LACKAWAXEN TOWNSHIP PIKE COUNTY

LACKAWAXEN TOWNSHIP PIKE COUNTY ZONING ORDINANCE

ORDAINING CLAUSE

BE IT HEREBY ORDAINED AND ENACTED by the Board of Township Supervisors of the Township of Lackawaxen, Pike County, by authority of and pursuant to the provisions of Articles VI through X of Act No. 247 of the General Assembly of the Commonwealth of Pennsylvania, approved July 31, 1968, known and cited as the "Pennsylvania Municipalities Planning Code," and any amendments and supplements thereto, as fol1ows:

ARTICLE I - GENERAL PROVISIONS

100 Repealer.

This Zoning Ordinance, as adopted herein and as may be duly amended by the Township Board of Supervisors, shall repeal and replace in total the Lackawaxen Township Zoning Ordinance of October 27, 1978, as amended.

101 Title

AN ORDINANCE PERMITTING, PROHIBITING, REGULATING, RESTRICTING, AND DETERMINING THE USES OF LAND, WATERCOURSES, AND OTHER BODIES OF WATER; THE SIZE, HEIGHT, BULK, LOCATION, ERECTION, CONSTRUCTION, REPAIR, MAINTENANCE, ALTERATION, RAZING, REMOVAL AND USE OF STRUCTURES; THE AREAS AND DIMENSIONS OF LAND AND BODIES OF WATER TO BE OCCUPIED BY USES AND STRUCTURES AS WELL AS COURTS, YARDS, AND OTHER OPEN SPACES AND DISTANCES TO BE LEFT UNOCCUPIED BY USES AND STRUCTURES: THE DENSITY OF POPULATION AND INTENSITY OF USE; CREATING ZONING DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF; AUTHORIZING THE APPOINTMENT OF A ZONING OFFICER; CREATING A ZONING HEARING BOARD; AND PROVIDING FOR THE ADMINISTRATION, AMENDMENT, AND ENFORCEMENT OF THE ORDINANCE, INCLUDING THE IMPOSITION OF PENALTIES.

102 Short Title

This Ordinance shall be known and may be cited as the "Lackawaxen Township Zoning Ordinance."

103 Purpose

This Ordinance is adopted in accordance with an overall land use control program and with consideration for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures.

This Ordinance is enacted for the following purposes:

A. To promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare; coordinated and practical community development; density of population; civil defense and disaster evacuation, airports, and national defense facilities; the provisions of adequate light and air; police protection; vehicle parking and loading space; transportation; natural resources, agricultural land and uses; reliable, safe and adequate water supplies; safe and adequate sewage disposal, schools, public grounds and other public requirements and other purposes set forth in the Pennsylvania Municipalities Planning Code.

104

B. To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.

In interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of health, safety, morals, and the general welfare of the Township and its citizens. This ordinance is not intended to interfere with or abrogate or annul any rules or regulations previously adopted or permits previously issued by the Township which are not in conflict with any provisions of this Ordinance, nor is this Ordinance intended to interfere with or abrogate or annul any easements, covenants, building restrictions, or other agreements between parties; provided, however, that where this Ordinance imposes a greater restriction upon the use of the buildings or premises or upon the height of the building, or requires a larger open space than is imposed or required by such ordinance, rules, regulations or permits, or by easements, covenants, building restrictions or agreements, the provisions of this Ordinance shall control.

ARTICLE II - COMMUNITY DEVELOPMENT OBJECTIVES

201 Community Development Objectives

This Zoning Ordinance has been adopted in part to assist in implementing the Lackawaxen Township Comprehensive Plan. The Community Development Objectives supplement the Goals and Objectives in the Comprehensive Plan and include, but are not limited to the following:

A. To insure that the land uses of the community are logically situated in

relation to one another.

B. To provide adequate space for each type of development in the community so as

to avoid overcrowding of land.

C. To provide for the control of development density in each neighborhood so that

the populace can be serviced adequately by such facilities as streets, schools, recreation, and utilities systems.

D. To protect existing property by requiring that development afford adequate

light, air, and privacy for persons living and working within the municipality.

E. To facilitate the efficient movement of traffic.

F. To secure the preservation and prudent use of natural resources.

G. To strive for a variety in housing types.

H. To provide for equal opportunities in all facets of community living.

I. To strive for coordination between policies, plans, and programs in the

community through cooperation among governing officials, community interest groups, and the general populace.

J. To spur economic advances and provide an economic climate which would provide an opportunity for all men and women who are capable of working.

ARTICLE III - DEFINITIONS

For the purpose of this Ordinance, the following words, terms and phrases have the meaning herein indicated:

Access Area: A property used as an area of entry to a stream or other body of water for the purpose of launching or landing of watercraft. The access area may also include ancillary services or facilities such as base operations for watercraft rentals and may be operated as a private business.

Accessory Use or Structure: A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

Adult Stores: A use of a building or land for a business which has obscene materials as a significant portion of its stock-in-trade or involves the sale, lease, trade, gift or display of drug paraphernalia. Obscene materials include any literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other written or recorded matter which depicts or describes, sexual conduct and which, taken as a whole, does not have serious literary, artistic, political or scientific value. Drug paraphernalia includes any objects, devices, instruments, apparatus or contrivances, whose primary and traditionally exclusive use is involved with the illegal use of any and all controlled substances under the Pennsylvania statutes.

Agricultural Use: The use of any parcel of land containing ten (10) or more acres for economic gain in the raising of agricultural products, livestock, poultry and/or dairy products. It includes necessary structures within the limits of the parcel and the storage of equipment necessary for production. It excludes the raising of fur bearing animals, riding academies, livery or boarding stables and dog kennels; and excluding the disposal or use of sludge, septage or similar waste products.

Agriculture Products Processing: An industry that involves the processing of raw agricultural products; and transforming those products into a more refined, prepared or marketable state. Includes, but is not limited to, such uses as sawmills, dairies and food canning and freezing operations.

Agriculture Service Establishment: Establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticultural services, veterinary and other animal services and farm labor and management services, and farm machinery dealers.

Alterations: As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

Amusement Park: A commercially operated park or facility with various devices for entertainment including but not limited to rides, games, electronic games and similar devices, food stands and other associated facilities.

Animal Hospital: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

Animal Husbandry: The keeping of any livestock including dairy animals, swine or sheep. The keeping of more than one saddle horse or the keeping of any other animals for the purposes of obtaining eggs, fur, meat or milk shall also be considered animal husbandry.

Antique Auto: A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which has been maintained in or restored to a condition which is substantially in conformance with manufacturer specifications and which is currently licensed by a State Department of Transportation.

Antique Shop: A retail establishment contained entirely within a building where works of art, furniture, decorative and collectable objects, relics and other objects made at an earlier period than the present (at least thirty [30] years prior to the sale of the item) are sold to the general public. The sales display area of an antique shop shall not exceed nine-hundred (900) square feet in floor area, and any such shop which exceeds said area shall be considered a retail business for the purposes of this Ordinance. An antique shop shall not include any establishment where new or used consumer products of recent origin are sold, any establishment which includes the stripping or refinishing of any item, any wholesale sales, flea markets where more than one vendor displays objects for sale, any outdoor sales, or any establishment where a public auction is conducted.

Applicant: See "Person"

Average Gross Residential Density: The number of dwelling units per acre in a planned residential community, computed by dividing the number of dwelling units which the applicant proposes to construct by the total acreage of the development excluding land occupied by rights-of-way. Other lands set aside for public use, shall be included in the computation. Bodies of water over five (5) acres in size shall not be included.

Bed and Breakfast: Any dwelling in which more than three persons either individually or as families are housed or lodged for hire with meals normally included as a part of the services rendered.

Bluffline: The point at which the plane which constitutes the side of the Delaware River valley intersects with the plane of the plateau adjacent to the River valley, often resulting in a broad precipice or cliff face overlooking the River.

Boarding or Lodging House: Any dwelling in which more than three persons either individually or as families are housed or lodged for hire with meals normally but not necessarily included as a part of the services rendered.

Building: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, services, goods or materials of any kind or nature.

Building Height: The vertical distance measured from the average elevation of the finished grade at the building or structure to the highest part of the building or structure, excluding chimneys.

Building, Principal: A building in which is conducted the main or principal use of the lot on which said building is situated.

Bus Terminal: An area and/or building where buses are stored or parked on a regular basis with or without bus maintenance and repair facilities.

Campground or Recreational Vehicle (RV) Park: See Recreational Subdivision or Land Development.

Canoe Livery: A business or facility for the leasing or renting of any type of watercraft or waterborne vessel for outdoor water based recreation.

Car Wash: Any building or premises or portions thereof used for washing automobiles for commercial purposes.

Child Care Center: Any establishment enrolling four or more children five (5) years of age or younger and where tuition, fees, or other forms of compensation for the care of the children is charged.

Church: A building used for public worship.

Clearcutting: The removal from a forested tract of land of substantially all trees, for other than agricultural, approved wildlife management practices or other use approved in accord with this Ordinance.

Clear Sight Triangle: An area of unobstructed vision at a street intersection(s), defined by lines of sight between points at a given distance from the intersecting street right-of-way lines.

Club/Lodge, Private: An establishment operated for social, athletic, recreational or educational purposes but open only to members and not generally open to the general public.

Cluster Development: A form of development for single-family residential development that permits a reduction in lot area and certain development standards, provided unit densities permitted under a conventional subdivision are maintained and the resultant land area is devoted to common open space.

Commission: The Planning Commission of Lackawaxen Township

Comprehensive Plan: The Lackawaxen Township Comprehensive Plan including all maps, charts and textual matter.

Conditional Use: A use which is not appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and factors prescribed for such cases within this Ordinance are present. Conditional uses are allowed or denied by the Township Board of Supervisors after recommendations by the Planning Commission.

Construction: The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes.

Convenience Store: A one-story, retail store designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"), it may also include the sale of gasoline but shall not include the repair or service of vehicles.

Corral: An enclosure for confining livestock and which is typically attached to or situated in close proximity to a stable or barn; as contrasted to a pasture.

Country Club: A recreational property owned and managed by membership organization and including recreational facilities, restaurant and meeting rooms.

Deck: An elevated (more than 6 inches) attached accessory structure constructed of wood with no walls or roof. As an attached accessory structure, it must meet the required setbacks for the principle building.

Developer: Any landowner, agent of such owner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.

Development Plan: A proposal for a planned residential development, prepared in accordance with this Ordinance and the Township Subdivision Ordinance, including a plat of the subdivision, locations of various uses, and all covenants relating to uses, locations and sizes of buildings and other structures, intensity of use or density of development, streets, ways, and parking facilities, common open spaces and public facilities.

Dwelling: A structure or portion thereof which is used exclusively for human habitation.

Dwelling Unit: One (1) or more rooms in a dwelling structure, including a kitchen, sleeping facilities, bath and toilet, designed as a household unit for extended periods of occupancy for living and sleeping purposes by not more than one (1) family at a time.

Dwelling, Multi-family: A building or buildings designed for occupancy by three (3) or more families living independently of each other in separate dwelling units. The term "multi-family dwelling" shall include condominium as well as non-condominium housing units including the following construction types:

A. Residential Conversion to Apartments - Conversion of an existing single-family detached dwelling into three (3) to five (5) dwelling units and not exceeding two and one-half (2 1/2) stories in height.

B.Garden Apartment. Multi-family dwellings originally designed as such; containing three or more dwelling units and not exceeding two and one-half (2 1/2) stories in height, not including townhouses.

C.Townhouse. Multi-family dwelling of three (3) or more dwelling units of no more than two and one-half (2 1/2) stories in height in which each unit has its own front and rear accesses to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire resistant walls.

D. Apartment Building. Multi-family dwellings of more than two and one half (2 1/2) stories but not exceeding the height limitations (in feet) of this Ordinance.

Dwelling, Single-Family: A dwelling unit detached from any other dwelling unit accommodating a single family and having two (2) side yards.

Dwelling, Two-Family: Dwelling accommodating two families either with units which

are attached side by side through the use of a party wall, and having

one side yard adjacent to each dwelling unit; or upstairs/downstairs units.

Essential Services: Public utility facilities that do not require enclosure in a building, including the construction or maintenance, of gas, electrical, steam, telephone, sewage treatment plants and collection systems, or water distribution systems; including equipment such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment.

Family: Either an individual, or two or more persons related by blood or marriage or adoption or up to five (5) unrelated persons living together as a household in a dwelling unit.

Farm Residence: A single family dwelling associated and on the same parcel with an agricultural use, the occupants of which are members of the immediate family (mother/father, sister/brother, daughter/son) owning the agricultural use or are fully employed by the agricultural use; and such dwelling is not rented or otherwise used for non-agricultural, income producing purposes.

Farm Stand: A booth or stall on a farm and from which produce and farm products are sold to the general public and operated by the owner of the property.

Fast Food/Drive Through Restaurant: An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off-premises and which may include facilities that enable customers to obtain food while remaining in their vehicles.

Flood: A temporary inundation of normally dry land areas.

Floodplain area: A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway: The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this Ordinance, the floodway shall be capable of accommodating a flood of the one hundred (100) year magnitude.

Forestry Enterprises: Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or in performing forest services including the operation of a sawmill but excluding other wood manufacturing businesses.

Garage, Private Parking: A building or portion thereof used only for the storage of automobiles by the families resident upon the premises or by individuals residing in the immediate vicinity of such storage facilities.

Garage, Public Parking: A structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of vehicles.

Garden Center, Retail: A retail establishment engaged in the sale of ornamental trees, shrubs and plants and supplies for gardening and landscaping.

Gasoline Service Station: A structure, building, or area of land or any portion thereof that is used for the sale of gasoline and oil or any other motor vehicle fuel and/or other lubricating substance, which may or may not include facilities for lubricating, washing, sale of accessories, and otherwise servicing motor vehicles, but not including the painting and/or body work thereof. Any business or industry dispensing gasoline and servicing vehicles only for its own use will not be deemed to be a gasoline service station.

Golf Course: A tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include clubhouses; but does not include miniature golf courses or golf ball driving ranges.

Cross Floor Area: The sum of the total horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for vehicles, or any space where the floor-to-ceiling height is less than six feet.

Group Care Facility: A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household. Any facility housing six or more individuals, including staff, shall be considered a health facility.

Group Family Household: A group of not more than six individuals including staff, not related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

Health Facilities: Establishments primarily engaged in providing services for human health maintenance including hospital facilities, nursing and adult homes, personal care facilities and medical clinics and offices whether publicly or privately operated.

Home Occupation: Any use customarily conducted entirely within a dwelling and carried on by the inhabitants residing in the dwelling, providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling, and no goods are publicly displayed on the premises other than a sign as regulated by this Ordinance; and may include professional practice of medicine, dentistry, architecture, law and engineering, artists, beauticians, barbers, and veterinarians, and similar types of uses, excluding stables, kennels or motor vehicle or small engine repair shops. (See also Section 503.2 and 536.8).

Horse: Any animal of the horse family or resembling a horse including horses, mules and donkeys.

Hospital: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hotel: A facility offering temporary (generally for periods of two weeks or less) lodging accommodations to the general public, typically on the basis of daily or weekly rentals, and providing additional services such as restaurants, meeting rooms and recreational facilities.

Hotel, Small: A building, in which (a) lodging or boarding are provided and offered to the public for compensation, (b) ingress and egress to and from all rooms are made through an inside lobby, (c) includes, but is not limited to, country inns and youth hostels, and (d) meets the following conditions: (1) does not exceed twelve rental units in size, and (2) is compatible with the natural and scenic characteristics for which the Delaware River Corridor (DRC) District was designated.

Housekeeping Cottages: Small detached dwelling units rented out for occasional use on a daily, weekly or monthly basis.

Industrial Park: A tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.

Institutional Use: Any land use, generally serving no less than twenty-five (25) persons at one time, for the following public or private purposes: educational facilities, including universities, colleges, elementary, secondary and vocational schools, kindergartens and nurseries, cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; military facilities; law enforcement facilities; and other similar facilities.

Junk: Any scrap, waste, reclaimable material or debris, vehicles or parts thereof, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or disposition.

Junk Yard: An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to, waste paper, rags, metal, building materials, house furnishings, machines, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The outside storage or deposit on a lot of two (2) or more vehicles which do not have current licenses and/or two (2) or more inoperable vehicles shall be considered a junk yard. Agricultural vehicles such as tractors, mowers, etc., which are utilized as part of an active on-going farming operation and contractors construction equipment actively used for part of the operation shall be exempt from this provision. Automobile sales lots managed by licensed automobile dealers and storage areas for antique autos shall be also exempt from this provision.

Kennel: The keeping of four (4) or more dogs or other animal, domestic or otheriwse, that are more than six (6) months of age, but not including agriculture.

Land Development: Any of the following activities:

A. The improvement of one lot or two or more contiguous lots, tracts or parcels

of land for any purpose involving:

1. a group of two or more residential or nonresidential buildings, whether

proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

2. The division or allocation of land or space, whether initially or

cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

B. A subdivision of land.

C. Development in accord with Section 503 (1.1) of the Pennsylvania

Municipalities Planning Code.

Landowner: The legal or beneficial owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of a landowner, or other persons having a proprietary interest in land, shall be deemed to be landowners for the purpose of this Ordinance.

Living Space: The sum of the areas of the several floors of a dwelling unit used for human occupancy and including finished basements and attics as measured from the interior faces of the walls. It dopes not include cellars, crawl spaces, unenclosed porches, attics not used for human occupancy, nor any floor space in an accessory building or in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this Ordinance.

Lot: Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Ordinance, having not less than the minimum area and width required by this Ordinance, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a zoning permit for a building on such land.

Lot Area: The total number of square feet in the lot less any area included in any rights-of-way affecting the lot.

Lot, Corner: A lot situated at and abutting the intersection of two (2) streets having an interior angle of intersection not greater than one hundred thirty-five (135) degrees.

Lot Coverage: That portion or percentage of the lot area which is covered by buildings, roads, driveways, walkways, parking areas, or impervious surfaces including, but not limited to, pavement.

Lot Depth: The average horizontal distance between the front lot line and the rear lot line.

Lot Line, Front: The property line separating the lot from a street.

Lot Line, Rear: The lot line opposite and most distant from the front lot line.

Lot Line, Side: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.

Lot Width: The average of the width of a lot at the building setback line and the rear lot line.

Manufactured Home: A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, which arrives at a site complete and ready for installation except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation; including, but not limited to mobile homes and modular homes.

Manufacturing: Establishments meeting the performance standards of this Ordinance and which are engaged in assembly from components, fabrication of products, textile and clothing manufacturing, mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. This definition includes "light manufacturing" and "heavy manufacturing."

Manufacturing, Heavy: Establishments meeting the performance standards of this Ordinance, generally involve extensive buildings, outdoor production or storage, and ancillary transportation modes, and which are engaged in the basic mechanical, chemical or other transformation of extracted or raw materials or substances into new products or materials, including, but not limited to, the assembly of component parts, the manufacturing or transformation of products for use by other manufactures, the blending of materials such as lubricating oils, plastics, resins or liquors, other basic industrial processes, and any facility involving processes resulting in the storage of hazardous materials or the generation of large volumes of waste by-products or hazardous waste products, or involving other environmentally regulated processes.

Manufacturing, Light: Facilities meeting the performance standards of this Ordinance and which are fully enclosed in a building and involve generally unobtrusive processes not resulting in the storage of hazardous materials or the generation of hazardous waste products, or other environmentally regulated processes. Uses producing products predominately from previously prepared materials, finished products and parts, including, but not limited to, research, engineering or testing laboratories, assembly from components, fabrication of products, textile and clothing manufacturing, warehousing, distribution centers, furniture or other wood products production and the like, but excluding basic industrial processing.

Medical Clinic: An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.

Mini-Warehouse Facility: A building or buildings containing separated spaces to be leased or rented to individuals and/or business for the storage of personal belongings, goods or supplies.

Minor repair: The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep. Any repair except the removal and reconstruction of any exterior portion or part of the structure or any increase in size of the structure.

Mobile Home: A transportable, single family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

Mobile Home Lot: Land occupied or to be occupied by a mobile home in a mobile home park, improved with the necessary utility connections and other appurtenances; and, said lot being specifically designated by diversion from other lots in the mobile home park.

Mobile Home Park: A parcel or contiguous parcels of land under single ownership which has been planned and improved for the placement of two (2) or more mobile homes.

Model Home: A residential structure associated with a principal permitted commercial use and not intended for permanent occupancy; and used solely for demonstration

purposes to inform potential purchasers of the types of homes available from the seller.

Motel: A facility offering temporary (generally for periods of two weeks or less) lodging accommodations to the general public, typically on the basis of daily or weekly rentals, with at least 25% of the rooms having direct access to the outside.

Motel, Small: A building or group of buildings, which (a) contains living or sleeping accommodations used primarily for transient occupancy, and (b) has individual entrances from outside the building to serve such living and sleeping, and (c) meets the following conditions: (1) does not exceed twelve rental units in size, and (2) is compatible with the natural and scenic characteristics for which the Delaware River Corridor (DRC) District was designated.

Multi-family Project: Any development of single parcel of property that includes two (2) or more buildings containing two (2) or more dwelling units; and that includes common open space and facilities.

Multiple Occupant Commercial Building: A building containing two (2) or more independent, non-residential uses; such uses also being permitted in the District where the multiple occupant building is proposed.

Natural Resource Use: The removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water, land, on or beneath the surface thereof; said substances including but not limited to coal, limestone, shale, dolomite, sandstone, sand, clay, gravel, rock, stone, earth, peat, soil, ore or other mineral.

Natural Resource Use, Minor: A natural resource use with an open face of two (2) acres or less, and which will not result in a total disturbed area of more than five (5) acres.

Natural Resources Processing: The refinement of minerals to specifications for sale including the crushing, screening, washing or grading of minerals; and may also include the use of minerals in any manufacturing process such as, but not limited to, concrete or cement batching plants, asphalt plants and manufacture of concrete and clay products.

Non-conforming Lot: Any lot which does not conform with the minimum width, depth and area dimensions specified for the district where such a lot is situated, such lot having been created and recorded in the office of the Pike County Recorder of Deeds prior to November 3, 1978, the effective date of this Ordinance, or any amendments thereto.

Non-conforming Structure: A structure or part of a structure manifestly designed not to comply with the applicable use or extent of the use provisions in this Ordinance, as amended, where such structure lawfully existed prior to the enactment of this Ordinance or amendments hereto; and including, but not limited to non-conforming signs.

Non-Conforming Use: A use, whether of land or of a structure, which does not comply with the applicable use provisions in this Ordinance or amendments hereto, where such use was lawfully in existence prior to the enactment of this Ordinance. Such non-conforming uses include, but are not limited to, non-conforming signs and other structures.

Nursing Home: Any premises containing sleeping rooms used by persons who are lodged and furnished with meals and nursing care.

Obstruction: Any wall, bank, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or floodprone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream and cause damage to life or property.

Office Building: A building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity.

Off-Site Sewage Disposal: A sanitary sewage collection and treatment system in which sewage is carried from individual lots or dwelling units by a system of pipes to a central treatment and disposal facility or system which may be publicly or privately owned and operated. A system designed to serve a two-family dwelling or two dwelling units located on the same property or adjacent properties shall not be considered as off-site sewerage and in such a case all development standards will apply the same for each dwelling or unit as any single family unit.

Off-Site Water Supply: A public or private utility system designed to supply and transmit drinking water from a common source to two or more dwelling units or uses in compliance with Pennsylvania Department of Environmental Resources regulations.

On-Site Sewage Disposal: A single system of piping, tanks or other facilities serving only a single lot and disposing of sewage in whole or in part into the soil.

On-Site Water Supply: A system for supplying and transmitting drinking water to a single dwelling or other use from a source on the same lot.

One-Hundred Year Flood: A flood that, on the average, is likely to occur once every one hundred (100) years (i.e. that has one (1) percent chance of occurring each year, although the flood may occur in any year).

Open Face: That area of a natural resource use where the extraction or removal of said natural resource is underway; and including any area of the property which has not been fully reclaimed and rehabilitated following resource removal in accord with this Ordinance and applicable Pennsylvania Department of Environmental Resources requirements.

Open Space: All areas of a multi-family development or cluster development not conveyed to individual owners and not occupied by buildings and required or proposed improvements shall be dedicated as permanent open space for the benefit and enjoyment of the residents of the particular units being proposed. Such open space shall be part of the same parcel and contiguous.

Parking Area, Private: An open area for the same uses as a private garage.

Parking Area, Public: An open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.

Patio: An open recreational area or structure, constructed no higher than six (6) inches from the ground level and resting directly on the ground. It may be attached to or detached from the principal building and may be constructed using wood, masonry, pavement, stone, or other material suitable for that purpose.

Permanent Foundation: A cement, concrete, treated wood or cinder block walled foundation erected on a poured concrete footer. A solid concrete slab will also be considered a permanent foundation.

Permanent Residence: A dwelling unit with the minimum living space required by this Ordinance and which is intended for year round occupancy and which is provided with a water supply and sewage disposal system as required by this Ordinance; but not including tourist recreation and lodging facilities, hotels, motels or recreational vehicles.

Person: An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization or other entity acting as a unit.

Planned Residential Development: A contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created from time to time, under the provisions of this Zoning Ordinance.

Plat: The map or plan of a land development, preliminary or final.

Porch: An attached roofed patio or deck. With the exception of the wall adjoining the principal structure, all walls must be open or screened with a wall no higher than four (4) feet above the floor level. A porch is considered an attached accessory structure and must meet those setback requirements for principal structures.

Primitive Type Camping Facilities: An overnight camping facility with no improvements beyond those required by law; no permanent structures other than tent platforms and maintenance buildings; and designed and restricted to accommodate only persons using tents or similar apparatus not including any vehicle on wheels.

Private Recreational Facilities: Outdoor or indoor areas or structures, operated by private non-profit or private commercial entities, open to the public, which contain entertainment and amusement devices or attractions including animal farms, zoological parks, tennis and racquetball courts, ski areas, golf courses and the like, but excluding theaters, public parks and playgrounds.

Professional Office: The office of a member of a recognized profession maintained for the conduct of that profession.

Public Notice: Notice published once each week for two consecutive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.

Public Recreational Facilities: Parks, swimming pools, playgrounds, tennis courts, and other recreational facilities owned and operated by the Township, County, school district, state, or federal government.

Quarrying: The excavation for sale or off-tract use of rock, ore, stone and similar materials.

Recyclables: Materials intended for reuse, remanufacture or reconstitution and including for the purposes of this Zoning Ordinance only the following materials: aluminum beverage containers; glass beverage and food containers; plastic beverage, food and household product containers but not including plastic film or bags; bimetal' food containers; newsprint, magazines, and office paper; and corrugated paper. Recyclables shall not include, except as specifically authorized by the Township in accord with Section 533 of this Ordinance, tires, large appliances such as stoves, refrigerators, washers and dryers, other scrap metal, used motor oil or any other material defined as "junk" or "solid Waste" by this Ordinance.

Recycling Facility: A center for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Any facility accepting or processing waste or other discarded materials which are not recyclables as defined or authorized under this Ordinance shall be considered a junkyard or solid waste facility as regulated by this Ordinance.

1. Recyclable Collection Facility: A center for the acceptance by donation, redemption, or purchase of recyclable materials from the public.

2. Recyclable Collection Facility, Small: A recyclable collection facility which

occupies an area of not more than five-hundred (500) square feet (including areas used for containers or other recyclable storage but not parking and loading areas) and may include mobile recycling units, kiosk type units which may include permanent structures and/or unattended containers placed for the deposit of recyclables.

3. Recyclable Collection Facility, Large: A recyclable collection facility which

occupies an area of more than five-hundred (500) square feet (including areas used for containers or other recyclable storage but not parking and loading areas) but not more than twenty thousand (20,000) square feet (including areas used for container or other recyclable storage, structure and parking and loading areas) and which may include permanent structures, and limited recyclable processing for shipment or preparation to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding or cleaning or but not including the remanufacturing or conversion of recyclables to new products or raw materials used for new products.

4. Recycling Unit, Mobile: An automobile, truck, trailer or van, licensed by the

Department of Transportation which is used for the collection of recyclable materials, or the bins, boxes or containers transported by trucks, vans or trailers and which are used for the collection of recyclable materials.

5. Recyclable Processing Facility: Any recycling facility which exceeds the area

or processing limits of a large collection facility or which involves the remanufacturing or conversion of recyclables to new products or raw materials used for new products.

Recreation Vehicle: A vehicle with or without motor power which may be towed on the public highways by a passenger automobile or truck without a special hauling permit, or which may be driven under its own power. This definition includes, but is not limited to campers, travel trailers, buses, camping trailers, pick-up trucks with slide-in campers, recreational vehicle homes and motor homes.

Recreational Subdivision or Land Development: The division or re-division of a lot, tract or parcel of land, by any means, into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot line for the purpose, whether immediate or future, of lease, rent, sale or transfer of ownership, for the purpose of providing a site for travel trailers, truck campers, camper trailers, motor homes and tents, for transient use. Campgrounds, recreational vehicle parks, primitive camping facilities and other similar facilities shall fall under this definition.

Recreational Subdivisions or Land Development, Transient: Publicly operated facilities, or businesses, offering sites with the usual accessory recreational and service facilities, not normally including eating facilities, for use for tent camping and/or recreational vehicle camping by the public at large on a transient basis. Sites are rented on a daily or weekly basis.

Recreational Subdivisions or Land Development, Non-transient: Planned private communities with recreational and service facilities, including central water and sewage and usually a restaurant and/or bar, lounge, chapel, and community hall, for use only by occupants of tent and/or recreational vehicle sites within the campground. Sites may be owned in common, or may be owned individually by deed conveyance, or may be leased on an annual basis.

Recreational Vehicle Park: See Recreational Subdivision or Land Development

Restaurant: An establishment where food and drink is prepared, served and consumed primarily within the principal building.

Retail Business: An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Right-of-Way: Land reserved for use as a street, drainage facility or other public or community use.

Section: A tract which is part of a proposed planned residential development to be developed according to a timetable.

Semi-Public Building or Use: Buildings or uses operated by non-profit, community-based organizations for the general use of Township residents, including churches, fire houses, ambulance buildings, libraries and the like, but excluding institutional uses such as nursing homes, hospitals, sanitariums and clinics.

Service Establishment: Establishments engaged in providing services involving the care or needs of a person or his or her apparel such as cleaning and garment services, beauty and barber shops, shoe repair, dry cleaning and laundries, photographic studios, etc.

Setback: An open unoccupied space which shall extend the full depth or width of a lot and which shall not be occupied by any portion of any building. Front setbacks shall be measured from the edge of the highway right-of-way and other setbacks from property lines.

Shopping Center or Mall: A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

Signs: Any object, device, display, structure, or part thereof, situated outdoors or indoors, and intended for viewing from the building exterior, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Signs do not include the flag or emblem of any nations, state, city, religious, fraternal, or civic organization; also merchandise and pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, or scoreboards located on athletic fields.

1. On-premises sign: Any permitted sign located on the land upon which the

concern advertised by such sign is located.

2. Off-premises sign: Any permitted sign not located on the land upon which the

concern advertised by such sign is located.

3. Sign surface area: The size of any sign computed by multiplying its greatest

length by its greatest height. Structural members not bearing advertising material or not in the form of a symbol shall not be included in the computation of surface area. In the case of signs with no definable edges (eg. raised letters attached to a facade) surface area shall be that area within the perimeter of a rectangle enclosing the extreme limits of the advertising material. If one, two sided sign is proposed, each face shall not exceed the applicable maximum sign surface area. If one-sided signs are proposed, two signs may be erected and the face of each shall not exceed the applicable maximum sign surface area.

4. Non-conforming sign: Any sign legally existing prior to the effective date of

this Ordinance, October 27, 1978, as amended.

5. Billboard: A sign advertising a business, product, service, commodity,

activity, or other concern which is located, produced, or offered at a location other than the premises on which the billboard is located; but, not including the off-premises signs permitted by Section 504.4 of this Ordinance.

Solid Waste Facility, Commercial: Any facility operated by a private individual or firm pursuant to the laws of the Commonwealth of Pennsylvania governing the management and disposal of solid waste including, but not limited to, liquid, solid, toxic, hazardous, and medical waste.

Solid Waste Facility, Public: Any facility operated by a public entity pursuant to the laws of the Commonwealth of Pennsylvania governing the management and disposal of solid waste including, but not limited to, liquid, solid, toxic, hazardous, and medical waste.

Solid Waste Staging Area: Any parcel of property used for the transfer of solid waste from one vehicle to another vehicle for transport to a solid waste facility.

Special Exception: A use allowed, with permission granted by the Zoning Hearing Board, to occupy and use land and/or a building for specific purposes in accord with this Ordinance.

Specialty Shops: Establishments primarily engaged in providing services involving the care of a person or his or her apparel or specializing in a specific type or class of foods such as a bakery, butcher shop, fish store or similar shops.

Stable (Commercial): A structure or area used for the shelter, care and/or riding of donkeys, horses, or mules for hire, remuneration or sale.

Stable (Private): An accessory structure or use which involves the keeping of donkeys, horses, or mules not for hire, remuneration or sale.

Stage: A section or sections which are to be developed at the same time, as part of a timetable for development.

Street: A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley. "Public rights-of-way" shall be those open to the general use of the public, not necessarily publicly dedicated.

Structure: A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

Structure, Permanent: Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

Structure, Portable: Anything constructed that is not permanently affixed to the ground but is designed to be moved from place to place.

Structural Alteration: Any change in the structural members of a building, such as walls, columns, beams or girders, or any addition to any structure.

Subdivision: The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development.

Supervisors: The Board of Supervisors of Lackawaxen Township.

Temporary Use: A use accessory to another permitted principal use that operates at a fixed location for a temporary period of time.

Temporary Commercial Use: A retail operation involving the sale of food, beverage or any other merchandise from a location on an intermittent or seasonal basis and which is not associated with a building; including but not limited to, hot dog carts; rug sales; plant, shrub or tree sales; or similar activities.

Time Shared Ownership: Ownership of a fee simple or less than fee simple interest in a property, obtained by conveyance, lease or any other means, which ownership is shared with other parties and represents a right to use said property for a portion of a year over a period of more than a year.

Tourist Recreation and Lodging Facility: A recreational facility designed to provide overnight accommodations in permanently constructed dwelling units in combination with a variety of generally passive recreational opportunities such as golf, hiking, swimming, etc., not including campgrounds or RV parks.

Transient Use: Occupancy of a dwelling by three or more families at separate times over the course of a year; not including three or more unrelated individuals who may, during such period, be temporarily staying at the location as a guests of the principal occupant.

Truck Stop: Any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered including the dispensing of motor fuel or other petroleum products directly into motor vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities solely for the use of truck crews.

Truck Terminal: A terminating point where goods are transferred from a truck to a storage area or to other trucks, or picked up by other forms of transportation.

Truck Wash: Any building or premises or portion thereof used for washing trucks with a gross vehicle weight exceeding five thousand (5,000) lbs.

Use: The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Variance: Relief granted pursuant to the provisions of 708.3 of this Ordinance and Articles VI and IX of the Pennsylvania Municipalities Planning Code.

Vehicle and Equipment Sales and Repair Operation: The use of any building, land area or other premise for the display and sale of new and used automobiles of operable condition; panel trucks or vans; mobile homes or trailers; recreation vehicles; or farm or construction equipment including any warranty repair work and other repair service.

Walk Way: A narrow passageway, no wider than four (4) feet, extending from the entrance or patio of the principle building at or no more than six (6) inches above ground level, out to and including encroachment of the front yard but not encroaching on any road right-of-way. Construction material may consist of wood, stone, masonry, pavement, or other similar material suitable for that purpose. (Note: If constructed above six (6) inches from the ground - see deck.)

Warehouse: Terminal facilities operated for a specific commercial establishment or group of establishments in a particular industrial or economic field and used for the storage of goods and materials.

Wholesale Business: Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Yard: An open unoccupied space which shall extend the full depth or width of a lot and which shall not be occupied by any building. Front yards shall be measured from the edge of the road right-of-way and other yards from property lines.

Yard Sale: A temporary activity conducted by a resident of the Township at his place of residence where accumulated household and other personal items areoffered for sale to the general public; but not including the buying and selling of any new or used items or surplus materials.

Zoning Officer: The administrative officer charged with the duty of enforcing the provision of this Ordinance.

The above definitions are also supplemented by those contained in other Township Ordinances. Where there is any conflict between definitions or provisions contained in this Ordinance and other Ordinances, the definitions or provisions contained herein shall apply insofar as they affect this Zoning Ordinance.

ARTICLE V - SUPPLEMENTARY REGULATIONS

500 Tntroduction

The standards that follow shall be applied to the specific situations indicated and are intended to supplement the standards in Article IV. Standards contained in a specific section regulating a specific use shall not exempt said use from other applicable regulations contained in this Ordinance.

501 Permitted Deviations from Required Sizes

No lot, yard, or other space shall be so reduced in area or dimension as to make it less than the minimum required by this Ordinance except as follows:

501.1 Non-Conforming Lots of Record

A single family dwelling and residential accessory structures may be erected on a non-conforming lot of record providing:

A.A sewage permit meeting the requirements of the Pennsylvania Department of Environmental Resources has been properly issued.

B. The dwelling is provided with a potable water supply meeting Township

requirements.

C. Front and rear yards are maintained as required by District regulations; and

side yards are not reduced to less than fifteen (15) feet.

501.2 Height Exceptions

Height regulations shall not apply to spires, belfries, cupolas, domes, not used for human occupancy, nor to chimneys, ventilators, monuments, water towers, masts and aerials, television antennae, public utility structures that are not buildings, silos, chimneys, ventilators, and parapet walls extending not more than four (4) feet above the regulated height of the building, skylights, bulkheads, and ornamental or necessary mechanical appurtenances. However, in no case shall any structure as set forth above be located closer to any property line than the highest part of the structure. Any structure proposed to be a height in excess of sixty (60) feet shall be treated as a conditional use.

502 Unique Lots and Building Locations
502.1 Two or More Uses on a Lot

Two or more principal buildings or uses located on a parcel in single ownership shall conform to all the requirements of this Ordinance which would normally apply to each building or use if each were on a separate district lot including unit density requirements, unless otherwise regulated by this Ordinance. Principal structures located on the same lot shall be separated by a distance at least equal to the height of the highest adjoining structure.

502.2 Corner Lots

Any yard of a lot which abuts a street shall be equal in size to the front yard required for the District. Any remaining yards may be considered side yards for setback purposes.

502.3 Clear Sight Triangles At Street Intersections

Visual obstructions at street intersection (excluding an existing building, post, public utility structures, column or tree) exceeding fifty (50) inches in height shall be prohibited on any lot within the triangle formed by the street lot lines of the lot and a line drawn between points along the street lines fifty (50) feet distant from their points of intersection.

503 Accessory Structures and uses

503.1 Accessory Structures

All accessory structures shall conform to the minimum setback regulations established in Article IV except as permitted below.

A. Unattached Structures Accessory to Residential Buildings

Structures accessory to residential buildings which are not attached to a principal structure and do not exceed eight (8) feet in height and one-hundred (100) square feet in total floor area may be erected within the required side and rear yards of a principal structure, provided that no side yard is reduced to less than ten (10) feet. This setback reduction shall be permitted only for one such accessory structure per parcel. In the case of corner lots, the full yard as specified in Section 502.2 shall be maintained.

B. Attached Accessory Structures

An accessory structure attached to a principal building shall be considered to be a part of the principal building and shall conform to the setbacks for principal structures.

C. Unattached Accessory Structures to Non-Residential Buildings

Unattached accessory structures for other than residential structures or uses shall comply with front, side, and rear setback requirements for the principal structure.

503.2 Home Occupations

It is the intent of this subsection to regulate the operation of home occupations so that the average neighbor, under normal circumstances, will not be aware of the existence of the home occupation except for a permitted sign. Home occupations shall not be permitted in multi-family dwellings. Any home occupation or expansion of a home occupation shall be a conditional use, and in addition to the criteria in Sections 509 and 514 of this Ordinance, the following criteria shall apply:

A. The occupation must be clearly incidental and secondary to the use of the dwelling as a residence.

B.The home occupation does not utilize more than one thousand (1000) square feet of the gross floor area of the dwelling unit, and may utilize not more than twenty-five (25) percent of the gross floor area of the dwelling unit. Home occupations shall not be permitted in accessory structures except in accord with Section 536.8 of this Ordinance.

C. No outdoor display or storage, or indoor display or storage visible from

outdoors, of materials, goods, supplies, or equipment used in the home occupation shall be permitted.

D. Retail or wholesale sales shall generally not be permitted on the premises.

However, limited retail and wholesale sales may be permitted provided the sales display area conforms to Subsection C above, the sales display area does not exceed one-hundred fifty (150) square feet in size, and employees are limited to members of the immediate family residing in the dwelling.

E. There shall be no visible exterior evidence that the residence is being

operated as a home occupation except for the permitted sign.

F. Professional practices as set forth in the definition of "home occupation"

contained in Article III of this Ordinance shall be limited to a single practitioner. A maximum of two (2) persons other than members of the immediate family residing in the dwelling shall be employed in the home occupation. The total of all employees inclusive of family members shall not exceed six (6) persons.

G. Off-street parking shall be provided on the premises, as required by this

Ordinance or as otherwise necessary to prevent parking on any public or private road right-of-way.

H. A home occupation use shall not generate nuisances such as traffic, on-street

parking, noise, vibration, glare, odors, fumes, electrical interference, or hazards to any greater extent than what is usually experienced in the residential neighborhood.

I. The Board of Supervisors shall attach any and all necessary conditions to

assure compliance with this Section 503.2, and such conditions may include hours of operation, water use restrictions, sewage disposal requirements, screening and other conditions deemed necessary.

503.3 Private Parking Areas and Garages

Accessory off-street parking areas or garages serving the residential or non-residential parking demand created by the principal building are permitted in accord with Section 505.

503.4 Home Gardening, Nurseries and Greenhouses

Home gardening, and accessory structures used for nurseries or as greenhouses, are permitted in residential areas, provided they are used by the residents thereof for non-commercial purposes. (See also Section 503.1)

503.5 Private Outdoor Swimming Pools

A single private outdoor swimming pool per dwelling unit is permitted as an accessory structure to a residential structure, provided that such swimming pool is for the private use of the residents of the dwelling unit or for their guests, and provided that the pool is not located closer than 10 feet to any property line and that a fence not less than five (5) feet high and of a design to restrict access shall completely surround the area of any ground level swimming pool. Access to all pools shall be restricted when the pool is not in use.

503.6 Temporary Uses

A. Definition - A use accessory to another permitted principal use that operates

at a fixed location for a temporary period of time.

B. Zoning certificate required - No temporary use shall be established unless a

zoning permit evidencing the compliance of such use with the provisions of this Section and other applicable provisions of this Ordinance shall have first been issued.

C. Particular temporary uses permitted - The following are temporary uses which

are subject to the following specific regulations and standards, in addition to the other requirements specified in this Ordinance.

1. Contractor's office and construction equipment sheds.

a. Permitted in any district where use is incidental to a construction

project. Office or shed shall not contain sleeping or cooking accommodations.

b. Maximum length of permit shall be one (1) year.

c. Office or shed shall be removed upon completion of construction project.

d. Required water supply and sanitary facilities must be provided.

e.This Section 503.6 shall not apply to construction projects under the direct supervision of the Pennsylvania Department of Transportation.

2. Real estate sales office.

a. Permitted in any district for any new subdivision approved in accordance

with the Lackawaxen Township Subdivision Ordinance. The office may not contain sleeping or cooking accommodations. A model home may be used as a temporary sales office.

b. Maximum length of permit shall be twelve (12) months, but the zoning

officer may extend the permit for a period or periods not to exceed sixty (60) days in the event of circumstances beyond the control of the owner. Application for the extension shall be made at least fifteen (15) days prior to expiration of the original permit.

c. Office shall be removed upon completion of the development of the

subdivision.

d. Required water supply and sanitary facilities must be provided.

3. Temporary shelter.

a. When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a mobile home located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted subject to the following additional regulations.

b. Required water supply and sanitary facilities must be provided.

c. Maximum length of permit shall be twelve (12) months, but the zoning

d. The mobile home shall be removed from the property prior to issuance of

any occupancy permit for the new or rehabilitated residence. The applicant shall be required to provide express consent and authorization to Lackawaxen Township, plus ten percent (10%) administrative cost, to remove the temporary shelter at the owner's expense upon termination of the permit, if the owner fails to remove the temporary shelter as required.

d. Additional Regulations

1. Documentation must be provided to the Township Sewage Enforcement Officer

that adequate arrangement for temporary sanitary facilities has been made in accord with Township requirements.

2. All uses shall be confined to the dates specified in the permit.

3. Hours of operation shall be confined to those specified in the permit.

4. Pursuant to Section 505, parking for the exclusive use of the facility shall

be provided, and a stabilized drive to the parking area shall be maintained.

504 Signs

504.1 General Sign Regulations

The following regulations shall apply to all permitted signs:

A. No person shall erect, alter, or relocate within the Township any sign without

obtaining a permit.

B. The repainting, changing of parts, and preventive maintenance of signs shall

not require a permit.

C. A sign shall be permitted only in connection with the permitted use on the

premises.

D. All signs shall be removed when the reasons for their erection no longer

apply.

E. Signs shall not be permitted on the roof or above the roof line of the

building to which they are attached.

F. No part of any sign shall project above the top or beyond the ends of the wall

surface upon which it is located.

G. Signs other than official traffic signs shall comply with side yard setbacks

as established for principal structures.

H. Signs shall not project into, onto, or over any public right-of-way and shall

not be erected, installed, maintained, or replaced so as to be a hazard to the users of a public right-of-way.

I. No signs shall be erected, installed, or maintained in a location which will

constitute an obstruction to vision or endanger the safety of the traveling public.

3. No sign, except a public sign, visible from a public street, shall use the words "stop," "danger," or any other word, phrase, symbol or character which could be interpreted by a motorist as being a public safety warning or traffic sign.

K. No sign shall be so constructed, erected, or located so as to obstruct the visibility of a motorist or pedestrian proceeding along the public way or entering or leaving a parking lot or any road intersection as provided in Section 502.3.

L. No revolving sign or any other type of moving sign shall be permitted with the exception of barber poles.

M. No sign shall be attached to any tree, fence, utility pole or other object not specifically intended for sign support except for "no trespassing" signs, legal warning or other private signs not exceeding one and one-half (1.5) square feet in surface area.

N. Freestanding signs shall not exceed a height of twenty (20) feet from the average natural grade measured to the top of the sign.

0. All signs, with the exception of permitted temporary signs, shall be permanently attached to the ground or a structure. Signs affixed to movable frameworks or otherwise intended to be transportable shall not be permitted.

P. Signs shall be constructed of durable material and be maintained in good condition.

504.2 Reserved

504.3 Business and Institutional Signs

A. The owner, lessee or occupant of land in the Township, may erect and maintain

on such land not more than two (2) signs advertising the business or profession of such owner, lessee or occupant of the property. If both sides of one sign are used for advertising, then only one sign may be erected. The face of any such sign shall not exceed thirty-two (32) square feet in surface area.

B. Signs of schools, colleges, churches, hospitals, sanitariums or other similar

institutions may be erected and maintained on the parcel with the principal permitted use in accord with the provisions of Subsection 504.3,A, above.

C. Such signs may only be placed on and maintained by the owner, lessee, or

occupant of la.nd upon which is located the main office or principal place of business or institution or where a legitimate, active branch office, store, or warehouse is maintained by the said owner, lessee or occupant of such land.

D. In addition, business signs attached to the principal structure shall be

permitted. Said signs shall only be attached to the facade of the building which faces the public right-of-way, shall be attached directly to and in the same plane of the facade, and shall not project more than one (1) foot from the facade. The total area of the sign(s) shall not exceed ten percent(10%) of the area of the facade to which the sign(s) is attached , but not to exceed thirty-two (32) square feet.

504.4 Off-Premises Business Directional Signs

Two (2) off-premises signs may be erected by the owner, occupant, or lessee of a business or profession or institution located in the Township provided such signs on his own or rented land advertise such business or institution and directions thereto. Each sign may contain advertising on each side. Each sign shall not have a surface area of more than twelve (12) square feet. Not more than a total of three (3) such signs advertising any business or institution shall be erected on any one property; and all signs on said property shall be attached to the same post or frame; and said sign(s) location shall not be located less than one-thousand (1,000) feet to any other such sign(s) location.

In cases where a sign directory has been erected pursuant to the following Section 504.5, no off-premises sign shall be permitted that could otherwise be included on the directory sign and provide the required directions.

504.5 Directory Signs

The installation and maintenance of a central directory sign board not more than six (6) feet high and not more than ten (10) feet wide at the intersection of two or more roads advertising one (1) or more businesses and directional arrows thereto shall be permitted. An individual sign on this board advertising a single business shall not exceed a surface area of four (4) square feet and shall be uniform with other signs on the sign board. Evidence of the ownership and proposed operation and maintenance of such directory shall be submitted with the permit application. All other applicable standards in this Section 504 shall apply and a permit shall be required for each individual sign on the directory. Not more than one (1) directory sign shall be permitted on each corner of an intersection.

504.6 Signs Requiring No Permits

A. Signs advertising the sale or development of the premises upon which they are erected and signs bearing the words "sold" or "rented" or similar phrases, together with the name of the person effecting sale or rental. The following standards shall apply:

l.The area of each sign shall not exceed twelve (12) square feet;

2. Not more than one (1) such sign per company shall be placed on any one

property;

3. Such signs are not illuminated;

4. Such signs shall be removed within fourteen (14) days after the sale,

rental, or lease of the subject property.

B. Signs to provide for the normal and safe flow of traffic into and out of the

place of business such as entrance, exit, and parking signs. Such signs shall not be of a size greater than necessary for persons of normal visual acuity to observe.

C. Signs of building contractors and other artisans may be erected and maintained

during the period such persons are performing work on the premises on which such signs are erected, provided the size thereof is not in excess of eight (8) square feet; and such signs are removed promptly upon completion of the work.

D. Trespassing signs not exceeding one and one-half (1.5) square feet. Signs

indicating the private nature of a drive-way or property provided that the size of any sign shall not exceed eight (8) square feet and the number of such signs shall be limited to one (1) sign per one-hundred (100) acres (or fraction thereof) of the subject parcel.

E. Signs advertising the sale of farm products and yard sales when permitted by

this Ordinance, provided: (1) the size of any such sign is not in excess of six (6) square feet; (2) not more than two signs are used; and (3) the signs shall be displayed only when such products or yard sale items are on sale.

504.7 Home Occupation Signs

One (1) sign identifying a home occupation shall be permitted on the premises provided said sign does not exceed two (2) square feet in surface area.

504.8 Residential Development and Multi-Family Project Signs

One (1) sign identifying a residential development or a multi-family dwelling

project is permitted on the premises of such project providing the sign does not

exceed twenty (20) square feet in surface area. Signs identifying each building

shall also be permitted and such signs shall not exceed one (1) square foot and
shall be attached to the building facade.

504.9 Shopping Center or Multiple Commercial Occupant Signs

A. One (1) free standing sign identifying the shopping center or multiple

occupant project is permitted on the premises of such project provided the sign does not exceed thirty-two (32) square feet in surface area.

B. One (1) additional sign identifying each business or profession located in the

project is permitted by Subsection A above provided the sign does not exceed ten (10) square feet in surface area. Such signs shall be attached to the same frame as the project sign permitted by Subsection A above.

C. In addition, one sign for each occupant of the project may be attached to the principal structure. Said signs shall only be attached to the facade of the building which faces the public right-of-way, shall be attached directly to and in the same plane of the facade, and shall not project more than one (1) foot from the facade. The total area of the sign(s) shall not exceed two (2) percent of the area of the facade to which the sign is attached, but not to exceed twenty (20) square feet.

504.10 Temporary Signs

Special advertising or business identification signs or banners are permitted which do not exceed forty (40) square feet in total surface area; including, but not limited to, signs announcing to the general public any special events such as commercial sales days, cultural or entertainment attractions, or charitable activities. These shall be permitted for the length of the activity, but in no case exceeding twenty-one (21) days.

504.11 Illumination

A. Signs shall be illuminated only by a steady, stationary (excepting for

indicators of time and temperature), shielded light source directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring premises.

B. No light shall be permitted that by reason of intensity, color, location,

movement or direction of its beam may interfere with public safety. This shall include flashing, oscillating, and spot lights when improperly placed. No sign shall resemble traffic signals.

504.12 Non-Conforming Signs

A. Non-conforming signs shall be those existing prior to the effective date of

this Ordinance or any amendments hereto and which do not comply with the provisions of the Ordinance.

B. No non-conforming sign shall be changed, expanded, or altered in any manner

including, but not limited to sign area, location (including moving on the same property) and height, except to bring the sign into conformity. No non-conforming sign shall be moved in whole or in part to any other location where it would remain non-conforming.

C. Termination of Non-Conforming Signs

1. Immediate termination - The following signs or sign features shall be terminated within six (6) months after the effective date of this ordinance, except as otherwise expressly permitted by this ordinance. Termination of the non-conformity shall consist of removal of the sign or its alteration to eliminate fully all non-conforming features: portable signs, flashing signs, animated and moving signs, signs which obstruct free ingress to or egress from a fire escape, door, window, or other required access way, signs which by reason of size, location, content, coloring, or manner of illumination obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on streets and roads within the Township, and signs which advertise a business no longer conducted or a product no longer sold on the premises where such sign is located.

2. Termination by abandonment - Any non-conforming sign structure, the use of which is discontinued for a period of forty-five (45) consecutive days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter by reestablished except in full compliance with this Ordinance.

3. Termination by damage or destruction - Any non-conforming sign damaged or destroyed, by any means, to the extent of one-third (.333) of its replacement cost new shall be terminated and shall not be restored, except in conformance to this Ordinance.

504.13 Nuisance Signs

A. No owner of any sign or lessee or owner of any land upon which the sign is

located shall permit such sign to become unsightly or in disrepair so as to endanger the public or to become a public nuisance.

B. In the event such a sign is not repaired or properly restored or removed

within thirty (30) days after written notice has been given to the owner of the sign or the owner or lessee of the land upon which the sign is located, the Township Supervisors may institute appropriate actions to prevent the violation or abate the nuisance.

504.14 Permit Applications

An application for a permit to install or relocate a sign shall be made on the Township Sign Permit Application form and submitted to the Township Zoning Officer along with the fee established by resolution of the Township Board of Supervisors.

504.15 Political Signs

Signs announcing candidates for public office shall be permitted provided such signs do not exceed four (4) square feet each in area and are not attached to fences, trees, utility poles, or the like. There shall also be a distance of not less than one-hundred fifty (150) feet between such signs. Political signs shall be erected no earlier than thirty (30) days prior to any election and be removed no later than thirty (30) days after said election.

Prior to the erection of any political signs, the political candidate or the candidate's representative shall obtain from the Township a permit for the general erection of said signs in the Township. The applicant shall also provide, along with the permit application fee, a bond, letter of credit or other financial guarantee to provide for the removal of the signs following the subject election. Said fee and guarantee amounts and terms shall be as established by resolution of the Board of Supervisors.

505 Off Street Parking and Loading

505.1 Availability of Facilities

Off-street parking, loading, and unloading facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.

505.2 Size of Parking Spaces

The net parking space per vehicle shall be not less than nine (9) feet wide and nineteen (19) feet long. Garages and carports not in the public right-of-way may be considered parking spaces. Each parking area shall consist of not less than an average of two hundred seventy (270) square feet of usable area for each motor vehicle, including interior driveways, driveways connecting the garage, or parking space, with a street or alley. Garages and carports not in the public right-of-way may be considered parking spaces. Notwithstanding the above, all parking spaces shall be ample in size for the vehicles for which use is intended.

505.3 Lighting

Any lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public right-of-ways.

505.4 Public Right-of-Ways

Parking, loading and unloading of vehicles shall not be permitted on public right-of-ways.

505.5 Number of Spaces To Be Provided

Any structure or building hereafter erected, converted, or enlarged for any of the following uses, or any open area hereafter used for commercial purposes, shall be provided with off-street parking spaces adequate to serve such use but with not less then the minimum spaces, as set forth below, which spaces shall be readily accessible to the uses served thereby. Fractional numbers of parking spaces shall be increased to the next whole number. For projects involving more than one use and/or structure the total number of parking spaces required shall be determined by summing the number of spaces for each individual use. Should the applicant provide evidence that the number of parking spaces required by this Section 505.5 is not necessarily required to meet the immediate needs of the proposed use, the number of spaces provided may be reduced, as a conditional use, by a maximum of twenty-five percent (25%) provided sufficient and suitable area is dedicated to future parking to meet the normal standards in this Section 505 and the applicant shall agree in writing to install the parking at the direction of the Board of Supervisors. Reserve parking areas shall be included in the calculation of lot coverage area. Parking facilities used jointly by two or more principal uses shall be considered conditional uses. Handicapped parking shall be provided in accord with state requirements.

Note: SFGFA means "square feet of gross floor area" which is the total area of a building calculated by taking the outside dimensions of the building at each floor level intended for occupancy or storage and summing the areas.

USE PARKTNG SPACE REQUIREMENTS

For uses not specifically mentioned above in the listing of uses, the Board of Supervisors, with the recommendation of the Planning Commission, shall determine the required number of spaces.

505.6 Loading and Unloading Areas

In addition to the off-street parking spaces required above, any building erected, converted or enlarged in any district for commercial, office building, hotel, motel, restaurant, manufacturing, wholesale, hospital or similar uses, shall provide adequate off-street areas for loading and unloading of vehicles. The loading space shall be a minimum of sixty (60) feet in depth, and twelve (12) feet in width, with an overhead clearance of fourteen (14) feet. In no case where a building is erected, converted or enlarged for commercial, manufacturing or business purposes shall any public right-of-way be used for loading or unloading of materials. Every commercial or industrial building which requires the receipt or distribution by vehicles of material or merchandise shall provide one (1) additional off-street loading space for each 25,000 square feet of gross building floor area.

505.7 Access To Off-Street Parking and Loading Areas

There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Where a parking or loading area does not abut on a public right-of-way or private alley or easement of access, there shall be provided an access drive not less than twelve (12) feet in width per lane of traffic; and not less than eighteen (18) feet in width in all cases where the access is to storage areas or loading and unloading spaces required hereunder. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:

A. Access drive design and sight distance for access to Township and State roads

shall comply with the standards contained in the most current edition of PA Code Title 67, Transportation, Chapter 441, Access to and Occupancy to Highways by Driveways and Local Roads.

B. There shall be no more than one entrance and one exit for any business or

parking area on any one highway. Each entrance and exit shall be clearly defined with curbing, fencing, landscaping or vegetative screening so as to prevent access to the area from other than the defined entrance and exit. In no case shall one entrance or exit be located within eighty (80) feet of any other on the same property or adjoining property along the same public right-of-way.

C. Any subdivision of property for commercial purposes shall provide no more than one common entrance and one common exit on any public right-of-way. Interior access drives shall be provided for movement of traffic to the public right-of-way.

505.8 Parking and Loading Area Setbacks

All parking and loading areas and parallel circulation and service lanes shall be separated from the paving edge of a public right-of-way or adjoining property lines by a buffer area at least twenty (20) feet in depth.

505.9 Surfacing

Any off-street parking area shall be graded for proper drainage and shall be surfaced so as to provide a durable and stable surface, such as a gravel, concrete or bituminous concrete surface, and shall be so arranged as to provide for orderly and safe parking and storage of vehicles.

505.10 Off-Lot Parking

Parking spaces may be located on a lot other than that containing the principal use provided said lot is owned by the applicant or a written agreement for use of said lot is provided, approved by the municipal solicitor and accepted by the Board of Supervisors as adequate and located within a distance that will achieve the purposes of this Section 505.

506 Natural RESOURCE USES OPEN EXCAVATIONS

Natural resource uses shall be considered conditional uses as listed in the Schedule of Uses, and in addition to all applicable standards of this Ordinance and all State and Federal regulations, said uses shall comply with the standards in this Section 506. Natural resource uses with an open face of two (2) acres or less, or which will not result in a total disturbed area of more than five (5) acres, (herein referred to as "minor natural resource uses") shall be exempt from the plan submittal requirements of this Section 506; however, said operations shall comply with the operational and rehabilitation standards in this Section 506.

506.1 Operational Requirements

A. Vibrations - Machines or operations which cause vibrations shall be permitted,

but in no case shall any such vibrations be perceptible along any adjoining or adjacent property in different ownership or public right-of-way.

B. Emissions - The emissions of dust, smoke, refuse matter, odor, gas, fumes,

noise or similar substances or conditions which can cause any soiling, staining, irritation, or damage to persons or property at any point beyond the property line of the use creating the emission are hereby prohibited.

C. Fencing - The applicant shall submit to the Township for approval by the Board

of Supervisors a fencing plan which shall provide for the protection of the public health safety and general welfare by restricting public access from areas of steep slopes, ponds, and/or other hazards. The Township shall determine the type and extent of fencing required as part of the conditional use process. However, in no case shall any fence be less than six (6) feet in height and all required fencing shall be of such design to restrict access. All fence openings shall be controlled by a gate and lock. In all cases, fencing shall be required wherever the natural resource use abuts a public road right-of-way.

D. Setbacks/Buffers - The setbacks and buffers in this Section shall be

considered the minimum requirements. The Township shall require larger setbacks, screening, buffers or fencing in cases where the size of the operation, the topography, vegetation, or other physical, features of the site, uses on adjoining properties or other public concerns dictate same. The following setbacks shall also apply to stockpiles, waste piles, processing or manufacturing equipment.

1. Property Lines - No part, except the fence, if required, of any natural

resource use operation shall be less than one-hundred fifty (150) feet from any adjoining property line.

2. Street - No part, except the required fence, of any natural resource use

operation shall be less than one-hundred (100) feet from the right-of-way line of a public street or highway. Where both sides of the right-of-way are within a natural resource use operation in single ownership, the required street setback may be reduced to fifty (50) feet on each side of the right-of-way. However, in no case shall an open excavation be closer than one-hundred (100) feet to any public road right-of-way.

E. Minor Natural Resource Use Setbacks - The setbacks in Subsection D, 1 and 2

above may be reduced in the case of a minor natural resource use; however, setbacks for minor natural resource uses shall be, at a minimum, increased to two (2) times the normal setbacks required for principal permitted uses for the subject District as provided in the Schedule of Development Standards.

F. Water Resources

1. In no case shall any use impede the flow of natural watercourses.

2. All uses of land or processes which pollute natural watercourses shall be

prohibited.

3. All uses of land shall be conducted in a manner which will not allow water

to collect and permit stagnant water to remain in quarries or excavations.

506.2 Submission of Operational Data for Natural Production Uses The operations plan shall include but need not be limited to:

A. Ownership and acreage of the land proposed for use.

B. Type of resources to be extracted or quarried.

C. Estimated depth of the proposed operation.

D. Location map at a scale of 1 inch = 100 feet which shall show:

l.The land area to be excavated or quarried with dimensions and the total property.

2. Private access roads and abutting streets and highways.

3. Abutting and/or adjacent districts and land uses.

4. Existing watercourses, and proposed alterations to assure stream quality and

quantity.

5. Fencing and buffer planting - If fencing is to be vegetation give details of

the size and type.

6. Title, scale, north arrow and date.

7. Ownership.

E. A report setting forth the number and gross weight of trucks associated with

the operation, the Township roads to be utilized by said trucks, and the probable effect of the truck traffic on the condition of the roads. Said information along with the advice of the Township Engineer shall be used by the Board of Supervisors to establish conditions of approval to mitigate road impacts for the proposed use if such approval is granted.

506.3 Rehabilitation - Reclamation Plan for Natural Production Uses

At the time the operations plan is submitted, a rehabilitation - reclamation plan shall also be submitted setting forth the following information in addition to any required by state regulations:

A. An engineering drawing showing ownership, existing and future topography,

streams, existing roads, buildings, boundaries are legal description of the tract.

B. A description of the location, type, extent, methods, and time schedule for

the operations proposed.

C.A drawing showing the location and/or proposed relocations of land, trees, buildings, structures, public roads, streams, drainage facilities and utilities lines on the tract or adjacent tracts as may require protection, repairs, clearance, demolition, restoration either during or following completion of the operations proposed.

D. A statement describing methods for handling operations with respect to the "Operational Requirements", plus any drainage, air pollution, soil erosion or other environmental problems created during the operations including production, transportation, processing, stockpiling, storage and disposal of by-products and wastes.

E.A plan for re-use of the land after completion of the operations which shall permit the carrying out of the purpose of this Ordinance and appropriately provide for any restoration, reclamation, reforestation or other correction work deemed necessary.

506.4 General Rehabilitation - Reclamation Requirements and Standards for
Natural Resource Uses

A. Time - Within the time frame approved by the Board of Supervisors, but in no

case to exceed three (3) years after the termination of operations, the area must be rehabilitated to conform with the rehabilitation plan as approved.

B. Standards - In the rehabilitation of an area, the following standards must be

met:

1. No area of the rehabilitation shall exceed a slope of 2:1.

2. The entire area disturbed by excavating, quarrying, mining, or other natural

production use shall be planted in such a manner so as to control soil erosion.

3. The entire area shall be graded wherever necessary to provide for the

conveyance of storm water. Finished grade shall not have a slope of less than two (2) percent so as to provide for a natural drainage.

4. Stockpiles, overburden, refuse, plant facilities or equipment shall be

removed immediately upon the termination of operations and in no case shall such removal exceed one (1) year.

5. Where screen planting and/or fencing has been provided, the same shall

remain where necessary for safety, and shall be continuously maintained in good repair.

506.5 Existing Natural Production Uses

Operations existing prior to the effective date of this Ordinance which are non-conforming as to setback requirements, shall not be required to correct such existing non-conformity. A rehabilitation plan and any required fencing and/or screen planting shall be provided within six (6) months after the effective date of this Ordinance.

506.6 Performance Guarantee

Prior to the approval of a plan for any natural resource use, except minor natural resource uses, the applicant shall provide to the Township a bond, letter of credit or other performance guarantee, in a form and amount approved by the Township, to assure the reclamation and rehabilitation of any new or existing natural resource use. The term of the guarantee shall be for a period of ninety (90) days in excess of the time period established in Section 506.4, Subsection A.

507 Non-conforming Uses and Structures 507.1 Purpose

It is the purpose of this Section to limit the injurious impact of non-conforming uses and/or structures on adjacent properties within a particular district and the community as a whole, while recognizing that changes, continuations and extensions of non-conforming uses and/or structures may not be contrary to the public interest or the general purpose of this zoning ordinance, when failure to allow such alteration, continuation or extension would itself lead to neighborhood or district deterioration. It is further the purpose of this Section to prescribe those standards, which are to be applied by the Township in reviewing a proposal to alter, continue or extend a non-conforming use. The following regulations shall apply to the alteration, continuation or extension of non-conforming uses.

507.2 Normal Maintenance, Minor Changes

Normal maintenance and repairs such as painting or replacing a roof shall be allowed as well as alterations and interior renovations that do not structurally alter the building or result in increased use of the building or lot, a different nature of use than that existing at the present time or otherwise create more incompatibility with the surrounding permitted uses.

507.3 Expansions

A. A non-conforming use of a building may be enlarged within a building to a

maximum of twenty-five (25) percent additional space occupied by the nonconforming use if no structural alterations are made therein; provided that such extension may include structural alterations when approved pursuant to Section 507.7.

B. A non-conforming use may be extended, expanded or enlarged upon the lot

occupied by such use to a maximum of twenty-five (25) percent additional space occupied by the non-conforming use when approved pursuant to Section 507.7, and provided that such extension or enlargement does not replace a conforming use, and does not violate the yard and coverage requirements of the zone in which the non-conforming use exists.

507.4 Restoration

In the event that any non-conforming use or any nonconforming structure, in any district, is destroyed or partially destroyed by fire, explosion, or other disaster, or otherwise damaged, said use or structure may be reconstructed if such reconstruction is initiated and completed within eighteen (18) months of its destruction. One twelve (12) month extension for completion may be granted by the Board of Supervisors.

507.5 Changes

A non-conforming use may be changed to a use of an equal or more restricted classification. However, all changes shall be governed by Section 507.8.

507.6 Discontinuance

If a non-conforming use of land or a structure ceases operations for a period of more than one year and the owner of such property does not file with the Zoning Officer, within said one (1) year period, a "certification of intention" to maintain such use, then this shall be deemed to be an intent to abandon such use and any subsequent use of the land shall conform to the regulations of this Ordinance. Said "certification of intention" shall be valid for a period not to exceed two (2) years, and shall be renewable for an additional one (1) year period only.

507.7 Performance Standards

All changes, enlargements, extensions and restorations of non-conforming uses, excepting those identified in Section 507.3, shall be considered conditional uses, and permits for such changes, extensions and restorations shall be granted only after a determination by the Township Board of Supervisors, upon the recommendation of the Township Planning Commission, that the following performance standards in addition to the Conditional Use Criteria set forth in Section 509 and the Performance Standards set forth in Section 514 will be satisfied:

A. Storage of Materials - There shall be no increase in the amount of materials,

supplies and/or products that are stored outside a non-conforming facility or on a lot with a non-conforming use, excepting those types of uses outlined in Section 507.7-B.

B. Screening - Where the non-conforming activity is one which necessarily results

in the storage of large quantities of material, supplies or products outside (such as a sawmill, farm machinery sales operation or similar operation), the use may only be expanded if a solid fence of wood or some similar material and/or vegetative screening not less than six (6) feet in height is erected on all sides of the immediate area in use. Stored material shall not exceed the height of the screening material and nine (9) feet at the maximum.

C. Yards and Setbacks - No addition, change or expansion of a non-conforming use

shall create further non-conformity by violation of yard, setback and height regulations of the district in which it is located.

D. Stormwater - Stormwater shall be controlled pursuant to the Township

Subdivision and Land Development Ordinance.

E. Parking and Traffic - In no case will a change, addition or expansion of a

non-conforming use be allowed which would result in the diversion of traffic or relocation of a driveway on the site to any point nearer a residential property, or result in violation of any of the parking and unloading requirements of this Ordinance. If the total number of parking spaces for the site is to be increased more than twenty-five percent (25%) over those available as of the date of the enactment of this Ordinance, the Board of Supervisors may require vegetative screening of the parking area from nearby residential areas.

F. Extension onto New Properties - A non-conforming use may only be expanded or

extended onto another property of record if that property is immediately adjacent to the lot on which the original structure or use is located as of the effective date of this Ordinance or amendments hereto; the owner has clearly exhausted the alternatives available for expansion on the existing property; and the use is not one which has been altogether prohibited as a new use by this Ordinance.

G. Prohibited Expansions - Should the use proposed for expansion or extension be a use which is specifically prohibited by this Ordinance as a new use or be judged by the Board of Supervisors to be of such a nature as to create health, safety or welfare concerns which cannot be satisfied by the imposition of the conditions permitted under this Ordinance, the requested expansion or extension shall be denied.

507.8 Non-Conforming Lots of Record —- See Section 501.1.

508 Buffer for Water Bodies and Wetlands

508.1 Plans

All waterbodies, including lakes, ponds, and streams shall be accurately shown on any plan submitted with any application for zoning approval. The Planning Commission, Board of Supervisors or Zoning Officer, as the case may be, may also require that wetlands be shown on the plan where U.S.G.S. Topographical or U.S.F.W. Wetlands Maps or a site inspection indicates wetlands may be present.

508.2 Waterbodies

For the purposes of protecting water quality, a buffer zone/building setback of not less than one hundred (100) feet shall be maintained from the high water mark of any lake or pond listed below or from the high water mark on each side of any stream listed below. In the case of other lakes, ponds and streams the buffer area shall be fifty (50) feet. No buildings, structures (except uncovered docks and accessory structures with a floor area of one-hundred forty-four (144) square feet or less), parking areas, or sewage disposal systems shall be constructed or placed within this buffer zone, except for approaches to approved stream crossings. Docks shall not extend landward more than five (5) feet from the water's edge. In residential subdivisions, this strip shall be protected via a protective easement. In cases where Township Flood Plain Regulations require larger buffers, such regulations shall control.

Protected Streams:

Minimum Lot	Minimum Lot	Minimum Yards
Area	Width/Depth	(feet)
		Front Si rip Rpar
(acres)
	200/200	50 25 50
2.0

	Minimum Lot	Minimum Lot	Minimum Yards
	Area	Width/Depth	(feet)
		ffppt^	Front <\iHp Rpar
	( arrpO
ND District		150/150	40 25 25
All Other	1.0	200/200	50 50 50
Districts	2.0