkeeping and reporting requirements as described in the permit.

[6] When applicable, effluent limitations and other conditions as required under the Pennsylvania Law § 92.2a (relating to treatment requirements) to meet water quality standards, for treated wastewater discharges.

[7] Measures needed to be taken to prevent discharge to surface water from storage of raw materials such as feed and supplies, which are not otherwise included in the nutrient management plan.

I. As a condition of special exception approval, the applicant shall meet the conditions and requirements of the Lehigh Township Health Safety and Welfare Ordinance No. 2010-4.

[Added 9-28-2010 by Ord. No. 2010-7]

§ 180-71 Communication towers, antennas and equipment.

[Amended 7-22-2008 by Ord. No. 2008-7; 6-13-2017 by Ord. No. 2017-2; 10-10-2023 by Ord. No. 2023-4]

A. Permitted and prohibited zoning districts for wireless communication facilities (WCF).

Table A.1
Zoning District	Comm. Towers-Current Ordinance	Tower-Based WCF in ROW	Tower-Based WCF out of ROW/40' height or less	Tower-Based WCF/out of ROW/> 40'	WCF on Existing Structure	Eligible Facilities Request
A/RR		C*	C*	NP	P	P
VR	NP	C*	NP	NP	P	P
GC	SE	C*	C*	C*	P	P
NC	SE	C*	C*	NP	P	P
RC	NP	C*	C*	NP	P	P
I	SE	C*	C*	C*	P	P
OB	NP	C*	C*	NP	P	P
BMC	C	C*	C*	C	P	P
PRRC	N/A	C*	NP	NP	NP**	NP**

NOTES:
*	Subject to Table A.2.
**	Not Permitted in PRRC except as provided for here.

Table A.2 Prohibited Zoning
	WCF Type	Prohibited Zoning Districts
A	Tower-based WCF located out of the ROW	Residential lots or properties in residential zoning districts except within A/RR which is permitted by conditional use
B	Tower-based WCF located in the ROW	Residential zoning districts where all public service utilities are primarily located underground within 100 feet of the proposed tower or base station

B. Bulk and area requirements.

Table B.1 Tower-Based WCFs
		WCF out of ROW	WCF in ROW
Height		Tower-based WCFs shall be designed to minimum functional height. Applicants must submit documentation justifying the total height, not to exceed 120 feet.	Tower-based WCFs shall be designed to minimum functional height, not to exceed 40 feet.
		The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent:	The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent:
		(1) The toppling of any structure onto adjoining properties and/or roads; and	(1) The toppling of any structure onto adjoining properties and/or roads; and
		(2) The windborne scattering of ice onto adjoining properties and/or roads.	(2) The wind-borne scattering of ice onto adjoining properties and/or roads.
Lot size	Only use on lot or property:	Subject to underlying zoning district.
	Combined with another use on lot or property in accordance with § 180-30:	Area needed to accommodate the WCF and guy wires, accessory equipment, a security fence and landscaping and screening.	Not applicable
Setback	Towers:	Each structure shall be set back from each property line a distance not less than three times its height or that required by the underlying district, whichever is greater.	Not applicable except as otherwise provided in the Zoning Ordinance.
	Equipment buildings/cabinets:	Subject to applicable minimum accessory use or structure setback in the underlying zoning district.
Width		Not applicable	Maximum 18 inches in diameter

C. Design, construction and operations.

(1) All WCFs shall be sited, designed, constructed, operated, inspected, maintained, repaired, modified, removed and replaced in strict compliance with all current applicable federal and state technical and safety codes.

(2) Subdivision plan approval shall not be required when a WCF is located on a leased parcel that is less than the entire lot or property. Land development plan is required.

(3) All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.

(4) Collocation. All tower-based WCFs where the tower is more than 40 feet in height, located outside of the right-of-way, shall be designed to accommodate both the applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs where the tower is more than 40 feet in height, the applicant shall agree to allow other service providers to collocate antennas on the tower where technically and economically feasible.

(5) Signage. All WCFs shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communications Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising and is subject to approval by the municipality.

(6) Lighting. Towers shall not be lighted, unless required by regulations of the Federal Aviation Administration. Towers required to be lighted by the Federal Aviation Administration shall be prohibited within the A/RR Zone. Compound lighting shall be limited to a single residential-style porch light, located on any necessary equipment shelter.

(7) Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by the municipality. The use of a backup generator in emergency situations and periodic maintenance and testing by the wireless communications provider's technicians shall be permitted, where such noise standards may be exceeded on a temporary basis.

(8) Vehicular access.

(a) An access driveway and one off-street parking space shall be provided to ensure adequate emergency and service access to all tower-based WCFs located outside of the right-of-way. Access to these facilities shall be from a driveway leading to a public road, which driveway shall not be less than 12 feet nor more than 20 feet in width. Paving of this driveway with an asphaltic or portland concrete cement will be required for the first 50 feet from the edge of the intersecting pavement. Paving of the remaining access driveway may be required as part of conditional use review.

(b) Maximum use of existing roads, whether public or private, shall be made to the extent practicable.

(c) Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.

(d) Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.

(e) An applicant shall present documentation to the Township that the property owner has granted an access easement for the proposed WCF, if located on a lot or property.

(f) Any required access easement shall be a minimum of 20 feet in width or as required to accommodate the proposed driveway and drainage facilities.

(g) Vehicular access to all WCFs shall not interfere with the parking or vehicular circulations for a principal use, if located on the lot or property. However, where appropriate and available, existing parking for the principal or other uses on the lot or property may be utilized.

(9) Fencing. A security fence, which may include barbed wire, with a minimum height of eight feet with a self-locking gate shall be required to surround any tower-based WCF located outside the right-of-way, where the tower is more than 40 feet in height, or less than or equal to 40 feet in height when the WCF has ground-based equipment including guy wires, associated equipment, and buildings.

(10) Safety in rights-of-way.

(a) Schedule of operations. The Township shall determine the time, place and manner of siting, design, construction, maintenance, repair, modification, removal and/or replacement of all WCFs located in the right-of-way, based on public safety, traffic management, physical burden on the right-of-way and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

(b) Alteration of a WCF. Within 60 days following written notice from the Township, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF located in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:

[1] The construction, repair, maintenance or installation of any municipal or other public improvement located in the right-of-way.

[2] The operations of the Township or other governmental entity in the right-of-way.

[3] Vacation of a street or road or the release of a utility easement.

[4] An emergency as determined by the Township.

[5] No permit is required for such removal, relocation, change or alteration ordered by the Township.

(c) Visual obstruction. All WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township. In no case shall ground-mounted equipment, walls, screening or landscaping be located within 18 inches of the face of the curb, or in an area in which there are no curbs, within three feet of the edge of cartway.

(11) Maintenance. An applicant for a WCF shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.

(12) Soil report. An applicant for a tower-based WCF where the new tower is more than 40 feet in height shall submit a soil report complying with the standards of geotechnical investigations, ANSI/EIA-222-G, as amended, to the Township Engineer prior to construction to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires, if used.

(13) Aviation safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.

(14) Inspections for all WCFs where the new tower is more than 40 feet in height.

(a) A copy of any required inspection report shall be provided to the Township following the inspection. Any repairs advised by report shall be completed by the WCF owner within 60 calendar days after the report is filed with the Township.

(15) Equipment storage. The storage of unused equipment or supplies is prohibited on any WCF site.

D. Aesthetics, landscaping, and screening.

(1) Stealth technology. All WCFs shall employ the most current stealth technology available, where appropriate, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Equipment buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable.

(2) Landscaping and screening. An applicant for tower-based WCF where the new tower is more than 40 feet in height, or less than or equal to 40 feet in height with ground-based equipment located outside of the right-of-way, shall submit a landscaping and screening design including the following:

(a) The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF support structure shall be preserved to the extent practicable.

(b) Ground-mounted equipment may be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by Lehigh Township.

(c) All fences required by this section shall be landscaped with an evergreen buffer. Trees within this buffer shall be spaced at intervals not to exceed 20 feet, shall be not less than six feet in height when planted, and shall reach a mature height of not less than 15 feet. The buffer shall be designed so that the evergreen plantings, when mature, shall fully block the view of the fence.

(3) Any other buffer requirement set forth in the Zoning Ordinance shall apply.

E. Replacement, collocation, or modification.

(1) Notwithstanding the requirements for all tower-based WCFs and WCFs on existing structures, as set forth in this subsection, an application for replacement, collocation or modification of a previously approved wireless support structure or WCF shall be reviewed for conformance with the Township building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change.

(2) Replacement of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Township.

(3) Any substantial change to an existing tower-based WCF shall require approval of the Township in accordance with the terms of this section.

(4) If collocation is to occur a sketch plan of the existing tower-based WCF and WCFs with the proposed transmission equipment to be mounted on an eligible support structure showing its location and size shall be provided to the Lehigh Township Planning Commission. The applicant who intends to mount the existing facility shall be required to submit a written agreement with the owner of the existing structure allowing a shared use.

F. Permit requirements.

(1) Collocation analysis. An application for a new tower-based WCF where the new tower is more than 40 feet in height and located outside of the right-of-way shall not be approved unless the applicant demonstrates that the wireless communications equipment planned for the proposed tower-based WCF cannot be collocated on an existing structure or building within a [1/4 or 1/2] mile radius of the proposed tower-based WCF location to achieve the coverage or capacity objectives of the applicant.

(2) Gap in coverage or lack of adequate capacity. An applicant for a tower-based WCF where the new tower that is more than 40 feet in height, located outside of the right-of-way, must demonstrate that a significant gap in wireless coverage exists or lack of adequate capacity is likely to exist within one year of the filing of its application with respect to the applicant in the area and that the proposal is the least intrusive means to fill that gap.

(3) Authorization. An applicant for a WCF shall submit a copy of the lease or other form of written authorization with the property owner confirming that the applicant has standing to file the application and maintain the proposed WCF on the subject lot or property.

(4) Licensing and applicable regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses.

(5) Emissions. The applicant shall demonstrate that the proposed WCF will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.

(6) Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the WCF, evidencing that there is or will be adequate current liability insurance in effect.

(7) Review time frames.

Table C.1 WCF Review Time Frames
		Municipality shall notify the applicant in writing of any information that may be required to complete application	Municipality shall approve or deny the application unless a shorter time period is applicable under the PA MPC
A	New tower-based WCFs	Within 30 calendar days of the date the application was filed with the municipality	Within 150 days* of submission of a complete application for a WCF
B	WCF on existing structures	Within 30 calendar days of the date the application was filed with the municipality	Within 90 days* of submission of a complete application for a WCF
C	Eligible facilities requests** (as defined)	Within 30 calendar days of the date the application was filed with the municipality	Within 60 days* of submission of a complete application for a WCF

*

The time period may be tolled by mutual agreement or in cases where the municipality informs the applicant in a timely manner that the application is incomplete. If an application is considered incomplete, the time period begins running again as soon as the applicant makes a supplemental submission, but may be tolled again if the municipality provides written notice to the applicant within 10 days that the application remains incomplete and specifically delineates which of the deficiencies specified in the original notice of incompleteness have not been addressed.

**

The municipality shall only require the applicant to provide documentation that is reasonably related to determining whether the request is for an eligible facility.

(8) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the actual costs in reviewing and processing the application for approval of a WCF. The amount of this fee may not be in excess of the actual reasonable cost to review and process the application.

G. Discontinuance, abandonment and removal; posting of financial security.

(1) Determination and posting of security.

(a) At the time of application for a conditional use hearing, the applicant shall provide a copy of a certified estimated cost for removal of all tower(s), equipment shelter(s), fence(s) and any and all other improvements and complete restoration of the site to its preconstruction condition. During the consideration of the conditional use, the applicant shall provide, from an expert in the area of construction costs, testimony concerning the reasonableness and accuracy of the certified estimate.

(b) Prior to the issuance of a building permit, the applicant shall provide, in a form acceptable to the Township Solicitor, financial security in an amount of 110% of the cost established during testimony, inflated to the estimated cost in the final year of the initial term of the proposed lease or license. The minimum term for such security shall be 18 months longer than the term of the initial lease or license.

(c) Not fewer than 90 days prior to the expiration of each term of the proposed lease or license, the applicant shall submit an updated certified estimate of the cost of removal as stated above. This estimate shall be reviewed, and revised as necessary, by the Township. Not fewer than 30 days prior to the expiration of the proposed lease or license, the applicant shall provide, in a form acceptable to the Township Solicitor, financial security in an amount of 110% of the cost of such accepted estimate, inflated to the estimated cost in the final year of the proposed new term of the lease term or license. The minimum term for such security shall be 18 months longer than the new term of the lease or license.

(d) In those cases where there is fee ownership of the premises by the owner of the proposed facility, security, estimated and secured as indicated above, shall be provided to the Township prior to the issuance of a building permit. The minimum term for such security shall be 42 months. Costs shall be reestimated by the owner, reviewed and approved by the Township, and security shall be posted biannually beginning on the second anniversary of the establishment of the initial instrument of financial security. The term of each subsequent instrument of financial security shall be not fewer than 42 months. In each case, the form of financial security shall be reviewed and approved by the Township Solicitor.

(2) Discontinuation. In the event that use of a tower-based WCF is planned to be discontinued, the owner/operator shall provide written notice to the Township of its intent to discontinue the use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(a) All unused or abandoned WCFs and accessory facilities shall be removed within six to 12 months of the cessation of operations at the site unless a time extension is approved by the Township.

(b) If the WCF and/or accessory facility is not removed within six to 12 months of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(c) Any unused portions of WCFs, including antennas, shall be removed within six to 12 months of the time of cessation of operations.

§ 180-72 Community centers.

Within the A/RR Zone, community centers, as defined in § 180-15, are permitted by conditional use, subject to the following criteria:

A. A community center will comply with all of the area and bulk regulations for the A/RR Zone, except as follows:

(1) Minimum lot area: two acres.

(2) Any addition or improvements to an existing residential structure or property for the purposes of a community center shall preserve its residential character. The scale, bulk, height and roof pitch of any addition and the building materials used shall be compatible with the existing structure. Any improvements to the structure shall be in compliance with all other applicable Township regulations relating to building and/or zoning permits.

(3) A community center may include an outdoor play area, provided such areas are located in the yard areas, which provide adequate separation, safety, and protection from adjoining properties and roadways. The outdoor play area shall be located in the backyard or rear of the proposed facility. Designated on-site outdoor play areas shall be set back at least 10 feet from all property lines.

B. In order to contain physically any activities in the outdoor play area and to screen the use from adjoining residential properties, a minimum four-foot-high fence shall be erected along the perimeter of the outdoor play area. Fencing may be substituted by natural barriers such as hedgerows, walls and dense vegetation, if it can be demonstrated that such barriers can effectively contain the activities of the proposed center and at the discretion of the Township Supervisors.

C. Hours of outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m. or sunset, whichever comes first.

D. Lighting, if provided, shall reflect away from all adjoining residential uses and public streets.

E. At least one parking space shall be provided for each 300 square feet of gross floor space.

F. A community center may erect one sign no larger than 12 square feet per face which should be set back at least 10 feet from all lot lines.

G. For properties utilizing an on-lot sewage disposal system, the applicant shall demonstrate that the system is properly sized to accommodate sewage flows from the facility and the proposed site can accommodate a replacement sewage disposal area.

H. A community center shall provide adequate and accessible trash disposal areas. Said disposal area shall be screened from public view by a masonry enclosure or solid wood fence at least six feet in height.

§ 180-73 Drive-through and/or fast-food restaurants.

Within the RC and GC Zones, drive-through and/or fast-food restaurants may be permitted by special exception, subject to the following criteria:

A. The subject property shall front on a public road with a classification higher than but not including local;

B. 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;

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

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

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

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

G. Each drive-through lane shall have a minimum of 200 feet of on-site stacking prior to the order location.

§ 180-74 Family day-care facilities.

Within the A/RR and VR Zones, family day-care facilities are permitted by special exception, subject to the following criteria:

A. All family day-care facilities shall be conducted within a single-family detached dwelling which shall be occupied as a residence by the proprietor thereof;

B. A family day-care facility shall offer care and supervision of no more than four different persons during any calendar day;

C. All family day-care facilities with enrollment of more than three persons shall furnish a valid registration certificate for the proposed use, issued by the Commonwealth of Pennsylvania, Department of Public Welfare;

D. An outdoor play area no less than 260 square feet in area shall be provided. Such play area shall not be located within the front yard or any vehicle parking lot. Outdoor play areas shall be set back at least 25 feet from all property lines. A minimum four-foot-high fence shall completely enclose the outdoor play area. Any vegetative materials located within the enclosed play area shall be of a nonharmful type (e.g., poisonous, thorny, allergenic, etc.). Each outdoor play area shall include a means of shade, such as trees or pavilions; and

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

§ 180-75 Farm occupations.

Within the A/RR Zone, farm occupations may be permitted by special exception if the proposed use is accessory to the principal agricultural use of the property and subject to the following standards:

A. For the purpose of this section, farm occupations may involve any one of a wide range of uses, so long as it remains secondary to and compatible with the active farm use. Retail sales shall only be permitted incidental to production of goods on the site;

B. No more than the equivalent of two full-time nonresidents of the farm shall be employed by the farm occupation, and at least one owner/operator of the farm occupation must reside on the site;

C. The use must be conducted within one completely enclosed building. Where practicable, the farm occupation shall be conducted within an existing farm building. However, any new building constructed for use by the farm occupation shall be located behind the farm's principal buildings or be no less than 100 feet from any adjoining roads or properties, whichever is greater;

D. Any new building constructed for use by the farm occupation shall be of a design so that it can be readily converted to agricultural use or removed, if the farm occupation is discontinued;

E. No part of a farm occupation shall be located within 300 feet of any side or rear lot line;

F. The farm occupation shall occupy no more than 4,000 square feet of gross floor area nor more than one acre of lot area. However, any access drive serving the farm occupation and the farm shall not be calculated as land serving the farm occupation;

G. No more than 50% of the land devoted to a farm occupation shall be covered by buildings, structures, parking or loading areas, or any other impervious surfaces;

H. Any sign used for a farm occupation shall not exceed 10 square feet per face; and

I. For farm parcels of 50 acres or less in size, while the farm occupation is in operation, no nonfarm subdivision of the site shall be permitted.

§ 180-76 Golf courses.

Within the A/RR Zone, golf courses may be permitted by conditional use, subject to the following criteria:

A. In no case shall the golf course design permit or encourage a golf ball to be driven across or onto any building, building lot, parking lot, access drive, driveway, or public or private street.

B. Golf paths. Golf paths shall be graded so as to discharge stormwater runoff. Paths shall be provided with a dust-free surface. The golf course design shall minimize golf path crossing of private streets, access drives and driveways and shall prohibit such crossing of public streets. Easily identifiable golf paths must be provided for crossing of private streets, access drives, and driveways. The golf course design shall both discourage random crossing and require use of golf path crossings of private streets, access drives, and driveways. Golf path crossings shall conform to the following:

(1) Each crossing shall be perpendicular to the traffic movements;

(2) Only one private street, access drive, or driveway may be crossed at each location;

(3) No crossing is permitted within 150 feet from the cartway edge of any street, access drive, or driveway intersection;

(4) Each crossing must be provided with a clear-sight triangle of 75 feet, measured along the street, access drive, or driveway center line and the golf path center line, to a location on the center line of the golf path five feet from the edge of the street, access drive, or driveway cartway. No permanent or temporary sight obstruction more than three feet in height shall be placed within this area;

(5) Each crossing shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment;

(6) The golf path shall not exceed a slope of 8% within 25 feet of the edge of the cartway which is being crossed;

(7) Golf path crossings shall be signed to warn motorists, pedestrians, and golfers. The surface of the crossing shall be brightly painted with angle stripes; and

(8) Bridges or tunnels to provide golf path crossings of public streets shall comply with Commonwealth of Pennsylvania Department of Transportation standards. Each bridge shall be completely enclosed.

C. All golf course buildings shall be set back 75 feet from all adjoining roads and 100 feet from adjoining parcels of land.

D. Golf courses may include the following accessory uses, provided that such uses are reasonably sized and located so as to provide incidental service to the golf course employees and users:

(1) Clubhouses, which may consist of:

(a) Restaurant, snack bar, lounge, and banquet facilities;

(b) Locker and rest rooms;

(c) Administrative offices;

(d) Golf cart and maintenance equipment and service facilities;

(e) Guest lodging for those using the golf course, provided that:

[1] No lodging units shall have separate exterior means of ingress/egress;

[2] Each lodging unit shall be contained within the main clubhouse; and

[3] Such guest lodging shall have a total occupancy of no more than 20 persons;

(f) Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms;

(g) Game rooms, including card tables, billiards, ping-pong, video games, pinball machines, and other similar table games; and

(h) Baby-sitting rooms and connected fence-enclosed play lots.

(2) Accessory recreation amenities, located outside of a building, including:

(a) Driving range, provided that the applicant shall furnish expert evidence that all lighting has been arranged to prevent glare on adjoining properties and streets;

(b) Practice putting greens;

(c) Swimming pools;

(d) Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts;

(e) Bocce ball, croquet, shuffleboard, quoits, and horseshoe pits;

(f) Picnic pavilions, picnic tables, park benches, and barbecue pits;

(g) Hiking, biking, horseback riding, and cross-country ski trails; and

(h) Playground equipment and play lot games, including four-square, dodgeball, tetherball, and hopscotch.

(3) Freestanding maintenance equipment and supply buildings and/or storage yards.

E. All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and be screened from adjoining lots and public streets.

F. All dumpsters and off-street parking and/or loading areas shall be screened from adjoining properties and public streets.

G. Golf courses can be integrated with residential subdivisions. In such instances, all open areas of the golf course can be calculated as recreation space, as required by other Township ordinances.

§ 180-77 Group homes, group institutions and correctional facilities.

[Added 10-14-2014 by Ord. No. 2014-4]

A. Group homes.

(1) A group home is permitted by right in all zoning districts within the Township in which single-family dwelling units are similarly permitted by right.

(2) Unless otherwise specified by this Code, all group homes shall be located on approved lots which comply with all applicable dimensional requirements, the performance standards, the design standards, and the area, yard and height regulations, which are further specified by the appropriate zoning district to which the group home is located.

(3) All group homes shall comply with the following general standards and requirements:

(a) One off-street parking space shall be provided per employee on site, computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for every four residents within the group home.

(b) No more than two live-in employees or supervisors shall reside in a group home.

(c) The residential exterior appearance of the structure and premises shall be maintained. No external alterations, additions, or changes to the exterior of the structure are permitted, except as may be required by the Pennsylvania Department of Welfare or other governmental agency, or as may be needed for safety reasons or to accommodate the physically handicapped.

(d) There shall be no more than one kitchen or cooking facility (with the exception of facilities existing as of the date of this section that contain more than one kitchen or cooking facility). Meals shall be served to employees, residents and visitors only.

(e) The applicant shall provide documentation to the Township Code Enforcement Officer and Zoning Officer that the group home complies with all sewer, water, building, fire, plumbing, heating, electrical and similar facilities requirements, and that the same meets the applicable standards established by the Township and by the Commonwealth of Pennsylvania.

(f) The applicant shall provide documentation to the Code Enforcement Officer and Zoning Officer that the group home has been appropriately licensed by the Pennsylvania Department of Public Welfare, to the extent required, and shall meet all current DPW regulations, including those standards governing indoor space and applicable state and local building and fire safety codes. The applicant shall maintain a current and valid license as a group home from DPW, to the extent required.

(g) Immediate, emergency contact information of the agency or operator of the group home shall be submitted to the authorized representatives of the Township.

(h) A group home and/or single-family residence housing more than 14 residents at any given time period is only permitted by special exception.

(i) An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage or other catastrophic event. The emergency management plan should be submitted to the Township Emergency Management Coordinator, Police and Fire Company for review and consideration prior to the issuance of the use and occupancy permit. The owner and operator of the group home shall provide a copy of the emergency management plan to the social workers and tenants of the group home.

B. Group institution.

(1) A group institution is permitted by special exception in the Industrial Zoning District (I).

(2) Unless otherwise specified by this Code, all group institutions shall be located on approved lots which comply with all applicable dimensional requirements, the performance standards, the design standards, and the area, yard and height regulations, which are further specified by the appropriate zoning district to which the group institution is located.

(3) All group institutions shall comply with the following general standards and requirements, which the applicant bears the burden of establishing in pursuing its special exception application:

(a) A site plan or land development plan shall be accurately prepared for a proposed group institution. The site plan or land development plan shall show the location and the dimensions of the group institution, off-street parking areas, private entrances, walkways, fencing and landscaping. These plans shall show the dimensions, intended use and square footage of each room and storage area within the group institution.

(b) No group institution shall be located within 1/2 mile of another existing group institution, educational use, institutional use, or state-licensed day-care center. The one-half-mile setback shall be measured 1) from the property line of the property upon which the group institution is proposed and the property line of the property on which any of the aforementioned use(s) are located, or 2) between the proposed group institution and the nearest building in which such aforementioned use(s) exist, whichever results in the greater setback.

(c) One off-street parking space shall be provided per employee, computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for every four residents within the group institution. Garage space shall not be used in calculating off-street parking.

(d) No more than two live-in employees or supervisors shall reside in a group institution.

(e) The residential exterior appearance of the structure and premises shall be maintained. No external alterations, additions, or changes to the exterior of the structure are permitted, except as may be required by the Pennsylvania Department of Welfare or other governmental agency, or as may be needed for safety reasons or to accommodate the physically handicapped. When the group institution use is abandoned, the dwelling shall be restored to its prior dwelling unit status.

(f) There shall be no more than one kitchen or cooking facility (with the exception of facilities existing as of the date of this section that contain more than one kitchen or cooking facility). Meals shall be served to employees, residents and visitors only. No separate cooking facilities are permitted for any occupant.

(g) The applicant shall provide documentation to the Township Code Enforcement Officer and Zoning Officer that the group institution complies with all sewer, water, building, fire, plumbing, heating, electrical and similar facilities, and that the same meets the applicable standards established by the Township and by the Commonwealth of Pennsylvania.

(h) The applicant shall provide documentation to the Code Enforcement Officer and Zoning Officer that the group institution has been licensed by the Pennsylvania Department of Public Welfare and shall meet all current DPW regulations, including those standards governing indoor space and applicable state and local building and fire safety codes. The applicant shall maintain a current and valid license from DPW.

(i) Although live-in supervision is not mandatory, the applicant shall provide evidence and documentation to the Township that it will provide the residents of the group institution with the physical safety and emotional support that is required. Because the residents of the group institution are likely to be suffering from a personal crisis, some form of immediate contact with a manager or supervisor of the agency or operator of the group institution shall be available 24 hours per day, seven days per week. Likewise, immediate, emergency contact with the agency or operator of the group institution shall be available to the authorized representatives of the Township. The applicant shall further provide evidence to establish that its proposed group institution, its facilities and its operation will neither cause a threat to the public health, safety or welfare, nor constitute a threat to the safety of the nearby residents or properties. To the extent that the group institution is being utilized to house juveniles who have been adjudicated delinquent, the applicant shall, as a condition of any special exception approval for said use, be required to supply the Police and Zoning Officer, within three days of the admission of any individual into the group institution, with a list of the offenses for which the resident has been adjudicated in order to ensure continuing compliance with the provisions of this section. The aforesaid list of offenses shall not include personal or identifying information and shall comply with all applicable privacy laws. To the extent that the group institution is being utilized to house juveniles who have been adjudicated delinquent, the applicant shall further be required, as a condition of any special exception approval for said use, to maintain a photograph of each current resident of the group institution, which may be supplied to the Police in the event of an emergency or other incident requiring emergency services intervention.

(j) No group institution shall have more than 14 residents at any given time period, not including the live-in supervisors and employees.

(k) An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage or other catastrophic event. The emergency management plan should be submitted to the Township Emergency Management Coordinator, Police and Fire Company for review and consideration prior to the issuance of the use and occupancy permit. The owner and operator of the group institution shall provide a copy of the emergency management plan to the social workers and tenants of the group institution.

(4) As part of the special exception application, the Zoning Hearing Board may impose conditions as deemed necessary or appropriate.

C. Correctional facility.

(1) A correctional facility is permitted by special exception in the Industrial Zoning District (I), and shall also comply with the requirements of Zoning Ordinance regarding institutional use (noting that, in the event of any conflict with the provisions of this subsection and any other applicable provision of this chapter, the stricter requirement shall apply).

(2) Unless otherwise specified by this section, all correctional facilities shall be located on approved lots that comply with all applicable dimensional requirements, the performance standards, the design standards, and the area, yard and height regulations for the applicable Zoning District.

(3) All correctional facilities shall comply with the following general standards and requirements, which the applicant bears the burden of establishing in pursuing its special exception application:

(a) A site plan or land development plan shall be accurately prepared for a proposed correctional facility. The site plan or land development plan shall show the location and the dimensions of the correctional facility, off-street parking areas, private entrances, walkways, fencing and landscaping.

(b) No correctional facility shall be located within one mile of another existing correctional facility, educational use, institutional use, or state-licensed day-care center, nor shall an applicant be permitted to apply for special exception relief for more than one correctional facility within one mile of each other. Another use or facility shall be deemed "existing" if such uses or facilities were in existence or operation at the time of the landowner's special exception application; if such uses or facilities have been granted special exception or other zoning approval at the time of the landowner's special exception application; if such uses or facilities have obtained preliminary subdivision or land development approval at any time prior to the Zoning Hearing Board's decision on the landowner's special exception application; or if such uses or facilities have obtained a zoning permit or building permit from the Township at the time of the landowner's special exception application. In instances where a landowner has filed a special exception application for a correctional facility at a time when an application is pending for another correctional facility, group home or group institution within the required setback area, then the filing date and time for the applications shall control and the earlier-filed application shall be considered "existing" for purposes of this section. The one-mile setback shall be measured 1) from the property line of the property upon which the correctional facility is proposed and the property line of the property on which any of the aforementioned use(s) are located, or 2) between the proposed correctional facility and the nearest building or structure in which such aforementioned use(s) exist, whichever results in the greater setback.

(c) No correctional facility shall be constructed within 250 feet of a residence or residentially zoned property, nor within 1,000 feet of a school, church, playground, park, camp, community center, child-care facility or other area where minor children assemble or congregate. This setback shall be measured, on the one hand, from the location of the building, structure, or other component of a correctional facility that will house or be populated by inmates or juvenile residents, or any administrative offices thereof, and, on the other hand, the property line of the property on which is situated the aforementioned uses (i.e., the property lines of the residence, residentially zoned property, school, church, playground, park, camp, community center, child-care facility or other area where minor children assemble or congregate).

(d) All correctional facility buildings, structures, or other components of a correctional facility that will house or be populated by inmates or juvenile residents shall be set back from the property line of the property a minimum of 50 feet.

(e) One off-street parking space shall be provided per employee, computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for every 2.5 inmates or juvenile residents within the correctional facility.

(f) The Zoning Hearing Board shall attach to any approval conditions ensuring appropriate security measures, including, but not limited to, fencing or other barriers, cameras, lighting, guards, sign-in and sign-out sheets, curfews for residents, patrolling of the property, the use of guard dogs, sirens and direct alarms with the Police.

(g) The applicant shall provide notice of any incidents at the correctional facility involving escapes, attempted escapes, physical altercations resulting in hospitalization, or improper releases of inmates or juvenile residents to all Township residents and landowners seeking to receive the same, such as through AlertPA or a similar, Township-approved notification system. Such notices shall be issued within 24 hours of the correctional facility becoming aware of the same.

(h) The design, construction and operations of the correctional facility shall be supported by expert study as to every aspect of the facility. The implementation of the conclusions of those studies shall be subject to the review and approval of the Township through the special exception process.

(i) The applicant shall provide documentation to the Township Code Enforcement Officer and Zoning Officer that the correctional facility complies with all sewer, water, building, fire, plumbing, heating, electrical and similar facilities requirements of the Township, and that the same meets the applicable standards established by the Township and by the Commonwealth of Pennsylvania.

(j) The applicant shall provide documentation to the Code Enforcement Officer and Zoning Officer that the correctional facility has been licensed by the Pennsylvania Department of Corrections, and/or the Pennsylvania Department of Public Welfare, as required, and shall meet all current DOC and DPW regulations, including those standards governing indoor space and applicable state and local building and fire safety codes. The applicant shall maintain a current and valid license from DPW or DOC, as applicable.

(k) The applicant shall provide evidence and documentation to the Township that it will provide the inmates or residents of the correctional facility with the physical safety and emotional support that is required. Some form of immediate contact with a manager or supervisor of the agency or operator of the correctional facility shall be available 24 hours per day, seven days per week. Likewise, immediate, emergency contact with the agency or operator of the correctional facility shall be available to the authorized representatives of the Township.

(l) The applicant shall further provide evidence to establish that its proposed correctional facility, its facilities and its operation will neither cause a threat to the public health, safety or welfare, nor constitute a threat to the safety of the nearby residents or properties. The applicant shall, as a condition of any special exception approval for said use, be required to supply the Police, within three days of the admission, transfer or release of any individual inmate into or from the correctional facility, with the name, physical description, sentence and list of offenses for which the inmate has been convicted. This requirement shall not apply to inmates or juvenile residents adjudicated of violent offenses that are not expected to be housed within the correctional facility for fewer than five days. With respect to correctional facilities that provide housing for juveniles adjudicated of violent offenses, the applicant shall provide the Police, within three days of admission, transfer or release of any juvenile into or from such correctional facility, with a list of the offenses for which the juvenile has been adjudicated, noting that the aforesaid list of offenses shall not include personal or identifying information and shall comply with all applicable privacy laws. The applicant shall further be required, as a condition of any special exception approval for said use, to maintain a photograph of each current inmate or juvenile resident of a correctional facility, which may be supplied to the Police in the event of an emergency or other incident requiring police intervention.

(m) The applicant must develop an emergency management plan, subject to the annual review and approval of the Township, in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage or other catastrophic event. The emergency management plan should be submitted to the Police, Fire Company, Zoning Officer and Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit and biannually (every other year) on or before January 31 of such year.

D. As part of the special exception application, the Zoning Hearing Board may impose conditions as deemed necessary or appropriate.

§ 180-78 Health care facility.

Within the VR Zone, health care facilities may be permitted by conditional use, and within the GC Zone, health care facilities may be permitted by special exception, subject to the following criteria:

A. Health care facilities shall be proposed only on lots with public water and public sewage disposal facilities. On-lot water supply or sewage disposal shall be strictly prohibited;

B. The site shall consist of at least two contiguous acres;

C. All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets;

D. A health care facility may erect one sign no larger than 12 square feet per face which must be set back at least 10 feet from all lot lines;

E. At least 10% of required parking spaces shall be designed for handicapped persons;

F. The maximum permitted density of residents shall be 12 beds per acre; and

G. The applicant shall obtain land development approvals and an approval from the Commonwealth of Pennsylvania Licensing Agency.

§ 180-79 Heavy equipment sales, service and/or repair facilities.

Within the I Zone, heavy equipment sales, service and/or repair facilities may be permitted by special exception, subject to the following criteria:

A. All service and/or repair activities shall be conducted within a completely enclosed building;

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

C. All exterior storage and/or display areas shall be screened from adjoining residentially zoned properties and from all properties on which residences exist;

D. The storage of junked vehicles, boats, machinery, trucks, trailers, mobile homes and heavy equipment on the property is prohibited;

E. Any ventilation equipment outlets associated with the service/repair work area(s) shall be directed away from all adjoining residentially zoned properties and properties on which residences exist; and

F. All vehicles shall be repaired and removed promptly from the premises.

§ 180-80 Heavy industrial uses.

Within the I Zone, heavy industrial uses may be permitted by special exception, subject to the following criteria:

A. The applicant shall provide a detailed written description of the proposed use covering each of the following topics:

(1) The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with commonwealth and federal regulations;

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

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

B. The applicant shall provide a traffic study prepared by a professional engineer with specific training in traffic engineering. This study shall demonstrate that the proposed use will not be detrimental to the capacity of existing roadways and intersections.

§ 180-81 Home improvement and building supply stores.

Within the GC Zone, home improvement and building supply stores may be permitted by special exception, subject to the following criteria:

A. If the subject property contains more than two acres, it shall front on an arterial or collector road;

B. The retail sales area shall be all areas open for public display, including but not limited to shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale. The retail sales area shall include both interior and exterior areas as listed above;

C. Off-street parking shall be provided at the rate of one space for each 200 square feet of interior retail sales area, plus one space for each 500 square feet of exterior sales area, plus one space for each employee on the two largest shifts;

D. All exterior retail sales areas shall include a dust-free surface and a completely enclosed minimum six-foot-high fence and gates;

E. All exterior storage and retail sales areas (exclusive of nursery and garden stock) shall be located within a side and/or rear yard and shall be screened from adjoining roads and properties;

F. The applicant shall furnish expert evidence that any exterior amplified public address system and/or exterior lighting has been arranged and designed so as to prevent objectionable impact off the site;

G. Any drilling, cutting, sawing, mixing, crushing or other preparation of building materials, plus any testing or repair of motorized equipment, shall be conducted within a completely enclosed building; and

H. The applicant shall submit a traffic study prepared by a professional engineer with specific training in traffic engineering. This study shall demonstrate the acceptability of the proposed methods of traffic control and further that the capacity of existing roadways and intersections will not be adversely impacted.

§ 180-82 Home occupations.

Within all zones, with the exception of the BMC Zone where they are prohibited, home occupations are permitted by special exception, subject to the following criteria:

A. The use shall be clearly incidental to the primary use of the premises as a dwelling for living purposes;

B. No more than two persons who are not residents of the dwelling may be engaged in the home occupation use;

C. No more than one home occupation may be located within any dwelling unit;

D. The home occupation shall not alter the appearance of the building as a dwelling unit;

E. No mechanical equipment shall be employed in a home occupation, other than that customarily utilized for hobby or domestic purposes;

F. No sales of any goods or merchandise shall occur on the premises, other than those goods or merchandise which are produced on the premises;

G. No manufacturing shall occur on the premises other than the products of customary hobbies and fabrication of garments by a seamstress;

H. No goods shall be displayed so as to be visible from the exterior of the premises;

I. Home occupations shall be limited to not more than 25% of the floor area of the dwelling unit or 500 square feet, whichever is less;

J. No accessory building or structure shall be utilized for any aspect of a home occupation;

K. In addition to the required parking spaces for the dwelling unit, one parking space per potential patron on site at any one time shall be provided;

L. Only one sign advertising a home occupation shall be permitted; such sign shall not be illuminated and shall be limited to four square feet in display area, including all sides of the sign; and

M. The applicant shall submit evidence to the Zoning Hearing Board of all applicable commonwealth or other governmental agency approvals.

§ 180-83 Hospital.

Within the GC Zone, hospitals may be permitted by special exception, subject to the following criteria:

A. Hospitals shall be proposed only on lots with public water and public sewage disposal facilities. On-lot water supply or sewage disposal shall be strictly prohibited;

B. The site shall consist of at least two contiguous acres;

C. All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets;

D. A hospital may erect one sign no larger than 12 square feet per face which must be set back at least 10 feet from all lot lines;

E. At least 10% of required parking spaces shall be designed for handicapped persons;

F. The maximum permitted density of residents shall be 12 beds per acre; and

G. The applicant shall obtain land development approvals and an approval from the Commonwealth of Pennsylvania Licensing Agency.

§ 180-84 Intermediate care facilities and ICF/MR facilities.

Within all zones, intermediate care facilities and ICF/MR facilities may be permitted by special exception, subject to the following criteria:

A. Intermediate care facilities and ICF/MR facilities shall be proposed only on lots with public water and public sewage disposal facilities; on-lot water supply or sewage disposal shall be strictly prohibited;

B. The site shall consist of at least two contiguous acres;

C. All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets;

D. Intermediate care facilities and ICF/MR facilities may erect one sign no larger than 12 square feet per face which must be set back at least 10 feet from all lot lines;

E. At least 10% of required parking spaces shall be designed for handicapped persons;

F. The maximum permitted density of residents shall be 12 beds per acre; and

G. The applicant shall obtain land development approvals and an approval from the Commonwealth of Pennsylvania Licensing Agency.

§ 180-85 Long-term care nursing facility.

Within the GC Zone, long-term care nursing facilities may be permitted by special exception, subject to the following criteria:

A. Long-term care nursing facilities shall be proposed only on lots with public water and public sewage disposal facilities; on-lot water supply or sewage disposal shall be strictly prohibited;

B. The site shall consist of at least two contiguous acres;

C. All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets;

D. A long-term care nursing facility may erect one sign no larger than 12 square feet per face which must be set back at least 10 feet from all lot lines;

E. At least 10% of required parking spaces shall be designed for handicapped persons;

F. The maximum permitted density of residents shall be 12 beds per acre; and

G. The applicant shall obtain land development approvals and an approval from the Commonwealth of Pennsylvania Licensing Agency.

§ 180-85.1 Medical marijuana facilities.

[Added 6-27-2017 by Ord. No. 2017-3]

A. Purpose. The purpose of this section is to establish a process and standards for the establishment, construction, and operations of medical marijuana facilities, pursuant to the Pennsylvania Medical Marijuana Act (PA Act 16, 2016),[1] to allow for the integration of an allowed industry while providing for the protection of the public's health, safety, morals, and general welfare.

[1] Editor's Note: See 35 P.S. § 10231.101 et seq.

B. District regulations.

[Amended 10-10-2023 by Ord. No. 2023-5]

(1) Academic clinical research centers are permitted by special exception in the Industrial (I) Zoning District with consideration for the applicable performance standards found in Subsection D(1) of this section.

(2) Medical marijuana grower/processors are permitted by special exception in the Industrial (I) Zoning District with consideration for the applicable performance standards found in Subsection D(2) of this section.

(3) Medical marijuana transport vehicle offices are special exceptions within the Industrial (I) Zoning District, with consideration for the applicable performance standards found in Subsection D(3) of this section.

(4) Medical marijuana dispensaries are permitted by special exception in the Industrial (I) Zoning District, with consideration for the applicable performance standards found in Subsection D(4) of this section.

C. Definitions. See § 180-15.

D. Use regulations. The following are performance standards for medical marijuana facilities.

(1) Academic clinical research centers.

(a) Parking requirements will follow the parking schedule found in Article III, § 180-37, Off-street parking and loading, regulations and/or as listed for "Institutional and Educational Uses" as appropriate.

(b) An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(c) All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties in accordance with other sections of the Zoning Ordinance regarding lighting requirements.

(d) A buffer planting is required where an academic clinical research center adjoins a residential use or district pursuant to the requirements of § 180-33.

(2) Medical marijuana grower/processor.

(a) A medical marijuana grower/processor shall meet the same Township's zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same district.

(b) A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(c) A medical marijuana grower/processor shall meet the setback, parking, landscaping, coverage, and building height requirements required in the zoning district in which the use is permitted by right to determine the building envelope and lot coverage and shall meet all the bulk requirements of the underlying zoning district.

(d) The maximum floor area of a medical marijuana grower/processor shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana related materials used in production or for required laboratory testing.

(e) There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs. If on-lot wells will be used to supply water the requirements of § 147-20D shall be complied with. All stormwater discharge shall comply with Chapter 138, entitled "Stormwater Management," requirements for other manufacturing, processing and production facilities.

(f) Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH policy and shall not be placed within any unsecure exterior refuse containers.

(g) The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

(h) Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

(i) All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties in accordance with lighting requirements set forth in the Zoning Ordinance including but not limited to the requirements for proper lighting in § 180-37.

(j) Parking and loading facilities shall be designed in accordance with the requirements found in Article III, § 180-37, entitled "Off-street parking and loading," regulations.

(k) A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district in accordance with the requirements in § 180-33.

(l) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.

[1] All accesses must secure the appropriate highway occupancy permit from the Department of Transportation or, in the case of local road, by Lehigh Township.

[2] The clear sight triangle found in Article III, § 180-29 general regulations must be considered and maintained.

[3] The driveway must be designed and improved to the standards expressly described in Article IV, § 147-17, of the Subdivision and Land Development Ordinance.

(m) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment and located in the rear of the building.

(3) Medical marijuana transport vehicle service.

(a) A traffic impact study is required where the office is operated.

(b) Parking and loading requirements will follow the parking schedule found in Article III, § 180-37, entitled "Off-street parking and loading," regulations for motorized vehicle services. Parking shall be provided for one vehicle and one employee.

(c) All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties in accordance with the requirements in §§ 180-37 and 180-52.

(d) A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district in accordance with § 180-33.

(e) Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

[1] All accesses must secure the appropriate highway occupancy permit from the Department of Transportation and/or Lehigh Township for non-state-owned roads.

[2] The clear sight triangle found in Article III, § 180-29, must be considered and maintained.

[3] The driveway must be designed and improved to the standards expressly described in Article IV, § 147-17, of the Subdivision and Land Development Ordinance.

(f) The medical marijuana product shall not be stored at a medical marijuana transport vehicle service facility.

(g) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment located in the rear of the building.

(4) Medical marijuana dispensary.

(a) A medical marijuana dispensary shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same district.

(b) A medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.

(c) A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(d) A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

(e) Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

(f) Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).

(g) A medical marijuana dispensary shall meet the setback, parking, loading, landscaping, coverage and building height requirements of the zoning district in which the use is permitted to determine the building envelope, lot coverage and maximum allowable floor area.

(h) A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

(i) A medical marijuana dispensary shall:

[1] Not have a drive-through service;

[2] Not have outdoor seating areas;

[3] Not have outdoor vending machines;

[4] Prohibit the administering of, or the consumption of, medical marijuana on the premises; and

[5] Not offer direct or home delivery service.

(j) A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

(k) A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

(l) A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted to the closest property of the protected use regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.

(m) Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.

(n) All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties in accordance with lighting requirements of §§ 180-37 and 180-52.

(o) Parking requirements will follow the parking schedule found in Article III, § 180-37, Off-street parking and loading, regulations as listed for medical offices.

(p) A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district in accordance with § 180-33 of the Zoning Ordinance.

(q) Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.

[1] All accesses must secure the appropriate highway occupancy permit from the Department of Transportation and/or Lehigh Township for non-state-owned roads.

[2] The clear sight triangle found in Article III, General Requirements, § 180-29, must be considered and maintained.

[3] The driveway must be designed and improved to the standards expressly described in Article IV, § 147-17, of the Subdivision and Land Development Ordinance.

(r) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.

(s) In the event the Controlled Substance, Drug, Device and Cosmetic Act[2] relating to marijuana conflicts with a provision of Act 16,[3] PA Act 16 is declared to take precedence.

[2] Editor's Note: See 35 P.S. § 780-101 et seq.

[3] Editor's Note: See 35 P.S. § 10231.101 et seq.

E. Administration and enforcement.

(1) Building and zoning permits/approvals.

(a) A zoning permit shall be required prior to obtaining a building permit; for the construction or erection of a building; the alteration of a building or portion thereof; the use or change in use of a building or land; or any adjustments to a nonconforming use.

(b) The Township's zoning permit application must be completed.

(c) Permit fees shall be as stipulated in the fee schedule adopted by resolution of the municipal governing body in effect at the time of application.

(d) Permits may be denied if the applicant, in the reasonable opinion of the Lehigh Township Board of Supervisors, is failing to comply with any state or local law or regulation.

(e) In the case of new construction, meeting the Pennsylvania Municipal Planning Code[4] definition, land development plan application is required to be submitted and an approval secured, prior to establishment of the use.

[4] Editor's Note: See 53 P.S. § 10101 et seq.

(f) If the application is to change the use of a building, or needs to demonstrate allocation of space within a structure, the applicant shall provide architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.

(g) A medical marijuana grower/processor must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.

F. Penalities. Any owner, operator, or other person who violates or permits a violation of this section shall, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, pay to Lehigh Township a fine of not more than $500, plus all court costs, including but not limited to reasonable attorney's fees incurred by Lehigh Township on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected by Lehigh Township without further judicial proceedings. Further, the appropriate officers or agents of Lehigh Township are hereby authorized to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond will be required if injunctive relief is sought by Lehigh Township. A person who violates this section shall also be responsible for Lehigh Township's attorney's fees, engineering fees, expert fees and court costs reasonably incurred by Lehigh Township on account of such violation.

G. Severability. The provisions of this section shall be severable, and if any provision hereof shall be declared unconstitutional, illegal or invalid, such decision shall not affect the validity of any of the remaining provisions of this section. It is hereby declared as a legislative intent of the Township that this section would have been amended as if such unconstitutional, illegal or invalid provision or provisions had not been include herein.

H. Repealer. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

§ 180-86 Medical residential campuses.

Within the OB and VR Zones, medical residential campuses may be permitted by special exception, subject to the following criteria:

A. Medical residential campuses shall be proposed only on lots with public water and public sewage disposal facilities; on-lot water supply or sewage disposal shall be strictly prohibited;

B. 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 which can be treated within a setting like the medical residential campus;

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

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

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

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

G. The site shall front on and have access to an arterial or collector road;

H. All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back a minimum of 75 feet from all lot lines of the campus property;

I. All buildings or structures used solely for residential purposes shall be set back at least 50 feet from all lot lines of the campus property;

J. The maximum permitted overall density is eight dwelling units per acre. For purposes of this section, each 1.5 care beds associated with a medical use shall constitute one dwelling unit. No more than 50% of the total number of permitted dwelling units shall consist of care beds;

K. The maximum permitted height is 60 feet, provided that an additional two feet of building setback shall be required for each one foot, or portion thereof, that the building height exceeds 35 feet. Furthermore, for any building exceeding 35 feet in height, the applicant shall obtain a letter from the Township Fire Department and Ambulance Corps indicating that adequate provision has been made for fire-fighting and rescue activities;

L. No more than 60% of the subject property shall be covered with buildings, parking and loading areas, and/or other impervious surfaces;

M. Each off-street parking lot shall provide at least 20% of the total parking spaces as those designated for the physically handicapped. Furthermore, such parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they are required;

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

(1) Dwellings, nursing homes and congregate living facilities for the elderly or physically handicapped;

(2) Medical facilities, including offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities;

(3) 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 shall be chosen to reflect their local orientation to the immediate campus community 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; and

(4) Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by campus residents, employees, and their guests; and

O. The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service to the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use and any suggestions which might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval to assure adequate levels of service.

§ 180-87 Mineral extraction.

Within the A/RR and I Zones, mineral extraction is permitted by conditional use, subject to the following criteria:

A. For the purposes of this section, a quarry is defined as a lot of land or part thereof which has been used in the past, or is presently being used, for the purpose of extracting stone, slate, sand, gravel, minerals, or topsoil for sale.

B. No building or structure, with the exception of a private driveway to service the lot or land upon which a quarry is located, shall be erected or constructed within a distance of 200 feet of the nearest edge of the quarry.

C. No private driveway shall be erected or constructed within a distance of 100 feet of the nearest edge of a quarry.

D. The activities and residual effects shall not create conditions hazardous or otherwise significantly adverse to the value and customary use of adjacent properties. The Board of Supervisors (Board) can impose adequate and reasonable protection for adjacent uses.

E. The site shall be reclaimed to a nonhazardous state permitting some economically productive future use of the property, and extracting activities and the resulting condition of the site will not result in environmental degradation of the surrounding area.

F. A buffer yard within the standards of § 180-33 with a width of 200 feet shall be required between the lot line of any existing residential use or residentially zoned land and any mineral extraction use.

G. Minimum setback from all exterior lot lines will be 100 feet.

H. Additional setbacks will be 200 feet from any publicly owned recreational land, school, place of worship, creek, river, lake or wetland.

I. Secure chain-link fencing at least seven feet in height shall surround all active areas of mineral extraction.

J. See Article IV, Environmental Protection Standards.

K. The Board may require that the applicant submit a copy of all submitted materials to the County Conservation District for a review.

L. The Board may submit an application affecting greater than 10 acres to the Township Engineer for review. Such reasonable, necessary and routine review fees as occur shall be paid for by the applicant.

M. The Board may reasonably limit the hours of operation of the use and of related hauling operations to protect the character of nearby residential areas.

N. The applicant may be required to post reasonable and necessary bonds to provide for any damage incurred from the use of Township roads by heavy trucks from the mineral extraction operation.

O. Prior to the approval of any conditional use under this chapter for mineral extraction, the Board of Supervisors shall determine that the proposed use will not adversely affect the public health or safety of the community. The applicant shall submit a complete copy of all application materials and a site plan to the Board of Supervisors and to the Planning Commission for review. In making a determination, the Board shall consider the following information as supplied by the applicant or any other party to the proceeding:

(1) A plan indicating the minimum lot width will be 200 feet at the location of the proposed mineral extraction operation;

(2) A plan indicating the minimum lot width will be 200 feet for the anticipated depth of any excavations;

(3) A plan indicating the minimum lot width will be 200 feet at the depth of the existing water table;

(4) The relationship of the mine site to surface watercourses and bodies of water;

(5) The established water quality of nearby surface waters which may be affected by the mineral extraction operation;

(6) The probable effect of the mineral extraction operation on the quality of nearby surface waters (the Board may require the applicant to prepare studies of the present water quality of surface or underground waters which may be affected by the proposed mineral extraction operation and receive other qualified evidence on water quality);

(7) The nature and approximate volume of the overburden to be removed in the operation;

(8) The underlying strata in which the minerals to be extracted are located; and

(9) The probable effect of blasting and other excavation methods upon lawful existing and permitted uses in the area surrounding the proposed site.

P. This section is not intended to preempt unlawfully any federal or state law or regulation. Unless a preemption of this section would exist, the most strict and least permissive requirements shall be in effect where a conflict might exist.

Q. No mineral extraction use may begin, expand or continue without having in effect all required state and federal permits and being in compliance with all applicable regulations.

R. Sustainability of roads.

(1) It is the responsibility of the applicant to prove to the satisfaction of the Board that the existing Township and state road system to be used will accommodate the heavy truck traffic proposed by mineral extraction operations.

(2) If it is determined by the Board that the mineral extraction use would create unusually heavy truck traffic and that the state and Township roads to be used would be inadequate to handle this unusually heavy and noncustomary traffic, the applicant may be required by the Board to fund such improvements to roads leading to highways having the structural integrity to handle reasonably the heavy truck traffic that will be generated. Such improvements shall be in direct relation to the traffic generated by the use. Such improvements may be made in phases and may be handled through the posting of bonds.

(3) The Board may deny a mineral extraction application if the public roads would be physically unable to handle the heavy truck traffic and if the applicant refused to fund the improvements necessary.

S. Each application for a conditional use for mineral extraction covering an area greater than one acre shall contain the following information:

(1) Current uses of the land to be included in the requested permit.

(2) A location map (prepared by a registered professional engineer and/or land surveyor) showing:

(a) The extent of the area to be excavated;

(b) Boundaries of land to be affected by the mineral extraction operation, including the locations of:

[1] Storage sites for overburden;

[2] Access and haulage roads;

[3] Storage sites for equipment; and

[4] Offices and other structures to be used in conjunction with the mineral extraction operation;

(c) Boundaries of adjoining lands owned by persons other than the applicant and the existing uses of those adjoining lands;

(d) The location of all watercourses, bodies of water, public rights-of-way, public buildings, public recreation areas or other public property on or within 400 feet of the boundaries of land to be affected by the surface mining operation; and

(e) The physical or topographical relationship of the land area encompassed within the boundaries of the tract.

(3) A development plan for the area to be affected by mineral extraction operation, prepared by a registered professional engineer and/or land surveyor, showing:

(a) The nature and depth of the various strata of overburden above and between mineral seams to be excavated;

(b) The location and quality of underground water known to be present on the site;

(c) The location of known aquifers and the estimated elevation of the water table; and

(d) An estimate (prepared by a qualified soils engineer or registered geologist) of the probable impact of the mineral extraction operation upon the surrounding water sources.

(4) A detailed land reclamation plan of the area included within the permit, showing:

(a) The proposed use or uses of the land following the close of mineral extraction operations;

(b) The proposed topography of land following the close of mineral extraction operations;

(c) The actions to be taken during mineral extraction to conserve and replace topsoil removed during mineral extraction operations;

(d) A sedimentation and erosion control plan for the operation, including vegetation to be planted for soil stabilization purposes;

(e) The proposed location of future roads, private or public rights-of-way, drainage courses and other proposed improvements; and

(f) Reasonable assurances that the applicant will be capable of reclaiming the land in accordance with the plan within a reasonable time after completion of the mineral extraction operations to be covered by the requested permit.

(5) Such other information as the Board may require and which examination of the application may reveal to be necessary in order to determine that the proposed mineral extraction operation will comply with the requirements of this chapter.

T. Regulation of the maximum acreage available.

(1) The intent is to control the pace of mineral extraction operations in a manner commensurate with the Township's ability to promote orderly growth and to assimilate development activity created by mineral extraction operations and related activities, to provide necessary public services throughout the Township to assure adequate protection of life and property, to provide for coordinated and practical community development, to prevent overcrowding of land, blight, congestion in travel and transportation, and loss of life or property from flood or other danger, to encourage expedient reclamation of mineral extraction lands, and to provide incentives for the use of inadequately reclaimed lands.

(2) The gross acreage under active mineral extraction operations at any one time in the Township shall not exceed 100 acres.

(3) No permit for mineral extraction issued under this section for the conduct of mineral extraction operations shall be deemed to authorize the applicant to begin, or to continue existing, mineral extraction operations on land covered by the permit until the Zoning Officer shall certify that the mineral extraction operations covered by the permit will not cause the total amount of land under active mineral extraction operations to exceed the maximum gross amount of land which may be affected by mineral extraction at any one time under the provisions of this section.

(4) The land affected by mineral extraction shall, for purposes of this section, include land currently under an active mineral extraction permit at the time of the adoption of this chapter, land not adequately reclaimed or backfilled following prior mineral extraction operations, land containing waste or spoil piles from existing or prior mineral extraction activities, and other land determined to be so affected for reasons set forth in this chapter.

(5) It is the responsibility of the applicant periodically to document to the Board or Zoning Officer that the maximum gross area being excavated is under 100 acres, if requested to provide such documentation by the Board or Zoning Officer.

(6) It is understood that any mineral extraction operations that are closely related business ventures and that are being conducted within close proximity to each other can be considered as one operation within the maximum gross area requirement at the discretion of the Board.

U. Unique or environmentally significant natural features and significant historic or architectural structures and sites or public water supply shall be protected from disruption or adverse effects from mineral extraction activities.

§ 180-88 Mini warehouses.

Within the I Zone, mini warehouses may be permitted by special exception, subject to the following criteria:

A. Off-street parking spaces shall be provided at the rate of one space per each 25 units, plus one per 250 square feet of office space, plus two per any resident manager;

B. In addition to the parking spaces required by the preceding subsection, parking shall be provided by parking/driveway 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;

C. 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, parcels on which a residence exists, 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;

D. All storage shall be kept within enclosed buildings. Storage of flammable, highly combustible, explosive, or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatus relying upon such fuels shall only be stored in an external storage area as described above;

E. An on-site manager shall be required to be on the site on a full-time basis and shall be responsible for maintaining operation of the facility in conformance with the conditions of approval and all applicable ordinances. Any dwelling for a resident manager shall comply with all of those requirements listed within the VR Zone and shall be entitled to all residential accessory uses provided in this chapter;

F. Because of the danger from fire or explosion caused by accumulation of vapors from gasoline, diesel fuel, paint, paint remover, and other flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture is prohibited;

G. No door openings for any mini warehouse storage unit shall be constructed facing any residentially zoned property or any property on which a residence exists; and

H. Mini warehouses shall be used solely for the storage of property.

(1) The following lists examples of uses expressly prohibited upon the site:

(a) Auctions, wholesale or retail sales, or garage sales;

(b) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment;

(c) The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment;

(d) The establishment of a transfer and storage business; and

(e) Any use which may be noxious or offensive because of odors, dust, noise, fumes, or vibrations.

(2) The applicant shall adequately demonstrate that all mini warehouse rental and/or use contracts specifically prohibit these uses.

§ 180-89 Mobile/manufactured home park.

Within the VR Zone, mobile/manufactured home parks may be permitted by conditional use, subject to the following criteria:

A. The mobile/manufactured home park shall have a minimum tract size of 10 acres, and the maximum density of any mobile home park shall not exceed 2.7 mobile homes per net acre of usable land. Unusable land is areas of wetlands, slopes in excess of 30%, floodplains, bodies of water, and rock outcroppings. All mobile home parks shall be connected to public or centralized sanitary sewer and public or centralized water supply systems.

[Added 6-14-2011 by Ord. No. 2011-1]

B. The mobile/manufactured home park shall have centralized sewer and water.

C. The mobile/manufactured home park shall have a thirty-foot-wide buffer yard around the perimeter of the site. See § 180-33.

D. All applicable provisions of Chapter 147, Subdivision and Land Development, shall be complied with.

E. The minimum separation between mobile/manufactured homes shall be 50 feet.

[Amended 6-14-2011 by Ord. No. 2011-1]

F. Setback distances measured from the existing street right-of-way line shall be 50 feet.

[Amended 6-14-2011 by Ord. No. 2011-1]

G. Recreation area. The size of such recreation area shall be based upon a minimum of 2,000 square feet per dwelling unit. No outdoor recreation area shall contain less than 2,500 square feet.

[Amended 6-14-2011 by Ord. No. 2011-1]

(1) Contiguous usable recreation area shall be provided. The amount of the recreation area shall be a minimum of 5,000 square feet per dwelling unit within the tract. This shall be developed as an active playground or level field suitable for free play. Areas within the required perimeter setback shall not count as this recreation area.

(2) When no appropriate recreation sites are available within the mobile home park, the Township may at its discretion accept a cash contribution in lieu of the provision of recreation area. The cash payment shall be in the following amounts:

	Number of Dwelling Units	Payment
	Up to three dwelling units	$750 per unit
	Over three dwelling units	$2,000 per unit

(a) For mobile home parks with less than five dwelling units making a cash in lieu of recreational land contribution, the total fee shall be paid by the owner or developer at the time of final plan approval by the Board of Supervisors.

(b) For mobile home parks with five or more dwelling units making a cash in lieu of recreational land contribution, the total fee shall be paid by the owner or developer at the time of final plan approval by the Board of Supervisors.

H. Each unit shall comply with the requirements for mobile homes in § 180-36 and the definition of "mobile home" in Subsection (5) of the definition of "dwelling" in § 180-15.

I. A mobile/manufactured home park may include a recreation center for residents, a rental/management office, maintenance buildings for the park and the sale of mobile/manufactured homes that will be placed on the tract.

§ 180-90 Mortuaries and crematoria.

Within the GC Zone, mortuaries and crematoria may be permitted by special exception, subject to the following criteria:

A. Mortuaries and crematoria shall be proposed only on lots with public sewage disposal facilities. On-lot sewage disposal shall be strictly prohibited.

B. The site shall consist of a minimum of two contiguous acres.

C. All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets.

D. One freestanding sign, complying with the requirements for on-site signs for commercial establishments, shall be permitted.

E. Access for the mortuary or crematorium shall be to and from an arterial or collector street only. Direct access onto local streets is expressly prohibited.

F. The applicant shall demonstrate how compliance with all federal, commonwealth, county, and Township regulations concerning the conducting of such a business will be achieved. In particular, but not limited thereto, the applicant shall provide a plan for handling and disposal of biohazards and for controlling airborne particulate matter and odors.

§ 180-91 Off-track betting parlors.

Within the I Zone, off-track betting parlors may be permitted by special exception, subject to the following criteria:

A. An off-track betting parlor shall not be permitted to be located within 1,000 feet of any other off-track betting parlor;

B. No off-track betting parlor shall be located within 1,000 feet of any residentially zoned land;

C. No off-track betting parlor shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

(1) Amusement park;

(2) Camp (for minors' activity);

(3) Child care facility;

(4) Church or similar religious facility;

(5) Community center;

(6) Museum;

(7) Park;

(8) Playground;

(9) Residence;

(10) School; or

(11) Other lands where minors may congregate;

D. The distance between any two off-track betting parlors shall be measured in a straight line, without regard to intervening structures, from the closest points on the exterior parcel line of each establishment;

E. No more than one off-street betting parlor may be located within one building or shopping center;

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

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

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

I. Off-street parking shall be provided at the rate of one space per each 65 square feet of gross floor area, including related dining, restaurant, and snack bar areas; and

J. Each off-track betting parlor shall comply with the Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations pertaining to non-primary locations, as defined therein.

§ 180-92 Personal care facilities.

Within all zones, personal care facilities may be permitted by special exception, subject to the following criteria:

A. Personal care facilities shall be proposed only on lots with public water and public sewage disposal facilities; on-lot water supply or sewage disposal shall be strictly prohibited;

B. The site shall consist of at least two contiguous acres;

C. All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets;

D. Personal care facilities may erect one sign no larger than 12 square feet per face which must be set back at least 10 feet from all lot lines;

E. At least 10% of required parking spaces shall be designed for handicapped persons;

F. The maximum permitted density of residents shall be 12 beds per acre; and

G. The applicant shall obtain land development approvals and an approval from the Commonwealth of Pennsylvania Licensing Agency.

§ 180-93 Principal waste handling facilities.

Within the I Zone, principal waste handling facilities (including transfer stations) may be permitted by special exception, subject to the following criteria:

A. All principal waste handling facilities for municipal and residual wastes, as defined by the PADEP, shall be operated, or designed to be operated, by a municipal authority;

B. Any processing and/or treatment of waste (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building;

C. No waste shall be deposited, stored, or disposed of and no building or structure shall be located within 200 feet of any property line or within 500 feet of any residentially zoned property or parcel on which a residence exists;

D. Any external area used for the unloading, transfer, storage, or deposition of waste must be completely screened from 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 dimension;

E. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable commonwealth and federal standards and regulations;

F. The use shall be screened from all adjoining properties;

G. All uses shall provide sufficiently long stacking lanes on the site so that vehicles waiting to be weighed and/or unloaded will not back up onto Township roads;

H. All access drives on the site shall be completely paved, except in the case of landfills where access drives are required to be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's tires;

I. Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against 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 and locations;

J. Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township;

K. The unloading, processing, treatment, and disposal of waste shall be continuously supervised by a qualified facility operator;

L. Any waste that is to be recycled shall be stored in leak- and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building;

M. All storage of waste shall be indoors in a manner that is leak- and vector-proof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation, but in no event for more than 24 hours;

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

O. Leachate from the waste shall be disposed of in compliance with any applicable commonwealth and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment shall be required and 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 PADEP's regulations;

P. 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;

Q. Water feasibility study.

(1) In addition, if the facility is to rely upon nonpublic sources of water, a water feasibility study shall be provided to enable the Township to evaluate the impact of the proposed facility 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 facility and to estimate the impact of the new facility on existing wells in the immediate area. The water feasibility study shall be reviewed by the Township Engineer, at the cost of the applicant;

(2) A water system which does not provide an adequate supply of water for the proposed facility, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed facility, shall not be approved by the Township; and

(3) The water feasibility study shall include, at a minimum:

(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 shall be determined;

(g) A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table; and

(h) A statement of the qualifications, signature(s), and professional seal(s) of the person(s) preparing the study. This individual (these individuals) shall be qualified to perform such studies in accordance with the directives of the Commonwealth of Pennsylvania, Department of Professional and Occupational Affairs;

R. The applicant shall provide a traffic analysis prepared by a professional engineer with specific training in traffic engineering. This study shall demonstrate the acceptability of the proposed methods of traffic control and further that the capacities of existing roadways and intersections will not be adversely impacted by the proposed development;

S. 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;

T. The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste materials during transport to and from the site and potential hazards regarding fire fighting of waste materials upon the site; and

U. No principal waste handling facility shall be located within one mile of another principal waste handling facility, as measured in a straight line between the closest points on the property lines.[1]

[1] Editor's Note: Former Subsection V, regarding permitted hours of ingress and egress for currently existing principal waste hauling facilities in zones other than the Industrial Zoning District, added 10-12-2010 by Ord. No. 2010-9, and which immediately followed this subsection, was repealed 12-13-2011 by Ord. No. 2011-7.

§ 180-94 Public and private schools.

Within the A/RR and VR Zones, public and private schools are permitted by special exception, subject to the following criteria:

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

B. All off-street parking lots shall be set back a minimum of 25 feet and shall be screened from all property lines;

C. All buildings shall be set back at least 100 feet from all property lines;

D. If education or day-care is offered below the college level, an outdoor play area shall be provided, at the rate of 65 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 a minimum of 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjacent properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (e.g., poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as shade trees or pavilions;

E. Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period;

F. Passenger drop-off and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site; and

G. Accessory uses customarily incidental to the above permitted uses.

§ 180-95 Recycling facilities for paper, plastic, glass and metal products.

Within the I Zone, recycling of paper, plastic, glass and metal products may be permitted by special exception, subject to the following criteria:

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

B. There shall be no outdoor storage of materials processed, used, or generated by the operation;

C. The applicant shall explain the scope of operation and offer expert testimony regarding the measures used to mitigate problems associated with noise, fumes, dust, and litter;

D. The applicant will be required to assure regular maintenance of the site to collect immediately stray debris; and

E. The pertinent applicable criteria established in § 180-93 shall also apply to recycling facilities.[1]

[1] Editor's Note: Former Subsection F, regarding permitted hours of ingress and egress for permitted transfer stations in zones other than the I Zoning District, added 10-12-2010 by Ord. No. 2010-9, and which immediately followed this subsection, was repealed 12-13-2011 by Ord. No. 2011-7.

§ 180-96 Restaurant.

Within the A/RR Zone, restaurants may be permitted by special exception, subject to the following conditions;

A. Fast-food restaurants and/or nightclubs are expressly prohibited.

B. Restaurants shall be proposed only on lots with public water and public sewage disposal facilities. On-lot water supply and sewage disposal shall be strictly prohibited.

C. The site shall consist of a minimum of two contiguous acres.

D. All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets.

E. One freestanding sign, not to exceed 12 square feet per side, shall be permitted. Such sign shall be located not closer than 20 feet to any adjoining property line nor closer than 10 feet to any street right-of-way line.

F. Access for the restaurant shall be to and from an arterial or collector street only. Direct access onto local streets is expressly prohibited.

G. The maximum total floor area utilized for patron service shall not exceed 2,500 square feet. This area shall be the maximum total permitted floor area, comprised of the sum of areas accessible to the general public, as well as any area set aside for private parties or banquets.

H. Carry-out service shall be permitted; however, drive-through service is expressly prohibited. Where carry-out service is provided, the floor area dedicated to such service shall not exceed 10% of the floor area utilized for patron service.

§ 180-96.1 Short-term rental standards.

[Added 11-10-2020 by Ord. No. 2020-3]

A. Overnight occupancy of a short-term rental shall be limited to no more than two persons per bedroom plus two additional persons per dwelling unit up to a maximum of 10 total persons.

B. The maximum number of day guests allowed at any one time, in addition to the overnight occupants, shall be 75% of the maximum overnight occupancy of the short-term rental.

C. The maximum number of bedrooms permitted for a short-term rental is five.

D. Outdoor parking for overnight and day guests shall be limited to available parking areas on the short-term rental property. In no event shall parking for short-term rental guests include spaces in any private, community or public street right-of-way. Parking spaces shall be a minimum of nine feet in width by 18 feet in length with adequate aisle space to facilitate access and use. Any expansion of parking areas for a short-term rental requires prior Township approval. Parking areas shall be maintained in a mud-free condition with paving, stone or similar material and shall count as part of the maximum lot coverage limits as set forth in the Lehigh Township SALDO. Notwithstanding the above, a short-term rental plan shall provide one parking space per bedroom and one parking space for every two-day guests.

E. Neither short-term rental occupants nor guests shall engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person by loud, unusual or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting, or creating a dangerous or physically offensive condition without good reason.

F. The owner shall use best efforts to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate provisions of the Lehigh Township Code of Ordinances or any state law pertaining to noise or disorderly conduct including, but not limited to, notifying the occupants of the rules regarding short-term rentals and responding when notified that occupants are violating laws, ordinances or regulations regarding their occupancy.

G. The owner shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct or otherwise violated provisions of the Lehigh Township Code ordinances or state law pertaining to noise or disorderly conduct, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests.

H. Overnight occupancy of recreational vehicles, camper trailers and tents at the property where the short-term rental is located is prohibited. Outdoor overnight sleeping of occupants or guests of the short-term rental is prohibited.

I. All short-term rentals shall have a clearly visible and legible notice posted within the dwelling unit on or adjacent to the front door containing the following information:

(1) The name of the managing agency, agent, property manager, local contact or owner of the unit and a telephone number at which that party can be reached on a twenty-four-hour basis.

(2) The 911 address of the property.

(3) The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.

(4) The maximum number of all vehicles allowed to be parked on the property and the requirement that all guest parking must be on the property and not in or along any private, community or public street right-of-way.

(5) The trash pick-up day and notification that trash and refuse shall not be left or stored on the exterior of the property except in water-tight metal or plastic cans from 6:00 p.m. of the day prior to trash pickup to 6:00 p.m. on the day designated for trash pick-up.

(6) Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Lehigh Township Code of Ordinances, including parking and occupancy limits.

(7) Notification that short-term rental occupants and guests are required to make the dwelling unit available for inspection by the Zoning Officer upon request.

J. All short-term rentals shall be equipped with the following:

(1) Smoke detectors in each bedroom;

(2) Smoke detectors outside each bedroom in common hallways;

(3) Smoke detectors on each floor;

(4) All smoke detectors must be hard wired.

(5) GFI outlets for outlets located within six feet of water source;

(6) Aluminum or metal exhaust from dryer;

(7) Carbon monoxide detector, if open flame (oil or gas), furnace, gas or wood fireplace, or wood-burning stove;

(8) Carbon monoxide detector if garage is attached;

(9) Fire extinguisher in kitchen and one fire extinguisher on each floor and one in each bedroom;

(10) Stairs (indoor and outdoor) in good condition;

(11) Covers on all outlets;

(12) All bedrooms shall have a direct means of ingress and egress; and

(13) Any other occupancy requirements which may be added by ordinance revision.

K. All short-term rentals shall have a fully functional septic system which shall be "pumped out" once per year. Written verification to be provided each year to the zoning officer.

L. There shall be no visible signage in any public or private right-of-way.

M. Fees, term and renewal.

(1) Short-term rental license fees, payable to the Township upon the filing of a short-term rental license application, shall be in such amount as may be established by resolution duly adopted by the Board of Supervisors.

(2) Any short-term rental license is good for a period not to exceed one year from the date of issuance and must be renewed annually. Short-term rental license renewal fees, payable to the Township upon the filing of a short-term rental license renewal application, shall be in such amount as maybe established by resolution duly adopted by the Board of Supervisors.

(a) Short-term rental license renewal shall require inspections outlined in Subsection N, below.

(b) Short-term rental license renewal applications shall contain information regarding any changes from the immediately preceding application with respect to matters governed by this section.

N. Inspections required.

(1) All short-term rentals shall be subject to inspection by the Zoning Officer and the Building Code Official to verify application information, license, license renewal and/or operating requirements.

(2) If there is reason to believe that any provision of this chapter is being violated, the Zoning Officer, upon one-half-hour prior notice to Owner, may enter onto the premises for the purpose of inspection of any and all premises, properties, buildings and/or structures located at the premises in order to ascertain the existence of a violation(s). Said notice may be given by telephone call, voice message or email to the owner.

§ 180-97 Shopping centers or malls.

Within the GC Zone, shopping centers or malls may be permitted by special exception, subject to the following criteria:

A. The subject property shall front on an arterial or collector road, and all access drives shall be set back at least 200 feet from the intersection of all street right-of-way lines.

B. The minimum lot size shall be three acres.

C. The minimum lot width shall be 200 feet.

D. The maximum permitted lot coverage shall be 70%.

E. A minimum of 5.5 off-street parking spaces shall be provided for each 1,000 square feet of gross leasable floor area.

F. Both public water and public sewer service shall be provided.

G. A traffic study prepared by a professional engineer with specific training in traffic engineering shall be submitted. This study shall demonstrate the acceptability of the proposed method of traffic control and further that the capacities of existing roadways and intersections will not be adversely impacted.

H. The shopping center or mall shall be permitted to use planned center signs as regulated by § 180-38 of this chapter.

§ 180-98 Skilled nursing facility.

Within the GC Zone, skilled nursing facilities may be permitted by special exception, subject to the following criteria:

A. Skilled nursing facilities shall be proposed only on lots with public water and public sewage disposal facilities; on-lot water supply or sewage disposal shall be strictly prohibited;

B. The site shall consist of at least two contiguous acres;

C. All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets;

D. A skilled nursing facility may erect one sign no larger than 12 square feet per face which must be set back at least 10 feet from all lot lines;

E. At least 10% of required parking spaces shall be designed for handicapped persons;

F. The maximum permitted density of residents shall be 12 beds per acre; and

G. The applicant shall obtain land development approvals and an approval from the Commonwealth of Pennsylvania Licensing Agency.

§ 180-99 Slaughtering, processing, rendering and packaging of food products and their by-products.

Within the I Zone, slaughtering, processing, rendering and packaging of food products and their by-products may be permitted by special exception, subject to the following criteria:

A. Minimum lot area shall be five acres;

B. The subject site shall have direct access to a collector or arterial road;

C. Public sewer and water supplies shall be utilized;

D. All aspects of the slaughtering, processing, rendering, and/or packaging operations, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building;

E. All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard;

F. The applicant shall furnish a working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines and which shall be continuously implemented;

G. All animal wastes shall be regularly cleaned up and properly disposed of so as not to be objectionable at the site's property lines;

H. The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals;

I. The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels;

J. The loading and unloading of trucks shall be restricted to the hours between 8:00 a.m. and 8:00 p.m.;

K. No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet or any property line nor within 500 feet of any land within a residential zone or upon which a residence exists;

L. All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot landscape strip;

M. Sewer and water lines shall not meet within or beneath the plant and shall further be designed and installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at a greater depth than water lines;

N. Where wastewater pretreatment is required by the EPA or PADEP or Township authority, wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PADEP regulations;

O. All unusable animal by-products shall be stored indoors in leak- and vector-proof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily removal of such waste products. In no case shall any waste products remain on the site for more than 24 hours;

P. The applicant must demonstrate written compliance with, and continue to comply with, all applicable Township, commonwealth, and federal standards and regulations;

Q. The use shall provide sufficiently long on-site stacking lanes and on-site loading/unloading areas so that trucks waiting to be loaded/unloaded will not back up onto Township roads. No parking or loading/unloading shall be permitted on or along any Township road;

R. Access.

(1) Vehicular access shall be arranged so as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads;

(2) All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of shoulder of an intersecting public street. No sight obstructions shall be permitted which are greater than two feet or less than 10 feet above the street surface;

	Speed Limitation on Public Street (miles per hour)	Required Sight Distance (feet)
	25	240
	30	275
	35	315
	40	350
	45	425
	50	475
	55	550

S. All access drives onto the site shall have a paved minimum cartway 35 feet wide for a distance of at least 200 feet from the street right-of-way. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's tires; and

T. The applicant shall furnish a traffic study prepared by a professional engineer with specific training in traffic engineering. This study shall demonstrate the acceptability of the proposed methods of traffic control and further that the capacities of existing roadways and intersections will not be adversely impacted by the development.

§ 180-100 Stables and kennels.

Within the A/RR and BMC Zones, stables and kennels are permitted by special exception, subject to the following criteria:

A. Minimum lot area shall be 10 acres for stables and two acres for kennels;

B. Any structure used for the boarding of horses and/or dogs shall be set back at least 200 feet from any property line;

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

D. All outdoor training, show, riding, boarding, running, or pasture areas shall be enclosed by a minimum four-foot-high fence which is located at least 10 feet from all property lines; and

E. 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 parking and/or movement of vehicles across neighboring properties.

§ 180-101 Temporary farm employee housing.

Within the A/RR Zone, temporary farm employee housing shall be permitted by special exception, subject to the following standards:

A. For each farm, one mobile home is permitted for the use of farm workers (and their families) who are employed by the owner of the farm, for such time as the employee works the land of the owner.

B. Such unit shall be located within the rear yard of the farm dwelling and shall further comply with all setback requirements imposed on single-family detached dwellings.

C. Such mobile home shall be securely anchored to a mobile home stand, a six-inch-thick poured concrete slab over a six-inch stone base, the length and width of which shall be at least equal to the dimensions of the mobile home.

D. Utilities.

(1) For sewage disposal and water supply and all other utilities, the mobile home shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable utility company standards.

(2) If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Zoning Hearing Board showing that the total number of occupants (or bedrooms as applicable) in both the principal dwelling and the mobile home will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals shall be submitted. Any connection, or addition, to an existing on-lot sewage disposal system shall be subject to the review and approval of the Township Sewage Enforcement Officer.

E. The mobile home shall be occupied at least 120 days a year by at least one person who is employed on the farm where the mobile home is located. If this condition is not satisfied, the mobile home shall be removed within 120 days.

§ 180-102 Truck or motor freight terminals.

Within the I Zone, truck or motor freight terminals may be permitted by special exception, subject to the following criteria:

A. Access shall be directly to a collector or arterial road; and

B. The applicant shall furnish a traffic study prepared by a professional engineer with specific training in traffic engineering. This study shall demonstrate the acceptability of the proposed methods of traffic control and further that the capacities of existing roadways and intersections will not be adversely impacted by the proposed facility.

§ 180-103 Truck stops.

Within the I Zone, truck stops may be permitted by special exception, subject to the following criteria:

A. The subject property shall have a minimum of 300 feet of road frontage along a collector or arterial road.

B. The subject property shall be located no closer than 500 feet to any residential zone and/or property containing a day-care facility, hospital, library, personal care facility, medical residential campus, park, playground, residence, school, or skilled nursing facility.

C. All structures (including but not limited to air compressors, fuel pump islands, kiosks, etc.) shall be set back at least 50 feet from all street right-of-way lines.

D. Access drives shall be a minimum of 28 feet and a maximum of 35 feet wide. All access drives onto the same road shall be separated at least 150 feet from one another, as measured from the closest points of the cartway edges.

E. Off-street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop. The applicant shall also present credible evidence that the number of oversized off-street parking spaces provided for trucks will be adequate to accommodate the expected demand generated by truck patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak travel periods.

F. Trash receptacles shall be provided amid off-street parking areas which shall be routinely emptied. Furthermore, a working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant.

G. All uses involving drive-through restaurant and/or drive-through vehicle services and/or washing shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.

H. All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operation shall be permitted.

I. The outdoor storage of unlicensed vehicles is prohibited.

J. All vehicles and machinery shall be repaired and removed from the premises promptly.

K. The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within two weeks after arrival.

L. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines.

M. The applicant shall submit a traffic study prepared by a professional engineer with specific training in traffic engineering. This study shall demonstrate the acceptability of the proposed methods of traffic control and further that the capacities of existing roadways and intersections will not be adversely impacted by the proposed development.

N. The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable commonwealth and federal regulations.

§ 180-104 Vehicles over 7,000 pounds gross vehicle weight.

Trucks and other commercial vehicular equipment over 7,000 pounds' gross vehicle weight (GVW) are prohibited in all residential zoning districts, except when located in a garage or a fully enclosed structure or in such a manner as not to be visible from adjacent rights-of-way or from the windows of structures on adjacent residential lots. Vehicles to be parked or stored must be owned or legally controlled by the residents or occupants of the principal use. Small pickup trucks and/or vans are excluded from this requirement.

§ 180-105 Warehousing and wholesale trade establishments.

[Amended 3-13-2018 by Ord. No. 2018-3]

Within the I Zone, warehousing and wholesale trade establishments may be permitted by conditional use, subject to the following criteria:

A. The applicant shall provide a detailed description of the proposed use which addresses each of the following topics:

(1) The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with commonwealth and federal regulations;

(2) The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, and an overall needed site size; and

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

B. The applicant shall provide a traffic study prepared by a professional engineer with specific training in traffic engineering. This study shall demonstrate the acceptability of the proposed methods of traffic control and further that the capacities of existing roadways and intersections will not be adversely impacted by the proposed development.

C. Additional criteria.

(1) The maximum building height shall be 44 feet.

(2) The total maximum lot coverage is as follows: 75%.

(3) A one-hundred-foot-wide raised berm buffer yard shall be constructed in the front yard of any warehouse along the entire length of the property line. The two side yards shall meet and comply with the buffering requirements of § 180-33.

(4) The buffer yards shall be measured from the building lot line of the proposed warehouse.

(5) The buffer yard shall be landscaped with vegetative ground cover and evergreen and deciduous trees, flowering trees, and shrubs.

(6) The buffer yard shall be a landscape area free of roads, sidewalks, driveways, parking lots, storage, buildings and structures of any kind, except for emergency access roads or pathways and/or sidewalks or drainage and/or utility facilities as may be required by Township ordinances or fire or safety regulations and/or as may be required and/or approved by the Board of Supervisors.

(7) The raised berm in the buffer yard may be undulating but shall have an average height of 14 feet or as otherwise approved by the Board of Supervisors during the site plan or land development plan review and/or conditional use hearing process. For property frontages abutting arterial and/or collector roads, this requirement shall be reduced to an average height of four feet.

(8) Minimum tree requirements.

(a) The trees and shrubs shall be planted in the following minimum amounts per 100 linear feet of buffer, as measured parallel to the buffer yard.

[1] Ten evergreen trees.

[2] Five deciduous trees.

[3] Three flowering trees.

[4] Ten shrubs.

(b) This landscaping shall be provided in addition to any landscaping required by other Township regulations, except those required specifically as a buffer screen as set forth in § 180-33.

(c) The plants shall be arranged on berms to provide a visual barrier of any nonresidential use. A minimum of 1/2 of the shrubbery and flowering trees should be planted on the residential side of the berm.

(d) The height of evergreen trees shall be a minimum of eight feet at the time of planting measured from the finished grade. The average size of deciduous trees shall be a minimum of two-inch caliper measured three feet above the finished grade, and deciduous trees shall also have a minimum height of 12 feet at the time of planting. Flowering trees shall be a minimum of seven feet high at the time of planting. Shrubs shall be a minimum of 30 inches in height at the time of planting.

(e) Berms within the buffer yards shall have a minimum slope of 3:1.

(9) Idling restrictions. The applicant shall demonstrate what site features and/or signage will be proposed to ensure compliance with Pennsylvania Act 124 of 2008,[1] as amended.

[1] Editor's Note: See 35 P.S. § 4601 et seq.

(10) The applicant shall demonstrate the development will not exceed the noise restrictions criteria forth in zoning § 180-49.

(11) The time of deliveries, hours of operation and all other activities are to be conducted on site and shall be provided to the Township with the submission of the conditional use application.

(12) Any drone operations shall be set forth in the conditional use application and shall be limited to 7:00 a.m. to 9:00 p.m. but not after sunset.

(13) Off-street parking and loading shall be provided as required by § 180-37 of this chapter; however, the Board of Supervisors shall have the discretion to impose additional conditions to ensure all staging and/or queuing occurs within the lot.

(14) Truck access and operations shall not conflict with the convenience and safety of all the traffic and parking.

(15) Trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins, or similar items shall not be stored.

(16) See requirements in § 180-39 for outdoor storage and display requirements.

(17) Access shall be to a collector or arterial roadway, built to Township standards and connected to the nearest collector or arterial built to those standards.

(18) Comply with all of the general standards and conditions set forth in §§ 180-22 and 180-128.

(19) Traffic study. Applicant shall provide a traffic study pursuant to § 180-41.

(20) Off-street parking, loading spaces, staging spaces and docks required.

(a) Off Street parking: 1.2 parking spaces for every one employee at peak periods of operation.

(b) Number of staging spaces: two ten-foot-by-eighty-foot truck "staging" spaces for every one loading/dock.

(c) Number of loading spaces. There shall be one loading space for every dock.

(d) Number of docks. The number of docks shall be determined by the following calculation:

Number of trucks per hour x turnaround time per truck = number of required docks.

[1] The number of docks determined by the above formula shall be rounded up to the next whole number, and the applicant shall demonstrate how peak delivery hours will affect this calculation.

[2] By way of example: 36 trucks are required to be serviced within an eight-hour period (standard workday), each requiring 45 minutes to service. This equates to 4.5 trucks per hour x 0.75 hour per truck = 3.375 docks required, rounded up to four docks.

(21) Snow designation area/removal. Applicant shall comply with § 180-52I. The designated snow area shall not include any parking space that is required for the site per the Zoning Ordinance.

(22) When permitted as a conditional use, the applicant shall provide a detailed description of the proposed use in each of the following topics:

(a) The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.

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

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

(d) The applicant shall present credible evidence that the number of "oversized" off-street parking spaces provided for trucks will be adequate to accommodate the expected demand generated by the warehouse activities.

(e) A traffic study prepared by a professional traffic engineer, licensed in the State of Pennsylvania.

§ 180-106 Wholesale produce and tobacco auctions.

Within the I Zone, wholesale produce and tobacco auctions may be permitted by special exception, subject to the following criteria:

A. No part of the subject property shall be within 200 feet of any residentially zoned property or any property on which a residence exists;

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

C. The operator of the produce and/or tobacco auction shall be responsible for removing any mud from public roads caused by persons traveling to and from the auction;

D. The applicant shall be required to provide sufficient off-street parking and loading so as not to require such parking or loading on or along any road or upon adjoining property. If at any time after the opening of the facility the Supervisors determine that parking, loading or traffic backups are occurring on adjoining roads and such are directly related to the lack of on-site facilities on the subject property, the Supervisors can require the applicant to revise and/or provide additional on-site parking and/or loading space. In addition, the Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;

E. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and/or pollution;

F. The proposed use shall front on, and directly access, a collector or arterial road;

G. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations;

H. The applicant shall submit and continuously implement a working plan for the cleanup of litter and other debris; and

I. The applicant shall submit a traffic study performed by a professional engineer with specific training in traffic engineering. This study shall demonstrate the acceptability of the proposed methods of traffic control and further that the capacities of existing roadways and intersections will not be adversely impacted by the proposed development.

§ 180-107 Principal solar energy systems.

[Added 10-23-2012 by Ord. No. 2012-2[1]]

A. New principal solar energy systems, or any upgrades, modification, or structural changes that alters the size or placement of an existing solar energy system, shall comply with the provisions of this section;

B. A principal solar energy system shall be a conditional use in the Industrial (I) Zoning District and subject to specific criteria as set forth in Subsection D below.

[Amended 10-10-2023 by Ord. No. 2023-6]

C. A principal solar energy system shall be a conditional use in the Industrial (I) Zoning District as a principal use herein, subject to the specific criteria listed below in Subsection D. If a facility is classified and defined as a "principal solar energy production facility," it shall be deemed a principal use.

[Amended 10-10-2023 by Ord. No. 2023-6]

D. Principal solar energy system criteria.

(1) A solar energy system may be roof mounted or ground mounted.

(2) Roof-mounted solar energy systems.

(a) In no instance shall any part of a roof-mounted solar energy system extend beyond the edge of the roof.

(b) The solar panels shall not exceed the height of the roofline on a pitched roof. On a flat roof, the solar panels shall be angled such that they are not more than three feet above the roofline, and the height of the solar panels shall not exceed the height requirements for the nonresidential or residential zoning district in which the solar energy system is located.

(c) For any solar panel to be constructed on the rooftop of a new building or structure, the applicant must demonstrate that the solar panels are not visible from the ground level of any neighboring property within 500 feet of the nearest proposed rooftop solar panel.

(3) Ground array solar energy systems.

(a) Ground arrays shall not exceed a height of 15 feet above the ground.

(b) Ground arrays are subject to a setback distance of no less than 20 feet from the front, rear or side yards or from the setback distance prescribed for any structure for the zoning district in which the ground array is to be constructed, whichever is greater.

(c) All ground arrays shall be enclosed with fencing in order to provide for the security and safety of the solar energy system and the public.

(d) The applicant must make reasonable provisions for emergency lighting for purposes of security and safety. The ground array shall not be artificially lighted for any other purpose.

(e) The surface of a ground-mounted solar energy panel(s), regardless of the mounted angle, shall be calculated as part of the overall lot coverage and be deemed impervious coverage. Impervious coverage shall be determined by calculating the total square footage area of all combined solar collector panels or the total square footage area of all combined footprint bases of the solar collector panels. Whichever calculation produces the greater square footage area shall be the impervious coverage area.

(f) All ground-mounted solar energy mechanical equipment shall be screened from any adjacent property that is used for residential purposes. The screen shall consist of shrubbery, trees or other noninvasive plant species as set forth in § 180-33 to provide a visual screen from any adjacent property that is zoned or used for residential and/or commercial purposes. The screening shall be placed within the line-of-sight distance from adjacent properties. If the panels are fixed, screening shall be to the base of the panel for the side facing the sun. The remaining sides shall be fully screened. If the panels rotate with the sun, the panels shall be screened to the base of the panel in all rotational directions. The other sides shall be fully screened. Screening shall not be located in the utility easement area. There shall not be a display of advertising except for the reasonable identification of the panel, inverter or other equipment manufacturer.

(g) If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal shall be graded and reseeded.

(h) If a ground-mounted solar energy system is defective or deemed unsafe by the Building Code Official, the solar energy system shall be repaired by the owner to meet the then current federal, state and local safety standards. Alternatively, the solar energy system shall be removed by the property owner within the time period allowed by the Building Code Official. If the owner fails to remove or repair the defective and/or abandoned solar energy system, the Township may pursue legal action to have the system removed at the owner's expense.

(i) The applicant shall provide sufficient financial security pursuant to § 147-3 of this Code in an amount to cover the costs to decommission the ground array solar energy system according to all applicable state and federal regulations.

(4) Requirements applicable to rooftop solar energy systems and ground array solar energy systems.

(a) Any glare from a solar panel shall be directed away from an adjoining property.

(b) The installation of a solar energy system shall conform, to the extent applicable, to the Pennsylvania Uniform Construction Code, regulations, if any, adopted by the Pennsylvania Department Labor and Industry, and to applicable industry standards, including those of the American National Standards Institute. Manufacturer's data and certificates of design compliance shall be submitted with the land development plan.

(c) The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

(d) The applicant shall demonstrate that reasonable efforts have been taken to avoid any disruption, interference with, or loss of radio, telephone, television or similar signals and shall mitigate any such harm caused by the nonresidential solar energy system.

(5) Decommissioning of the ground array solar energy system.

(a) The facility owner and/or operator of a ground array solar energy system shall, at its expense, complete decommissioning of the facility within six months after the facility is abandoned or at the end of its useful life. Such a facility will be presumed to be abandoned or at the end of its useful life if no electricity is generated for a continuous period of 12 months.

(b) Decommissioning shall include the removal of the ground array solar energy system and any other associated facilities and the cleaning and restoration of the site.

(c) If the decommissioning has not been completed within said six-month period, then the Township shall give written notice, to the landowner and/or facility owner and operator, to accomplish the decommissioning within 30 days.

(d) If the decommissioning has not been completed within 30 days of said written notice by the Township, then the Township may accomplish said decommissioning and charge the landowner and/or facility owner and operator for all the costs and expenses, including reasonable attorney's fees for collection.

[1] Editor's Note: This ordinance also redesignated former §§ 180-107 through 180-127 as §§ 180-108 through 180-128, respectively.

§ 180-107.1 Oil and gas activities.

[Added 8-28-2018 by Ord. No. 2018-6]

A. Oil and gas meter/gathering facility (minor).

(1) Zoning permit application required.

(2) Grading plan required.

(3) Compliance with all applicable state and federal law.

(4) Fencing: J barriers and site orientation required.

(5) Signage: Include a description of the proposed signage. Approval of signage by emergency services. Applicant to comply with all applicable Township ordinances.

(6) Emergency response plan; Township Police Department, fire personnel, EMS approval and sign off required. Applicant to provide training to local departments.

(7) Comply with Subsection I below.

B. Oil and gas meter/gathering facility (major).

(1) Zoning permit application: to include a project narrative, construction start/stop dates, a site plan and any additional requirements by law.

(2) Land development plan.

(3) Compliance with all applicable state and federal law.

(4) Buffering: must comply with any and all requirements of § 180-33 entitled "commercial uses."

(5) Fencing: eight-foot chain link fence, concrete footers, color/screening (green, brown, tan, black), J - barriers, site orientation.

(6) Signage: description of proposed signage, emergency services review and approval; compliance with any and all Township ordinances.

(7) Lighting: a description of the proposed lighting provided on the plan; compliance with Township ordinances.

(8) Emergency response plan:

(a) Township Police Department, Fire Department and EMS review, approval, and sign off.

(b) Applicant to provide training to local departments.

(9) Comply with Subsection I below.

C. Oil and gas pipelines.

(1) Zoning permit application: to include a project narrative, construction start/stop dates, a site plan and any additional requirements by law.

(2) Compliance with all applicable state and federal laws.

(3) Truck routes: road use plan, demonstrating minimal impact to local roads, overweight vehicles prohibited unless road is properly bonded.

(4) Emergency response plan:

(a) Township Police Department, Fire Department and EMS review, approval and sign off.

(b) Application to provide training for local departments.

(5) Comply with all conditions set forth in Subsection J below.

D. Oil and gas compressor station.

(1) Zoning permit application: to include a project narrative, construction start/stop dates, a site plan, site address assigned, and any additional requirements by law.

(2) Land development plan.

(3) Compliance with all applicable state and federal laws.

(4) Setbacks:

(a) From any dwellings, public spaces, churches, health care facilities: 1,000 feet;

(b) From public and/or private schools: 2,500 feet;

(c) From any property line and/or right-of-way: 100 feet.

(5) Buffering: compliance with requirements of § 180-33 for "commercial uses."

(6) Fencing: eight-foot chain link fence, concrete footers, color/screening (green, brown, tan, black), gated facility, J-barriers.

(7) Access roads/pads:

(a) Easement/rights-of-way, fifty-foot setback from property lines.

(b) First 50 feet paved, remainder in stone.

(c) Minimum width: 24 feet.

(8) Truck routes:

(a) Road use plan.

(b) Road use log submitted to Township annually.

(c) Demonstrating minimal impact to local roads.

(d) Overweight vehicles prohibited, unless road is properly bonded.

(e) Turning templates provided for largest vehicles on site.

(9) Signage: description of proposed signage, emergency services review and approval; compliance with any and all Township ordinances.

(10) Lighting: a description of the proposed lighting; compliance with Township ordinances.

(11) Emergency response plan:

(a) Township Police Department, Fire Department and EMS review, approval and sign off.

(b) Applicant to provide training to all local departments.

(12) Sound and vibrations:

(a) Noise study/analysis.

(b) Township nuisance limitations.

(c) Ongoing monitoring/mitigation.

(d) Required enclosures.

(13) Operating times: limit days/hours of operations.

(14) Comply with the below Subsection H below.

E. Oil and gas processing facility.

(1) Zoning permit application: to include a project narrative, construction start/stop dates, a site plan, site address assigned, and any additional requirements by law.

(2) Land development plan.

(3) Compliance with all applicable state and federal laws.

(4) Setbacks:

(a) From any dwellings, public spaces, churches, health care facilities: 1,000 feet;

(b) From public and/or private schools: 2,500 feet;

(c) From any property line and/or right-of-way: 100 feet.

(5) Buffering: compliance with the requirements of § 180-33 entitled "commercial uses."

(6) Fencing: eight-foot chain link fence, concrete footers, color/screening (green, brown, tan, black), gated facilities, J - barriers.

(7) Access roads/pads:

(a) Easement/rights-of-way, fifty-foot setback from property lines.

(b) First 50 feet paved, remainder in stone.

(c) Minimum width: 24 feet.

(8) Truck routes:

(a) Road use plan.

(b) Road use log submitted to Township annually.

(c) Demonstrating minimal impact on local roads.

(d) Overweight vehicles prohibited, unless road is properly bonded.

(e) Turning templates provided for largest vehicles on site.

(9) Signage: description of proposed signage, emergency services review and approval; compliance with any and all Township ordinances.

(10) Lighting: a description of the proposed lighting; compliance with Township ordinances.

(11) Emergency response plan:

(a) Township Police Department, Fire Department and EMS review, approval and sign off.

(b) Applicant to provide training to local departments.

(12) Sound and vibrations:

(a) Noise study/analysis.

(b) Township nuisance limitations.

(c) Ongoing monitoring/mitigation.

(d) Required enclosures.

(13) Operating times: limit days/hours of operations.

(14) Comply with the below Subsection K below.

F. Oil and gas well.

(1) Zoning permit application: to include a project narrative, construction start/stop dates, a site plan, site address assigned, and any additional requirements by law.

(2) Land development plan.

(3) Compliance with all applicable state and federal laws.

(4) Setbacks:

(a) From any dwellings, public spaces, churches, health care facilities: 1,000 feet;

(b) From public and or private schools: 2,500 feet;

(c) From any property line and/or right-of-way: 100 feet.

(5) Buffering: compliance with requirements of § 180-33 entitled "commercial uses."

(6) Fencing: gated facility.

(7) Access roads/pads:

(a) Easement/rights-of-way: fifty-foot setback from property lines.

(b) First 50 feet paved, remainder in stone.

(c) Minimum width: 24 feet.

(8) Truck routes:

(a) Road use plan.

(b) Road use log submitted to Township annually.

(c) Demonstrating minimal impact to local roads.

(d) Overweight vehicles prohibited, unless road is properly bonded.

(e) Turning templates provided for largest vehicles on site.

(9) Signage: description of proposed signage, emergency services review and approval; compliance with any and all Township ordinances.

(10) Emergency response plan:

(a) Township Police Department, Fire Department and EMS review, approval and sign off.

(b) Applicant to provide training to local departments.

(11) Operating times: limit days/hours of operations.

(12) Comply with the below Subsection L below.

G. Water impoundments:

(1) Zoning permit application: to include a project narrative, construction start/stop dates, a site plan, site address assigned, and any additional requirements by law.

(2) Land development plan.

(3) Compliance with state and federal law.

(4) Setbacks:

(a) From any dwellings, public spaces, churches, health care facilities: 1,000 feet;

(b) From public and or private schools: 2,500 feet;

(c) From any property line and/or right-of-way: 100 feet.

(5) Buffering: compliance with the requirements of § 180-33 for "commercial uses."

(6) Fencing: eight-foot chain link fence, concrete footers, color/screening (green, brown, tan, black); gated facility.

(7) Access roads/pads:

(a) Easement/rights-of-way, fifty-foot setback from property lines.

(b) First 50 feet paved, remainder in stone.

(c) Minimum width: 24 feet.

(8) Truck routes:

(a) Road use plan.

(b) Road use log submitted to Township annually.

(c) Demonstrating minimal impact to local roads.

(d) Overweight vehicles prohibited, unless road is properly bonded.

(e) Turning template is provided for largest vehicles on site.

(9) Signage: description of proposed signage, emergency services review and approval; compliance with any and all Township ordinances.

(10) Emergency response plan:

(a) Township Police Department, Fire Department and EMS review, approval and sign off.

(b) Applicant to provide training to local departments.

(11) Operating times: limit days/hours of operations.

H. Oil and gas compressor stations specific requirements. A company shall obtain the permits required by this section, which are in addition to, and are not in lieu of, any permit that may be required by any other governmental or regulating agency. The company must adhere to the following regulations:

(1) Building permits, zoning certificates and certificates of occupancy. Building permits, zoning certificates and certificates of occupancy, where applicable, shall be obtained from the Township Zoning Officer and applications must include:

(a) A description of proposed site or modification to an existing site with identification whether the site is located in a wetland or floodplain; anticipated construction start and completion date;

(b) A plot plan of the site showing: a clearly marked scale, all property lines, all buildings, water wells, water sources and rights-of-way;

(c) Applicant shall apply for a Township-assigned address at the time of building permit application;

(d) Any and all additional requirements that may be modified or added by subsequent ordinance or required by state and/or federal laws.

(2) Grading permit. A grading permit, if applicable, must be obtained per § 180-47 of the Township Zoning Ordinance prior to any grading or earthmoving and must include evidence of an approved soil erosion and sedimentation control plan.

(3) State and federal compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.

(4) Setbacks. The following minimum setback distances must be adhered to:

(a) The minimum distance to any protected use shall be 1,000 feet;

(b) The minimum distance to any public or private school shall be 2,500 feet;

(c) A setback reduction approval may be authorized by the Lehigh Township Board of Supervisors as part of the conditional use approval process, provided that the applicant can submit compelling evidence that such a reduction is absolutely necessary and will not be detrimental to the purposes of this chapter;

(d) All aboveground equipment including compressor engines and any structure in which they are enclosed must be set back a minimum of 100 feet from any adjacent property lines or rights-of-way.

(5) Screening and landscaping. The standards in § 180-33 shall be determined during the conditional use hearing.

(6) Fence standards. A secured entrance gate on the access road shall be required and all gates are to be kept locked when the operator or its employees are not on the premises. All storage tanks, separation facilities, or other mechanical or production equipment on the operation site shall be completely enclosed by a permanent chain link fence. Standards for the chain link fence and secured gate are as follows:

(a) The chain link fence shall be at least eight feet in height;

(b) Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence;

(c) The chain link shall be dark green or black steel wire;

(d) The chain link fence shall have, at a minimum, 11 gauge thickness;

(e) Posts and rails shall be black or dark green standard socket construction or similar design;

(f) Tension rods shall be 3/8 inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch;

(g) All chain link fences shall be equipped with at least two gates. At least one of the gates shall meet the following specifications:

[1] The gates shall be of black or dark green chain link construction that meets the applicable specifications, or of other approved material that, for safety reasons, shall be at least as secure as the chain link fence;

[2] Fence screening. Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by Township. Color of materials shall be uniform and complementary to the color of the fence and painted equipment. Approved colors shall include, but not be limited to, green, brown, tan, and black.

(7) Engines. Compressors and other power-driven equipment shall utilize sparkless electric motors, when practicable, as an alternative to internal-combustion engines, unless the applicant can demonstrate that the alternative engines are not inconsistent with the objectives of any Township ordinance. All electrical installations and equipment shall conform to Township ordinances and the applicable national codes.

(8) Access roads. Access to any facility shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following standards apply:

(a) Any newly established private easements/roadways constructed on the parcel containing the facility shall be located at least 50 feet from any property line unless written consent is obtained from the adjoining property owner(s).

(b) The access road to the facility, beginning with its intersection with a Township road, shall be paved for the first 50 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or accessway is less than 200 feet in length, the entire access road or accessway shall meet these conditions. This shall be in place prior to the commencement of any facility operations.

(c) All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement.

(9) Truck routes. The applicant shall submit a road use plan showing the proposed routes of all trucks to be utilized for hauling equipment, supplies and the like and the estimated weights of those trucks and the estimated number of trucks entering and exiting the facility on a daily basis, as well as keep a record/log of actual use which may be requested from time to time by the Board of Supervisors. In conjunction with the Township, applicant shall design the hauling routes to and from the facility to minimize the impact on local roads. At no time shall any overweight vehicle travel upon any Township roads, or portion thereof, other than the specified portion of Township roads for which security has been provided.

(10) Road maintenance agreements required. The applicant shall apply for a road maintenance agreement, pay the prescribed fee, and adhere to all conditions set forth in the agreement.

(11) Fee reimbursement. For the period during which construction is taking place, the applicant agrees to reimburse the Township for all reasonable and direct professional consultant fees incurred by the Township related to the site inspection, including but not limited to the Township Engineer, Township Solicitor and any other reasonable and direct consultant fees incurred for the review and approval process, and for any specialized work called for in the permit.

(12) Signage, site identification. The facility signage shall be clearly visible for all 911 emergency services, and must comply with Township § 180-38, at the location where the access road intersects with the Township- or state-owned road and at the entrance gate to each facility. The signage must include:

(a) Applicant name.

(b) Unit name.

(c) Township-assigned address.

(d) Emergency contact phone number.

(13) Lights. No applicant shall permit any lights located on any operation site to be directed in such a manner so that they shine directly on a public road, protected use, adjacent property or property in the general vicinity of the operation site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads, protected uses, and adjacent dwellings and buildings. Exterior lights shall be turned off except when personnel are working on site or motion sensors are activated.

(14) Emergency response plan. Prior to development, applicant shall provide to the Township Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan. Also, applicant/operator shall, at its sole cost and expense, provide to emergency services appropriate site orientation with adequate information and ongoing training on dealing with any potential dangerous conditions that may result from development activities.

(15) Enclosure. Noise-generating equipment, exceeding Township ordinance standards, shall be fully enclosed in a sound reduction structure that conforms to the character of the zone in which it exists. All applicable development plans, permits and regulations shall apply to the enclosure. During normal operations, the structure shall remain fully enclosed, with all doors and windows remaining closed unless during times of egress.

(16) Supplemental regulations. Facility must meet all of the supplemental regulations of the Township Zoning for each zoning district for which applicant proposes to install an oil and gas use as well as the regulations for conditional uses set forth in § 180-128.

I. Oil and gas metering stations/aboveground gathering facilities. A company desiring to operate a metering station/aboveground gathering facility shall obtain the permits required by this section, which are in addition to, and are not in lieu of, any permit that may be required by any other governmental or regulating agency. The company must adhere to the following regulations:

(1) Building permits, zoning certificates and certificates of occupancy. Building permits, zoning certificates and certificates of occupancy, where applicable, shall be obtained from the Township Zoning Officer and applications must include:

(a) A description of proposed site or modification to an existing site with identification whether the site is located in a wetland or floodplain;

(b) Anticipated construction start and completion date;

(c) A plot plan of the site showing: a clearly marked scale, all property lines, all buildings, water wells, water sources and rights-of-way;

(d) Applicant shall apply for a Township-assigned address at the time of building permit application;

(e) Any and all additional requirements that may be modified or added by subsequent ordinance or required by Pennsylvania law.

(2) Grading permit. A grading permit, if applicable, must be obtained per § 180-47 of the Subdivision and Land Development Ordinance prior to any grading or earthmoving and must include evidence of an approved soil erosion and sedimentation control plan.

(3) State and federal compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.

(4) Setbacks. The following minimum setback distances must be adhered to:

(a) The minimum distance to any protected use shall be 1,000 feet;

(b) The minimum distance to any public or private school shall be 2,500 feet;

(c) The aboveground equipment located within the facility must be set back a minimum of 100 feet from any adjacent property lines or rights-of-way.

(5) Screening and landscaping. Metering stations/aboveground gathering facilities must, at a minimum, abide by the standards in § 180-33.

(6) Fence standards. A secured entrance gate shall be required and is to be kept locked when the operator or its employees are not on the premises. Standards for the chain link fence and secured gate are as follows:

(a) The chain link fence shall be at least eight feet in height;

(b) Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence;

(c) The chain link shall be dark green or black steel wire;

(d) The chain link fence shall have, at a minimum, 11 gauge thickness;

(e) Posts and rails shall be black or dark green standard socket construction or similar design;

(f) Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch;

(g) All chain link fences shall be equipped with at least two gates. At least one of the gates shall meet the following specifications:

[1] The gates shall be of black or dark green chain link construction that meets the applicable specifications, or of other approved material that, for safety reasons, shall be at least as secure as the chain link fence;

[2] Fence screening. Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by Township. Color of materials shall be uniform and complementary to the color of the fence and painted equipment. Approved colors shall include, but not be limited to, green, brown, tan, and black.

(7) Access roads. Access to the site shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following standards shall apply:

(a) Any newly established private easements/roadways constructed on the parcel containing the facility shall be located at least 50 feet from any property line unless written consent is obtained from the adjoining property owner(s).

(b) The access road to the facility, beginning with its intersection with a Township road, shall be paved for the first 50 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or accessway is less than 200 feet in length, the entire access road or accessway shall meet these conditions. This shall be in place prior to the commencement of any facility operations.

(c) All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement.

(8) Fee reimbursement. For the period during construction, the applicant agrees to reimburse the Township for all reasonable and direct professional consultant fees incurred by the Township related to the site inspection, including but not limited to the Township Engineer, Township Solicitor and any other reasonable and direct consultant fees incurred for the review and approval process, and for any specialized work called for in the permit and its conditions.

(9) Signage, site identification. The facility signage shall be clearly visible for all 911 emergency services, and comply with Zoning § 180-38 at the location where the access road intersects with the Township- or state-owned road and at the entrance gate to each facility. In addition to the specifications of Chapter 61, the signage must include:

(a) Applicant name.

(b) Site name.

(c) Township-assigned address.

(d) Emergency contact phone number.

(10) Lights. No applicant shall permit any lights located on any operation site to be directed in such a manner so that they shine directly on a public road, protected use, adjacent property or property in the general vicinity of the operation site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads, protected uses, and adjacent dwellings and buildings. Exterior lights shall be turned off except when personnel are working on site or motion sensors are activated.

(11) Emergency response plan. Prior to development, applicant shall provide to the Lehigh Township Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan. Also, applicant/operator shall, at its sole cost and expense, provide to emergency services appropriate site orientation with adequate information and ongoing training on dealing with any potential dangerous conditions that may result from development activities.

(12) Engine and motor enclosures. All engines and motors used to facilitate the movement of gas or regulate the pressure of gas must be enclosed in a permanent structure.

(13) Supplemental regulations. Facility must meet all of the supplemental regulations of the Township Zoning for each zoning district for which applicant proposes to install an oil and gas use as well as the regulations for conditional uses set forth in § 180-128.

J. Oil and gas pipelines. A company desiring to construct oil and gas pipelines shall furnish to the Township copies showing evidence that it has obtained and maintains in good standing all required state and/or federal permits, including proof of bonding to operate pipelines, when such bonding is required. Any suspension or revocation of any required state or federal approvals or permits shall be reported to the Township immediately. Retail service lines from the main line to the residential or commercial structure are exempt from this section. The company must adhere to the following regulations:

(1) Pipeline information. The Company shall submit to the Township, prior to construction, on a form provided by the Township, the following:

(a) The origin point and the destination of the segment of the pipeline to be constructed;

(b) A description of the substance to be transported through the pipeline and a copy of the material safety data sheet (MSDS);

(c) As-built drawings of the segment of pipeline constructed;

(d) Must meet all of the supplemental regulations of each zoning district, where applicable;

(e) A copy of the site reclamation plans;

(f) The owner-operator must participate in PA One-Call;

(g) The company shall exert reasonable efforts to maintain setbacks as indicated in this subsection. Setback requirements from gas pipelines for general residential, commercial, and industrial buildings shall be a minimum of 50 feet. The setback distance shall be measured from the nearest edge of the pipeline corridor. Setback distances shall be a minimum of 100 feet for all principal buildings used for community recreation services, private or public education, spectator entertainment or sports, exhibition and convention facilities, major health services, religious assemblies, or facilities used for public gatherings.

(2) Grading permit. A grading permit, if applicable, must be obtained per § 180-47 of the Zoning Ordinance, prior to any grading or earthmoving and must include evidence of an approved soil erosion and sedimentation control plan.

(3) State and federal compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.

(4) Supplemental regulations. Facility must meet all of the supplemental regulations of the Township Zoning for each zoning district for which applicant proposes to install an oil and gas use as well as the regulations for conditional uses set forth in § 180-128.

K. Oil and gas processing facilities. A company desiring to operate an oil and gas processing facility shall obtain the permits required by this section, which are in addition to, and are not in lieu of, any permit that may be required by any other governmental or regulating agency. The company must adhere to the following regulations:

(1) Building permits, zoning certificates and certificates of occupancy. Building permits, zoning certificates and certificates of occupancy, where applicable, must be obtained from the Township Zoning Officer and applications must include:

(a) A description of proposed site or modification to an existing site with identification whether the site is located in a wetland or floodplain;

(b) Anticipated construction start and completion date;

(c) A plot plan of the site showing: a clearly marked scale, all property lines, all buildings, water wells, water sources, rights-of-way;

(d) Applicant shall apply for a Township-assigned address at the time of building permit application;

(e) Any and all additional requirements that may be modified or added by subsequent ordinance or required by Pennsylvania law.

(2) Grading permit. A grading permit, if applicable, must be obtained per § 180-47 of the Zoning Ordinance, prior to any grading or earthmoving and must include evidence of an approved soil erosion and sedimentation control plan.

(3) State and federal compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.

(4) Setbacks. The following minimum setback distances must be adhered to:

(a) The minimum distance to any protected use shall be 1,000 feet;

(b) The minimum distance to any public or private school shall be 2,500 feet;

(c) A setback reduction approval may be authorized by the Mount Pleasant Township Board of Supervisors as part of the conditional use approval process, provided that the applicant can submit compelling evidence that such a reduction is absolutely necessary and will not be detrimental to the purposes of this section.

(d) All aboveground equipment including compressor engines and any structure in which they are enclosed must be set back a minimum of 100 feet from any adjacent property lines or rights-of-way.

(5) Screening and landscaping. The standards in § 180-33 shall be determined during the conditional use hearing.

(6) Fence standards. A secured entrance gate on the access road shall be required and all gates are to be kept locked when the operator or its employees are not on the premises. All storage tanks, separation facilities, or other mechanical or production equipment on the operation site shall be completely enclosed by a permanent chain link fence. Standards for the chain link fence and secured gate are as follows:

(a) The chain link fence shall be at least eight feet in height;

(b) Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence;

(c) The chain link shall be dark green or black steel wire;

(d) The chain link fence shall have, at a minimum, 11 gauge thickness;

(e) Posts and rails shall be black or dark green standard socket construction or similar design;

(f) Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch;

(g) All chain link fences shall be equipped with at least two gates. At least one of the gates shall meet the following specifications:

[1] The gates shall be of black or dark green chain link construction that meets the applicable specifications, or of other approved material that, for safety reasons, shall be at least as secure as the chain link fence;

[2] Fence screening. Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by Township. Color of materials shall be uniform and complementary to the color of the fence and painted equipment. Approved colors shall include, but not be limited to, green, brown, tan, and black.

(7) Engines. Compressors and other power-driven equipment shall utilize sparkless electric motors, when practicable, as an alternative to internal-combustion engines, unless the applicant can demonstrate that the alternative engines are not inconsistent with the objectives of any Township ordinance. All electrical installations and equipment shall conform to Township ordinances and the applicable national codes.

(8) Access roads. Access to any facility shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following standards shall apply:

(a) Any newly established private easements/roadways constructed on the parcel containing the facility shall be located at least 50 feet from any property line unless written consent is obtained from the adjoining property owner(s).

(b) The access road to the facility, beginning with its intersection with a Township road, shall be paved for the first 50 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or accessway is less than 200 feet in length, the entire access road or accessway shall meet these conditions. This shall be in place prior to the commencement of any facility operations.

(c) All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement.

(9) Truck routes. The applicant shall submit a road use plan showing the proposed routes of all trucks to be utilized for hauling equipment, supplies and the like and the estimated weights of those trucks and the estimated number of trucks entering and exiting the facility on a daily basis, as well as keep a record/log of actual use which may be requested from time to time by the Board of Supervisors. In conjunction with the Township, applicant shall design the hauling routes to and from the facility to minimize the impact on local roads. At no time shall any overweight vehicle travel upon any Township roads, or portion thereof, other than the specified portion of Township roads for which security has been provided.

(10) Road maintenance agreements required. The applicant shall apply for a road maintenance agreement, pay the prescribed fee, and adhere to all conditions set forth.

(11) Fee reimbursement. For the period during which construction is taking place, the applicant agrees to reimburse the Township for all reasonable and direct professional consultant fees incurred by the Township related to the site inspection, including but not limited to the Township Engineer, Township Solicitor and any other reasonable and direct consultant fees incurred for the review and approval process, and for any specialized work called for in the permit and its conditions.

(12) Signage, site identification. The facility signage shall be clearly visible for all 911 emergency services, and § 180-38 of the Zoning Ordinance, at the location where the access road intersects with the Township- or state-owned road and at the entrance gate to each facility. The signage must also include:

(a) Applicant name.

(b) Unit name.

(c) Township-assigned address.

(d) Emergency contact phone number.

(13) Lights. No applicant shall permit any lights located on any operation site to be directed in such a manner so that they shine directly on a public road, protected use, adjacent property or property in the general vicinity of the operation site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads, protected uses, and adjacent dwellings and buildings. Exterior lights shall be turned off except when personnel are working on site or motion sensors are activated.

(14) Emergency response plan. Prior to development, applicant shall provide to the Township Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan. Also, applicant/operator shall, at its sole cost and expense, provide to emergency services, appropriate site orientation with adequate information and ongoing training on dealing with any potential dangerous conditions that may result from development activities.

(15) Enclosure. Noise-generating equipment, exceeding Township ordinance standards, shall be fully enclosed in a sound reduction structure that conforms to the character of the zone in which it exists. All applicable development plans, permits and regulations shall apply to the enclosure. During normal operations, the structure shall remain fully enclosed, with all doors and windows remaining closed unless during times of egress.

(16) Supplemental regulations. Facility must meet all of the supplemental regulations of the Township Zoning Ordinance for each zoning district for which applicant proposes to install an oil and gas use as well as the regulations for conditional uses set forth in § 180-128.

L. Oil and gas wells. A company desiring to engage in any oil and/or natural gas well site construction, drilling, hydraulic fracturing, and/or site restoration associated with a gas well of any depth; water impoundment and other fluid storage, and transportation used for such activities shall obtain a zoning certificate from the Township. The company must adhere to the following regulations:

(1) Zoning certificate. Zoning certificates must be obtained from the Township Zoning Officer prior to commencement of drilling and applications must include:

(a) The name and address of the mineral and royalty owner(s), a copy of the oil and gas lease and any drilling permits issued by the Commonwealth of Pennsylvania, or the application, if a state permit has not yet been issued, shall be attached;

(b) The name and address of the applicant, including the name and telephone number of a local representative;

(c) The exact description of the location of the proposed well and verification that the site is not located in a wetland or floodplain;

(d) The name and address of each property owner of all property within 1,000 feet of the proposed well, and verification that all above-referenced property owners have been notified in writing of the drilling activity;

(e) Anticipated construction start and completion date;

(f) A plot plan of the site showing: a clearly marked scale, all property lines, all buildings, water wells, water sources and rights-of-way.

(2) Grading permit. A grading permit, if applicable, must be obtained per § 180-47 of the Zoning Ordinance prior to any grading or earthmoving and must include evidence of an approved soil erosion and sedimentation control plan.

(3) State and federal compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.

(4) Setbacks. The following setbacks are to be addressed during the conditional use hearing process and shall include but not be limited to:

(a) The distance to any protected use;

(b) The distance to any public or private school;

(c) The distance to any adjacent property lines or rights-of-way.

(5) Screening. Applicant to comply with § 180-33 of the Zoning Ordinance. Temporary screening panels, of a style and material used for noise abatement, shall be erected around the entire drilling site before commencement of the active drilling phase and shall remain in effect until the well is drilled and production has commenced. A waiver of the screening panels can be requested as part of the conditional use approval process provided that the applicant can submit compelling evidence that such a waiver is absolutely necessary and will not be detrimental to the purposes of this section.

(6) Access roads. Access to any well site shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of Township roads. The following shall apply:

(a) Any newly established private easements/roadways constructed on the parcel containing the well site shall be located at least 50 feet from any property line unless written consent is obtained from the adjoining property owner(s).

(b) The access road to the well site, beginning with its intersection with a Township road, shall be paved for the first 50 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or accessway is less than 200 feet in length, the entire access road or accessway shall meet these conditions. This shall be in place prior to the commencement of drilling operations.

(c) All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement.

(7) Truck routes. The applicant shall submit a road use plan showing the proposed routes of all trucks to be utilized for hauling equipment, supplies and the like and the estimated weights of those trucks and the estimated number of trucks entering and exiting the facility on a daily basis, as well as keep a record/log of actual use which may be requested from time to time by the Board of Supervisors. In conjunction with the Township, applicant shall design the hauling routes to and from the facility to minimize the impact on local roads. At no time shall any overweight vehicle travel upon any Township roads, or portion thereof, other than the specified portion of Township roads for which security has been provided.

(8) Road maintenance agreements required. The applicant shall apply for a road maintenance agreement, pay the prescribed fee, and adhere to all conditions set forth.

(9) Fee reimbursement. The applicant agrees to reimburse the Township for all reasonable and direct professional consultant fees incurred by the Township related to the site inspection, including but not limited to the Township Engineer, Township Solicitor and any other reasonable and direct consultant fees incurred for the review and approval process, and for any specialized work called for in the permit and its conditions.

(10) Signage, site identification. The well site signage shall be clearly visible for all 911 emergency services, § 180-38 of the Zoning Ordinance, at the location where the access road intersects with the township- or state-owned road and at the entrance to each well site. In the event there are multiple well sites accessible from a single entrance point, this information must be clearly posted and visible as to abate possible confusion. The signage must include:

(a) Applicant name.

(b) Unit name.

(c) Township-assigned address.

(d) Emergency contact phone number.

(11) Lights. No applicant shall permit any lights located on any operation site to be directed in such a manner so that they shine directly on public road, protected use, adjacent property or property in the general vicinity of the operation site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads, protected uses, and adjacent dwellings and buildings. Exterior lights shall be turned off except when personnel are working on site or motion sensors are activated.

(12) Operating times. All site preparation and preproduction activities on the site, as well as access road maintenance, site reclamation activity and other ongoing ancillary activities shall be permissible Mondays through Saturdays (with the exception of federal and/or state holidays) between the hours of 7:00 a.m. and 7:00 p.m., or as otherwise authorized by the Board of Supervisors. The active drilling phase is exempt from this subsection.

(13) Water impoundments, fresh/waste. Applicant shall register any fresh water or wastewater impoundment with the Township prior to the construction. Applicant shall adhere to the following:

(a) Impoundment must be 500 feet from property lines;

(b) A copy of the PADEP impoundment permit, if applicable, must be provided at the time of application or when available;

(c) Chain link fencing must be installed around any impoundment and shall be at least eight feet in height;

(d) Thirty days' advance written notice must be provided when transitioning from a fresh water to a wastewater impoundment and applicant must:

[1] Provide a copy of the revised PADEP permit when available;

[2] Adhere to all applicable supplemental zoning criteria in the designated zoning district.

(e) Bird netting shall be utilized;

(f) Applicant shall provide a copy of the final closure certificate;

(g) Install hazardous waste warning signs around wastewater impoundments;

(h) Any PADEP reportable spills, leaks, malfunctions or similar incidents must be reported immediately to the Township.

(14) Emergency response plan. Prior to development, applicant shall provide to the Township Police Department, Fire Department and Zoning Officer, a copy of its emergency response plan. Also, applicant/operator shall, at its sole cost and expense, provide to emergency services appropriate site orientation with adequate information and ongoing training on dealing with any potential dangerous conditions that may result from development activities and shall be made available at least annually during the period when the applicant/operator anticipates drilling activity within the Township.

(15) Engine and motor enclosures. All engines and motors not involved in the active drilling/fracturing phase but used to facilitate the movement of gas or regulate the pressure of gas must be enclosed in a permanent structure.

(16) Supplemental regulations. Facility must meet all of the supplemental regulations of the Township Zoning for each zoning district for which applicant proposes to install an oil and gas use as well as the regulations for conditional uses set forth in § 180-128.

(17) Supplemental regulations. Well sites must meet all of the supplemental regulations of the Township Zoning Ordinance for each zoning district for which applicant proposes to install and in addition applicant must meet all the regulations for conditional uses set forth in § 180-128.

§ 180-107.2 Landscaping business.

[Added 4-25-2023 by Ord. No. 2023-1]

Within the General Commercial and Industrial Zones, landscaping businesses are permitted by special exception subject to § 180-119 and as set forth below:

A. Off street parking spaces shall be provided at a rate of one space per employee plus retail parking requirements per § 180-37.

B. In addition to the parking spaces required by the proceeding subsection, parking shall be provided by parking/driveway lanes adjacent to the building. The lane shall be in accordance with § 180-37.

C. The required parking spaces cannot be utilized for vehicle storage. However, additional external storage area may be provided for the storage of landscaping equipment, provided the external storage area is screened from adjoining residentially zoned land, parcels on which a residence exists, and said storage area is located behind the minimum front yard setback line.

(1) This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or an unoperative vehicle and or landscaping equipment.

D. The servicing and or repair of the landscaping equipment and or the landscaping vehicles shall not be permitted except in an enclosed structure. Adequate retention facilities shall be installed to collect any gas and or oil and or such other liquids that could leak out of the equipment onto the ground.

E. Must have water and sewer service to the landscaping business facility.

F. Landscaping materials such as dirt, mulch, fertilizer, shrubs, trees, seed, sod, plants, stones, stone dust, gravel and other landscaping materials and or product used and or sold shall be contained on the property except for in the front yard in a neat and organized manner.

G. As part of the special exception review the Fire Marshal shall review the landscaping business facility in regards to fire safety, chemicals, oil and gasoline that will be utilized as part of the business.

H. Screening shall be in accordance with § 180-33.

§ 180-107.3 Limited landscaping business.

[Added 4-25-2023 by Ord. No. 2023-1]

Within all zones, a limited landscaping business is permitted by right subject to the following criteria.

A. The limited landscaping business meets the exception criteria as set forth in the definitional section for "home occupation" in § 180-15 unless modified below.

B. The use shall be clearly incidental to the primary use of the premises as a dwelling for living purposes.

C. No more than one limited business or commercial activity as defined in § 180-15 may be located on the premises.

D. The limited business or commercial accessory use shall not alter the appearance of the building as a dwelling unit.

E. The limited landscaping business shall have a maximum of one work vehicle, one work trailer with two lawn mowers and handheld lawn maintenance tools.

F. The limited landscaping business shall have no employees.

G. There shall be no display or sale of retail goods and no stock piling of inventory. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

H. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes.

I. No grass clippings, mulch or other materials either used in the landscaping process or the debris created in conducting a landscaping business offsite shall be stored on the property.

J. The work vehicle and work trailer shall be parked on an impervious surface a minimum distance of 15 feet from any property line. Subsection (3) of the home occupation exclusion criteria shall not apply and said work vehicle can be parked outside an enclosed structure.

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