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1. All outdoor storage of maintenance equipment and bulk storage shall be setback a minimum of 50 feet from any property line and shall be screened from view in accordance with the requirements of the SALDO.
2. Buffer yards and screening shall be provided as necessary to adequately protect neighboring properties. A buffer yard at least 50 feet wide must be provided on the site in all instances where the site adjoins a residential use or district. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes. Screening shall be provided for the length of the buffer yard in accordance with § 22-721 of the Subdivision and Land Development Ordinance [Chapter 22].
3. Any exterior lighting and/or amplified public address system shall be arranged and designed so as to prevent objectionable impact on neighboring properties. Use of the outdoor public address systems shall only be permitted between the hours of 8:00 a.m. and 11:00 p.m. Exterior lighting other than that essential for the safety of the users of the premises shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m.
(Ord. 2024-01, 5/13/2024)
1. General Requirements for new Rifle and Pistol Range.
A. Minimum lot area: five acres.
B. Minimum lot width: 300 feet (street side right-of-way). The range area must be a minimum of 400 feet wide plus the width of the shooting range. A minimum of 200 feet is required from any property or street right-of-way line. The area of use must be 900 feet from any neighboring residential or commercial dwelling.
C. An earthen background berm must be provided within 20 feet of the farthest target post. Such berms shall have a slope of not less than 45 degrees or a one to one ratio and must extend to 12 feet above the ground level of the highest target and or eight feet above the highest target. The crest of the berm at the 12 foot minimum height limit shall be at least four feet wide as measured between the wall of the berm facing the range and the opposite wall. The berm shall extend eight feet beyond the target on both sides. The berm shall be free of gravel and other hard surface material to provide adequate drainage. Natural earth backstop berms are permitted provided adequate vertical and horizontal requirements listed above are satisfied.
D. The earthen side berms must be provided immediately adjacent to the range and shall extend from the firing line to the background berm. The side berms shall meet the same design qualifications as set forth for background berms in subsection C. above.
E. Only targets mounted on target cross rails shall be permitted. No targets of any kind shall be set directly on the ground.
F. Warning signs noted 'Firing Range, Stay Clear' shall be posted outside the berms where visible from any location while approaching the berms.
2. General Requirements for new Trap and Skeet Range.
A. Minimum lot area: eight and one-half acres.
B. Minimum lot size: 300 feet (street side right-of-way). The range area must be 400 feet wide plus the width of the shooting range. A minimum of 200 feet is required from any property or street right-of-way line. The area of use must be 900 feet from any neighboring residential or commercial dwelling. The firing range must have 900 feet clear down range of firing line.
C. Only launched clay targets shall be used at a trap or skeet range. No targets of any kind shall be set directly on the ground.
D. Warning signs noted 'Firing Range, Stay Clear' shall be posted outside the designated area for trap and skeet shooting and must be visible from any location while approaching the trap or skeet range.
3. General Requirements for new Archery Range.
A. Minimum lot area: Not applicable (N/A).
B. Minimum lot size: The lot size will be dependent on the number of targets and the distance the targets are placed from the firing line. All targets must be located with a natural earth background or constructed berm such that the arrow of a missed target cannot land on a neighboring property or occupied areas. Targets set with clear and extended range beyond the target may be set up without a background berm providing that a missed target does not allow the arrow to land on a neighboring property or occupied area.
C. Warning signs noted 'Archery Range, Stay Clear' shall be posted outside the designated area for archery shooting and must be visible while approaching the archery range.
4. Existing rifle, pistol, trap, skeet and archery ranges prior to 4/6/15 shall be grandfathered and shall not be required to meet this requirement. However, these guidelines are highly recommended and will be required for any new range installation.
(Ord. 2024-01, 5/13/2024)
1. This accessory use is allowed only in the Conservation, Agricultural and Village Districts.
2. The use shall only be conducted by the owner of the property.
3. All service and/or repair activities shall be conducted within a wholly enclosed building that is detached from the principal building.
4. No vehicles, parts, tires or other materials shall be stored outside.
5. Any use involving the generation of waste grease and/or oil shall be required to install traps to collect these waste products. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by applicable State and/or Federal regulations.
6. Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke.
(Ord. 2024-01, 5/13/2024)
A. 1. On any lot or portion thereof on which a PSES is located, two principal uses may be permitted, one principal use being the PSES and the other being a principal use reserved unto the owner of the lot. This Section shall control over any inconsistent regulations in the Dover Township Zoning Ordinance.
2. A PSES shall be a use permitted by Special Exception in the A- Agricultural District, C - Commercial District, I - Industrial District, subject to the following criteria.
B. Minimum Lot Size. A PSES shall be located on a lot or lots with no less than 25 acres of contiguous land, provided that a PSES may be located on multiple contiguous parcels, provided that the minimum lot size for any individual parcel shall be five acres.
C. Setback Requirements. The following setback requirements shall apply for a PSES:
1. Perimeter Fencing - 25 feet from all property or public street/road right-of-way lines. No setbacks shall be required between contiguous parcels that are included within the PSES footprint.
2. Panels/equipment - 35 feet from all property lines and 50 feet from all public street/road right-of-way lines. No setbacks are required between contiguous parcels that are included within the PSES footprint.
3. In all cases there shall be a minimum distance of 75 feet between adjacent non-participating property lines and any component of the PSES including fences, buildings, panels, and other equipment.
D. Height. Except as otherwise provided in this Section, a PSES or any portion thereof, i.e. solar panels and racking systems shall not exceed 25 feet in height; provided, however, that substations, transmission lines and infrastructure connecting the PSES to the electrical grid shall not be subject to a height limitation.
E. Maximum Impervious Coverage. The total land area of a PSES may be covered by up to 25% of permanent impervious coverage. This requirement shall be calculated as a percentage of the total acreage within the PSES and not on an individual lot basis.
1. Any area under solar panels or other areas, that are maintained in a grassy or vegetative state shall be considered to be pervious surfaces. Grassy and vegetative areas shall be maintained in compliance with current PA Department of Environmental Protection Guidelines relating to solar farms.
2. The following components of a PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations:
(a) Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
(b) All mechanical equipment of PSES including any transformer, substation or structures for batteries or storage cells.
(c) Gravel or paved access roads and parking areas servicing the PSES.
F. Screening. The PSES shall be screened with a Type III screening in accordance with the Subdivision and Land Development Ordinance (SALDO) from non-participating parcels along the PSES, unless the affected landowner provides a written waiver of such screening. A PSES shall not be required to be screened from residences that are located on a participating parcel/lot of land or accessory buildings on adjoining properties. No buffering shall be required from a participating lot, except as provided herein. To the extent possible, existing trees and vegetation shall be retained and incorporated to satisfy any screening requirements.
1. Trees planted for such screening shall be of a species specified by the Township Subdivision and Land Development Ordinance or such other species of tree acceptable to the Township Engineer provided that such trees species shall achieve an opaque screen from required viewpoints within five years of planting.
2. Except as otherwise provided herein, all screening shall be designed and placed in accordance with the Township Subdivision and Land Development Ordinance and shall be included in accordance with the required land development plan.
3. Where a PSES abuts a public road, Type 3 screening will be required.
4. Screening that abuts a residential use shall be completed prior to any structures being built.
G. Access. At a minimum, a 25-foot-wide access road or driveway must be provided from a state or township roadway into the site within 25 feet of the street right-of-way line. Such access drive or driveway shall be designed and constructed in accordance with applicable Township Ordinances.
1. Maintenance access. Maintenance access shall be required. A 20-foot- wide area between the fence and all solar panels shall be passable and maintained in an unobstructed condition so as to permit vehicular travel along the interior perimeter of the fence.
H. Stormwater Management. Stormwater management shall be designed, constructed and maintained in accordance with the Township Stormwater Management Ordinance.
I. Design and Construction.
(1) The PSES owner shall comply with the Township subdivision and land development requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations.
(2) Standards. The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as enforced by the Township and with all other applicable Township Ordinances.
(a) PSES installers must certify they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:
i.) Is certified by the North American Board of Certified Energy Practitioners (NABCEP).
ii.) Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
(b) Glint and Glare - A PSES shall comply with applicable FAA requirements. Solar panels are required to utilize anti-reflective glare coatings and, to the extent possible, should be oriented to avoid potential glare on adjacent properties and roadways.
(c) A PSES shall comply with the Township's noise regulations in the Code of Ordinances
(d) The PSES owner shall be required to conduct base-line soil testing and additional testing at certain intervals (every five to ten years until removal of the panels) to assure no soil contamination. The PSES shall timely forward a copy of these soil testing reports containing the results to the Township engineer.
3. As a condition precedent to the issuance of a certificate of occupancy for the PSES, the owner of a PSES shall provide the Township with a written acknowledgment from the public utility company or the Regional Transmission Operator (RTO) to which the PSES will be connected that they have been informed of the customer's intent to install a grid connected PSES to their facilities.
4. No portion of the PSES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the PSES provided they comply with the prevailing sign regulations.
5. Prohibited Locations. A PSES shall not be placed within any storm water conveyance system or facility, in any location that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system, provided that collection lines may be placed over or under these features with acceptable vertical clearances or any land subject to an Agricultural Preservation Easement or within an Agricultural Security Area (ASA).
A. The PSES development area is equal to the total acres of land subject to lease by the PSES developer.
B. Solar Related Equipment Locations.
C. Solar Related Equipment may:
(1) Not be located on prime (Class I, II and III) agricultural soils;
(2) Only be located on 10% of the PSES development area containing prime soils; or
(3) Be limited to 10% of the development area containing prime soils, unless the area will be devoted to agrivoltaic activities, in which case 5% of the prime soils may be included in the development area. Agrivoltaic is the co-development of the same area of land for both solar photovoltaic power and Normal Farming Operations, as defined by P.L. 454, No. 133 (1982).
D. For each parcel on which a PSES, or a component of a PSES, is proposed, a map shall be provided by the Applicant detailing the PSES development area, the constrained area of the Class I, II, and III agricultural soils, and the portion of the PSES development that may be devoted to Solar Related Equipment.
E. Solar Related Equipment shall only be placed within that portion of any lot that has a defined PSES development area.
F. Solar Related Equipment shall not be located in:
(1) Floodways, as identified in the FEMA FIRM mapping.
(2) Regulated natural and man-made drainage corridors, extending 25 feet from the centerline of any such drainage feature, unless the Board of Supervisors at time of plan approval determines a lesser setback would create less impacts to the overall project.
(3) Wetlands.
(4) Riparian buffers extending 25 feet from any wetland or body of water, unless the Board of Supervisors at the time of plan approval determines a lesser setback would create less impacts to the overall project.
(5) Slopes in excess of 15%, unless the Board of Supervisors at the time of plan approval determines location in an area in excess of 15% would create less impacts to the overall project.
(6) Legal easements and rights-of-way.
(7) Setback areas.
(8) Woodland areas.
G. An applicant shall locate a Solar Energy System so that tree removal is not required to the extent practical. If the removal of trees is necessary in order to install a PSES, then an applicant shall present a plan demonstrating the necessity to remove trees and how they will be replaced.
H. Fencing/Security/Emergency Management.
(1) All PSES shall be completely enclosed by a minimum eight-foot-high fence and gates shall have locks. Fencing shall be of an agricultural type such as welded wire or post and rail fencing.
(2) Clearly visible warning signs shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards/danger.
(3) An Emergency Management Plan, consistent with standard operating practices of the industry shall be developed by the PSES owner/ operator and furnished to the Township, the local fire company and the York County Office of Emergency Management prior to the issuance of a building permit.
I. Lighting. Lighting shall not be permitted except to the extent required for security or by applicable federal, state, or local authority. Any lighting shall be directed downward so as to minimize negative impacts to adjacent uses.
J. Complaints/Contact Information. The PSES owner and/or operator shall maintain a phone number for the public to contact with inquiries and complaints throughout the life of the project and provide this contact information to the Township. The PSES owner and/or operator may update this contact information from time to time by providing revised contact information to the Township Zoning Officer. The PSES owner and/or operator shall respond to the public's inquiries and complaints within 48 hours of notice of the same.
K. Decommissioning/Removal.
(1) The PSES owner is required to notify the Township immediately upon cessation or abandonment of the operation of the PSES. After the initial commencement of commercial generation of electricity or power, the PSES shall be presumed to be discontinued or abandoned if no electricity or power is generated by such system for a period of six continuous months. However, if the PSES owner notifies the Township of a written plan to bring the PSES back into operation, the Township may toll this six-month period and shall notify the PSES owner of its decision within 45 business days of receipt of the PSES owner's notice.
(2) Prior to issuance of a building permit for the PSES, the owner shall provide financial security, in the form and amount of a bond, irrevocable letter of credit, or other financial security acceptable to the Township, to secure the expense of decommissioning, dismantling and removing said PSES and restoration of the land to its original condition, in the amount of 110% of the estimated decommissioning cost minus the salvageable value of the solar-related equipment, fencing, buildings, etc. Every five years, a new engineer's estimate of probable cost of decommissioning shall be submitted for approval in the same manner as the initial submission and the bond, letter of credit, or other financial security acceptable to the Township. This financial security shall be adjusted upward or downward as necessary. The owner of the PSES shall pay for all fees associated with the review and approval of each such decommissioning cost estimated by the Township Engineer.
(3) Removal of PSES facilities in decommissioning shall be completed in its entirety prior to the release of any financial security.
(a) Materials that cannot be re-sold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law.
(b) Any necessary permits, such as Erosion and Sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.
(c) Once the PSES is removed, any earth disturbance resulting from the removal shall be graded and seeded in order to re-establish a natural groundcover.
(d) The PSES owner shall have 12 months from the cessation or abandonment of the operation of the PSES in which to dismantle and remove the PSES, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, aboveground cabling, electrical, components, roads (unless the landowner requests in writing that the access roads are to remain), foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the PSES within the established timeframes, the Township may complete the decommissioning at the owner's expense, subject to any recovery under the financial security provided in accordance with (b) above. The Township may authorize one 12-month extension of such time for just cause shown by the PSES owner.
(Ord. 2024-01, 5/13/2024)
1. Consideration shall be given to traffic problems. If the nature of the public building or facility is such that it will generate a high volume of vehicular traffic then access should be via an arterial or collector street as designated in the Township's Thoroughfare Classification Plan.
2. Outdoor storage of materials and vehicles and related apparatus shall be completely enclosed with a six-foot high fence and screened from adjoining streets and properties.
3. Screening or fencing may be required where determined appropriate to form an effective visual barrier between the use and adjoining properties.
(Ord. 2024-01, 5/13/2024)
1. Front, side, and rear yard setbacks and lot coverage shall be provided in accordance with the regulations of the district in which the building is located. The lot area requirement shall be exempted.
2. Maximum height of buildings shall be as required by the district regulations.
3. The external design of the building shall, to the extent possible be in conformity with the buildings in the surrounding area.
4. Unhoused equipment shall be enclosed by a fence or wall not less than six feet in height, which shall be so constructed as not to have openings, holes or gaps larger than six inches in any direction and shall be limited to those items normally used by the utility. The required fence for unhoused equipment shall be surrounded by an evergreen screen planting when located adjacent to existing residential uses or in a residential district.
5. When the equipment totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located.
6. In residential districts, the permitted public facilities shall not include the storage of vehicles or equipment used in the maintenance of any utility and no equipment causing unreasonable noise, vibration, smoke, odor, or hazardous effect shall be installed.
7. A stormwater management plan shall be required.
(Ord. 2024-01, 5/13/2024)
1. In making determinations concerning special exceptions for quarrying operations, the Zoning Hearing Board must make findings as to the specific following factors:
A. Application.
(1) Prior to granting approval of the special exception, the applicant shall submit for review by the Planning Commission and approval of the Zoning Hearing Board a development or mining plan, operational requirements, and restoration/reclamation requirements.
(2) Prior to granting approval of the special exception, the applicant shall submit for review by the Planning Commission and the Zoning Hearing Board, a copy of all applications, plans, maps, and related information filed with any regulatory agency or body having jurisdiction and all permits issued with respect thereto.
B. Development or Mining Plan. A development plan or mining plan shall consist of a topographic plan with a contour interval of not greater than five feet showing all natural and man-made features, rights-of-way, easements, property lines, flood information, any other pertinent data, and a plan and cross-sections of the proposed surface mining including ground-water information. More specifically the plan shall include:
(1) Location of quarrying pit, buildings, stockpiles, waste piles in relation to other existing or planned uses in the area.
(2) Physical Factors.
(a) Soil, nature and characteristics, including possible erosion by water and wind.
(b) Drainage.
(c) Prevailing wind.
(3) Abutting land and streets, lateral support slopes and grades.
(4) A rehabilitation plan shall be filed with the Zoning Hearing Board stating the guarantee implementation plan for the best possible reuse.
C. Operational Requirements.
(1) Machinery, Equipment and Operations. All machinery, equipment and materials used in quarrying; all processing and manufacturing operations; and all hauling of quarrying products must be maintained, operated, or conducted in such a manner that in a residential zone:
(a) Flying objects and debris are not thrown.
(b) Noxious gases are not disseminated.
(c) There is no appreciable noise, vibration, dust, or mist.
(2) Barriers.
(a) Fencing. A six-foot substantial fence or other suitable barrier six feet high must surround the area of actual quarrying, unless such requirement is waived by the special exception issued by the Zoning Hearing Board. If guarded at all times, the entrance of the pit where adjacent to the quarry office, may be left unfenced.
(b) Screens. Where the quarry operations will substantially impair the beauty and character of the surrounding countryside, trees or shrubs must be planted, or attractive earth barriers erected, to screen the operation as far as practical from normal view.
(3) Washing. The washing of any earth material is permitted except:
(a) Where the quantity of water required will seriously affect the supply for residential uses in the area.
(b) Where the written opinion of the Pennsylvania Department of Environmental Protection, disposal of water will result in contamination, pollution, or excessive silting.
(4) Setbacks from Residential Zones. Where the lot or parcel land which is the focus of quarrying operations is adjacent to a residential zone:
(a) No stockpiles, waste piles, processing or manufacturing equipment, may be closer than 1,000 feet to the residential zone.
(b) No part of the quarrying pit, private access road, truck parking area, scales, or operational equipment, may be closer than 500 feet to the residential zone.
(5) Street Setbacks. From the right-of-way line of a public street or highway, no part of the quarrying pit, stockpiles, waste piles, processing or manufacturing equipment, scales, or operational equipment, may be closer than 100 feet.
(6) Property Line Setbacks. From a property line, except for those following:
(a) No part of the quarrying pit stockpiles, waste piles, processing or manufacturing equipment, may be closer than 200 feet.
(b) No private access road, truck parking area, scales, or operational equipment, may be closer than 100 feet.
(c) Where a quarry property abuts another quarry property, an operating railroad's right-of-way property or a property in an agricultural zone, no part of the quarrying operation except an access road may be closer than 50 feet.
(7) Access Drive. The access drive to the facility shall be paved within 200 feet from the street line.
D. Restoration or Reclamation Requirements.
(1) Restoration Required. Within two years after the termination of quarrying operations, the area of actual quarrying operations must be rehabilitated to a condition of reasonable physical attractiveness and, as practical, restored.
(2) Restoration Standards. In rehabilitating the area of actual quarrying operations, the owner or operator must comply with the following standards:
(a) Slope. The slope of earth material in any excavated pit must not exceed the angle of slippage.
(b) Topsoil and Ground Cover. Where filling of the pit is desirable and economically feasible, the fill must be of a kind and depth to sustain grass, plants or trees and such must be planted.
(c) Drainage. To prevent any silt, erosion debris, or other loose material from filling any existing drainage course, or encroachment on State or Township roads or private property, all surface drainage existing or developing by or through the topsoil site must be controlled by dikes, barriers, or drainage structures. All measures to control natural drainage or flood water must meet with the approval of the Board of Supervisors.
(d) Removal of Plant and Equipment. Within two years after termination of operations, all plant and equipment must be removed, except where the plant and equipment is still used for processing earth material from other properties. If substantially covered, foundations and piers maybe left in the ground.
(3) Reporting of Operational and Restoration Information. In order to keep the Zoning Officer abreast of impending termination of quarrying operations and plans for restoration as well as operational activities which he/she has a duty to check, each quarry owner or operator must submit to the Zoning Officer, annually in the month of October, the information following:
(a) Operational Data.
i.) Ownership and acreage of the land which is the site of quarrying operations, including all land held under contract or lease.
ii.) Type of earth resources quarried.
iii.) Present depth of quarrying operations.
(b) Location map, at a scale of one inch equals 100 feet, or such other scale acceptable to the Township, showing:
i.) All land owned or under option, contract or lease.
ii.) Lot or land quarried.
iii.) As practical, contours at 20-foot intervals extending beyond the site to the nearest public street or highway.
iv.) Private access roads and abutting streets and highways.
v.) Existing structures.
vi.) Existing stockpiles and waste piles.
vii.) Title, scale, north point, and date.
viii.) Fencing and screen planting. If fencing vegetation, give details of size and type.
(Ord. 2024-01, 5/13/2024)
1. The perimeter of the property shall be enclosed with a fence or wall no higher than eight feet and no lower than six feet in height. Barbed-wire fences are prohibited.
2. Requirements for indoor and outdoor storage are listed in the table below:
Type of Recyclable | Under Roof Y/N | Need to be Covered Y/N |
Type of Recyclable | Under Roof Y/N | Need to be Covered Y/N |
Beverage Containers | No | No |
Demolition Debris | No | No |
Electronics | Yes | N/A |
Metal | No | No |
Oil | Yes | N/A |
Paper | Yes | N/A |
Plastic | No | No |
Rubber Products | No | Yes |
Tires | Yes | Yes |
A. Batteries and other items considered hazardous waste shall not be kept on site.
B. Recycled oil shall be kept in an enclosed container at all times.
C. Any item that would create a hazardous run-off shall be kept under a roof or covered at all times.
D. Items such as newspaper, office paper, plastic, and drinking containers shall be secured so that they are not affected by the wind.
3. No pile of recyclables shall exceed 20 feet in height.
(Ord. 2024-01, 5/13/2024)
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