Part 4
Supplementary Use Regulations

§27-401 Purpose and Applicability.

The purpose of this Part is to supplement the district regulations contained in Part 3 with additional requirements applicable to certain specific uses. Therefore, in addition to those standards outlined in Part 3, the following regulations shall pertain to the identified uses.

(Ord. 3/13/1995, Article 4, §400)

§27-402 Uses Not Provided For.

Whenever, under this Chapter, a use is neither specifically permitted nor denied, and an application is made to the Zoning Officer for such a use, the Zoning Officer shall refer the application to the Board of Supervisors to hear and decide such a request as a conditional use. Subject to the requirements of this Section, the Board of Supervisors shall have the authority to permit the proposed use or deny the use in accordance with the standards governing conditional use applications set forth in §27-1402 of this Chapter. Applicant’s proposed use may only be permitted by the Board of Supervisors if:

A.    It is not allowed as a permitted use, a conditional use, or otherwise in any zoning district under the terms of this Chapter;

B.    It is similar to and compatible with the other uses permitted in the zoning district where applicant’s proposed use is located; and

C.    It is in no way in conflict with the general purposes of this Chapter.

The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the neighborhood where it is to be located.

(Ord. 2015-03, 6/15/2015, §2)

§27-403 Principal Uses.

Every principal building hereinafter erected shall be located on a lot as defined. There shall not be more than one principal use and/or structure and its accessory structures on one lot, except in the case of multi-family housing developments, mobile home parks, or other approved land developments.

(Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011, §1)

§27-404 Dwelling Units.

All dwelling units, including single-family, two-family, and multi-family units shall adhere to the following requirements:

A.    Every dwelling unit shall conform to all applicable building, housing, electrical and plumbing codes in effect in the Township or as may hereafter be enacted.

B.    Every dwelling unit shall be placed upon and firmly anchored to a permanent foundation. A permanent foundation shall consist of masonry construction placed upon footers set below the frost line or other technique or methodology of demonstrated capability.

C.    Every dwelling unit which is to be located in the Flood Fringe or General Floodplain District shall comply with all applicable district regulations in Part 3 and the floodplain management provisions contained in Part 9 of this Chapter.

D.    Every single-family dwelling unit (whether attached or detached) must contain a minimum of 600 square feet of gross floor area. In the case of multi-family dwellings, each unit must contain a minimum of 400 square feet of gross floor area, except for efficiency apartments, where 250 square feet of gross floor area must be provided for each unit.

(Ord. 3/13/1995, Article 4, §400)

§27-405 Conversion Apartments.

1.    The lot upon which a conversion apartment is located shall have a gross area at least equal to the minimum lot size for the district in which it is located.

2.    In the A-R and R-S Districts, conversions shall be limited to two dwelling units per structure. In the R-U District however, conversions may accommodate as many as three dwelling units per structure. [Ord. 2011-01]

3.    All conversions shall be subject to the gross floor area requirements set forth in §27-404.D.

4.    Sewage facilities shall be provided which are capable of treating the volume of effluent anticipated from the conversion. Where connection to the municipal sewer cannot be made, certification from the Township Sewage Enforcement Officer verifying the acceptability and/or suitability of an existing sub-surface system or a sewage permit for the installation of a new system shall be submitted as part of an application for such a use.

5.    No structural alterations shall be made to the exterior of the building, except as may be necessary for safety purposes.

6.    The yard, off-street parking, and other applicable requirements of this Chapter shall be met.

(Ord. 3/13/1995, Article 4, §403; as amended by Ord. 2011-01, 1/3/2011, §1; and by Ord. 2016-05, 11/14/2016, §1)

§27-406 Mobile Homes on Individual Lots.

A mobile home may be permitted to be placed on an individual lot as a permanent independent dwelling unit only as outlined in Part 3. (See §27-429.2 for mobile homes to be used as temporary quarters.) When reviewing applications for such proposals, the Township shall utilize the following criteria and may require additional information to be submitted where it is necessary to adequately protect the health, safety, and welfare of the Township residents.

A.    Every lot to be used for the placement of a permanent mobile home shall have a gross area at least equal to the minimum lot size for the district in which it is located. In addition, the unit must be situated on the lot to meet the applicable minimum setback line requirements.

B.    Every permanent mobile home shall meet the minimum standards of all local building, housing, electrical, plumbing, and other codes in effect in the Township or as may hereafter be enacted.

C.    Each mobile home shall be placed upon a foundation. One of the following types of foundations must be utilized. (See also paragraphs .D and .E below.)

(1)    Permanent Foundation. A permanent foundation shall consist of no less than footers or masonry construction set well below the frost line. Such foundation shall be constructed to leave no unnecessary open space between the mobile home and the foundation, except for windows or other openings as might be necessary for purposes such as floodproofing.

(2)    Mobile Home Pad. Where a permanent foundation is not practical or a temporary foundation is desirable, a mobile home pad may be utilized. Such pad shall be designed to be level, but shall provide for adequate surface drainage, and shall be durable and capable of supporting the maximum anticipated loads. The pad shall be constructed of compacted crushed stone, asphalt, concrete, or other material approved by the Township.

D.    Every mobile home shall be firmly anchored to its foundation prior to the unit being occupied or used in order to prevent overturning or uplift. The mobile home foundation shall be provided with anchors and tie-downs, such as cast-in-place concrete “deadman” eyelets embedded in concrete or runways, screw augers or arrow head anchors. The anchoring system shall be designed to resist a minimum wind velocity of at least 90 miles per hour.

E.    Every permanent mobile home shall have a continuous wall around its entire perimeter. The wall shall be constructed in accordance with one of the following methods:

(1)    Wall. A wall may be constructed of concrete or masonry and shall extend from the unit floor system to concrete footing below the subgrade frost line; i.e., the extension of a permanent foundation.

(2)    Skirting. If a wall is not used, every mobile home shall be encircled with skirting designed to compliment its appearance. Skirting shall include materials which have been prefabricated for this purpose or other impervious, moisture-resistant materials, and shall not include bales of hay, straw, interior plywood, or other like materials.

F.    Access to crawl space created by the installation of a wall shall be provided by means of a lockable panel or door.

G.    Every unit to be used as a dwelling unit must contain a minimum of 600 square feet of gross floor area.

H.    Every unit which is to be placed in the Flood Fringe or General Floodplain District must comply with all applicable provisions contained in Part 9 of this Chapter.

(Ord. 3/13/1995, Article 4, §404)

§27-407 Single-Family Attached Dwellings.

Single-family attached dwellings (i.e., townhouses or garden apartments) shall be permitted only where specified in the district regulations, Part 3. Every application for such a use shall meet the requirements outlined below as well as the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22]. (Applications proposing to locate more than one single-family attached dwelling structure on a single tract of land shall meet the requirements of §27-409 of this Chapter governing multi-family housing developments.)

A.    Minimum Area and Density Requirements.

(1)    The minimum gross lot area required for each single-family attached dwelling structure shall be as specified in the District Regulations, Part 3. Single-family attached dwelling structures situated in the R-S District shall contain no more than six dwelling units and in the R-U District such structures may contain up to eight dwelling units.

(2)    Where individual dwelling units of a single-family attached dwelling structure and portions of land on which the structure is located are proposed to be subdivided and conveyed as separate lots, a minimum of 4,800 square feet shall be conveyed with each dwelling unit in the RS District and a minimum of 2,500 square feet shall be conveyed with each dwelling unit in the R-U District. In such cases the applicant shall submit sufficient documentation along with subdivision plans which demonstrates that satisfactory arrangements have been made regarding the ownership and maintenance of all common ground or open space not proposed for conveyance. (See also paragraph .I below.)

(3)    Where individual dwelling units of a single-family attached dwelling structure are to be conveyed independently of any land area, the applicant shall demonstrate that all other requirements of the Uniform Condominium Act, 68 Pa.C.S.A. §3101 et seq., will be met. (See also paragraph .I below.)

(4)    Where individual dwelling units of a single-family attached dwelling structure are proposed to be subdivided, whether or not such subdivision includes any land area, all dwelling units contained in the structure shall be part of the proposed division.

B.    Minimum Lot Width. The minimum lot width for each single-family attached dwelling unit shall be as specified in the district regulations, Part 3. The minimum width required for a lot containing a single-family attached dwelling structure shall vary depending upon the number of units proposed. In no case however, shall the lot width for a single-family attached dwelling structure be less than the minimum required for a single-family detached dwelling in the district where such structure is located.

C.    Minimum Yard Requirements. The minimum yard requirements for single-family attached dwelling structures shall be as specified in the district regulations, Part 3.

D.    Traffic Access and Parking Facilities. Each single-family attached dwelling structure must access onto a public or private internal street. All new streets or access drives shall be designed and constructed in accordance with the road standards outlined in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22]. The number of off-street parking spaces available on the site shall equal no less than two stabilized spaces per dwelling unit.

E.    Sewage and Water Facilities. Adequate sewage and water facilities must be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Protection. [Ord. 2004-1]

(1)    Sewage Facilities. The municipal sanitary sewer system or a private package sewage treatment system shall be utilized to provide sewage disposal facilities for such developments.

(2)    Water Supply. The preferred method of water supply shall be by public or community facilities. However, if the developer can produce sufficient permits and/or documentation that an individual on-site well(s) will be adequate, then this means of water supply may be considered by the Township.

F.    Solid Waste Collection, Storage and Disposal. Arrangements for the collection, storage and disposal of solid wastes generated by the proposed development shall be made by the developer and submitted to the Township for approval as a part of his application for such a use.

G.    Grading and Landscaping (Soil Erosion and Sedimentation Control). Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed, plans shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. (See also §27-505.5 of this Chapter.) And where adjacent land use dictates, screen plantings or buffer yards of 25 feet may be required. (See also §§27-506 and 27-507.)

H.    Drainage Control Requirements. All plans for single-family attached dwelling structures shall include information indicating what types of drainage control facilities will be installed to handle runoff produced by the new structure and the grade of the site. The plans should also indicate where the drainage is to be ultimately channeled. (See also §27-505.6 of this Chapter.)

I.    Common Open Space Ownership and Maintenance. Where the conveyance of title to individual dwelling units of a single-family attached dwelling structure does not include the conveyance of any land area or does not include conveyance of the entire site, the developer shall submit a plan of the arrangements to be made for ultimate ownership of and maintenance responsibilities for the common open space/land area associated with the building (including access drives and driveways) as a part of his application for such a use. Copies of such arrangements shall be recorded as part of every deed for such conveyances. Where no conveyance is proposed, the developer shall supply the Township with a copy of his plan for the maintenance of all common open space areas associated with the structure.

(Ord. 3/13/1995, Article 4, §405; as amended by Ord. 2004-1, 3/8/2004)

§27-408 Multi-family Dwellings.

Multi-family dwellings (i.e., apartments or condominiums, but excluding single-family attached dwellings) shall be permitted only as specified in the district regulations, Part 3. Every such application shall also meet the requirements outlined below as well as the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22]. (Applications proposing to locate more than one multi-family dwelling structure on a single tract of ground shall meet the requirements of §27-409 below governing multi-family housing developments.)

A.    Minimum Area and Density Requirements. The minimum lot area required for each multi-family dwelling structure shall be as specified in the district regulations, Part 3. No multi-family dwelling structure shall contain more than eight dwelling units.

B.    Minimum Lot Width. The minimum width required for a lot containing a multi-family dwelling structure shall be as specified in the District Regulations, Part 3.

C.    Minimum Yard Requirements. The minimum yard requirements for multi-family dwelling structures shall be as specified in the District Regulations, Part 3.

D.    Other Requirements. All design requirements set forth in §§27-407.D, .E, .F, .G, .H and .I of this Chapter shall also be met.

(Ord. 3/13/1995, Article 4, §406)

§27-409 Multi-family Housing Developments.

Multi-family housing developments (the placement of more than one multi-family dwelling structure or more than one single-family attached dwelling structure on a single tract on ground) shall be permitted only as specified in the district regulations, Part 3. Every such application shall also meet the requirements outlined below as well as the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22].

A.    Minimum Area and Density Requirements. Each multi-family housing development shall contain a minimum of 2 contiguous acres of land suitable for development. The minimum density requirements set forth in §§27-407.A and 27-408.A for single-family attached dwellings and multi-family dwellings, respectively, shall apply to the type of development proposed. Overall density shall not exceed ten dwelling units per acre.

B.    Minimum Lot Width. The minimum required lot width shall vary with each individual application and shall be dependent upon the number of units proposed in each structure and the proposed arrangement of buildings in the development. For developments involving single-family attached dwelling structures, each dwelling unit shall maintain the minimum width required in the district regulations, Part 3.

C.    Minimum Yard Requirements. The minimum yard requirements for multi-family housing developments shall be as specified in the district regulations, Part 3.

D.    Design Standards.

(1)    Traffic Access. All proposed site accessways must be adequate, but not excessive in number; adequate in grade, width, alignment and visibility, and not located too near street corners, entrances to schools or places of public assembly and other similar considerations.

(2) Circulation and Parking. The interior traffic circulation system must be adequate, and all required parking spaces must be provided and be easily accessible. No less than two stabilized off-street parking spaces per dwelling unit shall be available on the site.

(3)    Streets and Drainage System Requirements. All structures within a multi-family housing development must access directly onto a public street or onto a street in the internal road system of the development. All new streets and drainage control systems shall be designed and constructed in accordance with the road and drainage control standards outlined in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22]. (See also §27-505.6 of this Chapter.)

(4)    Sewage Treatment and Water Supply. Adequate public or community sewer and water facilities must be available or be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Protection. The developer shall provide sufficient documentation along with his development plans to indicate that such facilities will be available. [Ord. 2004-1]

(5)    Solid Waste Collection, Storage and Disposal. Arrangements for the collection, storage and disposal of solid wastes generated by the proposed development shall be made by the developer and submitted to the Township for approval as a part of his application for such a use.

(6)    Grading and Ground Cover (Soil Erosion and Sedimentation Control). Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed, plans shall be presented showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. (See also §27-505.5 of this Chapter.)

(7)    Landscaping. The proposed site shall be properly landscaped in order to further enhance the natural qualities of the land. Where adjacent land use dictates, screen plantings or buffer yards of 25 feet may be required. (See also §§27-506 and 27-507.)

(8)    Common Open Space Requirements. For proposals involving 25 or more dwelling units, a minimum of 10% of the gross area of the development shall be reserved by the developer as common open space for the use of all residents of the complex. Such open space may include areas of land and water, but shall exclude all roads, parking areas, structures, or service lanes. This area shall also be easily accessible to all units. Applications for multi-family housing developments shall include a proposal regarding the ultimate ownership and maintenance responsibilities for such common open space areas. Copies of such arrangements shall be included in each deed or lease for a unit in such a development.

E.    Building Relationships.

(1)    Arrangement of Buildings. Adequate provision must be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.

(2)    Maximum Length of Rows. The maximum length of any group of attached structures shall not exceed 160 feet. A building group must be arranged in order to be accessible by emergency vehicles.

(3)    Distance Between Buildings.

(a)    The front or rear of any building shall be no closer to the front or rear of any other building than 40 feet.

(b)    The side of any building shall be no closer to the side, front, or rear of any other building than 30 feet.

(4)    Distance Between Buildings and Driveways.

(a)    No driveway or parking lot shall be closer than 15 feet to the front of any building, nor 10 feet to the side or rear of any building.

(b)    In the case of an enclosed garage or carport provided as a portion of the main structure, distance requirements for driveways providing access to these accommodations shall not apply.

(Ord. 3/13/1995, Article 4, §407; as amended by Ord. 2004-1, 3/8/2004)

§27-410 Mobile Home Parks.

1.    Mobile home parks are permitted only in those zoning districts as specified in the district regulations, Part 3. All proposed mobile home parks and extensions to existing parks must meet the requirements set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22].

2.    Further, every mobile home placed in an approved mobile home park in Wolf Township, including replacement units, shall secure a certificate of occupancy as required by this Chapter prior to being used as a dwelling unit. All additions proposed for mobile homes located in mobile home parks shall require a zoning permit from the Township prior to being initiated. [Ord. 2011-01]

(Ord. 3/13/1995, Article 4, §408; as amended by Ord. 2011-01, 1/3/2011, §1)

§27-411 Boarding or Rooming Homes.

Boarding or rooming homes may be permitted only in those zoning districts as specified in the district regulations, Part 3. All applications for such uses shall also meet the requirements outlined below.

A.    Boarding or rooming facilities shall be accessory to a single-family dwelling unit and such uses may or may not include arrangements for meals. And, for the purposes of this Chapter, the owner of the single-family dwelling must occupy the unit as its legal resident.

B.    Accommodations may be provided for up to six additional persons, with a maximum of two persons per bedroom. Such accommodations shall be for periods of 1 week or more.

C.    The lot upon which the boarding or rooming home is situated shall meet the minimum area requirements established in the district regulations, Part 3.

D.    Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements set forth by the Pennsylvania Department of Environmental Protection. Where applicable, all requirements of the Pennsylvania Department of Labor and Industry shall also be met. Satisfactory evidence that the necessary permits or approvals have been obtained shall be submitted by the developer as a part of his application for a boarding or rooming home. [Ord. 2004-1]

E.    The off-street parking requirements set forth in Part 11 and all other applicable standards of this Chapter shall be met.

F.    Where adjacent land use dictates, adequate buffer yards and/or screen planting shall be provided in accordance with §§27-506 and 27-507 of this Chapter.

(Ord. 3/13/1995, Article 4, §409; as amended by Ord. 2004-1, 3/8/2004)

§27-412 Group Homes or Institutional Residences.

Group homes or institutional residences may be permitted only in those zoning districts as specified in the district regulations, Part 3. All applications for such activities shall meet the requirements outlined below.

A.    Residents of a group home shall maintain a single household unit with shared use of rooms, except bedrooms, and shall share mealtimes and housekeeping responsibilities. (There shall be no more than two persons per bedroom.) [Ord. 2011-01]

B.    Accommodations in a group home shall be provided for no more than eight residents, excluding staff, at any one time. For the purposes of this Chapter, group homes providing accommodations for more than eight residents shall be considered to be institutional residences. Applications for group homes shall specify the maximum number of residents or occupants to be housed or cared for at the facility.

C.    Adult supervision shall be provided at the facility on a 24-hour basis.

D.    Applicants for group homes or institutional residences shall indicate the type of care, counseling or treatment to be provided at the site. In each instance, medical shall be incidental in nature and shall not be a major element of the care being provided at the facility.

E.    Residents of such facilities shall remain in residence for a period of at least 3 months, and a change of residents shall not routinely occur, except in the case of death, extended illness, disability or similar circumstances.

F.    The applicant for an institutional residence shall provide a copy of the complete license application from the Pennsylvania Department of Public Health, including drawings, as part of his application for such a use. Revocation or suspension of the State permit shall constitute an automatic revocation of the Township zoning permit. [Ord. 2011-01]

G.    Any zoning permit issued for a group home or institutional residence shall apply only to the facility and applicant named, the premises designated, and for the activities or purposes listed or identified in the application. Said permit shall be non-transferable. [Ord. 2011-01]

H.    Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection. Where applicable, all other requirements of the Pennsylvania Department of Labor and Industry shall also be met. Satisfactory evidence that the necessary permits or approvals have been obtained shall be submitted by the developer as a part of his application for such a use. [Ord. 2011-01]

I.    Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part of the application for such a use.

J.    Where adjacent land use dictates, adequate buffer yards and/or screen planting shall be provided in accordance with §§27-506 and 27-507 of this Chapter.

K.    The requirements set forth in Part 11 regarding off-street parking, loading and access drives, and all other applicable standards set forth in this Chapter shall also be met.

(Ord. 3/13/1995, Article 4, §410; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2011-01, 1/3/2011, §1)

§27-413 Personal Care or Nursing Homes.

Personal care or nursing homes are permitted only in those zoning districts as specified in the district regulations, Part 3. Every application for such a use shall meet the requirements outlined below.

A.    Satisfactory evidence shall be provided by the applicant indicating that the proposed facility will conform to all applicable State and local regulations (including regulations of the Pennsylvania Department of Health and the Pennsylvania Department of Labor and Industry).

B.    Sewage and water facilities shall be sufficient to handle the anticipated loading created by the facility and shall be approved by the Pennsylvania Department of Environmental Protection. Nursing homes must be provided with community sewer service and/or a public water supply. [Ord. 2004-1]

C.    Access to the facility shall be provided which meets the requirements set forth in §27-1103 of this Chapter for multi-family residential uses. Adequate off-street parking facilities, meeting the standards of §27-1101, shall also be provided. In addition, pedestrian accessways shall be designated which are distinguished and separated from vehicular drives and parking areas.

D.    Arrangements for the collection, storage and disposal of all solid wastes generated by the personal care or nursing home shall be made by the applicant and submitted to the Township for approval as a part of his application for such use. Where determined appropriate, the Township may request review of the proposed arrangements by the Pennsylvania Department of Environmental Protection prior to granting approval. [Ord. 2004-1]

(Ord. 3/13/1995, Article 4, §411; as amended by Ord. 2004-1, 3/8/2004)

§27-414 Day Care Centers.

Day care centers, nursery schools, kindergartens, or similar operations which are licensed by the Pennsylvania Department of Human Services to provide care for more than 12 children outside of a family residence or those providing limited daytime care for adult, elderly, or handicapped persons may be permitted only as set forth in the district regulations, Part 3. All such uses shall meet the requirements outlined below.

A.    Outdoor recreation areas of at least 100 square feet per child and 50 square feet per adult being tended shall be provided. Such areas shall be completely enclosed with a 4-foot chain-link or solid fence located no less than 25 feet from the edge of any adjoining street right-of-way. A dwelling or accessory building may be used as part of the required enclosure.

B.    Screen planting that satisfies the requirements of §27-507 shall be provided to screen all outdoor recreation areas. A solid fence may be considered as a possible alternative to the screen planting at the discretion of the Zoning Officer as long as the solid fence otherwise meets the general requirements of §27-507. If a fence is used, §27-505.2, Fences and Walls, should be followed.

C.    Sewage and water facilities shall be sufficient to handle the anticipated loading created by the facility and shall be approved by the Pennsylvania Department of Environmental Protection. [Ord. 2004-1]

D.    All other applicable codes, ordinances or laws (including regulations of the Pennsylvania Department of Human Services, Pennsylvania Department of Labor and Industry, and Pennsylvania Department of Education) shall be met. Satisfactory evidence that all necessary permits or approvals have been obtained shall be submitted as part of an application for a day care center. At the discretion of the Township the permits or approvals shall be made a condition of approval which must be satisfied prior to the issuance of an occupancy permit.

(Ord. 3/13/1995, Article 4, §412; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2016-05, 11/14/2016, §1)

§27-414.1 Family Day Care Homes and Group Day Care Homes.

A family day care home and a group day care home must be licensed and approved to operate under the applicable regulations of the Pennsylvania Department of Human Services prior to issuance of an occupancy permit. All such uses shall meet the requirements outlined below.

A.    Outdoor recreation areas shall be provided which comply with the regulations of the Pennsylvania Department of Human Services and at a minimum shall be enclosed with at least a 4-foot chain-link fence or solid fence located no less than 25 feet from the edge of any adjoining street right of-way unless the applicable Pennsylvania Department of Human Services regulations require a higher fence or greater distance. A dwelling or accessory building may be used as part of the required enclosure.

B.    Screen planting that satisfies the requirements of §27-507 shall be provided to screen all outdoor recreation areas. A solid fence may be considered as a possible alternative to the screen planting at the discretion of the Zoning Officer as long as the solid fence otherwise meets the general requirements of §27-507.

C.    Sewage and water facilities shall be sufficient to handle anticipated loading created by the facility and shall be approved by the Pennsylvania Department of Environmental Protection.

D.    Satisfactory evidence that all necessary permits or approvals have been obtained shall be submitted to the Township as part of an application for a family day care home or group day care home or at the discretion of the Township shall be made a condition of approval which must be satisfied prior to the issuance of an occupancy permit.

(Ord. 2016-05, 11/14/2016, §1)

§27-415 Retail Establishments.

Retail establishments shall include those facilities and personal service uses specified in the district regulations, Part 3. These retail and/or service activities may have exterior service or storage areas or partially enclosed structures, including, but not limited to, establishments selling lumber and other building materials; mobile home or modular home dealers; automobile, boat, motorcycle, and recreational vehicle dealers; gasoline service stations with automotive repair; and fuel oil dealers. In addition, every proposed retail establishment must meet the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22].

A.    Applications for retail establishments shall include the following information:

(1)    A sketch plan.

(a)    Show the tract of ground on which the use is proposed and the location of all buildings or structures existing or to be situated on the site.

(b)    Location showing access to the proposed establishment.

(c)    Show the number of off-street parking spaces required by this Chapter (§27-1101) will be provided.

(d)    A buffer yard or screen planting as required by this Chapter (§§27-506, 27-507) will be provided.

(2)    A written description stating that the use will not have a detrimental effect on the character of the area or neighborhood where it is proposed to be located. The description should include the type of business, hours of operation, number of employees and any other information that is pertinent.

(3)    Proof of adequate sewage disposal facilities and a safe water supply will be provided.

(4)    A driveway permit or highway occupancy permit to access the proposed establishment approved by the Township or PennDOT.

(5)    Agreement for the collection, storage and disposal of solid wastes generated by the commercial use.

(6)    Zoning permit for all signs used to advertise such facilities that meet the requirements of Part 10 of this Chapter.

B.    Any outside display of goods for sale shall meet the required setbacks for the district.

C.    Outside, unenclosed storage associated with an approved commercial use shall meet the requirements set forth in §27-603 of this Chapter. This does not include goods for sale.

(Ord. 3/13/1995, Article 4, §413; as amended by Ord. 2013-01, 6/10/2013)

§27-416 Bed and Breakfast Establishments.

Bed and breakfast establishments shall be permitted only in those zoning districts as specified in the district regulations, Part 3. In addition, the following standards shall be met:

A.    The operator of the facility shall reside in the establishment.

B.    Overnight lodging accommodations shall not exceed 14 continuous nights per patron.

C.    Lodging accommodations may or may not include arrangements for breakfast or other meals.

D.    Dining facilities and services shall be available only to lodgers.

E.    Exterior alterations to existing structures shall be limited to those customarily associated with residential uses.

F.    Satisfactory evidence shall be provided by the applicant indicating that the proposed facility will conform to all applicable State and local regulations (including regulations of the Pennsylvania Department of Health and Pennsylvania Department of Labor and Industry).

G.    Sewage and water facilities shall be sufficient to handle the anticipated loading created by the facility and shall be approved by the Pennsylvania Department of Environmental Protection. [Ord. 2004-1]

H.    Arrangements for the collection, storage and disposal of solid wastes generated by the facility shall be made by the applicant and submitted to the Township for approval as part of his application for such use.

I.    Adequate off-street parking and loading facilities shall be provided in accordance with §27-1101 of this Chapter.

J.    Signs advertising the facility shall meet the requirements of Part 10 of this Chapter.

(Ord. 3/13/1995, Article 4, §414; as amended by Ord. 2004-1, 3/8/2004)

§27-417 Kennels.

Kennels may be permitted only as specified in the district regulations, Part 3, and shall be subject to the requirements of the Act 1982-225, the Pennsylvania Dog Law, 3 P.S. §459-101 et seq., and the regulations promulgated thereunder. In addition, the following requirements shall be met:

A.    Where appropriate, the applicant shall provide proof of issuance of a kennel license from the Pennsylvania Department of Agriculture prior to the issuance of a zoning permit by the Township. Such licenses shall be renewed annually, a copy of which shall be supplied to the Township by the operator. [Ord. 2011-01]

B.    The lot upon which the kennel is located shall meet the minimum area requirements established in the district regulations, Part 3, for the district in which it is located.

C.    All kennels shall be effectively screened from adjacent residential properties and shall not be detrimental to any abutting use.

D.    Any and all outdoor lighting shall be mounted and shielded in such a way so as to avoid causing glare on adjacent lots or properties.

E.    All outdoor kennel area shall be completely enclosed with a chain link fence or other suitable fence or wall.

F.    Outdoor kennel areas shall be located at least 100 feet from the property line of any residential structure, other than the owner’s dwelling.

G.    Adequate arrangements shall be made by the applicant for the collection, storage and disposal of excrement, animal parts and other solid waste to the satisfaction of the Township and the Pennsylvania Department of Environmental Protection. Such arrangements shall be submitted to the Township for review as a part of the application evaluation process. Such wastes shall not create odor, dust or other noxious effects that could be considered public nuisances. [Ord. 2004-1]

(Ord. 3/13/1995, Article 4, §415; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2011-01, 1/3/2011, §1)

§27-418 Automotive Service Stations and/or Repair Shops.

Automotive service stations and/or repair shops are permitted only in those zoning districts as specified in the district regulations, Part 3. All applications for such uses shall meet the standards outlined below.

A.    No gasoline service station or automotive repair shop shall have an entrance or exit for vehicles within 300 feet of any school, playground, church or public place of assembly, nor within 30 feet of any intersection.

B.    Gasoline pumps or other fuel dispensing devices shall be no closer than 30 feet to any street right-of-way line.

C.    All fuel, oil, propane gas, or other similar substance shall be stored at least 30 feet from any street right-of-way or property line. (Additional permits may be necessary to meet State and Federal requirements regarding the location of storage tanks for such purposes.)

D.    All associated repair work (excluding preventive maintenance and minor adjustments) shall be carried out within a structure. All repair materials, including new, used, discarded or unusable parts of any vehicle, shall be stored within a building.

E.    Body work or painting of vehicles may be permitted only where the operation is to be conducted within an enclosed structure and where such structure meets the Pennsylvania Department of Labor and Industry regulations and is designed to contain all noise, vibrations, dust, and odor generated by the activity.

F.    Automatic car wash facilities may be permitted in conjunction with such uses provided that the applicant can show that his sewage treatment facilities can accommodate the additional loading.

G.    No more than three vehicles may be offered for sale at any one time at an automotive service station or repair shop.

H.    Where adjacent land use dictates (i.e., residential home sites, churches or similar uses), proper screen plantings or buffer yards of 25 feet shall be provided.

(Ord. 3/13/1995, Article 4, §416)

§27-419 Public Entertainment Facilities.

For the purposes of this Chapter, public entertainment facilities shall include, but not be limited to, bowling alleys, roller skating rinks, motion picture theaters, health clubs and similar types of enclosed establishments, but shall exclude adult entertainment facilities. Such uses shall be permitted only as provided in Part 3, the district regulations, and shall be subject to the following standards, in addition to all other applicable State or local requirements.

A.    All such uses shall be conducted entirely within an enclosed structure.

B.    Off-street parking spaces shall be provided in accordance with §27-1101 of this Chapter.

C.    Illuminated signs or other outdoor lighting shall be installed and shielded to avoid causing glare on adjacent properties or creating a hazard for passing motorists. (See also Part 10 of this Chapter.)

D.    Adequate measures shall be taken to prevent noise or other noxious influences from disturbing nearby residential properties.

(Ord. 3/13/1995, Article 4, §417)

§27-420 Adult Entertainment Establishments.

Adult entertainment establishments or facilities may only be permitted as specified in Part 3, the district regulations, and shall be subject to the following standards, in addition to all other applicable State or local requirements.

A.    Adult entertainment establishments shall not be located within:

(1)    250 feet of the boundary of any R District or other residential property line.

(2)    500 feet of the property line of any church, school, theater, park, playground, or other areas where minors congregate.

(3)    250 feet of the property line of any establishment licensed by the Pennsylvania Liquor Control Board to dispense alcoholic beverages.

(4)    250 feet of the property line of any restaurant, eating establishment, or grocery store.

(5)    500 feet of the property line of any other adult entertainment establishment.

B.    Advertisements, displays, or other promotional materials for adult entertainment establishments shall not be shown or exhibited so as to be visible to the public from any street, sidewalk or other public place.

C.    All building openings, entries, exits or windows for adult entertainment establishments shall be located, covered or screened in such a manner so as to prevent a view into the interior from any street, sidewalk or other public place. In the case of any adult drive-in or motion picture theater, viewing screens shall be situated so as to prevent observation from any street, sidewalk or other public area.

(Ord. 3/13/1995, Article 4, §418)

§27-421 Light Industrial or Manufacturing Uses.

Industrial uses shall include those manufacturing operations, warehousing facilities and processing activities specified in the district regulations, Part 3. Applications for such activities shall meet the requirements outlined below as well as the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22]. Additional documentation may also be required where it is deemed necessary by the Township to protect the health, safety and welfare of its residents.

A.    Industrial operations shall abut and/or provide direct access to a street or highway which is capable of accommodating the anticipated levels and types of industrial and employee traffic.

B.    Every industrial or manufacturing operation must be contained within a building, except as may be provided in Part 3, the district regulations.

C.    All outside, unenclosed storage associated with an industrial or manufacturing use shall meet the requirements set forth in §27-603 of this Chapter.

D.    Adequate sewer and water facilities shall be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Protection. The developer shall provide sufficient documentation along with development plans to indicate that such service will be provided. [Ord. 2004-1]

E.    Arrangements for the collection, storage and disposal of all solid wastes generated by the industrial operation shall be made by the developer and submitted to the Township for approval as a part of his application for such a use. Where determined appropriate, the Township may request review of the proposed arrangements by the Pennsylvania Department of Environmental Protection prior to granting approval. [Ord. 2004-1]

F.    Off-street parking spaces shall be provided in accordance with §27-1101 of this Chapter and off-street loading areas shall meet the requirements of §27-1102.

G.    Accessory sales or retail outlets may be permitted to be associated with approved principal uses, but shall be clearly incidental to the industrial use of the subject site.

H.    Where in the opinion of the approving authority it would be appropriate, buffer yards of 50 feet and screen planting shall be provided along the entire perimeter of the site in accordance with the standards set forth in §§27-506 and 27-507.

I.    Compliance with the following minimum performance standards, in addition to all applicable local, State or Federal codes or regulations (including DEP’s air, water and noise pollution control standards) shall be required. [Ord. 2004-1]

(1)    Sound. The volume of sound inherently and recurrently generated shall be controlled so as not to cause a nuisance to adjacent uses.

(2)    Vibration. No vibrations shall be discernible beyond the property lines of the industry.

(3)    Odor. No emission of odorous gas or other odorous matter shall be permitted in such quantity as would be readily detectable along or beyond the lot lines of the industrial operation without the use of instruments.

(4)    Toxic or Noxious Matter. No discharge beyond lot lines of any toxic or noxious matter in such quantity as would be detrimental or dangerous to public health, safety, comfort or welfare, or would cause injury or damage to property or businesses shall be permitted.

(5)    Glare. No direct or reflected glare shall be detectable at any point along or beyond the property lines of the industry.

(6)    Heat. No direct or reflected heat shall be detectable at any point along or beyond the property lines of the industry.

(7)    Dust and Fly Ash. No solid or liquid particles shall be emitted in such quantities as would be readily detectable at any point along or beyond the property lines of the industry or as would produce a public nuisance or hazard.

(8)    Smoke. No smoke shall be emitted in such quantity as would be become a nuisance.

(9)    Fire and Explosion Hazards. In all activities involving, and in all storage of flammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire and explosion, and adequate fire fighting and fire suppression equipment and devices standard in the industry. Burning of industrial waste materials in open fires shall be prohibited.

(10)    Radioactivity or Electrical Disturbances. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

(11)    Hazardous Materials Operation. No hazardous materials operation shall be permitted without conditional use approval. [Ord. 2011-03]

(12)    Medical Marijuana Grower/Processors. No medical marijuana business shall be permitted without conditional use approval.

(Ord. 3/13/1995, Article 4, §419; as amended by Ord. 2004-1, 3/8/2004; by Ord. 2011-03, 4/11/2011, §4; by Ord. 2017-01, 7/10/2017, § 4; and by Ord. 2017-03, 7/10/2017, § 1)

§27-422 Contractor’s Shops and Yards.

Contractor’s shops and yards may be permitted in those zoning districts as specified in the district regulations, Part 3 of this Chapter, and shall be subject to the following requirements.

A.    Construction, fabricating and fitting activities shall be conducted within an enclosed building or structure, unless approved otherwise by the Township Supervisors.

B.    Storage yards shall be buffered and screened from adjacent areas in accordance with the requirements of §§27-505.2 and 27-506 of this Chapter.

C.    Written documentation of the steps the applicant will take to mitigate or resolve impacts, whether temporary or permanent, specifically related to potentially noxious, hazardous or nuisance occurrences within the district or to any adjacent district. [Ord. 2011-01]

D.    A sketch drawing must be submitted and approved by the Township Planning Commission prior to submitting an application to the Township for conditional use approval. [Ord. 2010-01]

E.    All driveways shall be paved for a distance of at least 50 feet from the center line of the public street from which the site is accessed.

F.    Areas used to store equipment and parking for staff and visitors must be covered with stone and kept at all times in a dust and mud free condition. The required number of parking stalls shall be determined by the use of each building on the site.

(Ord. 3/13/1995, Article 4, §420; as amended by Ord. 2009-04, 8/10/2009, §2; by Ord. 2010-01, 4/12/2010, §1; by Ord. 2011-01, 1/3/2011, §1; and by Ord. 2016-05, 11/14/2016, §1)

§27-423 Extraction Operations.

Extraction operations, such as quarries or other commercial excavation of sand, gravel, clay, shale, rock or other natural mineral deposit as may be defined by State or Federal regulations, may be permitted only as specified in the district regulations, Part 3. Such operations shall comply with Pennsylvania Department of Environmental Protection’s and/or applicable Federal permit requirements and evidence of such compliance must be submitted with any application for an extraction operation. In addition, the following standards shall be met. [Ord. 2004-1]

A.    The minimum area required for an extraction operation shall be 5 acres.

B.    Extraction operations shall abut on or provide direct access to a street or highway capable of accommodating heavy trucks and employee traffic. Truck access to any excavation site shall be arranged to minimize danger to traffic and nuisance to surrounding properties. The Township Supervisors may require the applicant to post a highway performance bond in order to assure the maintenance of local municipal roads used for access and transportation of resources, materials and products of the operation. The amount of the bond shall be set by the Township Supervisors and shall be valid for 1 year. An annual renewal and update of the zoning permit for the activity, including the amount of the bond, shall be required. The bond shall be administered in accordance with the provisions of Article V of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. §10501 et seq., relating to improvement agreements. [Ord. 2011-01]

C.    The applicant shall submit plans which indicate what precautions will be taken to avoid soil erosion and sedimentation problems wherever any excavation is proposed. The applicant shall consult the County Conservation District concerning these plans and shall obtain a report on the soil characteristics of the site and the acceptability of his erosion control plans. Exposed ground surfaces shall be stabilized or protected with a vegetative cover to prevent soil erosion, unless other erosion control techniques are approved.

D.    Screen plantings, buffering, and fencing shall be provided along the perimeter of the excavation site as may be required by State or Federal regulations. Where not specifically regulated by State or Federal standards, a buffer yard of 50 feet and screening in accordance with §27-507 of this Chapter shall be provided. In addition, in the case of open excavation, a fence, at least 6 feet in height, shall completely surround the excavation area.

E.    The minimum performance standards contained in §27-421.I of this Chapter shall be met by such operations.

F.    No extraction activities, stockpiling or storage of extracted material shall be located closer than 100 feet to any property line, street right-of-way line, or residential dwelling nor less than 250 feet from any stream or body of water.

G.    Where permitted, rock crushers, batching or mixing plants, or other grinding, polishing or cutting machinery shall be set back a minimum of 150 feet from all property lines and public rights-of-way and shall be subject to such additional conditions and safeguards deemed necessary by the Township Supervisors to protect the public health, safety and welfare.

H.    Following the extraction operation, the applicant shall restore the area to a contour satisfactory to the Township Supervisors. The applicant shall provide plans and proposals indicating the process to be followed to bring about this restoration as a part of his application for such a use. If it is determined appropriate by the Supervisors, they may require a performance bond from the applicant to ensure that such restoration will take place. Such bond shall be administered in the same fashion as the highway performance bond discussed in paragraph .B above.

(Ord. 3/13/1995, Article 4, §421; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2011-01, 1/3/2011, §1)

§27-424 Municipal or Residual Waste Landfills.

Municipal or residual waste landfills may only be permitted in those zoning districts as specified in the district regulations, Part 3, and shall be subject to the following standards as well as all applicable requirements of the Pennsylvania Department of Environmental Protection (25 Pa.Code, Chapters 271-299, relating to municipal and residual waste regulations, or as may hereafter be amended). [Ord. 2004-1]

A.    The minimum area required for a municipal or residual waste landfill shall be 25 contiguous acres.

B.    The applicant shall obtain approval for the proposed facility from the Pennsylvania Department of Environmental Protection prior to the issuance of a zoning permit by the Township. [Ord. 2011-01]

C.    Municipal or residual waste landfills shall abut on or provide direct access to an arterial highway capable of accommodating the anticipated type and volumes of traffic generated by the facility. Access to any such facility shall be designed to minimize danger to normal traffic and nuisance to surrounding properties. In addition, all such access roads shall at a minimum meet the requirements set forth in §273.213 of Chapter 273 and §288.213 of Chapter 288 of Title 25 of the Pa.Code, or as may hereafter be amended.

D.    Municipal or residual waste landfill sites shall be completely enclosed by a fence to prevent unauthorized access and to prevent debris from being blown from the site. In addition, all requirements relating to access control contained in §273.212 of Chapter 273 and §288.212 of Chapter 288 of Title 25 of the Pa.Code, or as may hereafter be amended, shall be met.

E.    Municipal or residual waste landfills shall not be sited in the following locations: (All distances shall be measured from the property line of the facility.)

(1)    Within a 100-year floodplain.

(2)    In or within 300 feet of a wetland.

(3)    Within 100 feet of a perennial stream.

(4)    In a valley, ravine or the head of a hollow where the operation would result in the elimination, pollution or destruction of a portion of a perennial stream.

(5)    Within ¼ mile upgradient and within 300 feet downgradient of a private or public water source.

(6)    Within 100 feet of a property line or the right-of-way of a public street.

(7)    Within 300 feet of an occupied dwelling.

(8)    Within 300 yards of a building owned by a school district or a school.

(9)    Within 300 yards of a park or playground.

(10)    Within 10,000 feet of a runway used by turbine-powered aircraft at a Federal Aviation Administration (FAA) certified airport.

(11)    Within 5,000 feet of a runway used by piston-type aircraft at an FAA certified airport.

(12)    Within the conical area for runway flight paths that are used by turbine-powered or piston-type aircraft.

(13)    Within 25 feet of a coal seam, coal outcrop or coal refuse.

(14)    In coal bearing areas underlain by recoverable or mineable coals.

(15)    In areas underlain by limestone or carbonate formations where the formations are greater than 5 feet thick and present at the topmost geologic unit.

F.    The disposal area of a municipal or residual waste landfill shall be located at least:

(1)    500 feet from an occupied dwelling.

(2)    300 feet from a property line.

(3)    300 feet from the right-of-way of a public street.

G.    A copy of the geology, soils and hydrology descriptions required by §§273.115-273.120 of Chapter 273 and §§288.122-127 of Chapter 288 of Title 25 of the Pa.Code, or as may hereafter be amended, shall be submitted as a part of an application for a municipal or residual waste landfill.

H.    A copy of the water quality protection and monitoring plan required by §§273.151 and 273.152 of Chapter 273 and §§288.151 and 288.152 of Chapter 288 of Title 25 of the Pa.Code, or as may hereafter be amended, including a soil erosion and sedimentation control plan, shall be submitted as a part of an application for a municipal or residual waste landfill.

I.    A copy of the gas monitoring and control plan required by §273.171 of Chapter 273 and §288.161 of Chapter 288 of Title 25 of the Pa.Code, or as may hereafter be amended, shall be submitted as a part of an application for a municipal or residual waste landfill.

J.    A copy of the emergency contingency plan required by §273.181 of Chapter 273 and §288.171 of Chapter 288 of Title 25 of the Pa.Code, or as may hereafter be amended, shall be submitted as a part of an application for a municipal or residual waste landfill.

K.    A copy of the postclosure land use plan and closure plan required by §§273.191 and 273.192 of Chapter 273 and §§288.181 and 288.182 of Chapter 288 of Title 25 of the Pa.Code, or as may hereafter be amended, shall be submitted as a part of an application for a municipal or residual waste landfill.

L.    The applicant for a municipal or residual waste landfill shall demonstrate, to the satisfaction of the Township, sufficient financial responsibility for the operation of the proposed facility and the ability to provide for insurance protection for personal injury and property damage to third parties arising from the operation of the facility. A copy of the collateral and/or surety bond guarantees required by §271.311 of Chapter 271 and §287.311 of Chapter 287 of Title 25 of the Pa.Code, or as may hereafter be amended, shall be submitted as a part of the application for the facility.

M.    In addition to the foregoing requirements, the applicant shall provide evidence that all other required governmental approvals have been granted prior to the issuance of a zoning permit. Required improvements shall include, but are not limited to, approvals by any Federal or State agencies, stormwater management plans, subdivision and land development plans (including appropriate financial guarantees), and approvals under any County or Township ordinances. [Ord. 2011-01]

N.    In the event the landfill is found to be in violation of any other governmental regulations which require that the operations of the landfill shall cease, such action shall cause the zoning permit to be void and forfeited. No resumption of the landfill shall take place in such event unless and until the applicant submits and obtains approval of a new zoning permit application pursuant to the requirements of this Chapter and other municipal regulations in effect at the time that such new application is submitted. [Ord. 2011-01]

(Ord. 3/13/1995, Article 4, §422; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2011-01, 1/3/2011, §1)

§27-425 Agricultural Uses.

Irrespective of the specific uses listed or permitted in any of the Township’s zoning districts, agricultural programs shall be permitted and encouraged as an interim use until such time as the property owner sells or transfers his property interests to persons, agents or others interested in developing a use in conformance with the district regulations set forth in Part 3 of this Chapter. All agricultural uses initiated after the effective date of this Chapter shall be subject to the following safeguards and regulations.

A.    General Agricultural Use Regulations. The following general regulations shall apply to all agricultural or family farming uses, as appropriate.

(1)    Private gardens shall be permitted in all zoning districts.

(2)    The maintenance of livestock (including cattle, horses, pigs, etc.) and poultry shall be prohibited in the Residential Suburban and Residential-Urban Districts. Household animals or pets intended for personal, domestic use shall be exempt from these regulations. Commercial animal husbandry activities may only be authorized in the Agricultural-Rural District and only as provided in the district regulations.

(3)    All buildings and/or storage associated with the maintenance of livestock in the A-R District or Floodplain Districts shall be set back from any property line or public street right-of-way in accordance with the general setback requirements of the applicable district regulations.

(4)    Buildings in which livestock and/or poultry are to be housed (temporarily or permanently) in an Agricultural-Rural District shall not hereafter be erected within 50 feet of a property line nor within 25 feet of a street right-of-way. (See also agricultural district regulations for front yard setback requirements for agricultural structures.)

(5)    In the Agricultural-Rural District, no hazardous materials, compost, manure or other similar storage shall be located closer than 100 feet to any occupied dwelling (other than the owner’s residence), nor closer than 50 feet to any property line, stream, water body or wetland area. (See also subsection .B below for setback requirements for concentrated animal operations.)

(6)    For the purposes of this Chapter, the first building constructed on a farm in the Agricultural-Rural District which is devoted to agricultural use will be considered to be the principal structure on the tract, and any subsequently constructed buildings on the same parcel which are associated with agricultural operations will be considered to be accessory structures. No land development approval will be required for the addition of such accessory structures.

(7)    All waste storage ponds, waste storage structures (including waste storage tanks and waste stacking facilities), and waste treatment lagoons established after the effective date of this Chapter shall be planned, designed, constructed, operated and maintained in accordance with all applicable Federal and State standards and specifications. (See also paragraph .B below for standards pertaining to concentrated animal operations.)

(8)    To avoid potential safety problems, cultivation activities shall not be located within the clear sight triangle of any public street intersection.

(9)    Nothing contained in this Chapter shall prohibit a farmer from carrying out normal farming activities, including the spreading of manure.

B.    Concentrated Animal Feeding Operation Regulations. Concentrated animal feeding operations (CAFO) may only be permitted in an Agricultural District, and all new or expanded CAFO’s shall require conditional use approval from the Township Supervisors prior to the issuance of a zoning permit for the activity. In addition, all applications for CAFO’s shall satisfy the following criteria:

(1)    All concentrated animal feeding operations shall meet the current requirements set forth in the final draft of the PA Nutrient Management Regulations, as approved by the PA Nutrient Management Board on December 11, 1996, or as may hereafter be adjusted and adopted by the State Conservation Commission, for the preparation and submission of Nutrient Management Plans. In particular, all such operations shall meet the standards established in the Nutrient Management Regulations pertaining to nutrient application, manure management, and manure storage facilities.

(2)    All applications to the Township for new or expanded concentrated animal feeding operations shall include the following information:

(a)    A detailed, written description of the type and size of operation being proposed.

(b)    A site plan illustrating the proposed location of all outdoor feedlots, animal confinement buildings, manure storage facilities, and manure application areas, and their relation to existing occupied dwellings (other than the owner’s residence).

(c)    A copy of the applicant’s Nutrient Management Plan, reviewed and approved by the Lycoming County Conservation District, the State Conservation Commission, or their designated agent.

(Ord. 3/13/1995, Article 4, §423; as amended by Ord. 2011-01, 1/3/2011, §1; and by Ord. 2016-05, 11/14/2016, §1)

§27-426 Camps, Cabins and Vacation Homes.

Camps, cabins or vacation homes may be permitted only in those zoning districts as specified in Part 3, the district regulations. Every such structure shall meet the requirements outlined below.

A.    For the purposes of this Chapter, camps, cabins or vacation homes shall be construed to mean permanent structures used only periodically during the year. Such use may include shelter during hunting and fishing seasons, private vacation and/or weekend or holiday uses, or other similar periodic visits at any time of the year.

B.    Every lot to be utilized for such use shall meet the minimum area and yard requirements set forth in the district regulations, Part 3.

C.    Every camp, cabin or vacation home shall be provided with adequate sewage disposal and water supply systems subject to the applicable rules and regulations of the Pennsylvania Department of Environmental Protection. Satisfactory evidence that all necessary permits of this type have been obtained shall be submitted as a part of an application for such a use. [Ord. 2004-1]

D.    A camp, cabin or vacation home shall not be converted to a permanent, full-time dwelling unit unless the same shall conform to all applicable Township codes and ordinances. Where seasonal structures are proposed for conversion to full-time occupancy, all foundation and gross floor area requirements contained in §27-404 must be met and adequate sewage and water supply systems must be provided.

E.    Where such uses are proposed to be located in a Flood Fringe or General Floodplain District, all requirements regarding floodproofing contained in Part 9 shall be met.

F.    No more than one permanent camp, cabin or vacation home shall be erected on an individual lot.

G.    No buses, trucks, or recreational vehicles are permitted as permanent camps, cabins or vacation homes. They may be used for temporary purposes for a period of time not exceeding 180 days in any calendar year.

(Ord. 3/13/1995, Article 4, §425; as amended by Ord. 2004-1, 3/8/2004)

§27-427 Campgrounds or Recreational Vehicle Parks.

Campgrounds or recreational vehicle parks may be permitted only in those zoning districts as specified in Part 3, the district regulations. Every proposed campground or recreational vehicle park must meet the requirements of the Wolf Township Subdivision and Land Development Ordinance [Chapter 22].

(Ord. 3/13/1995, Article 4, §426)

§27-428 Parks, Playgrounds or Recreation Areas.

If specific recreational facilities are not specified or regulated elsewhere in this Chapter, the following standards shall apply.

A.    All such uses shall meet the minimum area and yard requirements set forth in the district regulations, Part 3, for the district in which they are to be located.

B.    A plan showing the proposed facilities and/or design of the recreational facility shall be provided by the applicant with his application for the use.

C.    A statement shall be submitted by the applicant indicating the reasons why the proposed facility is appropriate for the district in which it is to be located.

D.    Off-street parking facilities shall be provided in accordance with the requirements of §27-1101 of this Chapter.

E.    Sewage disposal facilities shall be provided by the applicant in accordance with the standards of the Pennsylvania Department of Environmental Protection. [Ord. 2004-1]

F.    Arrangements for the collection, storage and disposal of all solid wastes generated by the facility shall be made by the applicant and submitted to the Township for approval as part of his application for the use.

G.    Outdoor security lighting shall be provided for the facility. Such lighting shall be installed and shielded however to eliminate direct glare on adjacent properties or upon public streets.

H.    All buildings, structures or active recreation activities shall be appropriately screened in accordance with the requirements of §27-507 of this Chapter and shall be set back at least 50 feet from all property lines. Where the proposed activity could create a potentially hazardous situation, such as a shooting range, additional precautions shall be taken by the applicant to ensure the safety of the public and such uses shall require conditional use approval from the Township Supervisors. In all such circumstances, the Supervisors shall review the precautions being proposed and shall determine their adequacy.

I.    The proposed hours, rules, and security arrangements for the facility shall be included with the application for any such use. Consideration shall be given not only to the convenience of the users, but the convenience, safety and welfare of the neighborhood or area in which the facility is to be located.

(Ord. 3/13/1995, Article 4, §427; as amended by Ord. 2004-1, 3/8/2004)

§27-429 Temporary Uses and Structures (See Also §27-430).

1.    Circuses, Carnivals or Open-Air Cultural, Religious, or Sporting Events. A temporary zoning permit may be issued by the Zoning Officer for a temporary use such as a carnival, circus or open-air cultural, religious, or sporting event in the A-R AgriculturalRural District. Such temporary permit shall be valid for no more than 14 days and shall be issued only after the applicant has met the following requirements: [Ord. 2011-01]

A.    If the temporary use is to take place on land not owned by the applicant, the applicant shall present a written statement from the owner of the property in which he agrees to the temporary use of his property.

B.    The applicant shall provide sufficient insurance coverage to adequately protect the Township against any damage, accident or other claim resulting from the event. Evidence of such insurance shall be submitted as a part of the permit application.

C.    The site of such temporary use shall not be left unattended by the applicant or agents of the applicant at any time during which the use is located on the site.

D.    Information concerning water supply and sewage disposal facilities to be used shall be presented by the applicant with assurance from the Pennsylvania Department of Environmental Protection that these arrangements are adequate. [Ord. 2004-1]

E.    Any solid waste generated by the temporary use shall be collected and disposed of in an acceptable fashion by the applicant.

F.    The applicant shall assure the Township that all vendors intending to dispense food or beverages to the public will be properly licensed or approved by the Pennsylvania Department of Health to do so.

G.    Assurance shall be given by the applicant to guarantee that there is adequate space to satisfy the parking demands that will be generated by the use and that adequate traffic control precautions will be taken.

H.    All wagons, tents, temporary structures, animals and any other materials brought to the site, as well as all debris or refuse generated by the event, shall be removed by the applicant within the time limit stated on the temporary permit and prior to vacating the site.

The Zoning Officer shall note on the temporary permit or attach to the permit application, information that demonstrates that the applicant has agreed to or complies with the requirements of this Section. The Zoning Officer shall inspect the site as necessary to ensure that the provisions of the permit are adhered to.

2.    Mobile Homes. Mobile homes providing temporary quarters, either for residential or construction use, may only be authorized for limited periods of time. When so authorized, such units shall be subject to the following standards:

A.    A temporary zoning permit shall be required, and when issued, shall indicate the specific period of time for which the authorization is granted. (See §27-1503.10.) [Ord. 2011-01]

B.    The Zoning Hearing Board may grant an extension to or renew the temporary permit for a longer period of time, if in their opinion the applicant encountered unforeseen circumstances in carrying out the operation for which the original temporary permit was issued; or if the permit covered residential use, the refusal of an extension would cause an undue hardship to the applicant.

C.    Information concerning water supply and sewage disposal facilities to be used shall be presented by the applicant as part of his zoning permit application, along with assurance from the Pennsylvania Department of Environmental Protection or Township Sewage Enforcement Officer that these arrangements are adequate. [Ord. 2011-01]

D.    All such mobile homes shall be removed from the site by the applicant upon expiration of the permit at no cost to the Township.

E.    Mobile homes shall not be placed in a designated Floodway District.

3.    Garage, Porch or Yard Sales. Owners or occupants of homes located throughout the Township may sell household personal property belonging to themselves at garage, porch or yard sales or similar occasional sales held only at their primary residence. An “occasional sale” is defined as no more than 2 items on display for sale at one time and shall not be displayed in excess of 30 days. No zoning permit shall be required for such sales, however all such activities shall meet the following standards:

A.    All such sales shall be limited to 2 per year per primary residence.

B.    Each sale shall not exceed 4 consecutive days or 2 successive weekends, unless otherwise stated.

C.    Individuals conducting such events shall comply with all sign regulations contained in Part 10 of this Chapter.

[Ord. 2011-01]

4.    Temporary/Storable Swimming Pools. Swimming pools of this type located in the Township shall not require a zoning permit but shall apply for a building permit and follow the appropriate section of the International Building Code. [Ord. 2011-01]

5.    Temporary Roadside Stands. Temporary roadside stands may be permitted in all districts, provided that the following criteria can be met:

A.    Temporary stands shall not exceed 400 square feet in size and shall be removed during the time when not in use for the sale or display of products.

B.    Temporary stands shall be located at least 25 feet from the edge of the adjoining street right-of-way and at least 50 feet from any intersection.

C.    Zoning permits shall be renewed annually for temporary roadside stands. There shall however be no charge for the renewal of these permits.

[Ord. 2011-01]

(Ord. 3/13/1995, Article 4, §433; as amended by Ord. 2004-1, 3/8/2004; by Ord. 2011-01, 1/3/2011, §1; by Ord. 2016-05, 11/14/2016, §1; and by Ord. 2018-02, 9/10/2018, §1(E))

§27-430 Temporary Uses in Floodplain Areas.

A temporary zoning permit may be issued for a temporary use such as a carnival, circus or open-air cultural or sporting event in any floodplain district. An applicant for such a temporary permit shall be subject to the standards of §27-429.1. In addition, if there is a threat of flooding or a flood warning is issued by the County flood warning system or National Weather Service, all wagons, tents, temporary structures, animals and other materials shall be removed completely from the 100-year floodplain. This shall be done promptly before the threat of flood becomes a reality.

(Ord. 3/13/1995, Article 4, §434; as amended by Ord. 2011-01, 1/3/2011, §1; and by Ord. 2018-02, 9/10/2018, §1(E))

§27-431 Docks, Piers and Other Water-related Uses.

Docks, piers, and other water-related uses may be permitted in or along the Muncy Creek in Wolf Township, as provided in the district regulations, but shall be subject to all applicable rules and regulations of the Federal Emergency Management Agency and the Pennsylvania State Fish and Boat Commission. In addition such uses must adhere to the following standards.

A.    Docks and all other water-related uses shall be installed so that they create no rise in the 100-year flood level. When there is a threat of a flood, docks shall be removed from the floodplain.

B.    Docks must be removed from the floodway by their owner during the off season.

C.    Docks shall extend no more than 10 feet into the creek and shall be located no closer than 150 feet to any other dock.

D.    No variance shall be granted to any of the requirements of this Section which would cause a rise in elevation of the 100-year flood or be contrary to the requirements of the National Flood Insurance Program.

(Ord. 3/13/1995, Article 4, §435)

§27-432 Windmills.

“Windmill” is defined as a single tower, situated on a lot to provide energy from a wind turbine source to an individual home, multifamily residential use, office or business and industrial and agricultural uses located on the same lot. Windmills that comply with the following requirements shall be permitted as an accessory use in A-R, R-S and R-U Zoning Districts.

A.    The applicant shall demonstrate all necessary Federal, State, County licenses; permits and approvals to operate the windmill have been received.

B.    The design of the windmill shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, DetNorske Veritas, Germanishcer Lloyd Wind Energies, and/or other similar certifying organizations.

C.    The windmill shall comply with the International Building Code.

D.    A windmill shall not be climbable up to 15 feet above the ground level. A windmill shall be fitted with any anti-climbing devices recommended by the windmill manufacturer for the type of installation proposed. All access doors to a windmill and electrical equipment shall be locked or fenced, as appropriate to prevent entry by nonauthorized persons.

E.    The maximum structure height of a windmill shall be 100 feet; provided, however, that such height may be increased by an additional 50 feet; provided, that a certified engineer expresses an opinion that the proposed windmill is designed and constructed in an safe and secure manner and does not pose a threat to the health, safety or welfare of the residents of the subject property or adjacent properties or the general public.

F.    The windmill is to operate on the same lot to serve the principal use.

G.    The blade of a windmill shall be located at least 30 feet above the adjacent ground.

H.    No signs or lights shall be mounted on a windmill except for any warning signs required by the International Building Code.

I.    A windmill shall be set back from any property line or street right-of-way a distance not less than the normal setback requirements for the relevant zoning district or 1.1 times the windmill structure height, whichever is greater. No windmill shall be located in the front yard. The setback distance shall be measured from the center of the windmill base.

J.    All equipment buildings shall comply with the yard, setback, height or other requirements and restrictions applicable to a principal structure located in the same zoning district.

K.    If a windmill remains unused for a period of 12 consecutive months, then the owner or landowner shall, at their expense, dismantle and remove the windmill within 6 months of the expiration of such 12-month period. The owner or landowner shall also comply with the following requirements:

(1)    The owner or landowner shall remove the windmill(s) and related buildings, cabling, electrical/mechanical equipment, foundations to a depth of 36 inches and other associated facilities.

(2)    Disturbed earth shall be graded and reseeded.

(3)    If the owner or landowner fails to remove the windmill and reclaim the site as required by this Section, then the Township may remove or cause the removal of the windmill and reclamation of the site. Any removal or reclamation cost incurred by the Township that is not recovered from the owner or landowner shall become a lien on the property where the removal or reclamation takes place and may be collected from the landowner.

(Ord. 3/13/1995; as added by Ord. 2010-02, 5/10/2010, §4; and amended by Ord. 2016-05, 11/14/2016, §1)

§27-433 Wind Energy Facility.

1.    An applicant may construct and operate a wind energy facility, subject to reasonable conditions and information to be provided during the application process that will protect the public health, safety and welfare of Township residents. These regulations apply to all new energy facilities proposed to be constructed after the effective date of this Section, except stand-alone wind turbines constructed as an accessory use in A-R, R-S and R-U Zoning Districts. Wind energy facilities are permissible to harvest wind as a natural resource. This use converts wind to energy as a source of power to provide electricity indirectly to the general public through the direct sale of wind-generated electricity to the power grid. This sale is made by privately owned and operated facilities and is considered a public service use.

2.    A site plan should be submitted with all applications for a wind energy facility. Specifications of this Chapter are as follows:

A.    General Matters.

(1)    A small location “key” map showing the subject parcel and illustrating its relationship to the nearest major street intersection and adjacent streets. This map may be drawn at an accurate scale of 1 inch equals 2,000 feet.

(2)    North arrow and accurate, graphic scale of drawings.

(3)    Title block including the name and address of the development and the developer, architect, engineer, or land surveyor seal; the date; and the date of all revisions.

(4)    Property lines, existing and proposed right-of-way lines, with metes and bounds (bearing and distances) indicated, and building or setback lines.

(5)    Existing and proposed easement lines and dimensions, with the owner’s name or a description of facilities located therein.

(6)    Location, size, dimensions, height, and setbacks of all existing and proposed structures and other improvements on the property including, but not limited to, buildings, existing and proposed parking areas, streets, walkways, drainage structures, utility poles, fences, retaining walls, including on-site sewage systems or private water supply systems, etc.

(7)    Ownership, land-use, and zoning of adjoining properties.

(8)    Submission of permits or other records, if required, proving that the proposed use is located on a legal lot.

(9)    Prior to issuance of the certificate of occupancy (CO), the applicant shall provide to the Township Zoning Officer evidence of permits and conditions to satisfy all applicable State and Federal agencies.

(10)    Design of all exterior signs, including location and size (both free-standing and attached signs) and illumination technique.

(11)    Location and intensity, in candlepower, of all exterior lighting, including height and spacing of all lighting standards.

(12)    Location of outside refuse collection areas and the type of screen to be provided.

(13)    Within a legend or title block, the following information:

(a)    Gross square footage of all building structures.

(b)    Type and size of all trees and shrubs used in landscaping of the site if not noted elsewhere on the plan.

(c)    Present zoning of the subject tract.

(d)    Open space per lot not occupied by buildings, structures, or paving.

(e)    A description of the general use for which any structure is intended and its size in square feet.

(f)    For nonresidential uses, the number of employees on the largest work shift; for places of assembly, the maximum capacity of the meeting or assembly space (if applicable).

B.    Drainage Matters.

(1)    All existing or proposed ponds, lakes, basins, rivers, streams, or other bodies of water, and their intended purpose (recreation, retention, etc.).

(2)    Existing and/or proposed storm sewers to serve the site.

(3)    When applicable, the nearest available sanitary sewer and an indication of the sanitary sewer district or sewer company to serve the project.

(4)    Existing and proposed major drainage facilities, such as culverts, channels, creeks, etc.

(5)    The limits of the floodway and 100-year floodplain (if applicable) from the FEMA floodplain maps.

(6)    Stormwater management and construction site erosion control plans.

(7)    Location of the ordinary high water mark of any abutting navigable waterways.

(8)    Location and elevation of existing or future access roads.

(9)    The elevation of the lowest floor of proposed buildings and any fill within the 100-year floodplain using National Geodetic Vertical Datum of 1929 (NGVD).

C.    Circulation, Parking, and Landscaping Matters.

(1)    The internal and peripheral vehicular circulation including:

(a)    Curb cuts required providing ingress and egress to and from adjacent streets.

(b)    The existing width and proposed widening of all existing adjacent streets and rights-of-way (including the number and width of lanes and any island or medians). Note that new easements and right-of-way dedications may be required in conjunction with the proposed development, and must be shown and dimensioned on the plan.

(c)    All the entrances on opposite sides of existing adjacent streets within the frontage of the development.

(d)    The width and location of all internal drives, aisles, parking and loading spaces.

(e)    The location of all islands and medians.

(f)    The location and dimensions of all existing and proposed curbs.

(2)    The number of parking and loading spaces.

(3)    The location of spaces to be used for outdoor vehicular and equipment storage, and the location of screening, existing and proposed.

(4)    All proposed deciduous and evergreen trees, ground cover, and other landscaping elements.

D.    Site Grading Matters.

(1)    Existing and proposed contours shall be referenced to U.S. Geological Survey data normally at 20-foot intervals for the subject property, extending at least 50 feet off site. Contour intervals at smaller intervals than the above may be required depending on the topography of the site. Existing contour lines shall be differentiated from that of proposed contour lines. A varied frequency of contours and/or spot elevations may be required.

(2)    A minimum of two cross sectional profiles (taken perpendicular to each other), showing proposed structures and proposed and existing grades through the center of the property. The Zoning Administrator may request additional profiles for large or unusually shaped tracts.

(3)    An erosion and sedimentation control plan is required for disturbance of steep slopes in excess of 2,000 square feet in accordance with §27-505.5 of this Chapter. The control plan shall be submitted to the Township Planning Commission for review and referral to the Lycoming County Conservation District. No land disturbance shall be permitted until the Conservation District has approved the erosion and sedimentation control plan.

E.    Proposed Activities.

(1)    In single-lot developments, approximate location of all buildings and other structures, as well as parking and loading areas, shall be indicated. In multiple lot developments, conceptual location and configuration of buildings, approximate locations of common ground areas, open space, major utility easements, and stormwater retention areas shall also be indicated.

(2)    Preliminary plan for sanitation and storm drainage facilities.

(3)    Proposed land uses, lot areas and dimensions, building sizes and heights, and setback distances.

(4)    Proposed landscaping, lighting, and screening plans.

(5)    Proposed development phasing schedule.

F.    Existing Natural Resources.

(1)    Approximate location of wooded areas on the tract.

(2)    Location on the site of all the natural resources and environmental hazard areas listed in Part 5 which would be affected by or have an impact on the proposed development.

G.    Supplemental Site Plan Information for Wind Energy Facility. Information submitted with the general site plan shall be further supplemented with the following:

(1)    A narrative describing the proposed wind energy facility, including an overview of the project; the approximate generating capacity of the facility; the proposed number of turbines, representative types, the range of heights of wind energy turbines (consisting of the tower base at finished grade, tower, nacelle, and blades) to be constructed. Information on the power generating capacity, respective manufacturers, and ancillary facilities shall be submitted with the application, to the extent then known.

(2)    The site plan shall include documents related to decommissioning as per paragraph .J.

(3)    The site plan shall show the road widths, weight-bearing capacity and type of road surface of all State, municipal and private roads to be used by truck and construction equipment traffic to and from the site. Also, the approximate weight and size of the vehicles used to construct the wind energy facility and for ongoing facility maintenance to be provided. An analysis by the applicant shall indicate the road improvements needed to accommodate the weight, girth and turning movements of vehicles and equipment to construct the wind energy facility. The applicant may voluntarily enter into an agreement with the municipality to upgrade the road to the applicable standards as may be needed during the use of existing roads. Access through a residential area shall be prohibited as the sole access.

H.    Environmental Impact Study. As part of the application, the applicant shall submit a community and environmental impact analysis conducted by parties mutually agreed upon by the applicant and the Township which shall contain the following information applicable to areas of land disturbance or as community-wide noted below. The community and environmental impact analysis may include a timeline for completion for the various items listed below with the understanding that completion must occur prior to issuance of the certificate of occupancy:

(1)    Hydrologic analysis of surface water and sub-surface water areas.

(2)    Geologic conditions in the context of sub-surface stability.

(3)    Soils classification.

(4)    Mineral bearing areas to be exposed by excavation.

(5)    Land use impacts in the context of the site and all adjacent land owners.

(6)    Transportation impacts.

(7)    Emergency and safety services needed and arrangements to provide such services.

(8)    Economic impact analysis, including impact upon agriculture, the housing market and the tourist industry.

(9)    Community impact analysis, in conformance with County and municipal comprehensive plans.

(10)    Locations of towers and areas of all construction and post construction disturbance in relation to natural resources attributes (e.g. natural diversity inventories, State designated natural areas); cultural resources attributes (e.g., Federal, State, and local, register of historic buildings and landmarks, or national landmark designation); archaeological attributes.

I.    Supplemental Controls. The following supplemental controls shall be adhered to:

(1)    Tower Safety. The use shall be in compliance with the International Building Code. All electrical components shall conform to all relevant and applicable local, State and national codes, and international standards. Design of the wind energy facility shall conform to applicable standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations prior to the issuance of the certificate of occupancy. Clearly visible warning signage concerning voltage must be placed at the base of all pad-mounted transformers and substations. Any guy wires to be installed must be clearly marked with flags, reflectors or other visual materials placed up to 10 feet from ground level. All access doors to wind towers and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons.

(2)    Operations. Operations shall meet all performance standards of this Chapter and all applicable local, State, and Federal regulations. Aircraft signal lighting is not permitted other than as required by the Federal Aviation Administration (FAA).

(3)    Height. The height of the complete structure and accessory structures are exempt from the height limits found in this Chapter.

(4)    Setbacks. Wind tower(s) shall be located a minimum setback distance, dependent upon the use of adjacent property, as follows:

(a)    Wind towers measured from the tower base shall be set back 1.5 times the tower height measured from any street right-of-way line of the nearest public road.

(b)    Wind towers measured from the tower base shall be set back from the nearest occupied building of any use, located on a participating landowner’s property, a distance not less than the dimension of 1.1 times the tower height. Any operator/occupied buildings used in connection with the development are exempt from this distance limit.

(c)    Wind towers measured from the tower base shall be set back from the nearest occupied building of any use, located on a non-participating landowner’s property, a distance not less than the dimension of 5 times the tower height.

(d)    Wind towers measured from the tower base shall be set back a distance equal to the blade length from the property line of publicly owned land.

(e)    Wind towers measured from the tower base shall be set back a distance of 1.5 times the tower height from the non-participating owner property lines.

(f)    There is no setback requirement for towers from participating property owner property lines.

(5)    Wind towers shall not be located within any mapped “scenic area” of adopted plan(s) above, or State designated natural or wild area.

(6)    Signal Interference. The applicant shall make reasonable efforts to avoid and/or mitigate any disruption or loss of radio, telephone, cellular phone, television or similar signals, and shall mitigate any harm caused by the wind energy facility in a timely manner.

(7)    Liability Insurance. There shall be maintained a current general liability policy adjusted annually to the rate of inflation covering bodily injury, property damage, and damage to any public use areas of land, watershed, or air with minimum limits of at least $1,000,000 per occurrence and $5,000,000 in aggregate. Certificates shall be submitted to the Township Zoning Administrator prior to the issuance of the certificate of occupancy.

(8)    Agreement with Wolf Township. An agreement between the applicant and the Township shall be provided to the Zoning Officer with the permit application which shall include, but is not limited to, the provision of improvements or funds to alleviate any undue burden on any public improvements, facilities such as emergency management, utilities, public water supplies, or services.

J.    Decommissioning. The wind energy facility owner and operator, their successors or assigns shall, at their expense, initiate decommissioning of the wind energy facility, or individual wind towers as appropriate, following a period of time exceeding 1 year during which the wind energy facility is in a non-operational status. Decommissioning will be initiated within 1 year after the end of the useful life of the facility or individual tower. A decommissioning plan is a component part of a decommissioning agreement between Wolf Township and the wind energy facility owner and operator, successors or assigns. The operator will maintain sufficient funds to address decommissioning expenses. The plan will be prepared by the operator and submitted as part of the zoning application and may include provisions for:

(1)    Removal of wind towers and foundation and any other associated facilities and structures.

(2)    Restoration of all disturbed earth with revegetation.

(3)    Restoration of access roads, unless to remain in use by the land owner.

(4)    Decommissioning Cost Estimate. Said estimate is to be submitted to the Zoning Officer prior to issuance of the certificate of occupancy and updated every fifth year thereafter.

(5)    A timeline for the operator, facility owner, or landowner to complete the decommissioning plan.

(6)    Establishment of acceptable security.

(7)    Decommissioning does not need to be initiated provided that the operator notifies the Zoning Officer when the facility or individual towers(s) is off-line for a period of 1 year or longer due to technology and equipment factors, and unforeseen events beyond the control of the operator, the abandonment period of 1 year shall be applied to the facility or individual tower(s) not producing electricity during the 1-year period.

K.    Permits.

(1)    Refer to the §27-1503. The above criteria and the following are to apply to the use permitted by right category in respective zoning districts from the Table of Uses.

(2)    The Zoning Officer shall determine whether the application is complete and advise the applicant accordingly, within 30 days of receipt of application submission. Pre-application submission conference(s) are encouraged due to the level of development on a large geographic scale.

(3)    Upon receipt of a complete permit application, the Zoning Officer has not more than 75 days to approve or deny the application.

(4)    As a use permitted by right, the wind energy facility is determined consistent with the adopted Comprehensive Plan for the Muncy Creek Planning Area.

(5)    The applicant shall be a signatory to the Pennsylvania Game Commission standard agreement for wind energy facilities at the time of application.

(6)    Notice of a complete permit submittal shall be given via mail delivery for the benefit of public information by the Zoning Officer to adjoining property owners. Any other permit submission leading up to a complete application submission such as a temporary permit issued for any meteorological data gathering tower, shall include notice of the permit provided to Wolf Township and acknowledgment that the applicant is on notice that the proposed use is public information. The wind energy facility applicant must provide a public information contact person that may be reached during normal business hours by the public upon the submission of any zoning/development permit application.

(Ord. 3/13/1995; as added by Ord. 2010-02, 5/10/2010, §8; and amended by Ord. 2016-05, 11/14/2016, §1)

§27-434 No-Impact Home-Based Business.

No-impact home-based businesses shall be permitted in all residential zones of the Township as a use permitted by right, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, by-law or other document applicable to a common interest ownership community. The business or commercial activity must satisfy the following requirements:

A.    The business activity shall be compatible with the residential use of the property and surrounding residential uses.

B.    The business shall employ no employees other than family members residing in the dwelling.

C.    There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

D.    There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.

E.    The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

F.    The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

G.    The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H.    The business may not involve any illegal activity.

(Ord. 3/13/1995; as added by Ord. 2010-02, 5/10/2010, §9)

§27-435 Hotels, Motels and Transient Lodging Facilities.

For purposes of this Chapter, hotels, motels or transient lodging facilities may be permitted only in those zoning districts as specified in the district regulations, Part 3. All applications for such activities shall meet the requirements outlined below:

A.    The lot upon which the hotel, motel or transient lodging facility is situated shall meet the minimum area requirements established in the general commercial district regulations (see §27-306) or industrial district regulations (see §27-307).

B.    Hotels, motels and transient lodging facilities shall be connected to public sewage and public water facilities.

C.    The off-street parking requirements set forth in Part 11 and all other applicable standards of that Chapter shall be met.

D.    Where adjacent land use dictates, adequate buffer yards and or screen planting shall be provided in accordance with §§27-506 and 27-507 of this Chapter.

(Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011, §1; and as amended by Ord. 2013-01, 6/10/2013)

§27-436 Hazardous Materials Operation.

In addition to the requirements for conditional use approval in §27-1402 the application for conditional use approval for a hazardous materials operations shall include the information required herein. The application shall be deemed incomplete until all required information is provided.

A.    A detailed written description of the hazardous materials operation.

B.    A written hazardous substance inventory which must be updated on a yearly basis.

C.    A written management plan that will be in place for the duration of the hazardous substance use, to include the, handling, storage, disposal and/or manufacture of the substance.

D.    Written proof that the surrounding properties can be reasonably protected from the flammable, explosive, toxic, corrosive or other potentially damaging characteristics of the hazardous substances through appropriate buffering restrictions which may exceed the set back requirements required by Chapter 27.

E.    A detailed safety and emergency response plan.

F.    Proof of reasonable liability insurance coverage, based on the typical insurance coverage of similar facilities.

G.    Proof of compliance with all Federal, State, and local laws, regulations and ordinances including copies of any permits or applications to any other government agency.

H.    Such other information as requested by the Township Zoning Officer or Board of Supervisors.

(Ord. 3/13/1995; as added by Ord. 2011-03, 4/11/2011, §5)

§27-437 Neighborhood Commercial Activities.

Neighborhood commercial activities shall include retail stores, shops, or establishments designed to provide service to a limited neighborhood area, including convenience stores, general stores, antique or gift shops, equipment repair facilities, drug stores, florist shops, antique shops, variety shops, personal service businesses or similar types of facilities. In addition, every proposed neighborhood commercial activity must meet the standards set forth in the Wolf Township Subdivision and Land Development Ordinance [Chapter 22].

A.    Applications for neighborhood commercial activities shall include the following information:

(1)    A sketch plan.

(a)    Show the tract of ground on which the use is proposed and the location of all buildings or structures existing or to be situated on the site.

(b)    Location showing access to the proposed establishment.

(c)    Show the number of off-street parking spaces required by this Chapter (§27-1101) will be provided.

(d)    Screen planting as required by this Chapter (§27-507) will be provided.

(2)    Proof of adequate sewage disposal facilities and a safe water supply will be provided.

(3)    A driveway permit or highway occupancy permit to access the proposed establishment approved by the Township or PennDOT.

(4)    Agreement for the collection, storage and disposal of solid wastes generated by the commercial use.

(5)    Zoning permit for all signs used to advertise such facilities that meet the requirements of Part 10 of this Chapter.

(6)    A written description stating that the use will not have a detrimental effect on the character of the area or neighborhood where it is proposed to be located. The description should include the type of business, hours of operation, number of employees, proposed clientele and any other information that is pertinent.

(7)    In the case of a conditional use hearing for a residential district, the Township will give written notice to adjacent property owners within 300 feet of the nearest line of the property for which the conditional use is sought at least 7 days prior to the hearing.

B.    No perpetual outside displays or retail sales shall be permitted for approved commercial uses, except where such display is a necessary part of the use, and no merchandise shall be placed on a sidewalk or yard except as part of a periodic sale.

C.    Outside, unenclosed storage associated with an approved principal use shall meet the requirements set forth in §27-602 of this Chapter.

(Ord. 3/13/1995; as added by Ord. 2013-01, 6/10/2013)

§27-438 Medical Marijuana Dispensaries.

A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school, child care facility, park or playground. A dispensary may not operate on the same site as a facility used for growing and processing medical marijuana. A dispensary shall meet the same municipal zoning and land use (§22-504) requirements as other retail establishments (§27-415). In addition to the requirements for conditional use approval in §27-1402 the application for conditional use approval for a medical marijuana dispensary shall include the information required herein. The application shall be deemed incomplete until all required information is provided.

A.    An administratively complete zoning application with a detailed written description of the medical marijuana dispensary.

B.    A copy of the license with the Department of Health of the Commonwealth as required under the act of July 19, 1979 (P.L. 130, No. 48), known as the “Health Care Facilities Act.”

C.    A written management plan that will be in place for the duration of the medical marijuana dispensary’s existence, to include the handling, storage, and/or disposal of the substance.

D.    A detailed safety and emergency response plan.

E.    Proof of reasonable liability insurance coverage, based on the typical insurance coverage of similar facilities.

F.    Proof of compliance with all Federal, State, and local laws, regulations and ordinances including copies of any permits or applications to any other government agency.

G.    Supply proof of registration with the Emergency Management Coordinator of Wolf Township.

H.    Such other information as requested by the Township Zoning Officer or Board of Supervisors.

I.    A dispensary may only dispense medical marijuana in an indoor, enclosed, secure facility located within this Commonwealth, as determined by the Department of Health of the Commonwealth.

(Ord. 2017-01, 7/10/2017, § 5)

§27-439 Medical Marijuana Growers/Processors.

Medical marijuana growers/processors may not be located within 1,000 feet of the property line of a public, private or parochial school, child care facility, park or playground. A dispensary may not operate on the same site as a facility used for growing and processing medical marijuana. A grower/processor shall meet the same municipal zoning and land use (§22-505) requirements as other light industrial and manufacturing uses (§27-421). In addition to the requirements for conditional use approval in §27-1402 the application for conditional use approval for a medical marijuana grower/processor shall include the information required herein. The application shall be deemed incomplete until all required information is provided.

A.    An administratively complete zoning application with a detailed written description of the medical marijuana grower’s/processor’s facility.

B.    A copy of the license with the Department of Health of the Commonwealth as required under the act of July 19, 1979 (P.L. 130, No. 48), known as the “Health Care Facilities Act.”

C.    A written management plan that will be in place for the duration of the medical marijuana grower’s/processor’s existence, to include the handling, storage, and/or disposal of the substance.

D.    A detailed safety and emergency response plan.

E.    Proof of reasonable liability insurance coverage, based on the typical insurance coverage of similar facilities.

F.    Proof of compliance with all Federal, State, and local laws, regulations and ordinances including copies of any permits or applications to any other government agency.

G.    Supply proof of registration with the Emergency Management Coordinator of Wolf Township.

H.    Such other information as requested by the Township Zoning Officer or Board of Supervisors.

I.    A growers/processors facility shall follow all security measures of the Commonwealth, as determined by the Department of Health of the Commonwealth.

(Ord. 2017-01, 7/10/2017, § 5)

§27-440 Cemetery.

Section 1536 of the Second Class Township Code authorizes the Board of Supervisors to make rules and regulations regarding the location, operation, and maintenance of cemeteries in the Township. Human burial is prohibited on private property and is only permitted in established cemeteries governed by the Cemetery Law, 9 P.S.

A.    Minimum lot area: 10 acres.

B.    No more than 10% of the lot area, to a maximum of 5 acres, may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administrative offices, chapels, maintenance facilities and the like. This restriction includes parking facilities.

C.    No building or structure shall be located within 50 feet of a property line or street line.

D.    One single-family detached dwelling for a full-time caretaker shall be permitted.

(Ord. 2018-02, 9/10/2018, §1(E))

§27-441 Waste and Air Polluting Facilities.

Waste and air polluting facilities are permitted only in those districts as specified in the district regulations, Part 3. Waste facilities shall be subject to all applicable requirements of the Pennsylvania Department of Environmental Protection (25 Pa.Code, Chapters 271-299, relating to municipal and residual waste regulations, or as may hereafter be amended). “Air polluting facilities” is any commercial or industrial facility requiring any sort of permit under the Pennsylvania Air Pollution Control Act, or the Federal Clean Air Act, for the release of contaminants to the air. Facilities shall not be defined as “air polluting facilities” solely due to the use (or proposed use) of combustion systems used only to heat the air and/or water in the facility’s buildings.

A.    No person or entity shall maintain, erect, construct, utilize or operate any waste facility or air polluting facility within 300 yards of any residential, educational, or recreational property located within the Township of Wolf.

B.    The applicant shall prepare and show the ability to comply with an odor abatement plan for all buildings, structures and outdoor compounds. Recognition must be given that certain uses and activities produce odors, but the applicant shall show that odors can be reduced to a minimum or abated. The abatement plan shall show that steps will be taken as may be necessary to abate odors or to allow odors at times that there would be minimal interference with neighbors.

C.    The applicant shall dispose of solid and liquid waste in the manner that will avoid creating insect or rodent problems or public nuisance.

D.    The applicant shall show that they can meet the standards and guidelines as may be set forth in treatises of best management practices of the use in the business and industry recognized by appropriate authorities or as the same may be produced by the Pennsylvania Department of Agriculture, Pennsylvania Department of Environmental Protection, or similar entities. Site suitability assessment as provided by the above shall be submitted with this application.

E.    Applicants shall follow the requirements set forth in the Wolf Township Municipal Solid Waste Ordinance (Chapter 20).

(Ord. 2018-02, 9/10/2018, §1(E))