Conditional uses and additional standards for specific principal uses applicable to all districts.

A. Intent. To provide a procedure and criteria for applications for and decision on conditional uses specified in this chapter. To recognize that certain conditional uses may not be appropriate in every location within a specific zoning district where they are generally allowed. To recognize that other conditional uses would only be appropriate within a specific location with additional conditions upon approval.

B. Procedures.

(1) A conditional use application shall be filed with the designated township staff person on such forms as may be prescribed by the Township Manager. All fees shall be paid at the time of application, based upon a fee schedule adopted by resolution of the Board of Supervisors.

(2) All applicants for a conditional use shall submit eight sets of development plans to the township, along with their application.

(3) The development plan referred to in Subsection B(2) above shall include a statement regarding the proposed use of the building or land, and shall comply with all sketch plan requirements as provided in Chapter 205, Subdivision and Land Development.

(4) Immediately after filing, the application and plans shall be referred to the Township Planning Commission for review.

(5) Planning Commission.

(a) The Planning Commission shall be provided with an opportunity, within 45 days of receipt of the application and plan, to review it and submit at least a preliminary recommendation to the Board of Supervisors. The absence of action on the part of the Planning Commission within the specified time shall not by itself delay action by the Board of Supervisors.

(b) Any revisions to the conditional use submission that the Zoning Officer determines to be substantial after the filing of the application shall be offered to the Township Planning Commission for review. In such event, the Zoning Officer shall seek to secure from the applicant a sixty-day written extension of the date within which the Supervisors must hold a public hearing. If the applicant fails to submit such written extension, then the Board of Supervisors shall decide the conditional use application based upon the application and plans as originally filed.

(6) The Board of Supervisors shall hold a public hearing on the conditional use application in accordance with the following procedures:

(a) Notice of the hearing shall be given to the public by publication once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature and matter to be considered at the hearing. The first such notice shall be published not more than 30 days before the hearing and the second notice shall be published not less than seven days before the hearing. Notice of the hearing shall also be conspicuously posted on the affected tract of land. Notice shall also be sent to the last known owners of record of immediately adjacent properties as registered in the Chester County Tax Assessment Office. The Board of Supervisors shall schedule and hold a public hearing on the application within 60 days from the date of receipt of the applicant"s application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief (the part of the hearing in which the applicant presents evidence to support his or her claim or defense) within 100 days of the first hearing. Upon the request of the applicant, the Board shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant"s case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of hearings for rebuttal. [Amended 10-21-2003 by Ord. No. 129-L-03]

(b) The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors and any other person, including civic or community organizations, permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter written appearances on forms provided by the Board for that purpose.

(c) The Chairman or Acting Chairman of the Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

(d) Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

(e) The Board of Supervisors may, but is not required to, keep a stenographic record of the proceedings and a transcript of the proceedings. The Township shall keep minutes of a conditional use hearing and copies of the graphic or written material received in evidence, copies of which shall be made available to any party at that party's cost.

(f) The Board of Supervisors shall render a written decision within 45 days after the last hearing before the Board, unless a written extension is provided by the applicant. Where the application is contested or denied, the decision should be accompanied by findings of fact and/or conclusions based thereon, together with reasons therefor. If, after the conclusion of the public hearings, the application is amended or revised, the Board shall hold one or more public hearings thereon as may be necessary and shall issue a new decision thereon in conformance with the procedure established in this section. In the event the Board fails to render the decision within the period required by this section, or fails to commence, conduct or complete the required hearings as provided in this § 240-31B(6), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this section. If the Board shall fail to provide such notice, the applicant may do so. [Amended 10-21-2003 by Ord. No. 129-L-03]

(g) A copy of the final decision shall be delivered or mailed to the applicant or his/her official representative.

**Webmasters Note: The previous subsection, (6), has been amended as per Ordinance No. 129-L-03.

(7) The Board of Supervisors, at its discretion, may require that the applicant provide special studies as are reasonably necessary to determine the impact of the development on the township.

(8) In approving or denying a conditional use or establishing conditions with reference to such approval, the Board of Supervisors, at a minimum, shall use those standards set forth in Subsection C.

(a) The burden of establishing compliance with those enumerated standards shall be upon the applicant by a fair preponderance of the credible evidence, unless any rule of law shifts that burden to protesters.

(b) The standards required by Subsection C shall be deemed a part of the definitional aspect under which a conditional use may be granted. The failure of the applicant to establish compliance with all the standards shall constitute sufficient basis for denial of the application.

(c) The Board of Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Supervisors. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or of any ordinance, rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

(d) Where the Board of Supervisors fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days after the date of the applicant's written request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing or on the record, to an extension of time. When the decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as hereinabove provided, such Board shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of state law. If the Board fails to provide such notice, the applicant may do so.

(e) Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, a copy of the findings, shall be delivered to the applicant personally or mailed to him/her no later than the day following its date.

(9) Nothing in this section shall be construed to relieve the applicant for a conditional use from obtaining other required approvals mandated by Chapter 205, Subdivision and Land Development, or other applicable ordinances.

(10) Appeals from a determination of the Board of Supervisors pursuant to any application for conditional use shall be as prescribed by the applicable provisions of the Pennsylvania Municipalities Planning Code.

(11) In granting an application for conditional use, the Board of Supervisors may attach such additional reasonable conditions and safeguards as it deems necessary and appropriate to ensure compliance with the provisions of this chapter; to protect the health, safety and general welfare of the community; and to ensure compatibility and avoid nuisances among nearby uses.

(12) The Board of Supervisors may impose such conditions regarding layout, circulation and performance as it deems necessary to ensure that any proposed development will substantially secure the objectives of this chapter, and to ensure compliance with related state and federal regulations.

(13) Unless otherwise specified by the Board, a conditional use approval shall expire within 12 months from the date of authorization if the applicant fails to obtain any needed approval or continues to actively seek approval of development plans submitted to the township, and fails to obtain any required building permit.

(a) Conditional use approval must be obtained prior to the submission of a subdivision and/or land development to the township, unless such requirement is waived by the Planning Commission.

(b) Conditional use approval shall not be transferred from one party to another without the authorization of the Board of Supervisors.

(14) Signs. The Board of Supervisors shall review all signs that are to be associated with a proposed conditional use, and either approve or deny such signs at the same time the Board of Supervisors is reviewing the conditional use.

(15) Holiday sales. Outdoor retail sales of items associated with official holidays, for a total period not exceeding 60 days in a calendar year, shall be exempt from the procedure outlined in Subsection B(1) through (13) . Application for such holiday sales use shall be made, in writing, to the Board of Supervisors. The Board of Supervisors shall act on these applications at its next public meeting and may impose whatever conditions regarding the layout, circulation and nuisance controls it deems necessary. The Board of Supervisors shall inform the applicant or his/her representative of its decision, in person or writing, within 10 days from the decision.

C. Standards for conditional uses and special exception uses and certain permitted-by-right uses.

(1) Overall. In considering a conditional use or special exception use application, the Board of Supervisors or Zoning Hearing Board, as applicable, shall consider all of the following standards as well as any other standards that may be listed for the proposed use [see Subsection B(11) concerning additional conditions that may be imposed by the Board of Supervisors] . (See also Article IX, concerning additional conditions that may be placed by the Zoning Hearing Board) .

(2) Standards for conditional uses and special exception uses. All conditional uses and all special exception uses shall comply with the following standards:

(a) Not create a significant hazard to the public health and safety, including but not limited to fire, toxic or explosive hazards.

(b) Be suitable for the property in question.

(c) Be designed, constructed, operated and maintained so as to be in harmony with the character of the existing or intended development of the general vicinity.

(d) Not be detrimental to other property in the vicinity, including proper use of adequate setbacks, buffering, berming, locating of nuisance-causing facilities, screening and controls of operations to avoid conflicts. Where, in the opinion of the Board of Supervisors, the distance of setbacks and/or the methods of screening and buffering otherwise established by this chapter would be insufficient, additional screening, buffering and/or widths of setbacks shall be required as a condition of any approval.

(e) Be suitable in terms of permitting the logical, efficient and economic extension of public services and facilities such as central water supply, sanitary sewage and police and fire protection. The applicant shall prove that there is adequate access for fire-fighting and other emergency service equipment. The Board of Supervisors may establish additional conditions on approval to ensure such access, such as sufficient turning radii and cartway width for such equipment, the provision of adequate access for fire fighters to reach all sides of buildings and the provision of paved or compacted surfaces sufficient to support the weight of fire equipment.

(f) After considering any traffic improvements that the applicant may legally commit to fund or construct shall not create significant traffic safety hazards or cause serious traffic congestion.

[1] The applicant for a conditional use shall establish the effect of the proposed development on the reserve capacity of the public streets and street intersections providing access to and in the area of the subject property.

[2] Where a traffic study is required under this chapter or another township ordinance, such study shall be submitted at the same time as the conditional use application.

[3] If a traffic study is required, the applicant shall prove that the level of service of unsignalized and signalized intersections adjacent to the applicant's property will be adequate to serve the proposed development. To prove such adequacy, the applicant shall prove that intersections intended to provide motor vehicle egress and/or ingress to the proposed development shall not fall below the Level of Service D as specified in the 1994 Highway Capacity Manual published by the Transportation Research Board, or its successor publication.

[a] The Board of Supervisors may waive the criteria in Subsection C(2) (f) [3] above if they find such waiver to be in the public interest, safety and general welfare.

[b] The above Subsection C(2) (f) [3] shall not be construed to preclude improvement of such intersections to attain a Level of Service D or better.

[4] The applicant shall prove that any improvements proposed to adjacent segments of streets will be sufficient to obviate adverse traffic impacts caused by the development, and to protect the traveling public.

[5] The applicant shall prove that facilities for ingress and egress will be so located and so designed to provide safe access to adjoining streets and to avoid unnecessary traffic through existing residential neighborhoods.

(g) Minimize adverse impacts upon the preservation and restoration of any historic building(s) on the subject property.

(h) Properly locate and design the proposed structures and other improvements to minimize disruption to existing natural topography, waterways, ponds, groundwater recharge, woods and other important natural resources on the site.

(3) Specific standards for specific principal uses (including but not limited to conditional uses and special exception uses) . Each of the following principal uses shall meet the following additional specific standards. In addition, each conditional or special exception use shall meet the general standards in Subsection C(2) . The following specific standards shall be met for the applicable use, unless a more restrictive standard is established by another section of this chapter:

(a) Adult use. (This is limited to the following: adult store, adult movie theater, massage parlor or adult live entertainment use. )

[1] Objectives.

[a] Because adult entertainment uses tend to bring with them secondary concerns that impact on the health, safety and general welfare concerns of the township, the township desires to restrict or limit the location where such uses can locate.

[b] The township does not intend to effect or suppress any activities protected by the First Amendment of the United States Constitution, but instead address these secondary effects. Neither is it the intent nor effect of the provisions of this chapter to condone or legitimize the distribution of obscene material.

[c] Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Board of Supervisors, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc. , 475 U. S. 41 (1986) , Young v. American Mini Theatres, 426 U. S. 50 (1976) and Northend Cinema, Inc. v. Seattle, 585 P. 2d 1153 (Wash. 1978) , and on studies in other communities, including but not limited to Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; and Beaumont, Texas; and also on findings found in the Report of Attorney General's Working Group on the Regulation of Sexually-Oriented Businesses, (June 6, 1989, State of Minnesota) , the Board of Supervisors finds:

[i] Sexually-oriented businesses lend themselves to ancillary unlawful and unhealthy activities that may go uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

[ii] Certain employees of sexually-oriented businesses, defined in this chapter as adult theaters and cabarets, engage in higher incident of certain types of sexually-oriented behavior at these businesses than employees of other establishments.

[iii] Sexual acts, including masturbation, oral sex and anal sex, occur at sexually-oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos or live sex shows, as defined under this chapter as adult book stores, adult novelty shops, adult video stores, adult motion picture theaters or adult arcades.

[iv] Offering and providing such space encourages such activities, which create unhealthy conditions.

[v] Persons frequent certain adult theaters, adult arcades and other sexually-oriented businesses for the purpose of engaging in sex within the premises of such sexually-oriented businesses.

[vi] At least 50 communicable diseases may be spread by activities occurring in sexually-oriented businesses, including but not limited to syphilis, gonorrhea, human immunodeficiency virus infection (AIDS) , genital herpes, hepatitis B, Non B amebiasis, salmonella infections and shigella infections.

[vii] Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States -- 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and 253,448 through December 31, 1992.

[viii] As of May 1, 1995, there have been 13,559 reported cases of AIDS in the State of Pennsylvania.

[ix] Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in Delaware County, Pennsylvania.

[x] The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982, and 45,200 cases reported through November of 1990.

[xi] The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million cases being reported in 1990.

[xii] The surgeon general of the United States, in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components and from an infected mother to her newborn.

[xiii] According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

[xiv] Sanitary conditions in some sexually-oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

[xv] Numerous studies and reports have determined that semen is found in the areas of sexually-oriented businesses where persons view adult-oriented films.

[xvi] The findings noted in Subsections C(3) (a) [1] [c] (i) through (xv) raise substantial governmental concerns.

[d] The purposes of these conditional use provisions include to minimize, where conditions permit, the secondary concerns which include difficulties for law enforcement, municipal maintenance, trash, deleterious effects on business and residential property values, increased crime, particularly corruption of the morals of minors and prostitution, and encourage residents and businesses to move elsewhere.

[2] Setback. No adult use shall be located within 1,000 linear feet of any of the following:

[a] The lot line of any primary or secondary school, place of worship, public park, day-care center, child nursery, library, existing dwelling or any site marked as a proposed future park location on any township official map.

[b] Any existing adult use.

[3] Buffer. A thirty-foot-wide buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with Article V, but with plantings of an initial minimum height of five feet.

[4] Signs and displays.

[a] No pornographic material, displays or words shall be placed in view of persons who are not inside the establishment.

[b] See § 240-22K, regarding prohibited signs.

[5] Other laws.

[a] No such use shall be used for any purpose that violates any federal, state or township law.

[b] Definite precautions shall be taken to prohibit minors from entering the premises.

[c] The use shall not include the sale or display of obscene materials, as defined by state law, as may be amended by applicable court decisions.

[d] No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.

[e] Only lawful massages as defined by state court decisions shall be performed in a massage parlor.

[6] Operations.

[a] No such use shall be allowed in combination with the sale of alcoholic beverages.

[b] All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment use.

[c] For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers. No room of any kind accessible to customers shall include less than 150 square feet.

[7] Location. These uses are specifically prohibited in all districts except within a district where the use may specifically be permitted by another section of this chapter.

[8] Lot area. A minimum lot area of one acre is required.

[9] Notice. The applicant shall provide a written affidavit stating that he/she has mailed or delivered a written notice of the proposed hearing date to all property owners of record within 500 feet of the subject property at least 10 days prior to the hearing date.

[10] Ownership. Any application for such use shall state the legal names, home addresses and home phone numbers of all individuals intended to have more than a five-percent ownership in such use or in a corporation owning such use, and of the on-site manager responsible for ensuring compliance with this chapter. Such information shall be updated twice a year, in writing, to the Zoning Officer.

(b) Animal husbandry. See conditions in § 240-34A.

(c) Apartments. Shall comply with all of the requirements of § 240-29.

(d) Automobile dealer/sales. The parking and/or storage of vehicles within the required front yard shall be prohibited.

(e) Automotive repair and service establishment.

[1] All automotive parts and damaged vehicles shall be stored overnight within a completely enclosed building.

[2] All activities such as painting and repair work shall be performed within a completely enclosed building with ventilation and fume control or measures taken as required by state and federal regulations.

(f) Boardinghouse (or rooming house) .

[1] Minimum lot area: one acre.

[2] Minimum principal building setback from all lot lines: 50 feet.

[3] Minimum lot width: 200 feet.

[4] Maximum density: four sleeping rooms per acre.

[5] Each sleeping room shall be limited to two persons each.

[6] A twenty-foot-wide buffer yard with screening meeting Article V shall be provided between any boardinghouse building and any abutting single-family detached dwelling that is within 100 feet of the proposed boardinghouse building.

[7] Interior space: a minimum of 300 square feet of interior floor space per resident.

[8] Maximum number of residents: 15.

[9] See also standards for personal care home which is a separate use.

[10] Signs shall be limited to two wall signs with a maximum of two square feet each.

[11] Rooms shall be rented for a minimum period of five consecutive days.

[12] The owner or his agent shall reside on the lot.

(g) Church, place of worship or philanthropic or religious institutions. No hospital, sanitarium, penal or corrective institution shall be permitted under this use.

(h) Wireless communications facilities. [Amended 4-7-1998 by Ord. No. 119-B-98; 5-7-2002 by Ord. No. 129-K-02; 12-7-2004 by Ord. No. 129-T-04]

[1] Purpose. The purpose of this subsection and the standards established herein is to govern the use, construction and siting of wireless communications facilities in recognition of the nature of wireless communications systems and the Federal Telecommunications Act of 1996, as amended from time to time. These regulations are intended to:

[a] Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services.

[b] Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish, and by requiring that competing providers of wireless communications services collocate their commercial communications antennae and related facilities on existing towers.

[c] Ensure the structural integrity of commercial communications antenna support structures through compliance with applicable industry standards and regulations.

[d] Promote the health, safety and welfare of the Township's residents.

[2] Standards for wireless communications facilities. All applicants seeking to construct, erect, relocate or alter wireless communications facilities shall comply with the following regulations. A written narrative that addresses how the applicant will meet each of the regulations listed below shall be submitted with the conditional use application.

[a] Location and height.

[i] Wireless communications facilities must be located on a land site only within the zoning district where permitted as a conditional use and only in such location within that district and at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in Subsection C(3)(h)[2][b], unless it proves the necessity for such height. The applicant shall demonstrate that the proposed height of the commercial communications antenna support structure and the commercial communications antennae intended to be attached thereto is the minimum height required to provide satisfactory service for wireless communications.

[ii] Prior to the Board's approval of a conditional use authorizing the construction and installation of a commercial communications antenna support structure (tower) in a zoning district where the same is a permitted conditional use, it shall be incumbent upon the applicant for such conditional use approval to prove to the reasonable satisfaction of the Board that the applicant cannot adequately extend or infill its communications system by the use of equipment such as repeaters, antenna(e) and other similar equipment installed on existing structures, such as utility poles and other available tall structures.

[iii] Maximum heights. No commercial communications antenna support structure shall be taller than 120 feet, measured from undisturbed ground level, unless the applicant proves that another provider of wireless communications services has agreed to collocate commercial communications antenna(e) on the applicant's commercial communications antenna support structure and requires a greater tower height to provide satisfactory service for wireless communications than is required by the applicant. In such case, the commercial communications antenna support structure shall not exceed 150 feet unless the applicant secures a waiver from the Supervisors by demonstrating such proof as would be required in the case of a variance under § 240-58B. In no event shall mounted commercial communications antenna(e) height on any tower extend more than 25 feet above the installed height of the tower.

[iv] The conditional use application shall be accompanied by a plan showing each of the contiguous properties, identified by tax parcel number and owner, depicting all buildings and structures located on such properties and their principal and/or accessory uses; and the concealment or other reasonably appropriate stealth measures (the determination of which shall be in the Board's reasonable discretion) proposed to camouflage or conceal antennas, such as the use of neutral materials that hide antennas, the location of antennas within existing structures, such as steeples, silos and advertising signs, the replication of steeples and other structures.

[b] The conditional use application shall be accompanied by a propagation study demonstrating that there is a substantial gap in coverage among wireless carriers, a description of the type and manufacturer of the proposed transmission/radio equipment, the subscriber equipment sensitivity, the design dBm of the transmission and receiving equipment and the results of the drive-by test conducted by the applicant in determining the need for the proposed land site and installation.

[c] Wireless communications equipment building. In those zoning districts where commercial communications antenna(e) and commercial communications antenna support structures are permitted by conditional use, either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to three metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment and found necessary by the Board to the proper functioning of the tower and commercial communications antenna(e) may be located on the land site selected for installation and location of the tower for each unrelated company sharing commercial communications antenna(e) space on the tower.

[d] Other facilities. With the exception of the wireless communications equipment building housing the receiving and transmitting equipment necessary to the proper functioning of the tower and commercial communications antenna(s), all other uses ancillary to commercial communications antenna(s) and commercial communications antenna support structures, including but not limited to a business office, mobile telephone switching office, maintenance depot and vehicular storage area shall not be located on any land site, unless otherwise permitted by the applicable district regulations in which the site is located. All utilities required for this facility shall be located underground.

[e] Attachments to existing structures. When approved as a conditional use, in all zoning districts antenna(s) may be attached to an existing structure such as a smokestack, utility pole, water tower, commercial or industrial building or any similar tall structure provided:

[i] The height of the commercial communications antenna(s) and apparatus attaching the commercial communications antenna(s) thereto shall not exceed 10 feet in height above the highest point on the existing structure, unless the applicant proves that a greater antenna(s) height is required to make it an adequately functional component of the applicant's system, but in no case shall such height exceed 25 feet.

[ii] The applicant proves that such location is necessary to satisfy their function in the applicant's wireless communications system.

[iii] The applicant submits a plan showing each of the contiguous properties, identified by tax parcel number and owner, depicting all buildings and structures located on such properties and their principal and/or accessory uses.

[iv] The applicant employs concealment or other reasonably appropriate stealth measures (the determination of which shall be in the Board's reasonable discretion) to camouflage or conceal antennas, such as the use of neutral materials that hide antennas, the location of antennas within existing structures, such as steeples, silos and advertising signs, the replication of steeples and other structures.

[v] The Board may authorize the installation of up to three metal boxes placed on a concrete pad not exceeding 10 feet by 10 feet in area to house the receiving and transmitting equipment necessary to the operation of the antenna(s). This pad may be located within a front yard, side yard or rear yard, provided that the pad and boxes are set back from the property line or right-of-way line if the property line is in the right-of-way by a minimum of 10 feet and the combined height of the pad and boxes does not exceed eight feet. If the commercial communications antenna(s) is installed on an existing utility pole the Board may authorize the installation of a maximum one cabinet on the utility pole upon which the antenna(s) is located. The cabinet shall be located at the maximum height allow by the owner of the utility pole, however, in no case shall the bottom of the cabinet be less than eight feet above ground level. The cabinet shall have a maximum size of 36 inches high by 24 inches wide by 12 inches deep. The Board shall approve the color and orientation of the cabinet on the pole.

[vi] The pad and boxes housed thereon shall be screened with an evergreen landscape buffer screen having a minimum planted height of six feet. This screen shall be maintained by the applicant for as long as the facility is in operation.

[vii] For purposes of this Subsection 31C(3)(h)[2][e], in order to constitute an existing structure, the structure must be one that was constructed and/or erected prior to April 7, 1998, the effective date of § 240-31C(3)(h) of this chapter, and, further, such structure shall not be a commercial communications antenna support structure as defined in § 240-6.

[viii] The applicant shall comply with the requirements of Subsection C(3)(h)[2][a][iii], [k], [o], [q], [r], [t], [u], [w], [x], [y] and [z].

[f] Setbacks from tower base. The minimum distances between the base of a commercial communications antenna support structure and any adjoining property line or street right-of-way line shall equal 40% of the proposed commercial communications antenna support structure height. Where the land site on which a tower is proposed to be located is contiguous to an educational use, child day-care facility or residential use, minimum distance between the base of a commercial communications antenna support structure and any such adjoining uses shall equal 100% of the proposed commercial communications antenna support structure height, unless it is demonstrated to the reasonable satisfaction of the Board and its engineer that in the event of tower failure, the tower is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

[g] Antenna support structure safety.

[i] The applicant shall demonstrate that the proposed commercial communications antenna(e) and commercial communications antenna support structure are designed and constructed in accordance with all applicable national building standards for such facilities and structures, including but not limited to the standards developed by the Electronics Industry Association, the Institute of Electrical and Electronics Engineer, the Telecommunications Industry Association, the American National Standards Institute and the Electrical Industry Association. The applicant shall demonstrate that the proposed wireless communications facility is designed in such a manner so that no part of the facility will attract/deflect lightning onto adjacent properties.

[ii] When a commercial communications antenna(e) is to be located on an existing structure and the general public has access to the structure on which the commercial communications antenna(e) is to be located, the applicant shall provide engineering details showing what steps have been taken to prevent microwave binding to wiring, pipes or other metals. For purposes of this section, the term "microwave binding" shall refer to the coupling or joining of microwave energy to electrical circuits, including but not limited to power lines and telephone wires, during which process the transference of energy from one to another occurs.

[h] Fencing. A security fence shall be required around the antenna support structure and other equipment, unless the commercial communications antenna(e) is mounted on an existing structure pursuant to Subsection C(3)(h)[2][e].

[i] Landscaping. The following landscaping shall be required to screen as much of a newly constructed commercial communications antenna support structure as possible. The Board of Supervisors may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Board of Supervisors, they achieve the same degree of screening as the required landscaping.

[i] An evergreen screen shall be required to surround the commercial communications antenna support structure. The screen can be either a hedge planted three feet on center maximum or a row of evergreen trees planted 10 feet on center maximum. The evergreen screen shall be a minimum planted height of six feet at planting and shall be capable of growing to a minimum of 15 feet at maturity.

[ii] Existing vegetation on and around the land site shall be preserved to the greatest extent possible.

[j] Design. In order to reduce the number of commercial communications antenna support structures in the Township in the future, the proposed commercial communications antenna support structure shall be designed to accommodate other potential communication users, including but not limited to commercial wireless communication companies, local police, fire and ambulance companies.

[k] Licensing and applicable regulations. If the applicant is a commercial wireless communications company, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and provide the Township Secretary with copies of all FCC applications, permits, approvals, licenses and site inspection records. All such information shall be accompanied by a certification signed by two officers of the applicant providing that, after due inquiry, the information being supplied is true and correct to the best of their knowledge, information and belief. The applicant shall also provide the Township Secretary with copies of all applicable federal regulations with which it is required to comply and a schedule of estimated FCC inspections. The applicant shall provide proof to the Township that it has complied with Section 106 of the National Historic Preservation Act, 16 U.S.C. § 470f, as amended, and has reviewed the effects of the proposed wireless communications facilities on local historic resources that are included in or eligible for inclusion in the National Register of Historic Properties.

[l] Proof of inspection.

[i] The owner of a commercial communications antenna support structure shall submit to the Township Engineer proof of the annual inspection of the commercial communications antenna support structure and commercial communications antenna(e) by an independent professional engineer as required by the ANSI/EIA/TIA-222-E Code. Based upon the results of such inspection, the Board of Supervisors may require removal or repair of the wireless communications facility.

[ii] In the event that the annual inspection referred to above is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings in accordance with § 240-54.

[m] Soil report. A soil report complying with the standards of Geotechnical Investigations, ANSI/EIA-222-E, as amended, shall be submitted to the Township Engineer to document and verify the design specifications of the foundation for the commercial communications antenna support structure, and anchors for the guy wires, if used.

[n] Inspection by engineer. Prior to the Township's issuance of a permit authorizing construction and erection of a commercial communications antenna support structure, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of its ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association, and certify the proper construction of the foundation and the erection of the commercial communications antenna support structure. Where antenna(e) are proposed to be attached to an existing structure, such engineer shall certify that both the structure and the antenna(e) and their appurtenances meet minimum industry standards for structural integrity. This requirement shall constitute a required condition of any conditional use approval for the proposed use.

[o] Required parking. If the wireless communication facility is fully automated, a minimum of two spaces shall be provided unless the applicant demonstrates to the satisfaction of the Board of Supervisors that adequate parking is available. If the wireless communication facility is not fully automated, the number of required parking spaces shall equal the number of employees present at the wireless communication facility during the largest shift.

[p] Visual appearance. Commercial communications antenna support structures shall be painted silver, or another color approved by the Board, or shall have a galvanized finish. All wireless communications equipment buildings and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Board of Supervisors may require that:

[i] Commercial communications antenna support structures be painted green up to the height of nearby trees.

[ii] Wireless communications equipment buildings which house electrical transmitter equipment be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.

[iii] In making these determinations, the Board of Supervisors shall consider whether its decision will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

[q] Site plan. A full site plan shall be required for all wireless communications facilities, showing all existing and proposed structures and improvements, including but not limited to the commercial communications antenna(e), commercial communications antenna support structure, building, fencing, buffering, ingress and egress. The plan shall comply with Chapter 205, Subdivision and Land Development.

[r] No sign or other structure shall be mounted on the wireless communications facility, except as may be required by the FCC, FAA or other governmental agency.

[s] Lighting. Commercial communications antenna support structures shall meet all Federal Aviation Administration (FAA) regulations. No commercial communications antenna support structure may be artificially lighted except when required by the FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall be limited to the minimum lumens and number of lights so required and it shall be oriented inward so as not to project onto surrounding properties. The applicant shall promptly report any outage or malfunction of FAA mandated lighting to the appropriate governmental authorities and to the Township Secretary.

[t] Maintenance. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and the traffic safety and noise impacts of such maintenance.

[u] Vehicular access. In the event that a commercial communications antenna(e) is attached to an existing structure, vehicular access to the wireless communications facility shall not interfere with the parking or vehicular circulation on the site for the existing principal use.

[v] Collocation. If the applicant proposes to build a commercial communications antenna support structure [as opposed to mounting the commercial communications antenna(e) on an existing structure, the applicant shall demonstrate that it has contacted the owners of structures of suitable location and height (such as smoke stacks, water towers and buildings housing existing commercial communications antenna support structures) within a one-mile radius of the site proposed, has asked for permission to install the commercial communications antenna(e) on those structures and has been denied. The Board of Supervisors may deny an application to construct a new commercial communications antenna support structure if the applicant has not made a good faith effort to mount the commercial communications antenna(e) on an existing structure as set forth in this subsection.

[w] Abandonment. If use of the wireless communications facility is abandoned, or if the wireless communications facility is not in use for a period of six months or longer, the owner shall demolish and/or remove the wireless communications facility from the land site within six months of such abandonment and/or nonuse. All costs of demolition and/or removal shall be borne by the owner of the wireless communications facility. In the event that the demolition and/or removal referred to above is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings in accordance with § 240-54C.

[x] Notification. The Township Zoning Officer shall notify all property owners in East Goshen Township within a one-thousand-foot radius of the proposed commercial communications antenna of the date, time and location of the conditional use hearing at which the application will be considered. The notice shall be mailed at least 14 days prior to the date of the hearing. In the event the proposed commercial communications antenna is located within 1,000 feet of the Township boundary, the Zoning Officer shall notify the Manager of the adjacent municipality.

[y] Interference. In the event that the wireless communications facility causes interference with the radio or television reception of any Township resident for a period of three continuous days, the resident shall notify the applicant of such interference and the applicant, at the applicant's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event that the interference is not corrected in a timely manner, the applicant shall be subject to the civil enforcement proceedings in accordance with § 240-54C.

[z] Annual report. In January of each year, the owner of any wireless communications facility shall pay the registration fee as established from time to time by resolution of the Board of Supervisors and shall provide the Township Secretary with the following information. Changes occurring with respect to any such reported information shall be reported to the Township Secretary, in writing, within 10 days of the effective date of such change(s).

[i] The names and addresses of the owner of the wireless communications facility and any organizations utilizing the wireless communications facility and telephone numbers of the appropriate contact person in case of emergency.

[ii] The name and address of the property owner on which the wireless communications facility is located.

[iii] The location of the wireless communications facility by geographic coordinates, indicating the latitude and longitude.

[iv] Output frequency of the transmitter.

[v] The type of modulation, digital format and class of service.

[vi] Commercial communications antenna(e) gain.

[vii] The effective radiated power of the commercial communications antenna(e).

[viii] The number of transmitters, channels and commercial communications antenna(e).

[ix] A copy of the owner's or operator's FCC authorization.

[x] Commercial communications antenna(e) height.

[xi] Power input to the commercial communications antenna(e).

[xii] Distance to nearest base station.

[xiii] A certification signed by two officers of the applicant that the wireless communications facility is continuing to comply with this chapter and all applicable governmental regulations, including but not limited to output and emission limits established by the FCC.

[xiv] A certificate of insurance issued to the owner/operators, evidencing that there is adequate current liability insurance in effect insuring against liability for personal injuries and death and property damage caused by the land site and the wireless communications facilities.

[aa] The applicant may, upon conditional use approval being granted by the Board of Supervisors, install a commercial communications antenna in any zoning district, provided the following conditions are met:

[i] The commercial communications antenna shall be located entirely within a steeple and no portion of the antenna shall be visible from the outside.

[ii] The applicant demonstrates compliance with the provisions of § 240-31C(3)(h)[2][e].

**Webmasters Note: The previous subsection, C(3)(h), has been amended as per Ordinance No. 129-T-04.

(i) Day-care center, child or adult, as a principal use.

[1] Shall not meet the definition of a "boardinghouse" or "treatment center. "

[2] A child day-care center shall include a safe and fenced outdoor play area.

[3] Any additional off-street parking needed for the center shall be provided on the same lot as the center. A minimum of 10% of the required parking or at least four regular and/or one handicapped parking spaces shall be designed and reserved for the convenient and safe pickup and drop off of persons.

[4] The operation of such center shall be in accordance with applicable state standards, including having a valid state license and/or registration as required.

[5] The use shall include constant supervision during all hours of operation.

(j) Funeral home. Minimum lot area: 2. 0 acres.

(k) Gasoline service station.

[1] All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.

[2] Fuel pumps shall be at least 25 feet from any street line.

[3] Automobiles taken to a service station for outside storage because of an accident shall remain no longer than 15 days from the day the car arrives at the station unless otherwise extended by the Zoning Officer.

[4] All automobile parts and inoperable motor vehicles shall be stored within a building.

[5] Paint spraying or body- and fender work shall not be permitted.

[6] No portion of the lot shall be used for private parking or the parking of other vehicles except for employees and the automotive service station customer.

(l) Golf course. No miniature golf course shall be permitted as part of this use.

(m) Group home.

[1] See definition in § 240-6.

[2] Supervision. There shall be adequate professional supervision as needed by an adequate number of person(s) trained in the field for which the group home is intended. Staffing shall meet requirements of any applicable federal, state or county standards.

[3] Certification. Any group home involving four or more unrelated persons living in a dwelling unit or that is otherwise required to be licensed or certified under an applicable state, county or federal program shall be certified or licensed, as applicable, as a condition of township approval.

[a] A copy of any such license or certification shall be filed with the township and shall be required to be shown to the Zoning Officer in the future upon request. The group home shall notify the township, in writing, within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents, or if an applicable certification/license expires, is suspended or is withdrawn.

[b] If such group home is not so certified or licensed, then the applicant shall provide a written and signed statement from a qualified medical professional stating that adequate staffing is being provided for the type of client being served. Such statement shall be subject to review and acceptance by the township.

[4] Registration. The group home shall register its location, general type of treatment/care, maximum number of residents and sponsoring agency with the township. Such information shall be available for public review upon request.

[5] Counseling. Any medical or counseling services provided on the lot shall be limited to residents.

[6] Parking. One off-street parking space shall be provided for each employee on duty at any one time, and every resident of a type reasonably expected to be capable of driving a vehicle. Off-street parking areas of more than four spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of Article V.

[7] The use shall not meet the definition in § 240-6 of a "treatment center. " A group home shall not house persons who can reasonably be considered to be a physical threat to others.

[8] Appearance. If the group home is within a residential district, the building shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to the other residential structures in the area. No exterior signs shall be permitted.

[9] The restriction on the number of residents in a group home shall include any employee(s) who routinely stay overnight on-site. A group home shall be regulated by the maximum number of unrelated persons permitted to live in a dwelling unit under the definition of "family. " However, that number of unrelated persons may be increased to the following total number for a group home serving physically handicapped or developmentally disabled/retarded persons:

[a] Single-family detached dwelling with minimum lot area of 15,000 square feet and minimum building setbacks from all lot lines of 15 feet: five persons.

[b] Single-family detached dwelling with minimum lot area of 30,000 square feet and minimum building setbacks from all lot lines of 25 feet: eight persons.

[c] In an I-2 District, where permitted: 20 persons, provided that there is a minimum building setback from all lot lines of 75 feet.

[10] Septic. If a group home will use an on-lot septic system and will involve six or more persons routinely on the premises at any one time, the septic system shall be required to be reviewed by the County Health Department to determine if it is adequate.

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

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

[13] See provisions in § 240-58E, regarding variances to comply with federal law.

(n) Helipad (or heliport) . As an accessory or principal use.

[1] Minimum lot area for helipad: five acres.

[2] The heliport may be an accessory or a principal use on a lot in the I-2 District, but shall require conditional use approval. The use shall be a private facility that is not open for use by the general public.

[3] The applicant shall provide evidence that the site and its design has been approved by the Pennsylvania Bureau of Aviation and the Federal Aviation Administration.

[4] The proposed primary flight paths shall be designed to minimize noise hazards to existing residences or approved residential developments.

[5] Any portion of the helipad shall be 1,000 feet from any residential district or the lot line of any other existing dwelling unit for property that the applicant does not own or upon which have an agreement of sale.

[6] The helipad shall only be used for a maximum of 14 total combined takeoffs and landings per week (such as seven takeoffs and seven landings) .

[7] The maximum of 500 gallons of fuel for helicopters may be stored on site.

[8] The heliport shall be limited to use between the hours of 7:00 a. m. and 9:00 p. m. , except for medical emergencies.

[9] The heliport may only be used under visual flight rule conditions, except for emergencies.

[10] Conditions. The Board of Supervisors shall place such reasonable conditions on the use to protect the public from noise nuisances and safety hazards. These types of conditions include limiting the maximum sizes of helicopters, the hours of operations, the numbers of flights and the general direction of approach. However, such Board shall not place any conditions on the use that will seriously interfere with the safety of the operations.

(o) Horse barns. Shall comply with all the requirements for horse barns (§ 240-32A) and animal husbandry (this section) .

(p) Junkyard (includes automobile salvage yard) .

[1] Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on site and routinely awaiting pickup.

[2] Outdoor storage of junk shall be at least 100 feet from any residential lot line and at least 50 feet from any other lot line and the existing right-of-way of any public street.

[3] The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.

[4] Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a fifty-foot-wide buffer yard which is screened in accordance with § 240-27C(3) , unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

[5] Burning or incineration of vehicles or junk is prohibited.

[6] See the noise or dust regulations of Article V.

[7] All gasoline and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious, properly drained surface.

[8] Lot area: three acres minimum; 20 acres maximum.

(q) Life care development.

[1] Minimum tract area. A life care development shall require a total minimum tract area, excluding any portions thereof lying within a street right-of-way, of 10 acres. [Amended 5-5-1998 by Ord. No. 119-C-98]

[2] The residents must be at least 55 years of age, except that spouses of residents may be less than 55 years old, and except that residents of younger age may be permitted if they need such care because of physical disabilities.

[3] The life care development shall be developed in accordance with all the standards in § 240-29C, except for the following standards which will apply to a life care development:

[a] Density. No more than one dwelling unit shall be constructed for each 2,175 square feet of minimum tract area. This density shall be calculated as follows: [Amended 5-5-1998 by Ord. No. 119-C-98; 8-21-2001 by Ord. No. 129-E-01]

[i] Each independent living house unit: one dwelling unit.

[ii] Intermediated care facility. Each bed: 1/2 dwelling unit.

[iii] Skilled care facility. Each bed: 1/2 dwelling unit.

[b] Maximum building and impervious coverage. The maximum building coverage shall be 25%, and the maximum impervious surface coverage shall be 45%. [Amended 8-21-2001 by Ord. No. 129-E-01]

[c] Maximum height. The maximum height of all buildings shall not exceed three stories or 35 feet. No unit shall be more than two stories above its ground entrance without the use of elevators.

[d] Building separations. No building which has three or fewer stories shall have any wall greater than 100 feet in horizontal length, without architecturally attractive offsets, and every building which has three or fewer stories shall be separated from no more than two other buildings by at least 11/2 times the height of the building. All buildings may be interconnected at all floors with enclosed corridors.

[e] Recreation spaces. One or more recreation spaces (each with a minimum area of 1,200 square feet) shall be provided, whose total area equals at least 100 square feet per unit. All recreation spaces shall be located in areas suitable for outdoor recreation. All recreation spaces shall be at least 20 feet from any building.

[f] Buffer yards. Buffer yards in accordance with § 240-27C(2) shall be provided around the perimeter of the life care development.

[4] Sundries/gift shop. The purpose of this small shop is to afford an opportunity for the residents of the life care development and their guests to purchase personal services, necessary toiletries and other sundry items. The maximum size of this shop shall not exceed 500 square feet.

[5] Ownership. Except to the extent the independent living units are proposed for fee simple or condominium ownership, the life care development shall be constructed, owned and maintained either by a single legal entity and shall be retained in single ownership or, with the approval of the Board, by more than one entity and ownership when the entirety of the development is subject to both a written management agreement to which both entities are bound, and to a recorded declaration of covenants, restrictions, easements and conditions requiring the continued combined use of the development tract as a life care development in perpetuity, until released from such restriction by the Board. The agreement and declaration shall be subject to the approval of the Board with respect to those provisions which are material to the regulations imposed by Subsection C(3) (q) . [Amended 5-5-1998 by Ord. No. 119-C-98]

[6] Services/facilities. The services and/or facilities within the development shall be for the exclusive use of the residents of the development and their guests.

[7] A life care development shall devote at least 35% of the total floor area of the facility to common amenities for resident care and benefit, including but not limited to centralized dining facilities, community lounges, meeting and activity rooms, doctor and nurse examination rooms, administrative offices and support service area.

[8] A life care development shall designate and devote at all times at least 10% of the units to intermediate care units.

[9] A life care development may be owned and operated by separate entities on not more than three contiguous lots held in single and separate ownership (a "split life care development") , subject to each lot's compliance with the regulations specified in this § 240-31C(3) (q) , except minimum lot area, which shall be as required by Subsection C(3) (q) [9] [c] of this section, and compliance with the following requirements. [Note: In the case of a life care development consisting of two of the three allowable components permitted by § 240-6, the life care development shall be restricted to two lots. In the case of a life care development consisting of the three allowable components permitted by § 240-6, the life care development may consist of, but shall be limited to, three contiguous lots. ] [Added 8-21-2001 by Ord. No. 129-E-01]

[a] A joint application for the proposed uses shall be filed by the respective lot owners/operators, each of which will describe the specific and distinct life care development components required as defined in § 240-6. The application shall specify the applicant's intent to develop the proposed uses as a life care development.

[b] Separate plans satisfying the sketch plan requirements of § 205-27 of the East Goshen Code shall be filed with the application for each proposed use and development. In addition, such plans shall specify any proposed cross-easements for pedestrian and vehicular access, utilities, parking and/or maintenance, if any, and the final plan shall be accompanied by a proposed declaration of any such cross-easements in form and content as approved by the Township Solicitor and suitable for recording with the final plan.

[c] None of the proposed lots shall be less than three contiguous acres in area, and, in combination, they shall not be lot less than 10 contiguous acres in area.

[d] The Board may approve as a conditional use the encroachment of a portion of not more than one building within one of the side yards of each separate contiguous lot constituting a split life care development for the purpose of facilitating interior access from one such building to another. Such encroachment shall be limited to only such portion of the buildings as are practically required for such connection, it being the intention of this subsection not to sanction complete elimination of the side yard requirement. The extent of such encroachment shall be subject to the discretion of the Board, upon due proof by the applicant of the necessity for such interconnection of buildings.

[e] If approved, each conditional use approval for the uses constituting the split life care development shall be subject, however, to the execution by the operators and approval by the Board of a written agreement, in form and content as approved by the Township Solicitor, describing the extent to which the respective operators will market to the public or otherwise make available designated services provided by them to the residents of each such component of the life care development, as for example, priority in admissions, dining services, health-care services, transportation services or other such services incidental to a life care community.

(r) Mobile/manufactured home. On an individual lot or within a mobile/manufactured home park.

[1] Construction. Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with the Safety and Construction Standards of the United States Department of Housing and Urban Development. These federal standards supersede the BOCA Code for the actual construction of the home itself.

[2] Each site shall be graded to provide a stable and well-drained area.

[3] Each home shall have the hitch mechanism removed. It is recommended, but not required, that the wheels and axles be removed and stored under the home.

[4] Installation. A system of securing the home to the ground shall be installed that will prevent shifting, overturning or uneven settling of the home and to provide a secure base for installation of tie-downs. This shall involve the following method, unless the applicant proves to the satisfaction of the Zoning Officer that another method will be used that is recommended by the manufacturer of the home or by the manufacturing housing industry.

[a] The foundation system shall consist of concrete piers or concrete footings perpendicular to the main longitudinal frame, or equivalent, and shall be installed from ground level to below the frost line (36 inches minimum) . The piers or footings shall be a minimum of four inches greater in width than the concrete blocks used to support the home. Concrete blocks shall have a minimum width of eight inches. This foundation system shall be placed on approximately eight-foot centers (unless another distance is specifically recommended, in writing, by the manufacturer) along each of the two main longitudinal frames for each section of the home, with no more than three feet of overhang at each end of the section. The Township Building Inspector may review and approve other foundation options such as concrete trench piers placed perpendicular to the main longitudinal frame, concrete slabs under the entire home footprint or equivalent foundation systems.

[b] One-half-inch diameter by twelve-inch-long eyebolts, or approved equivalent u-shaped bars, that shall be cast in place at each corner and at two midpoints in the concrete piers, concrete footing, slab or equivalent foundation. Concrete blocks shall be used to support the home on the foundation system and metal or masonry shims may be used for final leveling. The concrete support blocks shall not be wider than the support foundation.

[c] Each mobile/manufactured home shall be securely anchored or tied down with cable and turnbuckles or equivalent connecting the frame to the cast-in-place eyebolts on at least four corners and two midpoints. The tie-down shall also be in accordance with the manufacturer's recommendations furnished with each home.

[d] Mobile homes shall not be placed more than four feet above the supporting ground area.

[e] As part of the construction standards for each mobile home, the United States Housing and Urban Development Department requires that each unit be built to meet certain windstorm protection requirements. As of 1993, these regulations in Section 3280. 307 of Title 24 of the United States Code included the following statement: "Anchoring equipment shall be capable of resisting an allowable working load equal to or exceeding 3,150 pounds and shall be capable of withstanding a fifty-percent overload (4,725 pounds total) without failure of either the anchoring equipment or the attachment point on the manufactured home. "

[5] Skirting. The space between the bottom of the home and the ground and/or home pad shall be enclosed using either:

[a] Industry-approved skirting material compatible with the home; or

[b] If a concrete foundation is used, masonry walls underneath the home with soil backfill to result in the surrounding ground level being no more than three steps in height below the first floor elevation. If this alternative is used, an access area with lower grade through the masonry area shall be installed, with 24 inches minimum height that allows convenient access by humans for service.

(s) Mobile home park. Shall comply with all the requirements of § 205-64B of Chapter 205, Subdivision and Land Development.

(t) Motel. § 240-27C shall be followed to guide the design and landscaping of the motel.

(u) Motorcycle dealer/sales.

[1] The outdoor display of motorcycles shall be prohibited within any yard area.

[2] All repairs shall be undertaken within an enclosed building.

[3] All parts and inoperable cycles shall be stored within a building.

(v) Multiple principal uses of a building (see §§ 240-19B and 240-21C) . The following shall apply if an existing building is to be converted or built for multiple principal uses:

[1] Each type of principal use shall have a minimum of 5,000 square feet of contiguous floor space. Separate users which are the same type of principal use may make up the minimum 5,000 square feet of floor space.

[2] A development plan shall be submitted and conform to Chapter 205, Subdivision and Land Development, as well as §§ 240-24 and 240-27.

(w) Office development. No additional requirements.

(x) Outdoor retail sale of items associated with holidays. The sale of items shall be for a period not to exceed 60 days during a calendar year. The area shall be restored to its prior condition within two days after the holiday.

[1] Place of worship. [See Subsection C(3) (g) . ]

(y) Private recreation facility.

[1] Only the following activities shall be permitted in conjunction with this use: arts and crafts, nature study, music, dramatics, dance, swimming, tennis, horseback riding and recreational athletic programs.

[2] No motorized rides or activities utilizing motorized equipment shall be conducted.

[3] Any outdoor activity shall not take place within the required front, side or rear yards.

[4] No parking shall be permitted within the required front, side or rear yards.

[5] No outside lighting shall be permitted, except for lighting which is needed for security purposes.

[6] There shall be no less than one off-street parking space provided for each five persons of total design capacity of the facility, or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking space, plus one space for each employee on the shift of highest employment.

[7] The outdoor storage of materials and/or equipment shall be in accordance with § 240-27C(4) .

(z) Publicly owned recreation. Any outdoor activity area shall be located no closer to any lot line than the required front-yard depth and shall be, if necessary, screened to protect the neighborhood from any possible activity.

(aa) Public utility facility. An electric substation or similar energy transmission facility shall have an approved landscape plan to ensure the facility is visually compatible with the general area where it is located. A landscape plan in accordance with Chapter 205, Subdivision and Land Development, shall be submitted.

(bb) Radio or television transmitter. [See Subsection C(3) (h) . ]

(cc) Restaurant.

[1] Any drive-through facility shall be designed to allow safe pedestrian movement on the property and with sufficient stacking capacity to prevent backups of traffic onto a street.

[2] All outdoor trash dumpsters shall be totally screened as required by § 240-27C(4) .

(dd) Riding academy. All of the requirements of § 240-34A(1) that would relate to animal husbandry shall be met.

(ee) Shopping center.

[1] No storage of materials, equipment or goods shall be permitted outside a building unless they are located within a permanently enclosed patio.

[2] The use shall comply with § 240-27C.

[3] If the development of the shopping center is to be carried out in progressive stages, each stage shall be so planned that the requirements of this section and the intent of this chapter shall be met at the completion of any stage.

(ff) Single-family cluster development shall comply with all of the requirements of § 240-28.

(gg) Self-storage development.

[1] All storage units shall be fire-resistant and water-resistant.

[2] Outdoor storage shall be limited to recreational vehicles, boats and trailers. All vehicles located outside of an enclosed building shall display current registration and current safety inspection stickers.

[3] Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins or similar items shall not be stored.

[4] Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

[5] Major bodywork on vehicles shall not be permitted. The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.

[6] Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

[7] Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under Article V.

[8] Maximum building length: 250 feet.

[9] Minimum separation between buildings: 20 feet.

(hh) Solid waste transfer facility. (See definition in § 240-6. )

[1] All solid waste storage or processing shall be at least 200 feet from the following: a public street right-of-way, exterior lot line, one-hundred-year floodplain, edge of a surface water body (including a water-filled quarry) or wetland of more than two acres in area.

[2] All areas to be used for the storage or processing of solid waste shall be a minimum of 1,000 feet from any residential district, publicly owned park or any existing dwelling that the applicant does not have an agreement to purchase or the banks of any perennial creek or river.

[3] The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.

[4] Burning or incineration shall be prohibited.

[5] The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the township. Violations of this condition shall also be considered to be violations of this chapter.

[6] The applicant shall provide a traffic study that demonstrates to the satisfaction of the Board of Supervisors that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash-hauling trucks through or alongside existing residential or residentially zoned areas.

[7] The applicant shall prove to the satisfaction of the Board of Supervisors that the use would not routinely create noxious odors off of the tract. (See § 240-24G. )

[8] A chain link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Board of Supervisors that this is unnecessary. The Board shall require earth berms, evergreen screening and/or shade trees as needed to prevent landfill operations from being visible from an expressway or arterial streets or dwellings.

[9] A minimum total lot area of 20 acres (which may include land in an adjoining municipality) is required. A solid waste facility shall have a maximum total capacity of 500 tons per day.

[10] Health hazards. Any facility shall be operated in such a manner as to prevent the attraction, harborage or breeding of insects, rodents or vectors.

[11] Attendant. An attendant shall be present during all periods of operation or dumping.

[12] Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.

[13] Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.

[14] Under authority granted to the township under Act 101 of 1988, the hours of operation shall be limited to between 7:00 a. m. and 8:00 p. m.

[15] Tires shall not be stored on site in a manner creating a fire hazard.

[16] Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.

[17] Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed of or incinerated. "Infectious materials" are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.

[18] The applicant shall provide sufficient information for the township to determine that the requirements of this chapter will be met.

[19] State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the township and state levels, the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts township regulation in a particular aspect. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to the Pennsylvania Department of Environmental Protection at the same time as they are submitted to the Pennsylvania Department of Environmental Protection.

[20] A recycling collection center and/or bulk recycling center are permitted in combination with the use.

[21] All loading and unloading of solid waste shall only occur within an enclosed building and over an impervious surface which drains to a holding tank that is then adequately treated.

(ii) Swimming pool. The standards for swimming pools in § 240-32 shall apply.

(jj) Tennis/exercise club.

[1] No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the lot.

[2] No lighting shall be permitted which will shine on an adjacent lot.

(kk) Townhouses. Shall comply with all of the requirements of § 240-30.

(ll) Township park. Any outdoor activity area shall be located no closer to any lot line than the required front yard depth and, if necessary, shall be screened to protect the neighborhood from any possible activity.

(mm) Treatment center.

[1] The applicant shall provide a written description of all types of residents the use is intended to include over the life of the permit. Any future additions or modifications to this list shall require approval of the Board of Supervisors as a conditional use.

[2] The applicant shall prove to the satisfaction of the Board of Supervisors that such use will involve adequate supervision and security measures to protect public safety.

[3] The Board of Supervisors may place conditions on the use as necessary to protect public safety, including conditions on the types of residents and security measures.

[4] The use shall provide temporary treatment which shall not routinely exceed 12 months and shall not be a long-term residential use.

[5] Shall have a minimum lot area of 10 acres.

[6] Shall be set back a minimum of 250 feet from any lot line of an existing dwelling that has a different owner from the owner of the treatment center lot.

(nn) Trucking company terminal.

[1] Minimum lot area shall be five acres, except 10 acres for a use involving 10 or more loading/unloading bays.

[2] All tractor-trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from beyond the exterior lot lines of the use shall be screened by a fifty-foot-wide buffer yard. This buffer yard shall meet the following conditions:

[a] Include evergreen screening meeting the provisions of Article V.

[b] Include the planting of deciduous shade trees which shall meet the following requirements:

[i] Shall meet the provisions of Chapter 205, Subdivision and Land Development, that concern types and initial sizes of shade trees.

[ii] Shall be placed an average of every 60 feet of the lot perimeter, including abutting streets (such trees are not required to planted at regular intervals, but may be clustered) .

[iii] Shall be of types selected to be resistant to diesel exhaust.

[iv] Shall be planted on the exterior side of any required berm (or any wall that might be permitted in place of such berm) , any wall used for screening, any fence and any evergreen screening.

[v] Shall not be planted on the top of any berm, in order to provide effective screening.

[vi] May be planted within the future street right-of-way.

[3] The use shall not be required to meet township requirements requiring landscaped areas to be placed in the center of paved areas.

[4] Any entrance for trucks, loading/unloading area, outdoor storage or truck parking area shall be a minimum of 250 feet from any dwelling.

[5] The use shall include an appropriate system to contain and properly dispose of any fuel, grease, oils or similar pollutants that may spill or leak where such substances are stored or where vehicles are fueled, repaired or maintained.

[6] Any tractor-trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from and are within 250 feet of the exterior lot lines of the use shall be separated from such lot lines by an earthen berm. Such berm shall meet the following conditions:

[a] Shall average a minimum of five feet in height above the adjacent average ground level (disregarding any drainage channel) on the outside of the berm.

[b] Shall not have one completely continuous height, but instead shall vary in height by one or two feet in places.

[c] Shall have a maximum side slope of three horizontal to one vertical.

[d] Shall be covered by a well-maintained all-season natural ground cover, such as grass.

(oo) Truck and other heavy equipment repairs. All repairs shall be undertaken within an enclosed building.

(pp) Wholesaling, warehousing and distribution. All loading and unloading operations shall be carried on within or contiguous to the facade of any building(s) used for such purpose.

(qq) Parking in front yard and/or impervious coverage expansion. Motor vehicle parking shall be permitted in the required front yard and the impervious coverage may be increased to 60% or the impervious coverage may be increased to 60% to provide for additional parking in other locations for properties in the I-1 and BP Zoning Districts, provided that all of the following requirements are met: [Added 4-7-1998 by Ord. No. 119-A-98; amended 6-3-2003 by Ord. No. 129-F-03]

[1] Justification of need. The applicant shall present evidence at the conditional use hearing justifying the need for the additional parking. The burden of proof shall be on the applicant to demonstrate that the additional parking is warranted and, if applicable, that there is no other area of the lot where the parking could be located. The determination of whether or not the evidence presented is sufficient to warrant the installation of additional parking and/or the increase in impervious coverage under this section is at the sole discretion of the Board of Supervisors.

[2] All parking areas shall be located a minimum of 20 feet from the street right-of-way line, except that additional parking shall not be located between the right-of-way lines of Paoli Pike, Boot Road and Airport Road and the building setback lines of the respective lots. There shall be a landscaped area between the front of the building and the parking area. This area shall be a minimum of 15 feet in width.

[3] The applicant shall prove to the satisfaction of the Township Engineer that there will be proper stormwater management of the increased runoff. The applicant shall, to the maximum extent possible if soil conditions warrant, recharge the additional stormwater generated as a result of the increase in impervious coverage.

[4] The applicant shall submit a landscaping plan that shows the location of all buildings and parking and the location, species and initial heights of proposed landscaping. The landscaping plan shall be prepared by a registered landscape architect.

[a] At an absolute minimum, such additional landscaping shall include a minimum of two deciduous or evergreen trees and four deciduous or evergreen shrubs for each 3,000 square feet of impervious coverage above the fifty-percent maximum impervious coverage.

[b] Each required deciduous tree shall have an initial trunk width of 2 1/2 inches in diameter (caliper) measured one foot above the soil line. Each evergreen tree shall be a minimum of eight feet in height. The required deciduous or evergreen shrubs shall have an initial minimum height of 30 inches.

[c] Such landscaping shall be in addition to any landscaping that exists on the effective date of this subsection.

[d] The majority of the additional landscaping shall be located to reduce the visual impact of the additional parking as viewed from adjacent properties.

**Webmasters Note: The previous subsections, C(3)(qq), has been amended as per Ordinance No. 129-F-03.

(rr) Private primary school and church or place of worship. [Added 9-7-1999 by Ord. No. 129-F-99]

[1] Minimum lot area: 12 acres.

[2] Parking for each principal use shall be as required by § 240-33 for each such principal use.

[3] No hospital, sanatorium or penal institution shall be permitted.

[4] All buildings, regardless of the use to which they are put, shall comply with the requirements for a school specified in § 240-9G, except for the minimum lot area requirement, which shall be 12 acres.

[5] If the lot contains two or more principal buildings, each principal building shall be separated from any other principal building by a distance of at least 80 feet, measured from the face of the foundation wall of the nearest point of any such building.

[6] A rectory, parsonage and/or convent shall be a permitted accessory use.

[7] Signs. A maximum of two freestanding, direct illuminated signs shall be permitted. Each sign shall not exceed 24 square feet in area and shall not exceed 4. 5 feet in height. The signs shall be generally consistent in materials and font size. [Added 5-7-2002 by Ord. No. 129-L-02]

(ss) Bed-and-breakfast. [Added 3-7-2000 by Ord. No. 129-E-00]

[1] The use shall be conducted in a single-family detached dwelling having its frontage on one of the following four state-owned roadways:

[a] Route 3 - West Chester Pike;

[b] Paoli Pike;

[c] Boot Road; or

[d] Route 352 - North Chester Road.

[2] A minimum of 50% of the gross floor area of the single-family detached dwelling shall have been constructed prior to January 1, 1940. The determination shall be made by the Board of Supervisors based on recommendations from one or more of the following sources:

[a] The Zoning Officer and/or Building Inspector of East Goshen Township;

[b] Proof of listing on the National Historic Register or the State Historic Register;

[c] A licensed/registered professional architect or engineer specializing in historic preservation; the East Goshen Township Historic Commission; or

[d] Presentation by the applicant of other evidence to the Board of Supervisors, including but not limited to photographs, tax records and building permits.

[3] No construction, alteration or renovation of the proposed bed-and-breakfast shall take place which would in any way change the exterior appearance from that of a single-family dwelling. No renovation of the building proposed to house the bed-and-breakfast shall occur prior to the approval of the Board of Supervisors based on the recommendation of the Historic Commission.

[4] The bed-and-breakfast shall constitute the principal residence of the owner/operator, as these terms are defined in § 240-6.

[5] A maximum of five guest rooms shall be permitted.

[a] Each guest room shall be provided with a separate bath facility which, at the minimum, shall contain a sink, water closet and shower or tub.

[b] A separate bathroom shall be provided for the operator of the bed-and-breakfast.

[c] Dining facilities shall be restricted to overnight guests, and only breakfast shall be served. There shall not be separate cooking facilities, including hot plates, in any guest room or public area, other than the primary kitchen.

[d] There shall be no retail sales of any items on the premises.

[e] The maximum length of stay for any guest shall be seven nights in any sixty-day period. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. All registration records shall be available for review by township officials during regular business hours.

[6] There shall be one off-street parking space for each guest room plus two off-street parking spaces for the operators. There shall also be an additional parking space for each nonresident employee.

[a] All parking spaces shall be located behind or to the side of the building, measured from its front face, containing the bed-and-breakfast.

[b] The driveway shall meet current PADOT standards for sight distance.

[c] The parking area shall be screened from the direct view of an adjacent residential use, or the road in the case of side parking, by a wall or solid fence five feet high or a completely planted visual barrier consisting of evergreen plantings with a minimum height of six feet after planting and placed no more than 10 feet on center. The required plantings shall be staggered so as to provide as complete a visual barrier as is possible. The owner shall be responsible for maintaining plantings to ensure they meet the above regulations while the property is used for this purpose.

[d] A driveway and the parking area will be constructed of aggregate and/or bituminous paving and meet the approval of the Township Engineer.

[7] One freestanding sign or one historic wall sign shall be permitted. [Amended 5-4-2004 by Ord. No. 129-D-04]

[a] Freestanding sign.

[i] The sign shall be a maximum size of six square feet on each of no more than two faces.

[ii] The sign shall be no higher than six feet above ground level.

[iii] The sign may be directly illuminated by a maximum of two seventy-five-watt bulbs (one for each side).

[iv] The sign, and related illumination, shall adhere to the standards of §§ 240-22 and 240-24H.

[b] Historic wall sign.

[i] The sign shall be a maximum size of six square feet on each of no more than two faces.

[ii] The sign shall project no more than four feet from the building.

[iii] The top of the sign shall not exceed:

[A] One-story building: the eave height.

[B] Two- or three-story building: the height of the second floor windowsill.

[iv] The sign may be directly illuminated by a maximum of two seventy-five-watt bulbs (one for each side).

[v] The sign, and related illumination, shall adhere to the standards of §§ 240-22 and 240-24H.

**Webmasters Note: The previous subsection, [7], has been amended as per Ordinance No. 129-D-04.

[8] The owner of the establishment shall be required to obtain a zoning permit and a use and occupancy permit from the township prior to commencement of operation.

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

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

[9] All guests rooms and common areas shall be equipped with hard-wired smoke detectors.

(tt) Public or private primary or secondary school. [Added 7-2-2002 by Ord. No. 129-M-02]

[1] Minimum lot area:

[a] R-2 Zoning District: 10 acres.

[b] R-3 Zoning District: 10 acres.

[c] C-4 Zoning District: 4 acres.

[2] No hospital, sanatorium or penal institution shall be permitted.

[3] All buildings shall comply with the requirements for a school specified in:

[a] R-2 Zoning District: § 240-9G.

[b] R-3 Zoning District: § 240-10G.

[c] C-4 Zoning District: § 240-16H.

[4] Structures associated with athletic fields such as baseball backstops, dugouts, outfield fences, soccer goals, lacrosse goals, goal posts and movable (not affixed to the ground) bleachers shall be permitted in the front yard or side street yard but shall be at least 50 feet from the front or side street lot line.

[5] Athletic fields shall be located at least 25 feet from a front or side street lot line. If the front or side street lot line abuts a state road the minimum setback shall be 50 feet. Any field located 65 feet or less from a front or side street lot line shall be fenced along the front and side street lot line with chain link or other approved fence having a minimum height of four feet. [Amended 10-15-2002 by Ord. No. 129-P-02]

**Webmasters Note: The previous section has been amended as per Ordinance No. 129-P-02.

(uu) Mining operations. [Added 10-29-2002 by Ord. No. 129-Q-02]

[1] Landscaping and screening. There shall be a berm around the perimeter of the mining operation, which shall be located within the required side, rear and front yard areas and not closer than 50 feet from the property boundary, or where a street forms the property boundary, not closer than 50 feet from the ultimate right-of-way of such street. The berm shall have a minimum height of 15 feet and maximum height of 35 feet. The slope of sides of the berm shall not exceed a three-to-one ratio. Berms shall be planted and all landscaping shall be in accordance with § 240- 27C(3). Erosion control measures shall be in accordance with the Township Subdivision and Land Development Ordinance.

[2] Fencing. A chain-link type fence at least six feet in height, surmounted by three strands of barbed wire, shall be provided around the perimeter of the mining operation and maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet. The fence shall conform to the required side, rear and front yard setbacks.

[3] Slope of excavation. The mining operation walls shall be sloped in accordance with the provisions of Pennsylvania Surface Mining Conservation and Reclamation Act and the rules and regulations adopted pursuant thereto. No slope shall be maintained exceeding the normal limiting angle of repose of the material in which the excavation or extraction should be made. No undercutting shall be permitted within any required setback area. The depth of extraction shall be limited so it will not contribute to lowering the aquifer or water table off site. The slope of excavation shall start at the extraction limits detailed in Subsection C(3)(uu)[4] below.

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

[5] Lateral support. All operations shall be conducted with sufficient lateral support in accordance with commonwealth regulations and certified by the Township Engineer to be safe with respect to hazard to persons, physical damage to adjacent lands or improvements, or damage to any street, sidewalk, parking area, or utility by reason of slide, sinking or collapse.

[6] Stockpiles. Stockpiles shall not exceed 35 feet in height and the toe of the slope shall not be located closer than 200 feet from any property line nor closer than 300 feet from the street line.

[7] Drainage. All drainage from the site of extractive operations shall be controlled by dikes, barriers, or drainage structures sufficient to prevent any silt, debris, or other loose materials from filling any existing drainage course or encroaching on streets and adjacent properties. In no case shall any silt, debris or other loose material leave the site.

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

[9] Operations. The mixing of rock materials with asphaltic oils or other binders for road building and construction purposes shall only be permitted as a conditional use.

[10] Internal circulation. An adequate internal circulation pattern of streets shall be maintained between excavation and processing areas. The use of a public street shall not be permitted for hauling between extractions and processing except as stated in Subsection C(3)(uu)[11] below.

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

[a] Stop signs shall be placed at the intersection of all internal roadways with public highways, halting all internal traffic in any direction before the crossing of the public highway.

[b] Street signs as permitted by PennDOT on all public highways intersected by internal roadways, at a point 150 feet from the intersection of the public highway and internal roadway, one on either side of the intersection on the public highway indicating that caution should be observed and that trucks will be crossing 150 feet from the signs.

[c] Caution lights as permitted by PennDOT are to be provided, having at least two blinking yellow lights sufficient to attract the attention of a passing motorist, attached to a sign advising that caution should be observed due to a truck crossing ahead, and the signs shall be at a distance of 300 feet from the intersection of the public highway and internal roadway or less if necessary so that one sign faces each direction of travel upon the public highway.

[d] All public roads shall be clean from dust and spillage.

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

[13] Parking. Off-street parking spaces shall be provided in accordance with the requirements of § 240-33A.

**Webmasters Note: The previous subsection, C(3)(uu), has been added as per Ordinance No. 129-Q-02.

(vv) Carriage homes. [Added 2-22-2005 by Ord. No. 129-A-05]

[1] Minimum frontage for each carriage home development shall be 150 feet on a public street.

[2] Minimum gross tract area for each carriage home development shall be 10 acres.

[3] Minimum building width shall be 30 feet for each dwelling.

[4] Maximum building height shall not exceed 35 feet.

[5] A private space for each carriage home, of not less than 200 square feet, which shall be immediately adjacent to the front, back or side of each dwelling, shall be provided for the exclusive use of the occupants of that dwelling. If a carriage home development is subdivided into lots, the minimum lot area shall be the building footprint plus this required private space.

[6] Maximum density shall be four dwellings per acre of land within the carriage home development.

[7] Maximum impervious coverage shall not exceed 50% of the tract.

[8] No more than two carriage homes shall be attached to each other by party walls.

[9] External property line building setback. carriage homes shall be set back from any public road right-of-way line a minimum distance of 50 feet.

[10] Internal building setback from streets. Carriage homes shall have a minimum fifteen-foot setback from any development street.

[11] Spacing between buildings. There shall be a minimum of 15 feet between buildings.

[12] Carriage home open space. The proper operation and maintenance of all open spaces and community facilities shall be secured by an appropriate organization with legal responsibility for the same. If the dwellings are sold, the organization may be a condominium, cooperative, homeowners' association, trust or other appropriate nonprofit organization of the dwelling unit owners, organized in a manner found by the Township Solicitor to be legally effective and able to carry out its maintenance and operating responsibilities. It is the intention of this section to authorize the remedies provided in 53 P.S. § 10705(f) and 53 P.S. § 10706(2) of the Pennsylvania Municipalities Planning Code, and the same are hereby incorporated by reference.

[13] Carriage home streets. The minimum cartway width shall not be less than 20 feet in width, and all streets shall be privately owned and maintained.

[14] Parking. A minimum of 2.5 off-street parking spaces per unit is required.

[15] Buffer yards. A fifteen-foot-wide buffer area shall be provided around the entire carriage home development, except for those areas which abut a golf course.

[a] The buffer yard shall be landscaped in accordance with the screening requirements of § 240-27C(3).

[b] No structure, fence, planting or other obstruction shall be permitted which would interfere with traffic visibility across the corner of a lot and at access driveways within a triangle bounded by the street right-of-way lines and a straight line drawn between points on each right-of-way line 25 feet from their intersection. Such clear sight triangle shall be maintained in the area between a plane two feet above curb level and a plane seven feet above curb level. The screen planting shall be broken only at points of vehicular or pedestrian access.

[16] Accessory uses as listed in § 240-9E are permitted with the exception of detached garages.

[17] Storage enclosures. All storage structures shall be architecturally attached to and part of the dwelling and shall be fully enclosed.

[18] Homeowners" and/or condominium agreements. If the applicant is proposing restrictions, easements and/or covenants for the development or if any dwelling units are to be sold under homeowners" or condominium agreements, such restrictions, easements, agreement or agreements shall be submitted to the Township for review and approval with the preliminary plans.

[19] Signs. No more than two off-premises signs shall be permitted, provided that the applicant proves by a preponderance of the evidence that there will be a long-term system to ensure proper maintenance of the signs and any accompanying landscaping. The Board of Supervisors shall specifically approve the size, location, method of lighting and the content of the off-premises signs. The Zoning Officer shall issue a zoning permit for the signs upon recommendation of the Planning Commission and approval of the Board of Supervisors.

[20] Traffic circulation. The conditional use application shall be accompanied by a written narrative outlining the proposed traffic-calming measures to be installed that will minimize the adverse impact of pass-thru traffic in the carriage home development.

**Webmasters Note: The previous subsection, C(3)(vv), has been added as per Ordinance No. 129-A-05.