*Of all areas occupied by equipment, furnishings or inventory accessible to customers or patrons, but not including corridors, toilet rooms and other such accessory rooms as may be provided.

**Of all areas occupied by equipment, furnishings or inventory accessible to employees, but not including corridors, toilet rooms and other such accessory rooms as may be provided.

[d] Areas conditionally reserved for potential future use shall be attractively landscaped and remain in open space.

[3] The applicant shall enter into an agreement with the township requiring the applicant to maintain each conditionally reserved area as attractively landscaped open space and convert some or all of the conditionally reserved area to additional off-street parking if at any time the Board of Supervisors finds (based upon the results of field investigations and recommendations of the Township Engineer) that additional parking is needed. [Amended 3-7-2000 by Ord. No. 129-C-00]

B. General regulations applying to required off-street parking facilities.

(1) Existing parking. Structures and uses in existence prior to the effective date of this chapter shall not be subject to the requirements of this section, provided that the kind or extent of use is not changed and that any parking facility now serving such structures or uses shall not in the future be reduced to an amount less than that required by this chapter.

(2) Changes in use. Whenever a building or use [including those specified in Subsection B(l)] is changed or enlarged in floor area, number of employees, number of dwellings, seating capacity or otherwise to create a need, based upon the requirements of Subsection A for an increase of 10% or more in the number of existing parking spaces, the number of additional spaces to be provided shall be based upon the incremental change or enlargement so required.

(3) Continuing character of obligation.

(a) All required parking facilities shall be provided and maintained so long as the use which the facilities were designed to serve still exists.

(b) Off-street parking facilities shall not be reduced in total extent except when such reduction is in conformity with the requirements of this section in conjunction with a change in the nature of the use.

(4) Conflict with other uses. No parking area shall be used for any other use that interferes with its availability for the parking need it is required to serve.

(5) Location of parking spaces.

(a) Required off-street parking spaces shall be on the same lot or premises with the principal use served except where this requirement cannot be met, in which case the parking shall be provided within 200 feet walking distance of the principal use.

(b) No off-street parking shall be provided between a building setback line and a street right-of-way line with the following exceptions: parking may be permitted on a private driveway serving an individual dwelling unit; and parking shall be no closer than 60 feet to a street right-of-way line in the C-4 District.

(6) Joint use.

(a) Two or more uses may provide for required parking in a common parking lot. The total number of spaces in such lot shall be at least the sum of the spaces required for each use. The lot shall also be located within 300 feet walking distance of all of the principal uses that the common parking lot serves.

(b) A written agreement which assures the continued availability of such common parking areas shall be properly drawn and executed by the parties concerned, approved by the Township Solicitor as to legal sufficiency and filed with the application for the zoning permit.

(7) Handicapped parking.

(a) The handicapped parking spaces may be counted as part of the total number of spaces that Subsection A requires. Each space shall be clearly delineated on the parking surface. A sign should be posted at each space clearly labeling it as a space reserved for the physically handicapped.

(b) A ramp shall either be provided near the parking spaces to facilitate access to the building or use or a portion of the curb shall be lowered to ground level. Any ramp shall be constructed of concrete, bituminous or other approved material. It shall have a slope of no greater than 12 to 1 (8%) where a straight curb must be negotiated to gain access to the sidewalk or building approach or entry, and no greater than 20 to 1 (5%) where there is no curb, unless other federal or state standards apply.

(c) Number of spaces. Any lot including four or more off-street parking spaces shall include a minimum of one handicapped space. The following number of handicapped spaces shall be provided, unless a revised regulation is officially established under the Federal Americans With Disabilities Act:

(d) Location. Handicapped parking spaces shall be located where they would result in the shortest reasonable accessible distance to a handicapped-accessible building entrance. Curb cuts shall be provided as needed to provide access from the handicapped spaces.

(e) Minimum size. Each required handicapped parking space shall be eight feet by 18 feet. In addition, each space shall be adjacent to a five-foot-wide access aisle. Such access aisle may be shared by two handicapped spaces by being placed between them. However, one out of every eight required handicapped parking spaces shall have an adjacent access aisle width of eight feet instead of five feet.

(f) Slope. Handicapped parking spaces shall be located in areas of less than 6% slope in any direction.

C. Design standards for off-street parking facilities.

(1) Applicability. The design standards specified in this section shall be mandatory for all new off-street parking facilities with a capacity of three or more vehicles.

(2) General requirement. Parking facilities shall be designed so that their use shall not constitute a nuisance, hazard or unreasonable impediment to traffic. Parking areas shall be arranged and marked for orderly, safe movement. Each parking space shall be clearly delineated to indicate its location. No parking areas shall be designed to or encourage parked vehicles to back into a public street in order to leave a parking space.

(3) Design and landscaping. No more than 10 parking spaces may be located in a row unbroken by a driveway or landscaping. No less than 5% of the off-street parking area shall be landscaped and be continually maintained. Planting along the perimeter of a parking area, whether for required screening or for general beautification, will not be considered part of the 5% parking area landscaping.

(4) Grading, surface drainage. Except for areas that are landscaped and so maintained, all portions of required parking facilities, including driveways, shall be graded, surfaced with bituminous concrete or other equivalent material and drained to the satisfaction of the Township Engineer to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining properties.

(5) Accessibility. Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring any other motor vehicle to be moved.

(6) Entrance and exit drives.

(a) At least 40 feet shall be provided between access drives.

(b) The width of entrance and exit drives shall be a minimum of nine feet and maximum of 17 feet at the curbline for one-way use only, and a minimum of 18 feet and maximum of 28 feet at the curbline for two-way use, unless a different width is specifically approved by the PADOT for access onto a state road, or if the applicant proves to the satisfaction of the Zoning Officer that a wider access point is needed for access by large trucks. The township shall review and approve the appropriate radius at each drive.

(c) If the entrance and exit drives serve as drives for both off-street parking and off-street loading, the widths of the drives shall comply with Subsection D(3).

(d) All lots shall provide sufficient stacking lanes and/or other areas on the lot to accommodate vehicles waiting to exit the lot, vehicles waiting at any drive through facilities and vehicles that have entered the lot and are waiting to drive into a parking space, in a manner that will not cause traffic to back up onto a public street.

(7) Separated from street or sidewalk. Except where entrance and exit drives cross street lines, all parking areas for any purpose other than single-family residences shall be physically separated from any public street or sidewalk by a concrete curb and by a planting strip which shall be not less than 10 feet in depth. This ten-foot-wide planting strip shall be parallel to the street line and shall be measured from the street right-of-way line.

(8) Screening. Any parking or off-street loading area of five or more spaces which is not within a building and which abuts or is across a street from any lot in a residential district, shall be provided with a suitable fence, wall, raised berm or evergreen planting at least four feet in height, designed to screen visibility and headlight glare from such residential lot.

(9) Nighttime illumination. Parking areas shall be adequately illuminated if designed for use by more than three cars after dusk. See glare provisions in §240-24.

(10) Parking space area dimensions. The minimum dimensions of parking stalls, aisles and through drives with parking shall be as follows:



* Where parking spaces abut low landscaped areas, it shall be permissible to reduce this dimension by two feet to allow for vehicle overhang.

(11) Business districts. In the I-1, I-2 and BP Zoning Districts, parking spaces may be reduced in width from 10 feet to nine feet.

(12) [Added 3-7-2000 by Ord. No. 129-C-00] In the I-2 Zoning District, parking spaces may be reduced in length from 20 feet to 18 feet for the following uses:

(a) Research or testing laboratory or facility;

(b) Manufacturing or production facility; and

(c) Offices.

D. Off-street loading.

(1) General requirement.

(a) Off-street loading sufficient to accommodate the maximum demand generated by the use of the lot and with proper access from the street or alley as determined by the Zoning Officer or another applicable review agent for the township shall be provided on any lot on which a building for business or industry is erected.

(b) No loading facility shall be constructed between the building setback line and a street right-of-way line or between a yard line and a property line.

(2) Minimum size. Each off-street loading and unloading space shall be sufficient in dimensions to accommodate the largest vehicle that may load or unload at the site. For tractor-trailer trucks, loading spaces shall be a minimum of 14 feet wide, 65 feet to 75 feet long and 14 feet high. In addition, there shall be sufficient maneuvering room separate from other parking to eliminate traffic conflicts within off-street loading and parking areas.

(3) Entrance and exit drives. The maximum width of driveways and sidewalk openings measured at the street lot line shall be 35 feet. The minimum width shall be 20 feet, unless differing widths are specifically approved by PADOT for access to a state street or unless the applicant proves to the satisfaction of the Zoning Officer that a wider width is needed to accommodate turns by tractor-trailer trucks. The township shall review and approve the appropriate radius at each drive.

(4) Use of parking space for loading. Required off-street parking space may be used for loading and unloading purposes, but only during hours when business operations are suspended.

(5) Other design standards. The design standards specified in Subsection C(2), (4), (5), (7), (8) and (10) for off-street parking areas shall also apply to off-street loading areas.

§240-34. Agricultural use ; sale of farm products ; agricultural business regulations ; sale of holiday items.

[Amended 5-7-2002 by Ord. No. 129-J-02; 6-14-2004 by Ord. No. 129-O-04]

The regulations specified in this section shall govern agricultural uses, the sale of farm produce and agricultural/business activities in all zoning districts where permitted.

A. Agricultural use regulations.

(1)Crop farming and animal husbandry. Routine crop farming and/or animal husbandry shall be permitted without restriction except as follows:

(a)The minimum size of a farm shall be 10 gross acres, exclusive of road rights-of-way.

(b)Farm buildings or structures shall not be constructed closer than 85 feet to a front lot line nor closer than 100 feet to a side or rear lot line.

(c)A farm as defined herein, with at least 10 contiguous gross acres may have a maximum of two dwelling units, both of which shall remain in a single ownership and meet the applicable building setbacks for the district in which they are located, as specified in this subsection. The principal dwelling unit shall be a single-family detached dwelling. The tenant or secondary dwelling shall be either: (1) a single-family detached dwelling having a total building footprint that does not exceed 1,200 square feet in area, including an attached garage, or (2) constructed as an apartment adjacent to or over a garage or similar outbuilding, in which case the gross floor area of the apartment shall not exceed 1,200 square feet in area. Such buildings shall comply with the yard, setback, lot coverage and height requirements of the zoning district in which they are located, except in the case of dwellings located in nonresidential districts where such buildings shall comply with the yard, setback, lot coverage and height requirements required in the R-2 District.

(d)One additional secondary dwelling unit may be provided for each additional 10 contiguous acres of gross lot area above 10 acres, providing each such secondary dwelling unit shall comply with the restrictions in Subsection A(1)(c).

(e)The construction or operation of a separate building for the cultivation of mushrooms shall be prohibited.

(f)The raising of pigs shall not be permitted when it constitutes more than 13 of all farm income and the lot is less than 20 acres in size.

(g)No farm building, or feedlot shall be located closer than 100 feet to any lot line. No area used for feeding or processing of garbage or for bulk manure storage shall be located within 250 feet of any lot line.



(h)Animal wastes, such as manure and other by-products of animal husbandry, shall be stored, maintained and disposed of in such a manner as to preclude discharge to the waterways of the commonwealth, as the term "waterways" is defined by state statute, and contiguous or adjoining properties by the action of stormwater and other natural elements. Lots shall be graded so that animal wastes are confined to the lots on which they originate or are stored. The design and construction of animal waste storage facilities shall be in accordance with applicable federal and state regulations, whichever is more stringent, and shall be approved by the Chester County Conservation District.

(i)The use of untreated human sewage as fertilizer is prohibited.

(2)Nursery and greenhouse. Nurseries and greenhouses shall be permitted by right in all districts, provided that the following regulations are met:

(a)On-site retail sale of plants, shrubs, flowers and trees shall be limited to within a commercial or industrial district.

(b)A plant nursery shall require a minimum lot area of two acres.

(c)A greenhouse shall require a minimum lot area of two acres.

B. Seasonal sale of farm produce. The sale of seasonal farm produce shall be permitted by right in the C-1 Zoning District subject to the following restrictions:

(1)The sale of produce shall be limited to 180 or fewer consecutive days in a calendar year and shall be limited to the sale of eggs, vegetables, fruits, other crops for human consumption and flowers. Retail sale of trees, shrubs and other similar materials shall be prohibited unless the requirements in § 240-34A(2) for a plant nursery are also met. The sale of Christmas trees and seasonal flowers shall also be allowed pursuant to the applicable requirements for holiday sales in § 240-34D.

(2)The stand from which the produce is sold shall be portable; shall be maintained in good condition; and shall be removed during seasons when produce is not offered for sale.

(3)The stand shall be no closer than 50 feet from an intersection and shall be at least 20 feet from the edge of the existing cartway.

(4)Adequate vehicular parking shall be provided in an area off the existing and future street right-of-way.

(5)The applicant shall submit a plan which depicts the location of the stand, traffic circulation and proposed nuisance controls, if any. Such plan shall be reviewed and approved by the Board of Supervisors prior to the issuance of a zoning permit.

C. Agricultural/business. Agricultural/business shall be permitted with the following restrictions:

(1)The processing, treating, packaging or storing of agricultural products and/or dairy products shall be done indoors.

(2)No building where the agricultural products and/or dairy products are processed, treated, packaged or stored shall be closer than 85 feet to a front lot line nor closer than 100 feet to a side or rear lot line.

D. Holiday sales. Outdoor sales of Christmas trees and seasonal flowers shall be permitted by right in the C-1 Zoning District subject to the following restrictions:

(1)The sale of Christmas trees and seasonal flowers associated with an official holiday shall be limited to 60 or fewer consecutive days in a calendar year.

(2)The stand from which the trees and flowers are sold shall be portable; shall be maintained in good condition; and shall be removed during seasons when the trees and flowers are not offered for sale.

(3)The stand shall be no closer than 50 feet from an intersection and shall be at least 20 feet from the edge of the existing cartway.

(4)Adequate vehicular parking shall be provided in an area off of the existing and future street right-of-way.

(5)The applicant shall submit a plan which depicts the location of the stand, traffic circulation and proposed nuisance controls, if any. Such plan shall be reviewed and approved by the Board of Supervisors prior to the issuance of a zoning permit.

**Webmasters Note: The previous section has been amended as per Ordinance No. 129-O-04.

§240-35. Airport regulations.

A. Intent.

(1) To comply with provisions of the Pennsylvania. Airport Zoning Act, Act of April 17, 1945, P.L. 237, as amended.24

(2) To avoid obstructions that have the potential for endangering the lives and property of users of the existing airport and property or occupants of land in its vicinity.

(3) To avoid obstructions that may affect existing and future instrument approach minimums of the airport or that may reduce the size of areas available for landing, takeoff and maneuvering of aircraft, thereby creating a danger to the health, safety and general welfare of the users thereof and the property or occupants of land in the vicinity thereof.

(4) To avoid the creation or establishment of an obstruction that has the potential of being a public clan danger or nuisance.

(5) To prevent the creation or establishment of obstructions in the interest of the public health, safety and general welfare and to prevent hazard to air navigation.

(6) To prevent these obstructions, to the extent legally permissible, by the exercise of the police power without compensation.

B. Definitions applicable to airport regulations. For the purpose of this section, the terms used herein are defined as follows:



AIRPORT - See "commercial airport."



AIRPORT ELEVATION - The highest point of an airport's usable landing area measured in feet from sea level which is 465 feet.

APPROACH SURFACE - A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the height limitation scope set forth in Subsection D. In the plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES - These zones are as set forth in Subsection C.

COMMERCIAL AIRPORT - A landing area which may be used for commercial flight operations, including charter, leasing of aircraft, aircraft sales, aircraft rental, flight instruction, air freight, aircraft maintenance and repair or any other flight activities for compensation, but excluding scheduled airlines (FAA Part 121 operations).

CONICAL SURFACE - A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to I for a horizontal distance of 4,000 feet.

HAZARD TO AIR NAVIGATION - An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

HEIGHT - For the purpose of determining the height limits in all zones set forth in this section and shown on the Airport Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.

HORIZONTAL SURFACE - A horizontal plane 150 feet above the established airport elevation, the perimeter of which, in plan, coincides with the perimeter of the horizontal zone.

NONPRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

OBSTRUCTION - Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in Subsection D.

PRIMARY SURFACE - A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. When the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is 500 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

RUNWAY - A defined area in an airport prepared for landing and takeoff of aircraft along its length.

STRUCTURE - As defined in §240-6, but also to include any object, including a mobile C, or immobile object constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.

TRANSITIONAL SURFACES - These surfaces extend outward at ninety-degree angles to the runway center line, and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

TREE - Any object of natural growth.



C. Airport zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the airport. Such zones are depicted on the Airport Zoning Map, which is readopted as part of this chapter. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(1) Nonprecision instrument runway approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

(2) Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

(3) Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(4) Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

D. Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this section, to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

(1) Nonprecision instrument runway approach zone. Slopes 20 feet outward for each foot upward be-inning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

(2) Transitional zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation, except that a building may be constructed within the transitional zone to a maximum height of up to 50 feet (subject to the height limitations imposed by other provisions of this chapter with respect to the permitted height of buildings in any zoning district, which provisions shall apply) as provided in Subsection D(5). In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the side of, and at the same elevation as, the approach surface and extending to where they intersect the conical surface, which is 465 feet above mean sea level.

(3) Horizontal zone. Established at 150 feet above the airport elevation or at a height of 615 feet above the mean sea level.

(4) Conical zone. Slopes 20 feet outward for each foot upward, beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(5) Excepted height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land, except within the primary surface area where no permanent structure or tree shall be permitted above the elevation of the primary surface, subject to the other applicable height regulations of this chapter for the applicable zoning district.

E. Airport approach use restrictions. Notwithstanding any of the other provisions of this chapter, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

F. Airport approach nonconforming uses.

(1) Regulations not retroactive. The regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations of this section, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently prosecuted.

(2) Parking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such marker and lights as shall be deemed necessary by the Zoning Officer to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the owner of the affected airport.

G. Airport approach permits.

(1) Future uses. Except as specifically provided in Subsections G(l)(a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected, altered, extended or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be -ranted subject to the other requirements and conditions of this chapter. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with Subsection G(4).

(a) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the -round, except, when because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(b) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

(c) In the areas lying within the limits of the transitional zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transitional zones.

(1) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure, or growth of any tree in excess of any of the height limits established by this section except as set forth in Subsection 1)(5).



(2) Existing uses. No permit shall be -ranted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto, or than it is when the application for a permit is made.

(3) Nonconforming uses. The extension, restoration, cessation or abandonment of nonconforming trees or structures shall be governed by the nonconforming use regulations set forth in Article VII of this chapter. Provided, however, that no permit shall be granted that would permit such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations provided for in this section.

(4) Variances. Any person who desires to erect or increase the height of any structure, permit the growth of any tree or use property in a manner which is not in strict accordance with the regulations prescribed in this section must apply to the Zoning Hearing- Board for a variance from such regulations.

(a) The application for a variance shall be accompanied by a determination made by the Federal Aviation Administration of the affect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space within the area affected by this section.

(b) Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that the relief granted will not jeopardize the public health, safety and general welfare or create a hazard to air navigation.

(5) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section, be so conditioned as to require the owner of the structure, tree or other obstruction in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Zoning Hearing Board, this condition may be modified to require the owner to permit the township, at its expense, to install, operate and maintain the necessary markings and lights.

H. Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.