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Air Pollution
(a) All activities shall be conducted in such a manner as to comply with the current applicable standards for air quality of the State DEP or Federal Environmental Protection Agency.

(b) No use shall cause, allow, permit, kindle, ignite, or maintain any bonfire, junk fire, salvage operations fire, or any other open fire on or in any public street, road, or public ground, or upon any private property within the limits of the site.
Airport Area Protection Standards
A. Purposes.
(1) This section is adopted pursuant to the authority conferred by the State Airport Zoning Act, as amended and the State Municipalities Planning Code, as amended.
(2) It is hereby found that an obstruction has the potential for endangering the lives and property of users of Braden Airpark located in Forks Township, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Braden Airpark; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Braden Airpark and the public investment therein. Accordingly, it is declared:
(a) That the creation of establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Braden Airpark or its successor.
(b) That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of any obstructions that are a hazard to air navigation be prevented; and
(c) That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
(3) It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.
 
B. Definitions. See § 200-41B for terms associated with airports.
 
C. Airport zones. In order to carry out the provisions of this chapter, 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 Braden Airpark. Such zones are shown on the Airport Zoning Map - Braden Airpark, in an area shown as Braden Airpark, consisting of one sheet dated January 3, 1983, which was prepared under the direction of the Pennsylvania Department of Transportation and is hereby incorporated 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) Utility runway visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance 5,000 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 zones do 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 there from a horizontal distance of 4,000 feet.
 
D. Airport zone height limitations. Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter 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) Utility runway visual approach zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surfaces and extending to a horizontal distance of 5,000 feet along the extending 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 which is 399 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface.
(3) Horizontal zone. Established at 150 feet above the airport elevation or at a height of 549 feet above 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 chapter 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.
 
E. Use restrictions. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter 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 in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

F. Nonconforming uses.
(1) Regulations not retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or otherwise change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, 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) Marking 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 markers and lights as shall be deemed necessary 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 Braden Airpark.

G. Permits. See § 200-41G for detailed infoirmation.

H. Enforcement. It shall be the duty of the Zoning Officer to administer and enforce the regulations prescribed herein.

I. 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, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
Buffers and Plant Screening
(1) A buffer yard shall be provided and maintained with a minimum width of 50 feet between the side and rear of any new or expanded principal commercial or industrial use or area used for overnight parking of two or more tractor-trailer trucks and any abutting lot line within a residential district or FP District or any existing principal dwelling. This buffer yard shall be increased to a minimum of 100 feet for a principal manufacturing or warehouse use, or for a commercial use that will be open to the public between 1:00 a.m. and 6:00 a.m. See also berm requirements in the EC District regulations.
(a) The buffer yard shall include mostly evergreen plant screening. The initial height of the plants shall be four feet. The plantings shall be of a species and use a spacing that will result in a complete visual screen with a minimum height of six feet within three years. The plantings shall be staggered to allow room for future growth. American arborvitae and similar weak-stemmed plants shall not be used for the screening. The buffer yard shall be maintained in a vegetative ground cover and shall not be used for signs, parking, storage or driveways, except for approximately perpendicular driveway crossings that may be approved by the Township.
(b) Plant screening meeting the requirements of this subsection shall also be provided when an area used for the off-street parking, display, storage or sale of six or more motor vehicles is placed abutting the lot line of a principal dwelling.
(c) Plant screening meeting the requirements of this subsection shall also be provided when an area used for the overnight parking of two or more tractor-trailer trucks or two or more trailers of tractor-trailer combinations will be parked adjacent to a street or dwelling.
(d) Plantings shall be shifted in location where needed to avoid interference with clear sight lines at intersections.
 
(2) Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents, and any other structures or equipment other than radio or television antenna which are above the roofline shall be architecturally compatible or effectively shielded from view from any private or dedicated street by an architecturally sound method which shall be approved by the Board before construction or erection of said structures or equipment.

(3) Where such screening is required, the Township may require the screening be assured by a maintenance guarantee posted with the Township in an amount equal to the estimated cost of trees and shrubs and planting. In addition, the current landowner shall replace within 12 months any required tree or shrub that dies at any time.
Clear Sight Triangle
Street intersections. See § 175-42K(11) of Chapter 175: Subdivision and Land Development, or its successor section. Once a clear sight triangle is established on a plan submitted to the Township, it shall be legally binding upon all present and future property-owners and shall be maintained to be kept clear of obstructions. If the clear sight triangle becomes obstructed, and the current owner does not comply with a Township notice to remove the obstruction, then the Township may remove the obstruction and require that the owner pay the costs of the Township to perform the work. However, the Township does not accept any obligation to maintain a clear sight triangle.

 
Environmental, Hazard, and Nuisance Restrictions
A. Requirements for all uses.
(1) Except for agricultural uses, which are exempt to the extent provided in the Pennsylvania Right To Farm Law, no use shall be permitted which is noxious or offensive in the immediate surrounding area by reason of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard whether by fire, explosion, or otherwise. In determining whether a proposed use is noxious, hazardous, or offensive, the following standards shall apply. The proposed operation shall not:
(a) Constitute any nuisance whatsoever beyond the boundary of a site on which the use is located by a reason of dissemination of noxious, toxic, or corrosive fumes, smoke, odor, or dust. All fixed equipment shall be operated by electric power, gas, or other smokeless fuel;
(b) Result in noise or vibration exceeding the average intensity vibration occurring from other causes at the boundary line;
(c) Endanger surrounding areas by reason of fire or explosion;
(d) Produce objectionable heat, glare, or radiation beyond the property line;
(e) Result in any electrical or signal disturbance in nearby residences, or adversely affect the operation of equipment other than on the property on which the disturbance is located, when such equipment can be shown to be of good design and in proper functional condition;
(f) Discharge any untreated sewage or industrial waste into any stream, or otherwise contribute to the pollution of surface or groundwater in accordance with the state or federal statutes; and
(g) Create any other objectionable condition in an adjoining area which will endanger public health or safety or be detrimental to the proper use of the surrounding area.
(2) When required by the Township, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be "noxious, hazardous, or offensive" as defined above. If required, the applicant shall submit supplemental information, plans, and impartial expert judgments, and the Township may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.

(3) Any proposed nonmunicipal central sewage system shall comply with the most current Forks Township Sewage Facilities Plan and with PA DEP requirements, and shall be subject to the review and approval by the Township Sewage Engineer. The management of such a system is subject to review and approval by the Board of Supervisors based upon a review by the Township Sewage Enforcement Office, Township Solicitor and the Township Sewer Engineer.

(4) All common wastewater disposal systems serving more than two residential lots and/or a single commercial/industrial/office use shall be required as part of the overall permitting process for the system to post an annual escrow with the Township in an amount determined by the Township Engineer sufficient to provide for maintenance and/or replacement of the system. The escrow shall be in a form of a performance bond, cash or equivalent, or letter of credit.
 
B. Requirements for commercial and industrial uses.
(1) General. All activities shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, glare, or heat for the district in which such use shall be located; and no use, already established on the effective date of this chapter, shall be so altered or modified as to conflict with or further conflict with such applicable performance standards for the district in which such use is located.
Fire and Explosion Hazards
The requirements of the Township Fire Protection Code shall apply. As a condition of a special exception or conditional use, the Board of Supervisors or Zoning Hearing Board may require additional building setbacks for a use involving hazardous materials, operations, storage or processes.
Floodplains
(1) One-hundred-year floodplain. No structures, filling, piping, diverting, or stormwater detention basins shall be permitted in the one-hundred-year floodplain, unless the use, activity or development complies with applicable codes and ordinances.
(a) In addition, no principal building shall be constructed or placed within a one-hundred-year floodplain that is adjacent to a perennial creek or river. However, this subsection shall not apply to a building that is not routinely occupied by persons (such as a livestock structure).
 
See also § 200-35C(1), which regulates certain natural features within each lot.
Heat and Glare
(a) Heat. No use shall carry on an operation that would produce an increase in ambient air temperature of more than 2° F. at the property line of the lot on which the use is situated.

(b) Glare. No use shall carry on an operation that would produce "glare" as defined below from unshielded bulbs or any production operation, such as welding, beyond the property line of the lot on which the use is situated. "Glare" shall be defined as direct or indirect light from such activities of greater than 0.5 footcandle at the ground level or at the second story of a dwelling, whichever is more restrictive.
Height Limitations
Height. The height limitations specified in this chapter shall not apply to place of worship spires/steeples/religious symbols/belfries, cupolas, agricultural and industrial mechanical equipment not intended for human occupancy; monuments, observation towers, communications towers/antennas that meet other requirements of this chapter, electricity transmission towers, windmills, chimneys, smokestacks, flagpoles, except as herein specified. However, such features that exceed 75 feet in total height from the ground shall be set back a minimum of 75 feet from the lot line of an existing dwelling.
Lake and Pond Shorelines
No more than 30% of the shorelines of lakes and ponds, to a width of 50 feet from the shoreline as measured from the permanent pool elevation, shall be developed and/or regraded or cleared of vegetation. The balance shall remain as open land that is free of buildings and parking.
Lakes, Ponds, Wetlands, and Watercourses
These features shall remain as open land that is free of buildings and parking. No development, filling, piping, or diverting shall be allowed of lakes, ponds, wetlands or watercourses unless specifically permitted by the state or federal agency having jurisdiction over said activity.
Landscaping Requirements
(1) Any part or portion of a site which is not used for buildings, other structures, loading and parking spaces and aisles, sidewalks, and designated storage areas shall be landscaped according to an overall landscaping plan. For a lot including more than 10,000 square feet of nonresidential building space, the landscaping plans shall be prepared by a registered landscape architect.
(2) See § 200-38B for information on buffers and plant screening.
(3) All mechanical and electrical equipment not enclosed in a structure shall be fully and completely screened from view from any point and in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan review by the Township and accessibility reviewed by the utility.
(4) Landscaping of outdoor advertising signs shall be in accordance with Article VIII: Signs.
(5) No more than 20 consecutive off-street parking spaces shall be placed in a row without being separated by a planting strip not less than 10 feet in width from any other parking spaces. This requirement shall not apply to trucking areas serving industrial uses.
(6) For a lot including six or more off-street parking spaces, no less than 10% of a proposed parking area must consist of buffer areas and islands and must be landscaped and continually maintained. Planting along the perimeter of a parking area, whether for required screening or general beautification, will be considered as part of the required parking area landscaping.
(7) A minimum average of one deciduous shade tree shall be required to be planted for every 10 off-street parking spaces on a lot. Such trees shall meet the same requirements, including but not limited to species and size, as are provided in Chapter 175, Subdivision and Land Development, for street trees.
(8) Plantings shall be shifted in location where needed to avoid interference with clear sight lines at intersections. Low-level shrubbery shall be avoided where traffic lanes intersect.
Lighting Requirements
A. For safety and security, the parking, loading, vehicle ingress, and vehicle egress areas of any principal business or apartment use shall be provided and maintained with a minimum of 0.5 footcandle measured on the ground. Lights shall be provided on fixtures with a mounting height of not more than 25 feet or the height of the building, whichever is less, measured from ground level to the center line of the light source.

B. All outside lighting shall be directed, arranged and shielded in such a way as to avoid a nuisance to reasonable persons on any other lot or glare for motorists upon a street.
(1) Streetlighting exempted. This section shall not apply to streetlighting that is owned, financed or maintained by the Township or the state.
(2) Diffused. All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots.
(3) Flickering. Flashing, flickering or strobe lighting are prohibited, except for nonadvertising seasonal lights between October 20 and January 10.
(4) Spillover. Exterior lighting on a lot shall not cause a spillover of light onto a residential lot that exceeds 0.5 footcandle measured 10 feet inside a lot line of an existing principal residential use.
(5) Canopies. Light fixtures under commercial canopies (such as over gasoline pumps) shall be placed so that the cover is recessed or flush with the bottom surface of the canopy and/or shielded by the edge of the canopy so that light source is not directly visible from beyond the property.
 
C. When a business is not in operation, sign lighting shall be turned off between the hours of 12:00 midnight and 6:00 a.m. if the lighting would shine towards dwellings. When a business is not in operation, exterior lighting shall be reduced to the amount necessary for security and safety purposes between the hours of 12:00 midnight and 6:00 a.m.
Lot Requirements
A. Lot area and yard required. The lot and yard regulations for any new buildings or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot or area shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made.

B. Minimum lot size. Where a minimum lot size is specified, no primary building or use shall be erected or established on any lot of lesser size than as specified within this chapter, except as specified in Subsection C below.

C. Additional lot requirements and exceptions.
(1) Resource protection land. A residential lot of 15,000 square feet or less shall not include any slopes greater than 20%, wetlands or one-hundred-year floodplain within the area used to meet the required minimum lot size. A residential lot of over 15,000 square feet shall include a minimum of 15,000 square feet of land that does not use any of the following areas to meet the minimum lot size: slopes greater than 20%, wetlands or areas within the one-hundred-year floodplain. See also provisions of Chapter 175: Subdivision and Land Development, regarding average slopes of building areas. See § 200-32B for regulations on buildings in floodplains.
(2) Nonconforming lot. The provisions of this chapter shall not prevent the construction of a structure for a permitted use on an existing lot that was lawful when created and which, prior to the effective date of this chapter, was in single and separate ownership duly recorded by plan or deed; and provided that:
(a) Such a lot is not less than 80% of the minimum lot area in that district.
(b) If a lot is not served by central water and central sewage service, it shall have a minimum lot area of one acre and meet state sewage regulations.
(c) If it is not possible for the lot to meet minimum front and rear yard requirements, then the minimum front yard and/or rear yard may be reduced to 25 feet.
(d) If it is not possible for the lot to meet minimum side yard requirements for a single-family detached dwelling, then each minimum side yard may be reduced to five feet for a single-family detached dwelling.
(e) In the case of an irregularly shaped lot, the required lot width along the building setback line shall be no less than the frontage required at the street line in the applicable zoning district, but the frontage at the street line may be reduced to not less than 75% of the required street frontage.
(3) This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of the provisions of this chapter that made the lot nonconforming, where a merger or resubdivision could create one or more lots that would be less nonconforming with this chapter.
 
D. Minimum lot width. If a lawful nonconforming lot has a nonconforming lot width, that restriction by itself shall not prevent the lot from being used for the construction of an allowed principal building or accessory structures.
Noise
(a) No principal or accessory use, or operations or activities on its lot, shall generate a sound level exceeding the limits established in the table below, when measured at the specific locations: See § 200-33B(2)(a) for sound level limits by receiving land use/district.
(b) Exceptions. The maximum permissible sound level limits set forth in the above table shall not apply to any of the following noise sources:
[1] Sound needed to alert people about an emergency.
[2] Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7:00 a.m. and 9:00 p.m., except for clearly emergency repairs which are not restricted by time.
[3] Lawn mowers, snowblowers, leaf blowers, and household power tools between the hours of 7:00 a.m. and 9:00 p.m.
[4] Agricultural activities, including permitted raising of livestock, but not exempting a kennel.
[5] Public celebrations specifically authorized by the Township Supervisors or a county, state or federal government agency or body.
[6] Unamplified human voices.
[7] Routine ringing of bells and chimes by a place of worship.
[8] Vehicles operating on a public street, railroads and aircraft.
[9] Occasionally used safety signals, warning devices, emergency pressure relief valves.
[10] Animals, except from a kennel.
(c) Grandfathering provision. An industrial use in an EC District that existed prior to the adoption of this chapter shall be permitted to have a maximum sound level of 70 dBA measured at the lot line of a use receiving the noise, regardless of the type of adjacent use and regardless of the time of day.
Nonconformities
Registration of nonconforming uses and structures.
The Zoning Officer may identify and register all nonconforming uses and structures. If specific evidence is presented by a property-owner to the Zoning Officer that an existing nonconformity is lawful, and an application is made, then the Zoning Officer shall present that property owner with a written statement certifying the lawfulness of the nonconformity.

Continuation of nonconformities.
The lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of the enactment of this chapter, or at the time of an amendment that creates a nonconformity, may be continued except as in hereinafter provided, even though such use does not conform to the provisions of this chapter or subsequent amendments.

Extension of nonconforming uses and structures; nonconforming lots.
A. A structure that does not conform to the dimensional, area, parking, buffer or other requirements of this chapter may be extended or expanded only if the extension/expansion meets all the requirements of this chapter and the extent of the nonconformity is not increased. In the case of a nonconforming structure that includes a nonconforming use, such alteration, extension, or enlargement shall also meet the requirements of Subsection B of this section.

B. A use that does not conform to the use regulations of the district in which it is located may be extended or expanded by special exception granted by the Zoning Hearing Board, provided that:
(1) The proposed extension shall take place only upon the same lot on which the use existed at the time the use became nonconforming and shall be prohibited from encroaching on another lot subsequently added to the original parcel. Permission to extend a nonconforming use as described in this article shall not be construed to mean that new uses may be established.
(2) The proposed extension shall conform with the setback, yard, area, dimensional, building height, parking, sign, buffer, and all other area and dimensional requirements of the district in which said extension is located, as contained in this chapter.
(3) Any increase in building floor area and land area occupied by the use, whichever is more restrictive, shall not exceed a total aggregate of more than 50% of such measurement that existed as of the date the use became nonconforming, during the life of the nonconformity. Any such expansion by more than 5% shall also require special exception approval by the Zoning Hearing Board. Structures or land uses that reached their maximum expansion allowance under previous ordinances are not eligible for any expansion under this chapter.
(4) No nonconforming use shall be extended to displace a conforming use. Once a nonconforming use is changed to a conforming use, it shall not revert back to a nonconforming use.
 
C. Development of a nonconforming lot shall comply with § 200-35C.

Destruction and restoration of nonconformity.
A nonconforming building or structure, or any building or structure containing a nonconforming use, wholly or partially destroyed by fire, explosion, flood or other natural phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption. No further expansion of the original nonconforming use will be permitted. If a nonconforming building or structure is removed or demolished by the owner, it shall be replaced only with a conforming structure.

Discontinuance of nonconforming use.
If a nonconforming use of a structure or lot is abandoned for a continuous period of one year, subsequent use of such structure or lot shall be in conformity with the provisions of this chapter. Abandonment shall commence when the nonconforming use ceases, provided there is not clear evidence of an intent to sell or lease the structure or lot for such use.

Nonconforming residential use; subdivision of lot.
A. In districts where such a dwelling is not permitted, an existing nonconforming dwelling may be maintained and may be reconstructed if damaged or destroyed, except as may be provided otherwise in the Floodplain Regulations.[1]
B. If a lot with a nonconforming single-family detached dwelling is being subdivided, resulting in a new lot, then a minimum lot area of one acre shall be retained with the single-family detached dwelling, and the following minimum yards shall apply, unless a less restrictive yard already exists:
(1) Front: 50 feet;
(2) Sides: 30 feet each; and
(3) Rear: 50 feet.
 
Change in use; different nonconforming use.
A. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
B. Any residential or nonresidential nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board after the following conditions are met:
(1) The applicant shall show that the nonconforming use cannot reasonably be changed to a conforming use.
(2) The applicant shall show that the proposed change will be equally or less objectionable in external effects than the existing nonconforming use with regard to:
(a) Traffic generation and congestion (especially truck traffic);
(b) Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration;
(c) Outdoor storage and waste disposal; and
(d) Compatibility with the character of the surrounding area.
(3) The application shall be accompanied by site and building plans and other materials that completely describe the proposed use and improvements. Such plans and other materials must provide a sufficient basis for evaluating the applicant's request.
Odors
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail.
NOTE: Certain exceptions apply to normal farming activities under the State Right To Farm Act.
(a) All activities shall be conducted in such a manner as to comply with all current applicable standards for odors of the State DEP or Federal Environmental Protection Agency.
Off-Street Loading Requirements
In connection with any building which requires the receipt or distribution of materials or merchandise by trucks, there shall be provided off-street loading berths not less than the minimum requirements specified in this section:
A. Areas provided for the loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuels, and other service vehicles shall be arranged so that they may be used without:
(1) Blocking or interfering with the use of the accessways, automobile parking facilities, or pedestrianways; or
(2) Backing out into a street.
 
B. All required loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into any traffic lane. No loading berth for vehicles of more than two-ton capacity shall be located less than 100 feet from any residence district. No permitted or required loading berth shall intrude into a buffer yard. No truck-loading facilities shall be constructed between the minimum building setback line and a front street right-of-way line.

C. All off-street loading areas and areas used for the overnight parking of tractor-trailer trucks or trailers detached from tractor-trailers shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan and § 200-38: Buffer yards and landscaping.

D. A required off-street loading berth shall be at least 12 feet in width with a length sufficient to accommodate the largest vehicle that will use the facility, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet.

E. Each required off-street loading berth shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements and shall be subject to approval of the governing body. The interior drives shall have all-weather surfaces to provide safe and convenient access during all seasons.

F. All open, off-street loading berths shall be paved in accordance with the regulations of Chapter 175: Subdivision and Land Development.

G. No storage of any kind or motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading berth.

H. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.
Open Space Standards
General provisions.
(1) It is mandatory that the recorded plan and the deeds and/or a conservation easement shall indicate that there shall be no additional development and subdivision of common open space, except for improvements as may be specifically approved by the Township for a preserved agricultural lot, a golf course open to the public, noncommercial recreation or similar approved use. The common open space shall be restricted against any future building, development, or activity that is contrary to the Township-approved use of the land. The approved plans may provide for buildings and improvements for noncommercial recreation, golf course, equestrian or agricultural purposes compatible with the approved use of the common open space.

(2) All documents pertaining to the conveyance, use and maintenance of the common open space shall be subject to the approval of the Board of Supervisors, prior to recording of the final plan, and after review by the Township Solicitor.

(3) Layout.
(a) A minimum of 75% of the required common open space shall be in one lot or two contiguous lots that are only separated by one street or a creek.
(b) To the maximum extent feasible, in the determination of the Township, the required common open space shall be placed in one of the following locations, unless another alternative is specifically approved by the Township.
[1] On a lot that has a configuration and physical characteristics that are suitable for an allowed agricultural, plant nursery, tree farm or equestrian use.
[2] On a lot that is suitable for public recreation and which the Board of Supervisors is willing to accept as a public recreation land, or on a lot that is adjacent to existing or proposed public recreation land or public recreation trail.
[3] On a lot that is on the perimeter of the tract in a location that could be interconnected with existing, planned or potential common open space on an adjacent tract.
[4] Adjacent to a creek or river.
[5] Adjacent to active farmland in a manner that the common open space serves as a buffer between homes and agricultural uses.
 
Common open space design standards.
(1) Areas set aside for open space shall be suitable for the designated purpose and shall be laid out to connect with existing or potential common open space on any adjacent tract. Where structures relating to common open space or recreational activity are located in approved common open space, no more than 5% of that area, or 10,000 square feet, whichever is greater, may be converted to building areas. Structures relating to agricultural uses shall conform to the provisions of Uses § 200-28: Additional regulations for specific uses through § 200-28A(9) in § 200-28: Additional regulations for specific uses.
(2) Any land set aside as common open space must be made subject to a deed restriction or conservation easement in a form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Northampton County.
 
Use regulations for common open space.
(1) No motor vehicle parking shall be permitted in the common open space area except to serve noncommercial recreation and allowed agricultural purposes.
(2) No forestry shall be allowed in the common open space, except as may occur to remove damaged, dead or diseased trees or as may involve active reforestation according to a landscaping plan, or as may be allowed to clear space for an approved use.
(3) No alteration of any stream, pond, or lake shall be permitted within prior approval by the Township.
(4) In the case of land owned by a property-owner association, the agreement shall provide for a process for approval of changes to common open space by the property owners, provided such changes are consistent with the Township-approved plan and any Township-approved revision.
Parking Standards
General parking requirements.
(1) Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this article so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.
(2) Whenever there is an alteration of a use that increases the parking requirements according to this article, the total additional parking required for the alteration, change, or extension shall be provided in accordance with the requirements of this article.
(3) No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
(4) All required facilities shall be provided and maintained as long as the use exists which the facilities were designed to serve. The total extent of off-street parking facilities shall not be reduced after their provision, except upon the approval of the Township and then only after proof that, by reason of diminution in floor area, seating area, or the number of employees or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this article. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner that at no time constitutes a nuisance, hazard, or unreasonable impediment to traffic.
(5) For parking areas of six or more vehicles and related driveways, the area that is not landscaped shall be: a) graded and surfaced with bituminous asphalt or concrete or another hard-surface approved by the Township, and b) drained to the satisfaction of the Township Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. All off-street parking areas of three or more spaces shall be marked so as to indicate the spaces' location. Failure to keep parking areas in satisfactory condition (such as free from potholes, clearly delineated, or properly graded) shall be considered a violation of this chapter.
(6) All areas for the storage of six or more motor vehicles shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan as required in § 200-38: Buffer yards and landscaping.
(7) Within the TC Town Center District, any use existing as of the effective date of this chapter which can be lawfully expanded, or any new use that cannot meet the parking requirements of this chapter within the lot lines of the principal use may meet the parking requirements of this chapter by:
(a) On an annual basis the landowner shall show proof of a lease of the required parking spaces within 300 feet of the premises and in the same district.
Parking design requirements.
(1) A parking stall is that area specifically designated by pavement markings or some other means for the temporary parking of one motor vehicle.
(2) Design standards for parking stalls shall not apply where the primary purpose is that of vehicle storage related to sales, service, or other use, both commercial and noncommercial.
(3) Unless otherwise specified, each required parking space shall include a rectangle with a minimum width of 10 feet and a minimum length of 20 feet. Parking spaces for storage of vehicles for sale or valet parking are not restricted by this size limitation.
(4) Parking for the persons with disabilities shall meet the requirements of the Township Construction Codes, which reference national ANSI standards.
(5) The minimum width of two-way traffic parking aisles shall be 24 feet.
(6) Drives and parking aisles shall be designed so that each motor vehicle may proceed to and from a parking stall without requiring the moving of any other motor vehicle.
Parking access and traffic control. See § 200-36C for detailed information.
Interior circulation and access. See § 200-36D for detailed information.
Parking for townhouse, apartment and nonresidential uses. See § 200-36F for detailed information.
Reduction of nonresidential parking requirements. See § 200-36G for detailed information.
Shopping Cart Storage
Any establishment which furnishes shopping carts that are allowed outside as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage are considered to be directional signs as regulated in Article VIII: Signs.
Soil Erosion and Sedimentation
All developments shall protect watercourses and water bodies from sedimentation damage and shall control erosion in accordance with the Pennsylvania statutes. All developments involving earth disturbance shall submit a soil erosion and sedimentation control plan as required by Chapter 175: Subdivision and Land Development.
Steep Slopes
In areas of 15% or greater slopes, the following standards shall apply:
[1] 15% to 25% slope: No more than 20% of such areas shall be developed and/or regraded or stripped of vegetation.
[2] Greater than 25% slope: No more than 10% of such areas shall be developed and/or regraded or stripped of vegetation.
[3] See also § 200-35C, concerning whether steep areas can be used to meet the minimum lot area requirements for an individual lot.
 
Grading and erosion control. During the preparation for installation of and use of areas coming under this control, the developer shall meet the requirements specified in § 200-32B(8) and all applicable ordinances for stormwater management and soil erosion and sedimentation control.
[1] No increased erosion will occur as a result of the planned development after the complete development of the lot.
[2] No increased water runoff will occur which will materially and adversely affect any property other than the lot to be developed.
 
Lands qualifying under one or more of the following provisions shall be exempt from the steep slope provisions of this section.
[1] Areas on a site that involve steep slopes of less than 3,000 square feet land area.
[2] Previously and substantially developed lots.
[3] That portion of land directly affected by the location of a through-road or other community facility as determined necessary by the Board of Supervisors. Only the minimum relief required to accomplish the municipal planning objective is subject to said exemption.
[4] The requirements of this section do not apply on a lot-by-lot basis, provided that the lot or lots in question have been the subject of a prior site plan or subdivision approval, and, further provided, that all provisions of said site plan or subdivision approval are met.
Storage
The storage of more than 10,000 gallons of materials or products having a closed cup flash point less than 120° F., including storage of finished products in the original sealed container, is prohibited. Bulk storage of more than 500 gallons must be in underground facilities designed to meet the standards prescribed by the National Fire Protection Association, and the requirements of the other ordinances of the Township.
Stormwater
All developments shall limit the rate of stormwater runoff so that no greater rate of runoff is permitted than that of the site in its predevelopment conditions. The provisions for runoff calculations outlined in Chapter 175: Subdivision and Land Development, shall apply
Toxic or Noxious Matter
(a) Waterborne. All activities shall be conducted in such a manner as to comply with all current applicable standards for air quality of the State DEP or Federal Environmental Protection Agency.

(b) Airborne. All activities shall be conducted in such a manner as to comply with all current applicable standards for air quality of the State DEP or Federal Environmental Protection Agency.

(c) Reference shall be made to the Air Pollution Abatement Manual for determination of toxic pollutants to be prohibited.
Trees on Wooded Lots
(a) The Township may require that appropriate measures be used to protect trees during the construction process, such as temporary fencing around the root system of trees to keep out construction equipment and avoid compaction around the roots. No more than 1/3 of the roots may be disturbed by the removal of topsoil or paving, provided that a similar amount of the canopy has been removed by a trained arborist. Any filling within 35 feet of the trunk shall require a tree well and/or aeration channels in accordance with the standards of the American Association of Nurserymen, Inc.

(b) See also regulations for forestry for tree cutting that is not necessary for the construction of an approved use.

See § 175-42B or its successor section of Chapter 175: Subdivision and Land Development, as amended.
Uses Subject to Other Regulations; Uses Per Lot
A. All uses permitted by right, special exception or conditional approval shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and such other provisions as are specified in other articles herein.

B. No zoning permit shall be issued until approval is obtained from the Sewage Enforcement Officer for sewage disposal, unless the premises are served by public sewer facilities.

C. In a residential district, no more than one principal type of use shall be permitted on a lot, except that Use § 200-28F(4), essential services, and Use § 200-28F(5), commercial communications antennas, towers and equipment buildings (where such antennas, towers, and equipment are permitted by this chapter), may be located on lots containing other principal uses. In other districts, more than one type of principal use may be allowed on a lot, provided that all of the requirements are met for each use.
Vibration
All activities shall be conducted in such a manner as to comply with the current applicable standards for vibration of the State DEP or Federal Environmental Protection Agency.
Visibility at Intersections
No sign shall be placed in such a position that it will cause danger to traffic on a street or entering a street by obscuring the view, or which hides from view or interferes with the effectiveness of an official traffic control device.
Water Quality and Water Withdrawal
(a) All activities shall be conducted in such a manner as to comply with all current applicable standards for water quality of the State DEP.

(b) Emergency procedures. Where materials stored on site could, if accidentally released, impair water quality, emergency procedures shall be specified to prevent such spillage from entering ground or surface waters as a part of the permit application.
Woodland
This resource shall be subject to the following restrictions when the area of woodland on the total site area is greater than 1/2 acre.
(a) No more than 50% of such woodland area shall be developed and/or regraded or cleared of vegetation. The minimum width of remaining stands of trees shall not be less than three times the height of the canopy. The remaining 50% of the woodland shall remain as permanent open land and shall be protected during construction from root compaction by equipment and material. The Township may require the use of a conservation easement to protect trees. The Township may allow the replacement of undesirable species of trees or unhealthy or diseased trees with new trees that will serve the same purposes. Dead and diseased wood may be removed.
(b) Exemptions. On existing or proposed wooded lots, exemptions to the woodlands standards may be permitted, provided the following provisions are met and approved by the Board of Supervisors.
[1] The Township shall allow for tree removal when said removal will not adversely affect the intent of this section or the utility and character of the overall foliage of the parcel or lot in question. In no case shall removal of trees exceed the standards for steep slopes or woodland protection within§ 200-32B(4) and § 200-32B(5). In addition, the provisions of this section shall not apply to a landowner that wishes to remove up to three trees in any calendar year.
[2] That portion of land directly affected by the location of a through-road or other community facility as determined necessary by the Board of Supervisors. Only the minimum relief required to accomplish the municipal planning objective is subject to said exemption.
[3] The requirements of this section do not apply on a lot-by-lot basis, provided that the lot or lots in question have been the subject of a prior site plan or subdivision approval, and, further provided, that all provisions of said site plan or subdivision approval are met.
(c) Development plans shall show the extent of trees to be removed versus areas to be maintained and preserved. Any time in the future, if a tree is removed that was required by the Township or was shown on an official site plan approved by the Township as being preserved, then such tree shall be replaced by the current landowner with a new tree of a species and in a location that serves the same purposes.
(d) For Use § 200-28B(10A), no more than 85% of a woodland area shall be developed and/or regraded or cleared of vegetation.
[1] If more than 50% of a woodland area is developed and/or regraded or cleared of vegetation, replacement trees shall be planted at a rate of one two- to 2 1/2-inch caliper tree for each six-inch (or greater) DBH tree to be removed.
[2] Tree replacement shall be provided for all qualifying vegetation within area exceeding 50% removal to a maximum 85% removal.
Yard Requirements
In all districts, no portion of a building or structure shall be built within the minimum depth of front, side, or rear yards as specified within this chapter except as provided in the following:
(1) Off-street parking and fences shall be permitted within required yards.
(2) Front yard exceptions for existing setbacks. If the alignment of existing buildings on either side of a lot within a distance of 200 feet of the proposed building and fronting on the same side of the same street in the same block is nearer to the street than the required front yard depth, the Township may accept the average of such existing alignment within that distance as the required front yard.
(3) Projection into yards. An arbor, open trellis, flagpole, unroofed steps or terrace, or recreational or clothes-drying yard shall be permitted as projections into required yards with no restriction. In addition, a roof of a building may overhang into a yard by up to three feet. No other permanent structure shall project into the required yard.
(4) Accessory building in yards. See § 200-28H. No accessory building shall be permitted within the area of the minimum front yard setback.