Complete Codification

LAB AMITY CODE 13404-10 C1 07/06/16 #C52777-02
CHAPTER I
ADMINISTRATION AND GOVERNMENT
Part 1
Elected Officials
Subpart A. Township Supervisors
Section 101. Annual Compensation

Section 102. Installment payments
Subpart B. Tax Collector
Section 150. Tax Collector Compensation

Section 151. Issuance of Tax Certifications
Section 152. Certification Fee
Section 153. Additional Service Fees
Section 154. Severability
Part 2
Appointed Officials
Subpart A. Township Manager
Section 201. Creation of Office

Section 202. Appointment and Removal
Section 203. Qualifications of Manager
Section 204. Bond
Section 205. Manager’s Compensation
Section 206. Responsibilities
Section 207. Reviews
Section 208. Disability or Absence
Subpart B. Code Enforcement Officer
Section 220. Establishment of Office

Section 221. Qualifications
Section 222. Duties
Section 223. Right of Entry
Section 224. Saving Clause
Subpart C. Delinquent Tax Collector
Section 240. Establishment of Office of Delinquent Tax Collector

Section 241. Powers and Duties of Delinquent Tax Collector
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Part 3
Local Taxpayers Bill of Rights
Section 301. Definitions

Section 302. Notice and Distribution of Disclosure Statement
Section 303. Requirements for Requests
Section 304. Minimum Time Periods for Taxpayer Response to Requests from
Local Taxing Authority
Section 305. Administrative Appeals
Section 306. Petitions
Section 307. Decisions
Section 308. Appeals
Section 309. Enforcement
Part 4
Attorneys Fees
Section 401. Statement of Policies

Section 402. Schedule of Fees
Section 403. Collection Procedures
Section 404. Related Action
Part 5
Authorities
Subpart A. Amity Township School Authority
Section 501. Intention and Desire to Organize

Section 502. Articles of Incorporation
Section 503. Publication of Notice
Section 504. Filing of Articles of Incorporation and Proofs of Publications
Subpart B. Amity Township Municipal Authority
Section 510. Intention and Desire to Organize

Section 511. Articles of Incorporation
Section 512. Publication of Notice
Section 513. Filing of Articles of Incorporation and Proofs of Publication
Section 514. Board Members
Section 515. Purpose
Part 6
Boards and Commissions
Subpart A. Parks and Recreation Board
Section 601. Establishment of Board of Recreation

Section 602. Appointment; Term; Compensation
Subpart B. Zoning Hearing Board
Section 610. Creation; Establishment

Section 611. Appointment; Term; Removal
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Section 612. Duties

Section 613. Pending and Previously Rendered Decisions
Section 615. Repeal; Re-enactment
Subpart C. Amity Township Planning Commission
Section 650. Creation and Establishment

Section 651. Number of Members; Terms of Office
Section 652. Powers and Duties
Subpart D. Amity Township Environmental Advisory Council
Section 670. Creation

Section 671. Number of Members
Section 672. Appointment; Terms of Office
Section 673. Compliance with Law
Section 674. Compensation
Section 675. Coordination of Activities
Section 676. Officers
Section 678. Records
Section 679. Funds
Subpart E. Amity Township Economic Development Advisory Council
Section 680. Creation

Section 681. Number of Members
Section 682. Appointment; Terms of Office
Section 683. Compliance with Law
Section 684. Compensation
Section 685. Coordination of Activities
Section 686. Officers
Section 689. Funds
Part 7
Plans
Subpart A. Emergency Response Plan
Section 701. Emergency Response Plan

Section 702. Emergency Management Coordinator
Section 703. Emergency Response Operations Center
Section 704. Emergency Response Committee
Section 705. Budget Expenditures for Emergency Response Operations Center
Subpart B. Comprehensive Plan
Section 710. Acknowledgments

Section 711. Adoption
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Part 8
Pensions and Pension Funds
Subpart A. Police Pension

Section 802. Funding of Pensions
Section 803. Administration
Section 804. Eligibility
Section 805. Normal Retirement
Section 806. Normal Retirement Benefit
Section 807. Total and Permanent Disability
Section 808. Termination Benefits and Vesting
Section 809. Expiration of Benefits
Section 810. Transfer or Assignment
Subpart B. Non-uniformed Employee Pension

Section 851. Funding of Pensions
Section 853. Eligibility
Section 854. Normal Retirement
Section 855. Normal Retirement Benefit
Section 856. Total and Permanent Disability
Section 857. Pre-Retirement Death Benefits
Section 858. Termination Benefits and Vesting
Section 859. Transfer or Assignment
Part 9
Records Retention
Section 901. Establishment of Records Retention Procedure

Part 10
Berks County Emergency Response Team

Section 1002. Grant of Power
Section 1004. Participation in Agency
Section 1005. Authority to Enter Agreement
Section 1006. Organization
Section 1007. Finances
Section 1008. Term
Section 1009. Municipality Participation
Section 1010 Agency Powers and Duties
Section 1011. Property
Section 1012. Agency Employees
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Part 1
Elected Officials
Subpart A. Township Supervisors
Section 101. Annual Compensation. Each Supervisor of the Township of

Amity seated to a term January 1, 1996, and continuing thereafter, whether by
election or appointment, shall receive compensation as a Supervisor in the annual
amount of Two Thousand Five Hundred Dollars ($2,500.00)
(Ordinance 150, December 18, 1995, Section 1)
Section 102. Installment Payments. Such compensation shall be payable and

be tendered to the respective Supervisor in monthly or quarterly installments as
may be determined appropriate by motion or resolution of the Board of Supervisors
adopted or enacted from time to time.
Subpart B. Tax Collector
Section 150. Tax Collector Compensation. The compensation of the Township

of Amity Tax Collector for the collection of taxes shall be $3.50 per tax bill
collected for all taxes assessed under 53 P.S.§ 3205 of the Second Class Township
Code.
(Ordinance 178, February 5, 2001, Section 1; as amended by Ordinance 282,

February 6, 2013, Section 1)
Section 151. Issuance of Tax Certifications. The duly elected tax

collector for the Township of Amity shall be and is hereby authorized and
appointed as a municipal officer to issue tax certifications upon request by the
general public, property owners, and other interested parties with regard to the
status of payment of said municipal taxes as may be necessary from time to time.
(Ordinance 152, April 22, 1996, Section 1)
Section 152. Certification Fee. The duly elected tax collector for the
Township of Amity, in the process of preparing and issuing such tax
certifications, shall be entitled to assess and collect a fee not to exceed Ten
Dollars (10.00) per certification request, which fee may be established, revised,
altered or amended from time to time by resolution of the Board of Supervisors as
is appropriate in their sole discretion.
Section 153. Additional Service Fees. The duly elected tax collector for
the Township of Amity shall and is hereby authorized to assess, collect and
retain such fee as is herein established or hereinafter revised, amended or
altered from time to time by resolution of the Board of Supervisors of the
Township of Amity as compensation for providing such additional service.
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Section 154. Severability. If any sentence, clause, section or part of

this Subpart is for any reason found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not affect or impair any
of the remaining provisions, sentences, clauses, sections or parts of this
Subpart. It is hereby declared as the intent of the Board of Supervisors of the
Township of Amity that this Subpart would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or part thereof
not been included herein.
(Ordinance 152, April 22, 1996, Section 5; as amended by Ordinance 178, February
5, 2001, Section 2)
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Part 2
Appointed Officials
Subpart A. Township Manager
Section 201. Creation of Office. The office of Township Manager

(“Manager”) for the Township of Amity (“Township”) is hereby created by the Board
of Supervisors (“Board”).
(Ordinance 174, May 8, 2000, Section 1)
Section 202. Appointment and Removal. The Manager shall be a citizen of

the United States at least twenty-one (21) years of age. The Manager will be
appointed/reappointed annually by the Board at the reorganization meeting in
January. The Manager shall serve at the pleasure of the Board and may be removed
at any time by a majority vote of the Board.
Section 203. Qualifications of Manager. The Manager shall be chosen

solely on the basis of his executive and administrative abilities, with special
reference to the duties of this office as herein outlined.
Section 204. Bond. Before entering his duties, the Manager shall give a
bond, in the sum established annually pursuant to a resolution of the Board, with
a bonding company as surety, to be approved by the Board, the premium for said
bond to be paid by the Township. The bond of the Manager may be included under
the blanket bond in force and effect for all Township employees.
Section 205. Manager’s Compensation. The salary of the Manager shall be

fixed by Resolution of the Board at the reorganization meeting. Retirement
benefits shall be addressed by the Non-uniform Pension Plan. Vacation, holiday
and sick days shall be addressed by the Non-uniform Employee Benefits as decided
by the Board.
Section 206. Responsibilities. The Manager shall be the chief

administrative officer representing the Township and shall be responsible to the
Board, as a whole, for the proper and effective administration for which affairs
he/she is responsible. The responsibility for administration of all Township
business shall be vested in the Manager at the discretion of the Board. The
responsibility of the Manager will be identified in a Manager’s job description.
Section 207. Reviews. The Board shall review annually the performance of
the Manager, the criteria for which shall be addressed in the Non-uniform
Employee Handbook.
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Section 208. Disability or Absence. In cases of illness or business that

necessitates the Manager’s absence, the Board may designate a qualified
replacement to perform his/her duties during the absence.
Section 209. Severability. Should any section, paragraph, clause or

phrase of this Subpart be declared unconstitutional or invalid by any court of
competent jurisdiction, the remainder of the Subpart shall not be affected
thereby, and shall remain in full force and effect.
Subpart B. Code Enforcement Officer
Section 220. Establishment of Office of Code Enforcement Officer. The

office of Code Enforcement Officer is hereby created and the executive official
in charge shall be known as the Code Enforcement Officer. He shall be appointed
by the Board of Supervisors and shall serve at the pleasure of the Supervisors
for an indefinite term of office. During temporary absence or disability of the
Code Enforcement Officer, the Supervisors shall designate an acting Code
Official. The Code Enforcement Officer is hereby charged with administering and
enforcing the terms and conditions of the Building Code, Plumbing Code, Fire
Prevention Code, Property Maintenance Code and Mechanical Code of the Township of
Amity.
(Ordinance 145, August 1, 1994, Section 5)
Section 221. Qualifications of Code Enforcement Officer. To be eligible

for appointment as Code Enforcement Officer, a person shall have had experience
as an architect, engineer, building inspector, superintendent of building
construction, contractor, or have had management and/or executive experience. He
shall be in good health, capable of making the necessary examination and
inspections. The Code Enforcement Officer shall not have any interest whatever,
directly or indirectly, in the sale or manufacture of any material, process or
device entering into or used in or in connection with building construction,
alterations, removal and/or demolition. If said appointee has had only
management and/or executive experience, it will be incumbent upon the Code
Enforcement Officer and/or the Township Supervisors to call upon the Township
Engineer or other competent and trained professionals as they deem necessary for
technical advice and inspections and/or examination.
Section 222. Duties of Code Enforcement Officer.
(a) The Code Enforcement Officer shall devote his time to the
duties of his office of Code Official and any other office or position
that he may hold under the government of the Township of Amity. He shall
receive applications required by the Codes adopted by the Township, issue
permits and furnish the prescribed certificates. He shall examine
premises for which permits shall have been issued and shall make necessary
inspections to ascertain that the provisions of the law and of the Codes
have been complied with and that construction shall be prosecuted safely.
He shall enforce the provisions of said Codes. He shall, when requested
by proper authority or when the public interest so requires, make
investigations in connection with the matters referred to in said Codes
and render written reports on the same. To enforce compliance with the
law and with said Codes, to remove illegal or unsafe construction or to
require adequate exit facilities in buildings and structures, he shall
issue such orders as may be necessary.
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(b) Inspections required by the provisions of the Codes adopted by

the Township shall be made by the Code Enforcement Officer and/or by the
Township Engineer. The Code Enforcement Officer may accept reports of
inspectors of recognized inspection services, after investigation of their
qualifications and reliability. No certificate called for by any
provision of said Codes shall be issued on any such report unless such
report shall be in writing and certified by a responsible officer of such
service.
(c) The Code Enforcement Officer shall keep comprehensive records

of applications, permits issued, certificates issued, inspections made,
reports rendered and notices and orders issued. He shall retain, on file,
copies of required plans and all documents relating to building work for
so long as any part of the building or structure to which they relate may
be in existence.
(d) All such records shall be open to public inspection for good
and sufficient reasons at the stated office hours, but shall not be
removed from the office of the Code Enforcement Officer without his
written consent.
(e) The Code Enforcement Officer shall make written report to the
Board of Supervisors once each month, or more often if requested,
including statements of permits and certificates issued and orders
promulgated.
Section 223. Right of Entry. The Code Enforcement Officer in the

discharge of his official duties, and upon proper identification, shall have
authority to enter any building, structure or premises in the Township at any
reasonable hour.
Section 224. Saving Clause. Nothing in this Subpart shall be construed to

affect any suit or proceeding now pending in any Court or any rights acquired or
liability incurred, or any cause or causes of action accrued or existing, under
any ordinance repealed hereby. Nor shall any right or remedy of any character be
lost, impaired or affected by this Subpart.
Subpart C. Delinquent Tax Collector
Section 240. Establishment of Office of Delinquent Tax Collector. The

elected tax collector of Amity Township shall be appointed as the Township
delinquent tax collector to provide for the collection of delinquent taxes in
accordance with 72 P.S. §5511.26a (Act 104 of 2000).
Section 241. Powers and Duties of Delinquent Tax Collector. The

delinquent tax collector is hereby provided the same powers, rights, privileges,
duties and obligations as are set forth in Section 686 of the Act of March 10,
1949 (P.L. 30, No. 14) known as the “Public School Code of 1949".
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Subpart. It is hereby declared as the intent of the Board of Supervisors of
Amity Township that this Subpart would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, Section or part thereof
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Part 3
Section 301. Definitions. The following words and phrases when used in
this Part shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
(a) Act 50. Act 50 of 1998, known as the “Local Taxpayers Bill of
Rights”.
(b) Appeals Board. A board of local tax appeals established under

Section 509 of the Act (relating to administrative appeals).
(c) Assessment. The determination by a local taxing authority of

the amount of underpayment by a taxpayer.
(d) Board of Supervisors. The Board of Supervisors of the

Township.
(e) Eligible Tax. Any of the following, including interest and

penalty provided by law, when levied by a political subdivision:
(1) Any tax authorized or permitted under the Act of

December 31, 1965 (P.L. 1257, No. 511), known as “The Local Tax
Enabling Act.”
(2) Any per capita tax levied under any act.
(3) Any occupation, occupation assessment or occupation

privilege tax levied under any act.
(4) Any tax on income levied under any act.
(5) Any tax measured by gross receipts levied under any act.
(6) Any tax on a privilege levied under any act.
(7) Any tax on amusements or admissions levied under any

act.
(8) Any tax on earned income and net profits.
Except as provided in Section 305 of this Chapter, the provisions of this

Part shall not apply to any tax on real property.
(f) Local Taxing Authority. A political subdivision levying an

eligible tax. The term shall include any officer, agent, agency, clerk,
income tax officer, collector, employee or other person to whom the Board
of Supervisors has assigned responsibility for the audit, assessment,
determination or administration of an eligible tax. The term shall not
include a tax collector or collection agency who has no authority to audit
a taxpayer or determine the amount of an eligible tax or whose only
responsibility is to collect an eligible tax on behalf of the Board of
Supervisors.
(g) Taxpayer. An individual, partnership, association,

corporation, limited liability company, estate, trust, trustee, fiduciary
or any other entity subject to or claiming exception from any eligible tax
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or under a duty to perform an act for itself or for another under or

pursuant to the authority of an act providing for an eligible tax.
(h) Township. The Township of Amity, Berks County, Pennsylvania.
(Ordinance 163, November 30, 1998, Section 1)
Section 302. Notice and Distribution of Disclosure Statement. The

Township, as a local taxing authority, shall notify any taxpayer contacted
regarding the assessment, audit, determination, review or collection of an
eligible tax of the availability of a disclosure statement. The local taxing
authority shall make copies of the disclosure statement available to taxpayers
upon request at no charge to the taxpayer, including mailing costs. A copy of
the notification shall read as follows:
You are entitled to receive a written explanation of your rights with

regard to the assessment, audit, appeal, enforcement, refund and
collection of local taxes. The written explanation is entitled “Amity
Township Taxpayers Bill of Rights Disclosure Statement”. Upon receiving a
request from you, the Township will provide you with a copy of the
Disclosure Statement at no charge. You may request a copy in person, or
by mailing a written request to the following address:
Amity Township
Township Secretary
2004 Weavertown Road
Douglassville, PA 19518
A copy will also be mailed to you if you call the Township Secretary at
telephone number 610-689-6000 weekdays during the hours of 9:00 a.m. to
3:30 p.m.
Section 303. Requirements for Requests. The Disclosure Statement shall

set forth the following information as required by Act 50 and shall be made
available for distribution as set forth in Section 302 of this Chapter:
(a) The rights of a taxpayer and the obligation of a local taxing

authority during an audit or administrative review of a taxpayer’s books
and records.
(b) The administrative and judicial appeals process.
(c) The procedure for filing and processing refund claims and
taxpayer complaints.
(d) The enforcement procedures.
Section 304. Minimum Time Periods for Taxpayer Response to Requests from
Local Taxing Authority.
(a) The taxpayer shall have at least thirty (30) calendar days
from the mailing date to respond to requests for information by a local
taxing authority. The local taxing authority shall grant additional
reasonable extensions upon application for good cause. Such applications
for extension shall be submitted in writing to the Board of Supervisors
prior to the expiration of said thirty (30) day period and shall specify
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the reasons for the requested extension and the facts supporting those
reasons.
(b) The local taxing authority shall review and respond to an

application for extension within fifteen (15) days of receipt of written
request of the application for extension. If the request is granted, the
Township shall inform the taxpayer of the number of days of the extension.
If the request is denied, the taxpayer shall immediately provide the
Township with the requested information. Failure to respond to the
written request for extension within said fifteen (15) day period shall be
deemed the grant of a thirty (30) day extension, which shall be subject to
additional applications for extension.
(c) A local taxing authority shall take no lawful action against a

taxpayer for the tax year in question until the expiration of the
applicable response period, including extensions.
Section 305. Administrative Appeals. The administrative process for

appeals shall consist of review and decision or hearing and decision by a local
tax appeals board appointed by the Board of Supervisors from time to time. The
appeals board shall consist of three (3) members. The members of the local tax
appeals board shall be residents of the Township and shall receive no
compensation for their service on the local tax appeals board.
Section 306. Petitions.
(a) Filing. A petition is timely filed if the letter transmitting

the petition, addressed to the Township Secretary at the Township offices
located at 2004 Weavertown Road, Douglassville, PA 19518, is postmarked by
the United States Postal Service on or before the final day on which the
petition is required to be filed. Deadlines for filing petitions to the
Board of Supervisors are as follows:
(1) Refund petitions shall be filed within three (3) years

after the due date for filing the report, as extended, or one (1)
year after actual payment of an eligible tax, whichever is later.
If no report is required, the petition shall be filed within three
(3) years after the due date for payment of an eligible tax or
within one (1) year after actual payment, whichever is later.
(2) Petitions for reassessment of an eligible tax shall be

filed within ninety (90) days of the date of the assessment notice.
(b) Contents. The petition shall contain all information required

by the form which is attached to the Disclosure Statement as Exhibit “A”.
Section 307. Decisions. Decisions on petitions submitted under

Section 306 of this Chapter shall be issued within sixty (60) days of the date a
complete and accurate petition is received by the Board of Supervisors. Failure
to act within sixty (60) days shall result in the petition being deemed approved.
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Section 308. Appeals. Any person aggrieved by a decision under this Part
who has a direct interest in the decision shall have the right to appeal to the
Court of Common Pleas of Berks County, Pennsylvania within thirty (30) days of
the adverse decision denying the petition. Failure to file an appeal to the
Court of Common Pleas of Berks County, Pennsylvania within said thirty (30) day
time period shall be deemed waiver of all rights of said taxpayer to further
appeal.
Section 309. Enforcement.
(a) Collection of Tax. The Township may pursue any and all legal
remedies prescribed by applicable federal, state and local laws, statutes,
ordinances, rules and regulations, including but not limited to the filing
of a civil lawsuit for collection of the delinquent tax and/or the filing
of a municipal lien, in order to collect the delinquent tax and all
accrued interest and penalties thereon.
(b) Interest and Penalties. In the event a taxpayer fails to make

payment of any eligible tax, interest shall accrue at the highest legal
rate permitted by law. In addition, the taxpayer may be subject to
penalties for failure to pay eligible taxes when due as prescribed by
applicable federal, state and local laws, statutes, ordinances and
regulations.

this Part is for any reason found to be unconstitutional, illegal or invalid,
of the remaining provisions, sentences, clauses, sections or parts of this Part.
It is hereby declared as the intent of the Board of Supervisors of the Township
of Amity that this Part would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been included
herein.
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Part 4
Attorneys Fees
Section 401. Statement of Policies. The Township of Amity hereby approves

the Statement of Collection Policies for delinquent unpaid taxes, user charges
and other items covered by the Municipal Claims Act (“Accounts”), or such other
policies and administrative statements as may be approved by the Board of
Supervisors for the Township of Amity by resolution or other formal enactment
from time to time.
(Ordinance 156, September 2, 1997, Section 1)
Section 402. Schedule of Fees.
(a) The Township hereby approves the following schedule of

attorneys fees for services in connection with the collection of Accounts,
which is hereby determined to be fair and reasonable compensation for the
services set forth in Section 3(a.1) of the Municipal Claims Law as added
by Act No. 1 of 1996 (the “Act”):
Fee for Services (Designated

in Time for Service to be
Legal Services Billed at Approved Rates)
Initial review and sending first demand 0.50 hours

letter
Prepare and transmit second demand 0.30 hours
letter
Prepare and file lien 0.75 hours
Prepare and file Writ of Scire Facias 0.50 hours
Obtain re-issued Writ 0.33 hours
Prepare and mail letter under Pa. R.C.P. 0.25 hours
§237.1
Prepare Motion for Alternate Service 0.50 hours
Prepare and file Motion for Summary 0.75 hours
Judgment and related Judgment
Prepare and file Writ of Execution 0.40 hours
Attendance at sale; review Schedule of 1.50 hours
Distribution and resolve distribution
issues
Services not covered above Hourly amount equal to solicitor’s
regular charges to Township
(b) There shall be added to the above amounts the reasonable out-
of-pocket expenses of counsel in connection with each of these services,
as itemized in the applicable counsel bills, which shall be deemed to be
part of the fees.
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(c) The amount of fees determined as set forth above shall be

added to the Township’s claim in each account.
Section 403. Collection Procedures. The following collection procedures

are hereby established in accordance with Act No. 1:
(a) At least thirty (30) days prior to assessing or imposing

attorneys fees in connection with the collection of an account, the
Township shall mail or cause to be mailed, by certified mail, return
receipt requested, a notice of such intention to the taxpayer or other
entity liable for the Account (the “Account Debtor”).
(b) If within thirty (30) days after mailing the notice in

accordance with subsection (a), the certified mail to any Account Debtor
is refused or unclaimed or the return receipt is not received, then at
least ten (10) days prior to the assessing or imposing such attorney fees,
the Township shall mail or cause to be mailed, by first class mail, a
second notice to such Account Debtor.
(c) All notices required by this Part shall be mailed to the

Account Debtor’s last known post office address as recorded in the records
or other information of the Township, or such other address as it may be
able to obtain from the Board of Assessment Appeals and/or the Recorder of
Deeds.
(d) Each notice as described above shall include the following:
(1) The type of tax or other charge, the date it became due
and the amount owed, including penalties and interest;
(2) A statement of the Township’s intent to impose or assess

attorneys fees within thirty (30) days after the mailing of the
first notice, or within ten (10) days after the mailing of the
second notice;
(3) The manner in which the assessment or imposition of

attorneys’ fees may be avoided by payment of the Account;
(4) The place of payment for Accounts and the name and/or
title of the Township official designated to be responsible for
collection matters; and
(5) For the purpose of this Part and the implementation of

attorneys’ fees to be charged to such collection activities, the
solicitor’s hourly rate shall be the same as that would be otherwise
chargeable to the Township for other services rendered by the
solicitor and as approved by the Board of Supervisors at their
annual reorganization meeting.
Section 404. Related Action. The proper officials of the Township are
hereby authorized and empowered to take such additional action as they may deem
necessary or appropriate to implement this Part. (Ordinance 156, September 2,
1997, Section 4)
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Part 5
Authorities
Subpart A. Amity Township School Authority
Section 501. Intention and Desire to Organize. The Board of Supervisors

hereby signifies its intention and desire to organize an Authority, under the
provisions of the Municipality Authorities Act of 1945, P.L. 382, as amended by
the Act of 1974, P.L. 571.
Section 502. Articles of Incorporation. The Chairman of the Board of

Supervisors and the Secretary thereof are hereby authorized and directed to
execute on behalf of the Township of Amity, Articles of Incorporation for said
Authority in the following form:
ARTICLES OF INCORPORATION
TO THE SECRETARY OF THE COMMONWEALTH,

COMMONWEALTH OF PENNSYLVANIA:
In compliance with the requirements of the Act of May 2, 1945 P.L.

382 as amended by the Act of June 12, 1947 P.L. 571, known as
“Municipality Authorities Act of 1945" the Township of Amity, Berks
County, Pennsylvania, desiring to incorporate an Authority thereunder,
does hereby certify:
1. The name of the Authority is “AMITY TOWNSHIP SCHOOL AUTHORITY”.
2. Said Authority is formed by the Township of Amity, Berks County,

Pennsylvania, under the provisions of the Act of May 2, 1945 P.L. 382 as
amended by the Act of June 1974 P.L. 571.
3. No other Authority organized under this Act or under the act

approved the twenty-eighth day of June, 1935, P.L. 163, is in existence in
or for the incorporating municipality.
4. The name of the incorporating municipality is the Township of

Amity, Berks County, Pennsylvania.
5. The names and addresses of its municipal authorities are as

follows: 1
6. The names and addresses and terms of office of the first members
of the Board of the said Authority to be formed hereby are as follows: 2
1Here
follow the names and addresses of the first members of the Board
of Supervisors of the Authority.
2Here
follow the names, addresses and terms of office of the first
members of the Board of the Authority.
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7. The ordinance authorizing the creation of the said Authority,

certified from the records of the Board of Supervisors of Amity Township,
together with advertisement of notice of filing these Articles of
Incorporation, are each submitted herewith.
IN WITNESS WHEREOF, the undersigned have executed these Articles on behalf

of the Township of Amity, Berks County, Pennsylvania, this 6th day of
November, 1950.
By: /s/ J. Hunter Dilzer

J. Hunter Dilzer, Chairman
Attest: /s/ Irwin L. Geiger, Secretary

Irwin L. Geiger, Secretary
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF BERKS :
On this 6th day of November, A.D. 1950 before me, the undersigned,
personally came the above J. Hunter Dilzer, Chairman, and Irwin L. Geiger,
Secretary, whose official positions in the Township of Amity are
respectively Chairman of the Board of Supervisors and Secretary of the
Board of Supervisors, and who in due form of law acknowledged the
foregoing to be the act and deed of the Township of Amity for the purposes
therein specified.
WITNESS my hand and Notarial seal the day and year above written.
/s/ Howard W. Body____ _

Notary Public
My commission expires:
March 5, 1953
Section 503. Publication of Notice. The proper officers of the Township

of Amity are hereby directed to cause a notice of this Ordinance to be published
one (1) time in a newspaper published and of general circulation in the County of
Berks, and one (1) time in the Berks County Law Journal, the legal periodical in
the County of Berks, as directed by the Act of May 2, 1945, P.L. 382, as amended
by the Act of June 12, 1947, P.L. 571. In the publication of the Ordinance as
provided in said Act, it shall not be necessary to set forth the proposed
Articles of Incorporation in full, but to set forth briefly the substance thereof
and to refer to the provisions of the Act.
Section 504. Filing of Articles of Incorporation and Proofs of

Publication. The Chairman of the Board of Supervisors and the Secretary thereof
are directed to file said Articles of Incorporation together with the necessary
proofs of publication with the Secretary of the Commonwealth and to do all other
acts and things necessary or appropriate to effect the incorporation of the Amity
Township School Authority.
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Subpart B. Amity Township Municipal Authority
Section 510. Intention and Desire to Organize. The Board of Supervisors

of Amity Township hereby signifies its intention and desire to organize a
municipality authority (the “Authority”) under provisions of the Act of the
General Assembly of the Commonwealth of Pennsylvania, approved May 2, 1945, P.L.
382, known as the “Municipality Authorities Act of 1945", as amended and
supplemented (the “Authorities Act”), for the purpose of exercising any and all
powers conferred by the Authorities Act.
Section 511. Articles of Incorporation. The Chairman or Vice Chairman of

the Board of Supervisors and the Secretary-Treasurer, respectively, of this
Township hereby are authorized and directed to execute, in behalf of this
Township, Articles of Incorporation for such Authority in substantially the
following form:
ARTICLES OF INCORPORATION
TO: THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA
In compliance with requirement of the Act of the General Assembly of

the Commonwealth of Pennsylvania, approved May 2, 1945, P.L. 382, known as
the “Municipality Authorities Act of 1945", as amended and supplemented,
and pursuant to an Ordinance duly enacted by the municipal authorities of
the Township of Amity, Berks County, Pennsylvania, expressing the
intention and desire of the municipal authorities of said municipality to
organize a municipality authority under provisions of said Act, the said
incorporating municipality hereby does certify:
1. The name of the Authority is “AMITY TOWNSHIP MUNICIPAL

AUTHORITY”.
2. The Authority is formed under provisions of the Act of the

General Assembly of the Commonwealth of Pennsylvania, approved May 2,
1945, P.L. 382, as amended and supplemented, known as the “Municipality
Authorities Act of 1945".
3. No other municipality authority has been organized under

provisions of the Act of the General Assembly of the Commonwealth of
Pennsylvania, approved May 2, 1945, P.L. 382, as amended and supplemented,
known as the “Municipality Authorities Act of 1945", or under provisions
of the Act of the General Assembly of the Commonwealth of Pennsylvania,
approved June 28, 1935, P.L. 463, as amended and supplemented, and is in
existence in or for the said incorporating municipality, except that the
municipal authorities of the Township of Amity, Berks County,
Pennsylvania, heretofore have organized the “Amity Township School
Authority” under provisions of the Act of the General Assembly of the
Commonwealth of Pennsylvania, approved May 2, 1945, P.L. 382, as amended
and supplemented, known as the “Municipality Authorities Act of 1945".
4. The name of the incorporating municipality is:

Township of Amity
Berks County, Pennsylvania
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5. The names and addresses of the municipal authorities of the said

incorporating municipality are: 3
6. The names, addresses and terms of office of the first members of

the Board of the Authority, each of whom is a resident and citizen of said
incorporating municipality, are as follows: 4
IN WITNESS WHEREOF, the TOWNSHIP OF AMITY, Berks County,

Pennsylvania, has caused these Articles of Incorporation to be executed by
the Chairman or Vice Chairman of its Board of Supervisors and to be
attested by its Secretary-Treasurer, and its official seal to be affixed
hereunto, this 2nd day of December, 1964.
TOWNSHIP OF AMITY,
Berks County, Pennsylvania
By: /s/ Irwin L. Geiger

Chairman of the Board
of Supervisors
Attest: /s/ Russell H. High

Secretary/Treasurer
(SEAL)
Section 512. Publication of Notice. The Chairman or Vice Chairman of the

Board of Supervisors and the Secretary-Treasurer, respectively, of this Township
hereby are authorized and directed to cause notice of the substance of this
Ordinance, including the substance of the foregoing Articles of Incorporation,
and of the proposed filing of such Articles of Incorporation, to be published as
required by the Authorities Act.
Section 513. Filing of Articles of Incorporation and Proofs of

Publication. The Chairman or Vice Chairman of the Board of Supervisors and the
Secretary-Treasurer, respectively, of this Township hereby are authorized and
directed to cause such Articles of Incorporation, together with necessary proofs
of publication, to be filed with the Secretary of the Commonwealth of
Pennsylvania and to do all other acts and things necessary or appropriate in
order to effect the incorporation of the Authority, including payment of any fees
necessary in connection therewith.
3
Here follow the names and addresses of the first members of the Board
of Supervisors of the Authority.
4
Here follow the names, addresses and terms of office of the first
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Section 514. Board Members. The following named persons shall be and they
hereby are appointed as the first members of the Board of the Authority for the
following terms of office: 5
Section 515. Purpose. The enactment of this Ordinance is deemed necessary

for the benefit of and preservation of the public health, peace, comfort and
general welfare of and will increase the prosperity of the citizens of this
Township.
5
Here follow the names, addresses, and terms of office of the first
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Part 6
Boards and Commissions
Subpart A. Parks and Recreation Board
Section 601. Establishment of Board of Recreation. The power to equip,

operate and maintain playgrounds, play fields, gymnasiums, public baths, bathing
places, swimming pools or recreation centers shall be exercised by a Recreation
Board for which purpose such Recreation Board is hereby established. Such Board
shall consist of five (5) persons.
(Ordinance 31, March 15, 1968, Section 1; as amended by Ordinance 32, April 4,
1969, Section 1; as further amended by Ordinance 96, July 1, 1985, Section 1)
Section 602. Appointment; Term; Compensation. The Board shall be

appointed by the Board of Supervisors of the Township of Amity, and each member
thereof shall serve for a term of five (5) years or until his or her successor is
appointed, except that the members of such Board first appointed shall be
appointed for such terms, so that the term of one member shall expire annually
thereafter. Members of such Board shall serve without pay. Women shall be
eligible for appointment. Vacancies occurring, otherwise than by expiration of
term, shall be filled for the unexpired term in the same manner as the original
appointments.
(Ordinance 31, March 15, 1968, Section 2)
Subpart B. Zoning Hearing Board
Section 610. Creation; Establishment. There is hereby created and

established an expanded Zoning Hearing Board to be composed of five (5) members,
appointed as provided by law and pursuant to the authority granted by the
Pennsylvania Municipalities Planning Code, the Act of October 4, 1978, P.L. 990,
No. 203, Section 1, as amended and re-enacted by the Act of December 21, 1998,
P.L. 1329, No. 170, Section 80, et seq., 53 P.S. 10903.
(Ordinance 125, October 1, 1990, Section 1)
Section 611. Appointment; Term; Removal. The members of the Zoning

Hearing Board shall be appointed by the Board of Supervisors for the Township of
Amity for a term of five (5) years following such an appointment, such term to be
so fixed that the term of office of one (1) member of the Zoning Hearing Board
shall expire annually. Notwithstanding the aforesaid, the term of office of the
three (3) members making up the Zoning Hearing Board on the date immediately
prior to the effective date of this Subpart shall continue in office until their
term would expire as under the prior Ordinance and law. Further, notwithstanding
the appointment for a specific term of office, a Zoning Hearing Board member may
remain in such office at the discretion of the Board of Supervisors until a
successor qualifies or is appointed and, further, the Board of Supervisors may
remove any member of the Zoning Hearing Board at their pleasure and discretion
for failure to perform the duties and obligations of a member of such Zoning
Hearing Board.
Section 612. Duties. The members of the Zoning Hearing Board shall serve
and perform such functions as are established by the Pennsylvania Municipalities
Planning Code and the Amity Township Ordinance creating a Zoning Hearing Board
and such additional functions, duties, obligations or services as may be
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established from time to time by directive and resolution of the Board of

Supervisors.
Section 613. Pending and Previously Rendered Decisions. Nothing herein

shall be construed as abrogating, negating or limiting the authority of the
Zoning Hearing Board or its members as permitted by law with reference to either
applications now pending before the Zoning Hearing Board or applications and
decisions previously rendered.

such defect shall not effect or impair any of the remaining provisions or parts
of this Subpart, it being the intention of the Board of Supervisors that this
Subpart would have been adopted and such unconstitutional, illegal or invalid
sentence, clause, section or part thereof not been included herein.
Section 615. Repeal; Re-enactment. All ordinances or parts of ordinances

which are inconsistent herewith are hereby repealed, however the ordinance
creating and establishing the Zoning Hearing Board as originally constituted by a
three (3) member Board is specifically re-enacted with the exception of the
expansion of the Zoning Hearing Board membership from three (3) members to five
(5) members.
Subpart C. Amity Township Planning Commission
Section 650. Creation and Establishment. A Township Planning Commission,

consisting of five (5) members, is hereby created and established for Amity
Township, Berks County, Pennsylvania, pursuant to the provisions of Article XX-A,
Section 2051 of the Second Class Township Code, as amended by the Article of
July 13, 1953, P.L. 404.
Section 651. Number of Members; Terms of Office. The Planning Commission

shall be comprised of five (5) members who shall be appointed for a term of
office of five (5) years except that the terms of office of the original members
shall be fixed at one (1) year, two (2) years, three (3) years, four (4) years,
and five (5) years, respectively, to be established in a series of overlapping
terms, with one (1) term expiring each year.
Section 652. Powers and Duties. The Planning Commission shall have all
the powers and duties conferred and imposed upon it as set forth in said Article
XX-A, of the Second Class Township Code, as amended by the Article of July 13,
1953, P.L. 404.
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Subpart D. Amity Township Environmental Advisory Council
Section 670. Creation. An advisory council to be known as the Amity

Township Environmental Advisory Council (the "Council") is hereby created and
shall continue to function until this Subpart is repealed.
Section 671. Number of Members. The Council shall be composed of five (5)
voting members at least three (3) of whom shall be residents and the other two
(2) of whom shall own property in the Township. The voting members of the
Council may consist of up to five (5) residents, but may contain up to two (2)
property owners whose residence is not in the Township. The Council may also
have an unlimited number of associate members, who may be either residents of or
property owners in the Township. Said associate members may participate in
discussions, deliberations and activities of the Environmental Advisory Council,
but shall not have a vote on any issue or on appointments of officers, nor shall
said nonvoting members be counted towards a quorum.
(Ordinance 218, November 15, 2005, Section 1; as amended by Ordinance 240,

October 2, 2007, Section 1)
Section 672. Appointment; Terms of Office. Voting Council members shall

be appointed in accordance with the following procedures:
(a) All Council members shall be appointed by the Board.
(b) Voting Council members’ terms of office shall expire on the

first Monday in January following the last year of their term of office.
Non-voting associate members may be appointed at any time, and shall not
serve for any set period of time. Non-voting associate Council members
may be removed by a majority vote of the Council or Board of Supervisors
at any time, with or without cause.
(c) Duly appointed voting Council members shall serve a term of

three (3) years, except that initial appointments shall be so staggered
that the terms of approximately one-third (1/3rd) of the Council members
shall expire each year.
(d) Whenever possible, one (1) voting Council member shall also
be a member of the Township Planning Commission.

Section 673. Compliance with Law. All members are to comply with the
Pennsylvania Ethics Law, Act 170 of 1978, as amended, and the conflicts of
interest policies under the Bylaws of the Berks County EAC.
Section 674. Compensation. Council members shall receive no compensation

for their services, but may be reimbursed for the expenses actually and
necessarily incurred by them in the performance of their duties, with the
approval of the Board.
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Section 675. Coordination of Activities. The Council shall be advisory

to, and shall coordinate its activities with, the Board, the Township Planning
Commission, the Township Parks and Recreation Board, and other local
governmental boards and agencies.
Section 676. Officers. The voting members of the Council shall designate
the chairman, vice chairman and secretary of the Council.

Section 677. Powers and Duties. The Council shall have the following
powers:
(a) Identify environmental issues affecting the Township, the

areas surrounding the Township, and the Township's residents.
(b) Recommend plans and programs to the appropriate agencies for

promotion and conservation of natural resources and for the protection
and improvement of the quality of the environment within the Township and
the areas surrounding the Township.
(c) Make recommendations as to the possible use of open land

areas within the Township.
(d) Promote a community environmental program.
(e) Keep an index of all open areas, publicly or privately owned,

including but not limited to flood prone areas, swamps and unique natural
areas.
(f) Advise the appropriate local governmental agencies in the

acquisition of real property within the Township.
(g) Undertake such environmental tasks as requested by the Board

and/or propose environmental issues that the Council considers to be
significant to be undertaken within the community.
(h) The Council shall operate in accordance with the Bylaws of the
Council, as approved and amended from time to time by the Board.
Section 678. Records. The Council shall keep records of its meetings and
activities and shall make an annual report to the Board which shall be made
publicly available. Minutes of each meeting of the Council shall be forwarded to
the Board.
Section 679. Funds. The Board may, from time to time, appropriate funds
for expenses to be incurred by the Council.
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Subpart E. Amity Township Economic Development Advisory Council
Section 680. Creation. An advisory council to be known as the Amity

Township Economic Development Advisory Council (the "Council") is hereby created
and shall continue to function until this Subpart is repealed.
Section 681. Number of Members. The Council shall be composed of either

five (5) or seven (7) members, at the discretion of the Board of Supervisors, as
follows:
(a) If the Council is a seven (7) member Council, at least

five (5) members shall be residents of Amity Township, with at least three
(3) of these resident members physically residing in Amity Township, and
the other two (2) of whom shall own property in Amity Township, but need
not physically reside in the Township. Of the remaining two (2) members,
one (1) member shall be a resident of Union Township, and one (1) member
shall be a resident of the Borough of Birdsboro.
(b) If the Council shall consist of five (5) members, at

least three (3) members shall physically reside in Amity Township, and the
remaining two (2) members shall own property in Amity Township, but need
not be residents of Amity Township.
Section 682. Appointment; Terms of Office. Council members shall be

appointed in accordance with the following procedures:
(a) All Council members shall be appointed by the Board.
(b) Council members' terms of office shall expire on the first

Monday in January following the last year of their term of office.
(c) Duly appointed Council members shall serve a term of three

(3) years, except that initial appointments shall be so staggered that
the terms of approximately one-third (1/3rd) of the Council members shall
expire each year.
(d) Whenever possible, one (1) Council member shall also be a

member of the Township Planning Commission.
Section 683. Compliance with Law. All members are to comply with the
Pennsylvania Ethics Law, Act 170 of 1978, as amended, and the conflicts of
interest policies of Amity Township, Berks County.
Section 684. Compensation. Council members shall receive no compensation

for their services, but may be reimbursed for the expenses actually and
necessarily incurred by them in the performance of their duties, with the
approval of the Board.
Ordinance 224, May 2, 2006, Section 1)
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Section 685. Coordination of Activities. The Council shall be advisory

to and shall coordinate its activities with the Board, the Township Planning
Commission and other local governmental boards and agencies.
Section 686. Officers. The members of the Council shall designate the
chairman, vice chairman and secretary of the Council.
Section 687. Powers and Duties. The Council shall have the following
powers:
(a) Identify economic development issues, problems, challenges

and opportunities affecting the Township, the areas surrounding the
Township and the Township's residents.
(b) Recommend plans and programs to the appropriate agencies for

promotion of responsible business development and improvement of the
business climate within the Township and the areas surrounding the
Township.
(c) Make recommendations as to the optimal uses of land for

purposes of business development within the Township.
(d) Promote a community business development program.
(e) Keep an index of all areas, publicly or privately owned,

which are suitable for business development.
(f) Advise the appropriate local governmental agencies in the

acquisition of real property within the Township.
(g) Undertake such tasks as requested by the Board and/or to

propose business development/economic opportunity issues that the Council
considers to be significant to be undertaken within the community.
(h) The Council shall operate in accordance with the Bylaws of the
Council, as approved and amended from time to time by the Board.
Section 688. Records. The Council shall keep records of its meetings and
activities and shall make an annual report to the Board which shall be made
publicly available. Minutes of each meeting of the Council shall be forwarded to
the Board.
Section 689. Funds. The Board may, from time to time, appropriate funds
for expenses to be incurred by the Council.
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Part 7
Plans
Subpart A. Emergency Response Plan
Section 701. Emergency Response Plan. The Amity Township Emergency

Response Plan, a true and correct copy of which is on file in the Office of the
Township at the Township Municipal Building, 2004 Weavertown Road, Douglassville,
PA 19518, is hereby approved and shall be implemented to prevent and minimize
such injury and damage as may be caused by any disaster or emergency designated
by either the Commonwealth Emergency Management Agency or the Board of
Supervisors of Amity Township by and through the Municipal Emergency Response
Coordinator, and said Plan is hereby adopted, subject to appropriate amendment as
may be necessary from time to time, to insure prompt and effective response to
disaster and emergency circumstances consonant with the Pennsylvania Emergency
Management Plan.
Section 702. Emergency Management Coordinator. The office, position and

title of Emergency Management Coordinator is hereby created, which individual
shall be responsible for planning, administration and operation of the Amity
Township Emergency Response Plan and Emergency Response Committee, as that office
is established, authorized and defined by the Pennsylvania Emergency Preparedness
Act, 35 Pa. C.S.A. 7502. The Board of Supervisors of Amity Township shall from
time to time, as is appropriate, recommend the name of a qualified individual to
be appointed by the Governor of the Commonwealth of Pennsylvania to fill the
position of Amity Township Emergency Management Coordinator. The Amity Township
Emergency Management Coordinator shall have such duties, obligations and
responsibilities as may be set forth in the Pennsylvania Emergency Preparedness
Act, 35 Pa. C.S.A. 7502, as the same may be amended from time to time by the
Commonwealth of Pennsylvania, and such further duties and responsibilities as may
be specifically set forth in the Amity Township Emergency Response Plan as may be
in effect from time to time. The Board of Supervisors of Amity Township does
hereby specifically confirm and ratify the nomination and appointment of Harold
Riegel as the Amity Township Emergency Management Coordinator subject to
confirmation for said appointment by the Governor of the Commonwealth of
Pennsylvania and subject to such successor appointees as may be designated from
time to time by resolution of the Board of Supervisors.
Section 703. Emergency Response Operations Center. An Emergency Response

Operations Center is hereby created and established in the Amity Township
Municipal Building, Amity Township, Berks County, Pennsylvania. Said Operations
Center shall consist of necessary equipment, machinery and other items as will be
necessary to organize, prepare and implement sufficient warning and communication
activities and direct or supply sufficient man power, materials, facilities and
services as may be necessary for disaster emergency readiness, response and
recovery. The Township Emergency Operations Center shall be available at all
times for use and occupation by the Emergency Management Coordinator, his staff
and appropriate municipal officials in the event of the declaration of an
emergency or disaster by the Commonwealth Emergency Management Agency or the
Municipal Emergency Management Coordinator.
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Section 704. Emergency Response Committee. The Emergency Management

Coordinator, as may be appointed from time to time, shall identify and create an
Emergency Response Committee to consist of appropriate volunteers, municipal
officials and health and safety officers of the Commonwealth, the County and the
Township as will be necessary to address the consequences and respond to any
emergency or disaster as may arise within the boundaries of the Township of
Amity. The Emergency Management Coordinator is hereby authorized to nominate and
recommend appropriate individuals to staff the Emergency Operations Center
maintained by the Township which individuals shall be provided with appropriate
training and such information and direction as may be necessary to adequately and
properly respond to all emergencies and/or disasters which may occur within the
boundaries of the Township. The Emergency Management Coordinator shall provide
the Board of Supervisors of Amity Township with a list of volunteers, municipal
officials and public health and safety officers who will act as staff for the
Emergency Operations Center and who shall constitute the Emergency Response
Committee on or before the fifteenth (15th) day of January of each year
hereafter.
Section 705. Budget Expenditures for Emergency Response Operations Center.

The Township Emergency Response Coordinator, as may be appointed from time to
time, shall provide the Board of Supervisors of Amity Township with a list of
machinery, equipment, goods and materials as may be necessary from time to time
to equip and furnish the Township Emergency Operations Center. The Emergency
Management Coordinator shall further provide the Board of Supervisors of Amity
Township with a written budget proposal of necessary expenditures to equip and
furnish the Emergency Response Operations Center on or before the fifteenth
(15th) day of October of each and every year hereafter, which budget shall be
received and reviewed by the Board of Supervisors for incorporation into the
municipal budget subject to specific approval of any and all budget proposals and
actual expenditures by the Board of Supervisors of Amity Township. Any and all
expenses incurred to date and expenditures authorized to date with regard to the
acquisition of equipment or furnishings for the Emergency Response Operations
Center are hereby specifically ratified and approved as if the same were
previously authorized by the Board of Supervisors of Amity Township.
Subpart B. Comprehensive Plan
Section 710. Acknowledgments. In December of 1989, the Amity Township

Board of Supervisors retained the services of Motley Engineering Co., Inc. to
prepare a Comprehensive Plan for Amity Township. Motley Engineering would like
to extend its appreciation to the Amity Township Board of Supervisors,
Administrative Staff, Solicitor and especially the Planning Commission for their
time, participation and knowledge, thus making this Plan possible.
(Ordinance 124, July 30, 1990)
Section 711. Adoption. The Comprehensive Plan of Amity Township was

officially adopted by the Amity Township Board of Supervisors on July 30, 1990.
A copy of the Township’s Comprehensive Plan is on file in the office of the
Township at the Township Municipal Building, 2004 Weavertown Road, Douglassville,
PA 19518.
(Ordinance 124, July 30, 1990)
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Part 8
Pension and Pension Funds
Subpart A. Police Pension
Section 801. Definitions. For the purposes of this Subpart, the following
definitions shall apply:
(a) Age. Age at nearest birthday.
(b) Accrued Benefit. The Member's Normal Retirement Benefit

multiplied by the ratio of (1) over (2), where
(1) equals the years and months of service completed by the

Member as a police officer for the Township as of his termination of
employment, and
(2) equals the years and months of service the Member would
have completed if he had continued to work as a police officer for
the Township until his Normal Retirement Date.
(c) Average Monthly Condensation. Shall mean the average of a

Member's Monthly Compensation over the last thirty-six (36) months of
employment.
(d) Compensation. Shall mean the total compensation, including

overtime, paid to an employee for services rendered as a Police Officer,
and shall exclude "buy backs" and “severance pay."
(e) Employer. The Township of Amity, Berks County, Pennsylvania.
(f) Fund. The Amity Township Police Pension Plan Trust Fund.
(g) Members. All Police Employees who meet the requirements set
forth in Section 804 of this Subpart. The masculine pronoun shall include
the feminine.
(h) Municipality. The Township of Amity, Berks County,

Pennsylvania.
(i) Plan. The Amity Township Police Pension Plan. The Plan’s
Fiscal Year is the calendar year.
(j) Township. The Township of Amity, Berks County, Pennsylvania.
(Ordinance 213, June 7, 2005, Section 1; as amended by Ordinance 264, April 7,

2010, Section 1)
Section 802. Funding of Pensions. This plan is to be funded and

maintained by any of the following methods, or combination of each:
(a) General Fund. Contributions from the General Fund of the

Township which may be required after appropriate approval of the Township
Supervisors.
(b) Member Contributions. All Members shall make contributions

which shall be five percent (5%) of their total compensation. The
Township Supervisors may, on an annual basis, by ordinance or resolution,
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reduce or eliminate contributions into the Plan by Members. The Township

may, but need not, have an actuarial study performed prior to reducing or
eliminating Member contributions into the Plan.
(c) State Aid. State aid received pursuant to the Municipal

Pension Plan Funding Standard and Recovery Act (Act 205).
(d) Gifts, Grants, Devises or Bequests. The sums which may be

received by the Township in the form of gifts, grants, devises or
bequests, may, to the extent authorized by law, be contributed to such
Fund so long as prior approval of the Township Supervisors is obtained.
(e) Other. Any other sums received or contributed to the Township

Supervisors to the extent authorized by law and with prior approval of the
Township Supervisors.
(Ordinance 213, June 7, 2005, Section 1)
Section 803. Administration.
(a) Pension Committee. The general administration and management

of the Plan shall be under the direction of a Pension Committee as
appointed by the Township Board of Supervisors. The Committee shall
consist of two (2) duly appointed Township representatives and one (1)
Plan Member.
The Pension Committee shall have complete control of the

administration of the Plan and shall have all powers necessary to enable
it to properly to carry out its duties, including but not limited to the
power to construe the provisions of the Fund, to determine all questions
relating to eligibility of Members and to authorize all disbursements for
benefits to Members. The decisions of the Pension Committee on all
matters within the scope of its authority shall be final, subject to the
approval of the Township’s Supervisors.
(b) Trustees. The Fund shall be under the direction of Trustees

designated by Resolution by the Township Board of Supervisors. The
Trustees shall have full responsibility for administration of the program
established hereunder and shall hold, invest, reinvest and distribute all
funds and other property received pursuant hereto in trust for the
purposes of this Subpart. The Trustees may receive, at any time, gifts,
grants, devises or bequests to the Pension Fund of any money or property,
real, personal or mixed, to be held by the Trustees in trust for the
benefit of this Fund and in accordance with the provisions hereof. The
Trustees shall be subject to such rules and regulations as may from time
to time be adopted by the Board of Supervisors of the Township by
Ordinance or Resolution.
The Trustees shall have full power and authority by a majority

action of its members either directly or through their designated
representatives, to do all acts, execute, acknowledge and deliver all
instruments, and to exercise for the sole benefit of the Plan Members
hereunder, any and all powers and discretion necessary to implement and
effectuate the purposes of this Subpart, including for purposes of
illustration, but not limited to any of the following:
(1) To hold, invest and reinvest all funds received pursuant

to this Subpart and such legal investments as may be authorized as
legal investments under the laws of the Commonwealth of
Pennsylvania.
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(2) To retain any property which may at any time become an

asset of the Fund, as long as said Trustees may deem it advisable;
and
(3) To make distribution of the monies in the Fund, in

accordance with the terms of this Subpart.
The expense of administering this Pension Fund, including

compensation of any actuary, any custodian of the Fund, and any other
charges or expenses related thereto, exclusive of the payment of pensions,
may be paid by the Township or by the Pension Fund as determined by the
Board of Supervisors of the Township.
Section 804. Eligibility. Each full-time Police employee (regularly

working not less than thirty-five (35) hours per week during the calendar year)
employed by the Employer is eligible to participate and shall be a Member in the
Amity Township Police Pension Plan and Fund as of their date of hire.
For the purpose of this Section 804, service shall mean the period of an
employee's aggregate employment by the Employer. The following types of absence
shall not break continuity and the time elapsed shall be included in computing
length of service:
(a) Temporary leave of absence or layoff which shall, if not

otherwise stated, expire in six (6) months unless sooner renewed;
(b) Absence during which regular remuneration is paid;
(c) For any member of the police force who has been employed as
such for a period of at least six (6) months and who thereafter shall
enter into the military service of the United States, if such person
returns or has heretofore returned to his employment within six (6) months
after his separation from service. For the purpose of this Section,
employees in similar circumstances shall be similarly treated.
Section 805. Normal Retirement. The benefits from the Fund shall be
payable to Members who have served in the Township in a full-time capacity and
who meet the following requirements, after which the Member may retire from
service with the Employer. Benefits commence on the first day of the month
coincident with or next following actual retirement.
The Member shall have achieved his “Normal Retirement Date” on the first
day of the month coincident with or next following the attainment of his fiftieth
(50th) birthday and the completion of twenty-five (25) years of total service.
Retirement at a later age than seventy (70) years may be permitted by the
Township Board of Supervisors in exceptional circumstances upon terms mutually
agreeable to the Township and the Member, but not inconsistent with the terms of
this Plan. The late retirement benefit shall be equal to the actual benefit
earned based on average compensation and completed years and completed months of
service to the date of actual retirement.
Section 806. Normal Retirement Benefit. The monthly Normal Retirement

Benefit shall equal fifty percent (50%) of Average Monthly Compensation. The
Normal Retirement Benefit payable to a Member shall be subject to an annual Cost
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of Living adjustment equaling the lesser of three percent (3.0%) or the annual
increase in the Consumer Price Index for the greater Philadelphia area. The
maximum Normal Retirement Benefit cannot exceed seventy-five percent (75%) of the
Member's compensation used for computing benefits and the total cost of living
adjustment cannot exceed thirty percent (30%), per Act 600, as amended, or such
other limits as may be prescribed in Act 600 or other applicable law from time to
time. No cost of living increase shall be granted which would impair the
actuarial soundness of the Plan.
The benefits of the Fund payable to any member shall (i) be equal to or
exceed the minimum distributions required under the Internal Revenue Code and the
regulation promulgated thereunder and, (ii) shall not exceed the limitations set
forth in Internal Revenue Code Section 415(a)(1)(B).
(Ordinance 213, June 7, 2005, Section 1; as amended by Ordinance 254, January 21,
2009, Section 1)
Section 807. Total and Permanent Disability. In the event of any Member's
Total and Permanent Disability that is incurred while performing his duties as a
police officer on behalf of the Township, the Member shall become eligible for a
monthly disability pension as set forth below. Such disability benefits shall
begin when such Member's disability has been verified and approved by the
Employer.
"Total and Permanent Disability" shall mean a physical or mental condition

of a Member w1iich precludes him from engaging in any police employment.
Determination of disability is to be made by a duly qualified physician selected
by the Employer. Such determination shall be final and conclusive.
The monthly service-related Total and Permanent Disability pension benefits

shall be equal to seventy-five percent (75%) of the highest single year's
Compensation prior to the date of disability, without regard to service
requirements, reduced, however, by any Social Security Disability benefits
payable to the affected Member.
Disability benefit payments shall cease upon recovery from disability. The
Employer shall have the right to require the disabled Member to undergo medical
examination at reasonable intervals.
Disability benefit payments shall cease upon death.
Section 808. Termination Benefits and Vesting. Any Member who has
completed twelve (12) years of service in this Plan shall become one hundred
percent (100%) vested in his Accrued Benefit. Upon termination of employment
with the Employer, a vested Member shall be eligible to receive his Accrued
Benefit, starting as a monthly annuity at his Normal Retirement Date under this
Subpart. Such vested Member shall also be eligible for the Cost of Living
adjustment defined in Section 806.
However, any Member who separates prior to his Normal Retirement Date for
any reason other than death and permanent disability shall receive a complete
refund of the total amount of his Member Contributions made pursuant to Section
802(b) above, with five percent (5.0%) interest, if such refund is greater in
value than the actuarial equivalent of the Accrued Benefit.
2009, Section 2)
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Section 809. Death Benefit. If a Member is killed while performing his

duties as a police officer on the behalf of the Township, a death benefit shall
be made payable under Act 51 of 2009. This benefit will not be provided by the
Amity Township Police Pension Plan, but will be fully funded and provided by the
Commonwealth of Pennsylvania under the terms described in Act 51.
In the event of the death of a Member or the death of a Member who has retired or
is honorably discharged on pension, the surviving spouse, or if no spouse
survives or if he or she survives subsequently dies, then the child(ren) under
the age of eighteen (18) or, if then attending college, under or reaching the age
of twenty-three (23), shall, during his or her lifetime in the case of a
surviving spouse, or in the case of child(ren), until reaching the age of
eighteen (18) or, if then attending college, under or reaching the age of twenty-
three (23), be entitled to receive a pension calculated at fifty percent (50%) of
the pension the Member was receiving or would have been receiving had he or she
been retired or honorably discharged on pension at the time of his or her death.
The effective date of the death benefit payable for a Normal Retiree is the
first of the month coincident or next following the date of the Member’s death.
The effective date of the death benefit payable for an active vestee or for a
terminated vestee is the deceased Member’s Normal Retirement Date.
The surviving spouse of any Member who dies before his or her pension has
vested or if no spouse survives or if he or she survives and subsequently dies,
the child(ren) under the age of eighteen (18) or, if attending college, under or
reaching the age of twenty-three (23), of the Member shall be entitled to receive
repayment of all money which the Member invested in the pension fund plus
interest or other increases in value of the Member’s investment in the pension
fund unless the Member has designated another beneficiary for this purpose. This
benefit is payable as soon as it is administratively feasible following the
Member’s death. Interest shall be calculated to the date of actual distribution.
For the purposes of this Section, the phrase “attending college”

shall mean the eligible child(ren) is registered at an accredited institution of
higher learning and is carrying a minimum course load of seven (7) credit hours
per semester.
2009, Section 3; as amended by Ordinance 264, April 7, 2010, Section 2)
Section 810. Transfer or Assignment. The pension payments herein provided

for shall not be subject to attachment, execution, levy, garnishment or other
legal process, and shall be payable only to the Member or his designated
beneficiary. No Member or his beneficiary shall have any right to alienate,
encumber or assign any assets of the Fund held by the Trustees on his behalf, or
any of the benefits or payments or agreement purchased or acquired by the
Township hereunder.

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Subpart B. Non-uniformed Employee Pension
Section 850. Definitions.
(a) Accrued Benefit. One and four-tenths percent (1.4%) of the

Participant’s compensation averaged over the last thirty-six (36) months
of his or her employment with the Employer, multiplied by the aggregate
full and partial years of service from the Participant’s initial date of
employment to his/her retirement date, death, disability or termination of
employment with the Employer, whichever comes first.
(b) Employer. The Township of Amity, Berks County, Pennsylvania.
(c) Fund. The Amity Township Municipal Employees Pension Plan

Trust Fund.
(d) Municipality. The Township of Amity, Berks County,

Pennsylvania.
(e) Participants. All employees of the Township who meet the

requirements set forth in Section 853 of this Chapter.
(f) Plan. The Amity Township Municipal Employees Pension Plan.

The Plan’s Fiscal Year is the calendar year.
(g) Township. The Township of Amity, Berks County, Pennsylvania.
(Ordinance 213, June 7, 2005, Section 1; as amended by Ordinance 219,

December 20, 2005, Section 1; as further amended by Ordinance 253, January 21,
2009; as further amended by Ordinance 271, February 2, 2011, Section 1)
Section 851. Funding of Pensions. This Plan is to be funded and

maintained by any of the following methods or combinations of each:
(a) General Fund. Contributions from the general fund of the

Township which may be required after appropriate approval of the Township
Supervisors.
(b) Participant Contributions. None.
(c) Gifts, Grants, Devises or Bequests. The sums which may be

received by the Township in the form of gifts, grants, devises or bequests
may, to the extent authorized by law, be contributed to said Fund so long
as prior approval of the Township Supervisors is obtained.
(d) Other Contributions. Any other sums received or contributed

to the Township Supervisors, to the extent authorized by law and with
prior approval of the Township Supervisors.
Section 852. Administration. The Fund shall be under the direction of the
governing body of the Township, or such committee or persons as the governing
body of the Township may from time to time designate by Resolution, who shall act
as Trustees of the Pension Fund, and such Trustees shall have full responsibility
for administration of the program established hereunder and shall hold, invest,
re-invest and distribute all funds and other property received pursuant hereto in
trust for the purposes of this Subpart. The Trustees may receive at any time
gifts, grants, devises or bequests to the Fund of any money or property, real,
personal or mixed, to be held by them in trust for the benefit of this Fund and
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in accordance with the provisions hereof. The Trustees shall be subject to such
rules and regulations as may from time to time be adopted by the governing body
of this Township by Ordinance or Resolution.
The Trustees shall have full power and authority by a majority action of
its members, either directly or through their designated representatives, to do
all acts, execute, acknowledge and deliver all instruments, and to exercise for
the sole benefit of the Participants any and all powers and discretions necessary
to implement and effectuate the purposes of this Subpart, including for purposes
of illustration, but not limited to, any of the following:
(a) To hold, invest and re-invest all funds received pursuant to

this Subpart and such legal investments as may be authorized as legal
investments under the laws of the Commonwealth of Pennsylvania.
(b) To retain any property which may at any time become an asset
of the Fund, as long as said Trustees may deem it advisable; and
(c) To make distribution of the monies in the Fund, in accordance

with the terms of this Subpart.
The expense of administering the Fund, including compensation of any

actuary, any custodian of the Fund, and any other charges or expenses related
thereto, exclusive of the payment of pensions, shall be paid from the assets of
the Fund. (Ordinance 213, June 7, 2005, Section 1)
Section 853. Eligibility. Each full-time non-uniformed municipal employee

(working not less than thirty-five (35) hours per week throughout the calendar
year) employed by the Employer is eligible to participate and shall be a
Participant in the Plan as of the date of his or her employment.
Section 854. Normal Retirement. The benefits from the Fund shall be
payable to Participants who have served in the Township for an aggregate total of
at least five(5) years and have attained the age of at least sixty-five (65)
years, after which the Participant may retire from service with the Employer.
Retirement at a later age than sixty-five (65) years may be permitted by

the Township Supervisors upon terms mutually agreeable to the Township and the
Participant, but not inconsistent with the terms of this Plan.
(Ordinance 213, June 7, 2005, Section 1; as amended by Ordinance 245, June 18,
2008, Section 1)
Section 855. Normal Retirement Benefit. The basis for determining the
amount of annual pensions to Participants retiring under Section 854 of this
Subpart shall be the Accrued Benefit.
The Normal Retirement Benefit payable to a Participant receiving the Normal

Retirement Benefit after Normal Retirement shall be subject to a cost of living
adjustment calculated in the same manner as that established for the cost of
living adjustments for social security benefits in accordance with 42 U.S.C.A
Section 1382(f)(a)(2) and Section 415(i)(2)(A)(ii), effective as of this date,
and any amendments thereto.
Such pension or retirement benefit shall be payable from the assets of the
Fund established pursuant to this Subpart.
The normal form of annuity under this Plan is a single life annuity.
However, upon retirement, a Participant may elect to receive benefits in a form
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LAB AMITY CODE 13404-10 C1 07/06/16 #C52777-02
different from the normally prescribed annuity form. Any such alternative form
must be the actuarial equivalent of the normal form of annuity. Alternative
options available include, but are not limited to, the following:
(a) A lifetime annuity coupled with a guarantee that payments will

be made for a certain period of years, such as ten (10) or fifteen (15)
years;
(b) A joint and contingent survivor annuity, whereby the annuity

is continued to the Participant’s spouse after the death of the retired
Participant as a specified percentage of the annuity being paid while the
Participant survived;
(c) A lump sum, provided that the present value of any lump sum
shall not exceed five percent (5%) of the total value of Plan assets as of
the end of the month preceding the lump sum payment.
(d) Any other alternative form requested by the Participant, and

which is approved by the Employer.
A Participant who is a married retiree may not choose other than a joint and
survivor annuity without delivering the written consent of his or her spouse to
the Township Supervisors.
(Ordinance 213, June 7, 2005, Section 1; as amended by Ordinance 245 dated June
18, 2008, Section 2))
Section 856. Total and Permanent Disability. In the event of any

Participant’s total and permanent disability, the Participant shall become
eligible for a monthly disability pension as set forth below. Such disability
benefits shall begin when such Participant’s disability has been verified and
approved by the employer.
“Total and permanent disability” shall mean a physical or mental condition

of a Participant which precludes him from engaging in any substantial gainful
employment. Determination of disability is to be made by a duly qualified
physician selected by the Employer. Such determination shall be final and
conclusive.
Total and permanent disability pension benefits shall be equal to the

actuarial equivalent of the Accrued Benefit of the Participant as of the date of
total and permanent disability. There will be no offset for social security or
workmen’s compensation benefits.
Disability benefit payments shall cease upon recovery from disability and
the employer shall have the right to require the disabled Participant to undergo
medical examination at reasonable intervals.
Section 857. Pre-retirement Death Benefits. In the event of a vested

Participant’s death prior to retirement, a death benefit will be payable to his
or her spouse, if any, in an amount calculated as one hundred percent (100%) of
the actuarial equivalent of the Participant’s Accrued Benefit as of the date of
death, payable as a joint and fifty percent (50%) survivor annuity to the
Participant’s spouse; or in the absence of spouse, payable as a lump sum to one
or more named beneficiaries or the estate of the deceased Participant.
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Section 858. Termination Benefits and Vesting. Any Participant who has
completed five (5) years of total service for the employer shall become one
hundred percent (100%) vested in his Accrued Benefit. Upon termination of
employment with the Employer, a vested Participant shall be eligible to receive
his/her Accrued Benefit, starting at his/her Normal Retirement date.
Section 859. Transfer or Assignment. The pension payments herein provided

for shall not be subject to attachment, execution, levy, garnishment or other
legal process, and shall be payable only to the participant or his/her designated
beneficiary.
(a) No Participant or his/her beneficiary shall have any right to

alienate, encumber or assign any assets of the Fund held by the Trustees
on his/her behalf, or any of the benefits or payments or proceeds of any
contract or agreement purchased or acquired by the Township hereunder.
(b) Any contract or agreement purchased or acquired pursuant to

this Subpart upon the life of such Participant shall contain a provision,
in substance that to the extent permitted by law, none of the benefits or
payments or proceeds of such contract or agreement shall be subject to any
legal process by any creditor of such Participant or beneficiary of such
participant.

Section 861. Early Retirement. A participant may elect Early Retirement

at any time following the completion of five (5) years of service in the
aggregate. The Early Retirement benefit shall equal the vested Accrued Benefit
and shall be payable on the Participant’s Normal Retirement Date. However, if
the Participant elects to take this benefit prior to his Normal Requirement Date,
the monthly benefit shall be actuarially reduced to reflect the larger payout
period.
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LAB AMITY CODE 13404-10 C1 07/06/16 #C52777-02
Section 9
Records Retention
Section 901. Establishment of Records Retention Procedure.
(a) The Amity Township Board of Supervisors hereby declares its

intent to follow the procedures for the disposition of records set forth
in the “Retention and Disposition Schedule for Records of Pennsylvania
Municipalities” issued on May 17, 1982, as amended.
(b) In accordance with Act 428 of 1968, each individual act of

disposition shall be approved by Resolution duly adopted and passed by the
Amity Township Board of Supervisors.
(c) The Board of Supervisors is hereby empowered to adopt

revisions to the “Retention and Disposition Schedule for Records of
Pennsylvania Municipalities” referred to in Subsection (a) of this
Section, as it may be subsequently revised from time to time, by
Resolution duly adopted and passed.
(Ordinance 159, April 6, 1998, Article I)
Section 902. Severability. Should any section, paragraph, clause or

phrase of this Part be declared unconstitutional or invalid by a court of
competent jurisdiction, the remainder of said Part shall not be affected thereby,
and shall remain in full force and effect.
(Ordinance 159, April 6, 1998, Article II)
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LAB AMITY CODE 13404-10 C1 07/06/16 #C52777-02
Part 10
Berks County Emergency Response Team
Section 1001. Purpose. A local emergency response team comprised of

various Berks County municipalities is established to provide the residents and
citizens of the respective municipalities and communities with more efficient,
responsive, cost effective and competent emergency response services consistent
with the requirements of applicable laws and with the objectives of protecting
the health, safety and welfare of municipal residents and landowners.
Section 1002. Grant of Power. This Part is adopted pursuant to authority

granted in:
(a) The Municipal Police Jurisdiction Act, 42 Pa. C.S.A. Section

8951 et seq., as amended, or as it may be amended from time to time (the
"Jurisdiction Act");
(b) The Pennsylvania Intergovernmental Cooperation Act, Act 177 of

1996 (53 Pa. C.S.A. Section 2301, et seq.) as amended, or as it may be
amended from time to time (the "Cooperation Act").
Section 1003. Definitions. The following words or phrases, when used in

this Part, shall have the meanings indicated:
Agency – the Berks County Emergency Response Team created by various

Berks County municipalities and other entities under and pursuant to this
and similar ordinances or resolutions, as appropriate, under authority of
the Jurisdiction Act.
Township – the Township of Amity, Berks County, Pennsylvania.
Section 1004. Participation in Agency. Pursuant to and in accord with the

above-referenced authority, the Township is hereby authorized to become a member
of and to participate in the Agency.
Section 1005. Authority to Enter Agreement. Pursuant to and in accord

with the above-referenced authority, the Township is hereby authorized and
directed to enter into the intergovernmental cooperation agreement which governs
the Agency and its affairs, a copy of which is attached as Exhibit “A” and
incorporated herein by reference (the “Agreement”).
Section 1006. Organization. The Agency created and existing under and by
virtue of the authority of the Jurisdiction Act, the Cooperation Act and this
Part shall be comprised of representatives of the municipalities creating and
participating in the Agency. The participation of the Township in the Agency
shall be governed and controlled by the terms and conditions of the Agreement, as
duly amended, the provisions of applicable Pennsylvania laws and regulations, and
such other policies as may be duly adopted by the Agency in accordance with the
Agreement.
Section 1007. Finances. The Agency and its activities shall be operated
with funds provided by the participating municipalities in accordance with the
provisions of the Agreement referred to above, and such other grants or funding
as may be available.
Section 1008. Term. The Agency, and the Agreement governing it, shall be
for an indefinite term and dependent upon the continued participation of the
various member municipalities, but in any event, not less than three (3) years.
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LAB AMITY CODE 13404-10 C1 07/06/16 #C52777-02
Thereafter, participating municipalities can withdraw from the Agency upon

reasonable notice as provided for in the Agreement.
Section 1009. Municipality Participation.
(a) The Chief of Police of the Township or his designee within his
department, as determined by the Township, shall serve on the Board of
Chiefs of the Agency.
(b) The Board of Supervisors of the Township shall authorize,

budget, appropriate and pay in a timely manner such initial and annual
fees and other necessary charges as provided for under the Agreement to
provide the Agency with fiscal resources for its operational requirements,
to the extent that such goals and objectives are consistent with and in
the best interest of the Township.
(c) Township officials and employees shall cooperate fully with

the Agency to accomplish the goals and objectives of the Agency.
Section 1010. Agency Powers and Duties. The powers and duties of the
Agency, its officials, employees and representatives, shall be as set forth in
this Part, the Agreement and the other laws, regulations and instruments
governing its organization and operation.
Section 1011. Property. All property shall be acquired, managed, or

disposed of pursuant to the Agreement in accordance with the terms of the
Agreement. No acquisition of real property or real estate is authorized.
Section 1012. Agency Employees. Although there is no current authority

for Agency employees, in the event the Agency is subsequently granted authority
by the participating municipalities to hire employees, then the Agency shall be
empowered to enter into contracts for policies of group insurance and employee
benefits for its employees.
(Ordinance 244, May 21, 2008, Sections 1 – 12)
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NLP AMITY CODE 13404-10 C2 3/21/07 #104703
CHAPTER II
ALARMS AND ALARM SYSTEMS

Section 102. False Alarms Prohibited
Section 103. False Alarm Service Fees
Section 104. Enforcement and Penalties
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NLP AMITY CODE 13404-10 C2 3/21/07 #104703
CHAPTER II
Section 101. Definitions. For purposes of this Chapter, the following

terms are defined as follows:
(a) False Alarm. An alarm activated in the absence of an

emergency, whether willfully or by inadvertence, negligence or
unintentional act, to which emergency units respond. The definition
excludes alarms caused by malfunctions of the County Department of
Emergency Services’ receiving equipment; alarms for which the user has
attempted to cancel response; testing or repairing of telephone or
electrical lines or equipment outside the premises; acts of God, such as
earthquake, flood, windstorm, thunder or lightning; an attempted illegal
entry, a crime in progress, or, in the case of emergency medical alarm, an
actual medical emergency requiring police, fire and/or medical personnel.
If doubt exists as to the cause of the false alarm, the provider of the
emergency service together with the Township Fire Marshal or designated
coordinator shall make a decision regarding the circumstances of the
activation and it shall be final.
(b) Person. An individual, corporation, partnership, incorporated

association or other similar entity.
(c) Public Safety Agency. The Township Police or any fire

department serving the Township.
(Ordinance 210, February 15, 2005, Section 1)
Section 102. False Alarms Prohibited. It shall be unlawful for the

property owner, lessee or any person occupying or outerwear on any premises
within Amity Township to make or cause to be made a false fire or security alarm,
directly or indirectly to any fire department or emergency response agency
responding to alarms within the Township, when the false alarm is caused by
faulty detection or alarm equipment or by the negligence of said property owner,
lessee or person. (Ordinance 210, February 15, 2005, Section 1)
Section 103. False Alarm Service Fees.
(a) When a false alarm occurs, the Township Police Chief, within
fifteen (15) days from the date of each false alarm, shall notify the
owner or lessee of the alarm device from which the false alarm emanated
that a false alarm charge is due and the amount thereof, if any. Such
notice shall be in writing and sent by certified mail, return receipt
requested, postage prepaid, to the owner or lessee at his last known
address. Failure of the Township Police Chief to mail notice of
assessment of a false alarm charge within fifteen (15) days from the
occurrence of a false alarm shall preclude Township from assessing a false
alarm charge.
(b) A false alarm charge shall be due and payable at the office of
the Township Police Department within thirty (30) days from the date of
the mailing of the notice of assessment of the false alarm charge.
(c) Service fees for false alarms shall be assessed by the

Township as follows:
(1) Third (3rd) false alarm in any one (1) calendar year
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NLP AMITY CODE 13404-10 C2 3/21/07 #104703
shall be subject to a service fee not to exceed Fifty Dollars

($50.00).
(2) Fourth (4th) false alarm in any one (1) calendar year
shall be subject to a service fee not to exceed One Hundred Dollars
($100.00).
(3) Fifth (5th) and subsequent false alarms in any one (1)
calendar year shall be subject to a service fee not to exceed Two
Hundred Dollars ($200.00).
Section 104. Enforcement and Penalties. Enforcement of this Chapter may

be by civil action and/or by criminal prosecution, as provided in 18 PaC.S. 7511.
Any person who violates this Chapter commits a summary offense and shall, upon
conviction, be sentenced to pay a fine of not more than Six Hundred Dollars
($600.00), plus costs, for each offense. (Ordinance 210, February 15, 2005,
Section 1)

this Chapter is for any reason found to be unconstitutional, illegal or invalid,
Chapter. It is hereby declared as the intent of the Board of Supervisors of the
Township of Amity that this Chapter would have been adopted had such
not been included herein. (Ordinance 210, February 15, 2005, Section 1)
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NLP AMITY CODE 13404-10 C3 4/17/01 #94489
CHAPTER III
ANIMALS
Part 1
Animal Nuisances
Section 101. Intent and Purpose

Section 103. Exceptions
Section 104. Running at Large Prohibited
Section 105. Duty to Secure Animal
Section 106. Duty to Control Animal
Section 107. Noise
Section 108. Offensive Odors and Other Nuisances Prohibited
Section 109. Vicious or Dangerous Animals
Section 110. Responsibilities of Offended Persons
Section 111. Notice of Violation
Section 112. Penalties
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NLP AMITY CODE 13404-10 C3 6/28/16 #94489
Part 1
Animal Nuisances
Section 101. Intent and Purpose. The Board of Supervisors of the Township
of Amity, Berks County, Pennsylvania, has determined that when the peace, comfort
and enjoyment associated with the usual and common benefits of residing in the
Township are disrupted, disturbed or adversely impacted as a result of any dog,
cat or other animal, as hereinafter defined, by frequent or habitual barking,
howling, screeching, yelping or baying or in any other way or manner disrupts,
disturbs or adversely impacts the peace, comfort or enjoyment of any person or
resident of the community, such that a person or resident of this Township has no
other reasonable option but to “close” all windows at his or her residence in
contradiction to the desire of the person in an effort to maintain some level of
peace, comfort or enjoyment or when the peace, comfort or enjoyment is disrupted,
disturbed or adversely impacted to the point that the normal pattern of sleep of
the person or resident is compromised such that the health, safety and welfare of
the person or resident is endangered or the comfort, repose or health of the
person is adversely impacted, it is hereby declared that such disruption,
disturbance or adverse impact is an unreasonable interference with a right to the
general public and, therefore, constitutes a nuisance. (Ordinance 179, May 7,
2001, Section 1)
(a) For purposes of this Part, the following terms, phrases, words
and their derivations shall have the meanings given herein:
(1) Animal. Any animal or bird maintained as a domestic

pet, including but not limited to dogs, cats, rabbits, hamsters and
birds. “Animal” shall not include livestock or poultry being raised
upon working farm(s) and shall not include horses which are not the
method of transportation or power for the occupants of a dwelling.
(2) Animal Owner. Includes, regardless of whether any such

animal is licensed or unlicensed:
(i) Every person having a right, proprietorship or

ownership in an animal;
(ii) Every person who keeps or harbors an animal or has

it in his or her care or custody;
(iii) Every person who permits an animal to remain

on or about any premises occupied by him or her; and
(iv) The parent of any child under eighteen (18) years

of age who owns or has the control and/or custody of an
animal.
(3) Nuisance. The unreasonable, unwarrantable or unlawful

use of public or private property which causes injury, damage, hurt,
inconvenience, annoyance or discomfort to any person in the
legitimate enjoyment of his or her reasonable rights or person or
property.
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(4) Owner. A person owning, leasing, occupying or having

charge of any premises within the Township.
(5) Permit. To suffer, allow, consent or let, to give leave

or license, to acquiesce by failure to prevent, to expressly accept
or agree to the doing of any act.
(6) Person. As used herein, shall mean any natural person,

firm, partnership, association, corporation, company or other
legally recognized entity.
(7) Running at Large. Being upon any public highway,

street, alley, sidewalk, park or any other public land or upon
property of another person other than the owner and not being
accompanied by or under the control of the owner or any other person
having custody of any animal.
(b) When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the
singular number, and words in the singular number include the plural
number, any personal pronoun shall be construed to mean either the
masculine, feminine or neuter gender, as the context may require, and the
word “shall” is always mandatory.
Section 103. Exceptions. This Part shall not be deemed to prohibit or

otherwise declare unlawful any agricultural operations protected from nuisance
suits by Act No. 1982-133. (Ordinance 179, May 7, 2001, Section 3)
Section 104. Running at Large Prohibited.
(a) It shall be unlawful for the owner of any animal to allow or

permit such animal to run at large in the Township of Amity. It further
shall be unlawful for an animal owner to fail to keep at all times such
animal either:
(1) Confined within the premises of the animal owner and

maintained in a clean and sanitary condition at all times;
(2) Firmly secured by means of a collar and chain or other

device so that it cannot stray beyond the premises or person on
which it is secured; or
(3) Under the reasonable control of some person or, when

engaged in lawful hunting, exhibition or field training, accompanied
by an owner or handler.
(b) For the purpose of this Part, an animal shall be presumed to

be running at large if it is not within the immediate control of its
owner, said control being in the form of a tether, leash or other
appropriate controlling device.
Section 105. Duty to Secure Animal. It shall be the duty of all animal
owners and the duty of the parent or guardian of any minor owner of any dog or
other animal, to keep the dog or other animal securely tied or penned in an
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enclosure in such a manner that the dog or other animal cannot break loose and
run at large over the streets, alleys, sidewalks or public grounds in the
Township, upon the property of anyone, other than the animal owner or the
property of another who has granted permission to the animal owner to allow the
dog or other animal upon such person’s property. (Ordinance 179, May 7, 2001,
Section 5)
Section 106. Duty to Control Animal. It shall be the duty of all animal
owners, while traveling on the streets, alleys, sidewalks or public grounds in
the Township of Amity, to have the dog or other animal on a leash at all times
and to prevent the dog or other animal from entering upon the property of any
person or persons in the Township without the property owner’s consent.
Section 107. Noise. It shall be unlawful within the Township of Amity for
any person or persons to own, possess, harbor or control any animal which makes
any noise continuously and/or incessantly or intermittently for one-half (1/2)
hour or more to the disturbance of any person any time of the day or night,
regardless of whether the animal is physically situated in or upon private
property, said noise being a nuisance; provided, however, that at the time the
animal is making such noise no person is trespassing or threatening to trespass
upon private property in or upon which the animal is situated nor is there any
other legitimate cause which justifiably provoked the animal. (Ordinance 179,
May 7, 2001, Section 7)
Section 108. Offensive Odors and Other Nuisances Prohibited. It shall be

unlawful for any person to permit any animal to soil, defile, defecate or create
noxious odors from defecation upon any common thoroughfare, sidewalk, passageway,
by-pass, play area, park or any place where people congregate or walk or upon any
public property whatsoever or upon any private property without the express
permission of the owner or occupier of such property, unless such person shall
immediately remove all feces deposited by said animal and dispose of the same
upon his or her own property or by any other sanitary method. Furthermore, it
shall be unlawful for any person to harbor, care for, shelter or maintain any
breed of dog or dogs or other animal in such a manner so as to disturb or unduly
annoy the public through the dog’s or other animal’s smell, mischief or other
harmful propensities. All pens or other areas in which dogs or other animals are
kept shall be maintained in a sanitary condition, free of offensive, obnoxious or
foul odors. (Ordinance 179, May 7, 2001, Section 8)
Section 109. Vicious or Dangerous Animals. It shall be unlawful for any

person to harbor a vicious or dangerous animal unless said animal is humanely
caged or the public is otherwise safeguarded from any danger which said animal
may present to the health, safety and welfare of any person, firm, corporation,
property or other entity. (Ordinance 179, May 7, 2001, Section 9)
Section 110. Responsibilities of Offended Persons. It shall be the

responsibility of the persons being offended to record the date and times of the
offense, along with the location of the offending animal and type of offending
animal, and owner, if possible. This record shall be signed and dated by the
complainant and provided to the Police Department prior to issuing a notice of
violation under Section 111 of this Part. Should it become necessary, the
complainant shall appear at the district justice hearing as a witness for the
Township. (Ordinance 179, May 7, 2001, Section 10)
Section 111. Notice of Violation.
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(a) Method of Serving Notice. Prior to the issuance of a citation

for a violation of this Part, it shall be necessary to serve written
notice upon the animal owner in one (1) of the following ways:
(1) By mailing a copy of the notice to the animal owner by

certified mail, return receipt requested, postage prepaid;
(2) By personal delivery of the notice to the animal owner,

in which case the owner shall sign a copy of the notice to be
retained by the Township; or
(3) By handing a copy of the notice at the residence of the

animal owner to an adult member of the family with which the owner
resides, but if no adult member of the family is found, then to an
adult person in charge of the residence. Said adult shall sign a
copy of the notice to be retained by the Township.
(b) Content of Notice. The notice shall set forth the following:
(1) The name and address of the animal owner, if known;
(2) The nature and extent of the violation or offense;
(3) The period of time over which the nuisance has occurred;
(4) The identity of the person giving notice;
(5) The date and time of sending of the notice; and
(6) A statement to the effect that a complaint may be filed

with the district justice if the nuisance is not abated within
twenty-four (24) hours of the time the notice is given to the animal
owner.
(c) Duration of Notice. Any notice given pursuant to this Section

shall be valid for a period of six (6) months. Within six (6) months, no
additional notice need be given prior to a complaint being filed with a
district justice.
Section 112. Penalties. Any person who shall violate or permit the
violation of this Part shall, upon conviction thereof, be sentenced to pay a fine
of not more than Six Hundred and 00/100 Dollars ($600.00), plus all court costs,
including reasonable attorney fees incurred by the Township of Amity, and such
fine and costs shall be in addition to any other expenses for kennel charges, and
in default of payment, to imprisonment for a term not to exceed thirty (30) days.
Enforcement of this Part shall be by action brought before a district justice in
the same manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure. (Ordinance 179, May 7, 2001,
Section 12)

of Amity that this Part would have been adopted had such unconstitutional,
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herein. (Ordinance 179, May 7, 2001, Section 13)
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CHAPTER IV
BICYCLES
Reserved for future use
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CHAPTER V
BUILDINGS AND STRUCTURES
SEE ALSO CODE ENFORCEMENT, CHAPTER VI
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LAB AMITY CODE 13404-10 C6 12/21/10 #C53203
CHAPTER VI
CODE ENFORCEMENT
Part 1
Uniform Construction Code
Section 101. Election to Administer and Enforce

Section 102. Adoption of Uniform Construction Code
Section 103. Revisions to Uniform Construction Code
Section 104. Administration and Enforcement of Code
Section 105. Board of Appeals
Section 106. Previously Adopted Codes
Section 107. Fees
Part 2
International Property Maintenance Code
Section 201. Adoption of International Property Maintenance Code

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Part 1
Section 101. Election to Administer and Enforce. The Township of Amity,

Berks County, Pennsylvania (the “Township”) hereby elects to administer and
enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999,
35 P.S. §7210.101-7210.1103, as amended from time to time (the “Act”), and its
regulations.
Section 102. Adoption of Uniform Construction Code. The Uniform

Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from
time to time, is hereby adopted and incorporated herein by reference as the
municipal building code of the Township.
Section 103. Revisions to the Uniform Construction Code. The following

additions, insertions, deletions and changes are hereby made to the Uniform
Construction Code:
(a) The International Building Code is hereby revised as follows:
(1) Section 101.1 Insert – Township of Amity
(2) Section 1612.3 Insert - Township of Amity
(3) Section 1612.3 Insert - December 5, 1997
(b) The International Energy Conservation Code is hereby revised

as follows:
(c) The International Existing Building Code is hereby revised as

follows:
(2) Section 1301.2 Insert – January 7, 1972
(d) The sections of the international Fire Code which are cross-
referenced in the International Building Code and part of the UCC adopted
by the Commonwealth of Pennsylvania, as stated in 43 Pa. Code §403.21(b),
are hereby revised as follows:
(2) Section 109.3 Insert - “Summary Offense”, “One Thousand

Dollars ($1,000.00)”
(3) Section 111.4 Insert - “$100.00" and “$1,000.00”
(e) The International Fuel Gas Code is hereby revised as follows:
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(2) Section 106.6.2 Insert - Fees assessable by the Township

for the administration and enforcement undertaken pursuant to this
particular code shall be established by the Board of Supervisors of
the Township by resolution from time to time.
(3) Section 106.6.3 Insert - “75” and “75%”

Dollars ($1,000.00)” and “thirty (30)”
(5) Section 108.5 Insert - “$100.00" and “$1,000.00"
(f) The International Mechanical Code is hereby revised as

follows:

the township by resolution from time to time.
(3) Section 106.5.3 Insert - “75%” and “75%”
(4) Section 108.4 Insert - “Summary Offense”, One Thousand

Dollars ($1,000.00)” and “thirty (30)”
(g) The International Code Council Performance Code for Buildings

and Facilities is not modified at this time.
(h) The International Plumbing Code is hereby revised as follows:

the Township by resolution from time to time.
(3) Section 106.6.3 Insert - “75%” and “75%”

Dollars ($1,000.00)”, and thirty (30)
(6) Section 305.6.1 Insert - “24 inches” and “36 inches”
(7) Section 904.1 Insert - “12 inches”
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(i) The International Residential Code is hereby revised as

follows:
(1) Section R101.1 Insert - Township of Amity

(2) Table R301.2(1) Insert the following Design Criteria:
a) Ground Snow Load – 30 pounds
b) Wind Design
1) Wind Speed – 90 mph
2) Topographic Effects – No
c) Seismic Design Category – B
d) Weathering – Severe
e) Frost line depth – 30"
f) Termite - moderate to heavy
g) Slight to moderate
h) Winter Design Temp – Same degree day and design

temperatures as the City of Reading as listed in Appendix D of
the International Plumbing Code.
i) Flood Hazards - See Code of Ordinances
j) Air Freezing Index – 1000
k) Mean Annual Temperature – 50 degrees F.
l) Ice Barrier underlayment Required – No
(3) Section P2603.6.1 Insert - “24 inches” and “36 inches”
(4) Inclusion - Appendix F entitled “Radon control methods”

of the 2009 Edition of the International Residential Code is hereby
adopted.
(j) The International Wildland-Urban Interface Code is hereby

revised as follows:
(k) Section 403.1(a) of the Uniform Construction Code is hereby

amended by adding the following subsection:
(1) The Uniform Construction Code shall also apply to all

residential utility and miscellaneous use structures with a building
area of more than 500 square feet.
(l) All alterations to residential buildings which do not make

structural changes or changes to means of egress and repairs to
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LAB AMITY CODE 13404-10 C6 12/21/10 #C53203
residential buildings shall be subject to compliance with the Uniform

Construction Code as contained in 34 Pa. Code, Chapters 401 through 405,
and as amended from time to time; provided, however, that the following
repairs and alterations shall be exempt from such compliance:
(1) Fences that are not 6’ in height.
(2) Sidewalks and driveways that are 30 inches or less above

adjacent grade, not placed over a basement or story below it and not
located in pedestrian passageways.
(3) Exterior or interior painting, papering, tiling,

carpeting, flooring, cabinets, countertops and similar finishing
work.
(4) Retaining walls less than four feet in height, unless

the wall supports a surcharge.
(5) Prefabricated swimming pools that are less than 24

inches deep.
(6) All exterior decks that are less than 30” or less above
grade and not attached to any structure.
(7) Swings and other playground equipment accessory to a

one-family or two-family dwelling.
(8) Window awnings supported by an exterior wall which do

not project more than 54 inches from the exterior wall and do not
require additional support.
(9) Replacement of glass in any window or door. However,

the replacement glass shall comply with the minimum requirements of
the International Residential Code.
(10) Replacement of a window, door, garage door, storm window

and storm door in the same opening if the dimensions of framing of
the original openings are not enlarged. The installation of means
of egress and emergency escape windows must be made in the same
opening without altering the dimensions of framing of the original
opening to be exempt.
(11) Replacement of existing roof material.
(12) Replacement of existing siding or installation of siding

over existing exterior wall covering.
(13) Repair or replacement of any part of a porch or stop,

which is not a structural element.
(14) Installation of additional roll, batt, or blown-in

insulation.
(15) Replacement of exterior rainwater gutters and leaders.
(16) Installation or replacement of aluminum or vinyl soffit,

fascia or other exterior trim.
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(17) Minor electrical work for the following:
a) Replacement of lamps or the connection of approved

portable electrical equipment to approved permanently
installed receptacles.
b) Replacement of a receptacle, switch or lighting

fixture rated at 20 amps or less and operating at less than
150 volts to ground with a like or similar item. This does
not include replacement of receptacles in locations where
ground-fault interrupter protection is required.
c) Replacement of installed electrically operated

equipment such as doorbells, communication systems, security
systems and any motor-operated device.
d) Installation, alteration or rearrangement of

communications wiring or security wiring.
e) Replacement of dishwashers.
f) Replacement of range hoods.
(18) The following gas work:
a) Portable heating, cooking, or clothes-drying

appliances.
b) Replacement of a minor part that does not alter

approval of equipment or make this equipment unsafe.
c) A portable fuel cell appliance that is not

connected to a fixed piping system and is not interconnected
to a power grid.
(19) The following mechanical work or equipment:
a) A portable heating appliance.
b) Portable ventilation appliances.
c) A portable cooling unit.
d) Steam, hot or chilled water piping within any

heating or cooling equipment governed under the Uniform
Construction Code.
e) Replacement of any minor part that does not alter

approval of equipment or make the equipment unsafe.
f) Self-contained refrigeration systems containing 10

pounds or less of refrigerant or that are put into action by
motors of one horsepower.
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g) Portable evaporative cooler.
h) A portable fuel cell appliance that is not

connected to a fixed piping system and is not interconnected
to a power grid.
(20) The following plumbing work:
a) Replacement of bib valves if replacement hose bib

valves are provided with an approved atmospheric breaker.
b) Replacement of ball cocks.
c) Repair of leaks.
d) Clearance of stoppages.
e) Replacement of faucets or working parts of

faucets.
f) Replacement of valves other than shower or

combination shower/bath valves.
g) Replacement of traps, if not buried.
h) Replacement of water closet, lavatory or kitchen

sink.
i) Replacement of domestic clothes washers and

dishwashers.
(21) The following heating, ventilation and air-conditioner

work:
a) Replacement of motors, pumps and fans of the same

capacity.
b) Repair and replacement of heating, supply and

return piping and radiation elements, which do not require
rearrangement of the piping system.
c) Repair of ductwork.
d) Repair of air-conditioning equipment and systems.
e) Repair and replacement of control devices for

heating and air-conditioning equipment.
f) Replacement of kitchen range hoods.
g) Replacement of clothes dryers if there is no

change in fuel type, location or electrical
requirements.
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h) Replacement of stoves and ovens if there is no

change in the fuel type, location or electrical
characteristics.
(m) An ordinary repair does not require a permit. The following

are not ordinary repairs.
(1) Cutting away a wall, partition or portion of a wall.
(2) The removal of cutting and any structural beam or load-

bearing support.
(3) The removal or change to any required means of egress or

rearrangement of parts of a structure affecting the means of egress.
(4) The addition to, alteration of, replacement or

relocation of any standpipe, water supply, sewer drainage, drain
leader, gas, soil, waste, vent or similar piping, electric or
mechanical.
(n) A permit is not required for the installation, alteration or

repair of generation, transmission, distribution, metering or other
related equipment under the ownership or control of public service
agencies.
(Ordinance 266, August 18,2010 Section 1)
Section 104. Administration and Enforcement of Code. Administration and

enforcement of the Code within the Township shall be undertaken in any of the
following ways as determined by Board of Supervisors of the Township from time to
time by resolution:
(a) By the designation of an employee of the Township to serve as

the Township Building Code Official to act on behalf of the Township.
(b) By the retention of one or more construction code officials or

third-party agencies to act on behalf of the Township.
(c) By agreement with one or more other municipalities for the

joint administration and enforcement of the Act through an inter-municipal
agreement.
(d) By entering into a contract with another municipality for the

administration and enforcement of the Act on behalf of the Township.
(e) By entering into an agreement with the Pennsylvania Department

of Labor and Industry for plan review, inspections and enforcement of
structures other than one-family or two-family dwelling units and utility
and miscellaneous use structures.
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Section 105. Board of Appeals. A Board of Appeals shall be established by

resolution of the Board of Supervisors of the Township in conformity with the
requirements of the relevant provisions of the Code, as amended from time to
time, and for the purposes set forth therein. If at any time enforcement and
administration is undertaken jointly with one or more other municipalities, said
Board of Appeals shall be established by joint action of the participating
municipalities.
Section 106. Previously Adopted Codes.
(a) All building code ordinances or portions of ordinances which

were adopted by the Township before April 7, 2010 are hereby repealed.
(b) All building code ordinances or portions of ordinances which

are in effect as of the effective date of this Part and whose requirements
are less than the minimum requirements of the Code are hereby amended to
conform with the comparable provisions of the Code.
(c) All relevant ordinances, regulations and policies of the

Township not governed by the Code shall remain in full force and effect.
Section 107. Fees. Fees assessable by the Township for the administration
and enforcement undertaken pursuant to this Part and the Code shall be
established by the Board of Supervisors of the Township by resolution from time
to time.

that this Part would have been adopted had such unconstitutional, illegal or
invalid sentence, clause, section or part thereof not been included herein.
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Part 2
Section 201. Adoption of Property Maintenance Code. That a certain

document, three (3) copies of which are on file in the office of the
Secretary of the Township of Amity, being marked and designated as the
International Property Maintenance Code as published by the International
Code Council, be and is hereby adopted as the Property Maintenance Code of
the Township of Amity, in the Commonwealth of Pennsylvania, for regulating
and governing the conditions and maintenance of all property, buildings
and structures; by providing the standards for supplied utilities and
facilities and other physical things and conditions essential to ensure
that structures are safe, sanitary and fit for occupation and use; and the
condemnation of buildings and structures unfit for human occupancy and
use, and for the demolition of such existing structures as herein
provided; providing for the issuance of permits and collection of fees
therefore; and each and all of the regulations, provisions, penalties,
conditions and terms of said Property Maintenance Code on file in the
office of the Township of Amity are hereby referred to, adopted, and made
a part hereof, as if fully set out in this Section, with the additions,
insertions, deletions and changes, if any, prescribed as follows:
(a) Section 101.1 Insert - Township of Amity
(b) The Title of Section 103 shall read as follows:
BUILDING CODE OFFICIAL AND DEPUTIES
(c) Section 103.1 shall read as follows:
Creation of the Office of the Building Code Official. The

office of Building Code Official is hereby created and the executive
official(s) in charge thereof shall be known as the Building Code
Official.
(d) Section 103.2 shall read as follows:
Appointment The Building Code Official shall be appointed by

the Board of Supervisors and shall serve at the pleasure of the
Board of Supervisors.
(e) Section 103.5 shall read as follows:
Fees. The fees for all work, permits, charges, etc. shall be
paid in accordance with the fee schedule resolution in effect at the
time application is made.
(f) The Title of Section 104.7 shall read as follows:
Building Code Official’s Records
(g) Subsection 106.3 shall read as follows:
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Prosecution of violation. Persons who shall violate a

provision of this Code, fail to comply with any of the requirements
thereof or erect, install, alter or repair work in violation of the
approved construction documents or directive of the Building Code
Official, or of a permit or certificate issued under the provisions
of this Code, shall be guilty of a summary offense, punishable by a
fine of not more than $1,000 per violation. Each day that a
violation continues after due notice has been served shall be deemed
a separate offense.
(h) Subsection 107.4 is hereby revised by deleting the reference

to Section 106.4 and substituting "106.3."
(i) Section 111 is hereby deleted in its entirety. A new Section

111 is hereby enacted to read as follows:
Appeals. The creation of the board of appeals and its

authority and qualifications and the filing of appeals shall be in
accordance with Sections 403.121 and 403.122 contained in 34 PA Code
Chapter, 403.
(j) Section 202 is hereby revised to include the following

additional definitions:
Occupied. As applied to a building or portion thereof, shall

be construed as though followed by the words, "or intended, arranged
or designed to be occupied, or having a certificate of use and
occupancy”.
One Family Dwelling. A building containing one dwelling

unit.
Two Family Dwelling. A building containing two dwelling

units.
(k) Section 202 is hereby amended as follows: in the definition of

"owner" the phrase "if ordered to take possession of real property by a
court" is hereby deleted from the definition.
(l) Section 301 is hereby amended to include the following

additional subsection known as 301.2.1:
Where properties abut a public right-of-way, the abutting

property owner shall be responsible for the maintenance of the area
between their property line and the cartway, including the curb, the
sidewalk and grass areas between the curb and the property line.
(m) Section 302 is hereby amended to include the following

Where sidewalks exist, those responsible (see Section 301.2.1,

as amended) for the sidewalks shall have at least a two-foot wide
path cleared of snow and ice within 24 hours after the cessation of
the snowfall.
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EXCEPTION: When more than twelve (12) inches of snow has

fallen, those responsible for the sidewalk shall have at least a
two-foot wide path cleared of snow and ice within 48 hours after the
cessation of the snowfall.
(n) Section 302.4 is hereby amended to insert ten (10) inches in

height for (jurisdiction to insert height in inches).
(o) Section 302 is hereby amended to include the following

The Building Code Official, or any officer or employee of the

Township designated thereby for this purpose, is hereby authorized
to give notice, by personal service or United States mail, to the
owner or occupant or any adult person in charge of said premises, as
the case may be, of any property wherein grass or other vegetation
is in violation of Section 302.4 or Section 302.4.1, directing and
requiring such occupant or owner to remove, trim or cut such grass,
weeds or vegetation so as to conform to the requirements of this
ordinance, within 5 days after issuance of such notice.
Whenever, in the judgment of the Building Code Official, it

shall appear to be impracticable to give notice as above provided,
either because the owner or occupant cannot readily be found, or
because a search for the owner or occupant would entail unreasonable
delay, the Township or any officer or employee of the Township
designated thereby for that purpose, may give notice by posting
conspicuously on the property where such nuisance exists, a notice
or order directing and requiring that such nuisance be abated within
5 days.
In case any person, firm or corporation shall neglect, fail or

refuse to comply with such notice within the period of time stated
therein, the Township may order the removal, trimming or cutting of
such grass, weeds or vegetation, and the cost thereof, together with
a penalty of ten percent (10%) of the cost thereof shall be
collected by the Township from such person, firm or corporation, in
the manner provided by law and may be entered as a municipal lien
against the property and owner thereof, for the abatement of
nuisance.
(p) Section 302.8 shall read as follows:
Motor vehicles. Only one intact inoperative or unlicensed

motor vehicle shall be parked, stored, or kept on any premises. A
vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
(q) Section 302 is hereby amended to include the following

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Registered motor vehicles are prohibited from parking on any

non-paved area in the front or side yards of a property for a period
of greater than 12 hours. Motor vehicles may be parked on non-paved
areas in the rear yard providing that a solid fence, a minimum of 6
feet tall, is erected around the rear yard in order to screen the
contents of the yard from surrounding neighbors.
(r) Section 304.14 substitute "May 15th" for the first reference
of [DATE], and "October 15th" for the second reference of [DATE].
(s) Section 602.3 substitute "October 1st" for the first reference
of [DATE], and "May 1st" for the second reference of [DATE].
(t) Section 602.4 substitute "October 1st" for the first reference
of [DATE], and "May 1st" for the second reference of [DATE].
(u) Substitute in all relevant Sections of the Code "Building Code

Official" for [THE BUILDING OFFICIAL].
(v) Substitute in all relevant Sections of the Code "the Board of

Supervisors" for [THE GOVERNING BODY].

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CHAPTER VII
CONDUCT
Part 1
Conduct

Section 102. Definition of Person
Section 103. Injury or Damage to Person or Property
Section 104. Throwing of Materials
Section 105. Unlawful Assembly
Section 106. Civil Disorder
Section 107. Explosives
Section 108. Firearms
Section 109. Confiscation of Air and Pellet Guns
Section 110. Prohibited Hunting Areas
Section 111. Concealed Deadly Weapons
Section 112. Fireworks
Section 113. Indecent or Immoral Character
Section 114. Indecent Acts
Section 115. Profane Language
Section 116. Prostitution or Gambling Establishments
Section 117. Gambling Devices
Section 118. Posting of Advertisements
Section 119. Public Disorder
Section 120. Obstruction of Passages
Section 121. Loitering
Section 122. Accumulation of Garbage, Rubbish or Junk
Section 123. Discharge of Waste Products
Section 124. Discharge of Wastewater
Section 125. Signs; Bulletin Boards; Obstructions
Section 126. Destruction of Public Property
Section 127. Defacement or Disfigurement of Property
Section 128. Police Officer Impersonation
Section 129. Interference with Police Officer
Section 130. Failure to Assist Police Officer
Section 131. Resisting Arrest
Section 132. Prisoner Aid
Section 133. Creation of Noise to Attract Attention
Section 134. False Alarm
Part 2
Noise
Section 201. Background

Section 203. Noise Disturbance Prohibited
Section 204. Specific Prohibited Acts
Section 205. Motor Vehicles and Motorcycles on Public Right-of-Way
Section 206. Standing Motor Vehicles
Section 207. Unnecessary Horn Blowing
Section 208. Mounted Amplifying Equipment
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Section 209. Maximum Possible Sound Levels by Zoning Districts

Section 210. Exceeded Sound Levels
Section 211. Where Sound Levels are Measured
Section 212. Pure Tone and Impulsive Sound
Section 213. Measuring Instruments
Section 214. Exemptions from Sound Level Limits
Section 215. Exemptions from This Part
Section 218. Parental Responsibility for Minors
Part 3
Use of Tobacco by Certain Minors

Section 302. Prohibited Activities
Section 303. Violations and Penalties
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Part 1
Conduct
Section 101. Purpose. It is hereby declared that the enactment of this

Part is necessary for the protection, benefits, safety and welfare of the
inhabitants of the Township of Amity. (Ordinance 233, February 20, 2007,
Section 1)
Section 102. Definition of Person. The word person used in this Part
shall in all cases include any individual, partnership, association, corporation
or other entity, singular or plural, including the responsible officers of any
such association, corporation or other entity. (Ordinance 233, February 20,
2007, Section 1)
Section 103. Injury or Damage to Person or Property. It shall be

unlawful and shall constitute disorderly conduct for any person to engage in any
unlawful act tending to imperil the personal security of any person or to
endanger or injure property within the Township of Amity. (Ordinance 233,
Section 104. Throwing of Materials. It shall be unlawful and shall

constitute disorderly conduct for any person to throw on, from or unto any
highway any stones, snowballs or other material. (Ordinance 233, February 20,
2007, Section 1)
Section 105. Unlawful Assembly. No person shall, at or in any place

within the Township of Amity, conspire to create, engage in or participate in any
riot, rout, violent or unlawful assembly or affray. (Ordinance 233, February 20,
2007, Section 1)
Section 106. Civil Disorder. No person shall engage in any civil disorder
within the geographic limits of the Township of Amity or encourage, solicit or
induce, by act or deed, others to engage in civil disorders. (Ordinance 233,
Section 107. Explosives. No person shall sell or offer to sell or carry,

store or discharge any explosives, hand grenades, molotov cocktails or any
incendiary of whatsoever kind or nature within the geographic limits of the
Township of Amity, except that explosives may be used in excavation and
construction projects under the supervision of qualified personnel. (Ordinance
233, February 20, 2007, Section 1)
Section 108. Firearms. No person shall sell, offer to sell or discharge

any air rifle, pistol, revolve, shotgun, rifle or any long gun within the
geographic limits of the Township of Amity unless the sale, offer of sale or
discharge of such a firearm is in strict compliance with the applicable laws of
the Commonwealth of Pennsylvania. (Ordinance 233, February 20, 2007, Section 1)
Section 109. Confiscation of Air and Pellet Guns. Any gun which uses
compressed air or a spring as the propelling force for a pellet and when being
used or carried in violation of any provision or section of this Part may be
seized, confiscated and retained by any duly authorized police officer of the
Township of Amity or the Commonwealth of Pennsylvania and, after being so seized,
confiscated or retained shall be held for a period of ten (10) days; in the event
that no cause is shown within the ten (10) day period why said gun should be
returned, it shall thereupon be destroyed. (Ordinance 233, February 20, 2007,
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NLP AMITY CODE 13404-10 C7 6/28/16 #96120
Section 1)
Section 110. Prohibited Hunting Areas. The Board of Supervisors of Amity

Township may, by Resolution, declare certain areas of the Township to be
residential in nature and prohibit hunting within the geographic limits of an
area so designated. (Ordinance 233, February 20, 2007, Section 1)
Section 111. Concealed Deadly Weapons. No person shall carry any

concealed deadly weapon except persons duly authorized by State law. (Ordinance
Section 112. Fireworks.
(a) No person shall sell, use or discharge fireworks,

firecrackers, sparklers or other pyrotechnics in any public or private
place except authorized by State law.
(b) No person shall discharge for display or otherwise fireworks,

firecrackers, sparklers or other pyrotechnics within the Township of Amity
before first obtaining a permit from the Chief of Police of the Township
of Amity and depositing with the Township of Amity a certificate from an
insurance company satisfactory to the Township indicating that the person
applying for said permit is insured with said insurance company for all
liability to the public and property in amounts of not less than Three
Hundred Thousand Dollars ($300,000.00) for each person and One Million
Dollars ($1,000,000.00) for each accident and providing that said
insurance will be in full force and effect and noncancellable during the
day of the display or discharge.
Section 113. Indecent or Immoral Character. No person shall conduct,

attend or in any manner whatsoever participate in any exhibition of an indecent
or immoral character. (Ordinance 233, February 20, 2007, Section 1)
Section 114. Indecent Acts. No person shall make any immodest, immoral,
lewd or other indecent sign or gesture, or do or commit any other immodest,
immoral, lewd or indecent act to or in the presence of any other person or
persons in any public street, highway or place within the Township.
Section 115. Profane Language. No person shall use profane, vile or

vulgar language in the presence or hearing of any person or persons or in any
public street or highway or place within the Township of Amity. (Ordinance 233,
Section 116. Prostitution or Gambling Establishments. No person shall

operate, maintain, frequent or participate in the operation or maintenance of any
house of prostitution or assignation, or any gambling house, or any house or
building in which unlawful or disorderly acts occur. (Ordinance 233, February
20, 2007, Section 1)
Section 117. Gambling Devices. It shall be unlawful and shall constitute

disorderly conduct for any person to set up, maintain or possess any device which
is or can be used for purposes of gambling. (Ordinance 233, February 20, 2007,
Section 1)
Section 118. Posting of Advertisements. No person, except a public

officer legally thereunder authorized, shall affix any show bill, placard, poster
or other advertising device upon any pole, tree or structure within the Township
without first obtaining the consent of the owner thereof. All such show bills,
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placards, posters or other advertising devices shall be removed immediately after

the occurrence of the event or as soon as the same begins to deteriorate,
whichever shall first occur. (Ordinance 233, February 20, 2007, Section 1)
Section 119. Public Disorder. No person shall wrongfully strike another

or be engaged in any fight, affray or be or appear in a drunken or intoxicated
condition in any public street, highway or public place within the Township.
Section 120. Obstruction of Passages. No person shall willfully and

unnecessarily obstruct or interfere with travel upon any foot pavement, sidewalk
or public passageway. (Ordinance 233, February 20, 2007, Section 1)
Section 121. Loitering. No person shall lounge, loiter or loaf upon any
foot pavement, sidewalk or public passageway or upon any street corner, public
building or bridge; provided, however, that this section shall not be construed
to restrict peaceful picketing so long as one-half (1/2) of the width of the
sidewalk is kept clear for the use of other pedestrians. (Ordinance 233,
Section 122. Accumulation of Garbage, Rubbish or Junk. No person shall

deposit, dump or permit to accumulate upon any public or private property within
the Township of Amity any accumulation of garbage, rubbish or junk. (Ordinance
Section 123. Discharge of Waste Products. No person shall cast upon or

discharge into or upon any of the streets, alleys or public places in the
Township any animal carcass, fish, oyster shells, garbage, slaughter house offal,
broken glass, crockery, china, cuttings of tin, sheet iron or other metal, nails
or any other kind of material calculated to wound, bruise or maim man or beast,
or to impair property, or vegetables, fruit peels or rinds or boxes, paper,
advertisements, handbills, show bills, wastepaper, sweepings, nor suffer the same
to be or remain deposited in any location in any of said streets, alleys,
highways or other public places in the Township adjoining or adjacent to the
premises of each owner, tenant or occupier. (Ordinance 233, February 20, 2007,
Section 1)
Section 124. Discharge of Wastewater. No person shall discharge or permit

to be discharged any wastewater, sewage or drainwater upon any public road in the
Township of Amity. (Ordinance 233, February 20, 2007, Section 1)
Section 125. Signs; Bulletin Boards; Obstructions. No person shall fix,

put up or erect upon the pavement, sidewalk, curb or gutter in front of or along
any dwelling house, store or other building or premises any signboard, bulletin
board or any obstruction of any type whatsoever which will interfere with the
complete and full use, at all times, by the public of said pavement, sidewalk,
curb or gutter. (Ordinance 233, February 20, 2007, Section 1)
Section 126. Destruction of Public Property. It shall be unlawful and

shall constitute disorderly conduct for any person to tamper with, destroy or
otherwise interfere with any lights, guardrails, signs or other property or
materials placed in public places by any officials or agents of the Township of
Amity or of the Commonwealth of Pennsylvania, or any municipal subdivision
thereof. (Ordinance 233, February 20, 2007, Section 1)
Section 127. Defacement or Disfigurement of Property. No person shall

deface, disfigure, write upon or in any manner cause to be placed upon any
mailbox, house, wall or building of any kind whatsoever, or any part thereof, or
upon fences or road signs any marks, lines, figures, letters or caricatures of
any kind. (Ordinance 233, February 20, 2007, Section 1)
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Section 128. Police Officer Impersonation. No person shall falsely

impersonate a police officer or any other officer belonging to the Police
Department of the Township, or, with the intention to deceive, use or imitate any
sign, signal or device thereof. (Ordinance 233, February 20, 2007, Section 1)
Section 129. Interference with Police Officer. No person shall interfere

with any member of the Police Department of Amity Township, or any other police
officer in the performance of their duties, or obstruct or resist any of said
officers in the performance of official duty. (Ordinance 233, February 20, 2007,
Section 1)
Section 130. Failure to Assist Police Officer. It shall be unlawful and

shall constitute disorderly conduct for any person to fail to render assistance
to any police officer when called upon by him. (Ordinance 233, February 20,
2007, Section 1)
Section 131. Resisting Arrest. It shall be unlawful and shall constitute

disorderly conduct for any person to resist arrest. (Ordinance 233, February 20,
2007, Section 1)
Section 132. Prisoner Aid. No person shall in any manner aid any prisoner
in custody to escape. (Ordinance 233, February 20, 2007, Section 1)
Section 133. Creation of Noise to Attract Attention. No person shall use

any drum, loud speaker or other instrument or device for the purpose of
attracting attention by the creation of noise to any place of business or
amusement. The use of any such device outside of or near an open door or window
of any such place shall be presumed to be for such purpose. (Ordinance 233,
Section 134. False Alarm. No person shall originate any false alarm of
fire. (Ordinance 233, February 20, 2007, Section 1)
Section 135. Penalties. Any person or persons violating any of the

provisions of this Part or neglecting to comply with any order or notice issued
pursuant to a violation of any section hereof shall, upon conviction before any
District Justice of the County of Berks, to pay a fine or penalty not to exceed
One Thousand Dollars ($1,000.00) and costs for each and every offense or, in
default of payment of such fine and costs, shall be duly imprisoned in the Berks
County Prison for a period not to exceed thirty (30) days. (Ordinance 233,
Section 136. Severability. The provisions of this Part shall be

severable, and if any of its provisions shall be held to be unconstitutional,
invalid or beyond the power of the Township of Amity to prohibit the decision so
holding, it shall not be construed to affect the validity of any of the remaining
portions of this Part. It is hereby declared as the intent of the Board of
Supervisors of the Township of Amity that this Part would have been adopted had
such unconstitutional, invalid or unauthorized provision or provisions not be
included therein. (Ordinance 233, February 20, 2007, Section 1)
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Part 2
Noise
Section 201. Background. The Board of Supervisors find that excessive

levels of sound are detrimental to the physical, mental and social well—being of
the people as well as to their comfort, living conditions, general welfare and
safety and being, therefore, a public health and welfare hazard, hereby declares
it to be necessary to provide for the greater control and more effective
regulation of excessive sound and the sources of excessive sound within the
Township of Amity. (Ordinance 233, February 20, 2007, Section 1)
Section 202. Definitions. The following words, terms and phrases when
used in this Part shall have the meaning ascribed to them in this section, except
where the context clearly indicates a different meaning. All terminology used in
this Part, not defined below, shall be in conformance with the applicable
publications of the American National Standards Institute(ANSI S1.4 – 1983, ANSI
S1.4a – 1985, and its revisions) or its successor body.
(a) A-weighted Sound Level. The sound pressure level in decibels

as measured on a sound level meter using A-weighting network. The level so
read is designated dB(A).
(b) Ambient Noise. The all-encompassing noise associated with a

given environment, being usually a composite of sounds from many sources
near and far.
(c) Construction Operation. The erection, repair, renovation,

demolition or removal of any building or structure; and the excavation,
filling, grading and regulation of lots in connection therewith.
(d) Decibel dB. A unit for measuring the sound pressure level.
(e) Emergency. Any occurrence or set of circumstances involving

actual or imminent physical trauma or property damage.
(f) Emergency Work. Any work performed for the purpose of

preventing or alleviating the physical trauma or property damage
threatened or caused by an emergency.
(g) Impulsive Sound. Sound of short duration, usually less than

one second, with an abrupt onset and rapid decay. Examples of impulsive
sound include explosions, drop forge impacts and the discharge of
firearms.
(h) Muffler or Sound Dissipative Device. A device designed or

used for decreasing or abating the level of sound escaping from an engine
or machinery system.
(i) Noise. Any sound which annoys or disturbs humans or which

causes or tends to cause an adverse psychological or physiological effect
on humans.
(j) Noise Disturbance - any sound which:
(1) Endangers or injures the safety or health of

humans or animals; or
(2) Endangers or injures personal or real property; or
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(3) Is in excess of the sound levels established in

this Part.
(k) Person. Any individual, association, partnership or

corporation, and includes any officer, employee, department, agency or
instrumentality of a state or any political subdivision of a state.
Whenever used in any clause prescribing and imposing a penalty, person
includes the individual members, partners, officers and managers, or any
of them, of partnerships and associations, and as to corporation, the
officers and managers thereof or any of them.
(l) Powered Model Vehicle. Any self-propelled airborne,

waterborne or landborne plane, vessel or vehicle, which is not designed to
carry persons, including, but not limited to, any model airplane, boat,
car or rocket.
(m) Property Line (Boundary). An imaginary line drawn through the

points of contact of adjoining lands, apartments, condominiums,
townhouses, and duplexes owned, rented of leased by different persons, a
demarcation or a line of separation of properties, and also, for any two
(2) or more buildings sharing common grounds, the lawn drawn midway
between any two such buildings. All areas devoted to public right of way
shall be deemed to be across the property line. For the purpose of this
regulation, the property line includes all points on a plane formed by
projecting the property line in a manner deemed appropriate by the
enforcing police officer.
(n) Public Right-of-Way. Any street, avenue, boulevard, highway,

sidewalk, alley or similar place which is owned or controlled by a
governmental entity.
(o) Public Space. Ay real property or structures thereon which

are owned or controlled by a governmental entity.
(p) Pure Tone. Any sound which can be heard as a single pitch or
a set of single pitches. For the purpose of this Part, a pure tone shall
exist if the one-third (1/3rd) octave band sound pressure level in the band
which the tone exceeds the arithmetic average of the sound pressure levels
of the two contiguous octave bands by 5dB for center frequencies of 500 Hz
and above and by 8dB for center frequencies between 160 and 400 Hz and by
15dB for center frequencies less than or equal to 125 Hz.
(q) Real Property. All land whether publicly or privately owned,

whether improved or not improved, with or without structures, exclusive of
any areas devoted to Public Right-of-Way.
(r) Sound. An oscillation in pressure, particle displacement,

particle velocity or other physical parameter, in a medium with internal
forces that causes compression and rarefaction of that medium, or the
superposition of such propagated oscillation which evokes an auditory
sensation. The description of sound may include any characteristics of
such sound, including duration, intensity and frequency.
(s) Sound Level. The weighted sound pressure level obtained by

the use of a sound level meter and frequency weighting network, such as A,
B or C, as specified in American National Standards Institute
specifications for sound level meters (ANSI S1.4 & S1.4a, or the latest
revision thereof). If the frequency weighting employed is not indicated,
the A-weighting shall apply.
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(t) Sound Level Meter. An instrument which includes a microphone,

amplifier, RMS detector, integrator or time average, output meter and any
applicable weighting network used to measure sound pressure levels which
meets as specified in ANSI S1.4 & ANSI S1.4a. The manufacturer’s
published indication of compliance with such specifications shall be
prima-facie evidence of such compliance.
(u) Zoning Districts. The land use districts established by

Chapter XXXII, entitled “Zoning” of the Township of Amity Code of
Ordinances, and all subsequent amendments thereto.
Section 203. Noise Disturbance Prohibited. No person shall make, continue

or cause to be made or continued any noise disturbance, nor shall any person
suffer, allow or permit any noise disturbance to be made or continued from or at
any property, whether real or personal, that is subject to such person’s right to
control. (Ordinance 233, February 20, 2007, Section 1)
Section 204. Specific Prohibited Acts. The following acts, and the
causing thereof, are declared to be noise disturbances and therefore in violation
of this Part:
(a) Radios, Televisions Sets, Musical Instruments and Similar

Devices. Operating, playing, or permitting the operation or playing of any
radio, television, phonograph, drum, musical instrument, sound amplifier,
automobile radio, automobile stereo or high fidelity equipment or similar
device which produces, reproduces or amplifies sound:
(1) At any time in such a manner as to cause a noise

disturbance across a Property Line (boundary), or between the hours
of 10:00 p.m. and 7:00 a.m. so as to be plainly audible across a
Property Line (boundary); or
(2) In such a manner as to create a noise disturbance across

a Property Line (boundary) or at fifty feet from such device,
whichever is less, when the device is operated in or on a motor
vehicle, or hand carried, on a Public Right-of-Way or Public Space;
or
(3) In such a manner as to create a noise disturbance to any

person other than the operator of the device, when operated by any
passenger on a common carrier.
(b) Yelling and Shouting. Engaging in loud or raucous yelling,

hooting, whistling or singing:
(1) On the public streets between the hours of 10:00 p.m.

and 7:00 a.m.; or
(2) At any time or place in such a manner as to create a

Noise Disturbance.
(c) Construction Tools or Equipment. Operating or permitting the

operation of any tools or equipment used in construction operations,
drilling or demolition work:
(1) Between the hours of 10:00 p.m. and 6:00 a.m. the
following day on weekdays and Saturdays or at any time on Sundays,
such that the sound therefrom creates a Noise Disturbance across a
residential real property line (boundary) except for emergency work.
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(2) At any other time such that the sound level at or across
a real property line (boundary) exceeds 85 dB(A) for a period of one
hour.
(3) This Subsection (c) shall not apply to the use of

domestic power tools as hereinafter provided in Subsection (d)
hereof.
(d) Domestic Power Tools. Operating or permitting the operation

of any mechanically powered saw, drill, sander, grinder, lawn or garden
tool, snowblower or similar device used outdoors in residential areas
between the hours of 10:00 p.m. and 6:00 a.m. so as to cause a noise
disturbance across a residential property line (boundary) except in an
emergency.
(e) Loading and Unloading. Loading, unloading, opening, closing

or other handling of boxes, crates, containers, building materials,
garbage cans, or similar objects between the hours of 10:00 p.m. and 6:00
a.m. in such a manner as to cause a noise disturbance across a residential
property line (boundary).
(f) Animals and Birds. Owning, possessing, harboring or

controlling any animal or bird which howls, barks, meows, squawks, or
makes other sounds continuously and/or incessantly for a period of ten
(10) minutes or makes such noise intermittently for one-half (1/2) hour or
more to the disturbance of any person at any time of the day or night
regardless of whether the animal or bird is situated in or upon private
property; provided, however, that at the time the animal or bird is making
such noise, no person is trespassing or threatening to trespass upon
private property in or upon which the animal or bird is situated or for
any other legitimate cause which teased or provoked the animal or bird.
(g) Powered Model Vehicles. Operating or permitting the operation

of powered model vehicles so as to create a noise disturbance across a
residential property line (boundary) between the hours of 10:00 p.m. and
6:00 a.m.
(h) Street Sales. Offering for sale or selling by shouting or

outcry or by any other amplified or unamplified sound within any
residential or commercial area of the Township (see Table I in
Section 209), except between the hours of 6:00 a.m. and 10:00 p.m., and at
no time in such a manner as to violate Section 209 hereof, relating to
sound levels by districts.
(i) Tampering. The following acts or the causing thereof are

prohibited:
(1) The removal or rendering inoperative by any person,

other than for the purposes of maintenance, repair or replacement,
of any muffler or sound dissipative device or element of design or
noise label of any product.
(2) The intentional moving or rendering inaccurate or

inoperative of any sound monitoring instrument or device positioned
by or for the Police Department, provided such device or the
immediate area is clearly labeled in accordance with noise control
regulations, to warn of the potential illegality.
(3) The use of a product which has had a muffler or sound

dissipative device or element of design or noise labeled removed or
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rendered inoperative, with knowledge that such action has occurred.
(j) Trash and Recycling Trucks. Operating or permitting the

operation of and Trash Truck or Recycling Truck in residential areas
between the hours of 10:00 p.m. and 6:00 a.m. so as to cause a noise
disturbance across a residential property line (boundary).
(k) Vehicle Motorboat or Aircraft Repairs and Testing. Repairing,

rebuilding or testing any motor vehicle, motorcycle, motorboat or aircraft
in such a manner as to cause a noise disturbance across a residential real
property line (boundary).
Section 205. Motor Vehicles and Motorcycles on Public Right of Way. No

person shall operate or cause to be operated a public or private motor vehicle or
motorcycle, or any equipment attached to such a vehicle, on a public right of way
at any time in such a manner that the sound level emitted by the motor vehicle or
motorcycle, or any equipment attached to such a vehicle exceeds the level set
forth in Pennsylvania Code Title 67, Chapter 157, entitled Established Sound
Levels. (Ordinance 233, February 20, 2007, Section 1)
Section 206. Standing Motor Vehicles. No person shall operate or permit

the operation of any motor vehicle or any auxiliary equipment attached to such a
vehicle for a period longer than fifteen (15) minutes in any hour while the
vehicle is stationary for reasons other than traffic congestion, anywhere within
one hundred fifty feet (150’) of any residence in such a manner as to cause a
noise disturbance across a residential Property Line (boundary). (Ordinance 233,
Section 207. Unnecessary Horn Blowing. No person shall at any time

sound the horn or other warning device of a vehicle except when necessary as a
warning while actually driving such vehicle or unless necessary in the testing of
such for state inspection purposes. (Ordinance 233, February 20, 2007,
Section 1)
Section 208. Mounted Amplifying Equipment. No person shall operate

amplifying equipment mounted on or attached to any motor vehicle at any time in
such a manner as to exceed the maximum permissible motor vehicle noise emissions
as set forth herein. (Ordinance 233, February 20, 2007, Section 1)
Section 209. Maximum Permissible Sound Levels by Zoning Districts. No

person shall operate or cause to be operated any source of sound in such a manner
as to create a sound level which exceeds the limits set forth in the zoning
designations category in Table I below when measured at or across the Property
Line (boundary) from the noise source. Any sound source that produces sound in
excess of those levels shall constitute a Noise Disturbance.
TABLE I. SOUND LEVELS BY ZONING DISTRICTS

AS MAY BE AMENDED FROM TIME TO TIME
Zoning District of the Property Sound Level Limit, dB(A)

On Which the Source of the Noise 6:00 a.m. to 10:00 p.m. to
Is Located 10:00 p.m. 6:00 a.m.
Residential 57 52
Includes RC, LDR, MDR and MHP
Commercial 85 62
Includes HC and SCC
Manufacturing 77 77
Includes LI
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Section 210. Exceeded Sound Levels. The sound level limits set forth in
Table I shall be exceeded when any one or more of the following occur:
(a) The sound at any one (1) point in time exceeds any of the
established zone limits in Table I above by a measured sound level of
fifteen (15) dB(A); or
(b) The sound exceeds any of the established zone limits in

Table I above by a measured sound level of ten (10) dB(A) for a cumulative
total of one (1) minute or more out of any ten (10) minute period; or
(c) The sound exceeds, except in the Manufacturing District, any

of the established zone limits in Table I above by a measured sound level
of three (3) dB(A) continually for a period of five (5) minutes, or a
total of five (5) minutes out of any ten (10) minute period.
Section 211. Where Sound Levels are Measured. For the purposes of this
Part, sound shall be measured at or beyond the Property Line (boundary) of the
property on which the noise source is located. (Ordinance 233, February 20,
2007, Section 1)
Section 212. Pure Tone and Impulsive Sound. For any source of sound
which emits a pure tone or impulsive sound, the limits set forth in Table I above
shall be reduced by five (5) dB(A). (Ordinance 233, February 20, 2007,
Section 1)
Section 213. Measuring Instruments. All sound measurements shall be made

on a sound level meter calibrated in the manner required by the manufacturer’s
specifications. (Ordinance 233, February 20, 2007, Section 1)
Section 214. Exemptions from Sound Level Limits. The provisions of this
Part shall not apply to:
(a) Activities covered by the following sections: any emergency

signaling device used because of an emergency; or
(b) Interstate railway locomotives and cars traveling through the

Township; or
(c) Church bells, chimes, and carolers.
Section 215. Exemptions from Part. The following sounds are exempted
from the provisions of this Part:
(a) Amplified Announcements. Stationary electronically amplified

announcements at athletic events, political events and civic events.
(b) Blasting. Blasting, under proper permit. Such blasting may

occur only between the hours of 9:00 a.m. and 4:.00 p.m., Monday through
Friday, unless specifically authorized by permit.
(c) Concerts, Etc. Band concerts, block parties, church carnivals

or other performances or similar activities publicly or privately
sponsored and presented in any public or private space outdoors provided:
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(1) Such activities do not produce sound fifteen (15) dB(A)

in excess of sound levels set forth in Table I of Section 209
hereof; and
(2) Such activities do not occur between the hours of 10:00

p.m. and 8:00 a.m.; and
(3) All necessary permits as defined by Township ordinances

have been procured, i.e. Special Event Permit.
(d) Emergency Work. Sounds caused by the performance of emergency

work or by the ordinary and accepted use of emergency apparatus and
equipment.
(e) Municipal and Utility Services. Sounds resulting from the

repair or replacement of any municipal or utility installation in or about
the public right of way.
(f) School and Public Activities. Sounds not electronically

amplified, created by organized school-related programs, activities,
athletic and entertainment events, or other public programs, activities or
events, other than motor vehicle racing events.
(g) Warning Devices. Sounds made by warning devices operating

continuously for three (3) minutes or less except in the event of an
actual emergency, the time limitation shall not apply.
Section 216. Enforcement. This Part shall be enforced by the Amity

Township Police Department. (Ordinance 233, February 20, 2007, Section 1)
Section 218. Penalties. Any person who violates any provision of this
Part shall, upon conviction thereof, in a summary proceeding be fined not more
than One Thousand Dollars ($1,000.00) for each and every offense, plus costs of
prosecution and/or imprisonment for a term not exceeding ninety (90) days. Each
day during which any person violates any provision of this Part shall constitute
a separate offense. (Ordinance 233, February 20, 2007, Section 1)
Section 219. Parental Responsibility for Minors. Parents of persons under

eighteen (18) years of age shall be held jointly and severally liable with the
Minor for penalties incurred by, caused or committed by their children.
Section 220. Severability. If any Section of this Part is held invalid,

the remainder of this Part, and the application of such provision to other
persons or circumstances, shall not be affected thereby. (Ordinance 233,
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Part 3
Use of Tobacco by Certain Minors
Section 201. Definitions. As used in this Part, the following terms shall
have the meanings indicated:
(a) Township Owned Property. Any public street, highway, road,

alley, right-of-way, park, playground, public building or vacant lot owned
by the Township of Amity and including any property leased by or under the
control of the Township of Amity.
(b) Tobacco Product. A cigarette, cigar, pipe tobacco or other

smoking tobacco product or smokeless tobacco, in any form, manufactured
for the purpose of consumption by a purchaser, and any cigarette paper or
product used for smoking tobacco.
Section 202. Prohibited Activities. It shall be unlawful for any minor under
the age of eighteen (18) years to use or possess a Tobacco Product, in any form,
on, in or upon any Township owned property. (Ordinance 204, August 17, 2004,
Section 2)
Section 203. Violations and Penalties.
(a) First Offense. Any Police Officer who finds a minor violating
the provisions of this Part shall obtain information from such minor as to
his name, address and age and the name and address of his parent(s) or
guardian. The minor shall then be issued a verbal warning and the Police
Officer shall attempt to make verbal notification to the parent(s) or
guardian of the minor. A written notice shall also be mailed to the
parent(s) or guardian of the minor advising them of the violation of this
Part.
(b) Second and Subsequent Offenses. Any minor violating the

provisions of this Part for a second (2nd) time within a six (6) month
period shall have committed a summary offense and upon conviction thereof,
shall be sentenced to pay of fine of not more than Three Hundred Dollars
($300.00) for the second (2nd) and each subsequent violation and, at the
discretion of the sentencing authority, the completion of a tobacco use
prevention and cessation program approved by the Pennsylvania Department
of Health.
(c) A summary offense under this section shall not be a criminal

offense of record, shall not be reportable as a criminal act and shall not
be placed on the criminal record of the minor if any such record exists.
Section 204. Severability. If any sentence, clause, section or part of this

Part is, for any reason, found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or impact any
other remaining provisions, sentences, clauses, sections or parts of this Part.
It is hereby declared as the intent of the Township of Amity that this Part would
have been adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof had not been included herein. (Ordinance 204, August 17,
2004, Section 2)
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NLP AMITY CODE 13404-10 C8 12/28/00 #95013
CHAPTER VIII
CURFEW

Section 102. Unlawful Conduct of Minors
Section 103. Unlawful conduct of Parents
Section 104. Unlawful conduct of Owners or Operators of Establishments
Section 105. Enforcement and Penalties
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CHAPTER VIII
CURFEW
(a) Establishment. Any privately owned place of business carried

on for a profit or any place of amusement or entertainment to which the
public is invited.
(b) Minor. Any person seventeen (17) years of age or under.
(c) Official Township Time. Eastern Standard Time except from the
first Sunday in April to the last Sunday in October, when it shall be
Eastern Daylight Saving Time.
(d) Operator. Any individual, firm, association, partnership or

corporation operating, managing or conducting any establishment; and
whenever used in any clause prescribing a penalty, the term “operator”, as
applied to associations or partnerships, shall include the members or
partners thereof, and as applied in corporations shall include the
officers thereof.
(e) Parent. Any natural parent of a minor, a guardian or any

adult person, twenty-one (21) years of age or over, responsible for the
care and custody of a minor.
(f) Public Place. Any public street, highway, road, alley, park,
playground, public building or vacant lot.
(g) Remain. To be present, idle, wander, stroll or play in or

upon.
(h) School-Sponsored Activity. Any dance, class, game or club

activity under the supervision of any agents or teachers of any school
district.
(i) Returning. The direct route home for a person who has
attended or participated in a school-sponsored activity as herein
provided.
(j) Weekday. Sunday, Monday, Tuesday, Wednesday and Thursday,

excepting therefrom Friday and Saturday.
(k) Weekend Days. Friday and Saturday, excluding therefrom

Sunday, Monday, Tuesday, Wednesday and Thursday.
(Ordinance 44, October 20, 1972, Section 3; Ordinance 45, November 17, 1972,
Section 3)
Section 102. Unlawful Conduct of Minors.
(a) Weekdays from Nov. 2nd to October 19th. It shall be unlawful

for any minor to remain in or upon any public place or any establishment
on any weekday from November 2nd of each year to October 19th of the
following year between the hours of ten o’clock (10:00) p.m. and six
o’clock (6:00) a.m. of the following day, Official Township Time.
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(b) Weekends from November 2nd to October 19th. It shall be

unlawful for any minor to remain in or upon any public place or any
establishment on any weekend day from November 2nd of each year to October
19th of the following year between the hours of eleven fifty-nine (11:59)
p.m. and six o’clock (6:00) a.m. of the following day, Official Township
Time.
(c) From October 20th to November 1st. It shall be unlawful for any
minor to remain in or upon any public place or in any establishment from
October 20th to November 1st of each year between the hours of nine o’clock
(9:00) p.m. and six o’clock (6:00) a.m. of the following day, Official
Township Time.
(d) The provisions of this section shall not apply to any minor
accompanied by a parent, or to a minor upon an errand or other legitimate
business directed by such minor’s parent, or to any minor who is engaged
in gainful lawful employment during the curfew hours.
(e) Each violation of the provisions of this section shall

constitute a separate offense.
(Ordinance No. 44, November 20, 1972, Section 4; Ordinance 45, November 17, 1972,
Section 4; as amended by Ordinance 59, October 18, 1974, Section 10)
Section 103. Unlawful Conduct of Parents.
(a) Weekdays from November 2nd to October 19th. It shall be

unlawful for any parent knowingly to permit any minor to remain in or upon
any public place or any establishment on any weekend from November 2nd of
each year to October 19th of the following year between the hours of ten
o’clock (10:00) p.m. and six o’clock (6:00) a.m. of the following day,
Official Township Time, while this curfew is in effect.

unlawful for any parent knowingly to permit any minor to remain in or upon
any public place or any establishment on any weekend day from November 2nd
of each year to October 19th of the following year between the hours of
eleven fifty-nine (11:59) p.m. and six o’clock (6:00) a.m. of the
following day, Official Township Time.
(c) From October 20th to November 1st. It shall be unlawful for

any parent knowingly to permit any minor to remain in or upon any public
place or any establishment from October 20th to November 1st of each year
between the hours of nine o’clock (9:00) p.m. and six o’clock (6:00) a.m.
of the following day, Official Township Time, while this curfew is in
effect.
(d) The provisions of this section shall not apply to any parent
who accompanies a minor or to a parent who directs a minor upon an errand
or other legitimate business or to any parent of a minor engaged in
gainful lawful employment during the curfew hours, or any parent of a
minor who is returning from a school sponsored activity.
(e) Each violation of the provisions of this section shall

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NLP AMITY CODE 13404-10 C8 12/28/00 #95013
Section 104. Unlawful Conduct of Owners or Operators of Establishments.
(a) Weekdays from November 2nd to October 19th. It shall be

unlawful for any operator of any establishment or their agents or
employees knowingly to permit any minor to remain upon the premises of
said establishment on any weekday from November 2nd of each year to October
19th of the following year between the hours of ten o’clock (10:00) p.m.
and six o’clock (6:00) a.m. of the following day, Official Township Time,
while this curfew is in effect.

unlawful for any operator of any establishment or their agents or
employees knowingly to permit any minor to remain upon the premises of
said establishment on any weekend day from November 2nd of each year to
October 19th of the following year between the hours of eleven fifty-nine
Township Time.
(c) From October 20th to November 1st. It shall be unlawful for any
operator of any establishment or their agents or employees knowingly to
permit any minor to remain upon the premises of said establishment from
October 20th to November 1st of each year between the hours of nine o’clock
Township Time, while this curfew is in effect.
(d) Each violation of the provisions of this section shall

Section 105. Enforcement and Penalties.
(a) Any Police Officer who finds a minor violating the provisions
of this Ordinance shall obtain information from such minor as to his name
and address, age, and the name and address of his parent, parents or
guardian. The minor shall thereupon be instructed to proceed to his home
forthwith and, if possible, shall be accompanied by the Police Officer.
The Police Officer shall ascertain, if possible, if the parent, parents or
guardian are at home and, if so, notify them verbally of the violation of
both the parent and child. If the parent, parents or guardian are not
found at home, the Police Officer shall make such report to his superior
officer. In all cases, whether or not verbal notice has been given, a
written notice shall also be mailed to the parent, parents or guardian of
the minor advising them of the violation of this Ordinance.
(b) Any parent who shall permit a minor to violate the provisions
of this Ordinance after having received notice of a prior violation shall
be fined not more than Six Hundred Dollars ($600.00) for each violation,
together with judgment of imprisonment not exceeding thirty (30) days, if
any fine is imposed, together with costs, if not paid within ten (10) days
of the date of imposition thereof. Prosecutions shall be before any
District Justice and all fines imposed and collected shall be paid into
the Township treasury for the use of the Township.
(c) Any operator of any establishment and any agents or employees

of any operator who shall violate the provisions of this Ordinance shall
be fined not more than Six Hundred Dollars ($600.00) for each violation,
together with judgment of imprisonment, not exceeding thirty (30) days if
any fine is impose, together with costs, if not paid within ten (10) days
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of the date of imposition thereof. Prosecutions shall before any District

Justice and all fines imposed and collected shall be paid into the
Township treasury for the use of the Township.
Section 7)
Section 106. Special Events. Where there are special events, programs or
functions by properly organized and supervised organizations to advance
legitimate recreation, character development, religious training and school
activities in the building of good citizenship in young people, the Amity
Township Supervisors will grant special consideration in such cases upon receipt
of notice thereof and the children will be permitted to proceed directly from the
event to their homes without incident. (Ordinance 44, October 20, 1972,
Section 8; Ordinance 45, November 17, 1972, Section 8)
Section 107. Severability. If any section of this Ordinance shall be found

to be invalid, the other sections of the Ordinance shall not be affected thereby.
Section 2).
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NLP AMITY CODE 13404-10 C9 5/1/03 #104962
CHAPTER IX
FIRE PREVENTION AND FIRE PROTECTION
Part 1
Fire Marshall; Fire Committee
Section 101. Appointment of Fire Marshall

Section 102. Fire Committee Rights and Duties
Part 2
Fire Prevention and Public Safety

Section 202. Defective or Hazardous Conditions
Section 203. False Alarms
Section 204. Depositing of Materials Liable to Spontaneous Ignition
Section 205. Storage of Combustible Materials
Part 3
Open Fires

Section 303. Open Fire Regulations
Section 304. Limitations
Part 4
Fire Insurance Escrow
Section 401. Use of Fire Insurance Proceeds

Section 402. Limits of Liability
Section 403. Insurance Company Rights Reserved
Section 404. Construction
Section 405. Notification of Pennsylvania Department of Community and
Economic Development
Section 406. Penalty
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Part 1
Fire Marshall; Fire Committee
Section 101. Appointment of Fire Marshall. In order to carry out the

provisions of this Chapter, the Board of Supervisors of Amity Township shall
appoint a citizen of the Township able and familiar with fire hazards and fire
risks as the Fire Marshall. Said Fire Marshall shall have power and authority to
inspect any and all premises and buildings in the Township for fire hazards.
Said Fire Marshall shall be appointed as soon as possible after enactment of this
Ordinance and shall serve until December 31, 1995 or until a successor is duly
appointed. The office of Fire Marshall shall be filled every two (2) years
thereafter. The Board of Supervisors shall have the power to fill a vacancy in
the event that one occurs and likewise shall have the power to remove said Fire
Marshall at any time. (Ordinance 3, February 4, 1956, Section 8)
Section 102. Fire Committee Rights and Duties. In order to carry out the
provisions of this Chapter pertaining to fire risks and hazards, the Fire
Committee appointed each year by the Fire Marshall of the Township, duly
designated by the Board of Supervisors of the Township of Amity, shall have
supervision over, and examine all fire risks in the Township, and upon finding
any hazards shall report the same to the Fire Marshall, who will then forward a
notice to the owner stating the danger and recommending changes to be made. For
that purpose, with the consent of the owner, the members of said Fire Committee
shall have authority to enter any building and inspect the conditions existing
therein so far as the same refers to fire risks, unless an emergency exists or a
legal warrant is obtained, in which case the owner’s permission is not required.
(Ordinance 36, February 6, 1970, Section 21F)

provisions of this Part or neglecting or failing to comply with any order or
notice issued pursuant to a violation of any section hereof shall, upon
conviction before any District Justice within the County of Berks, be sentenced
to pay a fine not exceeding One Thousand Dollars ($1,000.00) for each offense,
with costs to be recovered in the name of the Township of Amity, Berks County,
Pennsylvania, and if the amount of said judgment and costs shall not be paid,
said person shall suffer imprisonment in the Berks County Prison for a period not
exceeding thirty (30) days. (Ordinance 3, February 4, 1956, Section 9; as
amended by Ordinance 36, February 6, 1970, Section 22)

holding, said provision shall not be construed to affect the validity of any of
the remaining portions of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township of Amity that this Part would have been
adopted had such unconstitutional, invalid or unauthorized provision not been
Part 2
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Section 201. Definition of Person. The word Person used in this Part
shall in all cases include any individual, partnership, association or
corporation, singular or plural, including the responsible officers of any such
association or corporation. (Ordinance 36, February 6, 1970, Section 23)
Section 202. Defective or Hazardous Conditions. Any chimney, furnace or

smokestack found to be defective, any fire hazards found, or any fire escapes or
exists which are blocked or found defective, upon inspection, shall immediately
be repaired or cleared upon written or printed notice from the Township Fire
Marshall. Such notice shall contain a specific statement of the danger or hazard
and a recommendation of the change or changes which are to be made.
February 6, 1970, Section 21E)
Section 203. False Alarms. No person shall make or originate any false
alarm of fire. (Ordinance 3, February 4, 1956, Section 4; as amended by
Ordinance 36, February 6, 1970, Section 21A)
Section 204. Depositing of Materials Liable to Spontaneous Ignition. No

person shall deposit hot ashes, smouldering coals or embers, grease or oily
substances or other matter liable to spontaneous ignition within ten feet (10')
of any wooden or plastered wall, partition, fence, hedge, floor, lumber, rubbish
or any other combustible container. Such containers, unless resting on the
ground, outside the building, must be placed on noncombustible stands and in
every case must be kept at least two feet (2') from any wall, partition or other
combustible material. (Ordinance 36, February 6, 1970, Section 21C)
Section 205. Storage of Combustible Materials. It shall be unlawful for

any person, persons, firm or corporation making, using, storing or having charge
or control of any shavings, excelsior, rubbish, sacks, bags, litter or other
combustible trash or fragments to fail, neglect or refuse at the close of each
day to cause all such material which is not compactly baled or stacked in an
orderly manner to be removed from the premises or stored in a noncombustible
container as prescribed in Section 203 of this Part. (Ordinance 36, February 6,
1970, Section 21D)


holding, said provision shall not be construed to affect the validity of any of
the remaining portions of this Part. It is hereby declared as the intent of the
Board of Supervisors of the Township of Amity that this Part would have been
adopted had such unconstitutional, invalid or unauthorized provision not been
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Part 3
Open Fires
(a) Board of Supervisors. The Board of Supervisors of the

Township of Amity.
(b) Incinerator. Any device specifically designed for the

destruction by burning of refuse, sewage, sludge or any other combustible
container.
(c) Open Fire. A fire in which any material is burned in the open
or not in a receptacle.
(d) Person. Any individual, partnership, association,

corporation, department, bureau, agency or other legal entity.”

December 17, 2001, Section 1)
Section 302. Enforcement. The Board of Supervisors shall have the power
to enforce the provisions of this Part and does specifically authorize and
empower the Fire Marshal, or his designee, to enforce the same. (Ordinance 114,
February 20, 1989, Section 2; as amended by Ordinance 185, December 17, 2001,
Section 2)
Section 303. Open Fire Regulations.
(a) No person shall kindle or maintain an open fire or authorize

any fire to be kindled or maintained on any street, avenue, alley,
easement or right of way. This shall also include all Amity Township
property. No open fire shall be kindled within 50' of any structure,
fence, property line or combustible material. All fires must be guarded
by one or more responsible persons until such fire has burned out. It is
unlawful to kindle or maintain any open fire or authorize any open fire
between sunset and sunrise.
(b) When any field or brushland is to be burned, which field or

brushland is an acre or more in area or adjacent to or adjoining any
building, notice of such burning must be given by the person intending to
make the fire to the Chief of the local fire company or the Fire Marshal
of the Township at least twenty-four (24) hours prior to the time such
burning is to take place.
(c) No person shall burn rubbish or paper except in containers or

devices which will keep such fires under safe and adequate control.
(d) No person shall burn garbage within the geographic limits of

the Township of Amity except in containers constructed or manufactured for
such purpose and in such manner not offensive to his neighbors.
(e) No person shall burn rubbish, garbage or refuse of any kind

within those areas of the Township of Amity when the Township provides for
the collection and disposal of garbage, rubbish, refuse, paper, etc.
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(f) Within the Amity Township limits, no person shall ignite,

feed, allow or permit the maintenance of any open fire in any public or
private place outside any building or device approved and built
specifically for containment of a fire, unless the fire is under the
direct and constant supervision of an adult.
(g) It shall be unlawful for residents of Amity Township to burn

any recyclables that are included in the Township Recycling Program.
(Ordinance 3, February 4, 1956, Sections 5-6; as amended by Ordinance 36,

February 6, 1970, Sections 11 & 21; as further amended by Ordinance 114,
February 20, 1989, Section 3; as further amended by Ordinance 185, December 17,
2001, Section 3)
Section 304. Limitations. On any occasion when an open fire is ignited,

fed, permitted or allowed to be maintained outside a building or device
constructed to contain said fire, the Fire Marshal, or his designee, may, in his
judgment determine that the fire constitutes a danger to any person or property,
whether public or private, and order the fire extinguished or direct such other
restrictions or limitations to contain and remove the danger of loss or injury.


It is hereby declared as the intent of the Board of Supervisors that this Part
would have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein. (Ordinance 36,
February 6, 1970, Section 24; as amended by Ordinance 114, February 20, 1989,
Section 6)
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Part 4
Section 401. Use of Fire Insurance Proceeds.
(a) No insurance company, association of exchange (hereinafter

“insurer”) doing business in the Commonwealth of Pennsylvania shall pay a
claim of a named insured for fire damage to a structure located within the
Township of Amity, Berks County, Pennsylvania where the amount recoverable
for the fire loss to the structure under all policies exceeds Seven
Thousand Five Hundred Dollars ($7,500.00), unless the insurer is furnished
by the Treasurer of the Township of Amity with a Certificate pursuant to
Section 508(b) of the Insurance Company Law of 1921, as amended by Act 98
of 1992 and Act 93 of 1994 (collectively the “Act”) and unless there is
compliance with the procedures set forth in Section 508(c) and 508(d) of
the Act.
(b) Where there are delinquent taxes, assessments, penalties or

user charges against the property (“municipal claims”), or there are
expenses which the Township has incurred as costs for removal, repair or
securing of a building or other structure on the property (collectively
“municipal expenses”), the Treasurer of the Township shall immediately
render a bill for such work, if not already done. Upon written request of
the named insured specifying the description of the property, the name and
address of the insurer and the date of receipt by the insurer of a loss
report of the claim, the Treasurer of the Township shall furnish a
Certificate within fourteen (14) days after the request of the insurer
either:
(1) Stating that there are no unpaid municipal claims or

municipal expenses against the property; or
(2) Specifying the nature and amount of such claims or

expenses, accompanied by a bill for such amounts.
Taxes, assessments, penalties and user charges shall be deemed

delinquent for this purpose if a lien could have been filed for such
claims under applicable law. Upon receipt of a Certificate and bill
pursuant to Subsections (a) and (b) of this Section, the insurer shall
transfer to the Treasurer of the Township an amount from the insurance
proceeds sufficient to pay said sums prior to making payment to the named
insured, subject to the provisions of Subsection (c) of this Section.
(c) When all municipal claims and municipal expenses have been
paid pursuant to Subsections (a) and (b) of this Section, or when the
Township Treasurer has issued a Certificate described in Subsections (a)
and (b) of this Section indicating that there are no municipal claims or
municipal expenses against the property, the insurer shall pay the claim
of the named insured, provided, however, that if the loss agreed upon by
the named insured and the insurer equals or exceeds sixty percent (60%) of
the aggregate limits of liability on all fire policies covering the
building or structure, the following procedures must be followed:
(1) The insurer shall transfer from the insurance proceeds

to the Township Treasurer, in the aggregate, Two Thousand Dollars
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($2,000.00) for each Fifteen Thousand Dollars ($15,000.00) of such

claim or fraction thereof.
(2) If at the time a loss report is submitted by the

insured, such insured has submitted to the insurer, with a copy to
the Township, a contractor’s signed estimate of the cost of
removing, repairing or securing the building or other structure in
an amount less than the amount calculated under the foregoing
transfer formula, the insurer shall transfer to the Treasurer for
the Township from the insurance proceeds the amount specified in the
estimate. If there is more than one insurer, the transfer of
proceeds shall be on a pro-rata basis by all insurers insuring the
building or other structure.
(3) Upon receipt of the above described portion of the

insurance proceeds, the Treasurer of the Township shall do the
following:
(i) Place the proceeds in a separate fund to be used

solely as security against the total municipal expenses
anticipated by the Township to be required in removing,
repairing or securing the building or structure as required by
this Part. Such costs shall include, without limitation, any
engineering, legal or administrative costs incurred by the
Township in connection with such removal, repair or securing
or any proceedings related thereto.
(ii) Mail to the named insured at the address received

from the insurer a notice that the proceeds have been received
by the Township and that the procedures under this Subsection
shall be followed.
(iii) After the transfer, then named insured may submit

to the Township a contractor’s signed estimate of the cost of
removing, repairing or securing the building or other
structure, in which event the Township Treasurer shall, if
such estimates deemed by the Township Treasurer to be
reasonable, return to the insured the amount of the funds
transferred to the Township in excess of that amount required
to pay the municipal expenses; provided, however, that the
Township has not commenced to remove, repair or secure the
building or other structure, in which case the Township will
complete the work.
(iv) Pay to the Treasurer of the Township for

reimbursement to the Township’s General Fund, the amount of
the municipal expenses paid by the Township.
(v) Pay the remaining balance in the fund without

interest to the named insured upon receipt of a Certificate
issued by the Township Treasurer that the repair, removal or
securing of the building or other structure has been completed
in accordance with all applicable Codes and Regulations of the
Township.
(vi) Nothing in this Section shall be construed to

limit the ability of the Township to recover any deficiency in
the amount of municipal claims or municipal expenses recovered
pursuant to this Part, or to insurance proceeds, by an action
at law or in equity to enforce the Township Codes, or to enter
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into an agreement with the named insured with regard to such

other disposition of the proceeds as the Township may deem
responsible.
Section 402. Limits of Liability. Nothing in this Part shall be construed

to make an insurance company, association or exchange liable for any amount in
excess of proceeds payable under its insurance policy or for any other act
performed pursuant to this Part or to make the Township or any public official of
the Township an insured under a policy of insurance or to create an obligation to
pay delinquent property taxes or unpaid removal liens or expenses other than as
provided in this Part. (Ordinance 191, September 3, 2002, Section 1)
Section 403. Insurance Company Rights Reserved. An insurance company,

association or exchange making payment of policy proceeds under this Part for
delinquent taxes or structural removal liens or removal expenses incurred by the
Township shall have full benefit of such payment including all rights of
subrogation and of assignment. (Ordinance 191, September 3, 2002, Section 1)
Section 404. Construction. This Part shall be liberally construed to

accomplish its purpose to deter the commission of arson and related crimes, to
discourage the abandonment of property and to prevent urban blight and
deterioration. (Ordinance 191, September 3, 2002, Section 1)
Section 405. Notification of Pennsylvania Department of Community and

Economic Development. The Treasurer of the Township shall transmit a certified
copy of this Part promptly to the Pennsylvania Department of Community and
Economic Development. (Ordinance 191, September 3, 2002, Section 1)
Section 406. Penalty. Any owner of property, any named insured or insurer
who violates the provisions of this Part or who shall fail to comply with any of
the requirements hereof shall be sentenced upon conviction thereof to pay a fine
not greater than One Thousand Dollars ($1,000.00) plus costs and in default of
payment of said fine and costs to a term of imprisonment not to exceed thirty
(30) days. Each day in which an offense shall continue shall be deemed a
separate offense. (Ordinance 191, September 3, 2002, Section 1)

It is hereby declared as the intent of the Board of Supervisors of Amity
Township that this Part would have been adopted had such unconstitutional,
herein. (Ordinance 191, September 3, 2002, Section 1)
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CHAPTER X
FLOOD PLAIN MANAGEMENT
Part 1
General Provisions
Section 101. Statutory Authorization

Section 102. Intent
Section 103. Applicability
Section 104. Abrogation and Greater Restrictions
Section 106. Warning and Disclaimer of Liability
Section 107. Repealer
Part 2
Administration
Section 201. Designation of Floodplain Administrator

Section 202. Permits Required
Section 203. Issuance of Building Permit and General Requirements
Section 204. Application Procedures and Requirements
Section 205. Review of Application by Others
Section 206. Changes
Section 207. Placards
Section 208. Start of Construction
Section 211. Fees
Part 3
Identification of Floodplain Areas
Section 301. Identification

Section 302. Description and Special Requirements of Identified Floodplain
Areas
Section 303. Changes in Identification of Area
Section 304. Boundary Disputes
Section 305. Jurisdictional Boundary Changes
Part 4
Technical Provisions
Section 401. General

Section 402. Elevation and Floodproofing Requirements
Section 403. Design and Construction Standards
Section 404. Development Which May Endanger Human Life
Section 405. Special Requirements for Subdivisions
Section 406. Special Requirements for Manufactured Homes
Section 407. Special Requirements for Recreational Vehicles
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Part 5
Activities Requiring Special Exceptions

Section 502. Application Requirements for Special Permits
Section 503. Application Review Procedures
Section 504. Special Technical Requirements
Part 6
Existing Structures in Identified Floodplain Areas
Section 601. Existing Structures

Section 602. Improvements
Part 7
Variances

Section 702. Variance Procedures and Conditions
Part 8
Definitions

Section 802. Specific Definitions
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Part 1
General Provisions
Section 101. Statutory Authorization. The Legislature of the Commonwealth

of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management
Act of 1978, delegated the responsibility to local governmental units to adopt
floodplain management regulations to promote public health, safety, and the
general welfare of its citizenry. Therefore, the Board of Supervisors of the
Township of Amity does hereby order as follows.
Section 102. Intent.
The intent of this Chapter is to:
(a) Promote the general health, welfare, and safety of the

community.
(b) Encourage the utilization of appropriate construction

practices in order to prevent or minimize flood damage in the future.
(c) Minimize danger to public health by protecting water supply

and natural drainage.
(d) Reduce financial burdens imposed on the community, its

governmental units, and its residents, by preventing excessive development
in areas subject to flooding.
(e) Comply with federal and state floodplain management

requirements.
Section 103. Applicability. It shall be unlawful for any person,

partnership, business or corporation to undertake, or cause to be undertaken, any
construction or development anywhere within an identified floodplain area within
Township of Amity unless a Permit has been obtained from the Floodplain
Administrator.
Section 104. Abrogation and Greater Restrictions. This Chapter supersedes

any other conflicting provisions which may be in effect in identified floodplain
areas. However, any other ordinance provisions shall remain in full force and
effect to the extent that those provisions are more restrictive. If there is any
conflict between any of the provisions of this Chapter, the more restrictive
shall apply.
Section 105. Severability. If any section, subsection, paragraph,

sentence, clause, or phrase of this Ordinance shall be declared invalid for any
reason whatsoever, such a decision shall not affect the remaining portions of the
Ordinance, which shall remain in full force and effect, and for this purpose the
provisions of this Ordinance are hereby declared to be severable.
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Section 106. Warning and Disclaimer of Liability. The degree of flood

protection sought by the provisions of this Chapter is considered reasonable for
regulatory purposes and is based on accepted engineering methods of study.
Larger floods may occur or flood heights may be increased by man-made or natural
causes, such as ice jams and bridge openings restricted by debris. This Chapter
does not imply that areas outside any identified floodplain areas, or that land
uses permitted within such areas will be free from flooding or flood damages.
This Chapter shall not create liability on the part of the Township of
Amity or any officer or employee thereof for any flood damages that result from
reliance on this Chapter or any administrative decision lawfully made there
under.
Section 107. Repealer. Any other ordinance or part of ordinances

conflicting with the provisions of this Ordinance are hereby repealed insofar as
they are inconsistent with this Ordinance’s provisions.
(Ordinance 278, June 20, 2012, Section 10
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Part 2
Administration
Section 201. Designation of Floodplain Administrator. The Building Code

Official is hereby appointed to administer and enforce this ordinance and is
referred to herein as the Floodplain Administrator.
Section 202. Permits Required. A Permit shall be required before any

construction or development is undertaken within any identified floodplain area
of the Township of Amity.
Section 203. Issuance of Building Permit and General Requirements.
(a) The Floodplain Administrator shall issue a Permit only after

it has been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable codes
and ordinances.
(b) Prior to the issuance of any permit, the Floodplain

Administrator shall review the application for the permit to determine if
all other necessary government permits required by state and federal laws
have been obtained, such as those required by the Pennsylvania Sewage
Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and
Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean
Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act,
Section 404, 33, U.S.C. 1344. No permit shall be issued until this
determination has been made.
(c) During the construction period, the Floodplain Administrator

or other authorized official shall inspect the premises to determine that
the work is progressing in compliance with the information provided on the
permit application and with all applicable municipal laws and ordinances.
He/she shall make as many inspections during and upon completion of the
work as are necessary.
(d) In the discharge of his/her duties, the Floodplain

Administrator shall have the authority to enter any building, structure,
premises or development in the identified floodplain area, upon
presentation of proper credentials, and a minimum 24 hour advance written
notice unless a state or federal emergency is declared.
(e) In the event the Floodplain Administrator discovers that the

work does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or
misrepresentation by any applicant, the Floodplain Administrator shall
revoke the Permit and report such fact to the Township Board of
Supervisors for whatever action is considered necessary.
(f) The Floodplain Administrator shall maintain all records

associated with the requirements of this ordinance including, but not
limited to, permitting, inspection and enforcement.
(g) The Floodplain Administrator shall consider the requirements
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of the latest adopted Pennsylvania versions of the International Building

Code and the International Residential Code, as amended.
Section 204. Application Procedures and Requirements.
(a) Application for such a Permit shall be made, in writing, to

the Floodplain Administrator on forms supplied by the Township of Amity.
Such application shall contain the following:
(1) Name and address of applicant.
(2) Name and address of owner of land on which proposed

construction is to occur.
(3) Name and address of contractor.
(4) Site location including address.
(5) Listing of other permits required.
(6) Brief description of proposed work and estimated cost,

including a breakout of flood-related cost and the market value of
the building before the flood damage occurred where appropriate.
(7) A plan of the site showing the exact size and location
of the proposed construction as well as any existing buildings or
structures.
(b) If any proposed construction or development is located

entirely or partially within any identified floodplain area, applicants
for Permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(1) all such proposals are consistent with the need to

minimize flood damage and conform with the requirements of this and
all other applicable codes and ordinances;
(2) all utilities and facilities, such as sewer, gas,

electrical and water systems are located and constructed to minimize
or eliminate flood damage; and
(3) adequate drainage is provided so as to reduce exposure

to flood hazards.
(4) structures will be anchored to prevent floatation,

collapse, or lateral movement.
(5) building materials are flood-resistant.
(6) appropriate practices that minimize flood damage have

been used.
(7) electrical, heating, ventilation, plumbing, air

conditioning equipment, and other service facilities have been
designed and located to prevent water entry or accumulation.
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(c) Applicants shall file the following minimum information plus

any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
(1) A completed Permit Application Form.
(2) A plan of the entire site, clearly and legibly drawn at

a scale of one (1) inch being equal to one hundred (100) feet or
less, showing the following:
(i) north arrow, scale, and date;
(ii) topographic contour lines, if available;
(iii) the location of all existing and proposed

buildings, structures, and other improvements, including the
location of any existing or proposed subdivision and
development;
(iv) the location of all existing streets, drives, and

other access ways; and
(v) the location of any existing bodies of water or

watercourses, identified floodplain areas, and, if available,
information pertaining to the floodway, and the flow of water
including direction and velocities.
(3) Plans of all proposed buildings, structures and other
improvements, drawn at suitable scale showing the following:
(i) the proposed lowest floor elevation of any

proposed building based upon North American Vertical Datum of
1988:
(ii) the elevation of the base flood;
(iii) supplemental information as may be necessary under

the standards and specifications of the latest adopted Pennsylvania
versions of the International Building Code and the International
Residential Code as amended.
(4) The following data and documentation:
(i) if available, information concerning flood depths,

pressures, velocities, impact and uplift forces and other
factors associated with a base flood; and
(ii) detailed information concerning any proposed

floodproofing measures and corresponding elevations.
(iii) documentation, certified by a registered

professional engineer or architect, to show that the
cumulative effect of any proposed development within an AE
Area/District without floodway (Section 302(b)) when combined
with all other existing and anticipated development, will not
increase the base flood elevation more than one (1) foot at
any point.
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(iv) a document, certified by a registered professional

engineer or architect, which states that the proposed
construction or development has been adequately designed to
withstand the pressures, velocities, impact and uplift forces
associated with the base flood.
Such statement shall include a description of the type

and extent of flood proofing measures which have been
incorporated into the design of the structure and/or the
development.
(v) detailed information needed to determine

compliance with Section 403(f), Storage, and Section 404,
Development Which May Endanger Human Life, including:
1) the amount, location and purpose of any

materials or substances referred to in Section 403(f)
and Section 404 which are intended to be used,
produced, stored or otherwise maintained on site.
2) a description of the safeguards incorporated

into the design of the proposed structure to prevent
leaks or spills of the dangerous materials or substances
listed in Section 404 during a base flood.
(vi) the appropriate component of the Department of

Environmental Protection's "Planning Module for Land
Development."
(vii) where any excavation or grading is proposed, a

plan meeting the requirements of the Department of
Environmental Protection, to implement and maintain erosion
and sedimentation control.
(d) Applications for Permits shall be accompanied by a fee,

payable to the municipality as established by Resolution of the Board of
Supervisors from time to time.
Section 205. Review of Application by Others. A copy of all plans and

applications for any proposed construction or development in any identified
floodplain area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals (e.g. planning
commission, municipal engineer, etc.) for review and comment.
Section 206. Changes. After the issuance of a Permit by the Floodplain

Administrator, no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with the
application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and shall be
submitted by the applicant to Floodplain Administrator for consideration.
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Section 207. Placards. In addition to the Permit, the Floodplain

Administrator shall issue a placard which shall be displayed on the premises
during the time construction is in progress. This placard shall show the number
of the Permit the date of its issuance and be signed by the Floodplain
Administrator.
Section 208. Start of Construction. Work on the proposed construction or

development shall begin within 180 days after the date of issuance and shall be
completed within twelve (12) months after the date of issuance of the Permit or
the permit shall expire unless a time extension is granted, in writing, by the
Floodplain Administrator. The actual start of construction means either the first
placement of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of columns, or
any work beyond the stage of excavation; or the placement of a manufacture home
on a foundation. Permanent construction does not include land preparation, such
as clearing, grading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first, alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
Time extensions shall be granted only if a written request is submitted by

the applicant, which sets forth sufficient and reasonable cause for the
Floodplain Administrator to approve such request.
Section 209. Enforcement.
(a) Notices
Whenever the Floodplain Administrator or other authorized

municipal representative determines that there are reasonable
grounds to believe that there has been a violation of any provisions
of this Ordinance, or of any regulations adopted pursuant thereto,
the Floodplain Administrator shall give notice of such alleged
violation as hereinafter provided. Such notice shall:
(1) be in writing;
(2) include a statement of the reasons for its issuance;
(3) allow a reasonable time not to exceed a period of thirty

(30) days for the performance of any act it requires;
(4) be served upon the property owner or his agent as the

case may require; provided, however, that such notice or order shall
be deemed to have been properly served upon such owner or agent when
a copy thereof has been served with such notice by any other method
authorized or required by the laws of this State;
(5) contain an outline of remedial actions which, if taken,

will effect compliance with the provisions of this Ordinance.
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(b) Penalties
Any person who fails to comply with any or all of the

requirements or provisions of this Ordinance or who fails or refuses to
comply with any notice, order of direction of the Building Inspector
Official or any other authorized employee of the municipality shall be
guilty of a summary offense and upon conviction shall pay a fine to the
Township of Amity of not less than Twenty-five Dollars ($25.00) nor more
than One Thousand Dollars ($1,000.00) plus costs of prosecution. Every
day during which such non-compliance with this Ordinance continues shall
be treated as a separate violation. In addition to the above penalties all
other actions are hereby reserved including an action in equity for the
proper enforcement of this Ordinance. The imposition of a fine or penalty
for any violation of, or noncompliance with, this Ordinance shall not
excuse the violation or noncompliance or permit it to continue and all
such persons shall be required to correct or remedy such violations and
noncompliance within a reasonable time. Any development initiated or any
structure or building constructed, reconstructed, enlarged, altered, or
relocated, in noncompliance with this Ordinance may be declared by the
Township Board of Supervisors to be a public nuisance and abatable as
such.
Section 210. Appeals.
(a) Any person aggrieved by any action or decision of the

Floodplain Administrator concerning the administration of the provisions
of this Ordinance, may appeal to the Township Board of Supervisors. Such
appeal must be filed, in writing, within thirty (30) days after the
decision, determination or action of the Floodplain Administrator.
(b) Upon receipt of such appeal the Township Board of Supervisors

shall set a time and place, within not less than ten (10) or not more than
thirty (30) days, for the purpose of considering the appeal. Notice of the
time and place at which the appeal will be considered shall be given to
all parties.
(c) Any person aggrieved by any decision of the Township Board of

Supervisors may seek relief there from by appeal to court, as provided by
the laws of this State including the Pennsylvania Flood Plain Management
Act.
Section 211. Fees.
(a) Applications for a building permit shall be accompanied by the

following fees made payable to Amity Township.
(b) An initial escrow fee of One Thousand Dollars ($1,000.00) for

the processing and the review of the application package, and an
additional fee based on the Building Permit Fee Schedule as determined by
Township Resolution or most recent amendments thereto.
(c) The Township shall maintain a record of all costs, including

but not limited to code enforcement, engineering, legal and
administration, incurred for the processing and reviewing of the building
permit application package. A condition of final approval of said building
permit application shall be an accounting of said costs expended by the
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Township. Should the accounting establish a cost less than the escrow fee
paid to the Township by the applicant, the Township shall remit to the
applicant the difference between the amount of escrow fee paid and the
actual cost of processing and reviewing said application. Should the
accounting establish a cost in excess of the escrow fee paid, the
applicant, prior to final approval, shall pay to the Township the
difference between the actual costs expended by the Township in the
processing and reviewing of the building permit application package and
the amount of the escrow fee paid.
(d) The building permit fee determined by the above referenced

Resolution is a fixed permit fee which is in addition to the above
mentioned escrow fee.
Part 3
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Identification of Floodplain Areas
Section 301. Identification.
The identified floodplain area shall be:
(a) Any areas of Township of Amity classified as special flood

hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the
accompanying Flood Insurance Rate Maps (FIRMs) dated July 3, 2012 and
issued by the Federal Emergency Management Agency (FEMA) or the most
recent revision thereof, including all digital data developed as part of
the Flood Insurance Study.
The above referenced FIS and FIRMs, and any subsequent revisions and
amendments are hereby adopted by the Township of Amity and declared to be a
part of this ordinance.
(b) Any Community Identified Flood Hazard Areas.
Section 302 Description and Special Requirements of Identified Floodplain

Areas.
The identified floodplain area shall consist of the following specific

areas:
(a) The Floodway Area/District identified as Floodway in the FIS

which represents the channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation by more than one (1)
foot at any point. This term shall also include floodway areas which have
been identified in other available studies or sources of information for
those special floodplain areas where no floodway has been identified in
the FIS.
Within any floodway area, no encroachments, including fill, new

construction, substantial improvements, or other development shall be
permitted unless it has been demonstrated through hydrologic and hydraulic
analysis performed in accordance with standard engineering practice that
the proposed encroachment would not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
No new construction or development shall be allowed, unless a permit

is obtained from the Department of Environmental Protection Regional
Office.
(b) The AE Area/District without floodway shall be those areas

identified as an AE Zone on the FIRM included in the FIS prepared by FEMA
and for which base flood elevations have been provided in the FIS but no
floodway has been delineated.
In AE Area/District without floodway, no new development shall be

permitted unless it can be demonstrated that the cumulative effect of all
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past and projected development will not increase the BFE by more than one
(1) foot.
(c) The A Area/District shall be those areas identified as an A

Zone on the FIRM included in the FIS prepared by FEMA and for which no
one-percent (1%) annual chance flood elevations have been provided. For
these areas, elevation and floodway information from other Federal, State,
or other acceptable source shall be used when available. Where other
acceptable information is not available, the elevation shall be determined
by using the elevation of a point on the boundary of the identified
floodplain area which is nearest the construction site.
In lieu of the above, the municipality may require the

applicant to determine the elevation with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used correctly
reflect currently accepted technical concepts. Studies, analyses,
computations, etc., shall be submitted in sufficient detail to allow a
thorough technical review by the municipality.
(d) Community Identified Flood Hazard Areas shall be those areas

where Amity Township has identified local flood hazard or ponding areas,
as delineated and adopted on a “Local Flood Hazard Map” using best
available topographic data and locally derived information such as
flood of record, historic high water marks, soils or approximate study
methodologies.
(e) No permit shall be granted for any construction, development,

use, or activity within any floodway area that would cause any increase
in the BFE.
(f) No permit shall be granted for any construction, development,

use, or activity within any AE Area/District without floodway unless it
is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE more than one (1) foot at any point.
(g) No new construction or development shall be located within the

area measured fifty (50) feet landward from the top-of-bank of any
watercourse.
Section 303. Changes in Identification of Area.
The identified floodplain area may be revised or modified by the Township

Board of Supervisors where studies or information provided by a qualified agency
or person documents the need for such revision. However, prior to any such
change, approval must be obtained from the FEMA. Additionally, as soon as
practicable, but not later than six (6) months after the date such information
becomes available, a community shall notify the FEMA of the changes by submitting
technical or scientific data.
Section 304. Boundary Disputes.
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Should a dispute concerning any identified floodplain boundary arise, an

initial determination shall be made by the Floodplain Administrator and any party
aggrieved by this decision or determination may appeal to the Township Board of
Supervisors. The burden of proof shall be on the appellant.
Section 305 Jurisdictional Boundary Changes.
Prior to development occurring in areas where annexation or other corporate

boundary changes are proposed or have occurred, the community shall review flood
hazard data affecting the lands subject to boundary changes. The community shall
adopt and enforce floodplain regulations in areas subject to annexation or
corporate boundary changes which meet or exceed those in CFR 44 60.3.
(Ordinance 278, June 20, 2012)
Part 4
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Section 401. General.
(a) Alteration or Relocation of Watercourse
(1) No encroachment, alteration, or improvement of any kind

shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by the
municipality, and until all required permits or approvals have been
first obtained from the Department of Environmental Protection
Regional Office.
(2) No encroachment, alteration, or improvement of any kind

shall be made to any watercourse unless it can be shown that the
activity will not reduce or impede the flood carrying capacity of
the watercourse in any way.
(3) In addition, the FEMA and Pennsylvania Department of

Community and Economic Development, shall be notified prior to any
alteration or relocation of any watercourse.
(b) Technical or scientific data shall be submitted by the

applicant to FEMA for a Letter of Map Revision(LOMR)as soon as practicable
but within six (6) months of any new construction, development, or other
activity resulting in changes in the BFE. The situations when a LOMR or a
Conditional Letter of Map Revision (CLOMR) are required are:
(1) Any development that causes a rise in the base flood

elevations within the floodway; or
(2) Any development occurring in Zones A1-30 and Zone AE

without a designated floodway, which will cause a rise of more than
one foot in the base flood elevation; or
(3) Alteration or relocation of a stream (including but not

limited to installing culverts and bridges.
(c) Any new construction, development, uses or activities allowed

within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this Ordinance and any other
applicable codes, ordinances and regulations.
(d) Within any Identified Floodplain Area (See Section 302), no

new construction or development shall be located within the area measured
fifty (50) feet landward from the top-of-bank of any watercourse.
Section 402 Elevation and Floodproofing Requirements.
(a) Residential Structures
(1) In AE, A1-30, and AH Zones, any new construction or

substantial improvement shall have the lowest floor (including
basement) elevated up to, or above, the regulatory flood elevation.
The regulatory flood elevation is defined as the base flood
elevation plus 1 ½ feet.
(2) In A Zones, where there are no Base Flood Elevations
specified on the FIRM, any new construction or substantial
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improvement shall have the lowest floor (including basement)

elevated up to, or above, the regulatory flood elevation determined
in accordance with Section 302(c) of this Ordinance.
(3) The design and construction standards and specifications

contained in the latest adopted Pennsylvania Versions of the
International Building Code and the International Residential Code
as amended, shall be utilized.
(b) Non-residential Structures
(1) In AE, A1-30 and AH Zones, any new construction or

substantial improvement of a non-residential structure shall have
the lowest floor (including basement) elevated up to, or above, the
regulatory flood elevation, or be designed and constructed so that
the space enclosed below the regulatory flood elevation:
(i) is floodproofed so that the structure is

watertight with walls substantially impermeable to the passage
of water and,
(ii) has structural components with the capability of

resisting hydrostatic and hydrodynamic loads and effects of
buoyancy:
(2) In A Zones, where there no Base Flood Elevations are

specified on the FIRM, any new construction or substantial
improvement shall have the lowest floor(including basement) elevated
or completely floodproofed up to, or above, the regulatory flood
elevation determined in accordance with Section 302(c) of this
ordinance.
(3) Any non-residential structure, or part thereof, made

watertight below the regulatory flood elevation shall be
floodproofed in accordance with the WI or W2 space classification
standards contained in the publication entitled "Flood-Proofing
Regulations" published by the U.S. Army Corps of Engineers (June
1972, as amended March 1992) or with some other equivalent standard.
All plans and specifications for such floodproofing shall be

accompanied by a statement certified by a registered professional
engineer or architect which states that the proposed design and
methods of construction are in conformance with the above referenced
standards.
(4) The design and construction standards and specifications

contained in the latest adopted Pennsylvania versions of the
International Building Code (IBC) and the International Residential
Code (IRC) as amended and ASCE 24 shall be utilized.
(c) Space below the lowest floor
(1) Fully enclosed space below the lowest floor (excluding

basements) which will be used solely for the parking of a vehicle,
building access, or incidental storage in an area other than a
basement, shall be designed and constructed to allow for the
automatic entry and exit of flood waters for the purpose of
equalizing hydrostatic forces on exterior walls. The term "fully
enclosed space" also includes crawl spaces.
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(2) Designs for meeting this requirement must either be

certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
(i) a minimum of two openings having a net total area

of not less than one (1) square inch for every square foot of
enclosed space.
(ii) the bottom of all openings shall be no higher than

one (1) foot above grade.
(iii) openings may be equipped with screens, louvers,

etc. or other coverings or devices provided that they permit
the automatic entry and exit of floodwaters.
(d) Historic Structures
See Section 802 (ii) for requirements for the substantial

improvement of any historic structures.
(e) Accessory structures
Structures accessory to a principal building need not be

elevated or floodproofed to remain dry, but shall comply, at a minimum,
with the following requirements:
(1) the structure shall not be designed or used for human

habitation, but shall be limited to the parking of vehicles, or to
the storage of tools, material, and equipment related to the
principal use or activity.
(2) floor area shall not exceed 600 square feet.
(3) the structure will have a low damage potential.
(4) the structure will be located on the site so as to cause

the least obstruction to the flow of flood waters.
(5) power lines, wiring, and outlets will be elevated to the

regulatory flood elevation.
(6) permanently affixed utility equipment and appliances

such as furnaces, heaters, washers, dryers, etc. are prohibited.
(7) sanitary facilities are prohibited.
(8) the structure shall be adequately anchored to prevent

flotation or movement and shall be designed to automatically provide
for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this
requirement must either be certified by a registered professional
engineer or architect, or meet or exceed the following minimum
criteria:
(i) a minimum of two openings having a net total area

of not less than one (1) square inch for every square foot of
enclosed space.
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(ii) the bottom of all openings shall be no higher than

one (1) foot above grade.
(iii) openings may be equipped with screens, louvers,

etc. or other coverings or devices provided that they permit
the automatic entry and exit of flood waters.
Section 403 Design and Construction Standards.
The following minimum standards shall apply for all construction and
development proposed within any identified floodplain area:
(a) Fill
(1) If fill is used, it shall:
(i) extend laterally at least fifteen (15) feet beyond

the building line from all points;
(ii) consist of soil or small rock materials only -

Sanitary Landfills shall not be permitted;
(iii) be compacted to provide the necessary permeability

and resistance to erosion, scouring, or settling;
(iv) be no steeper than one (1) vertical to two (2)

horizontal, feet unless substantiated data, justifying steeper
slopes are submitted to, and approved by the Floodplain
Administrator; and
(v) be used to the extent to which it does not

adversely affect adjacent properties.
(b) Drainage Facilities
Storm drainage facilities shall be designed to convey the flow

of storm water runoff in a safe and efficient manner. The system shall
insure proper drainage along streets, and provide positive drainage away
from buildings. The system shall also be designed to prevent the discharge
of excess runoff onto adjacent properties.
(c) Water and Sanitary Sewer Facilities and Systems
(1) All new or replacement water supply and sanitary sewer

facilities and systems shall be located, designed and constructed to
minimize or eliminate flood damages and the infiltration of flood
waters.
(2) Sanitary sewer facilities and systems shall be designed

to prevent the discharge of untreated sewage into flood waters.
(3) No part of any on-site sewage system shall be located

within any identified floodplain area except in strict compliance
with all State and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
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(4) The design and construction provisions of the UCC and

FEMA #348, Protecting Building Utilities From Flood Damages and The
International Private Sewage Disposal Code shall be utilized.
(d) Other Utilities
All other utilities such as gas lines, electrical and

telephone systems shall be located, elevated (where possible) and
constructed to minimize the chance of impairment during a flood.
(e) Streets
The finished elevation of all new streets shall be no more than

one (1) foot below the Regulatory Flood Elevation.
(f) Storage
All materials that are buoyant, flammable, explosive, or in

times of flooding, could be injurious to human, animal, or plant life, and
not listed in Section 404, Development Which May Endanger Human Life, shall
be stored at or above the Regulatory Flood Elevation or flood proofed to
the maximum extent possible.
(g) Placement of Buildings and Structures
All buildings and structures shall be designed, located, and

constructed so as to offer the minimum obstruction to the flow of water and
shall be designed to have a minimum effect upon the flow and height of
flood water.
(h) Anchoring
(1) All buildings and structures shall be firmly anchored in

accordance with accepted engineering practices to prevent flotation,
collapse, or lateral movement.
(2) All air ducts, large pipes, storage tanks, and other
similar objects or components located below the regulatory flood
elevation shall be securely anchored or affixed to prevent
flotation.
(i) Floors, Walls and Ceilings
(1) Wood flooring used at or below the Regulatory Flood

Elevation shall be installed to accommodate a lateral expansion of
the flooring, perpendicular to the flooring grain without causing
structural damage to the building.
(2) Plywood used at or below the regulatory flood elevation

shall be of a "marine” or "water-resistant" variety.
(3) Walls and ceilings at or below the regulatory flood

elevation shall be designed and constructed of materials that are
"water-resistant" and will withstand inundation.
(4) Windows, doors, and other components at or below the
regulatory flood elevation shall be made of metal or other "water-
resistant" material.
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(j) Paints and Adhesives
(1) Paints and other finishes used at or below the

regulatory flood elevation shall be of "marine" or "water-resistant"
quality.
(2) Adhesives used at or below the regulatory flood

elevation shall be of a "marine" or "water-resistant" variety.
(3) All wooden components (doors, trim, cabinets, etc.) used

at or below the regulatory flood elevation shall be finished with a
"marine" or "water-resistant" paint or other finishing material.
(k) Electrical Components
(1) Electrical distribution panels shall be at least three

(3) feet above the base flood elevation.
(2) Separate electrical circuits shall serve lower levels

and shall be dropped from above.
(l) Equipment
Water heaters, furnaces, air conditioning and ventilating

units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the Regulatory Flood Elevation.
(m) Fuel Supply Systems
All gas and oil supply systems shall be designed to prevent the
infiltration of flood waters into the system and discharges from the system
into flood waters. Additional provisions shall be made for the drainage of
these systems in the event that flood water infiltration occurs.
(n) Uniform Construction Code Coordination
The Standards and Specifications of the latest adopted

Pennsylvania versions of the International Building Code and International
Residential Code as amended shall apply to the above and other sections and
sub-sections of this Chapter, to the extent that they are more restrictive
and supplement the requirements of this Chapter.
Section 404 Development Which May Endanger Human Life.
(a) In accordance with the Pennsylvania Flood Plain Management

Act, and the regulations adopted by the Department of Community and
Economic Development as required by the Act, any new or substantially
improved structure which:
(1) will be used for the production or storage of any of the

following dangerous materials or substances; or,
(2) will be used for any activity requiring the maintenance

of a supply of more than 550 gallons, or other comparable volume, of
any of the following dangerous materials or substances on the
premises; or,
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(3) will involve the production, storage, or use of any

amount of radioactive substances;
(4) shall be subject to the provisions of this section, in

addition to all other applicable provisions. The following list of
materials and substances are considered dangerous to human life:
• Acetone
• Ammonia
• Benzene
• Calcium carbide
• Carbon disulfide
• Celluloid
• Chlorine
• Hydrochloric acid
• Hydrocyanic acid
• Magnesium
• Nitric acid and oxides of nitrogen
• Petroleum products (gasoline, fuel oil, etc.)
• Phosphorus
• Potassium
• Sodium
• Sulphur and sulphur products
• Pesticides (including insecticides, fungicides, and
rodenticides)
• Radioactive substances, insofar as such substances are not
otherwise regulated.
(b) Within any Floodway Area, any structure of the kind described
in Subsection 1, above, shall be prohibited.
(c) Within any Identified Floodplain Area, any new or

substantially improved structure of the kind described in Subsection 1
above, shall be prohibited within the area measured fifty (50) feet
landward from the top-of-bank of any watercourse.
(d) Where permitted within any Identified Floodplain Area, any new
or substantially improved structure of the kind described in Subsection 1
above, shall be:
(1) elevated, or in the case of a non-residential structure

elevated or designed, and constructed to remain completely dry up to
at least one and one half (1 ½) feet above base flood elevation,
(2) designed to prevent pollution from the structure or

activity during the course of a base flood. Any such structure, or
part thereof, that will be built below the regulatory flood
elevation shall be designed and constructed in accordance with the
standards for completely dry floodproofing contained in the
publication "Flood-Proofing Regulations (U.S. Army Corps of
Engineers, June 1972 as amended March 1992), or with some other
equivalent watertight standard.
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Section 405 Special Requirements for Subdivisions.
All subdivision proposals and development proposals containing at least 10

lots or at least 5 acres, whichever is the lesser, in Identified Floodplain Areas
where base flood elevation data are not available, shall be supported by
hydrologic and hydraulic engineering analyses that determine base flood
elevations and floodway information. The analyses shall be prepared by a licensed
professional engineer in a format required by FEMA for a Conditional Letter of
Map Revision or Letter of Map Revision. Submittal requirements and processing
fees shall be the responsibility of the applicant.
Section 406 Special Requirements for Manufactured Homes.
(a) Within any Floodway Area/District, manufactured homes shall be

prohibited
(b) Within any Identified Floodplain Areas, manufactured homes

shall be prohibited within the area measured fifty (50) feet landward from
the top-of-bank of any watercourse.
(c) Where permitted within any Identified Floodplain Area, all

manufactured homes, and any improvements thereto, shall be:
(1) placed on a permanent foundation.
(2) elevated so that the lowest floor of the manufactured

home is at least one and one half (1 ½) feet above base flood
elevation.
(3) anchored to resist flotation, collapse, or lateral

movement.
(d) Installation of manufactured homes shall be done in accordance

with the manufacturers’ installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of the latest adopted Pennsylvania version of the
International Residential Building Code or the U.S. Department of Housing
and Urban Development’s Permanent Foundations for Manufactured Housing,
1984 Edition, draft or latest revision thereto shall apply and 34 PA Code
Chapter 401-405.
(e) Consideration shall be given to the installation requirements

of the latest adopted Pennsylvania versions of International Residential
Code and International Building Code as amended where appropriate and/or
applicable to units where the manufacturers’ standards for anchoring
cannot be provided or were not established for the units(s) proposed
installation.
Section 407 Special Requirements for Recreational Vehicles.
(a) Recreational vehicles in Zones A, A1-30, AH and AE must either:
(1) be on the site for fewer than 180 consecutive days,
(2) be fully licensed and ready for highway use, or
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(3) meet the permit requirements for manufactured homes in

Section 406.
(Ordinance 278, June 20, 2012, Section 407) .
Part 5
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In accordance with the administrative regulations promulgated by the

Department of Community and Economic Development to implement the Pennsylvania
Flood Plain Management Act, the following activities shall be prohibited within
any Identified Floodplain Area unless a Special Permit has been issued by the
Township:
(a) The commencement of any of the following activities; or the

construction enlargement, or expansion of any structure used, or intended
to be used, for any of the following activities:
(1) Hospitals
(2) Nursing homes
(3) Jails or prisons
(b) The commencement of, or any construction of, a new

manufactured home park or manufactured home subdivision, or substantial
improvement to an existing manufactured home park or manufactured home
subdivision.
Section 502 Application Requirements for Special Permits.
Applicants for Special Permits shall provide five copies of the following
items:
(a) A written request including a completed Permit Application

Form.
(b) A small scale map showing the vicinity in which the proposed
site is located.
(c) A plan of the entire site, clearly and legibly drawn at a

scale of one (1) inch being equal to one hundred (100) feet or less,
showing the following:
(1) north arrow, scale and date;
(2) topography based upon the North American Vertical Datum

(NAVD) of 1988, showing existing and proposed contours at intervals
of two (2) feet;
(3) all property and lot lines including dimensions, and

the size of the site expressed in acres or square feet;
(4) the location of all existing streets, drives, other

access ways, and parking areas, with information concerning widths,
pavement types and construction, and elevations;
(5) the location of any existing bodies of water or

watercourses, buildings, structures and other public or private
facilities, including railroad tracks and facilities, and any other
natural and man-made features affecting, or affected by, the
proposed activity or development;
(6) the location of the floodplain boundary line,

information and spot elevations concerning the base flood elevation,
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and information concerning the flow of water including direction and

velocities;
(7) the location of all proposed buildings, structures,

utilities, and any other improvements; and
(8) any other information which the municipality considers

necessary for adequate review of the application.
(d) Plans of all proposed buildings, structures and other

improvements, clearly and legibly drawn at suitable scale showing the
following:
(1) sufficiently detailed architectural or engineering

drawings, including floor plans, sections, and exterior building
elevations, as appropriate;
(2) for any proposed building, the elevation of the lowest

floor (including basement) and, as required, the elevation of any
other floor;
(3) complete information concerning flood depths, pressures,

velocities, impact and uplift forces, and other factors associated
with the base flood;
(4) detailed information concerning any proposed

floodproofing measures;
(5) cross section drawings for all proposed streets, drives,

other accessways, and parking areas, showing all rights-of-way and
pavement widths;
(6) profile drawings for all proposed streets, drives, and

vehicular accessways including existing and proposed grades; and
(7) plans and profiles of all proposed sanitary and storm

sewer systems, water supply systems, and any other utilities and
facilities.
(e) The following data and documentation:
(1) certification from the applicant that the site upon

which the activity or development is proposed is an existing separate
and single parcel, owned by the applicant or the client he represents;
(2) certification from a registered professional engineer;
(3) architect, or landscape architect that the proposed

construction has been adequately designed to protect against damage
from the base flood;
(4) a statement, certified by a registered professional

engineer, architect, landscape architect, or other qualified person
which contains a complete and accurate description of the nature and
extent of pollution that might possibly occur from the development
during the course of a base flood, including a statement concerning the
effects such pollution may have on human life;
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(5) a statement certified by a registered professional

engineer, architect, or landscape architect, which contains a complete
and accurate description of the effects the proposed development will
have on base flood elevation and flows;
(6) a statement, certified by a registered professional

engineer, architect, or landscape architect, which contains a complete
and accurate description of the kinds and amounts of any loose buoyant
materials or debris that may possibly exist or be located on the site
below the base flood elevation and the effects such materials and
debris may have on base flood elevation and flows;
(7) the appropriate component of the Department of

Environmental Protection's "Planning Module for Land Development”;
(8) where any excavation or grading is proposed, a plan

meeting the requirements of the Department of Environmental Protection
to implement and maintain erosion and sedimentation control;
(9) any other applicable permits such as, but not limited
to, a permit for any activity regulated by the Department of
Environmental Protection under Section 302 of Act 1978-166; and
(10) an evacuation plan which fully explains the manner in

which the site will be safely evacuated before or during the course of
a base flood.
Ordinance 278, June 20, 2012, Section 502)
Section 503 Application Review Procedures.
Upon receipt of an application for a Special Permit by the Township the

following procedures shall apply in addition to those of Part 2:
(a) Within three (3) working days following receipt of the

application, a complete copy of the application and all accompanying
documentation shall be forwarded to the Berks County Planning Commission
by registered or certified mail for its review and recommendations.
Copies of the application shall also be forwarded to the Township Planning
commission and Township engineer for review and comment.
(b) If an application is received that is incomplete, the Township

shall notify the applicant in writing, stating in what respect the
application is deficient.
(c) If the Township decides to disapprove an application, it shall

notify the applicant, in writing, of the reasons for the disapproval.
(d) If the Township approves an application, it shall file written

notification, together with the application and all pertinent information,
with the Department of Community and Economic Development, by registered
or certified mail, within five (5) working days after the date of
approval.
(e) Before issuing the Special Permit, the Township shall allow
the Department of Community and Economic Development thirty (30) days,
after receipt of the notification by the Department, to review the
application and decision made by the Township.
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(f) If the Township does not receive any communication from the
Department of Community and Economic Development during the thirty (30)
day review period, it may issue a Special Permit to the applicant.
(g) If the Department of Community and Economic Development should

decide to disapprove an application, it shall notify the Township and the
applicant, in writing, of the reasons for the disapproval, and the
Township shall not issue the Special Permit.
Section 504 Special Technical Requirements.
(a) In addition to the requirements of Part 4 of this Chapter, the

following minimum requirements shall also apply to any proposed
development requiring a Special Permit. If there is any conflict between
any of the following requirements and those in Part 4 of this Ordinance or
in any other code, ordinance, or regulation, the more restrictive
provision shall apply.
(b) No application for a Special Permit shall be approved unless

it can be determined that the structure or activity will be located,
constructed and maintained in a manner which will:
(1) Fully protect the health and safety of the general

public and any occupants of the structure. At a minimum, all new
structures shall be designed, located, and constructed so that:
(i) the structure will survive inundation by waters of

the base flood without any lateral movement or damage to
either the structure itself, or to any of its equipment or
contents below the BFE.
(ii) the lowest floor (including basement) will be

elevated to at least one and one half (1 ½) feet above base
flood elevation.
(iii) the occupants of the structure can remain inside

for an indefinite period of time and be safely evacuated at
any time during the base flood.
(2) Prevent any significant possibility of pollution,

increased flood levels or flows, or debris endangering life and
property.
All hydrologic and hydraulic analyses shall be undertaken only by

professional engineers or others of demonstrated qualifications, who shall
certify that the technical methods used correctly reflect currently accepted
technical concepts. Studies, analyses, computations, etc. shall be submitted in
sufficient detail to allow a thorough technical review by the Township and the
Department of Community and Economic Development.
Part 6
Existing Structures in Identified Floodplain Areas
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Section 601. Existing Structures.
The provisions of this Ordinance do not require any changes or

improvements to be made to lawfully existing structures. However, when an
improvement is made to any existing structure, the provisions of Section 602
shall apply.
Section 602 Improvements.
The following provisions shall apply whenever any improvement is made to an

existing structure located within any Identified Floodplain Area:
(a) No expansion or enlargement of an existing structure shall be

allowed within any Floodway Area/District that would cause any increase in
BFE.
(b) No expansion or enlargement of an existing structure shall be

allowed within AE Area/District without floodway that would, together with
all other existing and anticipated development, increase the BFE more than
one (1) foot at any point.
(c) Any modification, alteration, reconstruction, or improvement,

of any kind to an existing structure, to an extent or amount of fifty (50)
percent or more of its market value, shall constitute a substantial
improvement and shall be undertaken only in full compliance with the
provisions of this Chapter.
(d) The above activity shall also address the requirements of the
latest adopted Pennsylvania versions of the IBC and the IRC as amended.
(e) Any modification, alteration, reconstruction, or improvement

of any kind to an existing structure, to an extent or amount of less than
fifty (50) percent of its market value, shall be elevated and/or
floodproofed to the greatest extent possible.
Part 7
Variances
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If compliance with any of the requirements of this Ordinance would result

in an exceptional hardship to a prospective builder, developer or landowner, the
Township may, upon request, grant relief from the strict application of the
requirements.
Section 702 Variance Procedures and Conditions.
Requests for variances shall be considered by the Board of Supervisors in

accordance with the procedures contained in Section 210 and the following:
(a) No variance shall be granted for any construction,

development, use, or activity within any Floodway Area/District that would
cause any increase in the BFE.
(b) No variance shall be granted for any construction,

development, use, or activity within any AE Area/District without floodway
that would, together with all other existing and anticipated development,
increase the BFE than one (1) foot at any point.
(c) Except for a possible modification of the regulatory flood

elevation requirement involved, no variance shall be granted for any of
the other requirements pertaining specifically to development regulated by
Special Permit (Part 5) or to Development Which May Endanger Human Life
(Section 404).
(d) If granted, a variance shall involve only the least

modification necessary to provide relief.
(e) In granting any variance, the Board of Supervisors shall

attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety, and welfare, and
to achieve the objectives of this Chapter.
(f) Whenever a variance is granted, the Board of Supervisors shall

notify the applicant in writing that:
(1) The granting of the variance may result in increased

premium rates for flood insurance.
(2) Such variances may increase the risks to life and

property.
(g) In reviewing any request for a variance, the Board of

Supervisors shall consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in

exceptional hardship to the applicant.
(3) That the granting of the variance will
(i) neither result in an unacceptable or prohibited

increase in flood heights, additional threats to public
safety, or extraordinary public expense,
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(ii) nor create nuisances, cause fraud on, or victimize

the public, or conflict with any other applicable state or
local ordinances and regulations.
(h) A complete record of all variance requests and related actions

shall be maintained by the Township. In addition, a report of all
variances granted during the year shall be included in the annual report
to the FEMA.
Notwithstanding any of the above, however, all structures shall be designed

and constructed so as to have the capability of resisting the one-percent (1%)
annual chance flood.
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Part 8
Definitions
Unless specifically defined below, words and phrases used in this Ordinance
shall be interpreted so as to give this Ordinance its’ most reasonable
application.
Section 802 Specific Definitions.
(a) Accessory use or structure - a use or structure on the same

lot with, and of a nature customarily incidental and subordinate to, the
principal use or structure.
(b) Base flood - a flood which has a one percent chance of being
equaled or exceeded in any given year (also called the "100-year flood"or
one-percent (1%) annual chance flood).
(c) Base flood discharge - the volume of water resulting from a

Base Flood as it passes a given location within a given time, usually
expressed in cubic feet per second (cfs).
(d) Base flood elevation (BFE) - the elevation shown on the Flood
Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water
surface elevation resulting from a flood that has a 1-percent or greater
chance of being equaled or exceeded in any given year.
(e) Basement - any area of the building having its floor below
ground level on all sides.
(f) Building - a combination of materials to form a permanent

structure having walls and a roof. Included shall be all manufactured
homes and trailers to be used for human habitation.
(g) Development - any man-made change to improved or unimproved

real estate, including but not limited to the construction,
reconstruction, renovation, repair, expansion, or alteration of buildings
or other structures; the placement of manufactured homes; streets, and
other paving; utilities; filling, grading and excavation; mining;
dredging; drilling operations; storage of equipment or materials; and the
subdivision of land.
(h) Existing manufactured home park or subdivision – a

manufactured home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.
(i) Expansion to an existing manufactured home park or subdivision

– the preparation of additional sites by the construction of facilities
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for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
(j) Flood - a temporary inundation of normally dry land areas.
(k) Flood Insurance Rate Map (FIRM) - the official map on which
the Federal Emergency Management Agency has delineated both the areas of
special flood hazards and the risk premium zones applicable to the
community.
(l) Flood Insurance Study (FIS) - the official report provided by

the Federal Emergency Management Agency that includes flood profiles, the
Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the
water surface elevation of the base flood.
(m) 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.
(n) 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.
(o) Floodway - the channel of a river or other watercourse and the

adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more
than one foot.
(p) Highest Adjacent Grade: The highest natural elevation of the

ground surface prior to construction next to the proposed walls of a
structure.
(q) Historic structures – any structure that is:
(1) Listed individually in the National Register of Historic

Places (a listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary

of the Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic

places in states which have been approved by the Secretary of the
Interior; or
(4) Individually listed on a local inventory of historic

places in communities with historic preservation that have been
certified either:
(i) By an approved state program as determined by the

Secretary of the Interior or
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(ii) Directly by the Secretary of the Interior in

states without approved programs.
(r) Lowest floor - the lowest floor of the lowest fully enclosed
area (including basement). An unfinished, flood resistant partially
enclosed area, used solely for parking of vehicles, building access, and
incidental storage, in an area other than a basement area is not
considered the lowest floor of a building, provided that such space is not
designed and built so that the structure is in violation of the applicable
non-elevation design requirements of this ordinance.
(s) Manufactured home - a structure, transportable in one or more

sections, which is built on a permanent chassis, and is designed for use
with or without a permanent foundation when attached to the required
utilities. The term includes park trailers, travel trailers, recreational
and other similar vehicles which are placed on a site for more than 180
consecutive days.
(t) Manufactured home park or subdivision – a parcel (or

contiguous parcels) of land divided into two or more manufactured home
lots for rent or sale.
(u) New construction - structures for which the start of

construction commenced on or after July 3, 2012 and includes any
subsequent improvements to such structures. Any construction started after
July 18, 1977 and before July 3, 2012 is subject to the ordinance in
effect at the time the permit was issued, provided the start of
construction was within 180 days of permit issuance.
(v) New manufactured home park or subdivision – a manufactured

home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete pads)
is completed on or after the effective date of floodplain management
regulations adopted by a community.
(w) Person - an individual, partnership, public or private

association or corporation, firm, trust, estate, municipality,
governmental unit, public utility or any other legal entity whatsoever,
which is recognized by law as the subject of rights and duties.
(x) Post-FIRM Structure - is a structure for which construction or

substantial improvement occurred after July 18, 1977 and, as such, would
be required to be compliant with the regulations of the National Flood
Insurance Program.
(y) Pre-FIRM Structure - is a structure for which construction or

substantial improvement occurred on or before July 18, 1977, and, as such,
would not be required to be compliant with the regulations of the National
Flood Insurance Program.
(z) Recreational vehicle - a vehicle which is:
(1) built on a single chassis;
(2) not more than 400 square feet, measured at the largest
horizontal projections;
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LAB AMITY CODE 13404-10 C10 07/06/16 #95564-04
(3) designed to be self-propelled or permanently towable by

a light-duty truck,
(4) not designed for use as a permanent dwelling but as

temporary living quarters for recreational, camping, travel, or
seasonal use.
(aa) Regulatory flood elevation - the base flood elevation (BFE) or

estimated flood height as determined using simplified methods plus a
freeboard safety factor of one and one-half (1 ½) feet.
(bb) Special permit - a special approval which is required for

hospitals, nursing homes, jails, and new manufactured home parks and
subdivisions and substantial improvements to such existing parks, when
such development is located in all, or a designated portion of a
floodplain.
(cc) Special flood hazard area (SFHA) - means an area in the

floodplain subject to a 1 percent or greater chance of flooding in any
given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or,
AH.
(dd) Start of construction - includes substantial improvement and

other proposed new development and means the date the Permit was issued,
provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within 180
days from the date of the permit and shall be completed within twelve (12)
months after the date of issuance of the permit unless a time extension is
granted, in writing, by the Floodplain Administrator. The actual start
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction
means the first, alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the
external dimensions of the building.
(ee) Structure – a walled and roofed building, including a gas or

liquid storage tank that is principally above ground, as well as a
manufactured home.
(ff) 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, partition by the court for
distribution to heirs, or devisees, transfer of ownership or building or
lot development: Provided, however, that the subdivision by lease of land
for agricultural purposes into parcels of more than ten acres, not
involving any new street or easement of access or any residential
dwelling, shall be exempted.
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LAB AMITY CODE 13404-10 C10 07/06/16 #95564-04
(gg) Substantial damage - damage from any cause sustained by a

structure whereby the cost of restoring the structure to its before-
damaged condition would equal or exceed fifty (50) percent or more of the
market value of the structure before the damage occurred.
(hh) Substantial improvement - any reconstruction, rehabilitation,

addition, or other improvement of a structure, the cost of which equals or
exceeds fifty (50) percent of the market value of the structure before the
"start of construction" of the improvement. This term includes structures
which have incurred "substantial damage” regardless of the actual repair
work performed. The term does not, however, include any project for
improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions
Historic structures undergoing repair or rehabilitation that

would constitute a substantial improvement as defined in this ordinance,
must comply with all ordinance requirements that do not preclude the
structure’s continued designation as a historic structure.
Documentation that a specific ordinance requirement will cause

removal of the structure from the National Register of Historic Places or
the State Inventory of Historic places must be obtained from the Secretary
of the Interior or the State Historic Preservation Officer. Any exemption
from ordinance requirements will be the minimum necessary to preserve the
historic character and design of the structure.
(ii) Township – The Township of Amity, Berks County, Pennsylvania.
(jj) Uniform Construction Code (UCC) – The statewide building code

adopted by The Pennsylvania General Assembly in 1999 applicable to new
construction in all municipalities whether administered by the
municipality, a third party or the Department of Labor and Industry.
Applicable to residential and commercial buildings, The Code adopted The
International Residential Code (IRC) and the International Building Code
(IBC), by reference, as the construction standard applicable with the
State floodplain construction. For coordination purposes, references to
the above are made specifically to various sections of the IRC and the
IBC.
(kk) Violation - means the failure of a structure or other

development to be fully compliant with the community's flood plain
management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of
compliance required in 44 CFR Section 60.3(b)(5), (c)(4), (c)(10), (d)(3),
(e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time
as that documentation is provided.
X-35
CHAPTER XI
FRANCHISES
Reserved for Future Use
(See Appendix B, Agreements)

BMF AMITY CODE 13404-10 C12 07/08/09 #BA1868
CHAPTER XII
GARBAGE, REFUSE, SOLID WASTE AND RECYCLING
Part 1
Garbage and Refuse
Section 101. Accumulation or Dumping of Garbage and Refuse Prohibited

Part 2
Landfills
Section 201. Short Title

Section 203. Permit
Section 204. Permit Fees
Section 205. Permit Renewal
Section 206. Application for Permit
Section 207. Regulations
Section 208. Issuance of Permit
Section 209. Transfer of Permit
Section 210. Transfer Fee
Section 212. Inspection
Section 213. Operating Fee
Section 214. Violations
Section 215. Abatement of Nuisances
Section 216. Revocation or Suspension of Permit
Section 217. Restoration of Land
Section 218. Public Hearing
Section 219. Hazardous Waste
Section 220. Insurance
Section 222. Savings Clause
Part 3
Municipal Waste and Recyclable Collection
Section 301. Title

Section 303. Recyclable Materials
Section 304. Separation of Recyclable Materials
Section 305. Separation of Leaf Waste
Section 306. Multifamily Properties Separation
Section 307. Multifamily Properties Collection
Section 308. Commercial, Municipal, or Institutional Separation and Collection
Section 309. Collection and Processing
Section 310. Exemption
Section 311. Ownership of Materials
Section 312. Requirement of Contract
XII-1
Section 313. Proof of Contract

Section 314. Municipal Waste/Recyclable Collectors
Section 316. Rules and Regulations
XII-2
Part 1
Garbage and Refuse
Section 101. Accumulation or Dumping of Garbage and Refuse Prohibited. No

person, association, firm or corporation shall keep or suffer to remain upon his
or her premises, or on any private property, any garbage, rubbish, offal,
carcass, putrid matter or other offensive or unwholesome matter (farming manure
excepted), or cast the same upon any highway, road, lot or piece of ground within
the Township. Nor may any person, firm or corporation use or permit to be used
any spot or place within the Township as a public or private dump for garbage,
refuse or rubbish. (Ordinance 4, June 2, 1956, Section 1)
Section 102. Penalties. Any person, firm or corporation who or which

shall violate any of the provisions of this Part shall, upon conviction thereof,
before a District Justice, be sentenced to pay a fine of not more than One
Thousand Dollars ($1,000.00) and costs of prosecution, and, in default or payment
of such fine and costs, to imprisonment for a period of not more than thirty (30)
day; provided, however, each day’s continuance of a violation shall constitute a
separate offense. (Ordinance 4, June 2, 1956, Section 2)
XII-3
Part 2
Landfills
Section 201. Short Title. This Ordinance shall be known and may be cited
as “Amity Township Landfill Ordinance.” (Ordinance 90, September 24, 1982,
Section 1)
Section 202. Definitions. Unless otherwise expressly stated, the

following words and phrases shall be construed throughout this Part to have the
meanings indicated herein:
(a) Access Road. All roads, either public or private, within the
Township which are used by vehicles weighing over twenty thousand (20,000)
pounds, loaded, to transport solid waste to a landfill.
(b) Board. The Board of Supervisors of the Township.
(c) Disposal Facility. A facility, or part of a facility, at

which waste is placed into or on any land or water and at which waste will
remain after closure.
(d) Facility. All land, structures and other appurtenances or

improvements on a property where solid waste is processed, stored or
disposed.
(e) Haul Road. Any cartway within the landfill which shall be
constructed for utilization in all weather conditions.
(f) Hazardous Waste. Any garbage, refuse, sludge from an

industrial or other waste water treatment plant, sludge from a water
supply treatment plant, or air pollution control facility and other
discarded material, including solid, liquid, semisolid or contained
gaseous material, resulting from municipal, commercial, industrial,
institutional, mining or agricultural operations, and from community
activities, or any combination of the above, but not including solid or
dissolved material in domestic sewage, or solid or dissolved materials in
irrigation return flows or industrial discharges which are point sources
subject to permits under §402 of the Federal Water Pollution Control Act,
as amended (86 Stat. 880) or source special nuclear, or by-product
material as defined by the U.S. Atomic Energy Act of 1954, as amended (68
Stat. 923), which because of its quantity, concentration or physical,
chemical, or infectious characteristics may:
(1) cause or significantly contribute to an increase in

mortality or an increase in morbidity in either an individual or the
total population; or
(2) pose a substantial present or potential hazard to human

health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
(g) Landfill. A disposal facility or part of a facility where

solid waste is placed in or on land.
XII-4
(h) Landfill Site. A tract of land upon which is located a

landfill, including all structures and other appurtenances or improvements
erected thereon.
(i) Liner. A continuous layer of materials constructed beneath a

landfill which prevents the downward or lateral escape of solid waste,
solid waste constituents or leachate.
(j) Municipality. A city, borough, incorporated town, township or

county, or any authority created by any of the foregoing.
(k) Person. Any individual, partnership, corporation,

association, institution, cooperative enterprise, municipality, Federal
government or agency, State institution or agency, or any other legal
entity whatsoever which is recognized by law as the subject or rights and
duties.
(l) Sanitary Landfill. A land site on which engineering

principles are utilized to bury deposits of solid waste without creating
public health or safety hazards, nuisances, pollution or environmental
degradation.
(m) Scavenging. The uncontrolled removal of material from a

landfill site.
(n) Solid Waste. Any waste, including but not limited to

municipal, residual or hazardous wastes, including solid, liquid,
semisolid or contained gaseous materials.
(o) Township. The Township of Amity, Berks County, Pennsylvania.
Section 203. Permit. It shall be unlawful for any person or business

entity to use or continue to use land within the Township as a landfill, sanitary
or otherwise, without first obtaining a permit therefor from the Board. Said
permit may be obtained only by a municipality. (Ordinance 90, September 24,
1982, Section 3)
Section 204. Permit Fees. Each application for a permit, or renewal

application, shall be accompanied by a permit fee of Five Hundred Dollars
($500.00), and a further deposit of Ten Thousand Dollars ($10,000.00), both made
payable to the Board in the form of a certified check or money order, to be
applied against the actual cost to the Township of technical review of the
application and impact statement. A refund of the excess of the deposit over the
actual cost of technical review will be made to the applicant. (Ordinance 90,
September 24, 1982, Section 4)
Section 205. Permit Renewal. Each permit shall be valid for one (1) year
from the date of issuance. The permit holder desiring to renew an existing
permit shall complete and submit to the Board an application at least ninety (90)
days before the expiration date thereof and shall tender with each application
such permit fees as are required herein. (Ordinance 90, September 24, 1982,
Section 5)
Section 206. Application for Permit.
(a) No application for a permit under this Part shall be accepted

by the Board unless the applicant has first obtained a conditional use
permit from the Board. All permit fees submitted with a permit
XII-5
application or renewal application are non-refundable, even if the permit

is denied or subsequently suspended or revoked.
(b) The application for a permit shall be submitted in writing to

the Board, and shall contain:
(1) A topographical drawing, prepared by a professional

engineer registered in the State of Pennsylvania to a scale no
greater than one inch equals one hundred feet (1" = 100'), showing:
(i) Location of site relative to public roads;
(ii) Owners of adjacent properties;
(iii) Proposed fencing and improvements;
(iv) Proposed screening;
(v) Cross sections showing the existing grades and the

proposed grades upon completion and closure of the landfill;
(vi) Landfill areas within the landfill site, to

include staging of landfill development and the location of
haul roads and access roads;
(vii) Location of equipment cleaning and tire cleaning

areas; and
(viii) Location of weighing scales, fire fighting

equipment and all facilities.
(2) The names and current addresses of any and all persons
who own any interest, real or equitable, in the real estate which is
the subject of the application.
having any ownership interest in any corporations or other business
entities which may be set forth in answers to Subsection (b) above,
where such persons or firms possess an ownership interest of ten
percent (10%) or more.
having any interest in the operation or proposed operation,
maintenance and use of the real estate in question as a landfill.
(5) The names an current addresses of any and all persons

having any ownership interest in any corporations or other business
entities which may be set forth in answer to Subsection (4) above,
where such persons possess an ownership interest of ten percent
(10%) or more.
(6) The identities and qualifications of personnel

designated to manage the proposed facility, together with their
intended responsibilities.
(7) All requirements of the Pennsylvania Solid Waste

Management Act and regulations and standards of the Department of
Environmental Resources relating to solid waste processing and
disposal systems are incorporated herein by reference, and the
applicant shall be required to submit any and all plans,
XII-6
applications, data, materials, studies and information to the Board

as is required to be submitted to the Pennsylvania Department of
Environmental Resources pursuant to said Act, regulations and
standards. All such materials shall be certified by the applicant
to be true and correct copies of original materials filed with that
Department.
(8) Statements indicating expected useful life of the

landfill site and the condition and proposed uses of said site upon
termination of operation, including but not limited to any
limitations of future uses due to decomposition gases.
(9) An access road survey, which shall include the

following:
(i) Statement as to the estimated number of vehicles

weighing over twenty thousand (20,000) pounds, loaded, which
are expected to use the landfill on a daily basis during the
first two (2) years of operation; and
(ii) A plan indicating all roads anticipated to be used

as access roads, as defined herein.
(10) Statement of applicants’ prior experience, if any, in

operating landfills.
(11) (i) An environmental assessment statement, which shall

include the following:
a) A description of the proposed landfill and

facilities;
b) A physical description of the environment
affected, including but not limited to summary technical
data and maps and diagrams adequate to permit an
assessment of potential environmental impact by
commenting agencies and the public. Highly technical
and specialized analyses and data should be attached as
appendices or footnoted with adequate bibliographic
references;
c) The interrelationships and cumulative

environmental (including economic) impact of the
proposed landfill and other landfills shall be stated
with adequate technical analysis;
d) The sources of data used to identify,

quantify or evaluate any and all of environmental
consequences must be expressly noted;
e) The relationship of the proposed landfill to

land use plans, policies and controls for the affected
area, including a statement as to how the proposed
landfill may conform or conflict with the objectives and
specific terms of existing or proposed federal, state,
county and township land use plans, policies and
controls;
f) An analysis of:
XII-7
1) The primary and secondary effects of

the landfill and its capacity to stimulate or
induce changes in patterns of social and/or
economic activities;
2) The impact on existing community

facilities and activities, changes in natural
conditions, etc.; and
3) The effect on natural and cultural

features such as streams, mountains, historic
sites, landmarks, principal roads, lakes and
towns.
g) Specific data relating to the impact of the

landfill on local vehicular traffic;
h) Specific data relating to the impact of the

landfill on local water supplies, streams and rivers;
i) Specific data relating to the impact of the

landfill on natural and man-made local storm drainage
facilities and areas;
j) Specific data relating to the impact of the

landfill on the existing flood-hazard areas of the
Township, including details of any measures or
precautions which may have to be taken in order to
provide adequate flood control in the Township;
k) A statement of any probable adverse

environmental effects which cannot be avoided (such as
water or air pollution, undesirable land use patterns,
damage to life systems, congestion, threats to health or
other consequences adverse to the environment).
Included for purposes of contrast should be a clear
statement of how other avoidable adverse effects will be
mitigated;
l) The relationship between local short-term

uses of the environment and the maintenance and
enhancement of long-term productivity. This section
should contain a brief discussion of the extent to which
the proposed action involves short-term environmental
gains at the expense of long-term losses, or the
converse, and a discussion of the extent to which the
proposed action forecloses future options. In this
context, the words short-term and long-term should be
viewed in terms of the environmentally significant
consequences of the proposed action;
m) The aesthetic impact of the proposed action,

including its impact upon visual quality of the
surrounding community;
n) An analysis of the success and/or failure of

similar projects, if the proposed project is of a non-
conventional nature.
XII-8
o) A statement of any adverse effects on

employment, taxes and property values;
p) A statement of any effects on desirable

community growth; and
q) A statement describing the location and

impact of the project on nearby recreation areas.
(ii) In developing the above data, applicant shall

convey the required information succinctly in a form easily
understood both by members of the public and by public
decision makers, giving attention to the substance of the
information conveyed rather than to the particular form,
length or detail of the statement. Statements should
indicate, at appropriate points in the text, any underlying
studies, reports and other information obtained and considered
by the applicant in preparing the statement. Care should be
taken to insure that the statement remains an essentially
self-contained instrument capable of being understood without
the need for cross reference.
(iii) Each environmental statement should utilize a

systematic, interdisciplinary approach which will insure the
integrated use of the natural and social sciences and the
environmental design arts in planning and decision making
which may have an impact on the environment. Application of
such an approach should help assure a systematic evaluation of
reasonable alternative courses of action and their potential
social, economic and environmental consequences.
Section 207. Regulations.
(a) Every person receiving a permit under this Part shall

constantly maintain the landfill site in accordance with any special
provision imposed by the Board and in the manner prescribed in this
Section and any subsequent regulations adopted by the Board.
(b) The following regulations shall apply to all landfills and

landfill sites:
(1) The landfill shall be located so that safe and adequate

access is available over public roads at all times. In doing so,
any access road, as defined herein, to the proposed landfill shall
be a minimum of twenty-four feet (24') in width and paved with
bituminous or concrete materials having a surface and base course of
sufficient depth to withstand traffic loads, determined by the
number and weight of trucks anticipated in a daily operation of the
proposed landfill. The Board may further require that the cost of
improvement of access roads to provide this standard of access shall
be assessed against the permitee either by requiring contribution of
monies sufficient to pay for the improvements to the access roads,
or by assessing dumping fees on the operation of said landfill
sufficient to pay for the improvements to the access roads. The
permitee shall give written assurance that within one (1) year of
the termination of the landfill operation all access roads will be
restored, if necessary, to their condition as existing immediately
XII-9
prior to the commencement of the operation as determined by the

Township engineer.
(2) All trucks entering and leaving the landfill site shall
be covered, and all access roads, as defined herein, to the landfill
shall be patrolled daily to pick up and dispose of scattered and
blowing papers or other refuse.
(3) The landfill site shall be properly fenced along the

interior boundary of the buffer zone to prevent blowing papers and
other refuse on adjoining properties. The fence shall be metal wire
mesh constructed of No. 9 gauge wire woven in a two inch (2") mesh
in full conformance with the American Society of Testing Materials
Specification A 491-71. The surface height of the fence shall be
eight feet (8') plus an additional minimum of three (3) strands of
barbed wire, installed, at least six inches (6") apart, onto
brackets affixed to the top of the fence at an angle forty-five
degrees (45°) from vertical. The fence shall contain, at all
entrances, gates which are locked except during business hours. In
addition, temporary litter control fences shall be installed in such
a manner as to prevent litter from dispersing onto the landfill
site, no more than seventy-five feet (75') downwind from the
immediate operating area. The landfill site shall be adequately
policed, and all litter shall be collected weekly and incorporated
into the landfill.
(4) The landfill shall not be located on land mapped by the

Soil Conservation Service as having either a high water table or
seasonal high water table or which is subject to flooding.
(5) The landfill site shall be graded and provided with

drainage facilities to minimize runoff, prevent erosion and prevent
collection of standing water.
(6) Burning and scavenging shall not be permitted.
(7) Hours of operation shall be limited to 9:00 a.m. to 5:00

p.m. Monday through Friday, and 9:00 a.m. to 12:00 p.m. Saturday.
The landfill site shall not be operated on Sundays and holidays. At
least three (3) employees shall remain at the landfill site during
business hours.
(8) The landfill shall be located a minimum of four hundred

feet (400') from any other zoning district boundary line, and at
least five hundred feet (500') from any existing residence or any
residence under construction at the time of application.
(9) The landfill shall be located a minimum of two hundred

feet (200') from any street not located within the landfill site and
two hundred feet (200') from any adjoining property line.
(10) Maximum lot size shall be seventy-five (75) acres.
(11) The landfill, as well as all improvements erected on the

landfill site, shall be screened from view from the adjoining
property boundaries by a buffer zone of a minimum of two hundred
feet (200') between said site and improvements, and any adjoining
property, in which shall be placed a planting screen consisting of a
variety of evergreen trees in a solid double row with a minimum
XII-10
height of nine feet (9') so as to create a visual screening of said

site and improvements from all adjoining real property.
(12) Emission of unpleasant gases or odorous matter shall not

be permitted in such quantities as to be offensive outside the
boundaries of the landfill site. The sound pressure level of any
operation within the landfill site shall not exceed, at any point
along the landfill site boundary, the decibel levels in the
following octave bands:
Octave Bank Maximum Permitted Sound Level

(Cycles per Second) (Decibels)
10 to 600 45
600 to 2,400 33
2,400 to 4,800 30
Above 4,800 25
(13) The grade of the landfill shall never exceed the highest
point of natural elevation within the landfill site prior to
commencement of the operation. The final grading of the landfill
shall be done in a manner so that the landfill site is left in a
useful condition. Owners and operators of the proposed landfill
site are encouraged to provide for the future dedication of
properties used for landfill purposes to the Township for park and
recreational facilities.
(14) Wherever possible, the trench method of landfill shall

be used. In the trench method, refuse is placed in a trench,
compacted and covered in longitudinal cells. Cover material is
obtained by the excavation of a parallel trench. The area method of
landfill shall be used where the trench method would be impractical
due to topographical or other conditions. The area method involves
the filling and covering of existing ravines or other low places.
(15) All solid waste shall be deposited in trenches or low

places, and shall be spread, compacted and covered by the end of
each day with a layer of dirt at least four inches (4") to six
inches (6") deep.
(16) All equipment on the landfill site shall be maintained

in a clean and neat condition and stored under roof when not in use.
(17) Necessary measures shall be taken to prevent and

extinguish fires. Water at adequate volume and pressure, as
determined by the Board, to supply water hose streams, or foam
producing equipment or water spray systems, as well as necessary
equipment, compatible with local fire department equipment, such as
hoses, nozzles and pumps for minimizing fire hazard shall be
available at the site. All equipment and buildings shall be
equipped with functional fire extinguishers. At least three (3)
functional Scott Air Packs shall be housed at the landfill site.
All employees shall, prior to commencing work at the landfill site,
undergo a training program, in cooperation with local fire
departments, designed to teach basic fire fighting techniques.
(18) The landfill shall contain an on-site scale, and all

solid waste delivered to the landfill site shall be weighed and
recorded pursuant to Section 211 of this Part.
XII-11
(19) A certified copy of all reports, data, plans and other

material or information required to be submitted to Pennsylvania
Department of Environmental Resources shall be submitted to the
Board.
(20) A tire cleaning area shall be provided on the access

road within the landfill site. All tires on all trucks leaving the
landfill site shall be cleaned. Runoff from the tire cleaning area
shall be controlled in accordance with the provisions of the
Pennsylvania Storm Water Management Act.
(21) Landfill liners, when required by the Pennsylvania

Department of Environmental Resources, shall be constructed of
synthetic flexible polymeric material having a minimum field
thickness of sixty (60) mils.
(22) An equipment cleaning area shall be provided on the

landfill site. All equipment used to grade and compact solid waste
in the landfill shall be cleaned daily to prevent odors, vectors and
other nuisances. All drainage from equipment cleaning areas shall
be managed so as to prevent water pollution, and shall be discharged
to a sanitary sewer system or other facilities approved by the
Board.
(23) Groundwater monitoring wells shall be required and shall

be located both along the interior boundary lines of the buffer zone
and outside the boundary lines of the landfill site as determined by
the Township engineer. The water in each well shall be tested by
the permitee monthly for all items listed in the regulations of the
Pennsylvania Department of Environmental Resources, and for all
other additional items as may be required by resolution of the
Board. The test result shall be submitted, in writing, to the Board
within ten (10) days after the date of each test.
(24) All facilities, equipment and personnel shall be

equipped with both an internal communications or alarm system
capable of providing immediate emergency instruction (voice and
signal) to facility personnel, and a device immediately available at
the scene of operations, such as a telephone or a hand-held two-way
radio, capable of summoning emergency assistance from local police
and fire departments.
(25) The landfill site shall have at least one (1) emergency
access entrance, which shall be locked except when used during an
emergency situation. Permittee shall provide a key to this entrance
to both the landfill inspector and the local fire departments.
(26) Sanitary toilet facilities, as approved by the Board,

shall be constructed and made available for use by persons on the
landfill site.
(27) Permittee shall prepare, and update when needed, a

detailed map of all haul roads within the landfill. This map shall
be submitted to the local police and fire departments within ten
(10) days of its completion or update.
(28) Upon completion of each major phase of landfill

construction, certification shall be provided by a professional
engineer registered in the State of Pennsylvania, indicating that
XII-12
the actual landfill construction was observed by such engineer or

his agents, and that said construction is in strict conformance with
permit requirements of both the Pennsylvania Department of
Environmental Resources and ordinances of the Township.
(29) Standby equipment shall be on-site available within

twenty-four (24) hours of equipment failure. In the event of
equipment failure, standby equipment shall be utilized.
(30) Hours of operation and operating fee rates shall be

prominently displayed on a sign at the entrance. The sign shall be
a minimum size of three feet by four feet (3' X 4'), and the
lettering shall be readable with the naked eye from a distance of
fifty feet (50').
Section 208. Issuance of Permit. Within ninety (90) days of the receipt
of an application for a permit by the Board, the Board shall issue a permit or
shall refuse to issue a permit to the applicant after an examination of the
application and after determination that the applicant has complied with
regulations in this Part. (Ordinance 90, September 24, 1982, Section 8)
Section 209. Transfer of Permit. No permit issued by the Board shall be

transferrable by the permittee to any other municipality unless such a transfer
is authorized by the Board. Any municipality desiring to transfer his permit
shall notify the Board in writing, which notification shall be accompanied by an
application for a permit, as prescribed by this Part, by the transferee.
Section 210. Transfer Fee. In the event the Board shall approve the
transfer of a permit, the transferee shall immediately pay to the Township a
transfer fee of One Thousand Five Hundred Dollars ($1,500.00). (Ordinance 90,
Section 211. Records. Every person who has obtained a permit under this
Part shall provide and keep a book. Permittee shall be responsible for the
accuracy of all information contained in the book. The book shall contain the
following information written down in the English language:
(a) The origin of all solid waste accepted by the landfill site;
(b) The weight of all solid waste accepted by the landfill site;
(c) The number of trucks bringing solid waste to the landfill

site;
(d) The number of vehicles other than trucks bringing solid waste
to the landfill site;
(e) The type of solid waste accepted by the landfill site;
(f) A complete record of all monies accepted by the landfill

operation for solid waste brought to the landfill site; and
(g) The name, home address and telephone number of the driver of
each vehicle and license number of each vehicle bringing solid waste to
the landfill site.
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Section 212. Inspection.
(a) The Board shall appoint or hire a full-time landfill

inspector, who shall be required to regularly oversee and inspect the
landfill operation, the landfill site and all vehicles entering or leaving
the landfill site to monitor compliance with the regulations contained in
this Part. The inspector is required to submit monthly reports in writing
to the Board concerning the condition of the landfill and the landfill
site.
(b) The permittee shall at all times allow the landfill inspector
access to the following:
(1) All records, data, material, books and other information

kept or maintained by the permittee;
(2) All areas of the landfill site, including but not

limited to the landfill and all solid waste delivered to or disposed
in the landfill; and
(3) All equipment, vehicles, buildings or other improvements

and appurtenances located on the landfill site, including but not
limited to all vehicles entering or leaving the landfill site.
(c) The permitee shall provide a permanent office within the

landfill site for use exclusively by the landfill inspector. The office
shall be at least ten feet by ten feet (10' X 10'), shall contain, at a
minimum, a desk, a chair and adequate lighting, heat and air conditioning,
and shall be located at a place specified by the Board.
(d) The landfill inspector shall have authority to order the

permitee to cease all operations at the landfill site and to order
permitee to lock all entrances to the landfill site if the landfill
inspector has reasonable cause to believe that the landfill site is, or
has been, operated in violation of this Part or any other ordinance or
regulation of the Township, the Pennsylvania Solid Waste Management Act,
or the regulations or standards established by the Pennsylvania Department
of Environmental Resources. The landfill inspector shall immediately
notify the Board of the action taken, and the Board shall, within ten (10)
days of the notification by the landfill inspector, act or approve, amend
or disapprove the action taken by the landfill inspector. Failure by the
Board to act within said ten (10) day period shall be deemed to be a
disapproval of the action taken by the landfill inspector.
Section 213. Operating Fee. The Board shall levy an operating fee based
upon the amount of solid waste disposed on the landfill site, which fee shall be
used to administer this Part. The operating fee shall be established by
resolution of the Board. Said fees shall be collected by the permitee from all
persons delivering solid waste to the landfill site, and shall be submitted to
the Board monthly. (Ordinance 90, September 24, 1982, Section 13)
Section 214. Violations. Any person who shall violate any of the
provisions of this Part shall, upon conviction thereof, by a summary proceeding,
be sentenced to pay a fine of not more than One Thousand Dollars ($1,000.00), and
the costs of prosecution, or sentenced to confinement in the Berks County Prison
for a period not exceeding thirty (30) days, provided that each day’s violation
of any of the provisions of this Part shall constitute a separate offense.
(Ordinance 90, September 24, 1982, section 14)
XII-14
Section 215. Abatement of Nuisances. In addition to the remedies provided

above, any continued violations of this Part which shall constitute a nuisance in
fact or which shall, in the opinion of the Board, constitute a nuisance, may be
abated by proceeding against the violator in a Court of Equity for relief.
Section 216. Revocation or Suspension of Permit.
(a) Any permit granted by the Board under the provisions of this
Part shall be revocable or subject to suspension, at any time, upon the
determination by the Board that the landfill or landfill site:
(1) Is or has been conducted in violation of this Part or

any other ordinance or regulation of the Township or of the
Pennsylvania Solid Waste Management Act, or the regulations or
standards of the Pennsylvania Department of Environmental Resources;
or
(2) Is creating a public nuisance ; or
(3) Is creating a potential hazard to the public health,

safety and welfare; or
(4) Adversely affects the environment.
(b) When a permit is denied, suspended or revoked, a hearing shall

be held thereon before the Board within fifteen (15) days after request
therefor is made by the person or business entity whose permit is denied,
suspended or revoked. Within seven (7) days following the date of such
hearing the Board shall notify all parties in writing of the determination
of said hearing and the reasons therefor.
Section 217. Restoration of Land. Permitee shall restore the landscape of

any landfill site before vacating the premises, which restoration shall include,
but not be limited to, planting of trees and shrubs of a species approved by the
Board. (Ordinance 90, September 24, 1982, Section 17)
Section 218. Public Hearing. The Board may, in its discretion, hold a
public hearing on the questions of:
(a) The proposed landfill’s effect on the water, noise and air
pollution and on environment, landscape and the health, safety and welfare
of the people in the Township; and
(b) Its effect on the economic development of the Township.
Section 219. Hazardous Waste. Disposal of hazardous waste, as defined by

the Pennsylvania Solid Waste Management Act, on any landfill site with the
Township is hereby prohibited, unless a certificate of public necessity has been
obtained in accordance with the requirements established by the Pennsylvania
Solid Waste Management Act. Once said certificate has been obtained, all
provisions of this Part shall apply to said disposal. (Ordinance 90,
XII-15
Section 220. Insurance. All permit holders under the provisions of this
Part shall furnish proof to the Board of liability insurance covering all aspects
of their activities under this Part. A personal injury policy shall be obtained
in the amount of at least One Million Dollars ($1,000,000.00) per person or Three
Million ($3,000,000.00) per accident. A property damage policy shall be obtained
in the amount of at least One Million Dollars ($1,000,000.00) per accident. A
disaster policy shall be obtained in the amount of at least Thirty Million
Dollars ($30,000,000.00) which policy shall provide for environmental restoration
in the event of sudden and accidental, or gradual, pollution caused by discharge,
dispersal, release or escape of pollutants. All policies required by this Part
shall have a minimum cancellation period of not less than thirty (30) days after
receipt in writing of the notice of cancellation by the Board. All policies
required by this Part shall be maintained by the permit holder throughout the
entire period of the landfill operation. (Ordinance 90, September 24, 1982,
Section 20)
Section 221. Severability. The provisions of this Part are severable, and
if any provision or part thereof shall be held invalid, unconstitutional or
inapplicable to any person or circumstances, such invalidity, unconstitutionality
or inapplicability shall not affect or impair the remaining provisions, sections
or parts thereof of this Part. (Ordinance 90, September 24, 1982, Section 21)
Section 222. Savings Clause. Nothing in this Part shall be deemed to

affect, modify, amend or repeal any provisions of any ordinance administered by
the Board or any other Department, Commission or Agency of this Township.
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Part 3
Section 301. Title. This Ordinance shall be known and may be cited as the
Municipal Waste and Recyclable Collection Ordinance. (Ordinance 127, August 19,
1991, Section 1)
(a) Aluminum Cans. Empty all-aluminum beverage and food

containers.
(b) Bimetallic Containers. Empty food or beverage containers

consisting of steel and aluminum.
(c) Commercial Establishment. Those properties used primarily for

commercial or industrial purposes.
(d) Corrugated Paper. Structure paper material with inner core

shaped in rigid parallel furrows and ridges.
(e) Designated Recyclable Materials. Materials found within the

municipal waste stream that have been designated for collection under the
Township’s Recycling Collection Program.
(f) Ferrous Containers. Empty steel or tin-coated steel food or

beverage containers.
(g) Glass Container. Bottles and jars made of clear, green or

brown glass. Excluded are plate glass, automotive glass, blue glass and
porcelain and ceramic products, pyrex, coffee mugs, drinking glasses or
light bulbs.
(h) High-Grade Office Paper. All white paper, bond paper and
computer paper used in commercial, institutional and municipal
establishments and in residences.
(i) Institutional Establishment. Those facilities that house or

serve groups of people such as hospitals, schools, day care centers and
nursing homes.
(j) Leaf Waste. Leaves from trees, bushes and other plants,
garden residue, chipped shrubbery and tree trimmings, but not including
grass clippings.
(k) Mobile Home Park. A parcel of land under single ownership

which has been planned and improved for the placement of mobile homes for
non-transient use, consisting of two (2) or more mobile home lots.
(l) Multi-Family Housing Properties. Any properties having six

(6) or more dwelling units per structure.
(m) Municipal Establishments. Public facilities operated by the

municipality and other governmental and quasi-governmental authorities.
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(n) Municipal Waste. Any garbage, refuse, industrial lunchroom or

office waste and other material, including solid, liquid, semi-solid or
contained gaseous materials resulting from operation of residential,
municipal, commercial or institutional establishments and from community
activities and any sludge not meeting the definition of residual waste or
hazardous waste in Act 97 and Act 101 from a municipal, commercial or
institutional water supply treatment plant, wastewater treatment plant or
air pollution control facility, but excluding source separated
recyclables.
(o) Municipality. The Township of Amity, Berks County,

Pennsylvania.
(p) Municipal Waste Collector. Any collector registered pursuant

to this Part and the regulations established by Resolution adopted
hereunder, and pursuant to any Intermunicipal Agreement subsequently
executed by the Township with Berks County or other municipalities.
(q) Person. Any individual, firm, partnership, corporation,

association, institution, cooperative enterprise, trust, municipal
authority, federal institution or agency, state institution or agency,
municipality, other governmental agency or any other legal entity or any
group of such persons whatsoever which is recognized by law as the subject
of rights and duties. In any provision of this Part prescribing a fine,
penalty or imprisonment, or any combination of the foregoing, “person”
shall include the officers and directors of any corporation or other legal
entity having officers and directors.
(r) Plastics. Empty PET plastic bottles (soda bottles) and HDPE
plastics (laundry detergent bottles and/or plastic milk containers).
(s) Public Agency. Any State agency or local public agency.
(t) Recyclable Materials. Only those materials required to be

recycled pursuant to the provisions of regulations established by
Resolution adopted hereunder, as revised from time to time.
(u) Resident. Any individual, firm, partnership, corporation,

association, institution, cooperative enterprise, trust, municipal
authority, federal institution or agency, state institution or agency,
municipality, other governmental agency or any other legal entity or any
group of such persons whatsoever which is recognized by law as the subject
of rights and duties, which owns, leases or occupies a property located in
the Township used as a residence and containing five (5) or less dwelling
units.
(v) Source Separated Recyclables. Materials that are separated

from municipal waste at the point of origin for the purpose of recycling.
(w) Storage. The containment of any municipal waste on a

temporary basis in such a manner as not to constitute disposal of such
waste. It shall be presumed that the containment of any municipal waste
in excess of one (1) year constitutes disposal.
(x) Township. The Township of Amity, Berks County, Pennsylvania.
Section 303. Recyclable Materials. Designated recyclable materials for

the Township Collection Program shall consist of such materials as may be
XII-18
designated by Resolution adopted, from time to time, by the Board of Supervisors

of the Township. (Ordinance 127, August 19, 1991, Section 3)
Section 304. Separation of Recyclable Materials. All persons residing

within the Township, whether in single-family or multi-family dwellings,
townhouses or apartments, shall separate from other municipal waste generated at
their dwellings all designated recyclable materials. These materials shall be
stored until collection thereof by the Township or its designated agent, at times
and dates as set forth by the Township in subsequently promulgated regulations.
The Township, from time to time, hereafter by resolution, may designate other
items to be recycled. Nothing in this Part, or subsequently promulgated
regulations relating hereto, shall be deemed to impair the ownership of separated
materials by the person or persons who generated them, unless and until such
materials are placed at curb side, or other designated location, for collection
by the Township, or its agents, at which time ownership of said materials shall
pass to the Township. (Ordinance 127, August 19, 1991, Section 4)
Section 305. Separation of Leaf Waste. All persons residing within the
Township, as aforesaid, shall also separate from other municipal waste generated
at their dwellings all leaf waste so generated, in those areas of the Township
and during those periods of time that the Township, by resolution and notice,
indicates that such leaf waste is to be collected, until the times for
collection, unless those persons have otherwise provided for the composing of
such leaf waste. (Ordinance 127, August 19, 1991, Section 5)
Section 306. Multi-family Properties Separation. The owner and/or

landlord or the agent of such owner and/or landlord of multi-family rental
housing properties with six (6) or more dwelling units, and mobile home parks,
shall comply with the requirements of this Part by establishing a collection
system for designated recyclable materials at each such property. The collection
system must include suitable containers for the collecting and sorting of said
recyclable materials, easily accessible locations for the containers, and written
instructions to the occupants concerning the use of said collection system.
Owners and/or landlords and the agent for such owners and/or landlords shall not
be liable for the noncompliance of occupants of their buildings. (Ordinance 127,
August 19, 1991, Section 6)
Section 307. Multi-family Properties Collection. The owners and/or

landlord or the agent of such owner and/or landlord of multi-family rental
housing properties with six (6) or more dwelling units, and mobile home parks,
not included in the collection system of the Township shall establish a system
for the collection of designated recyclable materials and leaf waste and arrange
for the removal of such materials to a center for recyclable materials. Leaf
waste shall be collected and transported to a composting facility or leaf
mulching operation as may be designated by the Township by resolution or notice.
Quarterly reports, in writing of the number of tons of such material recycled
shall be made to the Township by the 15th day of January, April, July and October
of each year following each quarter’s end. (Ordinance 127, August 19, 1991,
Section 7)
Section 308. Commercial, Municipal or Institutional Separation and

Collection. All persons owning, leasing, operating, managing and/or otherwise
controlling commercial, municipal or institutional establishments, or community
activities, shall separate high grade office paper, aluminum, corrugated paper
and leaf waste, collect the same and arrange for the removal of such materials to
a center for recyclable materials. Annual reports, in writing, of the number of
tons of such material recycled shall be made to the Township by the 15th day of
January of the following year. (Ordinance 127, August 19, 1991, Section 8)
XII-19
Section 309. Collection and Processing. The Township, by resolution of

the Board of Supervisors, from time to time, will schedule a day, not less
frequently than once a month, when designated recyclable materials are to be
placed at curb side, or other designated location, for collection. In single-
family areas of the Township, one (1) container will be provided for the
collection of all designated recyclable materials. Designated materials must be
set out for collection in accordance with rules and regulations adopted by the
Township.
The Township will establish a system for the collection, not less
frequently than once a month, of designated recyclable materials. Such system
may involve the collection, transporting, processing or marketing of the
materials by the Township itself, or through contracting with other persons for
the collection, transporting, processing or marketing of said commingled
recyclable materials. (Ordinance 127, August 19, 1991, Section 9)
Section 310. Exemption. Persons owning, leasing, operating or managing

commercial, institutional or municipal establishments within the boundaries of
the Township who have provided for, or who hereafter provide for, the recycling
of materials required to be recycled by the terms of this Part, or by the terms
of the Municipal Waste Planning, Recycling and Waste Reduction Act of the
Commonwealth, are hereby exempt from the terms of this Part. To be eligible for
the foregoing exemption, a commercial, institutional or municipal establishment
generating municipal waste must annually provide written documentation to the
Township of the total number of tons recycled by the 15th day of January of each
year. (Ordinance 127, August 19, 1991, Section 10)
Section 311. Ownership of Materials. Designated recyclable materials,

from time to time, and the placement of the same at curb side, or other
designated collection area, in accordance with the terms hereof or of
subsequently adopted regulations, shall be and become the property of the
Township, or its authorized or designated agent or agents. Prior thereto said
designated recyclable materials shall remain the property of the persons who
generated the same. It shall be a violation of the Part for any person not so
authorized by the Township to act as its agent or agents for the collection of
the designated recyclable materials. (Ordinance 127, August 19, 1991,
Section 11)
Section 312. Requirement of Contract. All property owners, stakeholders,

and residents are required to contract with a bonafide trash hauler for the legal
description of solid waste other than identified recyclables established by Amity
Township. (Ordinance 255, January 21, 2009, Section 1)
Section 313. Proof of Contract. All property owners, stakeholders, and

residents are required to maintain proof of contract with collector/hauler to
dispose of municipal waste generated on the premises for a period of one (1)
year. Whenever requested by Amity Township, the owner of the real estate shall
present proof of current contract with a licensed hauler. (Ordinance 255,
January 21, 2009, Section 1)
Section 314. Municipal Waste/Recyclable Collectors.
(a) Registration. Every person desiring to engage in, continue to

engage in or hereafter to begin to engage in the business of collecting,
removing, transporting or hauling municipal waste and recyclable materials
from any property in the Township shall first register with the Township.
Such registration shall be for a period of one (1) year beginning January
1st of the year in which the registration occurs.
XII-20
(b) Collection Equipment and Transportation Vehicles. The

collection equipment and transportation vehicles used for the collection
of municipal waste shall be of the closed metal body type with an
automatic compactor unit. Said vehicles shall, at all times, be in good
and proper mechanical condition and in compliance with the minimum safety
and sanitary regulations of the Commonwealth of Pennsylvania. All such
vehicles shall be specifically designed to prevent leakage of any liquid
or fluids. Other type vehicles may be used only for the collection of
recyclable materials, provided such items are separately collected in
accordance with other regulations adopted hereunder. The municipal waste
and recyclables so collected shall be suitably enclosed or covered so as
to prevent roadside littering, attraction of vermin or creation of other
nuisances. The collection equipment and transportation vehicles shall be
kept in clean and sanitary condition.
(c) Certificate of Insurance. No person shall be entitled to

register with the Township as a collector unless such collector can show
certificates of insurance covering public liability for both bodily injury
and property damage, owners’ and contractors’ protective insurance, and
automobile insurance with respect to personal injuries and property
damage. Such insurance shall be in amounts that shall be, from time to
time, set forth by the Board of Supervisors of the Township by regulations
established by Resolution adopted hereunder. Each and every policy of
insurance herein mentioned which is required pursuant to the terms of this
Part shall carry with it an endorsement to the effect that the insurance
carrier will convey to the Township, by certified mail, written notice of
any modifications, alterations or cancellation of any such policy or
policies or the terms thereof. The above mentioned written notice shall
be mailed to the Township at least thirty (30) days prior to the effective
date of any such modification, alteration or cancellation.
(d) Collection Procedures. Municipal waste collectors shall not

be required to collect municipal waste of any resident where it is obvious
that recyclable materials have not been separated pursuant to this Part.
(e) Rates Schedule. Each municipal waste collector shall,

annually, file with the Township a rate schedule showing the rates to be
charged to its customers for the collection of municipal waste and
recyclable materials. Such rate schedules shall not be changed by the
municipal waste collector without first giving notice to the township at
least thirty (30) days prior to the effective date of such change. Each
municipal waste collector shall also file with the Township, annually, or
upon changes of the routes, a map showing the areas in which it operates
and a timetable setting forth the days of collection.
(f) Registration Fee. At the time of registration, the collector

shall pay to the Township a registration fee in an amount and form as may
be adopted, from time to time, by Resolution of the Board of Supervisors
of the Township.
Section 315. Violations. It shall be unlawful for:
(a) Any persons, other than those persons authorized, to collect

any designated recyclable which has been placed at the curb side or
similar location for collection;
(b) Any person to violate or to cause or to assist in the

violation of any provision of this Part;
XII-21
(c) Any person to place, or cause to be placed, any materials

other than a designated recyclable in recycling containers;
(d) Any person to hinder, to obstruct, to prevent or to interfere

with the Township or any other authorized person in the performance of any
duty under this Part.
Any person who shall violate the provisions of this Part shall receive an
official written notice of non-compliance from the Township for the first (1st)
and second (2nd) offenses. Thereafter, all such violations shall be subject to
penalties hereinafter provided. (Ordinance 127, August 19, 1991, Section 13)
Section 316. Rules and Regulations. The collection of municipal waste and
recyclable materials by municipal waste collectors shall be made in compliance
with the regulations to be adopted by the Board of Supervisors of the Township to
carry out the intent and purpose of this Part. Such rules and regulations shall
be approved by Resolution of the Board of Supervisors of the Township; and when
so approved, shall have the same force and effect as the provisions of this Part.
Said rules and regulations may be amended, modified or replaced by Resolution of
the Board of Supervisors of the Township. (Ordinance 127, August 19, 1991,
Section 14)
Part, or of the regulations adopted hereunder, or any person who knowingly
commits, takes part or assists in any such violation, shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not more than One
Thousand Dollars ($1,000.00), and not less than Fifty Dollars ($50.00). Each day
on which a violation of this Part continues shall constitute a separate offense
punishable by a like fine or penalty. In addition to said penalty, the Township
may institute any appropriate action or proceeding, whether by legal process or
otherwise, to prevent any illegal act, conduct, business or use on or about such
premises subject to this Part. (Ordinance 127, August 19, 1991, Section 15)
Section 318. Severability. Should any clause, section or part of this

Part be held unconstitutional, illegal or unenforceable by any Court of competent
jurisdiction, such invalidity shall not affect, impair, nullify or otherwise
prevent the enforcement of the remainder of the Part. It is hereby declared that
such clauses, sections or parts as are legal would have been enacted
independently of the invalid portion had the invalidity of such clause, section
or part be known, and it is the intention of the Township that such remainder
shall be and remain in full force and effect. (Ordinance 127, August 19, 1991,
Section 16)
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CHAPTER XIII
GRADING AND EXCAVATING
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CHAPTER XIV
HEALTH AND SAFETY
Part 1
Motor Vehicle Nuisances

Section 102. Vehicle Nuisance Prohibited
Section 103. Storage of Vehicle Nuisances Permitted
Section 104. Inspection; Notice to Comply
Section 105. Authority to Remedy Non-Compliance
Section 106. Hearing
Section 108. Remedies Not Mutually Exclusive
Part 2
Weeds
Section 201. Vegetative Growth a Nuisance Under Certain Condition

Section 202. Responsibility for Removing, Cutting or Trimming
Section 203. Notice to Remove, Trim, or Cut; Municipality May Do Work and
Collect Cost and Additional Amount
Section 204. Penalties for Violation
Part 3
Discharge of Firearms

Section 303. Exemptions
Section 304. Violations and Penalties
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Part 1
have the meanings indicated, unless a different meaning clearly appears from the
context:
(a) Lessee. Owner for the purpose of this Part when the lessor
holds the lessee responsible for maintenance and repairs.
(b) Nuisance. Any condition, structure or improvement which shall

constitute a threat or potential threat to the health, safety or welfare
of the citizens of the Township of Amity.
(c) Officer. Such individual, employee, agent or representative

as may be established or designated by authority of the Board of
Supervisors of the Township from time to time.
(d) Owner. The actual owner, agent or custodian of the property

on which vehicles are stores, whether individual, partnership,
association, corporation or other entity.
(e) Person. A natural person, firm, partnership, association,

corporation or other legal entity.
(f) Vehicle. Every device in, upon or by which any person or

property is or may be transported or drawn upon a highway, except devices
used exclusively upon rails or tracts, whether or not said device is
registered for highway operations, and specifically including within the
definition motor homes and mobile homes in all forms and without regard to
whether said vehicles are being operated on the highways or are
stationary.
In this Part, the singular shall include the plural; the plural shall include the
singular; and the masculine shall include the feminine and the neuter.
Section 102. Vehicle Nuisance Prohibited. It shall be unlawful for any

person, owner or lessee to maintain a vehicle nuisance upon the open private
grounds of such person, owner or lessee within the Township. A vehicle nuisance
shall include one (1) or more vehicles which are unable to move under their own
power or have any of the following physical defects:
(a) Broken windshields, mirrors or other glass with sharp edges;
(b) One (1) or more flat or open tires or tubes which could permit
vermin harborage;
(c) Missing doors, windows, hood, trunk or other body parts which
could permit animal harborage;
(d) Any body parts with sharp edges, including holes resulting
from rust;
(e) Missing tires resulting in unsafe suspension of the vehicle;
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(f) Upholstery which is torn or open which could permit animal

and/or vermin harborage;
(g) Broken headlamps or tail-lamps with sharp edges;
(h) Disassembled chassis parts apart from the vehicle stored in a

disorderly fashion or loose in or on the vehicle;
(i) Protruding sharp objects from the chassis;
(j) Broken vehicle frame suspended from the ground in an unstable

manner;
(k) Leaking or damaged oil pan or gas tank which could cause fire
or explosion;
(l) Exposed battery containing acid;
(m) Inoperable locking mechanism for doors or trunk;
(n) Open or damaged floor boards, including trunk and fire wall;
(o) Damaged bumpers pulled away from the perimeter of the vehicle;
(p) Broken grill with protruding edges;
(q) Loose or damaged metal trim or clips;
(r) Broken communication equipment antennae;
(s) Suspended on unstable supports;
(t) Used as a means of equipment, garbage and rubbish storage;
(u) Such other defects which could threaten the health, safety and
welfare of the citizens of Amity Township.
Section 103. Storage of Vehicle Nuisances Permitted. Any person, owner or

lessee who has one (1) or more vehicles which are a nuisance, as defined in
Section 102 of this Chapter, may store such vehicles within the boundaries of
Amity Township only in strict compliance with the regulations provided herein.
Such person, owner or lessee who elects to store a vehicle nuisance, as defined
in Section 102 of this Chapter, must store the same within a garage or other
enclosed building, or outside within an opaqued fence, at least six feet (6')
high which is locked at all times when unattended. Such vehicle nuisances may be
stored in an area enclosed by a chain link fence, at least six feet (6') high,
screened by shrubbery around the perimeter to the height of the fence, with an
unobstructed gate capable of admitting fire or emergency equipment. Such gate
shall remain locked at all times when unattended. In addition, all gas, oil or
other flammable liquids shall be removed from the vehicle, and it shall be kept
free of vermin infestation while being stored. The total area of storage of
vehicle nuisances may not exceed two hundred (200) square feet, without obtaining
a proper permit for storage of such nuisances from the Amity Township Board of
Supervisors.
Any person, owner or lessee who has or desires to store vehicle nuisances,
as defined in Section 102 of this Chapter, in an exterior storage area which
exceeds two hundred (200) square feet must first apply for a permit for either
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temporary or permanent storage and pay a fee to the Township of Amity, such as
may be provided from time to time by Resolution of the Board of Supervisors. The
vehicle nuisances must be stored within a garage or other enclosed building, or
within an opaqued fence, at least six feet (6') high, or a chain link fence, at
least six feet (6') high, screened by shrubbery around the perimeter to the
height of the fence, which fence shall be locked at all times when unattended.
In addition, all gas, oil or other flammable liquids shall be removed from the
vehicles which shall be kept free of vermin infestation while being stored.
Nothing herein shall be construed to permit the storage of vehicle

nuisances contrary to the provisions of the Amity Township Zoning Ordinance.
Section 104. Inspection; Notice to Comply.
(a) The officers of Amity Township are hereby empowered to inspect

grounds on which vehicles are stored to determine if there is compliance
with the provisions of this Part. If non-compliance with the provisions
of this Part constitutes a nuisance, or if any condition, structure or
improvement poses a threat to the health, safety or welfare of the public,
such officer shall issue a written notice to be served by registered or
certified mail, return receipt requested, postage prepaid, upon the owner
of said premises, or if the owner’s whereabouts or identity be unknown, by
posting the notice conspicuously upon the offending premises.
(b) Said notice shall specify the condition, structure or

improvement complained of, and shall require the owner to commence to
remove or otherwise rectify the condition, structure or improvement as set
forth therein within ten (10) days of mailing or posting of said notice,
and thereafter, to fully comply with the requirements of the notice within
a reasonable time.
Section 105. Authority to Remedy Non-Compliance. If the owner of the

grounds on which vehicles are stored does not comply with the notice to abate the
condition(s), within the time limit prescribed the Township shall have the
authority to take measures to correct the condition(s) and collect the cost of
such correction(s), plus ten percent (10%) of all costs. The Township, in such
event and pursuant to its statutory or otherwise authorized police powers, shall
have the right and power to enter upon the offending premises to accomplish the
foregoing. (Ordinance 117, April 3, 1989, Section 5)
Section 106. Hearing.
(a) Any person aggrieved by the decision of the Amity Township

Officer may request and shall then be granted a hearing before the Board
of Supervisors; provided, he filed with the Board of Supervisors within
ten (10) days after notice of the Officer’s decision a written petition
requesting such hearing and setting forth a brief statement of the grounds
therefor. The hearing shall commence not later than thirty (30) days
after the date on which the petition was filed, unless postponed for
sufficient cause.
(b) After such hearing, the Board of Supervisors shall sustain,

modify or overrule the action of the Officer.
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Section 107. Penalties. Any person who shall violate any provision of
this Part shall, upon conviction thereof, be sentenced to pay a fine not more
than One Thousand Dollars ($1,000.00), and/or to undergo imprisonment for a term
not to exceed ninety (90) days. Each day that a violation of this Part continues
shall constitute a separate offense. (Ordinance 117, April 3, 1989, Section 7)
Section 108. Remedies Not Mutually Exclusive. The remedies provided

herein for the enforcement of this Part, or any remedy provided by law, shall not
be deemed mutually exclusive; rather they may be employed simultaneously or
consecutively at the option of the Board of Supervisors. (Ordinance 117,
April 3, 1989, Section 8)

clause section or part thereof not been included herein. (Ordinance 117, April
3, 1989, Section 10)
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Part 2
Weeds
Section 201. Vegetative Growth a Nuisance Under Certain Condition. No

person, firm, corporation or other entity owning or occupying any property within
the Township of Amity, excepting only property within and registered as part of
the recorded Agricultural Security Area which is being used or occupied for
agricultural purposes or in accordance with sound agricultural practices, shall
permit any grass, weeds or vegetation whatsoever, not edible or planted for some
useful or ornamental purpose, to grow or remain upon such premises so as to
exceed a height of twelve inches (12"), or to throw off any unpleasant or noxious
odor, or to conceal any filthy deposit, or to create or produce pollen. Any
grass, weeds or other vegetation growing upon any premises in the Township of
Amity, excepting only that property within and registered as part of the
Agricultural Security Area being used or occupied for agricultural purposes or in
accordance with sound agricultural practices, in violation of any of the
provisions of this section is hereby declared to be a nuisance and detrimental to
the health, safety, cleanliness and comfort of the inhabitants of the Township of
Amity. (Ordinance 123, July 30, 1990, Section 1)
Section 202. Responsibility for Removing, Cutting or Trimming. The owner

of any premises not otherwise exempted above, or the occupant of premises not so
exempted, shall remove, trim or cut all grass, weeds or other vegetation growing
or remaining upon such premises in violation of the provisions of Section 201 of
this Chapter not later than June 1 and August 15 of each and every year
hereafter. (Ordinance 123, July 30, 1990, Section 2)
Section 203. Notice to Remove, Trim or Cut; Municipality May Do Work and
Collect Cost and Additional Amount. The Board of Supervisors, or any officer or
employee of the Township of Amity designated thereby for this purpose, is hereby
authorized to give notice, by personal service or by United States mail, to the
owner or occupant, as the case may be, of any premises not so exempted whereon
grass, weeds or other vegetation is growing or remaining in violation of the
provisions of Section 201 of this Chapter, directing and requiring such occupant
to remove, trim or cut such grass, weeds or vegetation so as to conform to the
requirements of this Part, within fifteen (15) days after issuance of such
notice. Whenever, in the judgment of the Township Code Enforcement Officer it
shall appear to be impracticable to give notice as above provided, either because
the owner or occupant cannot readily be found or because a search for the owner
or occupant would entail unreasonable delay, the Board of Supervisors, or any
officer or employee of the Township of Amity designated thereby for that purpose,
may give notice by posting conspicuously on the property where such nuisance
exists, notice or order directing and requiring that such nuisance be abated
within fifteen (15) days. In case any person, firm, corporation or other entity
shall neglect, fail or refuse to comply with such notice within the period of
time stated therein, the Board of Supervisors may order the removal, trimming or
cutting of such grass, weeds or vegetation, and the cost thereof, together with a
penalty of ten percent (10%) of the cost thereof shall be collected by the
Township of Amity from such person, firm, corporation or other entity, in the
manner provided by law. (Ordinance 123, July 30, 1990, Section 3)
Section 204. Penalties for Violation. Any person, firm, corporation or

other entity who shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine not more than Six Hundred Dollars ($600.00),
and/or to undergo imprisonment for a term not to exceed ninety (90) days. Each
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day that a violation of this Part continues after notice shall constitute a
separate offense. (Ordinance 123, July 30, 1990, Section 4)
Section 205. Severability. If any sentence, clause, section, or part of

clause, section or part thereof not been included herein. (Ordinance 123, July
30, 1990, Section 6)
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Part 3
Discharge of Firearms
have the meanings indicated:
(a) Day-care/Pre-school/Latch-Key Facility. A facility used for

providing supervision and care of pre-school age children and school age
children and licensed by the Commonwealth of Pennsylvania in accordance
with 55 Pa.Code, Chapter 3270, 3280, 3290 and 3300, et seq.
(b) Firearm. A weapon used in the propulsion of shot, shell,

bullet or any other object by the action of gunpowder, other explosive
powder, compressed gas or compressed air.
(c) Farmer. A person actively engaged in the business of raising

agricultural products or livestock in order to earn a livelihood.
(d) School District Property. Real estate owned by the Daniel

Boone Area School District or the Pennsylvania State School Building
Authority and located in the Township of Amity, Berks County,
Pennsylvania.
(e) Township Parks and Recreation Areas. Real estate owned by the
Township and designated as a recreation area as follows:
(1) Lake Drive Park and Recreation Area
(2) Hill Road Recreation Area
(3) Myron S. Wheeler Recreation Area
(4) Locust Grove Recreation Area
(5) Amity Park Road Recreation Area
(6) Amity Park Recreation Area located between Route 662 and
Weavertown Road.
This definition does not include the area known as Monocacy Hill
Park.
(a) The intentional discharge of any firearm within the Township

is prohibited within one hundred fifty (150) yards of the property line of
any School District Property, Day-care/Pre-school/Latch-key Facility and
Township Parks and Recreation Areas as defined above.
(b) The intentional discharge of any firearm within the Township

shall not occur before one-half (1/2) hour after sunrise and shall end no
later than one-half (1/2) hour before sunset.
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Section 303. Exemptions. The provisions of this Part shall not apply to
the following uses or activities involving firearms where otherwise legal:
(a) Authorized law enforcement officers acting in the line of

duty.
(b) Hunting or other activities regulated by and conducted in

accordance with the PA Game and Wildlife Code, 34 PA C.S.A. 101 et seq.
(c) Use of firearms in defense of human life.
(d) Farmers protecting their crops or livestock.
Section 304. Violations and Penalties Any person or persons,

corporation, partnership or other entity whatsoever violating any of the
provisions of this Part shall, upon conviction, be sentenced to pay a fine not to
exceed One Thousand Dollars ($1,000.00) plus costs of prosecution and/or
imprisonment for a term not exceeding ninety (90) days. (Ordinance 203,

this Part is, for any reason, found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not affect or impact any
other remaining provisions, sentences, clauses, sections or parts of this Part.
It is hereby declared as the intent of the Township of Amity that this Part would
have been adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof had not been included herein. (Ordinance 203, August 3,
2004, Section 1)
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CHAPTER XV
HOUSING
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LAB AMITY CODE 13404-10 C16 07/06/16 #105016-02
CHAPTER XVI
IMPACT FEES
Section 101. Title

Section 103. General Findings and Conditions
Section 105. Imposition
Section 106. Uses
Section 108. Calculation of Impact Fees
Section 109. Administration of Impact Fee
Section 110. Credits
Section 111. Refunds
Section 112. Transportation Impact Fee as Additional Requirement
Section 114. Transportation Service Areas
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CHAPTER XVI
IMPACT FEES
Section 101. Title. This Chapter shall be known as the “Amity Township
Transportation Impact Fee Ordinance”. (Ordinance 230, December 19, 2006,
Section 1)
Section 102. Purpose. The purpose of this Chapter is to establish a

transportation capital impact fee program to ensure that the Township’s
transportation infrastructure system is available and adequate to support new
growth and development. To advance this objective, there is hereby created a
transportation capital impact fee (the “Fee”) for new development payable to the
Township at the time of building permit issuance. (Ordinance 230, December 19,
2006, Section 1)
Section 103. General Findings and Conditions. The Board of Supervisors

hereby finds and declares that:
(a) The conditions and standards for the determination and

imposition of the Fee are set forth herein and otherwise shall follow
those set forth in Act 209 of 1990, as amended (the “Act”), and consist
of:
(1) The analysis, advice, and recommendations of the Impact

Fee Advisory Committee;
(2) The Amity Township Land Use Assumptions Report, as

adopted by the Board of Supervisors per Resolution 14-09 on June 18,
2014, as may be amended from time to time;
(3) The Amity Township Roadway Sufficiency Analysis, as

adopted by the Board of Supervisors per Resolution 14-12 on August
20, 2014, as may be amended from time to time and the Amity Township
Transportation Capital Improvements Plan as adopted by the Board of
Supervisors per Resolution 14-21 on December 17, 2014, as may be
amended from time to time;
(4) The Transportation Service Areas Figure 2 of the Land

Use Assumptions Report, as adopted by the Board of Supervisors per
Resolution 14-09 on June 18, 2014;
(5) Such other conditions and standards as the Board of

Supervisors may by resolution identify from time to time as being
relevant and material to the imposition of the Fee and consistent
with the Act, and any amendments thereto.
(b) The collection, disbursement and accounting of the Fee shall

be administered by the office of the Township Manager, subject to review,
oversight and control by the Board of Supervisors.
(c) The time, method, and procedures for payment of the Fee shall
be as set forth in Sections 105 and 108 of this Chapter.
(d) The procedure for credits against or refunds of the Fee shall
be as set forth in Sections 110 and 111 of this Chapter.
(e) The calculation of the Fee shall be as set forth in

Section 108 of this Chapter.
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(f) Such exemptions of the Fee as the Board of Supervisors shall

chose to enact shall be as set forth in Section 107 of this Chapter.
(Ordinance 230, December 19, 2006, Section 1; as amended By Ordinance 286,

January 21, 2015, Sections 2, 3 and 4)
Section 104. Definitions. The terms and definitions set forth in §502-A
of the Act are hereby adopted and incorporated into this Chapter by reference.
Section 105. Imposition. The Fee is hereby enacted and imposed upon new
development for the purpose of off-site public transportation capital
improvements authorized by the Act and outlined in this Chapter. Said Fee shall
apply, and be uniformly applicable to, all new development and/or subdivisions
within the transportation service area(s) identified herein. The Fee shall be a
condition precedent to final approval of a land development/subdivision plan or
the issuance of a building permit.
No building permit shall be issued for new development within a

transportation service area unless the Fee, as imposed by and calculated pursuant
to this Chapter, has been paid. The fee shall apply to an expansion of an
existing use only if that expansion shall increase the number of PM peak hour
trips.
The geographical areas of the Township for which the Fee shall be collected
is generally characterized as the north and south areas as depicted within the
Land Use Assumptions Report. This figure is also found as Figure 3 within the
Roadway Sufficiency Analysis and Transportation Capital Improvements Plan, and as
more fully set forth in Section 114 of this Chapter. (Ordinance 230,
Section 106. Uses. The Fee collected pursuant to this Chapter shall be
expended for costs incurred for transportation capital improvements attributable
to new development and designated in the Transportation Capital Improvements Plan
within the transportation service area in which the new development is located.
The Fee may also be used for the acquisition of land and rights-of-way,
engineering, legal and planning costs, debt service related to road improvements,
and all other costs allowed under the provisions of the Act. (Ordinance 230,
Section 107. Exemptions. The Fee shall not be collected for subdivisions
or developments under the following conditions:
(a) New growth that has been determined by the Board of

Supervisors to serve an overriding public interest shall be provided a
credit against the Fee of up to 100%. Some examples of this could
include, but shall not be limited to, municipal uses, educational uses, or
non-profit uses. To qualify for the credit, applicants shall be required
to submit a exemption request in writing to the Board of Supervisors
outlining their proposed use and describing the overriding public interest
served.
(b) De minimus applications shall be exempted from the Fee. De

minimus applications shall mean those subdivisions and developments that
can be shown to generate less than two (2) additional PM peak hour trips,
without rounding, using the most current version of the Institute of
Transportation Engineers publication, Trip Generation, or mutually agreed
upon traffic study. To qualify for the exemption, applicants shall be
required to place a waiver request on their final plat and submit
information to support their request.
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Section 108. Calculation of Impact Fees.
(a) The Fee in the Transportation Service Area North is Eight

Hundred Ninety-Nine and 52/100 Dollars ($899.52)per PM peak hour trip as
set forth in the Transportation Capital Improvements Plan.
(b) The Fee in the Transportation Service Area South is Seven

Hundred Five and 12/100 Dollars ($705.12) per PM peak hour trip as set
forth in the Transportation Capital Improvements Plan.
(c) The amount of the Fee may be amended from time to time by
Resolution of the Board of Supervisors in accordance with the procedures
set forth in the Act.
(d) The Fee is hereby imposed upon all new subdivision and
development including expansion and change in use and shall be determined
as of the date of preliminary land development or subdivision approval by
multiplying the per trip cost established for the designated
Transportation Service Area by the estimated number of PM peak hour trips
to be generated in accordance with the most current version of the
Institute of Transportation Engineers publication, Trip Generation manual.
(e) In the event that the trip generation characteristics of a use

are not sufficiently documented in the Trip Generation manual, the Fee
shall be determined by the information contained in the required Traffic
Impact Study per the Township Subdivision and Land Development Ordinance
as approved by the Township Transportation Engineer.
(Ordinance 230, December 19, 2006, Section 1; as amended by Ordinance 286,

January 21, 2015, Sections 5 and 6)
Section 109. Administration of Impact Fee.
(a) The Township Manager, or his designee, shall collect the Fee
prior to the issuance of a building permit.
(b) The Township Treasurer, or his designee, shall establish an

impact fee fund where the Fee shall be deposited. This fund shall be
deposited in an interest bearing account(s) in a financial institution
authorized to receive deposits of the Township. Interest earned from this
fund shall be credited to that account and shall be used solely for the
same purpose as the original Fee.
(c) The Township Manager or Treasurer shall establish appropriate

accounts for each transportation service area. These accounts shall be
reflected in the Township Budget and show expected credits and payments
for each project.
(d) The Township Manager or Treasurer shall maintain and keep

adequate financial records for each account that shall show the source and
disbursement of all revenues. He shall ensure that the disbursement of
funds shall be used solely and exclusively for the provision of projects
specified in the Transportation Capital Improvements Plan for that
particular transportation service area.
Section 110. Credits. Any applicant who shall perform, at his own expense
and with the consent and agreement of the Board of Supervisors, off-site
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LAB AMITY CODE 13404-10 C16 07/06/16 #105016-02
improvements shall be eligible for a credit towards the Fee in the amount of the
actual cost of such improvements as verified by the Township. The Board of
Supervisors shall not be obligated to accept an offer of improvement construction
by an applicant.
(a) If an applicant makes such improvements, he must enter into an

agreement with the Board of Supervisors prior to the issuance of any
building permit. The agreement must establish the estimated cost of the
improvement, the schedule for the initiation and completion of the
improvement, a requirement that the improvement shall be completed to
Township and Pennsylvania Department of Transportation standards and
criteria and any other terms and conditions that are deemed necessary by
the Board of Supervisors.
(b) Any credit shall not exceed the amount of the Fee for each
development. However, provided that the applicant has other developments
within the transportation service areas that are in the same ownership and
have received preliminary approval, credits calculated to be greater than
the Fee due may be applied to the Fee for the applicant’s other
developments.
(c) Applicants shall be required to post financial security,

sufficient in the judgment of the Township Engineer, to cover the cost of
any improvements installed by the applicant for which a credit is sought.
(d) An applicant, seeking a credit and with Board of Supervisors

approval, shall be entitled as a credit against the Fee in the amount
equal to the fair market value of land dedicated by the applicant and
accepted by the Township for future right-of-way, realignment, or widening
of existing roadways provided that any on-site land dedication shall not
be counted unless it exceeds the requirements of the Township Subdivision
and Land Development Ordinance.
(e) An applicant, seeking a credit and with Board of Supervisors

approval, shall be entitled as a credit against the Fee in the amount
equal to the construction value of any road improvement that is contained
in the Transportation Capital Improvements Plan that was performed at the
applicant’s expense.
Section 111. Refunds. Fees collected pursuant to the Chapter shall be

refunded, together with earned accrued interest thereon, to the payor of the Fee
under the following circumstances:
(a) In the event that the Township completes or terminates an

adopted capital improvements plan for a transportation service area and
there remains at the time of termination or completion undispersed funds
in the accounts established for that purpose, the Township shall provide
written notice by certified mail to those persons who previously paid the
fees which remain undispersed of the availability of said funds for refund
of the person’s proportionate share of the fund balance.
(b) If the Township fails to commence construction of any

transportation service area road improvements within three years of the
scheduled construction date set forth in a transportation capital
improvements plan, any person who paid the Fee pursuant to that
transportation capital improvements plan shall, upon written request to
the Township, receive a refund of that portion of the Fee attributable to
the contribution for the uncommenced road improvement, plus the interest
accumulated thereon from the date of payment. However, no refund shall be
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LAB AMITY CODE 13404-10 C16 07/06/16 #105016-02
paid for any improvement project actually begun prior to the receipt of
such refund request.
(c) If, upon completion of any road improvements project contained

in the Transportation Capital Improvements Plan by the Township, the
actual expenditures of the capital project are less than 95% of the costs
properly allocable to the fee paid, the Township shall, upon written
request to the Township, refund the pro rata difference between the
budgeted costs and the actual expenditures, including interest accumulated
thereon from the date of payment, to the applicant.
(d) If the development for which the Fee was paid is not commenced
prior to the expiration of building permits the Fee with accumulated
interest shall be refunded, upon written request to the Township, to the
applicant. If the building permit as issued for the development is
altered and the alteration results in a decrease in the amount of the Fee
due, the difference between the new Fee and Fee previously paid shall be
refunded, upon written request to the Township, to the applicant. The
applicant, at his option, may roll over the Fee paid to cover a renewal
of, or new building permit.
The allocation of refunds shall be determined by generally accepted accounting

practices. In the event that any of the funds remain unclaimed following one year
after the notice, which notice shall be provided to the last known address
provided by the payor of the fees to the Township, the Township shall transfer
any funds so remaining to the Township Capital Fund without any further
obligation to refund said funds. It is the responsibility of the payor to
provide the Township with, and to maintain, his current address of his place of
business. (Ordinance 230, December 19, 2006, Section 1)
Section 112. Transportation Impact Fee as an Additional Requirement. The Fee is

additional and supplemental to, and not in substitution of, any other
requirements or fees imposed by the Township on land development and building
permit issuance. Nothing herein contained shall alter or affect the Township’s
existing ordinances and regulations regarding on-site improvements. However, in
no event shall an applicant be required to pay for off-site transportation
capital improvements in addition to, or in excess of, the required Fee.
Section 113. Severability. Should any sentence, section, clause, part or

provision of this Chapter be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the Chapter as a whole, or any
part thereof, other than the part declared to be invalid. (Ordinance 230,
Section 114. Transportation Service Areas.

January 21, 2015, Section 7)
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CHAPTER XVII
LICENSES, PERMITS, AND GENERAL BUSINESS REGULATIONS
Part 1
Junk Yards

Section 103. License
Section 104. Application for License
Section 105. Issuance of License
Section 106. License Fee
Section 107. License Limitation
Section 108. Transfer of License
Section 109. Transfer Fee
Section 111. Delay in Disposal
Section 114. Penalties for Violations
Part 2
Peddling

Section 202. License Required
Section 203. License Application
Section 204. License Fees
Section 205. Issuance and Exhibition of License
Section 206. Permitted Hours of Peddling
Section 207. Loudspeakers Not Permitted
Section 208. Use of Streets and Curbs
Section 209. Fixed Locations Not Permitted
Section 210. License Records; Supervision
Section 211. License Suspension
XVII-1
Part 1
Junk Yards
Section 101. Short Title. This Ordinance shall be known and may be cited
as “Amity Township Junkyard Ordinance”. (Ordinance 43, May 19, 1972, Section 1)
Section 102. Definitions. Unless otherwise expressly stated, the

following words and phrases shall be construed throughout this Ordinance to have
the meanings herein indicated:
(a) Board. The Board of Supervisors of Amity Township.
(b) Junk. Junk shall mean any discarded material or article and
shall include, but not be limited to scrap metal, scrapped, abandoned or
junked motor vehicles, including the commercial storage of wrecked
automobiles, pending disposition thereof, machinery, equipment, paper,
glass, containers and structures. It shall not include, however, refuse
or garbage kept in proper containers for the purpose of prompt disposal.
(c) Junk Dealer. Any person, as hereinafter defined, who shall

engage in the business of selling, buying, salvaging and dealing in junk,
including one who commercially stores wrecked automobiles pending
disposition of the same, and who maintains and operates a Junk Yard within
the Township of Amity.
(d) Junkyard. Shall mean any place where any junk, as hereinafter
defined, is stored, disposed of or accumulated.
(e) License. The permit granted to a person who accumulates,

stores or disposes of junk, as hereinbefore defined.
(f) Person. Shall include any partnership, association, firm,

corporation or other entity.
(g) Reasonable Time. A time determined by the Board of

Supervisors which shall not be more than two (2) years and not less than
one (1) year from the date a license is obtained under this Ordinance.
(h) Township. Amity Township, Berks County, Pennsylvania.
Section 103. License. No person shall engage in business as a junk dealer

or maintain a junk yard without first having obtained a license from the Board,
for which a license fee shall be paid to the Township for the use of the
Township. (Ordinance 43, May 19, 1972, Section 2)
Section 104. Application for License. The license provided for in this
Ordinance shall be issued by the Board after written application shall have been
made therefor by the person desiring to be licensed. Such license shall state
the name of the person to whom such license is issued and the premises on which
such business is to be conducted, or such junk yard is to be maintained. Such
license shall be posted conspicuously upon the premises licensed thereunder. The
written application for license hereinabove mentioned shall be accompanied by a
form, each question of which must be answered, which form shall be supplied by
the Board. Applicant shall also submit therewith a plot plan of the premises
used or to be used in connection with such license. (Ordinance 43, May 19, 1972,
Section 4)
XVII-2
Section 105. Issuance of License. Upon receipt of an application by the

Board, the Board shall issue a license or shall refuse to issue a license to the
person applying therefor after an examination of the application and a
determination that the applicant has complied with the regulations in Section 112
of this Chapter. (Ordinance 43, May 19, 1972, Section 5)
Section 106. License Fee. A license fee shall be paid immediately upon
the issuance or renewal of a license. The amount of the license fee shall be Two
Hundred Dollars ($200.00) for each and every license issued. (Ordinance 43,
Section 107. License Limitation. No persons licensed under this Ordinance

shall, by virtue of one license, keep more than one place of business within the
Township or maintain more than one junk yard, for the purpose of buying, selling
and dealing in junk. No person shall engage in business as a junk dealer in any
place other than the place designated upon his license, or maintain a junk yard
in any place other than the place designated upon his license. (Ordinance 43,
Section 108. Transfer of License. No license issued by the Board shall be

transferable by the licensee to any other person unless such a transfer is
authorized by the Board. Any person desiring to transfer his license shall
notify the Board in writing, which notification shall be accompanied by an
application for a license, as described in Section 104 of this Chapter, by the
transferee. (Ordinance 43, May 19, 1972, Section 8)
Section 109. Transfer Fee. In the event the Board shall approve the
transfer of a license, the transferee shall immediately pay to the Township a
transfer fee of Ten Dollars ($10.00). (Ordinance 43, May 19, 1972, Section 9)
Section 110. Records. Every person licensed under this Ordinance shall
provide and keep a book, in which shall be written down in the English language
at the time of the purchase of any junk, a description of every article or
material purchased or received by him, the date and hour of purchase or receipt,
and the person from whom such article or material was purchased or received.
Such book shall at all times be subject to the inspection of any official of the
Township or any police officer of the State of Pennsylvania or its subdivisions.
In the case of motor vehicles, there shall be kept in addition a personal
description of the person from whom purchased and a complete description of the
purchase which shall include trade name, and the motor, body, manufacturer’s
numbers and any other serial numbers, the style of body, model, color and license
number. (Ordinance 43, May 19, 1972, Section 10)
Section 111. Delay in Disposal. Every person licensed under this

Ordinance shall keep and retain upon the licensed premises, for a period of
forty-eight (48) hours after the purchase or receipt thereof, all junk received
or purchased by him, and he shall not disturb or reduce the same or alter the
original form, shape or condition until such period of forty-eight (48) hours
shall have elapsed. (Ordinance 43, May 19, 1972, Section 11)
Section 112. Regulations. Every person licensed under this Ordinance

shall constantly maintain the licensed premises in accordance with any special
provision imposed by the Board and in the manner prescribed by this Section and
any subsequent regulations adopted by the Board. Notwithstanding this provision,
all junk yard dealers within the Township who have been licensed under a previous
Ordinance in relation to junk yards shall be allowed a reasonable time in which
to comply with the following regulations.
XVII-3
(a) Such premises shall at all times be maintained so as not to

constitute a nuisance or menace to the health of the community, or of
residents nearby, or a place for the breeding of rodents and vermin.
(b) No garbage or other organic waste shall be stored in such

premises.
(c) There shall be erected a fence or wall not less than six feet
(6') in height and to encompass the entire junk yard for the purpose of
preventing thefts and thereby reducing law enforcement problems. The
fence or wall shall be constructed of materials of sufficient strength in
order to carry out the purpose of this regulation.
(d) In order to allow fire and emergency equipment to maneuver

within junk yards to prevent the spread of fires, there shall be a twenty
feet (20') space between rows of junk within the junk yard.
(e) There shall be a twenty feet (20') setback from all streams or
water courses running near, in or around said junk yards.
(f) Any person licensed under this Ordinance shall not burn more
than one motor vehicle or its equivalent at any one time. No oil, grease,
tires, gasoline or other similar material that might be dangerous or tend
to produce obnoxious smoke or odors shall be burned within a junk yard at
any time. Burning vehicles must be attended and controlled at all times.
(g) The premises to be licensed shall be set back a minimum

distance of twenty-five feet (25') from the right-of-way lines on all
streets or roads and a minimum distance of twenty-five feet (25') from all
other property lines. The area between the setback line, the right-of-way
line, all streets and roads and all other property lines shall be at all
times kept clear and vacant.
(h) No two (2) or more vehicles can be stacked on top of one

another. All other junk shall be stacked in a manner and to a height
which does not exceed the height limit of the fence which surrounds the
junk yard.
Section 113. Inspection. An official of the Township shall regularly

inspect the premises of every licensee to determine if the licensee is in full
compliance with the regulations as set forth above. Further, said official shall
report, not less than twice yearly, in writing, to the Township Board of
Supervisors the conditions of the junk yard. (Ordinance 43, May 19, 1972,
Section 13)
Section 114. Penalties for Violations. Any person who shall violate any
of the provisions of this Ordinance shall, upon conviction thereof by a summary
proceeding, be sentenced to pay a fine of not more than Six Hundred Dollars
($600.00), and the costs of prosecution, or be sentenced to confinement in the
Berks County Prison for a period not exceeding thirty (30) days, provided that
each day’s violation of any provision of this Ordinance shall constitute a
separate offense. (Ordinance 43, May 19, 1972, Section 14)
Section 115. Abatement of Nuisances. In addition to the remedies provided

in Section 114 of this Chapter, any continued violation of this Ordinance which
shall constitute a nuisance in face or which shall in the opinion of the Board
constitute a nuisance may be abated by proceeding against the violator in a Court
of Equity for relief. (Ordinance 43, May 19, 1972, Section 15)
XVII-4
Section 116. Severability. If any section of this Ordinance shall be

found to be invalid, the other sections of this Ordinance shall not be affected
thereby. (Ordinance 43, May 19, 1972, Section 16)
XVII-5
Part 2
Peddling
Section 201. Definitions. As used in this Ordinance, the following terms

shall have the meanings indicated, unless a different meaning clearly appears
from the context:
(a) Peddler. Any person who shall engage in peddling, as herein

defined.
(b) Peddling. Engaging in peddling, canvassing, soliciting or

taking of orders, either by sample or otherwise, or accepting donations
directly or indirectly, for any goods, wares or merchandise upon any of
the streets or sidewalks or from house to house within the Township of
Amity. The term “peddling” shall include soliciting of donations.
PROVIDED: the word “peddling” shall not apply (1) to farmers selling their
own produce, (2) to the sale of goods, wares and merchandise donated by
the owners thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose, or (3) to any manufacturer or
producer in the sale of bread and bakery products, meat and meat products,
or milk and milk products.
(c) Person. Any natural person, association, partnership, firm,

In this Ordinance, the singular shall include the plural and the masculine shall
include the feminine and the neuter.(Ordinance 84, September 5, 1980, Section 1)
Section 202. License Required. No person shall engage in peddling in the

Township of Amity without first having taken out a license as herein provided.
(Ordinance 13, July 1, 1961, Section 2)
Section 203. License Application. Every person desiring to engage in

peddling in the Township of Amity shall first make application to the Police
Department. Upon such application, such person shall give his/her name; local and
permanent home address; his/her previous criminal record, including summary
offenses, if any; the name of the person for whom he/she works, if any; the type
of goods, wares and merchandise he/she wishes to peddle; the length of time for
which he/she wishes to be licensed; the detailed type of vehicle he/she uses, if
any; and the number of helpers he/she has. Provided, where a person makes
application for him/herself and one or more helpers, all applicable personal
information specified above shall be given for each helper. No license issued
under this Ordinance shall be transferable from one person to another.
(Ordinance 84, September 5, 1980, Section 3; as amended by Ordinance 291,
Section 204. License Fees. No license shall be issued under this

Ordinance until the proper fees are paid to the Township, which shall be for the
use of Amity Township. The Board of Supervisors may by resolution, adopt and
amend from time to time, a schedule of fees to be paid to Amity Township.

XVII-6
Section 205. Issuance and Exhibition of License. Upon making application

therefor and paying the proper fee, as herein specified, a license shall be
issued to every peddler. Such license shall contain the information required to
be given upon the application therefor. Every peddler shall at all times when
engaged in peddling in the Township carry such license upon his person, and shall
exhibit such license, upon request, to all police officers, Township officials
and citizens. No peddler shall engage in selling any product not mentioned upon
such license nor shall any person having a foot peddler’s license operate
directly from a vehicle. (Ordinance 84, September 5, 1980, Section 5)
Section 206. Permitted Hours of Peddling. No person licensed as a peddler

under this Ordinance shall engage in peddling at any time on a Sunday, or upon
any other day of the week before nine o’clock (9:00) A.M., prevailing time, or
after five o’clock (5:00)P.M., prevailing time. (Ordinance 84, September 5, 1980,
Section 6)
Section 207. Loudspeakers Not Permitted. No person licensed as a peddler

under this Ordinance shall hawk or cry his wares upon any of the streets or
sidewalks of the Township, nor shall he use any loud speaker, horn or any other
device for announcing his presence by which the public is annoyed. (Ordinance 84,
Section 208. Use of Streets and Curbs. No person licensed as a peddler

under this Ordinance shall park any vehicle upon any of the streets or alleys of
the Township in order to sort, re-arrange or clean any of his goods, wares or
merchandise; nor may any such person place or deposit any refuse upon any of such
streets or alleys; nor may such person maintain or keep a street or curbstone
market by parking any vehicle upon any street or alley in the Township for longer
than necessary in order to sell or distribute therefrom to persons residing in
the immediate vicinity. (Ordinance 84, September 5, 1980, Section 8)
Section 209. Fixed Locations Not Permitted. No person licensed under this
Ordinance shall occupy any fixed location upon any of the streets, alleys or
sidewalks of the Township for the purpose of peddling, with or without any stand
or counter. (Ordinance 84, September 5, 1980, Section 9)
Section 210. License Records; Supervision. The Chief of Police or his

agent shall keep a record of all licenses issued under this Ordinance. The Chief
of Police shall supervise the activities of all holders of such licenses.
Section 211. License Suspension. The Chief of Police of the Township of

Amity is hereby authorized to refuse to issue or suspend any license issued under
this Ordinance for the following:
(a) when he deems such suspension to be beneficial to the public

health, safety or morals
(b) for violation of any of the provisions of this Ordinance
(c) for giving false information upon any application for a

license hereunder
(d) for the individual’s violation of their probation or parole in

carrying out the activities under the license

XVII-7
Section 212. Penalties. Any person who shall violate any of the
provisions of this Ordinance shall, upon conviction thereof, be sentenced to pay
a fine of not more than Six Hundred Dollars ($600.00) and costs of prosecution,
and, in default of payment thereof, to imprisonment for not more than sixty (60)
days. (Ordinance 84, September 5, 1980, Section 12)
Section 213. Severability. The provisions of this Ordinance shall be

severable, and if any provision thereof shall be held to be unconstitutional,
invalid or illegal by any court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this Ordinance. It
is hereby declared as a legislative intent that this Ordinance would have been
enacted had such unconstitutional, invalid or illegal provision not been included
therein. (Ordinance 84, September 5, 1980, Section 13)
Section 214. Enforcement. The Township Solicitor be and he is hereby

authorized to take whatever steps are necessary to carry out the provisions of
this Ordinance. (Ordinance 84, September 5, 1980, Section 14)
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CHAPTER XVIII
MOBILE HOMES AND MOBILE HOME PARKS

Section 102. Permits
Section 103. Locations, Space and General Layout
Section 104. Roads and Parking Areas
Section 105. Sewage Disposal
Section 106. Water Supply
Section 107. Service Building
Section 108. Refuse Disposal
Section 109. Electricity; Exterior Lighting
Section 110. Fuel
Section 111. Fire Protection
Section 112. Alterations and Additions: Restrictions of Animals and Pets
Section 113. Supervision
Section 115. Conflict of Ordinance; Invalidity
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CHAPTER XVIII
Section 101. Definitions. For the purpose of this Ordinance, the

following words and phrases shall have the meaning ascribed to them in this
section:
(a) Dependent Mobile Home. A mobile home which is not equipped

with a toilet and/or bathtub, shower, or laundry, nor any facility which
produces sewage waste or, if equipped with facilities which produce sewage
waste cannot be connected to a permanent sewage disposal system.
(b) Independent Mobile Home. A mobile home equipped with

facilities which produces sewage waste and which contains provisions
for connection to a permanent sewage disposal system.
(c) Mobile Home. A vehicle so constructed as to permit its being

used, as a conveyance upon the public streets or highways and duly
titled as such, and constructed in such a manner as will permit occupancy
thereof as a dwelling or sleeping place for one (1) or more persons.
(d) Mobile Home Park. Any plot of ground upon which two (2) or
more mobile homes, occupied for dwelling or sleeping purposes, are
located. Three (3) or less mobile home units on a plot of ground, wherein
the occupants of each trailer are blood relations to the property owner or
lessee of the property are exempt from these regulations.
(e) Mobile home Space. A plot of ground within a mobile home

park, designated for the accommodation of one (1) mobile home.
(f) Permit. A written permit issued by Amity Township permitting

the mobile home park to operate under this Ordinance and regulations
promulgated thereunder.
(g) Person. Any individual, firm, partnership, corporation,

company or association.
(h) Service Building. An accessory facility to the prime use

(mobile home) for servicing park, i.e., toilets, washrooms, showers.
(Ordinance 24, January 13, 1966, Section 1)
Section 102. Permits.
(a) It shall be unlawful for any person to construct, maintain or

operate any mobile home park within the limits of Amity Township
unless he holds a valid permit issued annually by Amity Township in the
name of such person for the specific mobile home park. All applications
for permits shall be made to Amity Township who shall issue a permit upon
compliance by the applicant with provisions of this Ordinance and of any
regulations adopted pursuant thereto, and of any other applicable legal
requirements. No permit shall be transferable. Every person holding such
a permit shall give notice in writing to Amity Township within twenty-four
(24) hours after having sold, transferred, given away or otherwise
disposed of interest in or control of any mobile home park. Such notice
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NLP AMITY CODE 13404-10 C18 12/28/00 #96343
shall include the name and address of the person succeeding to the
ownership or control of such mobile home park.
(b) (1) Application for original permits shall be in writing,

signed by the applicant, and accompanied by an affidavit of the
applicant as to the truth of the applicant, and shall contain the
following:
(i) Name and address of applicant;
(ii) Name and address of mobile home park;
(iii) The interest of the applicant in and the location

and legal description of the mobile home
park;
(iv)
A complete plan of the mobile home park, showing
compliance with all applicable provisions of
this Ordinance and regulations promulgated thereunder;
(v)
Such further information as may be required to
determine that the proposed mobile home park
complies with legal requirements of any other reviewing agency
or commission;
(2) Applications for renewal of permits shall be made in

writing on or before ______________ by the holder of the
permit and shall contain the following:
(i)
Any change in the information submitted since the
time the original permit was issued or the
latest renewal granted;
(ii) Such other information as the Township may require.
(c) A compete plan, for the purpose of obtaining a permit to be

issued by Amity Township, shall show:
(1) The area and dimensions of the tract of land;
(2) The number, location and size of all mobile home spaces;
(3) The location and width of roadways and walkways;
(4) The location of service buildings and any other proposed

structures;
(5) The location of water and sewer lines;
(6) Plans and specifications of all buildings and other

improvements constructed or to be constructed within the mobile home
park;
(7) Street lighting facilities, and electrical power line

installations;
(8) Plans for providing surface drainage;
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NLP AMITY CODE 13404-10 C18 12/28/00 #96343
(9) Details of the construction of the sewage disposal

system, including soil percolation tests, if a soil absorption type
system is to be used;
(10) Details of the construction of the sewerage system if

connection to a municipal system is planned (must comply with
plumbing codes in effect);
(11) Water supply, including expected capacity and size of

well, pump rating, water storage facilities, methods of sealing
well, distribution system including size materials and valve
locations;
(d) Plans for mobile home parks of three (3) or more lots shall
conform to standards of Berks County Land Subdivision Regulations and
shall be reviewed by the Berks County Planning Commission and endorsed by
their stamp of review and/or approval.
Section 103. Location, Space and General Layout.
(a) Sites shall be in harmony with existing development within the

provisions of zoning regulations (if applicable) so as to produce the
greatest degree of compatibility of activities, general appearances and
pattern of land development.
(b) Spaces shall be governed by zoning densities (if applicable).

Where not zoned, minimum should be three thousand (3,000) to four
thousand (4,000) square feet area per unit. There shall be not less than
fifteen feet (15') between mobile homes, buildings or structures and not
less than ten feet (10') between a mobile home and a public street, road
or highway. No mobile home shall be less than ten feet (10') from the
exterior boundary of the mobile home park.
Section 104. Roads and Parking Areas.
(a) Roads in the park may be as narrow as fifteen feet (15') when
a one-way traffic plan is used, and no on-street parking shall be
permitted. Twenty feet (20') wide streets shall be the minimum for a two-
way traffic without on-street parking.
(b) Additional street widths shall be required when on-street

parking is allowed in accordance with the following:
For Parking on One Side
Parallel................................... 6 feet
Diagonal (60 degree).......................16 feet
Perpendicular..............................20 feet
When parking is to be permitted on both sides, the above additional widths

shall be doubled, or two (2) of these values combined. All roads in the
park shall be continuous and shall connect with public streets or
highways. Continuous roadways shall be constructed to mean a one-way
traffic pattern for entering and leaving the park. On a two-way street,
an adequate turn around must be provided by a cul-de-sac of a diameter
that is twice the road width or minimum diameter of forty feet (40').
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NLP AMITY CODE 13404-10 C18 12/28/00 #96343
(c) A minimum parking area of two hundred (200) square feet shall
be provided to accommodate at least the number of vehicles equal to the
number of mobile home spaces provided.
(d) Access to/from a mobile home space shall be from a park road
unless the operator can provide written approval for access to/from
individual spaces from the responsible highway agency.
(e) Roadway construction and curbing shall meet standards as

required by Berks County Planning Commission Subdivision Regulations
and/or Township regulations. Roadways shall be paved or treated to make
them dust free.
Section 105. Sewage Disposal.
(a) All proposed mobile home parks shall connect to a public or

community sanitary sewerage system when accessible. A mobile home park
which cannot be connected with a public or community sanitary sewerage
system at the time of construction shall be provided with an on-site
sewage disposal system. This on-site system shall have received approval
by the State Health Department.
(b) Each independent mobile home space shall be provided with at

least a three inch (3") sewer connection. The sewer connection shall be
provided with suitable fittings so that a watertight connection can be
made between the mobile home drain and the sewer connection. Such
individual mobile home connections shall be constructed that they can be
closed when not linked to a mobile home and shall be capped so as to
prevent any escape of odors.
(c) All sewerage systems shall conform to State laws and local
ordinances. All sewer connections shall be constructed so as not to
become a public health hazard, and each mobile home shall be individually
connected to a sewer line.
(d) All plumbing in the mobile home park shall comply with State
and local plumbing laws and regulations.
Section 106. Water Supply.
(a) All mobile home parks shall have a safe, potable, adequate and
approved supply of water.
(b) Where a public water supply is available, connection shall be

made thereto. When no public supply is available, an individual supply
shall be developed and constructed in accordance with plans approved by
the State Health Department.
(c) All water piping shall be constructed and maintained in

accordance with State and local laws; the water piping systems shall not
be connected with non-potable or questionable water supplies and shall be
protected against the hazards of backflow or back-siphonage.
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Section 107. Service Building.
(a) Mobile home parks wherein only independent units are

accommodated shall have a minimum of a single service building and have
separate toilet and lavatory facilities for each sex. Shower (bathing)
and laundry facilities are at the option of the park owner or operator.
(b) Mobile home parks wherein dependent units are accommodated

shall meet the following standards:
(1) All dependent mobile homes shall be located within the

same area of the park and shall not be more than two hundred feet
(200') from a service building.
(2) For not more than ten (10) dependent mobile homes: one
laundry tray; two (2) water closets, one (1) lavatory and one (1)
shower or bathtub for females; one (1) water closet, one (1) urinal,
one (1) lavatory and one (1) shower or bathtub for males; and one
(1) slop-water closet, consisting of at least one (1) flush-type
toilet bowl receptacle for emptying containers of human excreta,
with an adequate supply of hot and cold water for cleaning such
containers, which shall be a separate room of a service building
with a single direct opening to the outside.
(3) For more than ten (10) dependent mobile homes: the
following additional fixtures shall be provided: one (1) lavatory
and one (1) shower or bathtub for each sex for every additional ten
(10) dependent mobile homes or fraction thereof; one (1) water
closet for males for every additional fifteen (15) dependent mobile
homes or fraction thereof; provided that urinals may be substituted
for not more than one-third (1/3rd) of the additional water closets.
(c) A service building need not necessarily be a separate or

isolated building, but may be part of a permanent structure other than a
mobile home in the park and must be accessible to the residents of the
mobile home park at all times without having to obtain a key or
permission.
(d) A service building shall:
(1) Be of permanent construction, moisture-resistant

material, and be adequately lighted;
(2) Have adequate heating and ventilating equipment. Heat

of at least seventy degrees (70°) shall be maintained during cold
weather. All openings to outside air shall be effectively screened.
Hot water shall be provided for lavatory and bathing and laundry
facilities.
(e) All plumbing in the service building and park shall comply
with State and local plumbing laws or ordinances.
Section 108. Refuse Disposal.
(a) The mobile home park operator shall be responsible for the
proper storage, collection and disposal of refuse. The storage,
collection and disposal of refuse in the mobile home park shall be so
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managed as to create no health hazards, rodent harborage, insect-breeding

areas, accident or fire hazards or air pollution.
(b) All refuse shall be stored in fly-tight, water-tight, rodent-

proof containers. Containers shall be provided in sufficient number and
capacity to properly store all refuse.
(c) All refuse shall be collected at least twice weekly, or in

accordance with local practice. Where suitable collection service is not
available from municipal or private agencies, the mobile home park
operator shall provide this service. All refuse shall be collected and
transported in covered vehicles or covered containers. All refuse shall
be disposed at a State Health Department approved site.
(d) Burning of garbage and trash within the mobile home park is
prohibited.
Section 109. Electricity; Exterior Lighting.
(a) An electrical outlet supplying at least one hundred fifteen

(115) volts shall be provided for each mobile home space. The
installation shall comply with all applicable State and local electrical
codes and ordinances. Such electrical outlets shall be grounded and
weatherproofed. No main power supply line shall be permitted to lay on
the ground, or to be suspended less than eighteen feet (18') above the
ground.
(b) Public streets, driveways and walkways shall be lighted at

night with a minimum illumination of at least 0.6 foot candles.
Section 110. Fuel.
(a) All piping from outside fuel storage tanks or cylinders to

mobile homes shall be copper or other acceptable metallic tubing and shall
be permanently installed and securely fastened in place. All fuel storage
tanks or cylinders shall be securely fastened in place and shall not be
located inside or beneath the mobile home or less than five feet (5') from
any mobile home exit.
(b) No fuel combustion unit shall be used in any mobile home

without being vented to the outside of the mobile home.
Section 111. Fire Protection.
(a) The mobile home park area shall be subject to the rules and
regulations of the Amity Township fire prevention authority.
(b) Portable fire extinguishers of a type approved by the Amity

Township fire prevention authority shall be kept in service buildings and
at all other locations designated by such fire prevention authority and
shall be maintained in good operating condition.
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(c) Where a public water system with a water main of six inches
(6") is available to the mobile home park, standard fire hydrants shall be
located withing four hundred feet (400') of each mobile home or building.
(d) Where the water supply system does not provide at least a six
inch (6") water main, there shall be provided a two inch (2") frost
protected water riser within three hundred feet (300') of each mobile home
or building.
Section 112. Alterations and Additions; Restrictions of Animals and Pets.
(a) All plumbing and electrical alterations or repairs in the

mobile home park shall be made in accordance with applicable local
regulations.
(b) No permanent additions shall be built onto or become a part of

any mobile home unless they are in accordance with requirements of local
building codes.
(c) No owner or person in charge of a dog, cat or other pet animal

shall permit it to run at large, or to commit any nuisance within the
limits of any mobile home park.
Section 113. Supervision. The person to whom a permit for a mobile home
park is issued shall at all times operate the park in compliance with this
Ordinance and regulations issued thereunder, and shall provide adequate
supervision to maintain the park, its facilities and equipment in good repair and
in a clean and sanitary condition at all times. (Ordinance 24, January 13, 1966,
Section 13)
Ordinance, or any provision of any regulation adopted by Amity Township pursuant
to authority granted by this Ordinance, shall, upon conviction, be punished by a
fine of not less than Ten Dollars ($10.00) nor more than Six Hundred Dollars
($600.00), or by imprisonment for not less than three (3) days nor more than
thirty (30) days; and each day’s failure of compliance with any such provision
shall constitute a separate violation. (Ordinance 24, January 13, 1966,
Section 14)
Section 115. Conflict of Ordinance; Invalidity. In any case where a

provision of this Ordinance is found to be in conflict with a provision of any
zoning, building, fire, safety or health ordinance or code of Amity Township
existing on the effective date of this Ordinance, the provision which, in the
judgment of Amity Township, establishes the higher standard for the promotion and
protection of the health and safety of the people shall prevail. In any case
where a provision of this Ordinance is found to be in conflict with a provision
of any other ordinance or code of Amity Township existing on the effective date
of this Ordinance which establishes a lower standard for the promotion and
protection of the health and safety of the people, the provisions of this
Ordinance shall be deemed to prevail, and such other ordinances or codes are
hereby declared to be repealed to the extent that they may be found in conflict
with this Ordinance. (Ordinance 24, January 13, 1966, Section 15.1)
Section 116. Severability. If any section, subsection, paragraph,

sentence, clause or phrase of this Ordinance should be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions of this
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Ordinance, which shall remain in full force and effect; and to this end the
provisions of this Ordinance are hereby declared to be severable. (Ordinance 24,
January 13, 1966, Section 15.2)
XVIII-10
CHAPTER XIX
MOTOR VEHICLES AND TRAFFIC
Part 1
General Regulations
Section 101. Definitions and Interpretation

Section 103. Continuation of Prior Regulations and Ordinances
Section 104. Manner of Adopting Permanent Traffic and Parking Regulations
Section 105. Temporary and Emergency Regulations
Section 106. Emergency Closing of Certain Highways
Section 107. Authority of Police Officers
Part 2
Traffic Regulations
Section 201. Operation of Motor Vehicles Transporting Materials to Prevent

Scattering
Section 202. Motor Vehicles Not to be Driven on Sidewalks
Section 203. Maximum Speed Limits Established
Section 204. Play Highways Authorized
Section 205. One-Way Streets Established
Section 206. Stop Intersections Established
Section 207. Certain Streets and Portions Thereof for Use by Passenger Motor
Vehicles Only
Part 3
Restrictions on Size, Weight Limits
Section 301. Vehicle Weight Limits Established

Part 4
Parking Regulations
Section 401. Parking Prohibited at All Times in Certain Locations

Section 402. "No Parking" Areas
Section 403. Removal of Vehicle from Public Streets Upon Accumulation of
Snow, Ice or Sleet
Section 404. Parking, Standing and Storage of Certain Vehicles and Equipment
Section 405. Penalty for Violation
XIX-1
Part 5
Fire Lanes
Section 501. Definitions and Interpretation

Section 502. Continuation of Prior Regulations and Ordinances
Section 503. Authority to Establish and Mark Fire Lanes
Section 504. Marking and Posting of Fire Lanes
Section 505. Compliance
Part 6
Abandonment, Impounding and Sale of Motor Vehicles
Section 601. Abandonment of Motor Vehicles

Section 602. Impounding of Abandoned Motor Vehicles
Section 603. Sale of Unclaimed Abandoned or Impounded Motor Vehicles
Part 7
Block Parties, Parades and Special Events

Section 703. Permit Required
Section 704. Fees; Determination of Approval or Disapproval of Application
for Permit
Section 705. Validity of Permit
Section 706. Cleanup After Event
Section 707. Barricades and Obstacles
Section 708. Liability and Liability Insurance
XIX-2
Part 1
General Regulations
Section 101. Definitions and Interpretation. Words and phrases, when used
in this Chapter, shall have the meanings ascribed to them in the Vehicle Code, 75
P.S. §101, et seq. (1977), as hereafter amended, supplemented, modified or re-
enacted by the General Assembly of Pennsylvania, unless the context clearly
indicates a different meaning. The singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine.
(Ordinance 55, July 19, 1974, Section 1; as amended by Ordinance 93, May 7, 1984,
Section 1)
Section 102. Definition of Person. The word “person” used in this Chapter
shall in all cases include any individual, partnership, association or
corporation, singular or plural, including the responsible officers of any such
association or corporation.
Section 103. Continuation of Prior Regulations and Ordinances. The

provisions of this Chapter, insofar as they are the same as those ordinances in
force immediately prior to the adoption of this Chapter, are intended as a
continuation of such ordinances and regulations and not as new enactments. The
provisions of this Chapter shall not affect any act done or liability incurred,
nor shall they affect any suit or prosecution pending or be instituted to enforce
any right or penalty or to punish any offense under any such ordinances or
regulations as aforesaid.
(Ordinance 55, July 19, 1974, Section 15; as amended by Ordinance 93, May 7,
1984, Section 2)
Section 104. Manner of Adopting Permanent Traffic and Parking Regulations.

The Board of Supervisors of Amity Township shall have the right from time to
time to adopt traffic and parking regulations not contrary to the provisions of
this Chapter written by resolution which shall be filed for public inspection at
the office of the Township Secretary, and shall be enforced as part of this
Chapter. Such written resolutions may establish stop streets and through
streets, speed limits on particular highways, delineate restricted parking areas
and supplement other provisions of this Chapter.
Section 105. Temporary and Emergency Regulations. The Board of

Supervisors shall have the following powers to regulate traffic and parking
temporarily and in time of emergency:
(a) in the case of fire, flood, storm or other emergency, to

establish temporary traffic and/or parking regulations; and
(b) in the case of emergency or to facilitate public works, or in

the conduct of parades or other public events, to restrict or prohibit
traffic and/or parking in limited areas for periods of not more than
seventy-two (72) hours.
Such temporary and emergency regulations shall be enforced by the Board of

Supervisors and the Police Department of the Township in the same manner as
permanent regulations. Any person who shall operate or park a vehicle in
violation of any such regulations shall be liable to the penalties set forth in
the law or elsewhere in this Chapter for such violation, and, in case of any
violation for which no specific penalty is set forth in the law or elsewhere in
XIX-3
this Chapter, to a fine or penalty of not more than Six Hundred Dollars ($600.00)
and costs of prosecution, and, in default of payment of such fine and costs, to
imprisonment in the County Jail for not more than thirty (30) days.
Section 106. Emergency Closing of Certain Highways. The Board of

Supervisors shall have the right by Resolution to temporarily close any Township
road when in its opinion excessive or unusual conditions have rendered such road
unfit or unsafe for travel. Such road or portion of road shall be properly
marked in accordance with law, and any person using such road or portion thereof
after the same has been properly closed and marked without a permit from the
Chief of Police shall, upon conviction thereof by a District Justice, be
sentenced to pay a fine of not more than Six Hundred Dollars ($600.00) and in
default of the payment of such fine and costs, be sentenced to imprisonment in
the County Jail for not more than thirty (30) days. Provided, nothing in this
section shall, in the case of extreme emergency, limit the right of the police
officer in charge to close an unfit or unsafe road under the conditions listed
above until a determination into the safety of the roadway may be made by the
Section 107. Authority of Police Officers. The police officers of the

Township of Amity are hereby given authority to direct traffic on the highways of
the Township of Amity and at intersections thereof and to enforce the terms and
Section 3)

this Chapter is for any reason found to be unconstitutional, illegal or invalid,
Chapter. It is hereby declared as the intent of the Board of Supervisors of
Amity Township that this Chapter would have been adopted had such
not been included herein. (Ordinance 55, July 19, 1974, Section 14; as amended
by Ordinance 93, May 7, 1984, Section 8)
XIX-4
Part 2
Traffic Regulations
Section 201. Operation of Motor Vehicles Transporting Materials to Prevent

Scattering. No person shall transport any ashes, dust, leaves, offal, manure
(both natural and synthetic), wastepaper, trash, rubbish or other materials
likely to be scattered by the wind in any open vehicle without wetting or
covering the same so as to prevent the scattering thereof.
Section 202. Motor Vehicles Not to be Driven on Sidewalks. No person

shall operate any motor vehicle longitudinally upon any sidewalk in the Township,
nor shall any person operate any motor vehicle upon or across any sidewalk except
in order to gain egress from a driveway at such locations where the curb, if such
sidewalk is curbed, shall have been properly cut down for the purpose. Any
person who shall violate any of the provisions of this section shall, upon
conviction thereof before a District Justice, be sentenced to pay a fine of not
more than Fifty Dollars ($50.00) and costs of prosecution, and in default of
payment of such fine and costs, to imprisonment in the County Jail for not more
than ten (10) days. The word “sidewalk”, as used in this section, shall mean any
portion of any street or abutting upon a street which is used or reserved as a
sidewalk, whether paved or not.
Section 203. Maximum Speed Limits Established
(a) The following speed limits are hereby established pursuant to

the appropriate engineering and traffic count studies as required by the
Pennsylvania Motor Vehicle Code (Title 67. Transportation, Chapter 201.
Engineering and Traffic Studies, Subchapter C):
Maximum Speed Limit

Street Between (in Miles Per Hour)
(1) Agata Drive Entire Road 25
(2) Amity Avenue Entire Road 25
(3) Amity Park Road Entire Road 35
(4) Antietam Drive Entire Road 25
(5) Anvil Drive Entire Road 25
(6) Applewood Drive Entire Road 25
(7) Arrowhead Drive Entire Road 25
(8) Ashford Drive Entire Road 25
(9) Aviemore Lane Entire Road 25
(10) Battenkill Drive Entire Road 25
(11) Berkshire Drive Entire Road 25
(12) Bieber Road Entire Road 35
(13) Blacksmith Road Entire Road 35
XIX-5
(14) Boone Drive Entire Road 25
(15) Bramblewood Drive Morlatton Road and 25

Maplewood Drive
(16) Bramblewood Lane Entire Road 25
(17) Bristol Court Entire Road 25
(18) Britton Road Entire Road 25
(19) Browns Mill Road Entire Road 35
(20) Buckhead Lane Entire Road 25
(21) Cameron Drive Entire Road 25
(22) Cedar Run Drive Entire Road 25
(23) Charcoal Drive Entire Road 25
(24) Chefield Court Entire Road 25
(25) Clarion Drive Entire Road 25
(26) Colergo Drive Entire Road 25
(27) Eagletail Court Entire Road 25
(28) Emilio Drive Entire Road 25
(29) Fairmeadow Drive Entire Road 25
(30) Fancy Hill Road Entire Road 30
(31) Farm View Court Entire Road 25
(32) Farmingdale Drive Entire Road 25
(33) Fenwick Lane Entire Road 25
(34) First Street Entire Road 15
(35) Fourth Street Entire Road 15
(36) Geiger Road Entire Road 40
(37) Glenwood Drive Russell Avenue and 25

Applewood Drive
(38) Grays Run Lane Entire Road 25
(39) Green Meadow Drive Entire Road 25
(40) Guldin Road Intersection with Route 25

562 and intersection
with Limekiln Road
(41) Harmony Lane Entire Road 25
(42) Highland Court Entire Road 25
XIX-6
(43) Highmeadow Drive Entire Road 25
(44) Hill Drive Entire Road 25
(45) Hill Road Entire road 40
(46) Hillview Road Entire Road 25
(47) Indian Run Drive Entire Road 25
(48) Kettle Lane Entire Road 25
(49) Kingston Drive Entire Road 25
(50) Leaf Creek Court Entire Road 25
(51) Lehmann Drive Entire Road 25
(52) Letort Lane Entire Road 25
(53) Levengood Road Blacksmith Road and 30

Worman Road
(54) Levengood Road Worman Road and 40

Fancy Hill Road
(55) Longfield Court Entire Road 25
(56) Loyalsock Drive Entire Road 25
(57) Maple Lane Entire Road 25
(58) Maplewood Drive Morlatton Road and 25

Bramblewood Drive
(59) Martin Lane Entire Road 25
(60) Meadowcrest Court Entire Road 25
(61) Meadowcrest Lane Entire Road 25
(62) Meadowside Drive Entire Road 25
(63) Miller Drive Entire Road 25
(64) Monocacy Hill Road Entire Road 35
(65) Morlatton Road Entire Road 35
(66) N. Monocacy Creek Road Entire Road 25
(67) Orchard View Drive Entire Road 25
(68) Overlook Pointe Entire Road 25
(69) Oxford Circle Entire Road 25
(70) Park Lane Entire Road 25
(71) Peach Blossom Drive Entire Road 25
(72) Penns Lane Entire Road 25
XIX-7
(73) Pennsylvania Avenue Entire Road 25
(74) Pepper Lane Entire Road 25
(75) Pheasant Run Court Entire Road 25
(76) Pine Lane Entire Road 40
(77) Pine Lane Court Entire Road 25
(78) Pleasant Meadows Drive Entire Road 25
(79) Pleasant View Drive Entire Road 25
(80) Queen Ann Circle Entire Road 25
(81) Rising Sun Drive Entire Road 25
(82) Rosecliff Drive Entire Road 25
(83) Rosewyn Lane Entire Road 25
(84) Schoolhouse Court Entire Road 25
(85) Seneca Court Entire Road 25
(86) Serenity Court Entire Road 25
(87) Serenity Drive Entire Road 25
(88) Shadybrooke Drive North Entire Road 25
(89) Shadybrooke Drive South Entire Road 25
(90) Sharon Drive Entire Road 25
(91) Shore Avenue Entire Road 25
(92) Slate Run Road Entire Road 25
(93) Spotts Mill Road Entire Road 25
(94) Spring View Drive Entire Road 25
(95) Stephens Way Entire Road 25
(96) Summer Meadow Drive Entire Road 25
(97) Swatara Circle Entire Road 25
(98) Third Street Entire Road 15
(99) Thornbury Circle Entire Road 25
(100) Timberline Drive Entire Road 25
(101) Township Line Road Entire Road 25
(102) Valley Road Entire Road 25
(103) Verdure Lane Entire Road 25
(104) Victoria Drive Entire Road 25
XIX-8
(105) Walnut Lane Entire Road 20
(106) Weavertown Lane Intersection with Route 25

662 and intersection
with Weavertown Road
(107) West Morlatton Road Entire Road 25
(108) West Welsh Drive Entire Road 25
(109) Winding Creek Drive Entire Road 25
(110) Woodbridge Lane Entire Road 25
(111) Woodbrook Drive Entire Road 25
(112) Wood Edge Drive Entire Road 25
(113) Worman Road Entire Road 25
(114) Wyndmead Lane Entire Road 25
(115) Yellow House Drive Entire Road 25
(116) Yorkshire Drive Entire Road 25
(117) All roads within the Entire Road 25

Amity Gardens Zone
(located within the
area bounded on the
West by Old Airport
Road, on the South by
U.S. Route 422, on the
East by Pennsylvania
Route 662, and on the
North by Morlatton
Road, however, not
including Morlatton
Road)
(b) Signs regulating the maximum speed limits on the roadways

within the Township as set forth in Subsection (a) of this Section shall
be erected and maintained by the Township, the type of signs and location
to be in accordance with the provisions of the Vehicle Code of the
Commonwealth of Pennsylvania, as amended.
Sections 4-6; as further amended by Ordinance 169, December 13, 1999, Sections 1-
2; as further amended by Ordinance 199, March 2, 2004, Section 1; as further
amended by Ordinance 206, November 16, 2004, Section 1; as further amended by
Ordinance 232, February 20, 2007, Section 1; as further amended by Ordinance 256,
March 4, 2009, Section 1; as further amended by Ordinance 273, July 6, 2011,
Sections 1-4; as further amended by Ordinance 290, October 21, 2015, Section 1)
Section 204. Play Highways Authorized. The Board of Supervisors is hereby

authorized to designate as “play highways”, whenever they shall deem such action
to be advisable, and for whatever period of time directed by them, any portion of
any street or alley in the Township whereon sledding, coasting or other play
activities shall be permitted. Such highways shall be set and marked off for
that purpose under the direction of the Police Chief. No person shall operate
any motor vehicle upon any play highway at any time when such highway shall be so
designated, except in cases of emergency, with special permission of the Police
XIX-9
Officer in charge, who shall first clear such highway of all persons using such
highway for the purpose for which it was set apart. Any person who shall violate
any of the provisions of this section shall, upon conviction thereof before a
District Justice, be sentenced to pay a fine of not more than Six Hundred Dollars
($600.00) and costs of prosecution, and, in default of payment of such fine and
costs, to imprisonment in the County Jail for not more than five (5) days.
Section 205. One-Way Streets Established. By Resolution of the Board of

Supervisors as hereinbefore provided, streets or designated lengths thereof in
the Township of Amity may be designated to accommodate traffic in one direction
only. Any person who shall operate a vehicle upon a street or portion thereof
hereby established as a one-way street other than in the direction established
hereby for vehicular traffic thereon shall, upon conviction thereof before a
District Justice, be sentenced to pay a fine of not more than Ten Dollars
($10.00) and costs of prosecution, and in default of payment of such fine and
costs to imprisonment in the County Jail for not more than five (5) days.
Section 206. Stop Intersections Established.
(a) The following intersections are established as stop

intersections, and official stop signs shall be erected, or are ratified
if previously erected, in such a position as to face traffic approaching
the second-named street (the through street) on the first-named street
(the stop street) in the direction or directions indicated for that
intersection. Every driver of a vehicle approaching the intersection on
the first-named or stop street, in the direction indicated in each case,
shall stop the vehicle as required by the Pennsylvania Vehicle Code, 75
Pa. C.S. Section 3323(b), and shall not proceed into or across the second-
named or intersecting or through street until he has followed all
applicable requirements of that section of the Code.
Intersection or
Stop Street Through Street Direction of Travel
(1) Agata Drive Guldin Road Northwest
(2) Amity Avenue Route 562 North
(3) Amity Avenue Route 562 North
(4) Amity Park Road Limekiln Road West
(5) Amity Park Road Weavertown Road North
(6) Antietam Road Antietam Road North
(7) Antietam Road Hill Road West
(8) Anvil Drive Buckhead Lane North
(9) Anvil Drive Buckhead Lane West
(10) Applewood Drive Morlatton Road North
(11) Applewood Drive Fairmeadow Drive South
(12) Arrowhead Drive Agata Drive North
XIX-10
(13) Arrowhead Drive Miller Drive North
(14) Arrowhead Drive Miller Drive South
(15) Ash Court Russell Avenue Southwest
(16) Ashford Drive West Morlatton Road Southwest
(17) Ashford Drive Woodbridge Lane West
(18) Aspen Court Glenwood Drive West
(19) Aviemore Lane Pine Forge Road North
(20) Aviemore Lane Route 662 West
(21) Balsam Drive Linden Place Northeast
(22) Balsam Drive Linden Place Southwest
(23) Balsam Drive Maplewood Drive East
(24) Battenkill Drive Penns Lane East
(25) Battenkill Drive Penns Lane West
(26) Berkshire Drive West Morlatton Road North
(27) Berkshire Drive West Morlatton Road West
(28) Bieber Lane Morlatton Road South
(29) Bieber Lane Route 662 North
(30) Birchwood Court Glenwood Drive West
(31) Blacksmith Road Route 562 North
(32) Blacksmith Road Route 662 South
(33) Blacksmith Road Charcoal Drive North
(34) Buckhead Lane Blacksmith Road East
(35) Buckhead Lane Charcoal Drive East
(36) Buckhead Lane Charcoal Drive West
(37) Boone Drive Rosecliff Drive South
(38) Bramblewood Drive Morlatton Road North
(39) Bramblewood Drive Morlatton Road South
(40) Bramblewood Drive Ridge Drive West
(41) Bramblewood Lane Bramblewood Drive West
(42) Briarwood Drive Dogwood Drive North
(43) Briarwood Drive Maplewood Drive East
(44) Briarwood Drive Nicholson Avenue North
XIX-11
(45) Briarwod Drive Nicholson Avenue South
(46) Bristol Court Cameron Drive West
(47) Brown’s Mill Road Limekiln Road Northeast
(48) Cameron Drive Kingston Drive West
(49) Cameron Drive West Morlatton Road North
(50) Cedar Run Drive Battenkill Drive Northwest
(51) Cedar Run Drive Battenkill Drive Southeast
(52) Cedar Run Drive Penns Lane East
(53) Cedar Run Drive West Welsh Drive West
(54) Charcoal Drive Blacksmith Road South
(55) Charcoal Drive Buckhead Lane North
(56) Chefield Court North Monocacy Creek Southwest

Road
(57) Church Lane Route 422 East Southwest
(58) Clarion Drive Ashford Drive South
(59) Clarion Drive Hill Road North
(60) Colergo Drive Arrowhead Drive West
(61) Country Lane Route 662 North
(62) Crestwood Court Russell Avenue North
(63) Dogwood Drive Maplewood Drive East
(64) Eagletail Court Winding Creek Drive South
(65) Elliot Drive Griffith Drive North West
(66) Elliot Court Laurelwood Drive South
(67) Elmwood Lane Mulberry Place Southeast
(68) Elmwood Lane Russell Avenue Southeast
(69) Emilio Drive Colergo Drive South
(70) Emilio Drive Miller Drive North
(71) Fairmeadow Drive Glenwood Drive West
(72) Fancy Hill Road South Sunrise Lane Southeast
(73) Fancy Hill Road Sunrise Lane Southeast
(74) Farm View Court Pleasant View Drive East
(75) Farmingdale Drive Boyertown Pike, Route 568 North
XIX-12
(76) Farmingdale Drive Worman Road East
(77) Felwick Lane Meadowcrest Lane South
(78) Felwick Lane Pine Forge Road North
(79) Fernwood Drive Briarwood Drive East
(80) Fernwood Drive Nicholson Avenue West
(81) Firethorn Drive Bramblewood Drive North
(82) Firethorn Drive Ridge Drive West
(83) Galahad Lane Monocacy Creek Road Northeast
(84) Geiger Road Hill Road East
(85) Geiger Road Weavertown Road North
(86) Gilde Road Route 562 South
(87) Glenwood Drive Applewood Drive East
(88) Glenwood Drive Magnolia Drive North
(89) Glenwood Drive Magnolia Drive South
(90) Glenwood Drive Poplar Drive South
(91) Glenwood Drive Russell Avenue North
(92) Glenwood Drive Russell Avenue South
(93) Grays Run Lane Antietam Drive North
(94) Grays Run Lane North Monocacy Creek Road South
(95) Green Meadow Drive Meadowside Drive Southeast
(96) Griffith Drive North Elliot Drive South
(97) Griffith Drive North Laurelwood Drive Southwest
(98) Griffith Drive North Route 422 South
(99) Griffith Drive South Lake Drive South
(100) Guldin Road Limekiln Road West
(101) Guldin Road Route 562 Northeast
(102) Harmony Lane Serenity Drive South
(103) Heather Court Griffith Drive North West
(104) Hickory Lane Elliot Drive South
(105) Hickory Lane Juniper Drive North
(106) Highland Court Farmingdale Drive South
XIX-13
(107) Highmeadow Drive Pine Lane West
(108) Highmeadow Drive Green Meadow Drive Northeast
(109) Hill Drive Old Airport Road East
(110) Hill Road Old Airport Road East
(111) Hill Road Route 422 South
(112) Hillview Road Monocacy Road West
(113) Hillview Road Route 422 North
(114) Holly Drive Laurelwood Drive East
(115) Holly Drive Old Airport Road West
(116) Horseshoe Drive Blacksmith Road Northwest
(117) Indian Run Drive Lehmann Drive North
(118) Indian Run Drive Weavertown Road South
(119) Ivy Lane Russell Avenue North
(120) Ivy Lane Russell Avenue South
(121) Juniper Drive Griffth Drive North East
(122) Kettle Lane Antietam Drive North
(123) Kettle Lane North Monocacy Creek Road South
(124) Kingston Drive Cameron Drive East
(125) Lake Drive Briarwood Drive East
(126) Lake Drive Griffith Drive South West
(127) Lake Drive Park Lane East
(128) Lake Drive Rosewood Drive East
(129) Lake Drive Rosewood Drive West
(130) Laurelwood Drive Magnolia Drive North
(131) Laurelwood Drive Magnolia Drive South
(132) Laurelwood Drive Poplar Drive North
(133) Laurelwood Drive Poplar Drive South
(134) Laurelwood Drive Russell Avenue North
(135) Leaf Creek Court Pine Lane East
(136) Lehman Drive Limekiln Road Northeast
(137) Letort Lane Antietam Drive North
(138) Letort Lane North Monocacy Creek Road South
XIX-14
(139) Levengood Road Blacksmith Road West
(140) Levengood Road Fancy Hill Road East
(141) Levengood Road Worman Road North
(142) Lilac Court Lilac Lane West
(143) Lilac Lane Ivy Court Northeast
(144) Lilac Lane Russell Avenue North
(145) Limekiln Road Route 562 Northwest
(146) Limekiln Road Route 562 Southeast
(147) Limekiln Road Weavertown Road North
(148) Limekiln Road Weavertown Road South
(149) Linden Place Balsam Drive Northwest
(150) Linden Place Balsam Drive Southeast
(151) Linden Place Russell Avenue Southeast
(152) Longfield Drive Farmingdale Drive Northeast
(153) Longfield Drive Spring View Drive West
(154) Loyalsock Drive Hill Road West
(155) Loyalsock Drive North Monocacy Creek Road East
(156) Loyalsock Drive North Monocacy Creek Road West
(157) Loyalsock Drive Old Airport Road East
(158) Machamer Road Route 562 South
(159) Magnolia Drive Glenwood Drive East
(160) Magnolia Drive Glenwood Drive West
(161) Magnolia Drive Laurelwood Drive East
(162) Magnolia Drive Laurelwood Drive West
(163) Magnolia Drive Old Airport Road West
(164) Main Street, North Monocacy Creek Road North
(165) Manatawny Road Route 562 South
(166) Maple Lane Maplewood Drive East
(167) Maplewood Court Maplewood Drive East
(168) Maplewood Drive Bramblewood Drive North
(169) Maplewood Drive Morlatton Road North

(170) Maplewood Drive Morlatton Road South
XIX-15
(171) Maplewood Drive Nicholson Avenue North
(172) Maplewood Drive Nicholson Avenue South
(173) Maplewood Drive Route 422 West South
(174) Maplewood Drive Russell Avenue North
(175) Maplewood Drive Russell Avenue South
(176) Martin Lane Farmingdale Drive South
(177) Martin Lane Pleasant View Drive East
(178) Meadowcrest Lane Aviemore Lane East
(179) Meadowcrest Lane Aviemore Lane Southeast
(180) Meadowcrest Lane Aviemore Lane West
(181) Meadowside Drive Summer Meadow Drive Northeast
(182) Meadowside Drive Green Meadow Drive East
(183) Meeting House Road Route 562 North
(184) Meeting House Road Weavertown Road South
(185) Merritt Avenue Nicholson Avenue North
(186) Merritt Avenue Richards Avenue South
(187) Miller Drive Arrowhead Drive East
(188) Miller Drive Arrowhead Drive West
(189) Miller Drive Indian Run Drive West
(190) Mimosa Circle Bramblewood Drive Northwest
(191) Monocacy Creek Road Main Street, North Southeast
(192) Monocacy Hill Road Geiger Road East
(193) Monocacy Hill Road Limekiln Road West
(194) Monocacy Hill Road Limekiln Road Northeast
(195) Monocacy Hill Road Route 422 West Northwest
(196) Monocacy Hill Road Route 422 West Southwest
(197) Monocacy Road Monocacy Creek Road South
(198) Monocacy Road Route 422 North
(199) Morlatton Road Route 662 East
(200) Morlatton Road Bramblewood Drive East
(201) Morlatton Road Bramblewood Drive West

(202) Mulberry Place Maplewood Drive East
XIX-16
(203) Nicholson Avenue Lake Drive South
(204) Nicholson Avenue Route 662 East
(205) North Monocacy Creek Antietam Drive North

Road
(206) North Monocacy Creek Antietam Drive South

Road
(207) North Monocacy Creek Hill Road West

Road
(208) North Monocacy Creek Loyalsock Drive North

Road
(209) North Monocacy Creek Loyalsock Drive South

Road
(210) Old Airport Road Route 562 North
(211) Old Airport Road Weavertown Road North
(212) Old Airport Road Weavertown Road South
(213) Old Philadelphia Pike River Bridge Road Northwest
(214) Old Philadelphia Pike River Bridge Road Southeast
(215) Old Swede Road Route 422 East North
(216) Old Tulpehocken Road Weavertown Road East
(217) Orchard View Drive Boyertown Pike, Route 568 North
(218) Orchard View Drive Farmingdale Drive South
(219) Overlook Pointe Rosecliff Drive North
(220) Overlook Pointe Rosecliff Drive South
(221) Oxford Circle West Morlatton Road West
(222) Park Lane Lake Drive North
(223) Park Lane Route 422 Westbound South
(224) Peach Blossom Drive Green Meadow Drive Southeast
(225) Peach Blossom Drive Green Meadow Drive BNorthwest
(226) Penns Lane Loyalsock Drive North
(227) Penns Lane West Welsh Drive South
(228) Pennsylvania Avenue Main Street, North East
(229) Pepper Lane Rising Sun Drive East
(230) Pepper Lane Rosecliff Drive North
(231) Pepper Lane Rosecliff Drive South
XIX-17
(232) Pheasant Run Court Rosecliff Drive North
(233) Pine Forge Road Route 662 West
(234) Pine Lane Pine Forge Road North
(235) Pine Lane Route 662 West
(236) Pine Lane Court Pine Forge Road South
(237) Pinewood Drive Briarwood Drive East
(238) Pinewood Drive North Rosewood Drive South
(239) Pleasant Meadows Drive Blacksmith Road East
(240) Pleasant Meadows Drive Serenity Drive West
(241) Pleasant View Drive Farmingdale Drive North
(242) Pleasant View Drive Farmingdale Drive South
(243) Poplar Drive Griffith Drive North East
(244) Poplar Drive Laurelwood Drive East
(245) Poplar Drive Laurelwood Drive West
(246) Poplar Drive Old Airport Road West
(247) Powder Mill Hollow Road Route 562 South
(248) Queen Ann Circle North Monocacy Creek Road East
(249) Redwood Drive Russell Avenue South
(250) Redwood Drive Russell Avenue West
(251) Richards Avenue Maplewood Drive West
(252) Richards Avenue Route 662 East
(253) Ridge Drive Bramblewood Drive West
(254) Ridge Drive Russell Avenue South
(255) Riga Lane Route 422 East North
(256) Riga Lane Route 422 East South
(257) Rising Sun Drive Pepper Lane West
(258) Rising Sun Drive Rosecliff Drive Southeast
(259) River Bridge Road Route 422 East North
(260) River Bridge Road Route 422 West North
(261) Rosecliff Drive Old Airport Road West

(northern Intersection)
(262) Rosecliff Drive Old Airport Road West
XIX-18
(southern Intersection)
(263) Rosewood Court Rosewood Drive Southwest
(264) Rosewood Drive Briarwood Drive East
(265) Rosewood Drive Lake Drive South
(266) Rosewyn Lane Verdure Lane Southwest
(267) Rosewyn Lane Wyndmead Lane East
(268) Route 422 Off Ramp Limekiln Road East
(269) Route 422 Off Ramp Monocacy Creek Road East
(270) Route 422 West Riga Lane South
(271) Russell Avenue Ivy Lane East
(272) Russell Avenue Ivy Lane West
(273) Russell Avenue Old Airport Road West
(274) Russell Avenue Route 662 East
(275) Schoolhouse Court Rosecliff Drive North
(276) Seneca Court Winding Creek Drive South
(277) Serenity Drive Harmony Lane East
(278) Serenity Drive Seneca Court West
(279) Shadybrooke Drive North Pine Lane West
(280) Shadybrooke Drive North Highmeadow Drive South
(281) Shadybrooke Drive South Highmeadow Drive North
(282) Sharon Drive Blacksmith Road East
(283) Shore Avenue Route 562 North
(284) Slate Run Road Hill Road Northeast
(285) Slate Run Road Hill Road Southeast
(286) Spotts Mill Road Old Airport Road East
(287) Spotts Mill Road Route 562 Northeast
(288) Spruce Court Rosewood Drive South
(289) Stephens Way Pine Lane West
(290) Stephens Way Woodbrook Drive East
(291) Spring View Drive Farmingdale Drive East
(292) Spring View Drive Timberline Drive South
(293) Summer Meadow Drive Peach Blossom Drive West
XIX-19
(294) Summer Meadow Drive Green Meadow Drive East
(295) Sunrise Lane Fancy Hill Road North
(296) Swatara Circle Antietam Drive Southwest
(297) Swatara Circle Antietam Drive Southeast
(298) Terry Court Maplewood Drive West
(299) Thalia Lane Monocacy Creek Road North
(300) Third Street Shore Avenue East
(301) Thornbury Circle Rosecliff Drive West

(northern Intersection)
(302) Thornbury Circle Rosecliff Drive West

(southern Intersection)
(303) Timberline Drive Blacksmith Road West
(304) Timberline Drive Pleasant View Drive Southeast
(305) Tollgate Road Route 422 Business South
(306) Tollgate Road Route 662 West
(307) Township Line Road Tollgate Road South
(308) Valley Road Monocacy Hill Road South
(309) Valley View Road Monocacy Creek Road South
(310) Verdure Lane Meadowcrest Lane East
(311) Verdure Lane Meadowcrest Lane North
(312) Victoria Drive Hill Road West
(313) Victoria Drive North Monocacy Creek Road East
(314) Victoria Drive North Monocacy Creek Road West
(315) Walnut Lane Limekiln Road North
(316) Walnut Lane Route 562 South
(317) Weavertown Lane Route 662 North
(318) Weavertown Lane Weavertown Road South
(319) Weavertown Road Route 662 East
(320) Welsh Court Welsh Drive Southeast
(321) Welsh Drive Laurelwood Drive Northeast
(322) Welsh Drive Old Airport Road West
(323) West Morlatton Road Old Airport Road East
XIX-20
(324) West Morlatton Road Old Airport Road West
(325) West Welsh Drive Old Airport Road East
(326) Willowwood Court Willowwood Drive West
(327) Willowwood Drive Magnolia Drive North
(328) Willowwood Drive Magnolia Drive South
(329) Willowwood Drive Poplar Drive South
(330) Winding Creek Drive Old Airport Road West
(331) Winding Creek Drive Sharon Drive South
(332) Woodbridge Lane Clarion Drive East
(333) Woodbridge Lane Clarion Drive West
(334) Woodbridge Lane West Morlatton Road South
(335) Woodbrook Drive Pine Forge Road North
(336) Woodbrook Drive Green Meadow Drive South
(337) Woodbrook Drive Green Meadow Drive North
(338) Woods Edge Drive Timberline Drive Northeast
(339) Wyndmead Lane Meadowcrest Lane North
(340) Yellow House Drive Arrowhead Drive West
(341) Yorkshire Drive West Morlatton Road North
(342) Yorkshire Drive Berkshire Drive South
(b) Any person who violates any provision of this Section shall,
upon conviction, be sentenced to pay a fine of Twenty-Five Dollars
($25.00) and costs.
(Ordinance 55, July 19, 1974, Section 9; as amended by Ordinance 183, July 2,
2001, Section 1; as further amended by Ordinance 193, November 4, 2002,
Section 1; as further amended by Ordinance 206, November 16, 2004, Section 2; as
further amended by Ordinance 232, February 20, 2007, Section 2; as further
amended by Ordinance 256, March 4, 2009, Section 2; as further amended by
Ordinance 273, July 6, 2011, Sections 5 – 13; as further amended by Ordinance
290, October 21, 2015, Section 2)
Section 207. Certain Streets and Portions Thereof for Use by Passenger
Motor Vehicles Only.
(a) Pursuant to the Pennsylvania Motor Vehicle Code, 75 Pa C.S.A.

§4902 and the Pennsylvania Code 67 Pa. Code §212 vehicles in the one (1),
two (2) and three (3) rating class shall be considered passenger motor
vehicles. Any vehicle with a higher rating shall be considered a truck.
Based upon an engineering evaluation, the Board of Supervisors hereby
designate and declare the following streets or designated lengths of
streets in the Township of Amity to be set aside for the use of passenger
motor vehicles. Therefore, no person shall at any time operate or park any
truck or tractor upon any portion of the following streets or designated
lengths thereof:
XIX-21
(1) Meeting House Road
(b) Any person who shall violate any of the provisions of this
Section shall, upon conviction thereof before a District Justice, be
sentenced to pay a fine of not less than One Hundred Dollars ($100.00) or
more than Two Hundred Fifty Dollars ($250.00) and costs of prosecution,
and, in default of payment of such fine and/or costs, to imprisonment in
the County Jail for not more than ten (10) days. Provided nothing in this
Section shall make it unlawful to operate fire department vehicles,
Township maintenance vehicles or public utility vehicles upon any street
or portion thereof while in the course of performing work functions.
(Ordinance 55, July 19, 1974, Section 10; as amended by Ordinance 290, October
21, 2015, Section 3)
XIX-22
Part 3
Restrictions on Weight Limits
Section 301. Vehicle Weight Limits Established. Except for local

deliveries, it shall be unlawful for any person to operate any motor vehicle or
other tractor, trailer, or tractor-trailer combination, having a gross weight in
excess of that herein respectively prescribed, upon any of the following
highways, bridges, or portions thereof:
Maximum
Highway Between Gross Weight
Maplewood Drive Entire Road North of 10,000 lbs.
Postal Road
Section 302. Penalties. Any person operating a vehicle or other tractor,

trailer, or tractor-trailer combination, upon any of the foregoing highways,
bridges or portions thereof in excess of the foregoing weight limitations shall,
upon conviction, be sentenced to pay a fine of not less than one hundred dollars
($100.00) and not more than one thousand dollars ($1,000.00) for each offense and
costs of prosecution, with costs to be recovered in the name of the Township of
Amity, Berks County, Pennsylvania, and if in default of payment of such fine and
costs, said person shall be subject to imprisonment for a number of days equal to
one (1) day for each ten dollars ($10.00) of the unpaid balance of the fine and
costs, not exceeding thirty (30) days.
XIX-23
Part 4
Parking Regulations
Section 401. Parking Prohibited at All Times in Certain Locations.

Parking shall be prohibited at all times in the following locations:
Street Side Between
(1) Blacksmith Road East Intersection with S.R. 562 and

intersection with Timberline Drive
(2) Blacksmith Road West Intersection with S.R. 562 and

intersection with Pleasant Meadow
Drive
(3) Blacksmith Road North Intersection with Charcoal Drive

intersection with Buckhead Lane
(4) Hill Road East Intersection with Antietam Road and

intersection with Loyalsock Road
(5) Hill Road West Intersection with Loyalsock Road and

intersection with Antietam Road
(6) Juniper Drive North Intersection with North Griffith Drive

and a point 75 feet westwardly
thereof
(7) Juniper Drive South Intersection with North Griffith Drive

and a point 115 feet westwardly
thereof
(8) Lake Drive North Nicholson Drive to Rosewood Drive
(9) Lake Drive North Rosewood Drive to South Griffith Drive
(10) Lake Drive North Intersection with North Griffith Drive

and a point 150 feet eastwardly
thereof
(11) Lake Drive South Intersection with North Griffith Drive

and Intersection with South Griffith
Drive
(12) Lake Drive South Park Lane to a point 150 feet east of
Rosewood Drive
(13) Nicholson Avenue West Intersection with Fernwood Drive and

Intersection with Lake Drive
(14) North Griffith East Intersection with Lake Drive and a

Drive point 1,690 feet northwardly
thereof
(15) North Griffith West Intersection with Elliot Drive and a

Drive point 345 feet southwardly
thereof
(16) North Griffith West Intersection with Juniper Drive and
XIX-24
Drive intersection with Poplar Drive
(17) Old Airport Road East Intersection with Russell Avenue

(L.R. 06187) (T-657) and a point 194.06 feet
northwardly thereof
(18) Park Lane East S.R. 422 to a point 120 feet

Northwardly thereof
(19) South Griffith East Intersection with Lake Drive and a

Drive point 1,000 feet northwardly
thereof
(20) Weavertown Road North Intersection with Old Airport Road

and a point 2,150 feet westwardly
thereof
(21) West Welsh Drive North Intersection with Old Airport Road
and a point 174 feet westwardly thereof
(22) West Welsh Drive South Intersection with Old Airport Road
and a point 116 feet westwardly thereof
(23) Worman Road West Intersection with Farmingdale Drive

and the Amity Township Line
Any person who parks a vehicle in violation of the provisions of this

Section shall be in violation of the applicable provisions of the Motor Vehicle
Code of the Commonwealth of Pennsylvania authorizing local authorities to
establish no parking zones and shall be subject to a fine as set forth herein in
Section 405 and/or in accordance with the provisions of the Pennsylvania Motor
Vehicle Code.
(Ordinance 86, December 28, 1981, Sections 1-3; as amended by Ordinance 168,
December 13, 1999, Sections 1-3; as further amended by Ordinance 206, November
16, 2004, Section 3; as further amended by Ordinance 232, February 20, 2007,
Section 3; as further amended by Ordinance 256, March 4, 2009, Section 4; as
further amended by Ordinance 290, October 21, 2015, Section 4)
Section 402. "No Parking" Areas. Parking is hereby prohibited at any and
all times in the following locations:
(a) At places designated by the Supervisors as “NO PARKING” areas,

provided said areas are marked by the Supervisors by “NO PARKING” signs.
(b) Within twenty feet (20’) of the driveway entrance to any fire
station or on the side of a street opposite the entrance to any fire
station within seventy-five feet (75’) of the entrance, which area or
areas have been designated by the Supervisors as “NO PARKING” areas,
providing said areas are defined and marked by the Supervisors by having
the following notice thereon: “NO PARKING – FIRE STATION.”
(c) Within fifteen feet (15') of any fire hydrant situated within
the Township.
(d) Upon any public property after usual business hours.
(e) On such streets and on such sides or portions thereof as the

Board of Supervisors may, by Resolution from time to time, so direct.
(f) In front of a driveway or so close to the front of a driveway

as to impede the ingress or egress to or from said driveway.
XIX-25

establish no parking zones, and shall be subject to a fine as set forth herein in
Vehicle Code.
(Ordinance 3, February 4, 1956, Sections 1-3; as amended by Ordinance 36,

February 6, 1970, Section 20; as further amended by Ordinance 55, July 19, 1974,
Section 11; as further amended by Ordinance 290, October 21, 2015, Section 4)
Section 403. Removal of Vehicle from Public Streets Upon Accumulation of

Snow, Ice or Sleet.
Upon accumulation of one inch (1”) of snow, ice or sleet on any public
street in the Township of Amity, it shall be the duty of the owner, lessee or
operator of any vehicle which has been parked upon any street in the Township to
remove said vehicle from said public street. The Township of Amity, through its
authorized agents and employees, shall have the right to remove any such vehicle
by towing or other means and the cost of such removal shall be collected from the
owner, lessee or operator of said vehicle, in addition to the costs of removal as
set forth above.

Vehicle Code.
(Ordinance 55, July 19, 1974, Section 12; as amended by Ordinance 177,
February 5, 2001, Section 1; as further amended by Ordinance 290, October 21,
2015, Section 4)
Section 404. Parking, Standing and Storage of Certain Vehicles and

Equipment.
(a) No recreational vehicle, whether motorized or non-motorized,

including but not limited to travel trailers, motor homes, truck campers,
tent campers, trailers, boats and trailers, snowmobiles and trailers and
any other similar vehicles shall be parked on any street within the
Township; provided, however, that such vehicles may be parked on the
public street temporarily for the purpose of loading and unloading such
vehicle, in which case it may be temporarily parked for not more than
twenty-four (24) hours in each week (Sunday through Saturday).
(b) No truck, tractor, semitrailer, trailer or other vehicle

having a gross vehicle weight rating of more than fourteen thousand
(14,000) pounds, (Weight Class 6 or greater) or having a width in excess
of eighty (80) inches shall be parked on any street within the Township,
except for the purposes of making pick-ups, deliveries or construction
activities, in which case it may be temporarily parked for not more than
eight (8) hours between the hours of 6:00 a.m. to 6:00 p.m.
(c) No construction equipment or materials shall be parked or

stored on any street within the Township. No dumpster or storage
container shall be placed on any street within the Township.

XIX-26
Vehicle Code.
Section 405. Penalty for Violation. Any person who shall violate any
provision of Part 4, Sections 401, 402, 403 or 404 shall, upon conviction
thereof, be sentenced to pay a fine of Forty and 00/100 Dollars ($40.00) and the
costs of prosecution, and, in default of payment of such fine and costs, to
imprisonment for a number of days equal to one (1) day for each Ten Dollars and
00/100 ($10.00) of the unpaid balance of the fine and costs.
XIX-27
Part 5
Fire Lanes
Section 501. Definitions and Interpretation. Words and phrases, when used
in this Part, shall have the meaning ascribed thereto in the Vehicle Code, 75
P.S. §101, et seq., (1977), as hereafter amended, supplemented, modified or re-
enacted by the General Assembly of Pennsylvania, unless the context clearly
indicates a different meaning or as otherwise defined by this Part.
Section 502. Continuation of Prior Regulations and Ordinances. The

provisions of this Part, insofar as they are the same as those of ordinances in
force immediately prior to the adoption of this Part, are intended as a
continuation of such ordinance and regulations and not as new enactments.
Section 503. Authority to Establish and Mark Fire Lanes. The Chief of
Police of Amity Township, acting on the recommendation or with the assistance of
the several volunteer fire departments providing fire fighting services within
the Township, shall have the authority to designate, establish and denote certain
areas as fire lanes as may reasonable and necessary on private property devoted
to public use. The areas so designated as fire lanes shall be those services
immediately adjacent to a building or buildings for a distance of not less than
forty feet (40') from said building or buildings on property, including but not
limited to hospitals, churches, shopping centers, theaters, retail establishments
and similar locations as may be deemed necessary by the Chief of Police to insure
property ingress and egress of police department, fire department and emergency
vehicles for the protection of persons and property aforementioned.
Section 504. Marking and Posting of Fire Lanes. When the Chief of Police
of Amity Township shall determine that fire lanes are necessary or that parking
of motor vehicles upon any public or private street, lane, alley or private
parking lot is liable to interfere with the operation of the police department,
fire department or emergency service vehicles, parking in such areas shall be
prohibited and such areas shall be posted “No Parking”.
Section 505. Compliance. No person shall place, park or leave unattended

a motor vehicle in a fire lane or area posted “No Parking” in disregard of any
signs erected pursuant to the provisions of this Part.
Section 506. Penalties. Any person, corporation, business entity or other

legal entity, or its agent, servant or employee, who shall park, place or leave
unattended a motor vehicle in such fire lane or posted area in violation of the
provisions of this Part shall be required to pay a fine of Forty Dollars
($40.00), and in the event that said person, corporation, business entity or
other legal entity shall fail to satisfy said fine within fifteen (15) days of
the notice of violation, said person, corporation, business entity or other legal
entity shall, upon conviction thereof by a District Justice, be sentenced to pay
a fine of Fifty Dollars ($50.00) and the costs of prosecution, and in default of
payment thereof shall be imprisoned for not more than five (5) days
(Ordinance 95, January 17, 1985, Section 6; as amended by Ordinance 108,
September 15, 1986, Section 1; as further amended by Ordinance 290, October 21,
2015, Section 5)
XIX-28

It is hereby declared that it is the intent of the Board of Supervisors of Amity
Township that this Part would have been adopted had such unconstitutional,
therein.
XIX-29
Part 6
Abandonment, Impounding and Sale of Motor Vehicles
Section 601. Abandonment of Motor Vehicles. No person shall abandon any

motor vehicle, as defined in the Pennsylvania Vehicle Code, on or along any
street, highway or public property within the Township of Amity or any place
within the Township of Amity. Motor vehicles should be primafacia deemed to be
abandoned when: (1) it is left unattended or along any street, highway or public
property within the Township of Amity for a period of ninety-six (96) hours, or
(2) it has remained on private property without the consent of the owner or
person in charge of the property for more than ninety-six (96) hours.
(Ordinance 36, February 6, 1970, Section 20D)
Section 602. Impounding of Abandoned Motor Vehicles. The Township of

Amity shall have the right to impound any abandoned motor vehicle found within
the Township at any impounding area properly designated by a Resolution of the
Board of Supervisors of the Township as an impounding area, by having a “salvor”,
as defined in the Pennsylvania Vehicle Code, tow the abandoned motor vehicle to
such an impounding area. The owner of the abandoned motor vehicle shall be
charged with the cost of towing the abandoned motor vehicle to the impounding
area and the “salvor’s” storage cost. The owner of the abandoned motor vehicle
may reclaim said motor vehicle within the time and in accordance with the
provisions of the Pennsylvania Vehicle Code upon presenting proper proof of
ownership and payment of the above-mentioned costs.
(Ordinance 36, February 6, 1970, Section 20E)
Section 603. Sale of Unclaimed Abandoned or Impounded Motor Vehicles. If

an impounded abandoned motor vehicle is not reclaimed by the owner, it may be
sold in accordance with the provisions, requirements and conditions contained in
the Pennsylvania Vehicle Code dealing with the sale of abandoned motor vehicles.
(Ordinance 36, February 6, 1970, Section 20F)
XIX-30
Part 7
Section 701. Purpose. The purpose of this Part is to provide for the
temporary blocking of Township streets and roads in a safe manner to allow for
Block Parties, Parades and other Special Events, as defined herein, and other
like events.
Section 702. Definitions. As used in this Part, the following terms

shall have the meanings as indicated:
(a) Block Party. A neighborhood party within a designated area of

public streets which shall be closed and will include a celebration or
event, but shall not include a private party, garage sale, yard sale,
bazaar, rummage sale or other similar activity having the principal
purpose as fundraising for an individual or organization, nor shall it
include a political meeting or rally, carnival or theatrical or musical
performances, such as rock concerts or similar events.
(b) Parade. Any organized group, marching or in procession,

whether on foot, animal or vehicle, or some combination thereof, which
does not comply with normal and usual traffic regulations and controls.
(c) Parade Route. The Township approved route of travel of any

permitted parade or fun run including the assembly, staging and disbanding
areas.
(d) Special Event. Any parade, demonstration, block party, march,

fun run, walk-a-thon, athletic event, bicycle race or any such gathering
of people in which the activity takes place on, in or through any public
sidewalk, street or right-of-way.
(e) Street. Any Township residential street or road.
Section 703. Permit Required.
(a) Any person, before blocking or barricading a street in the

Township of Amity for purposes of holding a Block Party, Parade or any
type of Special Event shall obtain a permit from the Township Manager of
Amity Township.
(b) The Township Manager of Amity Township shall be authorized to

issue a permit for the temporary blocking of a street for the purpose of
holding a Block Party, Parade or any type of Special Event. Such permit
shall allow the temporary blocking of a street on one (1) particular date
only, and during a specified time period which shall be of a single
duration. An application for such permit shall be filed with the Township
Manager at least twenty-one (21) days before the commencement of such
temporary blocking of a street. Such application shall contain the
following information:
(1) The name and address of applicant.
(2) The name of the street(s) and the description of the

portions thereof to be blocked.
(3) A description of the specific event to be held.
XIX-31
(4) The date and the hours thereof.
(5) Signed Hold Harmless Agreement.
(6) Proof of Liability Insurance.
The application may require such additional information as the

Township of Amity shall prescribe by resolution.
Section 704. Fee; Determination of Approval or Disapproval of Application

for Permit.
(a) The application shall be accompanied by a fee, as determined

from time to time by resolution of the Board of Supervisors of the
Township of Amity, which shall be refundable in the event that the permit
is denied. The permit shall be granted by the Township Manager upon
determining that the Block Party, Parade or Special Event is authorized,
and may contain conditions of approval to insure public safety and
welfare. The permit shall be denied if the Township Manager finds that
blocking the street(s), or portion(s) thereof, on the date requested in
the application will unduly interfere with the flow of vehicular traffic
or upon determining that the Block Party, Parade or Special Event is not
authorized. The Township Manager shall advise the applicant, in writing,
of the reason for denial of the application.
(b) All appeals from a denial of an application for the temporary

closure of street(s) shall be made directly to the Board of Supervisors of
the Township of Amity.
Section 705. Validity of Permit. A permit issued pursuant to this Part

shall be valid only for the date and the hours specified thereon, which shall not
be before 8:00 a.m. or after 11:00 p.m.
Section 706. Cleanup after Event. The applicant shall be responsible for
removal of all litter, debris and other materials from the street(s), or
portion(s) thereof, used for the event which is attributable to or caused by the
Block Party, Parade or Special Event.
Section 707. Barricades and Obstacles. Any street(s), or portion(s)

thereof, blocked off with barricades and obstacles for a Block Party, Parade or
Special Event, shall not be obstructed so as to not allow emergency and hazard
vehicles to enter it in response to an emergency.
Section 708. Liability and Liability Insurance.
(a) The persons, organization or association to whom the permit is

issued shall be liable for all losses, damages or injuries sustained by
any person, whether a participant or spectator at the Block Part, Parade,
or Special Event, whether or not said losses, damages or injuries arise by
reason of the negligence of the person, persons or organization to whom
such permit shall have been issued. The Township Manager shall require
the applicant to enter into a hold-harmless agreement, which agreement
XIX-32
shall provide that the applicant shall agree to save and hold harmless the
Township of Amity of and from any and all obligations and liabilities
which may arise from the temporary street(s) closing which represents the
subject matter of the application. The applicant shall further agree as
part of these provisions to hold harmless the Township of Amity and to
defend at his own cost and expense any claims or lawsuits instituted by
third parties, which obligations or liabilities might otherwise exist or
be asserted against the Township of Amity.
(b) The applicant shall also provide proof of liability insurance

providing coverage for the applicant and naming the Township of Amity as
an additional insured. To the extent reasonably possible, liability
insurance coverage shall be in the minimum amounts of Seven Hundred Fifty
Thousand Dollars ($750,000.00) per claimant and One Million Five Hundred
Thousand Dollars ($1,500,000.00) per occurrence.
Section 709. Penalties. Any person, firm or corporation who shall violate
any provision of this Part shall, upon conviction, be subject to a penalty of not
less than One Hundred Dollars ($100.00) nor more than Six Hundred Dollars
($600.00), plus costs of prosecution; provided, however, that no other permit
shall be issued to any person, firm or corporation, nor shall any other permits
be allowed to remain in force, until all fines and costs thereupon imposed
hereunder shall have been paid.
XIX-33
LAB AMITY CODE 13404-10 C20 07/06/16 #C51182-02
CHAPTER XX
PARKS AND RECREATIONAL AREAS
Part 1
Parks and Recreation Areas
Section 101. Title

Section 103. Park Hours
Section 104. Entrance and Exit
Section 105. Tables, Benches, Seats and Bleachers
Section 106. Toilet Facilities
Section 107. Alcoholic or Intoxicating Beverages; Drugs, Hallucinogenic
Materials, Chemicals or Smoking
Section 108. Gambling; Indecent Acts or Language
Section 109. Solicitations
Section 110. Animals
Section 111. Offensive Matter or Dead Animals
Section 112. Garbage and Rubbish
Section 113. Damage or Injury to Property
Section 114. Wildlife
Section 115. Signs and Notices
Section 116. Advertisements
Section 117. Fires
Section 118. Appropriate Apparel
Section 119. Golf
Section 120. Athletic Equipment
Section 121. Projectiles
Section 122. Hunting
Section 123. Prohibited Uses
Section 124. Parking
Section 125. Motorized or Propelled Vehicles
Section 126. Unauthorized Vehicle Signs
Section 127. Designated Parking Areas
Section 128. Permitted Motor Vehicles
Section 130. Park and Recreations Board Responsibilities
Section 131. Park Usage Permits
Part 2
Skateboard Parks
Section 201. Establishment of Skateboard Park

Section 203. Skateboard Park Rules
Section 204. General Park Rules
Section 205. Signs
XX-1
LAB AMITY CODE 13404-10 C20 07/06/16 #C51182-02
Part 1
Parks and Recreational Areas
Section 101. Title. This Chapter shall be known and may be cited as the
“Amity Township Park Ordinance”. Wherever in this Chapter the term “park” is
used, it shall be deemed to include playgrounds, recreation areas and open spaces
owned and controlled by the Township of Amity. (Ordinance 258, September 2,
2009, Section 1)
Section 102. Purpose. The following provisions of this Chapter are

enacted for the protection of the health, safety, welfare and morals of the
residents of Amity Township, by promoting the safe and enjoyable use of the
public parks, playgrounds, and recreation areas in the Township by members of the
community. (Ordinance 258, September 2, 2009, Section 1)
Section 103. Park Hours. No person shall be allowed in the following parks
except between the hours set forth below, prevailing local time:
(a) Amity Community Park – 6:00 a.m. to 11:00 p.m.
(b) Hill Road Recreational Area - 7:00 a.m. to 10:00 p.m.
(c) Myron S. Wheeler Recreational Area - 7:00 a.m. to 10:00 p.m.
(d) Locust Grove Recreational Area - 7:00 a.m. to 10:00 p.m.
(e) Amity Park Road Recreation Area - 7:00 a.m. to 10:00 p.m.
(f) Monocacy Hill Recreation Area – Dawn to Dusk
(g) Lake Drive Recreation Area – 7:00 a.m. to 10:00 p.m.
Section 104. Entrance and Exit. No person shall enter or leave a park
except by entrances or exits provided for such purposes. (Ordinance 258,
Section 105. Tables, Benches, Seats and Bleachers. No persons shall stand
or lie on a table, bench or seat, or shall move any table, bench or portable
bleacher from one location to another without authorization from a designated
Township official. (Ordinance 258, September 2, 2009, Section 1)
Section 106. Toilet Facilities. No person shall enter a toilet set apart
for the use of the opposite sex, with the exception of a person accompanying and
necessarily assisting an individual with a disability. (Ordinance 258, September
2, 2009, Section 1)
Section 107. Alcoholic or Intoxicating Beverages; Drugs, Hallucinogenic

Materials or Chemicals, Smoking. Possession, distribution, use or consumption of
beer, ale or other alcoholic or intoxicating beverages in, on or about a park or
playground is prohibited. No intoxicated person or person under the influence of
drugs or hallucinogenic materials shall be permitted in, on, or about a park or
playground. The possession, distribution, use or consumption of drugs or
hallucinogenic materials or other harmful chemicals in any form in, about or on a
park or playground is prohibited. Smoking of any kind is prohibited in Amity
Community Park. (Ordinance 258, September 2, 2009, Section 1)
XX-2
LAB AMITY CODE 13404-10 C20 07/06/16 #C51182-02
Section 108. Gambling: Indecent Acts or Language. No gambling, or any

obscene or indecent act, or any abusive, threatening, indecent or profane
language or any conduct that may annoy others shall be allowed in a park.
Section 109. Solicitations. No person shall solicit alms or subscriptions

in a park. (Ordinance 258, September 2, 2009, Section 1)
Section 110. Animals. Animals which may be injurious to persons shall not
be permitted in a park. Animals which possess dangerous propensities to human
beings shall not be permitted in a park. Any animals permitted in a park must be
on a leash and under the control of their handler at all times and must not
possess dangerous or aggressive propensity towards humans or other animals. No
animals are permitted in Amity Community Park, with the exception of those
specifically trained as an aide to physically or mentally disabled individuals.
(Ordinance 258, September 2, 2009, Section 1; as amended by Ordinance 292, May 4,
2016, Section 1)
Section 111. Offensive Matter or Dead Animals. No person shall leave dead
animals or offensive matter of any kind in a park. (Ordinance 258, September 2,
2009, Section 1)
Section 112. Garbage and Rubbish. No person shall scatter, drop or leave
any paper, rag, garbage, dead flowers or plants, glass, tin cans, or other
rubbish anywhere in a park, except in receptacles provided for such purpose.
Section 113. Damage or Injury to Property. No person shall injure, damage

or deface any buildings, structures, fences, bridges, playground equipment or
other property in a park, nor climb any tree or break, cut down, trample upon,
remove or in any manner injure or damage any ornament, rock, stone, tree, plant,
shrub, fern, blossom, flower or turf, nor foul nor contaminate any stream or
water. (Ordinance 258, September 2, 2009, Section 1)
Section 114. Wildlife. No person shall annoy, inure or kill any animals or
birds in a park, nor disturb any fish or water fowl in the streams, pools or
ponds, nor remove or carry away any birds’ nests or eggs. (Ordinance 258,
Section 115. Signs and Notices. No person shall injure, deface or destroy
any public signs or notices posted in a park. (Ordinance 258, September 2, 2009,
Section 1)
Section 116. Advertisements. No advertisement, placard or notice except

public notices shall be posted in a park. Furthermore, no commercial
advertisement, placard, or notice shall be distributed in a park. Advertisements
in support of sponsorships for sport leagues will be permitted upon approval of
the Amity Township Parks and Recreation Board and the Board of Supervisors.
These advertisements will be of a temporary nature as approved by said Boards.
Section 117. Fires. No person shall light or permit a fire to burn in a

park except in fireplaces provided for such purpose. (Ordinance 258, September
2, 2009, Section 1)
Section 118. Golf. The hitting or putting of golf balls and the playing of
golf in any park is prohibited. (Ordinance 258, September 2, 2009, Section 1)
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Section 119. Athletic Equipment. The use of javelins, arrows, discus or

similar athletic equipment dangerous in character is prohibited unless used under
the direct supervision of an authorized playground supervisor. There is to be no
skateboarding in any park facility except at the Amity Township Skateboard Park.
Roller skating and roller blading are allowed. (Ordinance 258, September 2,
2009, Section 1)
Section 120. Projectiles. The use or discharge of firearms is hereby

prohibited, except as otherwise set forth in Section 120 hereof. The possession
or use of paintball equipment, slingshots, pellet guns and projectiles of any
nature or any instrument which fires or discharges any projectile is hereby
prohibited. The possession or discharge of firearms is prohibited in Amity
Community Park. Projectiles such as model aircraft and rockets may be used in
Amity Community Park if and only if the use of such items is part of a lesson or
extracurricular activity of the Daniel Boone School District and the use of such
items is under the supervision of a school faculty member, or for other entities,
if said entity has obtained a permit from the Township with proof of insurance
and School District as a named insurer. The School District or other entity
shall notify the Township Manager no less than forty-eight (48) hours prior to
the use of said projectiles. Other entities shall also notify the School
district. (Ordinance 258, September 2, 2009, Section 1; as amended by Ordinance
267, October 6, 2010, Section 1)
Section 121. Hunting. Hunting on park grounds is allowed only on Monocacy

Hill, and only in compliance with the regulations and stipulations as set forth
in the statutes commonly known as the Game Laws of the Commonwealth of
Pennsylvania, Part 3, entitled “Discharge of Firearms” of Chapter XIV, entitled
“Health and Safety” of the Township of Amity Code of Ordinances (commonly known
as the Township’s Gun Ordinance), and only a lawful distance from area picnic
grounds, publicly occupied parks and houses. Additionally, the following
regulations shall apply:
(a) The discharge of all firearms is prohibited on Monocacy Hill

with the exception of the following:
(1) Shotguns, black powder muzzle loaders, bows and arrows

and long, recurve and compound bows.
(b) All use of firearms and bows shall be in accordance with

Pennsylvania Game Commission Rules and Regulations as in effect from time
to time.

Section 122. Prohibited Uses. The use of a park for any of the following
purposes is prohibited unless a permit is first obtained from the Township
Secretary as hereinafter provided:
(a) Sale of merchandise;
(b) Use of fireworks;
(c) Musical or theatrical entertainments;
(d) Overnight camping; or,
(e) Parties or gatherings in excess of twenty-five (25) persons

for any purpose whatsoever.
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Section 123. Parking. No person shall park any vehicle in any portion of
a park except in spaces definitely set aside and marked for parking purposes, and
no person shall occupy a parked vehicle after dark except with the interior
lights turned on. (Ordinance 258, September 2, 2009, Section 1)
Section 124. Motorized or Propelled Vehicles. The use of all motor and
electrically propelled vehicles, including but not limited to automobiles, buses,
trucks, tractors, jeeps, motorcycles, motorbikes, minibikes, snowmobiles, motor
scooters, riding lawnmowers and golf carts, are prohibited from being operated,
stored, moved or abandoned on any park or playground belonging to the Township of
Amity, Berks County, Pennsylvania. (Ordinance 258, September 2, 2009, Section 1)
Section 125. Unauthorized Vehicle Signs. There shall be erected in

conspicuous places on or about the park and recreation areas belonging to the
Township of Amity, Berks County, Pennsylvania, signs which provide for the
prohibition of unauthorized vehicles and which provide the penalty for
unauthorized vehicles being operated, stored, moved, or abandoned on any Township
park or recreation area. (Ordinance 258, September 2, 2009, Section 1)
Section 126. Designated Parking Areas. Notwithstanding any other provision

herein contained, all vehicles required to be licensed by the Pennsylvania
Department of Motor Vehicles shall be permitted to be parked by their operators
in areas specifically designated as parking areas by the Amity Township Board of
Supervisors or their duly authorized representatives. (Ordinance 258, September
2, 2009, Section 1)
Section 127. Permitted Motor Vehicles. Notwithstanding any of the

provisions herein contained, the following motor vehicles may be permitted to be
operated on any park or recreation area belonging to Amity Township, Berks
County, Pennsylvania:
(a) Fire trucks;
(b) Police vehicles;
(c) Township owned trucks and motor vehicles;
(d) Vehicles of Township officials or their duly authorized

representatives when inspecting the park or recreation area.
(e) Service trucks delivering supplies, servicing equipment or

maintaining grounds.
(f) Other vehicles which may from time to time be given special
authorization to be operated on parks or recreation areas belonging to the
Township of Amity, Berks County, Pennsylvania, by the Board of Supervisors
of Amity Township or their duly authorized representative.
Section 128. Enforcement. The Police Department shall enforce the

regulations hereinabove set forth and shall exercise general supervision over
persons and property in all Township parks and recreation areas. (Ordinance 258,
September 2, 2009, Section 1
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Section 129. Park and Recreation Board Responsibilities. The Park and
Recreation Board shall have general custody of all parks and all maintenance,
repairs and replacements of property and equipment therein, and shall be
chargeable with the duty of keeping the Township parks and recreation areas in a
clean and sanitary condition at all times. In view of the fact that the parks
and recreation areas of the Township have been acquired and are maintained
primarily for the use of the residents of the Township, the Park and Recreation
Board, or any person or persons designated by it, shall have the right to
determine whether park and recreation area users are Amity Township residents and
assess of fee of Two Dollars ($2.00) on each non-resident of Amity Township.
Section 130. Park Usage Permits. Special permits for the use of Township
parks and recreation areas may be issued by the Township Manager or other
designated Township official upon proper application therefor. No permit shall
be issued, however, unless an application therefor is made to the Township
Manager in writing at least fourteen (14) days before the applicant intends to
use the same. Any person or entity to whom a permit is issued shall be liable
for any loss, damage or injury sustained by any person by reason of the
negligence or fault of the applicant, or the applicant’s agents, servants or
employees. (Ordinance 258, September 2, 2009, Section 1)
Section 131. Penalties for Violations. Any person violating any of the
provisions of this Part shall, upon conviction of the same, be liable to a
penalty of not more than Six Hundred Dollars ($600.00) for each and every offense
as may be determined by appropriate proceedings initiated before a District
Justice authorized to hear summary proceedings. (Ordinance 258, September 2,
2009, Section 1)

eighteen (18) years of age shall be held liable for penalties incurred by, and
for damages to park or recreation area properties of the Township, caused or
committed by their children. (Ordinance 258, September 2, 2009, Section 1)

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Part 2
Skateboard Parks
Section 201. Establishment of Skateboard Park. There is hereby

established the “Amity Skateboard Park”, located at the Lake Drive Park, Amity
Township, Berks County, Pennsylvania. (Ordinance 226, September 5, 2006,
Section 1)
Section 202. Definitions. The following terms are hereby defined as used
in the Part.
(a) Skateboard Park. The Amity Township Skateboard Park, located

at the Lake Drive Park, Amity Township, Berks County, Pennsylvania, and
shall be considered a park owned and controlled by the Township of Amity.
(b) User. Any person located inside the fence of the Skateboard
Park.
Section 203. Skateboard Park Rules. The following rules are hereby
established for the Skateboard Park:
(a) Skateboard Park hours of operation are dawn till dusk.
(b) In case of emergency, dial 911 and identify the location as

Amity Township Skateboard Park, Lake Drive Park.
(c) Amity Township will not be responsible for personal property

or any personal injuries that occur during the usage of the Skateboard
Park.
(d) Use of this facility is at the User’s own risk.
(e) Use of the Amity Township Skateboard Park is a privilege and

can be revoked from anyone who abuses the Skateboard Park and does not
obey the rules.
(f) All Lake Drive Park Rules apply.
(g) Helmets, elbow pads and knee pads, rated for skateboarding,
biking or other activity as permitted, are recommended.
(h) Spectators are not permitted inside the fence of the

Skateboard Park.
(i) No food or drinks are permitted inside the fence of the

Skateboard Park.
(j) Profanity and abusive language are prohibited.
(k) No drugs, alcohol or tobacco products are allowed in or around

the Skateboard Park.
(l) The Skateboard Park hours and schedule can be changed by the
Township as necessary.
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(m) All equipment used must be in good condition and not be

harmful to the Skateboard Park or others.
(n) Respect others, share the space.
(o) Do not attempt to use apparatus in this facility beyond your

own ability.
(p) No loitering is permitted after the Skateboard Park closes.
(q) No littering.
(r) One (1) person per ramp at a time.
(s) The Skateboard Park will be closed during hazardous weather

conditions, particularly when snow and ice are present.
Section 204. General Park Rules. All rules and regulations established in
Part 1 of this Chapter shall also apply to the Skateboard Park. (Ordinance 226,
Section 205. Signs. Signs may be posted by the Township stating the rules
of the Skateboard Park. (Ordinance 226, September 5, 2006, Section 1)
Section 206. Enforcement. The Police Department shall enforce the

regulations hereinabove set forth and shall exercise general supervision over
persons and property in the Skateboard Park. (Ordinance 226, September 5, 2006,
Section 1)
Section 207. Penalties for Violations. Any person violating any of the
provisions of this Part shall, upon conviction of the same, be liable to a
penalty of not more than Six Hundred Dollars ($600.00) for each and every offense
as may be determined by appropriate proceedings initiated before a District
Justice authorized to hear summary proceedings. (Ordinance 226, September 5,
2006, Section 1)

eighteen (18) years of age shall be held liable for penalties incurred by, and
for damages to the Skateboard Park, caused or committed by their children.

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CHAPTER XXI
PLANNED RESIDENTIAL DEVELOPMENT
SEE ALSO ZONING, CHAPTER XXXII
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CHAPTER XXII
PLUMBING
Section 101. Appointment of Plumbing Inspector

Section 102. Duties of Plumbing Inspector
Section 103. Administrative Authority
Section 104. Appeals From Decision of Plumbing Inspector
Section 105. Access to Structures
Section 106. Qualifications To Perform Work
Section 107. Issuance Of Plumbers License
Section 108. Certificate of Insurance
Section 109. Condensate Lines
Section 110. Building Sewer Lines
Section 111. Penalties For Violation
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NLP AMITY CODE 13404-10 C22 12/28/00 #104488
CHAPTER XXII
PLUMBING
Section 101. Appointment of Plumbing Inspector. The provisions of the

Amity Township Plumbing Code shall be administered and enforced by a Plumbing
Inspector, who shall be appointed by the Board of Supervisors of the Township of
Amity to serve at the pleasure of the Board. The compensation of the Plumbing
Inspector shall be fixed by the Board of Supervisors from time to time. The
Plumbing Inspector shall be either a licensed master plumber, or he shall be a
person acquainted with all phases of the plumbing business and shall have had
such practical experience as to satisfy the Board of Supervisors of his
capabilities. The Board of Supervisors may also appoint one or more Assistant
Plumbing Inspectors to serve at the pleasure of the Board; and they shall receive
such compensation as may be fixed by the Board of Supervisors from time to time.
Section 102. Duties of Plumbing Inspector. The duties of the Plumbing

Inspector and of the Assistant Plumbing Inspectors shall include without being
limited to the following:
(a) To approve or reject promptly all plans presented; to issue

such permits as may be required in proper cases; to collect such fees as
may be provided for and to issue receipts for the same; to make such
inspections and supervise such tests as may be required to insure that all
provisions of this Chapter and of the Amity Township Plumbing Code have
been faithfully complied with; to order the removal and correction of any
work or materials not in compliance with the provisions of this Chapter
and of the Amity Township Plumbing Code;
(b) To prevent any violations of this Chapter and of the Amity

Township Plumbing Code and of any and all Federal, State and Township laws
and regulations applicable to inhabitants of the Township of Amity for the
protection of the public health;
(c) To retain and file records of all plans, inspections, tests,

fees and permits, as well as of all complaints and other communications
and replies to the same, so as to be readily available for inspection;
(d) To issue written orders to the owners or occupiers of

properties when an investigation discloses any condition that may be
unsanitary or in violation of the provisions of this Chapter or of the
Amity Township Plumbing Code, and to take such action as may be necessary
and sufficient to correct and completely abate and remove such condition.
Such notice shall be issued in writing, in duplicate, and a copy of the
same shall be sent to or served upon the owner or occupier of the
property, which notice shall state the nature of the correction to be made
and the time permitted for the making of such correction. The failure of
any person to comply with any such notice in strict accordance with its
terms shall be a violation of this Chapter and punishable as such.
Section 103. Administrative Authority. The term “administrative

authority” as used in the Amity Township Plumbing Code shall be construed to mean
the Plumbing Inspector and/or Assistant Plumbing Inspectors of the Township of
Amity, except that said term as used in Sections P-301.1 through P-301.3.3 both
inclusive of Article 3 of the BOCA Code, 1975 Edition (Amity Township Plumbing
Code), as amended, and as used in Sections 104 and 106 of this Chapter shall be
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NLP AMITY CODE 13404-10 C22 12/28/00 #104488
construed to mean a group of three (3) or five (5) persons and shall consist of
one (1) Supervisor of the Township of Amity, the Township Engineer, the Township
Plumbing Inspector, and in addition may have one (1) Master Plumber and one (1)
Journeyman Plumber appointed by the Board of Supervisors from time to time to
serve on such authority at the pleasure of the Board of Supervisors. All
decisions of the authority shall be in writing, and if not in writing shall be
void and of no effect. (Ordinance 70, November 5, 1976, Section 4)
Section 104. Appeals From Decisions of Plumbing Inspector. Any and all
exceptions to, or appeals from, a decision or ruling of the Plumbing Inspector of
the Township of Amity shall be filed in writing, in duplicate, with the
administrative authority. The exceptant or appellant shall be entitled to a
hearing before the administrative authority within ten (10) days of filing the
same. Promptly after such hearing the administrative authority shall render a
written decision and shall mail a copy thereof to the exceptant or appellant.
Section 105. Access to Structures. The Plumbing Inspector and/or

Assistant Plumbing Inspectors shall, upon identifying themselves, be given access
to any structure or area for the purpose of making inspections and of enforcing
the provisions of this Chapter and of the Amity Township Plumbing Code. Entry to
any structure or area shall be made only during normal weekday business hours
and/or with the permission of the property owner concerned. It shall be a
violation of this Chapter and of the Amity Township Plumbing Code to deny entry
for inspection purposes if proper identification and explanatory notification is
given the property owner. (Ordinance 70, November 5, 1976, Section 9)
Section 106. Qualifications to Perform Work.
(a) No person, other than one holding a certificate of license as

a Master Plumber issued as hereinafter provided, or firm or corporation
having at least one such person in responsible charge of work, shall be
allowed to carry on or engage in the business of plumbing or house
drainage within the Township of Amity.
(b) Journeyman Plumbers and Apprentice Plumbers shall not be

permitted to alter, repair or make any connections with any drain, soil
pipe, vent pipe or fixture unless accompanied by and working under the
observation and supervision of a Registered Master Plumber.
(c) Apprentice plumbers shall not be permitted to perform any

plumbing or drainage work with tools unless accompanied by and working
under the observation and supervision of a licensed Master Plumber or a
licensed Journeyman Plumber.
(d) A permit to perform plumbing work inside a single-family

dwelling may, upon application and review, be issued to the owner of the
dwelling for work to be performed by said owner or an immediate family
member. However, in the case of a house drainage connection to a public
sanitary sewer or lateral thereof, a licensed Master Plumber shall be
required to install the trap, vent and clean out the rest of the sewer
line connecting such dwelling to the public sanitary sewer.
(Ordinance 70, November 5, 1976, Section b; as amended by Ordinance 126, April

15, 1991, Section 4)
Section 107. Issuance of Plumbers Licenses.
(a) Any person desiring to obtain a certificate of license as a

Master Plumber or as a Journeyman Plumber from the Township of Amity shall
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appear before the administrative authority and pay the fee for such
license as set forth in this Section or as determined from time to time by
the Board of Supervisors of the Township.
(b) The administrative authority shall issue the appropriate

license when the applicant upon inquiry and examination appears qualified
for the same.
(c) The issuance of a certificate of license as a Master Plumber

to any one member of a firm or corporation shall be sufficient to permit
such firm or corporation to perform plumbing work within the Township of
Amity so long as the holder retains such certificate of license and
remains in responsible charge of all work performed.
(d) The fee for a Master Plumber registration shall be Twenty

Dollars ($20.00), which registration shall be renewed on or before the
annual anniversary date of the original for an annual fee of Ten Dollars
($10.00).
(e) All plumbing work within the Township of Amity shall be

performed under the general direction of a person holding a certificate of
license as a Master Plumber. Whenever any pipe laying or jointing is in
progress, at least one person holding a certificate of license either as a
Master Plumber or as a Journeyman Plumber shall be present at all times.
(f) Certificates of license shall be issued for a period not in

excess of one (1) year.
(g) Responsible persons who may feel qualified to properly install

house sewers under the terms of this Chapter but are not Master Plumbers
may apply, in writing, for permission to do so to the “Administrative
Authority” stating their qualifications and/or experience in the
performance of the various steps required in the installation of house
sewers. Contractors must provide insurance amounts stated in
Subsection (d) of this Section. Homeowners who are granted a license to
install their house sewers must employ an individual designated by the
plumbing inspector to install that portion from the final trap to the
public sanitary sewer.
(Ordinance 70, November 5, 1976, Section 7; as amended by Ordinance 126, April
15, 1991, Section 5)
Section 108. Certificate of Insurance. Prior to issuance of a Master

Plumbers Registration, a Certificate of Insurance with Amity Township being shown
as the certificate holder must be presented and the following minimum amounts and
coverage must be listed:
(a) Personal Injury. Not less than One Hundred Thousand Dollars
($100,000.00) per person and Three Hundred Thousand Dollars ($300,000.00)
per occurrence.
(b) Claim for Property Damage. Not less than Fifty Thousand
Dollars ($50,000.00) for a single claim and One Hundred Thousand Dollars
($100,000.00) for multiple claims arising out of the same occurrence.
Section 109. Condensate Lines. Condensate lines or lines collecting

condensate shall not be connected to or drain into a sanitary sewer line, or any
line, pipe, conduit or plumbing that is connected into the municipal sewer
system. (Ordinance 126, April 14, 1991, Section 6)
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NLP AMITY CODE 13404-10 C22 12/28/00 #104488
Section 110. Building Sewer Lines. Building sewer lines that are
completely covered by either concrete or earth shall not be less than four inches
(4") in diameter. Sewer lines that connect into the municipal sewer system shall
be trapped with not less than one double vented running trap and shall be placed
not less than ten feet (10') back from the right-of-way. (Ordinance 126,
Section 111. Penalties For Violation. Any person violating any of the
provisions of this Chapter shall, upon conviction thereof in a summary
proceeding, be subject to pay a penalty not in excess of Six Hundred Dollars
($600.00) for each such violation, and in default of the payment of such penalty
and costs, shall be subject to imprisonment in the Berks County Jail for a period
not exceeding thirty (30) days. Each day during which a person continues to be
in violation of any of the provisions of this Chapter shall constitute a separate
offense and be punishable as such. The Certificate of License issued to any
Master Plumber or Journeyman Plumber under the provisions of this Chapter may be
revoked for a violation of this Chapter and no new Certificate of License granted
for a period of up to two (2) years for each offense. (Ordinance 70, November 5,
1976, Section 11)
Section 112. Severability. If any section, sentence, clause or phrase of

this Chapter is for any reason held to be invalid, such decision shall not affect
the validity of the remaining portion of this Chapter. The Board of Supervisors
hereby declare that it would have adopted this Chapter and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, sentences, clauses or phrases be declared invalid. (Ordinance 70,
November 5, 1976, Section 12)
XXII-5
LAB AMITY CODE 13404-10 C23 07/06/16 #C54144-02
CHAPTER XXIII
SEWERS AND SEWAGE DISPOSAL
Part 1
Holding Tanks

Section 103. Rights and Privileges Granted
Section 104. Rules and Regulations
Section 105. Rules and Regulations to be in Conformity with Applicable Law
Section 106. Rates and Charges
Section 107. Exclusiveness of Rights and Privileges
Section 108. Duties of Improved Property Owner
Part 2
On-Lot Sewage Disposal Systems
Section 201. Title; Introduction; Purpose

Section 202. Terms and Definitions
Section 203. Applicability
Section 204. Sewage Permit Requirements
Section 205. Inspections
Section 206. Operation
Section 207. Maintenance
Section 208. System Rehabilitation
Section 209. Liens
Section 210. Disposal of Sewage
Part 3
Public Sewage Disposal System
Subpart A. Objectives of Part
Section 301. Purpose and Policy

Section 302. Administration and Contents
Section 304. Abbreviations
Subpart B. Sewer Rentals; Waste Discharges; Rules and Regulations

Section 305. Use of Public Sewers Required
Section 306. All Sewage Shall Be Conducted Into a Sewer
Section 307. Discharge of Sewage
Section 308. Privy Vault, Cesspool, Sinkhole and Septic Tanks
Section 309. Notice of Connection
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LAB AMITY CODE 13404-10 C23 07/06/16 #C54144-02
Subpart C. Building Sewers and Connections

Section 311. Conditions for Connection
Section 312. Separate Connection Required
Section 313. Costs of Connection
Section 314. Connection at Lateral
Section 315. Township Authorized to Make Connection
Subpart D. Sewer Rental Charges
Section 316. Sewer Rentals and Charges

Section 317. Quarterly Payments
Section 318. Lien on Property
Section 319. Discretion of Township
Subpart E. Rules and Regulations Governing Building Sewers and Connections to

Sewers
Section 320. Improved Properties

Section 321. Inspection Required
Section 322. Safe Operating Condition
Section 323. Protection of Public Property
Section 324. Notice of Unsatisfactory Conditions
Section 325. Approval by Township
Section 326. Elevation
Section 327. Artificial Flow
Section 328. Additional Rules
Subpart F. General Sewer Use Requirements
Section 330. Prohibited Discharge Standards

Section 331. Federal Categorical Pretreatment Standards
Section 332. State Pretreatment Standards
Section 333. Local Limits
Section 334. Township’s Right of Revision
Section 335. Special Agreement
Section 336. Dilution
Subpart G. Pretreatment of Wastewater
Section 337. Pretreatment Facilities

Section 338. Additional Pretreatment Measures
Section 339. Accidental Discharge/Slug Control Plans
Section 340. Hauled Wastewater
Subpart H. Wastewater Discharge Permit Application
Section 341. Wastewater Analysis

Section 342. Wastewater Discharge Permit Requirement
Section 343. Wastewater Discharge Permitting; Existing Conditions
Section 344. Wastewater Discharge Permitting; New Connections
Section 345. Wastewater Discharge Permit Application Contents
Section 346. Application Signatories and Certification
Section 347. Wastewater Discharge Permit Decisions
Subpart I. Wastewater Discharge Permit Issuance Process
Section 348. Wastewater Discharge Permit Duration

Section 349. Wastewater Discharge Permit Contents
Section 350. Wastewater Discharge Permit Appeals
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Section 351. Wastewater Discharge Permit Modification

Section 352. Wastewater Discharge Permit Transfer
Section 353. Wastewater Discharge Permit Revocation
Section 354. Wastewater Discharge Permit Reissuance
Section 355. Municipal Wastewater Discharge Permits
Section 356. Commercial Wastewater Discharge Permit
Section 357. Special Use Discharge Permit
Subpart J. Reporting Requirements
Section 358. Baseline Monitoring Reports

Section 359. Compliance Schedule Progress Report
Section 360. Report on Compliance with Categorical Pretreatment Standard
Deadline
Section 361. Periodic Compliance Reports
Section 362. Report of Changed Conditions
Section 363. Reports of Potential Problems
Section 364. Reports from Unpermitted Users
Section 365. Notice of Violation; Repeat Sampling and Reporting
Section 366. Notification of Discharge of Hazardous Waste
Section 367. Analytical Requirements
Section 368. Sample Collection
Section 369. Timing
Section 370. Record Keeping
Subpart K. Compliance Monitoring
Section 371. Right of Entry; Inspection and Sampling

Section 372. Search Warrants
Subpart L. Confidential Information
Section 373. Confidential Information
Subpart M. Publication of Users in Significant Noncompliance
Section 374. Publication of Users
Subpart N. Administrative Enforcement Remedies
Section 375. Notification of Violation

Section 376. Consent Orders
Section 377. Show Cause Hearing
Section 378. Compliance Orders
Section 379. Cease and Desist Orders
Section 380. Administrative Fines
Section 381. Emergency Suspensions
Section 382. Termination of Discharge
Subpart O. Judicial Enforcement Remedies
Section 383. Injunctive Relief

Section 384. Civil Penalties
Section 385. Criminal Prosecution
Section 386. Remedies Nonexclusive
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Subpart P. Supplemental Enforcement Action
Section 387. Performance Bonds

Section 388. Liability Insurance
Section 389. Water Supply Severance
Section 390. Informant Rewards
Section 391. Contractor Listing
Subpart Q. Affirmative Defenses to Discharge Violations
Section 392. Upset

Section 393. Prohibited Discharge Standards
Section 394. Bypass
Subpart R. Miscellaneous Provisions
Section 395. Pretreatment Charges and Fees

Section 396. Extraordinary Maintenance Charge
Subpart S. Determination of Charges for Strong Wastes
Section 398. Strong Waste Surcharges

Section 399. Strong Waste Surcharge Formula
Section 400. Additional Charges
Section 401. Methods of Payment of Extra Charges by Industrial Users
Section 402. New Industrial Users
Subpart T. Measurement of Concentration of Industrial Waste
Section 403. Industrial Waste Sampling

Section 404. Control Manhole
Section U. Measurement of Volume of Industrial Wastes for Strong Waste

Surcharges
Section 405. Measurement
Subpart V. Access
Section 406. Access
Subpart W. Enforcement

Section 408. Fines and Costs
Subpart X. Declaration of Purpose
Section 409. Declaration
Part 4
Spray Irrigation and Stream Discharge Systems

Section 452. Scope
Section 454. Township Regulations
Section 455. Fees
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Section 456. Plan Review Process

Section 457. Permit
Section 458. Operation and Maintenance
Section 459. Amendments
Part 5
Sewage Sludge Disposal
Section 501. Authorization

Section 503. Procedure
Section 504. Planning Commission Review and Recommendation
Section 505. Standards
Section 506. Determination by the Board of Supervisors
Section 507. Sludge Disposal Area Map
Section 508. Insurance
Section 509. Administrative and Tipping Fee
XXIII-5
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Part 1
Holding Tanks
Section 101. Purpose. The purpose of this Part is to establish procedures

for the use and maintenance of holding tanks designed to receive and retain
sewage, whether from residential or commercial uses, and it is hereby declared
that the enactment of this Part is necessary for the protection, benefit and
preservation of the health, safety and welfare of the inhabitants of this
Township.
Section 102. Definitions. Unless the context specifically and clearly

indicates otherwise, the meaning of the terms used in this Part shall be as
follows:
(a) Holding Tank. A water tight receptacle which receives and

retains sewage and is designed and constructed to facilitate ultimate
disposal of the sewage at another site. Holding tanks include but are not
limited to the following:
(1) Chemical Toilet. A toilet using chemicals that

discharges to a holding tank.
(2) Retention Tank. A holding tank where sewage is conveyed

to it by a water carrying system.
(3) Vault Pit Privy. A holding tank designed to receive

sewage where water under pressure is not available.
(b) Improved Property. Any property within the Township upon

which there is erected a structure intended for continuous or periodic
habitation, occupancy or use by human beings or animals and from which
structure sewage shall or may be discharged.
(c) Owner. Any person vested with ownership, legal or equitable,

sole or partial, or any property located in the Township.
(d) Person. Any individual, partnership, company, association,

corporation or other group or entity.
(e) Sewage. Any substance that contains any of the waste products
or excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical to the
public health; or to animal or aquatic life or to the use of water for
domestic water supply or for recreation.
(f) Township. The Township of Amity, Berks County, Pennsylvania.
Section 103. Rights and Privileges Granted. The Township is hereby

authorized and empowered to undertake within the Township the control and methods
of holding tank sewage disposal and the collection and transportation thereof.
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Section 104. Rules and Regulations. The Township is hereby authorized and
empowered to adopt such rules and regulations concerning sewage which it may deem
necessary from time to time to effect the purposes herein.
Section 105. Rules and Regulations to be in Conformity with Applicable

Law. All such rules and regulations adopted by the Township shall be in
conformity with the provisions herein, all other ordinances of the Township, all
applicable laws and applicable rules and regulations of administrative agencies
of the Commonwealth of Pennsylvania.
Section 106. Rates and Charges. The Township shall have the right and
power to fix, alter, charge and collect rates, assessments and other charges in
the area served by its facilities at reasonable and uniform rates as authorized
by applicable law. (Ordinance 48, March 2, 1973, Section 6)
Section 107. Exclusiveness of Rights and Privileges. The collection and

transportation of all sewage from any improved property utilizing a holding tank
shall be done solely by or under the direction and control of the Township, and
the disposal thereof shall be made only at such site or sites as may be approved
by the Department of Environmental Resources of the Commonwealth of Pennsylvania.
Section 108. Duties of Improved Property Owner. The owner of an improved

property that utilizes a holding tank shall:
(a) Maintain the holding tank in conformance with this Part or any
ordinance of the Township, the provisions of any applicable law, the rules
and regulations of the Township and any administrative agency of the
Commonwealth of Pennsylvania.
(b) Arrange for the disposal of the contents of the holding tank
subject to the approval of the Township.
(c) Permit the Township or anyone acting under the direction of

the Township to collect, transport and dispose of the contents therein
provided the owner shall fail to comply with Subsection (b) above.
Section 109. Violations. Any person who violates any provision of

Section 108 of this Part shall, upon conviction thereof by summary proceedings,
be sentenced to pay a fine of not more than Six Hundred Dollars ($600.00) and
costs, and in default of said fine and costs to undergo imprisonment in the Berks
County Prison for a period not in excess of thirty (30) days.
Section 110. Abatement of Nuisances. In addition to any other remedies

provided in this Part, any violation of Section 108 above shall constitute a
nuisance and may be abated by the Township by either seeking appropriate
equitable or legal relief from a court of competent jurisdiction.

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It is hereby declared as the intent of the Board of Supervisors of the Township,
invalid sentence, clause, section or part thereof not been included therein.
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Part 2
Section 201. Title; Introduction; Purpose.
(a) This Part shall be known as the Amity Township On-lot Sewage
Disposal System Management Ordinance.
(b) As required by the Pennsylvania Second Class Township Code, as

amended, (53 P.S. 65101), the Pennsylvania Clean Streams Law, as amended,
(35 P.S. 691.1. et seq.), and the Pennsylvania Sewage Facilities Act, as
amended, (35 P.S. 750.1, et seq., also known as Act 537), municipalities
have the authority and the obligation to provide for adequate sewage
treatment facilities and for the protection of public health by preventing
the discharge of untreated or inadequately treated sewage. The Official
Sewage Facilities Plan for Amity Township requires the Township to enact
an Ordinance to formulate and implement a Sewage Management Program to
effectively prevent and abate water pollution and hazards to the public
health caused by improper treatment and disposal of sewage.
(c) The purpose of this Part is to provide for the regulation,

inspection, maintenance, and rehabilitation of on-lot sewage disposal
systems within Amity Township; to further permit the Township to intervene
in situations which are public nuisances or hazards to the public health
due to improper management of on-lot SDS’s; and to establish penalties and
appeal procedures necessary for the proper administration of a Sewage
Management Program.
Section 202. Terms and Definitions.
(a) General Terms. In the interpretation of this Part, the

singular shall include the plural, and the masculine shall include the
feminine and the neuter.
(b) Specific Terms. For the purposes of this Part, the listed
terms shall be construed to have the following meanings:
(1) Act. The Pennsylvania Sewage Facilities Act, Act of

January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S.
Section 750.1 et. seq.
(2) Authorized Agent. A licensed Sewage Enforcement

Officer, professional engineer or sanitarian, plumbing inspector,
soils scientist, or any other qualified or licensed person who is
delegated to function within the specified limits as the agent of
the Board to carry out the provisions of this Part.
(3) Board. The Board of Supervisors of Amity Township,

Berks County, Pennsylvania.
(4) Community Sewage System. Any system, whether publicly

or privately owned, for the collection of Sewage from two or more
lots or uses, or two (2) or more equivalent dwelling units, and the
treatment and/or disposal of the Sewage on one or more of the lots
or at any other site, and which shall comply with all applicable
regulations of the DEP.
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(5) DEP. The Department of Environmental Protection of the

Commonwealth of Pennsylvania or any successor agency.
(6) Individual Sewage System. Any system of piping, tanks,

or other facilities serving a single lot and collecting and
disposing of Sewage in whole or in part into the soil or any waters
of the Commonwealth of Pennsylvania or by means of conveyance to
another site for final disposal.
(7) L&I Certified Plumbing Inspector. Any individual

currently employed by Amity Township or their designated third
party agency who holds a current certification from L&I as a
residential and or commercial plumbing inspector.
(8) Malfunction. The condition which occurs when an On-lot

Sewage Disposal System causes pollution to the ground or surface
waters, contamination of private or public drinking water supplies,
nuisance problems, or hazards to public health. Indications of
malfunctioning systems include, but are not limited to, foul odors,
lush grass growing over the system, backup of wastewater in the
attached buildings, soggy ground over the system, surfacing Sewage
effluent flowing over the ground and occurring at any time of the
year.
(9) Official Sewage Facilities Plan. A comprehensive plan

for the provision of adequate Sewage disposal systems adopted by
the Township and approved by the DEP in accordance with the Act and
with applicable DEP regulations.
(10) On-lot Sewage Disposal System. Any system for disposal

of domestic Sewage involving pretreatment and subsequent disposal
of the clarified Sewage into a subsurface soil absorption area or
retaining tank.
(11) Owner. Any Person holding deed or title to lands

within the Township.
(12) Person. Any individual, association, partnership,

public or private corporation whether for profit or not-for-profit,
trust, estate or other legally recognized entity. Whenever the
term "Person" is used in connection with any clause providing for
the imposition of a fine or penalty or the ordering of action to
comply with the terms of this Part, the term "Person" shall include
the members of an association, partnership or firm and the officers
of any public or private corporation, whether for profit or not-
for-profit.
(13) Property. A tract or parcel of land, held in Single

and Separate Ownership, located in Amity Township.
(14) Property Area. The gross acreage as specified on the

deed or deeds, and contained within the boundaries of a Property.
(15) PSMA Certified Driver. An individual who possess a

current certification by the Pennsylvania Septage Management
Association who is employed by a septage hauling company.
(16) Pumper/Hauler. Any Person approved and licensed by the

Township, which engages in cleaning Community or Individual Sewage
Systems and transporting the Septage cleaned from these systems.
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(17) Rehabilitation. Work done to modify, alter, repair,

enlarge, or replace an existing On-lot Sewage Disposal System.
(18) Replacement Area. An area designated as the future

location of an Individual On-lot Sewage System that shall be
installed should the initial Individual On-lot System installed or
to be installed fail or otherwise become inoperable and which shall
meet all the regulations of the DEP and all applicable Township
ordinances for an Individual Sewage System, and shall be protected
from encroachment by an easement recorded in the Berks County
Recorder of Deeds (this easement requirement may be satisfied by
the recording of the Final Plan of a subdivision or land
development plan upon which the easement appears).
(19) Septage. The residual scum and sludge pumped from

septic systems.
(20) Sewage. Any substance that contains any of the waste

products or excrements or other discharge from the bodies of human
beings or any noxious or deleterious substance being harmful or
inimical to the public health, or to animal or aquatic life or to
the use of water for domestic water supply or for recreation.
(21) Sewage Enforcement Officer (hereinafter called SEO). A

person appointed by the Board to administer various provisions of
this Part and authorized by the DEP in accordance with Chapter 71,
Administration of Sewage Facilities Program of Title 25, Rules and
Regulations, Department of Environmental Protection, of the
Pennsylvania Code. Such person is authorized to conduct
investigations and inspections, review permit applications, issue
or deny permits, and do all other activities as they may be
provided for such person in the Sewage Facilities Act, the rules
and regulations promulgated thereunder, and this Part or any other
Ordinance adopted by the Board.
(22) Sewage Management District. Any area or areas of the

Township designated in the Official Sewage Facilities Plan adopted
by the Board as an area for which a Sewage Management Program is to
be implemented.
(23) Sewage Management Program. A comprehensive set of

legal and administrative requirements encompassing the requirements
of this Part, the Act, The Clean Streams Law, the regulations
promulgated thereunder and such other requirements adopted by the
Board to effectively enforce and administer this Part.
(24) Single and Separate Ownership. The ownership of a

contiguous land area consisting of one or more lots by an Owner
irrespective of the fact that parts of the land may have been
acquired at different times or that the area may have been divided
into parts on any plan or plat.
(25) Township. The Township of Amity, Berks County,

Pennsylvania.
All other definitions of words and terms used in this Part shall
have the same meaning as set forth in the Sewage Facilities Act and the
Regulations promulgated thereto, currently found in Chapter 73, Standards
for Sewage Disposal Facilities of Title 25, Rules and Regulations,
Department of Environmental Protection, of the Pennsylvania Code.
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Section 203. Applicability. From the effective date of this Part, its
provisions shall apply as follows:
(a) All Persons owning any property not presently served by public
sewer which are instead serviced by an On-lot Sewage Disposal System or
Community Sewage System shall be subject to all Sections of this Part 2.
(b) All Persons installing, altering or rehabilitating an On-lot

Sewage Disposal System (whether individual or community) on a property,
shall be subject to Sections 204 and 208 of this Part.
(Ordinance 221, January 17, 2006, Section 1; as amended by Ordinance 285, August
6, 2014, Section 1)
Section 204. Sewage Permit Requirements.
(a) No Person shall request bid proposals for construction or

alteration of an Individual Sewage System or Community Sewage System,
install or construct an Individual or Community Sewage System, or occupy
any building or structure for which an Individual or Community Sewage
System is to be installed, without first obtaining a permit indicating
that the site and the plans and specifications of such system are in
compliance with the provisions of the Act, and the standards adopted
pursuant thereto.
(b) No Community Sewage System shall be approved for installation

or operation until and unless the Owner enters into an agreement with the
Township specifying the duties of the Owner, its successors and assigns,
for the operation, maintenance and repair of said system, and posts with
the Township a bond, cash, or other financial instrument, equal to fifty
percent (50%) of the initial cost of the equipment and installation for
the first two (2) years of operation. After the first two (2) years of
operation, and throughout the remaining life of the system, the amount
shall be ten percent (10%) of the cost of replacing and installing the
equipment, as determined by the SEO at the time and from time to time
during the remaining life of the system.
(1) The bond or financial instrument shall be in the name

of the Township as payee, except that if the Community Sewage
System is to be owned and operated by a homeowners' association,
then, in that event, the bond or financial instrument shall be in
the joint name of that homeowners' association and the Township.
(2) The financial instrument shall provide for the use of

the annual income from the instrument, if any, to cover the costs
of operation and inspection of the Community Sewage System if those
costs are not paid directly by the Owner of homeowners’
association. If no annual income is derived, or if the annual
income so derived is insufficient to cover the costs of operation
and inspection of the system, the Owner or homeowners' association
shall provide the amount necessary to recover the costs of
operation and inspection.
(3) In the event that the Board, or the Board's Authorized

Agent, determines that there has been a Malfunction of the system,
and the Owner or homeowners’ association fails, after notice, to
repair the Malfunction, the principal of the financial instrument
may be employed to fund the correction of the Malfunction. Payment
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will be made from the principal to the Township upon receipt of

notification from the Township of the Malfunction and delivery of a
contract between the Township and the contractor for the repair of
the Malfunction.
(4) No such Community Sewage System shall be approved

unless the Owner evidences to the Township a bona fide contract
employing a qualified Sewage plant operator, for regular
maintenance and operation of the system, with the operator's annual
fees being paid by the Owner or homeowners’ association and in
default thereof, from the aforementioned financial instrument or
bond.
(5) Where the system is to be owned by a homeowners'

association which has legal responsibility for the operation and
maintenance of the system, the contract with the plant operator may
be on an annual basis. Otherwise, the contract for the operation
and maintenance shall cover a period representative of the
anticipated life of the system.
(c) No system or structure designed to provide individual or

community Sewage disposal shall be covered from view until approval to
cover the same has been given by the Township SEO. If after written
notice has been given to the SEO, seventy-two (72) hours, excepting
Sundays and holidays, have elapsed without inspection by the SEO, then the
applicant may cover said system or structure, unless permission has been
specifically refused by the SEO.
(d) The Township may require applicants for Sewage permits to

notify the Township's SEO of the schedule for construction of the
permitted On-lot Sewage Disposal System so that inspection(s) in addition
to the final inspection required by Act 537 may be scheduled and performed
by the Township's SEO at the cost of the applicant.
(e) No building or occupancy permit shall be issued by the

Township for a new building which will contain Sewage generating
facilities until a valid Sewage permit has been obtained from the
Township's SEO or from a municipal authority or other public entity if the
building is serviced by a public sewer system.
(f) No building or occupancy permit shall be issued and no work

shall begin on any alteration or conversion of an existing structure which
is served by an On-lot Sewage Disposal System, if said alteration or
conversion will result in the increase or potential increase in Sewage
flows from the structure, until the Township and the structure's owner
receive from the Township's SEO either a permit for alteration or a
replacement of the existing Sewage disposal system or written notification
that such a permit will not be required. In accordance with the
regulations contained in Chapter 73, Section 73.1, et seq., Title 25 of
the Pennsylvania Code, the SEO shall determine whether the proposed
alterations of the structure will result in increased Sewage flows if on-
site Sewage disposal is being used.
(g) Sewage permits for an On-lot Sewage Disposal System may be

issued only by an SEO employed by the Township for that express purpose.
The DEP shall be notified during January of each year after the effective
date of this Ordinance by the Township as to the identity (by name,
address, and SEO Certification Number) of its currently employed SEO and
alternate SEO. The DEP shall also be notified in writing within 15 days
of a change in the SEO or his address.
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Section 205. Inspections.
(a) All On-lot Sewage Disposal Systems subject to this section of

the Ordinance shall be inspected by a Township Sewage Enforcement Officer,
a L&I Certified Plumbing Inspector or a PSMA Certified individual employed
by a septage hauler every three (3) years in conjunction with a pumping
schedule and regions established by the Township or at any other
reasonable time as of the effective date of this Part. A report of the
inspection shall be delivered to the property owner within thirty (30)
days of the inspection. The report shall be prepared on forms provided by
the Township. In cases where there is an evident Malfunction posing a
substantial imminent health hazard, the SEO, should he not have performed
the inspection, shall be notified within twenty-four (24) hours of the
inspection.
(b) The On-lot Sewage Disposal inspection may include a physical

tour of the Property, and an inspection of the septic tank, piping and
absorption area.
(c) The Township's SEO shall inspect On-lot Sewage Disposal

Systems known to be, or alleged to be, malfunctioning at any time, in
addition to the routine scheduled inspections. Should said inspections
reveal that the system is malfunctioning, the Township’s SEO shall take
immediate action in accordance with Section 7 of the Act (35 P.S. Section
750.7) to require the correction of the Malfunction. If total correction
is not technically feasible in the opinion of the Township and/or a
representative of the DEP, action by the Owner to mitigate the Malfunction
shall be required.
(d) There may arise geographical areas within the Township where
numerous On-lot Sewage Disposal Systems are malfunctioning. A resolution
of these area wide problems may necessitate detailed planning and a
Township sponsored revision to that area's Act 537 Official Sewage
Facilities Plan. When a DEP authorized Official Sewage Facilities Plan
Revision has been undertaken by the Township, mandatory repair or
replacement of malfunctioning Individual Sewage Disposal Systems within
the study area may be delayed at the discretion of the Township pending
the outcome of the plan revision process. However, the Township may compel
immediate corrective action whenever a Malfunction, as determined by the
Township and the DEP, represents a serious public health or environmental
threat.

Section 206. Operation. Only normal domestic wastes shall be

discharged into any On-lot Sewage Disposal System. The following shall not be
discharged into the system:
(a) Industrial waste.
(b) Automobile oil and other non-domestic oil.
(c) Toxic or hazardous substances or chemicals, including but not

limited to, pesticides, disinfectants, acids, paints, paint thinners,
herbicides, gasoline and other solvents.
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(d) Clean surface or ground water, including water from roof or

cellar drains, springs, basement sump pumps and French drains.
Section 207. Maintenance.
(a) Any person, subject to the provisions of this Part, owning a

building served by an On-lot Sewage Disposal System shall have the septic
tank pumped by a licensed Pumper/Hauler within three (3) years after the
effective date of this Part in accordance with a schedule and regions
developed by the Township. Thereafter, that Person shall have the tank
pumped at least once every three (3) years in accordance with a schedule
and regions developed by the Township. Receipts from the Pumper/Hauler
shall be submitted to the Township within thirty (30) days following the
pumping.
(b) The Township will be divided into three (3) management areas,
with one (1) area designated to be pumped each year. The management areas
will be evaluated with the area with greatest number of older systems to
be pumped the first year, and the area with the greatest number of new
systems will be pumped in the third year.
(c) To assure that septic tanks are properly pumped, septic tank
lids shall be exposed prior to pumping. The exposure of the septic tank
lid shall be the responsibility of the tank Owner. After pumping, the lid
must remain accessible until the Sewage Enforcement Officer or Plumbing
Inspector performs his inspection.
(d) In the event that a Person provides a receipt or other written

evidence demonstrating that the Person's septic tank has been pumped
within three (3) years prior to the effective date of this Part, the
Township may delay that Person's initial required pumping.
(e) The required pumping frequency may be increased at the

discretion of the Authorized Agent if the septic tank is undersized, if
solids buildup in the tank is above average, if the hydraulic load on the
system increases significantly above average, if a garbage grinder is used
in the building, if the system Malfunctions, or for other good cause
shown.
(f) Should maintenance be required as determined by the Sewage

Enforcement Officer or Plumbing Inspector, such maintenance must be
performed by the property owner. If permits are required, the property
owner must first secure the necessary permits.
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Section 208. System Rehabilitation.
(a) No person shall operate and maintain an On-lot Sewage Disposal

System in such a manner that it Malfunctions. All liquid wastes,
including kitchen and laundry wastes and water softener backwash, shall be
discharged to a treatment tank. No Sewage system shall discharge untreated
or partially treated Sewage to the surface of the ground or into the
waters of the Commonwealth of Pennsylvania, unless a permit to discharge
has been obtained from the DEP.
(b) A written notice of violation shall be issued to any Person

who is the Owner of any Property which is found to be served by a
malfunctioning On-lot Sewage Disposal System or which is discharging
Sewage without a permit.
(c) Within seven (7) days of notification by the Township that a

Malfunction has been identified, the Property Owner shall make application
to the SEO for a permit to repair or replace the malfunctioning system.
Within thirty (30) days of initial notification by the Township,
construction of the permitted repair or replacement shall commence.
Within sixty (60) days of the original notification by the Township, the
construction shall be completed unless seasonal or unique conditions
mandate a longer period, in which case the Township shall set an extended
completion date.
(d) An SEO shall have the authority to require the repair of any
Malfunction by the following methods: cleaning, repair or replacement of
components of the existing system, adding capacity or otherwise altering
or replacing the system's treatment tank, expanding the existing disposal
area, replacing the existing disposal area, replacing a gravity
distribution system with a pressurized system, replacing the system with a
holding tank, or any other alternative appropriate for the specific site.
(e) In lieu of, or in combination with, the remedies described in

Subsection (d) above, an SEO may require the installation of water
conservation equipment and the institution of water conservation practices
in structures served. Water using devices and appliances in the structure
may be required to be retrofitted with water saving appurtenances or they
may be required to be replaced by water conserving devices.
(f) In the event that the Rehabilitation measures set forth in the
preceding Subsections (a) through (e) are not feasible or do not prove
effective, the Township may require the Owner to apply for a permit to
construct a holding tank in accordance with any applicable Township
ordinance. Upon receipt of said permit, the Owner shall complete
construction of the system within thirty (30) days. Until that time, the
Owner is responsible to keep the system pumped to keep it from discharging
to the surface of the ground.
(g) Should none of the remedies described above prove totally

effective in eliminating the Malfunction of an existing On-lot Sewage
Disposal System, the Owner is not absolved of responsibility for that
Malfunction. The Township may require whatever action is necessary to
lessen or mitigate the Malfunction, including imposition of fines and
other penalties under the authority granted to the Township under Section
7, 8, 12, 13, 13.1, 14, 15, and 16 of the Act (35 P.S. Sections 750.7,
750.8, 750.12, 750.13, 750.13.1, 750.14, 750.15, and 750.16).
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Section 209. Liens. The Township, upon written notice from the SEO
that an imminent health hazard exists due to failure of a Property Owner to
maintain, repair, or replace an On-lot Sewage Disposal System as provided under
the terms of this Part, shall have the authority to perform or contract to have
performed, the work required by the SEO. The Owner shall be charged for the work
performed and, if necessary, a lien shall be entered therefore in accordance
with law.
Section 210. Disposal of Septage.
(a) All Septage shall be disposed of in accordance with the

requirements of the Solid Waste Management Act (Act 97 of 1980, P.S.
§§6018.101 et seq.) and all other applicable laws and at sites or
facilities approved by DEP. Approved sites or facilities shall include
the following: Septage treatment facilities, wastewater treatment plants,
composting sites, and approved farm lands.
(b) Pumper/Haulers of Septage operating within the Township shall

operate in a manner consistent with the provisions of the Pennsylvania
Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§6018.101-6018.1003)
and all other applicable laws.
(c) Pumper/Haulers of Septage operating within the Township shall

be licensed by the Township.
(d) Septage from residential and commercial properties within the

Township will be accepted at the Amity Township Sewage Treatment Plant.
Industrial waste will not be accepted. A manifest indicating the origin of
the load will be required.
Section 211. Administration.
(a) The Township shall fully utilize those powers it possesses

through enabling statutes and ordinances to effect the purposes of this
Part.
(b) The Township shall employ qualified individuals to carry out

the provisions of this Part. Those employees shall include an SEO and may
include an administrator and such other persons as may be necessary. The
Township may also contract with private qualified persons or firms as
necessary to carry out the provisions of this Part.
(c) All permits, records, reports, files and other written

material relating to the installation, operation and maintenance and
Malfunction of On-lot Sewage Disposal Systems in the Township shall become
the property of, and be maintained by, the Township. Existing and future
records shall be available for public inspection during regular business
hours at the official office of the Township. All records pertaining to
Sewage permits, building permits, occupancy permits and all other aspects
of the Sewage Management Program shall be made available, upon request,
for inspection by representatives of the DEP, or at a frequency required
by Chapter 73 of Title 25 of the Pennsylvania Code.
(d) The Township shall establish all administrative procedures

necessary to properly carry out the provisions of this Part.
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(e) The Township Board shall establish a fee schedule, and

authorize the collection of fees, to cover the cost of the Township of
administering this program.
(a) Appeals from final decisions of the Township or any of its

Authorized Agents under this Part shall be made to the Board in writing
within thirty (30) from the date of written notification of the decision
in question. The appeal must be made on an official appeal form and be
accompanied by the appropriate appeal fee as established from time to time
through resolution of the Board of Supervisors.
(b) The appellant shall be entitled to a hearing before the Board

of Supervisors at its next regularly scheduled meeting, if a written
appeal is received at least fourteen (14) days prior to that meeting. If
the appeal is received within fourteen (14) days of the next regularly
scheduled meeting, the appeal shall be heard at the next regularly
scheduled meeting. The Board shall thereafter affirm, modify, or reverse
the aforesaid decision. The hearing may be postponed for a good cause
shown by the appellant or the Township. Additional evidence may be
introduced at the hearing provided that it is submitted with the written
notice of appeal.
(c) A decision shall be rendered in writing within thirty (30)

days of the date of the hearing.
Section 213. Penalties. For each violation of the provisions of this

Part, the Owner, agent, lessee, or contractor or any other person who commits,
takes part in, or assists in any such violation shall be liable upon conviction
thereof in a summary proceeding to pay a fine of not less than Five Hundred
Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) for each
offense, together with the costs of prosecution. Each day or portion thereof in
which a violation exists shall be considered to be a separate violation, and
each Section of this Part which is violated shall be considered a separate
violation. In default of payment of such fine, such Person shall be liable to
imprisonment for a period not exceeding ninety (90) days. In addition, the
Township may also institute an action at law or in equity to require compliance
with the terms of this Part. All such Persons shall be required to correct or
remedy such violations or noncompliance within the time period set forth in an
enforcement notice. Any development initiated or any structure or building
constructed, reconstructed, enlarged, altered, or relocated in noncompliance
with this Part may be declared to be a public nuisance and abatable as such.

such unconstitutionality, illegality or invalidity shall not affect or impair
any of the remaining provisions, sentences, clauses, sections or parts of this
Part. It is hereby declared as the intent of the Board of Supervisors of the
Township of Amity that this Part would have been adopted had such
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Part 3
Subpart A. Objectives of Part
Section 301. Purpose and Policy. This Part sets forth uniform
requirements for users of the Publicly Owned Treatment Works (POTW) for Amity
Township and enables the Township to comply with all applicable State and
Federal laws, including the Clean Water Act (33 U.S.C. 1251 et seq.) and the
General Pretreatment Regulations (40 CFR Part 403). The objectives of this Part
are:
(a) To prevent the introduction of pollutants into the POTW that

will interfere with the operation of the POTW;
(b) To prevent the introduction of pollutants into the POTW which

will pass through the POTW, inadequately treated, into receiving waters or
otherwise be incompatible with the POTW;
(c) To protect PTOW personnel who may be affected by wastewater

and sludge in the course of their employment and to protect the general
public;
(d) To improve the opportunity to recycle and reclaim wastewater

and sludge from the POTW;
(e) To provide for fees for the equitable distribution of the cost
of operation, maintenance, and improvement of the POTW; and
(f) To enable the Township to comply with its NPDES permit

conditions, sludge use and disposal requirements, and any other Federal or
State laws to which the POTW is subject.
This Part shall apply to all users of the POTW. This Part authorizes the
issuance of wastewater discharge permits; authorizes monitoring, compliance, and
enforcement activities; establishes administrative review procedures; requires
user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
Section 302. Administration and Contents. Except as otherwise provided herein,

Amity Township personnel, or their designated representatives, shall administer,
implement, and enforce the provisions of this Part.
Section 303. Definitions. Unless a provision explicitly states

otherwise, the following terms and phrases, as used in this Part, shall have the
meanings hereinafter designated.
(a) Act or “the Act”. The Federal Water Pollution Control Act,
also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(b) Approval Authority. U.S. Environmental Protection Agency,

Region III, Philadelphia, Pennsylvania.
(c) Authorized Representative of the User.
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(1) If the user is a corporation:
(i) The president, secretary, treasurer, or a vice

president of the corporation in charge of a principal
business function, or any other person who performs similar
policy or decision-making functions for the corporation; or
(ii) The manager of one or more manufacturing,

production or operation facilities, if authority to sign
documents has been assigned or delegated to the manager;
(2) If the user is a partnership or sole proprietorship: a

general partner or proprietor, respectively;
(3) If the user is a Federal, State, or local governmental

facility: a director or highest official appointed or designated
to oversee the operation and performance of the activities of the
government facility, or his/her designee.
(4) The individuals described in Subsections (1) through

(3) above may designate another authorized representative if the
authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the
facility from which the discharge originates or having overall
responsibility for environmental matters for the company, and the
written authorization is submitted to the Township.
(d) Building Sewer. The extension from the sewage drainage system
of any building or structure to the lateral of a sewer.
(e) Carbonaceous Biochemical Oxygen Demand (CBOD 5 ). The quantity

of oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedures for five (5) days at twenty degrees
centigrade (20°C), usually expressed as a concentration [milligrams per
liter (mg/L)].
(f) Categorical Pretreatment Standard or Categorical Standard.

Any regulation containing pollutant discharge limits promulgated by the
U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C.
1317) which apply to a specific category of users and which appear in 40
CFR Chapter I, Subchapter N, Parts 405-471.
(g) Chlorine Demand. The quantity of chlorine absorbed in water,

sewage, or other liquids, allowing a residual of 0.1 ppm after fifteen
(15) minutes of contact.
(g) Color. The optical density at a visual wave length of maximum

absorption, relative to distilled water. One hundred percent (100%)
transmittance is equivalent to zero (0.0) optical density.
(h) Commercial Connection. A user who discharges domestic

wastewater and wastewater generated from preparation or supplying
commodities and services such as restaurants, car washes, gasoline
stations, and laundromats.
(i) Commercial Waste Discharge Permit. A permit to discharge

liquid wastes which are not considered industrial or domestic waste to the
POTW.
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(j) Composite Sample. The sample resulting from the combination

of individual wastewater samples taken at selected intervals based on an
increment of either flow or time.
(k) Cooling Water. The water discharged from any system of

condensation such as air conditioning, cooling, or refrigeration.
(l) Direct Discharge. The discharge of treated or untreated

wastewater directly to the waters of the State of Pennsylvania.
(m) Dissolved Solids. The anhydrous residues of the dissolved

constituents in water or wastewater.
(n) Domestic Waste. The normal water carrying household and

toilet wastes from residences, business buildings, institutions, and
industrial establishments.
(o) Dwelling Unit. Any room, group of rooms, house trailer or

other enclosure occupied or intended for occupancy as a separate business
or as separate living quarters by a family or other group of persons
living together or by a person living alone.
(p) Environmental Protection Agency (EPA). The U.S. Environmental

Protection Agency or, where appropriate, the Regional Water Management
Division Director, or other duly authorized official of said agency.
(q) Equivalent Dwelling Unit (EDU). For the purpose of

determining the connected EDU’s to the collection system and projecting
future flows to the wastewater treatment facility, EDU’s shall be
calculated as follows: The quantity of flow which is equivalent to the
average amount of water consumed by a single residential unit. The number
of EDU’s assigned to a residential dwelling unit, regardless of water
consumption (or sewage flow) of the industrial or other non-residential
user by the average quarterly water consumption of a residential unit
during the previous year. The minimum number of EDU’s assigned to any
user shall be one (1).
(r) Existing Source. Any source of discharge, the construction or

operation of which commenced prior to the publication by EPA of proposed
categorical pretreatment standards, which will be applicable to such
source if the standard is thereafter promulgated in accordance with
Section 307 of the Act.
(s) Garbage. Solid waste resulting from the domestic and

commercial preparation, cooking and dispensing of food and from the
handling, storage and sale of produce.
(t) Grab Sample. A sample which is taken from a wastestream on a

one (1) time basis without regard to the flow in the wastestream and over
a period of time not to exceed fifteen (15) minutes.
(u) Ground Garbage. Garbage that has been shredded to such a

degree that all its particles shall be carried freely under normal sewage
flow conditions, with no particle greater than one-half inch (1/2”) (in
any dimension.
(v) Ground Water. Water which is standing in or passing through

the ground.
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(w) Holding Tank Waste. Any waste from holding tanks such as
vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-
pump tank trucks.
(x) Improved Property. Any property located within the Township

upon which there is erected a building or structure intended for
continuous or periodic habitation, occupancy, or use by human beings or
animals and from which structure sanitary sewage and/or industrial wastes
shall be or may be discharged.
(y) Indirect Discharge or Discharge. The introduction of

pollutants into the POTW from any non-domestic source regulated under
Sections 307(b), (c) or (d) of the Act.
(z) Industrial Cost Recovery. A charge imposed upon industrial

users of the treatment plant to recover the treatment works capital
expenditure used for the treatment of industrial wastes.
(aa) Industrial Establishment. Any improved property used, in

whole or in part, for manufacturing, processing, cleaning, laundering or
assembling any product, commodity or article, or from which any process
waste, as distinct from domestic waste, shall be discharged.
(bb) Industrial User. A source of indirect discharge industrial

waste which does not constitute a “discharge of pollutants” under
regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
(cc) Industrial Waste. Any liquid or gaseous substance, whether or

not solids are contained therein, discharged from any industrial
establishment during the course of any industrial, manufacturing, trade or
business process or in the course of the development, recovery or
processing of natural resources, as distinct from sanitary sewage.
(dd) Industrial Waste Permit. A permit to deposit or discharge

liquid industrial wastes into the POTW.
(ee) Infiltration. The water entering a sewer system and service

connections from the ground, through such means as, but not limited to,
defective pipes, pipe joints, connections and/or manhole walls.
Infiltration does not include, and is distinguished from, inflow.
(ff) Infiltration/Inflow. The total quantity of water from both

infiltration and inflow without distinguishing the source. Also known as
extraneous flow.
(gg) Inflow. The water discarded into a sewer system and service
connections from such sources as, but not limited to, roof leaders,
cellar, yard and area drains, foundation drains, cooling water discharges,
drains from springs and swampy areas, manhole covers, cross connections
from storm sewers and combined sewers, catch basins, storm waters, surface
runoff, street wash waters or drainage. Inflow does not include, and is
distinguished from, infiltration.
(hh) Instantaneous Maximum Allowable Discharge Limit. The maximum

concentration (or loadings) of a pollutant allowed to be discharged at any
time, determined from the analysis of any discrete or composited sample
collected, independent of the industrial flow rate and the duration of the
sampling event.
(ii) Interference. A discharge which alone or in conjunction with

a discharge or discharges from other sources inhibits or disrupts the
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POTW, its treatment processes or operations or its sludge processes, use

or disposal; and therefore, is a cause of a violation of the Township’s
NPDES permit, including an increase in the magnitude or duration of a
violation, or of the prevention of sewage sludge use or disposal in
compliance with any of the following statutory/regulatory provisions or
permits issued thereunder (or more stringent State or local regulations):
Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA),
including Title II commonly referred to as the Resource Conservation and
Recovery Act (RCRA); any State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air
Act; the Toxic Substances Control Act; and the Marine Protection,
Research, and Sanctuaries Act.
(jj) Lateral. That part of the sewer system extending from a sewer
to the curb line or, if there shall be no curb line, to the property line
or, if no such lateral shall be provided, then lateral shall mean that
portion of or place in the sewer which is provided for connection of any
building sewer.
(kk) Manhole. A shaft or chamber leading from the surface of the

ground to a sewer; large enough to enable a person to gain access to the
latter.
(ll) May. Permissive. “Shall” is mandatory.
(mm) Medical Waste. Isolation wastes, infectious agents, human

blood and blood products, pathological wastes, sharps, body parts,
contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes and dialysis wastes.
(nn) Mg/L. Milligrams per liter. Equivalent to parts per million

(ppm) by weight.
(oo) Multiple Dwelling. Any improved property in which shall be

located more than one (1) dwelling unit.
(pp) National Categorical Pretreatment Standard or Pretreatment

Standard. Any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with Sections 307(b) and (c) of the
Act (33 U.S.C. 1347) which applies to a specific category of Industrial
Users.
(qq) National Pollutant Discharge Elimination System or NPDES

Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C.
1342).
(rr) National Prohibitive Discharge Standard or Prohibitive

Discharge Standard. Any regulation developed under the authority of
307(b) of the Act and 40 CFR, Section 403.5.
(ss) New Source.
(1) Any building, structure, facility, or installation from

which there is (or may be) a discharge of pollutants, the
construction of which commenced after the publication of proposed
pretreatment standards under Section 307(c ) of the Act which will
be applicable to such source if such standards are thereafter
promulgated in accordance with that section, provided that:
(i) The building, structure, facility, or
installation is constructed at a site at which no other
source is located; or
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(ii) The building, structure, facility, or

installation totally replaces the process or production
equipment that causes the discharge of pollutants at an
existing source; or
(iii) The production of wastewater generating processes

of the building, structure, facility or installation are
substantially independent of an existing source at the same
site. In determining whether these are substantially
independent, factors such as the extent to which the new
facility is integrated with the existing plant, and the
extent to which the new facility is engaged in the same
general activity as the existing source, should be
considered.
(2) Construction on a site at which an existing source is

located results in a modification rather than a new source if the
construction does not create a new building, structure, facility,
or installation meeting the criteria of Subsection (1)(i), (1)(ii)
or (1)(iii) above but otherwise alters, replaces or adds to
existing process or production equipment.
(3) Construction of a new source as defined under this

paragraph has commenced if the owner or operator has:
(i) Begun, or caused to begin as part of a continuous

on-site construction program:
a) any placement, assembly, or installation of

facilities or equipment; or
b) significant site preparation work including

clearing, excavation, or removal of existing buildings,
structures, or facilities which is necessary for the
placement, assembly, or installation of a new source
facilities or equipment; or
(ii) Entered into a binding contractual obligation for

the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options
to purchase or contracts which can be terminated or modified
without substantial loss, and contracts for feasibility,
engineering and design studies do not constitute a
contractual obligation under this paragraph.
(tt) Non-Contact Cooling Water. Water used for cooling which does
not come into direct contact with any raw material, intermediate product,
waste product or finished product.
(uu) Normal Strength Waste. Sewage when analyzed or caused to be

analyzed by the Township shows a daily average of not more than two
hundred fifty (250) mg/L of total suspended solids, three hundred (300)
mg/L of CBOD 5 , five hundred (500) mg/L of dissolved solids, and/or twenty-
five (25) mg/L of ammonia nitrogen.
(vv) Owner. Any person vested with ownership, legal or equitable,

sole or partial, of any improved property.
(ww) Pass Through. A discharge which exits the POTW into waters of
the United States in quantities or concentrations which, alone or in
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conjunction with a discharge or discharges from other sources, is a cause

of a violation of any requirement of the Township’s NPDES permit
(including an increase in the magnitude or duration of a violation).
(xx) Person. Any individual, partnership, co-partnership, firm,

company, corporation, association, joint stock company, trust, estate,
governmental entity, or any other legal entity; or their legal
representatives, agents, or assigns. This definition includes all
Federal, State, any local governmental entities.
(yy) pH. A measure of the acidity or alkalinity of a solution,

expressed in standard units.
(zz) Pollutant. Dredged spoil, solid waste, incinerator residue,

filter backwash, sewage, garbage, sewage sludge, munitions, medical
wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural, and industrial wastes, and certain characteristics of
wastewater [i.e., pH, temperature, TSS, turbidity, color, BOD, chemical
oxygen demand (COD), toxicity, or odor].
(aaa) Pollution. The man-made or man-induced alteration of the

chemical, physical, biological, and radiological integrity of water.
(bbb) Pretreatment. The reduction of the amount of pollutants, the

elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater prior to (or in lieu of) introducing such
pollutants into the POTW. This reduction or alteration can be obtained by
physical, chemical, or biological processes; by process changes; or by
other means (except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard).
(ccc) Pretreatment Requirements. Any substantive or procedural

requirement related to pretreatment imposed on a user, other than a
pretreatment standard.
(ddd) Pretreatment Standards or Standards. Pretreatment standards

shall mean prohibited discharge standards, categorical pretreatment
standards and local limits.
(eee) Prohibited Discharge Standards or Prohibited Discharges.

Absolute prohibitions against the discharge of certain substances; these
prohibitions appear in Section 330 of this Part.
(fff) Publicly Owned Treatment Works (POTW). A “treatment works”,

as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by
the Township. This definition includes any devices or systems used in the
collection, storage, treatment, recycling, and reclamation of sewage or
industrial wastes of a liquid nature and any conveyances which convey
wastewater to a treatment plant. The term also means the Township.
(ggg) Receiving Water. The Schuylkill River.
(hhh) Sanitary Sewage. Normal water-carried household and toilet

wastes from any improved property.
(iii) Sanitary Sewer. Any pipe or conduit constituting a part of
the sewer system, or usable for sewage collection purposes.
(jjj) Septic Tank Waste. Any sewage from holding tanks such as
vessels, chemical toilets, campers, trailers and septic tanks.
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(kkk) Sewage. Human excrement and gray water (household showers,

dishwashing operations, etc.)
(lll) Sewer. Any pipe or conduit constituting a part of the sewer

system used or usable for sewage collection purposes.
(mmm) Sewer System. All facilities, as of any particular time, for

collecting, pumping, transporting, conveying, treatment and disposing of
sanitary sewage and/or industrial wastes, to be owned and operated by the
Township.
(nnn) Shall. Mandatory. “May” is permissive.
(ooo) Significant Industrial User.
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(i) Discharges an average of twenty-five thousand

(25,000) gpd or more of process wastewater to the POTW
(excluding sanitary, non-contact cooling, and boiler blowdown
wastewater); or
(ii) Contributes a process wastestream which makes up

five percent (5%) or more of the average dry weather
hydraulic or organic capacity of the POTW treatment plant; or
(iii) Is designated as such by the Township on the

basis that it has a reasonable potential for adversely
affecting the POTW’s operation or for violating any
pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in

Subsection (2)(ii) has no reasonable potential for adversely
affecting the POTW’s operation or for violating any pretreatment
standard or requirement, the Township may at any time, on its own
initiative or in response to a petition received from a user [and
in accordance with procedures in 40 CFR 403.8(f)(6)] determine that
such user should not be considered a significant industrial user.
(ppp) Significant Non-Compliance (SNC). This denotes that the

circumstances of a particular violation are severe enough to meet the
following criteria for Significant Non-Compliance (SNC):
(1) Violations of Wastewater Discharge Limits
(i) Chronic Violations: Sixty-six percent (66%) or

more of the measurements exceed the same daily maximum limit
or the same average limit in a six (6) month period (any
magnitude of exceedance).
(ii) Technical Review Criteria (TRC) Violations:

Thirty-three percent (33%) or more of the measurements exceed
the same daily maximum limit or the same average limit by
more than the following TRC in a six (6) month period.
Group 1 for conventional pollutants (BOD, TSS, fats,

oil and grease): TRC = 1.4.
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Group 2 for all other pollutants, except pH: TRC =

1.2.
(iii) Any other violation(s) of an effluent limit that

Amity Township believes has caused, alone (e.g., slug loads)
or in combination with other discharges, interference or
pass-through; or endangered the health of the sewage
treatment personnel or the public.
(iv) Any discharge of a pollutant that has caused

imminent endangerment to human health/welfare or to the
environment and has resulted in the exercise of emergency
authority to halt or prevent such a discharge.
(2) Violations of compliance schedule milestones contained

in enforcement orders as well as schedules contained in the
Industrial Discharge Permits, for starting construction, completing
construction, and attaining final compliance by 90 days or more
after the schedule date.
(3) Failure to provide reports for compliance schedules,

self-monitoring data, or categorical standards (baseline monitoring
reports, ninety (90) day compliance reports, and periodic reports)
within thirty (30) days from the due date.
(4) Failure to accurately report non-compliance.
(5) Any other violation or group of violations that the

Township considers to be significant because it may adversely
affect the operation or implementation of the Pretreatment Program.
(qqq) Slug Load or Slug. Any discharge at a flow rate or

concentration which could cause a violation of the prohibited discharge
standards in Section 330 of this Part.
(rrr) Special Use Permit. A permit to discharge liquid wastes which

are not considered commercial, industrial, or domestic wastes to the POTW.
(sss) Standard Industrial Classification (SIC) Code.A

classification pursuant to the Standard Industrial Classification Manual
issued by the United States Office of Management and Budget.
(ttt) State. The Commonwealth of Pennsylvania.
(uuu) Storm Water. Any flow occurring during or following any form
of natural precipitation, and resulting from such precipitation, including
snowmelt.
(vvv) Strong Waste. Any waste having a CBOD 5 , suspended solids,

dissolved solids or ammonia nitrogen concentration in excess of that found
in normal domestic waste, but which is otherwise acceptable into a public
sewer under the terms of this Part.
(www) Strong Waste Surcharge. A charge levied on any user of the

treatment works of the POTW for the additional cost of treating strong
wastes.
(xxx) Superintendent. The person designated by the Township to

supervise the operation of the POTW, and who is charged with certain
duties and responsibilities by this Part, or a duly authorized
representative.
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(yyy) Surface Water. That portion of the precipitation which runs

off over the surface of the ground.
(zzz) Suspended Solids. The total suspended matter that floats on

the surface of, or is suspended in, water, wastewater, or other liquid,
and which is removable by laboratory filtering.
(aaaa) Tapping Fee. A fee charged for the privilege to connect a

new EDU to the sanitary sewer system. The fee is established in
conformance with Commonwealth of Pennsylvania Act 203 and Act 209 of 1990
and as amended.
(bbbb) Total Solids. Solids that either float on the surface of, or
are in suspension, or dissolved in water, sewage, or other liquids, and
which are determined by appropriate procedures found in the latest edition
of Standard Methods for the Examination of Water and Sewage published by
the American Public Health Association.
(cccc) Township. The Township of Amity, Berks County, Pennsylvania,

a Pennsylvania municipality, acting by and through its Board of
Supervisors or, in appropriate cases, by and through its authorized
representatives.
(dddd) Toxic Pollutant. One of 126 pollutants, or combination of

those pollutants, listed as toxic in regulations promulgated by EPA under
Section 307 (33 U.S.C. 1317) of the Act.
(eeee) Toxic Substance. Any noxious and/or deleterious substance in

sufficient quantity, either singly or by interaction with other wastes, to
injure or interfere with any sewage treatment process, to constitute a
hazard to humans or animals, to create a public nuisance, or to create any
hazard in any sewer system or in the receiving stream of the sewage
treatment plant.
(ffff) Treatment Plant Effluent. The discharge from the POTW into
waters of the United States.
(gggg) User or Industrial User. A source of indirect discharge.
(hhhh) Wastewater. Liquid and water-carried industrial wastes and

sewage from residential dwellings, commercial buildings, industrial and
manufacturing facilities, and institutions, whether treated or untreated,
which are contributed to the POTW.
(iiii) Wastewater Treatment Plant or Treatment Plant. That portion

of the POTW which is designed to provide treatment of municipal sewage and
industrial waste.
(jjjj) Waters of the State. All streams, lakes, ponds, marshes,

watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation
systems, drainage systems and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private, which
are contained within, flow through, or border upon the State or any
portion thereof.
The use of the singular shall be construed to include the plural and the plural
shall include the singular as indicated by the context of its use.
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Section 304. Abbreviations. The following abbreviations have the

designated meanings:
CBOD 5 – Five (5) Day Carbonaceous Biochemical Oxygen Demand

CFR – Code of Federal Regulations
COD – Chemical Oxygen Demand
EPA – U.S. Environmental Protection Agency
gpd – gallons per day
l – liter
mg – milligrams
mg/L – milligrams per liter
NPDES – National Pollutant Discharge Elimination System
O&M – Operation and Maintenance
POTW – Publicly Owned Treatment Works
RCRA – Resource Conservation and Recovery Act
SIC – Standard Industrial Classification
SWDA – Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
TSS – Total Suspended Solids
USC – United States Code
Subpart B. Use of Public Sewers Required
Section 305. Use of Public Sewers Required. The owner of any improved
property which is located in this Township and is accessible to and whose
principal building is within one hundred fifty feet (150’) of the sewer system,
shall connect such improved property therewith, in such manner as this Township
may require, within sixty days or such other additional time as may be
determined appropriate by the Township, after notice to such Owner from this
Township to make such connection, for the purpose of discharge of all sanitary
sewage and industrial wastes from such improved property, subject to such
limitations and restrictions as shall be established by this Township, from time
to time.
Section 306. All Sewage Shall Be Conducted into a Sewer. All sanitary
sewage and industrial wastes from any improved property, after connection of
such improved property with a sewer shall be required under Section 305, shall
be conducted into a sewer, subject to such limitations and restrictions as are
established herein or as otherwise shall be established by this Township, from
time to time.
Section 307. Discharge of Sewage. No person shall place or deposit or

permit to be placed or deposited upon public or private property within this
Township any sanitary sewage or industrial wastes in violation of Section 305.
No person shall discharge or permit to be discharged to any outlet, natural or

created, within this Township any sanitary sewage or industrial wastes in
violation of Section 305, except where suitable treatment has been provided
which is satisfactory to this Township, and is consistent and in compliance with
the statutes of the Commonwealth of Pennsylvania and the terms of any rules,
regulations, or permits issued by the Pennsylvania Department of Environmental
Protection.
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Section 308. Privy Vault, Cesspool, Sinkhole and Septic Tanks.
(a) Except as is otherwise specifically approved and authorized,

in writing, in the discretion of the Board of Supervisors, no privy vault,
cesspool, sinkhole, septic tank, or similar receptacle shall be used or
maintained at any time upon any improved property which has been connected
to a sewer or which shall be required under Section 305 to be connected to
a sewer.
(b) Except as is otherwise specifically approved and authorized,

in writing, in the discretion of the Board of Supervisors, every such
privy vault, cesspool, sinkhole, septic tank or similar receptacle in
existence shall be abandoned and upon connection of an improved property
to the sewer system, such privy vault, cesspool, sinkhole, septic tank or
similar receptacle, and the components thereof shall be decommissioned and
removed from the improved property or at the discretion of this Township
shall be cleansed and filled at the expense of the owner of such improved
property and the subject to inspection by the Township and/or its agents,
servants, or employees; and any such privy vault, cesspool, sinkhole,
septic tank or similar receptacle not so abandoned and removed, or
cleansed and filled as directed by the Township shall constitute a
nuisance and such nuisance may be abated as provided at law, at the
expense of the owner of such improved property.
(c) No privy vault, cesspool, sinkhole, septic tank, or

similar receptacle at any time shall be connected with a sewer.
Section 309. Notice of Connection. The notice by this Township to make a

connection to a sewer, referred to in Section 305, shall consist of a copy of
this Part, including any amendment at the time in effect, and a written or
printed document requiring such connection in accordance with the provisions of
this Part and specifying that such connection shall be made within sixty (60)
days or such other additional time as may be determined appropriate by the
Township from the date such notice is given. Such notice may be given at any
time after a sewer is in place which can receive and convey sanitary sewage and
industrial wastes for treatment and disposal from the particular improved
property. Such notice shall be served upon the owner either by personal service
or by registered mail or by such other method as at the time may be provided by
law.
Subpart C. Building Sewers and Connections
Section 310. Application for Permit. No person shall uncover, connect

with, make any opening into or use, alter or disturb, in any manner, any sewer
or the sewer system without first making application for and securing a permit,
in writing, from this Township. Application for a permit required under this
Section shall be made by the owner of the improved property to be served or his
duly authorized agent.
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Section 311. Conditions for Connection. No person shall make or cause to

be made a connection of any improved property with a sewer until such person
shall have fulfilled each of the following conditions:
(a) Such person shall have notified the Township, in writing, of

the desire and intention to connect such improved property to a sewer.
(b) Such person shall have applied for and obtained a permit as
required by Section 310.
(c) Such person shall have given the Township at least twenty-four
(24) hours notice of the time when such connection will be made so that
this Township may, through its designated agents, servants, and employees,
supervise and inspect the work of connection and necessary testing.
(d) Such person shall have furnished satisfactory evidence to the

Township that any reserved capacity, connection, tapping, and inspection
fees, as may be applicable, charged and imposed against the owner of each
improved property who connects such improved property to a sewer have been
paid.
Section 312. Separate Connection Required. Except as otherwise provided

herein, each improved property shall be connected separately and independently
with a sewer through a building sewer. Grouping of more than one improved
property on one building sewer shall not be permitted, except under special
circumstances for good cause shown and at the sole discretion of the Township,
and then only after special permission of this Township, in writing, shall have
been secured and subject to such rules, regulations and conditions as may be
prescribed by this Township.
Section 313. Costs of Connection. All costs and expenses of construction

of building sewer and all costs and expenses of connection of a building sewer
to a sewer shall be borne by the owner of the improved property to be connected;
and such owner shall indemnify and save harmless this Township from all loss or
damage that may be occasioned, directly or indirectly, as a result of
construction of a building sewer or of connection of a building sewer to a
sewer.
Section 314. Connection at Lateral. A building sewer shall be connected

to a sewer at the place designated by this Township and where the lateral is
provided.
The invert of a building sewer at the point of connection shall be at the

same or a higher elevation than the invert of the sewer. A smooth, neat joint
shall be made and the connection of a building sewer to the lateral shall be
made secure and gas tight and watertight. (
Ordinance 227, September 5, 2006, Section 1)
Section 315. Township Authorized to Make Connection. If the owner of any

improved property located in this Township and accessible to and whose principal
building is within one hundred fifty feet of the sewer system, after sixty (60)
days or such additional time as may be determined appropriate by the Township,
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notice from this Township, in accordance with Section 305, shall fail to connect
such improved property, as required, this Township may make such connection and
may collect from such owner the costs and expenses thereof. In such case, this
Township shall forthwith, upon completion of the work, send an itemized bill of
the cost of the construction of such connection to the owner of the improved
property to which connection has been so made, which bill shall be payable
within thirty (30) days from the date of issuance. In case of neglect or
refusal by the owner of such improved property to pay said bill, this Township
shall file a municipal lien for said construction within six (6) months of the
date of the completion of the construction of said connection, the same to be
subject in all respects to the statutes of the Commonwealth of Pennsylvania for
the filing and recovery of municipal liens. The Township shall also have the
option of prosecuting a claim for the costs of the construction of such
connection and any and all fees and expenses associated therewith including, but
not limited to, engineering, administrative, and legal fees and expenses arising
and resulting therefrom in a court of competent jurisdiction in the same manner
as may be otherwise provided for collection and recovery of debts and expenses
within the Commonwealth of Pennsylvania.
Subpart D. Sewer Rental Charges
Section 316. Sewer Rentals and Charges. All others of property connected
or connecting with the sewage system, and all of the owners of property who may
hereafter connect with and use the same shall pay annual sewer rentals or
charges in quarterly installments as hereinafter provided, for the use of such
sewage facilities based upon a schedule of rates to be established by resolution
of the Board of Supervisors as may be enacted from time to time.
Section 317. Quarterly Payments. Sewer rentals or charges shall be paid

quarterly in accordance with billings for sewage services, except that during
the first quarter that a residential, commercial, or industrial user begins to
be based on a per diem amount prorated from the time such sewer connection is
made until the next following quarterly billing period. All charges for sewage
service shall be subject to a ten percent (10%) penalty if not paid within
thirty (30) days after they are due. If not paid within sixty (60) days after
due, the net bill plus penalty shall bear interest at the rate of one-half of
one percent (0.5%) per month or fraction thereof until paid.
Section 318. Lien on Property. Annual sewer rental charges shall be a

lien on the properties charged with payment thereof, from the effective date of
this Part, and if not paid after thirty (30) days’ notice, may, along with all
costs and expenses associated therewith including, but not limited to, filing
and legal fees, be collected in any manner provided by law, including without
limitation the entry of a municipal lien of record in the Office of the
Prothonotary of Berks County, Pennsylvania.
Section 319. Discretion of Township. No statement contained herein shall

be construed as to prevent any special agreement or arrangement between the
Township and any person or entity whereby an industrial waste of any strength or
character may, subject to the discretion of the Township, be accepted by the
Township for treatment, subject to payment therefore by the said person or
entity.
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Subpart E. Rules and Regulations Governing Building Sewers and Connections to

Sewers
Section 320. Improved Properties. Where an improved property, at the time

connection to a sewer is required, shall be served by its own sewage disposal
system or device, the existing house sewer line shall be broken on the structure
side of such sewage disposal system or device and attachment shall be made, with
proper fittings, to continue such house sewer line, as a building sewer. Pre-
existing building sewers may be used in connection with said building only when
such connection is approved, in writing, by the Township and said connection
meets the requirements of this Part and any and all other statutes, ordinances,
rules, or regulations as may be otherwise adopted, enacted, and promulgated by
the Township.
Section 321. Inspection Required. No building sewer shall be covered

until it has been inspected and approved by this Township. If any part of a
building sewer is covered before so being inspected and approved, it shall, at
the direction of the Township, be uncovered for inspection at the cost and
expense of the owner of the improved property to be connected to a sewer.
Section 322. Safe Operating Condition. Every building sewer of any

improved property shall be maintained in a sanitary and safe operating condition
by the owner of such improved property.
Section 323. Protection of Public Property. Every excavation for a

building sewer shall be guarded adequately with barricades, lights and/or other
safety devices to protect all persons from damage and injury. Streets,
sidewalks and all other public property disturbed in the course of installation
of a building sewer shall be restored, at the cost and expense of the owner of
the improved property being connected, in a manner satisfactory to the Township,
and in accordance and compliance with any and all statutes, ordinances, rules,
or regulations as may be enacted, adopted, and/or promulgated by the Township
and any other regulatory department, agency, board, or bureau as may have
jurisdiction regarding such public property.
Section 324. Notice of Unsatisfactory Conditions. If any person shall
fail or refuse, upon receipt of a notice from this Township, in writing, to
remedy any unsatisfactory conditions with respect to a building sewer, within
thirty (30) days of receipt of such notice, this Township may refuse to permit
such person to discharge sanitary sewage and industrial wastes into the sewer
system until such unsatisfactory conditions shall have been remedied to the
satisfaction of the Township.
Section 325. Approval by Township. The size and slope of the building
sewer shall be subject to the approval of the Township, but in no event shall
the diameter be less than four inches (4”). The slope of such four inch (4”)
pipe shall not be less than one-quarter inch (1/4”) per foot.
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Section 326. Elevation. Whenever possible, the building sewer shall be

brought to the building at an elevation below the basement floor. No building
sewer shall be laid parallel to or within three feet (3’) of any bearing wall,
which might thereby be weakened. The depth shall be sufficient to afford
protection from frost. The building sewer shall be laid at uniform grade and in
straight alignment insofar as possible. Changes in direction shall be made only
with properly curved pipe and fittings. Cleanouts, in accordance with standards
and specifications as may be adopted by the Township or otherwise directed by
the Township Engineer, are required to be installed and maintained at every one
hundred feet (100’) in length of the building sewer.
Section 327. Artificial Flow. In a building in which the building drain

is too low to permit gravity flow to the public sewer, sanitary sewage carried
by such drain shall be lifted by approved artificial means and discharged to the
building sewer, the specifications, design, and installation of which shall be
subject to the advance review and approval of the Township Engineer.
Section 328. Additional Rules. This Township reserves the right to

adopt, from time to time, additional rules and regulations as it shall deem
necessary and proper relating to connections with a sewer and the sewer system,
which additional rules and regulations, to the extent appropriate, shall be in
the form of a Resolution and shall be construed as a part of this Part.
Subpart F. General Sewer Use Requirements
Section 330. Prohibited Discharge Standards.
(a) General Prohibitions. No user shall introduce or cause to be

introduced into the POTW any pollutant or wastewater which causes pass
through or interference. These general prohibitions apply to all users of
the POTW whether or not they are subject to categorical pretreatment
standards or any other Federal, State or local pretreatment standards or
requirements.
(b) Specific Prohibitions. No user shall introduce or cause to be

introduced into the POTW the following pollutants, substances or
wastewater:
(1) Pollutants which create a fire or explosive hazard in

the POTW, including, but not limited to, wastestreams, with a
closed-cup flashpoint of less than 140ºF (60ºC) using the test
methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 6.0 or more than 9.0,

or otherwise causing corrosive structural damage to the POTW or
equipment;
(3) Solid or viscous substances in amounts which will cause

obstruction of the flow to the POTW resulting in interference with
the proper operation of the POTW. Such substances include, but are
not limited to, ashes, cinders, sand, mud, straw, shavings, metal,
glass, bones, rags, feathers, tar, plastic, wood, paunch, manure,
butchers’ offal, whole blood, bentonite, lye, building materials,
rubber, hair, leather, porcelain, china, ceramic wastes, asphalt,
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paint, waxes, needles or syringes of any type, but in no case

solids greater than two inches (2”) in any dimension.
(4) Pollutants, including oxygen-demanding pollutants (BOD,

etc.), released din a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other
pollutants, will cause interference with the POTW;
(5) Wastewater having a temperature greater than 104ºF or

lower than 32ºF, or which will inhibit biological activity in the
treatment plant resulting in interference, but in no case
wastewater which causes the temperature at the introduction into
the treatment plant to exceed 104ºF (40ºC);
(6) Petroleum oil, non-biodegradable cutting oil, or

products of mineral oil origin, in amounts that will cause
interference or pass through;
(7) Pollutants which result in the presence of toxic gases,

vapors, or fumes within the POTW in a quantity that may cause acute
worker health and safety problems;
(8) Trucked or hauled pollutants;
(9) Noxious or malodorous liquids, gases, solids, or other

wastewater which, either singly or by interaction with other
wastes, are sufficient to create a public nuisance or a hazard to
life, or to prevent entry into the sewers for maintenance or
repair;
(10) Wastewater which imparts color which cannot be removed

by the treatment process, such as, but not limited to, dye wastes
and vegetable tanning solutions, which consequently impart color to
the treatment plant’s effluent, thereby violating the Township’s
NPDES permit. Color (in combination with turbidity) shall not
cause the treatment plant effluent to reduce the depth of the
compensation point for photosynthetic activity by more than ten
percent (10%) from the reasonably established norm for aquatic
life;
(11) Wastewater containing any radioactive wastes or

isotopes except as specifically approved by the Township in
compliance with applicable State or Federal regulations;
(12) Storm water, surface water, ground water, sump pump

discharges, artesian well water, roof runoff, subsurface drainage,
swimming pool drainage, condensate, deionized water, non-contact
cooling water, and unpolluted wastewater, unless specifically
authorized by the Township. Where unauthorized discharge of these
waters into the POTW exists, they shall be remedied in a manner
approved by the Township within ninety (90) days of receipt of a
notice from the Township. In the event such condition is not
remedied, the Township shall cause the condition to be remedied at
the owner’s expense;
(13) Sludges, screenings or other residues from the

pretreatment of industrial wastes;
(14) Medical wastes, except as specifically authorized by

the Township in a wastewater discharge permit;
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(15) Wastewater causing, alone or in conjunction with other

sources, the treatment plant’s effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances

which may cause excessive foaming in the POTW; or
(17) Fats, oils, or greases of animal or vegetable origin in

concentrations greater than 100 mg/L.
Pollutants, substances, or wastewater prohibited by this section

shall not be processed or stored in such a manner that they could be
discharged to the POTW.
Section 331. Federal Categorical Pretreatment Standards. The national

categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N,
Parts 405-471 are hereby incorporated.
Section 332. State Pretreatment Standards. No State pretreatment

standards exist so, in their place, categorical pretreatment standards are
hereby incorporated.
Section 333. Local Limits. The following pollutant limits are

established to protect against pass through and interference. No person shall
discharge wastewater containing in excess of the following instantaneous maximum
allowable discharge limits.
900 mg/L CBOD 5

0.200 mg/L cadmium
2.67 mg/L chromium
1.00 mg/L copper
2.83 mg/L cyanide
2.00 mg/L lead
0.00 mg/L mercury
2.00 mg/L nickel
100 mg/L oil and grease (petroleum, mineral or vegetable
oil products)
2.00 mg/L silver
750 mg/L total suspended solids
2.55 mg/L zinc
0.37 mg/L tin
10.00 mg/L iron
0.80 mg/L phenol
0.025 mg/L arsenic
1,500 mg/L total dissolved solids
75 mg/L ammonia nitrogen
0.09 mg/L selenium
The above limits may be revised by Resolution of Amity Township Board of

Supervisors.
The above limits apply at the point where the wastewater is discharged to
the POTW (end of the pipe). All concentrations for metallic substances are for
“total” metal unless indicated otherwise. The Township may impose mass
limitations in addition to or in place of the concentration-based limitations
above.
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Deductions will be made from these limited substances equal to the

concentrations of each substance that is contained in the potable water supply.
Section 334. Township’s Right of Revision. The Township reserves the

right to adopt, from time to time by ordinance or in wastewater discharge
permits, such additional rules and regulations as it shall deem necessary and
proper relating to connection to and proper operation of the POTW, which rules
and regulations shall be construed as a part of this Part.
Section 335. Special Agreement. The Township reserves the right to enter
into special agreements with users setting out special terms under which they
may discharge to the POTW. In no case will a special agreement waive compliance
with a pretreatment standard or requirement. However, a user may request a net
gross adjustment to a categorical standard in accordance with 40 CFR 403.15. A
user also may request a variance from the categorical pretreatment standard from
the approved authority. Such a request will be approved only if the user can
prove that factors relating to its discharge are fundamentally different from
the factors considered by EPA when establishing that categorical pretreatment
standard. A user requesting a fundamentally different factor variance must
comply with the procedural and substantive provisions in 40 CFR 403.13.
Section 336. Dilution. No user shall ever increase the use of process
water, or in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment standard or
requirement. The Township may impose mass limitations on users who are using
dilution to meet applicable pretreatment standards or requirements, or in other
cases where the imposition of mass limitations is appropriate.
Subpart G. Pretreatment of Wastewater
Section 337. Pretreatment Facilities. Users shall provide wastewater

treatment as necessary to comply with this Part and shall achieve compliance
with all categorical pretreatment standards, local limits and the prohibitions
set out in Section 330 of this Part within the time limitations specified by the
EPA, the State, or the Township, whichever is more stringent. Any facilities
necessary for compliance shall be provided, operated, and maintained at the
user’s expense. Detailed plans describing such facilities and operating
procedures shall be submitted to the Township for review, and shall be
acceptable to the Township before such facilities are constructed. The review
of such plans and operating procedures shall in no way relieve the user from the
responsibility of modifying such facilities as necessary to produce an
acceptable discharge to the Township under the provisions of this Part.
Section 338. Additional Pretreatment Measures. The Township may provide

legal authority to do the following:
(a) Whenever deemed necessary, the Township may require users to

restrict their discharge during peak flow periods, designate that certain
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wastewater be discharged only into specific sewers, relocate and/or

consolidate points of discharge, separate sewage wastestreams from
industrial wastestreams, and such other conditions as may be necessary to
protect the POTW and determine the user’s compliance with the requirements
of this Part.
(b) Each person discharging into the POTW greater than twenty-five
thousand (25,000) gallons per day or greater than five percent (5%) of the
average daily flow in the POTW, whichever is less, shall install and
maintain, on his property and at his expense, a suitable storage and flow
control facility to ensure equalization of flow over a twenty-four
(24)hour period. The facility shall have a capacity for at least fifty
percent (50%) of the daily discharge volume and shall be equipped with
alarms and a rate of discharge controller, the regulation of which shall
be directed by the Township. A wastewater discharge permit may be issued
solely for flow equalization.
(c) Grease, oil, and sand interceptors shall be provided when, in

the opinion of the Township, they are necessary for the proper handling of
wastewater containing excessive amounts of grease and oil, or sand; except
that such interceptors shall not be required for residential users. All
interception units shall be of type and capacity approved by the Township
and shall be so located to be easily accessible for cleaning and
inspection. Such interceptors shall be inspected, cleaned and repaired
regularly, as needed, by the user at his expense. The Township may
require documentation from the user to confirm that adequate grease, oil,
and sand interceptor maintenance is being performed.
(d) Users with the potential to discharge flammable substances may

be required to install and maintain an approved combustible gas detection
meter.
Section 339. Accidental Discharge/Slug Control Plans. At least once

every two (2) years the Township shall evaluate whether each significant
industrial user needs an accidental discharge/slug control plan. The Township
may require any user to develop, submit for approval, and implement such a plan.
Alternatively, the Township may develop such a plan for any user. An
accidental discharge/slug control plan shall address, at a minimum, the
following:
(a) Description of discharge practices, including non-routine

batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the POTW of any

accidental or slug discharge, as required by Section 363 of this Part; and
(d) Procedures to prevent adverse impact from any accidental or

slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer of
materials, loading and unloading operations, control of plant site runoff,
worker training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
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Section 340. Hauled Wastewater. Hauled waste will not be accepted into
the POTW without prior written approval from the Township.
Subpart H. Wastewater Discharge Permit Application
Section 341. Wastewater Analysis. When requested by the Township, a user

must submit information on the nature and characteristics of its wastewater
within thirty (30) days of the request. The Township is authorized to prepare a
form for this purpose and may periodically require users to update this
information.
Section 342. Wastewater Discharge Permit Requirement.
(a) No significant industrial user shall discharge wastewater into

the POTW without first obtaining a wastewater discharge permit from the
Township, except that a significant industrial user that has filed a
timely application pursuant to Section 343 of this Part may continue to
discharge for the time period specified therein.
(b) The Township may require other users to obtain wastewater

discharge permits as necessary to carry out the purposes of this Part. A
fee for other user discharge would follow the schedule established by
Resolution of the Township.
(c) Any violation of the terms and conditions of a wastewater

discharge permit shall be deemed a violation of this Part and subjects the
wastewater discharge permittee to the sanctions set out in Subparts N
through P of this Part. Obtaining a wastewater discharge permit does not
relieve a permittee of its obligation to comply with all Federal and State
pretreatment standards or requirements or with any other requirements of
Federal, State, and local law.
Section 343. Wastewater Discharge Permitting: Existing Conditions. Any

user required to obtain a wastewater discharge permit who was discharging
wastewater into the POTW prior to the effective date of this Part and who wishes
to continue such discharges in the future, shall, within thirty (30) days after
said date, apply to the Township for a wastewater discharge permit in accordance
with a wastewater discharge permit issued by the Township.
Section 344. Wastewater Discharge Permitting: New Connections. Any user

required to obtain a wastewater discharge permit who proposes to begin or
recommence discharging into the POTW must obtain such permit prior to the
beginning or recommencing of such discharge. An application for this wastewater
discharge permit, in accordance with Section 345 of this Part, must be filed at
least thirty (30) days prior to the date upon which any discharge will begin or
recommence.
Section 345. Wastewater Discharge Permit Application Contents. All users

required to obtain a wastewater discharge permit must submit a permit
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application. The Township may require all users to submit as part of an

application the following information:
(a) All information required by Section 358(b) of this Part;
(b) Description of activities, facilities, and plant processes on

the premises, including a list of all raw materials and chemicals used or
stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW;
(c) Number and type of employees, hours of operation, and proposed

or actual hours of operation;
(d) Each product produced by type, amount, process or processes,

and rate of production;
(e) Type and amount of raw materials processed (average and

maximum per day);
(f) Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, floor drains and appurtenances by size,
location and elevation, and all points of discharge;
(g) Time and duration of discharges;
(h) Any other information as may be deemed necessary by the

Township to evaluate the wastewater discharge permit application; and
(i) An application fee to be paid upon submitting a completed

permit application. This fee shall be established by Resolution of the
Township, from time to time.
Incomplete or inaccurate applications will not be processed and will be

returned to the user for revision.
Section 346. Application Signatories and Certification. All wastewater

discharge permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification statement:
“I certify under penalty of law that this document and all

attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility
of fine and imprisonment for knowing violations.”
Section 347. Wastewater Discharge Permit Decisions. The Township will

evaluate the data furnished by the user and may require additional information.
Within thirty (30) days of receipt of a complete wastewater discharge permit
application, the Township will determine whether or not to issue a wastewater
discharge permit. The Township may deny any application for a wastewater
discharge permit.
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Subpart I. Wastewater discharge Permit Issuance Process
Section 348. Wastewater Discharge Permit Duration. A wastewater

discharge permit shall be issued for a specified time period, not to exceed
five (5) years from the effective date of the permit. A wastewater discharge
permit may be issued for a period less than five (5) years, at the discretion of
the Township. Each wastewater discharge permit will indicate a specific date
upon which it will expire. (Ordinance 227, September 5, 2006, Section 1)
Section 349. Wastewater Discharge Permit Contents. A wastewater

discharge permit shall include such conditions as are reasonably deemed
necessary by the Township to prevent pass through or interference, protect the
quality of the water body receiving the treatment plant’s effluent, protect
worker health and safety, facilitate sludge management and disposal, and protect
against damage to the POTW.
(a) Wastewater discharge permits must contain the following

conditions:
(1) A statement that indicates wastewater discharge permit

duration, which in no event shall exceed five (5) years;
(2) A statement that the wastewater discharge permit is

non-transferable without prior notification to and approval from
the Township, and provisions for furnishing the new owner or
operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable pretreatment

standards;
(4) Self-monitoring, sampling, reporting, notification and

recordkeeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling location,
sampling frequency and sample type based on Federal, State and
local law; and
(5) A statement of applicable civil, criminal and

administrative penalties for violation of pretreatment standards
and requirements, and any applicable compliance schedule. Such
schedule may not extend the time for compliance beyond that
required by applicable Federal, State, or local law.
(b) Wastewater discharge permits may contain, but need not be

limited to, the following special conditions:
(1) Limits on the average and/or maximum rate of discharge,

time of discharge, and/or requirements for flow regulation and
equalization;
(2) Requirements for the installation of pretreatment

technology, pollution control or construction of appropriate
containment devices, designed to reduce, eliminate or prevent the
introduction of pollutants into the treatment works;
(3) Requirements for the development and implementation of

spill control plans or other special conditions, including
management practices necessary to adequately prevent accidental,
unanticipated or non-routine discharges;
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(4) Development and implementation of waste minimization

plans to reduce the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees

for the management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of

inspection and sampling facilities and equipment;
(7) A statement that compliance with the wastewater

discharge permit does not relieve the permittee of responsibility
for compliance with all applicable Federal and State pretreatment
standards, including those which become effective during the term
of the wastewater discharge permit; and
(8) Other conditions as deemed appropriate by the Township

to ensure compliance with this Part, and State and Federal laws,
rules, and regulations.
Section 350. Wastewater Discharge Permit Appeals. Any person, including

the user, may petition the Township to reconsider the terms of a wastewater
discharge permit within thirty (30) days of its issuance.
(a) Failure to submit a timely petition for review shall be deemed

to be a waiver of the administrative appeal.
(b) In its petition, the appealing party must indicate the

wastewater discharge permit provisions objected to, the reasons for this
objection, and the alternative condition, if any, it seeks to place in the
wastewater discharge permit.
(c) The effectiveness of the wastewater discharge permit shall not

be stayed pending the appeal.
(d) In the event of an appeal, the Township shall conduct a

hearing and decide the appeal as provided by administrative law and
procedure. In the event, after hearing and decision, the appealing party
wishes to make a further appeal, it may do so by filing an appropriate
appeal to the Court of Common Pleas of Berks County within thirty (30)
days of the final order of the Township.
Section 351. Wastewater Discharge Permit Modification. The Township may

modify the wastewater discharge permit for good cause including, but not limited
to, the following:
(a) To incorporate any new or revised Federal, State or local

pretreatment standards or requirements;
(b) To address significant alterations or additions to the user’s

operation, processes, or wastewater volume or character since the time of
wastewater discharge permit issuance;
(c) A change in the POTW that requires either a temporary or

permanent reduction or elimination of the authorized discharge;
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(d) Information indicating that the permitted discharge poses a

threat to the Township’s POTW, Township personnel, or the receiving
waters;
(e) Violation of any terms or conditions of the wastewater

discharge permit;
(f) Misrepresentations or failure to fully disclose all relevant

facts in the wastewater discharge permit application or in any required
reporting;
(g) Revision of or a grant of variance from categorical

pretreatment standards pursuant to 40 CFR 403.13;
(h) To correct typographical or other errors in the wastewater

discharge permit; or
(i) To reflect a transfer of the facility ownership and/or

operation to a new owner/operator.
Section 352. Wastewater Discharge Permit Transfer. Wastewater discharge

permits may be reassigned or transferred to a new owner and/or operator only if
the permittee gives at least sixty (60) days advance notice to the Township and
the Township approves the wastewater discharge permit transfer. The notice to
the Township must include a written certification by the new owner and/or
operator which:
(a) States that the new owner and/or operator has no immediate
intent to change the facility’s operations and processes;
(b) Identifies the specific date on which the transfer is to

occur; and
(c) Acknowledge full responsibility for complying with the
existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater

discharge permit voidable as of the date of facility transfer.
Section 353. Wastewater Discharge Permit Revocation. Wastewater

discharge permits may be revoked for, but not limited to, the following reasons:
(a) Failure to notify the Township of significant changes to the

wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the Township of a

changed condition pursuant to Section 362 of this Part;
(c) Misrepresentation or failure to fully disclose all relevant

facts in the wastewater discharge permit application;
(d) Falsifying self-monitoring reports;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the Township timely access to the facility

premises and records;
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(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater

discharge permit application;
(l) Failure to provide advance notice of the transfer of business

ownership of a permitted facility; or
(m) Violation of any pretreatment standard or requirement, or any

terms of the wastewater discharge permit or this Part.
Wastewater discharge permits shall be voidable upon cessation of

operations or transfer of business ownership. All wastewater discharge permits
issued to a particular user are void upon the issuance of a new wastewater
discharge permit to that user.
Section 354. Wastewater Discharge Permit Reissuance. A user with an

expiring wastewater discharge permit shall apply for wastewater discharge permit
reissuance by submitting a complete permit application, in accordance with
Section 346 of this Part, a minimum of ninety (90) days prior to the expiration
of the user’s existing wastewater discharge permit. An application fee shall be
submitted along with the completed permit application in the amount as
established by Resolution of the Township, from time to time.

Section 355. Municipal Wastewater Discharge Permits. In the event
another municipality contributes all or a portion of its wastewater to the POTW,
the Township may require such municipality to apply for and obtain a municipal
wastewater discharge permit.
(a) A municipal wastewater discharge permit application shall

include:
(1) A description of the quality and volume of the

wastewater at the point(s) where it enters the POTW;
(2) An inventory of all users discharging to the

municipality;
(3) Such other information as may be required by the

Township; and
(4) An application fee to be paid upon submitting a

completed permit application. This fee shall be established by
Resolution of the Township, from time to time.
(b) A municipal wastewater discharge permit shall contain the

following conditions:
(1) A requirement for the municipal user to adopt a sewer

use ordinance which is at least as stringent as this Part, and
local limits which are at least as stringent as those set out in
Subpart F of this Part. Such ordinance and limits must be revised
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as necessary to reflect changes made to the Township’s sewer use

ordinance and/or local limits;
(2) A requirement for the municipal user to submit a

revised user inventory on at least an annual basis;
(3) A requirement for the municipal user to conduct

pretreatment implementation activities including wastewater
discharge permit issuance, inspection and sampling, and
enforcement; or authorize the Township to take or conduct such
activities on its behalf;
(4) A requirement for the municipal user to provide the

Township with access to all information that the municipal user
obtains as part of its pretreatment activities;
(5) Limits on the nature, quality, and volume of the

municipal user’s wastewater at the point where it discharges to the
POTW;
(6) Requirements for monitoring the municipal user’s

discharge; and
(7) A provision ensuring the Township access to the

facilities of users located in the municipal user’s jurisdiction
for the purpose of inspection, sampling, and any other duties
deemed necessary by the Township.
(c) Violation of the terms and conditions of the municipal user’s

wastewater discharge permit subjects the municipal user to the sanctions
set out in Subparts N through P of this Part.
Section 356. Commercial Wastewater Discharge Permit. In the event that a
commercial user contributes all or a portion of its wastewater to the POTW, the
Township may require such commercial user to apply for and obtain a commercial
wastewater discharge permit. The Township may require a commercial user to have
a discharge permit if, in the opinion of the Township, it is necessary in order
for the Township to operate and maintain the POTW and meet its NPDES
requirements.
(a) A commercial wastewater discharge permit application shall

include:

wastewater at the point where it enters the POTW.
(2) Such information as may be required by the Township.

(b) A commercial wastewater discharge permit may include, but not

be limited to, the following:
(1) Grease trap cleaning requirements.
(2) Flow requirements.
(3) Recycling requirements.
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(4) A provision ensuring the Township access to the

facility during normal hours of business for the purpose of
inspection and sampling.
(c) Violation of the terms and conditions of the commercial user’s

wastewater discharge permit subjects the commercial user to the sanctions
set out in Subparts N through P of this Part.
Section 357. Special Use Discharge Permit. In the event that a user
contributes all or a portion of its wastewater to the POTW and the user is not
considered industrial, commercial or domestic, the Township may require such
user to apply for and obtain a special use discharge permit. The Township may
require a user to have a special use discharge permit if, in the opinion of the
Township, it is necessary in order to operate and maintain the POTW and meet its
NPDES requirements.
(a) A special use discharge permit application shall include:

wastewater at the point where it enters the POTW.
(2) Such information as may be required by the Township.

(b) A special use discharge permit may include, but not be

limited to, the following:
(1) Grease trap cleaning requirements.
(2) Flow requirements.
(3) Recycling requirements.
(4) A provision ensuring the Township access to the user’s

facility during normal hours of business for the purpose of
inspection and sampling.
(c) Violations of the terms and conditions of the special use

discharge permit subjects the special user to the sanctions set out in
Subparts N through P of this Part.
Subpart J. Reporting Requirements
Section. 358 Baseline Monitoring Reports.
(a) Within either one hundred and eighty (180) days after the
effective date of a categorical pretreatment standard, or the final
administrative decision on a category determination under
40 CFR 403.6(a)(4) (whichever is later), existing categorical users
currently discharging to or scheduled to discharge to the POTW shall be
required to submit to the Township a report which contains the information
listed in Subsection (b) below. At least ninety (90) days prior to
commencement of their discharge, new sources, and sources that become
categorical users subsequent to the promulgation of an applicable
categorical standard, shall be required to submit to the Township a report
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which contains the information listed in Paragraph b below. A new source

shall also be required to report the method of pretreatment it intends to
use to meet applicable categorical standards. A new source shall also
give estimates of its anticipated flow and quantity of pollutants
discharged.
(b) Users described above shall submit the information set forth
below.
(1) Identifying Information. The name and address of the

facility, including the name of the operator and owner.
(2) Environmental Permits. A list of any environmental

control permits held by or for the facility.
(3) Description of Operations. A brief description of the

nature, average rate of production, and standard industrial
classifications of the operation(s) carried out by such user. This
description should include a schematic process diagram which
indicates points of discharge to the POTW from the regulated
processes.
(4) Flow Measurement. Information showing the measured

average daily and maximum daily flow, in gallons per day, to the
POTW from regulated process streams and other streams, as
necessary, to allow use of the combined wastestream formula set out
in 40 CFR 403.6(e).
(5) Measurement of Pollutants.
(i) The categorical pretreatment standards applicable

to each regulated process.
(ii) The results of sampling and analysis identifying

the nature and concentration (and/or mass, where required by
the standard or by the Township) of regulated pollutants in
the discharge from each regulated process. Instantaneous,
daily maximum, and long-term average concentrations (or mass,
where required) shall be reported. The sample shall be
representative of daily operations and shall be analyzed in
accordance with procedures set out in Section 367 of this
Part.
(iii) Sampling must be performed in accordance with

procedures set out in Section 368 of this Part.
(6) Certification. A statement, reviewed by the user’s

authorized representative and certified by a qualified
professional, indicating whether pretreatment standards are being
met on a consistent basis and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required to
meet the pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment and/or

O&M will be required to meet the pretreatment standards, the
shortest schedule by which the user will provide such additional
pretreatment and/or O&M. The completion date in this schedule
shall not be later than the compliance date established for the
applicable pretreatment standard. A compliance schedule pursuant
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to this section must meet the requirements set out in Section 359
of this Part.
(8) Signature and Certification. All baseline monitoring

reports must be signed and certified in accordance with Section 346
of this Part.
Section 359. Compliance Schedule Progress Report. The following

condition shall apply to the schedule required by Section 358(b)(7) of this
Part:
(a) The schedule shall contain progress increments in the form of

dates for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for the
user to meet the applicable pretreatment standards (such events include,
but are not limited to, hiring an engineer, completing preliminary and
final plans, executing contracts for major components, commencing and
completing construction, beginning and conducting routine operation);
(b) No increment referred to above shall exceed nine (9) months;
(c) The user shall submit a progress report to the Township no

later than fourteen (14) days following each date in the schedule and the
final date of compliance including, as a minimum, whether or not it
complied with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the
established schedule; and
(d) In no event shall more than nine (9) months elapse between
such progress reports to the Township.
Section 360. Report on Compliance with Categorical Pretreatment Standard

Deadline. Within ninety (90) days following the date for final compliance with
applicable categorical pretreatment standards, or in the case of a new source
following commencement of the introduction of wastewater into the POTW, any user
subject to such pretreatment standards and requirements shall submit to the
Township a report containing the information described in Section 358(b)(4-6) of
this Part. For users subject to equivalent mass or concentration limits
established in accordance with the procedures in 40 CFR 403.6(c), this report
shall contain a reasonable measure of the user’s long-term production rate. For
all other users subject to categorical pretreatment standards expressed in terms
of allowable pollutant discharge per unit of production (or other measure of
operation), this report shall include the user’s actual production during the
appropriate sampling period. All compliance reports must be signed and
certified in accordance with Section 346 of this Part. (Ordinance 227,
Section 361. Periodic Compliance Reports.
(a) All significant industrial users shall, at a frequency

determined by the Township but in no case less than twice per year (in
June and December), submit a report indicating the nature and
concentration of pollutants in the discharge which are limited by
pretreatment standards and the measured or estimated average and maximum
daily flows for the reporting period. All periodic compliance reports
must be signed and certified in accordance with Section 346 of this Part.
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(b) All wastewater samples must be representative of the user’s

discharge. Wastewater monitoring and flow measurement facilities shall be
properly operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample
results are unrepresentative of its discharge.
(c) If a user subject to the reporting requirements in this

section monitors any pollutant more frequently than required by the
Township, using the procedures prescribed in Section 368 of this Part, the
results of this monitoring shall be included in the report.
Section 362. Report of Changed Conditions. Each user must notify the
Township of any planned significant changes to the user’s operations or system
which might alter the nature, quality, or volume of its wastewater at least
thirty (30) days before the change.
(a) The Township may require the user to submit such information
as may be deemed necessary to evaluate the changed condition, including
the submission of a wastewater discharge permit application under Section
345 of this Part.
(b) The Township may use a wastewater discharge permit under

Section 347 of this Part or modify an existing wastewater discharge permit
under Section 351 of this Part in response to changed conditions or
anticipated changed conditions.
(c) For purposes of this requirement, significant changes include,

but are not limited to, flow increases of ten percent (10%) or greater,
and the discharge of any previously unreported pollutants.
Section 363. Reports of Potential Problems.
(a) In the case of any discharge including, but not limited to,
accidental discharges, discharges of a non-routine, episodic nature, a
non-customary batch discharge, or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify the
Township of the incident. This notification shall include the location of
the discharge, type of waste, concentration and volume (if known), and
corrective actions taken by the user.
(b) Within five (5) days following such discharge, the user shall,
unless waived by the Township, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the user to
prevent similar future occurrences. Such notification shall not relieve
the user of any expense, loss, damage, or other liability which may be
incurred as a result of damage to the POTW, natural resources, or any
other damage to person or property; nor shall such notification relieve
the user of any fines, civil penalties, or other liability which may be
imposed pursuant to this Part.
(c) Failure to notify the Township of potential problem discharges

shall be deemed a violation of this Part.
(d) A notice shall be permanently posted on the user’s bulletin

board or other prominent place advising employees whom to call in the
event of a discharge described in Paragraph (a) above. Employers shall
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ensure that all employees who may cause such a discharge to occur are
advised of the emergency notification procedure.
Section 364. Reports from Unpermitted Users. All users not required to
obtain a wastewater discharge permit shall provide appropriate reports to the
Township as the Township may require. (Ordinance 227, September 5, 2006,
Section 1)
Section 365. Notice of Violation/Repeat Sampling and Reporting. If

sampling performed by a user indicates a violation, the user must notify the
Township within twenty-four (24) hours of becoming aware of the violation. The
user shall also repeat the sampling and analysis and submit the results of the
repeat analysis to the Township within thirty (30) days after becoming aware of
the violation. The user is not required to resample if the Township monitors at
the user’s facility at least once a month, or if the Township samples between
the user’s initial sampling and when the user receives the results of this
sampling.
Section 366. Notification of the Discharge of Hazardous Waste. The

discharge of hazardous waste into the sewer system is prohibited.
Section 367. Analytical Requirements. All pollutant analyses, including

sampling techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling
or analytical techniques for the pollutant in question, sampling and analyses
must be performed in accordance with procedures approved by EPA.
Section 368. Sample Collection.
(a) Except as indicated in Section b below, the user must collect

wastewater samples using flow proportional composite collection
techniques. In the event flow proportional sampling is infeasible, the
Township may authorize the use of time proportional sampling or a minimum
of four (4) grab samples where the user demonstrates that this will
provide a representative sample of the effluent being discharged. In
addition, grab samples may be required to show compliance with
instantaneous discharge limits.
(b) Samples for oil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic chemicals must be obtained using grab
collection techniques.
Section 369. Timing. Written reports will be deemed to have been

submitted on the date postmarked. For reports which are not mailed, postage
prepaid, into a mail facility serviced by the United States Postal Service, the
date of receipt of the report shall govern.
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Section 370. Record Keeping. Users subject to the reporting requirements

of this Part shall retain, and make available for inspection and copying, all
records of information obtained pursuant to any monitoring activities required
by this Part and any additional records of information obtained pursuant to
monitoring activities undertaken by the user independent of such requirements.
Records shall include the date, exact place, method, and time of sampling and
the name of the person(s) taking the samples; the dates analyses were performed;
who performed the analyses; the analytical techniques or methods used; and the
results of such analyses. These records shall remain available for a period of
at least three (3) years. This period shall be automatically extended for the
duration of any litigation concerning the user or the Township, or where the
user has been specifically notified of a longer retention period by the
Township.
Subpart K. Compliance Monitoring
Section 371. Right of Entry: Inspection and Sampling. The Township

shall have the right to enter the premises of any user to determine whether the
user is complying with all requirements of this Part, and any permit or order
issued hereunder. Users shall allow the Township ready access to all parts of
the premises for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
(a) Where a user has security measures in force which require

proper identification and clearance before entry into its premises, the
user shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Township will be
permitted to enter without delay for the purposes of performing specific
responsibilities.
(b) The Township shall have the right to set up on the user’s
property, or require installation of, such devices as are necessary to
conduct sampling and/or metering of the user’s operations.
(c) The Township may require the user to install monitoring

equipment as necessary. The facility’s sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated quarterly to ensure their accuracy
and certificates of calibration shall be sent to the Township.
(d) Any temporary or permanent obstruction to safe and easy access

to the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Township and shall not
be replaced. The costs of clearing such access shall be borne by the
user.
(e) Unreasonable delays in allowing the Township access to the

user’s premises shall be a violation of this Part.
Section 372. Search Warrants. If the Township has been refused access to
a building, structure, or property, or any part thereof, and is able to
demonstrate probable cause to believe that there may be a violation of this
Part, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the Township designed to verify compliance
with this Part or any permit or order issued hereunder, or to protect the
overall public health, safety, and welfare of the community, then the Township
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may seek issuance of a search and/or seizure warrant from the Berks County
Court.
Subpart L. Confidential Information
Section 373. Confidential Information. Information and data on a user

obtained from reports, surveys, wastewater discharge permit applications,
wastewater discharge permits, and monitoring programs, and from the Township’s
inspection and sampling activities shall be available to the public without
restriction, unless the user specifically requests, and is able to demonstrate
to the satisfaction of the Township, that the release of such information would
divulge information, processes, or methods of production entitled to protection
as trade secrets under applicable State law. Any such request must be asserted
at the time of submission of the information or data. When requested and
demonstrated by the user furnishing a report that such information should be
held confidential, the portions of a report which might disclose trade secrets
or secret processes shall not be made available for inspection by the public,
but shall be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program, and in
enforcement proceedings involving the person furnishing the report. Wastewater
constituents and characteristics and other “effluent data” as defined by 40 CFR
2.302 will not be recognized as confidential information and will be available
to the public without restriction.
Subpart M. Publication of Users in significant Non-Compliance
Section 374. Publication of Users. The Township shall publish annually,

in the largest daily newspaper published in the municipality where the POTW is
located, a list of the users which, during the previous twelve (12) months, were
in significant non-compliance with applicable pretreatment standards and
requirements. The term significant non-compliance shall mean:
(a) Chronic violations of wastewater discharge limits, defined

here as those in which sixty-six percent (66%) or more of wastewater
measurements taken during a six-month period exceed the daily maximum
limit or average limit for the same pollutant parameter by any amount;
(b) Technical Review Criteria (TRC) violations, defined here as

those in which thirty-three percent (33%) or more of wastewater
measurements taken for each pollutant parameter during a six-month period
equals or exceeds the product of the daily maximum limit or the average
limit multiplied by the applicable criteria (6.4 for BOD, TSS, fats, oils,
and grease, and 6.2 for all other pollutants except pH);
(c) Any other discharge violation that the Township believes has
caused, alone or in combination with other discharges, interference or
pass through (including endangering the health of POTW personnel or the
general public);
(d) Any discharge of pollutants that has caused imminent

endangerment to the public or to the environment, or has resulted in the
Township’s exercise of its emergency authority to halt or prevent such a
discharge;
(e) Failure to meet, within ninety (90) days of the scheduled

date, a compliance schedule milestone contained in a wastewater discharge
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permit or enforcement order for starting construction, completing

construction, or attaining final compliance;
(f) Failure to provide within thirty (30) days after the due date
any required reports, including baseline monitoring reports, reports on
compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports, and reports on compliance with compliance
schedules;
(g) Failure to accurately report non-compliance; or
(h) Any other violation(s) which the Township determines will

adversely affect the operation or implementation of the local pretreatment
program.
Subpart N. Administrative Enforcement Remedies
Section 375. Notification of Violation. When the Township finds that a

user has violated (or continues to violate) any provision of this Part, a
wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Township may serve upon that user a written Notice
of Violation. Within seven (7) days of the receipt of this notice, an
explanation of the violation and a plan for the satisfactory correction and
prevention thereof, to include specific required actions, shall be submitted by
the user to the Township. Submission of this plan in no way relieves the user
of liability for any violations occurring before or after receipt of the Notice
of Violation. Nothing in this section shall limit the authority of the Township
to take any action, including emergency actions or any other enforcement action,
without first issuing a Notice of Violation.
Section 376. Consent Orders. The Township may enter into Consent Orders,
assurances of voluntary compliance, or other similar documents establishing an
agreement with any user responsible for non-compliance. Such documents will
include specific action to be taken by the user to correct the non-compliance
within a time period specified by the document. Such documents shall have the
same force and effect as the administrative orders issued pursuant to Sections
378 and 379 of this Part and shall be judicially enforceable.
Section 377. Show Cause Hearing. The Township may order a user which has
violated or continues to violate any provision of this Part, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard
or requirement, to appear before the Township and show cause why the proposed
enforcement action should not be taken. Notice shall be serviced on the user
specifying the time and place for the meeting, the proposed enforcement action,
the reasons for such action, and a request that the user show cause why the
proposed enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered mail (return receipt requested) at
least ten (10) days prior to the hearing. Such notice may be served on any
authorized representative of the user. A show cause hearing shall not be a bar
against, or prerequisite for, taking any other action against the user.
Section 378. Compliance Orders. When the Township finds that a user has
violated or continues to violate any provision of this Part, a wastewater
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discharge permit or order issued hereunder, or any other pretreatment standard

or requirement, the Township may issue an order to the user responsible for the
discharge directing that the user come into compliance within fifteen (15) days.
If the user does not come into compliance within thirty (30) days, sewer
service shall be discontinued unless adequate treatment facilities, devices, or
other related appurtenances are installed and properly operated. Compliance
orders may also contain other requirements to address the non-compliance,
including additional self-monitoring, and management practices designed to
minimize the amount of pollutants discharged to the sewer. A compliance order
may not extend the deadline for compliance established for a Federal
pretreatment standard or requirement, nor does a compliance order relieve the
user of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
Section 379. Cease and Desist Orders. When the Township finds that a
user has violated (or continues to violate) any provision of this Part, a
wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, or that the user’s past violations are likely to recur,
the Township may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventive action as may be

needed to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a

prerequisite for, taking any other action against the user.
Section 380. Administrative Fines.
(a) When the Township finds that a user has violated or continues
to violate any provision of this Part, a wastewater discharge permit or
order issued hereunder, or any other pretreatment standard or requirement,
the Township may fine such user in an amount not to exceed One Thousand
Dollars ($1,000.00). Such fines shall be assessed on a per violation, per
day basis. In the case of monthly or other long-term average discharge
limits, fines shall be assessed for each day during the period of
violation.
(b) Unpaid charges, fines, and penalties shall, after fifteen (15)
calendar days, be assessed an additional penalty of ten percent (10%) of
the unpaid balance, and interest shall accrue thereafter at a rate of one
percent (1%) per month. A lien against the user’s property will be sought
for unpaid charges, fines, and penalties.
(c) Users desiring to dispute such fines must file a written

request for the Township to reconsider the fine along with full payment of
the fine amount within ten (10) days of being notified of the fine. Where
a request has merit, the Township may convene a hearing on the matter. In
the event the user’s appeal is successful, the payment, together with any
interest accruing thereto, shall be returned to the user. The Township
may add the costs of preparing administrative enforcement actions, such as
notices and orders, to the fine.
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(d) Issuance of an administrative fine shall not be a bar against,

or a prerequisite for, taking any other action against the user.
Section 381. Emergency Suspensions. The Township may immediately suspend

a user’s discharge (after informal notice to the user) whenever such suspension
is necessary to stop an actual or threatened discharge which reasonably appears
to present or cause an imminent or substantial endangerment to the health or
welfare of persons. The Township may also immediately suspend a user’s
discharge (after notice and opportunity to respond) that threatens to interfere
with the operation of the POTW, or which presents or may present an endangerment
to the environment.
(a) Any user notified of a suspension of its discharge shall

immediately stop or eliminate its contribution. In the event of a user’s
failure to immediately comply voluntarily with the suspension order, the
Township may take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the
POTW, its receiving stream, or endangerment to any individuals. The
Township may allow the user to recommence its discharge when the user has
demonstrated to the satisfaction of the Township that the period of
endangerment has passed, unless the termination proceedings in Section 382
of this Part are initiated against the user.
(b) A user that is responsible, in whole or in part, for any

discharge presenting imminent endangerment shall submit a detailed written
statement, describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence, to the Township prior to
the date of any show cause or termination hearing under Sections 377 and
382 of this Part.
Nothing in this section shall be interpreted as requiring a hearing prior to any

emergency suspension under this Section.
Section 382. Termination of Discharge. In addition to the provisions in

Section 346 of this Part, any user who violates the following conditions is
subject to discharge termination:
(a) Violation of wastewater discharge permit conditions;
(b) Failure to accurately report the wastewater constituents and

characteristics of its discharge;
(c) Failure to report significant changes in operations or

wastewater volume, constituents, and characteristics prior to discharge;
(d) Refusal of reasonable access to the user’s premises for the

purposes of inspection, monitoring, or sampling; or
(e) Violation of the pretreatment standards in Subpart E of this

Part.
Such user will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under Section 377 of this Part why the
proposed action should not be taken. Exercise of this option by the Township
shall not be a bar to, or a prerequisite for, taking any other action against
the user.
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Subpart O. Judicial Enforcement Remedies
Section 383. Injunctive Relief. When the Township finds that a user has
violated (or continues to violate) any provision of this Part, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard
or requirement, the Township may petition the Berks County Court through the
Township’s Attorney for the issuance of a temporary or permanent injunction, as
appropriate, which restrains or compels the specific performance of the
wastewater discharge permit, order, or other requirements imposed by this Part
on activities of the user. The Township may also seek such other action as is
appropriate for legal and/or equitable relief, including a requirement for the
user to conduct environmental remediation. A petition for injunctive relief
shall not be a bar against, or a prerequisite for, taking any other action
against a user. (Ordinance 227, September 5, 2006, Section 1)
Section 384. Civil Penalties.
(a) An Industrial User who willfully or negligently violates any

pretreatment standards and/or requirements may be assessed a civil penalty
by the Township in an amount not to exceed Twenty-Five Thousand Dollars
($25,000.00) per day for each violation, regardless of jurisdictional
boundaries. Each violation for each separate day shall constitute a
separate and distinct offense under this Section.
(b) For purposes of this Section, a single operational upset which

leads to simultaneous violations of more than one pretreatment standard or
requirement shall be treated as a single violation as required by the
Federal Water Pollution Control Act.
(c) In addition to the civil penalty, the Township may recover the
costs for re-establishing the operation of the POTW.
(d) The Township shall include as part of the notice of an

assessment of civil penalties a description of the appeals process to be
followed, including the name, address, and telephone number of the person
responsible for accepting such appeal.
(e) The Township may publicly adopt a formal, written civil

penalty assessment policy and make it publicly available. Each industrial
discharger with an industrial waste discharge permit shall be given
written notice of the policy. In developing the penalty assessment
policy, the POTW shall consider damage to air, water, land, or other
natural resources of this Commonwealth and their uses; cost of restoration
and abatement; savings resulting to the person in consequence of the
violation; history of past violations; deterrence of future violations;
and other relevant factors.
(f) Civil penalties collected pursuant to this act shall be placed

in a restricted account and shall only be used by the POTW for the repair
of damage and any additional maintenance needed or any additional costs
imposed as a result of the violation for which the penalty was imposed, to
pay any penalties imposed on the POTW by the Federal or State government
for violation of pretreatment standards, for the costs incurred by the
POTW to investigate and take the enforcement action that resulted in a
penalty being imposed, for the monitoring of discharges in the
pretreatment program and for capital improvements to the treatment works,
including sewage collection lines, which may be required by the
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pretreatment program. Any remaining funds may be used for capital

improvements to the treatment works, including collection lines.
(g) The industrial user charged with the penalty shall have thirty
(30) days to pay the proposed penalty in full or, if the industrial user
wishes to contest either the amount of the penalty or the fact of the
violation, the industrial user must file an appeal within thirty (30) days
pursuant to 2 Pa. C.S. (relating to administrative law and procedure).
Failure to appeal within this period shall result in a waiver of all legal
rights to contest the violation or the amount of the penalty. In the
event of an appeal, the Township shall conduct a hearing and decide the
appeal as provided by administrative law and procedure. In the event,
after hearing and decision, the industrial user wishes to make a further
appeal, it may do so by filing an appropriate appeal to the Court of
Common Pleas of Berks County within thirty (30) days of the final order of
the Township.
Section 385. Criminal Prosecution.
(a) A user who violates any provision of this Part, a wastewater

discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement shall, upon conviction, be guilty of a summary
offense and be subject to a fine of not more than One Thousand Dollars
($1,000.00) per violation, per day.
(b) A user who introduces any substance into the POTW which causes
personal injury or property damage shall, upon conviction, be guilty of a
summary offense and be subject to a fine not more than One Thousand
Dollars ($1,000.00). This fine shall be in addition to any other cause of
action for personal injury or property damage available under State law.
(c) A user who knowingly made any false statements,

representations, or certifications in any application, record, report,
plan, or other documentation filed, or required to be maintained, pursuant
to this Part, wastewater discharge permit, or order issued hereunder, or
who falsified, tampered with, or knowingly rendered inaccurate any
monitoring device or method required under this Part shall, upon summary
conviction, be punished by a fine of not more than One Thousand Dollars
($1,000.00) per violation per day.
Section 386. Remedies Non-Exclusive. The remedies provided for in this

Part are not exclusive. The Township may take any, all, or any combination of
these actions against a non-compliant user. Enforcement of pretreatment
violations will generally be in accordance with this Part unless the Township
chooses to develop and adopt an enforcement response plan. However, the Township
may take other action against any user when the circumstances warrant. Further,
the Township is empowered to take more than one enforcement action against any
non-compliant user. These actions may be taken concurrently.
Subpart P. Supplemental Enforcement Action
Section 387. Performance Bonds. The Township may decline to issue or

reissue a wastewater discharge permit to any user who has failed to comply with
any provision of this Part, a previous wastewater discharge permit or order
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issued hereunder, or any other pretreatment standard or requirement unless such

user first files a satisfactory bond, payable to the Township, in the sum not to
exceed a value determined by the Township to be necessary to achieve consistent
compliance.
Section 388. Liability Insurance. The Township may decline to issue or

reissue a wastewater discharge permit to any user who has failed to comply with
any provision of this Part, a previous wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement, unless the
user first submits proof that it has obtained financial assurances sufficient to
restore or repair damage to the POTW caused by its discharge.
Section 389. Water Supply Severance. Whenever a user has violated or

continues to violate any provision of this Part, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the Township will request that the public water supplier sever the water service
to the user. Service will only recommence, at the user’s expense, after it has
satisfactorily demonstrated its ability to comply.
Section 390. Informant Rewards. The Township may pay up to One Hundred
Dollars ($100.00) for information leading to the discovery of non-compliance by
a user. In the event that the information provided results in an administrative
fine or civil penalty levied against the user, the Township may dispense up to
ten percent (10%) of the collected fine or penalty to the informant. However, a
single reward payment may not exceed One Hundred Dollars ($100.00).
Section 391. Contractor Listing. Users which have not achieved

compliance with applicable pretreatment standards and requirements are not
eligible to receive a contractual award for the sale of goods or services to the
Township. Existing contracts for the sale of goods or services to the Township
held by a user found to be in significant non-compliance with pretreatment
standards or requirements may be terminated at the discretion of the Township.
Subpart Q. Affirmative Defenses to Discharge Violations
Section 392. Upset.
(a) For the purposes of this section, “upset” means an exceptional

incident in which there is unintentional and temporary non-compliance with
categorical pretreatment standards because of factors beyond the
reasonable control of the user. An upset does not include non-compliance
to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive
maintenance or careless or improper operation.
(b) An upset shall constitute an affirmative defense to an action

brought for non-compliance with categorical pretreatment standards if the
requirements of Subsection (c) are met.
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(c) A user who wishes to establish the affirmative defense of

upset shall demonstrate, through properly signed, contemporaneous
operating lots or other relevant evidence that:
(1) An upset occurred and the user can identify the

cause(s) of the upset;
(2) The facility was at the time being operated in a

prudent and workmanlike manner and in compliance with applicable
operation and maintenance procedures; and
(3) The user has submitted the following information to the

Township and treatment plant operator within twenty-four (24) hours
of becoming aware of the upset (if this information is provided
orally, a written submission must be provided within five (5)
days):
(i) A description of the indirect discharge and cause

of non-compliance;
(ii) The period of non-compliance, including exact

dates and times or, if not corrected, the anticipated time
the non-compliance is expected to continue; and
(iii) Steps being taken and/or planned to reduce,

eliminate, and prevent recurrence of the non-compliance.
(d) In any enforcement proceeding, the user seeking to establish

the occurrence of an upset shall have the burden of proof.
(e) Users will have the opportunity for a judicial determination

on any claim of upset only in an enforcement action brought for non-
compliance with categorical pretreatment standards.
(f) Users shall control production of all discharges to the extent

necessary to maintain compliance with categorical pretreatment standards
upon reduction, loss, or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided.
This requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost or
fails.
Section 393. Prohibited Discharge Standards. A user shall have an

affirmative defense to an enforcement action brought against it for
non-compliance with the general prohibitions in Subsection 330(a) of this Part
or the specific prohibitions in Subsection 330(b)(3) of this Part if it can
prove that it did not know or have reason to know that its discharge, alone or
in conjunction with discharges from other sources, would cause pass through or
interference and that either: (a) a local limit exists for each pollutant
discharged and the user was in compliance with each limit directly prior to, and
during, the pass through or interference; or (b) no local limit exists, but the
discharge did not change substantially in nature or constituents from the user’s
prior discharge when the Township was regularly in compliance with its NPDES
permit, and in the case of interference, was in compliance with applicable
sludge use or disposal requirements.
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Section 394. Bypass.
(a) For the purposes of this Section:
(1) “Bypass” means the intentional diversion of

wastestreams from any portion of a user’s treatment facility.
(2) “Severe property damage” means substantial physical

damage to property, damage to the treatment facilities which causes
them to be inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence
of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
(b) A user may allow any bypass to occur which does not cause
pretreatment standards or requirements to be violated, but only if it also
is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provision of Subsections (c) and (d) of
this Section.
(c) If a user knows in advance of the need for a bypass, it shall

submit prior notice to the Township, at least ten (10) days before the
date of the bypass, if possible.
A user shall submit oral notice to the Township of an

unanticipated bypass that exceeds applicable pretreatment standards within
twenty-four (24) hours from the time it becomes aware of the bypass. A
written submission shall also be provided within five (5) days of the time
the user becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration of the
bypass, including exact dates and times, and, if the bypass has not been
corrected, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate and prevent reoccurrence of the
bypass. The Township may waive the written report on a case-by-case basis
if the oral report has been received within twenty-four (24) hours.
(d) Bypass is prohibited, and the Township may take an enforcement

action against a user for a bypass, unless:
(1) Bypass was unavoidable to prevent loss of life,

personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such

as the use of auxiliary treatment facilities, retention of
untreated wastes or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate back-up
equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
(3) The user submitted notices as required under

Subsection (c) of this Section.
The Township, after consulting with its Consulting Engineer, may

approve an anticipated bypass, after considering its adverse effects, if
they determine that it will meet the three conditions listed in
Subsection (d) above.
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Subpart R. Miscellaneous Provisions
Section 395. Pretreatment Charges and Fees. The Township may adopt
reasonable fees for reimbursement of costs of setting up and operating a
Pretreatment Program which may include:
(a) Fees for wastewater discharge permit applications including

the cost of processing such applications;
(b) Fees for monitoring, inspection, and surveillance procedures

including the cost of collection and analyzing a user’s discharge, and
reviewing monitoring reports submitted by users;
(c) Fees for reviewing and responding to accidental discharge

procedures and construction;
(d) Fees for filing appeals; and
(e) Other fees as the Township may deem necessary to carry out the
requirements contained herein. These fees relate solely to the matters
covered by this Part and are separate from all other fees, fines, and
penalties chargeable by the Township.
All fees may be updated by Resolution of the Township.
Section 396. Extraordinary Maintenance Charge. Any person discharging

any waste which, in the judgment of the Township, causes any extraordinary
maintenance expenses shall be billed by the Township in the amount of said
expenses. The billing amount shall be determined by the Township and shall
include charges for labor of Township personnel and other costs incurred by the
Township.
Section 397. Severability. If any provision of this Part is invalidated

by any court of competent jurisdiction, the remaining provisions shall not be
affected and shall continue in full force and effect.
Subpart S. Determination of Charges for Strong Wastes
Section 398. Strong Waste Surcharges. There may be additional charges

for wastes having concentrations of BOD, suspended solids, dissolved solids,
ammonia-nitrogen, and phosphorus in excess of the average concentration of these
pollutants in normal domestic waste. Normal domestic waste shall be considered
as having the following concentrations:
(a) CBOD 5 – 300 mg/L
(b) Suspended solids – 250 mg/L
(c) Dissolved solids – 500 mg/L
(d) Ammonia nitrogen – 25 mg/L
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Maximum acceptable wastewater strength concentrations are as follows:
(w) CBOD 5 – 900 mg/L
(x) Suspended solids – 750 mg/L
(y) Dissolved solids – 1,500 mg/L
(z) Ammonia nitrogen – 75 mg/L
Section 399. Strong Waste Surcharge Formula. In order to determine the

additional charges for wastes with strength greater than that of domestic waste,
the following formula shall be used:
S Q = 0.00834 Q I [(CBOD 5 – 300) TC BOD + (SS I – 250) TC SS + (DS I – 500)

TC DS + (NH 3 N I -25) TC NH3N ]
Where:
S Q is the quarterly surcharge to be added to the normal sewer rent.
0.00834 is a constant to convert waste concentrations expressed in

mg/L to thousands of pounds of waste.
Q I is the quarterly waste flow expressed in million gallons.
CBOD 5 , SS I , DS I , and NH 3 N I are the respective concentrations of

CBOD 5 , suspended solids, dissolved solids, and ammonia nitrogen of the
waste expressed in mg/L.
300, 250, 500, and 25 are constants which express the waste load
concentrations in mg/L for normal domestic waste.
TC CBOD5 is the treatment cost incurred by the Township as updated

annually per 1,000 pounds of CBOD 5 .
TC SS is the treatment cost incurred by the Township as updated

annually per 1,000 pounds of suspended solids.
TC DS is the treatment cost incurred by the Township as updated

annually per 1,000 pounds of dissolved solids.
TC NH3N is the treatment cost incurred by the Township as updated

annually per 1,000 pounds of ammonia nitrogen.
When a value of CBOD, suspended solids, dissolved solids and/or ammonia nitrogen
is less than the normal domestic waste concentration set forth in the strong
waste surcharge formula, then the normal domestic waste concentration shall be
used in the calculation of strong waste surcharge. The Township may choose not
to apply the surcharge formula for any of the above parameters depending on the
parameters listed in its NPDES permit.
Section 400. Additional Surcharges. The formula specified in Section 399

of this Part is to determine additional charges or surcharges for the treatment
of wastes having concentrations of CBOD5, suspended solids, dissolved solids and
ammonia nitrogen in excess of those of domestic waste. It is, however,
recognized that the discharge of any waste or other substance containing any one
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of the prohibited substances listed in Section 330 may result in extraordinary

laboratory, labor, maintenance and/or treatment expenses to the Township.
Hence, in the event of the discharge of any wastes or other matters or substance
containing any one of the prohibited substances listed in Section 330 or
Section 334 multiplied by the TRC, the Township shall have the power to bill the
owner of the property from which such discharge is made an additional surcharge
of Three Hundred Dollars ($300.00). Each day that such discharge is made shall
result in a separate Three Hundred Dollar ($300.00) additional surcharge. This
Three Hundred Dollar ($300.00) charge shall be in addition to the normal sewer
rental and/or any strong waste surcharge as incurred under Section 399 of this
Part.
Section 401. Methods of Payment of Extra Charges by Industrial Users. The

strong waste surcharge shall be paid quarterly. The Township shall cause the
water meter of each industrial user where the wastewater flow determination is
based upon metered water consumption, and the wastewater meter where the
wastewater flow determination is based upon wastewater flow measurement, to be
read on a quarterly basis, and the Township shall cause strong waste surcharge
bills to be mailed forthwith following each reading.
(a) The Township shall cause periodic sampling of the wastewater

discharged by each industrial user in accordance with Section 403 of this
Part.
(b) The analysis of the sample shall be the basis for computing
strong waste surcharges.
(c) Bills for strong waste surcharge shall be mailed to the

owner’s address specified on the industrial waste permit. Failure to
receive a bill as a result of incorrect address or otherwise shall not
excuse non-payment of charges or extend the time for payment.
(c) The strong waste surcharge formula will be updated annually

using current operation and maintenance costs and wasteload quantities to
reflect actual costs to remove specific pollutants.
Section 402. New Industrial Users. A new industrial user is one which
connects to the treatment works after the effective date of this Section.
Strong waste surcharge payments by a new industrial user shall begin on the date
treatment works use is initiated and continue indefinitely.
Subpart T. Measurement of Concentration of Industrial Waste
Section 403. Industrial Waste Sampling. Industrial wastes being

discharged into the sewer system shall be subject to sampling and inspection to
be used as a basis for determining additional charges due to excessive
concentrations of CBOD 5 , suspended solids, dissolved solids, ammonia nitrogen,
and/or substances prohibited in Section 330 of this Part. Such sampling and
inspection shall be made by the Township as frequently as may be deemed
necessary. The analysis of the sample so obtained shall be the basis for
computing additional charges in accordance with Section 401 of this Part. The
cost of such sampling and testing thereof shall be borne by the user.
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The industry may request that samples be taken in addition to the samples
taken by the Township. The cost of making this collection and analysis shall be
borne by the user.
Samples and the analysis of samples shall be made in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified in an
applicable categorical pretreatment standard. If 40 CFR Part 136 does not
contain sampling or analytical techniques for the pollutant in question,
sampling and analyses must be performed in accordance with procedures approved
by EPA.
Section 404. Control Manhole. When required by the Township, the owner
of any property discharging industrial waste into the sewer system shall install
a suitable control manhole together with such necessary meters and other
appurtenances in the building sewer to facilitate observation, sampling, and
measurement of the waste. Such manhole, when required, shall be accessible and
safely located, and shall be constructed in accordance with plans approved by
the Township. The manhole shall be installed by the property owner, at his
expense, and shall be maintained by him so as to be safe and accessible at all
times.
Subpart U. Measurement of Volume of Industrial Wastes for Strong Waste

Surcharges
Section 405. Measurement. Whenever a person purchasing his entire water

supply from a water purveyor discharges only industrial waste into the sewer
system, the volume of water purchased may be used as a measure of the quantity
of industrial waste discharged.
Whenever a person purchasing his entire water supply from a water purveyor
discharges combined domestic waste and industrial waste into the sewer system,
the volume of water purchased chargeable as industrial waste shall be the total
volume of water purchased less the volume determined to be domestic waste. The
domestic waste shall be determined by the Township in either of the following
two (2) ways:
(a) Actual measured flow; or
(b) By multiplying the average number of employees in the

establishment during the preceding billing period by ten (10) gallons per
day.
Whenever a person purchasing his entire water supply from a water purveyor
and discharging industrial waste into the sewer system also discharges
unpolluted cooling water to either a separate storm sewer or other outlet, an
allowance for the amount of water so discharged shall be made in computing the
sewer charges. The person so discharging cooling water shall, at his own
expense, install a meter or meters, as required, to indicate accurately and to
the satisfaction of the Township the amount of water claimed as a credit.
The Township shall be responsible for the reading of water and/or sewage meters
when installed in industrial establishments within its jurisdiction. All meters
shall be installed at a location approved by the Township. All meters shall be
accessible to the Township at all times.
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Subpart V. Access
Section 406. Access. The Township shall have the right of access to any
part of any improved property served by the POTW as shall be required for
purposes of inspection, measurement, sampling, and testing, and for performance
of other functions relating to service rendered by the Township through the
POTW.
Subpart W. Enforcement
Section 407. Enforcement. Any person who shall violate this Part shall
be liable, upon conviction for a first offense and upon conviction for each
subsequent offense, to a fine of not less than Fifty Dollars ($50.00) nor more
than One Thousand Dollars ($1,000.00), together with the costs of prosecution,
including but not limited to reasonable attorneys’ fees in each case. Each day
that a violation shall continue shall be deemed and shall be taken to be a
separate offense and shall be punishable as such. Nothing herein shall preclude
the Township from seeking such additional remedies as may be available at law or
in equity including, but not limited to, request for injunctive relief, as may
be otherwise permitted and from pursuing such additional means of enforcement
concurrently.
Section 408. Fines and Costs. Fines and costs imposed under provisions
of this Part shall be enforceable and recoverable in the manner at the time
provided by applicable law.
Subpart X. Declaration of Purpose
Section 409. Declaration. It is declared that the enactment of this Part

is necessary for the protection, benefit, and preservation of the health, safety
and welfare of the inhabitants of this Township.
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Part 4
Spray Irrigation And Stream Discharge Systems
Section 451. Purpose. The purpose of this Part is to establish Township

regulations for spray irrigation and stream discharge type treatment systems
(which shall include, but not be limited to, dry stream channel discharge and
overland flow systems) consistent with the Pennsylvania Sewage Facilities Act
(Act 537), as amended. It is hereby declared that the enactment of this Part is
necessary for the protection, benefit and preservation of the health, safety and
welfare of the inhabitants of the Township.
Furthermore, this Part is intended to satisfy the additional requirements

imposed upon a municipality in the amendments to Act 537, which require a
municipality to assure compliance of such treatment systems with the regulations
that establish standards for operation and maintenance of these systems.
Section 452. Scope. As part of any zoning and subdivision approval

proposing the use of a spray irrigation or stream discharge type treatment
system, compliance with the requirements hereinafter set forth shall be a
condition of any such approval. All spray irrigation and stream discharge type
treatment systems to be constructed in the Township shall be subject to a permit
issued by the Township Sewage Enforcement Officer or the Pennsylvania Department
of Environmental Protection pursuant to the amendments to Act 537. In addition,
the property owner and/or developer must execute an approved Maintenance
Agreement with the Township in recordable form which, along with the issuance of
the permit, must be memorialized in appropriate textural notes prominently set
forth on the approved final subdivision and land development plan.
(Ordinance 167, October 11, 1999, Section 2).
Section 453. Definitions. As used herein, the following terms shall have
the meanings herein described, unless otherwise provided:
(a) Board. The Board of Supervisors of the Township.
(b) DEP. The Bureau or Office of the Department of Environmental

Protection of the Commonwealth of Pennsylvania.
(c) Sanitary Sewage. Any substance that contains any of the waste
products, excrement or other discharge from the bodies of human beings,
and any nocuous or deleterious substance being harmful or inimical to the
public health, to animal or aquatic life or to the use of water or
domestic water supply or for recreation. The term sanitary sewage
specifically excludes waste waters of industrial origin.
(d) Sewage Enforcement Officer. The individual authorized and

duly appointed to administer the issuance of permits and promulgate
regulations governing spray irrigation systems and stream discharge type
treatment systems within the Township, as authorized under the amendments
to Act 537.
(e) Spray Irrigation System. Any sanitary sewage treatment and

disposal system which treats and disposes of sewage utilizing a system of
piping, treatment tanks and soil renovation through spray irrigation and
surface absorption or land application.
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(f) Stream Discharge Treatment System. Any sanitary sewage

treatment and disposal system which treats and disposes of sewage
utilizing stream discharge.
Section 454. Township Regulations. All site developments, involving a

residential structure, subdivisions and land development plans utilizing a spray
irrigation or stream discharge type treatment system hereafter installed in the
Township shall not be approved within the Township unless and until the property
owner and/or developer executes a Maintenance Agreement approved by the Township
for purposes of providing security in a form acceptable to the Township
sufficient to cover the costs of future operation and maintenance of the system
over its design life up to a maximum of fifty percent (50%) for each of the first
two (2) years of operation and no more than ten percent (10%) each year
thereafter of the equipment and installation cost of the system, estimates for
which amounts shall be submitted by the applicant for review and approval by the
Township Engineer and/or the establishment of properly chartered associations,
trusts or other private legal entities to manage the systems, municipal ownership
of the systems, at the municipality’s discretion, establishment of a sewage
management agency to manage the systems or any combination of the above.
In addition, prior to plan approval, the Township shall have received the
permit issued by the Township Sewage Enforcement Officer for the construction and
use of the spray irrigation system or stream discharge treatment system and shall
have received any and all escrows required by the approved Maintenance Agreement.
Section 455. Fees. All fees for the Township’s review, approval,
inspection and maintenance, in the event that applicant fails to perform the same
after notice by Township, of a spray irrigation or stream discharge type
treatment system shall be established and set forth in the Maintenance Agreement
approved by the Township, the contents of which are incorporated herein by
reference and shall be borne by the applicant as their sole cost and expense.
Section 456. Plan Review Process. All site development subdivisions and
land development plans utilizing a spray irrigation or stream discharge type
treatment system within the Township shall be reviewed to determine compatibility
with the intent and requirements of the Township’s Comprehensive Plan, the
Township’s Subdivision and Land Development Ordinance (see Chapter XXVII of the
Township Code of Ordinances), the Township’s Zoning Ordinance (see Chapter XXXII
of the Township Code of Ordinances), the Building and/or Plumbing Codes adopted
by the Township (see Chapter VI of the Township Code of Ordinances)and the Rules
and Regulations of the Pennsylvania Department of Environmental Protection. All
such plans shall be reviewed as may be necessary and otherwise required by the
following boards and/or bodies:
(a) The Township Code Enforcement Officer;
(b) The Township Engineer;
(c) The Berks County Planning Commission;
(d) The Township Planning Commission;
(e) The Township Sewage Enforcement Officer; and
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(f) The Township Board of Supervisors.
Section 457. Permit. Once it has been determined by the Sewage

Enforcement Officer for the Township that the site, sewer conditions and system
design meet the standards established by the Pennsylvania Department of
Environmental Protection for such systems and the applicant has submitted
documentation to the Township Sewage Enforcement Officer reflecting that the
proposed use of the spray irrigation system or stream discharge type system will
not adversely impact existing and proposed drinking water supplies and will not
create a nuisance or public health hazard, the Township Sewage Enforcement
Officer may issue a permit for the construction of such spray irrigation system
or stream discharge type treatment system.
Section 458. Operation and Maintenance. The system designer shall provide
an operation and maintenance manual to the permittee that shall include at a
minimum the following standards for operation and maintenance that must be met by
the permittee:
(a) Septic tanks, lift tanks, dosing tanks and chlorine

contact/storage tanks must be inspected for structural integrity of the
tank, inlet and outlet baffles, solid’s retainer, pumps, siphons and
electrical connections.
(b) Aerobic treatment tanks must be inspected for structural

integrity of the tank, inlet and outlet baffles, buoyed solid’s retainer,
pumps, siphons and electrical connections. Such inspection and concurrent
pumping of excess solids must be conducted in accordance with the
manufacturer’s and NSF requirements.
(c) Free access sand filters, buried sand filters, chlorinators,

spray irrigation piping and nozzles and the spray fields must be inspected
periodically by the property owner and every six (6) months by the
responsible maintenance entity established under Chapter 72,
Section 72.25(h). Each component must be inspected for compliance with
the following standards:
(1) Chlorine residual sampled after the contact/storage tank

must be maintained at a concentration of at least 0.2 ppm.
(2) The chlorinator must be functioning within the

specifications of the manufacturer. “Bridging” of chlorine tablets
must be prevented. Regular inspection of the disinfection equipment
is necessary to verify proper operation and treatment.
(3) Solids shall not accumulate on the sand filter surface.

No more than twelve inches (12") of effluent may be ponded over the
sand surface at any time. The high water alarm shall be functional.
(d) The surface of the free access sand filter must be raked and
porous. Any of the same that is removed must be replaced with sufficient
clean sand to maintain a depth of sand at twenty-four inches (24"). Sand
inspection and maintenance (raking, removal/replacement) shall be
conducted on a frequency sufficient to ensure proper treatment.
(e) The plumbing in the free access sand filter tank must be sound
and functional and splash plates must be in place.
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(f) The free access sand filter tank and cover must be
structurally sound. All components that prevent unauthorized access must
be in place. The proper insulation (filter tank sides to twenty-four
inches (24") and filter tank cover) shall be used to help prevent
freezing.
(g) The areas surrounding a buried sand filter must be free of

ponded effluent and down-gradient.
(h) The plumbing to the spray field must be sound and functional.
(i) The spray nozzles must be functioning within design

specifications.
(j) A laboratory shall test the discharge to the system for fecal
coliforms, BOD, suspended solids and chlorine residual to determine
compliance with Chapter 72. A copy of the test results along with a
report of the most recent system inspection (performed by the maintenance
entity established under the requirements of Chapter 72, Section 72.25(f))
shall be sent to the local agency. This information shall be sent no less
than once a year.
(k) Septic tank and lift tank pumping should be done on a three
(3) to five (5) year basis.
(l) The use of biological or chemical additives in the septic tank

is not recommended or necessary. The addition of such products, in many
cases, interferes with the natural bacteriological action necessary to
treat sewage.
Section 459. Amendments. The Township Board of Supervisors reserves the

right to amend these regulations by Resolution or as may be appropriate from time
to time as is deemed necessary and proper.

this Part is, for any reason, found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not effect or impair any
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Part 5
Section 501. Authorization. This Part is enacted pursuant to the

authority granted to Amity Township by the legislature of the Commonwealth of
Pennsylvania in the following duly enacted Statutes:
(a) The sections of the Second Class Township Code, the Act of May
1, 1933, P.L. 103, No. 69, reenacted and amended by the Act of November 9,
1995, P.L. 350, No. 60, 53 P.S. 66529, et seq., and 53 P.S. 67101, et
seq., respectively, authorizing the Township to enact ordinances dealing
with the protection of the health of the Township residents, refuse
materials, nuisance and public safety, as amended.
(b) The applicable provisions of the Pennsylvania Solid Waste

Management Act, the Act of July 7, 1980, P.L. 380, 53 P.S. 6018.101, et
seq., as amended.
(c) The applicable provisions of the Pennsylvania Sewage

Facilities Act, the Act of January 24, 1966, P.L. 1535, No. 537, as
amended by the Act of December 14, 1994, P.L. 1250, No. 149, 35 P.S.
Section 750.1, et seq., as amended.
(d) The applicable provisions of the Pennsylvania Clean Streams

Act, the Act of November 26, 1978, P.L. 1375, No. 325, as amended by the
Act of October 23, 1979, P.L. 204, No. 70, 33 P.S. Section 691.1, et seq.,
as amended.
(a) Disposal. The discharge, deposit, injection, dumping,

spilling, leaking or placing of any sewage sludge from a municipal or
private wastewater treatment plant or pumpings from a private residential
wastewater treatment plant or pumpings from a private residential septic
system into, on or about any land in the Township; provided, however, that
the spreading of poultry and/or livestock manure generated from
conventional on-site agricultural activities on crop land or farm land for
agricultural purposes shall not be included within this term, and such
activity shall not be regulated by this Part.
(b) Township. Whenever used in this Part, the term “Township”

shall refer to Amity Township.
(c) Sewage Sludge. Also biomass solids, as defined in Chapter 75

of the Pennsylvania Department of Environmental Protection, “Solid Waste
Management Rules and Regulations”, i.e., “The Coarse Screenings, Grit and
Dewatered or Air Dryed Sludges, Septic Tanks and Holding Tank Pumping and
other residues from Sewage Collection and Treatment Systems which require
disposal”, or as hereinafter amended.
Section 503. Procedure. Any individual person, association, partnership,

joint venture, company or other entity desiring, proposing or intending to apply,
dispose, spread or deposit sewage sludge on any lands or property situate within
the Township shall, in addition to submitting an application for a permit to the
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Department of Environmental Protection, in accordance with the statutes of the

Commonwealth of Pennsylvania and the regulations thereof, as may be applicable,
also submit a full and complete copy of the same to the Township which shall
include any and all exhibits, supplements, amendments, revisions, additions or
addendums as may be required and/or submitted to the Department of Environmental
Protection and, in addition thereto, or if such application to the Department is
not required, an application shall be submitted to the Township containing the
following information, as may be necessary and relevant:
(a) A description of the proposed application program, including

the source(s) of the sludge and how and by whom it is to be transported to
the site, a proposed time table for application, a description of any
storage operations, the proposed application rate, the total acreage
involved and the anticipated useful life of the proposed site.
(b) Topographical drawing(s) of the receiving site, prepared by a

registered engineer, to a scale no greater than one inch (1") to two
hundred feet (200') showing:
(1) Location of the site relative to public roads;
(2) Identity of owners of the receiving site and adjacent

properties;
(3) Boundaries of the area to be used for land application;
(4) Location of public and/or private water supplies, wells,

springs, streams, ponds or other bodies of water, within one-fourth
(1/4) of one (1) mile of the boundaries of the proposed land
application site;
(5) Soil classifications of the land application area;
(6) Vegetation present on or within the area to be used for

land application.
(c) A soils and geologic report indicating the physical

characteristics of the site with respect to its suitability for
application of sewage sludge and impact, if any, upon surface and ground
waters. The report shall be based on any available soil survey and
geologic data, and shall be accompanied by field test data, results and
analysis. Field tests shall include:
(1) Soil borings by a soil scientist to confirm that the

actual soil profile characteristics are consistent with published
soil survey data.
(2) A groundwater monitoring well shall be established to

test water quality prior to, during and after the application
program. A description of the groundwater composition shall be
included in the application, along with subsequent quarterly
monitoring data and reports during the application program. The
location of the monitoring well shall be subject to advanced notice
to the Township Engineer prior to drilling. In the event that
groundwater is found to flow in several directions, a monitor well
for each direction shall be required.
(d) A chemical analysis of the sewage sludge from each proposed

source. The analysis shall be done by an independent laboratory approved
by the Township and shall involve a minimum of four (4) samples. The
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analysis shall include, in addition to other relevant data, the following

items:
(1) Total moisture content.
(2) Percent total nitrogen (wet and dry weight).
(3) Percent ammonia nitrogen (wet and dry weight).
(4) Percent organic nitrogen (wet and dry weight).
(5) Biochemical oxygen demand.
(6) pH.
(7) Percent on a dry weight basis of cyanide, sodium,

cadmium, zinc, copper, nickel, lead, chromium, mercury, molydnum and
other toxic substances and enteric pathogens.
(e) A Twenty Dollar ($20.00) application fee shall be required

with the application for all private residential septic tank pumpings.
For all other applications, there shall be an application fee accompanying
said application in the minimum non-refundable amount of Five Hundred
Dollars ($500.00). Said application fee shall be used to offset all
Township costs including Township engineering fees. As and when said
costs exceed the Five Hundred Dollar ($500.00) payment, applicant shall
pay, within thirty (30) days following issuance of an invoice, as
additional application fees the additional costs incurred upon
presentation of statements by the Township to the applicant.
(f) A true and correct copy of the agreement between the generator
of the sewage sludge, the hauler/applicator and the landowner containing
the terms of the agreement, the operation to be carried out in application
of the sewage sludge, and the production and maintenance of records.
(g) Where the proposed application of sewage sludge involves a

leasehold arrangement between the owner of the property and the party
transporting and/or applying the sewage sludge, a land development plan
shall be prepared and filed in accordance with the provisions of the
Pennsylvania Municipalities Planning Code and any applicable Subdivision
and Land Development and Ordinance (see Chapter XXVII of the Township Code
of Ordinances) of the Township.
Section 504. Planning Commission Review and Recommendation. The Township

Planning Commission shall review the application together with all submissions
made by the applicant and shall make recommendations thereon to the Township
Section 505. Standards. The standards for application of sewage sludge to

the land shall be in accordance with the then currently adopted standards and
regulations of the Pennsylvania Department of Environmental Protection as set
forth in Chapter 75, and/or any and all other applicable rules, regulations,
orders or directives of the Department or any other terms and permit conditions
imposed by the Department, except that the following additional regulations
and/or requirements when applicable and determined necessary and appropriate by
the Board of Supervisors shall be imposed.
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(a) Area. No receiving site shall be approved which contains less

than ten (10) contiguous acres.
(b) Setback Requirements. Sewage sludge shall not be applied, in

any fashion, to land within two hundred fifty feet (250') of a stream,
five hundred feet (500') of a water supply source (whether said source
consists of a well head, ground or surface water supply), one hundred feet
(100') of property lines and three hundred feet (300') of an occupied
dwelling.
(c) Slope Concentrations. Application shall not take place on

slopes exceeding twenty percent (20%).
(d) Testing/Chemical Analysis. Chemical analysis and laboratory

testing of the sewage sludge from each and every source may be required by
the Township, as determined necessary by the Township Engineer, and
results shall be provided immediately to the Township, at applicant’s
expense, by an independent registered/certified laboratory selected by
applicant to insure sewage sludge content remains within the criteria and
limits established by the Pennsylvania Department of Environmental
Protection, but shall include a minimum of four (4) samples a year to be
taken at not less than monthly intervals as part of the Township’s
monitoring program.
(e) Soil Coverage. Sewage sludge applied to the land shall be

injected under the surface of the soil or, if applied to the surface,
shall be plowed under within forty-eight (48) hours after application.
(f) Soil Analysis. The soil analysis performed by an independent

certified/registered laboratory selected by applicant, at applicant’s
expense, shall be performed semi-annually and results shall be provided
immediately to the Township.
(g) Waste Material Storage. Sewage sludge shall be applied to the

land immediately upon delivery to the site and shall not, under any
circumstances, be stored upon the site for any purpose or for any period
of time.
(h) Waste Accumulations. Any ponding or standing accumulation of

said sewage sludge is expressly prohibited.
(i) Weather Conditions. Sewage sludge is not to be applied when

the ground is saturated, snow covered, frozen or during periods of rain.
(j) Records. The applicant shall maintain records of quantities,

dates, sources and application locations of the above described sewage
sludge and any testing or chemical analysis conducted on the same and
shall furnish copies of said records to the Township upon request.
Section 506. Determination by the Board of Supervisors. Excluding

applications for land development plans which shall be subject to the terms and
conditions of the Municipalities Planning Code and the Township ordinances, the
Board of Supervisors, by and through its appointees, agents, servants and
employees, shall, within forty-five (45) days following the full submission of
the application, render a final decision upon the same and shall, by written
communication directed to the applicant, either: (a) disapprove the application
as presented; (b) approve the application as presented; or (c) approve the
application subject to specific conditions, the failure to comply with which
shall provide grounds for revocation of such approval.
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Within said forty-five (45) day review period, the Board of Supervisors
shall transmit copies of said application to the Township Planning Commission for
review and comment, as may be appropriate. Further, the Board of Supervisors
may, in their discretion, schedule a public hearing, pursuant to public notice,
for the purposes of reviewing said application and receiving comments thereon.
Section 507. Sludge Disposal Area Map. Any land within the Township which
has been used for the purposes herein discussed shall be designated on a map
which shall be known as the Amity Township Sewage Sludge Disposal Area Map, which
shall be made available for public inspection as may be necessary or appropriate.
Any property owner whose land has been used as hereinbefore discussed shall not
at any time sell, transfer, convey or otherwise dispose of said property without
first informing any perspective purchaser, lessee, assignee or grantee that said
land has been used for such purposes.
Section 508. Insurance. Concurrent with presentation of the application,

the applicant shall present to the Township evidence and/or documentation of the
insurance policy, bond, indemnification agreement or such other financial
security as may be in place and which addresses injury to persons and/or damage
to property which might arise or result from the aforesaid activities and the
applicant’s faithful performance of the conditions of any and all applicable
permits and/or providing for remediation or restoration in the event of a default
in the faithful performance of said obligations. Said policies, bonds,
guarantees and/or evidence of financial security shall remain in full force and
effect for the entire duration of said activities and/or the life and term of the
permit and for at least two (2) years following the termination of such
activities and/or permit. The amount of such insurance, bond, guarantee and/or
financial security shall be as specified and determined necessary and appropriate
by the Pennsylvania Department of Environmental Protection or, in the event that
no such financial security is required by the Department of Environmental
Protection, then in such amount as is determined necessary and appropriate based
upon the nature of the activities and potential damage or harm anticipated to
result from such operation or activities.
Section 509. Administrative and Tipping Fee. Any applicant that has
received approval and/or been issued a permit hereunder shall, upon commencement
of operations which proposes an application rate in excess of one (1) ton per
acre, per year upon any land within the Township, tender to the Township a Five
Dollar ($5.00) per ton tipping fee charge, such charge or fee to be payable on a
monthly basis on the 15th day of each month calculated based upon the tonnage, or
portion thereof, applied to any such land within the preceding month, such
payment to be accompanied by substantiating documentation regarding the source,
the transporter, the total weight, the dates of application and any and all
transport manifest/invoices/records associated therewith. Applicant/permittee
shall also provide an annual report on or before the 15th day of January of each
calendar year for the preceding calendar year during which such operations or
activities were performed. Any tipping fee/administrative charge not tendered to
the Township on or before the 15th day of the month immediately succeeding
application of the sewage sludge to a property shall be subject to an additional
ten percent (10%) penalty/surcharge, which sums shall further accrue interest at
the lawful rate of interest calculated from the 15th day of the month when said
fee/charge was due to be compounded daily. In the event that Permittee/Applicant
fails or refuses to tender said fee/administrative charge within thirty (30) days
of the date when due, the Township may authorize initiation and prosecution of
any and all actions at law or in equity necessary to recover such fees as are
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determined due and owing in accordance with the terms and conditions of this Part
including a claim for reasonable counsel fees, in an amount not less than ten
percent ( 10%) of the obligation due, or such other additional sums as may be
determined reasonable and appropriate by a court of competent jurisdiction.
Further, upon failure of Applicant/permittee to tender such fees and/or
administrative charges as may be due and owing, the Township may, at the
discretion of its Board of Supervisors, initiate and file a municipal lien on the
land or tract which is the subject of the application of the sewage sludge
including the costs and expenses and reasonable attorney’s fees associated with
filing said lien and further the Township, by and through its Board of
Supervisors, may, at its discretion, terminate and withdraw the approval and/or
permit issued for such application activities.
Section 510. Severability. The provisions of this Part shall be severable

and should any section, paragraph, clause, term, condition or phrase of this Part
be declared unconstitutional or invalid by a court of competent jurisdiction, the
remainder of said Part shall not be affected thereby and shall remain in full
force and effect.
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CHAPTER XXIV
SIGNS AND BILLBOARDS
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CHAPTER XXV
STORMWATER MANAGEMENT
Part 1
General Provisions

Section 102. Statement of Findings
Section 104. Statutory Authority
Section 105. Applicability/Regulated Activities
Section 108. Compatibility With Other Ordinance Requirements
Part 2
Definitions
Section 201. Interpretation

Part 3
Stormwater Management
Section 301. General Requirements

Section 302. Permit Requirements by Other Government Entities
Section 303. Erosion and Sediment Control During Regulated Earth Disturbance
Activities
Section 304. Nonstructural Project Design (Sequencing to Minimize Stormwater
Impacts)
Section 305. Ground Water Recharge (Infiltration/Recharge/Bioretention)
Section 306. Water Quality Requirements
Section 307. Streambank Erosion Requirements
Section 308. Stormwater Management Districts
Section 309. Calculation Methodology
Section 310. Other Requirements
Section 311. Standards for Detention Basins
Section 312. Stormwater Collection and Conveyance Standards
Part 4
Drainage Plan Requirements

Section 403. Drainage Plan Contents
Section 404. Plan Submission
Section 405. Drainage Plan Review
Section 406. Modification of Plans
Section 407. Resubmission of Disapproved Drainage Plans
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Part 5
Inspections
Section 501. Schedule of Inspections
Part 6
Fees and Expenses
Section 601. Township Drainage Plan Review and Inspection Fee

Section 602. Expenses Covered by Fees
Part 7
Maintenance Responsibilities
Section 701. Performance Guarantee

Section 702. Adherence to Approved Stormwater Control and BMP Operations and
Maintenance Plan
Part 8
Prohibitions
Section 801. Prohibited Discharges and Connections

Section 802. Roof Drains
Section 803. Alteration of SWM BMPs
Part 9
Enforcement and Penalties
Section 901. Right-of-Entry

Section 902. Public Nuisance
Section 903. Enforcement Generally
Section 904. Suspension and Revocation of Permits and Approvals
Section 906. Notification
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Part 10
Appendices
Section 1001. Appendix A – Stormwater Controls and Best Management Practices

Operations and Maintenance Agreement
Section 1002. Appendix B – Stormwater Management Design Criteria
Table B-1 – Precipitation-Frequency Atlas of the United
States
Table B-2 – Runoff Curve Numbers (From NRCS (SCS) TR-55)
Table B-3 – Rational Runoff Coefficients
Table B-4 – Roughness Coefficients
Figure B-1 – Recommendation Chart for Infiltration Stormwater
Management BMPs in Carbonate Bedrock
Section 1003. Appendix C – Reserved for future use
Section 1004. Appendix D – Stormwater Management Districts
Section 1005. Appendix E – Low Impact Development (LID) Practices
Section 1006. Appendix F – West Nile Virus Guide
Section 1007. Appendix G – References
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PART 1
General Provisions
Section 101. Short Title. This Chapter shall be known and may be cited as
the Amity Township Stormwater Management Ordinance”. (Ordinance No. 243, March
19, 2008, Section 1)
Section 102. Statement of Findings. The Board of Supervisors of the

Township of Amity finds that:
(a) Inadequate management of accelerated stormwater runoff

resulting from development throughout a watershed increases flood flows
and velocities, contributes to erosion and sedimentation, overtaxes the
carrying capacity of existing streams and storm sewers, greatly increases
the cost of public facilities to convey and manage stormwater, undermines
floodplain management and flood reduction efforts in upstream and
downstream communities, reduces groundwater recharge, and threatens public
health and safety.
(b) Inadequate planning and management of stormwater runoff

resulting from land development and redevelopment throughout a watershed
can also harm surface water resources by changing the natural hydrologic
patterns, accelerating stream flows (which increase scour and erosion of
stream-beds and stream-banks thereby elevating sedimentation), destroying
aquatic habitat and elevating aquatic pollutant concentrations and
loadings such as sediments, nutrients, heavy metals and pathogens.
Groundwater resources are also impacted through loss of recharge.
(c) A comprehensive program of stormwater management (SWM),

including minimization of impacts of development, redevelopment and
activities causing accelerated erosion, is fundamental to the public
health, safety, welfare, and the protection of the people of the Township
and all the people of the Commonwealth, their resources, and the
environment.
(d) Inadequate management of accelerated stormwater runoff

resulting from development throughout a watershed poses a threat to
surface and groundwater quality.
(e) Stormwater can be an important water resource by providing

groundwater recharge for water supplies and base flow of streams, which
also protects and maintains surface water quality.
(f) Impacts from stormwater runoff can be minimized by using

project designs that maintain the natural hydrologic regime, and sustain
high water quality, groundwater recharge, stream baseflow and aquatic
ecosystems. The most cost effective and environmentally advantageous way
to manage storm water runoff is through nonstructural project design,
minimizing impervious surfaces and sprawl, avoiding sensitive areas (i.e.
stream buffers, floodplains, steep slopes), and designing to topography
and soils to maintain the natural hydrologic regime.
(g) Public education on the control of pollution from stormwater

is an essential component in successfully addressing stormwater.
(h) Federal and state regulations require certain municipalities

to implement a program of stormwater controls. These municipalities are
required to obtain a permit for stormwater discharges from their separate
storm sewer systems under the National Pollutant Discharge Elimination
System (NPDES).
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(i) Non-stormwater discharges to municipal separate storm sewer

systems can contribute to pollution of waters of the Commonwealth by the
Township.
(Ordinance No. 243, March 19, 2008, Section 1)
Section 103. Purpose. The purpose of this Chapter is to promote the

public health, safety, and welfare within Amity Township by maintaining the
natural hydrologic regime by minimizing the impacts described in Section 102 of
this Chapter through provisions designed to:
(a) Promote alternative project designs and layout that minimizes

impacts to surface and ground water.
(b) Promote nonstructural Best Management Practices (BMPs).
(c) Minimize increases in stormwater volume.
(d) Minimize impervious surfaces.
(e) Manage accelerated runoff and erosion and sedimentation

problems at their source by regulating activities that cause these
problems.
(f) Provide review procedures and performance standards for

stormwater planning and management.
(g) Utilize and preserve the existing natural drainage systems.
(h) Manage stormwater impacts close to the runoff source, which

requires a minimum of structures and relies on natural processes.
(i) Focus on infiltration of stormwater, to maintain groundwater

recharge, to prevent degradation of surface and groundwater quality and to
otherwise protect water resources.
(j) Maintain existing base flows and quality of streams and

watercourses, where possible.
(k) Meet legal water quality requirements under state law,

including regulations at 25 Pa. Code Chapter 93.4a to protect and maintain
“existing uses” and maintain the level of water quality to support those
uses in all streams, and to protect and maintain water quality in “special
protection” streams.
(l) Address the quality and quantity of stormwater discharges from

the development site.
(m) Provide a mechanism to identify controls necessary to meet the

NPDES permit requirements.
(n) Implement an illegal discharge detection and elimination

program to address non-stormwater discharges into the Township’s separate
storm sewer system.
(o) Preserve and restore the flood-carrying capacity of streams.
(p) Prevent scour and erosion of streambanks and streambeds.
(q) Provide performance standards and design criteria for
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watershed-wide stormwater management and planning.
(r) Provide proper operation and maintenance of all permanent

stormwater management facilities and BMPs that are implemented in the
Township.
(s) NPDS Requirements. Federal regulations approved October 1999

require operators of small municipal separate storm sewer systems (MS4s)
to obtain NPDES Phase II permits from DEP by March 2003. (NPDES II is an
acronym for the National Pollutant Discharge Elimination System Phase II
Stormwater Permitting Regulations.) This program affects all
municipalities in “urbanized areas” of the state. This definition applies
to all Schuylkill River watershed municipalities identified in Table III-1
of the Schuylkill River Stormwater Management Plan Volume II as NPDES
Phase II municipalities. Therefore, these identified municipalities will
be subject to the NPDES Phase II requirements mandated by the Federal
Clean Water Act as administered by DEP. For more information on NPDES II
requirements, contact the DEP Regional Office.
Section 104. Statutory Authority.
(a) Primary Authority. The Township is empowered to regulate

these activities by the authority of the Act of October 4, 1978, P.L. 864
(Act 167), 32 P.S. Section 680.1, et seq., as amended, the “Storm Water
Management Act” and the Pennsylvania Second Class Township Code, 53 P.S.
Section 65101, et seq., as amended.
(b) Secondary Authority. The Township also is empowered to

regulate land use activities that affect runoff by the authority of the
Act of July 31, 1968, P.L. 805, No. 247, The Pennsylvania Municipalities
Planning Code, as amended.
Section 105. Applicability/Regulated Activities. All Regulated Activities

and all activities that may affect stormwater runoff, including Land Development
and Earth Disturbance Activity, are subject to regulation by this Chapter.
Section 106. Repealer. Any ordinance or ordinance provision of this

Township inconsistent with any of the provisions of this Chapter is hereby
repealed to the extent of the inconsistency only. (Ordinance No. 243, March 19,
2008, Section 1)
Section 107. Severability. Should any section or provision of this

Chapter be declared invalid by a court of competent jurisdiction, such decision
shall not affect the validity of any of the remaining provisions of this Chapter.
Section 108. Compatibility With Other Ordinance Requirements. Approvals

issued and actions taken under this Chapter do not relieve the Applicant of the
responsibility to secure required permits or approvals for activities by any
other code, law, regulation or ordinance. (Ordinance No. 243, March 19, 2008,
Section 1)
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PART 2
Definitions
Section 201. Interpretation. For the purposes of this Chapter, certain

terms and words used herein shall be interpreted as follows:
(a) Words used in the present tense include the future tense; the
singular number includes the plural, and the plural number includes the
singular; words of masculine gender include feminine gender; and words of
feminine gender include masculine gender.
(b) The word "includes" or "including" shall not limit the term to
the specific example, but is intended to extend its meaning to all other
instances of like kind and character.
(c) The word "person" includes an individual, firm, association,

organization, partnership, trust, company, corporation, unit of
government, or any other similar entity.
(d) The words "shall" and "must" are mandatory; the words "may"
and "should" are permissive.
(e) The words "used or occupied" include the words "intended,

designed, maintained, or arranged to be used, occupied or maintained.”
Accelerated Erosion - The removal of the surface of the land through

the combined action of man's activity and the natural processes of a rate
greater than would occur because of the natural process alone.
Agricultural Activities - The work of producing crops and raising

livestock including tillage, plowing, disking, harrowing, pasturing and
installation of conservation measures. For purposes of regulation by this
Chapter construction of new buildings or impervious area is not considered
an agricultural activity.
Alteration - As applied to land, a change in topography as a result

of the moving of soil and rock from one location or position to another;
also the changing of surface conditions by causing the surface to be more
or less impervious; land disturbance.
As-built drawings - Those maintained by the Contractor as he

constructs the project and upon which he documents the actual locations of
the building components and changes to the original contract documents.
These, or a copy of same, are turned over to the Township Engineer at the
completion of the project
Applicant - A person who has filed an application for approval to

engage in any Regulated Activities as defined in Section 105 of this
Chapter.
Bankfull – The channel at the top-of-bank or point where water

begins to overflow onto a floodplain.
Base Flow – Portion of stream discharge derived from groundwater;

the sustained discharge that does not result from direct runoff or from
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water diversions, reservoir releases, piped discharges, or other human

activities.
Bioretention – A stormwater retention area which utilizes woody and

herbaceous plants and soils to remove pollutants before infiltration
occurs.
BMP (Best Management Practice) – Methods, measures or practices to

prevent or reduce surface runoff and/or water pollution, including but not
limited to, structural and non-structural stormwater management practices
and operation and maintenance procedures. See also Non-structured Best
Management Practice (BMP).
Buffer – The area of land immediately adjacent to any stream,

measured perpendicular to and horizontally from the top-of-bank on both
sides of a stream. (See Top of Bank)
Channel - A drainage element in which stormwater flows with an open

surface. Open channels include, but shall not be limited to, natural and
man-made drainage ways, swales, streams, ditches, canals, and pipes
flowing partly full.
Channel Erosion - The widening, deepening, and headward cutting of

small channels and waterways, caused by stormwater runoff or bankfull
flows.
Cistern - An underground reservoir or tank for storing rainwater.
Conservation District - The Berks County Conservation District.
Culvert - A structure with appurtenant works, which carries water

under or through an embankment or fill.
Dam - An artificial barrier, together with its appurtenant works,

constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad or other purposes which does or may impound water or another
fluid or semifluid.
Department – The Pennsylvania Department of Environmental

Protection.
Designee - The agent of the Berks County Planning Commission, Berks

County Conservation District and/or agent of the governing body involved
with the administration, review or enforcement of any provisions of this
Chapter by contract or memorandum of understanding.
Design Professional (Qualified) – Any person licensed by the

Pennsylvania Department of State or otherwise qualified by law to perform
the work required by the Chapter.
Design Storm - The magnitude and temporal distribution of

precipitation from a storm event measured in probability of occurrence
(e.g., a 5-year storm) and duration (e.g., 24-hours), used in the design
and evaluation of stormwater management systems.
Designated Watershed (ACT 167) – A Watershed which is listed under

the Pennsylvania Department of Environmental Protection’s “Index of
Designated Watersheds (Stormwater Management)” pursuant to the Stormwater
Management Act P.L. 864, No. 167, October 4, 1978, and published in the
Pennsylvania Bulletin on May 31, 1980 and August 9, 1980, as amended on
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November 19, 1991, April 21, 1992, June 21, 1994, April 16, 1996, April
15, 1997 and December 16, 1997).
Detention Basin - An impoundment designed to collect and retard

stormwater runoff by temporarily storing the runoff and releasing it at a
predetermined rate. Detention basins are designed to drain completely
shortly after any given rainfall event and are dry until the next rainfall
event.
Developer – A person that seeks to undertake any Regulated

Activities at a project site in the Township.
Development – Any human-induced change to improved or unimproved

real estate, whether public or private, including but not limited to land
development, construction, installation, or expansion of a building or
other structure, land division, street construction, drilling, and site
alteration such as embankments, dredging, grubbing, grading, paving,
parking or storage facilities, excavation, filling, stockpiling, or
clearing. As used in this Chapter, development encompasses both new
development and redevelopment.
Development Site - The specific tract of land where any Regulated

Activities in the Township are planned, conducted or maintained.
Diffused Drainage Discharge – Drainage discharge not confined to a

single point location or channel, such as sheet flow or shallow
concentrated flow.
Discharge – 1. (verb) To release water from a project, site,

aquifer, drainage basin or other point of interest 2. (noun) The rate and
volume of flow of water such as in a stream, generally expressed in cubic
feet per second (volume per unit of time). See also Peak Discharge.
Discharge Point – The point of discharge for a stormwater facility.
Disturbed Areas – Unstabilized land area where an earth disturbance

activity is occurring or has occurred.
Ditch – An artificial waterway for irrigation or stormwater

conveyance.
Downslope Property Line - That portion of the property line of the

lot, tract, or parcels of land being developed located such that overland
or pipe flow from the site would be directed towards it.
Drainage Conveyance Facility - A Stormwater Management Facility

designed to transmit stormwater runoff and shall include channels, swales,
pipes, conduits, culverts, storm sewers, etc.
Drainage Easement - A right granted by a landowner to a grantee,

allowing the use of private land for stormwater management purposes.
Drainage Permit - A permit issued by the Township after the drainage

plan has been approved.
Drainage Plan - The documentation of the stormwater management

system, if any, to be used for a given development site, the contents of
which are established in Section 403.
Earth Disturbance Activity – A construction or other human activity

which disturbs the surface of land, including, but not limited to,
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clearing and grubbing, grading, excavations, embankments, land

development, agricultural plowing or tilling, timber harvesting
activities, road maintenance activities, mineral extraction, and the
moving, depositing, stockpiling, or storing of soil, rock or earth
materials.
Emergency Spillway – A conveyance area that is used to pass peak

discharge greater than the maximum design storm controlled by the
stormwater facility.
Encroachment – A structure or activity that changes, expands or

diminishes the course, current or cross section of a watercourse, floodway
or body of water.
Erosion - The process by which the surface of the land, including

channels, is worn away by water, wind, or chemical action.
Erosion and Sediment Control Plan - A plan for a project site which
identifies BMPs to minimize accelerated erosion and sedimentation.
Exceptional Value Waters – Surface waters of high quality which

satisfy Pennsylvania Code Title 25 Environmental Protection, Chapter 93,
Water Quality Standards, § 93.4b(b) (relating to anti-degradation).
Existing Conditions - The initial condition of a project site prior

to the proposed alteration. If the initial condition of the site is
undeveloped land, the land use shall be considered as "meadow" unless the
natural land cover is proven to generate lower curve numbers or Rational
"C" value, such as forested lands.
Flood - A temporary condition of partial or complete inundation of

land areas from the overflow of streams, rivers, and other waters of this
Commonwealth.
Floodplain - Any land area susceptible to inundation by water from

any natural source or delineated by applicable Department of Housing and
Urban Development, Federal Insurance Administration Flood Hazard Boundary
- Mapped as being a special flood hazard area.
Floodway - The channel of the watercourse and those portions of the

adjoining floodplains, which are reasonably required to carry and
discharge the 100-year frequency flood. Unless otherwise specified, the
boundary of the floodway is as indicated on maps and flood insurance
studies provided by FEMA. In an area where no FEMA maps or studies have
defined the boundary of the 100-year frequency floodway, it is assumed -
absent evidence to the contrary - that the floodway extends from the
stream to 50 feet from the top-of-bank.
Fluvial Geomorphology - The study of landforms associated with river

channels and the processes that form them.
Forest Management/Timber Operations - Planning and activities

necessary for the management of forest land with no change of land use
proposed. These include timber inventory and preparation of forest
management plans, silvicultural treatment, cutting budgets, logging road
design and construction, timber harvesting and reforestation.
Freeboard - A vertical distance between the elevation of the design

high-water and the top of a dam, levee, tank, basin, swale, or diversion
berm. The space is required as a safety margin in a pond or basin.
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Grade - A slope, usually of a road, channel or natural ground

specified in percent and shown on plans as specified herein. (To) Grade -
to finish the surface of a roadbed, top of embankment or bottom of
excavation.
Grassed Waterway - A natural or constructed waterway, usually broad

and shallow, covered with erosion-resistant grasses, used to convey
surface water.
Groundwater - Water beneath the earth's surface, often between

saturated soil and rock that supplies wells and springs.
Groundwater Recharge - Replenishment of existing natural underground

water supplies without degrading groundwater quality.
HEC-HMS - The U.S. Army Corps of Engineers, Hydrologic Engineering

Center (HEC) - Hydrologic Modeling System (HMS). This model was used to
model the Schuylkill River watershed during the ACT 167 Plan development
and was the basis for the Standards and Criteria of this Chapter.
High Quality Waters – Surface waters having quality which exceeds

levels necessary to support propagation of fish, shellfish, and wildlife
and recreation in and on the water by satisfying Pennsylvania Code Title
25 Environmental Protection, Chapter 93 Water Quality Standards, §
93.4b(a).
Hotspots - Areas where land use or activities generate highly

contaminated runoff, with concentrations of pollutants in excess of those
typically found in stormwater.
Hydrograph – A graph of discharge versus time for a selected point

in the drainage system.
Hydrologic Regime (natural) – The hydrologic cycle or balance that

sustains quality and quantity of stormwater, baseflow, storage, and
groundwater supplies under natural conditions.
Hydrologic Soil Group, - A classification of soils by the Natural

Resources Conservation Service, formerly the Soil Conservation Service,
into four runoff potential groups. The groups range from A soils, which
are very permeable and produce little runoff, to D soils, which are not
very permeable and produce much more runoff.
Impervious Surface - A surface that prevents the infiltration of

water into the ground. Impervious surface includes, but is not limited to,
any roof, parking or driveway areas, and any new streets and sidewalks.
Any surface areas designed to be gravel or crushed stone shall be assumed
to be impervious surfaces.
Impoundment - A retention or detention basin designed to retain

stormwater runoff and release it at a controlled rate.
Infill – Development that occurs on smaller parcels that remain

undeveloped but are within or very close proximity to urban areas. The
development relies on existing infrastructure and does not require an
extension of water, sewer or other public utilities.
Infiltration – Movement of surface water into the soil, where it is

absorbed by plant roots, evaporated into the atmosphere, or percolates
downward to recharge groundwater.
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Infiltration Structures - A structure designed to direct runoff into

the underground water (e.g., french drains, seepage pits, seepage trench).
Inlet - The upstream end of any structure through which water may
flow.
Intermittent Stream - A stream that flows only part of the time.

Flow generally occurs for several weeks or months in response to seasonal
precipitation, due to groundwater discharge.
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 accordance with Section 503(1.1) of the

PA Municipalities Planning Code.
Limiting zone - A soil horizon or condition in the soil profile or

underlying strata which includes one of the following:
(a) A seasonal high water table, whether perched or

regional, determined by direct observation of the water table or
indicated by soil mottling.
(b) A rock with open joints, fracture or solution channels,

or masses of loose rock fragments, including gravel, with
insufficient fine soil to fill the voids between the fragments.
(c) A rock formation, other stratum or soil condition which

is so slowly permeable that it effectively limits downward passage
of water.
Lot – A designated parcel, tract or area of land established by a

plat or otherwise as permitted by law and to be used, developed or built
upon as a unit.
Main Stem (Main Channel) - Any stream segment or other runoff

conveyance facility used as a reach in the Schuylkill River hydrologic
model.
Manning Equation (Manning formula) - A method for calculation of

velocity of flow (e.g., feet per second) and flow rate (e.g., cubic feet
per second) in open channels based upon channel shape, roughness, depth of
flow and slope. "Open channels" may include closed conduits so long as
the flow is not under pressure.
Natural Condition – Existing conditions
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Natural Hydrologic Regime (see hydrologic regime)
Natural Recharge Area – Undisturbed surface area or depression where

stormwater collects, and a portion of which infiltrates and replenishes
the underground and groundwater.
Nonpoint Source Pollution - Pollution that enters a water body from

diffuse origins in the watershed and does not result from discernible,
confined, or discrete conveyances.
Non-stormwater Discharges - Water flowing in stormwater collection

facilities, such as pipes or swales, which is not the result of a rainfall
event or snowmelt.
Nonstructural Best Management Practice (BMPs) – Methods of

controlling stormwater runoff quantity and quality, such as innovative
site planning, impervious area and grading reduction, protection of
natural depression areas, temporary ponding on site and other techniques.
NPDES - National Pollutant Discharge Elimination System, the federal

government’s system for issuance of permits under the Clean Water Act,
which is delegated to DEP in Pennsylvania.
NRCS - Natural Resource Conservation Service (previously SCS).
Outfall - “Point source” as described in 40 CFR § 122.2 at the point

where the Township’s storm sewer system discharges to surface waters of
the Commonwealth.
Outlet - Points of water disposal to a stream, river, lake,

tidewater or artificial drain.
Parent Tract – The parcel of land from which a land development or

subdivision originates, determined from the date of the Township’s
adoption of this Chapter.
Parking Lot Storage - Involves the use of parking areas as temporary

impoundments with controlled release rates during rainstorms.
Peak Discharge - The maximum rate of stormwater runoff from a

specific storm event.
Penn State Runoff Model - The computer-based hydrologic model

developed at the Pennsylvania State University.
Pipe - A culvert, closed conduit, or similar structure (including

appurtenances) that conveys stormwater.
Planning Commission - The planning commission of Amity Township.
Point Source - any discernible, confined and discrete conveyance,

including, but not limited to, any pipe, ditch, channel, tunnel, or
conduit from which stormwater is or may be discharged, as defined in State
regulations at 25 Pa. Code § 92.1.
Post Construction – Period after construction where disturbed areas

are stabilized, stormwater controls are in place and functioning and all
proposed improvements in the approved land development plan are completed.
Pretreatment – Techniques employed in stormwater BMPs to provide
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storage or filtering to trap coarse materials and other pollutants before

they enter the system, but not necessarily meet the water quality volume
requirements of Section 306.
Project Site - The specific area of land where any Regulated Earth
Disturbance activities in the Township are planned, conducted or
maintained.
Rational Formula - A rainfall-runoff relation used to estimate peak

flow.
Recharge – The replenishment of groundwater through the infiltration

of rainfall, other surface waters, or land application of water or treated
wastewater.
Reconstruction – Demolition of, and subsequent rebuilding of

impervious surface.
Record Drawings - Original documents revised to suit the as-built

conditions and subsequently provided by the Engineer to the Client. The
Engineer takes the Contractor's as-builts, reviews them in detail with
his/her own records for completeness, then either turns these over to the
Client or transfers the information to a set of reproducibles, in both
cases for the Client's permanent records."
Redevelopment – The demolition, construction, reconstruction,

alteration, or improvement exceeding 2,000 square feet of land disturbance
performed on sites where existing land use is commercial, industrial,
institutional, or multifamily residential. Maintenance activities such as
top-layer grinding and re-paving are not considered to be redevelopment.
Interior remodeling projects and tenant improvements are also not
considered to be redevelopment. Utility trenches in streets are not
considered redevelopment unless more than 50% of the street width is
removed and re-paved.
Regulated Activities - Any actions or proposed actions that involve

the alteration or development of land in a manner that may affect
stormwater runoff.
Regulated Earth Disturbance Activity - Activity involving Earth

Disturbance subject to regulation under 25 PA Code Chapters 92, Chapter
102, or the Clean Streams Law.
Release Rate - The percentage of existing conditions peak rate of

runoff from a site or subarea to which the proposed conditions peak rate
of runoff must be reduced to protect downstream areas.
Repaving – Replacement of the impervious surface that does not

involve reconstruction of an existing paved (impervious) surface.
Replacement Paving – Reconstruction of and full replacement of an

existing paved (impervious) surface.
Retention Basin - A structure in which stormwater is stored and not

released during the storm event. Retention basins do not typically have
an outlet to other down stream conveyance features such as channels, storm
sewer, or other surface waters. Generally, these features empty via
recharge and must infiltrate stored water in no more than 4 days. These
features may have an emergency spillway or other overflow device for large
events.
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Return Period - The average interval, in years, within which a storm

event of a given magnitude can be expected to recur. For example, the 25-
year return period rainfall would be expected to recur on the average of
once every twenty-five years.
Riser - A vertical pipe extending from the bottom of a pond that is

used to control the discharge rate from the pond for a specified design
storm.
Road Maintenance - Earth disturbance activities within the existing

road cross-section, such as grading and repairing existing unpaved road
surfaces, cutting road banks, cleaning or clearing drainage ditches and
other similar activities.
Roof Drains - A drainage conduit or pipe that collects water runoff

from a roof and leads it away from the structure.
Rooftop Detention - Temporary ponding and gradual release of

stormwater falling directly onto flat roof surfaces by incorporating
controlled-flow roof drains into building designs.
Runoff - Any part of precipitation that flows over the land surface.
SALDO – The Township Subdivision and Land Development Ordinance.
Sediment Basin - A barrier, dam, retention or detention basin

located and designed to retain rock, sand, gravel, silt, or other material
transported by water during construction.
Sediment Pollution - The placement, discharge or any other

introduction of sediment into the waters of the Commonwealth.
Sedimentation - The process by which mineral or organic matter is

accumulated or deposited by the movement of water or air.
Seepage Pit/Seepage Trench - An area of excavated earth filled with

loose stone or similar coarse material, into which surface water is
directed for infiltration into the underground water.
Separate Storm Sewer System - A conveyance or system of conveyances

(including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, man-made channels or storm drains) primarily used
for collecting and conveying stormwater runoff.
Shallow Concentrated Flow - Stormwater runoff flowing in shallow,

defined ruts prior to entering a defined channel or waterway.
Sheet Flow – A flow process associated with broad, shallow water

movement on sloping ground surfaces that is not channelized or
concentrated.
Soil-Cover Complex Method - A method of runoff computation developed

by the NRCS that is based on relating soil type and land use/cover to a
runoff parameter called Curve Number (CN).
Source Water Protection Areas (SWPA) – The zone through which

contaminants, if present, are likely to migrate and reach a drinking water
well or surface water intake.
Special Geologic Features - Carbonate bedrock features, including

but not limited to closed depressions, existing sinkholes, fracture
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traces, lineaments, joints, faults, caves and pinnacles, which may exist
and must be identified on a site when stormwater management BMPs are being
considered.
Special Protection Subwatersheds - Watersheds for which the

receiving waters are exceptional value (EV) or high quality (HQ) waters.
Spillway – A conveyance that is used to pass the peak discharge of

the maximum design storm controlled by the stormwater facility.
State Water Quality Requirements – The regulatory requirements to

protect, maintain, reclaim, and restore water quality under Pennsylvania
Code Title 25 and the Clean Streams Law.
Storage Indication Method - A reservoir routing procedure based on

solution of the continuity equation (inflow minus outflow equals the
change in storage) with outflow defined as a function of storage volume
and depth.
Storm Frequency - The number of times that a given storm "event"

occurs or is exceeded on the average in a stated period of years. See
"Return Period".
Storm Sewer - A system of pipes and/or open channels that convey

intercepted runoff and stormwater from other sources, but excludes
domestic sewage and industrial wastes.
Stormwater - The surface runoff generated by precipitation reaching

the ground surface.
Stormwater Management District - Those subareas in which some type

of detention is required to meet the plan requirements and the goals of
Act 167.
Stormwater Management Facility - Any structure, natural or man-made,

that, due to its condition, design, or construction, conveys, stores, or
otherwise affects stormwater runoff quality, rate or quantity. Typical
stormwater management facilities include, but are not limited to,
detention and retention basins, open channels, storm sewers, pipes, and
infiltration structures.
Stormwater Management Plan - The plan for managing those land use
activities that will influence stormwater runoff quality and quantity and
that would impact the Tributaries to the Schuylkill River Watershed
adopted by Berks County as required by the Act of October 4, 1978, P.L.
864, (Act 167), and known as the "The Tributaries to The Schuylkill River
in Berks County Act 167 Stormwater Management Plan”.
Stormwater Management Site Plan - The plan prepared by the Applicant

or his representative indicating how stormwater runoff will be managed at
the particular site of interest according to this Chapter.
Stream – A natural watercourse.
Stream Buffer – The land area adjacent to each side of a stream,

essential to maintaining water quality. (See Buffer)
Stream Enclosure - A bridge, culvert or other structure in excess of

100 feet in length upstream to downstream which encloses a regulated water
of this Commonwealth.
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Subarea (Subwatershed)- The smallest drainage unit of a watershed

for which stormwater management criteria have been established in the
Stormwater Management Plan.
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, partition by the court for
distribution to heirs or devisees, transfer of ownership, or building or
lot development: Provided, however, that the subdivision by lease of land
for agricultural purposes into parcels of more than ten acres, not
involving any new street or easement of access or any residential
dwelling, shall be exempted.
Surface Waters of the Commonwealth - Any and all rivers, streams,

creeks, rivulets, ditches, watercourses, storm sewers, lakes, dammed
water, wetlands, ponds, springs, and all other bodies or channels of
conveyance of surface, or parts thereof, whether natural or artificial,
within or on the boundaries of this Commonwealth.
Swale - A low lying stretch of land which gathers or carries surface

water runoff.
Timber Operations - See Forest Management.
Time-of-Concentration (Tc) - The time for surface runoff to travel

from the hydraulically most distant point of the watershed to a point of
interest within the watershed. This time is the combined total of
overland flow time and flow time in pipes or channels, if any.
Top-of-Bank – Highest point of elevation in a stream channel cross

section at which a rising water level just begins to flow out of the
channel and over the floodplain.
Township – The Township of Amity, Berks County, Pennsylvania.
Township Engineer – A professional engineer licensed as such in the

Commonwealth of Pennsylvania, duly appointed as the engineer for the
Township.
Vernal Pond – Seasonal depressional wetlands that are covered by

shallow water for variable periods from winter to spring, but may be
completely dry for most of the summer and fall.
Watercourse - A channel or conveyance of surface water having

defined bed and banks, whether natural or artificial, with perennial or
intermittent flow.
Waters of the Commonwealth - Any and all rivers, streams, creeks,

rivulets, ditches, watercourses, storm sewers, lakes, dammed water,
wetlands, ponds, springs, and all other bodies or channels of conveyance
of surface and underground water, or parts thereof, whether natural or
artificial, within or on the boundaries of this Commonwealth.
Watershed - Region or area drained by a river, watercourse or other

body of water, whether natural or artificial.
Wellhead – 1. a structure built over a well, 2. the source of water

for a well.
Wellhead Protection Area - The surface and subsurface area
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surrounding a water supply well, well field, spring or infiltration

gallery supplying a public water system, through which contaminants are
reasonably likely to move toward and reach the water source.
Wet Basin - Pond for urban runoff management that is designed to

detain urban runoff and always contains water.
Wetland - Those areas that are inundated or saturated by surface or

groundwater at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including swamps,
marshes, bogs, fens, and similar areas.
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PART 3
Section 301. General Requirements.
(a) Applicants proposing regulated activities in Amity Township

which do not fall under the exemption criteria shown in Section 402 shall
submit a drainage plan consistent with this Chapter to the Township for
review. These criteria shall apply to the total proposed development even
if development is to take place in stages.
(b) The Applicant is required to evaluate practicable alternatives

to the surface discharge of stormwater, the creation of impervious
surfaces and the degradation of waters of the Commonwealth, and must
maintain as much as possible the natural hydrologic regime
(c) The Drainage Plan must be designed consistent with the

sequencing provisions of Section 304 to ensure maintenance of the natural
hydrologic regime and to promote groundwater recharge and protect
groundwater and surface water quality and quantity. The Drainage Plan
designer must proceed sequentially in accordance with Part 3 of this
Chapter.
(d) Existing points of concentrated drainage that discharge onto

adjacent property shall not be altered in any manner which could cause
property damage without permission of the affected property owner(s) and
shall be subject to any applicable discharge criteria specified in this
Chapter.
(e) Areas of existing diffused drainage discharge shall be subject

to any applicable discharge criteria in the general direction of existing
discharge, whether proposed to be concentrated or maintained as diffused
drainage areas, except as otherwise provided by this Chapter. If diffused
drainage discharge is proposed to be concentrated and discharged onto
adjacent property, the Applicant must document that adequate downstream
conveyance facilities exist to safely transport the concentrated
discharge, or otherwise prove that no erosion, sedimentation, flooding or
other impacts will result from the concentrated discharge.
(f) Where a development site is traversed by existing

watercourses, drainage easements shall be provided conforming to the line
of such watercourses. The terms of the easement shall conform to the
stream buffer requirements contained in Section 306(f) of this Chapter.
(g) Any stormwater management facilities regulated by this Chapter

that would be located in or adjacent to waters of the Commonwealth or
wetlands shall be subject to approval by PaDEP through the Joint Permit
Application process, or, where deemed appropriate by PaDEP, the General
Permit process. When there is a question whether wetlands may be
involved, it is the responsibility of the Applicant or his agent to show
that the land in question cannot be classified as wetlands, otherwise
approval to work in the area must be obtained from PaDEP.
(h) Any alteration that affects stormwater flow directly or

indirectly toward a PennDOT facility shall be subject to PennDOT
regulations.
(i) Minimization of impervious surfaces and infiltration of runoff
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through seepage beds, infiltration trenches, etc. are encouraged, where

soil conditions permit, to reduce the size or eliminate the need for
detention facilities or other structural BMPs.
(j) Roof drains shall not be connected to impervious surfaces in

order to promote overland flow and infiltration/ percolation of stormwater
where advantageous to do so. When site conditions preclude
infiltration/percolation, then it shall be permitted on a case by case
basis by the Township.
(k) All stormwater runoff shall be treated for water quality
(l) Transference of runoff to or from an EV/HQ watershed is

prohibited unless otherwise authorized by DEP, DRBC or SRBC.
(m) The Board may require that a landowner or developer provide

reasonable corrective measures to alleviate an existing off-site drainage
problem that may be affected by the proposed subdivision and/or land
development. It shall be the responsibility of the landowner or developer
to obtain all drainage easements on, over, or through other properties,
and the Township, its agents, workmen, servants and employees shall be
indemnified and held harmless from any liability.
Section 302. Permit Requirements by Other Government Entities. Permits must

comply with any and all applicable local, county, state and federal regulations.
Section 303. Erosion and Sediment Control During Regulated Earth

Disturbance Activities.
(a) No Regulated Earth Disturbance activities within the Township

shall commence until the Township receives an approval from the
Conservation District of an Erosion and Sediment Control Plan for
construction activities.
(b) DEP has regulations that require an Erosion and Sediment

Control Plan for any earth disturbance activity of 5,000 square feet or
more, under 25 Pa. Code § 102.4(b).
(c) In addition, under 25 Pa. Code Chapter 92, a DEP “NPDES

Construction Activities” permit is required for Regulated Earth
Disturbance activities.
(d) Evidence of any necessary permit(s) for Regulated Earth

Disturbance activities from the appropriate DEP regional office or County
Conservation District must be provided to the Township. The issuance of an
NPDES Construction Permit (or permit coverage under the statewide General
Permit (PAG-2) satisfies the requirements subsection 303.A.
(e) A copy of the Erosion and Sediment Control plan and any
required permit, as required by DEP regulations, shall be available at the
project site at all times.
(f) Additional erosion and sediment control design standards and

criteria are recommended to be applied where infiltration BMPs are
proposed shall include the following:
(1) Areas proposed for infiltration BMPs shall be protected

from sedimentation and compaction during the construction phase to
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maintain maximum infiltration capacity.
(2) Infiltration BMPs shall not be constructed nor receive

runoff until the entire contributory drainage area to the
infiltration BMP has achieved final stabilization
Section 304. Nonstructural Project Design (Sequencing to Minimize

Stormwater Impacts).
(a) For projects disturbing one (1) acre or more, the design of
all Regulated Activities shall include evaluation of practicable
alternatives to the surface discharge of stormwater, the creation of
impervious surfaces, and the degradation of waters of the Commonwealth,
and must maintain as much as possible the natural hydrologic regime of the
site.
(1) An alternative is practicable if it is available and

capable of being done after taking into consideration cost, existing
technology and logistics in light of overall project purposes, and
other Township requirements.
(2) All practicable alternatives to the discharge of

stormwater are presumed to have less adverse impact on quantity and
quality of waters of the Commonwealth unless otherwise demonstrated.
(b) The Applicant shall demonstrate that they designed the

Regulated Activities that disturb one (1) acre or more included
consideration of the following issues:
(1) Prepare an Existing Resource and Site Analysis Map

(ERSAM), showing environmentally sensitive areas including, but not
limited to, steep slopes, ponds, lakes, streams, wetlands, hydric
soils, vernal pools, flood plains, stream buffer zones, hydrologic
soil groups A and B (areas conducive to infiltration), special
geologic features, any existing recharge areas and any other
requirements outlined in the Township Subdivision and Land
Development Ordinance.
(2) Establish appropriate buffers for each of the delineated

environmentally sensitive areas per the Township Zoning Ordinance
(See Section 306(f) for stream buffers and Section 310(k) for
special geologic feature buffers).
(3) Prepare a draft project layout avoiding sensitive areas

identified in Section 304(b)(1).
(4) Identify site specific existing conditions drainage

areas, discharge points, recharge areas and hydrologic soil groups A
and B.
(5) Evaluate Nonstructural Stormwater Management

Alternatives
(i) Minimize earth disturbance
(ii) Minimize impervious surfaces
(iii) Break up large impervious surfaces.
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(6) Satisfy infiltration objective (Section 305) and provide

for stormwater pretreatment prior to infiltration. Pretreatment may
not be necessary for rooftop runoff which enters the infiltration
facility directly from a roof leader.
(7) Satisfy water quality (Section 306) and streambank

erosion protection objective (Section 307).
(8) Determine what Management District the site falls into

(Appendix D) and conduct an existing conditions runoff analysis.
(9) Prepare final project design to maintain existing

conditions drainage areas and discharge points, to minimize earth
disturbance and impervious surfaces, and to the maximum extent
possible, to ensure the remaining site development has no surface or
point discharge.
(10) Conduct a proposed conditions runoff analysis based on

the final design and to meet the release rate and in turn the
overbank flow and extreme event requirements (Section 308).
(11) Manage any remaining runoff through treatment prior to

discharge, as part of detention, bioretention, direct discharge or
other structural control.
Section 305. Ground Water Recharge (Infiltration/Recharge/Bioretention).

Maximizing the ground water recharge capacity of the area being developed is
required. Design of the infiltration stormwater management facilities shall give
consideration to providing ground water recharge to compensate for the reduction
in the percolation that occurs when the ground surface is disturbed or impervious
surface is created. It is recommended that roof runoff be directed to
infiltration BMPs which can be over-designed to compensate for the infiltration
losses due to parking areas. It is recommended that roof runoff be directed to
infiltration BMPs which may be designed to compensate for the runoff from parking
areas. These measures are required to be consistent with Section 103, and take
advantage of utilizing any existing recharge areas.
Infiltration may not be feasible on every site due to site-specific

limitations such as soil type. If it cannot be physically accomplished, due to
seasonal high water table, soil permeability rate, soil depth or setback
distances from special geologic features, then the design professional shall be
responsible to show that this cannot be physically accomplished. If it can be
physically accomplished, then the volume of runoff to be infiltrated shall be
determined from Sections 305(a)(3) depending on demonstrated site conditions and
shall be the greater of the two volumes.
(a) Infiltration BMPs shall meet the following minimum

requirements:
(1) Infiltration Requirements. Regulated activities will be

required to infiltrate, where site conditions permit, a portion of
the runoff created by the development as part of an overall
stormwater management plan designed for the site. The volume of
runoff to be infiltrated shall be determined from Sections
305.A.3.a. or 305.A.3.b, depending upon demonstrated site
conditions.
(2) Infiltration BMPs intended to receive runoff from

developed areas shall be selected based on suitability of soils and
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site conditions and shall be constructed on soils that have the

following characteristics:
(i) A minimum depth of 24 inches between the bottom of

the BMP and the limiting zone.
(ii) An infiltration and/or percolation rate sufficient

to accept the additional stormwater load and drain completely
as determined by field tests conducted by the Applicant’s
design professional.
(iii) The infiltration facility shall be capable of

completely infiltrating the required retention (infiltration)
volume within 4 days (96 hours).
(iv) Pretreatment shall be provided prior to

infiltration.
(3) The size of the infiltration facility shall be based

upon the following volume criteria:
(i) NRCS Curve Number equation.
The NRCS runoff equation shall be utilized to calculate

infiltration requirements (I) in inches.
I (Infiltration requirement, in inches) = (200 / CN) – 2

Eqn: 305.1
Where:
CN = SCS (NRCS) curve number of existing conditions

contributing to the infiltration facility.
This equation is displayed graphically in, and the

infiltration requirement can be determined from Figure
305.1.
It has been determined that infiltrating 0.46 inches

of runoff from the impervious areas will aid in
maintaining the hydrologic regime of the watershed.
However, the rounded number 0.5 inches will be used.
XXV -24
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Required Infiltration (I) in inches by NRCS CN

Infiltration Requirement (I) (in)
3.5
3
2.5
2
1.5
1
0.5
0
40 45 50 55 60 65 70 75 80 85 90 95 100
SCS Curve Number (CN)
Figure 305.1. Infiltration requirement based upon NRCS Curve Number.
The retention (infiltration) volume (Re v ) required to

meet the infiltration requirement would therefore be
computed as:
Re v = (0.5 or I, whichever is greater)* impervious area (square

feet) / (12 in/ft) = Cubic Feet
Eqn:
305.2
Where:
I = infiltration requirements (in inches.)
(ii) Annual Recharge – Water Budget Approach.
If the goals of Sections 305.A.3.a cannot be achieved,

then 0.5 inches of rainfall shall be infiltrated from
all impervious areas, up to a an existing site
conditions curve number of 81. Above a curve number of
81, Equation 305.1 or the curve in Figure 305.1 should
be used to determine the infiltration requirement.
The retention (infiltration) volume (Re v ) required

again would therefore be computed as:
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
Re v = (0.5 or I, whichever is greater) * impervious area (sq.ft.) /

(12in/ft) = Cubic Feet.
(b) Soils Testing – If on-lot infiltration is proposed as part of

a project, the Applicant’s design professional must demonstrate to the
satisfaction of the Township that the soils are conducive to infiltration
at the proposed location of infiltration facilities. Soils testing shall
be completed as follows:
(1) Soils testing must be conducted by a qualified design

professional and at a minimum shall address depth to limiting zone,
soil permeability, and subgrade stability. Soils testing must be
observed by a representative of the Township.
(2) Analyze hydrologic soil groups as well as natural and

man-made features within the site to determine general areas of
suitability for infiltration practices. In areas where development
on fill material is under consideration, conduct geotechnical
investigations of sub-grade stability; infiltration may not be ruled
out without conducting these tests.
(3) Conduct field testing including: test pits to determine

soil horizons and depth to limiting zone and permeability tests, at
the elevation of the proposed infiltration facility surface, to
determine the appropriate hydraulic conductivity rate. Double ring
infiltrometer or hydraulic conductivity tests should be used to
determine soil permeability (percolation tests are not recommended
for design purposes). Site evaluation and soils testing should be
conducted in accordance with Appendix C of the Pennsylvania
Stormwater Best Management Practices Manual.
(4) The proposed infiltration facilities shall be designed

for the required recharge (Re v ) volume based on the field determined
capacity at the surface elevation of the proposed infiltration
facility.
(c) Carbonate Areas – The Applicant is required to investigate the

ability of all areas on the site which are not underlain by carbonate rock
to meet the infiltration requirements of Section 305(a). If this
investigation proves infeasible, infiltration can occur on areas underlain
by carbonate rock by following the recommended procedure below in
conjunction with Figure B-1 in Chapter Appendix B. However, the Applicant
is not required to use infiltration in carbonate areas even if the site
falls into the “Recommended” range on Figure B-1 in Chapter Appendix B.
If infiltration is not proposed, the calculated infiltration volume
(Section 305(a)) shall be treated by an acceptable BMP.
Infiltration BMP loading rate percentages in Figure B-1 in Chapter

Appendix B shall be calculated as follows:
 Area tributary to the infiltration BMP 

  *100%
 Base Area of the infiltration BMP 
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The area tributary to the infiltration BMP shall be weighted as follows:
Area Description Weighting

All disturbed area to be made 100%
impervious
All disturbed areas to be made pervious 50%
All undisturbed impervious areas 100%
All undisturbed pervious areas 0%
Soil thickness is to be measured from the bottom of any proposed

infiltration BMP. The effective soil thickness in Figure B-1 in Chapter
Appendix B is the measured soil thickness multiplied by the thickness
factor based on soil permeability, as follows:
Permeability Range Thickness Factor

6.0 to 12.0 inches/hr 0.8
2.0 to 6.0 inches / hr 1.0
The design of all facilities over Karst shall include an evaluation of

measures to minimize adverse effects.
(d) Stormwater Hotspots – Following is a list of examples of

designated hotspots. If a site is designated as a hotspot, it has
important implications for how stormwater is managed. First and foremost,
untreated stormwater runoff from hotspots shall not be allowed to recharge
into groundwater where it may contaminate water supplies. Therefore, the
Rev requirement shall NOT applied to development sites that fit into the
hotspot category (the entire WQv must still be treated). Second, a
greater level of stormwater treatment shall be considered at hotspot sites
to prevent pollutant washoff after construction. EPA’s NPDES stormwater
program requires some industrial sites to prepare and implement a
stormwater pollution prevention plan.
Examples of Hotspots:
• Vehicle salvage yards and recycling facilities

• Vehicle fueling stations
• Vehicle service and maintenance facilities
• Vehicle and equipment cleaning facilities
• Fleet storage areas (bus, truck, etc.)
• Industrial sites (based on Standard Industrial Codes)
• Marinas (service and maintenance)
• Outdoor liquid container storage
• Outdoor loading/unloading facilities
• Public works storage areas
• Facilities that generate or store hazardous materials
• Commercial container nursery
• Other land uses and activities as designated by an appropriate review
authority
The following land uses and activities are not normally considered
hotspots:
• Residential streets and rural highways

• Residential development
• Institutional development
• Office developments
• Non-industrial rooftops
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• Pervious areas, except golf courses and nurseries (which may need an
Integrated Pest Management (IPM) Plan).
While large highways (average daily traffic volume (ADT) greater than
30,000) are not designated as a stormwater hotspot; it is important to
ensure that highway stormwater management plans adequately protect
groundwater.
(e) Caution shall be exercised where infiltration is proposed in

Source Water Protection Areas as defined by the Township or local Water
Authority.
(f) Infiltration facilities shall be used in conjunction with

other innovative or traditional stormwater control facilities that are
found within the PADEP State BMP Manual
(g) Caution shall be exercised where salt or chloride (municipal

salt storage) would be a pollutant since soils do little to filter this
pollutant and it may contaminate the groundwater. The qualified design
professional shall evaluate the possibility of groundwater contamination
from the proposed infiltration facility and perform a hydrogeologic
justification study if necessary.
(h) The infiltration requirement in High Quality or Exceptional

Value waters shall be subject to the Department’s Chapter 93
Antidegradation Regulations.
(i) Dependant upon certain landuse or hotspots an impermeable

liner will be required in detention basins where the possibility of
groundwater contamination exists. A detailed hydrogeologic investigation
may be required by the Township.
(j) The Township shall require the Applicant to provide safeguards

against groundwater contamination for land uses that may cause groundwater
contamination should there be a mishap or spill.
(k) Infiltration Design Criteria
(1) All infiltration systems shall have appropriate positive

overflow controls to prevent storage within one (1) foot of the
finished surface or grade.
(2) All infiltration systems shall have a minimum setback of

fifteen (15) feet from principal structures, ten (10) feet from
property lines, 100 feet from wells, 50 feet from septic system
drain fields, and 50 feet from a geologic contact with carbonate
bedrock. Care should be taken to prevent any seepage into
subgrade structures.
(3) Surface inflows shall be treated to prevent the direct

discharge of sediment and pollutants into the infiltration system;
accumulated sediment reduces stormwater storage capacity and
ultimately clogs the infiltration mechanism.
(4) No sand or other particulate matter may be applied to a

porous paving surface for winter ice conditions.
(5) During site construction, all recharge system components

shall be protected from compaction due to heavy equipment
operation or storage of fill or construction material. Recharge
areas shall be protected from sedimentation. All areas designated
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for recharge shall not receive runoff until the contributory

drainage area has achieved final stabilization.
(6) The following procedures and materials shall be required

during the construction of all subsurface facilities:
(i) Excavation for the infiltration facility shall be

performed with equipment which will not compact
the bottom of the seepage bed/trench, or like
facility.
(ii) The bottom of the bed and/or trench shall be

scarified prior to the placement of aggregate.
(iii) Only clean aggregate, free of fines, shall be

allowed.
(iv) The top and sides of all seepage beds, trenches,

or like facilities shall be covered with drainage
filtration fabric. Fabric shall meet the
specifications of PennDOT Publication 408,
Section 735, Construction Class 1.
(v) Perforated distribution pipes connected to

centralized catch basins and/or manholes with
provision for the collection of debris shall be
provided in all facilities. The perforated pipes
shall distribute stormwater throughout the entire
seepage bed/trench, or like facility.
(7) All infiltration facilities which service more than one

(1) lot and are considered a common facility shall have an
easement provided to the Township for future access if necessary.
(8) No more than 50% of the required infiltration volume may

be provided in detention basin bottoms. The remaining 50% of
infiltration volumes shall be provided at or near the proposed
impervious coverage.
Section 306. Water Quality Requirements. The applicant shall comply with
the following water quality requirements of this Part.
(a) Developed areas shall provide adequate storage and treatment

facilities necessary to capture and treat stormwater runoff. The
infiltration volume computed under Section 305 may be a component of the
water quality volume if the Applicant chooses to manage both components in
a single facility. If the infiltration volume is less than the water
quality volume, the remaining water quality volume may be captured and
treated by methods other than infiltration BMPs. The required water
quality volume (WQv) is the storage capacity needed to capture and treat a
portion of stormwater runoff from the developed areas of the site.
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To achieve this goal, the following criterion is established:
The following calculation formula is to be used to determine the

water quality storage volume, (WQv), in acre-feet of storage for
Amity Township:
WQv=[(P)(Rv)(A)]/12
Eqn: 306 1
WQ v = Water Quality Volume (acre-feet)
P = 1 inch
A = Total contributing drainage area to the water quality BMP
(acres)
R v = 0.05 + 0.009(I) where I is the percent of the area that is
impervious surface ((impervious area/A)*100)
This volume requirement can be accomplished by the permanent volume

of a wet basin or the detained volume from other BMPs.
Release of water can begin at the start of the storm (i.e., the
invert of the water quality orifice is at the invert of the
facility). The design of the facility shall provide for protection
from clogging and unwanted sedimentation.
(b) For areas within defined Special Protection subwatersheds

which include Exceptional Value (EV) and High Quality (HQ) waters, Cold
Water Fishery (CWF) the temperature and quality of water and streams shall
be maintained.
(c) To accomplish the above, the Applicant shall use innovative or

traditional stormwater control facilities that are found within the PADEP
State BMP Manual.
(d) If a perennial or intermittent stream passes through the site,

the applicant shall create a stream buffer extending a minimum of fifty
(50) feet to either side of the top-of-bank of the channel. The buffer
area shall be maintained with appropriate native vegetation (Reference to
Appendix H of Pennsylvania Handbook of Best Management Practices for
Developing Area for plant lists). If the applicable rear or side yard
setback is less than fifty (50) feet, the buffer width may be reduced to
twenty-five (25) percent of the setback to a minimum of ten (10) feet. If
an existing buffer is legally prescribed (i.e. deed, covenant, easement,
etc.) and it exceeds the requirements of this Chapter, the existing buffer
shall be maintained. This does not include lakes or wetlands.
(e) Evidence of any necessary permit(s) for regulated earth

disturbance activities from the appropriate DEP regional office must be
provided to the Township.
Section 307. Streambank Erosion Requirements. In addition to control of

the water quality volume, in order to minimize the impact of stormwater runoff on
downstream streambank erosion, the primary requirement is to design a BMP to
detain the proposed conditions 2-year, 24-hour design storm to the existing
conditions 1-year peak flow using the SCS Type II distribution. Additionally,
provisions shall be made (such as adding a small orifice at the bottom of the
outlet structure) so that the proposed conditions 1-year storm takes a minimum of
24 hours to drain from the facility from a point where the maximum volume of
water from the 1-year storm is captured. (i.e., the maximum water surface
elevation is achieved in the facility). Release of water can begin at the start
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of the storm (i.e., the invert of the water quality orifice is at the invert of
the facility).
The minimum orifice size in the outlet structure to the BMP shall be a three (3)
inch diameter orifice and a trash rack shall be installed to prevent clogging. On
sites with small contributing drainage areas to this BMP that do not provide
enough runoff volume to allow a 24-hour attenuation with the 3 inch orifice, the
calculations shall be submitted showing this condition. Orifice sizes less than
3 inches can be utilized provided that the design will prevent clogging of the
intake.
Section 308. Stormwater Management Districts.
(a) Amity Township has been divided into stormwater management

districts as shown on the Stormwater Management Districts Map in Appendix
D.
In addition to the requirements specified in Table 308.1 below, the

groundwater recharge (Section 305), water quality (Section 306), and
streambank erosion control (Section 307), requirements shall be
implemented.
Standards for managing runoff from each subarea for the 2-year through
100-year design storms are shown in Table 308.1. Development sites
located in each of the Districts must control proposed conditions runoff
rates to existing conditions runoff rates for the design storms in accord
with Table 308.1.
TABLE 308.1 – Water Quantity Requirements
Management Proposed Condition Existing Condition Design

District Design Storm Storm
2-year 1-year
5-year 2-year
10-year 5-year
B Reduce To
25-year 10-year
50-year 25-year
100-year 50-year
2-year 1-year
5-year 5-year
10-year 10-year
C Reduce To
25-year 25-year
50-year 50-year
100-year 100-year
All areas, regardless of the release rate, must still meet the
requirements of the groundwater recharge criteria (Section 305), water
quality criteria (Section 306), and streambank erosion criteria (Section
307).
(b) General - Proposed condition rates of runoff from any

regulated activity shall not exceed the peak release rates of runoff prior
to development for the design storms specified on the Stormwater
Management Districts Map (Chapter Appendix D) and Section 308, of this
Chapter.
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(c) District Boundaries - The boundaries of the Stormwater

Management Districts are shown on in the Chapter Appendix D. The exact
location of the Stormwater Management District boundaries as they apply to
a given development site shall be determined by mapping the boundaries
using the two-foot topographic contours (or most accurate data required)
provided as part of the Drainage Plan.
(d) Sites Located in More Than One District - For a proposed

development site located within two or more stormwater management district
category subareas, the peak discharge rate from any subarea shall meet the
Management District Criteria for which the discharge is located, as
indicated in Section 308. The calculated peak discharges shall apply
regardless of whether the grading plan changes the drainage area by
subarea. .
(e) Off-Site Areas - Off-site areas that drain through a proposed

development site are not subject to release rate criteria when determining
allowable peak runoff rates. However, on-site drainage facilities shall
be designed to safely convey off-site flows through the development site.
(f) Site Areas - Where the site area to be impacted by a proposed

development activity differs significantly from the total site area, only
the proposed impact area utilizing stormwater management measures shall be
subject to the Management District Criteria. In other words, unimpacted
areas bypassing the stormwater management facilities would not be subject
to the Management District Criteria.
Section 309. Calculation Methodology.
(a) Stormwater runoff from all development sites with a drainage

area of greater than 5 acres shall be calculated using a generally
accepted calculation technique that is based on the NRCS soil cover
complex method. Table 309-1 summarizes acceptable computation methods and
the method selected by the design professional shall be based on the
individual limitations and suitability of each method for a particular
site. The Township may allow the use of the Rational Method to estimate
peak discharges from drainage areas that contain less than 5 acres. The
Soil Complex Method shall be used for drainage areas greater than 5 acres.
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TABLE 309-1
Acceptable Computation Methodologies For
Stormwater Management Plans
METHOD METHOD DEVELOPED BY APPLICABILITY

TR-20 Applicable where use of
(or commercial USDA NRCS full hydrology computer
computer package model is desirable or
based on TR-20) necessary.
TR-55 Applicable for land
(or commercial development plans within
USDA NRCS
computer package limitations described in
based on TR-55) TR-55.
Applicable where use of
US Army Corps of full hydrologic computer
HEC-1 / HEC-HMS
Engineers model is desirable or
necessary.
Applicable where use of a
hydrologic computer model
PSRM Penn State University is desirable or necessary;
simpler than TR-20 or HEC-
1.
Rational Method For sites less than 5 acres
or commercial and with time of
computer package Emil Kuichling(1889) concentration less than 60
based on Rational minutes (tc< 60 min), or as
Method) approved by the Township
Other computation
Other Methods Varies methodologies approved by
the Township.
*Note: Successors to the above methods are also acceptable. These successors
include WinTR55 for TR-55 and WinTR20 for TR-20 and SWMM
(b) All calculations consistent with this Chapter using the soil
cover complex method shall use the appropriate design rainfall depths for
the various return period storms according to the region in which they are
located as presented in Table B-1 in Appendix B of this Chapter. If a
hydrologic computer model such as PSRM or HEC-1 / HEC-HMS is used for
stormwater runoff calculations, then the duration of rainfall shall be 24
hours. The rainfall distribution should reference to NOAA Atlas 14.
(c) For the purposes of existing conditions flow rate

determination, undeveloped land shall be considered as "meadow" in good
condition, unless the natural ground cover generates a lower curve number
or Rational 'C' value (i.e., forest), as listed in Table B-2 or B-3 in
Appendix B of this Chapter.
(d) All calculations using the Rational Method shall use rainfall
intensities consistent with appropriate times-of-concentration for
overland flow and return periods from the NOAA Atlas 14 Precipitation-
Frequency Atlas of the United States (2004, revised 2006). Times-of-
concentration for overland flow shall be calculated using the methodology
presented in Chapter 3 of Urban Hydrology for Small Watersheds, NRCS, TR-
55 (as amended or replaced from time to time by NRCS). Times-of-
concentration for channel and pipe flow shall be computed using Manning's
equation. NRCS lag equation divided by 0.6 as acceptable method for Tc in
undeveloped areas.
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(e) Runoff Curve Numbers (CN) for both existing and proposed
conditions to be used in the soil cover complex method shall be obtained
from Table B-2 in Appendix B of this Chapter.
(f) Runoff coefficients (c) for both existing and proposed

conditions for use in the Rational method shall be obtained from Table B-3
in Appendix B of this Chapter.
(g) Where uniform flow is anticipated, the Manning equation shall

be used for hydraulic computations, and to determine the capacity of open
channels, pipes, and storm sewers. Values for Manning's roughness
coefficient (n) shall be consistent with Table B-4 in Appendix B of the
Chapter. Full flow shall be assumed for closed conduits.
(h) Outlet structures for stormwater management facilities shall

be designed to meet the performance standards of this Chapter using any
generally accepted hydraulic analysis technique or method.
(i) The design of any stormwater detention facilities intended to

meet the performance standards of this Chapter shall be verified by
routing the design storm hydrograph through these facilities using the
Storage-Indication Method. For drainage areas greater than 5 acres in
size, the design storm hydrograph shall be computed using a calculation
method that produces a full hydrograph (i.e. TR-20, TR-55, HEC-1, PSRM).
The Township may approve the use of any generally accepted full hydrograph
approximation technique that shall use a total runoff volume that is
consistent with the volume from a method that produces a full hydrograph.
Section 310. Other Requirements.
(a) All wet basin designs shall incorporate biologic minimization

controls consistent with the West Nile Guidance found in Appendix F.
(b) Any stormwater management facility (i.e., detention basin)

designed to store runoff and requiring a berm or earthen embankment
required or regulated by this Chapter shall be designed to provide an
emergency spillway to handle flow up to and including the 100-year
proposed conditions and may be subject to PaDEP Chapter 105 regulations.
(c) Any facilities that constitute water obstructions (e.g.,

culverts, bridges, outfalls, or stream enclosures), water encroachments,
and any work involving wetlands governed by PaDEP Chapter 105 regulations
(as amended or replaced from time to time by PaDEP), are subject to PaDEP
Chapter 105 regulations.
(d) Any proposed roadway drainage facilities shall be designed

according to PennDOT Design Manual Part II.
(e) Storm sewers must be able to convey proposed conditions runoff

from a 50-year design storm without flooding inlets, where appropriate.
Roadway crossings must be able to convey runoff from a 100-year design
storm.
(f) Adequate erosion protection shall be provided along all open

channels, and at all points of discharge (DEP erosion and Erosion,
Sediment and Pollution Control Manual).
(g) The Township reserves the right to disapprove any design that
would result in the construction in or continuation of a stormwater
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problem area.
(h) No stormwater detention facility shall be placed within fifty

(50) feet of a special geologic feature. No stormwater conveyance
facility shall be constructed within fifty (50) feet of a special geologic
feature, unless it is constructed of durable pipe utilizing watertight
joints.
Section 311. Standards for Detention Basins.
(a) The following criteria shall be used for the design of

detention and wet basins. Any reference to detention basin shall also
include wet basins.
(i) When detention basins are provided, they shall be

designed to utilize the natural contours of the land wherever
possible. When such design is impracticable, the construction of
the basin shall utilize slopes as flat as possible to blend the
structure into the terrain. All basins shall have maximum side
slope of three (3) horizontal to one (1) vertical (3:1).
(ii) A routed hydrograph and calculations shall be furnished

for each storm through the detention basin.
(iii) Emergency overflow facilities (i.e., emergency spillway)

shall be provided for all detention facilities which shall pass a
100-year storm under orifice block conditions.
(b) In the design of detention basins, the following items listed

below shall be submitted to the Township for review. Any reference to
detention basin shall also include retention basin.
(i) Design computations for the sizing of the outlet device.
(ii) A stage-storage curve for said detention/retention

basin.
(iii) Flood routing and/or storage requirement

calculations.
(iv) A plan showing the berm embankment and outlet structure.

The plan shall indicate top of berm elevations, width of the top of
the berm, side slopes, emergency spillway elevation, and elevations
of the outlet structure, including riser, dimensions and spacing of
anti-seep collars.
(v) A cross section through the outlet structure, emergency

spillway and berm embankment.
(vi) A detailed plan of the trash rack and anti-vortex device

(if required).
(vii) The maximum side slope of earthen detention

embankments shall be 3 horizontal to 1 vertical (3:1). The top
and/or toe (whichever is closer to a property line) of any slope
shall be located a minimum of 25 feet from any property line.
Whenever possible, the side slopes and basin shape shall conform to
the natural topography.
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(viii) The minimum top width of the detention basin berm

shall be 10 feet. A cutoff trench (key-way) of impervious material
shall be provided under all embankments that require fill material.
The cutoff trench shall be a minimum of 8 feet wide, 2 feet deep
and minimum of 2 feet over the pipe, and have maximum side slopes of
1 horizontal to 1 vertical (1:1).
(ix) In order to insure proper drainage on the floor of the

basin, a minimum grade of 2% shall be maintained for areas of sheet
flow. For channel flow, a minimum grade of 1% shall be maintained.
Under certain circumstances, such as continuous seasonal flow, the
Township may require a low flow channel to be constructed. Wet
basins may be designed with a flat bottom upon approval by the
Township Engineer.
(x) All detention basin embankments shall be placed in a

maximum of 8 inch lifts to a minimum of 95% of maximum dry density
as established by ASTM D-1557. Prior to proceeding to the next
lift, the compaction shall be checked by the Township Engineer. The
developer’s contractor shall obtain the services of a qualified
laboratory technician to conduct compaction tests on the leading and
the trailing edge of the berm along with the top of the berm. All
tests shall be furnished to the Township for review.
(xi) Whenever possible, the emergency spillway for detention

basins shall be constructed on undisturbed ground. Emergency
spillways shall be constructed of reinforced concrete checker blocks
or other permanent material approved by the Township Engineer. All
emergency spillways shall be constructed so that the detention basin
berm is protected against erosion. The minimum capacity of all
emergency spillways shall be the peak flow rate from the 100-year
design storm after development. The construction material of the
emergency spillway shall extend along the upstream and downstream
berm embankment slopes. Construction material on the upstream slope
of the emergency spillway shall extend to a minimum of 2 feet below
the spillway crest elevation. The downstream slope of the spillway
shall as a minimum extend to the toe of the berm embankment. The
emergency spillway shall not discharge over earthen fill and/or
easily erodible material.
(xii) A minimum freeboard of 1 foot shall be provided between

the 100-year design stormwater elevation and the invert of the
emergency spillway, and between the design flow through the
emergency spillway and the top of the berm.
(xiii) Anti-seep collars shall be installed around the

pipe barrel within the normal saturation zone of the detention basin
berms. The anti-seep collars and their connections to the pipe
barrel shall be watertight. The anti-seep collars shall extend a
minimum of 2 feet beyond the outside of the principal pipe barrel.
The maximum spacing between collars shall be 14 times the minimum
projection of the collar measured perpendicular to the pipe. A
minimum of 2 anti-seep collars shall be installed on each pipe
outlet.
(xiv) All outlet pipes through the basin berm shall be

reinforced concrete pipe having O-ring joints. All outlet
structures shall be concrete.
(xv) Energy dissipating devices shall be placed at all
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
basin outlets.
(xvi) Easements of all basins shall be provided.
(xvii) Permanent detention basins outlet structures shall

be designed to incorporate multiple stage outlet release devices.
(xviii) A cross-section through the basin from the

proposed pipe termination into the basin to the termination of the
outlet pipe shall be provided.
(xix) At the discretion of the Township, the perimeter

of the detention/retention pond shall be enclosed with a standard
chain link security fence or approved equal with a minimum height of
4 feet with locking gates. Each basin shall be provided with two
gates, one wide enough for maintenance vehicles and a second gate
for pedestrian access. The security fence and gate shall be subject
to the approval of the Township.
(xx) Permanent plantings for wet ponds shall be

designed by a wetland biologist to have a mixture of plants that
thrive in wet areas.
Section 312. Stormwater Collection and Conveyance Standards.
(a) Drainage easements shall be provided to accommodate all storm

drainage requirements and shall be a minimum of 20 feet in width.
Easements shall be provided for all watercourses and storm drainage piping
that are not located within street rights-of-way.
(b) Storm sewers, as required, shall be placed in the cartway of

curbed streets and parallel to the roadway shoulders of streets without
curbs. When located in undedicated land with approval by the Board, storm
sewers shall be placed within an easement not less than 20 feet wide.
(c) Storm Drainage Pipes. The minimum diameter of all storm

drainage pipes shall be 15 inches or an equivalent thereto. All storm
drainage piping shall be laid in a straight line. Storm drainage piping
shall not be permitted under buildings or structures. The minimum grade
of piping shall be 0.5%. All pipe shall be reinforced concrete with O-
rings joints, or smooth bore high density polyethylene pipe. All
structures exposed to the surface shall be reinforced concrete.
(d) When proposed, manholes and inlets (catch basins) shall not
be spaced more than 400 feet apart for pipes of less than or equal to 24
inch diameter and 500 feet apart for pipes of greater than 24 inch
diameter. Additional, manholes or inlets shall be placed at all changes
in alignment, grade or pipe size, and at all points of convergence of 2 or
more influent storm sewer lines. Inlets may be substituted for manholes
where they will serve a useful purpose. In addition, the following
standards shall apply:
(i) Manholes and inlets must conform to the standards

established by PennDOT of Transportation and must be supplied by a
PennDOT Bulletin 15 approved supplier. Such requirement shall be
listed on the plan.
(ii) At street intersections, inlets shall be placed to

prevent the flow of water across intersections.
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(iii) Inlets shall be spaced to limit the gutter spread to

within the parking lane, not more than 8 feet during the 10 year
storm. Capacity of the inlets shall not exceed 4 cubic feet per
second (cfs) for 4 foot inlets and 5 cfs for 6 foot inlets in non-
ponding areas.
(iv) Inlets with a depth greater than 5 feet must be provided

with ladder rungs and noted on the plan as such.
(v) When there is a change in pipe size in the inlet, the

elevation of the top of pipes shall be the same or the smaller pipe
higher. A minimum drop of 2 inches shall be provided at the inlet
pipe invert elevation and the outlet pipe elevation.
(vi) Inlets shall contain a marker which discourages the

discharge of anything other than stormwater into the inlet.
(vii) Inlets in paved areas shall be equipped with bicycle

safe grates. Inlets in non-paved areas shall be equipped with
standard grates.
(viii) Manhole covers shall have the word “STORM” cast on

the top of the cover.
(e) Properly designed, graded and lined drainage swales may be

permitted in lieu of storm sewers in commercial, industrial and
residential areas where approved by the Township. Swale lining must meet
the Conservation District design standards. All drainage channels shall
have a maximum side slope grade of 3 horizontal to 1 vertical (3:1). All
drainage swales shall be provided with a minimum 6-inch freeboard,
measured from the top of the design storm flow to the top of the swale.
(f) Curb requirements shall vary according to street hierarchy

and intensity of the proposed development. Curbing may also be required
for any one or more of the following reasons:
(i) For stormwater management.

(ii) To stabilize the pavement/cartway edge.
(iii) To delineate parking areas.
(iv) To delineate vehicular access lanes.
(v) At intersections, corners and tight radii.
(g) The maximum encroachment of water on the roadway pavement

shall not exceed 4 inches in depth at the curb line during a 10 year
frequency storm. Inlets shall be provided to control the encroachment of
water on the pavement.
(h) Pipe underdrains and/or pavement base drains shall be

provided in areas delineated as having a “seasonal high water table” and
in areas deemed necessary by the Township Engineer during the construction
phase of the project. The installation of the underdrain system shall be
approved by the Township Engineer and paid for by the developer. Pipe
underdrains and pavement base drains shall be constructed in accordance
with PennDOT Pub. 408, Section 610, as amended.
(i) Pipe end sections and/or head walls shall be utilized at all
terminated pipe segments.
(j) All drainage structures located within a State highway right-

of-way shall be reviewed and approved by the PennDOT. A letter from
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PennDOT indicating such approval shall be submitted to the Township prior

to Township approval.
(k) Energy dissipaters shall be provided shall be provided at all

pipe end treatments.
(l) At the discretion of the Township, in situations in which the

design standards and requirements do not apply to the site conditions, the
Township Engineer shall suggest or provide additional and/or alternative
design methods to meet the objectives of this Ordinance.
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
PART 4
DRAINAGE PLAN REQUIREMENTS
Section 401. General Requirements. For any of the activities regulated by

this Chapter, the preliminary or final approval of subdivision and/or land
development plans, the issuance of any building or occupancy permit, or the
commencement of any earth disturbance activity may not proceed until the Property
Owner or Applicant or his/her agent has received written approval of a Drainage
Plan from the Township unless the project qualifies for an exemption from the
requirements to submit a Drainage Plan. (Ordinance No. 243, March 19, 2008,
Section 1)
Section 402. Exemptions.
(a) General Exemptions. The following land use activities are

exempt from the drainage plan submission requirements of this Chapter:
(1) Use of land for gardening for home consumption.
(2) Agricultural plowing and tilling are exempt from the

rate control and SWM site plan preparation requirements of this
Chapter provided the activities are performed according to the
requirements of 25 PA Code, Chapter 102.
(3) Forest Management and timber operations are exempt from

the rate control and SWM site plan preparation requirements of this
Chapter provided the activities are performed according to the
requirements of 25 PA Code, Chapter 102.
(b) Stormwater Quantity Control Exemption. Any Regulated Activity

that meets the impervious area exemption criteria in Table 402-1 shall not
be required to implement the stormwater quantity controls, specified in
Section 308 of this Chapter. These criteria shall apply to the total
development even if development is to take place in phases. The date of
the adoption of this Chapter shall be the starting point from which to
consider tracts as “parent tracts" in which future subdivisions and
respective impervious area computations shall be cumulatively considered.
Impervious areas existing on the "parent tract" prior to adoption of this
Chapter shall not be considered in cumulative impervious area calculations
for exemption purposes.
TABLE 402-1
Impervious Area Exemption Criteria
Total Parcel Impervious Area

Size Exemption (sq.ft.)
0 to <0.125 ac 1,000 sq. ft.
0.125 to <0.5 2,500 sq. ft.
ac
0.5 to <1 ac 5,000 sq. ft.
1 to <2 ac 7,500 sq. ft.
2 to <3 ac 10,000 sq. ft.
3 to <4 ac 12,500 sq. ft.
≥ 4 ac 15,000 sq. ft.
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
Submissions for projects that utilize the exemption under section 402(b)
shall still be required to meet the groundwater recharge (Section 305),
water quality (Section 306), and streambank erosion (Section 307) controls
of this Chapter. Drainage plans in accordance with Sections 403(a)(2),
403(b)(7), (8), (11), (15), and (22) and 403(d)(2) must still be
submitted. Activities which have a proposed impervious area of less than
1,000 SF are exempt from all requirements of this Chapter. Any exemption
must first be approved by the Township.
(c) Additional Exemption Requirement:
(1) Exemption responsibilities – An exemption shall not

relieve the Applicant from implementing such measures as are
necessary to protect the public health, safety, and property. An
exemption shall not relieve the Applicant from providing adequate
stormwater management for Regulated Activities to meet the
requirements of this Chapter.
(2) HQ and EV streams - This exemption shall not relieve the

Applicant from meeting the special requirements for watersheds
draining to high quality (HQ) or exceptional value (EV) waters,
identified and Source Water Protection Areas (SWPA) and requirements
for nonstructural project design sequencing (Section 304),
groundwater recharge (Section 305), water quality (Section 306), and
streambank erosion (Section 307).
(3) Drainage Problems - If a drainage problem is documented

or known to exist downstream of, or expected from the proposed
activity, then the Township may require a drainage plan submittal.
All regulated activities occurring in drainage areas tributary to

waters designated HQ/EV pursuant to 25 PA Code, Chapter 93, shall
not change any biological, chemical, or physical characteristics,
including volume, rate, velocity, course, current, cross section, or
temperature of the waters, unless the activity is specifically
permitted in accordance with the environmental laws of the
Commonwealth.
Section 403. Drainage Plan Contents. The Drainage Plan shall consist of a
general description of the project including sequencing items described in
Section 304, calculations, maps and plans. A note on the maps shall refer to the
associated computations and erosion and sediment control plan by title and date.
The cover sheet of the computations and erosion and sediment control plan shall
refer to the associated maps by title and date. All Drainage Plan materials
shall be submitted to the Township in a format that is clear, concise, legible,
neat, and well organized; otherwise, the Drainage Plan shall not be accepted for
review and shall be returned to the Applicant.
The following items shall be included in the Drainage Plan:
(a) General
(1) General description of the project including those areas

described in Section 304.
(2) General description of permanent stormwater management

techniques, including construction specifications of the materials
to be used for stormwater management facilities.
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
(3) Complete hydrologic, hydraulic, and structural

computations for all stormwater management facilities.
(4) An Erosion and Sediment Control Plan, including all

reviews and approvals by the Conservation District.
(5) A general description of nonpoint source pollution

controls.
(6) Regulated activities that create disconnected Impervious

Areas smaller than 500 sq feet are exempt from the Peak Rate Control
and the SWM Site Plan preparation requirements of this Chapter.
(b) Maps. Map(s) of the project area shall be submitted on 24-

inch x 36-inch sheets and/or shall be prepared in a form that meets the
requirements for recording at the offices of the Recorder of Deeds of
Berks County. If the Township Subdivision and Land Development Ordinance
(SALDO) has more stringent criteria, then the more stringent criteria
shall apply. The contents of the map(s) shall include, but not be limited
to:
(1) The location of the project relative to highways,

municipalities or other identifiable landmarks.
(2) Existing contours at intervals of two feet. In areas of

steep slopes (greater than 15 percent), five-foot contour intervals
may be used.
(3) Existing streams, lakes, ponds or other Waters of the

Commonwealth within the project area.
(4) Other physical features including flood hazard

boundaries, stream buffers, existing drainage courses, areas of
natural vegetation to be preserved, and the total extent of the
upstream area draining through the site.
(5) The locations of all existing and proposed utilities,

sanitary sewers, and water lines within fifty (50) feet of property
lines.
(6) An overlay showing soil names and boundaries.
(7) Limits of earth disturbance, including the type and

amount of impervious area that would be added.
(8) Proposed structures, roads, paved areas, and buildings.
(9) Final contours at intervals of two feet. In areas of

steep slopes (greater than 15 percent), five-foot contour intervals
may be used.
(10) The name of the development, the name and address of the
owner of the property, and the name of the individual or firm
preparing the plan.
(11) The date of submission.
(12) A graphic and written scale of one (1) inch equals no

more than fifty (50) feet; for tracts of twenty (20) acres or more,
the scale shall be one (1) inch equals no more than one hundred
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
(100) feet.
(13) A north arrow.
(14) The total tract boundary and size with distances marked
to the nearest foot and bearings to the nearest degree.
(15) Existing and proposed land use(s).
(16) A key map showing all off site existing man-made

features which may be affected by stormwater runoff or stormwater
management controls for the project.
(17) Location of all open channels.
(18) Overland drainage patterns and swales.
(19) A twenty foot wide access easement around all stormwater

management facilities that would provide ingress to and egress from
a public right-of-way.
(20) The location of all erosion and sediment control

facilities.
(21) A note on the plan indicating the location and

responsibility for maintenance of stormwater management facilities
that would be located on/off-site. All on/off-site facilities shall
meet the performance standards and design criteria specified in this
Chapter.
(22) A statement, signed by the landowner, acknowledging that

any revision to the approved Drainage Plan must be approved by the
Township and the Conservation District.
(23) The following signature block for the Design Engineer:
“I, (Design Engineer), on this date (date of signature),

hereby certify that the Drainage Plan meets all design
standards and criteria of the Amity Township Stormwater
Management Ordinance.”
(c) Supplemental Information
(1) A written description of the following information shall

be submitted:
(i) The overall stormwater management concept for the

project designed in accordance with Section 304.
(ii) Stormwater runoff computations as specified in

this Chapter.
(iii) Stormwater management techniques to be applied

both during and after development.
(iv) Expected project time schedule.
(v) Development stages (project phases) if so

proposed.
(vi) An operation and maintenance plan in accordance
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
with Section 702 of this Chapter.
(2) An erosion and sediment control plan.
(3) The effect of the project (in terms of runoff volumes

and peak flows) on adjacent properties and on any existing Township
stormwater collection system that may receive runoff from the
project site.
(d) Stormwater Management Facilities.
(1) All stormwater management facilities must be shown on

plan. . Detail and/or cross-section drawings must be shown on the
plan for all stormwater management facilities.
(2) When infiltration facilities such as seepage pits, beds

or trenches are used, the locations of existing and proposed septic
tank infiltration areas and wells must be shown.
(3) All calculations, assumptions, and criteria used in the

design of the stormwater management facilities must be shown.
(e) Responsibilities for Operations and Maintenance of Stormwater

Controls and BMPs.
(1) No Regulated Earth Disturbance activities within the

Township shall commence until approval by the Township of a
Stormwater Control and BMP Operations and Maintenance plan which
describes how the permanent (e.g., post-construction) stormwater
controls and BMPs will be properly operated and maintained.
(2) The following items shall be included in the Stormwater

Control and BMP Operations and Maintenance Plan:
(i) Map(s) of the project area, in a form that meets

the requirements for recording at the offices of the Recorder
of Deeds of Berks County, and shall be submitted on 24-inch x
36-inch sheets. The contents of the maps(s) shall include,
but not be limited to:
- Clear identification of the location and

nature of permanent stormwater controls and BMPs,
- The location of the project site relative to

highways, municipal boundaries or other identifiable
landmarks,
- Existing and final contours at intervals of

two feet, or others as appropriate,
- Existing streams, lakes, ponds, or other

bodies of water within the project site area,
- Other physical features including flood

hazard boundaries, sinkholes, streams, existing drainage
courses, and areas of natural vegetation to be
preserved,
- The locations of all existing and proposed

utilities, sanitary sewers, and water lines within 50
feet of property lines of the project site,
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
- Proposed final changes to the land surface

and vegetative cover, including the type and amount of
impervious area that would be added,
- Proposed final structures, roads, paved

areas, and buildings, and
- A fifteen-foot wide access easement around

all stormwater controls and BMPs that would provide
ingress to and egress from a public right-of-way.
(2) A description of how each permanent stormwater control

and BMP will be operated and maintained, and the identity of the
person(s) responsible for operations and maintenance,
(3) The name of the project site, the name and address of
the owner of the property, and the name of the individual or firm
preparing the plan, and
(4) A statement, signed by the landowner, acknowledging that

the stormwater controls and BMPs are fixtures that can be altered or
removed only after approval by the Township.
(c) The Stormwater Control and BMP Operations and Maintenance Plan
for the project site shall establish responsibilities for the continuing
operation and maintenance of all permanent stormwater controls and BMPs,
as follows:
(1) If a plan includes structures or lots which are to be

separately owned and in which streets, sewers and other public
improvements are to be dedicated to the Township, stormwater
controls and BMPs may also be dedicated to and maintained by the
Township;
(2) If a plan includes operations and maintenance by a

single ownership, or if sewers and other public improvements are to
be privately owned and maintained, then the operation and
maintenance of stormwater controls and BMPs shall be the
responsibility of the owner or private management entity.
(d) The Township shall make the final determination on the

continuing operations and maintenance responsibilities. The Township
reserves the right to accept or reject the operations and maintenance
responsibility for any or all of the stormwater controls and BMPs.
(e) Township Review of Stormwater Control and BMP Operations and

Maintenance Plan.
(1) The Township shall review the Stormwater Control and BMP
Operations and Maintenance Plan for consistency with the purposes
and requirements of this Chapter, and any permits issued by DEP.
(2) The Township shall notify the Applicant in writing

whether the Stormwater Control and BMP Operations and Maintenance
Plan is approved.
(3) The Township may require a "Record Drawing" of all

stormwater controls and BMPs, and an explanation of any
discrepancies with the Operations and Maintenance Plan.
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
Section 404. Plan Submission. The Township shall require receipt of a

complete plan, as specified in this Chapter.
For any activities that require an NPDES Permit for Stormwater Discharges from
Construction Activities, a PaDEP Joint Permit Application, a PennDOT Highway
Occupancy Permit, or any other permit under applicable state or federal
regulations or are regulated under Chapter 105 (Dam Safety and Waterway
Management) or Chapter 106 (Floodplain Management) of PaDEP's Rules and
Regulations, the proof of application for said permit(s) or approvals shall be
part of the plan. The plan shall be coordinated with the state and federal
permit process and the Township SALDO review process.
(a) For projects which require SALDO approval, the Drainage Plan
shall be submitted by the Applicant as part of the Preliminary Plan
submission where applicable for the Regulated Activity. Such plans and
associated reports must be signed and sealed by a qualified design
professional.
(b) For these regulated activities that do not require SALDO

approval, see Section 401, General Requirements.
(c) Six (6) copies of the Drainage Plan shall be submitted and
distributed as follows:
(1) Two (2) copies to the Township accompanied by the

requisite Township Review Fee, as specified in this Chapter.
(2) Two (2) copies to the Conservation District.
(3) One (1) copy to the Township Engineer.
(4) One (1) copy to the County Planning

Commission/Department.
Section 405. Drainage Plan Review.
(a) The Township shall review the Drainage Plan with the standards
set forth in this Chapter. Any found incomplete shall not be accepted for
review and shall be returned to the Applicant.
(b) For activities regulated by this Chapter, the Township shall

notify the Applicant in writing, within 90 calendar days, whether the
Drainage Plan is consistent with the Stormwater Management Plan.
(1) Should the Drainage Plan be determined to be consistent

with the Stormwater Management Plan, the Township Engineer shall
forward an approval letter to the Township Secretary who will then
forward a copy to the Applicant.
(2) Should the Drainage Plan be determined to be

inconsistent with the Stormwater Management Plan, the Township
Engineer shall forward a disapproval letter to the Township
Secretary who will then forward a copy to the Applicant. The
disapproval letter shall cite the reason(s) and specific Ordinance
sections for the disapproval. Disapproval may be due to inadequate
information to make a reasonable judgment as to compliance with the
stormwater management plan. Any disapproved Drainage Plans may be
revised by the Applicant and resubmitted consistent with this
Chapter.
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
(c) For Regulated Activities specified in Section 105 of this

Chapter, which require a building permit, the Township Engineer shall
notify the Township Building Code Official in writing, within a time frame
consistent with the Township Building Code and/or Township Subdivision
Ordinance, whether the Drainage Plan is consistent with the Stormwater
Management Plan and forward a copy of the approval/disapproval letter to
the Applicant. Any disapproved drainage plan may be revised by the
Applicant and resubmitted consistent with this Chapter.
(d) For regulated activities under this Chapter that require an

NPDES Permit Application, the Applicant shall forward a copy of the
Township Engineer's letter stating that the Drainage Plan is consistent
with the stormwater management plan to the Conservation District. PaDEP
and the Conservation District may consider the Township Engineer's review
comments in determining whether to issue a permit.
(e) The Township shall not grant approval or grant preliminary

approval to any subdivision or land development for Regulated Activities
specified in Section 105 of this Chapter if the Drainage Plan has been
found to be inconsistent with the Stormwater Management Plan, as
determined by the Township. All required permits from PaDEP must be
obtained prior to approval of any subdivision or land development.
(f) The Applicant shall be responsible for completing record

drawings of all stormwater management facilities included in the approved
Drainage Plan. The record drawings and an explanation of any
discrepancies with the design plans shall be submitted to the Township for
final approval. The Township may withhold approval of the record drawings
until the Township receives a copy of an approved Highway Occupancy Permit
from the PennDOT District Office, NPDES Permit, and any other applicable
permits or approvals, from PaDEP or the Conservation District. The above
permits and approvals must be based on the record drawings.
(g) The Township's approval of a Drainage Plan shall be valid for

a period not to exceed five (5) years, commencing on the date that the
Township signs the approved Drainage Plan. If stormwater management
facilities included in the approved Drainage plan have not been
constructed, or if constructed, and record drawings of these facilities
have not been approved within this five year time period, then the
Township may consider the Drainage plan disapproved and may revoke any and
all permits. Drainage Plans that are considered disapproved by the
Township shall be resubmitted in accordance with Section 407 of this
Chapter.
Section 406. Modification of Plans.
(a) A modification to a Drainage Plan under review by the Township

for a development site that involves a change in stormwater management
facilities or techniques, or that involves the relocation or re-design of
stormwater management facilities, or that is necessary because soil or
other conditions are not as stated on the Drainage Plan as determined by
the Township, shall require a resubmission of the modified Drainage Plan
consistent with Section 404 of this Chapter and be subject to review as
specified in Section 405 of this Chapter.
(b) A modification to an already approved or disapproved Drainage

Plan shall be submitted to the Township, accompanied by the applicable
Township Review and Inspection Fee. A modification to a Drainage Plan for
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
which a formal action has not been taken by the Township shall be
submitted to the Township, accompanied by the applicable Township Review
and Inspection Fee.
Section 407. Resubmission of Disapproved Drainage Plans. A disapproved

Drainage Plan may be resubmitted, with the revisions addressing the Township's
concerns documented in writing and addressed to the Township Secretary in
accordance with Section 404 of this Chapter and distributed accordingly and be
subject to review as specified in Section 405 of this Chapter. The applicable
Township Review and Inspection Fee must accompany a resubmission of a disapproved
Drainage Plan. (Ordinance No. 243, March 19, 2008, Section 1)
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
PART 5
Inspections
Section 501. Schedule of Inspections.
(a) The Township or their designee shall inspect all phases of the
installation of the permanent stormwater management facilities as deemed
appropriate by the Township.
(b) During any stage of the work, if the Township or it’s designee
determines that the permanent stormwater management facilities are not
being installed in accordance with the approved Stormwater Management
Plan, the Township shall revoke any existing building permits and issue a
cease and desist order until a revised Stormwater Management Plan is
submitted and approved except as directed by the Township or Conservation
District, as specified in this Chapter.
(c) A final inspection of all stormwater management facilities

shall be conducted by the Township or it’s designee and to confirm
compliance with the approved Stormwater Management Plan prior to the
issuance of any Occupancy Permit.
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
PART 6
Fees and Expenses
Section 601. Township Drainage Plan Review and Inspection Fee. Fees shall
be established by the Township to defray plan review and construction inspection
costs incurred by the Township. All fees shall be paid by the Applicant at the
time of Drainage Plan submission. Review and Inspection Fee Schedule shall be
established by resolution of the Board of Supervisors based on the size of the
Regulated Activity and based on the Township's costs for reviewing Drainage Plans
and conducting inspections pursuant to Section 501. The Township shall
periodically update the Review and Inspection Fee Schedule to ensure that review
costs are adequately reimbursed. (Ordinance No. 243, March 19, 2008, Section 1)
Section 602. Expenses Covered by Fees. The fees required by this Chapter
shall at a minimum cover:
(a) Administrative costs.
(b) The review of the Drainage Plan by the Township.
(c) The site inspections.
(d) The inspection of stormwater management facilities and

drainage improvements during construction.
(e) The final inspection upon completion of the stormwater

management facilities and drainage improvements presented in the Drainage
Plan.
(f) Any additional work required to enforce any permit provisions

regulated by this Chapter, correct violations, and assure proper
completion of stipulated remedial actions.
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
PART 7
MAINTENANCE RESPONSIBILITIES
Section 701. Performance Guarantee.
(a) For subdivisions and land developments the Applicant shall

provide a financial guarantee to the Township for the timely installation
and proper construction of all stormwater management controls as: 1)
Required by the approved drainage plan equal to or greater than the full
construction cost of the required controls or 2) in the amount and method
of payment provided for in the Subdivision and Land Development Ordinance.
(b) For other regulated activities, the Township may require a

financial guarantee from the Applicant.
(c) At the completion of the project, and as a prerequisite for

the release of the performance guarantee, the Applicant or his
representatives shall:
(1) Provide a certification of completion from an engineer,

architect, surveyor or other qualified person verifying that all
permanent facilities have been constructed according to the plans
and specifications and approved revisions thereto.
(2) Provide a set of record drawings.
(d) After the Township receives the certification, a final

inspection shall be conducted by the Township or designee to certify
compliance with this Chapter.
Section 702. Adherence to Approved Stormwater Control and BMP Operations

and Maintenance Plan. It shall be unlawful to alter or remove any permanent
stormwater control and BMP required by an approved Stormwater Control and BMP
Operations and Maintenance Plan, or to allow the property to remain in a
condition which does not conform to an approved Stormwater Control and BMP
Operations and Maintenance Plan. (Ordinance No. 243, March 19, 2008, Section 1)
Section 703. Operations and Maintenance Agreement for Privately Owned

Stormwater Controls and BMPs.
(a) The property owner shall sign an operations and maintenance

agreement with the Township covering all stormwater controls and BMPs
associated with a Regulated Earth Disturbance Activity that are to be
privately owned. The agreement shall be substantially the same as the
agreement in Appendix A of this Chapter.
(b) Other items may be included in the agreement where determined

necessary to guarantee the satisfactory operation and maintenance of all
permanent stormwater controls and BMPs. The agreement shall be subject to
the review and approval of the Township.
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Section 704. Stormwater Management Easements.
(a) Stormwater management easements are required for all areas

used for off-site stormwater control, unless a waiver is granted by the
Township.
(b) Stormwater management easements shall be provided by the

property owner if necessary for (1) access for inspections and
maintenance, or (2) preservation of stormwater runoff conveyance,
infiltration, and detention areas and other stormwater controls and BMPs,
by persons other than the property owner. The purpose of the easement
shall be specified in any agreement under Section 703.
Section 705. Recording of Approved Stormwater Control and BMP Operations

and Maintenance Plan and Related Agreements.
(a) The owner of any land upon which permanent stormwater controls
and BMPs will be placed, constructed or implemented, as described in the
Stormwater Control and BMP Operations and Maintenance Plan, shall record
the following documents in the Office of the Recorder of Deeds for Berks
County, within 15 days of approval of the Stormwater Control and BMP
Operations Plan by the Township:
(1) The Operations and Maintenance Plan, or a summary

thereof,
(2) Operations and Maintenance Agreements under Section 703,

and
(3) Easements under Section 704.
(b) The Township may suspend or revoke any approvals granted for
the project site upon discovery of the failure of the owner to comply with
this Section.
Section 706. Township Stormwater Control and BMP Operation and Maintenance
Fund.
(a) Persons installing stormwater controls or BMPs shall be

required to pay a specified amount to the Township Stormwater Control and
BMP Operation and Maintenance Fund to help defray costs of periodic
inspections and maintenance expenses. The amount of the deposit shall be
determined as follows:
(1) If the stormwater control or BMP is to be privately

owned and maintained, the deposit shall cover the cost of periodic
inspections performed by the Township for a period of ten (10)
years, as estimated by the Township Engineer. After that period of
time, inspections will be performed at the expense of the Township.
(2) If the stormwater control or BMP is to be owned and

maintained by the Township, the deposit shall cover the estimated
costs for maintenance and inspections for ten (10) years. The
Township Engineer will establish the estimated costs utilizing
information submitted by the Applicant.
(3) The amount of the deposit to the fund shall be converted
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
to present worth of the annual series values. The Township Engineer

shall determine the present worth equivalents, which shall be
subject to the approval of the Board of Supervisors.
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
PART 8
PROHIBITIONS
Section 801. Prohibited Discharges and Connections.
(a) Any drain or conveyance, whether on the surface or subsurface,

which allows any non-stormwater discharge including sewage, process
wastewater, and wash water to enter the waters of this Commonwealth is
prohibited.
(b) No person shall allow, or cause to allow, discharges into

surface waters of this Commonwealth which are not composed entirely of
stormwater, except (1) as provided in Subsection (c) below, and (2)
discharges allowed under a state or federal permit.
(c) The following discharges are authorized unless they are

determined to be significant contributors to pollution to the waters of
this Commonwealth:
- Discharges from fire fighting - Flows from riparian habitats and

activities wetlands
- Potable water sources including - Uncontaminated water from
water line flushing foundations or from footing
drains
- Irrigation drainage - Lawn watering
- Air conditioning condensate - Dechlorinated swimming pool
discharges
- Springs - Uncontaminated groundwater
- Water from crawl space pumps - Water from individual
residential car washing
- Pavement wash waters where - Routine external building wash
spills or leaks of toxic or down (which does not use
hazardous materials have not detergents or other compounds)
occurred (unless all spill
material has been removed) and
where detergents are not used
(d) In the event that the Township or DEP determines that any of
the discharges identified in Subsection (c), significantly contribute to
pollution of the waters of this Commonwealth, the Township or DEP will
notify the responsible person(s) to cease the discharge.
Section 802. Roof Drains. Roof drains and sump pumps shall discharge to
infiltration or vegetative BMPs to the maximum extent practicable. (Ordinance
No. 243, March 19, 2008, Section 1)
Section 803. Alteration of SWM BMPs. No person shall modify, remove,

fill, landscape, or alter any SWM BMPs, facilities, areas, or structures, without
the written approval of the Township. (Ordinance No. 243, March 19, 2008,
Section 1)
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
PART 9
ENFORCEMENT AND PENALTIES
Section 901. Right-of-Entry.
(a) Upon presentation of proper credentials, duly authorized

representatives of the Township may enter at reasonable times upon any
property within the Township to inspect the implementation, condition, or
operation and maintenance of the stormwater controls or BMPs in regard to
any aspect governed by this Chapter.
(b) Stormwater control and BMP owners and operators shall allow
persons working on behalf of the Township ready access to all parts of the
premises for the purposes of determining compliance with this Chapter.
(c) Persons working on behalf of the Township shall have the right
to temporarily locate on any stormwater control or BMP in the Township
such devices as are necessary to conduct monitoring and/or sampling of the
discharges from such stormwater control or BMP.
(d) Unreasonable delays (>24 hrs.) in allowing the Township access

to a stormwater control or BMP is a violation of this Part.
Section 902. Public Nuisance.
(a) The violation of any provision of this Chapter is hereby

deemed a Public Nuisance.
(b) Each day that a violation continues shall constitute a

separate violation.
Section 903. Enforcement Generally.
(a) Whenever the Township finds that a person has violated a

prohibition or failed to meet a requirement of this Chapter, the Township
may order compliance by written notice to the responsible person. Such
notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of prohibited connections or discharges;
(3) Cessation of any violating discharges, practices, or

operations;
(4) The abatement or remediation of stormwater pollution or

contamination hazards and the restoration of any affected property;
(5) Payment of a fine to cover administrative and

remediation costs;
(6) The implementation of stormwater controls and BMPs; and
(7) Operation and maintenance of stormwater controls and

BMPs.
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
(b) Such notification shall set forth the nature of the

violation(s) and establish a time limit for correction of these
violations(s). Said notice may further advise that, if applicable, should
the violator fail to take the required action within the established
deadline, the work will be done by the Township or designee and the
expense thereof shall be charged to the violator.
(c) Failure to comply within the time specified shall also subject
such person to the penalty provisions of this Chapter. All such penalties
shall be deemed cumulative and shall not prevent the Township from
pursuing any and all other remedies available in law or equity.
Section 904. Suspension and Revocation of Permits and Approvals.
(a) Any building, land development or other permit or approval

issued by the Township may be suspended or revoked, in whole or in part,
by the Township for:
(1) Non-compliance with or failure to implement any

provision of the permit;
(2) A violation of any provision of this Chapter; or
(3) The creation of any condition or the commission of any

act during construction or development which constitutes or creates
a hazard or nuisance, pollution or which endangers the life or
property of others.
(b) A suspended permit or approval may be reinstated by the

Township, in whole or in part, when:
(1) The Township or designee has inspected and approved the

corrections to the stormwater controls and BMPs, or the elimination
of the hazard or nuisance, and/or;
(2) The Township is satisfied that the violation of this

Chapter, law, or rule and regulation has been corrected.
(c) A permit or approval which has been revoked in whole or in

part, by the Township cannot be reinstated. The applicant may apply for a
new permit under the procedures outlined in this Chapter.
Section 905. Penalties.
(a) Any person violating the provisions of this Chapter shall be

subject to a fine of not less than $ 500.00 nor more than $ 1000.00 for
each violation, recoverable with costs. Each day that the violation
continues shall constitute a separate offense and the applicable fines are
cumulative.
(b) The Township may institute injunctive, mandamus, or any other

appropriate action or proceeding at law in equity for the enforcement of
this Chapter with the court of competent jurisdiction to obtain
restraining orders, temporary or permanent injunctions, mandamus or other
appropriate forms of remedy or relief.
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
Section 906. Notification. In the event that a person fails to comply

with the requirements of this Chapter, or fails to conform to the requirements of
any permit issued hereunder, the Township will provide notification of the
violation. After notice is provided, failure to correct violations in a timely
manner may result in additional violations. (Ordinance No. 243, March 19, 2008,
Section 1)
Section 907. Enforcement. The Board of Supervisors is hereby authorized

and directed to enforce all of the provisions of this Chapter. All inspections
regarding compliance with the drainage plan shall be the responsibility of the
Township Engineer or other qualified persons designated by the Township.
(a) No person shall modify, remove, fill, landscape or alter any

SWM BMPs, facilities, areas, or structures, without the written approval
of the Township.
(b) Upon presentation of proper credentials, the Township may

enter at reasonable times upon any property within the Township to inspect
the condition of the stormwater structures and facilities in regard to any
aspect regulated by this Chapter.
(c) It shall be unlawful for a person to undertake any Regulated

Activity except as provided in an approved SWM Site Plan, unless
specifically exempted from the requirement to submit a SWM Site Plan by
this Chapter.
(d) The Developer shall be responsible for providing as-built plan

of all SWM BMPs included in the approved SWM Site Plan. The as-built
plans and an explanation of any discrepancies with the construction plans
shall be submitted by the Developer to the Township.
(e) The as-built submission shall include a certification of

completion signed by a Qualified Professional verifying that all permanent
SWM BMPs have been constructed according to the approved plans and
specifications. If any licensed Qualified Professionals contributed to
the construction plans, then a licensed Qualified Professional must sign
the completion certificate.
(f) After receipt of the completion certificate by the Township,

the Township may conduct a final inspection.
(g) Inspections regarding compliance with the SWM Site Plan are a
responsibility of the Township.
(h) The Township may withhold an occupancy permit until a

certificate of completion has been provided by the Developer.
(a) Any person aggrieved by any action of the Township or its

designee may appeal to Board of Supervisors within thirty (30) days of
that action.
(b) Any person aggrieved by any decision of Board of Supervisors

may appeal to the County Court of Common Pleas in the County where the
activity has taken place within thirty (30) days of the Township
decision.”
XXV -57
LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
PART 10
APPENDICES
Section 1001. Appendix A – Stormwater Controls and Best Management

Practices Operations and Maintenance Agreement. (Ordinance No. 243, March 19,
2008, Section 1)
STORMWATER CONTROLS AND BEST MANAGEMENT PRACTICES

OPERATIONS AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this ____________ day of _________,
20__, by and between ____________________________________, (hereinafter the
“Landowner”), and the Township of Amity, 2004 Weavertown Road, Douglassville,
Berks County, Pennsylvania 19518 (hereinafter “Township”);
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property as recorded by

deed in the land records of ________________ County, Pennsylvania, Deed Book
___________ at Page ______, (hereinafter “Property”).
WHEREAS, the Landowner is proceeding to build and develop the Property; and
WHEREAS, the Stormwater Controls and BMP Operations and Maintenance Plan
approved by the Township (hereinafter referred to as the “Plan”) for the property
identified herein, which is attached hereto as Appendix A and made part hereof,
as approved by the Township, provides for management of stormwater within the
confines of the Property through the use of Best Management Practices (BMPs); and
WHEREAS, the Township, and the Landowner, his successors and assigns, agree
that the health, safety, and welfare of the residents of the Township and the
protection and maintenance of water quality require that on-site stormwater Best
Management Practices be constructed and maintained on the Property; and
WHEREAS, for the purposes of this agreement, the following definitions

shall apply:
BMP – “Best Management Practice;” activities, facilities, designs, measures

or procedures used to manage stormwater impacts from land development, to protect
and maintain water quality and groundwater recharge and to otherwise meet the
purposes of the Township Stormwater Management Ordinance, including but not
limited to infiltration trenches, seepage pits, filter strips, bioretention, wet
ponds, permeable paving, rain gardens, grassed swales, forested buffers, sand
filters and detention basins.
• Infiltration Trench – A BMP surface structure designed, constructed, and

maintained for the purpose of providing infiltration or recharge of
stormwater into the soil and/or groundwater aquifer,
• Seepage Pit – An underground BMP structure designed, constructed, and

maintained for the purpose of providing infiltration or recharge of
stormwater into the soil and/or groundwater aquifer,
• Rain Garden – A BMP overlain with appropriate mulch and suitable vegetation
designed, constructed, and maintained for the purpose of providing
infiltration or recharge of stormwater into the soil and/or underground
aquifer, and
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
WHEREAS, the Township requires, through the implementation of the Plan,

that stormwater management BMPs as required by said Plan and the Township
Stormwater Management Ordinance be constructed and adequately operated and
maintained by the Landowner, his successors and assigns. And
NOW, THEREFORE, in consideration of the foregoing promises, the mutual

covenants contained herein, and the following terms and conditions, the parties
hereto agree as follows:
1. The BMPs shall be constructed by the Landowner in accordance with the plans
and specifications identified in the Plan.
2. The Landowner shall operate and maintain the BMP(s) as shown on the Plan in
good working order acceptable to the Township and in accordance with the
specific maintenance requirements noted on the Plan.
3. The Landowner hereby grants permission to the Township, its authorized

agents and employees, to enter upon the property, at reasonable times and
upon presentation of proper identification, to inspect the BMP(s) whenever
it deems necessary. Whenever possible, the Township shall notify the
Landowner prior to entering the property.
4. In the event the Landowner fails to operate and maintain the BMP(s) as
shown on the Plan in good working order acceptable to the Township, the
Township or its representatives may enter upon the Property and take
whatever action is deemed necessary to maintain said BMP(s). This
provision shall not be construed to allow the Township to erect any
permanent structure on the land of the Landowner. It is expressly
understood and agreed that the Township is under no obligation to maintain
or repair said facilities, and in no event shall this Agreement be
construed to impose any such obligation on the Township.
5. In the event the Township, pursuant to this Agreement, performs work of any
nature, or expends any funds in performance of said work for labor, use of
equipment, supplies, materials, and the like, the Landowner shall reimburse
the Township for all expenses (direct and indirect) incurred within 10 days
of receipt of invoice from the Township.
6. The intent and purpose of this Agreement is to ensure the proper

maintenance of the onsite BMP(s) by the Landowner; provided, however, that
this Agreement shall not be deemed to create or effect any additional
liability of any party for damage alleged to result from or be caused by
stormwater runoff.
7. The Landowner, its executors, administrators, assigns, and other successors

in interests, shall release the Township’s employees and designated
representatives from all damages, accidents, casualties, occurrences or
claims which might arise or be asserted against said employees and
representatives from the construction, presence, existence, or maintenance
of the BMP(s) by the Landowner or Township. In the event that a claim is
asserted against the Township, its designated representatives or employees,
the Township shall promptly notify the Landowner and the Landowner shall
defend, at his own expense, any suit based on the claim. If any judgment
or claims against the Township’s employees or designated representatives
shall be allowed, the Landowner shall pay all costs and expenses regarding
said judgment or claim.
8. The Township shall inspect the BMP(s) at a minimum of once every three
years to ensure their continued functioning.
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
This Agreement shall be recorded at the Office of the Recorder of Deeds of

Berks County, Pennsylvania, and shall constitute a covenant running with the
Property and/or equitable servitude, and shall be binding on the Landowner, his
administrators, executors, assigns, heirs and any other successors in interests,
in perpetuity.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly

executed on the date first indicated hereinabove.
(Landowner)
_______________________, INC.
By:_________________________________
President (Vice)
Attest:______________________________
Secretary
AMITY TOWNSHIP
By: ______________________________
Chairman (Vice)
Attest:____________________________
Secretary
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
: ss.
COUNTY OF BERKS :
On this _____ day of _________, 20 , before me, a Notary Public in

and for the County and State aforesaid, personally appeared
____________________and _____________________, who acknowledged themselves to be
the President and Secretary of ___________________, a Pennsylvania corporation,
and that as such officers and being authorized to do so, executed the foregoing
STORMWATER CONTROLS AND BEST MANAGEMENT PRACTICES OPERATIONS AND MAINTENANCE
AGREEMENT for the purposes therein contained by signing the name of the
Corporation by themselves as such officers.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
______________________________
Notary Public
: ss.
COUNTY OF BERKS :
On this _____ day of ________, 20 , before me, a Notary Public in

and for the County and State aforesaid, personally appeared __________________
and _________________, who acknowledged themselves to be the Chairman and
Secretary (Assistant) of the Board of Supervisors of Amity Township, a
Pennsylvania second class township, and that as such officers and being
authorized to do so, executed the foregoing STORMWATER CONTROLS AND BEST
MANAGEMENT PRACTICES OPERATIONS AND MAINTENANCE AGREEMENT for the purposes
therein contained by signing the name of the Township by themselves as such
officers.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
______________________________
Notary Public
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LAB AMITY CODE 13404-10 C25 07/06/16 #B98504-02
Section 1002. Appendix B – Stormwater Management Design Criteria.

TABLE B-1
Precipitation – Frequency Atlas of the United States
TABLE B- 2
RUNOFF CURVE NUMBERS
Source: NRCS (SCS) TR-55
TABLE B- 3
RATIONAL RUNOFF COEFFICIENTS
TABLE B- 4
MANNING ROUGHNESS COEFFICIENTS
FIGURE B-1
RECOMMENDATION CHART FOR INFILTRATION STORMWATER MANAGEMENT BMPS IN CARBONATE
AREAS
XXV -63
TABLE B-1
Precipitation-Frequency Atlas of the United States
Precipitation Frequency Estimates (inches)
30
ARI* 5 10 15 60 120 3 6 12 24 48 4 7 10 20 30 45 60
mi
(years) min min min min min hr hr hr hr hr day day day day day day day
n
0.3 0.5 0.6 0. 1.1 1.3 1.5 1.8 2.2 11.8
1 2.71 3.13 3.48 4.06 4.61 6.22 7.75 9.84
4 4 7 92 5 7 0 8 9 0
0.4 0.6 0.8 1. 1.4 1.6 1.8 2.2 2.7 11.5 13.8
2 3.26 3.78 4.19 4.87 5.50 7.38 9.13
0 4 1 11 0 7 2 7 7 6 1
0.4 0.7 0.9 1. 1.7 2.0 2.2 2.8 3.4 10.6 13.2 15.7
5 4.10 4.76 5.23 6.01 6.70 8.80
7 6 6 36 4 9 9 4 8 4 9 7
0.5 0.8 1.0 1. 2.0 2.4 2.6 3.3 4.0 11.8 14.5 17.2
10 4.80 5.55 6.08 6.95 7.67 9.91
2 4 6 53 0 1 5 1 8 1 8 1
0.5 0.9 1.1 1. 2.3 2.8 3.1 3.9 4.9 11.4 13.3 16.2 19.0
25 5.81 6.69 7.28 8.29 9.01
8 3 8 75 3 5 4 6 6 1 4 2 1
0.6 1.0 1.2 1. 2.5 3.2 3.5 4.4 5.7 10.0 12.5 14.4 17.4 20.3
50 6.67 7.63 8.27 9.39
3 0 7 91 8 0 2 9 0 9 9 9 3 2
0.6 1.0 1.3 2. 2.8 3.5 3.9 5.0 6.5 10.5 11.2 13.7 15.6 18.5 21.5
100 7.59 8.63 9.30
7 6 5 06 4 5 2 6 1 6 0 6 3 6 3
0.7 1.1 1.4 2. 3.0 3.9 4.3 5.6 7.3 10.4 11.8 12.3 14.9 16.7 19.6 22.6
200 8.59 9.70
1 2 2 20 9 0 2 5 8 1 0 6 5 5 4 6
0.7 1.1 1.5 2. 3.4 4.3 4.8 6.5 8.6 10.0 11.2 11.9 13.5 13.9 16.5 18.1 20.9 24.0
500
5 9 0 38 2 9 7 0 6 6 3 7 6 6 4 9 6 4
0.7 1.2 1.5 2. 3.6 4.7 5.3 7.1 9.7 11.2 12.4 13.2 14.9 15.2 17.7 19.2 21.9 25.0
1000
9 4 5 52 7 6 0 7 4 7 8 4 9 3 5 6 0 0
Source: Atlas 14, Volume 2, US Department of Commerce, National Oceanic and

Atmospheric Administration, National Weather Service, Hydrometeorological
Design Studies Center, Silver Springs, Maryland 20910. NOAA’s Atlas 14 can be
found on the internet at http://hdsc.nws.noaa.gov/hdsc/pfds/.
XXV -64
TABLE B- 2
Runoff Curve Numbers
(From NRCS (SCS) TR-55)
LAND USE DESCRIPTION HYDROLOGIC SOIL GROUP

A B
C D
Open Space 44 65 77 82
Meadow / Orchard 30 58 71 78
Agricultural 59 71 79 83
Forest 36 60 73 79
Commercial (85% Impervious) 89 92 94 95
Industrial (72% Impervious) 81 88 91
Institutional (50% Impervious) 71 82 88 90
Residential
Average Lot Size % impervious
1/8 acre or less* 65 77 85 90 92
1/8 - 1/3 acre 34 59 74 82 87
1/3 - 1 acre 23 53 69 80 85
1 - 4 acres 12 46 66 78 82
Farmstead 59 74 82 86
Smooth Surfaces (Concrete, Asphalt, 98 98 98 98

Gravel or Bare Compacted Soil)
Water 98 98 98 98
Mining/Newly Graded Areas 77 86 91 94

(Pervious Areas Only)
* Includes Multi-Family Housing unless justified lower density can be

provided.
Note: Existing site conditions of bare earth or fallow ground shall be
considered as meadow when choosing a CN value.
XXV -65
TABLE B- 3
RATIONAL RUNOFF COEFFICIENTS
By Hydrologic Soils Group and Overland Slope (%)
A B C D
Land Use 0-2% 2-6% 6%+ 0-2% 2-6% 6%+ 0-2% 2-6% 6%+ 0-2% 2-6% 6%+
Cultivated Land 0.08a 0.13 0.16 0.11 0.15 0.21 0.14 0.19 0.26 0.18 0.23 0.31
b
0.14 0.18 0.22 0.16 0.21 0.28 0.20 0.25 0.34 0.24 0.29 0.41
Pasture 0.12 0.20 0.30 0.18 0.28 0.37 0.24 0.34 0.44 0.30 0.40 0.50
0.15 0.25 0.37 0.23 0.34 0.45 0.30 0.42 0.52 0.37 0.50 0.62
Meadow 0.10 0.16 0.25 0.14 0.22 0.30 0.20 0.28 0.36 0.24 0.30 0.40
0.14 0.22 0.30 0.20 0.28 0.37 0.26 0.35 0.44 0.30 0.40 0.50
Forest 0.05 0.08 0.11 0.08 0.11 0.14 0.10 0.13 0.16 0.12 0.16 0.20
0.08 0.11 0.14 0.10 0.14 0.18 0.12 0.16 0.20 0.15 0.20 0.25
Residential
Lot Size 1/8 Acre 0.25 0.28 0.31 0.27 0.30 0.25 0.30 0.33 0.38 0.33 0.36 0.42
0.33 0.37 0.40 0.35 0.39 0.44 0.38 0.42 0.49 0.41 0.45 0.54
Lot Size 1/4 Acre 0.22 0.26 0.29 0.24 0.29 0.33 0.27 0.31 0.36 0.30 0.34 0.40
0.30 0.34 0.37 0.33 0.37 0.42 0.36 0.40 0.47 0.38 0.42 0.52
Lot Size 1/3 Acre 0.19 0.23 0.26 0.22 0.26 0.30 0.25 0.29 0.34 0.28 0.32 0.39
0.28 0.32 0.35 0.30 0.35 0.39 0.33 0.38 0.45 0.36 0.40 0.50
Lot Size 1/2 Acre 0.16 0.20 0.24 0.19 0.23 0.28 0.22 0.27 0.32 0.26 0.30 0.37
0.25 0.29 0.32 0.28 0.32 0.36 0.31 0.35 0.42 0.34 0.38 0.48
Lot Size 1 Acre 0.14 0.19 0.22 0.17 0.21 0.26 0.20 0.25 0.31 0.24 0.29 0.35
0.22 0.26 0.29 0.24 0.28 0.34 0.28 0.32 0.40 0.31 0.35 0.46
Industrial 0.67 0.68 0.68 0.68 0.68 0.69 0.68 0.69 0.69 0.69 0.69 0.70
0.85 0.85 0.86 0.85 0.86 0.86 0.86 0.86 0.87 0.86 0.86 0.88
Commercial 0.71 0.71 0.72 0.71 0.72 0.72 0.72 0.72 0.72 0.72 0.72 0.72
0.88 0.88 0.89 0.89 0.89 0.89 0.89 0.89 0.90 0.89 0.89 0.90
Streets 0.70 0.71 0.71 0.71 0.72 0.74 0.72 0.73 0.76 0.73 0.75 0.78
0.76 0.77 0.79 0.80 0.82 0.84 0.84 0.85 0.89 0.89 0.91 0.95
Open Space 0.05 0.10 0.14 0.08 0.13 0.19 0.12 0.17 0.24 0.16 0.21 0.28
0.11 0.16 0.20 0.14 0.19 0.26 0.18 0.23 0.32 0.22 0.27 0.39
Parking 0.85 0.86 0.87 0.85 0.86 0.87 0.85 0.86 0.87 0.85 0.86 0.87
0.95 0.96 0.97 0.95 0.96 0.97 0.95 0.96 0.97 0.95 0.96 0.97
a
Runoff coefficients for storm recurrence intervals less than 25 years.
b
Runoff coefficients for storm recurrence intervals of 25 years or more.
Source : Rawls, W.J., S.L. Wong and R.H. McCuen, 1981, "Comparison of Urban Flood Frequency Procedures", Preliminary Draft, U.S.
of Agriculture, Soil Conservation Service, Baltimore, MD.
XXV -66
TABLE B- 4
Roughness Coefficients (Manning's "n") For Overland Flow

(U.S. Army Corps Of Engineers, HEC-1 Users Manual)
Surface Description n
Dense Growth 0.4 - 0.5

Pasture 0.3 - 0.4
Lawns 0.2 - 0.3
Bluegrass Sod 0.2 - 0.5
Short Grass Prairie 0.1 - 0.2
Sparse Vegetation 0.05 -0.13
Bare Clay-Loam Soil (eroded) 0.01 -0.03
Concrete/Asphalt - very shallow depths
(less than 1/4 inch) 0.10 -
0.15
- small depths
(1/4 inch to several inches) 0.05
- 0.10
Roughness Coefficients (Manning’s “n”) For Channel Flow
Reach Description n
Natural stream, clean, straight, no rifts or pools 0.03

Natural stream, clean, winding, some pools or shoals 0.04
Natural stream, winding, pools, shoals, stony with some weeds 0.05
Natural stream, sluggish deep pools and weeds 0.07
Natural stream or swale, very weedy or with timber underbrush 0.10
Concrete pipe, culvert or channel 0.012
Corrugated metal pipe 0.012-
0.027(1)
High Density Polyethylene (HDPE) Pipe
Corrugated 0.021-
0.029(2)
Smooth Lined 0.012-
0.020(2)
(1) Depending upon type, coating and diameter

(2) Values recommended by the American Concrete Pipe Association, check
Manufacturer’s
recommended value.
XXV -67
FIGURE B-1
Recommendation Chart for Infiltration Stormwater Management BMP’s in Carbonate Bedrock
Source: Little Lehigh Creek Watershed ACT 167 – Stormwater Management Ordinance. May 2004
XXV -68
Section 1003. Appendix C – Reserved (Ordinance No. 243, March 19, 2008,
Section 1)
XXV -69
Section 1004. Appendix D – Stormwater Management Districts. (Ordinance
No. 243, March 19, 2008, Section 1)
XXV -70
Section 1005. Appendix E – Low Impact Development (LID) Practices.
ALTERNATIVE APPROACH FOR

MANAGING STORMWATER RUNOFF
Natural hydrologic conditions may be altered radically by poorly planned

development practices, such as introducing unneeded impervious surfaces,
destroying existing drainage swales, constructing unnecessary storm sewers, and
changing local topography. A traditional drainage approach of development has
been to remove runoff from a site as quickly as possible and capture it in a
detention basin. This approach leads ultimately to the degradation of water
quality as well as expenditure of additional resources for detaining and managing
concentrated runoff at some downstream location.
The recommended alternative approach is to promote practices that will minimize

proposed conditions runoff rates and volumes, which will minimize needs for
artificial conveyance and storage facilities. To simulate pre-development
hydrologic conditions, infiltration is often necessary to offset the loss of
infiltration by creation of impervious surfaces. The ability of the ground to
infiltrate depends upon the soil types and its conditions.
Preserving natural hydrologic conditions requires careful alternative site design

considerations. Site design practices include preserving natural drainage
features, minimizing impervious surface area, reducing the hydraulic connectivity
of impervious surfaces, and protecting natural depression storage. A well-
designed site will contain a mix of all those features. The following describes
various techniques to achieve the alternative approach:
• Preserving Natural Drainage Features. Protecting natural drainage

features, particularly vegetated drainage swales and channels, is
desirable because of their ability to infiltrate and attenuate flows and
to filter pollutants. However, this objective is often not accomplished
in land development. In fact, commonly held drainage philosophy
encourages just the opposite pattern -- streets and adjacent storm sewers
typically are located in the natural headwater valleys and swales, thereby
replacing natural drainage functions with a completely impervious system.
As a result, runoff and pollutants generated from impervious surfaces
flow directly into storm sewers with no opportunity for attenuation,
infiltration, or filtration. Developments designed to fit site topography
also minimizes the amount of grading on site.
• Protecting Natural Depression Storage Areas. Depressional storage areas

have no surface outlet, or drain very slowly following a storm event.
They can be commonly seen as ponded areas in farm fields during the wet
season or after large runoff events. Traditional development practices
eliminate these depressions by filling or draining, thereby obliterating
their ability to reduce surface runoff volumes and trap pollutants. The
volume and release-rate characteristics of depressions should be protected
in the design of the development site. The depressions can be protected
by simply avoiding the depression or by incorporating its storage as
additional capacity in required detention facilities.
• Avoiding introduction of impervious areas. Careful site planning should

consider reducing impervious coverage to the maximum extent possible.
Building footprints, sidewalks, driveways and other features producing
impervious surfaces should be evaluated to minimize impacts on runoff.
• Reducing the Hydraulic Connectivity of Impervious Surfaces. Impervious

surfaces are significantly less of a problem if they are not directly
connected to an impervious conveyance system (such as storm sewer). Two
XXV -71
basic ways to reduce hydraulic connectivity are routing of roof runoff
over lawns and reducing the use of storm sewers. Site grading should
promote increasing travel time of stormwater runoff, and should help
reduce concentration of runoff to a single point in the development.
• Routing Roof Runoff Over Lawns. Roof runoff can be easily routed over
lawns in most site designs. The practice discourages direct connections
of downspouts to storm sewers or parking lots. The practice also
discourages sloping driveways and parking lots to the street. By routing
roof drains and crowning the driveway to run off to the lawn, the lawn is
essentially used as a filter strip.
• Reducing the Use of Storm Sewers. By reducing use of storm sewers for
draining streets, parking lots, and back yards, the potential for
accelerating runoff from the development can be greatly reduced. The
practice requires greater use of swales and may not be practical for some
development sites, especially if there are concerns for areas that do not
drain in a “reasonable” time. The practice requires educating local
citizens and public works officials, who expect runoff to disappear
shortly after a rainfall event.
• Reducing Street Widths. Street widths can be reduced by either

eliminating on-street parking or by reducing roadway widths. Township
planners and traffic designers should encourage narrower neighborhood
streets which ultimately could lower maintenance.
• Limiting Sidewalks to One Side of the Street. A sidewalk on one side of

the street may suffice in low-traffic neighborhoods. The lost sidewalk
could be replaced with bicycle/recreational trails that follow back-of-lot
lines. Where appropriate, backyard trails should be constructed using
pervious materials.
• Using Permeable Paving Materials. These materials include permeable

interlocking concrete paving blocks or porous bituminous concrete. Such
materials should be considered as alternatives to conventional pavement
surfaces, especially for low use surfaces such as driveways, overflow
parking lots, and emergency access roads.
• Reducing Building Setbacks. Reducing building setbacks reduces driveway

and entry walks and is most readily accomplished along low-traffic streets
where traffic noise is not a problem.
• Constructing Cluster Developments. Cluster developments can also reduce

the amount of impervious area for a given number of lots. The biggest
savings is in street length, which also will reduce costs of the
development. Cluster development clusters the construction activity onto
less-sensitive areas without substantially affecting the gross density of
development.
In summary, a careful consideration of the existing topography and implementation

of a combination of the above mentioned techniques may avoid construction of
costly stormwater control measures. Other benefits include reduced potential of
downstream flooding, water quality degradation of receiving streams/water bodies
and enhancement of aesthetics and reduction of development costs. Beneficial
results include more stable baseflows in receiving streams, improved groundwater
recharge, reduced flood flows, reduced pollutant loads, and reduced costs for
conveyance and storage.
XXV -72
Section 1006. Appendix F – West Nile Virus Guide. (Ordinance No. 243,
March 19, 2008, Section 1)
(This source is from the Monroe County, PA Conservation District who

researched the potential of West Nile Virus problems from BMPs due to a
number of calls they were receiving)
Monroe County Conservation District Guidance:

Stormwater Management and West Nile Virus
Source: Brodhead McMichaels Creeks Watershed Act 167 Stormwater Management
Ordinance 2/23/04
The Monroe County Conservation District recognizes the need to address the
problem of non-point source pollution impacts caused by runoff from impervious
surfaces. The new stormwater policy being integrated into Act 167 Stormwater
Management regulations by the PA Department of Environmental Protection (DEP)
will make non-point pollution controls an important component of all future plans
and updates to existing plans. In addition, to meet post-construction anti-
degradation standards under the state National Pollution Discharge Elimination
System (NPDES) permitting program, applicants will be required to employ Best
Management Practices (BMPs) to address non-point pollution concerns.
Studies conducted throughout the United States have shown that wet basins
and in particular constructed wetlands are effective in traditional stormwater
management areas such as channel stability and flood control, and are one of the
most effective ways to remove stormwater pollutants (United States Environmental
Protection Agency 1991, Center for Watershed Protection 2000). From Maryland to
Oregon, studies have shown that as urbanization and impervious surface increase
in a watershed, the streams in those watersheds become degraded (CWP 2000).
Although there is debate over the threshold of impervious cover when degradation
becomes apparent (some studies show as little as 6% while others show closer to
20%), there is agreement that impervious surfaces cause non-point pollution in
urban and urbanizing watersheds, and that degradation is ensured if stormwater
BMPs are not implemented.
Although constructed wetlands and ponds are desirable from a water quality
perspective there may be concerns about the possibility of these stormwater
management structures becoming breeding grounds for mosquitoes. The Conservation
District feels that although it may be a valid concern, municipalities should not
adopt ordinance provisions prohibiting wet basins for stormwater management.
Mosquitoes
The questions surrounding mosquito production in wetlands and ponds have
intensified in recent years by the outbreak of the mosquito-borne West Nile
Virus. As is the case with all vector-borne maladies, the life cycle of West Nile
Virus is complicated, traveling from mosquito to bird, back to mosquito and then
to other animals including humans. Culex pipiens was identified as the vector
species in the first documented cases from New York in 1999. This species is
still considered the primary transmitter of the disease across its range. Today
there are some 60 species of mosquitoes that inhabit Pennsylvania. Along with C.
pipiens, three other species have been identified as vectors of West Nile Virus
while four more have been identified as potential vectors.
The four known vectors in NE Pennsylvania are Culex pipiens, C. restuans,
C. salinarius and Ochlerotatus japonicus. All four of these species prefer, and
almost exclusively use, artificial containers (old tires, rain gutters,
birdbaths, etc.) as larval habitats. In the case of C. pipiens, the most
notorious of the vector mosquitoes, the dirtier the water the better they like
it. The important factor is that these species do not thrive in functioning
wetlands where competition for resources and predation by larger aquatic and
terrestrial organisms is high.
The remaining four species, Aedes vexans, Ochlerotatus Canadensis, O.
triseriatus and O. trivittatus are currently considered potential vectors due to
XXV -73
laboratory tests (except the O. trivittatus, which did have one confirmed vector
pool for West Nile Virus in PA during 2002). All four of these species prefer
vernal habitats and ponded woodland areas following heavy summer rains. These
species may be the greatest threat of disease transmission around stormwater
basins that pond water for more than four days. This can be mitigated however by
establishing ecologically functioning wetlands.
Stormwater Facilities
If a stormwater wetland or pond is constructed properly and a diverse
ecological community develops, mosquitoes should not become a problem. Wet basins
and wetlands constructed as stormwater management facilities, should be designed
to attract a diverse wildlife community. If a wetland is planned, proper
hydrologic soil conditions and the establishment of hydrophytic vegetation will
promote the population of the wetland by amphibians and other mosquito predators.
In natural wetlands, predatory insects and amphibians are effective at keeping
mosquito populations in check during the larval stage of development while birds
and bats prey on adult mosquitoes.
The design of a stormwater wetland must include the selection of
hydrophytic plant species for their pollutant uptake capabilities and for not
contributing to the potential for vector mosquito breeding. In particular,
species of emergent vegetation with little submerged growth are preferable. By
limiting the vegetation growing below the water surface, larvae lose protective
cover and there is less chance of anaerobic conditions occurring in the water.
Stormwater ponds can be designed for multiple purposes. When incorporated
into an open space design a pond can serve as a stormwater management facility
and a community amenity. Aeration fountains and stocked fish should be added to
keep larval mosquito populations in check.
Publications from the PA Department of Health and the Penn State
Cooperative Extension concerning West Nile Virus identify aggressive public
education about the risks posed by standing water in artificial containers
(tires, trash cans, rain gutters, bird baths) as the most effective method to
control vector mosquitoes.
Conclusion
The Conservation District understands the pressure faced by municipalities
when dealing with multifaceted issues such as stormwater management and
encourages the incorporation of water quality management techniques into
stormwater designs. As Monroe County continues to grow, conservation design,
groundwater recharge and constructed wetlands and ponds should be among the
preferred design options to reduce the impacts of increases in impervious
surfaces. When designed and constructed appropriately, the runoff mitigation
benefits to the community from these design options will far out weigh their
potential to become breeding grounds for mosquitoes.
XXV -74
Section 1007. Appendix G – References. (Ordinance No. 243, March 19,
2008, Section 1)
BMP Manuals
California
California Stormwater BMP Handbook: New Development and Redevelopment
(January 2003) – separate file available at
http://www.cabmphandbooks.org/Development.asp
Georgia
Georgia Stormwater Management Manual Volume 2: Technical Handbook (August
2001) separate file (http://www.georgiastormwater.com/)
Maryland
2000 Maryland Stormwater Design Manual –
http://www.mde.state.md.us/Programs/Waterprograms/SedimentandStormwater/storm
water design/index.asp
Massachusetts
Stormwater Management, Volume Two: Stormwater Technical Handbook
(Massachusetts, 1997) – separate file available at
http://www.state.ma.us/dep/brp/stormwtr/stormpub.htm
Minnesota
Minnesota Urban Small Sites BMP Manual: Stormwater Best Management Practices
for Cold Climates (July 2001) –
http://www.metrocouncil.org/environment/Watershed/BMP/manual.htm
New Jersey
Revised Manual for New Jersey: Best Management Practices for Control of Non-
point Source Pollution from Stormwater (Fifth Draft May 2000) –
http://www.state.nj.us/dep/watershedmgt/bmpmanual.htm
New York
New York State Stormwater Management Design Manual (2001) –
http://www.dec.state.ny.us/website/dow/swmanual/swmanual.html
Pennsylvania
Pennsylvania Association of Conservation Districts, Pennsylvania Handbook of
Best Management Practices for Developing Areas, November 14, 1997.
Pennsylvania Department of Environmental Protection, Pennsylvania Stormwater

Best Management Practices Manual, December 30, 2006 –
http://www.depweb.state.pa.us/watershedmgmt/cwp/view.asp?a=1437&Q=518682&PM=1
XXV -75
NLP AMITY CODE 13404-10 C25 6/28/16 #104712
Washington
Stormwater Management Manual for Western Washington (August 2001) –
http://www.ecy.wa.gov/programs/wq/stormwater/manual.html
Federal
Stormwater Best Management Practices in an Ultra-Urban Setting: Selection and
Monitoring (FHWA) – http://www.fhwa.dot.gov/environment/ultraurb/3fs1.htm
USEPA Infiltration Trench Fact Sheet (September 1999) –

http://cfpub.epa.gov/npdes/stormwater/menuofbmps/post.cfm
Riparian Buffer References
Alliance for the Chesapeake Bay, Pennsylvania Department of Environmental

Protection, September 2000. Forest Buffer Toolkit, Stream ReLeaf
Program.
Penn State College of Agricultural Sciences, 1996. Establishing Vegetative

Buffer Strips Along Streams to Improve Water Quality. Publication # AGRS-
67.
Fike, Jean, June 1999. Terrestrial & Palustrine Plant Communities of

Pennsylvania, Pennsylvania Natural Diversity Inventory, The Nature
Conservancy, Western Pennsylvania Conservancy, and Pennsylvania Department
of Conservation and Natural Resources.
Pennsylvania Association of Conservation Districts, Inc., Keystone Chapter,

Soil and Water Conservation Society, Pennsylvania Department of
Environmental Protection, Natural Resources Conservation Service, 1998.
Pennsylvania Handbook of Best Management Practices for Developing Areas.
Prepared by CH2MHill.
Palone, R. S. and A. H. Todd (eds), 1997. Chesapeake Bay Riparian Handbook: A

Guide for Establishing and Maintaining Riparian Forest Buffers.
Chesapeake Bay Program and Northeastern Area State and Private Forestry.
Natural Resources Conservation Service Cooperative State Research
Education and Extension Services.
The Federal Interagency Stream Restoration Working Group (FISRWG, 10/1998).

Stream Corridor Restoration Principles, Processes, and Practices. GPO Item
No. 0120-A; SuDocs No. A57.6/2:EN3/PT.653. ISBN-0-934213-59-3. Published
October 1998. Revised August 2000.
XXV-76
NLP AMITY CODE 13404-10 C26 03/21/07 #102235
CHAPTER XXVI
STREETS, SIDEWALKS, DRIVEWAYS AND CURBS
Part 1
Naming of Streets

Section 102. Street Naming
Section 103. Erection of Signs
Part 2
Street Paving

Section 202. Subgrade
Section 203. Subbase
Section 204. Base Courses
Section 205. Bituminous Pavements
Section 206. Shoulders
Section 207. Conflicts
Section 208. Table - Minimum Street Construction Standards
Part 3
Street Excavations

Section 302. Permit Requirements
Section 304. Conditions of Permit
Section 305. Safety Measures to be Taken by Permit Holder; Sewer Inlets and
Drains Kept Open; Limitation on Size of Opening
Section 306. Notice of Completion; Supervision of Restoration
Section 307. Limitation of Opening of Newly Paved Streets
Section 308. Manner of Operation
Section 309. Liability and Responsibility of Permit Holder; Responsibility of
Township
Section 310. Penalty for Violation
Section 311. Installation of Underground Facilities by Public Utility Companies
Section 313. Diagram - Permanent Restoration
Section 314. Diagram - Temporary Restoration
Part 4
Sidewalks, Curbs and Gutters
Section 401. General Purpose

Section 402. Grades
Section 403. Sidewalk Width and Location
XXVI-1
NLP AMITY CODE 13404-10 C26 03/21/07 #102235
Section 404. Drainage

Section 406. Public Safety
Section 407. Certain Trees Prohibited
Section 408. Open Gutters; Rain Conductors
Section 409. Permits
Section 410. Fees
Section 411. Specifications
Section 412. Penalties; Violations
XXVI-2
NLP AMITY CODE 13404-10 C26 03/21/07 #102235
Part 1
Naming of Streets
Section 101. Definitions. The words “streets”, “roads” and “highways”

shall mean the whole or any part of any public right-of-way for travel whether or
not in a subdivision or built-up community. (Ordinance 20, October 5, 1963,
Section 1)
Section 102. Street Naming. All streets, roads and highways within the
Township of Amity, Berks County, Pennsylvania, are hereby named in accordance
with the names set forth on the official road map of the Township of Amity, Berks
County, Pennsylvania, a copy of which is on file at the municipal offices of the
Township. (Ordinance 20, October 5, 1963, Section 2)
Section 103. Erection of Signs. Prior approval of the Board of

Supervisors shall be obtained before the erection of any sign identifying a
street. (Ordinance 20, October 5, 1963, Section 3)
Section 104. Severability. If any section, part of any section of this

Ordinance shall be declared invalid by a court of competent jurisdiction, such
invalidity shall not affect any other part of this Ordinance; it is hereby
declared to be the legislative intent that this Ordinance would have been enacted
had such invalid section, or portion of a section, not been included herein.
XXVI-3
NLP AMITY CODE 13404-10 C26 03/21/07 #102235
Part 2
Street Paving
Section 201. General Requirements.
(a) The construction of streets in the Township of Amity shall be

done in conformity with the specifications, regulations and provisions set
forth in this Part, together with the “Minimum Street Construction
Standards” set forth in Section 208 of this Chapter.
(b) In the case of new roads within subdivisions and land

developments, all roads and streets shall be constructed in accordance
with the provisions of the Amity Township Subdivision and Land Development
Ordinance as may from time to time be in effect and the further
requirements of this Part.
(c) All work done pursuant to the provisions of this Part shall be
inspected by the Township Engineer.
(d) The design of all streets constructed shall be in accordance

with the guidelines and requirements, for Design of Local Roads and
Streets contained in PennDOT Design Manual, Part 2, Highway Design, latest
revision.
(e) Lines and grades shall be as approved on recorded plans of

subdivisions, or other plans as may be approved by the Township Engineer.
(f) All components of the pavement structure and methods of

application shall be in accordance with PennDOT specifications,
Publication 408, latest revision.
(g) All adjacent structures and areas disturbed or damaged during

street or road construction shall be properly repaired by the party
causing said damage.
(h) In the case where the Township Engineer finds that the ground
condition and/or rock condition beneath a street provides sufficient
stability so that part or all of the subbase requirements may be waived,
modified or changed and still complies with generally recognized, sound
engineering principles after appropriate tests have been taken, subbase
requirements may be so waived, modified or changed as recommended by the
Township Engineer and approved by the Board of Supervisors.
(i) Clearing and Grubbing. All trees, roots, stumps, brush, down
timber, wood, rubbish and any other objectionable material shall be
removed from the site and shall include the removal of any obstruction
interfering with the proposed road construction for the full right-of-way
width, or as approved by the Township Engineer.
Section 202. Subgrade.
(a) Subgrade shall be prepared to accommodate the placement of the

pavement structure and shoulders or gutters in accordance with PennDOT
specifications and within reasonably close conformity to the lines, grades
and widths shown on the drawings and cross-sections or otherwise directed.
XXVI-4
NLP AMITY CODE 13404-10 C26 03/21/07 #102235
(b) Subgrade shall be graded to the elevation and cross-section

required with suitable soil or granular material, compacted to the
required density.
(c) In cases where the required density or stability cannot be

obtained, the material in the area shall be excavated to a depth that when
replaced and recompacted at a moisture content not exceeding optimum, the
subgrade will have the required stability.
(d) The subgrade shall be properly prepared to receive the

subbase.
(e) Where the surface of an existing non-skid roadway conforms

approximately to the proposed subgrade elevation, or where an embankment
less than nine inches (9") in depth is to be made over such roadway, the
surface of the old roadway shall be scarified to a depth of not less than
four inches (4") to permit satisfactory reshaping, binding and compaction
of the subgrade.
Section 203. Subbase.
(a) This work shall consist of constructing a layer or layers of

aggregate on a prepared area in accordance with PennDOT Publication 408,
Section 350, latest revision.
(b) The aggregate shall be stone, gravel or slag meeting the

requirements of PennDOT Type C or better, No. 2A material or approved
equal.
(c) If at the time of construction local unstable subgrade

conditions are encountered, the Township Engineer may require that all
areas of unstable subgrade be excavated to sufficient depth, replaced with
approved material and compacted to a density and stability equal to or
greater than the surrounding subgrade.
Section 204. Base Courses.
(a) Base courses shall consist of one or more layers of materials

conforming to the requirements of one or more of the following sections of
PennDOT Publication 408, latest revision:
(1) Section 305 - Bituminous concrete base course.
(2) Section 310 (Seldom Used Specifications) - Crushed

aggregate base course.
(3) Section 312 (Seldom Used specifications) - Crushed

aggregate base course, Type DG.
(4) Section 320 Aggregate - bituminous base course
Notwithstanding any provisions of this Part, a special

base course design may be approved by the Township Engineer,
provided the design provides a structural number equal to or greater
than the appropriate base course listed in the Minimum Street
Construction Standards set forth in Section 208 of this Chapter.
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Special complete roadway design may also be submitted

for approval by the Township Engineer, provided the design provides
a structural number equal to or greater than the Minimum Structural
Number listed in the Minimum Street Construction Standards set forth
in Section 208 of this Chapter.
(b) Base course(s) will be placed in layers as is more fully

described in Publication 408, latest revision, for each specific design.
(c) All subbase(s) shall be properly prepared and primed as may be

required for base course placement according to Publication 408, latest
revision.
(d) Base course(s) shall be properly prepared and primed as may be

required to receive subsequent courses.
Section 205. Bituminous Pavements.
(a) Bituminous pavements shall consist of one or more courses of

bituminous mixture constructed on the prepared foundation in accordance
with Publication 408, Section 400, latest revision, and the specific
requirements of the type of pavement as may be prepared by the Township
Engineer.
(b) Bituminous surface course asphaltic materials shall conform to

the requirements specified in the PennDOT Specifications for Bituminous
Materials, Bulletin #25, latest revision.
(c) Aggregates, coarse and fine, for binder coarse shall be made
from stone, gravel or slag unless otherwise approved and shall meet the
quality requirements for Type A stone, Type A slag and Type A gravel.
Fine aggregate shall be natural or manufactured sand composed of clean,
hard, durable, uncoated particles free from lumps of clay and organic
material. The fine aggregates used may be natural sand, stone sand,
gravel and slag sand or any combination thereto, meeting gradation
requirements in Table A, Section 703, PennDot Publication 408, latest
revision. The course aggregate shall also meet the grading requirements
indicated above.
(d) Surface Courses. The fine aggregate for surface courses shall
be natural sand, snuff sand, slag sand, manufactured sand or sand of other
approved rock of igneous origin prepared from Type A stone, composed of
clean, hard, durable, uncoated inert particles reasonably free from lumps
of clay, silt, vegetation or other deleterious substances, meeting
gradation requirements of Table B, Section 703, PennDOT, Publication 408,
latest revision.
(e) Filler for surface course shall consist of Portland cement,

fly ash or dust reasonably free of clay prepared from crushed stone and
shall meet the gradation for filler requirements as required in Table B,
Section 703, PennDOT, Publication 408, latest revision.
(f) For Class ID-2 Bituminous Surface Course, the asphaltic

materials shall conform to the requirements specified in PennDOT Bulletin
#25,latest revision.
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(g) The fine aggregate, coarse aggregate and filler shall meet the
requirements specified in Section 703.1, 703.2 and 703.1(c)(1),
respectively, latest revision.
(h) Surface and binder courses shall be compacted by use of

approved type power rollers which shall be three (3) wheel rollers or two
(2) wheel rollers, in either case having a metal weight of not less than
ten (10) tons. Pneumatic-tired rollers may be used with the approval of
the Township Engineer provided they have an operating weight of not less
than one thousand (1,000) pounds per tire. Locations inaccessible to
rollers shall be compacted by hot iron tampers or other compaction
equipment approved by the Township Engineer.
(i) Joints formed by binder or surface course laid adjacent to

concrete curbs or other rigid structures shall be sealed with an asphalt
cement Class AC-20 as directed by the Township Engineer.
Section 206. Shoulders.
(a) This works shall consist of constructing supporting shoulders

on the sides of all roads and streets within the Township where curbing
shall not otherwise be required.
(b) Shoulders shall be constructed as required and shall be

PennDOT Type 3 paved shoulders as in Publication 408, Section 653, latest
revision. Additional shoulder designs may be approved by the Township
Engineer where deemed necessary.
Section 207. Conflicts. Notwithstanding anything hereinabove set forth in

this Part, whenever the provisions of this Part shall be inconsistent with the
provisions of the Amity Township Subdivision and Land Development Ordinance as
from time to time are in effect and the provisions of said latter Ordinance are
more restrictive or contain more stringent requirements than are set forth in
this Part, then in such event the provisions of said Subdivision and Land
Development Ordinance shall prevail and be applicable. (Ordinance 112,
Section 208. Table - Minimum Street Construction Standards.

Ordinance 112, October 3, 1988, Table 1)
[THIS SPACE INTENTIONALLY LEFT BLANK]
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TABLE 1 - MINIMUM STREET CONSTRUCTION STANDARDS
Minor Street Collector Street Major Street
Standard Alternate Standard Alternate Standard Alternate
ID-2 Surface Course 1½” 1" 1½” 1" 1½” 1½” 1½” 1½” 1½”
ID-2 Binder Course –- 2" –- 2" 2" 2" 2" 2" 2"
Bituminous Concrete 4½” –- -- 4" –- -- 4" –- --

Base Course
Crushed Aggregate -- 6" -- –- 8" -- -- 8" –-

Base Course or
Crushed Aggregate
Course, DG
Aggregate-Bituminous –- –- 5" –- -- 4" -- -- 5"

Base Course
PennDOT No. 2A Coarse 4" 4" 6" 4" 4" 6" 4" 6" 6"
Aggregate Subbase
Minimum Structural 2.8 +/- 3.4 +/- 3.6 +/-

Number
NOTES:
(1) All thickness specifications are for compacted materials.

(2) Optional design cross-sections may be approved by the Township
Engineer, provided the design has a Structural Number equal to or
greater than that shown in the above chart.
(3) Permanent Cul-de-sac Street, Marginal Access Street, Service Street
and Off Street Parking construction shall conform to standards for
Minor Streets.
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Part 3
Street Excavations
Section 301. Definitions. The following words, as used in this Part,

shall have the meanings ascribed thereto:
(a) Engineer. The Township Engineer or other person duly

authorized and appointed by the governing body to perform the duties of
Engineer.
(b) Governing Body. The Board of Supervisors of the Township.
(c) Permit. A document in an approved form issued by the person,

designated by the governing body, regulating the opening and closing of
excavations in dedicated streets.
(d) Person. Any natural person, partnership, association, firm,

(e) Street. The right-of-way of any dedicated public street,

avenue, boulevard, highway or alley in the Township, excepting any state
or county highways.
(f) Township. The Township of Amity, Berks County, Pennsylvania.
The singular shall include the plural and the plural shall include the
singular, and the masculine shall include the feminine and neuter.
Section 302. Permit Requirements.
(a) It shall be unlawful for any person to drill any hole or make
any opening or excavation in any street in the Township without first
having obtained from the Township a permit.
(b) All work authorized by permit shall be done in strict

conformity with said permit and in strict conformity with the provisions
of this Part.
(c) No permit shall be issued until the applicant therefor shall

have complied with the following conditions:
(1) Payment of permit fee, per street opening, which sum

shall be for the use of the Township at such rate as may be adopted
by the Board of Supervisors by Resolution and as may be amended from
time to time by further Resolution of the Board of Supervisors.
(2) Applicant shall deposit with the Township a security

deposit, the amount of which shall be determined by the Township
based upon the cost of all restoration requirements. Such deposit
may, in the event of failure of the applicant to complete the
closure in accordance with the terms of this Part, be applied by the
Township toward the cost of restoration of the street opened or
excavated. Any balance remaining on said security deposit may be
returned by the Township to the permit holder, or the Township, in
its discretion, may retain any balance as liquidated damages. In
the event that said security deposit is not sufficient to cover all
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costs of restoration, then and in that event the permit holder shall
pay to the Township the amount of such deficiency within ten (10)
days of written notification by the Township to the permit holder of
the amount of the deficiency.
(3) Any person, in lieu of depositing the security as

hereinabove provided, may submit a performance bond with corporate
surety in such amount as may be determined by the Township and shall
include such conditions as the Township may require and approve. In
the event said bond is approved by the Township and thereafter any
person having submitted such bond violates the provisions of this
Part, the Township, in its sole and absolute discretion, may require
said person to deposit a cash security deposit as hereinabove stated
and may cancel and return the bond to said person.
(d) In the case of any emergency involving a threat of injury to

person or damage to property, a person may, upon notice to the Township
Police Department, open or excavate any street without first having
obtained a permit pursuant to this Part. In that event said person shall,
within twenty-four (24) hours of the commencement of work, apply for a
permit pursuant to this Part. In the event that said work for said
emergency occurs during a holiday or such other day when the Township
office is closed and a permit cannot be obtained, the required permit
under the terms of this Part shall be obtained on the first working day
thereafter.
Section 303. Application for Permit. Each person requesting a permit

under this Part shall file an application with the Township, which application
shall state the following:
(a) The purpose for which such opening or excavation is to be

made.
(b) The location and approximate dimensions of such opening or

excavation.
(c) An estimate of the length of time required for the work to be

done under said permit.
(d) Applicant’s name, address and telephone number.
(e) The names and addresses of all persons, firms, associations or

corporations interested in and participating in the work to be done.
Section 304. Conditions of Permit. Any permit granted pursuant to this

Part shall be granted for a designated purpose at a specific location and for a
specific period of time. The permit may contain any further conditions that may
be required by the Township. All work performed pursuant to a permit shall be
done strictly in accordance with the terms and conditions set forth in the
permit. (Ordinance 136, August 2, 1993, Section 4)
Section 305. Safety Measures to be Taken by Permit Holder; Sewer Inlets

and Drains Kept Open; Limitation on Size of Opening. During the progress of the
work, the holder of the permit shall provide and maintain such fences, barriers,
“street closed” and warning signs, red lights and other danger signals and
watchmen as may be necessary to prevent accidents to the public, pursuant to and
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in compliance with the standards established by the Pennsylvania Department of

Transportation as set forth in Title 67, Pennsylvania Code, Chapter 131, as may
be amended or supplemented from time to time, a copy of which is available for
review in the Township office. The traveling public, during the progress of the
work, shall at all times be provided for and shall be inconvenienced as little as
possible. Drainage gutters and inlets to storm sewers shall be kept clean and
unobstructed. The amount of trench opened and also the amount unfilled at the
conclusion of the work day, if any, shall at all times be subject to the decision
of the Township Engineer. (Ordinance 136, August 2, 1993, Section 5)
Section 306. Notice of Completion; Supervision of Restoration. Before

initiation of the work, the permit holder shall notify the Township Road
Superintendent to allow for the supervision and inspection of the backfill and
restoration. (Ordinance 136, August 2, 1993, Section 6)
Section 307. Limitation of Opening of Newly Paved Streets. No street

opening or excavation shall be permitted and no permit shall be granted for any
street opening or excavation of any newly paved street for any purpose whatsoever
within three (3) years from the date of completion of the paving, except for
emergency repairs or for services to an entirely new building to be erected, and
then only with prior special permission having been granted by the Board of
Supervisors upon written recommendation by the Township Engineer. In the event
that any opening or excavation shall take place for any purpose whatsoever,
including emergency, within the first year from the date of completion of the
paving of any street, then in that event the person performing such work shall
pay to the Township the sum of One Thousand Dollars ($1,000.00) for the use of
the Township, which amount shall be in addition to all costs of said person for
the refilling and restoration of said street opening or excavation, which shall
be the sole responsibility of the person making such street opening or
excavation. (Ordinance 136, August 2, 1993, Section 7)
Section 308. Manner of Operation.
(a) All openings or excavations of streets, excepting drill holes,

shall, before completion, be cut with a power saw and not with an air
jackhammer or similar device.
(b) Any person opening or excavating any street shall, upon
completion of the project and after notification to the Township,
immediately and completely backfill such openings or excavations,
mechanically tamping the same so as to prevent any settling thereof, and
shall restore the surface to the same condition as it was prior to the
making of such opening or excavation, and prior to the expiration of the
permit, shall remove from the site of work all debris, tools and
equipment.
(c) All backfilling and restoration shall be done in strict

conformance with the detailed sketches for backfilling and restoration
which are set forth in Sections 313 and 314 of this Chapter.
(d) Where test holes have been drilled, they shall be filled and
sealed with hot tar.
(e) Permanent restoration, backfilling of any opening and/or

excavations shall be as follows:
(1) A bed of screening two inches (2") in depth shall be

placed under the utility conduit.
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(2) From the bottom of conduit to a level eight inches (8")

below the surface of the trench shall be backfilled with 2A modified
stone aggregate, mechanically tamped in six inch (6") intervals.
(3) Before completing backfilling of a trench, a saw cut

shall extend a minimum of twelve inches (12") beyond the trench
opening on all sides of the excavation and excavated to a depth of
eight inches (8").
(4) The next six inches (6") above the stone backfill shall
be backfilled with bituminous concrete base course (BCBC) and shall
extend a minimum of twelve inches (12") on each side of the trench.
(5) The next two inches (2") shall be an application of

bituminous wearing course properly graded to the surface of the
street and sealed at the saw cut with an approved asphalt sealing
material. The contractor shall be held responsible for any
settlement within one (1) year of the final restoration.
(6) All lateral street cuts shall be backfilled with 2A

modified stone aggregate as described in Subsections (1) and (2)
above.
(7) In parallel street cuts, the material excavated from the

trench may be used for backfilling with written permission from the
Board of Supervisors or their agent. Under no circumstances shall
the trench be backfilled higher than two feet (2') from the road
surface with the excavated material. The last two feet (2') shall
be backfilled with 2A modified aggregate and bituminous concrete
base course as outlined above in subsections (2), (3), (4), and (5).
(f) Temporary Restoration. During winter construction periods the

trench shall be backfilled as in the first three (3) subsections of the
specifications for permanent restoration in Subsection (e) above. The
final step shall be temporary application of bituminous stockpile mix to
bring the trench to street grade. Periodically inspection shall be made
to maintain the trench in condition satisfactory to the Township. On or
before May 31st following the date the street cut was first made, the
permittee shall permanently restore the cut as in Subsections (e)(4) and
(e)(5) above.
(g) Where major street openings or excavations are done on a newly

constructed street or a street repaved within three (3) years prior to the
date of issuance of said permit, the entire street covered by the permit
issued at the location where the work is to be done, in the discretion of
the governing body, shall be retopped with paving materials prescribed by
the Township. The work of resurfacing shall be examined and inspected by
the Township. Upon satisfactory completion of said resurfacing, the
Township shall return to the permit holder any deposit and/or bond as
provided for in this Part excluding the One Thousand Dollar ($1,000.00)
deposit provided for the Township’s benefit when opening a street repaved
within one (1) year of said opening. In the event said person shall fail
to restore or resurface said street in a satisfactory manner, the Township
may perform said work and apply any amount of the security and/or bond
against the costs incurred by the Township for said restoration. In
addition, in the event that the costs of said work exceed the amount of
the deposit and/or bond, the permit holder shall pay to the Township the
deficiency within ten (10) days of the date of written notification by the
Township to the permit holder. No further permit shall be issued to any
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person unless and until all deficiencies so billed by the Township to said
person shall have been paid in full.
Section 309. Liability and Responsibility of Permit Holder; Responsibility

of Township. The party or parties to whom or for whom a permit may be issued
shall assume all responsibility for the excavations made, shall indemnify and
save harmless the Township from all loss, costs and damages by such applicant in
the performance of the work, and shall pay the Township costs of every kind
incurred in the contesting suits on said account, and, upon notice from the
Township, will assume the defense of such suits. The permittee shall submit to
the Township a certificate of insurance for public liability and property damage
in a form and amount satisfactory to the Township. All work shall be subject to
all applicable federal, state and local laws, and ordinances. (Ordinance 136,
Section 310. Penalty for Violation. Any person or persons, association,

firm or corporation violating any of the provisions of this Part shall, upon
conviction thereof before any District Justice, be sentenced to pay a fine of not
less than One Hundred Dollars ($100.00) or more than Six Hundred Dollars
($600.00) and costs of prosecution; provided, however, that no other permit shall
be issued to any person, association, firm or corporation nor shall any other
permits be allowed to remain in force until all fines and costs thereupon imposed
hereunder shall have been paid. (Ordinance 136, August 2, 1993, Section 10)
Section 311. Installation of Underground Facilities by Public Utility

Companies. From and after the enactment of this Part, it shall be unlawful for
any public service company, firm, person or corporation to install and lay
underground conduits for carrying electric light, electric power, telephone,
telegraph wires, gas and/or water under any street within the Township of Amity
unless such installation and work is done under and subject to the supervision
and approval of the Township Road Superintendent and provided that such public
service company or party making the installation shall and will obtain a permit
and assume and pay any and all costs, expenses, damages and liability of every
kind and nature incident to and arising out of such installation, and shall
assume all liability as hereinbefore set forth in this Part and shall conduct the
work in the manner therein set forth and shall and will, at its or their own
proper cost and expense, restore such excavation in accordance with the
specifications set forth herein. (Ordinance 136, August 2, 1993, Section 11)

such unconstitutional, illegality or invalidity shall not effect or impair any of
the remaining provisions, sentences, clauses, sections or parts of this Part. It
is hereby declared as the intent of the Board of Supervisors of Amity Township
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Section 313. Diagram - Permanent Restoration. (Ordinance 136, August 2,

1993, Exhibit A)
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Section 314. Diagram-Temporary Restoration. (Ordinance 136, August 2,

1993, Exhibit B)
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Part 4
Section 401. General Purpose. The construction of any new sidewalks or

curbs and the repairing of any existing sidewalks or curbs in the Township of
Amity, Berks County, Pennsylvania, shall be done in conformance with the
specifications, regulations, and/or provisions contained in this Part.
Section 402. Grades. The grade to which every curb, gutter or sidewalk
shall be hereafter laid, constructed or repaired, other than that established in
an approved subdivision plan, shall be that fixed and designated by the Township
Engineer representing the Board of Supervisors of the Township of Amity, Berks
County, Pennsylvania. (Ordinance 49, September 7, 1973, Section 2)
Section 403. Sidewalk Width and Location. The space between the street
side of the curb to the street side of the paved edge of the sidewalk shall be
three (3) feet no (0) inches, and the sidewalk paved width shall be four (4) feet
and no (0) inches in all new developments or street construction. In existing
developed sections of the Township, and where sidewalks have been constructed
prior to the date of this Ordinance, existing conditions shall be taken into
consideration by the Township of Amity in applying the width and location
regulations. (Ordinance 49, September 7, 1973, Section 3)
Section 404. Drainage. Finished sidewalks and curbs shall have a grade
from the inner edge of the sidewalk to the outer edge of the curbs of one quarter
inch (1/4") to the foot. (Ordinance 49, September 7, 1973, Section 4)
Section 405. Inspection. All work done under this Part shall be inspected
by the Township Engineer representing the Board of Supervisors of the Township of
Amity, Berks County, Pennsylvania. (Ordinance 49, September 7, 1973, Section 5)
Section 406. Public Safety. It shall be the duty of the owners of the
land abutting upon any curbs and/or sidewalks to keep them in such repair and
condition that they may not be or become dangerous to the welfare and safety of
the traveling public. The Board of Supervisors of the Township of Amity, Berks
County, Pennsylvania is hereby empowered to notify property owners when sidewalks
and curbs are in need of repair or renewal and the repair or renewal thereof
shall be made by the property owners within thirty (30) days after said written
notice is given to said property owners. Nothing herein contained shall be
construed to place the responsibility of determining when sidewalks may become
dangerous to the welfare and safety of the traveling public upon the Township.
At all times such responsibility shall be solely upon the property owner whose
land abuts the curb or sidewalk. (Ordinance 49, September 7, 1973, Section 6)
Section 407. Certain Trees Prohibited. It shall hereafter be unlawful to

plant and maintain any trees between the curb and a corresponding sidewalk. This
shall not apply to any trees presently so growing. All new trees shall be
planted on the residence side of the sidewalk at a distance which will not
interfere with the sidewalk at any time in the future. (Ordinance 49,
Section 408. Open Gutters; Rain Conductors. No open gutters for

conducting rain water or drainage of any kind shall be permitted to run over top
of the sidewalk or curbs. All underground rain conductors shall be of pipe
material such as cast iron, wrought iron, asbestos cement, clay or approved
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plastics, constructed under the sidewalk and through the curb to the gutter.
Section 409. Permits. No person or persons, firm or corporation shall

construct or repair any sidewalk, curb or gutter without first applying for and
obtaining from the Building Inspector of the Township of Amity, Berks County,
Pennsylvania a permit for the same. The application for such permit shall set
forth:
(a) the full name and address of the owners of the land affected;
(b) the name and address of the contractor or the person to

perform the work;
(c) the precise location of the property upon which the work is to
be done;
(d) the length of the proposed project; and
(e) Such other pertinent information as may be considered

necessary.
Section 410. Fees. The cost of obtaining a permit to repair existing

curbs, gutters and sidewalks shall be in accordance with the Fee Schedule of the
Township of Amity. (Ordinance 49, September 7, 1973, Section 10; as amended by
Ordinance 211, February 15, 2005, Section 1)
Section 411. Specifications.
(a) All curbs, gutters and sidewalks as well as all driveways over
sidewalks shall be constructed of monolithic concrete. Said concrete
shall have a low slump with a maximum slump of four inches (4”), a
compressive strength of four thousand (4,000) pounds per square inch (psi)
in twenty-eight (28) days, a low water-cement ratio of forty-five
hundredths (0.45) or less, entrained air of five percent (5%) to eight
percent (8%) total air content and a minimum cementitious materials
content of five hundred sixty-four (564) pounds per cubic yard (lb/cu yd)
of concrete. Certification for the concrete mix shall be furnished if
required by the Board of Supervisors or the Township of Amity.
(b) Proper finishing practices shall be used. No finishing

operation shall be performed while there is excess moisture or bleeding
water on the concrete surface. No subsequent finishing operation after
bull floating shall be done until the concrete will sustain foot pressure
with only about one-quarter inch (1/4”) indentation. The final finishing
operation shall be to make a light broom finish.
(c) The finished concrete shall be cured for at least seven (7)
days after placement. As soon as the concrete is hard it shall be cured
by one or combination of:
(1) Moisten the concrete and cover it with waterproof paper

or polyethylene film weighted down around the edges to prevent
evaporation.
(2) The concrete shall be kept continuously wet with a

sprinkler.
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(3) The concrete shall be covered with burlap that is kept

moist by occasionally spraying with water.
(4) Liquid membrane-forming curing compounds shall be

sprayed onto the concrete surface prior to temperatures below forty
degrees Fahrenheit (40°F). The curing compound shall be a type that
leaves no permanent discoloration on the surface and does not
interfere with the application of any subsequent surface treatment.
The concrete shall air dry for at least thirty days prior to
application of deicer chemicals. If time does not permit this air drying,
the concrete surface shall be sealed with an approved breathable surface
treatment.
(d) Cold Weather Precautions. If concrete is places when the air

temperature is or is expected to be less than forty degrees Fahrenheit
(40°F), the following procedures shall be followed:
(1) Use heated concrete so that temperature does not fall

below fifty degrees Fahrenheit (50°F) during placing, finishing and
curing.
(2) Keep the concrete warm when freezing is possible. Use

insulating blankets or a thick layer of dry straw. To keep the
straw dry and in place, cover it with canvas, waterproof paper or
plastic sheeting.
(3) Protect slab edges and corners with extra care, they are
most vulnerable to freezing.
During cold weather, high-early-strength concrete may be used to

speed setting and strength development. This can reduce the curing period
from seven (7) days to three (3) days, but the concrete shall be kept at
or above fifty degrees Fahrenheit (50°F) for these three (3) days. The
concrete shall then cool gradually to air temperature to prevent thermal
shock. Calcium chloride admixture shall not be used.
(e) Hot Weather Precautions. If concrete is placed when the air

temperature is or is expected to be above eighty-five degrees Fahreiheit
(85°F), the following procedures shall be followed:
(1) Use concrete that has been chilled during batching and
mixing.
(2) Dampen the subgrade and forms.
(3) Have enough manpower and equipment on hand to finish the

concrete quickly.
(4) Cover the concrete with wet burlap or plastic sheeting,

and expose only a small area at a time just ahead of finishers, or
use continuous wet curing methods.
(5) Start curing as soon as possible.
(6) Place and finish the concrete in the cooler early

morning when possible.
(f) Curbs and gutters shall be made to the following

specifications: The curbs shall have a depth of not less than eighteen
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inches (18") and shall be eight inches (8") thick at the base and seven
inches (7") thick at the top. Curbs shall be constructed with an eight
inch (8") reveal.
(g) Sidewalks shall be not less than four inches (4") in thickness
and shall rest on a compacted bed of aggregate of a depth of four inches
(4"). For width and location of sidewalks, see Section 402 of this
Chapter.
(h) Sidewalks shall have clean cut joints every four (4) linear
feet and curbs every ten feet (10'). One-half inch (1/2") pre-molded
expansion joints shall be placed every thirty (30) linear feet or less on
curb and sidewalk.
(i) Driveways over sidewalks shall be at least six inches (6")

thick and shall rest on four inches (4") of aggregate and be reinforced
with one (1) layer of six inches by six inches (6" x 6") wire mesh.
(j) A depressed curb for driveway entrances is permitted rather

than a horizontal radius. The curb shall be depressed by rounding the
edge from the top of the curb to the gutter line. The bottom line of the
curb shall be maintained. The sloped portion of the driveway on all new
construction shall terminate at the closest edge of sidewalk and at the
gutter line, and a lip at the gutter line one and three-quarter inches
(1-3/4”) high shall be constructed. The depressed curb shall be
reinforced with two (2) parallel #5 steel rebar rods.

Section 412. Penalties; Violations. Any person or persons, firm or

corporation constructing or repairing sidewalks, curbs or gutters or planting
trees in violation of any of the provisions of this Part shall, upon conviction
thereof, before a District Justice, be subject to a penalty of not less than Ten
Dollars ($10.00) nor more than Six Hundred Dollars ($600.00) for each and every
offense, and costs of prosecution; and upon default in the payment of said fine
and costs, shall be imprisoned for a period not exceeding thirty (30) days in the
Berks County Prison. (Ordinance 49, September 7, 1973, Section 12)

this Part is for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality, or invalidity shall not affect or impair
any of the remaining provisions, sentences, clauses, sections or parts of this
Part. It is hereby declared as the intent of the Board of Supervisors of the
Township of Amity, Berks County, Pennsylvania that this Part would have been
adopted and such unconstitutional, illegal, or invalid sentence, clause, section
or part thereof should not be included herein. (Ordinance 49, September 7, 1973,
Section 14)
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CHAPTER XXVII
SUBDIVISION AND LAND DEVELOPMENT
Part 1
General Provisions
Section 101. Title

Section 105. Application
Section 108. Effective Date
Part 2
Definitions
Section 201. General Interpretation

Section 202. Specific Terms
Part 3
Application Procedures
Section 301. General Procedures

Section 302. Jurisdiction
Section 303. Sketch Plan Application and Review
Section 304. Preliminary Plan Application and Review
Section 305. Final Plan Application and Review
Section 306. Plans Exempted from Standard Procedures
Section 307. Land Development Plans
Section 308. Application Fees
Section 309. Consultants Fees
Section 310. Advanced Escrow Deposit of Consultants Fees
Section 311. Modification of Fee Schedule by Resolution
Section 312. Modifications
Section 313. Improvements and Contributions
Section 314. Approval and Recording of Plans
Section 316. Public Inspection of Plans
Part 4
Plan Requirements
Section 401. Sketch Plans

Section 402. Preliminary Plans
Section 403. Final Plans
Section 404. As-Built/Improvements Plan
XXVII-1
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Part 5
Design Standards and Required Improvements
Section 501. Application and General Standards

Section 502. Street Design
Section 503. Street Construction and Improvement Standards
Section 504. Street Names and Signs
Section 505. Traffic Impact Analysis
Section 506. Blocks, Lots and Parcels
Section 507. Curbs, Sidewalks and Pathways
Section 508. Monuments and Markers
Section 509. Driveways
Section 510. Off-Street Parking and Loading Areas
Section 511. Stormwater Management
Section 512. Sedimentation and Erosion Control
Section 513. Easements and Rights-of-Way
Section 514. Sanitary Sewage Disposal
Section 515. Water Supply
Section 516. Utilities
Section 517. Landscaping
Section 518. Community Facilities
Section 519. Recreation and Open Space
Section 520. Lighting Requirements and Design Standards
Section 521. Standards for Developments in the Planned Business/Office/
Industrial District
Part 6
Contracts, Fees and Contributions
Section 601. Improvement Guarantees and Contracts

Section 602. Acceptance of Streets and Other Improvements
Section 603. Maintenance Guarantee
Section 604. Public Utilities and Municipal Authorities
Section 605. Final Release from the Improvement Bond
Section 606. Contributions and Fees
Part 7
Administration and Enforcement

Section 703. Preventive Remedies
Section 704. Enforcement Remedies
Part 8
Appendices
Section 801. Appendix A - Application Form for Subdivision and Land

Development Review
Section 802. Appendix B - Model Formats
Section 803. Appendix C - See Chapter XXVI, Streets, Sidewalks, Driveways and
Curbs, Part 2, Street Pavings
Section 804. Appendix D: See Chapter XXVI, Streets, Sidewalks, Driveways and
Curbs, Part 4, Sidewalks, Curbs and Gutters
Section 805. Appendix E - As-Built Plan Requirements
Section 806. Appendix F - Well Abandonment Procedure
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Part 1
General Provisions
Section 101. Title. An Ordinance establishing rules and regulations

governing the subdivision and development of land within Amity Township, Berks
County, Pennsylvania, pursuant to the authority set forth in the Pennsylvania
Municipalities Planning Code (Act 247, as amended), setting forth the procedure
to be followed by the Amity Township Board of Supervisors and Planning Commission
in applying these rules, regulations, standards and specifications, and
prescribing the manner of enforcement and penalties for the violation thereof.
Section 102. Short Title. This Ordinance shall be known and cited as the
“Amity Township Subdivision and Land Development Ordinance of 1992, as amended”.
Section 103. Purpose. These regulations are adopted to protect, promote

and create conditions favorable to the health, safety, convenience and general
welfare of the citizens of Amity Township by:
(a) Ensuring that sites will be suitable for building purposes,

human habitation, commercial and industrial operations, and other uses for
which land may be used.
(b) Providing for the orderly, efficient, integrated and

harmonious development of land within the Township.
(c) Effectively coordinating the planning, design and construction

of proposed transportation and community facilities with existing
facilities in the Township.
(d) Ensuring the conformance of subdivision and land development

plans with the public improvement plans and programs of the Township,
County and/or State.
(e) Providing for the efficient and orderly extension of community

facilities and services.
(f) Ensuring that all subdivision and land development

applications are consistent with the goals, objectives and policies of the
Amity Township Comprehensive Plan and the Amity Township Zoning Ordinance
(see Chapter XXXII of the Township Code of Ordinances).
(g) Providing for adequate open spaces for traffic, recreation,

light and air, and for proper distribution of population.
(h) Assuring the equitable and just processing of subdivision and

land development plans by providing uniform procedures and standards for
the observance by both the applicant and Township officials.
(i) Encouraging and promoting flexibility in subdivision and land

development design when it results in an improvement to the environment
and overall conditions of the site.
(j) Creating conditions favorable to the health, safety and

general welfare of the residents of Amity Township.
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Section 104. Interpretation.
(a) The provisions of this Amity Township Subdivision and Land

Development Ordinance shall be held to be the minimum requirements to meet
the stated purposes indicated under Section 103.
(b) Where the provisions of this Chapter impose greater

restrictions than those of any other Township statute, ordinance or
regulation, the provisions of this Chapter shall be complied with. Where
the provisions of any other Township statute, ordinance or regulation
impose greater restrictions than this Chapter, the provisions of such
other Township statute, ordinance or regulation shall be complied with
unless otherwise stated in this Chapter.
Section 105. Application.
(a) After the effective date of this Ordinance, any subdivision or

land development shall be in conformity with this Subdivision and Land
Development Ordinance including all standards and specifications adopted
as part of this Ordinance.
(b) All subdivision and land development applications shall

conform with the goals, objectives and policies of the Amity Township
Comprehensive Plan.
(c) All subdivision and land development applications shall

conform with the standards and provisions of the Amity Township Zoning
Ordinance (see Chapter XXXII of the Township Code of Ordinances).
(d) No subdivision or land development of any lot, tract or parcel

of land shall be made, and no street sanitary sewer, storm sewer, water
main or other improvements in connection therewith shall be laid out,
constructed, opened or dedicated for public use or travel, or for the
common use of occupants of buildings abutting thereon, except in
accordance with the provisions of this Chapter.
(e) Unless and until a subdivision and/or land development plan

has been approved and recorded in accordance with all standards and
provisions of this Chapter, no lots within a proposed subdivision or land
development may be sold and no permits shall be issued in order to erect
any building upon land within a development.
(f) Where under special and unique conditions, a literal

enforcement of these regulations would result in an unnecessary hardship,
such reasonable exceptions thereto may be made, provided it will not
effect the public health, safety and general welfare of the Township
residents.
(g) After approval or endorsement by the Amity Township Planning

Commission and Board of Supervisors, the subdivision or land development
plan shall be recorded in the Berks County Recorder of Deeds Office
located in Reading, Pennsylvania.
Section 106. Severability. Should any article, section, subsection,

paragraph, clause, phrase or provision of this Chapter be declared by a court of
competent jurisdiction to be invalid, such judgment shall not affect the validity
of this Chapter as a whole or any part or provision thereof other than the part
so decided to be invalid or unconstitutional.
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Section 107. Repealer. All ordinances or parts of ordinances, together

with the amendments and supplements thereto, are hereby repealed to the extent
that the same conflict with the provisions of this amended Subdivision and Land
Development Ordinance; provided however, that the provisions of this amended
Subdivision and Land Development Ordinance shall not affect any suit or
prosecution pending or to be instituted to enforce any provision of such repealed
ordinance or to punish any offense against any such repealed ordinance committed
prior to the effective date of this amended Subdivision and Land Development
Ordinance.
Section 108. Effective Date. This Subdivision and Land Development

Ordinance has been enacted by the Amity Township Board of Supervisors on November
18, 1992. This Ordinance shall become effective on November 25, 1992.
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Part 2
Definitions
Section 201. General Interpretation. Unless otherwise stated hereafter,

words and phrases within this Chapter shall have the meaning assigned in this
Part. Terms not defined in this Part shall be interpreted according to common
usage or as the context may imply. For the purpose of this Chapter, certain terms
and words have been defined and/or interpreted below:
(a) Words used in the present tense shall include the future
tense.
(b) Words in the singular shall include the plural and words in
the plural shall include the singular.
(c) Words in the masculine gender shall include the feminine and
the neuter.
(d) The words “shall”, “will”, and “must” are mandatory.
(e) The words “can” or “may” are permissive.
(f) The word “person” includes any “individual”, “company”,

“partnership”, “corporation”, “association”, “unincorporated association”
or other similar entity.
(g) The words “used for” include “designed for”, “arranged for”,
“intended for”, “maintained for” and “occupied for”.
(h) The words “building” and “structure” shall be construed as if

followed by the phrase “or part thereof”.
(i) The word “lot” shall include the terms “plot”, “parcel”,
“site” and “tract”.
(j) The word “Township” shall refer to Amity Township, Berks

County, Pennsylvania.
Section 202. Specific Terms.
(a) Accessory Building. A building subordinate to the principal

building on a lot and used for purposes customarily incidental to those of
the principal use.
(b) Accessory Use. A subordinate use of a portion of a lot which

is customarily incidental to the main or principal use of land or of a
building on a lot.
(c) Acre. Forty-three thousand five hundred sixty (43,560) square

feet.
(d) Act. The Pennsylvania Municipalities Planning Code, as

amended.
(e) Act 247. The Pennsylvania Municipalities Planning Code, as

amended.
(f) Adjacent. The state of being side by side, next to or

adjoining one another.
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(g) ADT (Average Daily Traffic). The average number of vehicles

that pass over a given point per day.
(h) Agent. Any person other than the developer who, acting for
the subdivider or developer, submits subdivision or land development plans
to the Township for the purpose of obtaining approval.
(i) Alley. A right-of-way or street that is municipally or

privately owned which serves as a secondary vehicular access to the side
or rear of two (2) or more properties.
(j) Alluvial Soils. Soils which have been formed in alluvium and
deposited by past stream or flooding conditions.
(k) Alluvium. Soil material such as sand, silt or clay that has
been deposited on land by past stream or flooding conditions.
(l) Alteration. Any change or rearrangement in the structural

parts or in the existing facilities of a building or structure or any
enlargement thereof, whether by extension on any side or by an increase in
height, or the moving of such building from one location or position to
another.
(m) Annexation. The act of adding, joining or uniting one (1) lot
to another lot in order to create out of said two (2) lots a larger tract
or parcel of land intended for separate use, building development or
transfer of ownership.
(n) Applicant. A landowner or developer, as hereinafter defined,

who has filed an application for development, including his heirs,
representatives, successors and assigns.
(o) Architect. A professional architect registered in the

(p) Berm. An earth mound with a maximum side slope of 3:1 covered
with grass, shrubbery or ground cover and which is intended to block
views, create landscape interest or impound water.
(q) Block. A tract of land or a lot or group of lots, bounded by

streets, public parks, railroad rights-of-way, water courses or bodies of
water, boundary lines of the Township, or by any combination of the above.
(r) Board of Supervisors. The Board of Supervisors of the

Township of Amity, Berks County, Pennsylvania.
(s) Buffer Yard. A continuous strip of land which is clear of all

buildings and paved areas and is adequately landscaped in accordance with
(t) Building. A structure enclosed within exterior walls or fire

walls, built, erected and framed of component structural parts, designed
for the enclosure and support of individuals, animals or property of any
kind.
(u) Building Area. The total area taken on a horizontal plane at

the main grade level of all primary and accessory buildings on a lot,
excluding unroofed porches, paved terraces, steps, eaves and gutters, but
including all enclosed extensions.
(v) Building Coverage. The percentage of a lot covered by

principal and accessory buildings.
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(w) Building Envelope. The area of lot that is not subject to any
required building setbacks and/or development restrictions.
(x) Building Height. The vertical distance measured from the

average elevation of the finished grade at the two (2) front corners of
the building to the highest point of the roof.
(y) Building Length. The measurement of a building in one (1)

general direction.
(z) Building Setback. The minimum distance a building or

structure must be set back from the street right-of-way line (except the
right-of-way of a service street).
(aa) Building Setback Line. The line within a property

establishing the minimum required distance between any building or
structure, or portions thereof, to be erected or altered and a street
right-of-way (except the right-of-way of a service street). The distance
shall be measured at right angles from the street right-of-way line which
abuts the property and the building setback line shall be parallel to said
right-of-way line.
(bb) Caliper. Diameter of a tree’s trunk measured twelve inches

(12”) above the ground.
(cc) Cartway. The portion of a street right-of-way, paved or

unpaved, intended for vehicular use.
(dd) Centerline (Street). A line measured midway between and

parallel to the street right-of-way line, or as otherwise defined on plans
and deeds of record.
(ee) Certificate of Use and Occupancy. A statement, based on an

inspection, signed by the Zoning Officer, setting forth that a building,
structure, sign and/or land complies with the Township Zoning Ordinance
(see Chapter XXXII of the Township Code of Ordinances), or that a
building, structure, sign and/or land may be lawfully employed for
specific uses or both.
(ff) Clear Sight Triangle. An area of unobstructed vision at

street intersections defined by lines of sight between points at a given
distance from the intersection of the street center lines.
(gg) Cluster Development. An alternative development method

wherein structures are arranged in closely related groups, reducing lot
sizes, preserving land for open space, and permitting innovative site
design.
(hh) Common Open Space. A parcel or parcels of land or an area of

water, or a combination of land and water, within the development site
designed and intended for use or enjoyment of all residents of the
development in which it is located. Land included within the right-of-way
lines of streets shall not be classified as common open space. Common open
spaces shall not include required open areas between buildings and between
buildings and street rights-of-way, driveways, parking areas and property
lines in the development. No dwelling unit, residential accessory
buildings or parking area may be located within common open spaces.
(ii) Common Parking Area. A parking facility other than those

provided within the lot lines of a lot on which one (1) single-family
detached dwelling, one (1) single-family semi-detached dwelling or one (1)
townhouse is located.
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(jj) Common Wall. A wall used or adopted for joint service between
two (2) buildings or parts thereof.
(kk) Completion. The act of bringing to a condition of physical

completeness and readiness for use and occupancy.
(ll) Comprehensive Plan. The document entitled the “Amity Township

Comprehensive Plan”, or any part thereof, adopted by the Board of
Supervisors.
(mm) Construction Site. The total necessary land required for all
buildings or uses within a unified development before a zoning or building
permit may be issued.
(nn) Conversion. To change or adapt land or structures to a

different use, occupancy or purpose.
(oo) County. The County of Berks, Commonwealth of Pennsylvania.
(pp) County Planning Commission. The Berks County Planning

Commission.
(qq) Court. A portion of a lot unoccupied above grade but

partially or wholly surrounded by the walls of a structure or building.
(rr) Crosswalk (Interior Walk). A publicly or privately owned

right-of-way for pedestrian use extending from a street into a block or
across a block to another street.
(ss) Curb Line. The edge of the cartway.
(tt) Dedication. The deliberate appropriation of land by its owner

for any general and public use, reserving to himself no other rights than
those that are compatible with the full exercise and enjoyment of the
public uses to which the property has been devoted.
(uu) Density. The number of dwelling units per gross acre.
(vv) Design Standards. Regulations imposing standards for the

layout by which a subdivision or land development is developed.
(ww) Developer. Any landowner, whether an individual, firm,

partnership, association, corporation, estate, trust or any other group or
combination acting as a unit (or agent of said landowner authorized
thereby) which undertakes the subdivision or development of land.
(xx) Development. Any man-made change to improved or unimproved

land, including but not limited to buildings or other structures, the
installation of utilities, filling, grading, paving, excavation, mining,
dredging or drilling operations.
(yy) Development Plan. The provisions for development of a plat of

subdivision, all covenants relating to use, location and bulk of buildings
and other structures, intensity of use or density of development, streets,
rights-of-way, and parking facilities, common open space and public
facilities. The phrase “provisions of the development plan” when used in
this Chapter shall mean the written and graphic materials referred to in
this definition.
(zz) Drainage Facility. Any ditch, swale, culvert, gutter, pipe,

pond, storm sewer or other structure designed, intended and/or constructed
for the purpose of diverting surface waters from or carrying surface
waters off streets, public rights-of-way, recreational areas, parking
XXVII-9
LAB AMITY CODE 13404-10 07/06/16 #C57648-03
facilities or any part of any subdivision, land development or contiguous

land area.
(aaa) District. A portion of the Township within which certain

uniform regulations and requirements or combinations thereof apply under
the provisions of this Chapter.
(bbb) Driveway. A private right-of-way providing for vehicular and

pedestrian access between a public street and a parking area within a lot
or property.
(ccc) Dwelling. A building or structure, or portion thereof,

arranged, intended, designed or used as the living quarters for one or
more families living independently of each other. Such buildings as
hospitals, hotels, boarding, rooming or lodging houses, nursing homes,
motels, and institutional residences are not included in the definition of
dwelling.
(ddd) Dwelling Unit. A building or portion thereof providing one

(1) or more rooms arranged for the use of one (1) or more individuals
living together as a single housekeeping unit, and having no cooking or
sanitary facilities in common with any other dwelling unit.
(eee) Easement. A right-of-way granted, but not dedicated, for

limited use of private land for a public or quasi-public purpose, and
within which the owner of the property shall not erect any permanent
structures, but shall have the right to make any other use of the land
which is not inconsistent with the rights of the grantee.
(fff) Engineer. A licensed professional engineer registered by the

(ggg) Erosion. The process by which soil and bedrock are worn away
by the action of wind, water, climate or chemical action.
(hhh) Excavation. Any act by which earth, sand, gravel or rock is

dug into, cut, quarried or moved.
(iii) Floodway. The channel of a river or other watercourse and the

adjacent land areas required to carry and discharge a flood of the one
hundred (100) year magnitude.
(jjj) Fence. A man-made barrier placed or arranged as a line of

demarcation between lots or to enclose a lot or portion thereof. The term
“fence” shall be deemed to include a wall.
(kkk) Grade. The inclination, with the horizontal, of a street

which is generally expressed by stating the vertical rise or fall as a
percentage of the horizontal distance and/or the level of the land
improved or unimproved.
(lll) Governing Body. The Amity Township Board of Supervisors.
(mmm) High Water Table Soils. Surface soils which are within three
feet (3') of the seasonable high water table.
(nnn) Highway Access Point. A place of ingress/egress from or

access to a street or highway created by a driveway or another street or
highway. Measurement between them shall be from the centerline of one
such point to the centerline of another such point.
(ooo) Highway Frontage. The lot dimensions measured along the

right-of-way line of any one street or highway abutting a lot.
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(ppp) Hydric Soil. A soil that is saturated, flooded or ponded long

enough during the growing season to develop anaerobic conditions in the
upper part.
(qqq) Impervious Coverage. The percentage of lot area covered by

any and all impervious materials, such as buildings, paved parking areas,
paved walks, terraces and similar surfaces which do not normally absorb
rainfall.
(rrr) Impervious Surfaces. Those surfaces which do not normally

absorb water. All buildings, parking areas, driveways, roads, sidewalks
and any areas in concrete, asphalt or packed stone, which, in the opinion
of the Township Engineer, shall be considered impervious surfaces, shall
be classified as an impervious surface within this definition. In
addition, other areas determined by the Township Engineer to be impervious
within the meaning of this definition will also be classified as
impervious surfaces.
(sss) Improvement. Those physical additions and modifications to

the land that may be required to insure that the site is suitable for the
proposed land use.
(ttt) Improvements Agreements. An agreement (in a form and manner

acceptable to the Township) requiring a developer to install the
improvements required by this Chapter and any improvements or amenities
which appear on the plan in accordance with the requirements of this
Chapter.
(uuu) Improvement Setback. The minimum distance an improvement must

be set back from a street right-of-way and/or property line.
(vvv) Improvement Specifications. Regulations adopted pursuant to

this Chapter imposing minimum standards for the construction of the
required improvements such as roads, storm drainage facilities, curbs,
sidewalks, sanitary sewage facilities, etc.
(www) Land Development. The improvement of one (1) lot or two (2)
or more contiguous lots, tracts or parcels of land for any purpose
involving:
(1) a group of two (2) or more residential or non-

residential buildings, whether proposed initially or cumulatively,
or a single non-residential 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 (2) or more existing
or prospective occupants by means of, or for the purpose of,
streets, common areas, leaseholds, condominiums, building groups or
other features; or
(3) a subdivision of land.
(xxx) Landowner. The legal or beneficial owner or 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 under a
written lease, who has written authorization of the legal owner shall be
deemed to be a landowner for the purpose of this Chapter.
(yyy) Landscape Architect. A professional landscape architect

registered by the Commonwealth of Pennsylvania.
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(zzz) Landscaped Area. The percentage of a lot covered by trees,

gardens, grass, shrubbery, natural turn and other natural ground cover
such as mulch, decorative stone or similar material.
(aaaa) Lot. A tract or parcel of land, regardless of size, held in

single or joint ownership, not necessarily a lot or lots shown on a duly
recorded map, which is occupied or capable of being occupied by buildings,
structures and accessory buildings, including such open spaces as are
arranged, designed or required. The term “lot” shall also mean parcel,
plot, site or any similar term.
(1) Corner Lot. A lot situate at and abutting the

intersection of two (2) streets having an interior angle of
intersection not greater than one hundred thirty-five degrees
(135°). The front yard and lot width requirements shall apply to
each public street to which the corner lot has frontage.
(2) Interior Lot. A lot other than a corner lot, the sides
of which do not abut a street.
(3) Reverse Frontage Lots. Lots which have frontage on two

(2) public streets while restricting vehicular access solely from
the public street which would front along the commonly identified
rear of the lot.
(4) Through Lot. An interior lot having frontage on two (2)

parallel or approximately parallel streets.
(5) Flag Lot or Keyhole Lot. An irregularly shaped lot

characterized by an elongated extension from a street to the
principal part of the lot. The flag or keyhole shape of the lot is
normally intended to provide for access to an otherwise land locked
interior parcel.
(bbbb) Lot Area (Gross). The space contained within the lot lines,
including land area within all existing and future/ultimate street rights-
of-ways, areas delineated as “wetlands”, areas identified as common open
space and land area within all utility, municipal and storm water
easements.
(cccc) Lot Area (Net). The space contained within the lot lines,
excluding any and all land areas as follows: areas within existing or
designated ultimate street rights-of-ways; areas delineated as “wetlands”;
areas identified as common open space; and areas within easements
dedicated for utility, municipal or storm water purposes. The net lot area
for all proposed lots shall be no smaller than the minimum lot size for
the zoning district in which the lot is located.
(dddd) Lot Coverage. The percentage of a lot covered by principal

and accessory buildings.
(eeee) Lot Depth. The mean average horizontal distance between the
front and the rear lot lines.
(ffff) Lot Frontage. That portion of a lot which fronts on a single

street.
(gggg) Lot Line. A line forming the front, rear or side boundary of
a lot.
(1) Front Lot Line. The line separating a lot from a

street.
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(2) Rear Lot Line. The lot line which is opposite the front
lot line. The rear line of any triangularly or irregularly shaped
lot shall be established such that it will be at least ten feet
(10') long.
(3) Side Lot Line. Any lot line other than a front or rear
lot line.
(hhhh) Lot of Record. A lot or parcel recorded in the Office of the

Recorder of Deeds of Berks County, Pennsylvania.
(iiii) Lot Width. The width of a lot measured at the street line
and at the legal right-of-way line or ultimate right-of-way line (where it
exists) of the public street immediately adjacent thereto.
(jjjj) Marker. A marker shall be a metal reinforced pin of at least

three-quarters inch (3/4") in diameter and at least thirty-six inches
(36") in length.
(kkkk) Mature Tree. Any tree of six inches (6”) or more in caliper,
whether standing along, in tree masses or woodlands. A mature tree shall
be a healthy specimen and shall be a desirable species as determined by
the Township.
(llll) Monument. A monument shall be a concrete monument of at

least thirty inches (30") in length and have a flat top at least four
inches (4") in diameter or square with the bottom sides being two inches
(2") or greater. All concrete monuments shall contain a copper or brass
dowel (plug).
(mmmm) Multiple Dwelling Building. A building providing separate

dwelling units for three (3) or more families.
(nnnn) Municipality. The Township of Amity, Berks County,

Pennsylvania.
(oooo) Municipal Use. A land use owned, operated and/or maintained

by the Township such as, but not limited to, recreational
areas/facilities, educational facilities, emergency management facilities,
administrative offices, meeting rooms, water and sewage facilities,
utilities, road materials and equipment storage facilities, cultural
facilities, historical facilities and other similar governmental land
uses.
(pppp) Official Map. The Zoning Map of Amity Township (see Chapter
XXXII of the Township Code of Ordinances).
(qqqq) One-Hundred (100) Year Flood: A flood that, on the average,

is likely to occur once every one hundred (100) years, i.e., that has a
one percent (1%) chance of occurring each year, although the flood may
occur in any year.
(rrrr) Open Space. Unoccupied space open to the sky and on the same
lot with the principal use.
(ssss) Parking Lot. An off-street area designated solely for the

parking of motor vehicles, including driveways, passageways and
maneuvering space appurtenant thereto.
(tttt) Parking Perimeter. The limit beyond which parking is not

allowed, the circumscribed parking area.
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(uuuu) Parking Space. A reasonable level space, available for the

parking of one (1) motor vehicle, not less than ten feet (10') wide and
having an area of not less then two hundred (200) square feet exclusive of
passageways or other means of circulation or access.
(vvvv) Paved Area. The percentage of lot area covered by any and
all impervious surfaces, as defined herein.
(wwww) Plan. The proposal for subdivision or land development,

including all covenants, grants or easements and other conditions relating
to use, location and bulk of buildings, density of development, common
open space and public facilities.
(1) Sketch Plan. An informal plan, drawn to scale,

indicating existing features of a tract and the general layout of
the proposed subdivision or land development. The plan shall be
presented for discussion purposes only and not for approval.
(2) Preliminary Plan. A tentative subdivision or land

development plan (including all required supplementary data) showing
the pertinent features of a tract and proposed street and lot layout
as a basis for consideration prior to preparation of a final plan.
(3) Final Plan. A complete and exact subdivision or land

development plan (including all required supplemental data) prepared
for official recording as required by statute, to define property
rights, proposed streets and other improvements.
(4) Minor Subdivision Plan. A complete and exact plan

prepared in accordance with the standards and limitations specified
under Subsection 306(b) of this Chapter.
(5) As-Built/Improvement Plan. A detailed engineering plan

showing the construction details of streets, storm drainage
facilities and other improvements as required by this Chapter.
(6) Plan of Record. An exact copy of the approved final

plan which has been officially recorded by the Berks County Recorder
of Deeds.
(xxxx) Planned Residential Development (PRD). An 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 Chapter. All
standards and specifications for PRD’s are contained within Part 7 of the
Amity Township Zoning Ordinance (see Chapter XXXII of the Township Code of
Ordinances).
(yyyy) Planning Commission. The Planning Commission of the Township

of Amity, Berks County, Pennsylvania.
(zzzz) Plat. The map or plan of a subdivision or land development,

whether sketch, preliminary or final.
(aaaaa) Principal Building. A building in which a principal use on

a lot is carried on.
(bbbbb) Principal Use. The main or primary purpose for which any
land, structure or building is designed, arranged or intended, and for
which it may be occupied or maintained under the terms of the Township
Zoning Ordinance (see Chapter XXXII of the Township Code of Ordinances).
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(ccccc) Recreation Area (Active). Land area that contains

facilities that require visitors/participants to become involved in
physical or an energetic moving function, primarily group functions.
(ddddd) Recreation Area (Passive). Land area that contains

facilities that require visitors/participants to become involved in quiet
functions that do not require physical or energetic functions. The term
Passive Recreation shall include walking, jogging and nature trails
included as part of any Park or Development.
(eeeee) Regulatory Flood Elevation. The one hundred (100) year

flood elevation plus a freeboard safety factor of one and one-half feet
(1.5').
(fffff) Reverse Strip. A parcel of land separating a street from

other adjacent properties or from another street.
(ggggg) Resubdivision. Any change of lot lines within a previously

approved subdivision. Any replatting or new division of land. Replattings
shall be considered as constituting a new subdivision of land.
(hhhhh) Review. An examination of subdivision or land development

plan by the Planning Commission and the Board of Supervisors to determine
compliance with this Chapter and the administrative regulations, design
standards and improvement specifications enacted pursuant thereto.
(iiiii) Right-of-Way. The total width of any land that is reserved

or dedicated for streets, utilities, drainage facilities or other public
purposes.
(1) Existing Right-of-Way. The legal right-of-way as

currently established by the Commonwealth or other appropriate
governing authority.
(2) Ultimate Right-of-Way. The right-of-way deemed necessary

to provide adequate width for future improvement.
(jjjjj) Sanitary Sewer System. A system designated to collect,

treat and dispose of sewage from users in compliance with state and local
regulations.
(1) On-Lot System. A sewage disposal system which collects,

treats and disposes of sewage or holds sewage from only one (1)
dwelling, principal use or lot.
(2) Community System. A sewage disposal system which

collects, treats and disposes of sewage from more than one (1)
source by a system of pipes to a central treatment and disposal
plant, generally serving a neighborhood area.
(3) Public or Municipal System. A sewage disposal system

which collects, treats and disposes of sewage from more than one (1)
plant, but not confined to a neighborhood area.
(kkkkk) Sewage Enforcement Officer (SEO). An official designated by

the Township who issues and reviews permit applications and conducts such
investigations and inspections as are necessary to implement the rules and
regulations as established by the Pennsylvania Department of Environmental
Protection for design and installation of sewage facilities.
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(lllll) Sight Distance. The required horizontal length of a roadway

visible to the driver of a passenger vehicle at any given point on the
roadway when the view is unobstructed by vehicular traffic. Horizontal
sight distances shall be measured in each direction from the edge of the
cartway at a point three and one-half feet (3.5') above the road surface
to a point six inches (6") above the centerline of the road surface.
(mmmmm) Site. A parcel or parcels of land intended to have one or

more buildings, or intended to be subdivided into one or more lots.
(nnnnn) Soil Survey. A document entitled “Soil Survey of Berks

County, Pennsylvania” issued in September, 1970 by the United States
Department of Agriculture in cooperation with the Pennsylvania State
University and the Pennsylvania Department of Agriculture.
(ooooo) Soil Percolation Test. A field test conducted by a person

qualified according to the rules and regulations of the Pennsylvania
Department of Environmental Protection to determine the suitability of the
soil for on-lot sanitary sewage disposal facilities by measuring the
absorptive capacity of the soil at any given location and depth.
(ppppp) Solid Waste. Waste including solid, liquid, semi-solid or

contained gaseous materials.
(qqqqq) Specimen Tree. Any tree with a caliper that is seventy-five

percent (75%) or more of the State record tree of the same species in the
(rrrrr) Street. A public or private right-of-way, excluding

driveways, intended as a means of vehicular and pedestrian travel,
furnishing access to abutting properties. The word “street” includes
thoroughfare, avenue, boulevard, court, drive, expressway, highway and
similar terms.
(1) Arterial (Major) Street. A street serving a large

volume of comparatively high-speed and long distance traffic.
(2) Collector Street. A street which, in addition to

providing access to abutting properties, intercepts minor streets to
provide a route serving fifty (50) or more dwelling units to give
access to community facilities and/or arterial streets or other
collector streets. Streets within an industrial or commercial
development shall be considered collector streets.
(3) Minor Street. A street used primarily to provide access

to residential properties.
(4) Cul-de-sac Street. A minor street intersecting another

street at one end, and terminating in a vehicular turnaround at the
other end.
(5) Marginal Access Street. A minor street, parallel and

adjacent to an arterial or collector street (separated by a reverse
strip) which provides access to abutting properties and control of
intersections.
(6) Service Street (Alley). A minor right-of-way providing

secondary vehicular access to the side or rear of two (2) or more
properties.
(7) Public Street. A street offered for dedication and

accepted by the Township for public use.
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(8) Private Street. A street not offered or intended to be

offered for dedication to the Township for public use.
(sssss) Street Frontage. The lot dimension measured along the

street line or right-of-way line of any one street or highway abutting a
lot.
(ttttt) Street Line. The dividing line between a lot and the
outside boundary of a public street, road or highway right-of-way legally
open or officially mapped by a municipality or higher governmental
authority, between a lot and the outside boundary of a street shown on a
recorded subdivision or land development plan, or between a lot and a
private street or road which the owners or tenants of one or more lots
held in single and separate ownership have a right-of-way.
(uuuuu) Structure. Any man-made object having an ascertainable

stationary location on or in land or water, whether or not affixed to the
land.
(vvvvv) Subdivider. Any landowner, whether an individual, firm,

partnership, association, corporation, estate, trust or any other group or
combination acting as a unit (or agent of said landowner authorized
thereby) which undertakes the subdivision or development of land.
(wwwww) Subdivision. The division or redivision of a lot, tract or

parcel of land by any means into two (2) 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, partition by the court for
distribution to heirs or devisees, transfer of ownership or building or
lot development.
(xxxxx) Subdivision and Land Development Ordinance. The Amity

Township Subdivision and Land Development Ordinance of 1992; as amended on
July 6, 1993; as further amended on June 3, 1996; as further amended on
October 6, 1997; as further amended on April 26, 1999; as further amended
on April 3, 2000.
(yyyyy) Surveyor. A professional land surveyor registered by the

(zzzzz) Township. The Township of Amity, Berks County,

Pennsylvania.
(aaaaaa) Township Engineer. A professional engineer licensed as

such in the Commonwealth of Pennsylvania and appointed by the Township.
(bbbbbb) Tree Mass. A grouping of three (3) or more trees each at

least six inches (6”) in caliper within an area of one hundred (100)
square feet.
(cccccc) Use. The specific purpose for which land, a sign or a

structure or building is designed, arranged or intended, or for which it
may be occupied or maintained, or any activity, occupation, business or
operation which may be carried on, thereon or therein. The term “permitted
use” or its equivalent shall not be deemed to include any non-conforming
use.
(dddddd) Utilities. Those services customarily rendered by public

utility corporations, municipalities or municipal authorities, in the
nature of electricity, gas, telephone, water and sewerage, including the
appurtenances used in connection with the supplying of such services
(buildings, wires, pipes and poles).
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(eeeeee) Water Supply System. A system designated to transmit water

from the source to users, in compliance with the requirements of the
appropriate state agencies and the Township.
(1) On-Lot Water Supply System. A water supply system which

transmits water from a source on the lot to one (1) dwelling,
principal use or lot.
(2) Community Water Supply System. A temporary water supply

system which transmits from a common source to more than one (1)
dwelling, principal use and/or lot within a single neighborhood. A
community water supply system may be permitted on a temporary basis
for developments which are to be permanently serviced by a public
water supply system.
(3) Public or Municipal Water Supply System. A system of

water collection, storage, transmission and delivery which is
proposed to service a community, but not confined to a single
neighborhood.
(ffffff) Wetlands. Those areas that are inundated or saturated by

surface or ground water at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas. The three (3)
major characteristics of wetlands include vegetation, soil and hydrology.
(gggggg) Woodland. A stand of predominantly native vegetation

covering at least one (1) acre, consisting of at least fifty percent (50%)
cover of mature trees in varying size.
(hhhhhh) Woodland Extraction. The clear cutting of mature trees

(six inches (6") or more in diameter) to provide an adequate area for
development.
(iiiiii) Yard. An open space on the same lot with a structure (or a
group of structures) which lies between the structure (or a group of
structures) and a lot line and which is unoccupied and unobstructed from
the ground upward except as herein permitted.
(1) Front Yard. A yard extending the full width of the lot
between a structure and the front lot line. On lots abutting more
than one public street other than an alley the front yard
requirement shall apply fronting each public street.
(2) Rear Yard. A yard extending the full width of the lot
between a structure and a rear lot line.
(3) Side Yard. A yard extending from the front yard to the
rear yard between a structure and the nearest side lot line.
(jjjjjj) Zoning. Division of all the land of an entire political

subdivision into districts having different regulations pertaining to use
of land; and height, area, bulk and use of buildings, and yard
requirements; and in some states density of population. Zoning is affected
by local ordinance under the police power of the state granted by specific
legislation generally termed an “enabling act”.
(kkkkkk) Zoning Map. The Amity Township Zoning Map (see Chapter
XXXII of the Township Code of Ordinances).
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(llllll) Zoning Officer. The agent or official designated by the

governing body to administer and enforce the Township Zoning Ordinance
(see Chapter XXXII of the Township Code of Ordinances).
(mmmmmm) Zoning Ordinance. The Amity Township Zoning Ordinance of

1991; as amended on May 4, 1992; as further amended on November 18, 1992;
as further amended on August 29, 1994; as further amended on April 27,
1998; as further amended on April 26, 1999; as further amended on October
11, 1999 (see Chapter XXXII of the Township Code of Ordinances).
April 26, 1999, Sections 1 & 2; as further amended by Ordinance 217, September 6,
2005, Sections 1 & 2; as further amended by Ordinance 235, April 17, 2007,
Sections 1 & 2)
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Part 3
Section 301. General Procedures.
(a) This Part provides an overview of the general procedures for

the application, submission, review and approval of proposed subdivision
plans or land development plans within Amity Township.
(b) All subdivision and land development plans within the

corporate limits of Amity Township shall be reviewed by the Amity Township
Planning Commission, the Berks County Planning Commission and other
Township, State and County officials as deemed necessary, and shall be
approved or disapproved by the Amity Township Board of Supervisors in
accordance with the procedures specified within this Part and within other
sections of this Chapter.
(c) For all proposed subdivision and land development plans,

except those exempted from standard procedures, a Sketch Plan, Preliminary
Plan, and Final Plan must be submitted to the Township for review and
approval. Those plans exempted from this standard procedure shall comply
with the procedures identified under Section 306 of this Chapter.
Section 302. Jurisdiction.
(a) The Board of Supervisors shall have jurisdiction of

subdivision and land development within the Township limits. In order to
assist the Board of Supervisors in its consideration of subdivisions and
land developments, the Board of Supervisors hereby decrees that the
Township Planning Commission shall serve the following functions:
(1) All plans proposing subdivision or land development,

upon submission to the Township, shall be referred to the Planning
Commission for review.
(2) The Planning Commission shall make recommendations to

the Board of Supervisors concerning approval, conditional approval
or disapproval of such plans.
(3) The Planning Commission shall also make recommendations

to the Board of Supervisors concerning the interpretation of this
Chapter and the Township Zoning Ordinance (see Chapter XXXII of the
Township Code of Ordinances).
(b) The Board of Supervisors shall consider the recommendations

offered by the Planning Commission prior to taking action on any proposed
subdivision or land development plan.
Section 303. Sketch Plan Application and Review.
(a) Sketch Plan Submission.
(1) A Sketch Plan shall be considered as an unofficial

submission to the Township for the purposes of informal review and
discussion between the applicant and the Township.
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(2) Although a Sketch Plan submission is not required,

applicants are strongly encouraged to consult with the Township
prior to formal application. For maximum usefulness, Sketch Plans
should contain the information specified in Section 401 of this
Chapter.
(b) Sketch Plan Review.
(1) The Planning Commission shall meet with the applicant

and informally discuss the conceptual suitability of the proposed
development, its relationship to existing streets and utilities, the
proposed arrangement and density of the development, and the
compatibility of the proposed plan with the Comprehensive Plan.
Such meeting may be part of the regular monthly meeting of the
Planning Commission or at a special public meeting.
(2) Based upon this meeting, the Planning Commission shall

approve, approve with certain conditions or disapprove the Sketch
Plan. If approved, the applicant may submit a Preliminary Plan to
the Township for review and comment. If disapproved by the Planning
Commission, the applicant should consider revising the Sketch Plan
prior to the submission of a Preliminary Plan.
Section 304. Preliminary Plan Application and Review.
(a) Preliminary Plan Submission.
(1) When filing for Preliminary Plan approval, the applicant

shall submit to the Township Code Enforcement Officer one (1)
complete copy of the proposed Plan and all data specified under
Section 402 of this Chapter at least seven (7) days prior to the
regularly scheduled monthly meeting of the Township Planning
Commission.
(2) The applicant shall submit ten (10) complete copies of

the proposed Preliminary Plan to the Township Planning Commission.
Submissions will be accepted for review by the Township only at the
Commission.
(3) All submissions shall be accompanied by the proper

application forms, letter(s) of transmittal and review fees as
determined by the Township.
(4) The applicant shall be responsible for submitting and

distributing the proposed Plan to the Township Engineer, the
Township Solicitor, the Township Zoning Officer, the Berks County
Planning Commission, the Berks County Soil Conservation District,
and all pertinent reviewing body or bodies, as specified by this
Chapter or required by law.
(5) No application shall be deemed filed and accepted for

review until all supplementary data, reports and studies as may be
required under Parts 4 and 5 of this Chapter have been received,
application fees have been fully paid, and any other requirements
for submission specified herein have been met.
(6) At the discretion of the Township, the applicant shall

submit and distribute the proposed Preliminary Plan to any of the
following agencies or authorities for review and comment:
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Pennsylvania Department of Environmental Protection

Pennsylvania Department of Transportation
Regional Water Authority/Company
Township Sewage Enforcement Officer
Township Parks and Recreation Board
Township Police Department
Regional Fire Company
Daniel Boone Area School District
(b) Preliminary Plan Review
(1) The Township Engineer and the Township Solicitor shall

review the Preliminary Plan to determine its conformance to the
Township Zoning Ordinance (see Chapter XXXII of the Township Code of
Ordinances) and this Chapter. The Township Engineer and the Township
Solicitor may recommend changes, alterations or modifications, as
they may deem necessary. The report of the Township Engineer and the
Township Solicitor shall be in writing and shall be submitted to the
Township Planning Commission prior to the regularly scheduled or
special meeting at which the Preliminary Plan is to be considered by
the Township Planning Commission.
(2) The Township Zoning Officer and Code Enforcement Officer

shall review the Preliminary Plan to determine its conformance to
the Township Zoning Ordinance (see Chapter XXXII of the Township
Code of Ordinances). The Zoning Officer and Code Enforcement Officer
shall check all zoning data to determine if the information shown on
the proposed Preliminary Plan is in accordance with the latest
amendments to the Zoning Ordinance (see Chapter XXXII of the
Township Code of Ordinances). The report from the Township Zoning
Officer and the Code Enforcement Officer shall be in writing and
shall be submitted to the Township Planning Commission prior to the
regularly scheduled or special meeting at which the Preliminary Plan
is to be considered by the Planning Commission.
(3) When a Preliminary Plan has been officially accepted for

review by the Township, the applicant shall forward two (2) complete
copies of the proposed Plan to the Berks County Planning Commission
for their review and comment. Failure of the Berks County Planning
Commission to act within thirty (30) days shall constitute a waiver
of their right to review the Plan as submitted and the Township may
officially act on the basis of such a waiver.
(4) When a Preliminary Plan has been officially accepted for

review by the Township, such Plan shall be reviewed by the Township
Planning Commission at its next regularly scheduled meeting, or at
the discretion of the Planning Commission, at a special meeting.
During the review of the Preliminary Plan, the Township Planning
Commission shall consider the written reports of the Township
Engineer, the Township Solicitor, the Township Zoning Officer, the
Township Code Enforcement Officer, the Berks County Planning
Commission and other designated agencies or authorities before
rendering its decision on the proposed Preliminary Plan.
(5) Upon completion of its review, the Planning Commission

shall promptly submit its recommendations to the Board of
Supervisors for their consideration. This recommendation shall be
forwarded to the Board of Supervisors within ninety (90) days from
the date the Preliminary Plan was officially accepted for review by
the Township.
(6) During the course of the Planning Commission’s review of

the Preliminary Plan and prior to any action by the Board of
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Supervisors within the required ninety (90) day period, the proposed
Preliminary Plan may be revised by the applicant. Upon the
submission of a revised Plan the applicant shall sign a statement
withdrawing any previously submitted Plans from consideration and a
new ninety (90) day time period for formal review and notification
shall commence from the date of submission of the revised Plan. The
revised Plans shall be submitted to the Planning Commission not
later than ten (10) working days prior to a regularly scheduled
meeting of the Planning Commission.
(c) Preliminary Plan Approval.
(1) Following the review of the Preliminary Plan and the

accompanying data by the Township Engineer, the Township Solicitor,
the Township Zoning Officer, the Township Code Enforcement Officer,
the Township Planning Commission, and the Berks County Planning
Commission, the Board of Supervisors shall approve, approve with
conditions, or reject the proposed Preliminary Plan. Conditions for
approval must be clearly stated in writing. If rejected, the
Township Board of Supervisors shall specify the reasons for
rejection, including citation of or reference to the pertinent
sections of this Chapter and/or any other Township ordinances.
(2) The decision of the Board of Supervisors shall be

rendered no later than ninety (90) days after the date of the
regular Planning Commission meeting next following the date upon
which the applicant has made a complete submission to the Township
Code Enforcement Officer. However, if the next regular meeting of
the Planning Commission is more than thirty (30) days after the
submission date, the first day of the ninety (90) day review period
shall commence on the thirtieth (30th) day after a complete
submission has been given by the applicant. This review period may
be extended by mutual agreement of the applicant and the Township.
(3) Approval or approval with conditions of a Preliminary

Plan shall not constitute approval of the Final Plan. Rather, it
shall be deemed an expression of approval of the layout shown on the
Preliminary Plan as a guide to the preparation of the Final Plan.
The Final Plan must also be reviewed and approved by the Township as
outlined under Section 305 of this Chapter.
Section 305. Final Plan Application and Review.
(a) Final Plan Submission.
(1) Within twelve (12) months of receiving approval or

approval with conditions of a Preliminary Plan, the applicant shall
submit to the Township Code Enforcement Officer one (1) complete
copy of the Final Plan and all supplementary data as required within
this Chapter at least seven (7) days prior to the regularly
scheduled monthly meeting of the Township Planning Commission.
(2) The applicant shall submit eight (8) complete copies of

the proposed Final Plan to the Township Planning Commission.
Submissions will be accepted for review by the Township only at the
Commission.
(3) All submissions shall be accompanied by the proper

application forms, letter(s) of transmittal and review fees as
determined by the Township.
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(4) The applicant shall be responsible for submitting and

distributing the proposed Plan to the Township Engineer, the
Township Solicitor, the Township Zoning Officer, the Berks County
Planning Commission, the Berks County Soil Conservation District and
all pertinent reviewing body or bodies, as specified by this Chapter
or required by law.
(5) No application shall be deemed filed and accepted for

review until any supplementary data, reports and studies as may be
required under Parts 4 through 7 of this Chapter (including
revisions required during the Preliminary Plan review) have been
received, application fees have been fully paid, and any other
requirements for submission specified herein have been met.
(6) At the discretion of the Township, additional copies of

the proposed Final Plan may be requested from the applicant for
review and comment.
(b) Final Plan Review
(1) The Township Engineer and the Township Solicitor shall

review the proposed Final Plan to determine its conformance to the
Ordinances) and this Chapter. The Township Engineer and the Township
Solicitor may recommend changes, alterations or modifications, as
they may deem necessary. The reports of the Township Engineer and
the Township Solicitor shall be in writing and shall be submitted to
the Township Planning Commission prior to the regularly scheduled or
special meeting at which the Final Plan is to be considered by the
Township Planning Commission.
(2) The Township Zoning Officer and the Code Enforcement

Officer shall review the Final Plan to determine its conformance to
the Township Zoning Ordinance (see Chapter XXXII of the Township
Code of Ordinances). The Zoning Officer and the Code Enforcement
Officer shall check all zoning data to determine if the information
shown on the proposed Final Plan is in accordance with the latest
amendments to the Zoning Ordinance (see Chapter XXXII of the
Township Code of Ordinances). The reports from the Township Zoning
Officer and the Code Enforcement Officer shall be in writing and
shall be submitted to the Township Planning Commission prior to the
scheduled meeting at which the Final Plan is to be considered by the
(3) If required by the Township, the applicant shall forward

two (2) complete copies of the proposed Final Plan to the Berks
County Planning Commission for their review and comment. Failure of
the Berks County Planning Commission to act within thirty (30) days
shall constitute a waiver of its right to review the Plan as
submitted and the Township may officially act on the basis of such a
waiver.
(4) When a Final Plan has been officially accepted for

review by the Township, such Plan shall be reviewed by the Township
Planning Commission at its next regularly scheduled meeting. During
the review of the Final Plan, the Township Planning Commission shall
consider the written reports of the Township Engineer, the Township
Solicitor, the Township Zoning Officer, the Township Code
Enforcement Officer, the Berks County Planning Commission and other
designated agencies or authorities before rendering its final
decision on the proposed Final Plan.
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(5) Upon completion of its review, the Planning Commission

shall promptly submit its recommendations to the Board of
Supervisors for its consideration. This recommendation shall be
forwarded to the Board of Supervisors within ninety (90) days from
the date the Final Plan was officially accepted for review by the
Township.
(6) During the course of the Planning Commission’s review of

the Final Plan and prior to any action by the Board of Supervisors
within the required ninety (90) day period, the proposed Final Plan
may be revised by the applicant. Upon the submission of a revised
plan the applicant shall sign a statement withdrawing any previously
submitted plans from consideration and a new ninety (90) day time
period for formal review and notification shall commence from the
date of submission of the revised plan. The revised plans shall be
submitted to the Planning Commission not later than ten (10) working
days prior to a regularly scheduled meeting of the Planning
Commission.
(c) Final Plan Approval.
(1) Following review of the proposed Final Plan and the

accompanying data by the Township Engineer, the Township Solicitor,
the Township Planning Commission, and the Berks County Planning
Commission, the Board of Supervisors shall approve, approve with
conditions, or reject the Final Plan.
(2) Any conditions for approval must be clearly stated in

writing. If the Plan is rejected, the Board of Supervisors shall
specify the reasons for rejection, including citation of or
reference to the pertinent sections of this Chapter and other
Township ordinances. Copies of the statement shall be forwarded to
the applicant and all concerned parties no more than fifteen (15)
days following the decision.
(3) The decision of the Board of Supervisors shall be

rendered no later than ninety (90) days after the date of the
regular Planning Commission meting next following the date upon
which the applicant has made a complete submission to the Township
Code Enforcement Officer. However, if the next regular meeting of
the Planning Commission is more than thirty (30) days after the
submission date, the first day of the ninety (90) day review period
shall commence on the thirtieth (30th) day after a complete
submission has been given by the applicant. This review period may
be extended by mutual agreement of the applicant and the Township.
(4) All pertinent agreements, contracts, fees and

contributions shall be satisfactorily completed and/or executed by
the applicant prior to municipal approval.
Section 306. Plans Exempted from Standard Procedures.
(a) Annexation Plans.
(1) Where the sole purpose of the proposed Plan is to annex

a lot or parcel to an adjacent lot or parcel, the applicant may
submit a Final Plan to the Township Planning Commission for review,
comment and approval.
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(2) The proposed Plan shall indicate that the purpose of the
Plan is for annexation purposes only. No new building lots are
proposed as a result of this Plan.
(3) The Final Plan shall be submitted and reviewed in

accordance with Sections 305 and 403 of this Chapter.
(b) Minor Subdivisions.
(1) Where the sole purpose of the proposed Plan is to create

two (2) and only two (2) parcels, lots or tracts of land from the
original tract of land, and has adequate frontage on an improved
public road, the applicant may submit a Final Plan to the Township
for review, comment and approval.
(2) The applicant shall express in writing that the property

in question has not been subdivided after September 16, 1966. The
proposed Plan shall reflect this statement and shall also indicate
that further subdivision of the tract will require a review of Plans
in accordance with the standard review procedures of this Chapter.
(3) The Final Plan shall be submitted and reviewed in

accordance with Sections 305 and 403 of this Chapter.
(c) Auction Sales.
(1) Where a property owner proposed to offer his land for

sale at auction in two (2) or more parts, the owner shall prepare
and submit a Preliminary Plan to the Township.
(2) The Preliminary Plan shall be prepared in accordance

with Sections 304 and 402 of this Chapter. In addition, the
Preliminary Plan shall contain the following notation:
“This property is intended to be sold by auction on or

about (Month - day - year), in whole or in part,
according to this Plan. Sale of lots at such auction
shall be in the form of agreement to purchase, and no
actual transfer of ownership or interest in such lots
shall proceed until a Final Plan has been approved by
Amity Township in accordance with these regulations.”
(3) The auction sale may then proceed in accordance with the
above notation, after which the subdivider shall prepare and submit
a Final Plan to the Township for review, comment and approval. The
Final Plan shall be prepared in accordance with Sections 305 and 403
of this Chapter.
(d) Revised Plan of Record. Any revision, replatting or

resubdivision of land which includes changes to a recorded Plan shall be
considered a subdivision and shall comply with all regulations within this
Chapter, except that:
(1) Lot lines may be changed from those on a recorded Plan,

provided that in making such changes:
(i) No lot or tract of land shall be created or sold

that is smaller than the minimum dimensions required by the
Township Zoning Ordinance (see Chapter XXXII of the Township
Code of Ordinances).
(ii) Easements or rights-of-way shall not be changed.
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(iii) Street locations and block sizes shall not be

changed.
(iv) No lot shall be created which does not abut an

existing or proposed street.
(v) Open space and recreational areas shall not be

reduced.
(2) In every case wherein lot lines are changed as permitted

above, the applicant shall:
(i) Prepare and submit a revised Plan of record to the

Township for review and approval. The Final Plan shall be
prepared in accordance with Sections 305 and 403 of this
Chapter.
(ii) The revised Plan of record shall specifically

identify the previous Plan of record superseded and shall also
contain the record references.
(iii) After the revised Plan of record has been approved

by the Township, the applicant shall then record the new plan
in accordance with this Chapter.
Section 307. Land Development Plans. Unless specifically stated within

this Chapter, a “land development plan” shall comply with the standard review
procedures of this Chapter.
Section 308. Application Fees. An applicant submitting a plan for

subdivision and/or land development shall tender the following fees made payable
to the Township of Amity at the time of application and plan submission:
(a) Residential.
(1) One (1) to twenty-five (25) dwelling units or lots: an

application fee of Two Hundred Fifty Dollars ($250.00) plus Twenty-
Five Dollars ($25.00) per dwelling unit or lot.
(2) Twenty-six (26) to seventy-five (75) dwelling units or

lots: an application fee of Three Hundred Fifty Dollars ($350.00)
plus Twenty Dollars ($20.00) per dwelling unit or lot.
(3) Seventy-six (76) to one hundred fifty (150) dwelling

units or lots: an application fee of Four Hundred Fifty Dollars
($450.00) plus Seventeen Dollars ($17.00) per dwelling unit or lot.
(4) One hundred fifty (150) plus dwelling units or lots: an

application fee of Five Hundred Fifty Dollars ($550.00) plus Fifteen
Dollars ($15.00) per dwelling unit or lot.
(b) Non-residential/Mixed Uses.
(1) Zero (0) to twenty-five thousand (25,000) gross square

feet of floor space: an application fee of One Thousand Dollars
($1,000.00) plus Twenty-Five Dollars ($25.00) per one thousand
(1,000) gross square feet of floor space.
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(2) Twenty-five thousand one (25,001) to fifty thousand

(50,000) gross square feet of floor space: an application fee of Two
Thousand Dollars ($2,000.00) plus Twenty Dollars ($20.00) per one
thousand (1,000) gross square feet of floor space.
(3) Fifty thousand one (50,001) to one hundred thousand

(100,000) gross square feet of floor space: an application fee of
Three Thousand Dollars ($3,000.00) plus Seventeen Dollars ($17.00)
per one thousand (1,000) gross square feet of floor space.
(4) One hundred thousand one (100,001) plus gross square

feet of floor space: an application fee of Four Thousand Dollars
($4,000.00) plus Fifteen Dollars ($15.00) per one thousand (1,000)
gross square feet of floor space.
(c) Any submission of revised plans will bear a Twenty-Five Dollar

($25.00) administrative fee.
(d) The applicant is also required to pay any review fees required
by the Berks County Planning Commission, the Berks County Conservation
Service, and any other reviewing authority or agency.
(e) The proposed application shall not be considered by the

Township until all pertinent fees are paid in full.
(f) If the expenses of the Township for reviews of a subdivision

or land development exceed the total fees that have been paid by the
applicant, such excess expenses shall be paid by the applicant prior to
the release of the Final Plan by the Township.
Section 309. Consultants Fees. The Board of Supervisors hereby directs

that review fees for consultants engaged by the Township to review, comment upon
or address such applications shall be chargeable to and payable by the applicant,
in addition to the aforesaid application fees, at such rates as are herein
established and having been determined that such rates are reasonable and in
accordance with the ordinary and customary charges by the municipal consultant
for similar service in the community and do not exceed the rate or cost charged
by the same when fees are not reimbursed or otherwise imposed on applicants, as
follows:
(a) Township Engineer: Fifty Dollars ($50.00) per hour.
(b) Township Surveyor: Seventy Dollars ($70.00) per hour.
(c) Township Solicitor: One Hundred Dollars ($100.00) per hour.
Section 310. Advanced Escrow Deposit of Consultants Fees. The applicant

shall, upon submission of the application, be required to tender, in accordance
with the following schedule, certain monies to be placed in an escrow fund to be
applied to satisfy professional and consultants fees and/or other costs incurred
by the Township in reviewing said plans:
(a) Residential Subdivision and/or Land Development.
Annexation $ 500.00
0-10 Lots $1,000.00 + $100.00/lot
11-50 Lots $1,500.00 + $100.00/lot
51 or more Lots $5,000.00 + $ 50.00/lot
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(b) Nonresidential.
Subdivision only: $1,000.00 + $200.00 per acre
Land Development: (Note: mfs is 1,000 square feet of floor

space)
No Buildings: $1,000.00 + $50.00 per acre
Up to 25,000 square feet of floor space: $3,000.00
25,001 to 50,000 square feet of floor space: $3,000.00
+ $100.00 per msf
50,001 to 100,000 square feet of floor space:
$4,000.00 + $100 per msf
100,001 square feet or more floor space: $5,000.00 +
$100 per msf
Said monies shall be placed in an escrow fund at the time of submission of said
plans and/or applications and shall be applied to fees as they are accrued and
billed to the Township. In the event that the actual cost for professional and
consultant review fees do not exhaust said escrow fund, the balance thereof shall
be refundable to the applicant. Said funds shall be maintained to insure
satisfaction of all such fees, and in the event that such escrow fund shall be
reduced by payment of such fees to an amount equal to or less than twenty percent
(20%) of the original escrow deposit, applicant shall post additional monies, as
may be directed by the Township, to renew such fund, which additional monies
shall be tendered and paid to the Township within ten (10) days of a written
request by the Township. In the event that applicant fails to post said
additional monies as directed by the Township, the review, comment or approval of
said plan shall be withheld until and unless applicant furnishes such additional
monies. Applicant shall retain all of the benefits and entitlements of review of
such fees in accordance with the terms of the Pennsylvania Municipalities
Planning Code now in effect, or as hereinafter amended.
Section 311. Modification of Fee Schedule by Resolution. The Board of

Supervisors hereby reserves the right and entitlement to revise, modify, adjust
or change the schedule of fees, costs or expenses as may be necessary from time
to time.
Section 312. Modifications.
(a) The provisions of this Chapter are intended as minimum

standards for the protection of the public health, safety, convenience and
general welfare of the residents of the Township. The Township may waive
or modify these provisions in individual cases as may be deemed necessary
in the public interest, provided that such modification shall not have the
effect of nullifying the purpose and intent of this Chapter.
(b) If the literal compliance with any mandatory provision of this

Chapter is shown by the applicant to be unreasonable and causes undue
hardship to his property, the Township may grant a waiver of such
mandatory provision.
(c) The applicant shall submit a written waiver request to the

Planning Commission for review and comment. The waiver request shall
reference the applicable section of this Chapter and indicate the reason
or purpose for such a request. The Planning Commission shall provide a
recommendation to the Board of Supervisors for each waiver requested by
the applicant. The Board of Supervisors shall consider all waiver requests
at a regularly scheduled meeting.
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(d) The list of such modifications shall be entered in the minutes

of the Township Planning Commission and/or Board of Supervisors. In
addition, the waiver shall be clearly identified on the proposed Plan.
Section 313. Improvements and Contributions.
(a) All conditions, standards and provisions pertaining to the

guarantee and/or the installation of all required improvements have been
included under Part 6 of this Chapter.
(b) All conditions and provisions pertaining to developer

contributions have been included under Part 7 of this Chapter.
Section 314. Approval and Recording of Plans.
(a) After the completion of the procedures required within this

Chapter, the Township Planning Commission shall place its endorsement on
at least five (5) copies of the Plan which is to be recorded. The Plans
shall be dated and signed by at least a majority of the members on the
Planning Commission.
(b) After the completion of the procedures required within this

Chapter, the Board of Supervisors shall place its endorsement on at least
five (5) copies of the Plan which is to be recorded. The Plans shall be
dated, sealed and signed by at least a majority of the Township
Supervisors.
(c) No changes, erasures, modifications or revisions shall be made

to any Subdivision or Land Development Plan after the Plan has been
endorsed by the Township, unless the Plan has been resubmitted to the
Township for review as required within this Chapter.
(d) After the Plan has been properly endorsed by the Township, the
applicant shall submit the Plans to the Berks County Planning Commission
for their endorsement. No Plan may be legally recorded unless it has been
properly endorsed by the Township and the Berks County Planning
Commission.
(e) After the Plan has been properly endorsed by the Township and
the Berks County Planning Commission, the applicant shall record the Plans
with the Berks County Recorder of Deeds within ninety (90) days of the
date the Plan was endorsed by the Township. If the applicant fails to
record the Plan within said ninety (90) day time period, the action of the
Township will become null and void.
(f) After the Plan has been recorded, the applicant shall provide
the Township with one (1) certified copy of the recorded Plan.
Section 315. Appeals. Decisions of the Board of Supervisors may be

appealed in accordance with the Pennsylvania Municipalities Planning Code (Act
247, as amended).
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LAB AMITY CODE 13404-10 07/06/16 #C57648-03
Section 316. Public Inspection of Plans.
(a) All plans submitted to the Township shall be available for

public inspection during normal business hours. Requests by any member of
the public to view plans outside of the Township Municipal Building shall
be denied, except as stated below. Citizens may request any developer for
a copy of a proposed plan.
(b) All plans submitted to the Township for review in accordance

with the Township Zoning Ordinance (see Chapter XXXII of the Township Code
of Ordinances) and this Chapter shall be made available for copying
provided that the citizen so requesting pays a fee equal to the costs of
copying and all related costs of the Township in arranging for the copying
(i.e. personnel’s hourly rate, mileage allowance, courier fees, etc.).
(c) Additionally, citizens may request the use of a Township

office copy for personal copying themselves provided that a deposit equal
to the cost of copying as determined by the Township Manager plus a fee of
Ten Dollars ($10.00) (to cover incidental costs) is deposited with the
Township. This deposit shall be returned provided that the plan is
returned in the exact condition that it was originally loaned. The time of
loaning the plan for copying shall not exceed twenty-four (24) hours or
the entire deposit shall be forfeited. All fees must be paid prior to
copying.
(d) Developers, by applying for subdivision, land development,

zoning, planned residential development, cluster use or any other type of
application, hereby waive any and all rights as they relate to copying and
distribution of plan copy issues.
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Part 4
Plan Requirements
Section 401. Sketch Plans. When a Sketch Plan is submitted to the

Township, the scale and sheet size shall conform to the requirements for
Preliminary Plans. The Sketch Plan shall contain at least the following data,
legibly drawn to scale, but not necessarily showing precise dimensions:
(a) Tract boundaries, accurately labeled.
(b) Total acreage of the tract.
(c) North arrow.
(d) Written and graphic scales.
(e) Significant topographical and physical features.
(f) Proposed general street and lot layout.
Section 402. Preliminary Plans. A Preliminary Plan application will not

be considered complete unless all provisions specified under Subsection 304(a)
have been completed. In addition, the Preliminary Plan shall be prepared in
accordance with the standards and requirements specified within this Section.
(a) Drafting Standards. Preliminary Plans shall be prepared as

follows:
(1) The Preliminary Plan shall be clearly and legibly drawn

to a scale of one inch (1") equals fifty feet (50'), except that if
the average size of the proposed lots in the subdivision is five (5)
acres or larger, the Plan may be drawn to a scale of one inch (1")
equals one hundred feet (100').
(2) The original drawing, and all submitted prints thereof,

shall be made on sheets no smaller than twenty-four inches by
thirty-six inches (24" x 36") and no larger than thirty-six inches
by forty-eight inches (36" x 48").
(3) If the Preliminary Plan requires more than one sheet, a

key diagram showing relative location of the several sections shall
be drawn on each sheet.
(4) Where the Preliminary Plan shows the proposed

subdivision of only a part of the subdivider’s total property, a
sketch shall be required, showing the prospective street system in
the remainder of the property so that the street system in the
submitted portion may be considered in relation to connections with
the unsubmitted portion. To prevent undue hardship in the case of
extremely large properties, the Planning Commission may, based on
existing natural or man-made features, limit the area for which a
prospective street system shall be sketched.
(b) General Information. The following general information shall

be required on all Preliminary Plans:
(1) Name or identifying title of the proposed subdivision or

land development.
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LAB AMITY CODE 13404-10 07/06/16 #C57648-03
(2) North point, graphic scale, written scale, and date,

including the month, day and year that the original drawing was
completed, and the month, day and year that the original drawing was
revised, for each revision.
(3) A key map, for the purpose of locating the property

being subdivided, drawn at a scale of one inch (1") equals eight
hundred feet (800') and showing the relations of the property,
differentiated by tone or pattern, to adjoining properties and to
all streets, roads, municipal boundaries and recorded subdivision
plans existing within one thousand feet (1,000') of any part of the
property. In addition, the name and approximate distance to the
closest recognized city, town or village, or the approximate
distance to the nearest existing street, shall be shown and a title,
scale and north point shall be indicated.
(4) Name and address of record owner, equitable owner and

subdivider.
(5) Name and address of the registered engineer, surveyor,

architect or planner responsible for the Plan.
(6) Names of all adjoining record owners, with the deed book
volume and page number.
(7) Names of all adjoining subdivisions, if any, with the

Plan book and page numbers where recorded.
(8) Total tract boundaries of the property being subdivided

or developed, showing bearings and distances.
(9) A statement of total acreage of the property and the

area being subdivided or developed.
(10) Zoning data, including all of the following which are

applicable:
(i) Existing zoning district designations,

requirements, use and bulk regulations, and any zoning
district boundary lines traversing the proposed subdivision.
(ii) Any changes in the existing zoning including any

variances, conditional uses or special exceptions that have
been granted.
(iii) Any changes in the existing zoning proposed to be

requested by the subdivider.
(c) Existing Features. The following existing features shall be

depicted on the Preliminary Plan:
(1) Contour lines determined by acceptable surveying

practices at vertical intervals of at least two feet (2') for land
with average natural slope of four percent (4%), or less, and at
intervals of at least five feet (5') for land with average natural
slope exceeding four percent (4%).
(2) Location and elevations of the datum to which contour

elevations refer; where reasonably practicable, datum used shall be
a known, established bench mark.
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LAB AMITY CODE 13404-10 07/06/16 #C57648-03
(3) All existing streets, including streets of record

(recorded but not constructed), on or abutting the tract, including
names, right-of-way widths, cartway (pavement) widths, and
approximate road grades.
(4) All existing buildings or other structures located

within the proposed development.
(5) All existing man-made features within the proposed

development and within fifty feet (50') of the proposed development.
This may include, but not be limited to, sanitary sewer facilities,
on-lot sewage facilities, water supply facilities, wells, fire
hydrants, utility transmission lines, storm water management
facilities, culverts, bridges and railroad lines. Where applicable,
the size, type, material and invert elevations shall also be
identified on the Plan.
(6) All existing natural features within the proposed

This may include, but not be limited to, water courses, flood plain
areas, natural drainage patterns, soil types and descriptions,
delineated wetlands, hydric soils, high water table soils, tree
masses, steep slopes, sinkholes and rock out-crops.
(7) The location, size and ownership of all existing

utilities and utility rights-of-way within the proposed development.
A statement of any conditions governing their ownership and use
shall be included on the Plan.
(8) The location, dimensions and ownership of all access

rights-of-way or easements within the proposed development. A
statement of any conditions governing their ownership and use shall
be included on the Plan.
(d) Proposed Layout. The following design information shall be

identified on the Preliminary Plan:
(1) Location, dimensions and functional classification of

all proposed streets and rights-of-way, with a statement of any
conditions governing their ownership and use.
(2) Suggested street names.
(3) Location and dimensions of all proposed easements and

rights-of-way, with a statement of any conditions governing their
ownership and use.
(4) Locations, layout, dimensions and areas of all existing

and proposed lots within the development.
(5) The minimum building setback lines for each lot within
the development. This shall include the front, side, rear and
reverse setbacks.
(6) A statement of the intended use of all lots and parcels

within the development.
(7) Lot numbers and a statement of the total number of lots

and parcels being developed. The residue parcel shall be included as
a separate lot, not intended for development.
(8) The location and elevation of all existing and proposed

street monuments.
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LAB AMITY CODE 13404-10 07/06/16 #C57648-03
(9) The location of all existing and proposed property

markers.
(10) The location of proposed sanitary sewage facilities,

with a statement of any conditions governing the ownership,
operation and maintenance of the proposed facilities and their
relationship to existing facilities.
(11) The location of proposed water supply facilities, with a

statement of any conditions governing the ownership, operation and
maintenance of the proposed facilities and their relationship to
existing facilities.
(12) The location and arrangement of proposed storm water

management facilities, with a statement of any conditions governing
the ownership, operation and maintenance of the proposed facilities
and their relationship to existing facilities.
(13) Parks, playgrounds and other areas dedicated or reserved

for public use, with a statement of any conditions governing their
ownership, operation, maintenance and use.
(14) Where on-lot sewage disposal is proposed, the location

of the probe and percolation test sites shall be shown on the Plan.
The results of such tests shall be submitted to the Township for
review.
(e) Supporting Information. The Preliminary Plan shall be

accompanied by the following supplementary data:
(1) Typical street cross-section drawing(s) for all proposed

streets.
(2) Tentative profiles along the centerline of each proposed

street shown on the Preliminary Plan. Such profiles shall show at
least the following information, properly labeled:
(i) Existing (natural) and proposed finished grades

along the centerline and at the right-of-way line for both
sides of each proposed street.
(ii) The length of all vertical curves.
(iii) Existing and proposed storm sewer mains, manholes,

inlets and culverts.
(iv) Existing and proposed sanitary sewer mains and

manholes.
(v) All profiles shall show pipe crossings, storm

sewers, sanitary sewers, water mains and any other underground
utility crossings.
(vi) Profiles shall extend to points of connection with

existing lines.
(vii) Proposed water distribution system and all

appurtenances (if applicable).
(3) The profile sheets shall be drawn at one of the

following sets of scales:
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LAB AMITY CODE 13404-10 07/06/16 #C57648-03
One inch (1") equals ten feet (10') horizontal, and one inch
(1") equals one foot (1') vertical; or
One inch (1") equals twenty feet (20') horizontal, and one
inch (1") equals two feet (2') vertical; or
One inch (1") equals forty feet (40') horizontal, and one inch
(1") equals four feet (4') vertical; or
One inch (1") equals fifty feet (50') horizontal, and one inch
(1") equals five feet (5') vertical.
(4) A Storm Water Management Plan shall be prepared in

accordance with Section 511 of this Chapter.
(5) A Sediment and Erosion Control Plan shall be prepared in

(6) Preliminary designs of any bridges or culverts which may

be required. Such designs shall meet all applicable requirements of
this Chapter, the Pennsylvania Department of Environmental
Protection and/or the Pennsylvania Department of Transportation.
(7) The Pennsylvania Department of Transportation shall

review all Plans when access is proposed onto a state road or when
encroachment is proposed within a state right-of-way. All applicable
permits shall be approved by the Pennsylvania Department of
Transportation prior to Preliminary Plan approval. The Highway
Occupancy Permit Number shall be noted on the Plan.
(8) Eight (8) completed copies of Planning Modules for land

development, as required by the Pennsylvania Department of
Environmental Protection.
(9) Schematic exterior architectural drawings of proposed

townhouses, apartment buildings and non-residential buildings.
(10) A landscaping plan when required by and in accordance

with Section 517.
January 18, 2005, Section 1; as further amended by Ordinance 217, September 6,
2005, Section 3)
Section 403. Final Plans. A Final Plan application will not be considered
complete unless all provisions specified under Subsection 305(a) have been
completed. In addition, the Final Plan shall be prepared in accordance with the
standards and requirements specified within this Section.
(a) Drafting Standards. Final Plans shall be prepared as follows:
(1) The Final Plan shall be clearly and legibly drawn to a

scale of one inch (1") equals fifty feet (50'), except that, if the
average size of the proposed lots in the subdivision is five (5)
acres or larger, the Plan may be drawn to a scale of one inch (1")
equals one hundred feet (100').
(2) The original drawing, and all submitted prints thereof,

shall be made on sheets no smaller than twenty-four inches by
thirty-six inches (24" x 36") and no larger than thirty-six inches
by forty-eight inches (36" x 48").
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LAB AMITY CODE 13404-10 07/06/16 #C57648-03
(3) If the Final Plan requires more than one sheet, a key
diagram showing relative location of the several sections shall be
drawn on each sheet.
(4) Where the Final Plan shows the proposed subdivision of

only a part of the subdivider’s total property, a sketch shall be
required, showing the prospective street system in the remainder of
the property so that the street system in the submitted potion may
be considered in relation to connections with the unsubmitted
portion. To prevent undue hardship in the case of extremely large
properties, the Planning Commission may, based on existing natural
or man-made features, limit the area for which a prospective street
system shall be sketched.
(5) Upon Final Plan approval by the Township and recording

of the Plan by the Developer, three (3) sets of plans in a digital
form satisfactory to the Township shall be distributed to the
Township for its records, its Engineer’s records and its Solicitor’s
records.
(b) General Information. The following general information shall

be required on all Final Plans:
(1) Name or identifying title of the proposed subdivision or

land development.
(2) North point, graphic scale, written scale and date,

including the month, day and year that the original drawing was
completed, and the month, day and year that the original drawing was
revised, for each revision.
(3) A key map, for the purpose of locating the property

being subdivided, drawn at a scale of one inch (1") equals eight
hundred feet (800') and showing the relation of the property,
differentiated by tone or pattern, to adjoining properties and to
all streets, roads, municipal boundaries and recorded subdivision
plans existing within one thousand feet (1,000') of any part of the
property. In addition, the name and approximate distance to the
closest recognized city, town or village, or the approximate
distance to the nearest existing street, shall be shown and a title,
scale and north point shall be indicated.
(4) Name and address of record owner, equitable owner and

subdivider.
(5) Name and address of the registered engineer, surveyor,

architect or planner responsible for the Plan.
(6) Names of all adjoining record owners, with the deed book
volume and page Number.
(7) Names of all adjoining subdivisions, if any, with the

Plan book and page numbers where recorded.
(8) Total tract boundaries of the property being subdivided

or developed with accurate distance to hundredths of a foot and
bearings to one-quarter (1/4) of a minute. These boundaries shall be
determined by accurate survey in the field, which shall be balanced
and close with an error of closure not to exceed one foot (1') in
ten thousand feet (10,000'); provided, however, that the boundary
adjoining additional unplatted land of the subdivider (for example,
between separately submitted Final Plan sections) is not required to
be based upon field survey, and may be calculated. The location and
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LAB AMITY CODE 13404-10 07/06/16 #C57648-03
elevation of all boundary line (perimeter) monuments shall be

indicated, along with a statement of the total area of the property
being subdivided. In addition, the engineer or surveyor shall
certify to the accuracy of the survey, the drawn plan and the
placement of the monuments.
(9) A statement of total acreage of the property and the

area being subdivided or developed.
(10) Zoning data including all of the following which are

applicable:
(i) Existing zoning district designations,

requirements, use and bulk regulations, and any zoning
district boundary lines traversing the proposed subdivision.
(ii) Any changes in the existing zoning including any

variances, conditional uses or special exceptions that have
been granted.
(iii) Any changes in the existing zoning proposed to be

requested by the subdivider.
(11) A “Certification of Ownership, Acknowledgment of Plan

and Offer of Dedication” shall be provided on the Plan and shall be
duly acknowledged and signed by the owner or owners of the property
before an officer authorized to take acknowledgment of deeds. A
sample certification note has been included within Section 802
(Appendix B) of this Chapter.
(12) A “Certification of Accuracy” shall be provided on the

Plan and shall be duly acknowledged, signed and sealed by the
professional engineer, surveyor, architect or landscape architect
responsible for preparing the Plan. A sample certification note has
been included within Section 802 (Appendix B) of this Chapter.
(13) Certificates for municipal endorsement of the Plan by

the Township Planning Commission and the Board of Supervisors.
Sample endorsement notes have been included within Section 802
(Appendix B) of this Chapter.
(14) A blank space measuring three and one-half inches by

five inches (3-1/2" x 5") shall be left, preferably adjacent to the
Township certification, in which the endorsement stamp of the Berks
County Planning Commission may be applied.
(15) A blank space measuring three inches (3") square shall

be left along the lower edge of the Plan, in order that the Berks
County Recorder of Deeds may acknowledge receipt and recording of
the Plan when it is presented.
(c) Existing Features. The following existing features shall be

depicted on the Final Plan:
(1) Contour lines determined by acceptable surveying

practices at vertical intervals of at least two feet (2') for land
with average natural slope of four percent (4%) or less, and at
intervals of at least five feet (5') for land with average natural
slope exceeding four percent (4%).
(2) Location and elevation of the datum to which contour

elevations refer; where reasonably practicable, datum used shall be
a known established bench mark.
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(3) All existing streets, including streets of record

(recorded but not constructed), on or abutting the tract, including
names, rights-of-way widths, cartway (pavement) widths, and
approximate road grades.
(4) All existing buildings or other structures located

within the proposed development.
(5) All existing man-made features within the proposed

This may include. but not be limited to, sanitary sewer facilities,
on-lot sewage facilities, water supply facilities, wells, fire
hydrants, utility transmission lines, storm water management
facilities, culverts, bridges and railroad lines. Where applicable,
the size, type, material and invert elevations shall also be
identified on the Plan.
(6) All existing natural features within the proposed

This may include, but not be limited to, water courses, flood plain
areas, natural drainage patterns, soil types and descriptions,
delineated wetlands, hydric soils, high water table soils, tree
masses, steep slopes, sinkholes and rock out-crops.
(7) The location, size and ownership of all existing

utilities and utility rights-of-way within the proposed development.
(8) The precise location, dimensions and ownership of all

access rights-of-way or easements within the proposed development.
(d) Proposed Layout. The following design information shall be

identified on the Final Plan:
(1) Location, dimensions, and functional classification of

all proposed streets and rights-of-way, with a statement of any
conditions governing their ownership and use.
(2) Suggested street names.
(3) Location and dimensions of all proposed easements and

rights-of-way, with a statement of any conditions governing their
ownership and use.
(4) Location, layout, dimensions and areas of all existing

and proposed lots within the development. All dimensions, arc length
and curve radii shall be shown and defined to the nearest one-
hundredth (0.01) foot. Bearings or deflection angles at changes in
direction of line as well as central angles of all curves shall be
shown to the nearest fifteen (15) seconds.
(5) The minimum building setback lines for each lot within
the development. This shall include the front, side, rear and
reverse setbacks.
(6) A statement of the intended use of all lots and parcels

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(7) Lot numbers and a statement of the total number of lots

and parcels being developed. The residue parcel shall be included as
a separate lot, not intended for development.
(8) The location and elevation of all existing and proposed

street monuments.
(9) The location of all existing and proposed property

markers.
(10) The location of proposed sanitary sewage facilities,

with a statement of any conditions governing the ownership,
operation and maintenance of the proposed facilities and their
relationship to existing facilities.
(11) The location of proposed water supply facilities, with a

statement of any conditions governing the ownership, operation and
maintenance of the proposed facilities and their relationship to
existing facilities.
(12) The location and arrangement of proposed storm water

management facilities, with a statement of any conditions governing
the ownership, operation and maintenance of the proposed facilities
and their relationship to existing facilities.
(13) Parks, playgrounds and other areas dedicated or reserved

for public use, with a statement of any conditions governing their
ownership, operation, maintenance and use.
(14) Where on-lot sewage disposal is proposed, the location

of the probe and percolation test sites shall be shown on the Plan.
The results of such tests shall be submitted to the Township for
review.
(e) Supplemental Information. The Final Plan shall be accompanied

by the following supplementary data:
(1) Typical street cross-section drawing(s) for all proposed

streets.
(2) Profiles along the centerline of each proposed street

shown on the Final Plan. Such profiles shall show at least the
following information, properly labeled:
(i) Existing (natural) and proposed finished grades

along the centerline and at the right-of-way line for both
sides of each proposed street.
(ii) The length of all vertical curves.
(iii) Existing and proposed storm sewer mains, manholes,

inlets and culverts.
(iv) Existing and proposed sanitary sewer mains and

manholes.
(v) All profiles shall show pipe crossings, storm

sewers, sanitary sewers, water mains, and any other
underground utility crossings.
(vi) Profiles shall extend to points of connection with

existing lines.
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(vii) Proposed water distribution system and all

appurtenances (if applicable).
(3) The profile sheets shall be drawn at one of the

following sets of scales:
One inch (1") equals ten feet (10') horizontal, and one inch
(1") equals one foot (1') vertical; or
One inch (1") equals twenty feet (20') horizontal, and one
inch (1") equals two feet (2') vertical; or
One inch (1") equals forty feet (40') horizontal, and one inch
(1") equals four feet (4') vertical; or
One inch (1") equals fifty feet (50') horizontal, and one inch
(1") equals five feet (5') vertical.
(4) A Storm Water Management Plan shall be prepared in

(5) A Sediment and Erosion Control Plan shall be prepared in

accordance with Section 512 of this Chapter. The Sediment and
Erosion Control Plan must be approved by the Berks County
Conservation District prior to municipal approval.
(6) Final designs of any bridges or culverts which may be

required. Such designs shall meet all applicable requirements of
this Chapter, the Pennsylvania Department of Environmental
Protection and/or the Pennsylvania Department of Transportation.
All such designs shall be approved by the appropriate agency or
authority prior to municipal approval.
(7) The Pennsylvania Department of Transportation shall

review all Plans when access is proposed onto a state road or when
encroachment is proposed within a state right-of-way. All applicable
permits shall be approved by the Pennsylvania Department of
Transportation prior to Preliminary Plan approval. The Highway
Occupancy Permit Number shall be noted on the Plan.
(8) All conditions, standards and provisions pertaining to

the guarantee and/or the installation of all required improvements
has been included under Part 6 of this Chapter. If required, an
improvements agreement shall be properly executed between the
Township and the developer prior to municipal approval.
(9) All conditions and provisions pertaining to developer

contributions has been included under Part 7 of this Chapter. All
pertinent agreements shall be properly executed between the Township
and the developer prior to municipal approval.
(10) When required, the Pennsylvania Department of

Environmental Protection shall review the appropriate Planning
Modules for Land Development. The appropriate Planning Modules must
be approved by the Pennsylvania Department of Environmental
Protection prior to municipal approval.
(11) The proposed Plan shall include a statement by the owner

dedicating streets, public rights-of-way, and any other sites for
public use. All offers of dedication, and covenants governing the
reservation and maintenance of undedicated open space, shall be
acceptable to the Township.
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(12) Schematic exterior architectural drawings of proposed

townhouses, apartment buildings and non-residential buildings.
(13) A landscaping plan when required by and in accordance

with Section 517.
January 18, 2005, Section 2; as further amended by Ordinance 217, September 6,
2005, Section 4; as further amended by Ordinance 235, April 17, 2007, Section 3)
Section 404. As-Built/Improvements Plan. Upon the completion of all

improvements required under Part 5 (Design Standards and Required Improvements)
of this Chapter, the applicant or developer shall supply the Township with a set
of plans for the entire tract showing all lot lines as deeded and all surface
improvements and subsurface improvements as actually constructed. The plans shall
be prepared at the same scale as the approved Final Plan. The plans will also be
submitted on a CD in an electronic format compatible with Township’s GIS
software. Sanitary sewer facilities shall be mapped using GPS/GIS with this
information being submitted to the Township.
The As-Built/Improvements Plan shall contain the information and

requirements specified under Section 805 (Appendix E) of this Chapter. The
applicant/developer shall submit the As-Built/Improvements Plan to the Township
for review and approval prior to the acceptance of any municipal improvements
April 26, 1999, Section 3; further amended by Ordinance 274, October 5, 2011,
Section 1)
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Part 5
Section 501. Application and General Standards.
(a) The design standards and required improvements contained

within this Part 5 are intended as the minimum for the promotion of the
public health, safety and general welfare, and shall be applied as such by
the Township Planning Commission and the Board of Supervisors in reviewing
all subdivision and land development plans.
(b) Whenever other Township regulations impose more restrictive

standards, specifications and requirements than those contained herein,
such other regulations shall prevail.
(c) Where, in the opinion of the Planning Commission, the literal

application of these design standards and/or required improvements would,
in certain cases, cause undue hardship and/or is clearly unreasonable, the
Planning Commission may recommend such reasonable exceptions. All such
exceptions shall be consistent with the purposes of this Chapter and the
established goals, objectives and policies of the Township Comprehensive
Plan and the Township Zoning Ordinance (see Chapter XXXII of the Township
Code of Ordinances). The Board of Supervisors shall have the power to
grant such exceptions, as recommended by the Planning Commission, upon
written request by the applicant.
(d) The design standards and required improvements identified

within this Section of this Chapter may be modified by the Township in the
case of plans for complete communities, neighborhood units or other large
scale developments which, in the judgment of the Planning Commission,
achieve substantially the objectives of these regulations and which are
further protected by such covenants or other legal provisions as will
assure conformity to and achievement of the subdivision or land
development plan.
(e) Land subject to hazards of life, health or property, such as

may arise from fire, floods, disease or other causes, shall not be
subdivided or developed unless such hazards have been eliminated or unless
the subdivision or land development plan shall show adequate safeguards
against them, which shall be approved by the appropriate regulatory
agencies.
(f) Subdivision and land development plans shall give due

recognition to the Township Comprehensive Plan and the Zoning Ordinance
(see Chapter XXXII of the Township Code of Ordinances) or to such parts
thereof as may have been adopted pursuant to statute.
(g) The transportation system of a proposed subdivision or land

development shall be planned and designed with consideration to nearby
developments or neighborhoods in order to minimize traffic hazards and
congestion.
(h) All proposed subdivisions and land developments shall be

reviewed to assure that all such applications are consistent with the need
to minimize flood damage. Adequate drainage facilities shall be provided
to minimize or reduce exposure to flood hazards.
(i) Approval of Plans and the specifications provided within this

Section shall be of equal force and effect. In the case of any discrepancy
between the Plans and these specifications, the decision of the Township
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or its authorized representative shall be final and conclusive as to which

is preferred.
(j) All required improvements shall be installed by the developer

in accordance with Part 5 and Part 6 of this Chapter and with Article V of
the Pennsylvania Municipalities Planning Code (Act 247, as amended).
Section 502. Street Design.
(a) General Standards.
(1) The location, arrangement, extent, grade and width of

all streets shall conform to the Township Comprehensive Plan and/or
to all other “official transportation plans”, or such parts thereof,
as may have been adopted by the Township and/or the County.
(2) All proposed subdivisions or land developments shall

have adequate access to the public street system of the Township.
(3) The proposed street system shall extend existing or

recorded streets at the same width as the existing or recorded
streets, but in no case at less than the required minimum width
identified under Subsection 502(b) of this Chapter.
(4) Where, in the opinion of the Planning Commission, it is

desirable to provide for street access to an adjoining property,
street stubs shall be extended to the boundary of such property.
The street stub shall meet the width requirements for a cul-de-sac
street. The developer of the tract shall properly grade the street
stub and provide an eight inch (8") stone base. The street stub or
right-of-way shall be granted as an easement to the Township.
(5) If required by the Planning Commission, new minor

streets shall be designed and located to facilitate through traffic.
In addition, the applicant shall give consideration to the
extension and continuation of collector streets into and from
adjoining properties.
(6) Where a proposed subdivision or land development is of

sufficient size to warrant an interior circulation system, a clear
hierarchy of streets shall be designed and established.
(7) Where subdivision abuts an existing street of improper

width, grade or alignment, the Township Planning Commission may
require the dedication of land sufficient to widen the existing
street or correct the improper grade or alignment.
(8) Proposed streets shall be logically adjusted to the

topographic conditions of the site so as to produce reasonable
grades, proper drainage, sufficient erosion control and suitable
building sites.
(9) Proposed streets shall be laid out to avoid

environmentally sensitive areas such as flood plains, wetlands,
sinkholes and steep slopes.
(10) Where possible, proposed streets should be oriented in a

general east-west direction to provide the opportunity for solar
utilization and to maximize south facing slopes.
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(11) Whenever a tract to be subdivided or developed

encroaches upon the legal right-of-way of a state highway, a Highway
Occupancy Permit issued by the Pennsylvania Department of
Transportation shall be required.
(12) Whenever a tract to be subdivided or developed abuts or

contains an arterial or a major collector street, the Township
Planning Commission may require restriction of access to the street
by one or more of the following methods:
(i) Provision of reverse frontage lots; or
(ii) Provision of service streets along the rear of the

abutting lots, together with prohibition of private driveways
intersecting the arterial or major collector streets; or
(iii) Provision of marginal access streets, provided

that the reverse strips establishing such marginal access
streets shall be definitely placed within the jurisdiction of
the Township under an executed agreement meeting the approval
of the Township; or
(iv) Provision of an internal street system on which

the proposed lots would have proper frontage and access; or
(v) The restriction of ingress and egress involving

left-hand turns onto or off of the arterial or major collector
street.
(13) Private streets (streets not to be offered for

dedication) are prohibited, unless they meet the design standards of
these regulations and are constructed to Township specifications.
(14) Dead-end streets are prohibited, unless designed and

constructed as cul-de-sac streets.
(15) New half or partial streets shall be prohibited.
(16) Whenever a tract to be subdivided or developed borders

on an existing half or partial street, the other part of the street
shall be platted within such tract.
(17) Service streets (alleys) are prohibited in developments

containing single-family dwelling units, except where required to
avoid direct access onto an arterial street.
(18) Service streets (alleys) may be permitted in

developments containing multi-family dwelling units (townhouses and
apartments) and non-residential land uses, provided that the service
street is not the primary access point to the development. Where
permitted, the service street shall have a minimum paved width of
twenty-four feet (24').
(19) The developer of any residential land development or

subdivision involving fifteen (15) or more dwelling units shall
contact the Daniel Boone Area School District prior to Preliminary
Plan approval to establish an acceptable, safe and convenient
location for a school bus stop.
(20) Residential developments containing twenty (20) or more

dwelling units shall provide and design an internal street system
with a minimum of two (2) separate points for ingress and egress.
The proposed points of ingress and egress shall be designed to meet
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the standards which are specified for street intersections

(Subsection 502(f)) of this Chapter.
(21) Residential developments containing fifty (50) or more

dwelling units shall provide a minimum of one (1) internal street
designed as a collector street. The proposed street which is to be
designed as a collector street shall be subject to the approval by
the Township.
(22) The Township may require non-residential developments to

provide and design an internal collector street system with two (2)
separate points for ingress and egress.
(23) The Township may require restriction of access to a

public street by one or more of the following methods:
(i) Provision of reverse frontage lots; or
(ii) Provision of service or marginal access streets

along the rear of the abutting lots, together with prohibition
of private driveways intersecting the arterial or major
collector streets; or
(iii) Provision of service or marginal access streets,

provided that the reverse strips establishing such marginal
access streets shall be definitely placed under an executed
agreement meeting the approval of the Township, in a manner
enforceable by or subject to Township control; or
(iv) Provision of an internal street system on which

the proposed lots would have proper frontage and access; or
(v) The restriction of ingress and egress involving

lefthand turns onto or off of an arterial or collector street.
(b) Street Widths.
(1) Minimum street rights-of-way and cartway widths shall

conform to the Township Comprehensive Plan and/or to all other
“official transportation plans”, or such parts thereof, as may have
been adopted by the Township, the County and/or the State. If not
shown on such plans, the required right-of-way and cartway widths
shall be as follows:
Required Widths
Street Type Right-Of-Way Cartway
Minor Street 50 Feet 33 Feet

Collector Street 60 Feet 36 Feet
Arterial Street 100 Feet *
Cul-de-Sac Street 50 Feet 33 Feet
Marginal Access Street 50 Feet 33 Feet
* As required by the Pennsylvania Department of Transportation

or the County of Berks.
(2) Additional right-of-way and cartway widths may be

required by the Board of Supervisors or the Planning Commission for
the purpose of promoting the public safety and convenience, or to
provide parking in commercial and industrial areas and in areas of
high density residential development.
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(3) Where a subdivision or land development abuts or

contains an existing street of inadequate right-of-way width and/or
cartway width, additional right-of-way and/or cartway width shall be
dedicated and/or constructed to conform with the standards of this
Chapter.
(4) Where a subdivision or land development abuts or

contains an existing street of inadequate horizontal and/or vertical
alignment, the Planning Commission may require additional right-of-
way width or cartway width in order to improve public safety.
(c) Street Grades.
(1) There shall be a minimum center line grade of one

percent (1%).
(2) Center line grades shall not exceed the following:
Street Type Maximum Grade
Minor Street 10 Percent

Collector Street 8 Percent
Arterial Street 6 Percent
Cul-de-Sac Street 10 Percent
Marginal Access Street 10 Percent
(3) All approaches to an intersection shall have a leveling

area not exceeding five percent (5%) in grade for a distance of one
hundred feet (100'), as measured from the centerline of the
intersecting street.
(d) Horizontal Curves
(1) Whenever street lines are deflected in excess of two

degrees (2°), connection shall be made by horizontal curves.
(2) To ensure adequate sight distance, minimum center line

radii for horizontal curves shall be as follows:
Minor Street 150 Feet

Collector Street 300 Feet
Arterial Street 500 Feet
(3) A tangent of no less than one hundred feet (100'), as

measured along the street centerline, shall be provided between all
horizontal curves on all streets.
(4) To the greatest extent possible, combinations of the

minimum radius and maximum grade shall be avoided.
(e) Vertical Curves.
(1) At all changes in street grades where the algebraic

difference in grade exceeds one percent (1%), vertical curves shall
be provided to permit the following minimum sight distances:
Minor Streets 200 Feet

Collector Streets 300 Feet
Arterial Streets 400 Feet
(2) Additional sight distances may be required by the

Township Engineer in order to overcome obstacles such as, but not
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limited to, street grades, horizontal street alignment, functional

speed limit, existing land uses and proposed land development.
(f) Intersections.
(1) The center lines of streets shall intersect at right

angles unless existing conditions dictate otherwise. No street shall
intersect another street at an angle of less than seventy-five
degrees (75°).
(2) No more than two (2) streets shall intersect at the same
point.
(3) Minor streets intersecting one another shall either

intersect directly opposite to each other or shall be separated by
at least one hundred fifty feet (150') between center lines,
measured along the center line of the street being intersected.
(4) Intersections with collector or arterial streets shall

be located not less than one thousand feet (1,000') apart, measured
from center line to center line, along the center line of the
collector or arterial street.
(5) Street curb intersections shall be rounded by a

tangential arc with a minimum radius of:
Twenty feet (20') for intersections involving only minor

streets;
Thirty feet (30') for all intersections involving a collector

street;
Forty feet (40') for all intersections involving an arterial

street.
(6) Street right-of-way lines shall be parallel to

(concentric with) curb arcs at intersections.
(7) Clear sight triangles shall be provided at all street

intersections. Within such triangles, nothing, except street signs,
traffic lights or signs, utility poles and mailboxes, which impedes
vision between a height of three feet (3’) and then feet (10’) above
the centerline grades of the intersecting streets shall be erected,
placed, planted or allowed to grow. Such triangles shall be one
hundred fifty feet (150') measured in each direction along the
through street from the point of the intersection of the street
centerlines and from a point forty feet (40') behind the right-of-
way of the intersecting street from the stop controlled street.
Wherever a portion of the clear sight triangle occurs behind the
building setback line, such portion shall be shown on the
subdivision plan, and shall be considered a building setback line.
(8) All proposed intersections shall have sufficient

horizontal sight distance in order to provide a safe and convenient
point of ingress and egress. Horizontal sight distances shall be
measured in each direction from a point three and one-half feet
(3.5') above the centerline of the road surface to a point three and
one-half feet (3.5') above the centerline of the road surface. The
minimum horizontal sight distances shall be based on the functional
classification, speed limit and grade of the intersecting street,
utilizing the latest standards of the American Association of State
Highway and Transportation Officials (AASHTO).
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(g) Cul-de-Sac Streets.
(1) Cul-de-sac streets may be permitted if the physical

development conditions and/or the tract configuration of the site
limits the design options for a “through street” or a “loop street”.
(2) Dead-end streets are prohibited unless designed as cul-

de-sac streets or designed for future access to adjoining
properties.
(3) Any street dead-ended for access to an adjoining

property or because of authorized stage development shall be
provided with a temporary, all-weather turnaround, within the
subdivision, and the use of such turnaround shall be guaranteed to
the public until such time as the street is extended.
(4) Cul-de-sac streets, permanently designed as such shall

not exceed one thousand feet (1,000') in length and shall not
furnish access to more than twenty (20) dwelling units.
(5) Cul-de-sac streets, permanently designed as such shall

have a minimum length of two hundred fifty feet (250') measured from
the edge of the cartway of an intersecting street to the center of
the bulb of the cul-de-sac.
(6) Unless future extension is impractical or undesirable,

the turnaround right-of-way shall be extended to the adjacent tract
with sufficient width provided along the boundary line to permit the
extension of the street at full width. The cost for the transition
improvements converting from temporary to permanent facilities
within and adjacent to the cul-de-sac bulb shall be placed and
retained in escrow until such transition is completed and/or
constructed. These improvements include, but are not limited to,
vertical curbs, sidewalks, drainage facilities, cartway alterations,
grading, landscaping and other on-site improvements which are
required to make the vertical and horizontal transition between
properties.
(7) The center line grade on a cul-de-sac street shall not

exceed ten percent (10%), and the grade of the diameter of the
turnaround shall not exceed five percent (5%).
(8) All cul-de-sac streets, whether permanently or

temporarily designed as such, shall be provided at the closed end
with a fully paved turnaround, having a minimum radius of fifty feet
(50'). The right-of-way shall have a minimum radius of sixty feet
(60').
(9) The Governing Body, upon the recommendation of the

Planning Commission and the Township Engineer, may permit acceptable
alternative turn-around designs.
(10) Drainage of cul-de-sac streets shall preferably be

toward the open end. If drainage is toward the closed end, water
shall be conducted away in an underground storm sewer or other means
April 26, 1999; as further amended by Ordinance 214, July 5, 2005, Section 1)
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Section 503. Street Construction and Improvement Standards.
(a) All proposed streets shall be graded, improved and surfaced to

the grades and dimensions on the approved plans, profiles and cross-
sections.
(b) All proposed streets shall be constructed in accordance with

all applicable standards that are specified within this Chapter. A summary
of the minimum street construction standards has been included as part of
Section 803 (Appendix C) of this Chapter.
(c) Additional right-of-way and cartway widths, beyond what is

required within this Chapter, may be required by the Planning Commission
in order to control traffic patterns, to lessen traffic congestion, to
facilitate the adequate provision for future community or transportation
improvements, and/or when clearly in the interest of the public health,
safety or general welfare.
(d) Where a subdivision or land development abuts or contains an

existing street of inadequate right-of-way width, additional right-of-way
shall be dedicated to conform to the standards of this Chapter. Where a
subdivision or land development abuts or contains an existing street of
inadequate cartway width, additional cartway width shall be constructed to
conform with the standards of this Chapter.
(e) Where a subdivision or land development abuts or contains an

existing street of inadequate horizontal and/or vertical alignment, the
Planning Commission may require adjustments in order to improve public
safety.
(f) The ultimate right-of-way of an existing or a proposed street

shall be properly graded. Such grading shall be done to a maximum side
slope of one foot (1') vertical to three feet (3') horizontal. All trees,
stumps and other material deemed unsuitable by the Township Engineer shall
be removed. All disturbed areas shall be suitably stabilized for
sedimentation control. In no case shall the required grading extend onto
an adjoining property, unless the adjoining property owner grants the
applicant permission to do so.
(g) All storm drainage facilities located within the ultimate

right-of-way shall be designed and constructed in accordance with Section
511 (Storm Water Management) and Section 512 (Sedimentation and Erosion
Control) of this Chapter.
(h) Where required by the Planning Commission or the Pennsylvania

Department of Transportation (PennDOT), guide rails shall be installed by
the developer. All materials used shall be in strict conformance with the
latest specifications of the Pennsylvania Department of Transportation.
(i) Section 505 of this Chapter includes additional requirements

pertaining to traffic impact studies, fees and improvements. The cost of
all required traffic studies and/or improvements shall be incurred by the
developer.
(j) In the event an existing street is excavated for repair and/or

improvement to storm water management facilities, sanitary sewer
facilities, water supply facilities or any utility, the existing street
shall be properly restored in accordance with the requirements specified
under the Amity Township Street Cut Ordinance (see Chapter XXVI of the
Township Code of Ordinances), as amended. These requirements include, but
are not limited to, standard specifications for trenching, backfilling,
compacting and paving restoration. Where the Amity Township Street Cut
Ordinance (see Chapter XXVI of the Township Code of Ordinances) does not
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apply, the Township Engineer shall require a restoration measure as

specified under Township Ordinance 94-143 (see Chapter XXIII of the
Township Code of Ordinances), as amended. If required by the Township, an
escrow shall be established for the cost of the improvements and/or
inspection fees.
Section 504. Street Names and Signs.
(a) All proposed street names shall be subject to the approval of

the Township and the Postmaster having jurisdiction.
(b) Proposed streets which are obvious extensions of existing

streets shall bear the same name as the existing street.
(c) In no case shall the name of a proposed street duplicate an

existing street name in the Township and/or in the same postal
district(s), irrespective of the use of the suffix street, road, avenue,
boulevard, drive, way, place, court or lane.
(d) All street signs, including but not limited to traffic control
signs, street signs and directional signs, shall be acquired and installed
by the applicant. All signs must be high intensity grade signs fabricated
by a PennDOT approved sign manufacturer. Where traffic control signs are
required, the applicant shall furnish to the Township all studies,
engineering reports and documentation for procuring approval by the
Pennsylvania Department of Transportation.
April 26, 1999, Section 7; as amended by Ordinance 198, August 5, 2003,
Section 1; as further amended by Ordinance 208, January 18, 2005, Section 3)
Section 505. Traffic Impact Analysis.
(a) Traffic Impact Studies.
(1) When a proposed subdivision or land development

generates five hundred (500) or more trips per day, the applicant
shall submit a traffic impact study to the Township for review and
comment. The applicant shall utilize the transportation data and
criteria that is specified within the Trip Generation Report
(current edition, or as amended), published by the Institute of
Transportation Engineers (ITE).
(2) The traffic impact study will enable the Township to

assess the impact of a proposed development on the transportation
system. The purpose of the study is to ensure that the proposed
development does not adversely affect the transportation network and
to identify any traffic problems associated with access from the
site onto the exiting roads. The study shall also identity solutions
to potential traffic problems and shall present improvements that
are to be incorporated into the proposed development.
(3) The traffic impact study shall contain a complete

description of the proposed internal and existing transportation
system. The study shall describe the external roadway system within
one-half (0.5) mile along the adjacent roadway in both directions
from all access points or to a major intersection along these
roadways. Major intersections in the study area shall be identified
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and delineated. All future transportation improvements which are

part of proposed roadway improvements, which are part of proposed
surrounding developments shall be identified and included in the
calculations.
(4) Existing traffic conditions shall be measured and

documented for all roadways and intersections within the study area.
Existing traffic volumes for average daily traffic, peak highway
hour(s) traffic, and peak development-generated hours(s) traffic
shall be recorded. Manual traffic counts at major intersections in
the study area shall be conducted, encompassing the peak highway and
development-generated hour(s), and documentation shall be included
within the report. A volume-capacity and delay analysis based upon
existing volumes shall be performed during the peak highway hour(s)
and the peak development-generated hour(s) for all roadways and
major intersections within the study area. Levels of service shall
be determined for each location.
(5) The analysis will determine the adequacy of the existing

roadway system to serve the current and projected traffic demand.
Roadways and/or intersections experiencing levels of Service D, E or
F, as described in Highway Capacity Manual, Special Report 209, as
amended, shall be noted as congested locations.
(6) Calculation of vehicular trips to result from the

proposed development shall be completed for the average daily peak
highway hour(s). Vehicular trip generation rates to be used for this
calculation shall be obtained from the Trip Generation Report
(current edition or as amended), published by the Institute of
Transportation Engineers (ITE). These development-generated traffic
volumes shall be provided for the inbound and outbound traffic
movements. These generated volumes shall be distributed to the study
area and assigned to the existing roadways and intersections through
the study area.
(7) All anticipated turning movements shall be calculated.

Documentation of all assumptions used in the distribution and
assignment phase shall be provided. Traffic volumes shall be
assigned to individual access points. Any characteristics of the
site that will cause particular trip generation problems shall be
noted.
(8) The total future traffic demand shall be calculated and

included within the study. The total traffic demand shall consist of
the combination of existing traffic expanded to the completion year,
which is estimated to be five percent (5%) per year, the proposed
use or development generated traffic, and the traffic generated by
other proposed developments in the study area. A second
volume/capacity and delay analysis shall be conducted using the
total future demand and the future roadway capacity. If staging of
the proposed development is anticipated, calculation for each stage
of completion shall be made. This analysis shall be performed during
the peak highway hour(s) and peak development-generated hour(s) for
all roadways and major intersections within the study area. Volume-
capacity and delay calculations shall be completed for all major
intersections. The procedures described in the Highway Capacity
Manual, Special Report 209, as amended, and as outlined in the
PennDOT Design Manual, Volume 2, or as amended, shall be followed.
(9) The levels of service for all roadways and intersections

shall be listed. All roadways and/or intersections showing a level
of service, D, E or F and volume/capacity ratios equal to or greater
than 1.0 shall be considered deficient. The study shall conclude
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with a list of specific recommendations for the elimination of these

traffic problems. This listing of recommended improvements shall
include, but not be limited to, internal circulation design, site
access location and design, external roadway and intersection design
and improvements, traffic signal installation and operation
(including timing), and transit design improvements. All physical
roadway improvements shall be depicted within the study. Signal
timing should be evaluated for any intersection with a level of
service D, E or F, but a volume capacity ratio of less than 1.0.
Warrants for signalization shall be examined for any unsignalized
intersections with levels of service E or F.
(b) Required Impact Fees.
(1) Pursuant to the procedures and requirements of the

Pennsylvania Impact Fee Law (Act 209 of 1990, as amended), the Board
of Supervisors have prepared and enacted a Roadway Sufficiency
Analysis and Capital Improvements Program through Township Ordinance
No. 91-132, as amended (see Chapter XVI of the Township Code of
Ordinances).
(2) The applicant shall consult the Township regarding

impact fees which may be required as a result of the proposed
subdivision or land development.
(3) If impact fees are required, the applicant shall comply

with the established procedures specified within the Amity Township
Impact Fee Ordinance, as amended (see Chapter XVI of the Township
Code of Ordinances).
(c) Required On-Site Improvements.
(1) On-site traffic improvements may be required by the

Township in order to control traffic patterns, to lessen traffic
congestion, to facilitate the adequate provision for future
community or transportation improvements, and/or when clearly in the
interest of the public health, safety, or general welfare.
(2) On-site traffic improvements may include, but are not

limited to, cartway widening, right-of-way dedication, shoulder
stabilization, vertical or horizontal curve realignment, grading
and/or traffic control devices.
(3) The applicant shall consult the Township regarding on-

site traffic improvements which may be required as a result of the
proposed subdivision or land development.
(4) The cost of all required traffic studies and/or

improvements shall be incurred by the applicant.
Section 506. Blocks, Lots and Parcels.
(a) Blocks.
(1) The length, width and shape of blocks shall be

determined with due regard to zoning requirements, topographic
conditions, environmentally sensitive lands, and requirements for
safe and convenient vehicular and pedestrian circulation.
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(2) Blocks shall have a maximum length of one thousand six

hundred feet (1,600') and a minimum length of five hundred feet
(500').
(3) In the design of blocks longer than one thousand feet

(1,000') special consideration shall be given to the requirements of
satisfactory fire protection.
(4) Residential blocks shall be of sufficient depth to

accommodate two (2) tiers of lots, except where reverse frontage
lots are required along a major collector or arterial street, or
where prevented by physical site conditions.
(5) Blocks in non-residential areas may vary from the design

criteria indicated above if the applicant demonstrates that the
alternative design is essential to the proposed development. In all
cases, however, adequate provisions shall be made for off-street
parking, loading areas and traffic circulation.
(b) Lots and Parcels.
(1) The size, shape and orientation of proposed lots shall

be appropriate for the type of development and use contemplated.
(2) Lots shall conform to the applicable minimum lot sizes,

lot widths and setback requirements as set forth in the Township
Zoning Ordinance (see Chapter XXXII of the Township Code of
Ordinances).
(3) Side lot lines shall be at right angles to street line

tangents or radial to street line curves.
(4) The depth to width ratio of a residential lot shall not

be less than one to one (1 to 1) or greater than three to one (3 to
1).
(5) The depth to width ratio of lots designated for non-

residential land development shall be adequate for the land use
proposed and sufficient to provide satisfactory space for on-site
parking, loading and unloading, setbacks, buffer yards and
landscaping.
(6) Where feasible, lot lines shall follow municipal

boundaries rather than cross them, in order to avoid jurisdictional
problems.
(7) Where feasible, lots shall be orientated and sited to

take advantage of solar energy.
(8) Double or reverse frontage lots shall be avoided except

as needed to avoid direct vehicular access onto an arterial or major
collector street by individual driveways, or to overcome physical
site conditions. All permitted residential reverse frontage lots
shall have frontage onto a minor or minor collector street. The rear
yard setback shall be established seventy-five feet (75') from the
ultimate right-of-way line of the arterial or major collector
street. Between the rear yard setback and the ultimate right-of-way
line, a ten feet (10') wide low intensity buffer screen and easement
shall be established in order to prohibit vehicular access onto the
arterial or major collector street, all in accordance with Section
517 of this Chapter. The easement shall contain evergreen plantings
meeting the standards of Section 517 of this Chapter.
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(9) Lots which have double or reverse frontages shall

provide a four feet (4') high vinyl rail fence to secure and buffer
the lots from the adjacent street to which it has reverse frontage.
The proposed location of the fence shall be located between the
ultimate right-of-way and the seventy-five feet (75') rear yard
setback. The fence shall be extended along the entire property line
in which double or reverse frontage lots are proposed by the
developer. The location and type of fence and landscaping materials
to be utilized shall be subject to the approval of the Township.
(10) Lots which have double or reverse frontages may contain

accessory buildings and/or structures within the rear yard provided
they are in compliance with the setback requirements as measured
from the seventy-five feet (75') rear yard setback or from the four
feet (4') high fence as required under this Section. The type,
location and placement of all such accessory buildings and/or
structures shall be subject to the approval of the Township Zoning
Officer.
April 26, 1999, Section 8; as further amended by Ordinance 217, September 6,
2005, Section 5)
Section 507. Curbs, Sidewalks and Pathways.
(a) Curbs.
(1) Vertical curbs shall be installed along both sides of

all proposed streets, except where Zoning District regulations
require the minimum lot width to be two hundred feet (200') or more.
(2) Where in the interest to control drainage or traffic

patterns, the Planning Commission may require the developer to
install vertical curbs along an existing or exterior street on which
a residential subdivision or land development abuts.
(3) Vertical curbs shall be installed in common parking

areas for multi-family developments and non-residential
developments.
(4) Vertical curbs shall be constructed and installed by the

developer in accordance with the standards specified under Section
804 (Appendix D) of this Chapter.
(5) Where vertical curbs are not required, a graded and

stabilized shoulder of at least four feet (4') in width shall be
provided on both sides of the street. The stabilized shoulder shall
be designed and constructed in accordance with the standards
specified under Section 804 (Appendix D) of this Chapter.
(6) Curb cuts for driveways and handicap ramps shall be

located and installed in accordance with the standards specified
under Section 804 (Appendix D) of this Chapter.
(7) Where required by the Township Engineer, a six inch (6")

compacted stone base shall be provided under the vertical curb.
(b) Sidewalks and Pathways.
(1) Sidewalks shall be installed along both sides of the

cartway in all proposed residential subdivisions and land
developments when the gross residential density is greater than two
(2) dwelling units per acre or when Zoning District regulations
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permit the gross residential density to exceed two (2) dwelling

units per acre.
(2) Sidewalks shall be installed along one side of the

cartway in all proposed residential subdivisions and land
developments when the gross residential density is greater than one
(1) dwelling unit per acre but less than two (2) dwelling units per
acre or when Zoning District regulations permit the gross
residential density to exceed one (1) dwelling unit per acre.
(3) A concrete or macadam pedestrian pathway shall be

installed along one side of the cartway in all proposed residential
subdivisions (except where the lot width exceeds two hundred feet
(200')) and land developments when the gross residential density is
less than one (1) dwelling unit per acre or when Zoning District
regulations do not permit the gross residential density to exceed
one (1) dwelling unit per acre. The pedestrian pathway shall be at
least three feet (3') in width.
(4) Where in the interest of public safety, the Planning

Commission may require the developer to install sidewalks or a
pedestrian pathway along an existing or exterior street on which a
residential subdivision or land development abuts.
(5) Where in the interest of public safety, the Planning

Commission may require the developer of a proposed non-residential
development to install sidewalks or a pedestrian pathway along the
interior and/or exterior streets of the development.
(6) Sidewalks shall be constructed and installed by the

developer in accordance with the standards specified under Section
804 (Appendix D) of this Chapter.
(7) Crosswalks may be required whenever necessary to

facilitate pedestrian circulation and to give access to community
facilities.
(8) Handicap ramps shall be located and installed in

accordance with the standards specified by the Americans with
Disabilities Act, as amended, and under Section 804 (Appendix D) of
this Chapter.
April 26, 1999, Sections 9-12)
Section 508. Monuments and Markers.
(a) Concrete monuments shall be accurately placed at the ultimate

street right-of-way line for all property corners, at all other property
corners, at each street intersection, at the beginning and end of all
street curves, and at locations deemed necessary by the Township Engineer.
(b) All concrete monuments shall be thirty inches (30") in length

and have a flat top at least four inches (4") in diameter or square with
the bottom sides being two inches (2") greater. All concrete monuments
shall contain a copper or brass dowel (plug).
(c) All concrete monuments shall be placed in the ground after

final grading is completed or at a time specified by the Township
Engineer. The monuments shall be set on four inches (4") of stone and
shall be flush with the surface of the ground.
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(d) Markers shall consist of a metal reinforced pin at least

thirty-six inches (36") in length and three-fourths inch (3/4") in
diameter. All existing markers shall be encased in concrete with four
inches (4") of the marker exposed on the surface and painted orange.
(e) All monuments and markers shall be accurately set by a

registered professional engineer or land surveyor.
Section 509. Driveways.
(a) No driveways shall be located, designed and constructed so as

to create a drainage or sedimentation problem on an adjacent property or
street. All driveways shall be so constructed and maintained that the
materials of which the driveways are made will not wash nor be deposited
upon public roads.
(b) Driveways serving single-family residential dwelling units

shall have a minimum width of ten feet (10') and a maximum width of
thirty-six feet (36'). All such driveways shall not exceed fourteen
percent (14%) in grade. Driveways exceeding seven percent (7%) in grade
shall be paved.
(c) No residential property shall have more than one (1) vehicular
access point to a public road. In order to reduce the number of curb cuts
along a given road, the Planning Commission may permit adjoining or common
driveways.
(d) Driveways serving multi-family residential dwelling units and

non-residential developments shall have a minimum width of twelve feet
(12') for one-way traffic and a minimum width of twenty-four feet (24')
for two-way traffic. All such driveways shall not exceed ten percent (10%)
in grade and shall be paved.
(e) For all driveways, the area between the edge of the cartway
and the ultimate right-of-way line shall not exceed five percent (5%) in
grade and shall be paved.
(f) All driveways shall be located, designed and constructed as to

provide optimum sight distance at their intersection with the street.
(g) Clear sight triangles shall be provided at all proposed

driveway intersections. The minimum distance of such triangles shall be
fifty feet (50') measured in each direction from the point of the
intersection of the center lines and from a point twenty feet (20') behind
the edge of the cartway of the intersecting street. Within such triangles,
no vision-obstructing object shall be permitted which exceeds a height of
thirty inches (30") above the elevation of the intersecting streets.
(h) All proposed driveway intersections shall have sufficient

horizontal sight distance in order to provide a safe and convenient point
of ingress and egress. Horizontal sight distances shall be measured in
each direction from the edge of the cartway at a point three and one-half
feet (3.5') above the road surface to a point three and one-half feet
(3.5') above the center line of the road surface. The minimum horizontal
sight distances shall be based on the functional classification, speed
limit and grade of the intersection street, utilizing the latest standards
of the Commonwealth of Pennsylvania, Pennsylvania Code 67 Transportation,
Chapter 441, as amended.
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(i) Driveway entrances shall intersect streets at right angles

unless the existing conditions of the site dictate otherwise. No driveway
shall intersect a street at an angle less than seventy-five degrees (75°).
(j) Driveways shall not be located within fifty feet (50') from
the point of intersection of the nearest street right-of-way lines.
(k) In order to provide a safe and convenient point of ingress and

egress, driveway entrances should be rounded with a minimum radius of five
feet (5').
(l) All proposed driveways and related improvements shall be

located, designed and constructed in order to control storm water run-off,
prevent sedimentation of public roads, maintain the structural stability
of public roads, maintain the existing drainage patterns of the area and
prevent undue traffic hazards.
(m) The intersection of all proposed driveways with the cartway

edge shall be designed and constructed by use of either a drainage swale
or pipe, as determined by the Township Engineer. If a drainage swale is to
be utilized, it shall slope from the cartway at a minimum grade of five
percent (5%) for a minimum of eight feet (8') from the cartway edge. If a
drainage pipe is to be utilized, the size of the pipe shall be determined
by drainage computations using a ten (10) year storm frequency. All
drainage pipes shall have a minimum diameter of fifteen inches (15").
(n) If required by the Planning Commission, the developer shall

prepare a typical cross-section for each driveway located within the
subdivision or land development. The profiles should demonstrate how
problems associated with slope and drainage are to be overcome.
(o) The Pennsylvania Department of Transportation shall review all

Plans when access is proposed onto a state road or when encroachment is
proposed within a state right-of-way. All applicable permits shall be
approved by the Pennsylvania Department of Transportation prior to
Preliminary Plan approval. The Highway Occupancy Permit number shall be
noted on the Plan.
(p) A Township Occupancy Permit is required when access is

proposed onto a Township road or when encroachment is proposed within a
Township right-of-way.
(q) All driveways shall be maintained by the property owner in

such a manner so as not to interfere with the functional design and
location of the driveway.
(r) Section 925 of the Township Zoning Ordinance (see Chapter

XXXII of the Township Code of Ordinances) provides additional standards
and specifications for proposed driveways.
(s) All driveways serving single family residential homes or

single family semi-detached dwellings or townhouses must be contained
within the four (4) corners of the lot for the residence that it is
serving. At no time may a driveway cross over, traverse or encroach upon
another lot for purposes of servicing the residential dwelling to which it
is attached.
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Section 510. Off-Street Parking and Loading Areas.
(a) All proposed off-street parking and loading areas shall be

located, designed and constructed so as not to create a drainage or
sedimentation problem on an adjacent property or street.
(b) Parking areas accommodating fifty (50) vehicles or more shall

be designed with an internal collector road which shall access no parking
space directly, but shall shuttle vehicular traffic from the parking lot
aisles to the public road.
(c) Where required by the Planning Commission, parking areas shall

be designed to include a pedestrian circulation system to enhance safety
and minimize conflicts between pedestrians and vehicles.
(d) Parking areas shall be designed such that parked vehicles

shall not interfere with pedestrian and emergency access to the buildings.
(e) Developments containing dead-end parking areas shall provide

adequate areas into which emergency vehicles (fire and ambulance) can
safely maneuver. It shall be the developers’ responsibility to contact
the regional fire company and ambulance association to determine if the
proposed design presents an emergency access problem. The developer shall
provide a letter of endorsement prior to municipal approval.
(f) If required by the Township and/or Pennsylvania Department of

Transportation, the interconnection of parking areas of adjoining
properties may be required for access management.
(g) Section 923 of the Township Zoning Ordinance (see Chapter

and specifications for off-street loading areas.
(h) Section 924 of the Township Zoning Ordinance (see Chapter

and specifications for off-street parking facilities.
(i) In addition to the requirements specified under this Section,

the following design standards shall apply to off-street parking areas in
which the number of required spaces exceeds ten (10):
(1) Landscape standards for off-street parking and loading

areas are contained at Section 517 of this Chapter.
(2) The edge of the parking area shall not be located closer
than fifteen feet (15') to the outside of the nearest building.
This area shall be reserved to be utilized for sidewalks and
foundation plantings.
(3) Concrete tire bumpers shall be installed so as to

prevent vehicle overhang on any sidewalk area and/or planting strip.
(4) The location and number of handicap spaces shall be

provided as required by federal, state or local law. All proposed
handicap ramps shall be located and installed in accordance with the
standards specified by the Americans with Disabilities Act, as
amended, and under Section 804 (Appendix D) of this Chapter.
2005, Section 6)
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Section 511. Stormwater Management. See Chapter XXV entitled “Stormwater

Management of the Township of Amity Code of Ordinances.
April 26, 1999, Sections 14-18; as further amended by Ordinance 189, June 3,
2002, Section 1; as further amended by Ordinance 198, August 5, 2003, Section 2;
as further amended by Ordinance 214, July 5, 2005, Section 2)
Section 512. Sedimentation and Erosion Control.
(a) General Provisions and Compliance.
(1) No changes shall be made to the contour of the land, and

no grading, excavating, removal or destruction of the topsoil, trees
or other vegetative cover of the land shall be commenced, until such
time as a plan for minimizing erosion and sedimentation has been
processed and reviewed by the Planning Commission, the Berks County
Conservation District and the Board of Supervisors.
(2) Approval of the Board of Supervisors of all preliminary

and/or final plans of subdivision and land development does not
relieve the developer’s obligation to execute the erosion and
sediment control measures as contained in this Chapter.
(3) When required, final approval of plans and

specifications by the County Conservation District for the control
of erosion and sedimentation shall be concurrent with the approval
of subdivision or land development, and become a part thereof.
Final plans for minimizing erosion and sedimentation as approved
will be incorporated in the agreement and development escrow
requirements as required by the Township.
(4) At the time a building permit is applied for, a review

shall be conducted by the Township Engineer to insure conformance
with the plan as approved. During construction, further consultative
technical assistance will be furnished, if necessary, by the Berks
County Conservation District. During the development phase, the
Township Engineer, the Township Code Enforcement Officer and/or the
Soil Conservation Service representative shall inspect the
development site and enforce compliance with the approved erosion
and sediment control plans.
(5) Topsoil shall not be stripped from any site within the
Township unless it is directly affiliated with the subdivision
and/or development of land. Unless permitted by the Board of
Supervisors, topsoil shall not be removed from any site within the
Township.
(b) General Performance Standards.
(1) Measures used to control erosion and reduce

sedimentation shall, as a minimum, meet the standards and
specifications of the Berks County Conservation District. In cases
where the Berks County Conservation District does not have standards
and specifications for erosion and sedimentation control, other
known and commonly accepted standards and specifications may be used
as approved by the Township Engineer.
(2) The following measures to minimize erosion and

sedimentation shall be included where applicable in the control
plan:
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(i) Stripping of vegetation, regrading or other

development shall be done in a way that will minimize erosion.
(ii) Development plans shall preserve salient natural

features, keep cut and fill operations to a minimum, and
ensure conformity with topography so as to create the least
erosion potential and adequately control volume and velocity
of surface water runoff.
(iii) Whenever feasible, natural vegetation shall be

retained, protected and supplemented.
(iv) The disturbed areas and the duration of exposure

shall be kept to a practical minimum, but shall not exceed
twenty (20) days. Areas disturbed between October 15 and April
15 shall be stabilized by placement of sod or other means
(v) Temporary vegetation and/or mulching shall be used

to protect all exposed areas during development.
(vi) The permanent (final) vegetation and mechanical

erosion control and drainage system shall be installed as soon
as practical in the development.
(vii) Provisions shall be made to accommodate

effectively the increased runoff caused by changed soil and
surface conditions during and after development within the
site. Where necessary, the rate of surface water runoff shall
be mechanically retarded.
(viii) Sediment in the runoff water shall be trapped

until the disturbed area is stabilized by the use of debris
basins, sediment basins, silt traps or similar measures.
(c) Site Grading for Erosion Control. In order to provide more

suitable sites for building and other uses, improve surface drainage and
control erosion, the following requirements identified below shall be met.
(1) All lots, tracts or parcels shall be graded to provide

proper drainage away from buildings and dispose of it without
ponding. All land within a development shall be graded to drain and
dispose of surface water without ponding, except where ponding
(detention basins, etc.) is part of the storm water management plan
for the site.
(2) Concentration of surface water runoff shall be permitted

only in swales, watercourses or detention basins. Subject to the
approval of the Township Engineer, swales shall be sodded, utilize
jute matting, or other similar measures to insure establishment of
ground cover.
(3) Grading shall in no case be done in such a way as to

increase storm water runoff onto the property of another landowner.
(4) During grading operations, necessary measures for dust

control must be exercised.
(5) Grading equipment will not be allowed to cross streams.

Provisions shall be made for the installation of temporary culverts
and bridges.
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(6) Tire cleaning areas at least one hundred feet (100') in

length shall be provided and maintained at each point of access to
the development site. The tires of all vehicles leaving the site
shall be properly cleaned before entering onto any road within the
Township.
(d) Excavation and Fills.
(1) No excavations shall be made with a cut face or side

slope steeper than three (3) horizontal to one (1) vertical, except
under one or both of the following conditions:
(i) The material in which excavation is made is

sufficiently stable to sustain a slope of steeper than three
(3) horizontal to one (1) vertical. A written statement to
that effect from an engineer licensed by the Commonwealth of
Pennsylvania and experienced in erosion control shall be
submitted to the Township Engineer for review and approval.
The statement shall affirm that the site has been inspected
and the deviation from the slope will not result in injury to
persons or damage to property.
(ii) A concrete, masonry or other approved retaining

wall constructed in accordance with appropriate standards is
provided to support the face of the excavation.
(2) Edges of slopes shall be a minimum of five feet (5')

from property lines or right-of-way lines of streets in order to
permit the normal rounding of the edge without encroaching on the
abutting property.
(3) Adequate provisions shall be made to prevent surface

water from damaging the cut face of excavations and the sloping
surfaces of fills.
(4) Cut and fill shall not endanger adjoining property.
(5) Fill shall be placed and compacted so as to minimize

sliding or erosion of the soil.
(6) Fills shall not encroach on natural watercourses or

constructed channels.
(7) Fills placed adjacent to natural watercourses or

constructed channels shall have suitable protection against erosion
during periods of flooding.
(e) Maintenance Responsibility.
(1) Whenever sedimentation is caused by stripping of

vegetation, regrading or other development, it shall be the
responsibility of the person, corporation or other entity causing
such sedimentation to remove it from all affected surfaces, drainage
systems and watercourses on and off site, and to repair any damage
at his expense as quickly as possible.
(2) Maintenance of all drainage facilities and all

watercourses, both existing and proposed, within any proposed
subdivision or land development shall be the responsibility of the
developer until such time as one of the following is accomplished:
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(i) An easement for these facilities is offered for

dedication by the developer and is accepted by the Township;
it shall then be the responsibility of the owner.
(ii) If an easement acceptable to the Township is

established, but not dedicated to the Township, the
maintenance shall then be the responsibility of the individual
lot owners over whose property the easement passes. For land
developments, the maintenance shall be the responsibility of
the owner.
(iii) A homeowners’ association or other approved legal

entity, approved by the Township, assumes the responsibility
for the maintenance of the development, including the
maintenance of the watercourses and/or drainage facilities.
(3) It is the responsibility of any person(s), corporation

or other entity doing any work on or across a stream, watercourse or
swale, or upon the flood plain or right-of-way during the period of
work, to return it to its original or equal condition after such
activity is completed.
(4) No person, corporation or other such entity shall block,

impede the flow of, alter and/or perform any work which will affect
normal or flood flow in any communal stream or watercourse without
having obtained prior approval from the Township and/or the
Department of Environmental Protection, whichever is applicable.
(5) Each person, corporation or other entity which makes any

surface changes shall be required to:
(i) Collect on-site surface runoff and control it to a

point of discharge into the natural watercourse of the
drainage area.
(ii) Control existing off-site runoff through his

development by designing it to adequately control all upstream
runoff.
(iii) Provide and install at his expense, in accordance

with Township requirements, all drainage and erosion control
improvements (temporary and permanent) as required by the
approved erosion and sediment control plan.
Section 513. Easements and Rights-of-Way.
(a) Where easements or rights-of-way are required to accommodate

utility installations, such easements shall have a minimum width of twenty
feet (20'). New utility easements and rights-of-way shall be located only
upon consultation with the appropriate utility company.
(b) Where feasible, easements and rights-of-way shall be centered

or adjacent to rear or side lot lines. No structures, materials and/or
trees shall be placed within such easements and rights-of-way.
(c) Where a proposed subdivision or land development is traversed

by a watercourse, drainage way, channel or stream, there shall be provided
a drainage easement or right-of-way conforming substantially with the line
of such watercourse and of such width as will be adequate to preserve the
natural drainage channel and provide sufficient width for maintenance.
Storm water management and drainage way easements shall be no less then
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twenty feet (20') in width, or as directed by the Township, the County of

Berks and/or the Commonwealth of Pennsylvania. Stream and watercourse
easements shall be no less than fifty feet (50') in width, or as directed
by the Township, the County of Berks and/or the Commonwealth of
Pennsylvania.
(d) Right-of-way standards and installation procedures for natural

gas and petroleum product transmission lines shall conform to all
applicable federal and state regulations, including regulations governing
the width of the right-of-way, location of pipeline within the right-of-
way, the proposed depth of the pipeline, and the pipe wall thickness.
There shall be a minimum distance of one hundred feet (100'), measured in
the shortest distance, between any proposed or existing dwelling and any
petroleum products or natural gas transmission line.
(e) Where feasible, sanitary sewer collection lines and water

supply lines shall be located and installed within the right-of-way of a
public street.
(f) All easements or rights-of-way shall be properly described by

bearings and distances. The area occupied by any required easement or
right-of-way shall not be calculated as part of the net lot area.
(g) No easement or right-of-way shall be created, recited and/or

described in any deed unless the same has been shown on the approved plan
of record.
(h) Any deed conveying a lot on a plan of record shall make

reference to the plan and all easements and encumbrances referenced on the
plan. A representative description expressing the references by which
easements and encumbrances will appear on all affected deeds shall be
presented to the Township Engineer and the Township Solicitor for their
review and approval prior to action on the Final Plan.
Section 514. Sanitary Sewage Disposal.
(1) This Section along with all other pertinent plans,

ordinances and/or resolutions adopted by the Township shall be
construed as implementing the provisions of the Pennsylvania Sewage
Facilities Act (Act No. 537) and the Clean Streams Law (Act No.
394), or both, as hereafter amended, supplemented, modified or re-
enacted by the General Assembly of Pennsylvania.
(2) All sewage disposal systems within the Township shall

conform to the standards and requirements of the Pennsylvania
Department of Environmental Protection. The installation of all
sanitary sewage disposal systems shall be the responsibility of the
developer.
(3) The developer shall provide the most desirable method of

sanitary sewage disposal. The selected method shall conform with the
existing physical site conditions.
(4) Approval of plans and the specifications provided within

this Section shall be of equal force and effect. In the case of any
discrepancy between the plans and these specifications, the decision
of the Township or its authorized representative shall be final and
conclusive as to which is preferred.
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(b) Public Sanitary Sewage System.
(1) Areas designated for public sewer service within the

Township’s Official Sewage Facility Plan (Act 537 Plan, as amended)
shall utilize the Amity Township Wastewater Treatment System as the
method for sanitary sewage disposal.
(2) The developer shall construct a sanitary sewer

collection and conveyance system in order to provide adequate
sanitary sewer service available to each lot or dwelling unit within
the subdivision or land development.
(3) The entire system shall be designed and constructed in

accordance with the most current standards and specifications
established by the Township.
(4) The applicant shall comply with all procedural permit

requirements established by the Pennsylvania Department of
Environmental Protection (PA DEP). The applicant shall complete and
submit to the Township the necessary components of the PA DEP’s
Planning Module(s) for Land Development.
(5) If public sewage service is not accessible to an

approved subdivision or land development, but is planned to be
accessible within five (5) years of final approval, the developer
shall install approved capped sewer collection lines within the
limits of the subdivision or land development, in addition to the
approved on-lot sewage facilities. Such sewer lines shall be capped
at the limits of the subdivision or land development and the lateral
shall be capped at the street right-of-way.
(6) The following design requirements and details should be

provided on the appropriate plans, profiles or as supplemental
information for those applications involving public sanitary sewer
service:
(i) Laterals shall be shown for all proposed

connections and shall not connect into manholes nor cross
property lines.
(ii) First floor elevation shall be shown for all

units.
(iii) Basement service shall be provided for all

residential dwellings. All plans must demonstrate that
basement service can be provided.
(iv) Proposed pump stations, unless otherwise

stipulated, shall be the submersible type.
(v) The type and size of proposed pipes shall be

indicated on the plans.
(vi) The minimum horizontal angle between incoming and

outgoing sewers shall be less than ninety degrees (90°).
(vii) The minimum depth of the sewer shall be four feet

(4').
(viii) Unless otherwise permitted by the Township,

sanitary sewers shall not be permitted outside of the cartway.
If permitted by the Township, the cross-country sewer line
shall be backfilled with approved materials and properly
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restored in accordance with the standards which are specified

by Township ordinances or as required by the Township
Engineer. All permitted cross-country sewer line runs shall
be provided with brick landscaping pavers to provide and
accommodate vehicular access for maintenance crews.
(ix) The sanitary sewer lines shall be located beneath

the cartway of the proposed roadways a minimum of five feet
(5') away from the curb line.
(x) Any manholes with a potential for surface water

infiltrations shall be labeled watertight manhole frame and
cover, and those manholes in the open field shall be raised a
minimum of eighteen inches (18") above grade. Inserts shall be
provided in all manholes.
(xi) Drop manholes shall be labeled on the plan.
(xii) Ductile iron pipe shall be utilized for stream

crossings. All stream crossings shall meet the requirements
specified by the Department of Environmental Protection.
(xiii) The appropriate vertical and horizontal

separation distances required by the Township and by the
Pennsylvania Department of Environmental Protection.
(xiv) Sewer lines must be a minimum of fifty feet (50')

from private wells and one hundred feet (100') from public
wells.
(xv) The applicant shall be responsible for the cost

and installation of any necessary revisions, reconstructions
or upgrades to the Township wastewater treatment and
collection system if the proposed flows from the project
exceed the capacity of the system providing service to the
proposed project.
(xvi) The plans must indicate complete information

concerning the tie into the Township’s system.
(xvii) All proposed and existing utilities shall be

shown in the plans and profiles.
(xviii) At the discretion of the Township, in situations

in which the design standards and requirements do not apply to
the site conditions, the Township Engineer shall suggest or
provide additional and/or alternative design methods to meet
the objectives of this Chapter.
(7) The following general information, permits and details

should be provided on the appropriate plans, profiles or as
supplemental information for those applications involving public
sanitary sewer service:
(i) All information pertaining to the sanitary sewer

system must be submitted as of the Preliminary Plan submittal.
Plans, profiles and details for all sanitary sewer runs shall
be provided with the Preliminary Plan application.
(ii) A note shall be provided on the Plan indicating

that the proposed sanitary sewer system shall be designed,
located, permitted, constructed and installed in accordance
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with all standards specified by the Township and by the

(iii) All proposed sanitary sewage facilities shall be

designed in accordance with the “Standard Specifications and
Details for Sanitary Sewer Extensions and Repairs”, most
recent addition and Township Ordinance #227, as amended (see
Chapter XXIII of the Township Code of Ordinances).
(iv) Easements for municipal sanitary sewer facilities

shall be established to provide access for maintenance. All
such sanitary sewer easements shall be accurately described by
bearings and distances. If required by the Township, a
maintenance agreement for the easement shall be submitted to
the Township Solicitor and the Township Engineer for review.
(v) If the subdivision is to be phased, the sanitary

sewer run must terminate at a manhole if there are laterals
which are connected within the run. At the discretion of the
Township, capping at the phase line may be permitted if there
are no laterals which are connected within the run.
(vi) If the plan and profiles do not terminate at a

structure, the appropriate information must be shown on both
sheets and the plans must reference the matchline plan number.
(vii) As-built plans and GPS data must be submitted.

The required information regarding the sanitary sewers shall
be depicted on the Plans and be provided on a CD that is
compatible with the Township’s system. Sufficient data will be
provided so the sanitary sewer facilities can be located
geospatially. Any additional cost incurred by the Township to
convert GIS/GPS data provided to the Township will be paid for
by the developer.
(viii) All necessary and appropriate permits issued by

the Pennsylvania Department of Environmental Protection shall
be submitted to the Township. These permits shall include, but
are not limited to, sewer extension permit, Part II permits,
stream crossings and wetland encroachments.
(ix) A highway occupancy permit must be obtained from

the Pennsylvania Department of Transportation for all proposed
sanitary sewer improvements within a state right-of-way.
(c) Private Sanitary Sewage Systems.
(1) Where public sewage services are neither available nor

accessible, the developer shall provide a sanitary sewage disposal
system on either an individual or community basis in accordance with
the standards and provisions established by the Township and/or the
(2) Permits are required for the design, construction,

installation, alteration, replacement, repair and/or extension of
any community sewage disposal system or individual on-lot sewage
disposal system. All such permits for private sewage disposal
systems shall be subject to approval by the Pennsylvania Department
of Environmental Protection and/or Township Sewage Enforcement
Officer. A permit and inspection fee shall be established pursuant
to a resolution of the Township and shall be paid at the time the
application is filed.
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(3) The permit for a community sewage disposal system or an

individual sewage disposal system shall not become effective until
the installation is completed to the satisfaction of the Sewage
Enforcement Officer.
(4) The type, capacities, location and general layout of the

proposed community sewage disposal system or individual sewage
disposal system shall comply with the recommendations of the Sewage
Enforcement Officer, and with the rules and regulations of the
Pennsylvania Department of Environmental Protection, and applicable
statutes of the Commonwealth of Pennsylvania.
April 26, 1999, Section 19; as further amended by Ordinance 274, October 5, 2011,
Sections 2-3)
Section 515. Water Supply.
(1) The provision of public, community or individual on-lot

water supply in residential subdivisions and land developments shall
be consistent with the standards and requirements of the Amity
Ordinances).
(2) Planned residential developments, single-family cluster

developments, mobile home parks and developments containing multi-
family dwelling units, single-family semi-detached dwelling units or
two-family detached dwelling units shall be provided with a public
or community water system.
(3) All subdivisions or land developments providing

community water supply shall be required to provide fire protection
in accordance with Section 515(c) of this Chapter. All distribution
systems for community or public water systems shall be equipped with
adequately sized mains and the appurtenances required to provide
fire protection.
(4) All unused or abandoned well sources shall be properly

secured and sealed in accordance with all federal, state and local
laws. All well closure and abandonment plans and procedures shall
be subject to review, approval and inspection by the Township
Engineer. Section 806 (Appendix F) of this Chapter provides the
minimum requirements for well abandonment procedures.
(b) Public Water Supply.
(1) Subdivisions and land developments to be served by

exiting public water supplies shall be provided with water
distribution facilities designed in accordance with regulations of
the Pennsylvania Department of Environmental Protection (PA DEP) and
the standards and specifications of the public water supplier.
(2) The distribution facilities shall be designed to provide

fire protection at a minimum flow rate of one thousand (1,000) GPM
with a minimum residual pressure at twenty (20) psi.
(3) The subdivider or developer shall provide the Board of

Supervisors with a copy of a letter of intent from the public water
supplier prior to Preliminary Plan approval and with a copy of an
approved Water Service Agreement prior to Final Plan approval.
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(c) Community Water Supply.
(1) Community water systems shall be developed and

maintained so as to meet the established standards and
specifications of the Pennsylvania Department of Environmental
Protection, the Environmental Protection Agency, the Delaware River
Basin Commission and/or the Public Utility Commission (P.U.C.). At a
minimum the community water supply system shall be designed in
accordance with the Pennsylvania Department of Environmental
Protection (Division of Water Supplies) Public Water Supply Manual,
latest revision. All community water supply systems shall be
organized in such a manner as to fall within the jurisdiction of the
Pennsylvania Public Water Commission.
(2) Where a community water supply system is proposed to

serve a subdivision or land development, a feasible water supply and
distribution system shall be proposed before preliminary approval of
the subdivision or land development. Detailed plans specifications,
supply and demand shall be submitted to and be approved by the
Township Engineer before final approval. A permit for the system
must be granted by the PA DEP and any other governing body having
jurisdiction over the work before final approval.
(3) The water supply shall be drawn from an adequate and

reliable source which can supply, in combination with storage
facilities, the water demands of the proposed service area, at all
times. The water source, in combination with storage facilities,
shall be capable of meeting fire flow demand established within this
Section as well as average or peak daily consumption, except that in
systems not required to provide fire flow the storage facilities
shall be sized in accordance with standards of this Section.
(4) The water source shall be capable of supplying one

hundred fifty percent (150%) of the average daily demand based on
eighty (80) gallons per day per person (GPCD) and/or three hundred
(300) GPD per dwelling unit, for the design population of the
development or the service area. Testing procedures to determine the
reliable capacity of the water source are set forth in this Section.
(5) Water service to non-residential developments shall

demonstrate adequacy to meet projected demand from the specific
project.
(6) The quality of the source shall conform to the water

quality requirements of the PA DEP, Division of Water Supplies as
set forth in their Public Water Supply Manual. Treatment of the
water supply shall be done in accordance with requirements set forth
in the Public Water Supply Manual.
(7) All utilities shall have a standby pump or pumps

adequate to insure that the system can operate normally with the
largest pump out of service. In addition, the following storage and
equipment requirements shall be met by community water supply
systems according to the size of the system.
(i) Small utilities servicing less than fifty (50)

customers shall have sufficient storage facilities to supply
an average daily demand for a seventy-two (72) hour time
period or sixty thousand (60,000) gallons, whichever is
higher, with the source cut off. Fire hydrants shall be
provided for fire service if required by the Township. The
hydrants shall be connected or stored as may be required by
the Township.
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(ii) Utilities serving greater than fifty (50) but less

and one hundred (100) customers shall maintain a minimum
distribution storage capability of one hundred fifty percent
(150%) of the average daily demand for a seventy-two (72) hour
period or one hundred twenty thousand (120,000) gallons,
whichever is higher. Fire hydrants shall be provided for fire
service.
(iii) Utilities servicing one hundred (100) customers

and over shall provide elevated storage facilities of
sufficient capacity to meet National Insurance Services Office
(NISO) recommendations for fire protection plus the one (1)
day peak demand or one hundred twenty thousand (120,000)
gallons, whichever is higher, shall provide pressurized fire
hydrants, and shall meet design standards of the American
Water Works Association.
The NISO minimum requirements for “Needed Fire Flow” as

follows:
For one (1) and two (2) family dwellings not exceeding
two (2) stories in height, the following Needed Fire
Flows shall be used:
Residual
Distance Needed Pressure
at
Between Buildings Fire Flow Duration Rated Cap.
Over 100 feet 500 gpm 2 hr. 20 psi

31 feet to 100 feet 750 gpm 2 hr. 20 psi
11 feet to 30 feet 1,000 gpm 2 hr. 20 psi
10 feet or less 1,500 gpm 2 hr. 20 psi
Other habitational buildings, up to three thousand five

hundred (3,500) gpm maximum depending on land use type.
(8) Pipe selected for distribution systems shall have been

manufactured in conformance with the latest standard specifications
issued by the American Water Works Association. The acceptable
material(s) for water main use shall include ductile iron pipe
(cement lined).
(9) Water distribution mains shall be a minimum of eight

inches (8") inside diameter laid out in a well-gridded system.
Whenever fire protection capability is provided, main sizes shall be
adequate so the system can meet the water quantity and pressure
standards within this Section. Supply mains not adequate for fire-
fighting shall not be connected to fire hydrants and can only be
considered for use as special water service lines.
(10) A minimum static pressure during peak hourly flow of

fifty (50) pounds per square inch is desirable, but the minimum
static pressure during peak hourly flow shall not be less than
thirty (30) pounds per square inch. Normal pressure variations in
the system shall range between thirty (30) to seventy (70) psi. A
minimum of twenty (20) pounds per square inch should exist at any
point in the system during periods of fire flow.
(11) The minimum standards for customer connections are

established below:
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(i) All service connections from the main to a single

dwelling unit shall be a minimum of three-quarters inch (3/4")
ID. The diameter of service connections to multiple units
shall meet the approval of the Township Engineer.
(ii) Customer service connections shall be one of the

approved materials for mains or type “K” copper.
(iii) A corporation stop and curb stop shall be

furnished for each customer service connection.
(iv) A cross connection is any physical connection,

direct or indirect, which provides a potential opportunity for
non-potable water to enter a conduit, pipe or receptacle
containing potable water. Such cross connections are
prohibited.
(12) No water main shall be approved unless subjected to the

following test:
All joints in the pipe lines shall remain uncovered

until the pipe has been subjected to pressure tests of
fifty (50) pounds in excess of the operating pressure at
the lowest point of elevation of the system. All pipe
shall be tested for a minimum of two (2) hours with a
pressure drop not exceeding two (2) pounds per square
inch.
(13) Storage for finished water shall be provided as an

integral part of each water supply system. Standards set forth in
this Chapter and the Public Water Supply Manual shall be used in
designing water storage systems. Equipment selected shall have been
manufactured in conformance with the latest standards and
specifications issued by the American Water Works Association.
(14) Pumping stations within community water systems shall

comply with standards and specifications set forth in this Chapter
and the PA DEP Public Water Supply Manual.
(15) Well construction shall take place according to the

standards set forth in the PA DEP Public Water Supply Manual. There
shall be a minimum of two (2) well sources, one to act as a back-up
should one source fail or be taken out of service.
(16) The community water system well source shall be

centrally located within an open space water protection zone a
minimum of one (1) acre in size. No structures other than water
system pumping stations, standpipes, etc. shall be located within
the protected zone. No on-lot sewage disposal system shall be
constructed within four hundred feet (400') of the water source
well.
(17) A dynamic recovery rate and draw-down test shall be

conducted to determine the capacity and safe daily yield of the well
source. The test procedures shall be conducted in conformance with
PA DEP Water Supply Manual and the following:
(i) A water pump, capable of variable output, having

sufficient capacity to exceed the Dynamic Recovery Rate of the
water source, shall be employed for said test. It is
recommended that the capacity of the source pump be such that
draw-down to within twenty feet (20') of the source pump be
achieved in a maximum of three (3) hours.
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(ii) A suitable calibrated water meter capable of

measuring the water output shall be connected to the water
source pump outlet.
(iii) The exact location of the water source pump with

respect to the bottom of the well shall be recorded and
maintained constant for the duration of the test.
(iv) The water source pump shall be operated at maximum

capacity and output for the first six (6) hours of the test or
until the water level in the source well reaches a point
twenty feet (20') above the water source pump. The elapsed
time and rate of pumping shall be recorded at sixty (60)
minute intervals on a log data sheet.
(v) Draw-down of the source well in feet shall be

recorded at sixty (60) minute intervals as well as the water
draw-down of any required peripheral test hole wells* on the
log data form.
(vi) Reduce the maximum rate of pumping by ten (10)

gallons per minute (GPM) and continue pumping for the next two
(2) hours of test or until the water level reaches a point
twenty feet (20') above the water source pump. The elapsed
time, rate of pumping and draw-down of the source well and,
where required, the peripheral test hole wells* shall be
recorded on the log data forms at sixty (60) minute intervals.
(vii) Continue the above procedure using the two (2)

hour time periods or the criteria of water level above the
source pump until the conditions are such that the Dynamic
Recovery Rate of the water source equals the pumping rate
(dynamic equilibrium). The increment of GPM reduction may be
increased where on site pumping data warrants such action.
Note: as the Dynamic Recovery Rate is approached, the
increment of GPM reduction will need to be reduced from ten
(10) GPM to eight (8) GPM to five (5) GPM to n GPM to zero (0)
GPM. At this point, no detectable change in draw-down will
occur. If any change in draw-down is detected, either plus or
minus, dynamic equilibrium has not been achieved.
(viii) When said Dynamic Recovery Rate is reached,

record elapsed time, pumping rate and draw-down on log data
sheet and continue pumping at this rate for the remainder of
the minimum forty-eight (48) hour test time or a minimum of
twenty-four (24) hours, whichever is the greater time.
Elapsed time, pumping rate and draw-down of the source well,
and where required, the peripheral test wells*, shall be
recorded hourly.
(ix) Measurements of static water level recovery shall

be made on the source well and peripheral test hole wells*,
where required. Measurements shall be taken hourly and the
data recorded for a minimum time period of twenty-four (24)
hours upon cessation of the dynamic recovery rate test.
(x) Calculations of specific capacity and safe daily

yield of the source well shall be submitted to the Township
Engineer and the PA DEP by the registered professional
engineer employed by the utility or developer for review and
analysis.
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* Peripheral test hole wells, if existing wells are not

available in the vicinity, may be required in order to
determine the area of influence of the source well and the
capacity of the source well aquifer. Peripheral test hole
wells will generally be required in geological areas with
slate and shale formations where existing wells are not
available. The test hole wells shall have a minimum diameter
of six inches (6") and shall be situated one hundred feet
(100') from the source well, equally distributed along the
periphery.
(18) Where a community water system is to be installed within

a proposed subdivision or land development, the improvement
procedures and requirements set forth within this Chapter shall be
followed. Improvements agreements, guarantees, inspections and
guarantee releases shall include consideration of the community
water company in carrying out the procedures and requirements of
this Chapter.
(19) Final specifications for the design and installation of

the centralized water system shall be included as part of the
improvements agreement between the developer and the Township.
Final approval of the subdivision or land development plan shall not
take place until such specifications are finalized within the
improvements agreement and until the necessary improvements and
maintenance guarantees are posted. Engineering review of the
specifications for the water system by the Township Engineer shall
take place before signing of the improvements agreement and before
approval of the final development plan.
(20) A community water supply system may be permitted on a

temporary basis for developments which are to be permanently
serviced by a public water supply system. All agreements between the
developer and the public water supply company for the temporary to
permanent water supply inter-connection should be submitted to the
Township for review. All such agreements and required escrows must
be consummated prior to municipal approval.
(21) The design standards, specifications and time frame

shall be subject to the approval of the Township and the public
water supply company.
(d) On-Lot Water Supply.
(1) When no public water supply is either available or

accessible, adequate water supply shall be furnished by the
landowner on an individual lot basis.
(2) Each lot to be served by individual on-lot water supply

shall be of a size and shape to permit the safe location for each
well. All proposed wells shall not be located within one hundred
feet (100') from any on-lot sewage disposal system and within fifty
feet (50') from any watercourse or surface waters. Where feasible,
proposed wells shall not be located down gradient from any on-lot
sewage disposal system.
(3) The applicant shall provide at least one (1) test well
for each five (5) proposed dwelling units. The yield of each test
well shall be no less than eight (8) gallons per minute. A sample
shall be obtained from each test well and tested to ensure that the
well is free of bacteriological contaminants. The Planning
Commission shall be provided with documents from a licensed well
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driller verifying the yield of each test well and from a state
certified laboratory verifying that the sample(s) is/are potable.
(4) The applicant may be required to submit a study prepared

by a professional hydrogeologist certifying that the proposed
individual wells will be able to supply each lot with a dependable
water supply and that the proposed wells will not adversely affect
the groundwater table or exiting wells near the project site. The
study shall examine the possibility of contamination to the proposed
wells due to existing environmental factors, such as landfills,
underground fuel tanks and septic tanks.
(e) Fire Hydrants.
(1) All subdivisions and land developments that are to be

served by a public or community water supply system shall provide
fire hydrants.
(2) Fire hydrants shall be located no further than six

hundred feet (600') apart, as measured along the centerline of each
road. All residential dwelling units and non-residential principal
buildings shall be located no farther than four hundred feet (400')
from an active fire hydrant.
(3) Fire hydrants shall be located in a manner to provide

complete accessibility and so that possibility of damage from
vehicles or injury to pedestrians will be minimized. When placed
behind the curb, the barrel of the fire hydrant shall be set so that
no portion of the pumper or hose nozzle cap will be less than
twenty-four inches (24") from the curb line.
(4) The type and location of all required fire hydrants are
subject to the review and approval of the Township, the public water
supply company and the regional fire company.
(5) The water pressure for each fire hydrant shall be

consistent with the standards and specifications established within
this Section.
April 26, 1999, Sections 20 & 21)
Section 516. Utilities.
(a) All other utility lines, including but not limited to

electric, natural gas, street light supply, cable television and
telephone, shall be placed underground.
(b) Installation of all utilities shall be in strict accordance

with the engineering standards and specifications of the municipal
authority or public utility company.
(c) Where such underground utilities lie under a proposed cartway,

they shall be put in place, connected and approved before the streets are
constructed and before any person is permitted to occupy any building to
be served by such utilities.
(d) The applicant shall be responsible for contacting all

applicable utilities and accurately determining the locations and depth of
all underground utilities within the tract proposed for subdivision or
land development, prior to excavation. A complete list of the applicable
utility companies and their phone numbers shall appear on the Preliminary
and Final Plans.
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(e) In the event an existing street is excavated for repair and/or

improvement to storm water management facilities, sanitary sewer
facilities, water supply facilities or any utility, the existing road
shall be properly restored in accordance with the requirements specified
under the Township Street Cut Ordinance (No. 93-136), as amended (see
Chapter XXVI of the Township Code of Ordinances). These requirements
include, but are not limited to, standard specifications for trenching,
backfilling, compacting and paving restoration.
If the Township determines that the Township Street Cut Ordinance

(No. 93-136), as amended (see Chapter XXVI of the Township Code of
Ordinances) does not apply, the Township Engineer shall require a
restoration measure as specified under Township Ordinance 94-143, as
amended (see Chapter XXIII of the Township Code of Ordinances). If
required by the Township, an escrow shall be established for the cost of
the improvements and/or inspection fees.
Section 517. Landscaping.
(a) Intent; Exemptions.
(1) Article 1, Section 27, of the Constitution of the

Commonwealth of Pennsylvania states that the people of the
commonwealth have a right to clean air, pure water and to the
preservation of the natural, scenic, historic and aesthetic values
of the environment. It is the intent of these landscape planting
regulations to protect this right by conserving existing vegetation
and/or requiring new plant material in critical areas of land
developments and subdivisions.
(2) Specifically, it is the intent of these landscape

planting regulations to conserve existing healthy plant communities,
such as woodlands, and to require new landscape plantings in
critical areas of developments in order to:
(i) Reduce soil erosion and protect surface water

quality by minimizing stripping of existing woodlands or tree
masses.
(ii) Reduce stormwater runoff velocity and volume by

providing planting areas where stormwater can infiltrate
(iii) Improve air quality by conserving existing or

creating new plantings which produce oxygen and remove carbon
dioxide from the atmosphere.
(iv) Provide animal habitat.
(v) Provide windbreaks, shade and the other

microclimate benefits of trees and landscape plantings.
(vi) Conserve historically, culturally or

environmentally important landscapes, such as, but not limited
to, wooded hillsides, scenic views or aesthetic natural areas,
and historic stone fences.
(vii) Preserve and enhance property values through the

implementation of good landscape architectural standards and
minimize conflicting land uses.
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(viii) Provide planted buffers between land

developments and subdivisions which act to visually integrate
a development into the existing landscape.
(ix) Provide planted and architectural visual screens

around visually obtrusive site elements within land
developments and subdivisions.
(x) Enhance the aesthetic appearance of the community

and provide privacy and beauty.
(xi) Improve traffic flow in parking lots by requiring

planted parking islands and medians to separate traffic.
(xii) Conserve energy by moderating solar radiation and

providing shade.
(xiii) Improve the environment for pedestrians

along streets, parking lots and other pedestrian areas.
(xiv) Aesthetically improve stormwater management

facilities, such as detention basins, without impairing
function.
(3) It is the intent of these regulations to protect the

health, safety and welfare of the community by requiring planting
plans for land developments and subdivisions.
(4) Minor plan submissions, as set forth in Section 306 of

this Chapter are exempt from these regulations.
(b) Landscaping Plan. A landscaping plan for the proposed

subdivision or land development is required. For residential proposals
with more than ten (10) units and nonresidential proposals, the
landscaping plan shall consist of a separate plan sheet(s). For
residential proposals of ten (10) units or less, the landscaping plan may
be included on the grading/utility plan. Landscaping plans shall contain
the following:
(1) Plan scale, date, and North arrow.
(2) Location of all existing and proposed buildings and

structures.
(3) Location of all existing and proposed roads, parking

areas, service areas and other paved areas.
(4) Location of all outside storage and trash receptacle

areas.
(5) Sidewalks, berms, fences, walls, freestanding signs and
site lighting.
(6) Existing and proposed underground and aboveground

utilities, such as site lighting, transformers, hydrants, manholes,
valve boxes, etc. (Reference may be made to other submission
drawings).
(7) All existing and proposed contours at two-foot intervals

to determine the relationship of planting and grading. Areas with
steep slopes as defined in the Zoning Ordinance shall be highlighted
on the plan.
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(8) The location of existing mature trees, woodland and tree

masses to remain and demarcated as such.
(9) The location of existing mature trees, woodland and tree

masses to be removed and demarcated as such.
(10) The location of all proposed landscaping, including

required street trees, stormwater basin landscaping, parking lot
landscaping, property line buffer screens and site element screens.
(11) The location of floodplains, wetlands and other natural

features that may affect the location of proposed streets, buildings
and landscape plantings.
(12) A planting schedule listing the scientific and common

name, size, quantity and root condition of all proposed plant
material.
(13) A schedule showing all landscape requirements and

plantings proposed for each category.
(14) Planting details, including the method of protecting

existing vegetation and landscape planting methods.
(15) For residential developments with fifty (50) or more

dwelling units and non-residential developments in which the
cumulative gross floor area exceeds forty thousand (40,000) square
feet, the landscaping plan must be prepared and certified by a
professional landscape architect.
(c) Preservation and protection of existing vegetation.
(1) Preservation of existing vegetation. Each mature tree or

tree mass on the site to be developed or subdivided shall be
designated "TO REMAIN" or "TO BE REMOVED" in accordance with the
following criteria:
(i) Subdivisions and land developments shall be laid

out in such a manner as to minimize the removal of healthy
trees and shrubs on the site. Special consideration shall be
given to major specimen trees.
(ii) It shall be the responsibility of the applicant to

prove that vegetation removal is minimized. If required by the
township, the applicant shall produce written documents or
plans certified by a registered landscape architect or other
qualified professional demonstrating that no alternative
layouts are possible and that no alternative clearing or
grading plan would reduce the loss of mature trees, tree
masses and woodlands.
(iii) A mature tree or tree mass shall be considered "TO

REMAIN" only if it meets all of the following criteria:
a) The outermost branches of the tree(s) are at

least ten feet (10’) from any proposed buildings,
structures, paving, parking or utilities (overhead or
underground).
b) The outermost branches of the tree(s) are at

least ten feet (10’) from any proposed changes in grade
or drainage, such as excavations, mounding or
impoundments.
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c) The tree(s) are clear of any proposed sight

triangles and do not, by their location or apparent
health, pose any undue threat to the health, safety and
welfare of the community.
(2) For each tree to be preserved, a tree protection zone

shall extend a distance from the tree trunk equal to twelve (12)
times the trunk diameter. Thus, a twenty inch (20”) DBH tree would
have a circular tree protection zone twenty feet (20’) in radius.
Within the tree protection zone, no disturbance, material
stockpiling, foot or vehicle traffic shall be permitted. Prior to
the start of construction, the tree protection zone shall be
delineated around the trees to be preserved with orange construction
fencing or other fencing deemed suitable by the Township.
(3) Hydrology. Alteration of existing drainage patterns and

water supply for the protected vegetation shall be minimized.
(d) Parking Lot Landscaping.
(1) Parking lots shall be effectively landscaped with trees

and shrubs to reduce the visual impact of glare, headlights, parking
lot lights; to delineate driving lanes and define rows of parking;
to provide shade in order to reduce the amount of reflected heat;
and to improve the aesthetics of parking lots. Parking lot
landscaping shall not create sight distance constraints which cause
unsafe conditions.
(2) All parking lots with ten (10) or more parking stalls
shall be landscaped according to the following regulations:
(i) Off-street parking areas shall be separated from

external streets by a twenty feet (20’) wide curbed planting
strip.
(ii) The ends of all parking rows shall be divided from

driving lanes by planting islands.
(iii) In residential developments, parking lots shall be

divided by planting strips into smaller parking areas of no
more than 20 stalls.
(iv) In nonresidential developments, parking lots shall

be divided by planting strips into smaller parking areas of no
more than sixty (60) stalls. There shall be no more than two
(2) consecutive rows of parking spaces, regardless of the
number of spaces in the row, without the installation of a
planting strip as herein defined.
(v) Planting islands shall be a minimum of nine feet

by 18 feet in area, underlain by soil (not base course
material); mounded at no more than a four to one (4 to 1)
slope, nor less than a twelve to one (12 to 1) slope, and
shall be protected by curbing. Each planting island shall
contain one shade tree plus shrubs and/or ground cover (ie.
mulch, decorative stone or similar material) to cover the
entire area.
(vi) All planting strips shall be a minimum of eight

feet wide. Strips shall run the length of the parking row,
underlain by soil, mounded at no more than four to one (4 to
1) slope, nor less than a twelve to one (12 to 1) slope, and
shall be protected by curbs. Planting strips shall contain
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plantings of street-type shade trees at intervals of thirty

feet (30’) to forty feet (40’) plus shrubs and/or ground cover
(ie. mulch, decorative stone or similar material) to cover the
entire area at maturity.
(vii) The placement of light standards shall be

coordinated with the landscape plan to avoid a conflict with
the effectiveness of light fixtures.
(e) Street Trees.
(1) Street trees shall be required:
(i) Along all existing streets when they abut or lie

within the proposed subdivision or land development.
(ii) Along all proposed streets.
(iii) Along access driveways that serve three or more

residential dwelling units.
(iv) Along access driveways that serve nonresidential

properties.
(v) Along major walkways through parking lots and

between nonresidential buildings as recommended by the
(2) Where streets or roads are within wooded areas, existing

healthy trees shall be retained in lieu of street trees.
(3) Street trees shall be located between the ultimate

right-of-way line and the building setback line and shall meet the
following standards:
(i) Trees shall be planted a minimum distance of six

feet and a maximum distance of fifteen feet (15’) outside the
ultimate right-of-way line. The Board of Supervisors, however,
may permit trees to be planted within the ultimate right-of-
way under the following circumstances:
a) In areas, such as existing villages, where

front yards may be located within the ultimate right-of-
way.
b) Where closely spaced rows of street trees
may be desirable and future street widening is
considered unlikely.
(ii) In nonresidential developments, trees shall be

located within a planting bed within the front yard setback,
at least ten feet (10’) in width, planted in grass or ground
cover.
(iii) Trees shall be located so as not to interfere with

the installation and maintenance of sidewalks and utilities.
Trees shall be planted a minimum distance of six feet (6’)
from curbs and sidewalks, fifteen feet (15’) from overhead
utilities and six feet (6’) from underground utilities.
(iv) Trees shall be planted at a ratio of at least one

(1) tree per thirty (30) linear feet of frontage or fraction
thereof. Trees shall be distributed along the entire frontage
of the property although they need not be evenly spaced.
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(4) New street trees shall:
(i) Have a total height of not less than six feet (6’)
above the root ball.
(ii) Be hardy species (preferably, but not necessarily,

native to the area) with minimal maintenance requirements that
are compatible with other features of the site and its
environs.
(f) Stormwater basins and associated facilities. Landscaping shall

be required in and around all stormwater management basins as follows:
(1) All areas of stormwater management basins, including

basin floors, side slopes, berms, impoundment structures or other
earth structures, shall be planted with cover vegetation, such as
lawn grass or naturalized plantings specifically suited for
stormwater basins. (See the Plant Material List, for recommended
plants for stormwater basins.)
(i) Lawn grass areas shall be sodded or hydroseeded to

minimize erosion during the establishment period and, once
established, these areas shall be maintained at a height of
not more than six inches (6”).
(ii) Naturalized cover plantings, such as wildflowers,

meadows and nonaggressive grasses specifically designed for
the permanently wet, intermittently wet and usually dry areas
of stormwater basins may be planted as an alternative to lawn
grass, provided that:
a) The plantings provide continuous cover to

all areas of the basin.
b) The plantings do not interfere in the safe

and efficient function of the basin as determined by the
Township Engineer.
(iii) Trees and shrubs shall be allowed in and around

stormwater basins, provided that they do not interfere with
the proper function of the basin and no trees are planted on
or within thirty feet (30’) of an impoundment structure or
dam.
(2) Basin shape shall incorporate curvilinear features to

blend with the surrounding topography.
(g) Buffer Screens.
(1) A "buffer screen" is hereby defined as a landscaped

barrier of sufficient height and density as to enhance new
development with its surroundings, minimize or eliminate certain
views within property lines and to separate conflicting land uses.
Buffer screen shall also mean “Buffer Yard” as used in the Amity
Township Zoning Ordinance.
(2) Subdivisions and land developments shall be landscaped

with property line buffer screens in accordance with Table 1.
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(3) Property line buffer requirements:
(i) Property line buffer screens shall be required for

and continually maintained by the landowner in the following
types of development.
a) The perimeter of all nonresidential

development.
b) The perimeter of all residential development.
c) Mixed use, planned residential and cluster

developments.
d) All mobile home parks.
e) Recreation areas and facilities.
(ii) An on-site investigation by the applicant shall

determine the adjacent land uses along each property boundary.
In the case of vacant or undeveloped land, the existing zoned
uses shall be used. The existing or zoned uses shall be noted
on the plan. In the case of several permitted uses on a site,
the most restrictive requirements shall apply.
(iii) Upon installation, a buffer screen shall be not

less than five feet (5’) tall.
(iv) Buffer screens shall have a minimum depth of ten

feet (10’), unless otherwise indicated in the Amity Township
Zoning Ordinance. No plant trunk shall be closer than ten feet
(10’) to any property line (except for Buffer Screen Type 2).
(v) No buffer screen shall be permitted where it may

impose a threat to the public safety by obstructing the view
of motorists to oncoming traffic or pedestrians.
(vi) Buffer screens shall be maintained as long as the

use or uses on the screened lot is/are in operation. Any plant
material which does not survive shall be replaced within six
(6) months.
(vii) Plant materials quantities and types. For every

one hundred (100) linear feet of property line to be buffered,
the following minimum quantities and types of plant materials
shall be required for low-intensity buffer screens:
a) Two (2) canopy trees.
b) One (1) ornamental tree.
c) Two (2) evergreen trees.
(viii) High-intensity buffer screens. The following

types of buffer screens shall be used for property lines
requiring high-intensity buffer screens:
a) Buffer Screen Type No. 1: Double row of

evergreen trees. A double row of evergreen trees shall
provide a continuous screen at a minimum height of
twelve feet (12’) at maturity. The two (2) rows of
evergreen trees shall be placed eight feet (8’) on
center. The second row shall be eight feet (8’) from the
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first with an offset of four feet (4’). Minimum height

at planting shall be five feet (5’). Trees species are
to be selected from the Plant Material List, evergreen
trees section of this Chapter.
b) Buffer Screen Type No. 2: Opaque fence with

ornamental trees and shrubs. A continuous six feet (6’)
opaque fence with additional planting at the minimum
rate of three (3) shrubs and two (2) ornamental trees or
large shrubs for each ten (10) linear feet of proposed
fence arranged formally or informally between the fence
and the adjoining property line. Buffer Screen Type No.
2 plant species are to be selected from the Plant
Material List, evergreen shrubs, large deciduous shrubs
and ornamental trees sections of this Chapter.
c) Buffer Screen Type No. 3: Evergreen hedge.

An evergreen hedge of chamaecyparis, minimum height at
planting of five feet (5’) plants, three feet (3’) on
center maximum.
(ix) Existing healthy trees, shrubs or woodland may be

substituted for part or all of the required material at the
discretion of the Board of Supervisors. The minimum quantities
and/or visual effect of the existing vegetation shall be equal
to or exceed that of the buffer screen.
TABLE 1 - BUFFER SCREENS
Existing Use/Zoning Districts
Proposed LDR MDR RC MHP HC SSC LI AGR REC

Use
LDR L L L H H H H L L
MDR L L H H H H H H H
RC L H L H H H H L L
MHP H H H L H H H H H
HC H H H H L L L H H
SSC H H H H L L L H H
LI H H H H L L L L H
AGR L H L H H H L L L
REC L H L H H H H L L
CLUSTER H H H H H H H H H
(in any
Zone)
Notes: L = Low Intensity Buffer

H = High Intensity Buffer
See text of Section 517(g) of this Chapter for description of buffer

screens.
(h) Site Element Screens.
(1) A site element screen shall be required and continually

maintained by the landowner in all proposed land developments around
the following site elements:
(i) Dumpsters, trash disposal or recycling areas.
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(ii) Service or loading docks.
(iii) Pump stations, cellular towers, sewage/water

treatment plants.
(2) The existing or zoned used shall be noted on the plan.

In the case of several permitted uses on a site, the most
restrictive requirements shall apply.
(3) The type of site element screen required shall be

determined by the site element and the adjacent existing land use
according to Table 2.
(4) Screen Location. The site element screen shall be placed

between the site element and the property line and shall be designed
to block views to the maximum extent possible. The screen shall be
located as close as possible to the site element and shall surround
the element without impeding function or encroaching on sight
triangles.
(5) Screen types and criteria: The following types of

screens shall be used where specified in Table 2.
(i) Site Element Screen Type No. 1: Double row of

evergreen trees. A double row of evergreen trees shall be
placed eight feet (8’) on center and offset eight feet (8’) to
provide a continuous screen at a minimum height of twelve feet
(12’) at maturity.
(ii) Site Element Screen Type No. 2: Opaque fence with

ornamental trees and shrubs. A six feet (6’) opaque fence
surrounding the site element on at least three (3) sides, with
additional plantings at a minimum of three (3) shrubs and two
(2) ornamental trees or large shrubs for each ten (10) linear
feet of proposed fence arranged formally and informally
between the fence and the adjoining property line.
(iii) Site Element Screen Type No. 3: Architectural

extension of the building. An eight feet (8’) minimum height
architectural extension of the building (such as a wing wall)
shall enclose service or loading docks. The building materials
and style of the extension shall be consistent with the main
building.
(iv) Site Element Screen Type No. 4: Evergreen hedge.

An evergreen hedge of chamaecyparis, minimum height at
planting of five feet (5’) plants, three feet (3’) on center
maximum.
(6) Existing healthy trees, shrubs or woodland may be

substituted for part or all of the required material at the
discretion of the Board of Supervisors. The minimum quantities
and/or visual effect of the existing vegetation shall be equal to or
exceed that of the site element screen.
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TABLE 2 - SITE ELEMENT SCREENS
Proposed Site Element Nonresidential Residential All Roads
Dumpster, trash or 2 or 4 2 or 4 2 or 4
recycling area
Service loading docks 1 or 3 1 or 3 1 or 3
Sewage/water treatment
plants, pump stations, 1 2 4
cellular towers, power
generating stations
Notes: 1 = Site Element Screen Type No. 1

2 = Site Element Screen Type No. 2
See text of Section 517(h) of this Chapter for description of site element
screens.
(i) Plant Materials Specifications and Maintenance. The following

standards shall apply to all plant materials or transplanted trees as
required under this section:
(1) Plant Specifications.
(i) All plants shall meet the minimum standards for

health, form and root conditions as outlined in the American
Association of Nurserymen (AAN) Standards.
(ii) All plant material shall be hardy and within the

USDA Hardiness Zone 5 and 6 applicable to Berks County,
Pennsylvania.
(iii) Canopy trees, sometimes called shade trees, shall

reach a minimum height and spread of thirty feet (30’) at
maturity as determined by the AAN Standards and shall be
deciduous. New trees shall have a minimum caliper of two and
one-half inches (2-1/2”) at planting.
(iv) Ornamental trees or large shrubs shall reach a

typical minimum height of fifteen feet (15’) at maturity based
on AAN Standards. Trees and shrubs may be deciduous or
evergreen and shall have a distinctive ornamental character,
such as showy flowers, fruit, habit, foliage or bark. New
ornamental trees shall have a minimum height of six feet (6’)
or one and one-half inch (1-1/2”) caliper. New large shrubs
shall have a minimum height of two and one-half feet (2-1/2’)
to three feet (3’) at time of planting.
(v) Evergreen trees shall reach a typical minimum

height of twenty feet (20’) at maturity based on AAN Standards
for that species and shall remain evergreen throughout the
year. New evergreens shall have a minimum height at planting
of five feet (5’).
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(2) Maintenance.
(i) Required plant material shall be maintained for

the life of the development to achieve the required visual
effect of the buffer or screen. It shall be the ultimate
responsibility of successive property owners to ensure that
the required plantings are properly maintained. Dead or
diseased plant material shall be removed or treated promptly
by the property owner and replaced as soon as possible, but no
later than the next growing season.
(ii) Safety. All sight triangles shall remain open and

clear, and any plant material that could endanger safety, such
as unstable limbs, shall be removed and the plant material
replaced, if necessary. It shall be the responsibility of the
property owner to maintain all plantings and architectural
elements to ensure a safe environment.
(iii) Maintenance guidelines for the plantings are

encouraged to be published by the planting plan designed to be
used by grounds maintenance personnel to ensure that the
design's buffering and screening concepts are continued.
(iv) All subdivision and land development record plans

shall contain the following note: "The Developer is
responsible for the plantings of trees, plants, shrubbery,
buffer screens and site element screens as shown on said Plan
and for the re-planting of any such trees, plants and
shrubbery should such planting die or become diseased for a
period of eighteen (18) months from the date of planting.
During said eighteen (18) month period, the Developer shall be
responsible for the maintenance of all trees, plants,
shrubbery, buffer screens and site element screens shown on
said Plan. The lot owner shall allow and grant an easement to
the Developer to enter the lot owner’s yard for maintenance
and inspection of plantings and for the replacement of
plantings to comport with the approved landscape plan.
Maintenance of all trees, plants, shrubbery, buffer screens
and site element screens shown on said plan shall become the
responsibility of each lot owner after the period of eighteen
(18) months from the date of planting has passed.”
(j) Plant Material List. Unless specifically stipulated within

this Chapter, the following is an approved list of selected trees, hedges
and/or shrubs which may be utilized to meet the standards and
specifications of Subsection 517. Species selection shall be based upon
existing physical and natural conditions of the site.
(1) Shade or Canopy Trees: suitable for street trees or

parking lots (minimum mature height: thirty feet (30’) or more).
Scientific Name Common Name
Acer rubrum Red maple (native)

Celtis sp. Hackberry (native)
Cladrastis lutea Yellow wood (native)
Corylus colurna Turkish filbert
Fraxinus pennsylvanica lanceolata Marshall's seedless
cv. marshall's seedless ash (native)
Gleditsia triacanthos, inermis Thornless Honeylocust
Koelreuteria paniculata Golden rain tree
Quercus alba White oak (native)
Quercus bicolor Swamp white oak (native)
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Quercus borealis North red oak (native)

Quercus coccinea Scarlet oak (native)
Quercus imbricaria Shingle oak (native)
Quercus palustris Pin oak (native)
Quercus phellos Willow oak (native)
Quercus prinus Chestnut oak (native)
Quercus rubra Red oak (native)
Robinia pseudoacacia Black locust (native)
Sophora japonica Japanese pagodatree
Tilia americana American linden (native)
Tilia cordata Littleleaf linden
Tilia tomentosa Silver linden
Ulmus parvifolia Chinese lacebark elm
Zelkova serrata Japanese zelkova
(2) Shade or Canopy Trees: suitable for low-intensity

property line buffer screens and nonvehicular use areas only
(minimum mature height: thirty feet (30’) or more).
Acer saccharum Sugar maple (native)

Betula lenta Sweet birch (native)
Betula nigra River birch (native)
Carya ovata Shagbark hickory (native)
Carya sp. Hickory (native)
Fagus grandifolia American beech (native)
Fraxinus americana White ash (native)
Liriodendron tulipifera Tuliptree (native)
Metasequoia glyptostroboides Dawn redwood
Ostrya virginiana Hop-hornbeam (native)
Phellodendron amurense Amur corktree
Prunus virginiana Chokecherry (native)
Quercus alba White oak (native)
Quercus coccinea Scarlet oak (native)
Quercus palustris Pin oak (native)
Quercus vellutina Black oak (native)
Sassafras albidum Sassafras (native)
(3) Ornamental Trees: suitable for low-intensity property

line buffer screens (minimum mature height: fifteen feet (15’) or
more).
Amelanchier canadensis Serviceberry (native)

Cercis canadensis Redbud (native)
Chionanthus virginicus Fringetree (native)
Cornus kousa Japanese dogwood
Cornus mas Cornelian cherry
Crataegus cv. Toba Toba hawthorn
Crataegus mollis Downy hawthorn
Crataegus oxycantha English hawthorn
Crataegus phaenopyrum Washington hawthorn
Halesia carolinia Silverbells (native)
Hamamelis virginiana Witch hazel (native)
Koelreuteria paniculata Golden rain tree
Laburnum vossi Goldenchain
Magnolia virginiana Sweetbay magnolia (native)
Malus sp. Crab apple species (native)
Oxydendrum arboreum Sourwood (native)
Prunus sargentii Sargent cherry
Prunus serrulata cv. kwanzan Kwanzan cherry
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Pyrus calleryana cv. redspire Redspire pear

Sorbus aucuparia European mountain ash
Styrax japonica Japanese snowbell
Syringa amurensis japonica Japanese tree lilac
(4) Evergreen Trees: suitable for high-intensity property

line buffer screens (minimum mature height: twenty feet (20’).
Chamaecyparis Sp.
Ilex opaca American holly (native)
Picea abies Norway spruce
Picea pungens Colorado spruce
Picea glauca White spruce
Pinus strobus White pine (native)
Pseudotsuga menziesee Douglas fir
Taxus Sp.
(5) Canopy Trees: suitable for stormwater detention basins.

2
Acer rubrum Red maple(native)
1
Acer saccrarinum Silver maple(native)
1
Betula nigra River birch(native)
1
Fraxinus americana White ash(native)
1
Ilex opaca American holly(native)
2
Liquidambar styraciflua Sweet gum(native)
1
Nyssa sylvatica Black gum(native)
1
Quercus phellos Willow oak(native)
2
Quercus bicolor Swamp white oak(native)
1
Quercus palustris Pin oak(native)
2
Taxodium distichum Bald cypress
NOTES:
1
Suitable for usually well-drained areas that may be subject to
occasional flooding.
2
Suitable for permanently wet areas.
(6) Deciduous Evergreen Ornamental Trees: suitable for

stormwater detention basins.

1
Amelanchier canadensis Shadblow serviceberry (native)
1
Carpinus carolinia Ironwood(native)
1
Chionanthus virginicus Fringetree(native)
1
Magnolia virginiana Sweetbay(native)
2
Salix caprea Willow Sp.
2
Salix discolor Willow Sp. (native)
NOTES:
1
2
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(7) Deciduous/Evergreen Shrubs: suitable for stormwater

detention basins.

2
Aronia arbutifolia Red chokeberry(native)
1
Calycanthus floridus Sweetshrub
2
Cephalanthus occidentalis Buttonbush(native)
2
Clethra alnifolia Summersweet(native)
2
Cornus amomum Silky dogwood(native)
2
Cornus serica Red-stem dogwood(native)
1
Hamamelis virginiana Witch hazel(native)
2
Ilex glabra Inkberry(native)
2
Ilex verticillata Winterberry(native)
1
Lindera benzoin Spicebush(native)
1
Myrica cerifera Southern bayberry(native)
2
Myrica pennsylvanica Northern bayberry(native)
2
Rhododendron nudiflorum Pinxterbloom azalea(native)
2
Rhododendron viscosum Swamp azalea(native)
1
Sambucus canadensis Elderberry(native)
2
Viburnum dentatum Arrowwood(native)
Viburnum acerifolium Maple Leaf Viburnum (native)
1
Viburnum lentago Nannyberry (native)
1
Viburnum trilobum American cranberry (native)
NOTES:
1
2
(8) Herbaceous Perennials: suitable for stormwater detention

basins.

1
Aster novae angliae New England aster(native)
1
Chrysanthemum lencanthemem Ox-eye daisy
1
Echinacea purpurea Purple cornflower
1, 2
Eupatorium dubium Joe-pye weed(native)
1, 2
Eupatorium fistulosum Hollow joe-pye weed (native)
2
Hibiscus moshentos Rose mallow (native)
2
Iris versicolor Blue flag (native)
1, 2
Lobelia cardinalis Cardinal flower (native)
1, 2
Lobelia siphilitica Blue lobelia (native)
1
Monarda didyma Bee balm (native)
1, 2
Panicum virgatum Switchgrass (native)
Pharlaris arundinaceae Canary reed grass (native)
1
Rudbeckia sp. Black-eyed susan (native)
2
Scirpus acutus Hard stem bulrush (native)
2
Spartina alternifolia Cordgrass
2
Typha angustifolia Narrowleaf cattail (native)
2
Typha latfolia Common cattail (native)
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1, 2
Veronica noveboracensis New York iron weed(native)
NOTES:
1
2
Suitable for permanently wet areas.”
(Ordinance 135, November 18, 1992; as amended by Ordinance 217, September 6,

2005, Section 7; as further amended by Ordinance 235, April 17, 2007, Section 5)
Section 518. Community Facilities.
(a) During the review phase of a subdivision or land development

plan, the Township will consider the adequacy of the existing or proposed
community facilities to serve the proposed development.
(b) The developer shall give earnest consideration to the

desirability of providing or reserving areas for community facilities
normally required in residential neighborhoods, including educational
facilities, utility services, emergency management facilities and
recreational facilities.
(c) Areas provided or reserved for community facilities should be

adequate to provide adequate land area for any proposed buildings and off-
street parking. Such areas should be located in an area of the
development which is accessible to the general public.
(Ordinance 135, November 18, 1992, Section 518.1)
Section 519. Recreation and Open Space.
(a) Park and Recreation Purposes. Pursuant to the procedures and

requirements of the Pennsylvania Municipalities Planning Code (Act 247),
as amended, the Board of Supervisors have prepared and enacted a Park and
Recreation Plan. This particular Plan has been developed for the
following purposes:
(1) To guide, control and regulate growth and development

into the 21st century.
(2) To examine existing parks, recreational facilities and

open space in light of current and projected demands.
(3) To establish the future need for parks, open space and
recreation areas and facilities.
(4) To establish priorities for immediate and long-range

acquisition, development and improvement of parks and recreation
facilities.
(5) To analyze the administration and management of
facilities and services to determine the level of efficiency and
recommend improvements.
(6) To examine funding options in order to acquire, develop,

construct and/or maintain recreation facilities and open space.
(7) To implement the established goals, objectives and

policies identified within the Township Comprehensive Plan of 1990,
as amended.
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(b) General Provisions.
(1) All applicants, excepting only those seeking approval of

a subdivision which would consist of three (3) or less single-family
residential units, shall, concurrent with the submission of a final
plan of subdivision or land development, offer for dedication a
portion of the land being subdivided or developed, as hereinafter
set forth, as public recreation area.
(2) Such public recreation area shall provide adequate open

space and recreation land and facilities accessible to such
subdivisions or developments.
(3) Such recreation area shall not be part of any lot, but
it shall be dedicated to the Township or, in the sole discretion of
the Board of Supervisors, to a public trust or association, which
will perpetually maintain the property for the purposes intended for
full access and use by the general public constituting the
residents, constituents and invitees of the Township, the
documentation for which shall be submitted to and be subject to the
approval of the Board of Supervisors and, in the case of a public
trust or association, if authorized in the sole discretion of the
Board of Supervisors, shall provide that said real estate is to be
used and occupied exclusively as park and recreation area, is not to
be the subject of further subdivision or land development, that the
document establishing title to the same shall contain language that
said real estate is not subject to further subdivision or land
development as a condition running with title to the land and that
the public trust or association shall bear all responsibility for
ownership and maintenance of said real estate and shall maintain the
same in a manner open to the general public constituting the
constituents, residents and invitees of the Township.
(4) All areas dedicated under the provisions of this Section

shall be consistent with the specific goals, objectives, plans and
recommendations of the Township Comprehensive Plan and the Township
Parks and Recreation Plan and are to be in accordance with the
definite principles and standards contained in this Chapter.
(5) In lieu of land dedicated for recreation purposes, a fee

may be paid, as hereinafter set forth.
(6) The amount and location of land to be dedicated or the

fees to be paid shall bear a reasonable relationship to the use of
the park and recreation facilities by future residents, occupants,
employees or visitors to the subdivisions or land developments.
(c) Standards for Land Dedication.
(1) Any land dedicated to the Township shall be used only

for park, recreation or open space purposes and shall be available
to all residents of the Township, subject to such regulations and
rules as may be recommended by the Township Parks and Recreation
Board and/or adopted by the Board of Supervisors.
(2) The land to be dedicated shall have size, dimensions,

topography, access and general character suitable for its proposed
recreational use, as determined by the Board of Supervisors, in
conjunction with the Township Park and Recreation Board and the
Township Planning Commission. Any land not suitable for active or
passive recreation shall not be accepted as dedicated land, this
includes areas within storm water basins that could not be used for
recreation.
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(3) Consideration shall be given to preserving natural

features, including rocks and rock outcrops, large trees and tree
stands, watercourses, historic structures and areas, and other
community assets that would enhance the value and aesthetic
qualities of the development.
(4) The land shall be easily and safely accessible from all
residential or occupied areas within the development or the general
area to be served, and it shall have road frontage or, subject to
the discretion of the Board of Supervisors, suitable access, ingress
and egress from a public roadway for maintenance purposes.
(5) The land shall be contiguous and regular in shape, where

possible and practical.
(6) The Board of Supervisors may, at its discretion, require

that land to be dedicated be located along a property boundary so
that such land may be combined with dedicated land or other
recreation areas that are or will be adjacent to the land to be
dedicated.
(7) The land shall be located on soils suitable for use and
development as a recreation area.
(8) No more than twenty-five percent (25%) of the land shall

have a slope in excess of seven percent (7%).
(9) No more than twenty-five percent (25%) of the land shall

be within floodplain, hydric soil overlay or wetland areas.
(10) The land shall be easily accessible to all necessary

utilities.
(11) The land shall be designed and developed for its

intended park or recreation use in accordance with the
recommendations for such as contained in the National Recreation and
Park Association’s Recreation Park and Open Space Standards and
Guidelines, 1983, as amended.
(12) A minimum of thirty-eight thousandths (0.038) acre of

land shall be offered for dedication for each residential lot,
dwelling unit or combination thereof, excluding only those
subdivisions comprised of three (3) or less tracts or parcels of
real estate for single-family detached residential development and
which have not been the subject of prior subdivisions or land
development submissions consisting in total of three (3) or less
tracts or parcels of real estate, and a minimum of one hundredth
(0.01) acre of land shall be offered for dedication for each one
thousand (1,000) square feet of building, structure or improvement
proposed for any nonresidential land development plan.
(13) No contiguous area of land shall be considered for

dedication if it is less than one-half (0.5) acre, and in no event
shall the area proposed for dedication be less than fifty feet (50')
in width; and the Board of Supervisors shall have the discretion not
to approve or accept any area of land if it determines that the
contiguous area of the same is insufficient to adequately serve as
or provide park and recreation area.
(14) When land is dedicated, acceptance by the Township shall

be by means of a signed resolution and a signed deed of dedication
executed by the property owner, to which a property description of
the dedicated area shall be attached. Subject to the submission of
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documentation to the Board of Supervisors for its approval, a fee

simple warranty deed conveying the property shall be delivered to
the Township with title free and clear of all liens, encumbrances
and conditions, other than public utility easements.
(d) Standards for Fees in Lieu of Land Dedication.
(1) Subject to the discretion of the Board of Supervisors,

payment of a fee in lieu of land dedication shall be required (i)
where land dedication would result in open space or recreation areas
too small to be usable, (ii) if the Township Comprehensive Plan or
the Township Parks and Recreation Plan recommends recreation land be
provided elsewhere, or (iii) if a suitable site for recreation
cannot be located within the development.
(2) The applicant shall tender to the Township prior to or

concurrent with final plan approval a fee in lieu of dedication
calculated in an amount equal to Seventy-Five Thousand Dollars
($75,000.00) per acre, or in proportionate rate for any portion
thereof, as hereinbefore required to be dedicated with regard to
each such subdivision or land development.
(3) All fees paid in lieu of land dedication shall be used

only for (i) the acquisition of land for parks, recreation areas and
facilities, and open space, (ii) the construction of improvements on
such land, and (iii) costs incidental to such purposes, including
but not limited to planning, engineering, design, administrative and
legal fees, utility relocation or installation, construction of
sewage or water facilities, vehicular and pedestrian access, signage
and the purchase of park equipment.
(4) All fees paid to the Township shall be deposited in a

separate interest-bearing account established for such fees, the
records for which shall clearly identify the specific recreational
facilities for which such fees have been received. Interest earned
on such fees shall become funds of that account and be subject to
distribution or expenditure for any and all costs and expenses as
hereinbefore identified. Funds from such accounts shall be expended
only in properly allocable portions of the costs incurred to
acquire, construct or improve the specific recreation facilities for
which the funds were collected.
(5) If the Township fails to use the collected fees in

accordance with this section within three (3) years of the date such
fees were paid, the applicant may submit a written request, on such
forms as are established by the Township, for the refund of such
fees, plus interest that accumulated thereon from the date of fee
payment, which request shall be reviewed and acted upon by the Board
of Supervisors within forty-five (45) days of the date of receipt.
(e) Combination of Land Dedication and Fees in Lieu of Land

Dedication.
(1) The Township may accept a combination of land dedication

and fees in lieu of land in order to meet the requirements and
standards of the Township Park and Recreation Plan. Such combination
shall be subject to the review and approval of the Board of
Supervisors.
(2) The resulting combination of land and fees shall not

exceed the total acreage to be developed or the acreage which
constitutes the basis of calculating the fee in lieu of dedication
required by this Chapter.
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(f) Decision of Land Dedication vs. Fees in Lieu of Land

Dedication.
(1) The Board of Supervisors shall determine whether land

dedication or fees in lieu of land dedication shall be required.
Such decision shall be made as early in the plan review process as
possible but not later than concurrent with the preliminary plan
approval.
(2) The Board of Supervisors shall, in reaching its

decision, consider the following factors, in addition to any other
factors that may be applicable to a particular plan:
(i) If the land in that location serves a valid

public purpose.
(ii) If there is a need to make a reasonable

addition to an existing park or recreation area.
(iii) If the land meets the objectives and

requirements of this section.
(iv) If the area surrounding the proposed

development has sufficient existing parks, recreation areas or
facilities, or open space, and if pedestrians or bicycles can
safely reach these areas.
(v) Any relevant policies of the Township

regarding parks, recreation areas and facilities, and open
space, including those within the Township Comprehensive Plan
and the Township Park and Recreation Plan.
(vi) Any recommendations regarding such land that

has been received from the Township and/or the County Planning
Commission, the Township Parks and Recreation Board, the
Township Engineer and/or the Daniel Boone School District.
(Ordinance 135, November 18, 1992, Section 518.2; as amended by Ordinance 153,
June 3, 1996, Sections 1-5; as further amended by Ordinance 249, October 1, 2008,
Section 1)
Section 520. Lighting Requirements and Design Standards.
(a) Purpose.
(1) To require and set minimum standards for

outdoor lighting for new subdivisions and land developments
to:
(i) Provide lighting in outdoor public

places where public health, safety and welfare are
potential concerns.
(ii) Protect drivers and pedestrian from

the glare of non-vehicular light sources that shine into
their eyes and thereby impair safe traverse.
(iii) Protect neighbors and the night sky

from nuisance glare and stray light from poorly aimed,
placed, applied, maintained or shielded light sources.
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(b) Applicability.
(1) Outdoor lighting shall be required for new

subdivisions and land developments for safety and
personal security in areas of public assembly and traverse;
including but not limited to the following: residential
developments, commercial, industrial, public-recreational, and
institutional uses.
(2) The Board of Supervisors may require

lighting be incorporated for other uses or locations, as they
deem necessary.
(3) The glare-control requirements herein

contained apply to lighting in all above mentioned uses as
well as, but not limited to architectural, landscaping, and
residential lighting.
(c) Illumination Levels.
Lighting, where required by this chapter, shall have

intensities and uniformity ratios in accordance with the
following:
Use/Task Maintained Uniformity

Footcandles Ave: Min
(i) Parking, residential, multi-family 0.4 Min. 4:1

- Low vehicular/pedestrian
activity
- Medium vehicular/pedestrian 0.6 Min. 4:1
activity
(ii) Parking industrial/commercial/

institutional/municipal
- High activity, e.g., regional
shopping centers/fast food
facilities, major athletic/
civic/cultural recreational
events 0.9 Min. 4:1
- Medium activity, e.g.,community
shopping centers, office parks
hospitals, commuter lots,
cultural/civic/ recreational
events 0.6 Min. 4:1
- Low activity, e.g., neighborhood
shopping, industrial employee
parking, schools, church parking 0.6 Min. 4:1
(ii) Walkways and bikeway 0.5 Avg. 5:1
(iii) Building entrances 5.0 Avg. ---
Notes:
- Illumination levels are maintained horizontal
footcandles on the task, e.g., pavement or area surface.
- Uniformity ratios dictate that average illuminance

values shall not exceed minimum values by more than the
product of the minimum value and the specified ratio.
E.g., for commercial parking high activity, the average
footcandles shall not be in excess of 3.6 [0.9 x 4].
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(d) Lighting Fixture Design.
(1) Fixtures shall be of a type and design appropriate to

the lighting application and aesthetically acceptable to the Board
of Supervisors.
(2) For lighting horizontal tasks such as roadways, pathways

and parking areas, fixtures shall meet IESNA “full cutoff” criteria
(not have more than two and one-half percent (2.5%) of their light
output emitted above ninety degrees (90°) at any lateral angle
around the fixture.
(3) The use of floodlighting, spotlighting, wall-mounted

fixtures, decorative globes and other fixtures not meeting IESNA
“full cutoff” criteria shall be permitted only with the approval of
the Board of Supervisors, based upon acceptable glare control.
(4) Fixtures shall be equipped with or be capable of being

back-fitted with light directing devices such as shields, visors or
hoods when necessary to redirect offending light distribution.
(5) Control of Nuisance and Disabling Glare
(i) All outdoor lighting required by this Chapter; on

private, residential, commercial, industrial, municipal,
recreational or institutional property; shall be aimed,
located, designed, fitted and maintained so as not to present
a hazard to drivers or pedestrians by impairing their ability
to safely traverse, i.e., disabling glare, and so as not to
create a nuisance by projecting or reflecting objectionable
light onto a neighboring use or property, i.e., nuisance
glare.
(ii) Floodlights and spotlights shall be so installed

or aimed that they do not project their output into the
windows of neighboring residences, adjacent uses, directly
skyward or onto a roadway.
(iii) Vegetation screens shall not be employed to serve

as the primary means for controlling glare. Rather, glare
control shall be achieved primarily through the use of such
means as cutoff fixtures, shields and baffles and appropriate
application of fixture mounting height, wattage, aiming angle
and fixture placement.
(iv) The intensity of illumination projected onto any

property from another property shall not exceed 0.1 vertical
footcandle, measured at thirty inches (30”) above the ground
at the property line.
(v) Fixtures meeting IESNA “full cutoff” criteria

shall not be mounted in excess of twenty-four feet (24’) above
grade. Fixtures not meeting IESNA “full cutoff” criteria
shall not be mounted in excess of sixteen feet (16’) above
grade except as specifically approved by the Board of
Supervisors.
(vi) Fixtures used for architectural lighting, e.g.,

facade, fountain, feature and landscape lighting, shall be
aimed so as not to project their output beyond the objects
intended to be illuminated.
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(6) Installation
(i) Electrical feeds for lighting standards shall be

run underground, not overhead.
(ii) Lighting standards in parking areas shall be placed

a minimum of five feet (5’) outside paved area, or on concrete
foundations at least thirty inches (30”) high above the
pavement, or suitably protected by other approved means.
(7) Maintenance
(1) Lighting fixtures and ancillary equipment shall be

maintained so as to always meet the requirements of this
Chapter.
(e) Residential Development Street Lighting.
(1) Street lights shall be provided at all street

intersections within a proposed subdivision or land development.
The Township may require additional street lights in order to
provide safe and convenient vehicular and/or pedestrian circulation.
(2) Electrical installations of all street lights shall be

in accordance with prevailing regulations and specifications
established by First Energy, or its successors or wholly owned
subsidiaries. Provided however, all street lights to be dedicated to
Amity Township shall be equipped with LED type light fixtures with
the correlated color temperature of the light to be determined by
the Board of Supervisors. Furthermore, all underground wiring
required for street light installation and operation must be placed
in conduit. It shall be the responsibility of the contractor or his
agent to have final construction inspected by an electrical
inspection agency and a written report attesting this fact submitted
to First Energy, or its successors or wholly owned subsidiaries,
there by allowing the utility to provide pole illumination.
(f) Recreational Facilities Lighting.
The nighttime illumination of outdoor recreational facilities

for such aerial sports as baseball, basketball, soccer, tennis,
track and field, and football typically necessitate higher than
normally allowed luminaire mounting heights and aiming angles,
utilize very high-wattage lamps and potentially produce unacceptable
levels of light trespass and glare when located near residential
properties. Permission to illuminate such facilities shall be
granted only when the Township is satisfied that the health, safety
and welfare rights of nearby property owners and the municipality as
a whole have been properly protected. When recreational uses are
specifically permitted by the Township for operation during hours of
darkness the following requirements shall apply:
(1) Recreational facilities for basketball, baseball,

football, soccer, miniature golf, tennis or track shall not be
illuminated if located within 500 feet (500’) of a residence.
(2) Maximum mounting heights for recreational lighting shall

be in accordance with the following:
(i) Basketball 20’

(ii) Football 70’
(iii) Soccer 70’
(iv) Lacrosse 70’
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(v) Baseball
Little League, softball 60’
Regulation field (90’ base paths) 70’
(vi) Miniature Golf 20’
(vii) Swimming Pool Aprons 20’
(viii)Tennis 30’
(3) To assist the Municipality in determining whether the

potential impacts of proposed lighting have been suitably managed,
applications for illuminating recreational facilities shall be
accompanied not only with information required under Section (g)
below but also by a visual impact place that contains the following:
(i) Plan view containing a layout of the recreational

facility and showing pole locations and the location of residences
or adjoining properties.
(ii) Elevations containing pole and luminaire mounting

heights, horizontal and vertical aiming angles and luminaire arrays
for each pole location.
(iii) Elevations containing initial vertical illuminance

plots at the boundary site, taken at a height of 5’ line-of-sight.
(iv) Elevations containing initial vertical illuminance

plots on the windowed facades of all residences facing and adjacent
to the recreational facility. Such plots shall demonstrate
compliance with the light trespass and glare control requirements of
this Chapter.
(v) A narrative describing the measure proposed to

achieve minimum off-site-disturbance.
(g) Plan Submission.
(1) Lighting plans shall be submitted to the municipality

for review and approval and shall include:
(i) Layout of the proposed fixture locations.
(ii) Isofootcandle plots for individual fixture

installations and ten by ten (10 x 10) foot illuminance-grid
plots for multi-fixture installations, that demonstrate
compliance with the intensities and uniformities set forth in
the Chapter.
(iii) Description of the equipment, including fixture

catalog cuts, photometrics, glare reduction devices, lamps,
control devices, mounting heights and mounting methods
proposed.
(iv) When requested by the Board of Supervisors, the

applicant shall submit a visual impact plan that demonstrates
appropriate steps have been taken to mitigate on-site and off-
site glare.
(v) Post-approval alterations to lighting plans or

intended substitutions for approved lighting equipment shall
be submitted to the Township for review and approval.
(h) Post Installation Inspection.
(1) The Township reserves the right to conduct a post-
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installation nighttime inspection to verify compliance with the

requirements of this Chapter, and if appropriate, to require
remedial action at no expense to the Township.
(i) Compliance Monitoring.
(1) Safety Hazards
(i) If Township judges a lighting installation creates

a safety or personal-security hazard, the person(s)
responsible for the lighting shall be notified and required to
take remedial action.
(ii) If appropriate corrective action has not been

effected within thirty (30) days of notification, the Township
may levy a fine for as long as the hazard continues to exist.
(2) Nuisance Glare and Inadequate Illumination Levels
(i) When the Township judges an installation produces

unacceptable levels of nuisance glare, skyward light,
excessive or insufficient illumination levels or otherwise
varies from this Chapter, the Township may cause notification
of the person(s) responsible for the lighting and require
appropriate remedial action.
(ii) If the infraction so warrants, the Township may

act to have the problem corrected as in (h)(1) above.
(j) Street Lighting Dedication.
(1) When street lighting is to be dedicated to the Township,

the applicant shall be responsible for all costs involved in the
lighting of streets and street intersections until the street is
accepted for dedication.
(2) Prior to dedication and in the event of the formation of

a homeowner’s association and/or property management declaration,
the Township shall require said agency to enter into an agreement
guaranteeing payment of all costs associated with dedicated street
lighting.
(Ordinance 198, August 2, 2003, Section 3; as amended by Ordinance 274, October

5, 2011, Section 4; as further amended by Ordinance 294, June 15, 2016, Section
1)
Section 521. Standards for Developments in the Planned Business/Office/

Industrial District.
(a) General Development Regulations.
(1) No storage of materials, equipment or goods shall be

permitted in a front yard. The storage of materials, equipment or
goods outside a building shall be screened from view from streets
and adjoining properties. Screening shall be reviewed and approved
by the Board of Supervisors.
(2) All manufacturing, printing, publishing, binding,

research, testing, experimentation and development activities shall
be conducted within a completely enclosed building or structure.
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(3) Areas for the servicing of refuse collection shall be

provided and shall be adequate in size and be so arranged that they
may be used without blockage or interference with the use of
accessways or parking facilities. Appropriate screening from
adjacent properties and from roads shall be required, in accordance
with 517 (h) of this Chapter.
(4) All means of ingress and/or egress shall be located at

least two hundred feet (200’) from any other intersecting street and
shall be designed to accommodate traffic in a safe and efficient
manner. The developer shall be responsible for the purchase and
installation of any traffic control devices and the construction of
additional acceleration and/or deceleration lanes as may be required
by the Pennsylvania Department of Transportation (PennDOT) or the
Township. The developer shall also be responsible for any pertinent
traffic studies that may be required by the Township and/or PennDOT.
(5) No individual lot shall have access to Weavertown Road,

Limekiln Road, Monocacy Hill Road, Valley Road, Brown’s Mill Road,
or Amity Park Road.
(6) LEED certified development is encouraged.
(b) Architectural Standards
(1) All buildings and signs proposed for a development shall

be of compatible architectural design. Consideration shall also be
given to the compatibility of architectural design with other
developments in the Planned Business/Office/Industrial District.
(2) All building exteriors shall be constructed of brick,

stone, glass, architectural metal panel or other materials approved
by the Board of Supervisors upon review of elevation drawings and/or
renderings submitted by the applicant.
(3) Architectural features shall be provided above the

roofline when necessary to conceal mechanical equipment from view.
(4) The architectural design of a proposed development,

including building elevation drawings, shall be submitted to the
Board of Supervisors for review and approval.
(5) LEED certified development is encouraged.
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Part 6
Section 601. Improvement Guarantees and Contracts.
(a) Completion of Improvements or Guarantees.
(1) No subdivision or land development plan shall be granted

final approval unless the streets, curbs, gutters, sidewalks,
walkways, street lights, water mains, sanitary sewers, fire
hydrants, storm sewers, storm water detention and/or retention
basins, other related drainage facilities, shade trees, buffer or
screen plantings, recreational facilities, open space improvements
and other infrastructure improvements as required by this Chapter,
have been provided and installed in accordance with this Chapter.
(2) In lieu of the completion of any improvements which may

be required as a condition for the final approval of the subdivision
or land development plan, including improvements and fees required
by this Chapter, the applicant shall deposit with the Township an
amount as hereinafter calculated to cover the costs of such required
improvements or common amenities, including but not limited to
streets, curbs, gutters, walkways, street lights, water mains,
sanitary sewers, fire hydrants, storm sewers, storm water detention
and/or retention basins, other related drainage facilities, shade
trees, buffer or screen plantings, recreational facilities, open
space improvements and other required improvements.
(3) A note shall be provided on all Plans indicating that

all improvements shall be located, designed, installed and/or
constructed in accordance with all standards specified by the
Township. The note shall also stipulate that all improvements shall
be reviewed, inspected and approved by the Township Engineer prior
to the issuance of any building permits and/or release of funds from
escrow.
(b) Certification of Approval.
(1) When requested by the applicant to facilitate financing,

the Board of Supervisors shall furnish the applicant with a signed
copy of a resolution indicating approval of the Final Plan
contingent upon the applicant obtaining satisfactory financial
security and executing a development agreement.
(2) The Final Plan shall not be signed nor recorded until
the financial security is tendered and a development agreement is
executed. The resolution or letter of contingent approval shall
expire and be deemed to be revoked if the financial security is not
tendered and the development agreement is not executed within ninety
(90) days of the date of the resolution or contingent approval. The
Board of Supervisors may, at its discretion, grant a written
extension which shall be placed in writing at the request of the
applicant.
(c) Acceptable Security. In addition to cash deposits and escrow

accounts, Federal or Commonwealth chartered lending institution
irrevocable letters of credit extending for a term of one (1) year beyond
completion of all improvements and restrictive or escrow accounts in such
lending institution shall be deemed acceptable financial security for the
purposes of securing the completion of the required improvements. Such
financial security shall be posted with the Township by a bonding company
XXVII-100
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or Federal or Commonwealth chartered lending institution chosen by the

applicant, provided such bonding company or lending institution is
authorized to conduct business within the Commonwealth of Pennsylvania.
Such bond, or other security, shall provide for, and secure to the public
the completion of any improvements which may be required on or before the
date fixed in the formal action of approval or accompanying agreement for
completion of the improvements.
(d) Amount of Security.
(1) The amount of financial security to be posted for the

completion of the required improvements shall be equal to one
hundred ten percent (110%) of the cost of completion estimated as of
ninety (90) days following the date scheduled for completion by the
applicant, and all administrative and engineering inspections, fees,
costs and expenses.
(2) The Township may adjust the amount of the financial

security on an annual basis by comparing the actual cost of the
improvements which have been completed and the estimated cost for
completion of the remaining improvements as of the expiration of the
ninetieth (90th) day after either the original date scheduled for
completion or a rescheduled date of completion. Subsequent to said
adjustment, the Township shall require the applicant to post
additional security in order to assure that the financial security
equals the one hundred ten percent (110%) and administrative and
engineering costs as specified above. Any additional security shall
be posted by the applicant.
(3) The amount of required financial security shall be based

upon an estimate of the cost of completion and inspection of the
required improvements, submitted by the applicant or applicants and
prepared by a professional engineer licensed as such in the
Commonwealth and certified by such engineer to be a fair and
reasonable estimate of all such costs.
(4) The Township, upon the recommendation of the Township

Engineer, may refuse to accept such estimate for good cause shown.
If the applicant or applicants and the Township are not able to
agree upon an estimate, then the estimate shall be recalculated and
recertified by another professional engineer licensed as such in the
Commonwealth and chosen mutually by the Township and the applicant
or applicants. The estimate certified by the third engineer shall
be presumed fair and reasonable.
(e) Increases in the Amount of Security. If the applicant

requires more than one (1) year from the date of posting the financial
security to complete the required improvements, the amount of financial
security shall be increased by an additional ten percent (10%) for each
one (1) year period or portion thereof beyond the first anniversary date
from posting of financial security or to an amount not exceeding one
hundred ten percent (110%) of the cost of completion and inspection of the
required improvements as reestablished on or about the expiration of the
preceding one (1) year period by using the procedure described above.
(f) Completion in Stages. In the case where development is

projected over a period of years, the Township may at its discretion
authorize approval of Final Plans by sections, stages or phases of
development with the understanding that no sale of lots and no work within
the areas reserved from development may commence until the required
contracts are signed and the financial security posted with respect to
those areas reserved from development. The Township shall also have the
right to impose additional requirements and conditions in connection with
XXVII-101
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the phases as they are approved so as to assure that each section or phase
will not be dependent for access or other improvement or common amenity
upon completion of improvements in the subsequent phase or stage.
(g) Releases of Escrow. As the work of installing the required

improvements proceeds, the party posting the financial security may
request the Board of Supervisors to release or authorize the release, from
time to time, of such portions of the financial security. Any such request
shall be in writing addressed to the Board of Supervisors and the Board of
Supervisors shall have forty-five (45) days from receipt of such request
within which the Township Engineer shall certify, in writing, to the
Township whether such portion of the improvements has been completed in
accordance with the approved Plan and applicable specifications. Upon
certification of completion, the Township shall authorize release by the
bonding company or lending institution of an amount as estimated by the
Township Engineer fairly representing the value of the improvements
completed or, if the Township fails to act within said forty-five (45) day
period, the Township shall be deemed to have approved the release of funds
as requested.
(h) Retention of Ten Percent. The Township shall, prior to

release at the time of completion and certification by the Township
Engineer, require retention of ten percent (10%) of the estimated cost of
the required improvements.
Section 602. Acceptance of Streets and Other Improvements.
(a) The Board of Supervisors shall at its discretion accept a part

or all of the required improvements if satisfied that the applicant has
complied with the approved Plan and all specifications and ordinances of
the Township.
(b) The applicant shall furnish the Township with legal

descriptions for all roads and easements. In addition, the applicant shall
provide two (2) complete sets of prints of the completed required
improvements, including drainage, profiles and utilities; and pay all
costs for the Clerk of Courts and Recorder of Deeds of Berks County
regarding the petition and resolution of the Board of Supervisors for its
acceptance of the required improvements and any deed of dedication for the
same.
(c) Unless permitted by the Township, no roads or other subsequent

improvements will be accepted by the Township during the period from
October 15 to April 15 of each year.
Section 603. Maintenance Guarantee. Where the Township accepts dedication

of all or some of the required improvements following completion, the Township
shall require the posting of financial security to secure the structural
integrity of said improvements as well as the functioning of said improvements in
accordance with the design standards and specifications as shown on the Final
Plan. The maintenance period shall be eighteen (18) months from the date of
acceptance of dedication. The financial security shall be of the same type as
described previously in this Chapter. The amount of financial security for
maintenance shall be fifteen percent (15%) of the actual cost of the installation
of said improvements.
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Section 604. Public Utilities and Municipal Authorities. If water mains

or sanitary sewer lines, or both, along with apparatus or facilities related
thereto, are to be installed under the jurisdiction and pursuant to the rules and
regulations of a public utility or municipal authority separate and distinct from
the Township, financial security to assure proper completion and maintenance
thereof shall be posted in accordance with the regulations of the controlling
public utility or municipal authority and shall not be included within the
financial security as otherwise required by the Township.
Section 605. Final Release from the Improvement Bond.
(a) Procedural Requirements.
(1) When the applicant has completed all of the necessary

and appropriate improvements, the applicant shall notify the
Township, in writing, by certified or registered mail, return
receipt requested, postage prepaid, of the completion of the
required improvements and shall send a copy thereof to the Township
Engineer. The Township shall, within ten (10) days after receipt of
such notice, direct and authorize the Township Engineer to inspect
all of the required improvements. The Township Engineer shall
thereupon file a report, in writing, with the Township and shall
promptly mail a copy of the same to the applicant by certified or
registered mail, return receipt requested, postage prepaid. The
report shall be made and mailed within thirty (30) days after
receipt by the Township Engineer of the aforesaid authorization from
the Township; and said report shall be detailed and shall indicate
approval or rejection of said improvements, or any portion thereof.
If the improvements are not approved or shall be rejected by the
Township Engineer, said report shall contain a statement of reasons
for such non-approval or rejection. The Township shall notify the
applicant, within fifteen (15) days of receipt of the Engineer’s
report, in writing, by certified or registered mail, return receipt
requested, postage prepaid, of the action of the Township.
(2) If the Township or the Township Engineer fails to comply

with the time limitation provisions contained within this Chapter,
all improvements will be deemed to have been approved and the
applicant shall be released from liability for installation,
pursuant to its performance guarantee bond, or other security
agreement, but shall be liable for and shall provide a maintenance
guarantee as otherwise provided for herein.
(3) If any portion of said improvements shall not be

approved or shall be rejected by the Township, the applicant shall
proceed to complete the same and, upon completion, the same
procedure of notification, as outlined above, shall be followed.
(b) Reimbursement of Inspection Expenses. The applicant shall

reimburse the Township for the reasonable and necessary expenses incurred
for the inspection of the improvements. Fees shall be based on a fee
schedule adopted by resolution of the Board of Supervisors from time to
time.
(c) Remedies to Effect Completion of Improvements. In the event

that any required improvement have not been installed as provided for in
these regulations, or in accordance with the approved Final Plan, the
Township shall have the power to enforce any corporate bond, or other
security, by appropriate legal and equitable remedies. If the proceeds of
such bond, or other security, are insufficient to pay the cost of
installing or making repairs or corrections to all of the improvements
XXVII-103
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covered by said security, the Township may, at its option, install part of
or all such improvements in the subdivision or land development and may
institute appropriate legal action to recover the monies necessary to
complete the remainder of the improvements.
(d) Improvement Contract. In addition to the posting of security,

the applicant shall be required to enter into a contract with the
Township, in a form acceptable to the Township Solicitor, covering the
completion of the required improvements. The contract shall also provide
for engineering inspections, insurance, reimbursement of expense to the
Township, procedure upon default, and other subjects deemed necessary by
the Township Solicitor to ensure proper and reasonable development of the
land.
Section 606. Contributions and Fees.
(a) The applicant shall reimburse the Township for all reasonable
administrative and professional expenses, including but not limited to
engineering, legal and/or consultant fees. Prior to the filing of a
Preliminary Plan, and prior to the filing of a Final Plan, the applicant
shall pay to the Township the appropriate non-refundable filing fee and an
escrow deposit to defray the professional expenses incurred by the
Township in accordance with the fee schedule adopted by the Board of
Supervisors. Thereafter, as the escrow deposit for expenses is expended,
the applicant shall make further deposits upon notice from the Township
until approval of the Plan. Upon approval of the Final Plan, the Township
shall refund any uncommitted portion of the deposit remaining after
expenses incurred by the Township have been paid in full by the applicant.
To the engineering and legal fees required to be paid to the Township by
this Part, there shall be added a percentage of these costs (in accordance
with the fee schedule adopted by the Board of Supervisors from time to
time) as reimbursement to the Township of the costs incurred by the
Township for the collection of such fees and the disbursement of the same
to the Township Engineer and the Township Solicitor.
(b) All fees and contributions which may be required for

transportation improvements, recreation facilities, community facilities
and/or other infrastructure improvements shall be paid by the applicant
prior to final approval of the subdivision or land development plan.
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Part 7
(a) Before voting on the enactment of a proposed amendment to this

Chapter, the Board of Supervisors shall hold a public hearing pursuant to
public notice. The amendment or a summary setting forth the principal
provisions of the amendment shall be published once each week for two (2)
successive 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) and the second publication
shall not be less than seven (7) days from the date of the hearing. The
notice shall include a reference to the place within the Township where
copies of the proposed amendment may be secured or examined.
(b) In case of an amendment other than that prepared by the

Planning Commission, the Board of Supervisors shall submit each such
amendment to the Planning Commission for recommendation at least thirty
(30) days prior to the date fixed for the public hearing on such proposed
amendment.
(c) The recommendation of the Planning Commission shall be made in

writing to the Board of Supervisors within forty-five (45) days. The
recommendation shall include a specific statement as to whether or not the
proposed amendment is in accordance with the objectives of the Amity
Township Comprehensive Plan.
(d) At least thirty (30) days prior to the hearing on the proposed
amendment, the Board of Supervisors shall submit the proposed amendment to
the Berks County Planning Commission for recommendations.
(e) The recommendation of the Berks County Planning Commission

shall be made to the Board of Supervisors within forty-five (45) days and
the proposed action shall not be taken until such recommendation is made.
If, however, the County Planning Commission fails to act within forty-
five (45) days, the Board of Supervisors shall proceed without its
recommendation.
(f) Before voting on the enactment of a proposed amendment to this

Chapter, the Board of Supervisors shall publish the proposed amendment
once in one (1) newspaper of general circulation in the Township not more
than sixty (60) days nor less than seven (7) days prior to passage.
Publication of the proposed amendment shall include either the full text
or the title and a brief summary, prepared by the Township Solicitor and
setting forth all the provisions in reasonable detail.
(g) In the event substantial amendments are made to the proposed

amendment before voting on enactment, the Board of Supervisors shall, at
least ten (10) days prior to enactment, re-advertise in one (1) newspaper
of general circulation in the Township, a brief summary setting forth all
the provisions in reasonable detail together with a summary of the
amendments.
XXVII-105
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Section 702. Records. The Planning Commission and the Board of

Supervisors shall keep a record of their findings, decisions and recommendations
relative to all subdivision and land development plans filed for review and
action. Such records shall be made available to the public for review.
Section 703. Preventive Remedies.
(a) In addition to other remedies, the Township may institute and

maintain appropriate actions by law or in equity to restrain, correct or
abate violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises. The
description by metes and bounds in the instrument of transfer or other
documents used in the process of selling or transferring shall not exempt
the seller or transferor from such penalties or from the remedies
provided.
(b) The Township may refuse to issue any permit or grant any
approval necessary to further improve or develop any real property which
has been developed or which has resulted from a subdivision of real
property in violation of this Chapter.
Section 704. Enforcement Remedies. Any person, partnership or corporation

who or which has violated the provisions of this Chapter shall, upon being found
liable in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than Six Hundred Dollars ($600.00) plus all court costs,
including reasonable attorney fees incurred by the Township. Judgments shall
commence or be imposed as provided for in Section 515.3 of the Pennsylvania
Municipalities Planning Code (Act 247), as amended.
XXVII-106
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Part 8
Appendices
Section 801. Appendix A - Application Form for Subdivision and Land

Development Review.
(Ordinance 135, November 18, 1992, Appendix A)
XXVII-107
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AMITY TOWNSHIP
BEKKS COUNTY PA
APPLICATION FORM FOR SUBDIVISION AND LAND DEVELOPMENT REVIEW
NAME OF DEVELOPMENT:__________________________________________________________
LOCATION:_____________________________________________________________________
DATE OF APPLICATION:________________________________
______ SKETCH PLAN

______ PRELIMINARY PLAN
______ FINAL PLAN ______ NEW SUBMISSION
______ ANNEXATION PLAN
______ MINOR SUBDIVISION PLAN ______ RE-SUBMISSION
______ REVISED PLAN OF RECORD
______ PRD APPLICATION
LANDOWNER’S NAME:_____________________________________________________________
ADDRESS:________________________________________________________________
TELEPHONE NUMBER:____________________________
APPLICANT’S NAME:_____________________________________________________________
ADDRESS:________________________________________________________________
INTEREST: ______ EQUITABLE OWNER ______ AGENT
ENGINEER OR SURVEYOR
RESPONSIBLE FOR PLAN PREPARATION:_____________________________________________
ADDRESS:________________________________________________________________
FAX NUMBER:__________________________________
TOTAL ACREAGE:____________ ACREAGE BEING DEVELOPED:________________
TOTAL NUMBER OF LOTS/UNITS:__________
TYPE OF LAND USE PROPOSED:
______ SINGLE FAMILY DETACHED ______ MOBILE HOME

______ SINGLE FAMILY SEMI-DETACHED ______ COMMERCIAL
______ TWO-FAMILY DETACHED ______ INDUSTRIAL
______ TOWNHOUSES ______ MUNICIPAL
______ APARTMENTS ______ OTHER
WATER SUPPLY: ______ON-LOT ______PUBLIC ______OTHER
SEWAGE DISPOSAL: ______ON-LOT ______PUBLIC ______OTHER
ZONING DISTRICT(S):___________________________________________________________
ZONING CONFLICTS/CHANGES:_____________________________________________________
LINEAR FEET OF NEW STREETS PROPOSED:___________________
XXVII-108
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ARE THE PROPOSED STREETS TO BE DEDICATED?_______________________
TYPE OF OFF-STREET PARKING PROPOSED:

______GARAGES ______DRIVEWAYS ______OTHER ______NONE
WILL CONSTRUCTION BE UNDERTAKEN IMMEDIATELY?______________________________
AVERAGE SELLING PRICE: $______________LOT $_______________HOUSE/UNIT
ACREAGE PROPOSED FOR RECREATION OR OPEN SPACE:________________
I HEREBY ACKNOWLEDGE AND REQUEST REVIEW OF THIS APPLICATION. TO THE BEST OF MY

KNOWLEDGE, ALL THE INFORMATION IDENTIFIED ABOVE IS TRUE, CORRECT AND COMPLETE.
IN ADDITION, I HEREBY AUTHORIZE THE BOARD OF SUPERVISORS, PLANNING COMMISSION
MEMBERS, ZONING OFFICER, CODE ENFORCEMENT OFFICER, TOWNSHIP MANAGER, TOWNSHIP
ENGINEER, TOWNSHIP SOLICITOR AND TOWNSHIP SEWAGE ENFORCEMENT OFFICER TO ENTER THE
EXTERIOR PREMISES OF THIS PROPERTY WHILE THE PROPOSED PLAN IS BEING CONSIDERED
FOR MUNICIPAL APPROVAL.
APPLICANT’S SIGNATURE____________________________ DATE_______________
LAND OWNER’S SIGNATURE___________________________ DATE_______________
FOR MUNICIPAL USE ONLY
NAME OF APPLICATION:__________________________________________________________
APPLICATION DATE:_________________ FILE NUMBER:________________________
MUNICIPAL REVIEW FEE COLLECTED: $__________________
PLANNING COMMISSION ACTION:___________________________________________________

DATE:__________________________
BOARD OF SUPERVISORS ACTION:__________________________________________________
DATE:__________________________
XXVII-109
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Section 802. Appendix B - Model Formats.
(Ordinance 135, November 18, 1992, Appendix B)
AMITY TOWNSHIP
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
APPENDIX B
MODEL FORMATS
CERTIFICATE OF OWNERSHIP, ACKNOWLEDGMENT OF PLAN

AND OFFER OF DEDICATION
On this, the ______ day of _____________, 20___, before me, the undersigned
officer, personally appeared (Name of Owner) , who being duly sworn
according to law, deposes and says that he is the owner or equitable owner of the
property shown on this Plan, that the Plan was prepared at his direction, and
that he acknowledges the same to be his act and plan, and desires the same to be
recorded as such according to law, and that all streets shown and not heretofore
dedicated are hereby dedicated to public use.
________________________________ ____________________________________
Notary Public Name/Seal Owner/Equitable Owner
Commission Expiration Date
CERTIFICATE OF ACCURACY
I hereby certify that the Plan shown and described hereon is true and correct to
the accuracy required by the Amity Township Subdivision and Land Development
Ordinance.
________________________________ ______________________
Engineer or Surveyor Date
Seal
XXVII-110
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CERTIFICATE FOR APPROVAL BY THE PLANNING COMMISSION
At a meeting held on _____________________, 20___, the Amity Township Planning

Commission, by motion, approved the (Name of Subdivision or Land Development
Plan), as shown and described hereon.
__________________________________ ________________________________
__________________________________ ________________________________
__________________________________
CERTIFICATE FOR APPROVAL BY THE BOARD OF SUPERVISORS
At a meeting held on ___________________, 20___, the Amity Township Board of

Supervisors, by motion, approved the (Name of Subdivision or Land Development
Plan), as shown and described hereon.
___________________________________ __________________________________
___________________________________ __________________________________
___________________________________
XXVII-111
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Section 803. Appendix C - See Chapter XXVI, Streets, Sidewalks, Driveways

and Curbs, Part 2, Street Pavings.
(Ordinance 135, November 18, 1992, Appendix C)
Section 804. Appendix D - See Chapter XXVI, Streets, Sidewalks, Driveways

and Curbs, Part 4, Sidewalks, Curbs and Gutters.
(Ordinance 135, November 18, 1992, Appendix D)
XXVII-112
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Section 805. Appendix E - As-Built Plan Requirements.
(Ordinance 165, April 26, 1999, Section 24; as amended by Ordinance 274, Section
5)
APPENDIX E
AS-BUILT PLAN REQUIREMENTS
The Developer’s Engineer is required to submit As-Built Plans prior to the

dedication and/or acceptance of any municipal improvements within the
subdivision/land development.
The following is a list of items to be provided and/or shown on the Plans:
(1) Plan Scale - no smaller than one inch (1") = fifty feet (50')
(2) Information to be shown:
(a) Street cartway and width, including curb and/or shoulder, right-of-
way with widths dimensioned and Horizontal and Vertical curve data,
transitions for the curb and cartway, and street grades along
centerline;
(b) Sidewalk including width and all handicap ramps;
(c) Driveway locations and widths;
(d) Curb with elevations on P.C. and P.T. at intersections;
(e) Street monuments with elevations;
(f) Public utility lines (gas, electric, cable, telephone); or PA ONE
CALL NOTE;
(g) Storm sewer lines and all storm sewer facilities with complete
information;
(h) Public water lines and services appurtenances such as valves,
hydrants, services;
(i) Public sanitary sewer lines and all facilities; including lateral
locations, lengths and depths at end of lateral;
(j) Size (volume) by contours of detention basins;
(k) Type and elevations of basin outlet;
(l) Width and elevation of the basin emergency spillway;
(m) Width and elevation of the top of the basin berm;
(n) Street lights and electrical conduit from the power source to street
lights;
(o) Street name and all traffic control signs; and
(p) Street address for each lot.
(3) Reproducible mylars are to be furnished after the Plans have been reviewed
and approved.
(4) As-Built Plans will also be submitted in electronic format that is
compatible with the Township’s GPS software and GIS system.
NOTE:
(1) The Township and/or Engineer may require additional information if deemed
necessary.
(2) All Municipal improvements which are required by Chapter XXVII entitled
Subdivision and Land Development of the Township Code of Ordinances shall
be provided on the As-Built Plans.
XXVII-113
LAB AMITY CODE 13404-10 07/06/16 #C57648-03
Section 806. Appendix F - Well Abandonment Procedure.
APPENDIX F
WELL ABANDONMENT PROCEDURE
The sealing of abandoned water wells is covered under Act 610, Water Well
Drillers Licensing Act. This regulation makes it the legal responsibility of the
well owner to seal effectively any abandoned water well on their property.
Improperly abandoned wells are a threat to public health. Wells should be

properly abandoned to eliminate the physical hazard, prevent groundwater
contamination, maintain yield and hydrostatic head and to prevent exchange of
water between various zones.
Each abandonment should be considered individually. Questions on abandonment in

multi aquifer systems, limestone aquifers, screened or gravel packed wells or
artesian aquifers should be referred to the regional hydrogeologist. Most of the
situations that we will encounter concern wells in unconfined aquifers. The
following are general guidelines for well abandonment.
Casing should be pulled or perforated unless the casing in place has been
properly grouted.
Fill must be free of organic materials and naturally occurring clays.

Disinfected fill material must be used. A concentration of at least one hundred
(100) PPM available chlorine (per two (2) times well volume) must be achieved
prior to backfilling. Sodium hypochlorite or calcium hypochlorite should be used
to disinfect.
A neat cement, grout or concrete plug must be provided from near the ground
surface to ten feet (10') below the top of the uncreviced bedrock or to below the
casing depth, whichever is deeper. Another option is to fill the entire well with
neat cement grout. All grout, cement or concrete must be placed in one continuous
motion from the bottom up. It must not be dumped in from the top.
The location of the abandoned well should be fixed by “tying in” with a permanent
reference point (ex: bench mark).
The abandonment of a well can become complex. When specific information about a
well is available from drillers logs or physical logging methods some variation
from the guidelines can be allowed. In the absence of that date the guidelines
should be followed.
XXVII-114
NLP AMITY CODE 13404-10 C28 12/28/00 #104713
CHAPTER XXVIII
SWIMMING POOLS
XXVIII-1
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CHAPTER XXIX
TAXATION, SPECIAL
Part 1
Earned Income Tax

Section 102. Imposition of Taxes
Section 103. No Exemption from Tax
Section 104. Individual Tax Returns and Payments
Section 105. Employer Withholding, Remittance and Tax Returns
Section 106. Tax Collector
Section 107. Suit for Collection of Tax
Section 108. Authorization
Part 2
Per Capita Tax

Section 202. Imposition of Tax
Section 203. Collection of Tax
Section 204. Tax Collector Bonding
Section 205. Warrant for Collection
Section 206. Compensation of Tax Collector
Section 207. Notice to Taxpayers
Section 208. Powers of Tax Collector
Part 3
Realty Transfer Tax

Section 302. Authority
Section 304. Imposition of Tax; Interest
Section 305. Exempt Parties
Section 306. Excluded Transactions
Section 307. Documents Relating to Associations or Corporations and Members,
Partners, Stockholders or Shareholders
Section 308. Acquired Company
Section 309. Credits Against Tax
Section 310. Extension of Lease
Section 311. Proceeds of Judicial Sale
Section 312. Duties of Recorder of Deeds
Section 313. Statement of Value
Section 314. Civil Penalties
Section 315. Lien
XXIX-1
LAB AMITY CODE 13404-10 C29 07/06/16 #102074-03
Part 4
Local Services Tax
Section 401. Authority of Enactment

Section 403. Imposition of Tax
Section 404. Nonresident Taxpayer
Section 406. Exemption Application
Section 407. Collection Through Employers
Section 408. Direct Payment by Taxpayers
Section 409. Administration and Enforcement
Section 410. Collection
Section 411. Refunds
XXIX-2
LAB AMITY CODE 13404-10 C29 07/06/16 #102074-03
Part 1
Earned Income Tax
All terms defined in the Local Tax Enabling Act shall have the meanings set
forth therein. The following terns shall have the meanings set forth herein:
(a) Collector. The Berks County Tac Collection Commission, d/b/a

Berks County Earned Income Tax Collection Bureau.
(b) Effective Date. The date of adoption of this Ordinance.
(c) Enactment. This Ordinance.
(d) Governing Body. The Board of Supervisors of the Township of

Amity.
(e) Local Tax Enabling Act. The Local Tax Enabling Act, as set
forth in 53 P.S. § 6901 et seq. while such numbering and provisions remain
in effect under Act 32 of 2008, and as set forth in 53 P.S. § 6924.101 et
seq. when such numbering and provisions become effective under Act 32, and
as amended in the future.
(f) TCC. The tax collection committee established to govern and

oversee the collection of earned income tax within the TCD under the Local
Tax Enabling Act.
(g) TCD. Any tax collection district to which the Taxing Authority
or any part of the Taxing Authority is assigned under the Local Tax
Enabling Act.
(h) Tax. All local earned income taxes, other taxes, penalties,
interest and the costs that the Collector collects on behalf of the Taxing
Authority under the Local Tax Enabling Act, 53 P.S. §6924.101 et seq., or
other statutory law.
(i) Taxing Authority. Township of Amity.
(j) Taxpayer. An employer or taxpayer that is liable for Tax.
(k) Tax Return. A form prescribed by the Collector for reporting

the amount of Tax or other amount owed or required to be withheld,
remitted, or reported under this Enactment of the Local Tax Enabling Act.
(j) Tax Year. The period from January 1 to December 31.
(Ordinance 35, January 16, 1970, Section 1; as amended by Ordinance 276, December
7, 2011, Section 1; as further amended by Ordinance 293, June 1, 2016, Section 1)
Section 102. Imposition of Taxes.
(a) General Purpose Resident Tax. The Taxing Authority hereby

imposes a Tax for general revenue purposes at the rate of one-half of one
percent (0.5%) on earned income and net profits of individual residents of
the Taxing Authority.
XXIX-3
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General Purpose Municipal Nonresident Tax. The Taxing

Authority also imposes a Tax for general revenue purposes at the rate of
one percent (1.0%) on earned income and net profits derived by an
individual who is not a resident of the Taxing Authority from any work,
business, profession, or activity, of any kind engaged in within the
boundaries of the Taxing Authority.
(b) Ongoing Tax. The Tax shall continue at the above rates during
the current Tax Year and each Tax Year thereafter, without annual re-
enactment, until this Enactment is repealed or the rate is changed.
(c) Combined Tax Rate Applicable to Residents. Currently, the

total rate applicable to residents of the Taxing Authority, including the
tax imposed by the School District and municipality in which the
individual resides, is one percent (1%).
(d) Municipal Tax Rate Applicable to Nonresidents. Currently, the

total rate applicable to non-residents working within the Taxing Authority
based on the municipal non-resident tax rate is one percent (1%).
(e) Local Tax Enabling Act Applicable. The Tax is imposed under
authority of the Local Tax Enabling Act, and all provisions thereof that
relate to a tax on earned income or net profits are incorporated into this
Enactment. Any future amendments to the Local Tax Enabling Act that are
required to be applied to a tax on earned income or net profits will
automatically become part of this Enactment upon the effective date of
such amendment, without the need for formal amendment of this Enactment,
to the maximum extent allowed by 1 Pa.C.S.A. § 1937.
(f) Applicable Laws, Regulations, Policies, and Procedures. The

Tax shall be collected and administered in accordance with: (1) all
applicable laws and regulations; and (2) regulations, policies, and
procedures adopted by the TCC or by the Collector. This includes any
regulations, policies, and procedures adopted in the future to the maximum
extent allowed by 1 Pa.C.S.A. § 1937.
7, 2011, Section 1)
Section 103. No Exemption from Tax. Although credits and deductions

against Tax are permitted under certain circumstances as provided in applicable
law and regulations, no individuals are exempt from Tax based on age, income, or
other factors.
7, 2011, Section 1)
Section 104. Individual Tax Returns and Payments. Every individual

receiving earned income or earning new profits in any Tax Year shall file Tax
Returns and pay Tax in accordance with the Local Tax Enabling Act.

October 22, 2002, Section 2; as further amended by Ordinance 276, December 7,
2011, Section 1)
Section 105. Employer Withholding, Remittance, and Tax Returns. Every

employer shall register, withhold, and remit Tax, and file Tax Returns in
accordance with the Local Tax Enabling Act.
7, 2011, Section 1)
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Section 106. Tax Collector. The Tax will be collected from individuals
and employers by the Collector.
7, 2011, Section 1)
Section 107. Suit for Collection of Tax. Individuals and employers are
subject to interest, penalties, costs and fines in accordance with the Local Tax
Enabling Act, including costs imposed by the Collector in accordance with the
Local Tax Enabling Act.
7, 2011, Section 1)
Section 108. Authorization. The Taxing Authority and the Collector hereby
authorize the engagement of a third-party collection agency to pursue and collect
delinquent Tax in situations where the amount of delinquent Tax owed is
relatively small and it is therefore cost-prohibitive for the Collector to
dedicate the upfront resources necessary to pursue such delinquent Tax. The
Taxing Authority hereby approves of the imposition on and collection of a fee
from any delinquent Taxpayer by any third-party collection agency engaged by the
Collector, provided such fee does not exceed twenty-five percent (25%) of the
amount of Tax collected from any such Taxpayer. Such authorization is pursuant
to the Municipal Claims and Tax Lien Act 53 P.S.§7101 et seq.” (Ordinance 293,
June 1, 2016, Section 2)
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Part 2
Per Capita Tax
Section 201. Short Title. This ordinance shall be known and may be cited
as the Amity Township Per Capita Tax Ordinance.
Section 202. Imposition of Tax. A per capita tax of Five Dollars ($5.00),
for the general operating expenses of the Township, is hereby levied and assessed
under the authority of the Act of General Assembly of the Commonwealth of
Pennsylvania, approved the 31st day of December, 1965, as amended, and known as
“The Local Tax Enabling Act”, upon each resident or inhabitant of the Township of
Amity eighteen (18) years of age and over, which tax shall be in addition to all
other taxes levied and assessed by the Township pursuant to any other laws of the
Ordinance 47, January 19, 1973, Section 1)
Section 203. Collection of Tax. Such tax shall be collected by the duly
elected or appointed tax collector of the Township of Amity in the same manner
and at the same time as other Township taxes are collected, as provided for by
the Local Tax Enabling Act, as amended and supplemented.
(Ordinance 47, January 19, 1973, Section 2).
Section 204. Tax Collector Bonding. The tax collector shall give bond
secured and conditioned for the collection and payment of such taxes as provided
by law for other Township taxes.
Section 205. Warrant for Collection. The entry of the per capita tax and
the tax duplicate and the issuance of such duplicate to the tax collector shall
constitute his warrant for the collection of the per capita tax hereby levied and
assessed.
Section 206. Compensation of Tax Collector. The expense of collection and

compensation of the tax collector shall be made in the same manner as is
currently provided for the expense of collection and compensation of the tax
collector for the Township of Amity.
Section 207. Notice to Taxpayers. The tax collector shall give notice to
the taxpayers of the amount of per capita tax due under this Part, at the same
time and in the same manner as provided for by the existing per capita tax due
and as provided by the Local Tax Enabling Act.
Section 208. Powers of Tax Collector. The tax collector shall have the
power to distrain and sell goods and chattels of a delinquent taxpayer and shall
have the remedies and means of collection as provided for in the Local Tax
Enabling Act.
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such unconstitutionality, illegality, or invalidity shall not effect or impair
any of the remaining provisions, sentences, clauses or sections or parts of this
Part.
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Part 3
Realty Transfer Tax
Section 301. Short Title. This Ordinance shall be known as the “Realty
Transfer Tax Ordinance of Amity Township.
Section 302. Authority. A realty transfer tax for general revenue

purposes is hereby imposed upon the transfer of real estate or interest in real
estate situated within Amity Township, regardless of where the documents making
the transfer are made, executed or delivered or where the actual settlements on
such transfer took place as authorized by Article XI-D, “Local Real Estate
Transfer Tax,” 72 P.A. Section 8101-D et seq.
(a) Associations. A partnership, limited partnership or any other

form of unincorporated enterprise owned or conducted by two (2) or more
persons other than a private trust or decedent’s estate.
(b) Corporation. A corporation, joint-stock association, business

trust or banking institution which is organized under the laws of this
Commonwealth, the United States or any other state, territory, foreign
country or dependency.
(c) Document. Any deed, instrument or writing which conveys,

transfers, demises, vests, confirms or evidences any transfer or demise of
title to real estate, but does not include wills, mortgages, deeds of
trust or other instruments of like character given as security for a debt
and deeds of release thereof to the debtor, land contracts whereby the
legal title does not pass to the grantee until the total consideration
specified in the contract has been paid or any cancellation thereof unless
the consideration is payable over a period of time exceeding thirty (30)
years, or instruments which solely grant, vest or confirm a public utility
easement. “Document” shall also include a declaration of acquisition
required to be presented for recording under Section 302 of this Chapter.
(d) Family Farm Corporation. A corporation of which at least

seventy-five percent (75%) of its assets are devoted to the business of
agriculture and at least seventy-five percent (75%) of each class of stock
of the corporation is continuously owned by members of the same family.
The business or agriculture shall not be deemed to include:
(1) Recreational activities such as, but not limited to,

hunting, fishing, camping, skiing, show competition or racing;
(2) The raising, breeding or training of game animals or

game birds, fish, cats, dogs or pets or animals intended for use in
sporting or recreational activities;
(3) Fur farming;
(4) Stockyard and slaughterhouse operations; or
(5) Manufacturing or processing operations of any kind.
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(e) Members of the Same Family. Any individual, such individual’s

brothers and sisters, the brothers and sisters of such individual’s
parents and grandparents, the ancestors and lineal descendants of any of
the foregoing, a spouse of any of the foregoing, and the estate of any of
the foregoing. Individuals related by the half-blood or legal adoption
shall be treated as if they were related by the whole-blood.
(f) Person. Every natural person, association or corporation.

Whenever used in any clause prescribing and imposing a fine or
imprisonment or both, the term “person” as applied to associations, shall
include the responsible members or general partners thereof and as applied
to corporations, the officers thereof.
(g) Real Estate.
(1) All lands, tenements or hereditaments within Amity

Township, including without limitation buildings, structures,
fixtures, minutes, minerals, oil, gas, quarries, spaces with or
without upper or lower boundaries, trees and other improvements,
immovables or interests which by custom, usage or law pass with a
conveyance of land, but excluding permanently attached machinery and
equipment in an industrial plant.
(2) A condominium unit.
(3) A tenant-stockholder’s interest in a cooperative housing

corporation, trust or association under a proprietary lease or
occupancy agreement.
(h) Real Estate Company. A corporation or association which is

primarily engaged in the business of holding, selling or leasing real
estate, ninety percent (90%) or more of the ownership interest in which is
held by thirty-five (35) or fewer persons and which:
(1) Derives sixty percent (60%) or more of its annual gross

receipts from the ownership or disposition of real estate; or
(2) Holds real estate, the value of which comprises ninety

percent (90%) or more of the value of its entire tangible asset
holdings exclusive of tangible assets which are freely transferable
and actively traded on an establishment market.
(i) Title to Real Estate.
(1) Any interest in real estate which endures for a period

of time, the termination of which is not fixed or ascertained by a
specific number of years, including without limitation an estate in
fee simple, life estate or perpetual leasehold, or
(2) Any interest in real estate enduring for a fixed period

of years but which, either by reason of the length of the term or
the grant of a right to extend the term by renewal or otherwise,
consists of a group of rights approximating those of an estate in
fee simple, life estate or perpetual leasehold, including without
limitation a leasehold interest or possessory interest in real
estate in which the lessee has equity.
(j) Transaction. The making, executing, delivering, accepting or

presenting for recording of a document.
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(k) Value.
(1) In the case of any bona fide sale of real estate at

arm’s length for actual monetary worth, the amount of the actual
consideration therefor, paid or to be paid, including liens or other
encumbrances thereon existing before the transfer and not removed
thereby, whether or not the underlying indebtedness is assumed, and
ground rents or a commensurate part thereof where such liens or
other encumbrances and ground rents also encumber or are charged
against other real estate; provided, that where such documents shall
set forth a nominal consideration, the “value” thereof shall be
determined from the price set forth in or actual consideration for
the contract of sale;
(2) In the case of a gift, sale by execution upon a judgment

or upon the foreclosures of a mortgage by a judicial officer,
transactions without consideration or for consideration less than
the actual monetary worth of the real estate, a taxable lease, an
occupancy agreement, a leasehold or possessory interest, any
exchange of properties, or the real estate of an acquired company,
the actual monetary worth of the real estate determined by adjusting
the assessed value of the real estate for local real estate tax
purposes for the common level ratio factor developed by the
Pennsylvania Department of Revenue for Pennsylvania realty transfer
tax base calculations;
(3) In the case of an easement or other interest in real

estate the value of which is not determinable under subsection (1)
or (2) above, the actual monetary worth of such interest; or
(4) The actual consideration for or actual monetary worth of

any executory agreement for the construction of buildings,
structures or other persons existing before the transfer and not
removed thereby or between the grantor, the agent or principle of
the grantor of a related corporation, association or partnership and
the grantee existing before or effective with the transfer.
Section 304. Imposition of Tax; Interest.
(a) Every person who makes, executes, delivers, accepts or

presents for recording any document or in whose behalf any document is
made, executed, delivered, accepted or presented for recording shall be
subject to pay for, and in respect to the transaction or any part thereof,
a tax at the rate of one percent (1%) of the value of the real estate
represented by such document, which tax shall be payable at the earlier
of: (1) the time the document is presented for recording, (2) within
thirty (30) days of acceptance of such document or (3) within thirty (30)
days of becoming an acquired company.
(b) The payment of the tax imposed herein shall be evidenced by

the affixing of an official stamp or writing by the recorder whereon the
date of the payment of the tax, the amount of the tax and the signature of
the collecting agent shall be set forth.
(c) It is the intent of this Part that the entire burden of the
tax imposed herein on a person or transfer shall not exceed the limitation
prescribed in the “Local Tax Enabling Act,” Act of December 31,1965, P.L.
1257, 53 P.S. Section 6901 et seq., so that if any other political
subdivision shall impose or hereafter shall impose such tax on the same
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person or transfer then the tax levied by the Township of Amity under the
authority of the Act shall, during the time such duplication of the tax
exists, except as hereinafter otherwise provided, be one-half (1/2) of the
rate and such one-half (1/2) rate shall become effective without any
action on the part of the Township of Amity; provided, however, that the
Township of Amity and any other political subdivision which impose such
tax on the same person or transfer may agree that, instead of limiting
their respective rates to one-half (1/2) of the rate herein provided, they
will impose respectively different rates, the total of which shall not
exceed the maximum rate permitted under the “Local Tax Enabling Act”.
(d) If for any reason the tax is not paid when due, interest at
the rate in effect at the time the tax is due shall be added and
collected.
Section 305. Exempt Parties. The United States, the Commonwealth or any
of their instrumentalities, agencies or political subdivisions shall be exempt
from payment of the tax imposed by this Part. The exemption of such governmental
bodies shall not, however, relieve any other party to a transaction from
liability for the tax.
Section 306. Excluded Transactions. The tax imposed by Section 304 of

this Part shall not be imposed upon:
(a) A transfer to the Commonwealth, or to any of its
instrumentalities, agencies or political subdivisions, by gift, dedication
or deed in lieu of condemnation or deed of confirmation in connection with
condemnation proceedings, or a reconveyance by the condemning body of the
property condemned to the owner of record at the time of condemnation,
which reconveyance may include property fine adjustments provided said
reconveyance is made within one (1) year from the date of condemnation.
(b) A document which the Township of Amity is prohibited from

taxing under the Constitution or statutes of the United States.
(c) A conveyance to a municipality, township, school district or

county pursuant to acquisition by the municipality, township school
district or county of a tax delinquent property at sheriff sale or tax
claim bureau sale.
(d) A transfer of no or nominal actual consideration which

corrects or confirms a transfer previously recorded, but which does not
extend or limit existing record legal title or interest.
(e) A transfer of division in kind for no or nominal actual

consideration of property passed by testate or intestate succession and
held by co-tenants; however, if any of the parties takes shares greater in
value than their undivided interest, tax is due on the excess.
(f) A transfer between husband and wife, between persons who were
previously husband and wife who have since been divorced, provided the
property or interest therein subject to such transfer was acquired by the
husband and wife or husband or wife prior to the granting of the final
decree in divorce, between parent and child or the spouse of such child,
between brother or sister, or spouse of a brother or sister, and
grandparent and grandchild, or the spouse of such grandchild, except that
a subsequent transfer by the grantee within one (1) year shall be subject
to tax as if the grantor were making such transfer.
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(g) A transfer for no or nominal actual consideration of property

passing by testate or intestate succession from a personal representative
of a decedent to the decedent’s devisee or heir.
(h) A transfer for no or nominal actual consideration to a trustee

of an ordinary trust where the transfer of the same property would be
exempt if the transfer was made directly from the grantor to all of the
possible beneficiaries, whether or not such beneficiaries are contingent
or specifically named. No such exemption shall be granted unless the
Recorder of Deeds is presented with a copy of the trust instrument that
clearly identifies the grantor and all possible beneficiaries.
(i) A transfer for no or nominal actual consideration from a

trustee to a beneficiary of an ordinary trust.
(j) A transfer for no or nominal actual consideration from a

trustee to a successor trustee.
(k) A transfer (1) for no or nominal actual consideration between

principal and agent or straw party, or (2) from or to an agent or straw
party where, if the agent or straw party was his principal, no tax would
be imposed under this Part.
Where the document by which title is acquired by a grantee or

statement of value fails to set forth that the property was acquired by
the grantee from, or for the benefit of, his principal, there is a
rebuttable presumption that the property is the property of the grantee in
his individual capacity if the grantee claims an exemption from taxation
under this clause.
(l) A transfer made pursuant to the statutory merger or

consolidation of a corporation or statutory division of a nonprofit
corporation, except where the department reasonably determines that the
primary intent for such merger, consolidation or division is avoidance of
the tax imposed by this Part.
(m) A transfer from a corporation or association of real estate

held of record in the name of the corporation or association where the
grantee owns stock of the corporation or an interest in the association in
the same proportion as his interest in or ownership of the real estate
being conveyed and where the stock of the corporation or the interest in
the association has been held by the grantee for more than two (2) years.
(n) A transfer from a nonprofit industrial development agency or

authority to a grantee of property conveyed by the grantee to that agency
or authority as security for a debt or the grantee or a transfer to a
nonprofit industrial development agency or authority.
(o) A transfer from a nonprofit industrial development agency or

authority to a grantee purchasing directly from it, but only if: (1) the
grantee shall directly use such real estate for the primary purpose of
manufacturing, fabricating, compounding, processing publishing, research
and development, transportation, energy conversion, energy production,
pollution control, warehousing or agriculture; and (2) the agency or
authority has the full ownership interest in the real estate transferred.
(p) A transfer by a mortgagor to the holder of a bona fide

mortgage in default in lieu of a foreclosure or a transfer pursuant to a
judicial sale in which the successful bidder is the bona fide holder of a
mortgage, unless the holder assigns the bid to another person.
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(q) Any transfer between religious organizations or other bodies

or persons holding title for a religious organization if such real estate
is not being or has not been used by such transfer for commercial
purposes.
(r) A transfer to a conservancy which possesses a tax exempt

status pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954,
(68A Stat. 3, 26 U.S.C. Section 501(c)(3)) and which has as its primary
purpose preservation of land for historic, recreational, scenic,
agricultural or open space opportunities.
(s) A transfer of real estate devoted to the business of

agriculture to a family farm corporation by a member of the same family
which directly owns at least seventy-five percent (75%)of each class of
the stock thereof.
(t) A transfer between members of the same family of an ownership

interest in a real estate company or family farm corporation.
(u) A transaction wherein the tax due is One Dollar ($1.00) or

less.
(v) Leases for the production or extraction of coal, oil, natural

gas or minerals and assignments thereof.
In order to exercise any exclusion provided in this section, the

true, full and complete value of the transfer shall be shown on the statement of
value. A copy of the Pennsylvania Realty Transfer Tax Statement of Value may be
submitted for this purpose. For leases of coal, oil, natural gas or minerals,
the statement of value may be limited to an explanation of the reason such
document is not subject to tax under this Part.
Section 307. Documents Relating to Associations or Corporations and

Members, Partners, Stockholders or Shareholders Thereof. Except as otherwise
provided in Section 306 of this Part, documents which make, confirm or evidence
any transfer or demise of title to real estate between associations or
corporations and the members, partners, shareholders or stockholders thereof are
fully taxable. For the purposes of this Part, corporations and associations are
entities separate from their members, partners, stockholders or shareholders.
Section 308. Acquired Company.
(a) A real estate company is an acquired company upon a change in

the ownership interest in the company, if the change in ownership
interest: (1) does not affect the continuity of the company; and (2)
together with prior changes within the preceding three (3) years has the
effect of transferring, directly or indirectly, ninety percent (90%) or
more of the total ownership capital and profits ownership interest in the
company.
(b) With respect to real estate acquired after February 16, 1986,
a family farm corporation is an acquired company when, because of
voluntary or involuntary dissolution, its ceases to be a family farm
corporation or when, because of issuance or transfer of stock or because
of acquisition or transfer of assets that are devoted to the business of
agriculture, it fails to meet the minimum requirements of a family farm
corporation under this Part.
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(c) Within thirty (30) days after becoming an acquired company,

the company shall present a declaration of acquisition with the recorder
of each county in which it holds real estate for the affixation of
documentary stamps and recording. Such declaration shall set forth the
value of real estate holdings of the acquired company in such county. A
copy of the Pennsylvania Realty Transfer Tax Declaration of Acquisition
may be submitted for this purpose.
Section 309. Credits Against Tax.
(a) Where there is a transfer of a residential property by a

licensed real estate broker, which property was transferred to him within
the preceding year as consideration for the purchase of other residential
property, a credit for the amount of the tax paid at the time of the
transfer to him shall be given to him toward the amount of the tax due
upon the transfer.
(b) Where there is a transfer by a builder of residential property

which was transferred to the builder within the preceding year as
consideration of the purchase of new, previously occupied residential
property, a credit for the amount of the tax paid at the time of the
transfer to the builder shall be given to the builder toward the amount of
the tax due upon the transfer.
(c) Where there is a transfer of real estate which is leased by

the grantor, a credit of the amount of tax paid at the time of the lease
shall be given to the grantor toward the tax due upon the transfer.
(d) Where there is a conveyance by deed of real estate which was

previously sold under a land contract by the grantor, a credit for the
amount of tax paid at the time of the sale shall be given to the grantor
toward the tax due upon the deed.
(e) If the tax due upon the transfer is greater than the credit
given under this section, the difference shall be paid. If the credit
allowed is greater than the amount of tax due, no refund or carryover
credit shall be allowed.
Section 310. Extension of Lease. In determining the term of a lease, it

shall be presumed that a right or option to renew or extend a lease will be
exercised if the rental charge to the lessee is fixed or if a method for
calculating the rental charge is established.
Section 311. Proceeds of Judicial Sale. The tax herein imposed shall be
fully paid and have priority out of the proceeds or any judicial sale of real
estate before any other obligation, claim, lien, judgment, estate or cost of the
sale and of the writ upon which the sale is made except the state realty transfer
tax, and the sheriff or other officer conducting said sale shall pay the tax
herein imposed out of the first monies paid to him in connection therewith. If
the proceeds of the sale are insufficient to pay the entire tax herein imposed,
the purchaser shall be liable for the remaining tax.
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Section 312. Duties of Recorder of Deeds.
(a) As provided in 16 P.S. Section 11011-6, as amended by Act of

July 7, 1983 (P.L. 40, No. 21), the Recorder of Deeds shall be the
collection agent for the local realty transfer tax, including any amount
payable to the Township of Amity based on a redetermination of the amount
of tax due by the Commonwealth of Pennsylvania, of the Pennsylvania realty
transfer tax without compensation from the Township of Amity.
(b) In order to ascertain the amount of taxes due when the

property is located in more than one (1) political subdivision, the
Recorder shall not accept for recording such a deed unless it is
accompanied by a statement of value showing what taxes are due each
municipality.
(b) On or before the tenth (10th) day of each month the Recorder
shall pay over to the Township of Amity all local realty transfer taxes
collected, less two percent (2%) for the use of the county, together with
a report containing the information as is required by the Commonwealth of
Pennsylvania in reporting collections of the Pennsylvania realty transfer
tax. The two percent (2%) commission shall be paid to the county.
(c) Upon a redetermination of the amount of realty transfer tax

due by the Commonwealth of Pennsylvania, the Recorder shall re-record the
deed or record the additional realty transfer tax form only when both the
state and local amounts and a re-recording or recording fee has been
tendered.
Section 313. Statement of Value. Every document lodged with or presented

to the Recorder of Deeds for recording shall set forth therein and as a part of
such document the true, full and complete value thereof, or shall be accompanied
by a statement of value executed by a responsible person connected with the
transaction showing such connection and setting forth the true, full and complete
value thereof or the reason, if any, why such document is not subject to tax
under this Part. A copy of the Pennsylvania Realty Transfer Tax Statement of
Value may be submitted for this purpose. The provisions of this ection shall not
apply to any excludable real estate transfers which are exempt from taxation
based on family relationship. Other documents presented for the affixation of
stamps shall be accompanied by a certified copy of the document and statement of
value executed by a responsible person connected with the transaction showing
such connection and setting forth the true, full and complete value thereof or
the reason, if any, why such document is not subject to tax under this Part.
Section 314. Civil Penalties.
(a) If any part of any underpayment of tax imposed by this Part is

due to fraud, there shall be added to that tax an amount equal to fifty
percent (50%) of the underpayment.
(b) In the case of failure to record a declaration required under

this Part on the date prescribed therefor, unless it is shown that such
failure is due to reasonable cause, there shall be added to the tax five
percent (5%) of the amount of such tax if the failure is not for more than
one (1) month, with an additional five percent (5%) for each additional
month or fraction thereof during which such failure continues, not
exceeding fifty percent (50%) in the aggregate.
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Section 315. Lien. The tax imposed by this Part shall become a lien upon
the lands, tenements or hereditaments, or any interest therein, lying or being
situated, wholly or in part, within the boundaries of the Township of Amity,
which lands, tenements, hereditaments, or interest therein, are described in or
conveyed by or transferred by the deed which is the subject of the tax imposed,
assessed and levied by this Part, said lien to begin at the time when the tax
under this Part is due and payable, and continue until discharge by payment, or
in accordance with the law, and the Township Solicitor is authorized to file a
municipal or tax claim in the Court of Common Pleas of Berks County in accordance
with the provisions of the Municipal Claims and Liens Act of 1923, 53 P.S.
Section 7101 et seq., its supplements and amendments.
Section 316. Enforcement. All taxes imposed by this Part, together with
interest and penalties prescribed herein, shall be recoverable as other debts of
like character are recovered.
Section 317. Regulations. The tax collector of the Township of Amity is

charged with enforcement and collection of the tax and is empowered to promulgate
and enforce reasonable regulations for enforcement and collection of the tax.
The regulations which have been promulgated by the Pennsylvania Department of
Revenue under 72 P.S. Section 8101-C, et seq., are incorporated into and made a
part of this Part.
Section 318. Severability. Should any section, subsection, sentence,

clause or phrase of this Part be declared invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of this Part in its
entirety or of any part hereof other than that declared to be invalid.
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Part 4
Local Services Tax
Section 401. Authority of Enactment. This Part is enacted under authority

of the Local Tax Enabling Act, P.L. 1257, No. 511, December 31, 1965, as
hereafter amended, supplemented, modified or reenacted by the General Assembly of
Pennsylvania.
have meanings indicated, unless a different meaning clearly appears from the
context:
(a) Compensation. Salaries, wages, commissions, tips, bonuses,

fees or any other earned income and net profits.
(b) Employer. Any person, partnership, limited partnership,

unincorporated association, institution, trust, corporation, governmental
agency or any other body engaged in business or situated in the Township
of Amity, Berks County, Pennsylvania, employing one (1) or more employees
engaged in any occupation.
(c) Occupation. Any livelihood, job, trade, profession, business

or enterprise of any kind, including services, domestic or other, for
which monetary compensation is received or charged.
(d) Local Services Tax Collector. Berks Earned Income Tax Bureau.
(e) Reserve Component of the Armed Forces. The United States Army
Reserve, United States Navy Reserve, United States Marine Corps Reserve,
United States Coast Guard Reserve, United States Air Force Reserve, The
Pennsylvania Army National Guard or the Pennsylvania Air National Guard.
(f) Taxpayer. Any natural person liable for the tax levied by
this Part.
Section 403. Imposition of Tax. A local services tax for emergency

services (which shall include emergency medical services, police services and/or
fire services), road construction and/or maintenance, reduction of property
taxes, and property tax relief through implementation of a homestead and
farmstead exclusion in accordance with 53 Pa. C.S. Ch. 85 Subch. F, in the amount
of Fifty-Two Dollars ($52.00), is hereby imposed upon a Taxpayer engaging in an
occupation within the Township, in the year 2008 and in each succeeding calendar
year in which this tax is in effect. Each natural person who exercises such
privilege for any length of time in any calendar year beginning with the year
2008 shall pay the tax in accordance with the provisions hereof.
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Section 404. Nonresident Taxpayer. Both residents and nonresident

Taxpayers shall, by virtue of engaging in an occupation within the Township, be
subject to the tax and the provisions of this Part.
Section 405. Exemptions. The following persons may apply and shall be
eligible for an exemption from the imposition of the Local Services Tax:
(a) All Taxpayers whose total Compensation from all sources is

less than Twelve Thousand and 00/100 Dollars ($12,000.00) per annum.
(b) Any person who served in any war or armed conflict in which
the United States was engaged and is honorably discharged or released
under honorable circumstances from active service and as a result of
military service, the person is blind, paraplegic or a double or quadruple
amputee or has a service-connected disability declared by the United
States Veterans’ Administration or its successor to be a total one hundred
percent (100%) permanent disability.
(c) Any person who serves as a member of a Reserve Component of

the Armed Forces and is called to active duty at any time during the
taxable year.
Section 406. Exemption Application. Taxpayers seeking to claim an

Exemption for the Local Services Tax shall annually file an Exemption Certificate
with the Township and with the Employer.
Section 407. Collection Through Employers.
(a) Each Employer shall register with the Local Services Tax
Collector (“Tax Collector”) the employer’s name, address and other
information the tax collector may require within fifteen (15) days after
the effective date of this Part or within fifteen (15) days after first
becoming an Employer.
(b) Each Employer shall assess each Taxpayer a pro-rata share of

the tax for each payroll period. The pro-rata share shall be determined
by dividing the tax levied by the number of payroll periods established by
the Employer for the calendar year.
(c) For each Taxpayer employed for any length of time after the
effective date of this Part, each Employer shall deduct the tax from
compensation payable to the Taxpayer, file a return on a form prescribed
by the Tax Collector and pay to such Tax Collector the amount of taxes
deducted on a quarterly basis as follows: April 30, July 30, October 30
and January 30 for the preceding quarter of the current tax year. For
each Taxpayer for whom no prior deduction has been made, who is employed
after the effective date of this Part, each Employer shall withhold from
the Taxpayer, for the first payroll period after employment, a lump sum
equal to the amount of tax that was not withheld from the Taxpayer, plus
the per payroll amount due for that first payroll period. The amount of
tax withheld per payroll period for the remaining payroll periods in that
calendar year shall be the same amount withheld for other employees. In
the event the employment of a Taxpayer subject to withholding of the tax
under this Part is subsequently severed in that calendar year, the
Taxpayer shall be liable for any outstanding balance of tax due and the
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Township may pursue collection under this Part and the Act.
(d) As to Taxpayers who present official receipts evidencing prior

payment of the tax imposed hereby either directly or by collection though
Employers, the Employer shall not deduct that pro-rata share of the tax
but the employer shall withhold from the Taxpayer, for the first payroll
period, a lump sum equal to the amount of tax that was not withheld from
the Taxpayer to equal the necessary amount due from that Taxpayer to date
to equal what all other employees have paid, plus the per payroll amount
due for that first payroll period. The amount of tax withheld per payroll
period for the remaining payroll periods in that calendar year shall be
the same amount withheld for other employees.
(e) If a Taxpayer who claimed an exemption for a given calendar

year from the tax levied under this Part becomes subject to the tax for
the calendar year under this Part, the Employer shall withhold the tax for
the remainder of that calendar year. The Employer shall withhold from the
Taxpayer, for the first payroll period after receipt of the notification,
a lump sum equal to the amount of tax that was not withheld from the
Taxpayer due to the exemption claimed by the Taxpayer, plus the per
payroll amount due for that first payroll period. The amount of tax
withheld per payroll period for the remaining payroll periods in that
calendar year shall be the same amount withheld for other employees.
(f) Any Employer who discontinues business or ceases operation

before December 31 of any year during which this tax is in effect, shall
file the return hereinabove required and pay the tax to the Tax Collector,
within fifteen (15) days after discontinuing business or ceasing
operations.
(g) The failure of any Employer to deduct the tax as required in

this Section shall not relieve the Taxpayer from the duty to file a return
and pay the tax. Any Employer who fails to deduct the tax as required by
this Section, or who fails to pay such tax to the Tax Collector, shall be
liable for such tax in full, without deduction of the commission
hereinafter provided, as though the tax had originally been levied against
such Employer.
(h) Each Employer may deduct and retain a commission equal to two
percent (2%) of the total amount of tax collected through the Employer
pursuant to this Section.
Section 408. Direct Payment by Taxpayers. Every Taxpayer who is self-

employed or whose tax for any other reason is not collected under Section 405 of
this Part shall file a return on a form prescribed by the Tax Collector and shall
pay the tax directly to such collector. Each such Taxpayer who first becomes
subject to the tax after the effective date of this Part, shall file a return on
a form prescribed by the Tax Collector and pay to such Tax Collector the amount
of taxes due and owing on a quarterly basis as follows: April 30, July 30,
October 30 and January 30 for the preceding quarter of the current tax year.
Section 409. Administration and Enforcement. The Tax Collector shall

collect and receive the taxes, interest, fines and penalties imposed by this Part
and shall maintain records showing the amounts received and the dates such
amounts were received. The Tax Collector shall prescribe and issue all forms
necessary for the administration of the tax and may adopt and enforce regulations
relating to any matter pertaining to the administration of this Part. The Tax
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Collector and agents designated by him/her may examine the records of any
Employer and/or supposed Employer or of any Taxpayer in order to ascertain the
tax due or verify the accuracy of any return. Every Employer or supposed
Employer and every Taxpayer or supposed Taxpayer shall give the Tax Collector and
any agent designated by him/her all means, facilities and opportunities for the
examination hereby authorized.
Section 410. Collection. The Tax Collector shall collect by suit or

otherwise, all taxes, interest, costs, fines and penalties due under this Part
and unpaid. If for any reason, any tax is not paid when due, penalty at the rate
of six percent (6%) per year on the amount of unpaid taxes and additional
interest of one-half of one percent (1/2 of 1%) of the amount of the unpaid tax,
for each month or fraction of month during which the tax remains unpaid shall be
added and collected. Whenever suit is brought for the recovery of unpaid tax,
the taxpayer shall, in addition, be liable for the cost of collection as well as
for interest and penalties. The Tax Collector may accept payment under protest
of the tax claimed by the Township, in any case where any person disputes the
Township’s claim for the tax. If a court of competent jurisdiction thereafter
decides that there has been overpayment to the Tax Collector, such tax collector
shall refund the amount of the overpayment to the person who paid under protest.
Any action instituted for such judicial determination shall be instituted within
two (2) years of the last day of the period for which the tax is disputed or
claim made. All refunds shall be made in conformity with the procedure
prescribed by the Board of Supervisors of the Township.
Section 411. Refunds. All requests for the refund of overpaid Local
Services Tax shall be made in writing to the Tax Collector and shall contain
sufficient written evidence, including copies of paystubs, to establish to the
Tax Collector that an overpayment has occurred. The Tax Collector shall make a
determination on the request for a refund within seventy-five (75) days of the
request. All refunds shall be made within seventy-five (75) days of the request.
Any appeal of the Tax Collectors determination shall be made directly to the
Board of Supervisors of the Township within thirty (30) days of the tax
Collectors decision.
Section 412. Penalties.
(a) Any person who fails, neglects or refuses to make any

declaration or return required by this Part, as amended, any Employer who
fails, neglects or refuses to register or to pay the tax deducted from his
employees, or fails, neglects or refuses to deduct or withhold the tax
from his employees, any person who refuses to permit the officer or any
agent designated by him to examine his books, records and papers, and any
person who knowingly makes any incomplete, false or fraudulent return or
attempts to do anything whatsoever to avoid the full disclosure of the
amount of his net profits or earned income in order to avoid the payment
of the whole or any part of the tax imposed by this Part, as amended,
shall, upon conviction thereof before any district justice or court of
competent jurisdiction in Berks County, Commonwealth of Pennsylvania, be
sentenced to pay a fine of not more than five hundred dollars ($500.00)
for each offense, and costs, and in default of payment of said fine and
costs to be imprisoned for a period not exceeding thirty (30) days.
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(b) The failure of any person to receive or procure forms required

for making the declaration or returns required by this Part, as amended,
shall not excuse him from making such declaration or return.”

Ordinance 241, November 7, 2007, Section 1)
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CHAPTER XXX
TREES
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CHAPTER XXXI
WATER
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LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
CHAPTER XXXII
ZONING
Part 1
General Provisions
Section 101. Title

Section 104. Application
Section 107. Community Development Objectives
Part 2
Definitions
Section 201. General Interpretation

Section 202. Specific Terms
Part 3
Zoning Map and Zoning Districts
Section 301. Establishment of Zoning Districts

Section 302. Official Zoning Map
Section 303. Interpretation of District Boundaries
Section 304. Application of District Regulations
Part 4
Zoning District Regulations
Section 401. RC - Rural Conservation District

Section 402. LDR - Low Density Residential District
Section 403. MDR - Medium Density Residential District
Section 404. MHP - Mobile Home Park District
Section 405. HC - Highway Commercial District
Section 406. SCC - Shopping Center Commercial District
Section 407. LI/O - Light Industrial/Office District
Section 408. PBOI – Planned Business/Office/Industrial District
Section 409. RV – Rural Village – Amityville District
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LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
Part 5
Overlay Districts
Section 501. Statement of Intent

Section 502. Floodplain Overlay District
Section 503. Hydric Soil Overlay District
Section 504. High Water Table Overlay District
Section 505. Steep Slope Overlay District
Section 506. Wetlands Overlay District
Section 507. Route 422 Overlay District.
Part 6
Cluster Development Regulations

Section 602. Development and Design Standards
Section 603. Open Space Standards
Section 604. Administration and Review
Part 7
Planned Residential Development Regulations

Section 702 Development Standards
Section 703 Design Standards
Section 704 Open Space Standards
Section 705 Improvement Specifications
Section 706 Application, Submission and Review Procedures
Section 707 Administration and Review
Part 8
Mobile Home Park Regulations

Section 802. Development and Design Standards
Section 803. Administration Proceedings
Part 9
Supplementary Regulations
Section 901. Access to Structures

Section 902. Accessory Uses or Structures
Section 903. Home Occupation Regulations
Section 904. Residential Conversion Standards
Section 905. Agricultural Use Regulations
Section 906. Recreational Use Regulations
Section 907. Design Standards for Commercial and Industrial Uses
Section 908. Environmental Performance Standards for Commercial and
Industrial Districts
Section 909. Temporary Structures
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LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
Section 910. Outdoor Storage

Section 911. Prohibited Uses
Section 912. Front Yard Exceptions
Section 913. Flag Lots
Section 914. Reserved for Future Use
Section 915. Visibility at Intersections
Section 916. Fences, Walls and Hedges
Section 917. Corner Lot Restrictions
Section 918. Projections into Yards
Section 920. Height Exceptions
Section 921. Swimming Pools
Section 922. Lighting
Section 923. Off-Street Loading Areas
Section 924. Off-Street Parking Facilities
Section 925. Driveways
Section 926. Highway Frontage Development
Section 927. Signs
Section 928. Hazardous Areas
Section 929. Public Utility Standards
Section 930. Commercial Campgrounds Standards
Section 931. Multi-Family Developments
Section 932. Single-Family Semi-Detached Developments
Section 933. Two-Family Detached Dwelling Developments
Section 934. Tourist, Bed and Breakfast, Rooming or Boarding House
Section 935. Junkyard Standards
Section 936. Solid Waste Disposal Facilities
Section 937. Adult Business Uses
Section 938. Shopping Centers
Section 939. Professional Office/Research Park
Section 940. Industrial Parks
Section 941. Quarrying and Mining Operations
Section 943. Solar Energy Systems
Section 944. Filling, Excavating and Grading
Section 945. Regulations for Cellular Communications Antennae
Section 946. Blasting and Detonation Requirements
Section 947. Kennels
Section 949. Other Dwelling Types or Land Uses
Section 950. Exportation and Extraction of Groundwater
Section 951. Self-storage Units
Section 952. Transitional-Age Development Community
Section 953. Commercial Retirement Community
Section 954. Continuing Care Retirement Community (CCRC)
Section 955. Nursing Home, Retirement or Convalescent Home
Section 956. Age Restricted Housing
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LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
Part 10
Nonconformities
Section 1001. Application and Intent

Section 1002. Nonconforming Lots of Record
Section 1003. Nonconforming Uses of Land
Section 1004. Nonconforming Structures or Buildings
Section 1005. Nonconforming Use of Structures or Buildings or of Buildings
and Land in Combination
Section 1006. Unsafe of Unlawful Structures
Section 1007. Permitted Special Exception Uses
Section 1008. Registration of Nonconformities
Section 1009. Certification of Intention
Part 11
Section 1101. General Procedures

Section 1102. Permits and Certificates
Section 1103. Zoning Officer
Section 1104. Zoning Hearing Board
Section 1105. Functions of the Zoning Hearing Board
Section 1106. Hearings Procedures
Section 1108. Curative Amendments
Section 1109. Conditional Uses
Section 1111. Filing Fees and Costs
Section 1112. Remedies and Penalties
Part 12
Diagrams and Zoning Map
Section 1201. Diagram - Types of Dwelling Units

Section 1202. Diagram - Lot and Setback Requirements
Section 1203. Amity Township Zoning Map
Section 1204. Diagram 1204 – Monument Sign
Section 1205 – Diagram 1205 – Post Sign
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Part 1
General Provisions
Section 101. Title. An Ordinance establishing regulations, specifications

and restrictions for 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 including areas,
courts, yards and other open spaces and distances to be left unoccupied by uses
and structures; and the density of population and intensity of land uses, in the
Township of Amity, Berks County, Pennsylvania, and for said purposes dividing the
Township into districts and prescribing certain uniform regulations for each such
district and providing for the administrative enforcement and amendment
provisions in accordance with the Pennsylvania Municipalities Planning Code,
Act 247, as amended.
Section 102. Short Title. This Part shall be known as, and may be cited
as the "Amity Township Zoning Ordinance of 1991, as amended".
Section 103. Purpose. This Part has been adopted in accordance with the
requirements of Act 247 (Pennsylvania Municipalities Planning Code), as amended;
with the goals, objectives and policies established within the Amity Township
Comprehensive Plan (adopted in July of 1990; as amended); and with consideration
for the character of the Township and its capacity to accommodate growth and
development. In addition to implementing the Amity Township Comprehensive Plan,
the purpose of this Part is designed:
(a) To promote, protect and facilitate one or more of the

following: the public health, safety, morals, general welfare, coordinated
and practical community development, proper density of population, civil
defense, disaster evacuation, airports and national defense facilities,
the provisions of adequate light and air, police protection, vehicle
parking and loading space, transportation, water, sewage, schools, public
grounds and other public requirements, as well.
(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.
(c) To preserve prime agriculture and farmland considering

topography, soil type and classification, and present use.
(d) To identify, protect and preserve the physical and

environmental amenities within the Township.
(e) To encourage aesthetical and innovative residential growth

within the Township that will meet the needs of existing and future
residents.
(f) To encourage commercial and industrial development that is

adequate to meet the Township's needs for employment, goods and services.
(g) To ensure through planning that public facilities and controls

are adequate to accommodate future growth.
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LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
(h) To provide for a system of open space through the preservation

of flood plains, steep slopes, wooded areas and farmlands, providing areas
for passive and active recreation.
(i) To promote, encourage and practice energy conservation within

the Township.
(j) To provide and establish a transportation network that safely

and efficiently circulates people and goods throughout and within the
Township.
Section 104. Application. Except as hereinafter provided, no building,

structure, land or parts thereof in the Township shall be used or occupied,
erected, constructed, assembled, moved, enlarged, reconstructed or structurally
altered unless in conformity with the provisions of this Chapter.
Section 105. Exemptions. This Chapter shall not apply to any existing or
proposed buildings, or extension thereof, used or to be used by a public utility
corporation, if, upon petition of said corporation, the Pennsylvania Public
Utility Commission shall, after a public hearing, decide that the present or
proposed situation of the building in question is reasonably necessary for the
convenience or welfare of the public. It shall be the responsibility of the
Pennsylvania Public Utility Commission to ensure that both the corporation and
the Township have notice of the hearing and are granted an opportunity to appear,
present witnesses, cross-examine witnesses presented by other parties and
otherwise exercise the rights of a party to the proceedings.
Section 106. Interpretation. In interpreting and applying the provisions

of this Chapter, they shall be held to be the minimum requirements adopted for
the promotion of the public health and safety and the general welfare of the
residents and occupants of the Township. Where the provisions of this Chapter
impose greater restrictions than those of any other Township statute, ordinance
or regulation, the provisions of this Chapter shall be complied with. Where the
provisions of any other Township statute, ordinance or regulation impose greater
restrictions than this Chapter, the provisions of such other Township statute,
ordinance or regulation shall be complied with unless otherwise stated in this
Chapter.
Section 107. Community Development Objectives. This Chapter attempts to

emulate through its regulations the goals and objectives of the Amity Township
Comprehensive Plan. These regulations have been established with considerations
to the Township's physical characteristics, population trends, housing
characteristics, existing land use characteristics, community facilities and
services and existing transportation characteristics. The regulations established
in this Chapter reflect and portray the goals, objectives and policies of the
functional components of the adopted Comprehensive Plan.
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Section 108. Severability. Should any article, section, subsection,

paragraph, clause, phrase or provision of this Chapter be declared by a court of
competent jurisdiction to be invalid, such judgment shall not affect the validity
of this Chapter as a whole or any part or provision thereof other than the part
so decided to be invalid or unconstitutional.
Section 109. Repealer. All ordinances or parts of ordinances, together

with the amendments and supplements thereto, are hereby repealed to the extent
that the same conflict with the provisions of this Chapter; provided however,
that the provisions of this Chapter shall not affect any suit or prosecution
pending or to be instituted to enforce any provision of such repealed ordinance
or to punish any offense against any such repealed ordinance committed prior to
the effective date of this Ordinance.
Section 110. Effective Date. This Chapter has been enacted by the Amity
Township Board of Supervisors on December 9, 1991. This Chapter shall become
effective December 16, 1991. This Chapter was amended on May 4, 1992, August 29,
1994, April 27, 1998, April 26, 1999, October 11, 1999, December 11 2000,May 6,
2002,September 16, 2002, April 15, 2003, August 5, 2003, July 5, 2005, May 16,
2006, December 19, 2006, April 17, 2007, May 16, 2007, June 6, 2007, August 21,
2007, August 6, 2008, October 1, 2008, October 7, 2009, October 21, 2009,
December 15, 2010, October 5, 2011, December 5, 2012, March 19, 2014, July 1,
2015 and June 15, 2016.
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LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
Part 2
Definitions
Section 201. General Interpretation.
(a) For the purpose of this Chapter, certain terms and words are
defined below. Words used in the present tense shall include the future
tense. Words in the singular shall include the plural and words in the
plural shall include the singular. Words in the masculine shall include
the feminine and the neuter.
(b) The word "shall" is mandatory. The word "may" is permissive.

The word "person" includes "individual", "company", "unincorporated
association", or other similar entities. The words "used for" include
"designed for", "arranged for", "intended for", "maintained for", or
"occupied for". The word "building" shall be construed as if followed by
the phrase "or part thereof".
Section 202. Specific Terms. Terms or words used in this Chapter, unless
otherwise expressly stated, shall be construed as defined below. When terms,
phrases or words are not defined, they shall have their ordinarily accepted
meanings or such as the context may imply.
Accessory Building. A building subordinate to the principal building

on a lot and used for purposes customarily incidental to those of the
principal use.
Accessory Use. A subordinate use of a portion of a lot which is

customarily incidental to the main or principal use of land or of a
building on a lot.
Acre. Forty-three thousand five hundred sixty (43,560) square feet.
Act. The Pennsylvania Municipalities Planning Code, as amended.
Act 247. The Pennsylvania Municipalities Planning Code, as amended.
Adjacent. The state of being side by side, next to or adjoining one

another.
ADT (Average Daily Traffic). The average number of vehicles that

pass over a given point per day.
Adult Business Use. Any adult bookstore, adult cabaret, adult

theater or adult mini-motion picture theater, as defined below, and which,
under the State Obscenity Code, as amended, must exclude minors or may not
knowingly disseminate to minors.
Adult Bookstore. An establishment having as a substantial or

significant portion of its stock in trade (for sale or rental) books,
magazines and other materials which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas", as defined by the
State Obscenity Code, as amended.
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Adult Cabaret. A cabaret, tavern, theater or club which features

strippers, male or female impersonators, or similar entertainers who
exhibit, display or engage in nudity, sexual conduct or sadomasochistic
abuse, as defined in the State Obscenity Code, as amended.
Adult Mini-Motion Picture Theater. An enclosed building offering

video presentations distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" for observation by patrons within private
viewing booths and/or by use of token or coin-operated viewing booths
and/or by use of token or coin-operated projectors or other video machines
as defined in the State Obscenity Code, as amended.
Adult Theater. Any business, indoor or outdoor, which exhibits a

motion picture show or other presentations which, in whole or in part,
depicts nudity, sexual conduct or sadomasochistic abuse, as defined in the
State Obscenity Code, as amended.
Age Restricted Housing. A residential community for permanent

residents in which the residential property and related open space are
owned by a condominium association or other homeowner’s association or
entity. One hundred percent of the dwellings in an age-restricted housing
development are occupied by at least one person age fifty-five (55) or
over with the following exceptions:
(1) One person under the age of 55 may reside in a dwelling

unit if the presence of such person is essential to the physical
care of the occupant that is age 55 or over.
(2) A spouse under the age of 55 years may reside with the
spouse that is 55 years of age or over.
(3) The age-restricted housing development shall be

established in accordance with the laws of the Commonwealth of
Pennsylvania and shall qualify for a Housing for Older Persons
exemption under the Fair Housing Act.
(4) The homeowner or condominium association shall own all

common spaces, including, but not limited to, open spaces, common
areas, recreation areas, road area and sidewalk. The association
shall be responsible for, at a minimum, collection of garbage and
recyclable material, snow removal, road and sidewalk maintenance,
maintenance of buffer and other common landscape areas.
Age Targeted Housing. A dwelling unit targeted, but not restricted

to at least one permanent resident over fifty-five years of age, with a
first floor master bedroom designed and marketed to purchasers typically
without children with deed/Homeowners’ Association restrictions
prohibiting outside amenities such as playground equipment, swing sets,
swimming pools and similar items.
Agriculture (General). The cultivation of the soil and the raising

and harvesting of the products of the soil, including but not limited to
nursery, horticulture, forestry and animal husbandry. Section 905 of this
Chapter outlines the limitations for general agricultural activities.
These limitations shall disrupt any of the rights and privileges
established under the Pennsylvania Agricultural Security Act (Act 43 of
1981, as amended).
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Agriculture (Intensive). Specialized agricultural activities,

including but not limited to mushroom, egg and poultry production, and dry
lot livestock production, which due to the intensity of production or raw
material storage needs, necessitate special control of operation, raw
material storage and processing, and disposal of liquid and solid wastes.
Intensive agricultural activities shall also include general agricultural
activities exceeding the standards and specifications outlined under
Subsection 905(a) of this Chapter. Subsection 905(b) outlines the
limitations for intensive agricultural activities. These limitations
shall disrupt any of the rights and privileges established under the
Pennsylvania Agricultural Security Act (Act 43 of 1981, as amended).
Alluvial Soils. Soils which have been formed in alluvium and

deposited by past stream or flooding conditions.
Alluvium. Soil material such as sand, silt or clay that has been
deposited on land by past stream or flooding conditions.
Alteration. Any change or rearrangement in the structural parts or

in the existing facilities of a building or structure or any enlargement
thereof, whether by extension on any side or by an increase in height, or
the moving of such building from one location or position to another.
Antenna. A transmitting and/or receiving device used in

telecommunications that radiates or captures radio signals.
Antenna Height. The vertical distance measured from the base of the
antenna support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Antenna Support Structure. Any pole, telescoping mast, tower,

tripod or any other structure which supports a device used in the
transmitting or receiving of radio frequency energy.
Attic. That part of a building which is immediately below and

wholly or partly within the roof framing.
Basement. A story partly below the finished grade but having one-
half (1/2) or more of its height (measured from finished floor to finished
ceiling) above the average level of the finished grade where such grade
abuts the exterior walls of the building.
Bed and Breakfast. The temporary use and occupancy of a single-

family detached dwelling for the purpose of accommodating transient guests
for rent.
Block. A tract of land or a lot or group of lots bounded by

streets, public parks, railroad rights-of-way, water courses or bodies of
water, boundary lines of the Township, or by any combination of the above.
Board of Supervisors. The Board of Supervisors of the Township of

Buffer Yard. A continuous strip of land which is clear of all

buildings and paved areas and is adequately landscaped in accordance with
Section 517, entitled “Landscaping Regulations”, of Chapter XXVII,
entitled “Subdivision and Land Development” of the Township of Amity Code
of Ordinances. Buffer Yard shall also mean buffer screens as used in
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entitled “Subdivision and Land Development” of the Township of Amity Code

of Ordinances.
Building. A structure enclosed within exterior walls or fire walls,

built, erected and framed of component structural parts, and designed for
the enclosure and support of individuals, animals or property of any kind.
Building Area. The total area taken on a horizontal plane at the

main grade level of all primary and accessory buildings on a lot,
excluding unroofed porches, paved terraces, steps, eaves and gutters, but
including all enclosed extensions.
Building Coverage. The percentage of a lot covered by principal and

accessory buildings.
Building Height. The vertical distance measured from the average

elevation of the finished grade at the two (2) front corners of the
building to:
(1) the highest point of the roof for buildings in the RC,
LDR, MDR, and MHP Zoning Districts, unless otherwise set forth;
(2) the highest point of habitable building space for

buildings in the HC, SCC, and LI/O Zoning Districts.
Building Length. The measurement of a building in one (1) general

direction.
Building Setback. The minimum distance a building or structure must

be set back from the street right-of-way line (except the right-of-way of
a service street). (See Lot and Setback Requirements Diagram in Section
1202 of this Chapter.)
Building Setback Line. The line within a property establishing the

minimum required distance between any building or structure, or portions
thereof, to be erected or altered and a street right-of-way (except the
right-of-way of a service street). The distance shall be measured at
right angles from the street right-of-way line which abuts the property
and the building setback line shall be parallel to said right-of-way line.
Campground. A plot of ground upon which two (2) or more campsites

are located for occupancy, regardless whether a fee has been charged for
the occupancy of such space.
Campsite. A plot of ground within a campground for the use of a

single camping unit.
Camping Unit. A tent or camping vehicle located on a campsite.
Carport. A building open on two (2) or more sides and used in

association with a dwelling for the storage of private motor vehicles.
Cartway. The portion of a street right-of-way, whether paved or

unpaved designed for vehicular use.
Cell Site. A tract or parcel of land that contains the cellular

communication antenna, its support structure, accessory building(s) and
parking, and may include other uses associated with and ancillary to
cellular communication transmission.
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Cellar. A story partly below the finished grade, having at least

one-half (1/2) of its height (measured from finished floor to finished
ceiling) below the average level of the adjoining finished grade where
such grade abuts the exterior walls of the building. A cellar shall not
be considered a story in determining the permissible number of stories.
Cellular Telecommunications. A Commercial Low Power Mobile Radio

Service licensed by the Federal Communications Commission (FCC) to two (2)
providers in a specific geographical area in which the radio frequency
spectrum is divided into discrete channels which are assigned in groups to
geographic cells within a service area and which are capable of being
reused in different cells within the service area.
Cemetery. Land used or intended to be used for the burial of human

remains and may include columbariums, crematoriums, mausoleums and
mortuaries when operated in conjunction with and within the boundary of
such cemetery.
Certificate of Use and Occupancy. A statement, based on an

inspection, signed by the Zoning Officer, setting forth that a building,
structure, sign and/or land complies with this Chapter, or that a
building, structure, sign and/or land may be lawfully employed for
specific uses or both.
Church. A building used for public worship by a congregation,

excluding buildings used primarily for residential, educational, burial,
recreational or other uses not normally associated with worship.
Club or Lodge. An association of persons for some common nonprofit

activity, not including groups organized primarily to render a service
which is customarily carried on as a business.
Cluster Development. An alternative development method wherein

structures are arranged in closely related groups, reducing lot sizes,
preserving land for open space and permitting innovative site design.
Commercial Retirement Community. The business of a planned

retirement community, under single ownership, on a single lot/tract of
land, that offers significant services and amenities that support aging in
place with one hundred percent (100%) of its’ residents over the age of
fifty-five (55) meeting the Qualifications of Section 953 of this
Ordinance.
Commercial School. A school for the teaching of a trade or skill,

carried on as a business.
Common Open Space. A parcel or parcels of land or an area of water,

or a combination of land and water, within the development site designed
and intended for use or enjoyment of all residents of the development in
which it is located. Land included within the right-of-way lines of
streets shall not be classified as common open space. Common open spaces
shall not include required open areas between buildings and between
buildings and street rights-of-way, driveways, parking areas and property
lines in the development. No dwelling unit, residential accessory building
or parking area may be located within common open spaces.
Common Parking Area. A parking facility other than those provided

within the lot lines of a lot on which one (1) single-family detached
dwelling, one (1) single-family semi-detached dwelling, or one (1)
townhouse is located.
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Common Wall. A wall used or adopted for joint service between two
(2) buildings or parts thereof.
Communications Tower. Any structure intended to be used for

transmitting or receiving television, radio or telephone communications,
excluding those used exclusively for dispatch communications.
Completion. The act of bringing to a condition of physical

completeness and readiness for use and occupancy.
Compounding. To make or form by combining parts or elements.
Comprehensive Plan. The document entitled the Amity Township

Comprehensive Plan, or any part thereof, adopted by the Amity Township
Board of Supervisors, as amended from time to time.
Conditional Use. Certain specified uses which are permitted or

denied by the Board of Supervisors after recommendations by the Planning
Commission pursuant to express standards and specifications established in
this Chapter.
Condominium. Real estate, portions of which are designated for

separate ownership and the remainder of which is designated for common
ownership solely by the owners of those portions, created under either the
Pennsylvania Unit Property Act of July 3, 1963 or the Pennsylvania Uniform
Condominium Act.
Construction Site. The total necessary land required for all

buildings or uses within a unified development before a zoning permit may
be issued.
Continuing Care Retirement Community (CCRC) – A residential

community designed to provide independent and assisted living arrangements
for person(s) aged 55 years and older as part of a planned community that
also provides nursing services and other health-related services and shall
consist of the following:
Independent living unit – A dwelling unit within a Continuing

Care Retirement Community.
Assisted living unit – A living arrangement within a

Continuing Care Retirement Community in which people with special
needs, especially seniors with disabilities, reside in a facility
that provides help with everyday tasks such as bathing, dressing and
taking medication.
Nursing or skilled unit – A living arrangement within a

Continuing Care Retirement Community, which is duly licensed by the
Commonwealth of Pennsylvania and provides medical care, convalescent
care and services in coordination with the living arrangement for
seniors with medical needs and disabilities.
Conversion. To change or adapt land or structures to a different

use, occupancy or purpose.
County. The County of Berks, Commonwealth of Pennsylvania.
County Planning Commission. The Berks County Planning Commission.
Court. A portion of a lot unoccupied above grade but partially or

wholly surrounded by the walls of a structure or buildings.
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Cross Bar. A structure at or near the top of the low power mobile
radio service telecommunications facility which provides support and
horizontal separation for the antenna(s).
Curb Line. The edge of the cartway.
Curative Amendment. A proposed zoning amendment made to the Board

of Supervisors by any landowner/applicant who desires to challenge on
substantial grounds the validity of an ordinance which prohibits or
restricts the use or the development of land in which the
landowner/applicant has an interest.
Density. The number of dwelling units per gross acre.
Development. Any manmade change to improved or unimproved land,

including but not limited to buildings or other structures, the
installation of utilities, filling, grading, paving, excavation, mining,
dredging or drilling operations.
Directional Antenna. An antenna or array of antennas designed to

concentrate a radio signal in a particular area.
District. A portion of the Township within which certain uniform

regulations and requirements or combinations thereof apply under the
Dwelling. A building or structure or portion thereof arranged,

intended, designed or used as the living quarters for one (1) or more
families living independently of each other. Such buildings as hospitals,
hotels, boarding, rooming, lodging houses, nursing homes, motels and
institutional residences are not included in the definition of dwelling.
(See Diagram for Types of Dwelling Units in Section 1201 of this Chapter.)
(1) Single-Family Detached Dwelling. A building arranged,

intended or designed to be occupied exclusively as a residence for
one (1) family and having no common wall with an adjacent building.
(2) Single-Family Semi-Detached Dwelling. A building

arranged, intended or designed to be occupied exclusively as a
residence for two (2) families, one (1) family living on each side
of a common wall.
(3) Two-Family Detached Dwelling (Duplex). A building

arranged, designed or intended for occupancy of two (2) families
living independent of each other in separate dwelling units that are
separated by horizontal floors as opposed to vertical walls.
(4) Townhouse. A building arranged, intended or designed to

be occupied exclusively as a residence for one (1) family which is
one (1) of a group of three (3) or more such buildings, placed side
by side and separated by unpierced common walls, each dwelling
having at least one (1) separate entrance from the outside.
(5) Apartment Building. A building on a single lot

arranged, intended or designed to be occupied as a residence for
three (3) or more families, and in which the dwelling units may be
separated horizontally and/or vertically.
(6) Condominium. Real estate, portions of which are

designated for separate ownership and the remainder of which is
designated for common open space solely for the owners of those
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portions, created under either the Pennsylvania Unit Property Act,

as amended, or the Pennsylvania Uniform Condominium Act, as amended.
(7) Mobile Home. A transportable, single-family dwelling

constructed in accordance with the specifications of the
Commonwealth of Pennsylvania intended for permanent occupancy
contained in one (1) unit, or in two (2) or more units designed to
be joined into one (1) 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.
(8) Modular Home. Any structure designed primarily for

residential occupancy which is wholly or in substantial part made,
fabricated, formed or assembled in manufacturing facilities for
installation or assembly and installation on the building site.
Housing units defined as mobile homes are excluded from this
definition.
Dwelling Unit. A building or portion thereof providing one (1) or

more rooms arranged for the use of one (1) or more individuals living
together as a single housekeeping unit, and having no cooking or sanitary
facilities in common with any other unit.
Effective Radiated Power (ERP). The product of the antenna power

input and the numerically equal antenna power gain.
Electric Substation. An assemblage of equipment for purposes other

than generation or utilization through which electric energy in bulk is
passed for the purpose of switching or modifying its characteristics to
meet the need of the general public.
Family. An individual or any number of individuals living together

as a single, non-profit housekeeping unit, having a single, common cooking
facility and living together upon the premises as a separate unit in a
domestic relationship based upon birth, marriage or other domestic bond;
excluding, however, occupants of a club, fraternity house, lodge,
residential club or rooming house. Also, a group of not more than three
(3) persons not related, living as a single housekeeping unit in a
dwelling unit.
Farm. An area of land, including all buildings, accessory buildings,

farm buildings and one (1) single-family detached principal dwelling all
used for agriculture and where the primary source of income is derived
from property.
Farm Building. A barn, silo or any building used for the storage of
agricultural equipment or farm produce, or housing livestock or poultry.
The term "farm building" shall not include dwellings.
Fence. A manmade barrier placed or arranged as a line of

demarcation between lots or to enclose a lot or portion thereof. The term
"fence" shall be deemed to include a wall.
Floor Area (Gross Floor Area). The gross floor space of the
building or buildings, measured from the exterior faces of exterior walls
or from the center line of wall separating buildings. In particular, the
floor area of a building or buildings shall include:
(1) Basement space;
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(2) All spaces other than cellar space with structural

headroom of seven feet, six inches (7'6") or more;
(3) Interior balconies and mezzanines;
(4) Enclosed porches, terraces or other space which are

attached to the principal structure on at least one (1) side;
(5) Attic spaces (with or without a finished floor)

providing structural headroom of seven feet, six inches (7'6") or
more is available over fifty percent (50%) of such attic space.
However, the "floor area" shall not include:
(i) Cellar space, except that cellar space used for

retailing;
(ii) Elevator shafts, stairwells, bulkhead, accessory

water tanks or cooling towers;
(iii) Terraces, breezeways, uncovered steps or open

space;
(iv) Accessory buildings.
Floor Area Ratio. The floor area in square feet of all buildings on
a lot divided by the gross area of such lot in square feet.
Free-Standing Low Power Mobile Radio Service Facility. A low power

mobile radio service telecommunications facility that consists of a stand-
alone support structure, antennas and associated equipment. The support
structure may be a wooden pole, steel monopole, lattice tower, light
standard or other vertical support. Whip antennas on a free-standing low
power mobile radio service facility may extend the maximum of fifteen feet
(15') above the highest portion of a structure to which they are attached;
panel antennas may extend a maximum of six feet (6') above the highest
portion of the structure to which they are attached.
Garage.
(1) Garage, Private Residential. An accessory building or a

part of a principal building used for the storage of motor vehicles
owned and used by the owner or tenant of the premises and for the
storage of not more than three (3) motor vehicles owned and used by
persons other than the owner or tenant of the premises. Not more
than one (1) commercial vehicle or truck may be stored in a private
garage.
(2) Garage, Public or Repair. A building, other than a

private or storage garage, one (1) or more stories in height, used
solely for commercial storage service or repair of motor vehicles.
(3) Garage, Storage. A building, not a private residential

or a public garage, one (1) story in height, used solely for the
storage of motor vehicles used in conjunction with a business or
industry, but not for the sale, service or repair thereof nor for
the sale of fuel, accessories or supplies.
Governing Body. The Board of Supervisors of the Township of Amity.
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Health Club. A private or public indoor facility utilized for

recreational activities. All activities relating to an adult business use
shall be prohibited within a health club.
High Water Table Soils. Surface soils which are within three feet
(3') of the seasonable high water table.
Highway Access Point. A place of ingress/egress from or access to a

street or highway created by a driveway or another street or highway.
Measurement between them shall be from the centerline of one (1) such
point to the centerline of another such point.
Highway Frontage. The lot dimensions measured along the right-of-

way line of any one (1) street or highway abutting a lot.
Home Occupation or Accessory Professional Office Use. A

professional use which is customarily carried on in a dwelling unit, or a
structure accessory thereto, clearly secondary and incidental to the
dwelling in which the practitioner resides.
Hotel. A building or group of buildings containing seven (7) or

more individual rooms for rental, primarily for transients, with common
hallways for all rooms on the same floor, and where no provision is made
for cooking in any individual room or suite. "Hotel" does not include
institutional or educational uses and buildings where human beings are
housed under legal constraint.
Hydric Soil. A soil that is saturated, flooded or ponded long

enough during the growing season to develop anaerobic conditions in the
upper part.
Impervious Coverage. The percentage of lot area covered by any and

all impervious materials, such as buildings, paved parking areas, paved
walks, terraces and similar surfaces which do not normally absorb
rainfall.
Impervious Surfaces. Those surfaces which do not normally absorb

water. All buildings, parking areas, driveways, roads, sidewalks and any
areas in concrete, asphalt or packed stone, which in the opinion of the
Township Engineer shall be considered impervious surfaces, shall be
classified as an impervious surface within this definition. In addition,
other area determined by the Township Engineer to be impervious within the
meaning of this definition will also be classified as impervious surfaces.
Improvement. Any type of structure or paved section, excluding

driveway, curb, sidewalk, planting strip or barrier to unchanneled motor
vehicle entrance or exit.
Improvement Setback. The minimum distance an improvement must be

set back from a street right-of-way and/or property line.
Industry. A facility for the manufacture, processing or warehousing

of products and materials.
Junk Yard. A lot, land or structure, or parts thereof, used for the
collection, storage, dismantling, salvage, sale or recycling of used and
discarded materials, including but not limited to waste paper, rags, scrap
metal or the scrap, salvage or discarded material from vehicles or
machinery. The deposit or storage of two (2) or more unlicensed,
uninspected, wrecked or disabled vehicles shall be deemed to be a "junk
yard".
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Kennel. A commercial establishment, structure, lot or portion of a

lot in which five (5) or more domesticated pets more than six (6) months
old are kept for the purpose of breeding, boarding, sale and/or show.
Laboratory. A building or group of buildings in which are located

the facilities for scientific research, investigation, testing and
experimentation, but not including the manufacture of products for sale.
Landowner. The legal or beneficial owner or 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 under a
written lease who has written authorization of the legal owner shall be
deemed to be a landowner for the purpose of this Chapter.
Landscaped Area. The percentage of a lot covered by trees, gardens,

grass, shrubbery, natural turf and other natural ground cover such as
mulch, decorative stone or similar material.
Lattice Tower. A guyed or self-supporting three (3) or four (4)

sided open, steel frame structure used to support telecommunications
equipment.
Light Manufacturing. The manufacturing, compounding, processing,

assembling, packaging or testing of goods or equipment, including research
activities, conducted entirely within an enclosed structure, with only
screened outside storage, serviced my modest volume of trucks or vans and
imposing a negligible impact on the surrounding environment by noise,
vibration, smoke, dust or pollutants.
Livestock. Farm animals exceeding three hundred (300) pounds in

weight which are kept or raised for use, pleasure and/or profit.
Lot. A tract or parcel of land, regardless of size, held in single

or joint ownership, not necessarily a lot or lots shown on a duly recorded
map, which is occupied or capable of being occupied by buildings,
structures and accessory buildings, including such open spaces as are
arranged, designed or required. The term “lot” shall also mean parcel,
plot, site or any similar term.
(1) Corner Lot. A lot situate at and abutting the

intersection of two (2) streets having an interior angle of
intersection not greater than one hundred thirty five degrees
(135°). The front yard and lot width requirements shall apply to
each street to which the corner lot has frontage.
(2) Interior Lot. A lot other than a corner lot, the sides
of which do not abut a street.
(3) Reverse Frontage Lots. Lots which have frontage on two

(2) public streets while restricting vehicular access solely from
the public street which would front along the commonly identified
rear of the lot.
(4) Through Lot. An interior lot having frontage on two (2)

parallel or approximately parallel streets.
(5) Flag Lot or Keyhole Lot. An irregularly shaped lot

characterized by an elongated extension from a street to the
principal part of the lot. The flag or keyhole shape of the lot is
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normally intended to provide for access to an otherwise land locked

interior parcel.
Lot Area (Gross). The space contained within the lot lines,
including land area within all existing and future/ultimate street rights-
of-way, areas delineated as "wetlands", areas identified as common open
space and land area within all utility, municipal and stormwater
easements.
Lot Area (Net). The space contained within the lot lines, excluding
any and all land areas as follows: areas within existing or designated
ultimate street rights-of-way; areas within the Environmental Protection
Overlay District; areas identified as common open space; and areas within
easements dedicated for utility, municipal or stormwater purposes. The
Net lot area for all proposed lots shall be no smaller than the minimum
lot size for the zoning district in which the lot is located.”
Lot Coverage. The percentage of a lot covered by principal and

accessory buildings.
Lot Depth. The mean average horizontal distance between the front
and the rear lot lines.
Lot Frontage. That portion of a lot which fronts on a single

street.
Lot Line. A line forming the front, rear or side boundary of a lot.
(1) Front Lot Line. The line separating a lot from a

street. The front lot line is also the street line.
(2) Rear Lot Line. The lot line which is opposite the front
lot line. The rear line of any triangularly or irregularly shaped
lot shall be established such that it will be at least ten feet
(10') long.
(3) Side Lot Line. Any lot line other than a front or rear
lot line.
Lot of Record. A lot or parcel recorded in the Office of the

Recorder of Deeds of Berks County, Pennsylvania.
Lot Width. The width of a lot measured at the street line and at
the legal right-of-way line and/or ultimate right-of-way line (where it
exists) of the street immediately adjacent thereto.
Low Power Commercial Mobile Radio Network. A system of low power

commercial telecommunications facilities which allow wireless conversation
to occur from site to site.
Low Power Commercial Mobile Radio Service. Mobile service provided

for various uses, including: (a) for profit, (b) interconnected to Public
Switch Network, (c) available to the public for such classes of eligible
users as to be effectively available to a substantial portion of the
public, which service must propose to or have developed multiple network
sites within the County of Berks and any surrounding counties bordering
the Township.
Low Power Mobile Radio Service Telecommunications Facility. A

facility which consists of equipment for the reception, switching and
transmission of low power mobile radio service communications. Such
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facility may be elevated (either building-mounted or ground-mounted)

transmitting and receiving antennas, low power mobile radio service base
station equipment and interconnection equipment. The categories of
facility types include:
(1) Roof and/or building mount facilities;
(2) Free-standing low power mobile radio service facilities;

and
(3) Micro-cell or repeater facilities.
For purposes of Zoning District height limitations, the height of free-

standing low power mobile radio service telecommunications facilities
shall be measured from the average elevation of the finished grade of the
building or structure.
Low Power Telecommunications Facility. An unmanned facility

consisting of equipment for the reception, switching and/or receiving of
wireless telecommunications operating at one thousand (1,000) watts or
less effective radiated power (ERP), including, but not limited to, the
following:
(1) Point-to-point microwave signals.
(2) Signals through FM radio translators.
(3) Signals through FM radio boosters under ten (10) watts

effective radiated power (ERP).
(4) Cellular, Enhanced Specialized Mobile Radio (ESMR) and

Personal Communications Networks (PCN).
(5) Private low power mobile radio service.
Massage Therapy Establishment. A place of business engaging in the

profession of “Massage Therapy” by an individual or individuals who hold
valid Pennsylvania licenses to practice massage therapy (“Licensee,”
“License”) as each of these terms are identified by the Massage Therapy
Law (Act 118 of 2008) 63 P.S. §627.1 – 627.50 and regulated pursuant to 49
Pa Code 20.1
Micro-Cell. A low power mobile radio service telecommunications

facility used to provide increased capacity in high call demand areas or
to improve coverage in areas of weak coverage. Micro-cells communicate
with the primary low power mobile radio service facility in a coverage
area via fiber optic cable or microwave. Coverage area for a micro-cell is
typically a one (1) mile radius or less. Micro-cells shall not exceed the
following maximum characteristics:
(1) Pole height: Not to exceed the height limit of the

underlying Zoning District as measured from the average elevation of
the finished grade of the building or structure; height is measured
to the top of the antenna.
(2) Permissible number of whip or panel antennas: Four (4).
(3) Permissible number of microwave antennas: One (1).
(4) Size of antennas:
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(i) Whip Antennas. No greater than three inches (3")

in diameter and up to twenty feet (20') long for each such
antenna.
(ii) Panel Antennas. No greater than one (1) square

foot of surface area for each such antenna.
(iii) Microwave Antennas. As allowed by the applicable

Zoning District regulations.
(5) Size of accessory building: No building permitted.
(6) Setback requirements: The setback requirements as

established for any accessory building or structure within the
applicable zoning district shall apply.
Microwave Antenna. A dish-like antenna manufactured in many sizes

and shapes used to link communication sites together by wireless
transmission of voice or data.
Mobile Home Lot. A parcel of land in a mobile home park improved

with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
Mobile Home Park. A parcel or contiguous parcels of land which has

been so designated and improved that it contains two (2) or more mobile
home lots for the placement thereon of mobile homes.
Monopole. A structure composed of a single spire used to support

telecommunications equipment.
Motel. A group of attached or detached buildings containing

individual living or sleeping units designed for temporary use by tourists
or transients generally traveling by motor vehicle.
Motor Vehicle Service Station. An area of land, including

structures thereon, used primarily for the sale of gasoline or motor
vehicle fuel, but which may be used secondarily for supplying services
generally required for the operation and maintenance of motor vehicles,
but which shall not include painting, body and fender repairs, or sale,
rental and storage of vehicles.
Municipality. The Township of Amity, Berks County, Pennsylvania.
Municipal Use. A use by the Township for public recreation area,

park, swimming pool, golf course, spectator sports, Township offices,
police station, water and sewage facilities, utilities, road materials and
equipment storage and similar governmental uses, auditorium, or meeting
rooms for civic group use.
No-Impact Home-Based Business. A business or commercial activity

administered or conducted as an accessory use which is clearly secondary
to the use as a residential dwelling and which involves no customer,
client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises, in excess of those
normally associated with residential use. The business or commercial
activity must satisfy the following requirements:
(1) The business activity shall be compatible with the

residential use of the property and surrounding residential uses.
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(2) The business shall employ no employees other than family

members residing in the dwelling.
(3) There shall be no display or sale of retail goods and no

stockpiling or inventory of a substantial nature.
(4) There shall be no outside appearance of a business use,

including, but not limited to, parking, signs or lights.
(5) The business activity may not use any equipment or

process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the
neighborhood.
(6) The business activity may not generate any solid waste
or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
(7) The business activity shall be conducted only within the

dwelling and may not occupy more than twenty-five percent (25%) of
the habitable floor area.
(8) The business may not involve any illegal activity.
Nonconforming Lot. A lot which does not meet with the minimum lot
width or area dimensions specified for the district where such lot is
situated, but was lawfully in existence prior to the effective date of
this Ordinance or is legally established through the granting of a
variance by the Zoning Hearing Board.
Nonconforming Structure or Building. A structure or building, or

part thereof, which does not meet the applicable provisions or
requirements of the district in which it is located, either at the time of
enactment of this Ordinance or as a result of subsequent amendments
thereto, where such building or structure lawfully existed prior to the
enactment of such Chapter or amendment. Such nonconforming structures
include, but are not limited to, nonconforming signs.
Nonconforming Use. A building, structure, sign or use of land which

does not conform to the applicable regulations of the district in which it
is located, either at the time of the enactment of this Ordinance or as a
result of subsequent amendments thereto, but which did not violate any
applicable use regulations prior to the enactment of such Chapter or
amendments. However, no existing use shall be deemed nonconforming solely
because of the existence of less than the required off-street parking
spaces.
Nursery/Greenhouse. The raising of trees (for transplanting),

ornamental, shrubs, flowers or house plants for any commercial purpose.
All nursery/greenhouses that are designed and constructed to be one
thousand (1,000) square feet or less shall be considered an accessory
structure. All nursery/greenhouses that are designed and constructed to
exceed one thousand (1,000) square feet in size shall be considered a
principal structure.
Nursing Home. A building containing sleeping rooms used by persons

who are lodged and furnished with meals and are provided with needed
support services, including the availability of basic nursing care. Such a
facility may or may not include skilled nursing or medical care. This
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definition shall be limited to facilities licensed by the Commonwealth of

Pennsylvania as a nursing center or personal care center.
Office. A building in which business, clerical, government, or

professional activities take place.
Official Zoning Map. The Zoning Map of the Township of Amity.
Omnidirectional Antenna. An antenna that is equally effective in all

directions, and whose size varies with the frequency and gain for which it
is designed.
One Hundred (100) Year Flood. A flood that, on the average, is

likely to occur once every one hundred (100) years, i.e., that has a one
percent (1%) chance of occurring each year, although the flood may occur
in any year.
Open Space. Unoccupied space open to the sky and on the same lot
with the principal use.
Parking Lot. An off-street area designed solely for the parking of

motor vehicles, including driveways, passageways and maneuvering space
appurtenant thereto.
Parking Perimeter. The limit beyond which parking is not allowed,

the circumscribed parking area.
Parking Space. A reasonably level space, available for the parking

of one (1) motor vehicle, not less than ten feet (10') wide and having an
area of not less than two hundred (200) square feet exclusive of
passageways or other means of circulation or access.
Paved Area. The percentage of lot area covered by any and all
impervious surfaces, as defined herein.
Permanent Sign. A sign which has a permanent location on the ground

or which is attached to a structure having a permanent location and meets
the structural requirements for signs as established in the Building Code.
Permitted Use. A use permitted in a particular district to occupy or

use land for a specific purpose in accordance with this Chapter, when such
use is permitted by right.
Plan. The proposal for development, including a part of subdivision,

all covenants, grants or easements and other conditions relating to use,
location and bulk of buildings, density of development, common open space
and public facilities.
Planned Residential Development. An 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 Chapter.
Planning Commission. The Planning Commission of the Township of

Principal Building. A building in which a principal use on a lot is

carried on.
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Principal Use. The main or primary purpose for which any land,
structure or building is designed, arranged or intended, and for which
they may be occupied or maintained under the terms of this Chapter.
Private Low Power Mobile Radio Service. All other forms of wireless
telecommunications which have similar physical facilities as Commercial
Low Power Mobile Radio Service, but which do not meet the definition of
Commercial Mobile Radio Service.
Recreation Area (Active). Land area that contains facilities that

require visitors/participants to become involved in physical or an
energetic moving function, primarily group functions.
Recreation Area (Passive). Land area that contains facilities that

require visitors/participants to become involved in quiet functions that
do not require physical or energetic functions. The term Passive
Recreation shall include walking, jogging and nature trails included as
part of any Park or Development.
Recycling Facility. Any location whose primary use is where waste

or scrap materials are stored, bought, sold, accumulated, exchanged,
packaged, disassembled or handled, including, but not limited to, scrap
metals, paper, rags, tires and bottles, and other such materials.
Repeater. A low power mobile radio service telecommunications

facility that extends coverage of a cell to areas not covered by the
originating cell. Repeater facilities shall not exceed the following
maximum characteristics:
(1) Pole height: In all Zoning Districts, not to exceed the

underlying Zoning District height limit as measured from the average
elevation of the finished grade of the building or structure; height
is measured to the top of the antennas.
(2) Permissible number of whip or panel antennas numbers:

four (4).
(3) Permissible number of microwave antennas: One (1).
(4) Size of antennas:
(i) Whip Antennas. No greater than three inches (3")

in diameter and twelve feet (12') long.
(ii) Panel Antennas. Four (4) feet square of surface

area for each such antenna.
(iii) Microwave Antennas. As allowed by applicable

Zoning District regulations.
(5) Size of accessory building: One (1) accessory building

up to one hundred (100) square feet of gross floor area (GFA) in
size.
(6) Setback requirements: The setback requirements as

established for any accessory building or structure within the
applicable Zoning District shall apply.
Roof and/or Building Mount Facility. A low power mobile radio

service telecommunications facility in which antennas are mounted to an
existing structure on the roof (including rooftop appurtenances) or
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building face. Roof or building-mounted facilities may include micro-cell

and/or repeater facilities. Such facilities must be screened, constructed
or colored to match the existing structure to which they are attached.
Roof and/or building mounted facilities shall not exceed the following
maximum criteria:
(1) The facility may include up to a maximum of four (4)

whip antennas, which may extend a maximum of fifteen feet (15')
above the highest portion of the structure to which they are
attached, including any rooftop appurtenances.
(2) The facility may extend a maximum of six feet (6') above
the highest portion of the structure to which it is attached,
including any rooftop appurtenances.
(3) A single accessory building may be constructed provided

that the building does not exceed five hundred (500) square feet of
gross floor area (GFA).
(4) Antennas on the rooftop or above a structure shall be

screened, constructed and/or colored to match the structure to which
they are attached. Antennas mounted on the side of a building or
structure shall be painted to match the color of the building or
structure or the background against which they are most commonly
seen. Microwave antennas exceeding twelve inches (12") in diameter
on a roof or building-mounted facility shall not exceed the height
of the structure to which they are attached, unless fully enclosed.
If an accessory equipment shelter is present, it must blend with the
surrounding building(s) in architectural character and color.
(5) Any applicant proposing any antenna to be mounted on a

building or other structure shall submit evidence from a
Pennsylvania registered professional engineer certifying that the
proposed installation shall not exceed the structural capacity of
the building or structure, considering wind and other loan
associated with the antenna location.
Sanitary Sewer System. A system designed to collect, treat and

dispose of sewage from users in compliance with state and local
regulations.
(1) On-Lot System. A sewage disposal system which collects,

treats and disposes of sewage or holds sewage from only one (1)
dwelling, principal use or lot.
(2) Community System. A sewage disposal system which

collects, treats and disposes of sewage from more than one (1)
plant, generally serving a neighborhood area.
(3) Public System. A sewage disposal system which collects,

treats and disposes of sewage from more than one (1) source by a
system of pipes to a central treatment and disposal plant.
Sign. Any permanent or temporary structure or part thereof or any

device attached, painted or represented, directly or indirectly, on a
support structure, building, wall or other surface (indoor or outdoor that
can be viewed by the public) that displays or includes any letter, word,
insignia, flag or representation used as or which is in the nature of an
advertisement, announcement, visual communication, direction or which is
designed to attract the eye or bring the subject to the attention of
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the public. The term “sign” includes the word “billboard,” “monument
sign” and “post sign,” but does not include the flag, pennant or insignia
of any nation, state, city or other political unit, nor public traffic or
directional signs.
Solid Waste. Waste, including solid, liquid, semi-solid or

contained gaseous materials.
Special Exception. A use permitted in a particular district by the

Zoning Hearing Board, to occupy or use land for a specific purpose in
accordance with this Chapter, when such use is not permitted by right.
State Obscenity Code. Section 5903, Title 18, Pennsylvania

Consolidated Statutes, as amended.
Story. That portion of a building included between the surface of

any floor and the surface of the floor next above it or if there be no
floor above it, then the space between any floor and the ceiling next
above it. A basement, but not a cellar, shall be deemed to be a story.
Street. A public or private right-of-way, excluding driveways,

intended as a means of vehicular and pedestrian travel, furnishing access
to abutting properties. The word "street" includes thoroughfare, avenue,
boulevard, court, drive, expressway, highway and similar terms.
(1) Arterial (Major) Street. A street serving a large

volume of comparatively high-speed and long distance traffic.
(2) Collector Street. A street which, in addition to

providing access to abutting properties, intercepts minor streets to
provide a route serving fifty (50) or more dwelling units to give
access to community facilities and/or arterial streets or other
collector streets. Streets within an industrial or commercial
development shall be considered collector streets.
(3) Minor Street. A street used primarily to provide access

to residential properties.
(4) Cul-De-Sac Street. A minor street intersecting another

street at one end, and terminating in a vehicular turnaround at the
other end.
(5) Marginal Access Street. A minor street, parallel and

adjacent to an arterial or collector street (but separating it by a
reverse strip) which provides access to abutting properties and
control of intersections.
(6) Internal Street. A minor street used for circulation

and access within a development involving multi-residential,
commercial and/or industrial land uses.
(7) Service Street (Alley). A minor right-of-way providing

secondary vehicular access to the side or rear of two (2) or more
properties.
Street Frontage. The lot dimension measured along the street line
or right-of-way line of any one street or highway abutting a lot.
Street Line. The dividing line between a lot and the outside
boundary of a public street, road or highway right-of-way legally open or
officially mapped by a municipality or higher governmental authority,
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between a lot and the outside boundary of a street shown on a recorded

subdivision or land development plan, or between a lot and a private
street or road over which the owners or tenants of one or more lots held
in single and separate ownership have a right-of-way.
Structure. Any manmade object having an ascertainable stationary

location or in land or water, whether or not affixed to the land.
Surface Mining. The extraction of minerals, rock and other products

of the earth by activities conducted upon the surface of the land which
require the removal of the overburden, strata or material overlying, above
or between the minerals, rock and other products of the earth, or by
otherwise exposing and retrieving the minerals from the surface. Mining
activities carried out beneath the surface by means of shafts, tunnels or
other underground mine openings are not included in this definition.
Swimming Pool. A body of water or receptacle for water having a

depth at any point greater than twenty-four inches (24") which is
primarily used or intended to be used for swimming or bathing.
Tattoo. The process of marking or coloring the skin of any person

by puncturing the skin or otherwise inserting coloring matter under the
skin so as to form indelible marks, figures or designs.
Tattoo Parlor. Any room or building or portion thereto where the

work of tattooing (or any part of such work) is practiced, the business of
tattooing (or any such business) is conducted, the work of tattooing
and/or body piercing is practiced, or the business of both tattooing and
body piercing is conducted.
Telecommunications. The science or technology of communications by

electronic transmission of impulses as by telegraph, cable, telephone,
radio, television, microwave, earth station broadcast/cable television
communications and other similar technology not otherwise enumerated and
as may evolve after enactment of this Ordinance.
Temporary Sign. A “temporary sign” is any sign, banner or poster

placed to advertise or announce a specific event, pertains to a particular
event or occurrence, is intended to be deployed for a limited time period
and which is not designed or intended to be placed permanently.
Township. The Township of Amity, Berks County, Pennsylvania.
Transitional-Age Development. A unified planned residential

development providing a unique and innovative approach for housing and
community development for families as well as persons over fifty-five (55)
years of age with at least fifty percent (50%) of the residences being
occupied by residents one of whom shall be over fifty-five (55) years of
age and who do not have children or dependents residing with them on a
permanent basis in accordance with the provisions of Sections 403(c)(9)
and 952 of this Chapter.
Use. The specific purpose for which land, a sign or a structure or

building is designed, arranged or intended, or for which it may be
occupied or maintained, or any activity, occupation, business or operation
which may be carried on thereon or therein. The term "permitted use" or
its equivalent shall not be deemed to include any non-conforming use.
Variance. Relief granted by the Zoning Hearing Board from the terms
and conditions of this Chapter where literal enforcement would create
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unnecessary hardship and when granting of the relief would not be contrary
to the public interest.
Waste. A material whose original purpose has been completed and

which is directed to a disposal or processing facility or is otherwise
disposed. The term waste shall also include and apply to waste considered
as either hazardous, contaminated, toxic, residual, municipal or
recyclable, as defined by the PA DEP and/or the Environmental Protection
Agency.
Water Supply System. A system designed to transmit water from the

source to users, in compliance with the requirements of the appropriate
state agencies and the Township.
(1) On-Lot Water Supply System. A water supply system which

transmits water from a source on the lot to one (1) dwelling,
principal use or lot.
(2) Community Water Supply System. A temporary water supply

system which transmits from a common source to more than one (1)
dwelling, principal use and/or lot within a single neighborhood. A
community water supply system may be permitted on a temporary basis
for developments which are to be permanently serviced by a public
water supply system.
(3) Public or Municipal Water Supply System. A system of

water collection, storage, transmission and delivery which is to
service a community, but not confined to a neighborhood.
Wetlands. Those areas that are inundated or saturated by surface or

groundwater at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas. The three (3)
major characteristics of wetlands include vegetation, soil and hydrology.
Whip Antenna. An antenna that is cylindrical in shape which can be

directional or omnidirectional. Their size varies based upon the
frequency and gain for which they are designed.
Woodland Extraction. The clear cutting of mature trees (six inches

(6") or more in caliper) to provide area for development on an individual
lot.
Yard. An open space on the same lot with a structure (or a group of
structures) which lies between the structure (or a group of structures)
and a lot line and which is unoccupied and unobstructed from the ground
upward except as herein permitted.
(1) Front Yard. A yard extending the full width of the lot
between a structure and the front lot line. On lots abutting more
than one public street other than an alley the front yard
requirement shall apply fronting each public street.
(2) Rear Yard. A yard extending the full width of the lot
between a structure and a rear lot line.
(3) Side Yard. A yard extending from the front yard to the
rear yard between a structure and the nearest side lot line.
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Zoning. Division of all of the land of an entire political

subdivision into districts having different regulations pertaining to use
of land; height, area, bulk and use of buildings; yard requirements; and
in some states density of population. Zoning is affected by local
ordinance under the police power of the state granted by specific
legislation generally termed an "enabling act".
Zoning Hearing Board. A board created by the governing body to hear

matters as provided for in this Chapter.
Zoning Map. The Township of Amity Zoning Map.
Zoning Officer. The agent or official designated by the governing

body to administer and enforce this Chapter.
Zoning Ordinance. The Amity Township Zoning Ordinance of 1968; as

comprehensively amended by Ordinance No. 130 enacted December 9, 1991; as
amended by Ordinance No. 134 enacted May 4, 1992; as further amended by
Ordinance No. 146 enacted August 29, 1994; as further amended by Ordinance
No. 160 enacted April 27, 1998; as further amended by Ordinance No. 164
enacted April 26, 1999; as further amended by Ordinance No. 166 enacted
October 11, 1999; as further amended by Ordinance No. 176 enacted December
11, 2000; as further amended by Ordinance No. 188 enacted May 6, 2002; as
further amended by Ordinance 192 enacted September 16, 2002; as further
amended by Ordinance 196 enacted April 15, 2003; as further amended by
Ordinance 229, December 19, 2006; as further amended by Ordinance 234,
April 17, 2007; as further amended by Ordinance 236 enacted May 16, 2007;
as further amended by Ordinance 239, August 21, 2007; as further amended
by Ordinance 246, August 6, 2008; as further amended by Ordinance 247,
October 1, 2008; as further amended by Ordinance 248, October 1, 2008; as
further amended by Ordinance 259, October 7, 2009; as further amended by
Ordinance 260, October 7, 2009; as further amended by Ordinance 261,
October 21, 2009; as further amended by Ordinance 269, December 15, 2010;
as further amended by Ordinance 275, October 5, 2011; as further amended
by Ordinance 281 enacted December 5, 2012; as further amended by Ordinance
283, March 19, 2014; as further amended by Ordinance 289, July 1, 2015; as
further amended by Ordinance 294, June 15, 2016.

April 27, 1998, Section 1; as further amended by Ordinance 164, April 26, 1999,
Sections 1 & 2; as further amended by Ordinance 192, September 16, 2002,
Section 1; as further amended by Ordinance 196, April 15, 2003, Section 1; as
further amended by Ordinance 229, December 19, 2006, Section 1; as further
amended by Ordinance 234, April 17, 2007, Sections 1 & 2; as further amended by
Ordinance 239, August 21, 2007, Section 1 & 2; as further amended by Ordinance
246, August 6, 2008, Sections 1 & 2; as further amended by Ordinance 247, October
1, 2008, Section 1; as further amended by Ordinance 248, October 1, 2008, Section
1; as further amended by Ordinance 269, December 15, 2010, Section 1; as further
amended by Ordinance 275, October 5, 2011, Section 1; as further amended by
Ordinance 283, March 19, 2014, Section 1; as further amended by Ordinance 289,
July 1, 2015, Section 1; as further amended by Ordinance 294, June 15, 2016,
Section 2)
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Part 3
Section 301. Establishment of Zoning Districts. For the purpose of this

Chapter, the Township is hereby divided into classes of zoning districts which
shall be designated as follows:
RC Rural Conservation District

LDR Low Density Residential District
MDR Medium Density Residential District
MHP Mobile Home Park District
HC Highway Commercial District
SCC Shopping Center Commercial District
LI/O Light Industrial/Office District
PBOI Planned Business/Office/Industrial District
RV Rural Village – Amityville District

December 15, 2010, Section 2; as further amended by Ordinance 283, March 19,
2014)
Section 302. Official Zoning Map.
(a) The boundaries of the zoning districts shall be shown on the

Zoning Map of Amity Township. The Zoning Map and all notations, references
and data illustrated thereon are hereby incorporated by reference into
this Chapter. The official copy of the Zoning Map shall be labeled and
identified by the signature of the Chairman of the Board of Supervisors,
attested by the Secretary of said Board, and bear the seal for the
Township under the following words:
"This is to certify that this is the Official Zoning Map of the

Township of Amity adopted by the Amity Township Board of Supervisors
on Match 19, 2014 as part of the Amity Township Zoning Ordinance of
1991, as amended."
(b) If, in accordance with the provisions of this Chapter and the
Pennsylvania Municipalities Planning Code, as amended, changes are made in
district boundaries or other matters portrayed on the Official Zoning Map,
such changes shall be entered on the Official Zoning Map promptly after
the amendment has been approved by the Board of Supervisors. No changes
of any nature shall be made in the Official Zoning Map, or matter thereon
shown, except in conformity with the applicable procedures established in
this Chapter. All changes shall be noted by date with a brief description
of the nature of the change.
(c) The Official Zoning Map shall be located in a place designated

by the Board of Supervisors, and shall be the final authority as to the
current zoning status of land and water area in the Township regardless of
unofficial copies which may have been made or published from time to time.
(d) In the event that the Official Zoning Map becomes damaged,
destroyed, lost or difficult to interpret because of the nature or number
of changes and additions, the Board of Supervisors may, by resolution,
adopt a new Official Zoning Map. The new Official Zoning Map may correct
drafting or other errors or omissions in the prior official Zoning Map,
but no such correction shall have the effect of amending the original
Official Zoning Map or any subsequent amendment thereof. The new Official
Zoning Map shall be identified by the signature of the Board of
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Supervisors, attested by the Secretary of said Board, and bear the seal of
the Township under the following words:
"This is to certify that this Official Zoning Map of the

Township of Amity supersedes and replaces the Official
Zoning Map adopted as part of Ordinance No._______ of
Amity Township, Berks County, Pennsylvania".
(e) Unless the prior Official Zoning Map has been lost or has been
totally destroyed, the prior map or any significant parts thereof
remaining shall be preserved together with all applicable records
pertaining to its adoption or amendment.

August 6, 2008, Section 18; as further amended by Ordinance 269, December 15,
2010, Section 3; as further amended by Ordinance 283, March 19, 2014, Section 3;
as further amended by Ordinance 294, June 15, 2016, Section 3)
Section 303. Interpretation of District Boundaries. Where uncertainty

exists as to the boundaries of districts as indicated on the Official Zoning Map,
the following rules provided within this section shall be applicable.
(a) Where district boundaries are indicated as approximately

coinciding with the center lines of streets, highways, lanes, alleys,
railroad tracks, rivers or creeks, such center line shall be construed to
be such boundaries.
(b) Where district boundaries are indicated as approximately

coinciding with lot lines or municipal boundary lines, such lines shall be
construed to be such boundaries.
(c) Where district boundaries are indicated as being approximately

parallel to the center or right-of-way lines of streets or highways,
lanes, alleys, railroad tracks, rivers or creeks, such district boundaries
shall be construed as being parallel to the center or right-of-way lines
at such distance as is indicated on the Official Zoning Map. Distances
not specifically indicated on the Official Zoning Map shall be determined
by the scale of the map.
(d) Where district boundaries are indicated as being approximately

perpendicular to the right-of-way lines of streets or highways, such
district boundaries shall be construed as being perpendicular to the
right-of-way lines.
(e) Where physical or cultural features existing on the ground are

at a variance with those indicated on the Official Zoning Map, or in
circumstances not covered within the context of this Section, the Zoning
Hearing Board shall interpret the district boundaries.
(f) Where a district boundary line divides a lot which was in

single ownership at the effective date of this Ordinance, at the election
of the property owner, the regulations of either zoning district may be
extended a distance of not more than fifty feet (50') beyond the district
boundary line onto the remaining portion of the lot.
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Section 304. Application of District Regulations. The following standards

indicated within this section shall be utilized for the generalized application
of the district regulations in association with this Chapter.
(a) No building, structure or land shall be used and no building,

structure or part thereof shall be erected, constructed, assembled, moved,
enlarged, reconstructed, removed or structurally altered without the
issuance of a Zoning and/or Building Permit by the Zoning Officer. No
building, structure or land shall be occupied without the issuance of a
Certificate of Use and Occupancy by the Zoning Officer.
(b) No part of a yard, common open space, other open space, or

off-street parking or loading space required in connection with one (1)
structure, building or use of the land shall be included as part of a
yard, common open space, open space, or off-street parking or loading
space similarly required for any other structure, building or use of the
land, except as permitted or required by this Chapter or other Township
ordinances or regulations.
(c) No yard or lot existing at the time of passage of this Chapter

which meets the requirements of this Chapter shall be reduced in dimension
or area below the minimum requirements set forth in this Chapter. A yard
or lot existing at the time of passage of this Chapter shall not be
further reduced below the minimum requirements of this Chapter.
(d) Where district regulations specify a minimum lot width at the

street line, the minimum lot width shall be provided contiguous along the
street line of one (1) street. It is prohibited, when calculating the
width of a lot, to add widths along the street lines of two (2) or more
streets. In the case of a corner lot, the minimum lot width must be
provided along the street line of one (1) street, but does not have to be
provided along the street line of each street on which the lot fronts.
(e) Where district regulations specify a minimum lot width at the

building setback line, the minimum lot width shall be provided contiguous
along the building setback line established from one (1) street. It is
prohibited, when calculating the width of a lot, to add widths along the
building setback lines established from two (2) or more streets. In the
case of a corner lot, the minimum lot width must be provided along the
building setback line established from one (1) street, but does not have
to be provided along the building setback line established from each
street on which the lot fronts.
(f) In the case of a lot of irregular shape in which a portion of

the lot abuts a street and a portion not abutting a street abuts the rear
yards of lots which have frontage on the same street as does the
irregularly shaped lot, on the irregularly shaped lot a building setback
line shall be established from the abutting rear yards. As a minimum, the
building setback requirement of the applicable zoning district shall be
used in establishing such building setback line.
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Part 4
Section 401. RC - Rural Conservation District.
(a) Purpose. The purpose of the Rural Conservation District is to

encourage woodland, agricultural and general open space conservation by
preserving natural features and environmentally sensitive lands such as
forests, water sheds and water courses while perpetuating the rural
atmosphere, open space and scenic landscape of the Township. A significant
portion of the RC District is classified as having severe limitations to
on-lot sewage disposal due to flooding, a high water table and/or steep
slopes. Residential and conservation uses are encouraged provided that
sufficient space is available for on-lot sewage disposal which will not
create any menace to public health, and natural features are not unduly
disturbed.
(b) Uses Permitted by Right. The following, as a single principal

use, such accessory uses and no other additional or multiple uses(s), is
permitted by right in the Rural Conservation District, provided that the
use, type, dimensional and all other applicable requirements of this
Chapter are satisfied.
(1) General agricultural uses, subject to Section 905 of

this Chapter.
(2) Municipal use.
(3) Single-family detached dwelling.
(4) Woodland or game preserve, wildlife sanctuary or similar

conservation use.
(5) Accessory uses and structures to the above permitted

uses when on the same lot as the permitted use.
(6) No-Impact Home-Based Businesses, except that such

permission shall not supersede any deed restriction, covenant or
agreement restricting the use of land, nor any master deed, bylaw or
other document applicable to a common interest ownership community,
and shall be subject to the provisions of Subsection 903(c).
(c) Uses Permitted by Conditional Use. The following, as a

principal use, their accessory uses, and no other, are permitted in the
Rural Conservation District when a conditional use is granted by the Board
of Supervisors subject to and in accordance with Part 11 of this Chapter.
(1) Church or similar place of worship.
(2) Home occupation, subject to Section 903 of this Chapter.
(3) Nursery/greenhouse.
(4) Intensive agricultural uses, subject to Section 905 of

this Chapter.
(5) Golf driving ranges.
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(d) Uses Permitted by Special Exception. The following, as a

principal use, their accessory uses, and no other, are permitted in the
Rural Conservation District when a special exception is granted by the
Zoning Hearing Board subject to and in accordance with Part 11 of this
Chapter.
(1) Public cemetery.
(2) Pet cemetery.
(3) Commercial campgrounds, subject to Section 930 of this

Chapter.
(4) Public Utility Uses, subject to Section 929 of this

Chapter.
(5) Recreation uses, including parks (except amusement

parks), playgrounds, picnic grounds, horse riding trails and
stables, golf courses (except miniature golf courses), swimming
areas and pools, hiking trails, boating, fishing, camping and
hunting, subject to Section 906 of this Chapter.
(6) Tourist, bed and breakfast, rooming or boarding house,

subject to Section 934 of this Chapter.

(e) Area, Yard and Height Regulations. Each of the following

maximum and minimum dimensional requirements shall apply to each permitted
use in the Rural Conservation District, except as specifically provided
for in this Chapter:
Minimum Regulations
Lot Area (net) 80,000 sq. ft.

Lot Width 200 feet
Building Setback 50 feet
Rear Yard 30 feet
Side Yard
Total 50 feet
One Side 25 feet
Buffer Yard (depth) 10 feet
Maximum Regulations
Building Height
Farm Buildings/Silos No Maximum
Principal Buildings 35 feet
Lot Coverage 12 percent
(f) Supplementary Regulations. All sections under Part 9 of this

Chapter shall apply as supplementary guidelines and specifications for the
Rural Conservation District.

August 29, 1994, Section 1; as further amended by Ordinance 196, April 15, 2003,
XXXII-34
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Section 3; as further amended by Ordinance 229, December 19, 2006, Section 2; as

further amended by Ordinance 281, December 5, 2012, Section 1)
Section 402. LDR - Low Density Residential District.
(a) Purpose. The purpose of the Low Density Residential District

is to encourage moderate residential development, to retain the rural and
suburban characteristics of the Township, and to serve as a transition
between areas of variable densities. A significant portion of the LDR
District is classified as having slight to severe limitations to on-lot
sewage disposal due to flooding and a high water table. Development of
these areas will be further regulated by the Environmental Protection
Overlay Districts.

permitted by right in the Low Density Residential District provided that
the use, type, dimensional and all other applicable requirements of this
Chapter are satisfied:

this Chapter.
(3) Municipal use.
(5) Cluster Development containing single family detached

dwellings subject to Part 6 of this Chapter.
(6) Public utilities uses, subject to Section 929 of this

Chapter.

conservation use.


(10) Commercial Retirement Community and their accessory

uses, subject to the provisions of Section 953 of this Chapter.
(11) Age Restricted Housing and their accessory uses, subject

to the provisions of Section 956 of this Chapter.

principal use, their accessory uses and no other, are permitted in the Low
Density Residential District when a conditional use is granted by the
Board of Supervisors subject to and in accordance with Part 11 of this
Chapter.
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(3) Golf driving ranges or miniature golf courses.


principal use, their accessory uses and no other, are permitted in the Low
Density Residential District when a special exception is granted by the
Zoning Hearing Board subject to and in accordance with Part 11 of this
Chapter:
(1) Public cemetery.

Chapter.
(3) Club or lodge for fraternal or social purposes provided

that the primary activity of such use is not operated for business,
and provided that the building and services shall be primarily for
the use of members and their guests.
(4) Fire station.
(5) Recreational uses, including parks (except amusement

stables, golf courses, swimming areas and pools, hiking trails,
boating, fishing, camping and hunting, subject to Section 906 of
this Chapter.
(6) State licensed nursery school, elementary school, middle

school, junior high school, senior high school or day care center.

(8) Intensive agricultural uses, subject to Section 905 of

this Chapter.


minimum and maximum dimensional requirements shall apply to each use in
the Low Density Residential District, except as specifically provided for
in this Chapter:
Minimum Regulations
Lot Area (Net) 80,000 sq. ft.
Lot Width 200 feet
Rear Yard 30 feet
Side Yard
Total 50 feet
Each Side 25 feet
Buffer Yard (depth) 10 feet
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Maximum Regulations
Building Height 35 feet


Low Density Residential District.

Section 3; as further amended by Ordinance 192, September 16, 2002, Section 2; as
further amended by Ordinance 196, April 15, 2003, Section 4; as further amended
by Ordinance 229, December 19, 2006, Section 3; as further amended by
Ordinance 236, May 16, 2007, Section 1; as further amended by Ordinance 247,
October 1, 2008, Section 2; as further amended by Ordinance 248, October 1, 2008,
Section 2; as further amended by Ordinance 260, October 7, 2009, Section 1; as
further amended by Ordinance 261, October 21, 2009, Section 1; as further amended
by Ordinance 281, December 5, 2012, Section 2)
Section 403. MDR - Medium Density Residential District.
(a) Purpose. The purpose of the Medium Density Residential

District is to maintain and promote residential growth in areas of the
Township which have the potential for being serviced by public sewage
and/or water facilities. The MDR District contains the least amount of
physical limitations for development within the Township and is most
suitable to accommodate the highest permissible residential densities.

permitted by right in the Medium Density Residential District provided
that the use, type, dimensional and all other applicable requirements of
this Chapter are satisfied.

this Chapter.
(2) Municipal use.
(3) Fire station.
(4) Public utilities, subject to Section 929 of this

Chapter.

conservation use.


(9) Commercial Retirement Community and their accessory

uses, subject to the provisions of Section 953 of this Chapter.
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(10) Age Restricted Housing and their accessory uses, subject

to the provisions of Section 956 of this Chapter.

principal use, their accessory uses and no other, are permitted in the
Medium Density Residential District when a conditional use is granted by
the Board of Supervisors subject to and in accordance with Part 11 of this
Chapter.
(4) Cluster development containing single-family detached

dwelling units, subject to Part 6 of this Chapter.
(5) Planned residential development, subject to Part 7 of

this Chapter.
(6) Semi-detached residential developments, subject to

(7) Golf driving ranges or miniature golf courses.

(9) Transitional-Age Development and their accessory uses,

subject to the provisions of Section 952 of this Chapter.
(d) Use Permitted by Special Exception. The following, as a

Medium Density Residential District when a special exception is granted by
the Zoning Hearing Board to and in accordance with Part 11 of this
Chapter:

(2) Recreation uses, including parks (except amusement

stables, golf courses, swimming areas and pools, hiking trails,
boating, fishing, camping and hunting, subject to Section 906 of
this Chapter.

school, junior high school, senior high school or day care center.
(4) Multi-family residential developments, subject to

(5) Two-family residential developments, subject to


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minimum and maximum dimensional requirements shall apply to each use in
the Medium Density Residential District, except as specifically provided
for in this Chapter:
On-Lot Sewage Public or Public or

And Water Community Sewage Community Sewage
Minimum Regulations Facilities Facilities and Water Facilities
Lot Area (net) 80,000 sq. ft. 30,000 sq. ft. 12,000 sq. ft.
Lot Width 200 feet 125 feet 100 feet
Building Setback 50 feet 40 feet 30 feet
Rear Yard 30 feet 20 feet 20 feet
Side Yard
Total 50 feet 40 feet 30 feet
Each Side 25 feet 20 feet 15 feet
Buffer Yard (depth) 10 feet 10 feet 10 feet
Maximum Regulations
Building Height 35 feet 35 feet 35 feet

Lot Coverage 20 percent 30 percent 40 percent

Medium Density Residential District.

May 4, 1992; as further amended by Ordinance 146, August 29, 1994, Section 1; as
by Ordinance 229, December 19, 2006, Section 4; as further amended by Ordinance
239, August 21, 2007, Section 3; as further amended by Ordinance 247, October 1,
2008, Section 3; as further amended by Ordinance 248, October 1, 2008, Section 3;
as further amended by Ordinance 281, December 5, 2012, Section 3)
Section 404. MHP - Mobile Home Park District.
(a) Purpose. The purpose of the Mobile Home Park District is to

provide growth areas within the Township for mobile home parks. These
areas contain moderate limitations for development and have the potential
for being serviced by public or community water and sewage facilities.
permitted by right in the Mobile Home Park District provided that the use,
type, dimensional and all other applicable requirements of this Chapter
are satisfied.
(1) Mobile home park, subject to Part 8 of this Chapter.
(2) Single-family detached dwelling, subject to the area,

yard and height regulations specified under the MDR Zoning District
(Subsection 403(e)).
(3) Municipal use.

Chapter.
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this Chapter.


(c) Uses Permitted by Special Exception. The following, as a

Mobile Home Park District when a special exception is granted by the
Zoning Hearing Board to and in accordance with Part 11 of this Chapter:
(2) Semi-detached residential developments, subject to

(3) Two-family residential developments, subject to

(4) Accessory uses or structures to the above permitted uses

when on the same lot as the permitted use.
(d) Supplementary Regulations. All sections under Part 9 of this

Mobile Home Park District.

Section 6)
Section 405. HC - Highway Commercial District.
(a) Purpose. The purpose of the Highway Commercial District is to

provide an area for a generalized variety of commercial land uses which
service the basic needs of the surrounding residential communities. The HC
District is located along arterial and major collector highways within the
Township. Development which occurs shall be planned to accomplish safe
development of highway frontage and to protect major highways as
thoroughfares.

permitted by right in the Highway Commercial District, provided that the
use, type, dimensional and all other applicable requirements of this
Ordinance have been satisfied:

this Chapter.
(2) Banks, savings and loan associations and finance

companies.
(3) Professional or government office or studio.
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(5) Funeral home.
(7) Municipal use.
(8) Personal and household service establishments such as,

but not limited to, barber shops, beauty shops, dry cleaning shops,
laundromats, repair shops, massage therapy establishments,
seamstress and tailor shops.

Chapter.
(10) Restaurants and similar types of eating establishments.
(11) Retail business establishment such as, but not limited

to, antiques, appliances, auto parts, beverages, bicycles, books
(except adult bookstores), carpeting, clothing, convenience store
with or without gasoline pumps, dry goods, flowers, food, furniture,
hardware, household supplies, jewelry, machinery, newspapers, office
equipment, paint, periodicals, pharmaceuticals, sporting goods,
stationary and tobacco.
(12) Professional office/research park subject to Section 939

of this Chapter.

uses when on the same lot as the permitted use including residential
use occupied by the caretaker or owner of a commercial use located
on the same lot.
(14) Nursing home, retirement home or convalescent home

subject to the conditions set forth at Section 955 of this Chapter.
(15) Multiple commercial uses permitted in combination and

occupancy subject to the following conditions:
(i) The following commercial uses and no other shall

be permitted in combination:
a) Professional or government office or studio;
b) Personal and household service

establishments such as, but not limited to, barber
shops, beauty shops, dry cleaning shops, laundromats,
repair shops, seamstress and tailor shops;
c) Administrative offices for public utilities,

but specifically excluding construction, staging,
external equipment, material and vehicular storage;
d) Restaurants and similar types of eating

establishments;
e) Retail business establishment such as, but

not limited to, antiques, appliances, auto parts,
beverages, bicycles, books (except adult bookstores),
carpeting, clothing, convenience store with or without
gasoline pumps, dry goods, flowers, food, furniture,
hardware, household supplies, jewelry, machinery,
newspapers, office equipment, paint, periodicals,
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LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
pharmaceuticals, sporting goods, stationary and tobacco;

and
f) Banks, savings and loan associations and

finance companies.
(ii) Unless otherwise permitted by the Board of

Supervisors, the commercial uses shall be individually
serviced by municipal sewage facilities.
(iii) Unless otherwise permitted by the Board of

Supervisors, the commercial uses shall be individually
serviced by public water supply where accessible.
(iv) The commercial uses shall consist of harmonious

land uses, structures and services.
(v) Multiple commercial uses permitted in combination

shall be in single ownership of land/structure or under a
guaranteed unified management control.
(vi) All means of ingress and/or egress shall be

located at least two hundred feet (200') from any other
intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The developer shall
be responsible for the purchase and installation of any
traffic control devices and the construction of additional
acceleration and/or deceleration lanes as may be required by
the Pennsylvania Department of Transportation (PennDOT) or the
Township. The developer shall also be responsible for any
pertinent traffic studies that may be required by the
Township, the County and/or PennDOT.
(vii) Interior access ways shall be designed so as to

prevent traffic congestion at points of ingress and egress.
Areas designated for the loading or unloading of trucks and/or
other commercial vehicles shall be planned and arranged so
they may be utilized without interfering with the interior
traffic circulation and parking facilities.
(viii) All commercial uses shall meet the combined

parking requirements specified under Section 924 of this
Chapter.
(ix) Lighting for buildings, signs, access ways and

parking areas shall be arranged so they do not reflect towards
any public street or residential zoning districts.
(x) Exterior storage areas for trash and rubbish shall

be properly screened so as to preclude the storage area from
being visible from adjacent properties or road surfaces. All
containers shall be air-tight, vermin proof and have adequate
storage capacity to accommodate the projected volumes of solid
waste. No such storage area shall be permitted within thirty
feet (30') from any lot line.
(xi) All exterior lot lines of the original tract shall

be screened by a buffer yard with a minimum depth of twenty
feet (20’). The buffer yard shall be consistent with
standards specified under Section 517 of the Subdivision and
Land Development Ordinance.
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(xii) All signs shall be consistent with

Subsection 927(f), excluding Subsection 927(f)(3), of this
Chapter. The total area of all signage for combined or
multiple commercial uses shall not exceed the maximum signage
permitted under Subsection 927(f)(1) of this Chapter.
(xiii) The site utilized for the multiple

commercial uses shall conform to the area, yard and height
regulations that are specified under Subsection 405(e) of this
Chapter.
(xiv) All proposed multiple commercial uses, including

all expansions, additions and/or revisions, are subject to the
policies and provisions regarding land development specified
in the Township Subdivision and Land Development Ordinance
(see Chapter 27 of the Township Code of Ordinances).
(16) Self storage units, subject to the requirements

specified under Section 951 of this Chapter.

(18) Continuing Care Retirement Community subject to the

conditions set forth at Section 954 of this Chapter.

Highway Commercial District when a conditional use is granted by the Board
of Supervisors subject to and in accordance with Part 11 of this Chapter.
(1) Adult business uses, subject to Section 937 of this

Chapter.
(2) Automatic car wash.
(3) Automobile sales.
(4) Automobile service station.


Chapter.
(7) Fire station.
(8) Hotel/motel accommodations.
(9) Recreation uses, subject to Section 906 of this Chapter.
(10) State licensed nursery school or day care center.
(11) Exportation and/or extraction of groundwater, subject to

the requirements specified under Section 950 of this Chapter.
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(d) Area, Yard and Height Regulations. Each of the following

minimum and maximum requirements shall apply to each permitted use in the
Highway Commercial District, except as specifically provided for in this
Chapter:

And Water Community Sewage Community Sewage
Minimum Regulations Facilities Facilities and Water Facilities
Lot Area 80,000 sq. ft. 50,000 sq. ft. 30,000 sq. ft.
Side Yard Total 60 feet 60 feet 30 feet
Each Yard 30 feet 30 feet 15 feet
Improvement Setback 20 feet 20 feet 10 feet
Buffer Yard (Depth) 10 feet 10 feet 10 feet
Landscaped Area 50 percent 40 percent 30 percent
Maximum Regulations

Paved Area 40 percent 50 percent 60 percent
(e) Land Development Plan. Prior to the issuance of a zoning

and/or building permit for a non-residential land use that is permitted
within the Highway Commercial District, the applicant shall submit a land
development plan to the Planning Commission for review and comment. The
Planning Commission shall review each land development plan in accordance
with all Township standards, guidelines and specifications concerning land
development before recommending a decision to the Board of Supervisors.
(f) Supplementary Regulations. All Sections under Part 9 of this

Highway Commercial District.

August 29, 1994, Sections 1 & 2; as further amended by Ordinance 164, April 26,
1999, Section 4; as further amended by Ordinance 196, April 15, 2003, Section 7;
as further amended by Ordinance 229, December 19, 2006, Sections 5 & 6; as
and restated by Ordinance 246, August 6, 2008, Section 3; as further amended by
Ordinance 283, March 19, 2014, Section 4)
Section 406. SCC - Shopping Center Commercial District.
(a) Purpose. The purpose of the Shopping Center District is to

provide an area for small, unified commercial shopping centers which
services and provides for the basic needs of the Township. The SCC
District is concentrated around existing compatible commercial land uses
that are located along arterial highways within the Township. Development
which occurs shall be planned to accomplish safe development of highway
frontage and to protect major highways as thoroughfares.
(b) Uses Permitted by Right. The following, as a principal use,

their accessory uses and no other, are permitted by right in the Shopping
Center District, provided that the use, type, dimensional and all other
XXXII-44
LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
applicable requirements of this Chapter have been satisfied:
(1) All uses permitted by right in the Highway Commercial

District, provided the use meets the area, yard and height
requirements (Subsection 405(e)) of the Highway Commercial District.
(2) Shopping center, mall, plaza or mini-mall, subject to

(3) Indoor theater (except adult theaters) and place of

amusement or recreation.

(c) Uses Permitted by Special Exception. The following, as a

Shopping Center District when a special exception is granted by the Zoning
Hearing Board to and in accordance with Part 11 of this Chapter:
(1) All uses permitted by special exception (with the

exception of adult business uses) in the Highway Commercial
District.

(3) Exportation and/or extraction of groundwater, subject to

the requirements specified under Section 950 of this Chapter.

minimum and maximum dimensional requirements shall apply to each permitted
use in the Shopping Center Commercial District, except as specifically
provided for in this Chapter:
Minimum Regulations
Lot Area 3 acres

Lot Width 250 feet
Rear Yard 50 feet
Side Yard
Total 80 feet
One Side 40 feet
Improvement Setback 30 feet
Buffer Yard (Depth) 20 feet
Landscaped Area 30 percent
Maximum Regulations

Paved Area 60 percent
(e) Land Development Plan. Prior to the issuance of a zoning

within the Shopping Center Commercial District, the applicant shall submit
a land development plan to the Planning Commission for review and comment.
The Planning Commission shall review each land development plan in
accordance with all Township standards and specifications concerning land
XXXII-45
LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
(f) Supplementary Regulations. All Sections under Part 9 of this

Shopping Center Commercial District.
(Ordinance 130, December 9, 1991, Section 406; as amended by Ordinance 234, April
17, 2007, Section 4; as further amended and restated by Ordinance 246, August 6,
2008, Section 4)
Section 407. LI/O - Light Industrial/Office District.
(a) Purpose. The purpose of the Light Industrial/Office District

is to provide an area for a generalization of light industrial land uses
or for the development of a unified office park of professional and
corporate offices which services and provides for the basic needs of the
surrounding residential communities of the Township. The Light
Industrial/Office District is located and centralized in an area which
will adequately accommodate industrial and commercial growth provided that
each existing and proposed land use does not affect the public health,
safety and general welfare of the adjacent residential areas.

permitted by right in the Light Industrial/Office District, provided that
the use, type, dimensional and all other applicable requirements of this
Chapter have been satisfied:

this Chapter.
(2) Business, professional or government office.
(3) Manufacturing activities such as, but not limited to,

assembly, bottling, compounding, fabrication, packaging, processing,
production and repair.
(4) Municipal use.
(5) Printing, binding or publishing facilities.

Chapter.
(7) Retail business establishment such as, but not limited

to, antiques, appliances, auto parts, beverages, bicycles, books
(except adult bookstores), carpeting, clothing, convenience store
with or without gasoline pumps, dry goods, flowers, food, furniture,
hardware, household supplies, jewelry, newspapers, periodicals,
pharmaceuticals, sporting goods, stationary and tobacco.
(8) Warehouse facilities.
(9) Wholesale and distribution facilities.
(10) Industrial park, subject to Section 940 of this Chapter.
(11) Professional office/research park, subject to Section

939 of this Chapter.

uses when on the same lot.
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LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
(13) Multiple industrial and office uses permitted in

combination and occupancy subject to the following conditions:
(i) The following industrial and office uses and no

other shall be permitted in combination:
a) Business, professional or government office;
b) Manufacturing activities such as, but not

limited to, assembly, bottling, compounding,
fabrication, packaging, processing, production and
repair;
c) Municipal uses;
d) Printing, binding or publishing facilities;
e) Public utilities, subject to Section 929 of

this Chapter;
f) Warehouse facilities;
g) Wholesale and distribution facilities.
(ii) The total lot coverage for the industrial and

office uses permitted in combination shall not exceed forty
percent (40%) of the total land area.
(iii) The total paved area for the industrial and office
uses permitted in combination shall not exceed sixty percent
(60%) of the total land area.
(iv) Unless otherwise permitted by the Board of

Supervisors, the industrial and office uses shall be
individually serviced by municipal sewage facilities.
(v) Unless otherwise permitted by the Board of

Supervisors, the industrial and office uses shall be
individually serviced by public water supply where accessible.
(vi) The industrial and office uses shall consist of

harmonious land uses, structures and services.
(vii) Multiple industrial and office uses permitted in

combination shall be in single ownership of land/structure or
under a guaranteed unified management control.
(viii) Retail business and service establishments are

permitted provided they are designed and intended primarily to
serve the employees within the permitted industrial and office
uses. These uses shall not exceed five percent (5%) of the
gross floor area of the permitted industrial uses.
(ix) All means of ingress and/or egress shall be

located at least two hundred feet (200') from any other
intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The developer shall
be responsible for the purchase and installation of any
traffic control devices and the construction of additional
acceleration and/or deceleration lanes as may be required by
the Pennsylvania Department of Transportation (PennDOT) or the
Township. The developer shall also be responsible for any
XXXII-47
LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
pertinent traffic studies that may be required by the

Township, the County and/or PennDOT.
(x) Interior accessways shall be designed so as to

prevent traffic congestion at points of ingress and egress.
Areas designated for the loading or unloading of trucks and/or
other commercial vehicles shall be planned and arranged so
they may be utilized without interfering with the interior
traffic circulation and parking facilities.
(xi) Lighting for buildings, signs, accessways and

parking areas shall be arranged so they do not reflect towards
any public street or residential zoning districts.
(xii) Exterior storage areas for trash and rubbish shall

be properly screened so as to preclude the storage areas from
being visible from adjacent properties or road surfaces. All
containers shall be air-tight, vermin proof and have adequate
storage capacity to accommodate the projected volumes of solid
waste. No such storage area shall be permitted within thirty
feet (30') from any lot line.
(xiii) All signs shall be consistent with

Subsection 927(f) excluding Subsection 927(f)(3) of this
Chapter. The total area of all signage for combined or
multiple industrial and office uses shall not exceed the
maximum signage permitted under Subsection 927(f)(1) of this
Chapter.
(xiv) The site utilized for the multiple industrial and

office uses shall conform to the area, yard and height
regulations that are specified under Subsection 407(e) of this
Chapter.
(xv) All proposed multiple industrial and office uses,

including all expansions, additions and/or revisions, are
subject to the policies and provisions regarding land
development specified in the Township Subdivision and Land
Development Ordinance (see Chapter XXVII of the Township Code
of Ordinances).

Light Industrial/Office District when a conditional use is granted by the
Board of Supervisors subject to and in accordance with Part 11 of this
Chapter.
(1) Heliport, subject to Section 908 of this Chapter.

Heliport is hereby defined as any area of land, water or structure
which is used or intended to be used for the landing and takeoff of
helicopters and any appurtenant areas which are used for heliport
buildings or helicopter facilities or rights-of-way, together with
all heliport buildings and facilities thereon. The heliport itself
shall be subject to all Area, Yard and Height regulations set forth
in Subsection (e) of this Section and all other provisions of the
Amity Township Zoning and Subdivision and Land Development
Ordinance.
XXXII-48
LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03

Light Industrial/Office District when a special exception is granted by
the Zoning Hearing Board to and in accordance with Part 11 of this
Chapter:
(2) Junk yards, subject to Section 938 of this Chapter.
(3) Metal processing facilities.
(4) Quarrying, mining or extracting operations, subject to

(5) Solid waste disposal facilities, subject to Section 936

of this Chapter.
(6) Truck distribution center.

(8) Kennels, subject to Section 947 of this Chapter.

minimum and maximum dimensional requirements shall apply to each permitted
use in the Light Industrial/Office District, except as specifically
Minimum Regulations
Lot Area 3 acres

Lot Width 250 feet
Rear Yard 50 feet
Side Yard
Total 80 feet
One Side 40 feet
Improvement Setback 30 feet
Buffer Yard (Depth) 20 feet
Landscaped Area 30 percent
Maximum Regulations

Paved Area 60 percent
(f) Land Development Plan. Prior to the issuance of a zoning

within the Light Industrial/Office District, the applicant shall submit a
land development plan to the Planning Commission for review and comment.
The Planning Commission shall review each land development plan in
accordance with all Township standards and specifications concerning land
(g) Supplementary Regulations. All Sections under Part 9 of this

Light Industrial/Office District.
XXXII-49
LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03

August 29, 1994, Sections 1 & 3; as further amended by Ordinance 164, April 26,
1999, Section 5; as further amended by Ordinance 188, May 6, 2002, Section 1; as
further amended by Ordinance 229, December 19, 2006, Sections 7 & 8; as further
amended by Ordinance 234, April 17, 2007, Section 5; as further amended by
Ordinance 246, August 6, 2008, Section 5)
Section 408. PBOI - Planned Business/Office/Industrial District.
(a) Purpose. The purpose of the Planned Business/Office/Industrial

District is to establish an appropriate location and development standards
which are intended to:
(1) Provide for business, office and light industrial

development in a unified, attractive, campus-like environment.
Multiple uses on a single tract shall be permitted and encouraged.
(2) Promote high quality visually attractive and

environmentally responsible site and building design, while
providing for maximum flexibility.
(3) Provide design standards that are intended to require

maximum attention to proper site design including the location and
design of structures, parking areas, environmentally sensitive
areas, vehicular and pedestrian circulation facilities, storm water
management facilities, landscaping, etc.
(4) Encourage business, office and light industrial

development which will provide an economic base and high quality
jobs for Amity Township.
(5) Provide for business, office and light industrial

development uses that will have minimum impact on the environment
and adjacent residential uses.
(b) Uses Permitted by Right. The following, as a single

principal use or as uses in combination and their accessory uses shall be
permitted by right in the Planned Business/Office /Industrial District,
provided that the use, type, dimensional and all other applicable
requirements of this Ordinance have been satisfied:
(1) Business, professional or governmental offices.
(2) Light metal manufacturing processes, including metal

finishing, grinding, polishing and heat treatment, metal stamping and
extrusion of small products, the assembly, manufacture, repair and/or
servicing of small electrical and/or electronic appliances, equipment
and supplies, and the manufacture of light machinery such as business
and office machines.
(3) Light manufacture of paper and wood products, ceramic

products and plastic and/or rubber products.
(4) Light manufacture, compounding, assembly, processing,

packaging and bottling of food products and beverages, cosmetics,
pharmaceuticals, medicine and personal care products (excluding
cleaning solutions), and products from previously prepared materials
(excluding dyeing, chemical treatment, chemical preservation or
concrete or asphalt product manufacturing).
(5) Printing, binding and publishing facilities.
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LAB AMITY CODE 13404-10 C32 07/06/16 C51471-03
(6) Laboratory for scientific or industrial research,

testing, experimentation and/or development.
(7) Hotel and/or conference center.
(8) Health club containing amenities such as a swimming

pool, spa, indoor track, exercise equipment and sports courts.
(9) Adult daycare and child daycare.
(10) Fire station and emergency medical services facility.
(11) Public uses, structures or buildings owned and operated

by Amity Township, not including sanitary landfills, recycling
facilities and trash transfer stations.
(12) Restaurants and similar types of eating establishments.
(13) Personal and household service establishments, such as,

but not limited to, barber shops, beauty shops, dry cleaning shops,
laundromats, repair shops, seamstress and tailor shops.
(14) Business services such as copying, office equipment

sales/service and printing.
(15) Warehouse and distribution facilities so long as the

same are operated in conjunction with another use permitted by right
within this Section and operating within the PBOI District. Truck
terminal and fuel distribution are not permitted.
(16) Dry cleaning, laundry and clothes pressing plants.
(17) Continuing Care Retirement Community (CCRC), subject to

(c) Uses Permitted by Conditional Use. The following are permitted

in the Planned Business/Office/Industrial District when a conditional use
is granted by the Board of Supervisors subject to and in accordance with
Part 11 of this Chapter.
(1) Heliport. Subject to Section 908 of this Chapter so long

as the same are operated in conjunction with another use permitted
by right in this Section and operating within the PBOI District.
The heliport itself shall be subject to all area, yard and height
regulations set forth in this Section and all other provisions of
the Amity Township Zoning Ordinance and Subdivision and Land
(2) Interior service and convenience uses including, but not

limited to, restaurant, specialized retail sales, barber/beauty
shop, photo copy service, pharmacy and optician. All interior
service and convenience uses shall not occupy more than a total of
20% of the total floor area of the building in which they are
located.
(3) Complete Truck Fleet Management, including leasing,

financing, and maintenance, and operations management consulting.

minimum and maximum requirements shall apply to each tract of land
developed in the Planned Business/Office/Industrial District, except as
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specifically provided for in this Chapter.
Minimum Regulations
Construction Site Area 40 acres

Construction Site Contiguous Lot Width 200 feet
Building Setbacks
Perimeter of PBOI Zoning District, 100 feet
including existing streets
Existing Residential Use 100 feet
Improvement Setback
Perimeter of PBOI District, including 75 feet
existing streets
Buffer Yard
Perimeter of PBOI District, including 25 feet
existing streets
Landscaped Area of Construction Site 20 percent
Maximum Regulations

Impervious Area of Construction Site 80 percent
(e) General Development Regulation. In addition to the other

regulations of this District, the following requirements shall apply to
developments within the Planned Business/Office/Industrial District.
(1) The development shall be consistent with the purpose of

this chapter and shall not adversely affect the health, safety,
morals, and general welfare of the Township.
(2) The development shall consist of a harmonious selection

of uses and groupings of building, service, and parking areas,
circulation, and open spaces, planned, and designed as an integrated
unit in such manner as to constitute a safe, efficient, and
convenient development.
(3) Provision shall be made for safe and efficient ingress

and egress to and from existing public streets servicing the
development and to internal streets without undue congestion to or
interference with normal traffic flow.
(4) All utility lines servicing the development shall be

placed underground.
(5) All buildings shall be served by a public sanitary

disposal system and public water supply.
(6) The development shall, wherever possible, preserve or

incorporate natural features such as woods, streams and open space
areas which add to the overall cohesive development of the Planned
Business/Office/Industrial District and the overall Township
development. An overall landscaping plan for the construction site
shall be submitted as part of the master plan.
(7) The development shall contain a pedestrian circulation

system subject to approval by the Board of Supervisors.
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(8) The development shall include provisions for open space

and outdoor recreation facilities for employees subject to approval
by the Board of Supervisors.
(9) Loading areas shall not front on a Township or State

road existing at the time of adoption of this Ordinance. Loading
areas shall be planned and arranged so they may be utilized without
interfering with the interior traffic circulation and parking
facilities.
(f) Standards for Approval.
(1) A master plan for a construction site of 40 acres

minimum must be submitted to the Township prior to the submission of
a preliminary subdivision or land development plan.
At a minimum, the master plan shall depict the proposed development
of the entire tract including: internal lot lines (if applicable),
building locations, proposed uses, parking areas, pedestrian and
traffic circulation system, open space areas, landscaping and areas
for stormwater management. The master plan shall be reviewed in
accordance with the requirements for Sketch Plan Application and
Review listed in Section 303 of the Subdivision and Land Development
Ordinance. Projected phasing shall be provided as part of the master
plan and shall be a general outline of the proposed timeline for
development of the entire tract. After a master plan has been
granted approval by the Board of Supervisors, the master plan can be
amended by the applicant without further review or approval by the
Township Planning Commission unless requested by the Board of
Supervisors.
(2) Individual lots within a tract master plan are not

required to conform with the area, lot width, landscaped area or
impervious area requirements listed in Section 408(d) of this
Chapter provided that such requirements are met by the master plan
for the entire tract.
(3) After a subdivision or land development plan has been
granted final approval by the Board of Supervisors, the final plan
can be amended by the applicant without further review or approval
by the Township Planning Commission unless requested by the Board of
Supervisors.
(g) Submission of Applicable Restrictions and Documents. All

subdivision and land development plans shall be accompanied by copies of
restrictive covenants, lot owner’s association documents and other
relevant documents, which shall include:
(1) Provisions for ownership and maintenance of all common

and undedicated areas.
(2) Covenants, deed restrictions, easements, rights-of-way

or other restrictions to be imposed upon the use of land and/or
buildings.
(3) Methods to assure compliance of all lots and buildings

and uses with all requirements of the applicable zoning district,
Township ordinances, approved subdivision and land development plans
and approved architectural plans.
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(h) Land Development Plan. Prior to the issuance of a zoning

within the Planned Business/Office/Industrial District, the applicant
shall submit a land development plan to the Planning Commission for review
and comment. The Planning Commission shall review each land development
plan in accordance with all Township standards, guidelines and
specifications concerning land development before recommending a decision
to the Board of Supervisors.
(i) Supplementary Regulations. All Sections under Part 9 of this

Chapter and Section 521 of the SALDO shall apply as supplementary
guidelines and specifications for the PBOI District.
(Ordinance 269, December 10, 2010, Section 4; as amended by Ordinance 289, July
1, 2015, Section 2)
Section 409. RV – Rural Village - Amityville.
(a) Purpose. The purpose of this district is to:
(1) Create an identifiable core area within the Township

which contains community facilities and services vital to the local
residents.
(2) Promote a sense of community by establishing a location

within the Township where Township functions are centralized and
able to operate in a mutual and complementary fashion.
(3) Consolidate the various government and public service

facilities, as well as the various support services, into a location
which promotes a mutually efficient operation, thereby benefiting
each individual activity.
(4) Allow for a mix of residential, commercial and

institutional uses at a scale compatible with existing uses in the
District.
(5) Encourage infill of vacant parcels at the same density

and with uses consistent with the existing neighborhoods.
(6) Where existing, preserve the historic, rural character

of the village of Amityville by allowing future development that is
compatible in scale, density and setbacks with current village uses.
(7) Accommodate expansion of the village while maintaining

the traditional village development pattern.
(8) Accommodate expansion through dual use (residential and

commercial) of structures consistent with traditional village uses.
(9) Preserve historic and traditional structures within the

village through flexible use/adaptive re-use and flexible design
standards.
(b) Permitted Uses.
(1) Single-family detached dwellings.
(2) Single-family semi-detached dwellings, subject to

Section 932 of this Chapter, except that the maximum density shall
be three (3) dwelling units per acre.
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(3) Multi-family developments, when not constructed with

integrated commercial use permitted herein, subject to Section 931
of this Chapter, except that the maximum density shall be two (2)
dwelling units per acre.
(4) Single family residential dual-use, when arranged to

form an integral part of a building in which the ground floor, or
where a minimum of fifty percent (50%) of the ground floor thereof,
is constructed and maintained for any use permitted under
Subsections (b)(5) through (b)(20) herein. With such a dual-use,
there shall be one (1) residential unit permitted, regardless of lot
size. Off-street parking shall be met for each dual-use separately.
(5) Retail sale of dry goods, hardware, variety and general

merchandise, clothing, food, flowers, drugs, household supplies or
furnishings; musical, professional or scientific instruments; and
similar establishments with comparable impacts on the District and
on surrounding properties. The commercial use, including storage,
shall not exceed five thousand square feet (5,000 sq. ft.) of first
floor space. The Board of Supervisors may permit such a commercial
use to exceed five thousand square feet (5,000 sq. ft.) by
conditional use.
(6) Barber shop, beauty shop, shoe repair, tailor, cleaning

and pressing, massage therapy establishment and similar personal
service establishments.
(7) Restaurant, tearoom, café, retail bakery, confectionary

or other places serving food and beverages, provided that no drive
through restaurant shall be permitted.
(8) Office for the professional practice of medicine,

veterinary medicine, law, engineering, architecture, real estate,
insurance, financial consultation and similar activates.
(9) Studio for the performing or visual arts; gallery.
(10) Bank or similar financial institution.
(11) Florist shop; greenhouse, when clearly accessory to a

retail use; plant nursery and associated greenhouse.
(12) Bed-and-breakfast or similar lodging facility, subject

to the standards of Section 934.
(13) Gift, art, craft and/or antique shop.
(14) Museum, library or other educational or cultural use of

a similar nature.
(15) Cottage industry such as woodworking or similar

artisans.
(16) No-impact home-based business and home occupations in

accordance with the provisions of Section 903.
(17) Public uses such as post office or similar facilities.
(18) Township Municipal use.
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(19) Religious use, including church and parish house.

school, junior high school, senior high school, vocational-technical
school and trade school.
(21) Day care facilities.
(22) Accessory uses on the same lot with and customarily

incidental to any of the foregoing permitted uses including, but not
limited to, those uses described in Section 902.
(c) Prohibited Uses.
(1) Vehicle fueling operations, auto repair shops and auto

sales.
(2) Adult business uses.
(3) Storage facilities.
(4) Tattoo parlor and tattooing businesses.
(d) Area, Yard and Height Regulations.
(1) Single-family detached dwellings. Each of the following

minimum and maximum dimensional requirements shall apply to each lot
used for a single-family detached dwelling in the Rural Village -
Amityville District, except as specifically provided for in this
Chapter:

Minimum and Community Sewage Community Sewage
Regulations Water Facilities Facilities and Water
Facilities
Building Setback* 30 feet 30 feet 30 feet
Side Yard
Buffer Yard(depth) 10 feet 10 feet 10 feet
Maximum Regulations
* The building setback shall not apply in the event there are existing
structures located within thirty feet (30’) of the ultimate right-of-way on
any one of the three (3) adjoining lots on either side of the subject lot.
In such cases, the minimum setback shall be equal to the setback of the
structure closest to the road but located no closer than the line of the
ultimate right-of-way.
(2) Non-residential uses. Each of the following minimum and

maximum dimensional requirements shall apply to each lot used for a
non-residential use including lots used for dual non-
residential/residential uses in the Rural Village–Amityville
District, except as specifically provided for in this Chapter:
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Minimum and Community Sewage Community Sewage
Regulations Water Facilities Facilities and Water
Facilities
Side Yard Total 50 feet 40 feet 30 feet
Each Yard 25 feet 20 feet 15 feet
Improvement 20 feet 10 feet 10 feet
Setback
Buffer Yard 10 feet 10 feet 10 feet
(depth)
Landscaped Area 50 percent 40 percent 30 percent
Maximum Regulations
Paved Area 40 percent 50 percent 60 percent
* The building setback shall not apply in the event there are existing
structures located within thirty feet (30’) of the ultimate right-of-way
on any one of the three (3) adjoining lots on either side of the subject
lot. In such cases, the minimum setback shall be equal to the setback of
the structure closest to the road but located no closer than the line of
the ultimate right-of-way.
(e) Supplementary Regulations. All Sections under Part 9 of this

Rural Village-Amityville District, with the exception of Section 923. In
addition, Section 924 shall be amended for the Rural Village-Amityville
District to prohibit parking in the front yards and parking spaces shall
have minimum dimensions of nine feet (9ˈ)by eighteen feet(18ˈ).
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Part 5
Overlay Districts
Section 501. Statement of Intent.
(a) Environmental Protection Overlay Districts. As established

through the goals, objectives and policies of the Amity Township
Comprehensive Plan, it is essential to acknowledge environmental protection
and open space preservation. It is therefore an objective of this Chapter
to incorporate the “Environmental Protection Overlay Concept” to implement
this goal.
The Environmental Protection Overlay Districts incorporated

under this Part include provisions to supplement and enhance the existing
underlying District Regulations for land areas which may encounter certain
physical limitations for development. To implement and achieve the goals
and objectives established for preserving environmentally sensitive areas,
the overlay concept has been divided into the following individual overlay
districts:
Floodplain Overlay District

Hydric Soil Overlay District
High Water Table Overlay District
Steep Slope Overlay District
Wetland Overlay District
The Environmental Protection Overlay Districts are an overlay

concept which supplements but does not replace the existing underlying
Zoning District Regulations. In cases where Environmental Protection
Overlay Districts overlap, the more restrictive standards and
specifications shall apply.
(b) Route 422 Overlay District. The intent of this Overlay District
is to:
(1) Encourage the unified development of large parcels along

the Route 422/Benjamin Franklin Highway corridor.
(2) Provide development flexibility and respond to market

demands.
(3) Create tax base development and job opportunities.
(4) Provide opportunities for commercial and residential

development sufficient to meet the needs not only the local, but
also of the regional market.

September 16, 2002, Section 3; as further amended by Ordinance 275, October 5,
2011, Sections 2 and 3)
Section 502. Floodplain Overlay District.
(a) The purpose of the Floodplain Overlay District shall be an

overlay to the underlying zoning districts as illustrated on the Official
Zoning Map of the Township. As such, these provisions regulating
floodplain management shall be a supplement to the underlying zoning
district provisions.
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(b) The purpose of establishing provisions for floodplain

management is to promote and protect the general health, welfare and
safety of the community, encourage the utilization of appropriate
construction practices, minimize potential hazards to public health, and
reduce financial burdens imposed on the community and government.
(c) The Amity Township Floodplain Ordinance (see Chapter X of the

Township Code of Ordinances) has been adopted by the Board of Supervisors
on December 1, 1997. The purpose, intent, application procedures,
administrative controls, identification of all floodplain areas, technical
provisions, permitted land uses, activities requiring special exceptions,
existing or non-conforming provisions, variance procedures, technical
definitions and enactment are comprehensively outlined under said Amity
Township Floodplain Ordinance (see Chapter X of the Township Code of
Ordinances).
(d) For the purposes of this Chapter, all activities within the
floodplain shall conform with the provisions and requirements outlined
under the Amity Township Floodplain Ordinance (see Chapter X of the

Section 503. Hydric Soil Overlay District.
(a) Purpose.
(1) The areas subject to hydric soils within the Township

shall be an overlay to the existing underlying district as
illustrated on the Official Zoning Map. As such, these provisions
regulating hydric soils shall be a supplement to the underlying
district provisions. Where conflicts arise between provisions or
regulations of this Chapter, the more restrictive provisions shall
apply.
(2) The purpose of establishing provisions for areas which

may encounter hydric soils is to promote and protect the general
health, welfare and safety of the community; secure environmentally
sensitive lands; encourage the utilization of appropriate
construction practices; and to minimize hazards to public health.
(b) Designation of Hydric Soil Areas.
(1) The U.S. Department of Agriculture in cooperation with

the National Technical Committee for Hydric Soils has defined a
"hydric soil" as follows:
A hydric soil is a soil that is saturated, flooded

or ponded long enough during the growing season to
develop anaerobic conditions in the upper part.
(2) The hydric soils which have been identified, described

and delineated within the Township by the U.S. Department of
Agriculture in conjunction with the Pennsylvania State University
and Pennsylvania Department of Agriculture in the Soil Survey of
Berks County include, but are not limited to the following:
Baile Silt (Ba)

Baile Stony Silt (Bd)
Bowmansville Silt (Bo)
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Burgin Silt (Bu)

Croton Silt (CrA)
Croton Silt (CrB2)
(3) It is the intention of this Chapter, that in cases where

the Hydric Soil Overlay District overlaps the Floodplain Overlay
District, the policies, restrictions, guidelines and standards of
the Floodplain Overlay District (Section 502) shall preside.
(4) Development within areas with hydric soils shall be

subject to Section 506 (Wetland Overlay District) of this Chapter.
(c) Uses Permitted by Conditional Use.
(1) Public and private recreation uses, including parks

(except amusement parks), playgrounds, picnic grounds, golf courses,
driving ranges, archery ranges, target ranges, horse riding trails,
hiking trails, camping, boating, fishing and hunting subject to
Section 906 of this Chapter and Agricultural (General) subject to
Subsection 905(a) of this Chapter. Notwithstanding
Subsection 906(c) hereof, recreation uses involving impervious
cover, permanent structures, or regrading are permitted only when
there is no practical alternative, as determined by the Board of
Supervisors.
(d) Boundary Disputes and Appeals Procedures.
(1) Should a dispute arise concerning the boundaries of

those areas subject to hydric soil overlay controls, an initial
determination of the boundaries shall be made by the Zoning Officer
and/or the Township Engineer utilizing the criteria listed under
Subsection 503(b) (Designation of Hydric Soil Areas) of this
Chapter.
(2) Any person aggrieved by this decision may appeal to the

Zoning Hearing Board as specified in this Chapter.
(3) The burden of proof shall be on the person appealing the

decision of the Zoning Officer and/or the Township Engineer.
(4) If it is determined by the Zoning Hearing Board that the

resources which have established the Hydric Soil Overlay District
are inaccurate regarding the land in question, and that the area
should not be subject to the hydric soil controls established under
this Section, the Zoning Officer and/or the Township Engineer shall
be notified in writing that the hydric soil controls will not apply
to the land in question.
(5) All boundary changes which are approved shall be made on

the map of the areas subject to hydric soil controls which is
prepared by the Board of Supervisors.

September 16, 2002, Sections4 & 5)
Section 504. High Water Table Overlay District.
(a) Purpose.
(1) The High Water Table District shall be an overlay to the

existing underlying zoning district as illustrated on the Official
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Zoning Map. As such, these provisions regulating high water table

management shall be a supplement to the underlying district
provisions. Where conflicts arise between provisions or regulations
of this Chapter, the more restrictive provisions shall apply.

may encounter a high water table is to promote and protect the
general health, welfare and safety of the community; secure
environmentally sensitive lands; encourage the utilization of
appropriate construction practices; and to minimize hazards to
public health.
(b) Designation of High Water Table Areas.
(1) The High Water Table Overlay District shall include all
areas subject to inundation of soils which are characteristic and
categorized as being alluvial and/or as high water table soils by
the Soil Survey of Berks County, Pennsylvania prepared by the United
States Department of Agriculture (Soil Conservation Service) in
cooperation with the Pennsylvania State University and Pennsylvania
Department of Agriculture.
(2) Alluvial soils are defined as soils which have been

formed in alluvium and deposited in the past by stream or flooding
conditions. The presence of these soils is a reliable indication
that heavy runoff conditions will probably create flooding in the
future.
(3) High water table soils are defined as surface soils

which are within three feet (3') of the seasonable high water table
as described and identified by the United States Department of
Agriculture in the Soil Survey of Berks County.
(4) The alluvial and high water table soils which have been
identified, described and delineated within the Township by the U.S.
Department of Agriculture in conjunction with the Pennsylvania State
University and Pennsylvania Department of Agriculture in the Soil
Survey of Berks County include, but not limited to the following:
Atkins Au
Baile * Ba, Bd
Bowmansville * Bo
Burgin * Bu
Croton * CrA, CrB2
Glenville GlA, GlB2
Lehigh LhA, LhB2, LhC3
Lindside Lt
Melvin Ml
Philo Ph, Pl
Raritan RaB
Readington ReA, ReB2
Reaville RlA2, RlB2
Rowland Ro
Wiltshire WsA, WsB2
* Denotes that the soils group is considered a hydric

soil and is subject to the provisions identified under
Sections 503 and 942.
(5) It is the intention of this Chapter, that in cases where

the High Water Table Overlay District overlaps the Floodplain
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Overlay District (Section 502) and/or the Hydric Soil Overlay

District (Section 503), the policies, guidelines and standards of
the more restrictive District shall preside.
(c) Uses Permitted by Right. The following uses and activities

are permitted by right in the High Water Table Overlay District provided
they are in compliance with the provisions of the underlying district and
are not prohibited by any other Township Ordinance:
(1) General agriculture uses, subject to Subsection 905(a)

of this Chapter.
(2) Municipal use.
(3) Public and private recreation uses not involving

impervious cover, permanent structures, or regrading, including
parks (except amusement parks), playgrounds, picnic grounds, golf
courses, driving ranges, archery ranges, target ranges, horse riding
trails, hiking trails, camping, boating, fishing and hunting subject
to Section 906 of this Chapter.

conservation use.
(5) Accessory uses to the above permitted uses when on the

same lot as the permitted use.
(d) Uses Permitted by Conditional Use. Public or private

recreation involving permanent structures, impervious cover, or regrading
are permitted only when there is no practical alternative, as determined
by the Board of Supervisors and notwithstanding Subsection 906(c) hereof.
(e) Uses Permitted by Special Exception. Notwithstanding

Subsection 906(c) hereof, the following uses are permitted in the High
Water Table Overlay District when a special exception is granted by the
Zoning Hearing board subject to and in accordance with Part 11 of this
Chapter:
(1) Church or similar place of worship, provided an on-lot

sewage disposal system is not located on soils that are considered
hydric, alluvial or having a high water table. The proposed lot
shall comply with the area, yard and height regulations of the
underlying zoning district.
(2) Commercial and industrial uses, such as but not limited

to yard areas, pervious parking and loading areas, pervious airport
landing strip provided that such yards are not for on-lot sewage
disposal.
(3) Public utility uses, subject to Section 929 of this

Chapter.

(f) Boundary Disputes and Appeals Procedures.

those areas subject to high water table overlay controls, an initial
determination of the boundaries shall be made by the Zoning Officer
and/or the Township Engineer utilizing the criteria listed under
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Subsection 504(b) (Designation of High Water Table Areas) of this

Chapter.



resources which have established the High Water Table Overlay
District are inaccurate regarding the land in question, and that the
area should not be subject to the high water table controls
established under this Section, the Zoning Officer and/or the
Township Engineer shall be notified in writing that high water table
controls will not apply to the land in question and instructed to
issue a permit to the applicant.

the map of the areas subject to high water table controls which is
prepared by the Board of Supervisors.

Section 505. Steep Slope Overlay District.
(a) Purpose.
(1) The steep slope area shall be an overlay to the existing

underlying district as illustrated on the Official Zoning Map. As
such, these provisions regulating steep slope management shall be a
supplement to the underlying district provisions. Where conflicts
arise between provisions or regulations of this Chapter, the more
restrictive provisions shall apply.

may encounter steep slopes is to protect and prevent areas from
increased erosion and runoff; secure environmentally sensitive
lands; encourage the utilization of appropriate construction
practices; and to minimize hazards to public health.
(b) Designation of Steep Slope Areas.
(1) The Steep Slope Overlay District shall include all areas
where the topography exceeds twenty-five percent (25%) in slope in
pre-development conditions. The Township, through the collaboration,
implementation and adoption of the Township Comprehensive Plan has
conducted a Topographical Analysis of the Township. As part of this
Topographical Analysis, a Slope Map was incorporated to illustrate
and highlight relative areas with slopes less than fifteen percent
(15%); between fifteen percent (15%) and twenty-five percent (25%);
and greater than twenty-five percent (25%).
(2) It is the intention of this Chapter that in cases where

the Steep Slope Overlay District overlaps the Floodplain Overlay
District (Section 502), the Hydric Soil Overlay District
(Section 503), and/or the High Water Table Overlay District, the
policies, guidelines and standards of the more restrictive district
shall preside.
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(c) Uses Permitted by Right. The following uses and activities

are permitted by right in the Steep Slope Overlay District provided they
are in compliance with the provisions of the underlying district and are
not prohibited by any other Township ordinance:
(1) General agricultural uses, subject to Section 905(a) of

this Chapter.
(2) Municipal use.
(3) Woodland or hunting preserve, wildlife sanctuary, or

other similar use when the uses are conducted in conformance with
conservation practices that ensure adequate protection against soil
erosion.

same lot as the permitted use provided that the accessory use is not
constructed on slopes exceeding twenty-five percent (25%) in grade.
(d) Uses Permitted by Conditional Use.
(1) Private and public recreation uses including horse

riding trails, hiking trails, boating, fishing, camping, hunting
subject to Section 906 of this Chapter. Notwithstanding
Section 906(c) hereof, recreation uses involving permanent
structures, impervious cover, or regrading are permitted only when
there is no practical alternative, as determined by the Board of
Supervisors.
(e) Uses Permitted by Special Exception. The following uses are

permitted in the Steep Slope Overlay District when a special exception is
granted by the Zoning Hearing Board subject to and in accordance with
Part 11 of this Chapter:
(1) Public utility uses, subject to Section 929 of this

Chapter.

same lot as the permitted use.
(f) Development Procedures.
(1) The Zoning Officer will advise the applicant when his
property or parcel lies within such a slope designation. The Zoning
Officer will not issue a building permit until a plan is submitted
indicating, to the satisfaction of the Township Engineer, that all
potential problems of steep slopes have been resolved.
(2) Plans shall show existing topography, proposed structure

and building locations, streets and driveways location and grade,
site drainage, sanitary facilities, grading plan, and re-vegetation
or planting plan prepared by a registered architect, engineer,
surveyor or landscape architect. Plans shall demonstrate how the
construction methods to be utilized will overcome problems
associated with stormwater management, erosion and sediment control,
wastewater treatment and disposal, water supply, accessibility and
structural stability.
(3) Should the area designated as steep slopes be found to

be inaccurate, based on a topographical survey prepared by a
licensed surveyor or engineer, showing two feet (2’) contour
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intervals, then the zoning requirements for such property shall be

deemed to be the regulations of the underlying zoning district in
which the property is located.
(4) The Zoning Officer should maintain a map or overlay

including areas of steep slopes.
(g) Boundary Disputes and Appeals Procedures.

those areas subject to slope controls, an initial determination of
the boundaries shall be made by the Zoning Officer and/or the
Township Engineer utilizing the criteria listed under
Subsection 505(b) (Designation of Steep Slope Areas) of this
Chapter.



resources which have established the Steep Slope Overlay District
are inaccurate regarding the land in question, and that the area
should not be subject to the slope controls established under this
Section, the Zoning Officer and/or the Township Engineer shall be
notified in writing that the slope controls will not apply to the
land in question and instructed to issue a permit to the applicant.

the map of the areas subject to slope controls which is prepared by
the Board of Supervisors.

2002, Section 7)
Section 506. Wetlands Overlay District.
(a) Purpose.
(1) The areas subject to wetlands within the Township shall

be an overlay to the existing underlying district. As such, these
provisions regulating wetlands shall be a supplement to the
underlying district provisions. Where conflicts arise between
provisions or regulations of this Chapter, the more restrictive
provisions shall apply.

may encounter wetlands is to promote and protect the general health,
welfare and safety of the community; secure environmentally
sensitive lands; encourage the utilization of appropriate
construction practices; and to minimize hazards to public health.
(b) Designation of Wetland Areas.
(1) The U.S. Army Corps of Engineers in conjunction with the

United States Environmental Protection Agency have defined the term
“wetlands” as follows:
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“Those areas that are inundated or saturated by surface

or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include
swamps, marshes, bogs and similar areas.”
The three (3) major characteristics of wetlands include

vegetation, soil and hydrology.
(2) All land designated as “wetlands” within the Township

are subject to restrictions and/or permits by the Pennsylvania
Department of Environmental Protection and the United States Army
Corps of Engineers.
(3) For all subdivision and land development applications,

the Township Engineer shall determine whether a wetlands delineation
will be required by a qualified professional. Any subdivision or
land development on a property with surface water and/or hydric
soils shall require a wetlands delineation. Delineated wetlands
shall be accompanied by a technical report and data forms.
(4) For all zoning districts, a ten feet (10’) buffer zone
shall be applied to all areas delineated as wetlands. Within this
ten feet (10’) buffer zone no earth disturbance will be permitted,
unless in association with wetlands disturbance activities under
permit by the Army Corps of Engineers or Pennsylvania Department of
Environmental Protection.
(5) If any provisions specified under this Section are in

dispute, the applicant shall be responsible for an Army Corps of
Engineers and/or Environmental Protection Agency jurisdictional
determination. All pertinent costs incurred shall be the
responsibility of the applicant and not the Township.
(c) Uses Permitted by Right.
(1) Natural Resource Conservation.
(2) Unimproved Paths and Trails.

July 5, 2005, Section 2)
Section 507. Route 422 Overlay District.
(a) Eligibility. Use of the provisions of Route 422 Overlay may

be permitted as a development option, provided a site meets the following
qualifying criteria:
(1) Parcels must have a minimum three hundred feet (300’) of

frontage along United States Route 422/Benjamin Franklin Highway.
(2) Parcels must have a minimum gross acreage of fifty (50)

acres.
(3) Parcel or collection of parcels must be under a single
ownership or condominium or be the subject of an application filed
jointly by all Owners subject to agreement that development shall
proceed under single direction.
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(b) Uses Permitted by Right. The following uses shall be permitted

as a single principal use or as a combination of said uses in the Route
422 Overlay District:
(1) Bank or financial institution.
(2) Business, professional or government office, including

medical, dental, paramedical offices and clinics.
(3) Restaurant.
(4) Professional office/research park.
(5) Retail business establishment.
(6) Personal and household service establishment.
(7) Indoor commercial recreation use including, but not

limited to, fitness center, indoor sports facility, bowling alley
and similar uses.
(8) Movie theater.
(9) Hotel.
(10) Shopping center, mall.
(11) State licensed child or adult day care.
(12) Conference center, convention center.
(13) Drive through services for commercial operation of

financial institutions, drug stores, and retail and restaurant uses.
(14) Nursing homes, skilled care residential facilities,

assisted living facilities, continuing care retirement communities,
hospital surgical center or other similar medical facilities.
(15) Pharmaceutical or other manufacturing of a similar

nature.
(16) Flex office and warehouse space.
(17) Residential uses, which shall only include townhouses,

single family semi-detached homes and apartment buildings, including
age-targeted residential units subject to the limitations herein.
(18) A mixed use building with two or more uses listed within
this section.
(19) Any use or accessory use of the same general character

as any of the other uses permitted in this district.
(c) Dimensional Standards.
(1) For all non-residential developments the following

dimensional standards shall apply:
(i) Maximum impervious coverage: 80% of any lot.
(ii) Maximum building coverage: 50% of any lot.
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(iii) Minimum landscaped area for all uses (percentage

of lot area): 20% of any lot.
(iv) Maximum floor area ratio: 65%.
(v) Setback requirements (feet):
a) From ultimate right-of-way for buildings up

to ten thousand square feet (10,000 sq. ft.): Distance
equal to the height of the building.
b) From ultimate right-of-way for all other

buildings: fifty feet (50’).
c) For all other external property lines:

forty feet (40’), provided, however, a setback(s) shall
be increased to accommodate access for emergency
vehicles, if applicable.
d) Improvement setback: twenty feet (20’);

provided, however, that retaining walls and similar
structures may be placed closer to an ultimate right-
of-way or property line if necessary for earth
retention or engineering purposes.
e) Buffer yard (depth): twenty feet(20’).
(vi) Maximum building height (feet):
a) Nursing homes, skilled care residential

facilities, assisted living facilities, continuing care
retirement communities, hospital surgical center or
other similar medical facilities : fifty feet (50’),
with a maximum of four (4) residential stories.
b) Hotel uses: seventy-five feet (75’)or six

(6) stories, whichever is greater.
c) Office and other buildings: fifty feet (50’)

or four (4) stories, whichever is greater.
(vii) Minimum separation between principal buildings

shall be at least equal to half the height of the taller of
the two buildings, provided, however that said spacing shall
never be less than twenty feet (20’).
(2) For all residential uses as defined in Uses Permitted by

Right Subsection(17) above, the following dimensional standards
shall apply, including the minimum setback for all buildings or
accessory uses from overall external tract property line shall be
forty feet (40’).
(i) Single Family Semi-Detached Buildings.
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a) Minimum Regulations
On-Lot Public Sewage Public Sewage

Sewage and or Water and Water
Water Facilities Facilities
Facilities
Lot Area* 2 acres 30,000 sq. ft. 6,000 sq. ft.
Lot Width* 150 feet 100 feet 50 feet
Building 40 feet 40 feet 40 feet
Setback
Side Yard 30 feet 20 feet 15 feet
Buffer Yard 10 feet 10 feet 10 feet
(depth)
b) Maximum Regulations
On-Lot Sewage Public Sewage or Public Sewage

and Water Water Facilities and Water
Facilities Facilities
Building 35 feet 35 feet 35 feet
Height
Lot 20 percent 30 percent 50 percent
Coverage*
* Per dwelling unit.
c) If zero lot lines are utilized, the Lot Area

and Lot Width requirements shall not apply and the Lot
Coverage requirement shall apply to the total area of
the property developed with single-family semi-detached
dwellings. The distance between units and road rights-
of-way shall be the same as if lot lines are provided.
(ii) Townhouses (public sewer and water required).
a) Minimum Regulations
Lot Area 2,000 sq. ft.

Lot Width 20 feet
Rear Yard 25 feet
Side Yard (end units) 25 feet
Buffer Yard 10 feet
b) Maximum Regulations

The maximum number of contiguous

townhouses shall be eight(8).
c) If zero lot lines are utilized the Lot Area

and Lot Width requirements shall not apply and the Lot
Coverage requirement shall apply to the total area of
the property developed with townhouses. The distance
between units and road rights-of-way shall be the same
as if lot lines are provided.
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(iii) Apartment Buildings (public sewer and water

required).
a) The minimum setback from a street right-of-

way line to an apartment building shall be fifty (50)
feet.
b) The minimum setback for all buildings or

accessory uses from external property lines shall be
forty (40) feet.
c) The minimum horizontal distance between an

apartment building and another principal structure shall
be fifty (50) feet.
d) The maximum height of an apartment building

shall be fifty (50) feet with a maximum of four (4)
residential stories.
e) The maximum length of an apartment building

shall be one hundred fifty (150) feet.
f) The maximum impervious coverage of the area

of any property developed with apartment buildings shall
be 60 percent (60%).
(3) Additional standards for residential development as

defined in Use Permitted by Right, Subsection (17) above:
(i) The maximum area which may be developed for

residential purposes shall not exceed an area (s) equal to
forty percent (40%) of the gross acreage of the gross tract
area owned by developer.
(ii) The number of non age-targeted residential units

shall not exceed six (6)dwelling units per acre computed on
the gross acreage of the area(s) to be developed with non age-
targeted residential units; the number of age-targeted
residential units shall not exceed eight (8 )dwelling units
per acre computed on the gross acreage of the area(s) to be
developed with age-targeted residential units; provided,
however, that the total combined number of age-targeted and
non age-targeted residential units shall not be greater than
two (2) units per gross acre computed on the entire gross
tract area owned by developer.
(d) Parking Requirements.
(1) For all retail uses, including, but not limited to,
indoor recreation uses and movie theaters, five (5) spaces per one-
thousand square feet (1,000 sq. ft.) of retail floor area.
(2) For a hotel or motel use, one and one-quarter (1.25)

spaces per guest room.
(3) For a restaurant not in a hotel or motel, ten (10)

spaces per one thousand square feet (1,000 sq. ft.) of patron area.
(4) For a conference facility, twenty (20) spaces for each

one thousand square feet (1,000 sq. ft.) of gross floor area.
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(5) For a convention facility, thirty (30) spaces for each

one hundred (100) potential daily attendees based upon permitted
building occupancy. In addition, exhibitor spaces shall be provided,
separately from attendees, spaces at a ratio of one and one-half
(1.5) spaces per potential exhibitor. At least one-third (1/3) of
exhibitor spaces shall be nine feet by thirty-six feet (9’ x 36’); a
space this size will count as two (2) spaces.
(6) For an office facility, including, but not limited to,

banks, financial institutions and medical offices, four (4) spaces
for each one thousand square feet (1,000 sq. ft.) of gross leaseable
area.
(7) In the case of a unified development with efficiencies

derived by shared parking for uses having complementary peak
demands, applicant may submit parking generation data based upon the
Institute of Transportation Engineers Parking Generation Manual
sufficient for the Township to determine if a reduction in parking
spaces is appropriate.
(8) In the case of a unified development consisting solely

of two (2) or more contiguous uses of the same general
classification, where efficiency is effected by joint use of a
common parking area, applicant may submit parking generation data
based upon the Institute of Transportation Engineers Parking
Generation Manual sufficient for the Township to determine if a
reduction in parking spaces is appropriate; but in such case, the
required number of off-street parking spaces shall not be reduced by
more than twenty-five percent (25%).
(9) All parking spaces within the Route 422 Overlay District
shall be a size of nine feet by eighteen feet (9’ x 18’) excepting
for a single row of parking spaces for retail uses in Subsection (a)
above, that are located immediately adjacent to the front of any
retail building or adjacent to the front sidewalk of said building
or buildings, shall be increased to ten feet by eighteen feet (10’ x
18’). These requirements will supersede any other requirement for
parking space dimensions within the Code of the Township of Amity.
(10) Other uses shall follow standards outlined in §924 (c).
(e) Signs permitted in Route 422 Overlay District.
(1) Freestanding signs along Route 422/Benjamin Franklin

Highway right-of-way: one (1) for every 300 feet of frontage (or
fraction thereof) along the right-of-way with a maximum of two such
signs per development. Each sign may have a maximum area of four
hundred square feet (400 sq. ft.), with a maximum height of forty
feet (40’) (measured from the grade at the Route 422/Benjamin
Franklin Highway right-of-way line at the point closest to the sign
location).
(2) Freestanding signs at vehicular entries and at the

intersection of public roads on or off-site serving as an entry to a
development: one at each entry or intersection, with a maximum area
of two hundred square feet (200 sq. ft.) per sign and a maximum
height of twenty feet (20’).
(3) Freestanding signs for individual buildings within the

development separated from other buildings: one (1) per building
with a maximum area of one hundred square feet (100 sq. ft.) per
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sign, and a maximum height of twenty feet (20’).
(4) Wall signs permitted for each building face a maximum

area equal to 25% of the area of the building face; provided,
however, that in no case shall the signage on any single building
face exceed three hundred square feet (300 sq. ft.).
(5) Marquee or canopy signs: maximum of one hundred square

feet (100 sq. ft.) per street frontage; graphic treatment on such
signs shall be permitted but not be computed as part of sign area.
(6) For all two-sided signs in the Overlay District the area
of the one side only shall be considered for the purpose of
computing sign area.
(7) All freestanding signs in the Overlay District shall be

monument signs and match building materials.
(f) Standards of Approval. Any application for development within

the Route 422 Overlay District shall comply with the following standards:
(1) Master Plan with phasing. With any development proposal

in the Route 422 Overlay District, a Master Plan shall be required
to be submitted and reviewed by both the Planning Commission and the
(i) At a minimum, the Master Plan should generally

represent the building masses and uses, proposed parking
areas, and stormwater management locations; the Master Plan
shall be used to understand the basic relationships between
buildings, parking and other facilities. No engineering shall
be required for the Master Plan. A Master Plan shall be
reviewed in the same manner as a Sketch Plan, in accordance
with the procedures of Section 303 (b) of Chapter XXVII,
Subdivision and Land Development.
(ii) Projected phasing shall be provided as part of the

Master Plan and shall be a general outline of the proposed
timeline for developments within this Overlay District. The
phasing plan can be adjusted at any time by the applicant
without further review or approval by the Township Planning
Commission and shall be used to understand the impact to
traffic and the installation of improvements required by this
development. Required dimensional standards are not required
to be met of any individual phase, provided they are met for
the overall development as verified on the Master Plan.
(2) After the submission and approval of the Master Plan,

the developer shall submit a preliminary and final plan for approval
in accordance with the Subdivision and Land Development Ordinance
and the Zoning Ordinance requirements of the Township.
(3) A subdivision or land development plan which has been

granted final approval within this Overlay District is considered a
flex plan. The location of the buildings, parking and other
improvements and/or phasing may change without approval by the Board
of Supervisors provided that the modified overall flex plan meets
all requirements of this Overlay District and any conditions imposed
during the final approval process. All plan revisions are subject to
review by Township staff prior to the re-recording of the plan. To
the extent the plan shall be re-recorded, it shall be submitted to
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the Board of Supervisors for approval and signature.
(4) Where the subsequent division of a parcel, or part

thereof, into lots is required to facilitate ownership, financing or
for phasing purposes, the lots shall be exempt from provisions of
the Township Subdivision and Land Development Ordinance and this
Overly District with respect to frontage, setback, coverage, area of
parcel, open space and fee requirements, provided said requirements
are met on the overall flex plan, and further provided that a
development in this Overlay Zone provides documentation satisfactory
to the Township staff and Township Solicitor assuring the
appropriate covenants are recorded against the affected parcels
requiring all parcels to be operated and maintained in good order
and repair, in a clean and sanitary condition, uniform with the
appearance and maintenance of the approved complex and providing
appropriate covenants from for driveways, access ways and easements
for shared improvement. In the event any provisions of the Route 422
Overlay District conflict with any other provisions of the Amity
Township Zoning Ordinance, including those governing use, frontage,
setback, coverage, area of tract, open space or similar
requirements, the provisions of this Overlay District shall prevail.
(g) General Development Regulations.
(1) Landscaping. Applicant shall comply with all landscaping

requirements of the provisions of the Subdivision and Land
(2) The project shall be planned and constructed as a

unified development, with compatible architectural design for all
components. Buildings should be sited in a manner compatible with
adjacent building, landscaping and the streetscape. Consideration
should be given to size and height relationships with adjacent
buildings, working in conjunction with building sizes, architectural
design and materials with national or regional marketing concepts
of, or for, individual users. Building facades facing streets or on-
site parking areas shall be treated consistently within these
guidelines.
(3) All signs shall be consistent with the overall design

concept for the development and be appropriate to the type of
activity to which they pertain.
(4) Architectural Features.
(i) At least sixty percent (60%) of any building face

which faces a street or on-site parking area, shall contain
one of the following materials: wood; brick or brick face;
stone or stone veneer; split-face or textured-surface concrete
masonry unit (CMU); stucco or synthetic stucco; or glass.
Alternative materials proposed by the developer may be
permitted if approved by the Board of Supervisors. LEED
certified buildings are highly encouraged.
(ii) Architectural features shall be provided above the

roof line when necessary to conceal mechanical equipment from
view from any streets or on-site parking area.
(iii) The overall architectural concept for a

development shall be approved as a condition of the Flex Plan
approval by the Board of Supervisors.
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(5) Unless specifically noted otherwise, all Sections under

Part 9 of this Chapter shall apply as supplementary guidelines and
specifications for the Route 422 Overlay District.
(Ordinance 275, October 5, 2011, Section 4; as amended by Ordinance 281, December
5, 2012, Section 4)
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Part 6
Section 601. Statement of Intent. The purpose of this Part is to provide

development and design standards for cluster developments containing single-
family detached dwelling units. It is the intent of these standards to:
(a) Provide an optional approach to community development with

provisions to permit more efficient utilization of land and of community
facilities and services.
(b) Encourage innovative single-family residential land

development that will conserve open space and environmental amenities.
(c) Protect environmentally sensitive areas from development

pressures.
Section 602. Development and Design Standards.
(a) Eligibility.
(1) Cluster developments containing single-family dwelling

units are permitted by conditional use in the Medium Density
Residential (MDR) Zoning District and by right in the Low Density
Residential (LDR) Zoning District.
(2) The development shall contain a minimum contiguous land

area of ten (10) acres.
(3) When public sewer and water systems are provided, a

minimum of fifty percent (50%) of the gross area of the development
shall be set aside as common open space. If on-lot septic disposal
(including community on lot disposal systems) and/or on-lot water
wells are provided, a minimum of forty percent (40%) of the gross
tract area shall be set aside as common open space. No more than
fifty percent (50%) of the common open space shall be located on
lands within the Environmental Protection Overlay District (Part 5).
(b) Density Specifications.
(1) The Cluster Development shall not exceed the following

maximum permitted densities:
Zoning District Maximum Density
LDR 0.5 dwelling units/acre with on-

lot septic disposal (including
community on lot disposal systems)
and/or well
1.0 dwelling units/acre with

public sewer and water
MDR 3.63 dwelling units/acre
(2) The area that is not utilized for development shall be

set aside as common open space.
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(3) The area to be utilized and calculated for development

purposes shall not include lands within the Environmental Protection
Overlay District (Part 5).
(c) Area, Yard and Height Regulations. Each of the following

maximum and minimum dimensional requirements shall apply to single-family
detached units within a cluster development, except as specifically
Public Sewer and Water On Lot Sewer and/or Water

Minimum Regulations
Lot Area (Net) 20,000 square feet 43,560 square feet

Lot Width 100 feet 150 feet
Building Setback 30 feet 40 feet
Rear Yard 20 feet 30 feet
Side Yard
Total 20 feet 40 feet
One Side 10 feet 20 feet
Common Open Space 50 percent 40 percent
(Development)
Buffer Yard Depth 10 feet 10 feet
(Development)
Maximum Regulations
Building Height 35 feet 35 feet

Lot Coverage 25 percent 25 percent
(d) Supplementary Regulations. All sections under Part 9 of this

Chapter shall apply as supplementary guidelines and specifications for
cluster developments.

2002, Section 9; as further amended by Ordinance 281, December 5, 2012, Section
5)
Section 603. Open Space Standards.
(a) Requirements and Specifications.
(1) If public sewer and water service is provided, a minimum

of fifty percent (50%) of the gross area of the development shall be
set aside as common open space. If on lot well and/or on-lot septic
(including community on lot disposal systems) is provided, forty
percent (40%) of the gross tract area shall be set aside as common
open space. No more than fifty percent (50%) of the common open
space shall be located on lands within the Environmental Protection
Overlay District (Part 5).
(2) The common open space shall not include areas that have
been devoted to roads, utilities easements and/or stormwater
management facilities.
(3) Significant natural features shall be incorporated into

the overall schematic of the design as common open space areas
whenever possible. At least ten percent (10%) of the common open
space shall be available to active recreational use, to the
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satisfaction of the Board of Supervisors, based upon guidelines

issued by the Board of Supervisors.
(4) The accessible area devoted to common open space shall

be comprised of areas not less than fifty feet (50’) in width and
shall not contain less than one (1) contiguous acre of land. In
addition, there shall be at least one (1) designated common area
within the development containing no less than fifty percent (50%)
of the required open space.
(5) For all common open spaces, satisfactory written

agreements approved by the Board of Supervisors shall be consummated
for the perpetual preservation of the common open spaces.
(b) Management and Maintenance.
(1) The developer of the cluster development shall make

arrangements, provisions and/or agreements to insure that the common
open space shall continue to be adequately managed and maintained.
(2) The developer of the cluster development shall have the

following options for ownership, management and maintenance of the
common open space:
(i) Retain ownership and responsibility for the

management and maintenance; or
(ii) Dedicate the land to a homeowners association

which is comprised of all the residents of the cluster
development; or
(iii) Dedicate the land to the Township. The Township

shall have the option to accept or refuse the land offered for
dedication.
(3) If the common open space is dedicated to a homeowners

association, the developer shall file with the Township a
declaration of covenants and restrictions that will govern the
association.

Section 604. Administration and Review. Cluster developments shall be

planned, designed and constructed in accordance with all pertinent procedures,
provisions, standards and specifications that are identified in this Chapter and
in the Amity Township Subdivision and Land Development Ordinance (see
Chapter XXVII of the Township Code of Ordinances).
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Part 7
Section 701. Statement of Intent. The Township, being confronted with

increasing urbanization, and acknowledging that the technology of land
development and the demand for housing are enduring substantial and frequent
modifications, and recognizing the applicability of the objectives specified
under Articles VI and VII of Act 247, as amended (the Pennsylvania Municipalities
Planning Code), adopts this Part for the following purposes:
(a) To provide an optional approach to community development with

provisions to permit more efficient utilization of land and of public
services;
(b) To encourage innovations in development (residential and non-

residential), so that the growing demand for housing and other development
is adequately achieved by greater variety in type, design and layout of
structures;
(c) To conserve and efficiently utilize open space and

environmental amenities;
(d) To encourage flexible land development which will provide

additional options towards the preservation of environmentally sensitive
areas;
(e) To encourage more efficient use of public facilities that are

required in association with new development;
(f) To permit a mixture of land uses (including non-residential

development) which will provide even more flexibility for land
development.
Section 702. Development Standards.
(a) Eligibility. No application for Tentative Approval of a

Planned Residential Development shall be considered for approval unless
the following conditions are in compliance:
(1) Planned residential development is permitted as a

conditional use within the MDR (Medium Density Residential) Zoning
District.
(2) The planned residential development shall consist of a

minimum contiguous land area of fifty (50) acres in the MDR (Medium
Density Residential) Zoning District.
(3) The land area under consideration should not include any
portion of land located within existing rights-of-way and land that
has been previously developed. The area shall not be considered
contiguous if it is divided by an existing street exceeding sixty
feet (60’) in width of ultimate right-of-way.
(4) The PRD shall be served by a public or community water

supply system and sewage disposal system, approved by the
appropriate local and state agencies, and shall be constructed and
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certified operational by the appropriate authorities before the

occupancy permits are issued.
(5) A minimum of fifty percent (50%) of the gross area of

the PRD shall be set aside as common open space. The location,
character, management and utilization of the common open space must
comply with the specifications under Section 704 (Open Space
Standards).
(b) Permitted Uses.
(1) Residential dwelling units as single-family detached,

single-family semi-detached, single-family attached (townhouses) and
apartments.
(2) Non-residential uses of recreational, commercial, office

and institutional character to the extent they are designed and
intended primarily to serve the residents of the PRD. The
commercial uses shall not exceed five percent (5%) of the gross area
of the PRD and shall be located in an inconspicuous location.
(c) Density Specifications.
(1) The PRD shall not exceed the overall gross residential
density of four (4) dwelling units per acre in the MDR (Medium
Density Residential) Zoning District.
(2) The PRD shall not exceed the net residential density for
the following residential uses:
Dwelling Type Maximum Design Density
Single-family detached 3 dwelling units/acre

Single-family semi-detached 4 dwelling units/acre
Townhouses 10 dwelling units/acre
Apartments 12 dwelling units/acre
(3) The PRD shall comply with the following proportions for
each residential use:
Dwelling Type Percentage of Total Units
Single-family detached Minimum of 25%

Single-family semi-detached Maximum of 30%
Townhouses Maximum of 60%
Apartments Maximum of 40%
(4) The area to be utilized and calculated for development

purposes shall not include lands within the Environmental Protection
Overlay District.

2002, Section 11; as further amended by Ordinance 236, May 16, 2007, Sections 2,
3 & 4)
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Section 703. Design Standards.
(a) Comprehensive Planning Considerations.
(1) The PRD shall be designed with regard to the topographic

and natural features of the site. The effects of prevailing winds,
seasonable temperatures and hours of sunlight on the physical layout
and design of the PRD shall be considered by the developer.
(2) The intent of PRD is to encourage a higher quality of

development and to take into consideration the overall appearance of
all structures.
(3) All natural features (lakes, streams, topsoil, knolls,

basins, trees and shrubs) should be preserved and incorporated into
the final landscaping of the PRD whenever possible and desirable.
The finished topography of the site shall adequately facilitate the
PRD without excessive earthmoving and neglect for the natural
amenities.
(4) The PRD shall provide a planting screen along the

property lines at the periphery of the development to protect the
privacy of the adjacent residents. The planting screen shall be
consistent with the standards specified under Section 517, entitled
“Landscaping Regulations”, of Chapter XXVII, entitled “Subdivision
and Land Development”, of the Township of Amity Code of Ordinances.
(b) Residential Site Design and Location.
(1) All structures shall be designed with regard to

topography and natural features of the site.
(2) The PRD should encourage architectural variations and

interest in the layout and character of housing structures and
setbacks.
(3) All buildings and structures shall be designed and

located to enhance privacy and insure natural light for all
principal rooms.
(4) The proposed residential dwelling units located within

the PRD should not be located along existing roads within the
Township and/or along any proposed interior collector street. This
provision may be waived by the Township if the applicant
demonstrates that the design options are limited based on physical
development constraints.
(c) Area, Yard and Height Regulations.
(1) Each of the following maximum and minimum dimensional

requirements shall apply to the specified land use as indicated
below, except as specifically provided in this Part or Chapter.
Minimum Single-family Single-family

Regulations Detached Semi-Detached Townhouses Apartments
Lot Area (net) 10,000 sq. ft. 8,000 sq. ft.* ------ ------
Lot Width 70 feet 60 feet* 20 feet 200 feet
Building Setback 40 feet 40 feet 30 feet 70 feet
Rear Yard 30 feet 30 feet 30 feet 70 feet
Side Yard 10 feet 10 feet 30 feet 50 feet
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Maximum
Regulations
Building
Height 35 feet 35 feet 35 feet 35 feet
Lot Coverage 20 percent 20 percent ------ ------
* Per Dwelling Unit
(2) In addition to the area, yard and height regulations

specified above, the following provisions will apply:
(i) No structure shall be constructed within fifty

feet (50') of the one hundred (100) year flood boundary on
soils that have been classified as hydric, alluvial and/or
having a high water table, and slopes that exceed twenty-five
percent (25%).
(ii) No group of townhouses shall consist of more than

seven (7) continuous attached buildings in a single building
group and no more than twelve (12) dwelling units in an
apartment building group.
(iii) All multi-family structures (townhouses and/or

apartments) shall be located at a minimum of one hundred feet
(100') from the property lines of the PRD and one hundred
fifty feet (150') from the ultimate right-of-way of any
arterial or collector streets.
(iv) The horizontal distance between groups of multi-

family structures shall be a minimum of sixty feet (60')
between the closest structural points.
(v) Apartment units shall not exceed one hundred fifty

feet (150') in length.
(3) Residential development is subject to all relevant

design standards and improvement specifications defined in this
Chapter and/or the Subdivision and Land Development Ordinance (see
(d) Non-Residential Site Design and Location.
(1) Non-residential development in the PRD shall be limited

to neighborhood retail and service facilities, churches, community
activity centers, banks, saving and loan associations, recreational
facilities and health clubs. Non-residential uses of commercial,
office or institutional nature shall be designed and intended
primarily for the residents of the PRD.
(2) The non-residential uses shall not exceed five percent

(5%) of the gross area of the PRD.
(3) The location of non-residential uses shall be situated

on a collector street and shall minimize traffic congestion.
(4) The design and architectural characteristics shall be

harmonious with the integrity and values of the adjoining
residential areas. All non-residential uses shall be adequately
screened.
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(5) The inclusion, proportion and location of non-

residential uses shall require approval of the Planning Commission
and Board of Supervisors.
(6) Non-residential development is subject to comply with

all relevant design standards and improvement specifications defined
in this Chapter and/or the Subdivision and Land Development
Ordinance (see Chapter XXVII of the Township Code of Ordinances).
(e) Street Design Standards.
(1) The street system shall be designed to relate with the

proposed land uses and existing adjacent streets, and to minimize
through traffic in the residential areas.
(2) The PRD shall provide a system of collector and minor

streets that will provide a safe and efficient measure of
ingress/egress.
(3) Points of ingress and egress should be designed and

located to prevent traffic hazards and/or congestion.
(4) The street system shall be designed to create a

separation for automobile and pedestrian traffic. The location of
all residential, commercial, recreational and open space should be
analyzed to provide a safe circulation pattern.
(5) All means of ingress and/or egress from a PRD to any

public street or state highway shall be located at an intersection
or at least five hundred feet (500') from any intersecting street(s)
and shall be designed to conduct traffic circulation in a safe and
efficient manner, except where existing conditions make this
requirement impractical and where the applicant can demonstrate that
a deviation from this standard is safe. The developer shall be
responsible for the purchase and erection of any necessary traffic
control devices and the construction of additional acceleration or
deceleration lanes as may be required by the Pennsylvania Department
of Transportation or by the Township.
(6) In addition to the above specifications, the PRD should

comply with all technical requirements for streets, conforming to
the policies of the Township Subdivision and Land Development
Ordinance (see Chapter XXVII of the Township Code of Ordinances) and
this Chapter. This includes all specifications and requirements for
street widths, grades, horizontal curves, vertical curves,
intersections, sight distances, access restrictions, cul-de-sac's,
names of streets and construction materials.
(7) The Board of Supervisors, or the Planning Commission, if

designated, may request the developer (depending on size, location
and magnitude of the PRD) to perform a traffic study to analyze the
traffic circulation patterns and volumes at pre- and post-
development conditions.
(8) All streets located within the PRD shall be offered for
dedication to the Township by the developer.
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(f) Parking Design and Loading Area Requirements.
(1) There shall be two (2) off-street parking spaces

measuring ten feet (10') by twenty feet (20') for each dwelling unit
with aisles a minimum of twenty feet (20') wide.
(2) There shall be one (1) off-street parking space

measuring ten feet (10') by twenty feet (20') for each one hundred
(100) square feet, or portion thereof, of commercial floor area
devoted to patron use with the requirements specified generally for
parking areas herein.
(3) Parking areas shall be arranged to prevent through

traffic to other parking areas.
(4) Parking areas shall be screened from adjacent

structures, access road and/or traffic arteries. The developer
shall utilize landscaping (Section 914), earth berms (not exceeding
six feet (6') in height) and/or decorative walls (not exceeding six
feet (6') in height).
(5) No more than fifteen (15) parking spaces shall be

permitted in a continuous row without being interrupted by approved
landscaping.
(6) No more than fifty (50) parking spaces shall be

accommodated in any single parking area.
(7) All off-street parking shall be adequately lighted. All

such lighting shall be so arranged as to direct the light away from
adjoining residences or use approved non-glare fixtures.
(8) All off-street parking areas and off-street loading

areas shall be graded and drained so as to dispose of all surface
water without erosion, flooding and other inconveniences.
(9) Every building or structure used for commercial purposes

shall provide one (1) off-street truck loading space for the first
ten thousand (10,000) square feet or less of gross floor area, plus
a minimum of one (1) additional off-street truck loading area for
each additional forty thousand (40,000) square feet of gross floor
area.
(10) An off-street truck loading space shall have a minimum
of twelve feet (12') in width, a minimum of fifty feet (50') in
length and a minimum clear height of fourteen feet (14').
(11) All parking areas shall be a minimum of twenty feet

(20') from all structures, access roads and traffic arteries.
(12) In addition to the above specifications, the PRD shall

comply with all other specifications under Sections 923 (Off-Street
Loading Areas) and 924 (Off-Street Parking) of this Chapter. All
off-street parking and loading areas shall not be construed as part
of the common open space.
(g) Street Lighting and Sign Standards.
(1) All streets, parking areas, buildings and areas of high

pedestrian use shall be adequately lighted. This schematic lighting
plan should not irritate, distract and/or inconvenience the PRD
residents or adjacent property owners.
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(2) Outdoor signs shall be designed to be harmonious with

the characteristics of the PRD. The character, size and shape of
all outdoor signs shall be reviewed by the Board of Supervisors, or
the Planning Commission, if designated, at the time of request for
Final Approval, which reserves the rights to reject any or all
outdoor signs.
(3) All street lighting, signs and furniture shall be

designed and located so they do not interfere with the character and
integrity of the PRD.
(4) In addition to the above specifications, the PRD should

comply with all other specifications for street lighting, signs and
furniture in this Chapter and in the Township Subdivision and Land
Development Ordinance (see Chapter XXVII of the Township Code of
Ordinances).
(h) Sanitary Sewage Disposal.
(1) The PRD will be served by public or community sewage

disposal system.
(2) The sanitary sewage system shall be designed and

constructed in accordance with all Pennsylvania Department of
Environmental Protection guidelines and standards that govern sewage
disposal.
(3) All residential and non-residential buildings shall be

serviced by the public or community sewage disposal system.
(4) All preliminary planning and engineering of the proposed

sewage system shall be submitted with the tentative development
plan.
(5) The Pennsylvania Department of Environmental Protection

shall approve the planning and engineering for all sewage disposal
facilities and techniques. This approval shall be submitted with
the final plan.
(6) The sewage disposal system shall be certified

operational by the Pennsylvania Department of Environmental
Protection and all other authorities before building permits are
issued.
(7) Suitable agreements shall be established for the

operation and maintenance of all sewage disposal components.
(i) Water Supply.
(1) The PRD will be serviced by a public or a community

water system. Where accessible, public water will be the primary
source of supply and community water will be an alternative to
unaccessible public water supplies.
(2) All residential and non-residential buildings shall be

serviced by public or community water.
(3) All preliminary planning and engineering for the

proposed water supply system shall be submitted with the tentative
development plan.
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(4) The Pennsylvania Department of Environmental Protection

shall approve the planning and engineering for the water supply
system. This approval shall be submitted with the final plan.
(5) The water supply system shall provide a satisfactory

supply of water to each unit, with adequate main sizes, water supply
and pressure that will meet the specifications of the Township.
(6) The developer of the PRD will substantiate that the

water supply system will provide adequate fire protection.
(7) The water supply system shall be certified operational

by the Pennsylvania Department of Environmental Protection before
occupancy permits are issued.
(8) Suitable agreements shall be established for the

operation and maintenance of all water supply components.
(j) Solid Waste Management.
(1) Exterior storage areas for refuse stations shall be

properly screened. All containers shall be air-tight, vermin-proof
and have adequate storage capacity to accommodate the projected
volumes of solid waste.
(2) The PRD shall have a plan for the storage and removal of
solid waste. This plan shall be in accordance with all applicable
Township ordinances.
(k) Storm Water Management.
(1) The PRD shall have a plan for storm water management.
This storm water management plan shall be submitted with the
tentative plan.
(2) All storm run-off and drainage systems shall be designed

and installed in accordance with the storm water management
regulations specified by the Township Subdivision and Land
Ordinances).
(l) Erosion and Sediment Control.
(1) The PRD shall have a plan for erosion and sediment
control. All plans shall comply with the rules, regulations and
guidelines as set forth by the Pennsylvania Department of
Environmental Protection under Title 25, Chapter 102.
(2) The erosion and sediment control plans shall be approved

by the Pennsylvania Department of Environmental Protection and/or
the County Conservation District.
(m) Landscaping and Tree Conservation.
(1) Landscaping shall be regarded as an essential feature of

every PRD in order to enhance the appearance and marketability of
housing, for screening purposes, and for erosion and sediment
control.
(2) All parking areas (interior and periphery) shall be

adequately landscaped in accordance with Section 517, entitled
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(3) Conservation of existing trees is encouraged. The

developer should attempt to preserve the existing trees and
incorporate them into the overall concept of the PRD.
(4) In addition to the above specifications, the PRD shall

comply with all specifications under Section 517, entitled
(5) A generalized landscaping plan shall be required and

submitted with the tentative development plan. A detailed
landscaping plan, illustrating the spacing, sizes and specific types
of landscaping material, is required with the final development
plan.
(n) Natural Amenities and Environmental Considerations.
(1) The PRD shall be designed to be congenial with all

natural and physical characteristics of the site. All natural
features (waterways, topography and vegetation) should be preserved
and incorporated into the final landscaping of the PRD whenever
possible and desirable.
(2) No structure shall be constructed within fifty feet

(50') of the one hundred (100) year flood boundary; on soils that
have been classified as hydric, alluvial and/or having a seasonable
high water table; and on slopes exceeding twenty-five percent (25%)
in grade (pre-development conditions). These areas have been
classified, categorized and identified under Part 5 (Environmental
Protection Overlay District Regulations) of this Chapter.
(3) The developer of the PRD shall be obligated to conduct

the following analysis:
(i) Topographical Analysis. Identify slope areas over

twenty-five percent (25%) in pre-development conditions.
(ii) Soil Analysis. Identify soils that are alluvial,

hydric (high water table), unsuitable for development,
susceptible to erosion and/or are associated with aquifer
recharge.
(iii) Hydrological Analysis. Identify the one hundred

(100) year flood boundary, wetlands, bodies of waters
(streams, rivers, lakes) and all natural drainage patterns.
(iv) Geological Analysis. Identify sinkholes, karst

formations, outcroppings, shallow bedrock areas and/or aquifer
recharge zones.
(v) Geotechnical Analysis. Determine through core

boring samples the structural stability for development.
(vi) Foliage Analysis. Identify and determine the

characteristics, aggregate and type of woodland and meadowland
areas at pre- and post-development conditions.
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designated, shall have the right to waive, add to or modify any of
the above specifications and requirements when the applicant can
demonstrate that the modifications are not applicable and will not
be detrimental to the PRD.
(5) Significant natural features shall be incorporated into

the overall schematic of the PRD as common open space areas whenever
possible.
(6) In addition to the above specifications and

requirements, the PRD shall comply with all specifications under
Part 5 (Environmental Protection Overlay District Regulations) of
this Chapter.
(o) Curbs and Sidewalks.
(1) The PRD shall be designed to provide curbs and sidewalks

throughout the proposed development. The tentative plan shall depict
the precise locations for all curbs and sidewalks that are proposed
throughout the PRD.
(2) All proposed curbs and sidewalks within the PRD shall be
designed in accordance with the standards and specifications of the
Township Subdivision and Land Development Ordinance (see

September 16, 2002, Section 12; as further amended by Ordinance 229, December 19,
2006, Sections 9, 10 & 11)
Section 704. Open Space Standards.
(a) Requirements and Specifications.

the PRD shall be set aside as common open space. No more than fifty
percent (50%) of the common open space shall be located on lands
within the Environmental Protection Overlay District (Part 5).
(2) The common open space shall be planned as a contiguous

area located for maximum benefit for all residents of the PRD.
(3) Significant natural features (Subsection 703(n)) shall

be incorporated into the overall schematic of the PRD as common open
space areas whenever possible.
(4) A minimum of twenty-five percent (25%) of the common
open space shall be available for the development of active
recreation facilities and every effort shall be made to adhere to
the Township Comprehensive Recreation Plan. The utilization of the
common open space shall correspond to the size and character of the
PRD.
(5) The area devoted to common open space shall be comprised

of areas not less than fifty feet (50’) in width and shall not
contain less than one (1) contiguous acre of land. In addition,
there shall be at least one (1) designated common area within the
PRD containing no less than fifty percent (50%) of the required open
space.
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(b) Management and Maintenance.
(1) The developer of the PRD shall make arrangements,

provisions and/or agreements to insure that the common open space
shall continue to be adequately managed and maintained.
(2) The developer of the PRD shall have the following

options for ownership, management and maintenance of the common open
space:
(i) Retain ownership and responsibility for the

management and maintenance; or
(ii) Dedicate the land to a homeowners association

which is comprised of all the residents of the PRD; or
(iii) Dedicate the land to the Township. The Township

shall have the option to accept or refuse the land offered for
dedication.
(3) If the common open space is dedicated to a homeowners'

association, the developer shall file a declaration of covenants and
restrictions that will govern the association, to be submitted with
the tentative development plan. The provisions shall include, but
not be limited to, the following:
(i) The homeowners association must be established

before any lots or units are sold.
(ii) Membership shall be mandatory for each home buyer

and any successive buyer.
(iii) The open space restrictions must be permanent.
(iv) The association shall be responsible for the

liability insurance, taxes and maintenance of the open space
and recreational facility.
(v) The association shall employ an adequate staff to

manage and maintain the common open space.
(vi) The homeowners shall pay their pro rata share of

the cost; the assessment levied by the association can become
a lien on the property.
(vii) The association shall adjust the assessment to

comply with additional and/or modified demands.
(viii) The Township may supervise the operation,

management and maintenance of the common open space.
(4) The common open space that is not dedicated to the

Township shall be guaranteed by a restrictive covenant describing
the open space, and its operation and maintenance shall be for the
enjoyment (passive or active) of the PRD residents and/or adjacent
property owners. The developer shall file an agreement stipulating
restrictions for the utilization of the common open space with the
final development plan.
(5) The Township may, at any time and from time to time,
accept the dedication of land or any interest therein for public use
and maintenance, but the Township need not require, as a condition
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of the approval of the PRD, that land proposed to be set aside for
common open space be dedicated or made available to public use. The
provisions may require that the landowner provide for and establish
an organization for the ownership and maintenance of the common open
space, and that such organization shall not be dissolved nor shall
it dispose of the common open space, by sale or otherwise (except to
an organization conceived and established to own and maintain the
common open space), without first offering to dedicate the same to
the public.
(6) In the event that the organization established to own

and maintain common open space, or any successor organization, shall
at any time after establishment of the PRD fail to maintain the
common open space in reasonable order and condition in accordance
with the development plan, the Township may serve written notice
upon such organization or upon the residents of the PRD setting
forth the manner in which the organization has failed to maintain
the common open space in reasonable condition, and said notice shall
include a demand that such deficiencies of maintenance be corrected
within thirty (30) days thereof.
(7) If the deficiencies set forth in the original notice are

not corrected within said thirty (30) days, or any extension
thereof, the Township, in order to preserve the taxable values of
the properties within the PRD and to prevent the common open space
from becoming a public nuisance, may enter upon said common open
space and maintain the same for a period of one (1) year. Said
maintenance by the Township shall not constitute a taking of said
common open space, nor vest in the public any rights to use the
same.
(8) Before the expiration of said year, the Township shall,
upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open
space, call a public hearing upon notice to such organization, or to
the residents of the PRD, and shall show cause why such maintenance
by the Township shall not, at the option of the Township, continue
for the succeeding year. If the Board of Supervisors, or its
designated agency, shall determine that such organization is ready
and able to maintain said common open space in reasonable condition,
the Township shall cease to maintain said common open space at the
end of said year. If the Board of Supervisors, or its designated
agency, shall determine that such organization is not ready and able
to maintain said common open space in a reasonable condition, the
Township may, in its discretion, continue to maintain said common
open space during the next succeeding year and, subject to a similar
hearing and determination, in each year thereafter.
(9) The decision of the Board of Supervisors or its

designated agency shall be subject to appeal to court in the same
manner, and within the same time limitations, as is provided for
zoning appeals by the Act, as amended.
(10) The cost of such maintenance by the Township shall be

assessed ratably against the properties within the PRD that have a
right of enjoyment of the common open space, and shall become a lien
on said properties. The Township, at the time of entering upon said
common open space for the purpose of maintenance, shall file a
notice of lien in the Office of the Prothonotary of the County, upon
the properties affected by the lien within the PRD.
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Section 705. Improvement Specifications.
(a) General Requirements.
(1) Physical improvements of the proposed PRD shall be

provided, constructed and installed as shown on the final
development plan. The improvements shall comply with all
specifications regarding contracts and improvements guarantees of
the Township Subdivision and Land Development Ordinance (see
(2) All applicable Township ordinances and/or regulations

that pertain to improvements shall be enforced.
Section 706. Application, Submission and Review Procedures.
(a) Pre-application Conference.
(1) The applicant shall convene informally with the Board of

Supervisors, or the Planning Commission, if designated at a
regularly scheduled meeting.
(2) The applicant shall verbally expound all intentions for

PRD.

designated, shall apprise the applicant of local and municipal and
state ordinances, laws, procedures, fees and regulations that are
applicable to PRD.
(b) Application for Tentative Approval.
(1) The applicant shall furnish documentation depicting

compliance with all standards and criteria for PRD in Sections 702,
703, 704 and 705.
(2) An application for tentative approval of the development

plan for a PRD shall be filed by or on behalf of the landowner.
(3) The application for tentative approval shall be filed by

the landowners in such form, upon the payment of such a reasonable
fee and with such officials of the Township as shall be designated
in the provisions adopted pursuant to this Section.
(4) All planning, zoning and subdivision matters relating to

the planning, use and development of the PRD and subsequent
modifications of the regulations relating thereto, to the extent
such modification is vested in the Township, shall be determined and
established by the Board of Supervisors, or the Planning Commission,
if designated.
(5) The provisions shall require only such information in

the application as is reasonably necessary to disclose to the Board
of Supervisors, or the Planning Commission, if designated:
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(i) The location, size and topography of the site and

the nature of the landowner's interest in the land proposed to
be developed;
(ii) The density of land use to be allocated to parts

of the site to be developed;
(iii) The location and size of the common open space and
the form of organization proposed to own and maintain the
common open space;
(iv) The use and the approximate height, bulk and

location of buildings and other structures;
(v) The feasibility of proposals for water supply and

the disposition of sanitary waste and storm water;
(vi) The substance of covenants, grants of easements or

other restrictions proposed to be imposed upon the use of the
land, buildings and structures, including proposed easements
or grants for public utilities;
(vii) The provisions for parking of vehicles and the

location and width of proposed streets and public ways;
(viii) The required modifications in the municipal land

use regulations otherwise applicable to the subject property;
(ix) The feasibility of proposals for energy

conservation and the effective utilization of renewable energy
sources; and
(x) In the cases of development plans which call for

development over a period of years, a schedule showing the
proposed times within which applications for final approval of
all sections of the PRD are intended to be filed, and this
schedule must be updated annually, on the anniversary of its
approval, until the development is completed and accepted.
(6) The application for tentative approval of a PRD shall

include a written statement by the landowner setting forth the
reasons why, in his opinion, a PRD would be in the public interest
and would be consistent with the Comprehensive Plan for the
development of the Township.
(7) The application for and tentative and final approval of

a development plan for a PRD prescribed in this Section shall be in
lieu of all other procedures or approvals otherwise required
pursuant to the Township Subdivision and Land Development Ordinance
(see Chapter XXVII of the Township Code of Ordinances) and this
Chapter.
(c) Public Hearing.
(1) Within sixty (60) days after the filing of an

application for tentative approval of a PRD pursuant to
Subsection 706(b), a public hearing pursuant to public notice on
said application shall be held by the Board of Supervisors, or the
Planning Commission, if designated, in the manner prescribed in
Part 11 of this Chapter.
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designated, may continue the hearing from time to time, and where
applicable, may refer the matter back to the Planning Commission for
a report; provided, however, that in any event, the public hearing
or hearings shall be concluded within sixty (60) days after the date
of the first public hearing.
(3) The Township may offer a mediation option as an aid in

completing proceedings authorized by this Section and by subsequent
sections in this Part prior to final approval by the Board of
Supervisors. In exercising such an option, the Township and the
mediating parties shall meet the stipulations and follow the
procedures set forth in Part 11 of this Chapter.
(d) The Findings.

designated, within sixty (60) days following the conclusions of the
public hearing provided for in this Chapter, shall, by official
written communication, to the landowners, either:
(i) Grant tentative approval of the development plan

as submitted;
(ii) Grant tentative approval subject to specified

conditions not included in the development plan as submitted;
or
(iii) Deny tentative approval to the development plan.
(2) Failure to so act within said period shall be deemed to

be a grant of tentative approval of the development plan as
submitted. In the event, however, that tentative approval is
granted subject to conditions, the landowners may, within thirty
(30) days after receiving a copy of the official written
communication of the Board of Supervisors, notify such agency of his
refusal to accept all of said conditions, in which case the Board of
Supervisors shall be deemed to have denied tentative approval of the
development plan. In the event the landowner does not notify the
Board of Supervisors within said period, tentative approval of the
development plan, with all conditions, shall stand as granted.
(3) The grant or denial of tentative approval shall be in

the form of a written resolution which shall include findings of
fact related to the specific proposal and shall set forth the
reasons of the grant, with or without conditions, or for the denial,
and shall set forth particularly in what respects the development
plan would or would not be in the public interest, including but not
limited to findings of facts and conclusions on those matters as
required in the Act, as amended. A copy of the written resolution
shall accompany the official written communications to the landowner
as provided under this Section.
(e) Status after Tentative Approval. Where tentative approval has

been granted, the same shall be noted on the Township Zoning Map and the
development plan shall have the status established by and be subject to
the provisions of Section 710 of the Act, as amended.
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(f) Application for Final Approval.
(1) An application for final approval may be for all of the

land included in a development plan or, to the extent set forth in
the tentative approval, for a section thereof. Said application
shall be made to the Township within the time or times specified by
the official written communication granting tentative approval. The
application shall include any drawings, specifications, covenants,
easements, performance bond or such other requirements as may be
specified by ordinance, as well as any conditions set forth in the
official written communication at the time of tentative approval. A
public hearing on an application for final approval of the
development plan, or part thereof, shall not be required provided
the development plan, or the part thereof, submitted for final
approval, is in compliance with the development plan theretofore
given tentative approval and with any specified conditions attached
thereto.
(2) In the event the application for final approval has been
filed, together with all drawings, specifications and other
documents in support thereof, and as required by this Chapter and
the official written communication of tentative approval, the
Township shall grant such final approval to the PRD, as required by
the Act, as amended.
(3) In the event the development plan as submitted contains

variations from the development plan given tentative approval, the
governing body may refuse to grant final approval and shall, within
the time frame specified by the Act, as amended, so advise the
landowner in writing of said refusal setting forth in said notice
the reasons why one or more of said variations are not in the public
interest.
In the event of such refusal, the landowner may either:
(i) Refile his application for Final Approval without

the variations objected to; or
(ii) File a written request with the approving body

that it hold a public hearing on his application for final
approval.
If the landowner wishes to take either such alternate action

he may do so at any time within which he shall be entitled to apply
for final approval, or within thirty (30) additional days if the
time for applying for final approval shall have already passed at
the time when the landowner was advised that the development plan
was not in substantial compliance. In the event the landowner shall
fail to take either of these alternate actions within said time, he
shall be deemed to have abandoned the development plan. Any such
public hearing shall be held pursuant to public notice within thirty
(30) days after request for the hearing is made by the landowner,
and the hearing shall be conducted in the manner prescribed in this
Part for public hearings on applications for tentative approval.
Within thirty (30) days after the conclusion of the hearing, the
approving body shall by official written communication either grant
final approval to the development plan or deny final approval. The
grant or denial of final approval of the development plan shall, in
cases arising under this Section, be in the form and contain the
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findings required for an application for tentative approval set

forth in this Chapter.
(4) A development plan, or any part thereof, which has been

given final approval shall be so certified without delay by the
approving body and shall be filed of record forthwith in the Office
of the Recorder of Deeds before the development shall take place in
accordance therewith. Upon the filing of record of the development
plan the zoning and subdivision regulations otherwise applicable to
the land included in such plan shall cease to apply thereto.
Pending completion in accordance with the time provisions specified,
of said PRD or of that part thereof, as the case may be, that has
been finally approved, no modification of the provisions of said
development plan, or part thereof, as finally approved, shall be
made except with the consent of the landowner. Upon approval of a
final plan, the developer shall record the plan and post financial
security (contracts and agreements) in accordance with the Township
Subdivision and Land Development Ordinance (see Chapter XXVII of the
(5) In the event that a development plan, or a section

thereof, is given final approval and thereafter the landowner shall
abandon such plan or the section thereof that has been finally
approved, and shall not notify the approving body in writing; or in
the event the landowner shall fail to commence and carry out the PRD
in accordance with the time provisions specified (after final
approval has been granted), no development or further development
shall take place on the property included in the development plan
until after the said property is reclassified by enactment of an
amendment to this Chapter in the manner prescribed for such
amendments.
Section 707. Administration and Review.
(a) Issuance of permits and all matters pertaining to

administration of the plan as finally approved shall be the responsibility
of the Township Zoning Officer.
(b) Upon application of the landowner showing compliance with the

requirements of final approval, the Zoning Officer shall issue permits for
construction pursuant to the plan, or any section thereof.
(c) The provisions of Part 11 (Administration and Enforcement) of

this Chapter shall be fully applicable to the plan as finally approved
insofar as the provisions thereof are consistent with the provisions of
this Part and the conditions of final approval. The Zoning Officer shall
review the progress and status of construction of the plan and render
monthly reports thereon to the Board in order to assure compliance with
the provisions of this Part and the conditions of final approval.
(d) A PRD shall be designed in accordance with the design

standards and regulations of Part 7 and the Township Subdivision and Land
Ordinances) unless a waiver is granted or there is a conflict between
them. In the case of a conflict, Part 7 of this Chapter shall govern.
(e) Any person, partnership or corporation who or which has

violated the PRD provisions and specifications under Part 7 of this
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Chapter shall be subject to all enforcement remedies in accordance with

the Act, as amended.
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Part 8
Section 801. Statement of Intent. The Township, being confronted with

increasing urbanization adopts this Part for the following purposes:
(a) To provide an optional economic approach to community

development with provisions to permit more efficient utilization of land
and of public services;
(b) To provide areas of the Township which permit mobile homes,

mobile home lots and/or mobile home parks.
(c) To provide design and development standards in order to

protect the health, safety and general welfare of the persons residing
within, or adjacent to, mobile home parks.
Section 802. Development and Design Standards.
(a) Eligibility.
(1) Mobile home parks are permitted by right in the Mobile

Home Park (MHP) Zoning District.
(2) The mobile home park shall consist of a minimum

contiguous land area of ten (10) acres. The land area under
consideration should not include any portion of land located within
the street right-of-way and land that has been previously developed.
The area shall be considered contiguous if it is divided by an
exiting street not exceeding sixty feet (60') in ultimate right-of-
way.
(3) The mobile home park shall be served by a public or

community water supply system and sewage disposal system, approved
by the appropriate local and state agencies, and shall be
constructed and certified operational by the appropriate authorities
before the occupancy permits are issued.
(4) A minimum of ten percent (10%) of the net area of the

mobile home park shall be set aside as common open space. The
location, character, management and utilization of the common open
space shall comply with all applicable specifications concerning
open space.
(b) Design Standards.
(1) The mobile home park shall be designed with regard to

the topographic and natural features of the site. All natural
features (lakes, streams, topsoil, knolls, basins, trees and shrubs)
should be preserved and incorporated into the final landscaping
whenever possible and desirable. The finished topography shall
adequately facilitate the mobile home park without excessive
earthmoving and neglect for the natural amenities.
(2) The mobile home park shall not exceed four (4) dwelling
units per gross acre.
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(3) The following maximum and minimum dimensional

requirements shall apply to the mobile home parks and to the type of
mobile home.
Single Wide Single Wide Double

Minimum Units Units Wide
Regulations (< 61') (> 61') Units
Lot Area (Net) 5,000 sq.ft. 5,500 sq.ft. 10,000 sq.ft.

Building Setback
Interior Streets* 20 feet 20 feet 20 feet
Exterior Streets 100 feet 100 feet 100 feet
Side Yard (each) 10 feet 10 feet 10 feet
Maximum
Regulations
*Denotes that the design standards and specifications of Section 924

(Off-street Parking) of this Chapter will apply to the twenty feet
(20') building setback if it is to be used for vehicular parking
purposes.
(4) In addition to the bulk regulations listed above, the

following provisions shall apply:
(i) No mobile home, accessory structure or common open

space shall be located closer than one hundred feet (100') to
the ultimate right-of-way of abutting public streets and fifty
feet (50') to the rear or side property lines;
(ii) No structure shall be constructed on or within

fifty feet (50') of any of the Environmental Protection
Overlay Districts identified under Part 5 of this Chapter.
(iii) No more than one (1) mobile home shall be placed

on a mobile home lot, and such mobile home shall be occupied
by not more than one (1) single family.
(c) Development Standards.
(1) The mobile home park shall provide an evergreen planting

screen along the property line of the periphery of the development
to protect the privacy of adjacent residents, in accordance with
entitled “Subdivision and Land Development”, of the Township of
Amity Code of Ordinances.
(2) No part of a mobile home park shall be used for non-

residential purposes, except common open space shall be used for the
pleasure and recreation of the park residents, an office may be used
for the park management, necessary utility structures, common
laundry facilities and necessary buildings for the storage of
maintenance equipment.
(3) There shall be at least one (1) street in the park which
is circumferential and from which lesser streets shall turn out so
as to provide direct access to each lot and to each common open
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space of the tract. All streets shall be designed and constructed

to all applicable Township specifications.
(4) All entrances shall conform to the standards of the

Pennsylvania Department of Transportation, and when the entrance is
from a State road, it shall be approved by them. When the entrance
is from a Township road, it shall be approved by the Township
Engineer. The entrances shall take into account the traffic on the
public street and that to be generated by the park residents.
Acceleration and deceleration lanes may be required as well as two
(2) lane entrances and two (2) lane exits.
(5) A minimum of two (2) off-street parking spaces measuring

ten feet (10') by twenty feet (20') shall be provided for each
mobile home lot. No on-street parking shall be permitted within the
park.
(6) Each mobile home space shall be provided with a hard

surfaced mobile home stand providing a foundation wall and/or
footing that will not heave, shift, settle or move due to frost
action, inadequate drainage, vibration or other forces acting on the
superstructure.
(7) All mobile homes shall be located, erected and anchored

in accordance with all applicable standards and provisions specified
in the Township Building Code and/or the manufacturers
specifications.
(8) Each mobile home stand shall be equipped with utility

connections. For reasons of safety, the space between the mobile
home stand and the mobile home floor shall be permanently enclosed
to prevent unauthorized entry and to conceal all supports and
utility connections. Each stand shall be located at such elevation,
distance and angle in relation to the access street and mobile home
accessory that the placement and removal of the mobile home is
practical.
(9) The area between the ground level and the perimeter of
the mobile home shall be enclosed by means of a suitable skirting.
(10) Every mobile home and open space areas shall have access
to an improved street in the mobile home park in accordance with the
Township Subdivision and Land Development Ordinance (see
(11) Developers of mobile home parks will be required to

comply with applicable parts of the Subdivision and Land Development
Ordinance and the Building Code of the Township, except as follows.
No mobile home shall be permitted in the mobile home park which
fails to meet the standards of the Township Building Code and which
does not bear the seal of the Department of Housing and Urban
Development (HUD). In case regulations herein described conflict
with those of the Township Building Code, these regulations shall
govern.
(12) The mobile home park shall have a central water supply
and distribution system. The system shall conform with the
"Standards for Mobile Home Parks" publication of the National Fire
Protection Association (NFPA), and any other applicable codes
adopted by the Township. The water system shall provide for fire
protection in mobile home parks of over twenty-five (25) units.
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(13) Mobile home parks may be used only where municipally or

community operated sewer and water services are available.
Individual lateral connections to the street sewer and to the mobile
home shall conform to applicable Township and state regulations.
(14) The electrical distribution system shall be underground

and shall conform to the National Fire Protection Association (NFPA)
standards for mobile home parks and any other applicable codes.
Each mobile home shall have not less than one hundred (100) amp
service.
(15) If the mobile home park is to have gas service to the

homes, the same shall have to conform to applicable NFPA regulations
and any other applicable codes.
(16) All streets in the park shall be illuminated at a

minimum level of 0.6 foot candles. Service to light standards shall
be underground.
(17) Telephone lines shall be underground. There shall be a

central television antenna system with underground service to each
mobile home.
(18) Except for paved areas, areas beneath mobile homes and
cultivated areas, all ground shall be planted and maintained in
grass. The grass shall be cut regularly. No weeds or wild growth,
except for native trees, shall be permitted anywhere in the park.
All landscaping shall be in conformance with Section 517, entitled
(19) Exterior storage areas for refuse stations shall be

properly screened. All containers shall be air-tight, vermin-proof
and have adequate storage capacity to accommodate the projected
volumes of solid waste. The park shall have a solid waste
management plan in accordance with all applicable Township
standards.
(20) The park shall have a plan for storm water management in
accordance with all applicable Township regulations governing storm
water management.
(21) The park shall have a plan for erosion and sediment
control in accordance with all specifications set forth by the Pa.
DER and the County Conservation District.
(22) Mobile home parks of twenty-five (25) units or more

shall employ the services of a qualified manager. The manager shall
reside at the mobile home park and shall be responsible for the
operation and maintenance of the park.
(23) The developer of the mobile home park shall make

arrangements, in a form satisfactory with the Township Solicitor,
which shall ensure that the common open space shall continue to be
adequately managed and maintained.
(24) A land development plan shall be submitted to the

Township for review and approval for any structures and/or permanent
additions.
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April 26, 1999, Section 10; as further amended by Ordinance 229, December 19,
2006, Sections 12 & 13; as further amended by Ordinance 281, December 5, 2012,
Section 6)
Section 803. Administration Proceedings.
(a) It shall be unlawful to operate a mobile home park within the

Township unless a license has been issued by the Board of Supervisors and
unless a certificate of registration has been issued by the Pennsylvania
Department of Environmental Protection. Such licenses and certificates
shall be issued annually.
(b) Licenses are not transferable. Notice in writing shall be

given to the Board of Supervisors within ten (10) days after a mobile home
park has been sold, transferred, given away, leased or the controlling
interest otherwise disposed of. A transfer of certificate by the
Pennsylvania Department of Environmental Protection shall be required and
a new application to the Township shall be made.
(c) The park shall furnish to the Township a list of tenants of

the park. Any change in tenancy shall be reported to the Township within
one (1) week. The Board of Supervisors shall have the power to inspect
the park register containing a record of all residents of the mobile home
park at any reasonable time.
(d) All applications to the Township for a mobile home park shall
be subject to all applicable review procedures for subdivision and land
development and shall be subject to the appropriate fees established by
resolution by the Board of Supervisors.
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Part 9
Section 901. Access To Structures. Every building hereafter erected or

moved shall be on a lot adjacent to a public street and all structures shall be
so located on lots as to provide safe and convenient access for servicing, fire
protection and required off-street parking. (Ordinance 130, December 9, 1991,
Section 901)
Section 902. Accessory Uses or Structures.
(a) General.
(1) Except as noted elsewhere in this Chapter, no accessory

building or structure shall be permitted within any required front
or side yard and within ten feet (10') of the rear lot line. The
minimum distance between an accessory building or structure within a
rear yard and a side lot line shall be the side yard requirement of
the applicable zoning district or ten feet (10'), whichever is less.
(2) No permanent accessory building or structure shall be

constructed on any lot prior to the commencement of construction of
the principal building to which it is accessory.
(3) Subsections 902(b) and 902(c) indicate accessory uses

and their specifications for residential and non-residential land
uses.
(b) Residential Provisions.
(1) Private non-commercial in-ground swimming pools which

are designed to contain a water depth of twenty-four inches (24") or
more must be located in the rear or side yard only, entirely
enclosed with permanent fence not less than four feet (4') in
height. Section 921 of this Chapter provides additional standards
and provisions for swimming pools.
(2) Detached garages, greenhouses and other outbuildings are

permitted as accessory uses provided they are located within the
building setback lines. All such uses shall be erected, enlarged
and/or demolished in accordance with all applicable Township
Building Codes.
(3) Paved terraces, patios or open porches, provided that

such terraces, patios or open porches are not structurally enclosed,
are not located closer than ten feet (10') to any lot line (except a
lot line which is the projection of a common wall), and do not
project into any required front yard.
(4) Private non-commercial tennis courts shall not be

located closer than fifteen feet (15') from any property line. A
tennis court shall not be located over a drainage field of a sewage
disposal system.
(5) Free standing earth station satellite receiving dishes

shall be mounted at ground level (where possible) and shall not be
located closer than fifteen feet (15') from any property lines.
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(6) The keeping of domestic farm animals is permitted

provided that all activities are in compliance with Section 905
(Agricultural Use Regulations) of this Chapter and do not result in
a threat to the health and safety of the adjacent property owners.
(7) Except as otherwise permitted within this Chapter, the

height of a residential accessory structure shall not exceed twenty
feet (20') in height.
(8) In the LDR and MDR Zoning Districts, utility sheds shall
not be permitted in the front or side yard or within five feet (5')
of the rear lot line. The minimum distance between a utility shed
within a rear yard and a side lot line shall be five feet (5'). All
such utility sheds permitted under this Section of this Chapter
shall not exceed a floor area of one hundred ninety-two (192) square
feet and a height of twelve feet (12').
(9) The maximum span of any one (1) side of any accessory
structure (not including swimming pools) shall not exceed thirty-six
feet (36').
(c) Commercial and Industrial Provisions.
(1) Storage facilities are permitted provided that such

facilities are located in areas which have direct access to a street
or driveway. The outdoor storage of materials shall be screened
from the view of adjacent properties.
(2) Living quarters are permitted only for proprietors,

watchmen, caretakers or similar employees.
(3) Restaurants, cafeterias and/or recreational facilities

are permitted provided they are intended for the use of employees
only, unless they are permitted as principal uses in the district in
which they are constructed.

April 26, 1999, Sections 11 & 12; as further amended by Ordinance 198, August 5,
2003, Sections 1, 2 & 3)
Section 903. Home Occupation Regulations.
(a) Permitted Uses.
(1) Home occupations are permitted by right in the HC

(Highway Commercial), SCC (Shopping Center Commercial) and RV
(Rural Village – Amityville) Zoning Districts.
(2) Home occupations are permitted by conditional use in the

RC (Rural Conservation), LDR (Low Density Residential) and the MDR
(Medium Density Residential) Zoning Districts.
(3) Home occupations are permitted by special exception in

the MHP (Mobile Home Park) and the LI/O (Light Industrial/Office)
Zoning Districts.
(b) Standards.
(1) The office of a licensed medical practitioner or allied

health field, dentist, architect, artist, baker (not for retail
consumption), lawyer, accountant, insurance agent, real estate
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broker, teacher, tax collector, engineer, dance, music or voice

instructor, dressmaker, milliner or seamstress, barber or
beautician, or similar occupation shall be deemed to be a "home
occupation".
(2) All dwelling units which propose a home occupation use

shall have direct access to a public street, provided that the
occupation is secondary to the use of the property as a residence,
and further that the use of the dwelling does not change the
character thereof and/or have any exterior evidence of such
secondary use other than a permitted sign subject to Section 927
(Signs) of this Chapter.
(3) The principal person engaged in the home occupation

shall be a resident of that dwelling.
(4) The home occupation shall be limited to the principal

person engaged in the home occupation and one (1) additional person
to provide secretarial, clerical or other assistance.
(5) No more than one (1) home occupation per residence shall
be permitted.
(6) The home occupation shall be conducted within the

principal residential structure or an accessory structure to which
the home occupation is performed.
(7) A home occupation shall not occupy more than twenty-five

percent (25%) of the total floor area of the residential dwelling
unit or accessory structure to which the home occupation is
performed.
(8) Off-street parking facilities shall be provided for all

home occupational uses. In addition, the following standards and
specifications shall apply:
(i) Three (3) off-street parking spaces shall be

provided in addition to those required for the residential
units. In the case of the office of a medical practitioner or
dentist, four (4) off-street parking spaces shall be provided.
(ii) Each parking space shall have a minimum area of

two hundred (200) square feet with minimum dimensions of ten
feet (10') by twenty feet (20').
(iii) All proposed off-street parking facilities and

driveways for the home occupational use shall be located in
the rear of the structure/site. The off-street parking areas
shall not be located within the required rear or side yard
setback for the Zoning District in which it is located.
(iv) All proposed off-street parking facilities and

driveways shall be paved in accordance with all standards
specified by the Township. A maximum of ten percent (10%) of
the lot area shall be devoted to off-street parking facilities
and driveways.
(v) The maximum grade of the area utilized for off-

street parking facilities shall not exceed five percent (5%).
The maximum grade of the area utilized for the driveway or
access drive shall not exceed ten percent (10%).
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(vi) The driveways, aisles and maneuvering space shall

be designed to permit safe and convenient access.
(vii) The proposed off-street parking facilities and

driveways for the home occupational use shall be buffered with
vegetative screening. The buffer yard shall conceal the view
of the off-street parking facilities and driveways from the
view of all adjacent property owners. The buffer yard shall be
consistent with the requirements of Section 517 (Landscaping)
of Chapter XXVII (Subdivision and Land Development).
(viii) The proposed off-street parking facilities and

driveways for the home occupational use shall not create any
stormwater management or sedimentation control problems. If
required by the Township, a stormwater management and erosion
control plan shall be submitted for review.
(ix) A zoning permit issued by the Township is required

for all proposed home occupations.
(c) No-Impact Home-Based Business. A business or commercial

activity administered or conducted as an accessory use which is clearly
secondary to the use as a residential dwelling and which involves no
customer, client or patient traffic, whether vehicular or pedestrian,
pickup, delivery or removal functions to or from the premises, in excess
of those normally associated with residential use. The business or
commercial activity must satisfy the following requirements:
(1) The business activity shall be compatible with the

residential use of the property and surrounding residential uses.
(2) The business shall employ no employees other than family

members residing in the dwelling.
(3) There shall be no display or sale of retail goods and no

stockpiling or inventory of a substantial nature.
(4) There shall be no outside appearance of a business use,

including, but not limited to, parking, signs or lights.
(5) The business activity may not use any equipment or

process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the
neighborhood.
(6) The business activity may not generate any solid waste
or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
(7) The business activity shall be conducted only within the

dwelling and may not occupy more than 25% of the habitable floor
area.
(8) The business may not involve any illegal activity.

Section 8; as further amended by Ordinance 283, March 19, 2014, Section 14)
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Section 904. Residential Conversion Standards.
(a) The Zoning Hearing Board may authorize as a special exception

the conversion of any single-family detached dwelling into a dwelling for
not more than two (2) families, provided that the tract or lot is located
within the RC (Rural Conservation), LDR (Low Density Residential), MDR
(Medium Density Residential)or RV (Rural Village – Amityville) Zoning
Districts.
(b) The lot area per family shall not be reduced to less than the
minimum lot area per family.
(c) The yard, building, area and other applicable requirements for
the applicable Zoning District shall not be reduced.
(d) Provisions for adequate water supply and waste disposal shall
be made in accordance with the requirements of the Pennsylvania Department
of Environmental Protection.
(e) Such conversion shall be authorized only for a large building

which has relatively little economic value or usefulness as a single-
family detached dwelling or other conforming use.
(f) If such conversion is authorized, the Zoning Hearing Board may

prescribe such further conditions with respect to the conversion and use
of such building as it deems appropriate.
(Ordinance 130, December 9, 1991, Section 904; as further amended by Ordinance

283, March 19, 2014, Section 15)
Section 905. Agricultural Use Regulations.
(a) General Agricultural Standards.
(1) Unless specifically stipulated within this Chapter,

General Agricultural activities are a permitted use by right within
all Zoning Districts in the Township.
(2) The raising and ownership of horses, cattle and/or

livestock is permitted in all districts provided the minimum lot
size exceeds two (2) contiguous grazeable acres. The total number
of horses, cattle and/or livestock shall not exceed one (1) for all
lots with less than three (3) contiguous grazeable acres. For each
additional contiguous grazeable acre over two (2), the total number
of horses, cattle and/or livestock may be increased by one (1) per
acre. For each additional contiguous grazeable acre over five (5),
the total number of horses, cattle and/or livestock shall not exceed
three (3) per acre up to a maximum total of fifty (50).
(3) The raising and ownership of goats, sheep and/or similar

livestock exceeding fifty (50) pounds in weight is permitted in all
districts provided the minimum lot size exceeds two (2) contiguous
grazeable acres. The total number of goats, sheep and/or similar
livestock shall not exceed five (5) for all lots with less than five
(5) contiguous grazeable acres. For each additional contiguous
grazeable acre over five (5), the total number of goats, sheep
and/or similar livestock shall not exceed five (5) per acre up to a
maximum total of one hundred (100).
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(4) The raising and ownership of poultry is permitted in all

districts provided the minimum lot size exceeds one (1) contiguous
acre. The total number of birds shall not exceed ten (10) per acre
for all lots under five (5) acres in size. For each additional acre
over five (5) acres, the total number of birds shall not exceed
fifty (50) per acre up to a maximum of one thousand five hundred
(1,500).
(5) The raising and ownership of rabbits is permitted in all

districts. The total number of rabbits shall not exceed five (5)
per acre for all lots under five (5) acres in size. For each
additional acre over five (5) acres, the total number of rabbits
shall not exceed twenty-five (25) per acre up to a maximum of seven
hundred fifty (750).
(6) The display and sale of farm products shall be permitted

provided that at least seventy-five percent (75%) of the quantity of
products for sale have been produced on the property on which they
are offered for sale. The sale of farm products shall be conducted
in a structure or stand which shall not be located closer than
twenty feet (20') from the applicable street right-of-way. In
addition, all off-street parking shall be designed in accordance
with Section 924 of this Chapter.
(7) All areas utilized for grazing purposes shall be

completely fenced in.
(b) Intensive Agricultural Standards.
(1) Unless specifically stipulated within this Chapter,

intensive agricultural activities are a permitted use by conditional
use within the RC (Rural Conservation) and by special exception
within the LDR (Low Density Residential) Zoning Districts in the
Township. Intensive agricultural activities shall be prohibited in
all other Zoning Districts.
(2) Agricultural activities that exceed the standards and

provision specified under Subsection 905(a) (General Agricultural
Standards) shall be construed as intensive agriculture.
(3) All intensive agricultural activities shall be conducted

on lands that exceed fifty (50) acres in size.
(4) The raising and ownership of horses, cattle and/or

livestock shall not exceed four (4) animals per acre.
(5) The raising and ownership of poultry shall not exceed

five hundred (500) birds per acre.
(6) The raising and ownership of rabbits, guinea pigs,

ferrets, hamsters, rodents or similar animals shall not exceed a
total of two hundred fifty (250) per acre.
(7) No farm or other accessory outbuilding shall be

constructed closer than two hundred feet (200') to any residential
property line.
(8) No more than one (1) dwelling unit shall be permitted on

lands on which agricultural activity is considered dominate.
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(9) The display and sale of farm products shall be permitted

provided that at least seventy-five percent (75%) of the quantity of
products for sale have been produced on the property on which they
are offered for sale. The sale of farm products shall be conducted
in a structure or stand which shall not be located closer than
twenty feet (20') from the applicable street right-of-way. In
addition, all off-street parking shall be designed in accordance
with Section 924.
(10) All areas utilized for grazing purposes shall be

completely fenced in.
(11) The cultivation of mushrooms shall be construed as an

intensive agricultural activity.
(12) Piggeries and mink farms shall be construed as an

intensive agricultural activity.
(13) Solid and liquid wastes shall be disposed of in a manner

to avoid creating insect or rodent problems.
(14) No discharges of liquid wastes and/or sewage shall be

permitted into a reservoir, sewage or storm sewer disposal system,
holding pond, stream or open body of water, or into the ground
unless the discharges are in compliance with the standards approved
by the local, state and/or federal regulatory agencies.
(15) A nutrient management plan, a manure management plan, a

conservation plan, a stormwater management plan, an erosion and
sedimentation control plan, a solid waste management plan, and a
hydrogeological resource plan shall be prepared by the applicant for
all proposed intensive agricultural uses. All plans shall be
submitted to the Township Engineer for review and comment. All such
plans shall be approved by the Township prior to time the proposed
intensive agricultural activity is permitted to commence.
(16) Dead carcasses shall be removed from the property within

forty-eight (48) hours of fatality and disposed of in a manner which
is acceptable to the Township and the Commonwealth of Pennsylvania.

Section 906. Recreational Use Regulations. The following standards and

controls shall apply to all government, non-profit, private and/or community
recreational uses:
(a) All active outdoor recreational areas shall be set back fifty
feet (50') from all lot lines.
(b) No buildings shall be constructed within fifty feet (50') from
any lot line.
(c) No buildings or impervious surfaces shall be constructed on

lands which have been classified and identified as part of the
Environmental Protection Overlay District (Part 5).
(d) All property lines adjacent to existing residential land uses

shall be adequately screened and buffered so as to protect the
neighborhood from inappropriate noise, light and other disturbances.
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(e) Land areas which are not designated for buildings and
impervious surfaces shall be planted with an adequate all-season ground
cover which is consistent with Section 517, entitled “Landscaping
Regulations”, of Chapter XXVII, entitled “Subdivision and Land
Development”, of the Township of Amity Code of Ordinances.
(f) No driveway or access street shall be located within fifty

feet (50') from the intersection of any Township, State or private street.
The intersections and interior traffic circulation pattern shall be
designed to prohibit through traffic and minimize substantial traffic
congestion and hazards. All roads designed for interior circulation shall
be constructed in accordance with all applicable Township standards and
specifications.
(g) Parking facilities shall be required and designed in

accordance with all Township standards and specifications.
(h) All parking areas, driveways and/or streets shall be provided

with a lighting system which shall furnish adequate illumination at any
point, and shall be designed to prevent glare which could be hazardous or
uncomfortable to drivers in the area. Lights shall be screened to prevent
spill or glare onto adjacent residential areas. In addition, the standards
indicated under Section 922 (Lighting) shall be applicable for all design
specifications.
(i) A land development plan shall be required for all proposed

recreational sites in accordance with the requirements of Act 247, as
amended. In addition, all applications shall comply with applicable
standards and specifications provided within this Chapter and the Township

Section 907. Design Standards for Commercial and Industrial Uses. All
proposed commercial and industrial uses shall be designed in accordance with all
land development requirements and procedures pursuant to Act 247, as amended, and
all Township codes and ordinances.
Section 908. Environmental Performance Standards for Commercial and

Industrial Districts. Notwithstanding the laws and regulations of the United
States Environmental Protection Agency (US EPA) and/or the Pennsylvania
Department of Environmental Protection (PA DEP), the environmental performance
standards listed under this Section will be utilized by the Board of Supervisors,
the Planning Commission and the Township Engineer as supplemental regulations for
reviewing existing or potential environmental impacts within the corporate limits
of the Township.
(a) Air Management.
(1) Open burning is not permitted in the Township unless

such burning is consistent with the provisions and restrictions set
forth in Chapter IX of the Township Code of Ordinances (Fire
Prevention and Fire Protection).
(2) No gases, vapors, odors and/or particulates shall be

emitted from the facility which are detrimental to persons,
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property, animals or vegetation. No toxic, radioactive or corrosive

gases, vapors or fumes shall be released into the atmosphere.
(3) No odors causing annoyance or discomfort to the adjacent

residents shall be detectable beyond the property lines of the
commercial or industrial site on which such odors originate.
(4) The Air Pollution Control Act of 1960, P.L. 2119 of the
Commonwealth of Pennsylvania, as amended, in conjunction with
"Chapter 131 - Ambient Air Quality Criteria" and "Chapter 123 -
Standards for Contaminants" of "Title 25 - Rules and Regulations"
1971, as amended, shall be considered as minimum standards for the
control of smoke, dust, fumes and emissions.
(b) Noise and Vibration Control.
(1) No continuous noise in excess of the following limits

shall be permitted at the property line of the site on which the
noise sources originate:
MAXIMUM PERMISSIBLE SOUND PRESSURE LEVELS (IN DECIBELS)
Along Residential
District Boundaries Along Commercial/
Between Between Industrial District
Frequency Band: 12 A.M. 6 A.M. Boundaries
Cycles Per Sound & 6 A.M. & 12 A.M. Or Lot Lines
20 - 75 63 71 73
76 - 150 53 64 66
151 - 300 47 58 60
301 - 600 41 53 55
601 - 1,200 37 49 52
1,201 - 2,400 35 47 50
2,401 - 4,800 33 46 48
4,801 - 10,000 32 44 47
(2) Noise which is not smooth and continuous and is not

radiated between the hours of 12:00 a.m. and 6:00 a.m. may exceed
the maximum levels listed above by the following number of decibels:
Amount of Time in Any Increase In

One (1) Hour Period Decibels*
Not more than twelve (12) minutes 5

Not more than three (3) minutes 10
Not more than one (1) minute 15
* Applicable for only one (1) increase.
(3) The levels of all sound pressure testing shall be

measured with a sound level meter and an octave band analyzer that
conforms to the specifications published by the American Standards
Associates.
(4) No physical vibration shall be perceptible without aid

of instruments at or beyond the lot lines with the exception of
temporary construction activity.
(c) Glare and Heat Control. Any operation producing intensive

light, glare and/or heat shall be performed within an enclosed building or
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behind a solid fence in such a manner as to be completely imperceptible

from any point beyond the sites boundary lines.
(d) Wastewater Management.
(1) In no case shall potentially hazardous effluent or waste

from any commercial or industrial operations be discharged.
(2) Effluent must meet all standards specified by the

Township and/or the Pennsylvania Department of Environmental
Protection.
(e) Solid Waste Management.
(1) No storage of solid waste materials on the site shall be

permitted in excess of ten (10) days.
(2) All solid waste materials awaiting transport shall be

properly screened and concealed from the view of all adjacent
properties. All containers shall be air-tight, vermin-proof and have
adequate storage capacity to accommodate existing and projected
volumes of solid waste.
(3) All solid waste management violations must be rectified

within a twenty-four (24) hour period.
(4) Incineration for the purpose of reducing or disposing of

liquid or solid waste material must comply with the Berks County
Solid Waste Management Plan.
(f) Outdoor Storage Control.
(1) No flammable or explosive liquids, solids or gases shall

be stored in bulk above ground, except for tanks or drums of less
than six hundred (600) gallons of fuel which is directly connected
with engines, heating devices or appliances located and operated at
the same site as the tanks or drums of fuel and which have been
approved by the Township or State where applicable.
(2) All storage facilities for fuel, raw materials and

products stored outdoors shall be enclosed by a security fence and
planting screen adequate to conceal the storage facilities from the
view of adjacent properties.
(3) No materials or waste shall be deposited on site in such

form or manner by which it can be transported off the site by
natural causes or forces.
(4) No substance which has the potential to contaminate

groundwater or surface water shall be permitted to be stored outside
unless the owner can provide safeguards which are satisfactory to
the Township and the Pennsylvania Department of Environmental
Protection.
(5) Section 910 (Outdoor Storage) shall also be applicable

for commercial and industrial uses.
(g) Utility Management and Control.
(1) All commercial and industrial uses requiring energy in

the form of electric, diesel, gas, oil, etc. shall comply with the
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most acceptable safety requirements recognized by the Pennsylvania

Bureau of Labor and Industry and shall be so constructed and
installed so as to be an integral part of the architectural features
of the site.
(2) Any utility which is viewed and regarded as offensive

and unsightly shall be concealed by coniferous planting.
(h) Electromagnetic and Radioactive Radiation Control. All

electromagnetic radiation shall comply with the regulations of the Federal
Communication Commission (FCC), provided that no electromagnetic radiation
which interferes with radio or television reception or the operation of
other equipment beyond the lot lines shall be produced. No injurious
electromagnetic radiation or radioactive emission shall be produced, and
all radioactive emissions shall meet Federal and State standards.
(i) Violations. Proprietors who have been cited for any

violation(s) subject to this Section shall be responsible for applicable
costs incurred by the Township through background investigations, legal
proceedings, retributions and rectification measures.
Section 909. Temporary Structures. A temporary permit shall be issued for

the authorization of temporary structures or uses necessary during construction
or other special circumstances of a discontinuing nature. The time period of the
initial permit shall be one (1) year, which may be renewed for three (3) month
time periods up to and not exceeding one (1) year. The temporary structure(s)
shall be removed completely within thirty (30) days of the expiration of the
permit without cost to the Township.
Section 910. Outdoor Storage.
(a) Outdoor storage of any type shall not be permitted unless such
storage conforms to the normal functions and procedures conducted on the
premises. Outdoor storage of any type shall be prohibited, if such
storage is considered and/or construed as unsightly, malodorous, hazardous
to the environment and potentially detrimental to the health and safety of
the adjacent property owners.
(b) Exterior fuel tanks or drums utilized for agricultural uses

shall be stored in approved above ground containers not exceeding six
hundred (600) gallons. All such containers shall be directly connected
with engines, heating devices, fuel pumps or agricultural appliances. All
such containers and connections shall be reviewed, approved and/or
permitted by the appropriate agencies.
(c) Exterior fuel tanks or drums utilized for residential uses

shall be stored in approved above ground containers not exceeding three
hundred twenty-five (325) gallons. All such containers shall be directly
connected with the appropriate heating devices, fuel pumps or agricultural
appliances. All containers and connections shall be reviewed, approved
and/or permitted by the appropriate agencies.
(d) If required by the Township, all storage facilities for fuel,

raw materials and products stored outdoors shall be enclosed by a fence
and planting screen to conceal the storage facilities from the view of
adjacent properties. The fence and planting screen shall be subject to
the review and approval by the Township.
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(e) No materials or waste shall be deposited on site in such form

or manner by which it can be transported off the site by natural causes or
forces.
(f) No exterior storage of a substance, which has the potential to

contaminate groundwater or surface water, shall be permitted unless the
owner provides and installs safeguards which are satisfactory to the
Township and the Pennsylvania Department of Environmental Protection. All
such protective safeguards shall be subject to the review and approval by
the Township.

April 26, 1999, Sections 14 & 15)
Section 911. Prohibited Uses. No building or structure may be erected,

altered or used, and no lot or premises may be used, for any activity which is
continuously noxious, injurious or offensive by reason of dust, smoke, odor,
fumes, noise, vibration, gas, effluent discharge, illumination or similar
substances or conditions. (Ordinance 130, December 9, 1991, Section 911)
Section 912. Front Yard Exceptions. When an unimproved lot is situated

between two (2) improved lots with front yard dimensions less than those required
for the zoning district in which the unimproved lot is located, the front yard
required for the unimproved lot may be reduced to a depth equal to the average of
the two (2) adjoining lots; provided, however, that this provision shall only
apply in such cases where the improved lots in question are improved as of the
time of the adoption of the Ordinance and the improvements are located within one
hundred feet (100') of the unimproved lot. For the purpose of this Section, an
unimproved lot shall be the same as a vacant lot and an improved lot shall be one
on which a principal building is erected.
Section 913. Flag Lots. Flag lots or key hole lots are prohibited in all
zoning districts within the Township. All lots developed or created shall meet
or exceed the required lot width for the zoning district in which it is located.
Section 914. (Reserved for Future Use.)
Section 915. Visibility at Intersections. On every corner lot, a yard

equal in depth to the front yard requirement of the zoning district in which the
corner lot is located shall be provided on each side of the lot which is adjacent
to a street. (Ordinance 130, December 9, 1991, Section 915)
Section 916. Fences, Walls and Hedges. Notwithstanding other provisions of

this Chapter, fences, walls and/or hedges may be permitted within and along the
periphery of any required yard provided:
(a) No fence, wall and/or hedge is to be erected or planted within

or encroaching upon the street right-of-way.
(b) No fence or wall, except a security fence or decorative

retaining wall, shall exceed six feet (6') in height. All proposed fences
and walls shall be designed and constructed in accordance with the
specifications and proceedings of the Township Planning Commission or the
Zoning Officer.
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(c) Fences constructed out of barb wire shall only be permitted

for agricultural purposes. The tops of security fences exceeding six feet
(6') in height may also utilize barb wire.
(d) Cyclone fences are permitted provided they are adequately

screened from the view of any adjacent properties with a high intensity
buffer screen in accordance with Subsection (g)(3)(viii) of Section 517,
entitled “Landscaping Regulations,” of Chapter XXVII, entitled
“Subdivision and Land Development,” of the Township of Amity Code of
Ordinances.
(e) Fences exceeding four feet (4') in height must be set back a
minimum of two feet (2') from a property line and shall not be permitted
in the front yard.

2006, Section 16)
Section 917. Corner Lot Restrictions. Clear sight triangles shall be

provided at all street intersections. Within such triangles, nothing, except
street signs, traffic lights or signs, utility poles and mail boxes, which
impedes vision between a height of three feet (3’) and ten feet (10') above the
centerline grades of the intersecting streets shall be erected, placed, planted
or allowed to grow. Such triangles shall be one hundred fifty feet (150’)
measured in each direction along the through street from the point of the
intersection of the street centerlines and from a point forty feet (40’) behind
the right-of-way of the intersecting street from the stop controlled street.
Whenever a portion of the clear sight triangle occurs behind the building setback
line, such portion shall be shown on the subdivision plan, and shall be
considered a building setback line.
(Ordinance 130, December 9, 1991, Section 917; as amended by Ordinance 215, July
5, 2005, Section 1)
Section 918. Projections Into Yards. The following projections shall be

permitted into required yards and shall not be considered in the determination of
yard size or lot coverage:
(a) Terraces, patios or open porches, provided that such terraces,

patios or open porches are not enclosed, are not closer than ten feet
(10') to any lot line (except a lot line which is the projection of a
common wall), and do not project into any required front yard.
(b) Open balconies or fire escapes and projecting architectural

features such as bay windows, cornices, eaves, roof overhang, chimneys and
window sills, provided that all such features shall project no more than
five feet (5') into any required yard and shall not be located closer than
six feet (6') to any lot line (except lot lines which are the projection
of common walls).
(c) Uncovered stairs and landings, provided such stairs or

landings do not exceed three feet six inches (3' 6") in height, do not
project more than five feet (5') into any required yard, and are not
located closer than six feet (6') to any lot line (except lot lines which
are the projection of common walls).
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LAB AMITY CODE 13404-10 C32 7/6/16 #C51471-03
Section 919. [Reserved For Future Use]

Section 920. Height Exceptions.
(a) Subject to the dimensional limits set forth in Subsection (b)

of this Section, the building height limitations contained within this
Chapter shall not apply to chimneys, spires, belfries, cupolas, farm
buildings, silos, greenhouse ventilators, antennas (not in combination
with support towers), water tanks and other similar appurtenances usually
required to be placed above the roof level provided they are not intended
for human occupancy.
(b) The projection of the structures which are specified under

Subsection (a) of this Section may be increased by one foot (1') for each
foot by which the width of each front yard, side yard and rear yard is
increased beyond the minimum front, side and rear yard requirements up to
a maximum of fifty feet (50'). In no case shall the height of the
structure, or the building in combination with a structure, be greater
than the distance to the closest lot line.
(c) The height exceptions specified in this Chapter shall be

consistent with the development standards specified under the Airport
Zoning Act (Pennsylvania Act 164 of 1 984, as amended) and by the
Pennsylvania Department of Transportation, Bureau of Aviation.

Section 921. Swimming Pools. Swimming pools shall be defined as a fixed

body of water, twenty-four inches (24") or more in depth and with a water surface
area of one hundred (100) square feet or more, that is utilized for the purpose
of swimming and bathing. Such swimming pools may be entirely or partially above
ground. Swimming pools shall be classified as a residential accessory use. The
following standards provided below shall supplement those standards provided in
Section 902 (Accessory Uses or Structures).
(a) The pool, filters, pumps and other mechanical or structural

equipment shall not be permitted within the front yard, the side yard
setbacks and/or within ten feet (10') of the rear lot line.
(b) Any flood lighting or other illumination used in conjunction

with the pool shall be shielded and directed away from adjacent property
owners.
(c) The pool shall be completely enclosed by a fence or wall not

less than four feet (4') in height. If the enclosure is a fence, the
vertical and horizontal interfaces shall be no more than two inches (2")
apart. All gates shall be equipped with locks.
(d) Above ground pools over four feet (4') in height do not need
to be enclosed by a fence or wall, but the ladders serving the pool shall
be locked in an inaccessible position at least four feet (4') above the
ground or removed and locked up elsewhere.
(e) In addition to the provisions identified under this Section,

all swimming pools shall be located, designed, constructed and maintained
in accordance with the provisions specified in the Township Building Code.
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April 26, 1999, Section 22; as further amended by Ordinance 197, August 5, 2003,
Sections 4 & 5)
Section 922. Lighting. When the property on which any activity is

conducted is illuminated, such illumination shall be so designed and located that
the light sources are shielded from adjoining residences and streets. No beams
of light shall be directed toward adjacent properties or toward public roads,
except from street lights intended for the lighting of streets, the location of
which have been approved by the Township and the appropriate utility company.
The intensity of illumination projected onto any property from another property
shall not exceed 0.1 vertical foot candle measured at thirty inches (30”) above
the ground at the property line. In addition, all lighting shall be in
accordance with Section 520 of Chapter XXVII, entitled “Subdivision and Land
Development” of the Township of Amity Code of Ordinances. (Ordinance 130,
December 9, 1991, Section 922; as amended by Ordinance 197, August 5, 2003,
Section 6)
Section 923. Off-Street Loading Areas.
(a) Paved off-street loading and unloading spaces, with proper

access from a street, common driveway or alley, shall be provided on any
lot on which a building for trade or business is hereafter erected or
substantially altered. All such areas for the loading and unloading of
vehicles, and for the servicing of establishments or shops by refuse
collection, fuel and other service vehicles, shall be of such size, design
and arrangement that they may be used without blocking or otherwise
interfering with the use of automobile accessways, parking facilities or
pedestrian ways. All loading areas shall be paved. Loading areas shall
not be located within required front yards and shall not be located within
ten feet (10') of any side or rear lot line.
(b) All such spaces shall have dimensions not less than twelve
feet (12') by forty five feet (45') with a clearance of not less than
fourteen feet (14') in height. Spaces required shall be determined by the
following table and shall be located exclusive of any public right-of-way
or required parking area.
OFF-STREET LOADING SPACE REQUIREMENTS
Gross Floor Area (Square Feet) Spaces Required
Office building
First 20,000 or fraction thereof One (1)
Each additional 40,000 square feet One (1)
Warehousing or wholesaling establishment

10,001 to 60,000 One (1) plus one
additional space for
each 25,000 square
feet in excess of
10,000 square feet
60,001 and over Three (3) spaces plus

one (1) additional
space for each 50,000
square feet in excess
of 60,000 square feet
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Other Principal Uses

10,001 to 40,000 One (1) plus one (1)
additional space for
each 15,000 square feet
in excess of 10,000
square feet
40,001 and over Three (3) spaces plus

one (1) additional
space for each 30,000
square feet in excess
of 40,000 square feet
Section 924. Off-Street Parking Facilities.
(a) Off-street parking facilities shall be provided whenever:
(1) A building is constructed or new use established.
(2) The use of an existing building is changed to a use

requiring more parking facilities.
(3) An existing building is altered so as to increase the

amount of parking spaces required.
(b) Standards.
(1) Each parking space shall have a minimum area of two

hundred (200) square feet and minimum dimensions of ten feet (10')
by twenty feet (20'). In addition, appropriate driveways, aisles and
maneuvering space shall be provided to permit safe and convenient
access to and use of the area provided for parking purposes. Proper
access from a street, alley or driveway shall be provided.
(2) Parking spaces for residential uses shall be located on

the same lot as the use served. Parking spaces for other uses shall
be provided for on the same lot as the use being served, or in
parking facilities within three hundred feet (300') of the use,
except in the case of a shopping center or similar grouping of
buildings on a lot, in which case all parking areas shall be
provided entirely within the lot lines of the property.
(3) All parking spaces designated for single-family

residential units shall be located behind the street right-of-way
line.
(4) Joint parking facilities for two (2) or more uses may be
established, provided that the number of spaces provided is not less
than the sum of the spaces required for each individual use.
(5) All parking spaces and means of access, other than those
relating to a dwelling, shall be adequately illuminated during night
hours of use. All lighting shall be in accordance with Section 520
of Chapter XXVII, entitled “Subdivision and Land Development” of the
Township of Amity Code of Ordinances.
(6) All common parking areas and access drives shall be

paved. They shall have marked parking spaces, shall be graded to
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provide convenient vehicular access and proper drainage and shall be

maintained in usable condition. The maximum grade of areas used for
parking shall not exceed five percent (5%), and the maximum grade of
access drives shall not exceed ten percent (10%). Surface water
shall not be concentrated onto public sidewalks and other premises.
(7) No areas necessary to fulfill the off-street parking

requirements of this Chapter shall be used for the sales, dead-
storage, repair, dismantling or servicing of vehicles.
(8) Off-street parking facilities existing at the effective

date of this Zoning Ordinance shall not be subsequently reduced to
an amount less than that required under this Chapter for a similar
new building or use.
(9) The width of aisles in parking areas shall be no less

than listed in the following table:
Aisle Width
Angles of Parking One Way Two Way
90 degrees 24' 24'

60 degrees 18'
45 degrees 15'
30 degrees 12'
(10) When the required number of parking spaces is computed

and a fraction of a parking space results, any fraction below one-
fourth (1/4th) may be disregarded and any fraction over one-fourth
(1/4th) shall necessitate the provision of a full parking space.
(11) The design of parking areas for all uses shall be such
to prevent the back-up of vehicles on a public street.
(12) Where parking requirements are determined by the number

of seats and no permanent seats are provided, only temporary seats,
the number of parking spaces to be provided shall be based upon the
capacity for temporary seats in normal usage.
(13) Parking areas shall be arranged so that no portion of

any vehicles parked within a designated parking space can extend
over any property line of the lot on which it is parked.
(14) Parking areas for non-residential uses which are

designed to contain more than three (3) vehicles shall be screened
from the view of persons on any land zoned RC, LDR, MDR and MHP
which is adjacent to the land on which the non-residential parking
area is located.
(15) All parking areas shall be landscaped in accordance with

Amity Code of Ordinances.
(16) Non-Conforming Parking Areas. No major repairs,

substantial alterations or extensions to any building shall be
permitted unless the plans for such change shall provide for
bringing the entire property into conformance with all of the
provisions of this Section as if an application were being made for
a permit to erect or construct all of the existing and proposed
buildings and structures on undeveloped ground.
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(17)(i) No tractor trailer truck, or trailer from a tractor

trailer truck, shall be stored or parked for more than forty-eight
(48) hours within any Zoning District other than the Light
Industrial/Office District (LI/O District),unless it is stored
within a completely enclosed building or is more than one hundred
(100) feet from the property line.
(ii) Recreational vehicles, whether motorized or non-

motorized, travel trailers, motor homes, truck campers, tent
campers, trailers, open utility trailers, equipment trailers,
enclosed cargo trailers, boats and trailers, snowmobiles and
trailers and any other similar vehicles shall not be parked or
stored on any public street or on any property within any Zoning
District except in a carport, a completely enclosed building, a
rear yard, side yard or a driveway, provided such vehicle is parked
behind the front yard building set back line. However, no such
vehicles shall be used for living, sleeping or housekeeping purposes
when parked or stored in such location, unless a temporary permit is
issued by the Township. At no time may the parking of these
vehicles interfere with the use of public sidewalks.
(iii) Parking of vehicles set forth in this Section 924 (b)

(17) on the public streets shall be in accordance with Chapter 19,
Part 4, Sections 401 – 405.”
(18) The number of off-street parking spaces to be provided

for each use shall be sufficient to accommodate all employee,
visitor and customer parking. Minimum off-street parking
requirements shall conform to the specifications under
Subsection 924(c).
(19) Section 510 of the Township Subdivision and Land

Ordinances) provides additional design standards and specifications
for off-street parking facilities.
(c) Requirements. Off-street parking requirement shall be as

follows:
(1) Residential Uses. Two (2) parking spaces per dwelling

unit.
(2) Wholesaling, Warehouse or Industrial Use. One (1) space

per two (2) employees for the combined employment of the two (2)
largest successive shifts.
(3) Restaurant, Tavern or Similar Use. One (1) space for

each two (2) seats plus one (1) space for each full-time employee on
the largest shift.
(4) Retail and Service Establishments. One (1) space for

each one hundred fifty (150) square feet of gross floor area.
(5) Office Buildings. One (1) space for each two hundred
(200) square feet of gross floor area.
(6) Motel, Hotel, Tourist Home or Similar Establishments.

One (1) space for each rental unit plus one (1) space for each
employee on the largest shift.
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(7) Medical, Dental and Paramedical Offices and Clinics.

Eight (8) spaces for each person engaged in practice.
(8) Nursing Home, Convalescent Home or Home for the Aging.

One (1) space for each employee plus one (1) space for each four (4)
beds.
(9) Hospital. One and one-half (1-1/2) spaces per bed.
(10) Funeral Home. One (1) space for each four (4) seats.
(11) Roadside Farm Stand. Not less than five (5) spaces.
(12) Drive-In Eating Establishment (no indoor seating

provided). One (1) space for each two thousand (2,000) square feet
of lot area or one (1) space for every twenty-five (25) square feet
of gross floor area, whichever is greater, plus one (1) space for
each full-time employee on the largest shift.
(13) Bowling Alley. Five (5) spaces per alley.
(14) Auditorium, Gymnasium, Theater, Municipal Building,

Place of Worship, Club or Lodge, Cafeteria Utilized for Public
Assemblage, or Other Place of Public Assemblage. One (1) space for
every three (3) seats.
(15) Library or Museum. One (1) space per three hundred

(300) square feet of gross floor area.
(16) Nursery Schools. One (1) space per employee plus one
(1) space for loading and unloading of children for each five (5)
children accommodated in the school.
(17) Elementary and Junior High Schools. One (1) space per
employee plus ten (10) spaces per classroom. Refer to requirement
(14) for additional requirements.
(18) High Schools. One (1) space per four (4) students plus
one (1) space for each employee. Refer to requirement (14) for
additional requirements.
(19) Skating Rink, Swimming Pools, Dance Hall, Indoor

Recreational Establishment. One (1) space per fifty (50) square feet
devoted to patron use.
(20) Motor Vehicle Service Station or Repair Garage. Two (2)

parking spaces per service bay.
(21) Continuing Care Retirement Community. Two and one-half

(2 ½) spaces per single-family detached, single-family semi-detached
and townhouse dwelling unit (on-street parking can be included in
this requirement). One (1) parking space per independent living
apartment unit. One (1) parking space for every four (4) beds in
assisted living and nursing or skilled care units plus one (1)
parking space for each employee on the largest shift.
(22) Commercial Retirement Community. One and one-half (1 ½)

off-street parking spaces for each dwelling unit and one (1) parking
space for each two hundred (200) square feet of gross floor area of
a Community Center.
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(23) Age Restricted Housing. Two (2) off-street parking

spaces shall be required for each dwelling unit plus one (1) parking
space shall be required for each two hundred (200) square feet of
gross floor area of a Community Center.
For any building or use not covered above, or for any combination of
uses set forth above, the Zoning Officer shall apply the standard for off-
street parking spaces in the above schedule deemed to most closely
approximate the proposed building or use.

April 26, 1999, Sections 23 & 24; as further amended by Ordinance 197, August 5,
2003, Section 7; as further amended by Ordinance 229, December 19, 2006,
Section 17; as further amended by Ordinance 246, August 6, 2008, Section 8; as
further amended by Ordinance 247, October 1, 2008, Section 4; as further amended
by Ordinance 248, October 1, 2008, Section 4; as further amended by Ordinance
289, July 1, 2015, Section 3; as further amended June 15, 2016, Section 4)
Section 925. Driveways.
(a) No driveways shall be located, designed and constructed so as

to create a drainage or sedimentation problem on an adjacent property or
street.
(b) All driveways shall be so constructed and maintained that the

materials of which the driveways are made will not wash nor be deposited
upon public roads.
(c) Driveways serving single-family residential dwelling units

shall not exceed fourteen percent (14%) in grade. Driveways exceeding
seven percent (7%) in grade shall be paved.
(d) Driveways serving multi-family residential dwelling units and

non-residential developments shall not exceed ten percent (10%) in grade
and shall be paved.
(e) All driveways shall be located, designed and constructed as to

provide optimum sight distance at their intersection with the street. The
Township Subdivision and Land Development Ordinance (see Chapter XXVII of
the Township Code of Ordinances) provides standards and guidelines for
calculating site distances.
(f) Driveway entrances shall not intersect streets at angles of

less than sixty degrees (60°) nor more than one hundred twenty degrees
(120°).
(g) All driveways shall be located, designed and constructed in

accordance with the standards for driveways specified in the Township
(h) A Driveway Occupancy Permit, issued by the Township, shall be

required for all proposed driveways entering onto a Township road. A
Highway Occupancy Permit, issued by the Pennsylvania Department of
Transportation, shall be required for all proposed driveways entering onto
a State road.
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Section 926. Highway Frontage Development.
(a) All areas for off-street parking, off-street unloading and

loading, and the storage or movement of motor vehicles shall be physically
separated from the public street or highway by a raised curb, planting
strip or other suitable barrier against unchanneled motor vehicle entrance
or exit, except for necessary accessways or access roads which supply
entrance to and egress from such parking, loading or storage area.
(b) Each use with less than one hundred feet (100') of frontage on
a public street shall have not more than one (1) accessway to each such
street. No use with one hundred feet (100') or more frontage on a public
street shall have more than two (2) accessways to any one (1) street for
each three hundred feet (300') of frontage. Where practicable, movement
into and out of parking areas shall avoid direct access to or from an
arterial street or major collector.
(c) Where there is more than one (1) driveway to a parking area,
the driveways, whenever possible, shall be limited to one (1)-way travel
either as an entrance to or an exit from the parking area. The width of
such entrances and exits, measured at the street line, shall conform to
the following schedule:
Minimum Width Maximum Width
One Way 12 Feet 26 Feet

Two Way 24 Feet 36 Feet
(d) In all cases the radius of the edge or the driveway apron
shall be at least fifteen feet (15') and no more than fifty feet (50').
(e) The location and width of exit and entrance driveways shall be
planned so as not to interfere with the use of adjacent property and with
pedestrian and vehicular traffic on adjacent streets. The center line of
the access driveway on to or from any public street shall be located at
least seventy-five feet (75') from the intersection of any street lines.
Section 927. Signs.
(a) Purpose and Application.
(1) The purposes of the regulations contained under this

Section are to promote and maintain overall community
beautification; establish reasonable time, place and manner
regulations on the exercise of free speech; promote traffic safety;
and promote appropriate and efficient use of land.
(2) Signs existing at the date of enactment of this

Ordinance and which do not conform to the requirements of this
Chapter shall be considered non-conforming signs. Once a non-
conforming sign is removed, it may be replaced only with a
conforming sign. Non-conforming signs may be repaired or repainted
provided that the modifications do not exceed the dimensions of the
existing sign.
(b) Definitions.
(1) Electronic Message Display Sign. A sign capable of

displaying words, symbols, figures or images that can be
electronically or mechanically changed by remote or automatic means.
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In addition, the following definitions shall apply to electronic

message display signs.
(i) Dissolve. A mode of message transition on an

electronic message display sign accomplished by varying the
light intensity or pattern, where the first message gradually
appears to dissipate and lose legibility simultaneously with
the gradual appearance and legibility of the second message.
(ii) Fade. A mode of message transition on an

electronic message display sign accomplished by varying light
intensity, where the first message gradually reduces intensity
to the point of not being legible and the subsequent message
gradually increases intensity to the point of legibility.
(iii) Frame. A complete, static display screen on an

electronic message display sign.
(iv) Frame Effect. A visual effect on an electronic

message display sign applied to a single frame to attract the
attention of viewers which includes flashing.
(v) Scroll. A mode of message transition on an

electronic message display sign where the message appears to
move vertically across the display surface.
(vi) Transition. A visual effect used on an electronic

message display sign to change from one message to another.
(vii) Travel. A mode of message transition on an

electronic message display sign where the message appears to
move horizontally across the display surface.
(2) Permanent Sign. A sign which has a permanent location

on the ground or which is attached to a structure having a permanent
location and meets the structural requirements for signs as
established in the Building Code.
(3) Sign. Any permanent or temporary structure or part

thereof or any device attached, painted or represented, directly or
indirectly, on a support structure, building, wall or other surface
(indoor or outdoor that can be viewed by the public) that displays
or includes any letter, word, insignia, flag or representation used
as or which is in the nature of an advertisement, announcement,
visual communication, direction or which is designed to attract the
eye or bring the subject to the attention of the public. The term
“sign” includes the word “billboard,” “monument sign” and “post
sign,” but does not include the flag, pennant or insignia of any
nation, state, city or other political unit, nor public traffic or
directional signs.
(4) Temporary Sign. A “temporary sign” is any sign, banner

or poster which is placed to advertise or announce a specific event,
or which pertains to a particular event or occurrence and which is
not designed or intended to be placed permanently.”
(c) Area Standards.
(1) The area of a sign shall be construed to include all

lettering, wording and accompanying designs and symbols, together
with the background, whether open or enclosed, on which they are
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displayed, but not including any supporting framework and bracing

which are incidental to the display itself.
(2) The area of a sign, painted upon or applied to a

building, shall be considered to include all lettering, wording and
accompanying designs or symbols together with any backing associated
with the sign.
(3) Where the sign consists of individual letters or symbols

attached to or painted on a surface, building, wall or window, the
area shall be considered to be that of the smallest rectangle or
other shape which encompasses all of the letters and symbols.
(d) Permitted Signs - All Zoning Districts. These signs are

permitted in all zoning districts and are subject to the following
standards, provisions and specifications.
(1) Official traffic control signs and other official,

federal, state, county or township government signs;
(2) Temporary sign announcing a campaign, drive or event of

a civic, philanthropic, educational or religious organization, or
sign directing patrons or members of an audience to a temporary
exhibit or temporary signs for a political campaign event, provided
such temporary sign shall not exceed six (6) square feet in area and
shall be removed immediately upon the completion of the campaign,
drive or event;
(i) the area of each such temporary sign shall not

exceed six(6)square feet;
(ii) no portion of each such temporary sign shall

exceed four(4)feet in height;
(iii) no such temporary sign shall be placed within the

boundaries of a designated clear sight triangle at an
intersection of streets or access drives;
(iv) no such temporary sign shall interfere with normal

pedestrian movements; and
(v) each such temporary sign shall be constructed of

durable materials and maintained in good and safe condition
and repair. The painted portion of each such temporary sign
shall be kept in good condition. Upon the determination that
such temporary sign is noncompliant with the provisions of
this Subsection or becomes a hazard, such temporary sign shall
be repaired or removed by the owner of the property upon which
such temporary sign is displayed within thirty (30) days of
the date of written notice from the Township to such owner of
such noncompliance. In the event such owner fails to remove or
repair such temporary sign within said thirty (30) day period,
the Zoning Officer or other qualified person designated by the
Board of Supervisors may immediately remove such temporary
sign at the sole cost and expense of such owner.
(3) Temporary real estate signs advertising the sale or

rental of the residential property upon which such temporary sign is
erected are subject to the following conditions:
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exceed six (6) square feet;

exceed four (4) feet in height;
(iii) not more than one (1) such temporary sign shall be
displayed on the property unless such property fronts on more
than one (1) street, in which case one (1) such temporary sign
may be located on each street frontage;
(iv) each such temporary sign shall be removed

immediately upon completion of the transaction;
(v) no such temporary sign shall be placed within the

(vi) no such temporary sign shall interfere with normal

(vii) each such temporary sign shall be constructed of

this Subsection or becomes a hazard,such temporary sign shall
(4) Temporary signs of contractors, developers, architects,

engineers and builders erected and maintained on the premises where
the work is being performed are subject to the following conditions:


exceed four (4) feet in height;
(iii) each such temporary sign shall be removed

immediately upon completion of the work;
(iv) no such temporary sign shall be placed within the

(v) no such temporary sign shall interfere with normal

(vi) each such temporary sign shall be constructed of

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(5) Trespassing signs, signs indicating the private nature

of a road, driveway or premises, and signs controlling fishing or
hunting on the premises are subject to the following conditions:

(ii) no portion each such temporary sign shall exceed

four (4) feet in height;
(iii) no such temporary sign shall be placed within the

(iv) no such temporary sign shall interfere with normal

(v) each such temporary sign shall be constructed of

(6) Political signs, being temporary signs erected in

conjunction with a political election, naming a candidate or slate
of candidates for a primary or general election or referencing a
position in support of or in opposition to an issue placed in
referendum are subject to the following conditions:

(ii) no portion each such temporary sign shall exceed

four (4) feet in height;
(iii) each such temporary sign shall be removed upon

completion of the election;
(iv) no such temporary sign shall be placed within the

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(v) no such temporary sign shall interfere with normal

(vi) each such temporary sign shall be constructed of

sign at the sole cost and expense of such owner.”
(e) Permitted Signs - Residential Districts. The following signs

are permitted in the RC (Rural Conservation), the LDR (Low Density
Residential), the MDR (Medium Density Residential), the MHP (Mobile Home
Park) and the RV (Rural Village-Amityville) zoning districts:
(1) Home occupation sign displaying the name and address of

the occupant or the profession or activity of the occupant of a
dwelling, provided that not more than one(1)such sign shall be
erected for each permitted use or dwelling, provided that the area
of such sign shall not exceed two(2) square feet and provided that
such sign shall be fixed flat on the main wall of such building or
may be erected in the front yard, but not within ten (10) feet of
the cartway.
(2) Permanent sign, bulletin, announcement board or

identification sign for schools, churches, clubs, municipal or other
similar principal uses for the purpose of displaying the name of the
institution and its activities or services, provided that the area
of any such sign shall not exceed twelve (12) square feet and not
more than one (1) such sign shall be erected on any one (1) street
frontage.
(3) Sign offering the sale of farm products, nursery

products or livestock produced or raised on the premises, provided
the area of any such sign shall not exceed six (6) square feet and
not more than one(1)such sign shall be erected on any one (1) street
frontage.
(4) Temporary signs denoting membership in agricultural

associations or cooperatives or indicating specialization in a
particular breed of cattle, hogs, etc., or in a particular hybrid or
strain of plant, provided that such temporary sign is limited to six
(6) square feet.
(5) Developments containing a total of twenty-five (25) or

more dwelling units may provide a permanent sign for the purposes
of identifying the name of the development. All such permanent signs
shall be limited to one(1)permanent sign per entrance to the
development and a maximum of thirty-two(32)square feet per permanent
sign.
(6) Illuminated signs, signs which emit light or electronic

message display signs, shall not be permitted for any use in a
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residential zoning district with the exception of municipal, school,

public safety, church use or approved commercial uses in the Rural
Village zoning district only with the approval of the Board of
Supervisors. Before any illuminated sign may be installed, a permit
must first be obtained from the Township.
(f) Permitted Signs-Multi-Family/Planned Residential Developments.

The following signs are permitted in Multi-Family and/or Planned
Residential Developments:
(1) Temporary freestanding real estate signs advertising the

sale or rental of the multi-family dwelling property upon which such
temporary sign is erected, subject to the following conditions:

exceed thirty-two (32) square feet;

exceed ten (10) feet in height;
(iii) not more than one (1) such temporary sign shall be
displayed on the property unless such property fronts on more
than one (1) street, in which case one (1) such temporary sign
may be located on each street frontage;
(iv) no such temporary sign shall be displayed for more

than one (1) year;

(vi) no such temporary sign shall be placed within the

official right-of-way of any street, or obstruct the vision or
sight distance of the operator of any vehicle;
(vii) no such temporary sign shall interfere with normal

(viii) each such temporary sign shall be

constructed of durable materials and maintained in good and
safe condition and repair. The painted portion of each such
temporary sign shall be kept in good condition. Upon the
determination that such temporary sign is noncompliant with
the provisions of this Subsection or becomes a hazard, such
temporary sign shall be repaired or removed by the owner of
the property upon which such temporary sign is displayed
within thirty (30) days of the date of written notice from the
Township to such owner of such noncompliance. In the event
such owner fails to remove or repair such temporary sign
within said thirty (30) day period, the Zoning Officer or
other qualified person designated by the Board of Supervisors
may immediately remove such temporary sign at the sole cost
and expense of such owner.
(ix) no such temporary sign shall be erected or

displayed without the owner thereof having first obtained a
permit from the Township for such temporary sign, subject to
the following conditions: each such permit shall be issued by
Board of Supervisors, only upon receipt of a written
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application completed in duplicate on a form approved by the

Board of Supervisors from time to time; each such application
shall be signed by the applicant and accompanied by all
required documents and information as prescribed by such
application form; each such application shall be reviewed by
the Zoning Officer for compliance with the provisions of this
Chapter, including but not limited to Subsection 927(j), and,
upon approval thereof, a permit shall be issued.
(2) Directional temporary signs, not to exceed six (6)

square feet each, erected within the project itself to direct
persons to a sales or rental office or sample apartment.
(3) Developments containing a total of twenty-five (25) or

more multi-family dwelling units may provide a permanent sign for
the purposes of identifying the name of the development. All such
permanent signs shall be limited to one (1) sign per entrance to the
development and a maximum size of thirty-two (32) square feet per
sign. Permanent signs identifying the individual buildings within
the project shall not exceed two (2) square feet.
(4) Illuminated signs, signs which emit light, or electronic

message display signs shall not be permitted in any planned
residential developments or multi-family developments, except upon
the approval of the Board of Supervisors for approved commercial
uses.
(g) Permitted Signs – HC (Highway Commercial), SCC (Shopping

Center Commercial) and LI/O (Light Industrial/Office) Zoning Districts.
The following signs are permitted in the HC (Highway Commercial), SCC
(Shopping Center Commercial) and LI/O (Light Industrial/Office) Zoning
Districts:
(1) Temporary signs for purposes of this Subsection, which

advertise only the sale or rental of the commercial or industrial
property anticipated to be built upon which such temporary sign is
erected, are subject to the following conditions:
(i) the area of each such sign shall not exceed the
following: for a property consisting of ten (10) or less
acres, thirty-two (32) square feet in area; for a property
consisting of more than ten (10) acres and less than fifty
(50) acres, one hundred (100) square feet in area; and for a
property consisting of fifty (50) acres or more, two hundred
(200) square feet in area;

exceed: forty (40) feet in height in the HC (Highway
Commercial), SCC (Shopping Center Commercial) and LI/O (Light
Industrial/Office) Zoning Districts;
(iii) not more than one (1) such sign shall be displayed
on the property unless such property fronts on more than one
(1) street, in which case one (1) such temporary sign may be
located on each street frontage;

than one (1) year after building construction is completed;
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official right-of-way of any street or obstruct the vision or

pedestrian movements;
(viii)two (2) sign faces may be utilized only in the

back-to-back arrangement, in which case they shall be parallel
and not more than fifteen (15) feet apart;
(ix) each such temporary sign shall be constructed of

(x) each such temporary sign may be illuminated

provided that the lighting shall be arranged in a manner which
shall protect neighboring properties and streets or roadways
from direct glare, beams or rays and shall not be of such
intensity or brilliance to cause impairment of the vision of
any driver or operator of any vehicle nor create hazardous
interferences of any kind and otherwise conform with all
Township regulations relating to lighting, including, but not
limited to, Section 922 of this Chapter;
(xi) no such temporary sign shall be erected within one

hundred fifty (150) feet of any intersection of any public
roadways;
(xii) no such temporary sign shall be erected or

upon approval thereof, a permit shall be issued, which such
permit shall remain in effect for a period of one (1) year
from the date of issuance thereof, subject to renewal for
additional one (1) year intervals upon written reapplication
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and presentation of documentation establishing applicant’s

continued compliance with the terms and conditions of this
Chapter; and each such application and reapplication shall be
accompanied by a check or cash in full satisfaction of the
application or reapplication fee for such permit as
established by resolution of the Board of Supervisors from
time to time.
(2) Permanent business or industrial wall or freestanding

signs on the same lot as the use to which it relates, in accordance
with the following standards and specifications:
(i) The total area of such signs shall be limited to

two (2) square feet for each lineal foot of horizontal
building front façade length, however, not to exceed one
hundred sixty (160) square feet for any one (1) use.
(ii) All freestanding signs shall be of the monument

type as depicted in Diagram 1204 set forth in Section 1204 of
this Chapter and shall not exceed fifteen (15) feet in height.
The monument style sign(s) shall be included in the total
square footage permitted herein.
(iii) No more than two (2) freestanding signs shall be

permitted per lot.
(iv) Electronic message display signs on the same lot

as the use to which it relates are permitted in the HC
(Highway Commercial) and SCC (Shopping Center Commercial)
zoning districts. Electronic message display signs on the
same lot as the use to which it relates are permitted in the
portions of the LI/O (Light Industrial/Office) Zoning District
which immediately adjoin United State Route 422 (either East
or West bound) and for an area of one hundred fifty (150) feet
from the edge of the cartway of said road. Such electronic
message display signs shall be no larger than fifty (50)
square feet or twenty-five percent (25%) of the total
allowable signage for a property pursuant to Subsection 927
(g)(2)(i) hereof, whichever is less. Such electronic message
display signs shall also conform to the standards and
specifications as set forth in Subsection 927 (j)(6).
(3) Special temporary promotional devices, signs or displays

shall be permitted on the outside of a building, provided they are
not on display for a total period of thirty (30) cumulative days in
any given year.
(4) Permanent off-site advertising signs may be erected and

maintained within the HC (Highway Commercial), SCC (Shopping Center
Commercial) and LI/O (Light Industrial/Office) zoning districts
which immediately adjoin United States Route 422 (either East or
West bound) and for an area of one hundred fifty (150) feet from the
edge of the cartway of said road. In addition, the following
standards and specifications shall apply:
(i) all off-site advertising signs shall have a

maximum display area of two hundred (200) square feet per sign
face with a maximum width of twenty-five (25) feet, inclusive
of any border, and shall have no more than one (1) in each
direction;
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(ii) two (2) sign faces may be utilized only in the

back-to-back arrangement, in which they shall be parallel and
not more that fifteen (15) feet apart;
(iii) all off-site advertising signs shall be

constructed on a steel unipole support, meeting the industry-
wide standards and shall be designed and certified as accurate
and of sound construction quality by a registered and certified
professional engineer whose signature and seal shall appear on
the face of said plan along with said certification;
(iv) all off-site advertising signs shall conform to

the building height restrictions of the zoning district
controlling the location of the structure. The height shall be
measured from the bed of the street, road, highway or alley to
the highest part of the sign or supporting structure;
(v) no off-site advertising sign shall be erected

within one thousand (1,000) feet in any direction of any other
advertising sign;
(vi) no off-site advertising sign shall be erected

closer than twenty (20) feet to the cartway or as specified by
the Pennsylvania Department of Transportation;
(vii) all off-site advertising signs shall be maintained

in good and safe structural condition. The painted portion of
all off-site advertising signs shall be kept in good
condition;
(viii)the general area in the vicinity of all off-site

advertising signs shall be kept free and clear of sign
material and debris and adhere to any and all Township
ordinances, including the Weed Control Ordinance now in effect
or as hereinafter amended;
(ix) all newly erected off-site advertising signs shall

conform to all applicable federal, state and local laws, rules
and regulations;
(x) off-site advertising signs may be illuminated

interferences of any kind;
(xi) no off-site advertising signs shall be erected

within one hundred fifty (150) feet of any intersection of any
public roadway with United States Route 422, and no off-site
advertising sign shall be erected or placed in any manner so
as to interfere with or impede the unobstructed vision of a
motor vehicle operator attempting to enter on or exit from any
intersection with a public or private roadway, any driveway or
any parking facility adjacent to U.S. Route 422;
(xii) no off-site advertising sign shall be erected or

maintained without the owner thereof having first obtained a
permit from the Township, which shall be issued by the Zoning
Officer or other party designated by the Board of Supervisors,
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only upon receipt of a written application completed in

duplicate, signed by the applicant and accompanied by five (5)
copies of a plan of the property or tract of land, prepared to
scale, depicting dimensional limits of the sign face, the
perimeter boundaries as taken from the deed for said tract,
identifying the current owner of the tract, all adjacent
owners, the location and dimensions of United States Route 422
in relation to the tract, the next closest intersecting public
roadways and any driveways or parking areas within one hundred
fifty (150) feet of the site, the proposed location of the
sign area to be transferred in fee or controlled by lease and
any and all easements or utility installation affecting such
site and accompanied by five (5) copies of a plan of the sign
prepared to scale depicting the supporting structure and the
specifications of the materials and methods of construction
and maintenance to be employed, signed and certified by a
registered licensed professional engineer;
(xiii) permit applications shall be reviewed by the

Zoning Officer and the Township Engineer for compliance with
this Chapter and, upon approval by both, a permit shall be
issued to remain in effect for a period of three (3) years
from the date of issuance of the permit, subject to renewal
for additional three (3) year intervals upon written
reapplication and presentation of documentation establishing
applicant's continued compliance with the terms and conditions
of this Chapter concerning weed control, maintenance,
illumination and other terms not to include the location of
the site itself but to include any terms or conditions
appearing on the face of the permit;
(xiv) permit applications shall be accompanied by a

check or cash in full satisfaction of an initial application
fee to be established by resolution of the Board of
Supervisors;
(xv) electronic message display signs as off-site

advertising signs shall be in accordance with the standards
and specifications as set forth in Subsection 927 (g)(4) and
Subsection 927(j)(6).”
(h) Permitted Signs – Rural Village-Amityville District. The

following signs are permitted in the Rural Village-Amityville Zoning
District:
(1) Freestanding signs or signs mounted perpendicular to and

attached to the building on the same lot as the use to which it
relates, in accordance with the following standards and
specifications:
(i) the total area of such signs shall be limited to

twelve(12)square feet for any one (1) use;
(ii) all freestanding signs shall be of the monument

this Chapter or post type as depicted in Diagram 1205 as set
forth in Section 1205 of this Chapter and shall not exceed
eight (8) feet in height. The monument style sign(s) and post
type sign(s) shall be included in the total sign square
footage permitted herein; and
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(iii) no more than one (1) freestanding sign shall be

permitted per lot.
(2) Wall signs in the structure on the same lot as the use
to which it relates, provided the total area of such signs shall be
limited to twelve (12) square feet on each building façade that has
direct frontage on a public street.
(3) A temporary sign shall be permitted on the outside of a

building provided it does not exceed twelve (12) square feet. No
mechanically inflatable devices or similar products or signs are
permitted in the Rural Village-Amityville Zoning District.
(i) Permitted Signs – PBOI (Planned Business/Office/Industrial

District. The following signs are permitted in the PBOI (Planned
Business/Office/Industrial) Zoning District:
(1) Temporary signs for purposes of this Subsection which

advertise only the sale or rental of the commercial or industrial
property anticipated to be built upon which such Temporary Sign is
erected are subject to the following conditions:
(i) the area of each such sign shall not exceed the
following: for a property consisting of ten (10) or less
acres, thirty-two (32) square feet in area; for a property
consisting of more than ten (10) acres and less than fifty
(50) acres, one hundred (100) square feet in area; and for a
property consisting of fifty (50) acres or more, two hundred
(200) square feet in area;

exceed forty (40) feet in height in the PBOI (Planned
Business/Office/Industrial) Zoning District;
(iii) not more than one (1) such sign shall be displayed
on the property unless such property fronts on more than one
(1) street, in which case one (1) such temporary sign may be
located on each street frontage;

than one (1) year after building construction is completed;


official right-of-way of any street, or obstruct the vision or

pedestrian movements;
(viii)two (2) sign faces may be utilized only in the

back-to-back arrangement, in which case they shall be parallel
and not more than fifteen (15) feet apart;
(ix) each such temporary sign shall be constructed of

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sign at the sole cost and expense of such owner;
(x) each such temporary sign may be illuminated

interferences of any kind and otherwise conform with all
Township regulations relating to lighting, including, but not
limited to, Section 922 of this Chapter;
(xi) no such temporary sign shall be erected within one

hundred fifty (150) feet of any intersection of any public
roadways;
(xii) no such temporary sign shall be erected or

upon approval thereof, a permit shall be issued, which such
permit shall remain in effect for a period of one (1) year
from the date of issuance thereof, subject to renewal for
additional one (1) year intervals upon written reapplication
and presentation of documentation establishing applicant’s
continued compliance with the terms and conditions of this
Chapter; and each such application and reapplication shall be
accompanied by a check or cash in full satisfaction of the
application or reapplication fee for such permit as
established by resolution of the Board of Supervisors from
time to time.
(2) Permanent business or industrial wall or freestanding

signs on the same lot as the use to which it relates, in accordance
with the following standards and specifications:
(i) the total area of such signs shall be limited to

two (2) square feet for each lineal foot of horizontal
building front facade length, however, not to exceed one
hundred sixty (160) square feet for any one (1) use;
(ii) all freestanding signs shall be of the monument

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this Chapter and shall not exceed fifteen (15) feet in height.
The monument style sign(s) shall be included in the total sign
square footage permitted herein;
(iii) no more than two(2) freestanding monument signs

shall be permitted per lot;
(iv) Electronic message display signs on the same lot

as the use to which it relates are permitted in the PBOI
(Planned Business/Office/Industrial) Zoning District. Such
electronic message display signs shall be no larger than fifty
(50) square feet or twenty-five percent (25%) of the total
allowable signage for a property pursuant to Subsection
927(i)(2)(i) hereof, whichever is less. Such electronic
message display signs shall also conform to the standards and
specifications as set forth in Subsection 927(j)(6).
(3) Special temporary promotional devices, signs or displays

shall be permitted on the outside of a building provided they are
not on display for a total period of thirty (30) cumulative days in
any given year.
(j) Supplementary Sign Regulations. The following supplementary

sign regulations shall apply to all zoning districts in the Township:
(1) Projection. No sign shall project more than twelve

inches (12") from the building facade to which it is attached. No
freestanding sign may project beyond the lot line or beyond a street
right-of-way.
(2) Height. No sign that is a part of or is supported by a

building shall be erected upon the roof of such building, nor shall
such sign extend above the height of the building. Freestanding
signs shall meet the height requirements of the particular district
in which they are located.
(3) Illumination. Signs, other than Electronic Message

Display Signs, may be lighted with nonglaring lights; provided,
however, that no red, green or amber lights shall be permitted and
provided that lighting is screened from adjacent properties. No
lights of intermittent, flashing or animated types shall be
permitted.
(4) Placement. No signs shall be permitted which are
posted, stapled or otherwise permanently attached to public utility
poles or trees within a street right-of-way. No portion of any
freestanding sign shall be located within five feet (5') of any side
lot line.
(5) Construction. All signs, except temporary signs, shall

be constructed of durable material and kept in good condition and
repair. Any sign which is allowed to become dilapidated may, after
thirty (30) days’ notification, be removed by the Township at the
expense of the owner or lessee of the property on which it is
located.
(6) Electronic Message Display Signs. The following

standards and specifications shall apply to Electronic Message
Display Signs:
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(i) PennDOT Regulations. 36 P.S. Section 2718.101 et

seq., 67 Pa. Code, Chapter 445 and PennDOT Strike-off letter
430-02.16, dated April 24, 2002.
(ii) Operational Limitations. Such displays shall

contain static messages only, and shall not have movement, or
the appearance or optical illusion of movement, of any part of
the sign structure, design, or pictorial segment of the sign,
including the movement or appearance of movement of any
illumination or the flashing or varying of light intensity.
(iii) Minimum Display Time. Each message on the sign

must be displayed for a minimum of five (5) seconds.
(iv) Message Change Sequence. A maximum of three-

tenths of one second (0.3 seconds) of time with no message
displayed shall be provided between each message displayed on
the sign and there shall be no scrolling, traveling, frame
effects, flashing, fading or dissolving of the image as herein
defined.

April 26, 1999, Sections 25-30; as further amended by Ordinance 176, December 11,
2000, Section 1; as further amended by Ordinance 225, May 16, 2006, Section 1; as
further amended by Ordinance 237, June 5, 2007, Section 1; as further amended by
Ordinance 283, March 19, 2014, Sections 16, 17, 18, 19 and 20; as further amended
by Ordinance 294, June 15, 2016, Sections 5,6,7,8,9,10 and 11)
Section 928. Hazardous Areas.
(a) Purpose and Application.
(1) The Township Planning Commission and/or the Board of

Supervisors may identify areas of the Township such as, but not
limited to: mine holes; quarries; sinkholes; waterways; areas of
naturally occurring physical features; areas of naturally occurring
minerals or chemicals; areas containing hazardous, contaminated or
toxic waste; waste disposal areas; and/or waste storage areas which
are considered hazardous or contaminated. These areas could endanger
the public health, safety or welfare by presenting potential hazards
to life, health or property if development occurs in the vicinity of
such hazardous areas.
(2) The hazardous areas shall continue to be considered as

such until, after recommendation by the appropriate State, Federal,
or County agency, the Township Supervisors determine that the
hazards have been eliminated or adequate safeguards against such
hazards have been provided.
(b) Standards.
(1) No occupied building or well shall be located within

five hundred feet (500') of an identified hazardous area, except as
noted in Subsection (2) below.
(2) An occupied building or well may be located within five

hundred feet (500') of an identified hazardous area provided that a
sufficient number of excavations, borings and/or groundwater tests
have been conducted within the area. The test results shall
conclusively determine that the soil, geology and/or groundwater
conditions are not considered hazardous to the occupant(s). The
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accuracy of all test results and/or conclusions shall be certified

by a qualified professional. All wells located within five hundred
feet (500') of the hazardous area shall be re-tested every two (2)
years by a certified laboratory to determine if the water is
potable. All costs incurred for the sampling and laboratory analysis
shall be incurred by the property owner.
Section 929. Public Utility Standards. The restrictions of this Chapter

shall not apply to any existing or proposed building or extension thereof used by
any public utility corporation if, upon petition of the corporation, the Public
Utility Commission shall, after a public hearing, decide that the present or
proposed situation of the building in question is reasonably necessary for the
convenience or welfare of the public.
Section 930. Commercial Campground Standards. Commercial campgrounds are

permitted by special exception in the RC (Rural Conservation) and LDR (Low
Density Residential) zoning districts, and by conditional use in the HC (Highway
Commercial) zoning district. The applicant shall be subject to the following
conditions:
(a) The minimum area for such uses shall be twenty five (25)
acres.
(b) The application for special exception use shall be accompanied

by three (3) copies of a detailed development plan for the site. One (1)
copy shall be retained for use by the Zoning Hearing Board and a copy
shall be forwarded by the Zoning Hearing Board to the Planning Commission
and to the Township Engineer for review and comment prior to the hearing
on the special exception use.
(c) Permanent structures in the area shall be limited to one (1)

residence and one (1) retail store with sales limited to items for the
convenience of campers, and accessory structures including an office,
maintenance buildings and storage areas. All such structures shall be
located no less than two hundred feet (200') from any property line and
the nearest public road right-of-way line.
(d) Fifty feet (50') wide buffer yard shall be provided adjacent
to all property lines and public road right-of-way lines. The buffer yard
shall contain a “high intensity buffer screen” as defined in Chapter
XXVII, entitled “Subdivision and Land Development”, of the Township of
Amity Code of Ordinances and shall contain suitable plantings of
vegetation which create an effective screen. In addition, the buffer yard
shall meet all pertinent standards specified under Subsection 517,
entitled “Landscaping Regulations,” of Chapter XXVII, entitled
Ordinances.
(e) No campsite shall be located closer than one hundred feet

(100') from any adjoining property line or public road right-of-way line.
(f) No less than ten percent (10%) of the gross site area shall be
devoted to recreational facilities including children's play areas and
adult recreation areas.
(g) Campsites for both tents and recreational vehicles shall be

limited to ten (10) sites per acre.
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(h) The minimum area of a campsite shall be two thousand five

hundred (2,500) square feet and shall be so dimensioned, improved and
arranged that when occupied no part of any unit including accessory
attachments shall be within ten feet (10') of any designated campsite lot
line.
(i) Roads and accessways shall be provided in such a manner so

that ingress and egress for each campsite lot can be had without
encroaching or entering upon any other campsite lot.
(j) Each campsite shall be occupied by only (1) one unit, be it

tent, trailer or camper.
(k) No permanent structures shall be permitted on any campsite lot

other than fireplaces.
(l) Occupancy at a campsite shall only be permitted between the

months of February through November. All camping units unoccupied for a
period of seventy-two (72) hours shall not be permitted to remain on the
campsite. Occupancy at a campsite shall not be permitted in the months of
December and January.
(m) Recreational vehicles may be stored on the grounds in a

designated storage area, screened by a “high intensity buffer screen” from
view of abutting properties and public roads in accordance with Section
517, entitled “Landscaping Regulations”, of Chapter XXVII, entitled
“Subdivision and Land Development”, of the Township of Amity Code of
Ordinances. The buffer yard shall meet all pertinent standards specified
under Subsection 517, generally, and Subsection (g)(3)(viii),
specifically, of Chapter XXVII, entitled “Subdivision and Land
(n) No part of any campground area shall be used for non-

residential purposes, except those purposes required for serving the well-
being of the campground customers and for the management and maintenance
of the campground.
(o) The development plans, proposed and submitted in accordance

with the Township Subdivision and Land Development Ordinance (see Chapter
XXVII of the Township Code of Ordinances), shall indicate campsites,
parking, roads, utilities, sewage disposal facilities, recreation areas,
permanent buildings and any other significant features thereof.
(p) A fire prevention and protection plan approved by the local

fire chief having jurisdiction thereover shall be submitted with the
development plans.

December 19, 2006, Sections 18 & 19)
Section 931. Multi-Family Developments. Multi-family developments

containing townhouses and apartments are permitted by right in the Rural Village
– Amityville Zoning District. Multi-family developments containing townhouses and
apartments are permitted by special exception in the MDR (Medium Density
Residential) Zoning District. When permitted by right or special exception, the
following conditions shall also apply:
(a) The minimum amount of land in the development shall be ten

(10) acres.
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(b) The development shall be served by public or community sewage

disposal and water supply facilities.
(c) The overall density of the development shall not exceed three
(3) dwelling units per acre.
(d) The maximum building height shall be thirty-five feet (35').
(e) A minimum of thirty percent (30%) of the gross area of the

development shall be set aside as common open space. No more than fifty
percent (50%) of the common open space shall be located on lands within
the Environmental Protection Overlay District (Part 5). The common open
space shall be planned as a contiguous area located and designed for the
maximum benefit of all residents within the development. The common open
space areas shall be suitable for the designated purpose and contain no
structure or parking facility except as related to and incidental to open
space uses. Common open space areas may be reserved for private use or
dedicated to the Township if acceptable to the Township. For land which is
not dedicated to the Township, written agreements satisfactory to and
approved by the Board of Supervisors shall be made for the perpetual
preservation and maintenance of the undedicated common open space areas.
(f) A system for pedestrian circulation throughout the development

shall be provided.
(g) The maximum length of an apartment building shall be one

hundred fifty feet (150').
(h) The number of townhouses, or other units in combination with

townhouses, shall not exceed eight (8) contiguous residential dwelling
units.
(i) No apartment building or townhouse shall be located within

fifty feet (50') of a property line of the development.
(j) The horizontal distance between groups of multi-family

structures shall be a minimum of sixty feet (60') between the closest
structural points.
(k) No townhouse shall be located within thirty feet (30') of any

street right-of-way line.
(l) The minimum width of a townhouse shall be twenty feet (20').
(m) No apartment building shall be located within fifty feet (50')

of any street right-of-way line.
(n) No more than twenty percent (20%) of the total area of the
development shall be covered by buildings.
(o) No more than thirty percent (30%) of the total area of the
development shall be covered by impervious surfaces.
(p) Exterior storage areas for trash and rubbish shall be

completely screened from view on three (3) sides and all trash and rubbish
shall be contained in vermin-proof containers.
(q) Common parking areas shall not be designed or located to

require cars to back into streets in order to leave the parking areas. All
dead-end parking lots shall provide adequate areas in which emergency and
commercial vehicles can safely maneuver.
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(r) Common parking areas and access drives shall be located a

minimum of twenty feet (20') from all structures and from the exterior lot
lines of the development. Common parking areas shall be a minimum of
fifteen feet (15') from all street rights-of-way.
(s) Entrance and exit ways to parking areas shall have a minimum
width of twelve feet (12') for each lane of traffic entering or leaving
the areas.
(t) Parking areas shall be designed to prevent through traffic to

other parking areas. No more than sixty (60) parking spaces shall be
accommodated in any one (1) parking area. All common parking areas shall
be sufficiently screened and landscaped in accordance with the standards
specified under Subsection 517, entitled “Landscaping Regulations”, of
Chapter XXVII, entitled “Subdivision and Land Development”, of the
(u) Entrances to and exits from common parking areas shall be
located a minimum of one hundred feet (100') from the point of
intersection of the nearest street curb lines.

2006, Section 20; as further amended by Ordinance 283, March 19, 2014, Section
21)
Section 932. Single-Family Semi-Detached Developments. Single-family

semi-detached developments are permitted by right in the Rural Village –
Amityville Zoning District. Single-family semi-detached developments are
permitted as a conditional use in the MDR (Medium Density Residential) Zoning
District and by a special exception in the MHP (Mobile Home Park) Zoning
District. If permitted the following conditions shall also apply:
(a) Single-family semi-detached developments shall comply with the

minimum and maximum dimensional requirements specified below. All minimum
and maximum dimensional requirements shall be imposed on each individual
dwelling unit.
On-Lot Public Public

Sewage Sewage Sewage
Minimum & Water or Water & Water
Regulations Facilities Facilities Facilities
Lot Area*(Net) 2 acres 30,000 sq. ft. 6,000 sq. ft.

Lot Width* 150 feet 100 feet 50 feet
Rear Yard* 30 feet 30 feet 20 feet
Side Yard* 30 feet 20 feet 20 feet
Buffer Yard*(depth) 10 feet 10 feet 10 feet
Maximum
Regulations
Building Height* 35 feet 35 feet 35 feet

Lot Coverage* 20 percent 30 percent 40 percent
*Per Dwelling Unit
(b) In addition to these standards and specifications, all

proposed developments containing single-family semi-detached dwellings
shall be designed and constructed in accordance with all pertinent
Township ordinances.
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2006, Section 21; as further amended by Ordinance 281, December 5, 2012, Section
7; as further amended by Ordinance 283, March 19, 2014, Section 22)
Section 933. Two-Family Detached Dwelling Developments. Two (2)-family

detached developments are permitted by special exception in the MDR (Medium
Density Residential) and MHP (Mobile Home Park) zoning districts. If a special
exception is granted the following conditions shall also apply:
(a) Two (2)-family detached developments shall comply with the

minimum and maximum dimensional requirements specified below.
On-Lot Public Public

Sewage Sewage Sewage
Minimum & Water or Water & Water
Regulations Facilities Facilities Facilities
Lot Area (Net) 2 acres 60,000 sq. ft. 20,000 sq. ft.
Side Yard
Buffer Yard (depth) 10 feet 10 feet 10 feet
Maximum
Regulations

(b) In addition to these standards and specifications, all

proposed two (2)-family detached developments shall be designed and
constructed in accordance with all pertinent Township ordinances.

December 19, 2006, Section 22; as further amended by Ordinance 281, December 5,
2012, Section 8)
Section 934. Tourist, Bed and Breakfast, Rooming or Boarding Houses.

Tourist, bed and breakfast, rooming or boarding houses are permitted by right in
the RV (Rural Village-Amityville) Zoning District. Tourist, bed and breakfast,
rooming or boarding houses are permitted by special exception in the RC (Rural
Conservation), LDR (Low Density Residential) and MDR (Medium Density Residential)
Zoning Districts. When permitted by right or special exception, the following
conditions shall also apply:
(a) A tourist, bed and breakfast, rooming or boarding house shall

be permitted only in a single-family detached, owner-occupied dwelling
unit. The principal use shall remain that of a single-family detached
residential dwelling unit.
(b) A tourist, bed and breakfast, rooming or boarding house shall

not have more than five (5) rental units and shall not house more than ten
(10) guests.
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(c) Each house shall contain complete washing and bathing

facilities and a central kitchen with complete cooking facilities. No
cooking facilities of any kind shall be permitted in any rental unit.
(d) A minimum of one (1) off-street parking space shall be

required for each occupant and guest of the house.
(e) The applicant shall provide documentation to the Board of

Supervisors that all plumbing, heating, electrical, sanitary sewer, storm
sewer and similar facilities comply with all applicable ordinances,
regulations and laws of the Township and/or the Commonwealth of
Pennsylvania.

March 19, 2014, Section 23)
Section 935. Junkyard Standards. Junkyards are permitted by special

exception in the LI/O (Light Industrial/Office) zoning district. If a special
exception is granted by the Zoning Hearing Board, the following conditions shall
apply:
(a) All junk yards shall be enclosed with a fence a minimum of six
feet (6') in height with gates. Gates shall be securely locked except
during business hours when an adult attendant is on the premises.
(b) A fifty feet (50') wide area with two (2) “high intensity
buffer screens,” in accordance with Subsection (g)(3)(viii) of Section
517, entitled “Landscaping Regulations,” of Chapter XXVII, entitled
Ordinances, shall completely surround all areas used for the storage of
junk material. The buffer screen shall sufficiently screen all stored junk
material and fencing from the view of adjacent property owners and from
the road. No materials of any nature shall be stored within this buffer
yard. In addition, the buffer yard shall meet all pertinent standards
specified under Section 517, entitled “Landscaping Regulations,” of
Chapter XXVII, entitled “Subdivision and Land Development,” of the
(c) All junk shall be stored and arranged so as to permit access

by fire fighting equipment and to prevent accumulation of stagnant water.
No materials of any nature shall be piled to a height of more than six
feet (6') from the ground.
(d) All liquids and/or fluids shall be drained from any junk or
scrapped automobiles. Liquids and/or fluids in an amount not exceeding
ten (10) gallons may be stored above ground in approved containers.
Gasoline which is kept on the premises shall not exceed one thousand
(1,000) gallons, and shall be stored above ground in a manner approved by
the Pennsylvania Department of Environmental Protection (PA DEP),
Underwriter Laboratories and/or the State Fire Marshall. No garbage or
organic waste shall be permitted to be stored on any junk yard.

Section 936. Solid Waste Disposal Facilities. Solid waste disposal

facilities, including landfills and resource recovery facilities, are permitted
by special exception in the LI/O (Light Industrial/Office) zoning district. If a
special exception is granted, then the applicant is subject to all conditions,
standards and controls listed under Subsection 936(a) (Solid Waste Landfills and
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Low Level Radioactive Waste Facilities) and under Subsection 936(b) (Resource
Recovery Facilities).
(a) Solid Waste Landfills and Low Level Radioactive Waste

Facilities. For the purposes of this Chapter, the following terms shall
be defined as follows:
Solid Waste Landfill. A site in which engineering principles

are utilized to bury deposits of solid waste without creating public
health or safety hazards, nuisances, pollution or environmental
degradation.
Low Level Radioactive Waste Facility. A site in which

engineering principles are utilized for the disposal of low level
radioactive waste as defined by the United States Environmental
Protection Agency and by the PA Department of Environmental
Protection.
If a special exception to permit a solid waste landfill and/or a low

level radioactive waste facility, the applicant shall be subject to all
conditions, standards and controls listed below:
(1) The solid waste landfill and/or low level radioactive

waste facility shall be owned and operated solely by the Township or
a municipal authority by and on behalf of the Township.
(2) The minimum lot area shall be fifty (50) acres.
(3) The construction and operation of a solid waste landfill

and/or low level radioactive waste facility shall not be permitted
unless a permit for such solid waste landfill and/or low level
radioactive waste facility has been issued by the Pennsylvania
Department of Environmental Protection and the solid waste landfill
and/or low level radioactive waste facility is constructed and
operated in full compliance with the statutes of the Commonwealth of
Pennsylvania and the rules and regulations of the Pennsylvania
Department of Environmental Protection. Operation of any solid waste
landfill and/or low level radioactive waste facility shall at all
times be in full compliance with the statutes of the Commonwealth of
Pennsylvania, the rules and regulations of the Department of
Environmental Protection, the regulations of the Department of
Environmental Protection and the provisions of this Chapter. In the
event that any of the provisions of this Chapter are less
restrictive than any present or future rules or regulations of the
Department, the more restrictive Department rules and regulations
shall supersede and control in the operation of such solid waste
landfill and/or low level radioactive waste facility.
(4) A solid waste landfill and/or low level radioactive

waste facility operation shall be under the direction at all times
of a responsible individual who is qualified by experience or
training to operate a solid waste landfill and/or low level
radioactive waste facility.
(5) Burning of solid waste is prohibited at a solid waste

landfill and/or low level radioactive waste facility. Suitable
measures shall be taken to prevent fires by means and devices
mutually agreeable to the Department of Environmental Protection and
the Township.
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(6) Gaseous and particulate emission from the solid waste

landfill and/or low level radioactive waste facility site shall
conform to the prevailing federal, state and local air pollution
control codes and regulations.
(7) Direct access shall be taken from an arterial or

collector highway. No more than one (1) access road shall be
constructed to the entrance of the solid waste landfill and/or low
level radioactive waste facility. The access road shall be an all-
weather paved surface road negotiable by and capable of supporting
loaded solid waste collection vehicles. All existing public roads
shall be kept mud free.
(8) A tire cleaning area shall be provided on-site. All

tires of all trucks leaving the solid waste landfill and/or low
level radioactive waste facility shall be cleaned. Runoff from the
tire cleaning area shall be controlled and disposed of in accordance
with all pertinent federal, state and/or Township standards.
(9) An equipment cleaning area shall be provided on-site.

All equipment used to grade and compact waste at the solid waste
landfill and/or low level radioactive waste facility shall be
cleaned daily. Runoff from the equipment cleaning area shall be
controlled and disposed of in accordance with all pertinent federal,
state and/or Township standards.
(10) Access to the site shall be limited to those posted

times when an attendant is on duty. Unloading of waste shall be
continuously supervised. In order to protect against indiscriminate
and unauthorized dumping, every solid waste landfill and/or low
level radioactive waste facility shall be protected by locked
barricades, fences, gates or other positive means designed to deny
access to the area at unauthorized times or locations. Such
barricade, fence or gate shall be at least six feet (6') high and
shall be kept in good repair and neatly painted in a uniform color.
(11) No site activity shall be permitted on Sundays or legal

holidays. Dumping shall be permitted only between the hours of 7:30
a.m. and 5:30 p.m. No vehicles shall be staged or parked at any
entrance and/or access road of the solid waste landfill and/or low
level radioactive waste facility prior to 6:30 a.m. Overnight
parking shall be prohibited.
(12) Measures shall be provided to control dust and debris.

The entire area shall be kept clean and orderly. The perimeter of
the solid waste landfill and/or low level radioactive waste facility
shall be inspected for debris on a daily basis.
(13) Hazardous, contaminated and/or toxic materials,

including but not limited to highly flammable materials, explosives,
pathological wastes and radio-active materials, shall not be
disposed of in a solid waste landfill and/or low level radioactive
waste facility.
(14) The disposal of sewage liquids and solids and other

liquids shall be specifically prohibited in a solid waste landfill
and/or low level radioactive waste facility.
(15) Salvaging of materials as permitted by law shall be

conducted by the operator only and shall be organized so that it
will not interfere with prompt sanitary disposal of waste or create
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unsightly conditions or health hazards. The storage of salvage

shall be controlled in a manner that will not permit the
inhabitation or reproduction of deleterious vectors.
(16) The entire site, including the fill surface, shall be

graded and provided with drainage facilities to minimize runoff onto
and into the fill, to prevent erosion or washing of the fill, to
drain off rainwater falling onto the fill, and to prevent the
collection of standing water. The operator shall comply with the
requirements of Chapter 75 and Chapter 102 of Title 25, Pennsylvania
Code, and applicable Township ordinances so that there is no adverse
off-site impact from the drainage of surface water. Cracks in,
depressions in, and/or erosion of cover shall be repaired daily.
(17) Operation of any solid waste landfill and/or low level

radioactive waste facility shall at all times be in full compliance
with the Pennsylvania Clean Streams Law, Act 157 of 1980, as
amended.
(18) An operation permit shall be obtained on an annual basis

on or before June 1st.
(19) A final inspection of the entire site shall be made by

the Department of Environmental Protection and the Township and
their authorized representative to determine compliance with
approved plans and specifications before the earthmoving equipment
is removed from the site. Any necessary corrective work shall be
performed before the solid waste landfill and/or low level
radioactive waste facility project is accepted as completed.
Arrangements shall be made for the repair of all cracked, eroded and
uneven areas in the final cover during the first two (2) years
following completion of the solid waste landfill and/or low level
radioactive waste facility. A bond shall be posted to ensure that
all corrective work is completed.
(20) The initial application for a solid waste landfill

and/or low level radioactive waste facility shall be accompanied by
impact statements. A plan for the reuse of the land shall be
submitted, in writing, to the Board of Supervisors at the time of
securing a permit for a solid waste landfill and/or low level
radioactive waste facility operated by the municipal authority. The
plan shall be in compliance with the prevailing zoning at the time
of application.
(21) Maximum active dumping area shall be three (3) acres.

Continued operation of the solid waste landfill and/or low level
radioactive waste facility shall be subject to compliance with all
state and Township regulations pertaining to solid waste landfill
and/or low level radioactive waste facility.
(22) No operation, activity use, or occupation of any type

shall be carried on within one hundred feet (100') of any property
line of the solid waste landfill and/or low level radioactive waste
facility or within one hundred feet (100') of any street right-of-
way. In addition, a solid waste landfill and/or low level
radioactive waste facility shall not be located within three hundred
feet (300') of any residential zoning district or occupied
residential dwelling unit.
(23) The storage of fuel to be used on the solid waste

landfill and/or low level radioactive waste facility site shall be
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in accordance with all applicable federal, state and Township

regulations.
(24) A chain link fence with a minimum height of fifteen feet

(15') shall be erected along all boundary lines of the area which is
approved for operational use as a solid waste landfill and/or low
level radioactive waste facility by the Pennsylvania Department of
Environmental Protection. The fence shall not contain openings
greater than four (4) square inches and shall contain, at all
entrances, gates which are locked except during operating hours.
(25) A one hundred fifty feet (150') wide area with “high
intensity buffer screens”, in accordance with Subsection
(g)(3)(viii) of Section 517, entitled “Landscaping Regulations”, of
Township of Amity Code of Ordinances, shall completely surround all
areas approved for operational use as a solid waste landfill and/or
low level radioactive waste facility by the Pennsylvania Department
of Environmental Protection. The buffer yard shall consist of a
dense evergreen screen, and is to be located and maintained along
all boundary lines of the solid waste landfill and/or low level
radioactive waste facility, except at the entrances. The selected
evergreens (Section 517, entitled “Landscaping Regulations”, of
Township of Amity Code of Ordinances) shall have a minimum height of
twelve feet (12') and shall be staggered on twelve feet (12')
centers in multiple rows throughout the buffer yard. No materials
of any nature shall be stored within this buffer yard. In addition,
the buffer yard shall meet all pertinent standards specified under
Amity Code of Ordinances. A landscaping plan shall be submitted to
the governing body for review and approval.
(26) The solid waste landfill and/or low level radioactive

waste facility shall contain an on-site scale, and all solid waste
material delivered to the site shall be weighed and recorded
pursuant to the Pennsylvania Solid Waste Management Act, as amended.
All weigh receipts shall be submitted to the Township on a quarterly
basis.
(b) Resource Recovery Facilities. For the purposes of this

Chapter, the following terms shall be defined as follows:
Resource Recovery Facility. A facility or land that is used

for any one (1) or a combination of the following or similar uses:
composting, incineration, material separation, recycling or trash
transfer. A resource recovery facility shall be owned and operated
by the Township or a municipal authority by and on behalf of the
Township.
Composting Facility. A facility for the composting of the

organic matter in municipal solid waste.
Incinerator. A facility designed to reduce municipal solid

waste by combustion. This use may or may not include heat exchange
equipment for energy recovery.
Refuse Derived Fuel (RDF) Facility. The extraction of

materials from municipal solid waste for recycling or for use as
refuse derived fuel (RDF).
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Municipal Solid Waste. The unseparated and/or unprocessed

combination of residential and commercial solid waste materials
generated in a municipality.
Recycling Facility. A business that accumulates material such

as paper, glass, aluminum and/or plastic that is no longer useful
for its intended purpose. The materials are then sold to another
business as a raw material which can be used to manufacture a new
product.
Transfer Station. A facility where municipal solid waste is

delivered for the purpose of transferring the material into another
container or vehicles for transport to a final disposal site or
processing facility. (A transfer station may include the separation
and collection of material for the purpose of recycling).
If a special exception is granted, then the applicant is subject to

all conditions, standards and controls listed below:
(1) The resource recovery facility shall be owned and

operated solely by the Township or a municipal authority by and on
behalf of the Township.
(2) The minimum lot size shall be ten (10) acres.
(3) Parking areas shall be a minimum of one hundred feet

(100') from any property line.
(4) Operation of a resource recovery facility shall at all

times be in full compliance with the statutes of the Commonwealth of
Pennsylvania, the rules and regulations of the Department of
Environmental Protection (PA DEP) and the provisions of this
Chapter. In the event that any of the provisions of this Chapter are
less restrictive than any present or future rules or regulations of
PA DEP, the more restrictive PA DEP regulations shall supersede and
control.
(5) Gaseous and particulate emission from the resource

recovery facility site shall conform to the prevailing federal,
state and local air pollution control codes and regulations.
(6) Direct access shall be taken from an arterial or

collector highway. No more than one (1) access road shall be
constructed to the entrance of the resource recovery facility. The
access road shall be an all-weather paved surface road negotiable by
and capable of supporting loaded solid waste collection vehicles.
All existing public roads shall be kept mud free.
(7) A tire cleaning area shall be provided on-site. All

tires of all trucks leaving the resource recovery facility shall be
cleaned. Runoff from the tire cleaning area shall be controlled and
disposed of in accordance with all pertinent federal, state and/or
Township standards.
(8) An equipment cleaning area shall be provided on-site.

All equipment used to grade and compact solid waste at the resource
recovery facility shall be cleaned daily. Runoff from the equipment
cleaning area shall be controlled and disposed of in accordance with
all pertinent federal, state and/or Township standards.
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(9) Access to the site shall be limited to those posted

times when an attendant is on duty. Unloading of waste shall be
continuously supervised. In order to protect against indiscriminate
and unauthorized dumping, every resource recovery facility shall be
protected by locked barricades, fences, gates or other positive
means designed to deny access to the area at unauthorized times or
locations. Such barricade, fence or gate shall be at least six feet
(6') high and shall be kept in good repair and neatly painted in a
uniform color.
(10) No site activity shall be permitted on Sundays or legal

holidays. Dumping shall be permitted only between the hours of 7:30
a.m. and 5:30 p.m. No vehicles shall be staged or parked at any
entrance and/or access road of the resource recovery facility prior
to 6:30 a.m. Overnight parking shall be prohibited.
(11) Measures shall be provided to control dust and debris.

The entire area shall be kept clean and orderly. The perimeter of
the resource recovery facility shall be inspected for debris on a
daily basis.
(12) Hazardous, contaminated and/or toxic materials,

including but not limited to highly flammable materials, explosives,
pathological wastes and radio-active materials, shall not be
disposed of at the resource recovery facility.
(13) The disposal of sewage liquids and solids and other

liquids shall be specifically prohibited at the resource recovery
facility.
(14) All parts of the process-unloading, handling and storage

of municipal solid waste shall occur within a building. However,
certain separated recyclable materials such as glass, aluminum and
other metals may be stored outdoors. The storage of paper shall be
within a building. Any materials stored outdoors shall be properly
screened so as not to be visible from any adjacent streets or
property. No material shall be placed or deposited to a height
greater than the height of the fence or wall herein prescribed.
(15) No municipal solid waste shall be stored at a resource

recovery facility for more than seventy-two (72) hours.
(16) A contingency plan for disposal of municipal solid waste

during a plant shutdown must be submitted to the Township and
approved by the Board of Supervisors.
(17) Waste from the resource recovery facility process (such

as, but not limited to, ash from an incinerator) shall be stored in
such a manner as to prevent it from being carried from the site by
wind or water. This process waste shall be located at least two
hundred feet (200') from any property line and stored in leak proof
containers. Such process waste shall be disposed of in a sanitary
resource recovery facility approved by PA DEP or in another manner
approved by PA DEP.
(18) Solid waste landfill operations and open burning of any

materials are not permitted under this use.
(19) No use shall emit noise in such quantity as to be

audible beyond its lot lines. In addition, the nuisance standards
(Section 908) of this Chapter shall be met.
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(20) An operational permit shall be renewed on an annual

basis on or before June 1st.
(21) No operation, activity, use or occupation of any type

shall be carried on within two hundred feet (200') of any property
line of the resource recovery facility or within two hundred feet
(200') of any street right-of-way. In addition, a resource recovery
facility shall not be located within three hundred feet (300') of
any residential zoning district or occupied residential dwelling
unit.
(22) A resource recovery facility shall be under the

direction at all times of a responsible individual who is qualified
by experience or training to operate such a facility.
(23) The storage of fuel to be used at the resource recovery

facility site shall be in accordance with all applicable federal,
state and Township regulations.
(24) A chain link fence with a minimum height of fifteen feet

(15') shall be erected along all boundary lines of the area which is
approved for operational use as a resource recovery facility by the
Pennsylvania Department of Environmental Protection. The fence
shall not contain openings greater than four (4) square inches and
shall contain, at all entrances, gates which are locked except
during operating hours.
(25) A one hundred fifty feet (150') wide area with two (2)
“high intensity buffer screens”, in accordance with Subsection
(g)(3)(viii) of Section 517, entitled “Landscaping Regulations”, of
Township of Amity Code of Ordinances, shall completely surround all
areas approved for operational use as a resource recovery facility
by the Pennsylvania Department of Environmental Protection. The
buffer yard shall consist of a dense evergreen screen, and is to be
located and maintained along all boundary lines of the resource
recovery facility, except at the entrances. The selected evergreens
(Section 517, entitled “Landscaping Regulations”, of Chapter XXVII,
Amity Code of Ordinances) shall have a minimum height of twelve feet
(12') and shall be staggered on twelve feet (12') centers in
multiple rows throughout the buffer yard. No materials of any nature
shall be stored within this buffer yard. In addition, the buffer
yard shall meet all pertinent standards specified under Section 517,
entitled “Landscaping Regulations”, of Chapter XXVII, entitled
“Subdivision and Land Development”, of the Township of Amity Code of
Ordinances. A landscaping plan shall be submitted to the governing
body for review and approval.
(26) The resource recovery facility shall contain an on-site

scale, and all solid waste material delivered to the site shall be
weighed and recorded pursuant to the Pennsylvania Solid Waste
Management Act, as amended. All weigh receipts shall be submitted
to the Township on a quarterly basis.

April 26, 1999, Sections 33-35; as further amended by Ordinance 229, December 19,
2006, Sections 24-25)
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Section 937. Adult Business Uses. Adult business uses are permitted as a
conditional use in the HC (Highway Commercial) zoning district. If a conditional
use is granted by the Board of Supervisors, then the applicant is subject to all
conditions and standards specified below:
(a) No adult business use shall be located within one thousand

feet (1,000') of any other existing adult business use, as measured from
the property lines on which the adult business use is proposed to be
located.
(b) No adult business use shall be located within two hundred feet
(200') (measured from the property line) of any residential zoning
district.
(c) No adult business use shall be located within five hundred

feet (500') (measured from the property line) of any churches,
monasteries, chapels, convents, rectories, public playgrounds, public
parks, public swimming pools or public libraries.
(d) No adult business use shall be located within one thousand

feet (1,000') (measured from the property line) of any schools up to or
including the twelfth (12th) grade or equivalent, and their adjacent
recreation areas.
(e) All storage and displays shall be located within the building.
(f) All business transactions that are conducted on the premises

shall be within an enclosed building. All adult business uses shall
operate between the hours of 9:00 a.m. and 9:00 p.m.
(g) All applications for adult business uses shall be accompanied

by a site plan. The minimum information required on the site plan shall
include:
(1) The adult business use intended.
(2) The location and elevation of all buildings, structures,

walls, fences and landscaping on the site.
(3) Off-street parking areas and traffic circulation

patterns.
(4) The location, dimensions and content of all signs,

displays and advertising.
(h) Applications for adult business uses shall include a statement

providing specific information on each individual, partner, store
manager(s), corporate officer, corporate director or corporate
stockholders owning more than three percent (3%) of the issued and
outstanding stock of a corporate applicant, comprising the applicant, to
include the following:
(1) Complete name;
(2) Residential address;
(3) Telephone number.
(i) In the event of the proposed sale, resale or reassignment of

interest of an adult business use established under the terms of this
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Chapter, the Board of Supervisors shall be notified of such proposed

change of ownership. Such notification shall include the documentation
required in Subsection (h) of this Section. Failure to notify the Board
of Supervisors shall constitute grounds for the termination or revocation
of the conditional use permit.
(j) In addition to other applicable regulations of the Township

and state laws, the following shall apply to all adult business use signs
and other visible messages:
(1) Sign messages shall be limited to written descriptions

of material or services available on the premises.
(2) Sign messages shall not include any graphic or pictorial

depiction of material related to specific sexual activities or
anatomical areas.
(3) Advertisements, displays or other promotional materials

related to specific sexual activities or anatomical area shall not
be shown or exhibited so as to be visible to the public from the
exterior of the building.
(4) Adult business uses shall be limited to two (2) square

feet in sign area, with lettering on said signs not exceeding four
inches (4") in height.
(5) The entrance of the adult business should include a sign

warning all individuals that the premises is classified as an adult
business.
Section 938. Shopping Centers. Shopping centers are permitted by right in

the SCC (Shopping Center Commercial) zoning district and shall be subject to all
(a) Shopping centers shall consist of harmonious land uses,

structures and services.
(b) Shopping centers shall be in single ownership or under a

guaranteed unified management control. The shopping center must have at
least one (1) on-site manager or a designated individual whose office and
residence is located within a reasonable distance of the Township as
determined appropriate by the Board of Supervisors. The owner shall
provide the Township with a complete list of on-site managers or
designated individuals on an annual basis. The list shall include the
name, address and telephone number of each on-site manager or each
designated individual.
(c) Permitted uses shall include retail business establishments;

personal business establishments; business, professional or banking
offices; restaurants, cafes or similar use; and accessory uses associated
with shopping centers.
(d) All means of ingress and/or egress shall be located at least

two hundred feet (200') from any other intersecting street and shall be
designed to accommodate traffic in a safe and efficient manner. The
developer shall be responsible for the purchase and installation of any
traffic control devices and the construction of additional acceleration
and/or deceleration lanes as may be required by the Pennsylvania
Department of Transportation (PennDOT) or the Township. The developer will
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LAB AMITY CODE 13404-10 C32 7/6/16 #C51471-03
also be responsible for any pertinent traffic studies that may be required
by the Township, the County and/or PennDOT.
(e) Interior accessways shall be designed so as to prevent traffic

congestion at points of ingress and egress. Areas designated for the
loading or unloading of trucks and/or other commercial vehicles shall be
planned and arranged so they may be utilized without interfering with the
interior traffic circulation and parking facilities.
(f) Lighting for buildings, signs, accessways and parking areas

shall be arranged so they do not reflect towards any public street or
residential zoning districts.
(g) All lot lines shall be screened by a buffer screen in

accordance with Section 517, entitled “Landscaping Regulations,” of
Township of Amity Code of Ordinances with a minimum depth of twenty feet
(20'). The buffer yard shall be consistent with all standards specified
under Section 517, entitled “Landscaping Regulations”, of Chapter XXVII,
entitled “Subdivision and Land Development,” of the Township of Amity Code
of Ordinances.
(h) Exterior storage areas for trash and rubbish shall be properly
screened. All containers shall be air-tight, vermin proof and have
adequate storage capacity to accommodate the projected volumes of solid
waste. No such storage area will be permitted within thirty feet (30')
from any lot line.
(i) All signs shall be consistent with Section 927 of this

Chapter.
(j) All proposed shopping centers shall conform to the area, yard
and height regulations that are specified under Subsection 406(d) of this
Chapter.
(k) All proposed shopping centers, including all expansions,

additions and/or revisions, are subject to the policies and provisions
regarding land development specified in the Township Subdivision and Land
Ordinances).

Section 939. Professional Office/Research Park. Professional

office/research parks are permitted by right in the HC (Highway Commercial), LI/O
(Light Industrial/Office) and SCC (Shopping Center Commercial) zoning districts.
All proposed professional office/research parks shall be subject to all pertinent
(a) Office/research parks shall consist of harmonious land uses,

(b) Permitted uses shall include business, professional or

governmental offices; laboratory and research facilities; and accessory
uses associated with office/research parks.
(c) Retail business and service establishments are permitted

provided they are designed and intended primarily to serve the employees
within the office/research park. These uses shall not exceed five percent
(5%) of the gross floor area of the office/research park.
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Department of Transportation (Penn DOT) or the Township. The developer
will also be responsible for any pertinent traffic studies that may be
required by the Township, the County and/or PennDOT.



accordance with Section 517, entitled “Landscaping Regulations”, of
under Section 517, entitled “Landscaping Regulations”, of Chapter XXVII,
entitled “Subdivision and Land Development”, of the Township of Amity Code
of Ordinances.
from any lot line.

Chapter.
(j) All proposed office/research parks shall conform to the

individual area, yard and height regulations that are specified under
Subsection 407(e) of this Chapter.
(k) All proposed office/research parks, including all expansions,

Ordinances).

Section 940. Industrial Parks. Industrial parks are permitted by right in

the LI/O (Light Industrial/Office) zoning district and shall be subject to all
(a) Industrial parks shall consist of harmonious land uses,

(b) Permitted uses shall include manufacturing activities;

printing and publishing facilities; warehouse facilities; wholesale and
distribution facilities; business, professional or governmental offices;
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LAB AMITY CODE 13404-10 C32 7/6/16 #C51471-03
laboratory and research facilities; and accessory uses associated with

industrial parks.
(c) Retail business and service establishments are permitted

provided they are designed and intended primarily to serve the employees
within the industrial park. These uses shall not exceed five percent (5%)
of the gross floor area of the industrial park.

Department of Transportation (PennDOT) or the Township. The developer will
also be responsible for any pertinent traffic studies that may be required
by the Township, the County and/or PennDOT.



accordance with Section 517, entitled “Landscaping Regulations,” of
under Section 517, entitled “Landscaping Regulations,” of Chapter XXVII,
of Ordinances.
from any lot line.

Chapter.
(j) All proposed industrial parks shall conform to the individual

area, yard and height regulations that are specified under
Subsection 407(e) of this Chapter.
(k) All proposed industrial parks, including all expansions,

Ordinances).

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Section 941. Quarrying and Mining Operations. Quarrying and mining

operations are permitted by special exception in the LI/O (Light
Industrial/Office) zoning district. If a special exception is granted, then the
applicant is subject to all conditions and standards specified below:
(a) The minimum lot size shall be ten (10) acres.
(b) Quarrying and/or mining activities shall not be conducted

within two hundred feet (200') of any property line, within two hundred
feet (200') of any street right-of-way, within three hundred feet (300')
of any residential zoning district, and/or within three hundred feet
(300') of any occupied residential dwelling unit.
(c) Access to the site shall be limited to those posted times when
an attendant is on duty. In order to protect against indiscriminate and
unauthorized activities, the site shall be protected by locked barricades,
fences, gates or other positive means designed to deny access to the area
at unauthorized times or locations. Such barricade, fence or gate shall
be at least six feet (6') high and shall be kept in good repair.
(d) No site activity shall be permitted on Sundays or legal

holidays. All operations shall be permitted only between the hours of
7:30 a.m. and 5:30 p.m. No vehicles shall be staged or parked at any
entrance and/or access road of the site prior to 6:30 a.m. Overnight
parking shall be prohibited.
(e) Measures shall be provided to control dust and debris. The

entire area shall be kept clean and orderly. The perimeter of the site
shall be inspected for debris on a daily basis.
(f) Truck access shall be designed to minimize traffic hazards and

inconveniences. All interior roadways shall be maintained and constructed
by the operator. All trucks leaving the site shall not deposit
accumulating amounts of mining products, dirt, mud or other such
substances on public roads.
(g) A tire cleaning area shall be provided on-site. All tires of

all trucks leaving the site shall be cleaned. Runoff from the tire
cleaning area shall be controlled and disposed of in accordance with all
pertinent federal, state and/or Township standards.
(h) A chain link fence with a minimum height of fifteen feet (15')
shall be erected along all boundary lines of the area which is approved
for operational use as a quarry or mine. The fence shall not contain
openings greater than four (4) square inches and shall contain, at all
entrances, gates which are locked except during operating hours. Warning
signs shall be placed on the fence at intervals of no more than one
hundred feet (100').
(i) A one hundred fifty feet (150') wide area with two (2) “high
intensity buffer screens,” in accordance with Subsection (g)(3)(vii) of
Section 517, entitled “Landscaping Regulations,” of Chapter XXVII,
of Ordinances, shall completely surround all areas approved for
operational use as a quarry or mine. The buffer yard shall consist of a
dense evergreen screen, and is to be located and maintained along all
boundary lines of the site, except at the entrances. The selected
evergreens (Section 517, entitled “Landscaping Regulations,” of Chapter
XXVII, entitled “Subdivision and Land Development”, of the Township of
Amity Code of Ordinances) shall have a minimum height of twelve feet (12')
and shall be staggered on twelve feet (12') centers in multiple rows
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LAB AMITY CODE 13404-10 C32 7/6/16 #C51471-03
throughout the buffer yard. No materials of any nature shall be stored

within this buffer yard. In addition, the buffer yard shall meet all
pertinent standards specified under Section 517, entitled “Landscaping
Regulations,” of Chapter XXVII, entitled “Subdivision and Land
Development,” of the Township of Amity Code of Ordinances 517, entitled
“Landscaping Regulations,” of Chapter XXVII, entitled “Subdivision and
Land Development,” of the Township of Amity Code of Ordinances. A
landscaping plan shall be submitted to the governing body for review and
approval.
(j) All blasting operations shall conform with the regulations

enforced by the aforesaid agencies of the Commonwealth of Pennsylvania and
the federal government. Blasting shall be permitted between the hours of
1:00 p.m. and 5:00 p.m. and shall not be permitted on Sundays and legal
holidays. Notice of all blasting operations shall be given at least
twenty-four (24) hours prior to the commencement of blasting to the
Township and to the occupants of all properties within a radius of one (1)
mile of the location of blasting. In addition, notice shall be given to
all sensitive business ventures requesting such notice.
(k) The storage of explosives shall be in accordance with all

pertinent federal, state and local laws.
(l) Crushing and processing operations of the minerals, rock and

other products of the earth mined on the premises shall be permitted so
long as the physical or chemical properties of the same are not changed
and so long as such crushing or processing operations do not involve the
manufacture of cement or concrete, asphalt materials and products or any
other form of manufacturing or fabrication.
(m) No substances which can harm persons, animals, vegetation or

other form of property shall be dispersed beyond the property lines of the
quarrying or mining operation.
(n) Quarrying or mining activities shall not endanger ground water

levels and quality in the area, nor adversely affect ground water supplies
of nearby properties. Any surface mining operator who affects a public or
private water supply by contamination or diminution shall restore or
replace the affected supply with an alternate source of water adequate in
quantity and quality for the purposes served by the supply. When required
by the Township, a hydrologic study shall be submitted to the Township
which shall indicate the impact of the surface mining activity on the
ground water supplies and quality in the area of the operations.
(o) All requirements of Federal, State and municipal statutes,

ordinances and regulations pertaining to the operation of quarrying and
mining operations shall be complied with. A copy of all permits and
licenses shall be filed with the Township.
(p) All proposed quarrying and mining activities are subject to

the policies and provisions regarding land development specified in the
Township Subdivision and Land Development Ordinance (see Chapter XXVII of
the Township Code of Ordinances).

Section 942. (Reserved for Future Use).
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Section 943. Solar Energy Systems.
(1) The use of solar energy systems, including solar

collectors, storage facilities and distribution components, for
space heating and cooling and for hot water heating is a permitted
use in all zoning districts.
(2) All developments and/or structures shall be oriented to

the fullest extent possible to maximize the use of passive and/or
active solar applications as would be appropriate for the site.
(3) Solar energy collectors and equipment used for the

mounting or operation of such collectors are exempt from the height
limitations specified for the zoning district.
(4) Apparatus necessary for the operation of solar energy

systems, such as overhangs, moveable insulating walls and roofs, and
reflectors may project up to six feet (6') into required yard
setbacks provided that they are not located within six feet (6') of
any property line.
(5) Detached solar collectors used solely for such purposes

shall be considered permissible accessory structures in all zoning
districts.
(b) Solar Access.
(1) To obtain solar access protection, the owner of a solar

collector shall file a statement with the Zoning Officer that a
solar energy system has been installed. At such time the owner shall
also document that he has located his solar collector on his
property to obtain maximum protection from future lawful buildings
or structures located on adjoining properties. In addition, the
owner shall document the land and airspace which must remain open to
assure adequate solar access to his collector.
(2) The solar collector shall be used as part of the

functioning solar energy system.
(3) After the effective date of this Ordinance, no one shall

erect a building or other structure, and/or plant a tree, shrub or
other flora, so as to block a solar collector’s access to solar
energy between the hours of 9:00 a.m. and 3:00 p.m.
Section 944. Filling, Excavating and Grading.
(a) All activities which require the moving of earth or the

filling or excavating of an area shall submit a plan to the Township
showing site grading and erosion control measures.
(b) The existing grade of an area shall not be increased so that

unstable slopes are created.
(c) The surface area of any yard adjacent to a building or

structure shall be graded so that the surface water will be drained away
from such structure.
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(d) Topsoil shall not be stripped from any site within the
Township unless it is directly affiliated with the subdivision and/or
development of land. Unless permitted by the Board of Supervisors, topsoil
shall not be removed from any site within the Township.
(e) The on-site burial of trees, stumps or construction materials

is prohibited. Trees and stumps may be chipped and spread on the site.
Section 945. Regulations for Cellular Communications Antennae. In

recognition of the quasi-public nature of cellular communications systems, the
following regulations shall apply:
(a) Purpose.
(1) To accommodate the need for cellular communications

antennae while regulating their location and number in the Township.
(2) To minimize adverse visual effects of cellular

communications antennae and antenna support structures through
proper design, sighting and vegetative screening.
(3) To avoid potential damage to adjacent properties from

antenna support structure failure and falling ice, through
engineering and proper sighting of antenna support structures.
(4) To encourage the joint use of existing and any new

antenna support structures, to reduce the number of such structures
needed in the future.
(b) Use Regulations.
(1) A cell site with antenna that is attached to an existing

communications tower, smokestack, water tower or other tall
structure is permitted in all zoning districts. The height of the
antenna shall not exceed the height of the existing structure by
more than fifteen feet (15'). If the antenna is to be mounted on an
existing structure, a full Site Plan shall not be required.
(2) A cell site with antenna that is either not mounted on

an existing structure, or is more than fifteen feet (15') higher
than the structure on which it is mounted, is permitted by special
exception in all zoning districts.
(3) All other uses ancillary to the antenna and associated

equipment (including a business office, maintenance depot, vehicle
storage, etc.) are prohibited from the cell site, unless otherwise
permitted as an accessory structure in the zoning district in which
the cell site is located.
(4) Antenna may be mounted to an existing public utility

transmission tower as a use by right provided that the standards for
approval of all cellular communication antenna as set forth in
Subsection 945(d) herein are adhered to in all respects.
(c) Standards for Approval of Special Exception.
(1) The cellular communications company and/or applicant is

required to demonstrate, using technological evidence, that the
antenna must be located where it is proposed in order to satisfy its
function in the company's and/or applicant's grid system.
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(2) If the cellular communications company and/or applicant

proposes to build a tower (as opposed to mounting the antenna on an
existing structure), it is required to demonstrate that it contacted
the owners of the tall structures within a one-quarter (1/4) mile
radius from the proposed site, requested permission to install the
antenna on those structures, and was denied for reasons other than
economic reasons. Tall structures include, but are not limited to,
smokestacks, water towers, tall buildings, antenna support
structures of other cellular communications companies, other
communications towers (fire, police, etc.), and other tall
structures. The Zoning Officer may deny the applications to
construct a new tower if the applicant has not made a good faith
effort to mount the antenna on an existing structure.
(d) Standards For Approval of All Cellular Communication Antennae.
(1) Antenna Height. For a cell site with antennae that is

not mounted on an existing structure, the maximum height shall be
one hundred fifty feet (150') feet. The applicant shall demonstrate
that the antenna is the minimum height required to function
satisfactorily and shall reduce the height of the antenna or support
structure as technology permits. No antenna that is taller than the
minimum height shall be approved.
(2) Setbacks From Base of Antenna Support Structure. If a

new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the minimum distance between
the base of the support structure, or any guy wire anchors and any
property line shall be the largest of the following:
(i) One hundred percent (100%) of antenna height;
(ii) The minimum setback of the underlying Zoning

District; or
(iii) Forty feet (40').
(3) Antenna Support Structure Safety.
(i) The applicant shall demonstrate that the proposed

antenna and support structure are safe, and the surrounding
areas will not be affected negatively by support structure
failure, falling ice or other debris, electromagnetic fields
or radio frequency interference. The applicant shall submit a
copy of a Certificate of Insurance evidencing general
liability coverage in the minimum amount of One Million
Dollars ($1,000,000) per occurrence and property damage
coverage in the minimum amount of One Million Dollars
($1,000,000) per occurrence covering the proposed
communications tower and communications antennas. Said
insurance coverage shall be maintained during the useful life
of the subject antennae and/or support structure. All support
structures shall be fitted with anti-climbing devices, as
approved by the manufacturers.
(ii) All antenna, antenna support structures, cross

bars, lattice towers, monopoles, repeaters and communication
towers generally must meet the American National Standards
Institute, Electrical Industry Association, Telecommunications
Industry Association steel tower specifications requirements.
Further, the tower must be built to withstand one hundred
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(100) MPH sustained winds with a uniform loading of fifty (50)

pounds, or short duration gusts of up to one hundred fifty
(150) MPH. The Tower shall be constructed with consideration
of seismic conditions in the Township. An independent
structural engineer registered in Pennsylvania shall attest to
the proposed tower's ability to meet these requirements and
certify proper construction of the foundation and erection of
the tower, including the ability to carry multiple antenna.
(iii) There shall be no inhabited structures or overhead

electrical transmission lines within a two hundred feet (200')
foot radius of the tower, unless such tower is mounted on a
pre-existing utility transmission pole.
(iv) All communication tower owners shall provide the
Township with a statement that the emission of radio waves
emanating from the tower will neither cause harm to an
individual by its operation or cause measurable radio
interference to the reception or operation of AM radios, TV
and FM reception, car, cellular or portable phones, heart
pacemakers, garage door openers, remote control units for
models, and other radio dependent devices in general use
within the Township and is in compliance with all Federal
Communications Commission regulations, including
electromagnetic radiation limitations.
(v) If measurable radio interference does result from

the installation and use of the communication tower, the owner
of that tower shall be required to cease operation
immediately, until the problem is corrected, or if the problem
is not correctable to abandon the operation entirely.
(vi) The owner of any communication tower shall be

required to routinely submit to the Township, proof of an
annual inspection and tower maintenance program. Any
structure faults thus noted shall be immediately corrected by
the owner. Failure to provide proof of certified inspection
will result in notification to the owner to cease operation
and dismantle the tower.
(vii) No communications tower shall be allowed within

one and one-half (1-1/2) miles of another tower unless it is
demonstrated that no existing structure or communications
tower is suitable, structurally or electronically, or that a
commercially reasonable agreement could not be reached with
the owner(s) of such existing structure.
(viii) If there is suitable space available on an

existing communication tower within the geographic area that a
new cell site would serve, no new cell site should be
established.
(ix) In addition to the above, all other applicable

performance standards applicable to the zoning district in
which the tower is to be located shall apply to the tower and
any associated support facilities or structures. This
requires that all applicable plans must be submitted for
review and approval for any development application for a
communication tower.
(4) Fencing. A fence shall be required around the antenna

support structure and other equipment, unless the antenna is mounted
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on an existing structure. The fence shall be between six feet (6')

and eight feet (8') in height, shall not contain openings greater
than nine (9) square inches, shall contain gates which are kept
locked at all unoccupied times and shall otherwise comply with the
height regulations set forth in the Amity Township Zoning Ordinance.
(5) Landscaping. Landscaping shall be required to screen as

much of the support structure as possible. Screening should be
planted near the fence surrounding the support structure, and any
other ground level features (such as a building) and, in general, to
soften the appearance of the cell site. The landscape screening
shall comply with the regulations set forth in Section 517, entitled
and Land Development”, of the Township of Amity Code of Ordinances
this Chapter. This screening shall be a “site element screen” as
set forth in Subsection (h) of Section 517, entitled “Landscaping
(6) In order to reduce the number of antenna support

structures needed in the community in the future, the proposed
support structure shall be required to accommodate other users,
including other cellular communication companies, and the local
police, fire and ambulance companies.
(7) The cellular communication company and/or other

applicant must demonstrate that it is licensed by the Federal
Communications Commission and that it is in compliance with any
requirements of the Federal Aviation Administration.
(8) Required Parking. If the cell site is fully automated,

adequate parking shall be required for maintenance workers. If the
site is not automated, the number of required parking spaces shall
be equal to the number of people on the largest shift.
(9) Access. Access shall be provided to the antennae,

support structure and/or accessory structure by means of a public
street or easement to a public street. The easement shall be a
minimum of twenty feet (20') in width and shall be improved to a
width of at least ten feet (10') with a dust-free, all weather
surface for its entire length.
(10) Signage and Lighting. No signs or lights shall be

mounted on a communications tower, except as may be required by the
Federal Communications Commission, Federal Aviation Administration
or other governmental agency which has jurisdiction.
(11) Antenna support structures under one hundred fifty feet

(150') in height shall be painted silver or shall have a galvanized
finish retained in order to reduce the visual impact. Support
structures may be painted green up to the height of nearby trees,
and must, to the greatest extent possible, be consistent with the
surrounding landscape.
(12) A full Site Plan shall be required for all cell sites,
showing the antenna, antenna support structure, building, fencing,
buffering, access and all other items required by the Township
Township Code of Ordinances). The Site Plan shall not be required
if the antenna is to be mounted onto an existing structure.
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(13) If a communications tower remains unused for a period of

twelve (12) consecutive months, the owner(s) of the land, the
operator and/or the lessee shall dismantle and remove the
communications tower within six (6) months of the expiration of said
twelve (12) month period.
(Ordinance 160, April 27, 1998, Section 2; as amended by Ordinance 166,

October 11, 1999, Sections 1-3; as further amended by Ordinance 229, December 19,
2006, Section 30)
Section 946. Blasting and Detonation Requirements.
(a) All general blasting and/or detonation operations shall

conform with the regulations enforced by the applicable agencies of the
Commonwealth of Pennsylvania and the federal government.
(b) Blasting and/or detonation operations shall only be permitted

between the hours of 9:00 a.m. and 5:00 p.m. and shall not be permitted on
Sundays and holidays.
(c) Written notice of all blasting and/or detonation operations

shall be given at least twenty-four (24) hours prior to the commencement
of blasting and/or detonation to the Township and to the occupants of all
properties within a radius of one thousand feet (1,000') of the location
of the blasting and/or detonation. In addition, notice shall be given to
the regional fire department, police department and all sensitive business
ventures.
(d) All blasting and/or detonation operations shall be conducted

by a licensed contractor. A copy of the license and certificate of
insurance shall be provided to the Township at least twenty-four (24)
hours prior to the commencement of blasting.
(e) The storage of explosives shall be in accordance with all

pertinent federal, state and local laws.
Section 947. Kennels.
(a) A kennel shall be considered as a commercial establishment,

structure, lot or portion of a lot in which five (5) or more domesticated
pets more than six (6) months old are kept for the purpose of breeding,
boarding, sale and/or show.
(b) The minimum area for a kennel operation shall be ten (10)
acres.
(c) No animal shelter shall be located within two hundred feet

(200'), as measured from any property line.
(d) The sewage disposal system and water supply system shall be
sized and permitted for the proposed use. The storage of any manure or
animal waste shall be kept in an enclosed structure and located at least
three hundred feet (300') from any property line. A plan for manure
management shall be submitted to the Township for review and approval.
(e) Retail sales of related items shall be limited to a maximum

floor area of one thousand (1,000) square feet. Shows and/or competitions
which occur on the property shall be limited to one (1) per year.
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(f) The perimeter of the kennel operation shall be enclosed with a

fence with minimum height of eight feet (8') with gates.
Section 948. (Reserved for Future Use).
(Ordinance 164, April 26, 1999, Section 36; repealed by Ordinance 281, December
5, 2012, Section 9)
Section 949. Other Dwelling Types or Land Uses. Other dwelling types or
uses, not specifically or adequately identified within this Chapter, may evolve
after the enactment of this Ordinance or were not uses commonly in use at the
time of the enactment of this Ordinance. From time to time, however, such
dwelling types or land uses may become reasonable or appropriate. It is the
purpose of this Chapter to provide for all reasonable and appropriate uses and it
is the purpose of this Section to establish a mechanism for inclusion of such
additional dwelling types or uses within the Township. Therefore, the following
provisions shall apply:
(a) The landowner shall submit a request for inclusion of a

specific dwelling type or use to the Board of Supervisors and the Township
Planning Commission with illustrations and explanatory information which
fully describe the dwelling type or use and the manner in which the
proposed dwelling type or use substantially differs from the permitted
uses in this Chapter.
(b) The Township Planning Commission shall review the submission

and advise the Board of Supervisors. The Planning Commission shall
determine if the proposed dwelling or use falls within any of the
permitted use classifications of this Chapter, is a variation of a
permitted use or is an exotic use which is not reasonable or appropriate.
(c) All proposed dwelling types and uses which are not accounted
for in this Chapter shall be considered by the Board of Supervisors and
the Township Planning Commission as an application for a conditional use
as set forth under Part 11 of this Chapter.
(d) It is the intent of this Chapter that reasonable and

appropriate dwelling types or uses be permitted in the zoning district in
which it is most suited. The purpose and intent of each zoning district
is described within the Township Comprehensive Plan Update, the Township
Act 537 Plan Update and this Chapter. All proposed dwelling types or uses
shall be consistent with these documents.
(e) Such reasonable and appropriate dwelling types or uses shall

be permitted in the zoning district(s) for which it is most suited subject
to the dimensional requirements and other requirements set forth by the
Board of Supervisors. All applications which are not reasonable or
appropriate for the zoning district in which it is proposed may be
rejected by the Board of Supervisors.
(f) If required by the Board of Supervisors, a land development

plan shall be submitted to the Township for review and approval.
Section 950. Exportation and/or Extraction of Groundwater. The commercial

exportation and/or extraction of groundwater in the Township shall only be
permitted by conditional use in the Highway Commercial (HC) zoning district. If a
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conditional use is granted by the Township Board of Supervisors, the following

conditions shall apply:
(a) The commercial exportation and/or extraction of groundwater

within the Township shall only be permitted by a company which is
certified and licensed by the Public Utility Commission.
(b) The facility operations shall be approved and permitted by the

Delaware River Basin Commission, the Pennsylvania Department of
Environmental Protection and any other agency having jurisdiction over the
facility operations.
(c) The minimum area for total facility operations shall be

twenty-five (25) acres.
(d) The minimum isolation distance between the proposed source of

groundwater extraction and an existing water supply facility shall be a
minimum of three hundred feet (300').
(e) The pumping or extraction of groundwater for the facility

operations shall not operate for a cumulative time period exceeding twelve
(12) hours per day.
(f) A dynamic recovery rate and draw-down tests shall be conducted

by the applicant to determine the maximum safe daily yield of the
commercial facility operations. All such dynamic recovery rate and draw-
down tests shall be subject to the approval of the Township Engineer.
(g) The applicant shall prepare and submit a study prepared by a

professional hydrogeologist certifying that the commercial facility
operations will be supplied by a continuous safe daily yield which will
not adversely affect the groundwater table or existing water supply
sources within one thousand feet (1,000') of the source of extraction.
The conclusions of the study shall be subject to the approval of the
Township Engineer.
(h) All such applications for the commercial extraction or

exportation of groundwater shall demonstrate that the adjacent water
supply sources will not be effected by discontinued use, contamination,
loss of supply or the ability to properly recharge over time. Where deemed
appropriate or required by the Township Engineer, the applicant shall
comply with all pertinent regulations for community water supply as
specified under the Township Subdivision and Land Development Ordinance,
as amended (see Chapter XXVII of the Township Code of Ordinances).
(i) A land development plan shall be submitted to the Township

which demonstrates compliance with all provisions specified under this
Section and all other pertinent regulations adopted by the Township.
Section 951. Self-storage Units.
(a) Self-storage units shall be defined as a building or group of

buildings that are divided into individual units, each of which unit is
available for rent or lease to the public for the self-storage of tangible
personal property.
(b) Self-storage units are a permitted use by right within the

Highway Commercial (HC) zoning district, subject to the following
requirements:
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(1) The minimum gross lot area for a self-storage operation

shall be two (2) acres.
(2) The minimum front yard setback shall be sixty feet

(60'), as measured from the ultimate right-of-way line of the public
street in which it has frontage.
(3) The minimum side yard setback shall be thirty feet

(30'), as measured from each side lot line.
(4) The minimum rear yard setback shall be sixty feet (60'),
as measured from the rear lot line.
(5) A buffer yard shall be established within the required

front, side and rear yards of the lot in which the self-storage
units are proposed. Unless otherwise directed by the Planning
Commission, the minimum depth of the required buffer yard shall be
twenty-five feet (25'). The buffer yard shall be consistent with the
standards specified under Section 517, entitled “Landscaping
(6) A landscaping plan shall be prepared and submitted to

the Township for review. The contents of the proposed landscaping
plan shall be subject to the approval of the Planning Commission.
(7) A complete land development plan shall be prepared and

submitted to the Township for review. The proposed land development
plan shall be subject to the approval of the Township.
(8) The self-storage units must be enclosed and contained by

a security fence with a twenty-four (24) hour automated access gate.
The type, location, height and arrangement of the security fence
and automated access gate shall be subject to the approval of the
Planning Commission. Where required by the Planning Commission,
additional landscaping materials shall be provided in order to
screen the security fence from all public roads and all adjacent
properties.
(9) The outdoor storage and/or parking of recreational

vehicles, boats, campers, trailers or similar vehicles shall only be
permitted behind the proposed buildings and/or within the rear yard
of the lot. The required buffer yard should conceal the view of all
such vehicles.
(10) The entrance and all vehicular access aisles shall be a

minimum of twenty-four feet (24') in width and shall be unobstructed
by vehicles and/or equipment. The entrance or main entrance shall be
paved from the cartway of the public road to a point twenty-five
feet (25') within the automated access gate.
(11) All exterior lighting and signs for the self-storage

operation shall conform with all applicable sections of this
Chapter.
(12) Retail sales shall be subordinate and/or accessory to

the self-storage operation.
(13) One (1) office area or building may be included within

the site of the self-storage operation. The office use shall be
subordinate and/or accessory to the self-storage operation.
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(14) Each building shall be a fully enclosed building, built

of durable materials on a permanent foundation. Truck trailers, box
cars or similar impermanent removable structures shall not be used
as buildings for self-storage units.
(15) All uses shall be in conformity with all provisions of

this Chapter, including but not limited to Section 911, and the
Township Subdivision and Land Development Ordinance (see Chapter
XXVII of the Township Code of Ordinances). No use of the storage
units shall in any way violate Township ordinances, Pennsylvania
laws, statutes, regulations or administrative rules or any Federal
laws, statutes, regulations or administrative rules of any nature or
type.
(Ordinance 164, April 26, 1999, Section 36; as amended by Ordinance 229, December
19, 2006, Section 31)
Section 952. Transitional-Age Development Community.
(a) The purpose of this Section of this Chapter is to provide

standards for transitional-age developments, containing single-family
detached residences, semi-detached residences, townhouses, condominiums
and their accessory uses. The objectives of these provisions are outlined
as follows:
(1) To provide a unique approach for housing and community

development with provisions to permit more efficient utilization of
land and of community facilities and services.
(2) To encourage innovative residential land development

that will conserve open space and protect environmentally sensitive
areas.
(3) To efficiently utilize undeveloped land area within

Amity Township, while providing unique housing opportunities for
families as well as persons over fifty-five (55) years of age.
(4) To implement the recommendations concerning natural

features, development, utilities, transportation, housing and land
use, as outlined within the Comprehensive Plan.
(b) Transitional-age communities containing residential lots or

units, as permitted under this section and further defined under
Section 202 of this Chapter, are permitted by conditional use within the
MDR-Medium Density Residential Zoning District.
(c) All transitional-age communities shall be designed in

accordance with the following general design and eligibility requirements:
(1) The minimum amount of land in the development shall be

one hundred (100) contiguous acres. Contiguous land area shall be
defined as a parcel of land that is owned under a single deed or
parcels of land that are owned under multiple deeds, provided that
the parcels of land are contiguous to each other having common deed
boundaries and are not physically separated by parcels of land owned
by other individuals or parties.
(2) All of the uses contained within the transitional-age

development shall be served by public sanitary sewage disposal
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facilities and public water supply facilities. As part of the

conditional use application, the applicant shall provide evidence
that there are sufficient sewer and water capacities to service the
development.

the transitional-age community shall be set aside as common open
space. The area designated as common open space shall comply with
all provisions of this Section of this Chapter and none other.
(i) No more than fifty percent (50%) of the required

common open space shall be located on lands within the
Environmental Protection Overlay District (Part 5 of this
Chapter).
(ii) The common open space shall not include areas that
have been devoted to roads but may include utility easements.
(iii) No more than fifteen percent (15%) of the required

common open space shall include areas devoted to stormwater
management facilities.
(iv) Significant natural features shall be incorporated

into the overall schematic of the design of the common open
space whenever possible.
(v) While no standards shall exist as to the size and

boundaries of the common open space areas, care should be
taken to design common open space in a manner that the open
space areas shall be meaningful and available to the residents
of the transitional-age development.
(vi) A community Center, if built for either part of

the development shall be counted as common open space.
(vii) For all common open space, satisfactory written

agreement approved by the Township Solicitor shall be
consummated for the perpetual preservation of the common open
space.
a) The developer of the transitional-age

development shall have made arrangements, provisions,
and/or agreements to insure that the common open space
shall continue to be adequately managed and maintained.
b) The developer of the transitional-age

development shall insure the ownership, management and
maintenance of the common open space by either
dedicating the land to a homeowners’ association or
dedicating the land to the Township which shall have the
option to accept or refuse the land offer for
dedication. If the common open space is dedicated to a
homeowners’ association, the developer shall file with
the Township and the Recorder of Deeds of Berks County a
declaration which will govern the association. The open
space shall be deed restricted against further
development.
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(4) Subject to the provisions of Subsection (c)(5) of this

Section below, the maximum permitted residential density for
transitional-age development shall be three (3) dwelling units per
acre. The area to be utilized and calculated for development
density shall not include lands within the Environmental Protection
Overlay District (Part 5 of this Chapter).
(5) A density bonus of one-quarter (0.25) dwelling units per

acre may be added to the residential density requirement set forth
in Subsection (c)(4) of this Section above for each design objective
as contained in Subsection (c)(6) of this Section achieved as part
of the conditional use application and land development/subdivision
approval process. The maximum permitted density bonus shall not
exceed two and three-quarters (2.75) dwelling units per acre. As
part of the conditional use application and/or land
development/subdivision approval process, the Supervisors shall
consider and may grant a density bonus of one-quarter (0.25)
dwelling units per acre for attainment of each of the following
design standards and objectives contained in Subsection (c)(6) of
this Section.
(6) The developer shall be entitled to a density bonus of

one-quarter (0.25) dwelling units per acre for each full ten percent
(10%) of additional age restricted housing that is provided above
the base of fifty percent (50%) provided that the developer also
simultaneously selects one of the following five features which must
be coupled with the additional ten percent (10%) age restriction.
This process may be repeated to achieve a maximum permitted density
of no more than five and three-quarters (5.75) dwelling units per
acre.
(i) The application provides for preservation of

buildings and/or structures located on the site which in the
opinion of the Township are historic or have historical or
architectural significance – one-quarter (0.25) dwelling unit
per acre density bonus. A maximum of ten (10) acres
associated with the historic or architectural significance
site shall be considered in open space calculations for the
development upon either a deed restriction on the sites
development rights or a transfer of the sites’ development
rights to the Berks County Conservancy or equivalent
organization.
(ii) The application provides for passive recreation,

educational, agricultural or ecological opportunities that are
considered schematically planned or integrated with other
passive recreation areas – one-quarter (0.25) dwelling unit
per acre density bonus.
(iii) The application provides for a community center of
at least two thousand five hundred (2,500) square feet
constructed by the developer upon the development for use only
by the residents of the age-restricted portion of the
development – one-quarter (0.25) dwelling unit per acre
density bonus.
(iv) The application provides for unique or enhanced

architectural values including utilizing natural products for
the building face (brick, stone or masonry products) and
rooflines (masonry, gable or hip roof designs) on the entire
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community – one-half (0.50) dwelling unit per acre density

bonus.
(v) In the sole discretion of the Board of

Supervisors, if the application provides for other features to
the development that significantly contribute to the
enhancement of the development – one-quarter (0.25) dwelling
unit per acre density bonus.
(d) Each of the following maximum and minimum dimensional

requirements shall apply to single-family detached residences and
townhouses within a transitional-age development. In the case of a
condominium form of ownership where there are no individual lots, the
standards shall be applied to the overall lot.
Minimum Single Family Single Family

Regulations Detached Semi-detached Townhouses
Lot Area 7,500 square feet 5,000 square feet 2,000 square feet
Building Setback
from Curb 20 feet 20 feet 20 feet
Side Yard (each) 7.5 feet 7.5 feet 30 feet
(building to building)
Maximum Single Family Single Family

Regulations Detached Semi-detached Townhouses

Lot coverage 50 percent 50 percent 75 percent
If a zero lot line development is proposed, the area around each

building shall be counted toward the common open space.
(e) Each application for a transitional-age development shall

provide the following:
(1) A fifty feet (50’) buffer set back along the perimeter of the
parent tract; and
(2) A collector road which does not provide direct access to

any unit in the development.
(f) Signage for a transitional-age development shall be of an

announcement and directional nature and shall be approved by the
Supervisors as part of the conditional use application.
(g) The provisions of Section 951 for transitional-age development
relating to design and eligibility shall control and take precedence over
any other section of this Chapter dealing with similar subject matter.
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Section 953. Commercial Retirement Community.
(a) Purpose. It is hereby declared to be the intent of this

Section to establish reasonable standards and criteria to permit
Commercial Retirement Community developments in appropriate locations
within the Township, based upon a specialized set of development
regulations appropriate for such a development. The Township hereby
recognizes:
(1) The housing, service and amenity needs for residents as

they get older and life-style changes that encourage aging in place.
(2) The need to provide for such developments consistent

with the Township’s planning goals.
(3) The need to recognize that the reduced impact on

Traffic, Township Services and School Districts associated with
Commercial Retirement Communities can justify different development
standards as compared to typical residential development.
(4) The need to encourage flexible site design which

respects the needs of our aging population and the Township’s
natural features.
(5) The need to encourage the creation of individual

neighborhoods.
(b) Commercial Retirement Community Qualifications.
(1) Single ownership responsible for the financial health,

maintenance, service and operation of the community. This includes
all land, buildings, infrastructure and public or community
utilities contained within the tract of land.
(2) The minimum amount of land area in the development shall

be twenty (20) contiguous acres. Contiguous land area shall be
defined as a parcel of land that is owned under a single deed or
parcels of land that area owned under multiple deeds, provided that
the parcels of land are contiguous to each other having common deed
boundaries and are not physically separated by parcels of land owned
by other individuals or parties.
(3) Operated under a Resident Agreement or similar document

without deeded resident ownership.
(4) Age restricted to one hundred percent (100%) age fifty

five (55) or older with the exception of a Certified Care Giver to a
qualified resident or handicapped dependent. This over 55 years of
age qualification shall be recorded as a deed restriction on all
parcels to be developed.
(5) Creative design of buildings and infrastructure to

support handicapped adaptability and access. There shall be no
modular homes or trailers permitted in a Commercial Retirement
Community.
(6) Required accessory uses include a Community Center,

swimming pool and walking system throughout the community.
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(c) Use Regulations. A building or group of buildings may be

erected and occupied for any of the following purposes and no other:
(2) Single-family semi-detached dwelling.
(3) Townhouse structures.
(4) Residential Units or group of Residential Units designed

as a single architectural unit.
(5) Accessory uses on the same lot/tract which are

customarily incidental to any of the above permitted uses, provided
that the total floor area does not exceed an area equivalent to
twenty-five percent (25%) of the total ground floor area of all
residential buildings proposed in a Commercial Retirement Community
development. Except as otherwise noted herein, these uses may be
located within a proposed residential building or as a freestanding
facility on the site of a Commercial Retirement Community
development. Such accessory uses, primarily for the convenience of
and use by the resident, include:
(i) Retail store or personal service shop.
(ii) Bank or similar institution.
(iii) Professional office.
(iv) Indoor recreation facility, games room, media

center, club/craft/woodworking centers.
(v) Rental, sales or administrative offices or

maintenance facility for the Commercial Retirement Community
development.
(vi) Fitness Center, Community Pool and/or Spa
(vii) Restaurant and/or Dining Facility
(viii) Wellness Center
(ix) Maintenance Building
(x) Similar use(s) to those enumerated in subsections

(i) through (ix) above. The applicant shall demonstrate that
said use(s) shall provide a service or amenity to the
residents of the proposed Commercial Retirement Community
development and shall have no adverse impacts on uses external
to said development.
(6) Required Accessory Use Regulations. Certain additional

uses shall be developed in conjunction with an Commercial Retirement
Community development including the following, provided, however,
that none is intended as an independent, free-standing commercial
use:
(i) A Community Center for use primarily by the
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residents of the community or their guests. Development of the

Community Center shall occur in the first phase of any multi-
phase project. The Community Center shall provide at least
thirty (30) square feet of area for each household in the
development it is to serve, provided, however, that it shall
have a minimum of six thousand (6,000) square feet.
(ii) A Swimming Pool for use primarily by the residents

of the community or their guests.
(iii) A walking system of sidewalks supplemented by

trails that encourage the use of open and recreational space.
(iv) None of the above uses are intended as an

independent, free standing commercial use.
(d) Lot, yard, and bulk regulations. In case of each lot/tract of

land developed as a Commercial Retirement Community development, the
following area and height regulations shall apply:
(1) Lot/tract area. The total gross tract area of the

lot/tract for a Commercial Retirement Community development shall be
not less than twenty (20) acres.
(2) Density. The maximum density for development pursuant to

this Section shall be eight (8)) dwelling units per acre in the MDR
and six (6) dwelling units per acre in the LDR. In the computation
of density, the number of units shall be rounded down to the nearest
whole number. Compliance with the standards in this ordinance does
not guarantee that the maximum number of dwelling units will be
achievable in all cases. The applicant’s ability to develop the
maximum number may be reduced as a result of the applicant’s choices
of dwelling types, building and/or lot sizes, physical constraints
of the development site, or other factors. The area of the tract
used to calculate the allowable density shall not include existing
street rights of way, existing utility easements or lands within the
Environmental Protection Overlay District.
(3) Impervious surface coverage. A maximum impervious surface

coverage of sixty percent (60%) of the total lot/tract area shall be
permitted. The areas which are not impervious shall be improved with
lawn or other suitable ground covers and landscaping.
(4) The following minimum dimensional requirements shall

apply.
(i) Front setback from edge of paving to exterior of

living space shall be a minimum of twenty (20) feet.
(ii) Rear yard shall be a minimum of forty (40) feet

building to building.
(iii) Side yard shall be a minimum of twenty (20) feet

building to building.
(iv) All buildings within the development shall be located

at least fifty (50) feet from the perimeter of the tract
boundary.
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(v) The maximum building height shall be thirty-five (35)

feet. Building height for this Section shall be the vertical
distance measured from the average elevation of the finished
grade at the front two corners of the building to the top of
habitable space in the building, provided that a roof pitched
to a single peak is provided in accordance with the
architectural standards set forth herein.
(vi) The maximum length of any building or group of

attached buildings shall be one hundred eighty feet (180’)
(e) General Development Regulations. In addition to the other

regulations of this district, the following requirements shall apply:
(1) A Resident Agreement or similar document shall be

present to the township for review, stipulating the proposed
development is intended to be “55 or Over Housing” within the
meaning of the Fair Housing Act (42 U.S.C.A. § 3601 et seq.), so as
to qualify as “housing for older persons” within the meaning of the
Fair Housing Act. The parcels comprising the development shall be
deed restricted to those over age fifty-five (55). The construction,
interpretation and enforcement of this restriction shall be done in
manner consistent with such requirements. This restriction shall be
subject to all applicable federal and state laws concerning “housing
for older persons”. Permanent occupancy of any dwelling unit shall
be restricted to persons 55 years of age or over. A permanent
resident is a person who resides in a dwelling unit for thirty (30)
or more consecutive days. Permitted visitations shall not exceed
thirty (30) consecutive days without additional agreement. Three (3)
exceptions may apply to the 55 years of age qualification as
follows:
(i) Certified Care Giver with residency linked to the

qualified resident who is receiving the care.
(ii) A qualified handicapped dependent, incapable of living

independently of the qualified resident. Residency of the
handicapped dependent is linked to the qualified resident.
Provisions of care must be provided to the community in the
event the qualified resident can no longer provide for the
handicapped dependent.
(iii) A spouse under the age of 55 with residency linked to

the qualified resident.

this chapter to promote the health, safety, morals, and general
welfare of the township.

of uses and groupings of buildings, service, and parking areas,
circulation, and open spaces, planned, and designed as an integrated
(4) In any case where a repair or processing activity is
permitted in conjunction with a personal service shop, custom shop
or similar use, any such activity shall, if located on the ground
floor, be effectively screened from the front portion of the
building used by customers by a wall or partition.
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(5) No storage of materials, equipment, or goods shall be

permitted outside a building, except in the case of a maintenance
building with appropriate screening and no merchandise shall be
displayed on the exterior of a building.

accessways or automobile parking facilities. Appropriate screening
shall be required.

and egress to and from existing public streets and highways serving
the development without undue congestion to or interference with
normal traffic flow.

placed underground.
(9) Concrete sidewalks shall be constructed on at least one

side of interior drives and accessways. The extent and placement of
sidewalk should encourage walking within the community and serve as
a connection to internal trails, accessory buildings, amenities and
services.

sewage disposal system and public or community water supply.
(11) The developer shall be required, where possible, to

preserve or incorporate natural features such as woods, streams and
open space areas which add to the overall cohesive development of
the Commercial Retirement Community development and overall township
development.
(f) Parking. Parking shall be in accordance with Section 924 of

this Chapter. In addition:
(1) Parking spaces include garages, carports, driveways and

open lined spaces.
(2) No parking lots shall be permitted within twenty-five

feet (25’) of a property line or ultimate right-of-way line.
(g) Open Space. A minimum of thirty percent (30%) of the gross

tract area shall be permanently reserved as open space. In the Open
Space, the following shall apply:
(1) There shall be a reasonable mix of active and passive

areas, with maximum preservation of existing environmental amenities
in the areas left for passive recreational use.
(2) Adequate open space shall be provided for active use,

and shall be developed in such manner and with facilities compatible
with the population who will reside in the community.
(3) All open space areas provided, exclusive of any offered

for dedication to and accepted by the Township, shall be maintained
by the owner or similar entity, as approved by the Township Board of
Supervisors.
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(4) No more than ten percent (10%) of the required common

open space shall include areas devoted to stormwater management
facilities. An additional fifteen percent(15 %) of the required
common open space may include areas devoted to stormwater management
facilities provided that such facilities are designed as structural
BMPs as defined in Chapter 6 of the Pennsylvania Stormwater Best
Management Practices Manual, excluding dry extended detention
basins, and are incorporated into the overall landscape design of
the surrounding open space.
(h) Access Restriction. No dwelling unit within the Commercial

Retirement Community development may take access directly from any
existing road in the Township.
(i) Landscaping. Landscaping, including a buffer, shall be

planted around the perimeter of the entire tract in accordance with
Section 517 of the Amity Subdivision and Land Development Ordinance.
(j) Architectural Standards. Commercial Retirement Community

development dwellings shall be subject to the following standards:
(1) The applicant shall prepare a set of architectural

characteristics for the single family, semi-detached, townhomes and
community center in the development, including floor plans,
elevations, prospective sketches, and building materials, subject to
approval by the Board of Supervisors, with the advice of the
Township Planning Commission. Building styles, bulk, window and door
placement, roof pitch and proportions shall be compatible with the
existing character of the area. A minimum of six different exterior
designs will be required to provide a more interested visual
variety. A minimum of twenty-five percent (25%) of the total of all
four sides of the exterior of the façade of each unit shall be
constructed of brick or stone materials. In the event that more than
three (3) townhouses are connected together, each unit and each
group of units must be located with different setbacks from the
street line. Major architectural features, such as structural bay
windows, porticoes, front porches and dormers, shall be required for
a minimum of twenty-five percent (25%) of the Commercial Retirement
Community development dwelling units.
(2) The architectural characteristics shall be approved as a

condition of the Plan and shall be recorded in the Office of the
Recorder of Deeds in and for Berks County, Pennsylvania.
(3) When Residential Units or group of Residential Units,

designated as a single architectural unit are proposed for
development on a tract in the Commercial Retirement Community
development, the buildings shall incorporate pitched roofs with a
minimum pitch of 5 x 12. In addition, at least forty (40%) percent
of all four residential units building facades shall be constructed
of brick or stone. Substitutions for said materials may be
authorized by the Board of Supervisors upon review of elevation
drawings and/or rendering submitted by the applicant. Residential
Units or group of Residential Units designed as a single
architectural unit shall provide offsets to the front and rear
building designs at minimum of every sixty (60) feet.
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(4) Typical elevations for the various types of dwelling

units, using various architecturally pleasing materials, shall be
presented and approved by the Board of Supervisors.
(5) The Community Center and other accessory uses, if housed

in a separate building, shall be of a compatible architectural
design.
(k) Entrances. Boulevard entrances shall be required for all

primary entrances to the development.
(l) Streets. All streets, storm sewer and sanitary sewer

facilities in the Commercial Retirement Community shall be privately owned
and maintained.
(m) Internal Circulation. Special consideration will be given to

the requirement for interior drives, accessways, driveways and parking to
support the specific needs of a Commercial Retirement Community.
Development of Streets together with alleys and rear entry garages with
parking for townhouses is encouraged.
(n) Declaration of restrictive covenants. Accompanying the Plan,

a Declaration of Restrictive Covenants must be approved by the Township
and recorded. Said Declaration shall provide all of the restrictions
necessary to assure that a proposed development will operate as depicted
on the Plan and be in compliance with the Federal Fair Housing Act
amendments of 1988, or as subsequently amended. The following are the
minimum requirements for the Declaration:
(1) Parties to the Declaration of Restrictive Covenants

shall be bound by all restrictions contained therein, and shall
include, at a minimum, developer, mortgagees of any lot and/or
building on the tract, owner and/or legal entity responsible for the
operations of the community and its associated facilities, and any
other parties having any interest in all or any part of the proposed
development, and the Township. Provisions shall be included to
permit Township enforcement of the restrictions contained in the
Declaration, in the event that the responsible entities fail to do
so.
(2) Maintenance provisions shall be included for all

improvements and common areas.
(3) Provisions to ensure that development of any buildings,

parking, or other similar improvements, are prohibited on any areas
to be utilized solely for open space purposes, as indicated on the
approved Plan.
(4) Residency restrictions applicable to a Commercial

Retirement Community development shall be included in the
Declaration of Restrictive Covenants and as additionally specified
herein. Residents of a Commercial Retirement Community shall be
limited by contract and Deed Restriction, to persons 55 years of age
or older, except as follows:

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(ii) A qualified handicapped dependent, incapable of

living independently of the qualified resident. Residency of
the handicapped dependent is linked to the qualified resident.
(iii) A spouse under the age of 55 with residency linked

to the qualified resident.
(5) The applicant shall prove to the satisfaction of the

Board of Supervisors that the owner or operation management will
have appropriate authority through deed restrictions or similar
mechanisms to ensure compliance with the age limitations.
(6) Any additional restrictions which will be applied to the

development which are stricter than existing Township regulations.
(7) Any change to cross easements, maintenance

responsibilities, or other applicable restrictions, which is
substantive in the opinion of the Board of Supervisors, will
necessitate an amendment to the Declaration of Restrictive Covenants
to be submitted, approved and recorded to replace any prior such
document. No subdivision or land development for any development on
the subject development tract shall be approved without a current
recorded Declaration of Restrictive Covenants.
Section 954. Continuing Care Retirement Community (CCRC).
(a) Permitted uses in a CCRC may include and combination of one (1)
or more of the following:
(1) Dining Facilities, including central kitchens for on-

site preparation of meals and restaurants;
(2) Recreational facilities, including activity rooms,

auditoriums, lounges and libraries;
(3) Office and retail service facilities designated for use

by the residents of the CCRC may include, but are not limited to:
gift shops, coffee shops, barber or beauty shops, banks, convenience
stores, pharmacies, rental, sales and administrative offices,
provided that any such single service facility shall not exceed
2,500 sq. ft. of gross floor area;
(4) Health care facilities, including physical therapy

facilities and services, exercise rooms/equipment and swimming
pools;
(5) Day care facilities for the supervision of children and

adults, utilized as part of a CCRC development and limited to CCRC
residents, visitors or employees;
(6) Indoor and outdoor recreational facilities, including,

but not limited to, a golf course, tennis courts, running/walking
tracks, swimming pools, and multi-purpose fields;
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(7) Indoor storage for vehicles and property of residents;
(8) Indoor storage of maintenance and other equipment used

in the operation and maintenance of the CCRC;
(9) Community Center primarily intended for use by the

Residents of the CCRC;
(10) Nursing Home, Assisted Living Home, Retirement Home, or

Convalescent Home; and
(11) Age Restricted Housing consisting of:
(i) Single-family detached dwelling.
(ii) Single-family semi-detached dwelling.
(iii) Townhouse structures.
(iv) Condominiums each individually owned and designed

as a single architectural project or unit.

the total floor area does not exceed an area equivalent to twenty-
five percent (25%) of the total ground floor of all residential
buildings proposed in the CCRC. Except as otherwise noted herein,
these uses may be located within a proposed residential building or
as a freestanding facility on the site of a CCRC. Such accessory
uses shall be intended for use by the residents of the development.
(b) Area, Yard and Height Requirements of a CCRC.
Minimum Regulations
Overall Tract Area 10 acres
Overall Tract Width 400 feet
Building Setback (perimeter tract boundary) 50 feet
Improvement Setback (perimeter tract boundary) 20 feet
Buffer Yard (perimeter tract boundary) 20 feet
Landscaped area Minimum 30%
Maximum Regulations
Lot Coverage (overall tract) 40%

Paved Area (overall tract) 60%
(c) Lot, yard and bulk regulations that shall apply to Age
Restricted Housing within the CCRC:
(1) Density. Density of dwelling units shall not exceed

twenty (20) units per acre. In the computation of density, the
number of units shall be rounded down to the nearest whole number.
Compliance with the standards in this Ordinance does not guarantee
that the maximum number of dwelling units will be achievable in all
cases. The applicant’s ability to develop the maximum number may be
reduced as a result of the applicant’s choices of dwelling types,
building and/or lot sizes, physical constraints of the development
site, or other factors. The area of the tract used to calculate the
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allowable density shall not include lands within existing street

rights-of-way, existing utility easements or land within the
(2) Each of the following minimum dimensional requirements

shall apply to all individual lots containing Age Restricted Housing
within a CCRC including single-family detached residences, single-
family semi-detached residences, townhouses, apartments,
condominiums, nursing homes and assisted care:
Minimum Regulations
Single Family Single Family Townhouses Condominiums Assisted Care/ Apartments Accessory
Detached Semi-detached Nursing Home Uses
Lot Area 7500 sq ft 5000 sq ft 2000 sq ft ------- -------- ------- ------
Lot Width 50 ft 50 ft 20 ft ------- -------- ------- ------
Building
Setback from
Street curb 20 ft* 20 ft* 20 ft* 30 ft 30 ft 30 ft 30 ft
Rear Yard 20 ft 20 ft 20 ft ------- -------- ------- ------
Side Yard 7.5 ft 7.5 ft 15 ft ------- -------- ------- ------

(each) (end units)
Distance to ---- ---- ----- 40 ft 60 ft 60 ft 40 ft

Nearest
Building
* However, where the use contains garages and driveways in the front yard, the setback to face
of garage shall be thirty feet (30’) from the face of the curb.
Building Length shall not exceed two hundred fifty feet (250’) for apartments, condominiums or
townhouses. There shall be variation of the front façade to create architectural interest and
avoid a single continuous linear facade.
(3) Lotting Exclusion. In order to allow the maximum

flexibility in site design and ownership arrangements, lotting is
not required in any Age Restricted Housing built pursuant to this
Subsection. However, in cases where lots are not utilized, the
distances between units and the curb line shall be the same as if
lot lines are provided. However, along lot lines on which any form
of zero-lot line single-family detached dwelling unit is coincident,
a maintenance easement shall be required on any abutting lot, the
minimum width of which shall be 5 feet (5’).
(4) Development Regulations. In addition to the other

regulations of this District, the following requirements shall apply
to Age Restricted Housing:
(i) The proposed development is intended to be “55 or

Over Housing” within the meaning of the Fair Housing Act (42
U.S.C.A. §3601 et seq.), so as to qualify as “housing for
older persons” within the meaning of the Fair Housing Act and
shall be deed restricted accordingly. The construction,
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interpretation and enforcement of this restriction shall be

done in a manner consistent with such requirements. This
restriction shall be subject to all applicable federal and
state laws concerning "housing for older persons". Occupancy
of any dwelling unit shall be restricted to persons fifty-five
(55) years of age or over ("age qualified"), provided,
however, that a person who is age qualified may occupy such
unit with such person's spouse, regardless of age, and with a
child nineteen (19) years of age or over who is not enrolled
in secondary school. No occupancy shall be permitted by any
person who is or intends to have as a permanent resident in
the unit, a person under the age of 19 years unless such
person is a handicapped dependent protected by the provisions
of the Fair Housing Act. A permanent resident is a person who
resides in a dwelling unit for thirty (30) or more consecutive
days. Permitted visitations shall not exceed thirty (30)
consecutive days.
(d) Parking. Parking shall be in accordance with Section

924(c)(21) of this Chapter.
(e) Special Design Standards/Conditions for CCRC:
(1) The entire CCRC must be serviced by public water and

sewer.

this Chapter to promote the health and safety of the Township.

circulation and open spaces, planned and designed as an integrated

permitted outside a building, and no merchandise shall be displayed
on the exterior of a building.

accessways or automobile parking facilities.

the development without undue congestion to or interference with
normal traffic flow.

placed underground.
(8) Concrete sidewalks shall be constructed on each street

or road abutting the lot unless other suitable pedestrian trails are
constructed based upon specifications approved by the Township.
(9) Landscaping, including a buffer, shall be planted around

the perimeter of the entire tract in accordance with Section 517 of
the Amity Subdivision and Land Development Ordinance.
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the CCRC and overall township Development.

(12) The exterior façade of the front of any structure in the

CCRC and the exterior façade of any other side or rear of any
structure in the CCRC visible from any roadway shall be comprised of
a variety of architectural treatments with a minimum of forty
percent (40%) of any such façade consisting of natural materials.
Roof pitches shall be designed in such a manner as to effectively
screen roof top equipment from roadways and main entrances.
(13) Typical elevations for the various types of buildings

and dwelling units, using various architecturally pleasing
materials, shall be presented to and approved by the Board of
Supervisors.

design and materials.
(15) Entrances. Boulevard entrances shall be required for all

primary entrances to the development.
(f) Open Space. A minimum of thirty percent (30%) of the gross

tract area shall be permanently reserved as open space. In the Open Space,
the following shall apply:

(2) Adequate open space area shall be provided for active
use, and shall be developed in such manner and with facilities
compatible with the population who will reside in the community.
(3) The Open Space and recreation plan for any development
proposed pursuant to this District shall be submitted for review by
the Township Park and Recreation Board.
(4) All Open Space areas provided, exclusive of any offered

by a homeowners' association or similar entity, as approved by the
Township Board of Supervisors.
(5) The Open Space shall be deed restricted to prohibit

further development thereon.
(6) No more than 10% of the required common open space shall
include areas devoted to stormwater management facilities. An
additional fifteen percent (15%) of the required common Open Space
may include areas devoted to stormwater management facilities
provided that such facilities are designed as structural BMPs as
defined in Chapter 6 of the Pennsylvania Stormwater Best Management
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Practices Manual, excluding dry extended detention basins, and are

incorporated into the overall landscape design of the surrounding
open space.
(g) Access Restriction. No dwelling unit within the CCRC

development may take access directly from any existing road in the
Township.
(h) Declaration of Restrictive Covenants. A Declaration of

Restrictive Covenants must be approved by the Township and recorded in the
Office of the Recorder of Deeds in and for Berks County, Pennsylvania.
Said Declaration shall provide all of the restrictions necessary to assure
that a proposed development will operate as depicted on the Plan and be in
compliance with the Federal Fair Housing Act amendments of 1988, as
amended. The following are the minimum requirements for the Declaration:

include, at a minimum, developer, mortgagees of any lot and/or
building on the tract, owner and/or legal entity responsible for the
operations of the community and its associated facilities, and any
other parties having any interest in all or any part of the proposed
development, and the Township. Provisions shall be included to
permit Township enforcement of the restrictions contained in the
Declaration, in the event that the responsible entities fail to do
so.
(2) Maintenance provisions shall be included for all

improvements and common areas.

parking, or other similar improvements, are prohibited on any areas
to be utilized solely for open space purposes, as indicated on the
approved Plan.
(4) Residency restrictions applicable to a CCRC development

shall be included in the Declaration of Restrictive Covenants and as
additionally specified herein. Residents of a CCRC shall be limited
by contract and Deed Restriction, to persons fifty-five (55) years
of age or older, except as follows:

(ii) A qualified handicapped dependent, incapable of

living independently of the qualified resident. Residency of
the handicapped dependent is linked to the qualified resident.
(iii) A spouse under the age of 55 with residency linked

to the qualified resident.
(iv) Assisted living or nursing home residents need not

be 55 years of age.
(v) The applicant shall prove to the satisfaction of

the Board of Supervisors that the owner or operation
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management will have appropriate authority through deed

restrictions or similar mechanisms to ensure compliance with
the age limitations.


(Ordinance 246, August 6, 2008, Section 9; as amended by Ordinance 289, July 1,

2015 Section 4)
Section 955. Nursing Home, Retirement or Convalescent Home.
(a) Special Design Standards.

(2) The building or buildings shall contain at minimum of

40% of the entire exterior of brick or stone. Substitutions for
said materials may be authorized by the Board of Supervisors upon
review of elevation drawings and/or rendering submitted by the
applicant.
(3)Pitched roofs shall be incorporated into all buildings.
(Ordinance 246, August 6, 2008, Section 9; as amended by Ordinance 260, October

7, 2009, Section 2; as further amended by Ordinance 261, October 21, 2009,
Section 2)
Section 956. Age Restricted Housing.
(a) Purpose. It is hereby declared to be the intent of this

Section to establish reasonable standards and criteria to permit Age
Restricted Housing developments in appropriate locations within the
Township, based upon a specialized set of development regulations
appropriate for such a development. The township hereby recognizes:
(1) The housing needs for residents as they get older and
life-style preferences change.
(2) The need to provide for developments consistent with the

provisions of the Federal Fair Housing Act amendments of 1988 or as
subsequently amended.
(3) The needs to provide for such developments consistent

with the Township’s planning goals.
(4) The need to recognize that lesser impacts and smaller

household sizes associated with age-restricted communities can
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justify different development standards than typical development of

similar types.
(5) The need to encourage flexible site design which

respects the Township’s natural features.
(6) The need to encourage the creation of individual

neighborhoods.
(b) Use regulations. A building or group of buildings may be

erected or used and a lot may be used and occupied for any of the
following purposes and no other:
(2) Single-family semi-detached dwelling
(3) Townhouse structures.
(4) Condominiums each individually owned and designed as a

single architectural project or unit.

that the total floor area does not exceed an area equivalent to 25%
of the total ground floor area of all residential buildings proposed
in an Age Restricted Housing development. Except as otherwise noted
herein, these uses may be located within a proposed residential
building or as a freestanding facility on the site of an Age
Restricted Housing development. Such accessory uses shall be
intended for use by the residents of the development and may
include:
(i) Retail store or personal service shop. (First
floor only of an apartment building or community center.)
(ii) Bank or similar institution. (First floor only of

an apartment building or community center.)
(iii) Professional office.
(iv) Indoor recreation facility, fitness center,

clubhouse or community center.
(v) Rental, sales or administrative offices or

maintenance facility for the Age Restricted Housing
development.
(vi) Gate house (security hut) and appurtenances

related thereto (gates, automated card readers and similar
facilities)
(vii) Similar use(s) to those enumerated in subsections

(i) through (vi) above. The applicant shall demonstrate that
said use(s) shall provide a service or amenity to the
residents of the proposed Age Restricted Housing development
and shall have no adverse impacts on uses external to said
development.
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(viii) Certain additional uses shall be developed in

conjunction with an Age Restricted Housing development
including the following:
a) Community Center for the use of residents of

the community or their guests. Development of the
Community Center shall occur in the first phase of any
multi-phase project. The Community Center shall provide
at least thirty (30) square feet of area for each
household in the development it is to serve, provided,
however, that it shall have a minimum of six thousand
(6,000) square feet. A Community Center may include
kitchen, dining, and banquet facilities; lobby(ies) or
other common gathering areas; meeting rooms; locker
rooms, rest rooms, exercise facilities and swimming
pools.
b) Outdoor recreational facilities for the

exclusive use of residents of the community or their
guests, including tennis courts,
fitness/jogging/walking/bicycling trails, practice golf
green, swimming pools or similar facilities.
(c) Lot, yard, and bulk regulations. In case of each lot or tract
of land developed for an Age Restricted Housing development, the following
area and height regulations shall apply:
(1) Lot/tract area. The total gross tract area for a

development in the Age Restricted Housing development shall be not
less than twenty (20) acres.
(2) Density. Density of dwelling units shall not exceed six

(6) units per acre in the MDR Zoning District and four (4) units per
acre in the LDR Zoning District. In the computation of density, the
number of units shall be rounded down to the nearest whole number.
Compliance with the standards in this ordinance does not guarantee
that the maximum number of dwelling units will be achievable in all
cases. The applicant’s ability to develop the maximum number may be
reduced as a result of the applicant’s choices of dwelling types,
building and/or lot sizes, physical constraints of the development
site, or other factors. The area of the tract used to calculate the
allowable density shall not include lands within existing street
rights of way existing utility easements or lands within the
(3) Impervious surface coverage. A maximum impervious

surface coverage of sixty percent (60%) of the total lot or tract
area shall be permitted. Said limitation shall apply to the overall
development and not to individual building areas or lots into which
the larger development may be subdivided. The areas which are not
impervious shall be improved with lawn or other suitable ground
covers and other landscaping.
(4) Each of the following maximum and minimum dimensional

requirements shall apply to single-family detached residences,
single-family semi-detached townhouses and condominiums within an
Age Restricted Development:
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Minimum Regulations
Single Family Single Family Condominiums Accessory

Detached Semi-detached Townhouses Uses
Lot Area 7500 sq ft 5000 sq ft 2000 sq ft ----- -----

Lot Width 50 ft 50 ft 20 ft ----- -----
Building setback
from curb 20 ft 20 ft 20 ft 40 ft 40 ft
Rear Yard 20 ft 20 ft 25 ft 60 ft 40 ft
(building to (building to
building) building)
Side Yard (each) 7.5 ft 7.5 ft 30 ft 60 ft 40 ft
(building to(building to (building to
building) building) building)
Maximum Regulations
Single Family Single Family Condominiums Accessory

Detached Semi-detached Townhouses Uses
Building Height 35 ft 35 ft 35 ft 35ft 35 ft
Building Height for this Section shall be the vertical distance measured
from the average elevation of the finished grade at the front two
corners of the building to the highest point of habitable space in the
building, provided that a roof pitched to a single peak is provided in
accordance with the architectural standards set forth herein.
Building Length shall not exceed one hundred eighty feet (180’) for
Townhouses or Condominium units.
50’ minimum set-back for all buildings or accessory uses from perimeter
tract boundary.
If zero lot lines are utilized, the Lot Area and Lot width
requirements shall not apply.
(d) Lotting Exclusion. In order to allow the maximum flexibility

in site design and ownership arrangements, lotting is not required in any
development built pursuant to this Subsection. However, in cases where
lots are not utilized the distances between units and road rights-of-way
(or equivalent rights-of-way in the case of private roads) shall be the
same as if lot lines are provided. However, along lot lines on which any
form of zero-lot line single-family detached dwelling unit is coincident,
a maintenance easement shall be required on any abutting lot, the minimum
width of which shall be five (5) feet.
(e) Development Regulations. In addition to the other regulations

of this district, the following requirements shall apply:
(1) The proposed development is intended to be “55 or Over

Housing” within the meaning of the Fair Housing Act (42 U.S.C.A. §
3601 et seq.), so as to qualify as “housing for older persons”
within the meaning of the Fair Housing Act and shall be deed
restricted accordingly. The construction, interpretation and
enforcement of this restriction shall be done in manner consistent
with such requirements. This restriction shall be subject to all
applicable federal and state laws concerning “housing for older
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persons”. Occupancy of any dwelling unit shall be restricted to

persons 55 years of age or over (“age qualified”), provided,
however, that a person who is age qualified may occupy such unit
with such person’s spouse, regardless of age, and with a child 19
years of age or over who is not enrolled in secondary school. No
occupancy shall be permitted by any person who is or intends to have
as a permanent resident in the unit, a person under the age of 19
years unless such person is a handicapped dependent protected by the
provisions of the Fair Housing Act. A permanent resident is a person
who resides in a dwelling unit for thirty (30) or more consecutive
days. Permitted visitations shall not exceed thirty (30) consecutive
days.

this chapter to promote the health, safety, morals, and general
welfare of the township.

circulation and open spaces, planned and designed as an integrated
(4) In any case where a repair or processing activity is

permitted in conjunction with a personal service shop, custom shop
or similar use, any such activity shall, if located on the ground
floor, be effectively screened from the front portion of the
building used by customers by a wall or partition.

permitted outside a building, and no merchandise shall be displayed
on the exterior of a building.

accessways or automobile parking facilities.

the development without undue congestion to or
interference with normal traffic flow.

placed underground.
(9) Concrete sidewalks shall be constructed on each street

or road abutting the lot unless other suitable pedestrian trails are
constructed based upon specifications approved by the Township.

sewage disposal system and public water supply.
(11) Landscaping, including a buffer, shall be planted around

the perimeter of the entire tract in accordance with Section 517 of
the Amity Subdivision and Land Development Ordinance.

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the Age Restricted Housing development and overall township

development.
(f) Parking. Parking shall be in accordance with Section 924 of

this Chapter. In addition, no parking lots shall be permitted within
twenty-five feet (25’) of a property line or ultimate right-of-way line.
(g) Open Space. A minimum of thirty percent (30%) of the gross

tract area shall be permanently reserved as open space. In the Open Space,
the following shall apply:

(2) Adequate open space area shall be provided for active

use, and shall be developed in such manner and with facilities
compatible with the population who will reside in the community.
(3) The open space and recreation plan for any development
proposed pursuant to this district shall be submitted for review by
the Township Park and Recreation Board.
(4) All open space areas provided, exclusive of any offered

by a homeowners’ association or similar entity, as approved by the
Township Board of Supervisors.
(5) The Open Space shall be deed restricted to prohibit

further development thereon.
(6) No more than 10% of the required common open space shall
include areas devoted to stormwater management facilities. An
additional fifteen percent (15%) of the required common open space
may include areas devoted to stormwater management facilities
provided that such facilities are designed as structural BMPs as
defined in Chapter 6 of the Pennsylvania Stormwater Best Management
Practices Manual, excluding dry extended detention basins, and are
incorporated into the overall landscape design of the surrounding
open space
(h) Access Restriction. No dwelling unit within the Age

Restricted Housing development may take access directly from any existing
road in the Township.
(i) Architectural Standards. Age Restricted Housing development

dwellings shall be subject to the following standards:
(1) The applicant shall prepare a set of architectural

characteristics for the single family, semi-detached, townhomes and
community center in the development, including floor plans,
elevations, prospective sketches, and building materials, for
approval by the Board of Supervisors, with the advice of the
Township Planning Commission. Building styles, bulk, window and door
placement, roof pitch and proportions shall be compatible with the
existing character of the area. A minimum of six different exterior
designs will be required to provide a more interested visual
variety. A minimum of twenty-five percent (25%) of the total of all
four exterior sides of the façade of each unit shall be constructed
of brick or stone materials. In the event that more than three
townhouses are connected together, each unit and each group of units
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must be located with different set backs from the street line.
Major architectural features, such as structural bay windows,
porticoes, front porches and dormers, shall be required for a
minimum of twenty-five percent (25%) of the Age Restricted Housing
development dwelling units.
(2) The architectural characteristics of all buildings shall

be approved as a condition of the Plan and shall be recorded in the
Office of the Recorder of Deeds in and for Berks County,
Pennsylvania.
(3) When condominium buildings are proposed for development

on a tract in the Age Restricted Housing development, the buildings
shall incorporate pitched roofs with a minimum pitch of 5/12. In
addition, at least forty (40%) percent of the total of all four
building facades shall be constructed of brick or stone.
Substitutions for said materials may be authorized by the Board of
Supervisors upon review of elevation drawings and/or a rendering
submitted by the applicant. Condominium buildings shall provide
offsets to the front and rear building designs at a minimum of every
sixty (60) feet.
(4) Typical elevations for the various types of dwelling

units, using various architecturally pleasing materials, shall be
presented to and approved by the Board of Supervisors.

design.
(j) Streets. Consideration will be given to street width waivers

if adequate guest parking is provided. This waiver shall be in the sole
discretion of the Board of Supervisors. Development of streets together
with alleys with rear entry garages and parking for townhouses is
encouraged. Boulevard entrances shall be required for all entrances to the
development.
(k) Declaration of restrictive covenants. Accompanying the Plan,

a Declaration of Restrictive Covenants must be presented and approved by
the Township and recorded. Said Declaration shall provide all of the
restrictions necessary to assure that a proposed development will operate
as depicted on the Plan and be in compliance with the Federal Fair Housing
Act amendments of 1988, as amended. The following are the minimum
requirements for the Declaration:
(1) Provisions for the establishment of a Homeowners

Association(s) or other similar entity as approved by the Township,
with mandatory membership by the current owner of each dwelling unit
represented in the Plan.

include, at a minimum, members of the aforementioned Association(s),
developer, mortgagees of any lot and/or building on the tract, legal
entity responsible for the operations of the community center and
its associated facilities, and any other parties having any interest
in all or any part of the proposed development, and the Township.
Provisions shall be included to permit Township enforcement of the
restrictions contained in the Declaration, in the event that the
responsible association(s) or other entities, fail to do so.
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(3) Cross easements shall be included, which shall assure

proper circulation throughout the development and access to all
common recreation and open space areas, roadways and common parking
areas.
(4) Maintenance provisions shall be included for any

community/recreation center and related facilities, other
recreational facilities, circulation network, common parking areas,
landscaping and all other areas not individually controlled by a
homeowner in fee title.

parking, or other similar improvements, be prohibited on any lots to
be utilized solely for open space purposes, as indicated on the most
currently approved Plan.
(6) Provisions stipulating each lot owner/resident’s rights

with respect to common areas.
(7) Residency restrictions applicable to an Age Restricted

Housing development shall be included in the Declaration of
Restrictive Covenants and as additionally specified herein.
Residents of an Active Adult Community shall be limited by Deed
Restriction, and by lease where applicable, to households including
at least one permanent resident age fifty-five (55) years or older,
and shall prohibit occupancy by any person age eighteen (18) or
younger, except as follows:
(i) Individual units may occasionally house persons

younger than age eighteen (18), such as grandchildren,
provided they reside within the unit for less than sixty (60)
days in any calendar year.
(ii) This subsection shall not require members of a

household to move out of a dwelling unit if they qualified for
residency at the time of their initial occupancy and no longer
meet the requirements for residency because a resident age
fifty-five (55) or older died, divorced, was placed in a
nursing or other similar assisted care facility or experienced
a similar circumstance.
(iii) The applicant shall prove to the satisfaction of

the Board of Supervisors that an appropriate entity, such as a
homeowners association, will have appropriate authority
through deed restrictions or similar mechanisms to ensure
compliance with the age limitations.


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Part 10
Nonconformities
Section 1001. Application and Intent.
(a) Within the zoning districts established by this Chapter or

subsequent amendments thereto, there exists or will exist certain
nonconformities which, if lawful before this Ordinance was passed or
amended, may be continued, subject to certain limitations, although such
nonconformities would be prohibited, regulated or restricted under the
terms of this Chapter or future amendments thereto.
(b) To avoid undue hardship, nothing in this Chapter shall be

deemed to require a change in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior to the
effective date of adoption or amendment of this Ordinance and on which
actual building construction has been diligently carried on.
Section 1002. Nonconforming Lots of Record.
(a) Any lot shown on a recorded subdivision plan on the effective

date of this Ordinance or after the enactment of subsequent amendments
thereto which does not meet the minimum size or width requirements of the
zoning district in which it is located may be used for a use permitted by
use regulations of that district provided that all yard, height, coverage
and open space requirements of the zoning district shall be met; provided,
however, that when a subdivider has had an application for approval of a
preliminary or final subdivision plan approved prior to the effective date
of this Ordinance, no provision and/or regulation in this Chapter shall be
applied to affect adversely the right of the subdivider to commence and
complete any aspect of the approved preliminary or final plan within such
time periods as are established within the Pennsylvania Municipalities
Planning Code (Act 247), as amended.
(b) Any lot held in single and separate ownership on the effective
date of this Ordinance or after the enactment of subsequent amendments
thereto which does not meet the minimum size or width requirements of the
zoning district in which it is located may be used for any use permitted
in that district provided that all yard, height, coverage and open space
requirements of the district are met; provided, however, that if two (2)
or more lots, combination of lots, or portions of lots with continuous
frontage in single ownership are of record at the time of passage or
amendment of this Ordinance, and if all or part of the lots do not meet
the requirements established for lot width and/or area, the land involved
shall be considered to be an undivided parcel for the purpose of this
Chapter, and no portion of said parcel shall be used or sold in a manner
which diminishes compliance with lot width and/or area requirements
established by this Chapter, nor shall any division of any parcel be made
which creates a lot with width or area below the requirements stated in
this Chapter.
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Section 1003. Nonconforming Uses of Land. Lawful uses of land, which at

the effective date of this Ordinance or subsequent amendment thereto become
nonconforming, such nonconforming use or uses may be continued by the present or
any subsequent owner so long as it remains otherwise lawful, subject to the
provision listed with the following subsections.
(a) Extension. A nonconforming land use shall not be enlarged,

increased and/or extended in order to occupy a greater area of land than
was occupied at the effective date of adoption or amendment of this
Ordinance.
(b) Discontinuance. Whenever a nonconforming use has been

discontinued for a period of twelve (12) consecutive months, such use
shall not thereafter be re-established, except if the owner of such
property files within thirty (30) days of the date of discontinuance a
certificate of intention to maintain such use. If such certificate is
filed the time period which a nonconforming use may be discontinued and
still be re-established shall be extended by a twelve (12) month period.
(c) Changes or Moving of Use. A nonconforming use, if changed to

a conforming use, shall not thereafter be changed back to any
nonconforming use. A nonconforming use may be changed to a conforming use
or to a nonconforming use of a less offensive nature. A nonconforming use
shall not be moved in whole or in part to any portion of the lot or parcel
other than that occupied by such at the effective date of adoption or
amendment of this Ordinance.
(d) Additional Structures. No additional structures not

conforming to the requirements of this Chapter shall be erected in
connection with such nonconforming use of land.
Section 1004. Nonconforming Structures or Buildings. Lawful nonconforming

structures or buildings which at the effective date of this Ordinance or
subsequent amendment thereto become nonconforming by reason of restrictions on
area, lot coverage, height, yards, its location on the lot, or other requirements
concerning the building or structures, may be continued as long as they remain
otherwise lawful, subject to the provisions listed in the following subsections.
(a) Enlargement.
(1) A nonconforming use, building or structure shall not be

enlarged or increased upon land not owned, leased or under option to
purchase at the time of the enactment of this Ordinance.
(2) A nonconforming building or structure shall not be

enlarged, increased, repaired, maintained or modified in any manner
which will further violate any applicable dimensional requirements
imposed by this Chapter, except that a principal building which
existed at the effective date of this Ordinance which is
nonconforming as to a yard requirement may have repairs,
improvements, modifications and/or additions made to those portions
of the building located within the required yard. All such repairs,
improvements, modifications and/or additions shall not further
increase or extend into the required yard.
(3) Total future expansion of a nonconforming use shall not

exceed fifty percent (50%) of the area occupied by the use at the
time of the effective date of this Ordinance.
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(b) Damage or Destruction. A nonconforming building or structure

which has been damaged by fire, explosion, accident and/or calamity may be
reconstructed and used for the same nonconforming use, provided that the
reconstructed building or structure does not exceed the area, volume and
height of the destroyed buildings or structure. In addition, building
reconstruction shall be started within one (1) year from the date the
building or structure was destroyed and shall be carried through without
interruption.
(c) Moving of Structure. No nonconforming structure or building

shall be, for any reason, moved for any distance unless it shall
thereafter conform to the regulations for the district in which it is
located after it is moved.

Section 1005. Nonconforming Use of Structures or Buildings or of Buildings

and Land in Combination. Lawful nonconforming structures or buildings, or
structures or buildings and land in combination, which exist at the effective
date of this Ordinance or subsequent amendments thereto, that would not be
allowed in the district under the terms of this Chapter, may be continued so long
as it remains otherwise lawful, subject to the provisions listed in the following
subsections.
(a) Enlargement.
(1) An existing structure devoted to a use not permitted by

this Chapter in the district where it is located may be enlarged,
extended, constructed, reconstructed or structurally altered up to
but not more than twenty five percent (25%) of its floor and/or use
area as it existed at the time of the passage of this Ordinance or
subsequent amendment, provided that the lot or lots upon which the
nonconforming structure is situated where in single ownership or
long-term lease (ten (10) years or more) and purchased or leased
prior to the enactment or amending of this Ordinance.
(2) Any enlargement, extension, construction, reconstruction

or structural alteration must conform to all other regulations of
the zoning district in which it is located. This provision may be
used only once for each nonconforming structure.
(3) Any nonconforming use may be extended throughout the

building which was in use for the nonconforming use at the time of
adoption of this Ordinance, but no such use shall be extended to
occupy any land outside such building unless provided for under this
Section.
(b) Change of Use. A nonconforming use of a structure, or premises

and structure, may be changed to another nonconforming use provided that
the proposed use is equally appropriate or more appropriate to the
district than the existing nonconforming use. Such determination shall be
made by a special exception granted from the Zoning Hearing Board which
shall take into consideration, among other things, the intent of the
provisions for the district.
(c) Discontinuance. Any structure, or structure and land in

combination, in or on which a nonconforming use is superseded by a
permitted use, shall thereafter conform to the regulations for the
district, and the nonconforming use may not thereafter be resumed. When a
nonconforming use of a structure, or structure and premises in
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combination, is discontinued or abandoned for twelve (12) consecutive

months, the structure or structure and premises in combination, shall not
thereafter be used except in conformity with the regulations of the
district in which it is located.
(d) Destruction. Where nonconforming use status applies to a

structure and premises in combination, removal or destruction of the
structure shall eliminate the nonconforming status of the land and use.
Destruction for the purpose of this Subsection is defined as damage to an
extent of more than seventy-five percent (75%) of the market value at the
time of destruction.
Section 1006. Unsafe or Unlawful Structures. If a nonconforming structure

or building or portions thereof containing a nonconforming use becomes physically
unsafe due to lack of repairs and maintenance, and is declared by a duly
authorized official appointed by the Board of Township Supervisors to be unsafe
by reason of physical condition, it shall not thereafter be restored, repaired or
rebuilt except in conformity with the regulations of the district in which it is
located. (Ordinance 130, December 9, 1991, Section 1006)
Section 1007. Permitted Special Exception Uses. Any use which is

permitted as a special exception in a zoning district under the terms of this
Chapter (other than a change through Zoning Hearing Board action from one
nonconforming use to another nonconforming use) shall not be deemed a
nonconforming use in such zoning district, but shall without further action be
considered a conforming use. (Ordinance 130, December 9, 1991, Section 1007)
Section 1008. Registration of Nonconformities. To facilitate the

administration of this Chapter, the property owner shall inform the Township
Zoning Officer as to the status of a nonconforming use, lot, structure or
building. The burden of proof that the use, lot, structure or building is a
nonconformity shall be the responsibility of the property owner. All known
nonconformities shall be a matter of public record and shall constitute
sufficient notice and the limitations therein express and implied to any
transferee acquiring any right to use or own such property. (Ordinance 130,
December 9, 1991, Section 1008; as amended by Ordinance 164, April 26, 1999,
Section 38)
Section 1009. Certification of Intention.
(a) A Certificate of Intention shall be required in all instances

where a nonconforming use of land or nonconforming use of a structure or
building is discontinued if the owner or operator of such uses desires to
maintain such a nonconforming use.
(b) The Zoning Officer shall maintain proper forms for the
registration of any Certificate of Intention. It shall be incumbent upon
the owner or applicant to file such a form with the Zoning Officer. The
filing of such form shall be considered a ministerial duty of the Zoning
Officer, who shall not refuse to accept the completed form.
(c) The Zoning Officer shall maintain a record of all Certificates

of Intention.
(d) Each Certificate of Intention shall be valid for three (3)

years.
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Part 11
Section 1101. General Procedures.
(a) Persons desiring to undertake any new construction, structural

or site alteration, or changes in the use of a building or lot shall apply
to the Township Zoning Officer for a Zoning Permit by filling out the
appropriate application form and by submitting the required fee.
(b) The Zoning Officer shall either issue the Zoning Permit or
shall refuse the Permit, indicating in writing the reason for refusal.
Certain construction, alterations or uses require approval of the Zoning
Hearing Board and/or the Board of Supervisors and/or the Planning
Commission.
(c) If refused a Permit by the Zoning Officer, the applicant may

appeal to the Zoning Hearing Board for further consideration.
(d) After the Zoning Permit has been received by the applicant, he
may undertake the action permitted by the Zoning Permit.
(e) Upon completion of such action, the applicant may apply to the
Township Zoning Officer for an Occupancy Permit (where such a permit is
required).
(f) If the Zoning Officer finds that the action of the applicant
is in accordance with the Zoning Permit and any other required permits, he
shall issue an Occupancy Permit allowing the premises to be occupied.
Section 1102. Permits and Certificates.
(a) Zoning Permit.
(1) No person shall erect, alter, convert, move or add to

any building, structure, permanent sign or temporary sign (pursuant
to Sections 927 (g)(1), 927 (f)(1) and 927 (i)(1)), or alter the use
of any land or structure, until the Zoning Officer issues a Zoning
Permit to the person/applicant for said change or construction. No
Zoning Permit is required for normal maintenance and repairs.
(2) A Zoning Permit for a permitted use may be issued by the

Zoning Officer. A Zoning Permit for a use requiring a special
exception or variance shall be issued by the Zoning Officer only
upon the written order and consent of the Zoning Hearing Board after
all hearing procedures. An applicant for a special exception,
variance, or for interpretation of any part or provisions of this
Chapter shall be made to the Zoning Hearing Board on forms which may
be obtained from the Township Secretary. Any uses permitted by right
or by special exception that is subject to any conditional uses to
those applicable provisions which may apply to the use. The Board of
Supervisors and the Planning Commission shall regulate all
conditions specified under Part 9 of this Chapter.
(3) All applications shall be made in writing and shall be

accompanied by three (3) sets of plans indicating or illustrating
the following information if applicable:
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(i) The actual dimensions and shape of the lot to be

built upon prepared by a licensed surveyor or engineer;
(ii) The exact size and location on the lot of

buildings, structures or signs existing and/or proposed
extensions thereto prepared by a licensed surveyor or
engineer;
(iii) The number of dwelling units, if applicable;
(iv) Parking spaces provided and/or loading facilities;
(v) Statement indicating the existing or proposed use;
(vi) Height of structure, building or sign;
(vii) All other information necessary for such Zoning

Officer to determine conformance with and provide for
enforcement of this Chapter;
(viii) A detailed scaled drawing of the signs showing

intended location and stating how it shall be affixed;
(ix) A statement indicating the type of construction

and the manner of installation for signs, together with the
materials to be used;
(x) A written agreement that the applicant is the

owner of the premises on which the sign will be erected or
that the applicant has obtained the consent of the owner or
lessee of such premises to erect such sign; and
(xi) A written agreement that the sign shall be erected

according to the accompanying plans and specifications.
(4) One (1) copy of the plans shall be returned to the

applicant by the Zoning Officer after he shall have marked such
copies either as approval or disapproval and attested to the same by
his signature on such copy. One (1) copy of such plans shall be
retained by the Zoning Officer for his permanent records and one (1)
copy shall be retained by the Board of Supervisors.
(5) Approval or denial of the requested Zoning Permit shall

be made not later than thirty (30) days from the date of
application. In denying a zoning application the Zoning Officer
shall inform the applicant of the reasons for denial and specify the
provision(s) of this Chapter which has not been satisfied.
Applicants shall be informed of their rights of appeal and provided
with all necessary information to pursue such appeals.
(6) Zoning permits shall expire within six (6) months from
date of issuance, if the work described in any permit has not begun.
If the work described in any zoning permit has begun, said permit
shall expire after one (1) year, exclusive of any time required for
administration and permitting, from date of issuance thereof, within
which time said work shall be completed.
(b) Certificate of Use and Occupancy.
(1) A Certificate of Use and Occupancy shall be required

upon the completion of the work authorized. It shall be unlawful to
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use and/or occupy any structure, building and/or portions thereof in

any manner until a Certificate of Use and Occupancy has been issued
by the Zoning Officer.
(2) The application for Certificate of Use and Occupancy

shall be submitted on such form as the Zoning Officer may prescribe.
(3) The Zoning Officer shall inspect any structure,

building, sign and/or land or portions thereof and shall determine
the conformity therewith. If satisfied that the completed work is in
conformity with this Chapter and with the work listed in the Zoning
Permit, a Certificate of Use and Occupancy shall be issued.
(4) A Certificate of Use and Occupancy shall be granted or

refused, in writing, within ten (10) days from the date of
application.
(5) In zones in which performance standards are imposed, no

Certificate of Occupancy shall become permanent until thirty (30)
days after the facility is fully operating and only after, upon
reinspection by the Zoning Officer, it is determined that the
facility is in compliance with the zoning performance standards.
After said reinspection the Zoning Officer shall notify the
applicant that the facility is in full compliance with all
performance standards and that the Certificate of Use and Occupancy
is permanent or that the facility does not comply and that the
Certificate of Use and Occupancy is still temporary. In no case
shall a temporary Certificate of Use and Occupancy extend ninety
(90) days past the date of reinspection.
(c) Certificate of Nonconforming Use or Structure.
(1) The owner of the premises occupied by a lawful

nonconforming use or structure may secure a Certificate of
Nonconforming Use or Structure from the Zoning Officer.
(2) Such Certificate shall be authorized by the Zoning

Officer and shall certify to the owner his right to continue such
nonconforming use or structure.
(Ordinance 130, December 9, 1991, Section 1102; as amended Ordinance 294, June
15, 2016, Section 12)
Section 1103. Zoning Officer.
(a) Appointment.
(1) The Zoning Officer shall be appointed by the Board of

Supervisors and shall not hold any elective office that conflicts
with his or her normal duties.
(2) The Zoning Officer or staff shall continue to serve the

Township until such time as the Board of Supervisors declares
otherwise.
(b) Duties and Powers. It shall be the duty of the Zoning Officer
to enforce literally the provisions of this Chapter, as amended, and shall
have such duties and powers as are conferred by this Chapter and as are
reasonably implied for that purpose. The Zoning Officer's duties shall
include but are not limited to the following:
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(1) Receive applications for and issue zoning permits and

sign permits as permitted by the terms of this Chapter.
(2) Keep an official record of all business and activities,

including complaints of a violation of any of the provisions of this
Chapter and of the action taken consequent to each such complaint.
All such records shall be open to public inspection. File copies of
all applications received, permits issued, and reports and
inspections made in connection with any structure, building, sign
and/or land shall be retained as long as the structures, etc.,
remain in existence.
(3) Make inspections as required to fulfill his duties. He

shall have the right to enter any building or structure or enter
upon any land at any reasonable hour in the course of his duties.
(4) Issue permits for special exception uses, conditional

uses and for variances only after such uses and/or buildings have
been approved by the Zoning Hearing Board or the Governing Body in
accordance with the regulations of this Chapter.
(5) Be responsible for keeping this Chapter and the Zoning

Map up-to-date so as to include all amendments thereto.
(6) Issue Certificates of Use and Occupancy in accordance

with the terms of this Chapter.
(7) Review and register nonconforming uses, lots,

structures, buildings or signs as submitted by the property owner.
(8) Perform such other duties as may be required for the

administration of this Chapter.
(c) Notice of Violations. The Zoning Officer shall serve a notice

of violation on any person, firm, corporation or partnership responsible
for violating any of the provisions of this Chapter, or in violation of a
detailed statement or a plan approved thereunder. Notice of violation
shall be in writing, indicating the nature of the violation and action
necessary to correct the same. If the notice of violation is not complied
with, the Zoning Officer is hereby authorized to file a complaint with the
district magistrate located closest to the site of the alleged violation.

Section 1104. Zoning Hearing Board.
(a) Creation and Membership.
(1) The Township Board of Supervisors hereby creates a

Zoning Hearing Board, herein referred to as the "Board", consisting
of residents of the Township appointed by the Township Board of
Supervisors pursuant to the Pennsylvania Municipalities Planning
Code, as amended, who shall be appointed and serve and shall perform
all the duties and have all the powers as prescribed by said Code
and this Chapter.
(2) The Township Supervisors may appoint alternate members
of the Zoning Hearing Board pursuant to the provisions of the Code,
as amended. The alternate members may serve as provided in the Code.
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(b) Organization.
(1) The Zoning Hearing Board shall elect from its own
membership its officers, who shall serve annual terms as such and
may succeed themselves. For the conduct of any hearing and the
taking of any action, a quorum shall be not less than a majority of
all the members of the Zoning Hearing Board. The Zoning Hearing
Board may appoint a hearing officer from its own membership to
conduct any hearing on its behalf and the parties may waive further
action by the Zoning Hearing Board as provided in Section 1105. The
Zoning Hearing Board may make, alter and rescind rules and forms for
its procedures, consistent with the ordinances of the Township and
the laws of the State. Meetings shall be held at the call of the
Chairman and at such other times as the Zoning Hearing Board may
determine.
(2) All meetings of the Zoning Hearing Board shall be open

to the public. The Zoning Hearing Board shall keep full public
records of its business and shall submit a report of its activities
to the Board of Supervisors once a year.
(c) Expenditures and Compensation. Within the limits of funds

appropriated by the Board of Supervisors, the Zoning Hearing Board may
employ or contract for secretaries, clerks, legal counsel, consultants and
other technical and clerical services. Members of the Zoning Hearing Board
may receive compensation for the performance of their duties, as may be
fixed by the Board of Supervisors, but in no case shall it exceed the rate
of compensation authorized by the Board of Supervisors.
(d) Procedures for Application. The Zoning Hearing Board shall

act in strict accordance with the procedures specified by the Pennsylvania
Municipalities Planning Code, as amended, and as it may be amended, and by
this Chapter. All appeals and applications made to the Zoning Hearing
Board shall be in writing, on forms prescribed by the Zoning Hearing
Board. Every appeal or application shall refer to the specific provision
of this Chapter involved and shall exactly set forth the interpretation
that is claimed, the grounds for any challenges to validity of this
Chapter, the use for which a special permit is sought, or the details of
the variance that is applied for and the grounds on which it is claimed
that the variance should be granted, as the case may be. In all cases, the
Zoning Hearing Board shall request the Board of Supervisors and the
Township Planning Commission to review and comment on the application
prior to rendering a decision.
Section 1105. Functions of the Zoning Hearing Board. The Zoning Hearing
Board shall have the functions authorized in the Pennsylvania Municipalities
Planning Code, as amended. The jurisdiction of the Zoning Hearing Board and the
Township Board of Supervisors, and the procedures to be followed by each, shall
be as established in said Code.
(a) Variances. The Zoning Hearing Board shall hear requests for
variances where it is alleged that the provisions of this Chapter inflict
unnecessary hardship upon the applicant. In granting any variance the
Zoning Hearing Board may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of this Chapter and the
Pennsylvania Municipalities Planning Code, as amended. The Zoning Hearing
Board may, by rule, prescribe the form of application and may require
preliminary application to the Zoning Officer. In all cases, the Zoning
Hearing Board shall request the Board of Supervisors and the Planning
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Commission to review and comment on the application prior to rendering a

decision. The Zoning Hearing Board may grant a variance provided that all
the following findings are made where relevant in a given case:
(1) That there are unique physical circumstances or

conditions, including irregularity, narrowness or shallowness of lot
size or shape, or exceptional topographical or other physical
conditions peculiar to the particular property, and that the
unnecessary hardship is due to such condition, and not circumstances
or conditions generally created by the provisions of this Chapter in
the neighborhood or district in which the property is located;
(2) That because of such physical circumstances or

conditions, there is no possibility that the property can be
developed in strict conformity with the provisions of this Chapter
and that the authorization of a variance is therefore necessary to
enable the reasonable use of the property;
(3) That such unnecessary hardship has not been created by

the appellant;
(4) That the variance, if authorized, will not alter the

essential character of the neighborhood or district in which the
property is located, nor substantially or permanently impair the
appropriate use or development of adjacent property, nor be
detrimental to the public welfare;
(5) That the variance as granted by the Zoning Hearing Board

is the minimum variance that will afford relief and will represent
the least modification possible of the regulation in issue.
(6) The approval of a variance if authorized by the Zoning

Hearing Board, which anticipates construction or modification of a
structure, creation of new or revised lot lines or dimensional
standards for a property or structure situated thereon, shall be
valid and remain in effect for a term of one (1) year from the date
of said approval and shall thereafter expire and be void, unless
said construction, modification, new or revised lot lines or
dimensional standards or change of use or occupancy be initiated
within said one (1) year term or said term is expressly extended as
part of the initial approval. In the event that the activity
anticipated by the variance should not be initiated within one (1)
year of the approval or such additional term as may be expressed in
the approval, or should the activity which is the subject of the
variance be discontinued, the premises or structure or structure
situated thereon shall not thereafter be used except in conformity
with the regulations of the district in which it is located.
(b) Special Exceptions. The Zoning Hearing Board shall hear and
decide, upon application, only such special exceptions which the Zoning
Hearing Board by the provisions of this Chapter is specifically authorized
to issue. The granting of a special exception when specifically authorized
by the terms of this Chapter shall be subject to the following standards
and criteria. The applicant for a special exception shall demonstrate, as
a condition to approval of his application, compliance with these criteria
and those criteria specified elsewhere in this Chapter for the use in
question. In all cases, the Zoning Hearing Board shall request the Board
of Supervisors and the Planning Commission to review and comment on the
application prior to rendering a decision.
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(1) Such use shall be one which is specifically authorized

as a special exception use in the zoning district wherein the
applicant seeks a special exception.
(2) Such special exception shall only be granted subject to

any applicable condition and safeguards as required by this Chapter.
(3) Such use shall not adversely affect the character of the
general neighborhood, nor the conservation of property values, nor
the health and safety of residents or workers on adjacent properties
and in the general neighborhood.
(4) Such use shall be of such size and so located and laid
out in relation to its access streets that vehicular and pedestrian
traffic to and from such use will not create undue congestion or
hazards prejudicial to the general neighborhood.
(5) Services and utilities shall be made available to

adequately service the proposed use by the applicant.
(6) The granting of the special exception shall be

consistent with the Township Comprehensive Plan.
(7) The approval of a special exception, if authorized by

the Zoning Hearing Board, which anticipates construction or
modification of a structure, creation of new or revised lot lines or
dimensional standards for a property or structure situated thereon,
shall be valid and remain in effect for a term of one (1) year from
the date of said approval and shall thereafter expire and be void,
unless said construction, modification, new or revised lot lines or
dimensional standards or change of use or occupancy be initiated
within said one (1) year term or said term is expressly extended as
part of the initial approval. In the event that the activity
anticipated by the special exception should not be initiated within
one (1) year of the approval or such additional term as may be
expressed in the approval or should the activity which is the
subject of the special exception be discontinued, the premises or
structure or structure situated thereon shall not thereafter be used
except in conformity with the regulations of the district in which
it is located.
In granting a special exception, the Board may attach such

reasonable conditions and safeguards, in addition to those expressed in
this Chapter, as it may deem necessary to implement the purposes of this
Chapter and the Pennsylvania Municipalities Planning Code, as amended.
Section 1106. Hearing Procedures.
(a) Public notice, as defined by law, and written notice shall be

given to the public, the applicant, adjoining property owners of the
applicant property (which includes property owners across the street from
the applicant property), the zoning officer, such other persons as the
Township Board of Supervisors shall designate by ordinance and to any
person who has made timely request for the same. Written notices shall be
given at such time and in such manner as shall be prescribed by ordinance
or, in the absence of ordinance provision, by rules of the Board. In
addition to the written notice provided herein, notice of said hearing
shall be conspicuously posted on the affected tract of land at least one
(1) week prior to the hearing.
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(b) The Township Board of Supervisors may prescribe reasonable

fees consistent with the Pennsylvania Municipalities Planning Code.
(c) The hearing shall be held within sixty (60) days from the date
of the applicant's request, unless the applicant has agreed in writing to
an extension of time.
(d) The hearings shall be conducted by the Board or the Board may
appoint any member as a hearing officer. The decision, or, where no
decision is called for, the findings shall be made by the Board; however
the appellant or the applicant, as the case may be, in addition to the
Township, may, prior to the decision of the hearing, waive decision or
findings by the Board and accept the decision or findings of the hearing
officer as final.
(e) In all cases, the parties to the hearing shall be the

Township, any person affected by the application who has made timely
appearance of record before the Board, and any other person, including
civic or community organizations permitted to appear by the Board. The
Board shall have power to require that all persons who wish to be
considered parties enter appearances in writing on forms provided by the
Board for that purpose.
(f) The chairman or acting chairman of the Board or the hearing

officer presiding shall have the power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production of
relevant documents and papers, including witnesses and documents requested
by the parties.
(g) The parties shall have the right to be represented by counsel.

All such representation shall be confirmed on the record and all
statements presented on behalf of said party shall be binding for the
purposes of administration and enforcement. All parties shall be afforded
the opportunity to respond and present evidence and argument and cross
examine adverse witnesses on all relevant issues.
(h) Formal rules of evidence shall not apply, but irrelevant,

immaterial or unduly repetitious evidence may be excluded.
(i) The Board or the hearing officer, as the case may be, shall
keep a stenographic record of the proceedings. The appearance fee for a
stenographer shall be shared equally by the applicant and the Board. The
cost of the original transcript shall be paid by the Board if the
transcript is ordered by the Board or hearing officer or shall be paid by
the person appealing from the decision of the Board if such appeal is
made, and in either event the cost of additional copies shall be paid by
the person requesting such copy or copies. In other cases the party
requesting the original transcript shall bear the cost thereof.
(j) The Board or the hearing officer shall not communicate,

directly or indirectly, with any party or his representatives in
connection with any issue involved except upon notice and opportunity for
all parties to participate, shall not take notice of any communication,
reports, staff memoranda or other materials, except advise from their
solicitor, unless the parties are afforded an opportunity to contest the
material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
(k) The Board or the hearing officer, as the case may be, shall
render a written decision or, when no decision is called for, make written
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findings on the application within forty-five (45) days after the last
hearing before the Board or the hearing officer. Where the application is
contested or denied, each decision shall be accompanied by findings of
fact and conclusions based thereon together with the reasons therefor.
Conclusions based on any provisions of this act or of any ordinance, rule
or regulation shall contain a reference to the provision relied on and the
reasons why the conclusion is deemed appropriate in the light of the facts
found. If the hearing is conducted by a hearing officer, and there has
been no stipulation that his decision or findings are final, the Board
shall make his report and recommendations available to the parties within
forty-five (45) days and the parties shall be entitled to make written
representations thereon to the Board prior to the final decision or entry
of findings, and the Board's decision shall be entered no later than
thirty (30) days after the report of the hearing officer. Where the Board
fails to render the decision within the period required by this
Subsection, or fails to hold the required hearing within sixty (60) days
from the date of the applicant's request for a hearing, the decision shall
be deemed to have been rendered in favor of the applicant unless the
applicant has agreed in writing or on record to an extension of time. When
a decision has been rendered in favor of the applicant because of the
failure of the Board to meet or render a decision as hereinabove provided,
the Board shall give public notice of said decision within ten (10) days
from the last day it could have met to render a decision in the same
manner as provided in Subsection (a) of this Section. If the Board shall
fail to provide such notice, the applicant may do so. Nothing in the
Subsection shall prejudice the right of any party opposing the application
to appeal the decision to a court of competent jurisdiction.
(l) A copy of the final decision or, where no decision is called

for, of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their name and address with the Board not later
than the last day of the hearing, the Board shall provide, by mail or
otherwise, brief notice of the decision or findings and a statement of the
place at which the full decision or findings may be examined.

Section 1107. Amendments.
(a) Initiation of Amendments. Proposals and/or applications for

amendment, supplement, change, re-zoning, modification or repeal may be
initiated by the Board of Supervisors on its own motion, by the Township
Planning Commission or by request of owners of property subject to the
following provisions:
(1) Proposals Initiated by the Board of Supervisors. The

Board of Supervisors shall refer to every proposed amendment,
supplement, change, modification, re-zoning or repeal originated by
them to the Township Planning Commission at least thirty (30) days
prior to the hearing on said proposal. The Planning Commission shall
submit to the Board of Supervisors a report containing the
Commission's recommendations, including any additional or
modifications to the original proposal.
(2) Proposal Originated by the Township Planning Commission.

The Township Planning Commission may at any time transmit to the
Board of Supervisors any proposal for the amendment, supplement,
change, re-zoning, modification or repeal of this Chapter.
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(3) Proposals Initiated by Others. In the case of

amendment, supplement, change, modification or re-zoning proposed by
other than the Board of Supervisors or the Township Planning
Commission, such proposal shall be submitted to the Board of
Supervisors, together with any application forms or fees as may be
required by the Board of Supervisors. Such proposal shall be
referred to the Township Planning Commission for review and
recommendation at least thirty (30) days prior to the hearing on the
proposal.
(b) Referral to County Planning Agency. At least thirty (30) days

prior to the hearing on the proposed ordinance amendment, re-zoning,
modification, change or supplement, the Board of Supervisors shall submit
the proposal to the County planning agency for its recommendations.
(c) Hearings.
(1) Before voting on the enactment of an amendment, the

Board of Supervisors shall hold a public hearing thereon pursuant to
public notice. No such amendment shall become effective until such
hearing, at which parties in interest and citizens shall have an
opportunity to be heard.
(2) If, after any public hearing held on an amendment, the

proposed amendment is revised, or further revised, to include land
previously not affected by it, the Board of Supervisors shall hold
another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
(3) Public notice, as defined in Act 247, as amended, shall

be given of the time, place and general nature of such hearing and
shall be published in a newspaper of general circulation in the
Township. Public notices of proposed zoning ordinances and
amendments shall include either the full text thereof, or a brief
summary setting forth the principal provisions in reasonable detail,
and a reference to a place where copies of the proposed ordinance or
amendment may be examined.
(d) Post Enactment Procedures.
(1) After enactment, if the advertisement of a zoning

ordinance amendment is required by other laws respecting the
advertisement of ordinances, such advertisement may consist solely
of a reference to the place or places within the Township where
copies of the amendment are available for examination without charge
or may be obtained for a charge not greater than the cost thereof.
(2) Amendments may be incorporated into official ordinance

books by reference with the same force and effect as if duly
reported therein.
(3) Within thirty (30) day of enactment, the Township shall

forward an endorsed copy of the amendment to the Berks County
Planning Commission.
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Section 1108. Curative Amendments.
(a) Procedure for Landowner Curative Amendments.
(1) A landowner who desires to challenge on substantive

grounds the validity of this Chapter which prohibits or restricts
the use or development of land in which he has an interest may
submit a curative amendment to the Board of Supervisors with a
written request that his challenge and proposed amendment be heard
and decided as provided in Sections 609.1 and 916.1 of the
Pennsylvania Municipalities Planning Code (Act 247, as amended).
(2) The Board of Supervisors shall commence a hearing

thereon within sixty (60) days of the request unless the landowner
requests or consents to an extension of time.
(3) The curative amendment shall be referred to the Township

Planning Commission and the County Planning Commission at least
thirty (30) days prior to the hearing to provide both agencies with
an opportunity to submit recommendations.
(4) The hearing shall be conducted in accordance with

procedures established in Section 609.1 of Act 247, as amended.
(5) Within thirty (30) days of enactment of a curative

amendment, the Township shall forward an endorsed copy of the
ordinance/amendment to the Berks County Planning Commission.
(b) Procedure for Municipal Curative Amendments.
(1) Pursuant to Section 609.2 of Act 247, as amended, the

Township, by formal action, may declare this Chapter or portions
thereof substantively invalid and propose the preparation of a
curative amendment to overcome such invalidity. Within thirty (30)
days the Board of Supervisors shall:
(i) By resolution, make specific findings setting

forth the declared invalidity of this Chapter. This may
include references to specific uses which are either not
permitted or not permitted in sufficient quantity; reference
to a class of uses which require revision; or reference to the
entire ordinance which requires revisions.
(ii) Begin to prepare and consider a curative amendment

to correct the declared invalidity.
(2) Within one hundred eighty (180) days from the date of
the declaration and proposal, the Township shall enact a curative
amendment to this Chapter or reaffirm the validity of this Chapter.
The established procedures required by Section 609 of Act 247, as
amended, shall govern the process of enactment of the curative
amendment.
(3) Following the date of enactment of a curative amendment

or reaffirmation of this Chapter, the Township may not again utilize
the curative amendment procedure for a thirty-six (36) month period.
(4) If after the date of declaration and proposal there is a

substantially new duty or obligation imposed on the Township by
statute or Pennsylvania Appellate Court decision, the Township may
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utilize the provisions of this Section to prepare a curative

amendment to this Chapter to fulfill said duty or obligation.
(5) Within thirty (30) days of enactment, the Township shall

forward an endorsed copy of the ordinance/amendment to the Berks
County Planning Commission.
Section 1109. Conditional Uses.
(a) Four (4) copies of an application for permission to conduct a

use permitted by condition shall be submitted to the Township Secretary.
Such application shall include all information specified for a zoning
permit application and any other information necessary to allow the
Township Board of Supervisors to determine that all requirements of this
Chapter have been met. The applicant shall be responsible for all
pertinent costs incurred for the review of the application.
(b) The application procedures for a conditional use hearing shall

be consistent with the requirements specified by the Pennsylvania
Municipalities Planning Code, as amended.
(c) The application shall be reviewed at one or more advertised

meetings of the Township Board of Supervisors.
(d) Conditional uses shall meet the specific standard established

for each use by this Chapter and all other applicable Zoning District
requirements and general regulations established by this Chapter. In
addition, the following standards shall be met:
(1) The use shall be one which is specifically authorized as

a conditional use in the Zoning District wherein the applicant is
seeking a conditional use.
(2) The use conforms with the goals, objectives and policies
of the Township Comprehensive Plan.
(3) The use conforms with the spirit, purposes and intent of
all other applicable provisions of all other Township ordinances.
(4) The use conforms with all pertinent State and Federal
laws, regulations and requirements.
(5) Services and utilities shall be made available to

adequately service the proposed use.
(6) The use will not generate traffic such that hazardous or
unduly congested conditions will result.
(7) The use is appropriate to the site in question.
(8) The use shall not adversely affect the character of the
general neighborhood, nor the health and safety of residents or
workers on adjacent properties and in the general neighborhood.
(e) The Board of Supervisors shall either approve or disapprove

the application within ninety (90) days after the date the application is
received by the Township Secretary.
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(f) The Township Board of Supervisors may attach such additional

reasonable conditions and safeguards as they deem necessary to implement
the purpose of this Chapter and the Pennsylvania Municipalities Planning
Code, as amended.
(g) The granting of permission to conduct a use permitted by

condition does not exempt an applicant from acquiring all approvals
required by the Township's Subdivision and Land Development Ordinance (see
(h) The approval of a conditional use, if authorized by the Board,

which anticipates construction or modification of a structure, creation of
new or revised lot lines or dimensional standards for a property or
structure situated thereon, shall be valid and remain in effect for a term
of one (1) year from the date of said approval and shall thereafter expire
and be void, unless said construction, modification, new or revised lot
lines or dimensional standards or change of use or occupancy be initiated
within said one (1) year term or said term is expressly extended as part
of the initial approval. In the event that the activity anticipated by the
conditional use should not be initiated within one (1) year of the
approval or such additional term as may be expressed in the approval or
should the activity which is the subject of the conditional use be
discontinued, the premises or structure or structure situated thereon
shall not thereafter be used except in conformity with the regulations of
the district in which it is located.

Section 1110. Appeals. All appeals for securing review of this Chapter or
any decision, determination or order of the Board of Supervisors, its agencies or
officers issued pursuant to this Chapter shall be in accordance with all
applicable Sections of Act 247, as amended. Question of an alleged defect in the
process of enactment or adoption of this Chapter shall be raised by an appeal
taken directly from the action of the Board of Supervisors to the court filed not
later than thirty (30) days from the effective date of this Ordinance or the Map.
Section 1111. Filing Fees and Costs.
(a) The Governing Body shall establish a schedule of fees, charges

and expenses and collection procedures for zoning permits, certificates of
occupancy, special exceptions, variances and appeals and other matters
pertaining to this Chapter.
(b) The schedule of fees shall be available for inspection in the

office of the Zoning Officer and may be altered or amended by the
Governing Body.
(c) Until all application fees, charges and expenses have been
paid in full, no action shall be taken on any application or appeal.
Section 1112. Remedies and Penalties.
(a) Remedies. In case any buildings or structures are erected,

constructed, reconstructed, altered, repaired, converted or maintained or
any building, structure or land is used in violation of this Chapter, the
Governing Body or, with its approval, the Zoning Officer, in addition to
other remedies, may institute in the name of the Township any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use to
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restrain, correct or abate such violation, to prevent the occupancy of

said building, structure or land, or to prevent any illegal act, conduct
business or use in or about such premises. The rights and remedies
provided in this Chapter are cumulative and are in addition to all other
remedies provided by law.
(b) Penalties. Any person, partnership or corporation who or

which has violated or permitted the violation of the provisions of this
Chapter shall, upon being found liable therefor in a civil enforcement
proceeding by a municipality, pay a minimum judgment of Twenty-Five
Dollars ($25.00) up to a maximum of Six Hundred Dollars ($600.00) for a
first offense and a minimum of One Hundred Dollars ($100.00) up to a
maximum of Six Hundred Dollars ($600.00) for each consecutive offense. In
addition to the judgment, the liable party shall be responsible for paying
all court costs, including reasonable attorneys’ fees incurred by the
Township as a result of the violation. Each day that the violation is
continued shall constitute a separate offense. All fines collected for the
violation of this Chapter shall be paid over to the Township. All fines
and penalties may be collected by suit or summary proceeding brought in
the name of the Township before any district justice or other appropriate
court with jurisdiction.
Section 1113. Effective Date. The Amity Township Zoning Ordinance of 1991
was enacted by the Township on December 9, 1991. The technical amendments to this
Ordinance were enacted by the Township as follows: Ordinance No. 134 enacted
May 4, 1992; Ordinance No. 146 enacted August 29, 1994; Ordinance No. 160 enacted
April 27, 1998; Ordinance No. 164 enacted April 26, 1999; Ordinance No. 166
enacted October 11, 1999; Ordinance No. 176 enacted December 11, 2000; Ordinance
No. 188 enacted May 6, 2002; Ordinance No. 192 enacted September 16, 2002;
Ordinance 196 enacted April 15, 2003; Ordinance 197 enacted August 5, 2003;
Ordinance 215 enacted July 5, 2005; Ordinance 225 enacted May 16, 2006; Ordinance
No. 229 enacted December 19, 2006; Ordinance 234 enacted April 17, 2007;
Ordinance No. 236, enacted May 16, 2007; Ordinance 237 enacted June 5, 2007;
Ordinance 239 enacted August 21, 2007; Ordinance 246 enacted August 6, 2008;
Ordinance No. 247 enacted October 1, 2008; Ordinance 248 enacted October 1, 2008;
Ordinance 260 enacted October 2, 2009; Ordinance 261 enacted October 21, 2009;
Ordinance 269 enacted December 15, 2010; Ordinance 275 enacted October 5, 2011;
Ordinance 281, enacted December 5, 2012; Ordinance 283, enacted March 19, 2014;
Ordinance 289 enacted July 1,2015; Ordinance 294 enacted June 15, 2016.
XXXII-208
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Part 12
XXXII-209
LAB AMITY CODE 13404-10 C32 07/06/16 #C51471-03
Section 1201. Diagram - Types of Dwelling Units. (Ordinance No. 130,

December 9, 1991, Attachment)
TYPES OF DWELLING UNITS
SINGLE FAMILY DETACHED SINGLE FAMILY SEMI-DETACHED
TWO FAMILY DETACHED TOWNHOUSES OR

SINGLE FAMILY ATTACHED
APARTMENT BUILDING
XXXII-210
LAB AMITY CODE 13404-10 C32 07/06/16 #C51471-03
Section 1202. Diagram - Lot and Setback Requirements. (Ordinance 130,

December 9, 1991, Attachment)
XXXII-211
LAB AMITY CODE 13404-10 C32 07/06/16 #C51471-03
Section 1203. Amity Township Zoning Map. (Ordinance 269, December 15,
2010, Section 5; as further amended by Ordinance 283, March 19, 2014, Section 24)
XXXII-212
LAB AMITY CODE 13404-10 C32 07/06/16 #C51471-03
Section 1204. Diagram 1204 – Monument Sign. (Ordinance 237, June 5,

2007, Section 2)
XXXII-213
LAB AMITY CODE 13404-10 C32 07/06/16 #C51471-03
Section 1205. Diagram 1205 – Post Sign. (Ordinance 283, March 19,
2014, Section 25)
XXXII-214
LAB AMITY CODE 13404-10 appendix 07/06/16 #C83718-02
APPENDIX
The following ordinances are no longer of general interest, primarily

because their provisions were carried out directly after their enactment. Since
they are mainly of administrative and/or historical interest, it has not been
considered necessary to include their entire text. Instead, they are arranged in
groups, according to subject matter, and within each group listed by title in
chronological order. The content of the ordinances, in all necessary detail, is
indexed with each listing. Any person who desires to read the full text of any
of the ordinances may do so by consulting the original Ordinance Books on file in
the Township offices.
The enactments included in this Appendix are grouped under the following
headings:
Appendix A. Administration and Government
Appendix B. Agreements
Appendix C. Bond Issues and Loans
Appendix D. Real Estate
Appendix E. Sewers
Appendix F. Streets and Roads
Appendix G. Water
APPENDIX A
Administration and Government
______________________________________________________________________________
Ordinance No. Description Date

______________________________________________________________________________
181 Adopting the Code of Ordinances; revising, 5/7/2001

amending and repealing certain ordinances;
adopting standard codes by reference;
providing a procedure for amending the Code
and for the citation of the Code and the
effective date thereof; establishing
responsibility for maintenance of the Code;
saving certain provisions from repeal; and
prescribing penalties for violation
A-1
APPENDIX B
Agreements
______________________________________________________________________________

______________________________________________________________________________
133 Authorizing the Township to cooperate with 04/20/1992

the Townships of Oley and Earl, Berks County,
Pennsylvania in the joint purchase and
ownership of a paving machine and related
equipment.
173 Authorizing the Township to join with other 04/01/2000

political subdivisions as a member of the
Berks County Municipal Insurance Purchasing
Group to enter into an Intergovernmental
Agreement for the purpose of joining the Group
and to participate as a member of the Group.
184 Authorizing the Township to enter into an 09/04/2002

Agreement with the County of Berks and other
political subdivisions within the County of
Berks to provide reciprocal emergency
assistance by and between the parties to that
Agreement
207 Authorizing the Township to join with other

11/16/2004 Political subdivisions as a member
of the Pennsylvania Municipal Health Insurance
Cooperative (PMHIC), to enter into an
Intergovernmental Agreement for the purpose of
joining the PMHIC and to participate as a
member of the PMHIC
222 Authorizing execution of a Cable Franchise 01/17/2006

Agreement between the Township and Comcast of
Southeast Pennsylvania, LLC
238 Authorizing the Township of Amity, Berks 06/05/2007

County, Pennsylvania to join with other
participating municipalities to enter into an
Intergovernmental Agreement to establish the
Berks County Uniform Construction Code Board
of Appeals in Cooperating with the County of
Berks
242 An Ordinance of the Township of Amity, Berks 03/19/2008

County, Pennsylvania, authorizing, adopting
and approving a cable franchise agreement
between the Township and Service Electric
Cablevision, Inc.
279 An Ordinance of the township of Amity, Berks 09/19/2012

County, Pennsylvania, authorizing the Township
to enter into an Intergovernmental Cost-
Sharing and Cooperation Agreement with other
municipalities, to participate in the Berks
county MS4 Steering Committee for the purpose
B-1
APPENDIX B
Agreements
______________________________________________________________________________

_____________________________________________________________________________
of meeting the educational requirements of the

2013-2018 MS4 NPDES permit and other services
as may from time to time be deemed necessary,
in order to ensure that proper applications
and annual reports to the Pennsylvania
Department of Environmental Protection are
accomplished for renewal of MS4 permits(s)
required of the Township
284 Ordinance of the Township of Amity authorizing

execution of a Cable Franchise Agreement 04/02/2014
between the township and Comcast of Southeast
Pennsylvania, LLC
288 An Ordinance of the Township of Amity, Berks

County, Pennsylvania, to enter into an 06/03/2015
Intergovernmental Agreement with the Township
of Exeter, Berks County and the Borough of St.
Lawrence, Berks County, to review and revise
their current Joint Comprehensive Plan as a
part of the ten (10) year review required by
the Pennsylvania Municipalities Planning Code,
and to adopt and implement a revised Joint
Comprehensive Plan
B-2
APPENDIX C
Bond Issues and Loans
______________________________________________________________________________
Ordinance No. Bond/Loan Description Date

______________________________________________________________________________
63 To incur debt in the aggregate principal amount 06/20/1975

of $1,755,000; determining that such debt
shall be incurred as lease rental debt to be
evidenced by a series of sewer revenue bonds -
Series of 1975, dated as of June 1, 1975, to
be authorized and to be issued by the Amity
Township Municipal Authority; briefly
describing the project in connection with
which such debt is to be incurred and
specifying the realistic useful life of said
project; authorizing and directing appropriate
officers of the Township to prepare, verify
and file the debt statement and other
appropriate documents required by the Act of
the General Assembly of the Commonwealth of
Pennsylvania, approved July 12,1972, Act No.
185, as amended and supplemented, known as the
“Local Government Unit Debt Act”; approving an
engineering report with respect to certain
self-liquidating debt of the Township;
authorizing appropriate officers of the
Township to execute, attest, acknowledge and
deliver an Agreement of Lease, dated as of
June 1, 1975, between said Authority, as
lessor, and the Township, as lessee, with
respect to said project; approving the form of
said Agreement of Lease by said Authority to
National Bank of Boyertown, as Trustee under a
Trust Indenture, dated as of June 1, 1975, of
said Authority as security; specifying the
lease rentals to be paid by the Township
pursuant to said lease and the source of
payment of such lease rentals; providing for
proper officers of the Township to take all
other required, necessary or desirable related
action in connection with said lease.
75 Authorizing the Township to borrow on a non- 08/19/1977

electoral basis, the sum of $127,000.00 to
provide certain improvements for the Amity
Township Municipal Authority; authorizing the
issuance of a general obligation installment
note to evidence said indebtedness containing
miscellaneous provisions and awarding the
note.
77 To incur debt in the aggregate principal amount 01/07/1978

of $2,140,000 in connection with the refunding
by the Amity Township Municipal Authority of
certain lease rental debt heretofore lawfully
incurred by said Authority; determining that
such debt shall be incurred as lease rental
C-1
LAB AMITY CODE 13404-10 appendix 6/28/16 #C83718
APPENDIX C

______________________________________________________________________________

______________________________________________________________________________
debt to be evidenced by a series of guaranteed

sewer revenue bonds - Series of 1978, dated as
of January 15, 1978, to be authorized and to
be issued by said Authority; briefly
describing the project in connection with
which such refunding is to be undertaken and
specifying the realistic remaining useful life
of said project; approving the consulting
engineer’s report relating to net lease rental
debt; authorizing and directing the Chairman
or Vice Chairman of the Board of Supervisors
of the Township and the Secretary or Assistant
Secretary of the Township to prepare, verify
and file the debt statement, the application
for exclusion of self-liquidating debt and
other appropriate documents required by the
Act of the General Assembly of the
Commonwealth of Pennsylvania, approved July
12, 1972, Act No. 185, as amended and
supplemented, known as the “Local Government
Unit Debt Act”, and to execute, attest,
acknowledge and deliver a Termination
Agreement and an Agreement of Lease, each
dated as of January 15, 1978, between said
Authority, as lessor, and the Township, as
lessee, and a Guaranty Agreement, dated as of
January 15, 1978, with respect to said project
and said refunding; approving the forms of
said Termination Agreement, said Agreement of
Lease and said Guaranty Agreement; consenting
to assignment of said Agreement of Lease by
said Authority to National Bank of Boyertown,
Boyertown, Pennsylvania, as Trustee under a
trust indenture dated as of January 15, 1978,
of said Authority, as security; specifying the
lease rentals to be paid by the Township
pursuant to said Agreement of Lease and the
source of payment of such lease rentals;
guaranteeing payment of the principal and
interest on certain guaranteed sewer revenue
bonds to be issued by Amity Township Municipal
Authority and making certain covenants with
respect thereto; and providing for proper
officers of the Township to take all other
required, necessary or desirable related
action in connection with said refunding by
said Authority, said Termination Agreement,
said Agreement of Lease and said Guaranty
Agreement.
C-2
APPENDIX C

______________________________________________________________________________

______________________________________________________________________________
129 Issuance of a series of general obligation 11/18/1991

notes, Series of 1991, to be dated as of
December 15, 1991, in the aggregate principal
amount of $2,500,000, pursuant to the Act of
Pennsylvania, known as the Local Government
Unit Debt Act, to provide funds for and
toward: (1) a capital project that consists of
acquiring and constructing alterations,
additions and improvements to the sewage
collection, transmission, treatment and
disposal system facilities, including all
related and necessary facilities required to
provide sanitary sewage service in and for
certain portions of the Township, (2) paying
capitalized interest on such general
obligation notes, and (3) paying costs, fees
and expenses with respect to the foregoing
purposes and to the financing; combining said
capital projects as a single project for
financing as permitted by said Act; setting
forth the finding that it is in the best
financial interests of the Township to sell
such general obligation notes at private sale
by negotiation; determining that such debt
shall be non-electoral debt of the Township;
accepting a certain proposal for purchase of
such general obligation notes, at private sale
by negotiation, and awarding such general
obligation notes and setting forth related
provisions; providing that such general
obligation notes, when issued, shall be
general obligations of the Township; fixing
the substantial form, denominations, numbers,
date, maturity date, interest rate, interest
payment dates, registration provisions, place
of payment of principal and interest, and
mandatory sinking fund provisions (if
applicable) and redemption provisions of such
general obligation notes; authorizing
execution of such general obligation notes and
authentication thereof; providing covenants
related to debt service applicable to such
general obligation notes as required by such
Act and pledging the full faith, credit and
taxing power of the Township in support
thereof; creating a sinking fund (including a
mandatory sinking fund, if applicable) in
connection with such general obligation notes,
as required by such Act; appointing a paying
agent and a sinking fund depositary in
connection with such general obligation notes;
C-3
APPENDIX C
______________________________________________________________________________

_______________________________________________________________________________
providing a covenant to ensure prompt and full

payment of all obligations of such general
obligation notes when due; authorizing and
directing specified officers of the Township
to do, to take and to perform certain
specified, required, necessary or appropriate
acts and things; authorizing the purchase of
bond insurance, if applicable; declaring such
debt to be incurred, together with other
indebtedness of the Township, not to be in
excess of any limitation imposed by such act
upon the incurring of debt by the Township,
not to be in excess of any limitation imposed
by such Act upon the incurring of debt by the
Township; setting forth certain covenants
relating to the continuing tax-exempt status
of interest on such general obligation notes
under the Internal Revenue Code of 1986, as
amended; designating each of such general
obligation notes as a qualified tax-exempt
obligation for purposes of Section 265 of the
Internal Revenue Code of 1986, as amended;
providing when this Ordinance shall become
effective; providing for severability of
provisions; and repealing all ordinances or
parts of ordinances insofar as the same shall
be inconsistent herewith.
140 Issuance of a series of general obligation bonds, 09/22/1993

Series of 1993, to be dated as of November 1,
1993, in the aggregate principal amount of
$4,500,000.00, pursuant to the Act of the
General Assembly of the Commonwealth of
Unit Debt Act, to provide funds for and toward
refunding projects that consist of: (1)
advance refunding the Township’s general
obligation notes, Series of 1991, dated as of
December 15, 1991; (2) currently refunding the
guaranteed sewer revenue bonds - Series of
1978 of the Amity Township Municipal
Authority; and (3) paying costs, fees and
expenses with respect to the foregoing
purposes and to the financing; combining said
refunding projects for purposes of financing
as permitted by said Act; setting forth that
said refunding is permitted under and pursuant
to Section 1101 of said Act; setting forth the
finding that it is in the best financial
interests of the Township to sell such general
obligation bonds at private sale by
negotiation; determining that such debt shall
C-4
APPENDIX C
______________________________________________________________________________

_____________________________________________________________________________
be non-electoral debt of the Township;

accepting a certain proposal for purchase of
such general obligation bonds, at private sale
by negotiation, and awarding such general
obligation bonds, and setting forth related
provisions; providing that such general
obligation bonds, when issued, shall be
general obligations of the Township; fixing
the substantial form, denominations, numbers,
date, maturity dates, interest rates, interest
payment dates, registration provisions, place
of payment of principal and interest and
mandatory sinking fund provisions (if
applicable) and redemption provisions of such
general obligation bonds; authorizing
execution of such general obligation bonds and
authentication thereof; providing covenants
related to debt service applicable to such Act
and pledging the full faith, credit and taxing
power of the Township in support thereof;
creating a sinking fund (including a mandatory
sinking fund, if applicable) in connection
with such general obligation bonds, as
required by such Act; appointing a paying
agent and a sinking fund obligation bonds;
providing a covenant, to ensure prompt and
full payment of all obligations of such
general obligation bonds when due; authorizing
and directing specified officers of the
Township to do, to take and to perform certain
acts and things; authorizing the purchase of
bond insurance, if applicable; declaring such
debt to be incurred, together with other
indebtedness of depositary in connection with
such general the Township, not to be in excess
of any limitation imposed by such act upon the
incurring of debt by the Township; setting
forth certain covenants relating to the
continuing tax-exempt status of interest on
such general obligation bonds under the
Internal Revenue Code of 1986, as amended;
designating each of such general obligation
bonds as a qualified tax-exempt obligation for
purposes of Section 265 of the Internal
Revenue Code of 1986, as amended; providing
for the retirement of the Series of 1991 notes
upon optional redemption prior to maturity, in
accordance with the right and privilege
reserved to said Authority; providing when
this Ordinance shall become effective;
providing for severability of provisions; and
C-5
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
repealing all ordinances or parts of

ordinances insofar as the same shall be
inconsistent herewith.
161 Authorizing and directing issuance of a General 06/15/1998

Obligation Note in the principal amount of
$635,000.00 pursuant to the Local Government
Unit Debt Act (Pa. C.S.A. §8001 et seq.) to
reimburse the Township’s sewer revenue fund
for the funds utilized by the Township to
acquire the “Haas Farm” which is located
directly across from the Township building,
and which consists of two parcels of land
totaling approximately 81.767 acres, more or
less; determining that said note shall be sold
at non-electoral debt of the Township;
accepting a bid for purchase of said note at
negotiated sale, and awarding such note and
setting forth related provisions; providing
that such note, when issued, shall be a
general obligation note of the Township;
fixing the substantial form, denomination,
date, maturity date, interest rates, interest
payment dates, registration privileges, place
of payment of principal and interest,
redemption provisions and tax free provisions
of said note; authorizing execution,
attestation and authentication of said note;
providing covenants related to debt service
applicable to said note as required by such
Act and the Pennsylvania Constitution and
pledging the full faith, credit and taxing
creating a sinking fund in connection with
said note as required by such Act; appointing
a sinking fund depositary; providing a
covenant to insure prompt and full payment of
all obligations of said note when due;
authorizing and directing specified officers
of the Township to do and perform specified,
required or appropriate acts and things;
setting forth that said note has been sold at
negotiated sale; declaring that the debt to be
incurred is within the limitation imposed by
such Act upon the incurring of such debt by
the Township; providing certain covenants
related to continuing disclosure by the
Township; providing for severability of
provisions; repealing all ordinances or parts
of ordinances insofar as the same shall be
C-6
APPENDIX C

______________________________________________________________________________

______________________________________________________________________________
inconsistent herewith; and providing when this

Ordinance shall become effective.
195 Setting forth its intent to issue its General 03/18/2003

Obligation Notes, Series A and AA of 2003 (the
“Notes”) of the Township in the aggregate
principal amount of $3,760,000, pursuant to
the Act of the General Assembly of the
Commonwealth of Pennsylvania, known as the
Local Government Unit Debt Act, as re-enacted,
amended and supplemented (the “Act”); finding
that a private sale by negotiation is in the
best financial interests of the Township;
determining that such Notes shall evidence
nonelectoral debt of the Township; specifying
that such indebtedness is to be incurred to
provide funds to finance a project of the
Township which consists of, among other
things: (a) Funding the costs of certain
capital projects of the Township, including
certain recreation and sewer projects; and (b)
paying the costs and expenses of issuing the
Notes; determining to combine said projects
for the purpose of financing and setting forth
a reasonable estimate of the useful life of
the Projects to be financed; making certain
findings with respect to the Project;
accepting a proposal for the purchase of such
Notes at private sale by negotiation;
providing that such Notes, when issued, shall
constitute a General Obligation of this
Township; designating the Notes as a
“qualified tax-exempt obligation” as defined
in Section 265(b)(3)(B) of the Internal
Revenue Code of 1986, as amended (the “Code”);
fixing the denomination, dated date, interest
rates, redemption provisions and place of
payment of the principal of and interest on
such Notes; appointing a paying agent and
authorizing specified officers of the Township
to contract with the paying agent; setting
forth the substantial form of the Notes
evidencing the debt; authorizing execution and
attestation of such Notes; providing covenants
related to the payment of debt service
applicable to such Notes to the extent
required by the Act and pledging the full
faith, credit and taxing power of the Township
in support thereof; creating a sinking fund in
connection with such Notes, to the extent
C-7
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
required by the Act; designating the paying

agent to be the sinking fund depositary;
providing a covenant to insure prompt and full
payment for such Notes when due; setting forth
registration and transfer provisions with
respect to such Notes; authorizing and
directing specified officers of the Township
to do, to take and to perform certain
acts to effect the issuance of the Notes,
including, without limitation, the preparation
of a debt statement and borrowing base
certificate, and the filing of other specified
documents with the Department of Community and
Economic Development, all as required by the
Act; declaring that the debt to be evidenced
by such Notes, together with all other
indebtedness of the Township, will not be in
excess of any applicable limitation imposed by
the Act; authorizing proper officers of the
Township to deliver the Notes upon the
approval of the Department of Community and
Economic Development; setting forth certain
covenants precluding the Township from taking
actions which would cause the Notes to become
“arbitrage bonds”, as that term is used in the
Code and applicable regulations promulgated
thereunder; providing for severability of
provisions; repealing all ordinances or
resolutions or parts of ordinances or
resolutions insofar as the same shall be
inconsistent; and providing when this

Obligation Note, Series of 2004 of the
Township in the aggregate principal amount of
$1,540,000, pursuant to the Act of the General
Assembly of the Commonwealth of Pennsylvania,
known as the Local Government Unit Debt Act,
as re-enacted, amended and supplemented;
finding that a private sale by negotiation is
in the best financial interests of the
Township; determining that such Note shall
evidence nonelectoral debt of the Township;
specifying that such indebtedness is to be
incurred to provide funds to finance a project
of the Township which consists of, among other
C-8
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
things: (a) funding of the costs of certain

capital projects of the Township, including
certain storm sewer projects; and (b) paying
the costs and expenses of issuing the Note;
determining to combine said projects for the
purpose of financing and setting forth a
reasonable estimate of the useful life of the
projects to be financed; making certain
findings with respect to the project;
Note at private sale by negotiation; providing
that such Note, when issued, shall constitute
a general obligation of the Township;
designating the Note as a “qualified tax-
exempt obligation” as defined in Section
265(b)(3)(B) of the Internal Revenue Code of
1986, as amended; fixing the denomination,
dated date, interest payment dates, interest
rates, redemption provisions and place of
payment of the principal of and interest on
such Note; appointing a paying agent and
authorizing specified officers of the Township
to contract with the paying agent; setting
forth the substantial form of the Note
evidencing the debt; authorizing execution and
attestation of such Note; providing covenants
to such Note to the extent required by the Act
and pledging the full faith, credit and taxing
such Note, to the extent required by the Act;
designating the paying agent to be the sinking
fund depositary; providing a convent to insure
prompt and full payment for such Note when
due; setting forth registration and transfer
provisions with respect to such Note;
of the Township to do, to take and to perform
certain specified, required, necessary or
appropriate acts to effect the issuance of the
Note, including, without limitation, the
preparation of a Debt Statement and Borrowing
Base Certificate, and the filing of other
specified documents with the Department of
Community and Economic Development, all as
required by the Act; declaring that the debt
to be evidenced by such Note, together with
all other indebtedness of the Township, will
not be in excess of any applicable limitation
imposed by the Act; authorizing proper
C-9
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
officers of the Township to deliver the Note

upon the approval of the Department of
Community and Economic Development; setting
forth certain covenants precluding the
Township from taking actions which would cause
the Note to become an “arbitrage bond”, as
that term is used in the Code and applicable
regulations promulgated thereunder; providing
for severability of provisions; repealing all
ordinances or resolutions or parts of
ordinances or resolutions insofar as the same
shall be inconsistent; and providing when this

Obligation Note, Series of 2003, of the
$1,130,000.00, pursuant to the Act of the
Unit Debt Act, as re-enacted, amended and
supplemented; finding that a private sale by
negotiation is in the best financial interests
of the Township; determining that such Note
shall evidence nonelectoral debt of the
Township; specifying that such indebtedness is
to be incurred to provide funds to finance a
project of the Township which consists of,
among other things: (a) funding the costs of
certain capital projects of the Township,
including recreational facilities projects;
and (b) paying the costs and expenses of
issuing the Note; determining to combine said
projects for the purpose of financing and
setting forth a reasonable estimate of the
useful life of the projects to be financed;
making certain findings with respect to the
project; accepting a proposal for the purchase
of such Note at private sale by negotiation;
providing that such Note, when issued, shall
constitute a general obligation of the
Township; designating the Note as “qualified
tax-exempt obligation” as defined in Section
265(b)(3)(B) of the Internal Revenue Code of
1986, as amended; fixing the denomination,
dated date, interest rates, redemption
provisions and place of payment of the
principal of and interest on such Note;
C-10
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
appointing a paying agent and authorizing

specified officers of the Township to contract
with the paying agent; setting forth the
substantial form of the Note evidencing the
debt; authorizing execution and attestation of
such Note; providing covenants related to the
payment of debt service applicable to such
Note to the extent required by the Act and
such Note, to the extent required by the Act;
designating the paying agent to be the sinking
fund depositary; providing a covenant to
insure prompt and full payment for such Note
when due; setting forth registration and
transfer provisions with respect to such Note;
specified documents required by the Act;
declaring that the debt to be evidenced by
such Note, together with all other
excess of any applicable limitation imposed by
Township to deliver the Note upon the approval
of the Department of Community and Economic
Development; setting forth certain covenants
precluding the Township from taking actions
which would cause the Note to become an
“arbitrage bond”, as that term is used in the
Code and application regulations promulgated
thereunder; providing for severability of
provisions; repealing all ordinances or
resolutions or parts of ordinances or
resolutions insofar as the same shall be
inconsistent; and providing when this
262 An Ordinance of the Board of Supervisors of 10/21/2009

the Township of Amity, Berks County,
Pennsylvania authorizing and directing
incurring of nonelectoral debt through the
issuance of a General Obligation Bond of the
C-11
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
Township in the aggregate principal amount not

to exceed one million nine hundred sixty-five
thousand dollars ($1,965,000.00)pursuant to the
Act of the General Assembly of the Commonwealth
of Pennsylvania, as amended, known as the Local
Government Unit Debt Act (the “Act”);
incurred to provide funds to finance certain
projects of the Township which include, among
other things, (a) the refinancing of the
Township’s General Obligation Notes, Series A
of 2003 and a portion of the Township’s General
Obligation Notes, Series 2005; and (b) the
payment of the costs and expenses of issuing
the Bond; accepting a proposal for the purchase
of such Bond at private sale by negotiation;
providing that such Bond, when issues, shall
constitute a General Obligation of the
Township; fixing the denominations, dated date,
interest payment dates, maturity dates,
interest rates, redemption provisions,
mandatory redemption provisions (if applicable)
and place of payment of the principal of and
interest on such Bond ; authorizing specified
officers of the Township to contract with the
paying agent for its services in connection
with the Bond; setting forth the substantial
form of the Bond; authorizing execution and
attestation of such Bond; providing covenants
related to debt service applicable to such Bond
to the extent required by the Act and pledging
the full faith, credit and taxing power of the
Township in support thereof; creating a sinking
fund in connection with such Bond, to the
extent required by the Act; designating the
paying agent to be the sinking fund depositary;
providing a covenant to insure prompt and full
payment for such Bond when due; setting forth
registration and transfer provisions with
respect to such bond; authorizing the execution
of one or more investment agreements by
specified officers of the Township (if
applicable) and the purchase of a certain U.S.
Treasury Obligations or any other securities
investments in connection with the project;
authorizing and directing specified officers of
the Township to do , to take and to perform
C-12
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
Bond, including, without limitation, the

Base Certificate, and the filing of specified
Act; declaring that the obligation to be
evidenced by such Bond, together with all other
excess of any applicable limitation impose by
Township to deliver the Bond upon the approval
of the Department of Community and Economic
Development; setting forth certain covenants
precluding the Township from taking actions
which would cause the Bond to become an
“arbitrage bond” or a “private activity bond”
as those terms are used in the Internal Revenue
Code of 1986, as amended (the “Code”);
approving the form of the preliminary official
statement and official statement, if
applicable; providing for a settlement account;
stating authority for enactment of ordinance
and applying mandatory provisions of Local
Government Unit Debt Act whether or not set
forth; stating that ordinance is a contract
with registered owners of Bond and remedies
thereto entitled; providing for amendment of
this ordinance; stating that covenants are for
the sole and exclusive benefit of Township and
registered owners of Bond; providing when this
ordinance shall become effective; providing for
severability of provisions; and repealing all
ordinances or parts of ordinances insofar as
the same shall be inconsistent herewith.
272 An Ordinance of the Board of Supervisors of 06/05/2011

issuance of a General Obligation Bond of the
Township in the aggregate principal amount not
to exceed Eight Hundred Seventy-Six Thousand
Five Hundred Dollars ($876,500.00) pursuant to
the Act of the General Assembly of the
Commonwealth of Pennsylvania, as amended,
known as the Local Government Unit Debt Act
(the “Act”); specifying that such indebtedness
is to be incurred to provide funds to finance
certain projects of the Township which
include, among other things, (a) the
C-13
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
refinancing of certain of the Township’s

General Obligation Debt; and (b) the payment
of the costs and expenses of issuing the Bond;
setting forth the reasonable estimated useful
lives of the capital projects to be financed
by the Bond; accepting a proposal for the
purchase of such Bond at private sale by
negotiation; providing that such Bond, when
issued, shall constitute a General Obligation
of the Township; fixing the denominations,
dated date, interest payment dates, maturity
dates, interest rates, redemption provisions,
mandatory redemption provisions(if applicable)
interest on such Bond; authorizing specified
Officers of the Township to contract with the
Paying Agent for its services in connection
with the Bond; setting forth the substantial
form of the Bond; authorizing execution and
attestation of such Bond; providing covenants
Bond to the extent required by the Act and
creating a Sinking Fund in connection with
such Bond, to the extent required by the Act;
designating the Paying Agent to be the Sinking
Fund Depositary; providing a covenant to
insure prompt and full payment for such Bond
transfer provisions with respect to such Bond;
authorizing and directing specified Officers
Bond, including, without limitation, the
Act; declaring that the Obligation to be
evidenced by such Bond, together with all
other indebtedness of the Township, will not
be in excess of any applicable limitation
Officers of the Township to deliver the Bond
C-14
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________

the Bond to become an “Arbitrage Bond” or a
“Private Activity Bond” as those terms are
used in the Internal Revenue Code of 1986, as
amended (the “Code”); stating authority for
enactment of Ordinance and applying mandatory
provisions of Local Government Unit Debt Act
whether or not set forth; stating that
Ordinance is a contract with registered owners
of Bond and remedies thereto entitled;
providing for amendment of this Ordinance;
stating that covenants are for the sole and
exclusive benefit of Township and registered
owner of the Bond; providing when this
Ordinance shall become effective; providing
for severability of provisions; and repealing
all Ordinances or parts of Ordinances insofar
as the same shall be inconsistent herewith.
277 An Ordinance of the Board of Supervisors of

04/04/2012
issuance of a General Obligation Bonds of the
Three Million Seven Hundred Forty Thousand
Dollars ($3,740,000.00) pursuant to the Act of
Pennsylvania, as amended, known as the Local
Government Unit Debt Act (the “Act”);
incurred to provide funds to finance certain
projects of the Township which include, among
other things, (a) to refund the outstanding
General Obligation Bond, Series of 2009; and
(b) refund the outstanding General Obligation
Note, Series of 2011; (c) provide funds to
finance a sewer project; and (d) pay the costs
of issuance on the Bonds; setting forth the
reasonable estimated useful lives of the
capital projects to be financed by the Bonds;
Bonds at a public auction by negotiation;
providing that such Bonds, when issued, shall
constitute a General Obligation of the
Township; fixing the denominations, dated
date, interest payment dates, maturity dates,
interest rates, redemption provisions,
C-15
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
mandatory redemption provisions (if applicable)

interest on such Bonds; authorizing specified
Officers of the Township to contract with the
Paying Agent for its services in connection
with the Bonds; setting forth the substantial
form of the Bonds; authorizing execution and
attestation of such Bonds; providing covenants
Bonds to the extent required by the Act and
creating a Sinking Fund in connection with
such Bonds, to the extent required by the Act;
designating the Paying Agent to be the Sinking
Fund Depositary; providing a covenant to
insure prompt and full payment for such Bonds
transfer provisions with respect to such
Bonds; authorizing and directing specified
Officers of the Township to do, to take and to
perform certain specified, required, necessary
or appropriate acts to effect the issuance of
the Bonds, including, without limitation, the
Act; declaring that the Obligation to be
evidenced by such Bonds, together with all
other indebtedness of the Township, will not
be in excess of any applicable limitation
Officers of the Township to deliver the Bonds
the Bonds to become “Arbitrage Bonds” or
“Private Activity Bonds” as those terms are
used in the Internal Revenue Code of 1986, as
amended (the “Code”); stating authority for
enactment of Ordinance and applying mandatory
provisions of Local Government Unit Debt Act
whether or not set forth; stating that
Ordinance is a contract with registered owners
of Bonds and remedies thereto entitled;
providing for amendment of this Ordinance;
stating that covenants are for sole and
exclusive benefit of Township and registered
C-16
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
owner of the Bonds; providing when this

Ordinance shall become effective; providing
for severability of provisions; and repealing
all Ordinances or parts of Ordinances insofar
as the same shall be inconsistent herewith.

County, Pennsylvania, increasing the
indebtedness of the Township of Amity, Berks
County, Pennsylvania, by the issue of six (6)
General Obligation Notes in the principal
amounts of (1) Seventy-Seven Thousand Four
Hundred Ninety-Nine and 099/100 Dollars
($77,499.99), (2) Two Thousand Seven Hundred
Five and 88/100 Dollars ($2,705.88), (3) One
Hundred Eight Thousand Eight Hundred Forty-
Three and 08/100 Dollars ($108,843.08), (4) One
Hundred Thirty-Eight Thousand Four Hundred
Eighty-Nine and 21/100 Dollars ($138,489.21),
(5) Six Thousand Four Hundred Fifty-Two and
43/100 Dollars ($6,452.43), and (6) Six
Thousand Five Hundred Ninety and 57/100 Dollars
($6,590.57) for the purchase of radio hardware,
accessory hardware and equipment required for
the Township of Amity’s participation in and
use of the Berks County-Wide Public Safety
Radio System; fixing the form, number, date,
interest, and maturity thereof; making a
covenant for the payment of the debt service on
the Notes; providing for the filing of the
required documents with the Department of
Community and Economic Development; providing
for the appointment of a Sinking Fund
depository for the Notes; and authorizing
execution, sale and delivery thereof
287 An Ordinance of the Board of Supervisors of the 03/18/2015

Township of Amity, Berks County, Pennsylvania
(the “Township”), setting forth its intent to
issue its General Obligation Notes, Series of
2015 (The “Note”) of this Township in the
aggregate principal amount of One Million Two
Hundred Fifty Thousand Dollars
($1,250,000.00), pursuant to the Act of the
C-17
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
Unit Debt Act, as re-enacted, amended and

supplemented (the “Act”); finding that a
private sale by negotiation is in the best
financial interests of this Township;
determining that such Note shall evidence
nonelectoral debt of this Township; specifying
that such indebtedness is to be incurred to
provide funds to finance a project of this
Township which consists of, among other
things: (A) funding the costs of certain
capital projects of the Township, including a
sewer project; and (B)paying the costs and
expenses of issuing the Note; determining to
combine said projects for the purpose of
financing and setting forth a reasonable
estimate of the useful life of the projects to
be financed; making certain findings with
respect to the project; accepting a proposal
for the purchase of such Note at private sale
by negotiation; providing that such Note, when
issued, shall constitute a General Obligation
of this Township; designating the Note as a
“Qualified Tax-Exempt Obligation” as defined
in Section 265(b)(3)(B) of the internal
Revenue Code of 1986, as amended (the “Code”);
fixing denomination, dated date, interest
payment dates, principal payment dates,
maturity dates, interest rates, redemption
provisions and place of payment of the
principal of and interest on such Note;
appointing a Paying Agent and authorizing
specified officers of this Township to
contract with the Paying Agent; setting forth
the substantial form of the Note evidencing
the debt; authorizing execution and
attestation of such Note; providing covenants
related to the payment of debt service
applicable to such Note to the extent required
by the Act and pledging the full faith, credit
and taxing power of this Township in support
thereof; creating a Sinking Fund in connection
with such Note, to the extent required by the
Act; designating the paying Agent to be the
Sinking Fund Depositary; providing a covenant
to insure prompt and full payment for such
Note when due; setting forth registration and
transfer provisions with respect to such Note;
authorizing and directing specified Officers
of this Township to do, to take and to perform
C-18
APPENDIX C
______________________________________________________________________________

______________________________________________________________________________
certain specified, required necessary or

specified documents with the Department of
Community and Economic Development, all as
required by the Act; declaring that the debt
to be evidenced by such Note, together with
all other indebtedness of this Township, will
not be in excess of any applicable limitation
officers of this Township to deliver the note
forth certain covenants precluding this
the Note to become an “Arbitrage Bond,” as
that term is used in the Code and applicable
regulations promulgated thereunder; providing
for severability of provisions; repealing all
Ordinances or Resolutions or parts of
Ordinances or Resolutions insofar as the sum
shall be inconsistent; and providing when this
C-19
APPENDIX D
Real Estate
_______________________________________________________________________________

_______________________________________________________________________________
14 Providing for the acquisition for Township 10/07/1961

purposes of certain real estate, buildings,
rights-of-way, sewage treatment plant and
sewage collection system located on the
northerly side of the west bound lane of U.S.
Highway Route No. 422 leading from Pottstown
to Reading.
186 Authorizing a referendum pursuant to Open Space 02/04/2002

Lands Acquisition and Preservation Act, as
amended by Act 153 of 1996 (32 P.S. §5001, et
seq.) on the question of the imposition of an
additional tax at a specific rate to be
imposed to raise revenue to purchase open
space property; and miscellaneous other rules
and regulations.
D-1
APPENDIX E
Sewers
_______________________________________________________________________________

_______________________________________________________________________________
60 Approving plans and specifications for 04/29/1975

construction of a sanitary sewer system and
related facilities for certain portions of the
Township, as submitted by Amity Township
Municipal Authority, to be constructed by said
Authority; approving the Report of the
Consulting Engineers and submitted by said
Authority; approving the estimated cost of
construction of such sanitary sewer
facilities, the estimated net cost of
construction of assessable sewers and the
proposed charges of a portion of the net cost
of construction of assessable sewers against
properties benefited, improved or accommodated
thereby, by assessment according to the foot
front rule.
61 Granting to Amity Township Municipal Authority 05/16/1975

certain rights and privileges in, along, over
and under streets, roads, lanes, courts,
public squares, alleys, highways and other
properties of the Township for use in
connection with the sewage system to be
constructed and acquired by said Authority;
and providing for regulating the manner in
which such rights and privileges shall be
exercised.
65 Approving the proposed action of Amity Township 06/21/1975

Municipal Authority to acquire all facilities
constituting the sewer system owned and
operated by the Township; authorizing and
approving the terms and conditions of a
proposed agreement between the Township and
said Authority whereby, inter alia, the
Township will agree to grant, convey, assign
and transfer to said Authority all its right,
title and interest in and to all facilities
constituting said sewer system, including all
property, real, personal and mixed, used or
useful in connection therewith, on the express
condition that said Authority will make
certain improvements and additions to said
sewer system and will lease said sewer system,
including all improvements and additions
thereto, to the Township for operation and
use; authorizing and directing proper officers
of the Township to execute and deliver the
aforesaid proposed agreement; and authorizing
an directing proper officers of the Township
to take all action necessary or desirable in
F-1
APPENDIX E
Sewers
_______________________________________________________________________________

_______________________________________________________________________________
connection with consummation of the terms and

conditions of the aforesaid proposed
agreement.

County, Pennsylvania, authorizing and adopting
And approving the establishment of assessments
For curbs, driveway aprons and sidewalks and
for the payment of these assessments in a
discount period, a flat period and an equal
installment period for the installation of
improvements along the 100 through 400 blocks
of Maplewood Avenue, the 800 through the 900
block of Nicholson Avenue and the 900 block of
Richards Avenue in Amity Township

County Pennsylvania, authorizing, adopting and
approving the establishment of tapping fees
for properties along the Monocacy Creek
Interceptor and for the payment of these
tapping fees in a flat period and an equal
installment period.
F-2
APPENDIX F
Streets and Roads
_______________________________________________________________________________

_______________________________________________________________________________
7 Opening as a Public Township Road part of 12/31/1958

Griffith Boulevard in the development known as
Amity Gardens
9 Vacating in whole or in part certain strips 06/04/1960

Of road located wholly within the Township,
designated on the Township road system as
Route Nos. 416, 625, 622, 464, 466, 628, 355,
634 and 633 and removing said strips of road
from the Township’s road system
33 Vacating Monarch Road, between Pennsylvania 09/05/1969

Avenue and Main Street
41 Authorizing the vacating of Beechwood Drive, 03/03/1972

A proposed 53-feet wide street, in the
Township
76 Relocating and vacating a portion of Monocacy 01/06/1978

Hill Road
80 Relating and vacating a portion of Morlatton 08/03/1979

Road
85 Relocating and vacating a portion of Levengood 03/20/1981

Road
F-1
APPENDIX G
Water
______________________________________________________________________________

______________________________________________________________________________

County Pennsylvania, requiring property owners
from 728 Monocacy Creek Road east to the
intersection with Route 422 including Thalia
Lane to connect to the municipal water system
for drinking water or household purposes;
prohibiting the construction or reconstruction
of any private water system which is designed
or intended for drinking water or household
purposes; requiring the closing of private
wells and providing for penalties for the
violation hereof
G-1
LAB AMITY CODE 13404-10 7/06/16 #C83768-02
TOWNSHIP OF AMITY
KEY TO DISPOSITION OF ALL ORDINANCES
Ordinance Date
No. Enacted Disposition Number/Category
1 11/6/50 Administration and Government I, 501-504

2 5/7/51 Repealed by 106 7/7/86 Health and Safety
3 2/4/56 Motor Vehicles and Traffic; XIX, 402
Fire Prevention & Fire IX, 101, 103, 202-203,
Protection 206, 303, 305
4 6/2/56 Garbage, Refuse, Solid Waste XII, 101-103
and Recycling
5 2/2/57 Repealed by 30 3/1/68 Zoning
6 2/2/57 Repealed by 39 1/7/72 Buildings and Structures
7 12/31/58 Appendix F Streets and Roads
11 5/6/61 Repealed by 179 5/7/2001 Animals
12 5/6/61 Repealed by 233 2/20/07 Conduct
13 7/1/61 Repealed by 84 9/5/80 Licenses, Permits and
General Business
Regulations
14 10/7/61 Appendix D Real Estate
15 10/7/61 Repealed by 64 6/21/75 Sewers & Sewage Disposal
17 6/2/62 Repealed by 43 5/19/72 Licenses, Permits and
General Business
Regulations
20 10/5/63 Streets, Sidewalks, Driveways & XXVI, 101-104
Curbs
24 1/13/66 Mobile Homes & Mobile Home Parks XVIII, 101-116
25 4/14/66 Repealed by 109 1/19/87 Taxation, Special
26 9/16/66 Repealed by 88 7/2/82 Subdivision and Land
Development
28 1/19/68 Repealed by 55 7/19/74 Motor Vehicles & Traffic
32 4/4/69 Administration and Government I, 601
K-1
LAB AMITY CODE 13404-10 7/06/16 #C83768-02
TOWNSHIP OF AMITY
Ordinance Date
36 2/6/70 Motor Vehicles and Traffic XIX, 102, 201,301-302,

402, 601-603
Repealed by 233 2/20/07 Conduct
Fire Prevention and Fire IX, 102-104, 201-207,
Protection 303, 305-306
38 6/4/71 Repealed by 174 5/8/2000 Administration and
Government
39 1/7/72 Repealed by 116 3/6/89 Code Enforcement
40 2/4/72 Repealed by 4/18/006 Parks and Recreational
Areas
42 4/7/72 Repealed by 112 10/3/88 Streets, Sidewalks,
Driveways & Curbs
43 5/19/72 Licenses, Permits and General XVII, 101-116
Business Regulations
44 10/20/72 Curfew VIII, 101-107
45 11/17/72 Curfew VIII, 101-107
Government
47 1/19/73 Taxation, Special XXIX, 201-209
48 3/2/73 Sewers and Sewage Disposal XXIII, 101-111
49 9/7/73 Streets, Sidewalks, Driveways XXVI, 401-413
and Curbs
54 12/28/73 Repealed by 223, 4/18/06 Parks and Recreation
Areas
55 7/19/74 Motor Vehicles and Traffic XIX, 101-108, 202- 207,
402-403
57 9/20/74 Repealed by 136 8/2/93 Streets, Sidewalks,
Driveways and Curbs
58 9/20/74 Repealed by 158 12/1/97 Flood Plain Management
59 10/18/74 Curfew VIII, 102-104
60 4/29/75 Appendix E Sewers
63 6/20/75 Appendix C Bond Issues and Loans
Government
K-2
LAB AMITY CODE 13404-10 7/06/16 #C83768-02
TOWNSHIP OF AMITY
Ordinance Date

Development
Development
81 8/3/79 Repealed by 242 3/19/08 Franchises
84 9/5/80 Licenses, Permits and General XVII, 201-214
85 3/20/81 Appendix F Street and Roads
86 12/28/81 Motor Vehicles and Traffic XIX, 401
Development
and Recycling
93 5/7/84 Motor Vehicles and Traffic XIX, 101, 103, 107-108,
203
Development
95 1/7/85 Motor Vehicles and Traffic XIX, 501-507
97 11/18/85 Repealed by 223 4/18/06 Parks and Recreational
Areas
Government
Development
K-3
LAB AMITY CODE 13404-10 7/06/16 #C83768-02
TOWNSHIP OF AMITY
Ordinance Date

Government
110 4/4/88 Repealed by 132 2/16/91 Impact Fees
and Curbs
Government
114 2/20/89 Fire Prevention and Fire IX, 301-304, 306
Protection
117 4/3/89 Health and Safety XIV, 101-109
118 6/19/89 Housing XV, 101-108
Government
126 4/15/91 Plumbing XXII, 105-110
Sec.1 & 2 Repealed by 145 8/1/94 Code Enforcement
and Recycling
Government
130 12/9/91 Zoning XXXII, 101-110, 201-202,
301-304, 401-407,
501-505, 601-604,
701-707, 801-803,
901-944, 1001-
1009, 1101-1113,
1201-1203
Government
133 4/20/92 Appendix B Agreements
134 5/4/92 Zoning XXXII, 403
135 11/18/92 Subdivision and Land XXVII, 101-108, 201-202,
Development 301-306, 401-404, 501-
519, 601-606, 701-704,
801-806
K-4
LAB AMITY CODE 13404-10 7/06/16 #C83768-02
TOWNSHIP OF AMITY
Ordinance Date

and Curbs
Development
138 Unused
139 Unused
Government
Government
Repealed by 202A 6/29/04 Code Enforcement
145 8/1/94 Administration and Government I, 220, 223 & 224
Repealed by 202A 6/29/04 Code Enforcement
Sec. 3 Repealed by 175 5/8/00 Code Enforcement
146 8/29/94 Zoning XXXII, 401-405, 407,
903, 914
Government
153 6/3/96 Subdivision and Land Development XXVII, 519
157 10/6/97 Subdivision and Land Development XXVII, 308-311
160 4/27/98 Zoning XXXII, 202, 944
K-5
LAB AMITY CODE 13404-10 7/06/16 #C83768-02
TOWNSHIP OF AMITY
Ordinance Date
164 4/26/99 Zoning XXXII, 202, 402, 405,

407, 502, 505,
602, 702, 802,
902, 905, 910,
915, 918-920,
923, 926,
930-931, 935,
945-950, 1004,
1008, 1103, 1109
165 4/26/99 Subdivision and Land Development XXVII, 202, 404, 502-
504, 506, 507,
510, 511, 514-
516, 601, 805,
806
166 10/11/99 Zoning XXXII, 944
175 5/8/00 Repealed by 202A 6/29/04 Code Enforcement
176 12/11/00 Zoning XXXII, 926
178 2/5/01 Administration and Government I, 150, 154
179 5/7/01 Animals III, 101-113
Government
181 5/7/01 Appendix A Administration and
Government
182 Unused
185 12/17/01 Fire Prevention & Fire IX, 301-304
Protection
186 2/4/02 Appendix D Real Estate
187 4/1/02 Administration and Government 240-242
188 5/6/02 Zoning XXXII, 407
191 9/3/02 Fire Prevention & Fire IX, 401-407
Protection
K-6
LAB AMITY CODE 13404-10 7/06/16 #C83768-02
TOWNSHIP OF AMITY
Ordinance Date
192 9/16/02 Zoning XXXII, 202, 402, 501,

503-506, 602-603,
702-704, 942, 947
194 10/22/02 Repealed by 276, 12/07/11 Taxation, Special
196 4/15/03 Zoning XXXII, 202, 401-405,
903
197 8/5/03 Zoning XXXII, 902, 920, 921,
923
198 8/5/03 Subdivision & Land Development 504, 511, 520
200 5/4/04 Motor Vehicles and Traffic XIX, 701-709
202A 6/29/04 Code Enforcement, Superseded
By 250, 10/15/08
204 8/17/04 Conduct VII, 301-304
205
206 11/16/04 Motor Vehicles and Traffic XIX, 203, 206, 401
208 1/18/05 Subdivision & Land Development XXVII, 402, 403, 504
209 1/18/05 Code Enforcement VI, 103
210 2/15/05 Alarms and Alarm Systems II, 101-105
211 2/15/05 Streets, Sidewalks & Curbs XXVI, 410, 411
212 6/7/05 Superseded by No. 243 3/19/08 Stormwater Management
213 6/7/05 Administration and Government I, 801-811, 850-860
214 7/5/05 Subdivision & Land Development XXVII, 502, 511
215 7/5/05 Zoning XXXII, 506, 916
217 9/6/05 Subdivision & Land Development XXVII, 202, 402, 403,
506, 510, 517
223 4/18/06 Repealed by 226 9/5/06 Park and Recreational
Areas
225 5/16/06 Zoning XXXII, 926
226 9/5/06 Parks and Recreational Areas XX, 101-134, 201-209
228 10/3/06 Parks and Recreational Areas XX, 122
K-7
LAB AMITY CODE 13404-10 7/06/16 #C83768-02
TOWNSHIP OF AMITY
Ordinance Date
229 12/19/06 Zoning XXXII, 202, 401-403,

405, 407, 703
802, 906, 923,
929-932, 934,
935, 937-940,
944, 950
230 12/19/06 Impact Fees XVI, 101-114
232 2/20/07 Motor Vehicles and Traffic XIX, 203, 206, 401
233 2/20/07 Conduct VII, 101-136, 201-219
234 4/17/07 Zoning XXXII, 202, 405-407
517
236 5/16/07 Zoning XXXII, 402, 702
237 6/5/07 Zoning XXXII, 926, 1204
239 8/21/07 Zoning XXXII, 202, 403, 951
240 10/2/07 Administration and Government I, 671, 672, 676
243 3/19/08 Stormwater Management XXV
244 5/21/08 Administration and Government I, Part 10
246 8/6/08 Zoning XXXII, 202,405-407, 924,
954, 955, Map
247 10/1/08 Zoning XXXII, 202, 402, 403,
924, 953
248 10/1/08 Zoning XXXII, 202, 402, 403,
924, 956
249 10/1/08 Subdivision & Land Development XXVII, 519
250 10/15/08 Code Enforcement, Superseded VI, Part 1 and Part 2
By 266 8/18/10
251 12/3/08 Appendix E Sewer
252 12/3/08 Licenses, Permits & General
Business Regulations XVII, Part 2, 210, 211
255 1/21/09 Garbage, Refuse, Solid Waste
& Recycling XII, 312, 313
256 3/4/09 Motor Vehicles & Traffic XIX, 203, 206, 301, 302,
401
257 4/1/09 Code Enforcement, Superseded VI, 103
By 266 8/18/10
258 9/2/09 Parks & Recreational Areas XX, Part 1
259 10/7/09 Zoning XXXII, 1106
260 10/7/09 Zoning XXXII, 402, 955
261 10/21/09 Zoning XXXII, 402, 955
K-8
LAB AMITY CODE 13404-10 7/06/16 #C83768-02
TOWNSHIP OF AMITY
Ordinance Date

264 4/7/10 Administration and Government I, 801, 809
265 5/5/10 Appendix G Water
266 8/18/10 Code Enforcement VI, Part 1 and Part 2
267 10/6/10 Parks and Recreational Areas XX, 120, 121
268 11/3/10 Sewers and Sewage Disposal XXIII, 202, 205
269 12/15/10 Zoning XXXII, 202, 301, 302,
408, 521, Map
270 Number Missed
273 07/06/11 Motor Vehicles and Traffic XIX, 203, 206
805
275 10/05/11 Zoning XXXII, 202, Part 5
Title, 501, 507
278 06/20/12 Flood Plain Management X, 101-107, 201-211,
301-305, 401-407,
501-504, 601-602,
701-702, 801-802
281 12/05/12 Zoning XXXII, 401-403, 507,
602, 802, 932,
933, 948
283 03/19/14 Zoning XXXII, 202, 301, 302,
405, 409, 903,
904, 927, 931,
932, 934, 1203,
1205, Map
285 08/06/14 Sewers and Sewage Disposal XXIII, 203
286 01/21/15 Impact Fees XVI, 103, 108, 114
289 07/01/15 Zoning XXXII, 202, 408, 924,
954
290 10/21/15 Motor Vehicles and Traffic XIX, 203, 206, 207, 401-
405, 506
291 02/17/16 Licenses, Permits and General XVII, 203, 204
292 05/04/16 Parks and Recreational Areas XX, 110
293 06/01/16 Taxation, Special XXIX, 101, 108
K-9
LAB AMITY CODE 13404-10 7/06/16 #C83768-02
TOWNSHIP OF AMITY
Ordinance Date
294 06/15/16 Zoning XXVII, 520

XXXII, 202, 302, 924,927
1102
295 06/15/16 Housing XV
K-10
LAB AMITY CODE 013404-10 INDEX 07/06/16 C83905-03
INDEX
TOWNSHIP OF AMITY CODE OF ORDINANCES
______________________________________________________________________________
Subject Chapter Section

______________________________________________________________________________
ABANDONMENT OF MOTOR VEHICLES, see MOTOR VEHICLES

AND TRAFFIC
ACCESS TO STRUCTURES, see PLUMBING; see also ZONING,

ACCESSORY STRUCTURES, see ZONING, Supplementary

Regulations
ACCESSORY USES, see ZONING, Supplementary Regulations
ACCUMULATION OF GARBAGE AND RUBBISH, see CONDUCT
ADMINISTRATION AND GOVERNMENT

Attorneys Fees
Collection Procedures I 403
Related Action I 404
Schedule of Fees I 402
Statement of Policies I 401
Authorities, see AUTHORITIES
Boards, see BOARDS
Code Enforcement Officer
Duties I 222
Establishment of Office I 220
Qualifications I 221
Right of Entry I 223
Commissions, see COMMISSIONS
Councils, see COUNCILS
Delinquent Tax Collector
Duties I 241
Establishment of Office I 240
Powers I 241
Appeals I 308
Administrative Appeals I 305
Decisions I 307
Definitions I 301
Disclosure Statement
Notice I 302
Distribution I 302
Enforcement I 309
Minimum Time Periods for Taxpayer
Response to Requests from Local
Taxing Authority I 304
Petitions I 306
Requirements for Requests I 303
Manager, see Township Manager
Non-uniformed Employee Pension, see PENSIONS
AND PENSION FUNDS
Pensions, see PENSIONS AND PENSION FUNDS
Plans, see PLANS
Police Pension, see PENSIONS AND PENSION FUNDS
INDEX-1
Records Retention
Establishment of Procedure I 901
Severability I 902
Tax Certifications, see Tax Collector
Tax Collector
Compensation I 150
Tax Certifications
Additional Service Fees I 152
Certification Fee I 152
Issuance I 151
Township Manager
Absence I 208
Appointment I 202
Bond I 204
Compensation I 205
Creation of Office I 201
Disability I 208
Qualifications I 203
Removal I 202
Responsibilities I 206
Reviews I 207
Township Supervisors
Annual Compensation I 101
Installment Payments I 102
Supervisors, see Township Supervisors
ADULT BUSINESS USES, see ZONING, Supplementary

Regulations
ADVERTISEMENTS, see PARKS AND RECREATIONAL AREAS
ADVERTISEMENTS, POSTING OF, see CONDUCT
AGRICULTURAL USE REGULATIONS, see ZONING,

AID, PRISONER, see CONDUCT
AIR GUNS, CONFISCATION OF, see CONDUCT
ALARMS, FALSE, see CONDUCT, see also FIRE

PREVENTION AND FIRE PROTECTION, Fire
Prevention and Public Safety, see also

Definitions II 101
Enforcement II 104
False Alarm Service Fees II 103
False Alarms Prohibited II 102
Penalties II 104
Severability II 105
ALCOHOLIC BEVERAGES, see PARKS AND RECREATIONAL

AREAS
AMITY TOWNSHIP ECONOMIC AND DEVELOPMENT ADVISORY

COUNCIL, see COUNCILS
AMITY TOWNSHIP ENVIRONMENTAL ADVISORY COUNCIL,

see COUNCILS
INDEX-2
AMITY TOWNSHIP MUNICIPAL AUTHORITY, see AUTHORITIES
AMITY TOWNSHIP SCHOOL AUTHORITY, see AUTHORITIES
AMPLIFYING EQUIPMENT, see CONDUCT, Noise
ANIMALS
Animal Nuisances
Dangerous Animals III 109
Definitions III 102
Duty to Control Animal III 106
Duty to Secure Animal III 105
Exceptions III 103
Intent III 101
Noise III 107
Notice of Violation III 111
Nuisances Prohibited, Other III 108
Odors Prohibited, Offensive III 108
Penalties III 112
Purpose III 101
Responsibilities of Offended Persons III 110
Running at Large Prohibited III 104
Severability III 113
Vicious Animals III 109
ANIMALS, see also MOBILE HOMES AND MOBILE HOME PARKS
ANIMALS, see also PARKS AND RECREATIONAL AREAS
ANTENNAE, CELLULAR COMMUNICATIONS, see ZONING,

APPAREL, APPROPRIATE, see PARKS AND RECREATIONAL

AREAS
APPEALS, see ZONING, Administration and Enforcement
APPLICATION FORMS
Subdivision and Land Development Review XXVII 801
ARREST, RESISTING, see CONDUCT
ARTIFICIAL FLOW, see SEWERS AND SEWAGE DISPOSAL,

AS-BUILT/IMPROVEMENTS PLAN, see SUBDIVISION AND

LAND DEVELOPMENT, Plan Requirements
AS-BUILT PLAN REQUIREMENTS, see SUBDIVISION AND

LAND DEVELOPMENT, Appendices (Appendix E)
ASSEMBLY, UNLAWFUL, see CONDUCT
ASSIST POLICE OFFICER, FAILURE TO, see CONDUCT
ATHLETIC EQUIPMENT, see PARKS AND RECREATIONAL AREAS
ATTORNEYS FEES, see ADMINISTRATION AND GOVERNMENT
ATTRACT ATTENTION, CREATION OF NOISE TO, see CONDUCT
INDEX-3
AUTHORITIES
Amity Township Municipal Authority
Articles of Incorporation I 511
Board Members I 514
Filing of Articles of Incorporation
and Proofs of Publication I 513
Intention and Desire to Organize I 510
Publication of Notice I 512
Purpose I 515
Amity Township School Authority
Articles of Incorporation I 502
Filing of Articles of Incorporation and
Proofs of Publication I 504
Intention and Desire to Organize I 501
Publication of Notice I 503
BARRICADES, see MOTOR VEHICLES AND TRAFFIC, Block

Parties, Parades and Special Events
BASE COURSES, see STREETS, SIDEWALKS, DRIVEWAYS AND

CURBS, Street Paving
BED AND BREAKFAST HOUSE, see ZONING, Supplementary

Regulations
BENCHES, see PARKS AND RECREATIONAL AREAS
BERKS COUNTY EMERGENCY RESPONSE TEAM I

Agency Employees I 1012
Agency Powers and Duties I 1010
Authority to Enter Agreement I 1005
Definitions I 1003
Finances I 1007
Grant of Power I 1002
Municipality Participation I 1009
Organization I 1006
Participation in Agency I 1004
Property I 1011
Purpose I 1001
Term I 1008
BILL OF RIGHTS, LOCAL TAXPAYER, see ADMINISTRATION

AND GOVERNMENT
BITUMINOUS PAVEMENTS, see STREETS, SIDEWALKS,

DRIVEWAYS AND CURBS, Street Paving
BLASTING REQUIREMENTS, see ZONING, Supplementary

Regulations
BLEACHERS, see PARKS AND RECREATIONAL AREAS
BLOCK PARTIES, see MOTOR VEHICLES AND TRAFFIC,

BLOCKS, see SUBDIVISION AND LAND DEVELOPMENT, Design

Standards and Required Improvements
BMPs, see STORMWATER MANAGEMENT
BOARDING HOUSE, see ZONING, Supplementary Regulations
INDEX-4
BOARDS
Parks and Recreation Board
Appointment I 602
Compensation I 602
Establishment of Board of Recreation I 601
Term I 602
Zoning Hearing Board
Appointment I 611
Creation I 610
Decisions, Pending & Previously Rendered I 613
Duties I 612
Establishment I 610
Re-enactment I 615
Removal I 611
Repeal I 615
Severability I 614
Term I 611
BOND, IMPROVEMENT, see SUBDIVISION AND LAND

DEVELOPMENT, Contracts, Fees and Contributions
BUILDING PERMITS, see FLOOD PLAIN MANAGEMENT,

Administration
BUILDING SEWERS, see SEWERS AND SEWAGE DISPOSAL,

BULLETIN BOARDS, see CONDUCT
BUSINESS REGULATIONS, see LICENSES, PERMITS AND

GENERAL BUSINESS REGULATIONS
CABLE TELEVISION, see FRANCHISES
CAMPGROUND STANDARDS, COMMERCIAL, see ZONING,

CEASE AND DESIST ORDERS, see SEWERS AND SEWAGE

DISPOSAL, Public Sewage Disposal System
CELLULAR COMMUNICATIONS ANTENNAE, see ZONING,

CESSPOOL, see SEWERS AND SEWAGE DISPOSAL, Public

Sewage Disposal System
CHEMICALS, see PARKS AND RECREATIONAL AREAS
CIVIL DISORDER, see CONDUCT
CLUSTER DEVELOPMENT REGULATIONS, see ZONING
CODE ENFORCEMENT
Adoption of VI 201
Severability VI 202
Administer, Election to VI 101
Administration of VI 104
Adoption of VI 102
Appeals, Board of VI 105
INDEX-5
Board of Appeals VI 105

Election to Administer and Enforce VI 101
Enforce, Election to VI 101
Enforcement of VI 104
Fees VI 107
Previously Adopted Codes VI 106
Revisions to VI 103
Severability VI 108
CODE ENFORCEMENT OFFICER, see ADMINISTRATION

AND GOVERNMENT
COMBUSTIBLE MATERIALS, see FIRE PREVENTION AND FIRE

PROTECTION, Fire Prevention and Public Safety
COMMERCIAL CAMPGROUND STANDARDS, see ZONING,

COMMERCIAL DISTRICTS, see ZONING
COMMISSIONS
Amity Township Planning Commission
Creation I 650
Duties I 652
Establishment I 651
Number of Members I 651
Powers I 652
Terms of Office I 651
COMMUNICATIONS ANTENNAE, CELLULAR, see ZONING,

COMMUNITY DEVELOPMENT, TRANSITIONAL-AGE, see ZONING,

COMMUNITY DEVELOPMENT OBJECTIVES, see ZONING,

General Provisions
COMMUNITY FACILITIES, see SUBDIVISION AND LAND

DEVELOPMENT, Design Standards and Required
Improvements
COMPREHENSIVE PLAN, see PLANS
CONCEALED DEADLY WEAPONS, see CONDUCT
CONDENSATE LINES, see PLUMBING
CONDITIONAL USES, see ZONING, Administration and

Enforcement
CONDUCT
Conduct
Advertisements, Posting of VII 118
Air Guns, Confiscation of VII 109
Assembly, Unlawful VII 105
Assist Police Officer, Failure to VII 130
Bulletin Boards VII 125
Concealed Deadly Weapons VII 111
Defacement or Disfigurement of Property VII 127
Definition of Person VII 102
Disorder, Civil VII 106
INDEX-6
Explosives VII 107

False Alarm VII 134
Firearms VII 108
Fireworks VII 112
Gambling Devices VII 117
Gambling Establishments VII 112
Garbage, Accumulation of VII 122
Hunting Areas, Prohibited VII 110
Impersonation of Police Officer VII 128
Indecent Acts VII 114
Indecent or Immoral Character VII 113
Injury or Damage to Person or Property VII 103
Interference with Police Officer VII 129
Junk, Accumulation of VII 122
Loitering VII 121
Noise to Attract Attention, Creation of VII 133
Obstruction of Passages VII 120
Obstructions VII 125
Pellet Guns, Confiscation of VII 109
Penalties VII 135
Prisoner Aid VII 132
Profane Language VII 115
Prostitution Establishments VII 116
Public Disorder VII 119
Public Property, Destruction of VII 126
Purpose VII 101
Resisting Arrest VII 131
Rubbish, Accumulation of VII 122
Severability VII 136
Signs VII 125
Throwing of Materials VII 104
Waste Products, Discharge of VII 123
Wastewater, Discharge of VII 124
Noise
Amplifying Equipment, Mounted VII 208
Background VII 201
Definitions VII 202
Enforcement VII 216
Exemptions
From Sound Level Limits VII 214
From This Part VII 215
Horn Blowing, Unnecessary VII 207
Impulsive Sound VII 212
Measuring Instruments VII 213
Motor Vehicles
On Public Right-of-Way VII 205
Standing VII 206
Motorcycles on Public Right-of-Way VII 205
Noise Disturbance Prohibited VII 203
Parental Responsibility for Minors VII 218
Penalties VII 217
Pure Tone VII 212
Sound Levels
Exceeded VII 210
Exemptions from Limits VII 214
Maximum Possible by Zoning
Districts VII 209
Where Measured VII 211
Specific Prohibited Acts VII 204
INDEX-7
Tobacco, Use of by Certain Minors

Definitions VII 301
Penalties VII 303
Prohibited Activities VII 302
Violations VII 303
CONFISCATION OF AIR AND PELLET GUNS, see CONDUCT
CONNECTIONS, SEWER, see SEWER AND SEWAGE DISPOSAL
CONSERVATION DISTRICT, RURAL - RC, see ZONING,

CONSTRUCTION CODE, UNIFORM, see CODE ENFORCEMENT
CONSTRUCTION STANDARDS, see FLOOD PLAIN MANAGEMENT,

CONVERSION STANDARDS, RESIDENTIAL, see ZONING,

CORNER LOT RESTRICTIONS, see ZONING, Supplementary

Regulations
COUNCILS
Amity Township Economic Development Advisory
Council
Appointment I 682
Compensation I 684
Compliance with Law I 683
Coordination of Activities I 685
Creation I 680
Duties I 687
Funds I 689
Officers I 686
Powers I 687
Records I 688
Amity Township Environmental Advisory Council
Appointment I 672
Compensation I 674
Compliance with Law I 673
Coordination of Activities I 675
Creation I 670
Duties I 677
Funds I 679
Officers I 676
Powers I 677
Records I 678
COUNTY CONSERVATION DISTRICT, see FLOOD PLAIN

MANAGEMENT, Administration
CURBS, see STREETS, SIDEWALKS, DRIVEWAYS AND CURBS;

see also SUBDIVISION AND LAND DEVELOPMENT, Design
INDEX-8
CURFEW
Definitions VIII 101
Enforcement VIII 105
Penalties VIII 105
Severability VIII 106
Unlawful Conduct
Minors VIII 102
Owners or Operators of Establishments VIII 104
Parents VIII 103
DAMAGE TO PERSON OR PROPERTY, see CONDUCT
DANGEROUS ANIMALS, see ANIMALS, Animal Nuisances
DEADLY WEAPONS, CONCEALED, see CONDUCT
DEFACEMENT OF PROPERTY, see CONDUCT
DELINQUENT TAX COLLECTOR, see ADMINISTRATION AND

GOVERNMENT
DESIGN STANDARDS, see FLOOD PLAIN MANAGEMENT,

Technical Provisions; see also SUBDIVISION AND
LAND DEVELOPMENT; see also ZONING
DESIST ORDERS, CEASE AND, see SEWERS AND SEWAGE

DESTRUCTION OF PUBLIC PROPERTY, see CONDUCT
DETACHED DWELLING DEVELOPMENTS, TWO-FAMILY, see

ZONING, Supplementary Regulations
DETENTION BASINS STANDARDS, see STORMWATER

MANAGEMENT
DETONATION REQUIREMENTS, see ZONING, Supplementary

Regulations
DEVELOPMENT REGULATIONS, TRANSITIONAL-AGE, see

DEVELOPMENT STANDARDS, see ZONING
DIAGRAMS
Lot and Setback Requirements XXXII 1202
Permanent Restoration (Street Excavations) XXVI 313
Temporary Restoration (Street Excavation) XXVI 314
Types of Dwelling Units XXXII 1201
DILUTION, see SEWERS AND SEWAGE DISPOSAL, Public

DISCHARGE OF FIREARMS, see HEALTH AND SAFETY
DISCHARGE OF SEWAGE, see SEWERS AND SEWAGE

DISCHARGE OF WASTE PRODUCTS, see CONDUCT
DISCHARGE OF WASTEWATER, see also CONDUCT
INDEX-9
DISCHARGE SYSTEMS, STREAM, see SEWERS AND SEWAGE

DISPOSAL
DISCHARAGES, see STORMWATER MANAGEMENT
DISCHARGES, WASTE, see SEWERS AND SEWAGE DISPOSAL,

Public Sewer Disposal System
DISCLOSURE STATEMENTS, see ADMINISTRATION AND

GOVERNMENT, Local Taxpayer Bill of Rights
DISFIGUREMENT OF PROPERTY, see CONDUCT
DISORDER, CIVIL, see CONDUCT
DISORDER, PUBLIC, see CONDUCT
DISPOSAL FACILITIES, SOLID WASTE, see ZONING,

DISTURBANCE, NOISE, see CONDUCT, Noise
DOGS, see ANIMALS
DRAINAGE PLANS, see STORMWATER MANAGEMENT
DRAINS, see STREETS, SIDEWALKS, DRIVEWAYS AND CURBS,

Street Excavations
DRAINS, ROOF, see STORMWATER MANAGEMENT
DRIVEWAYS, see SUBDIVISION AND LAND DEVELOPMENT,

Design Standards and Required Improvements; see
also ZONING, Supplementary Regulations
DRUGS, see PARKS AND RECREATIONAL AREAS
DUMPING, see GARBAGE, REFUSE, SOLID WASTE AND

RECYCLING, Garbage and Refuse
DWELLING TYPES, OTHER, see ZONING, Supplementary

Regulations
EARNED INCOME TAX, see TAXATION, SPECIAL
EASEMENTS, see SUBDIVISION AND LAND DEVELOPMENT,

ECONOMIC DEVELOPMENT ADVISORY COUNCIL, AMITY

TOWNHSIP, see COUNCILS
ELECTRICITY, see MOBILE HOMES AND MOBILE HOME PARKS
ELEVATION, see SEWERS AND SEWAGE DISPOSAL, Public

ELEVATION REQUIREMENTS, see FLOOD PLAIN MANAGEMENT,

EMERGENCY CLOSING OF CERTAIN HIGHWAYS, see MOTOR

VEHICLES AND TRAFFIC, General Regulations
INDEX-10
EMERGENCY REGULATIONS, see MOTOR VEHICLES AND

TRAFFIC, General Regulations
EMERGENCY RESPONSE PLAN, see PLANS
ENERGY SYSTEMS, SOLAR, see ZONING, Supplementary

Regulations
ENVIRONMENTAL ADVISORY COUNCIL, AMITY TOWNSHIP,

See COUNCILS
ENVIRONMENTAL PERFORMANCE STANDARDS FOR COMMERCIAL

AND INDUSTRIAL DISTRICTS, see ZONING, Supplementary
Regulations
ENVIRONMENTAL PROTECTION OVERLAY DISTRICTS, see

ZONING
EQUIPMENT, ATHLETIC, see PARKS AND RECREATIONAL AREAS
EROSION AND SEDIMENT CONTROL, see STORMWATER MANAGEMENT
EROSION CONTROL, see SUBDIVISION AND LAND DEVELOPMENT,

EXCAVATING, see ZONING, Supplementary Regulations
EXCAVATIONS, STREET, see STREETS, SIDEWALKS,

DRIVEWAYS AND CURBS
EXPLOSIVES, see CONDUCT
EXPORTATION OF GROUNDWATER, see ZONING,

EXTRACTION OF GROUNDWATER, see ZONING,

FAILURE TO ASSIST POLICE OFFICER, see CONDUCT
FALSE ALARMS, see CONDUCT, see also FIRE

PREVENTION AND FIRE PROTECTION, Fire
Prevention and Public Safety, see also
FEDERAL CATEGORICAL PRETREATMENT STANDARDS, see

SEWERS AND SEWAGE DISPOSAL, Public Sewage
Disposal System
FENCES, see ZONING, Supplementary Regulations
FIGURES
Figure B-1 – NRCS 9SCS) Type II Rainfall
Distribution – S Curve XXV 1004
Figure B-2 – PennDOT Delineated Regions XXV 1005
Figure B-3 – PennDOT Region 4 Storm
Intensity-Duration-Frequency Curve XXV 1006
Figure B-4 – Recommendation Chart for
Infiltration Stormwater Management
BMPs in Carbonate Areas XXV 1010
INDEX-11
FILLING, see ZONING, Supplementary Regulations
FINAL PLAN, see SUBDIVISION AND LAND DEVELOPMENT,

Application Procedures; Plan Requirements
FIRE COMMITTEE, see FIRE PREVENTION AND FIRE PROTECTION
FIRE INSURANCE ESCROW, see FIRE PREVENTION AND FIRE

PROTECTION
FIRE LANES, see MOTOR VEHICLES AND TRAFFIC
FIRE MARSHALL, see FIRE PREVENTION AND FIRE PROTECTION
FIRE PREVENTION AND FIRE PROTECTION

Fire Committee
Duties IX 102
Penalties IX 103
Rights IX 102
Severability IX 104
Construction IX 404
Insurance Company Rights Reserved IX 403
Limits of Liability IX 402
Notification of Pennsylvania Department
of Community and Economic Development IX 405
Penalty IX 406
Severability IX 407
Use of Fire Insurance Proceeds IX 401
Fire Marshall
Appointment IX 101
Penalties IX 103
Severability IX 104
Combustible Materials, Storage of IX 205
Defective Condition IX 202
Definition of Person IX 201
False Alarms IX 203
Hazardous Condition IX 202
Materials Liable to Spontaneous Ignition,
Depositing of IX 204
Penalties IX 206
Severability IX 207
Open Fires
Definitions IX 301
Enforcement IX 302
Limitations IX 304
Penalties IX 305
Regulations IX 303
Severability IX 306
FIRE PROTECTION, see MOBILE HOMES AND MOBILE HOME

PARKS
FIREARMS, see CONDUCT
FIREARMS, DISCHARGE OF, see HEALTH AND SAFETY
FIRES, see PARKS AND RECREATIONAL AREAS
FIREWORKS, see CONDUCT
INDEX-12
FLAG LOTS, see ZONING, Supplementary Regulations
FLOOD PLAIN MANAGEMENT

Activities Requiring Special Permits
Application Requirements for Special
Permits X 502
Application Review Procedures X 503
General X 501
Special Technical Requirements X 504
Administration
Appeals X 210
Application Procedures and Requirements X 204
Changes X 206
Designation of Floodplain Administrator X 201
Enforcement X 209
Fees X 211
Issuance of Building Permit and General
Regulation X 203
Permits Required X 202
Placards X 207
Review of Application by Others X 205
Start of Construction X 208
Definitions
General X 801
Specific Definitions X 802
Existing Structures in Identified Floodplain
Areas
Existing Structures X 601
Improvements X 602
General Provisions
Abrogation and Greater Restrictions X 104
Applicability X 103
Intent X 102
Repealer X 107
Severability X 105
Statutory Authorization X 101
Warning and Disclaimer of Liability X 106
Identification of Flood Plain Areas
Boundary Disputes X 304
Changes in Identification of Area X 303
Description and Special Requirements
Of Identified Floodplain Areas X 302
Identification X 301
Jurisdictional Boundary Changes X 305
Design and Construction Standards X 403
Development Which May Endanger Human Life X 404
Elevation and Floodproofing Requirements X 402
General X 401
Special Requirements for Subdivisions X 405
Special Requirements for Manufactured
Homes X 406
Special Requirements for Recreational
Vehicles X 407
Variances
General X 701
Variance Procedures and Conditions X 702
FLOODPLAIN OVERLAY DISTRICT, see ZONING,

Environmental Protection Overlay Districts
INDEX-13
FLOODPROOFING REQUIREMENTS, see FLOOD PLAIN

MANAGEMENT, Technical Provisions
FORMS
Application Form for Subdivision and Land
Development Review XXVII 801
Model Formats XXVII 802
FRANCHISES, See Appendix B, Agreements
FRONT YARD EXCEPTIONS, see ZONING, Supplementary

Regulations
GAMBLING, see PARKS AND RECREATIONAL AREAS
GAMBLING DEVICES, see CONDUCT
GAMBLING ESTABLISHMENTS, see CONDUCT
GARBAGE, see PARKS AND RECREATIONAL AREAS
GARBAGE, ACCUMULATION OF, see CONDUCT
GARBAGE, REFUSE, SOLID WASTE AND RECYCLING

Garbage and Refuse
Accumulation XII 101
Dumping XII 101
Penalties XII 102
Landfills
Definitions XII 202
Hazardous Waste XII 219
Hearing, Public XII 218
Inspection XII 212
Insurance XII 220
Nuisances, Abatement of XII 215
Operating Fee XII 213
Permit XII 203
Application XII 206
Fees XII 204
Issuance XII 208
Renewal XII 205
Requirement XII 203
Revocation XII 216
Suspension XII 216
Transfer XII 209
Transfer Fee XII 210
Records XII 211
Regulations XII 207
Restoration of Land XII 217
Savings Clause XII 222
Severability XII 221
Short Title XII 201
Violations XII 214
Collection XII 309
Collectors, Municipal Waste/Recyclable XII 313
Commercial Separation and Collection XII 308
Exemption XII 310
Definitions XII 302
Institutional Separation and Collection XII 308
Leaf Waste, Separation of XII 305
INDEX-14
Multifamily Properties
Collection XII 307
Separation XII 306
Municipal Separation and Collection XII 308
Ownership of Materials XII 311
Penalties XII 316
Processing XII 209
Proof of Contract XII 313
Recyclable Materials XII 303
Recyclable Materials, Separation of XII 304
Regulations XII 315
Requirement of Contract XII 312
Rules XII 315
Severability XII 318
Title XII 301
Violations XII 314
GOLF, see PARKS AND RECREATIONAL AREAS
GRADING, see ZONING, Supplementary Regulations
GROUND WATER RECHARGE, see STORMWATER MANAGEMENT
GROUNDWATER, EXPORTATION AND EXTRACTION, see ZONING,

GUARANTEES, IMPROVEMENTS, see SUBDIVISION AND LAND

GUARANTEES, MAINTENANCE, see SUBDIVISION AND LAND

GUNS, AIR AND PELLET, CONFISCATION OF, see CONDUCT
GUTTERS, see STREETS, SIDEWALKS, DRIVEWAYS AND CURBS
HALLUCINOGENIC MATERIALS, see PARKS AND RECREATIONAL

AREAS
HAZARDOUS AREAS, see ZONING, Supplementary

Regulations
HAZARDOUS WASTE, see GARBAGE, REFUSE, SOLID WASTE

AND RECYCLING, Landfills
HAZARDOUS WASTE, DISCHARGE OF, see SEWERS AND

SEWAGE DISPOSAL, Public Sewage Disposal System
HC - HIGHWAY COMMERCIAL DISTRICT, see ZONING,

HEALTH AND SAFETY

Firearms, Discharge of
Definitions XIV 301
Exemptions XIV 303
Penalties XIV 304
Prohibited Activities XIV 302
Severability XIV 305
Violations XIV 304
Authority to Remedy Noncompliance XIV 105
Definitions XIV 101
INDEX-15
Hearing XIV 106

Inspection XIV 104
Notice to Comply XIV 104
Penalties XIV 107
Prohibited, Vehicle Nuisances XIV 102
Remedies Not Mutually Exclusive XIV 108
Storage of Vehicle Nuisances Permitted XIV 103
Weeds
Municipality May Do Work and Collect Cost
and Additional Amount XIV 203
Notice to Remove, Trim or Cut XIV 203
Penalties for Violation XIV 204
Responsibility for Removing, Cutting or
Trimming XIV 202
Vegetative Growth a Nuisance Under
Certain Condition XIV 201
HEDGES, see ZONING, Supplementary Regulations
HEIGHT EXCEPTIONS, see ZONING, Supplementary

Regulations
HIGH WATER TABLE OVERLAY DISTRICT, see ZONING,

Environmental Protection Overlay District
HIGHWAY COMMERCIAL DISTRICT - HC, see ZONING,

HIGHWAY FRONTAGE DEVELOPMENT, see ZONING,

HOLDING TANKS, see SEWERS AND SEWAGE DISPOSAL
HOME OCCUPATION REGULATIONS, see ZONING,

HORN BLOWING, see CONDUCT, Noise
HUNTING, see PARKS AND RECREATIONAL AREAS
HUNTING AREAS, PROHIBITED, see CONDUCT
HYDRIC SOIL OVERLAY DISTRICT, see ZONING,

ICE, REMOVAL OF VEHICLE FROM PUBLIC STREETS UPON

ACCUMULATION OF, see MOTOR VEHICLES AND TRAFFIC,
Parking Regulations
IMMORAL CHARACTER, see CONDUCT
IMPACT FEES
Additional Requirement, Transportation
Impact Fee as XVI 112
Administration XVI 109
Areas, Transportation Service XVI 114
Calculation XVI 108
Conditions XVI 103
Credits XVI 110
Definitions XVI 104
INDEX-16
Exemptions XVI 107

Findings, General XVI 103
Imposition XVI 105
Purpose XVI 102
Refunds XVI 111
Service Areas, Transportation XVI 114
Severability XVI 113
Title XVI 101
Transportation Impact Fee as Additional
Requirement XVI 112
Transportation Service Areas XVI 114
Uses XVI 106
IMPERSONATION OF POLICE OFFICER, see CONDUCT
IMPOUNDING OF MOTOR VEHICLES, see MOTOR VEHICLES AND

TRAFFIC, Abandonment, Impounding and Sale of
Motor Vehicles
IMPROVEMENT BOND, see SUBDIVISION AND LAND

IMPROVEMENT SPECIFICATIONS, see ZONING, Planned

Residential Development Regulations
IMPULSIVE SOUND, see CONDUCT, Noise
INCOME TAX, EARNED, see TAXATION, SPECIAL, Earned

Income Tax
INDECENT ACTS, see CONDUCT
INDECENT ACTS, see also PARKS AND RECREATIONAL AREAS
INDECENT CHARACTER, see CONDUCT
INDECENT LANGUAGE, see PARKS AND RECREATIONAL AREAS
INDUSTRIAL DISTRICT, LIGHT - LI, see ZONING, Zoning

District Regulations
INDUSTRIAL PARKS, see ZONING, Supplementary

Regulations
INDUSTRIAL USERS, see SEWERS AND SEWAGE DISPOSAL,

INFORMANT REWARDS, see SEWERS AND SEWAGE DISPOSAL,

INJURY OR DAMAGE TO PERSON OR PROPERTY, see CONDUCT
INSPECTION OF PLANS, PUBLIC, see SUBDIVISION AND

LAND DEVELOPMENT, Application Procedures
INSURANCE, CERTIFICATE OF, see PLUMBING
INSURANCE, LIABILITY, see MOTOR VEHICLES AND

TRAFFIC, Block Parties, Parades and Special Events
INTERFERENCE WITH POLICE OFFICER, see CONDUCT
INDEX-17
INTERNATIONAL PROPERTY MAINTENANCE CODE, see

CODE ENFORCEMENT
INTERSECTIONS, VISIBILITY AT, see ZONING,

INTOXICATING BEVERAGES, see PARKS AND RECREATIONAL

AREAS
IRRIGATION SYSTEMS, SPRAY, see SEWERS AND SEWAGE

DISPOSAL
JUNK YARDS, see LICENSES, PERMITS AND GENERAL

BUSINESS REGULATIONS
JUNKYARD STANDARDS, see ZONING, Supplementary

Regulations
KENNELS, see ZONING, Supplementary Regulations
LAND DEVELOPMENT, see SUBDIVISION AND LAND DEVELOPMENT
LAND USES, OTHER, see ZONING, Supplementary

Regulations
LANDFILLS, see GARBAGE, REFUSE, SOLID WASTE AND

RECYCLING
LANDSCAPE REGULATIONS, see SUBDIVISION AND LAND

Improvements
LANGUAGE, PROFANE, see CONDUCT
LDR - LOW DENSITY RESIDENTIAL DISTRICT, see ZONING,

LEAF WASTE, see GARBAGE, REFUSE, SOLID WASTE AND

RECYCLING, Municipal Waste and Recyclable Collection
LI - LIGHT INDUSTRIAL DISTRICT, see ZONING, Zoning

LIABILITY, see MOTOR VEHICLES AND TRAFFIC, Block

Parties, Parades and Special Events
LIABILITY INSURANCE, see MOTOR VEHICLES AND TRAFFIC,

LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS

Junk Yards
Definitions XVII 102
License XVII 103
Abatement of Nuisances XVII 115
Application XVII 104
Disposal, Delay in XVII 111
Fee XVII 106
Inspection XVII 113
Issuance XVII 105
Limitation XVII 107
Penalties for Violation XVII 114
INDEX-18
Regulations XVII 112

Transfer XVII 108
Transfer Fee XVII 109
Records XVII 110
Severability XVII 116
Title, Short XVII 101
Peddling
Definitions XVII 201
Enforcement XVII 214
Hours, Permitted XVII 206
License
Application XVII 203
Exhibition XVII 205
Fees XVII 204
Issuance XVII 205
Records XVII 210
Requirement XVII 202
Suspension XVII 211
Locations Not Permitted, Fixed XVII 209
Loudspeakers Not Permitted XVII 207
Penalties XVII 212
Severability XVII 213
Supervision XVII 210
Use of Streets and Curbs XVII 208
LIEN ON PROPERTY, see SEWERS AND SEWAGE DISPOSAL,

LIGHT INDUSTRIAL DISTRICT - LI, see ZONING, Zoning

LIGHTING, see ZONING, Supplementary Regulations
LIGHTING, EXTERIOR, see MOBILE HOMES AND MOBILE

HOME PARKS
LIGHTING REQUIREMENTS AND DESIGN STANDARDS, see

SUBDIVISION AND LAND DEVELOPMENT, Design
LOADING AREAS, OFF-STREET, see SUBDIVISION AND LAND

Improvements; see also ZONING, Supplementary
Regulations
LOCAL SERVICES TAX, see TAXATION, SPECIAL
LOCAL TAXPAYER BILL OF RIGHTS, see ADMINISTRATION

AND GOVERNMENT
LOITERING, see CONDUCT
LOTS, see SUBDIVISION AND LAND DEVELOPMENT, Design

LOUDSPEAKERS, see LICENSES, PERMITS AND GENERAL

BUSINESS REGULATIONS, Peddling
LOW DENSITY RESIDENTIAL DISTRICT - LDR, see ZONING,

INDEX-19
MAINTENANCE CODE, INTERNATIONAL PROPERTY, see CODE

ENFORCEMENT
MANAGER, TOWNSHIP, see ADMINISTRATION AND GOVERNMENT
MANUFACTURED HOMES, SPECIAL REQUIREMENTS FOR, see

FLOOD PLAIN MANAGEMENT, Technical Provisions
MAP, ZONING, see ZONING
MARKERS, see SUBDIVISION AND LAND DEVELOPMENT, Design

MDR - MEDIUM DENSITY RESIDENTIAL DISTRICT, see

ZONING, Zoning District Regulations
MEDIUM DENSITY RESIDENTIAL DISTRICT - MDR, see

MHP - MOBILE HOME PARK DISTRICT, see ZONING,

MINING OPERATIONS, see ZONING, Supplementary

Regulations
MINORS, PARENTAL RESPONSIBILITY FOR, see PARKS AND

RECREATIONAL AREAS, Parks and Recreational Areas,
see also CONDUCT, Noise, see also PARKS AND
RECREATIONAL AREAS, Skateboard Parks
MINORS, UNLAWFUL CONDUCT, see CURFEW
MINORS, USE OF TOBACCO BY CERTAIN, see CONDUCT,

Tobacco
MOBILE HOME PARK DISTRICT - MHP, see ZONING,

MOBILE HOME PARK REGULATIONS, see ZONING
MOBILE HOME PARKS, see MOBILE HOMES AND MOBILE HOME

PARKS

Additions XVIII 112
Alterations XVIII 112
Animals, Restrictions of XVIII 112
Conflict of Ordinance XVIII 115
Definitions XVIII 101
Electricity XVIII 109
Fire Protection XVIII 111
Fuel XVIII 110
Invalidity XVIII 115
Layout, General XVIII 103
Lighting, Exterior XVIII 109
Locations XVIII 103
Parking Areas XVIII 104
Penalties XVIII 114
Permits XVIII 102
Pets, Restrictions of XVIII 112
Refuse Disposal XVIII 108
Roads XVIII 104
INDEX-20
Service Building XVIII 107

Severability XVIII 116
Sewage Disposal XVIII 105
Space XVIII 103
Supervision XVIII 113
Water Supply XVIII 106
MONUMENTS, see SUBDIVISION AND LAND DEVELOPMENT,

MOTOR VEHICLE NUISANCES, see HEALTH AND SAFETY
MOTOR VEHICLES, see also CONDUCT, Noise
MOTOR VEHICLES AND TRAFFIC

Abandonment, Impounding and Sale of Motor
Vehicles
Abandonment of Motor Vehicles XIX 601
Impounding of Abandoned Motor Vehicles XIX 602
Sale of Unclaimed Abandoned or Impounded
Motor Vehicles XIX 603
Application for Permit, Determination
of Approval or Disapproval XIX 704
Barricades XIX 707
Cleanup After Event XIX 706
Definitions XIX 702
Fees XIX 704
Insurance, Liability XIX 708
Liability XIX 708
Liability Insurance XIX 708
Obstacles XIX 707
Penalties XIX 709
Permit Application, Determination of
Approval or Disapproval XIX 704
Permit Required XIX 703
Permit, Validity of XIX 705
Purpose XIX 701
Validity of Permit XIX 705
Fire Lanes
Authority to Establish and Mark XIX 503
Compliance XIX 505
Continuation of Prior Regulations and
Ordinances XIX 502
Definitions XIX 501
Interpretation XIX 501
Marking XIX 504
Penalties XIX 506
Posting XIX 504
Severability XIX 507
General Regulations
Authority of Police Officers XIX 107
Continuation of Prior Regulations and
Ordinances XIX 103
Definition of Person XIX 102
Definitions XIX 101
Emergency Closing of Certain Highways XIX 106
Emergency Regulations XIX 105
Interpretation XIX 101
Manner of Adopting Permanent Traffic and
Parking Regulations XIX 104
Severability XIX 108
INDEX-21
Temporary Regulations XIX 105

Parades, see Block Parties, Parades and
Special Events
Parking Regulations
No Parking Areas XIX 402
Parking Prohibited at All Times in
Certain Locations XIX 401
Parking, Standing and Storage of Certain
Vehicles and Equipment XIX 404
Penalty for Violation XIX 405
Removal of Vehicle from Public Streets
Upon Accumulation of Snow, Ice or Sleet XIX 403
Penalties XIX 302
Vehicle Weight Limits Established XIX 301
Special Events, see Block Parties, Parades and
Special Events
Traffic Regulations
One-Way Streets Established XIX 205
Passenger Motor Vehicles Only, Certain
Streets and Portions Thereof for Use by XIX 207
Play Highways Authorized XIX 204
Sidewalks, Motor Vehicles Not to be
Driven on XIX 202
Speed Limits Established, Maximum XIX 203
Stop Intersections Established XIX 206
Transporting Materials to Prevent
Scattering, Operation of Motor Vehicles XIX 201
MOTOR VEHICLES, PERMITTED, see PARKS AND RECREATIONAL

AREAS
MOTORCYCLES, see CONDUCT, Noise
MOTORIZED VEHICLES, see PARKS AND RECREATIONAL AREAS
MULTI-FAMILY DEVELOPMENTS, see ZONING, Supplementary

Regulations
MUNICIPAL AUTHORITIES, see SUBDIVISION AND LAND

MUNICIPAL AUTHORITY, see AUTHORITIES
MUNICIPAL WASTE, see GARBAGE, REFUSE, SOLID WASTE AND

RECYCLING
NAMING OF STREETS, see STREETS, SIDEWALKS, DRIVEWAYS

AND CURBS
NOISE, see ANIMALS, Animal Nuisances
NOISE, CREATION OF TO ATTRACT ATTENTION, see CONDUCT
NOISE, see CONDUCT
NONCONFORMING BUILDINGS, see ZONING, Nonconformities
NONCONFORMING LOTS OF RECORD, see ZONING,

Nonconformities
NONCONFORMING STRUCTURES, see ZONING, Nonconformities
INDEX-22
NONCONFORMING USES OF LAND, see ZONING,

Nonconformities
NONCONFORMITIES, see FLOOD PLAIN MANAGEMENT,

Existing Structures in Identified Flood Plain
Areas; see also ZONING
NON-UNIFORMED EMPLOYEE PENSION, see PENSIONS AND

PENSION FUNDS
NOTICES, see PARKS AND RECREATIONAL AREAS
NPDES REQUIREMENTS, see STORMWATER MANAGEMENT
NUISANCES, ANIMAL, see ANIMALS
OBSTACLES, see MOTOR VEHICLES AND TRAFFIC,

OBSTRUCTION OF PASSAGES, see CONDUCT
OBSTRUCTIONS, see CONDUCT
ODORS, OFFENSIVE, see ANIMALS, Animal Nuisances
OFFICE/RESEARCH PARK, PROFESSIONAL, see ZONING,

OFFICIAL ZONING MAP, see ZONING
OFF-STREET LOAD AREAS, see ZONING, Supplementary

Regulations
OFF-STREET PARKING AND LOADING AREAS, see SUBDIVISION

AND LAND DEVELOPMENT, Design Standards and Required
Improvements
OFF-STREET PARKING FACILITIES, see ZONING,

ON-LOT SEWAGE DISPOSAL SYSTEMS, see SEWERS AND

SEWAGE DISPOSAL
ONE-WAY STREETS, see MOTOR VEHICLES AND TRAFFIC,

Traffic Regulations
OPEN FIRES, see FIRE PREVENTION AND FIRE PROTECTION
OPEN SPACE, see SUBDIVISION AND LAND DEVELOPMENT,

OPEN SPACE STANDARDS, see ZONING
OUTDOOR STORAGE, see ZONING, Supplementary

Regulations
OVERLAY DISTRICTS, see ZONING
PARADES, see MOTOR VEHICLES AND TRAFFIC, Block

Parades and Special Events
INDEX-23
PARCELS, see SUBDIVISION AND LAND DEVELOPMENT,

PARENTAL RESPONSIBILITY FOR MINORS, see PARKS AND

RECREATIONAL AREAS, Parks and Recreational Areas,
see also CONDUCT, Noise, see also PARKS AND
RECREATIONAL AREAS, Skateboard Parks
PARENTS, UNLAWFUL CONDUCT, see CURFEW
PARK USAGE PERMITS, see PARKS AND RECREATIONAL AREAS
PARKING, see PARKS AND RECREATIONAL AREAS
PARKING AREAS, see MOBILE HOMES AND MOBILE HOME PARKS
PARKING AREAS, DESIGNATED, see PARKS AND RECREATIONAL

AREAS
PARKING AREAS, OFF-STREET, see SUBDIVISION AND LAND

Improvements
PARKING FACILITIES, OFF-STREET, see ZONING,

PARKING REGULATIONS, see MOTOR VEHICLES AND TRAFFIC
PARKING REGULATIONS, see also MOTOR VEHICLES AND

PARKS AND RECREATION BOARD, see BOARDS
PARKS AND RECREATION BOARD, see also PARKS AND

RECREATIONAL AREAS
PARKS AND RECREATIONAL AREAS

Parks and Recreation Areas
Advertisements XX 116
Alcoholic Beverages XX 107
Animals XX 110
Animals, Dead XX 111
Apparel, Appropriate XX 118
Athletic Equipment XX 120
Benches XX 105
Bleachers XX 105
Chemicals XX 107
Drugs XX 107
Enforcement XX 129
Entrance XX 104
Exit XX 104
Fires XX 117
Gambling XX 108
Garbage XX 112
Golf XX 119
Hallucinogenic Materials XX 107
Hours, Park XX 103
Hunting XX 122
Indecent Acts XX 108
Indecent Language XX 108
Intoxicating Beverages XX 107
Notices XX 115
INDEX-24
Offensive Matter XX 111

Parental Responsibility for Minors XX 133
Parking XX 124
Parking Areas, Designated XX 127
Parks and Recreation Board
Responsibilities XX 130
Penalties for Violations XX 132
Permits, Park Usage XX 131
Projectiles XX 121
Property Damage or Injury XX 113
Purpose XX 102
Rubbish XX 112
Seats XX 105
Severability XX 134
Signs XX 115
Signs, Unauthorized Vehicle XX 126
Smoking XX 107
Solicitations XX 109
Tables XX 105
Title XX 101
Toilet Facilities XX 106
Uses, Prohibited XX 123
Vehicles, Motorized or Propelled XX 125
Vehicles, Permitted Motor XX 128
Wildlife XX 114
Skateboard Parks
Definitions XX 202
Enforcement XX 206
Establishment XX 201
Minors, Parental Responsibility for XX 208
Parental Responsibility for Minors XX 208
Penalties XX 207
Rules XX 203
Rules, General Park XX 204
Severability XX 209
Signs XX 205
Violations XX 207
PASSAGES, OBSTRUCTION OF, see CONDUCT
PATHWAYS, see SUBDIVISION AND LAND DEVELOPMENT, Design

PAVING, STREET, see STREETS, SIDEWALKS, DRIVEWAYS

AND CURBS
PBOI – PLANNED BUSINESS/OFFICE/INDUSTRIAL DISTRICT, see ZONING,

PEDDLING, see LICENSES, PERMITS AND GENERAL

BUSINESS REGULATIONS
PELLET GUNS, CONFISCATION OF, see CONDUCT
PENSIONS AND PENSION FUNDS

Non-uniformed Employee Pension
Administration I 852
Assignment I 859
Definitions I 850
Disability, Total and Permanent I 856
Early Retirement I 861
Eligibility I 853
INDEX-25
Funding of Pensions I 851

Normal Retirement I 854
Normal Retirement Benefit I 855
Pre-Retirement Death Benefits I 857
Severability I 860
Termination Benefits I 858
Transfer I 859
Vesting I 858
Police Pension
Administration I 803
Assignment I 810
Definitions I 801
Disability, Total and Permanent I 807
Eligibility I 804
Expiration of Benefits I 809
Funding of Pensions I 802
Retirement, Normal I 805
Retirement Benefit, Normal I 806
Severability I 811
Termination Benefits I 808
Transfer I 810
Vesting I 808
PER CAPITA TAX, see TAXATION, SPECIAL
PERFORMANCE BONDS, see SEWERS AND SEWAGE DISPOSAL,

PERFORMANCE GUARANTEE, see STORMWATER MANAGEMENT
PERMITS, DISCHARGE, see SEWERS AND SEWAGE

PERMITS, see LICENSES, PERMITS AND GENERAL BUSINESS

REGULATIONS; see also ZONING, Administration and
Enforcement
PERMITS, WASTEWATER DISCHARGE, see SEWERS AND

SEWAGE DISPOSAL, Public Sewage Disposal System
PETS, see ANIMALS
PETS, see also MOBILE HOMES AND MOBILE HOME PARKS
PLANNING COMMISSION, see COMMISSIONS
PLAN, FINAL, see SUBDIVISION AND LAND DEVELOPMENT,

PLAN, PRELIMINARY, see SUBDIVISION AND LAND

DEVELOPMENT, Application Procedures
PLAN, SKETCH, see SUBDIVISION AND LAND DEVELOPMENT,

PLANNED BUSINESS/OFFICE/INDUSTRIAL DISTRICT - PBOI, see ZONING,

PLANNED RESIDENTIAL DEVELOPMENT REGULATIONS, see

ZONING
INDEX-26
PLANS
Comprehensive Plan
Acknowledgments I 710
Adoption I 711
Emergency Response Plan
Budgeted Expenditures for Emergency
Response Operations Center I 705
Emergency Management Coordinator I 702
Emergency Response Committee I 704
Emergency Response Operations Center I 703
Emergency Response Plan I 701
PLAY HIGHWAYS, see MOTOR VEHICLES AND TRAFFIC,

Traffic Regulations
PLUMBERS LICENSE, see PLUMBING
PLUMBING
Access to Structures XXII 105
Appeals From Decision of Plumbing Inspector XXII 104
Authority, Administrative XXII 103
Condensate Lines XXII 109
Insurance, Certificate of XXII 108
Penalties for Violation XXII 111
Plumbers License, Issuance of XXII 107
Plumbing Inspector
Appointment XXII 101
Decision, Appeals from XXII 104
Duties XXII 102
Qualifications to Perform Work XXII 106
Severability XXII 112
Sewer Lines, Building XXII 110
PLUMBING INSPECTOR, see PLUMBING
POLICE OFFICER IMPERSONATION, see CONDUCT
POLICE OFFICER, INTERFERENCE WITH, see CONDUCT
POLICE OFFICER, FAILURE TO ASSIST, see CONDUCT
POLICE OFFICERS, AUTHORITY OF, see MOTOR VEHICLES

AND TRAFFIC, General Regulations
POLICE PENSION, see PENSIONS AND PENSION FUNDS
POOLS, SWIMMING, see ZONING, Supplementary

Regulations
POSTING OF ADVERTISEMENTS, see CONDUCT
PRELIMINARY PLAN, see SUBDIVISION AND LAND

DEVELOPMENT, Application Procedures; Plan
Requirements
PRETREATMENT FACILITIES, see SEWERS AND SEWAGE

PRETREATMENT MEASURES, see SEWERS AND SEWAGE

INDEX-27
PRETREATMENT STANDARDS, see SEWERS AND SEWAGE

PRISONER AID, see CONDUCT
PRIVY VAULT, see SEWERS AND SEWAGE DISPOSAL,

PROFANE LANGUAGE, see CONDUCT
PROFESSIONAL OFFICE/RESEARCH PARK, see ZONING,

PROHIBITED USES, see ZONING, Supplementary

Regulations
PROJECTILES, see PARKS AND RECREATIONAL AREAS
PROJECTIONS INTO YARDS, see ZONING, Supplementary

Regulations
PROPELLED VEHICLES, see PARKS AND RECREATIONAL AREAS
PROPERTY DAMAGE OR INJURY, see PARKS AND

RECREATIONAL AREAS
PROPERTY DEFACEMENT OR DISFIGUREMENT, see CONDUCT
PROPERTY MAINTENANCE CODE, INTERNATIONAL, see

CODE ENFORCEMENT
PROSTITUTION ESTABLISHMENTS, see CONDUCT
PUBLIC DISORDER, see CONDUCT
PUBLIC INSPECTION OF PLANS, see SUBDIVISION AND LAND

DEVELOPMENT, Application Procedures
PUBLIC PROPERTY, DESTRUCTION OF, see CONDUCT
PUBLIC SEWAGE DISPOSAL SYSTEM, see SEWERS AND SEWAGE

DISPOSAL
PUBLIC SEWERS, see SEWERS AND SEWAGE DISPOSAL,

PUBLIC UTILITIES, see SUBDIVISION AND LAND

PUBLIC UTILITY STANDARDS, see ZONING, Supplementary

Regulations
PURE TONE, see CONDUCT, Noise
QUALIFICATIONS TO PERFORM WORK, see PLUMBING
QUARRYING OPERATIONS, see ZONING, Supplementary

Regulations
RAIN CONDUCTORS, see STREETS, SIDEWALKS, DRIVEWAYS

AND CURBS
INDEX-28
RAINFALL, see STORMWATER MANAGEMENT
RC - RURAL CONSERVATION DISTRICT, see ZONING,

REALTY TRANSFER TAX, see TAXATION, SPECIAL
RECORDS RETENTION, see ADMINISTRATION AND GOVERNMENT
RECREATION AND OPEN SPACE, see SUBDIVISION AND LAND

DEVELOPMENT, Design Standards and Required Improvements
RECREATION BOARD, PARKS AND, see BOARDS
RECREATIONAL USE REGULATIONS, see ZONING,

RECYCLABLE MATERIALS, see GARBAGE, REFUSE, SOLID

WASTE AND RECYCLING, Municipal Waste and Recyclable
Collection
RECYCLING, see GARBAGE, REFUSE, SOLID WASTE AND

RECYCLING
REFUSE, see GARBAGE, REFUSE, SOLID WASTE AND RECYCLING
REFUSE DISPOSAL, see MOBILE HOMES AND MOBILE HOME PARKS
RENTAL REGISTRATION, see HOUSING
RESIDENTIAL CONVERSATION STANDARDS, see ZONING,

RESIDENTIAL DISTRICTS, see ZONING
RESISTING ARREST, see CONDUCT
REWARDS, INFORMANT, see SEWERS AND SEWAGE DISPOSAL,

RIGHTS-OF-WAY, see SUBDIVISION AND LAND

Improvements
ROADS, see MOBILE HOMES AND MOBILE HOME PARKS
ROOF DRAINS, see STORMWATER MANAGEMENT
ROOMING HOUSE, see ZONING, Supplementary

Regulations
ROUTE 422 OVERLAY DISTRICT, see ZONING
RUBBISH, see PARKS AND RECREATIONAL AREAS
RUBBISH, ACCUMULATION OF, see CONDUCT
RURAL CONSERVATION DISTRICT - RC, see ZONING,

RURAL VILLAGE – AMITYVILLE, see ZONING,

INDEX-29
SALE OF MOTOR VEHICLES, see MOTOR VEHICLES AND

TRAFFIC, Abandonment, Impounding and Sale of
Motor Vehicles
SCC - SHOPPING CENTER COMMERCIAL DISTRICT, see

SCHOOL AUTHORITY, see AUTHORITIES
SEATS, see PARKS AND RECREATIONAL AREAS
SEDIMENT CONTROL, see STORMWATER MANAGEMENT
SEDIMENTATION, see SUBDIVISION AND LAND DEVELOPMENT,

SELF-STORAGE UNITS, see ZONING, Supplementary

Regulations
SEMI-DETACHED DEVELOPMENTS, SINGLE-FAMILY, see

SEPTIC TANKS, see SEWERS AND SEWAGE DISPOSAL,

SERVICES TAX, LOCAL, see TAXATION, SPECIAL
SEWAGE DISPOSAL, see SEWERS AND SEWAGE DISPOSAL;

see also MOBILE HOMES AND MOBILE HOME PARKS
SEWAGE DISPOSAL, SANITARY, see SUBDIVISION AND LAND

Improvements
SEWAGE DISPOSAL SYSTEMS, see SEWERS AND SEWAGE

DISPOSAL
SEWAGE SLUDGE DISPOSAL, see SEWERS AND SEWAGE DISPOSAL
SEWER INLETS, see STREETS, SIDEWALKS, DRIVEWAYS AND

CURBS, Street Excavations
SEWER LINES, BUILDING, see PLUMBING
SEWERS AND SEWAGE DISPOSAL

Holding Tanks
Charges XXIII 106
Definitions XXIII 102
Duties of Improved Property Owner XXIII 108
Nuisances, Abatement of XXIII 110
Privileges, see Rights
Purpose XXIII 101
Rates XXIII 106
Regulations, see Rules
Rights and Privileges
Exclusiveness of XXIII 107
Granted XXIII 103
Rules and Regulations XXIII 104
Rules and Regulations to be in
Conformity with Applicable Law XXIII 105
Severability XXIII 111
Violations XXIII 109
INDEX-30

Administration XXIII 211
Appeals XXIII 212
Applicability XXIII 203
Disposal of Sewage XXIII 210
Inspections XXIII 205
Introduction XXIII 201
Liens XXIII 209
Maintenance XXIII 207
Operation XXIII 206
Penalties XXIII 213
Permit Requirements, Sewage XXIII 204
Purpose XXIII 201
Rehabilitation, System XXIII 208
Terms XXIII 202
Title XXIII 201
Abbreviations XXIII 304
Access XXIII 406
Accidental Discharge XXIII 339
Additional Charges XXIII 400
Additional Pretreatment Measures XXIII 338
Additional Rules XXIII 328
Administrative Enforcement Remedies,
see Enforcement Remedies, Administrative
Administrative Fines XXIII 380
Affirmative Defenses to Discharge
Violations, see Defenses to Discharge
Violations, Affirmative
Agreement, Special XXIII 335
Analysis, Wastewater XXIII 341
Analytical Requirements XXIII 367
Appeals, Wastewater Discharge Permit XXIII 350
Application
Contents, Wastewater Discharge
Permit XXIII 345
Certification, Wastewater Discharge
Permit XXIII 346
Permit, Building Sewers and
Connections XXIII 310
Signatories, Wastewater Discharge
Permit XXIII 346
Wastewater Discharge Permit XXIII 341-347
Approval by Township XXIII 325
Artificial Flow XXIII 327
Baseline Monitoring Reports XXIII 358
Bonds, Performance XXIII 387
Buildings Connections, see Building
Sewers and Connections
Building Sewers and Connections
Application for Permit XXIII 310
Connection
At Lateral XXIII 314
Conditions for XXIII 311
Costs of XXIII 313
Separate Connection Required XXIII 312
Township Authorized to Make XXIII 315
Bypass XXIII 394
Categorical Pretreatment Standard
Deadline, Report on Compliance with XXIII 360
INDEX-31
Cease and Desist Orders XXIII 379

Certification, Wastewater Discharge
Permit Application XXIII 346
Cesspool XXIII 308
Changed Conditions, Report of XXIII 362
Charge, Extraordinary Maintenance XXIII 396
Charges, Additional XXIII 400
Charges and Fees, Pretreatment XXIII 395
Charges by Industrial Users, Methods of
Payment of Extra XXIII 401
Charges for Strong Wastes, Determination of
Additional Charges
Methods of Payment of Extra Charges
by Industrial Users XXIII 401
New Industrial Users XXIII 402
Strong Waste Surcharge Formula
Strong Waste Surcharges
Charges, Sewer Rentals and XXIII 316
Civil Penalties XXIII 384
Collection, Sample XXIII 368
Condition, Safe Operating XXIII 322
Commercial Wastewater Discharge Permit XXIII 356
Compliance Monitoring
Inspection XXIII 371
Right of Entry XXIII 371
Sampling XXIII 371
Search Warrants XXIII 372
Compliance Reports, Periodic XXIII 361
Compliance Schedule Progress Report XXIII 359
Compliance With Categorical Pretreatment
Standard Deadline, Report on
Concentration of Industrial Waste,
Measurement of, see Industrial Waste,
Measurement of Concentration of
Conditions
Existing, Wastewater Discharge
Permitting XXIII 343
For Connection XXIII 311
Notice of Unsatisfactory XXIII 324
Report of Changed XXIII 362
Conducted Into a Sewer, All Sewage
Shall Be XXIII 306
Confidential Information XXIII 372
Connection
At Lateral XXIII 314
Conditions for XXIII 311
Costs of XXIII 313
Notice of XXIII 309
Township Authorized to Make XXIII 315
Connections, New, Wastewater Discharge
Permitting XXIII 344
Consent Orders XXIII 376
Contents, Wastewater Discharge Permit XXIII 349
Control Manhole XXIII 404
Contractor Listing XXIII 391
Control Plans, Slug XXIII 339
Costs XXIII 408
Costs of Connection XXIII 313
Criminal Prosecution
Deadline, Report on Compliance with
Categorical Pretreatment Standard XXIII 360
INDEX-32
Decisions, Wastewater Discharge Permit XXIII 347

Declaration of Purpose XXIII 409
Defenses to Discharge Violations,
Affirmative
Bypass XXIII 394
Prohibited Discharge Standards XXIII 393
Upset XXIII 392
Determination of Charges for Strong
Wastes, see Charges for Strong Wastes,
Determination of
Dilution XXIII 336
Discharge, Accidental XXIII 339
Discharge of Hazardous Waste,
Notification of XXIII 366
Discharge of Sewage XXIII 307
Discharge Permit, Wastewater, see
Wastewater Discharge Permit
Discharge Standards, Prohibited XXIII 330
Discharge Standards, Prohibited XXIII 393
Discharge, Termination of XXIII 382
Discharge Violations, Affirmative
Defenses to, see Defenses to Discharge
Discretion of Township XXIII 319
Duration, Wastewater Discharge Permit XXIII 348
Elevation XXIII 326
Emergency Suspensions XXIII 381
Enforcement XXIII 407
Enforcement Action, Supplemental
Contractor Listing XXIII 391
Informant Rewards XXIII 390
Liability Insurance XXIII 388
Performance Bonds XXIII 387
Water Supply Severance XXIII 389
Enforcement Remedies, Administrative
Administrative Fines XXIII 380
Cease and Desist Orders XXIII 379
Compliance Orders XXIII 378
Consent Orders XXIII 376
Emergency Suspensions XXIII 381
Notification of Violation XXIII 375
Show Cause Hearing XXIII 377
Termination of Discharge XXIII 382
Enforcement Remedies, Judicial
Civil Penalties XXIII 384
Criminal Prosecution XXIII 385
Injunctive Relief XXIII 383
Remedies Nonexclusive XXIII 386
Entry, Right of XXIII 371
Extra Charges by Industrial Users,
Methods of Payment of XXIII 401
Extraordinary Maintenance Charge XXIII 396
Facilities, Pretreatment XXIII 337
Federal Categorical Pretreatment
Standards XXIII 331
Fees, Pretreatment Charges and XXIII 395
Fines XXIII 408
Fines, Administrative XXIII 380
Flow, Artificial XXIII 327
Formula, Strong Waste Surcharge XXIII 399
INDEX-33
General Sewer Use Requirements

Dilution XXIII 336
Federal Categorical Pretreatment
Standards XXIII 331
Local Limits XXIII 333
Special Agreement XXIII 335
State Pretreatment Standards XXIII 332
Township’s Right of Revision XXIII 334
Hauled Wastewater XXIII 340
Hazardous Waste, Notification of
Discharge of XXIII 366
Hearing, Show Cause XXIII 377
Improved Properties XXIII 320
Industrial Users, Methods of Payment of
Extra Charges by XXIII 401
Industrial Users, New XXIII 402
Industrial Waste, Measurement of
Concentration of
Control Manhole XXIII 404
Industrial Waste Sampling XXIII 403
Industrial Wastes for Strong Waste
Surcharges, Measurement of Volume of XXIII 405
Informant Rewards XXIII 390
Industrial Waste Sampling XXIII 403
Information, Confidential XXIII 373
Injunctive Relief XXIII 383
Inspection Required XXIII 321
Insurance, Liability XXIII 388
Judicial Enforcement Remedies, see
Enforcement Remedies, Judicial
Lateral, Connection at XXIII 314
Liability Insurance XXIII 388
Lien on Property XXIII 318
Limits, Local XXIII 333
Listing, Contractor XXIII 391
Maintenance Charge, Extraordinary XXIII 396
Manhole, Control XXIII 404
Measurement of Concentration of Industrial
Waste, see Industrial Waste, Measurement
Of Concentration of
Measurement of Volume of Industrial
Wastes for Strong Waste Surcharges XXIII 405
Measures, Additional Pretreatment XXIII 338
Methods of Payment of Extra Charges by
Industrial Users XXIII 401
Miscellaneous Provisions, see Provisions,
Miscellaneous
Modification, Wastewater Discharge Permit XXIII 351
Monitoring, Compliance
Sampling XXIII 371
Monitoring Reports, Baseline XXIII 358
Municipal Wastewater Discharge Permits XXIII 355
New Industrial Users XXIII 402
Noncompliance, Publication of Users in
Significant XXIII 374
Nonexclusive Remedies XXIII 386
INDEX-34
Notice of:
Connection XXIII 309
Unsatisfactory Conditions XXIII 324
Violation XXIII 365
Notification of Discharge of Hazardous
Waste XXIII 366
Notification of Violation XXIII 375
Objectives
Abbreviations XXIII 304
Policy XXIII 302
Purpose XXIII 301
Operating Condition, Safe XXIII 322
Orders
Cease and Desist XXIII 379
Compliance XXIII 378
Consent XXIII 376
Payment of Extra Charges by Industrial
Users, Method of XXIII 401
Payments, Quarterly XXIII 317
Penalties, Civil XXIII 384
Performance Bonds XXIII 387
Periodic Compliance Reports XXIII 361
Permit, Application for XXIII 310
Permit, Wastewater Discharge, see
Plans, Slug Control XXIII 339
Policy XXIII 301
Potential Problems, Reports of XXIII 363
Pretreatment Charges and Fees XXIII 395
Pretreatment Facilities XXIII 337
Pretreatment Measures, Additional XXIII 338
Pretreatment of Wastewater
Slug Control Plans XXIII 339
Pretreatment Standards
Federal Categorical XXIII 331
State XXIII 332
Township’s Right of Revision XXIII 334
Privy Vault XXIII 308
Problems, Reports of Potential XXIII 363
Progress Report, Compliance Schedule XXIII 359
Properties, Improved XXIII 320
Property
Lien on XXIII 318
Protection of Public XXIII 323
Prosecution, Criminal XXIII 385
Protection of Public Property XXIII 323
Provisions, Miscellaneous
Extraordinary Maintenance Charge XXIII 396
Pretreatment Charges and Fees XXIII 395
Public Property, Protection of XXIII 323
Public Sewers, Use Required XXIII 305
Publication of Users in Significant
Noncompliance XXIII 374
INDEX-35
Purpose XXIII 302

Quarterly Payments XXIII 317
Record Keeping XXIII 370
Reissuance, Wastewater Discharge Permit XXIII 354
Relief, Injunctive XXIII 383
Remedies, Nonexclusive XXIII 386
Remedies, see Administrative Enforcement
Remedies
Rental Charges, see Sewer Rental Charges
Repeat Sampling and Reporting XXIII 365
Reporting Requirements
Analytical Requirements XXIII 367
Baseline Monitoring Reports
Changed Conditions, Report of XXIII 362
Compliance Schedule Progress Report XXIII 359
Compliance with Categorical
Pretreatment Standard Deadline,
Report on XXIII 360
Notice of Violation XXIII 365
Notification of Discharge of
Hazardous Waste XXIII 366
Periodic Compliance Reports XXIII 361
Potential Problems, Reports of XXIII 363
Record Keeping XXIII 370
Repeat Sampling and Reporting XXIII 365
Sample Collection XXIII 368
Timing XXIII 369
Unpermitted Users, Reports from XXIII 364
Reports
Baseline Monitoring XXIII 358
Changed Conditions XXIII 362
Compliance Schedule Progress XXIII 359
Compliance with Categorical
Pretreatment Standard Deadline XXIII 360
Periodic Compliance XXIII 361
Potential Problems XXIII 363
Unpermitted Users XXIII 364
Required Inspection XXIII 321
Requirement, Wastewater Discharge Permit XXIII 342
Requirements, Analytical XXIII 367
Requirements, Reporting, see Reporting
Requirements
Revision, Township Right of XXIII 334
Revocation, Wastewater Discharge Permit XXIII 353
Rewards, Informant XXIII 390
Right of Revision, Township XXIII 334
Rules, Additional XXIII 328
Rules and Regulations, Sewers and
Connections to Sewers
Additional Rules XXIII 328
Approval by Township XXIII 325
Artificial Flow XXIII 327
Elevation XXIII 326
Improved Properties XXIII 320
Inspection Required XXIII 321
Notice of Unsatisfactory Conditions XXIII 324
Protection of Public Property XXIII 323
Safe Operating Condition XXIII 322
INDEX-36
Rules and Regulations, Sewer Rentals;

Waste Discharges
Cesspool XXIII 308
Notice of Connection XXIII 309
Septic Tanks XXIII 308
Sewage Shall be Conducted Into
a Sewer, All XXIII 306
Sinkhole XXIII 308
Use of Public Sewers Required XXIII 305
Safe Operating Condition XXIII 322
Sample Collection XXIII 368
Sampling XXIII 371
Sampling and Reporting, Repeat XXIII 365
Sampling, Industrial Waste XXIII 403
Severance, Water Supply XXIII 389
Sewage
Discharge of XXIII 307
Shall be Conducted Into a Sewer XXIII 306
Sewer Rental Charges
Charges XXIII 316
Discretion of Township XXIII 319
Lien on Property XXIII 318
Quarterly Payments XXIII 317
Sewer Rentals XXIII 316
Sewer Rentals
Cesspool XXIII 308
Sinkhole XXIII 308
Show Cause Hearing XXIII 377
Signatories, Wastewater Discharge Permit
Application XXIII 346
Sinkhole XXIII 308
Special Agreement XXIII 335
Special Use Discharge Permit XXIII 357
Standards, Prohibited Discharge XXIII 393
State Pretreatment Standards XXIII 332
Strong Waste Surcharge Formula XXIII 399
Strong Waste Surcharges XXIII 398
Strong Waste Surcharges, Measurement of
Volume of Industrial Wastes for XXIII 405
Strong Wastes, Determination of Charges
for, see Charges for Strong Wastes,
Determination of
Supplemental Enforcement Action, see
Enforcement Action, Supplemental
Surcharge Formula, Strong Waste XXIII 399
Surcharges, Strong Waste XXIII 398
Surcharges, Measurement of Volume of
Industrial Wastes for Strong Waste XXIII 405
INDEX-37
Suspensions, Emergency XXIII 381

Termination of Discharge XXIII 382
Timing XXIII 369
Township
Approval by XXIII 325
Authorized to Make Connection XXIII 315
Discretion of XXIII 319
Right of Revision
Transfer, Wastewater Discharge Permit XXIII 352
Unpermitted Users, Reports from XXIII 364
Unsatisfactory Conditions, Notice of XXIII 324
Upset XXIII 392
Use Discharge Permit, Special XXIII 357
Users in Significant Noncompliance,
Publication of XXIII 374
Users, Methods of Payment of Extra
Charges by Industrial XXIII 401
Users, New Industrial XXIII 402
Users, Reports from Unpermitted XXIII 364
Violation, Notice of XXIII 365
Violation, Notification of XXIII 375
Violations, Affirmative Defenses to
Discharge, see Defenses to Discharge
Volume of Industrial Wastes for Strong
Waste Surcharges, Measurement of XXIII 405
Warrants, Search XXIII 372
Waste Discharges
Cesspool XXIII 308

Sinkhole XXIII 308
Wastewater Analysis XXIII 341
Analysis, Wastewater XXIII 341
Appeals XXIII 350
Application XXIII 341-347
Application Certification XXIII 346
Application Contents XXIII 345
Application Signatories XXIII 346
Commercial XXIII 356
Contents XXIII 349
Decisions XXIII 347
Duration XXIII 348
Existing Conditions XXIII 343
Issuance Process XXIII 348-357
Modification XXIII 351
Municipal XXIII 355
New Connections XXIII 344
Reissuance XXIII 354
Requirement XXIII 342
Revocation XXIII 353
Special Use XXIII 357
Transfer XXIII 352
Use, Special XXIII 357
INDEX-38
Wastewater Discharge Permitting

Existing Conditions XXIII 343
New Connections XXIII 344
Wastewater, Hauled XXIII 340
Wastewater, Pretreatment of
Water Supply Severance XXIII 389
Sewage Disposal System, On-Lot, see On-Lot
Sewage Disposal Systems
Sewage Disposal System, Public, see Public
Authorization XXIII 501
Determination XXIII 506
Fee, Administrative and Tipping XXIII 509
Insurance XXIII 508
Map, Sludge Disposal XXIII 507
Procedure XXIII 503
Review and Recommendation, Planning
Commission XXIII 504
Standards XXIII 505
Sludge Disposal, see Sewage Sludge Disposal
Spray Irrigation and Stream Discharge Systems
Amendments XXIII 459
Fees XXIII 455
Maintenance XXIII 458
Operation XXIII 458
Permit XXIII 457
Purpose XXIII 451
Regulations, Township XXIII 454
Review Process, Plan XXIII 456
Scope XXIII 452
Stream Discharge Systems, see Spray
Irrigation and
SEWERS, PUBLIC, see SEWERS AND SEWAGE DISPOSAL,

SHOPPING CENTER COMMERCIAL DISTRICT - SCC, see

SHOPPING CENTERS, see ZONING, Supplementary

Regulations
SHOULDERS, see STREETS, SIDEWALKS, DRIVEWAYS AND

SIDEWALKS, see MOTOR VEHICLES AND TRAFFIC, Traffic

Regulations; see also SUBDIVISION AND LAND
Improvements
SIGNS, see CONDUCT; see also PARKS AND RECREATIONAL

AREAS; see also ZONING, Supplementary Regulations,
see also PARKS AND RECREATIONAL AREAS, Skateboard
Parks
INDEX-39
SINGLE-FAMILY SEMI-DETACHED DEVELOPMENTS, see ZONING,

SINKHOLE, see SEWERS AND SEWAGE DISPOSAL, Public

SIZE LIMITS, see MOTOR VEHICLES AND TRAFFIC,

SKATEBOARD PARKS, See PARKS AND RECREATIONAL AREAS
SKETCH PLAN, see SUBDIVISION AND LAND DEVELOPMENT,

SLEET, REMOVAL OF VEHICLE FROM PUBLIC STREETS UPON

Parking Regulations
SLUDGE DISPOSAL, SEWAGE, see SEWERS AND SEWAGE

DISPOSAL
SLUG CONTROL PLANS, see SEWERS AND SEWAGE DISPOSAL,

SMOKING, see CONDUCT, Use of Tobacco by Certain

Minors
SMOKING, see PARKS AND RECREATIONAL AREAS
SNOW, REMOVAL OF VEHICLE FROM PUBLIC STREETS UPON

Parking Regulations
SOLAR ENERGY SYSTEMS, see ZONING, Supplementary

Regulations
SOLICITATIONS, see PARKS AND RECREATIONAL AREAS
SOLID WASTE, see GARBAGE, REFUSE, SOLID WASTE AND

RECYCLING
SOLID WASTE DISPOSAL FACILITIES, see ZONING,

SOUND LEVELS, see CONDUCT, Noise
SPECIAL EVENTS, see MOTOR VEHICLES AND TRAFFIC,

SPECIAL EXCEPTION USES, see ZONING, Nonconformities
SPECIAL EXCEPTIONS, see FLOOD PLAIN MANAGEMENT,

SPEED LIMITS, see MOTOR VEHICLES AND TRAFFIC,

Traffic Regulations
SPONTANEOUS IGNITION, MATERIALS LIABLE TO, see FIRE

PREVENTION AND FIRE PROTECTION, Fire Protection and
Public Safety
INDEX-40
SPRAY IRRIGATION SYSTEMS, see SEWERS AND SEWAGE

DISPOSAL
STEEP SLOPE OVERLAY DISTRICT, see ZONING,

Environmental Protection Overlay District
STOP INTERSECTIONS, see MOTOR VEHICLES AND TRAFFIC,

Traffic Regulations
STORAGE, OUTDOOR, see ZONING, Supplementary

Regulations
STORAGE UNITS, SELF-, see ZONING, Supplementary

Regulations
STORMWATER MANAGEMENT, see SUBDIVISION AND LAND

Improvements
Appendices
Appendix A – Stormwater Controls and
Best Management Practices Operations
And Maintenance Agreement XXV 1001
Appendix B – Stormwater Management
Design Criteria XXV 1002
Table B-1 – Precipitation-Frequency Atlas of the United States
Table B-2 – Runoff Curve Numbers (From NRCS (SCS) TR-55)
Table B-3 – Rational Runoff Coefficients
Table B-4 – Roughness Coefficients
Figure B-1 – Recommendation Chart for Infiltration Stormwater
Management BMPs in Carbonate Bedrock
Appendix C – Reserved for future use XXV 1003
Appendix D – Stormwater Management
Districts XXV 1004
Appendix E – Low Impact Development (LID)
Practices XXV 1005
Appendix F – West Nile Virus Guidance XXV 1006
Appendix G – References XXV 1007
Definitions
Definitions XXV 202
Interpretation XXV 201
Drainage Plan Requirements
Exemptions XXV 402
General Requirements XXV 401
Plan
Contents, Drainage Plan XXV 403
Modification of XXV 406
Resubmission of Disapproved
Drainage Plans XXV 407
Review, Drainage Plan XXV 405
Submission XXV 404
Enforcement and Penalties
Appeals XXV 908
Enforcement XXV 907
Enforcement Generally XXV 903
Notification XXV 906
Penalties XXV 905
Public Nuisance XXV 902
Right-of-Entry XXV 901
Suspension and Revocation of Permits
And Approvals XXV 904
INDEX-41
Fees and Expenses

Expenses Covered by Fees XXV 602
Township Drainage Plan Review and
Inspection Fee XXV 601
General Provisions
Applicability/Regulated Activities XXV 105
Compatibility with Other Ordinance
Requirements XXV 108
Purpose XXV 103
Repealer XXV 106
Severability XXV 107
Short Title XXV 101
Statement of Findings XXV 102
Statutory Authority XXV 104
Inspections
Schedule of Inspections XXV 501
Maintenance Responsibilities
Adherence to Approved Stormwater Control
and BMP Operations and Maintenance Plan XXV 702
Performance Guarantee XXV 701
Prohibitions
Alteration of SWM BMPs XXV 803
Prohibited Discharges & Connections XXV 801
Roof Drains XXV 802
Stormwater Management
Calculation Methodology XXV 309
Erosion and Sediment Control During
Regulated Earth Disturbance Activities XXV 303
Ground Water Recharge XXV 305
Nonstructural Project Design XXV 304
Requirements
General XXV 301
Other XXV 310
Permit Requirements by Other
Governmental Entities XXV 302
Streambank Erosion XXV 307
Water Quality XXV 306
Sequencing to Minimize Stormwater Impacts XXV 304
Standards for Detention Basins XXV 311
Stormwater Collection and Conveyance
Standards XXV 312
Stormwater Management Districts XXV 308
STREAM DISCHARGE SYSTEMS, see SEWERS AND SEWAGE

DISPOSAL
STREAMBANK EROSION REQUIREMENTS, see STORMWATER

MANAGEMENT
STREET ACCEPTANCE, see SUBDIVISION AND LAND

STREET CONSTRUCTION AND IMPROVEMENT STANDARDS, see

SUBDIVISION AND LAND DEVELOPMENT, Design Standards
and Required Improvements
STREET CONSTRUCTION STANDARDS, MINIMUM, see STREETS,

SIDEWALKS, DRIVEWAYS AND CURBS, Street Paving
STREET DESIGN, see SUBDIVISION AND LAND DEVELOPMENT,

INDEX-42
STREET EXCAVATION, see STREETS, SIDEWALKS, DRIVEWAYS

AND CURBS
STREET NAMES, see STREETS, SIDEWALKS, DRIVEWAYS AND

CURBS, Naming of Streets; see also SUBDIVISION AND
LAND DEVELOPMENT, Design Standards and Required
Improvements
STREET PAVING, see STREETS, SIDEWALKS, DRIVEWAYS AND

CURBS
STREET SIGNS, see STREETS, SIDEWALKS, DRIVEWAYS AND

CURBS, Naming of Streets; see also SUBDIVISION AND
LAND DEVELOPMENT, Design Standards and Required
Improvements
STREETS, SIDEWALKS, DRIVEWAYS AND CURBS

Curbs, see Sidewalks, Curbs and Gutters
Excavations, Street, see Street Excavations
Gutters, see Sidewalks, Curbs and Gutters
Naming of Streets, see Streets, Naming of
Paving, Street, see Street Paving
Rain Conductors, see Sidewalks, Curbs and
Gutters
Drainage XXVI 404
Fees XXVI 410
Grades XXVI 402
Gutters, Open XXVI 408
Inspection XXVI 405
Penalties XXVI 412
Permits XXVI 409
Purpose, General XXVI 401
Rain Conductors XXVI 408
Safety, Public XXVI 406
Severability XXVI 413
Sidewalk
Location XXVI 403
Width XXVI 403
Specifications XXVI 411
Trees, Certain Prohibited XXVI 407
Violations XXVI 412
Street Excavations
Definitions XXVI 301
Drains Kept Open XXVI 305
Liability of Permit Holder XXVI 309
Notice of Completion XXVI 306
Opening
Limitation on Size of XXVI 305
Limitation of Newly Paved Streets XXVI 307
Operation, Manner of XXVI 308
Penalty for Violation XXVI 310
Permit
Application XXVI 303
Conditions of XXVI 304
Requirements XXVI 302
Responsibility
Permit Holder XXVI 309
Township XXVI 309
INDEX-43
Restoration
Permanent (Diagram) XXVI 313
Supervision of XXVI 306
Temporary (Diagram) XXVI 314
Safety Measures to be Taken by Permit
Holder XXVI 305
Sewer Inlets Kept Open XXVI 305
Underground Facilities, Installation by
Public Utility Companies XXVI 311
Streets, Naming of
Definitions XXVI 101
Signs, Erection of XXVI 103
Street Naming XXVI 102
Street Paving
Base Courses XXVI 204
Bituminous Pavements, see Payments,
Bituminous
Conflicts XXVI 207
Construction Standards, Minimum Street
(Table) XXVI 208
Pavements, Bituminous XXVI 205
Requirements, General XXVI 201
Shoulders XXVI 206
Subbase XXVI 203
Subgrade XXVI 202
Street Signs, see Streets, Naming of
STRUCTURES, TEMPORARY, see ZONING, Supplementary

Regulations
STRUCTURES, UNSAFE OR UNLAWFUL, see ZONING,

Nonconformities
SUBBASE, see STREETS, SIDEWALKS, DRIVEWAYS AND

SUBDIVISION AND LAND DEVELOPMENT

Amendments XXVII 701
Records XXVII 702
Remedies
Enforcement XXVII 704
Preventive XXVII 703
Appendices
Appendix A - Application Form for
Subdivision and Land Development Review XXVII 801
Appendix B - Model Formats XXVII 802
Appendix C - See Chapter XXV, Streets,
Sidewalks, Driveways and Curbs, Part 2,
Street Pavings XXVII 803
Appendix D - See Chapter XXV, Streets,
Sidewalks, Driveways and Curbs, Part 4,
Sidewalks, Curbs and Gutters XXVII 804
Appendix E - As-Built Plan Requirements XXVII 805
Appendix F - Well Abandonment Procedure XXVII 806
Appeals XXVII 315
Contributions XXVII 313
Escrow Deposit of Consultant Fees,
Advanced XXVII 310
INDEX-44
Exempted from Standard Procedures, Plans XXVII 306

Fee Schedule by Resolution, Modification XXVII 311
Fees
Application XXVII 308
Consultant XXVII 309
Final Plan Application and Review XXVII 305
General Procedures XXVII 301
Improvements XXVII 313
Inspection of Plans, Public XXVII 316
Jurisdiction XXVII 302
Land Development Plans XXVII 307
Modifications XXVII 312
Plan
Approval XXVII 314
Recording XXVII 314
Preliminary Plan Application and Review XXVII 304
Sketch Plan Application and Review XXVII 303
Consultant Fees, see Application Procedures
Acceptance of Streets and Other
Improvements XXVII 602
Contracts XXVII 601
Contributions XXVII 606
Fees XXVII 606
Guarantees
Improvement XXVII 601
Maintenance XXVII 603
Improvement Bond, Final Release from XXVII 605
Municipal Authorities XXVII 604
Utilities, Public XXVII 604
Definitions
General Interpretation XXVII 201
Specific Terms XXVII 202
Blocks XXVII 506
Community Facilities XXVII 518
Curbs XXVII 507
Driveways XXVII 509
Easements XXVII 513
Erosion Control XXVII 512
General Standards XXVII 501
Landscape Regulations XXVII 517
Lighting Requirements and Design
Standards XXVII 520
Loading Areas, Off-Street XXVII 510
Lots XXVII 506
Markers XXVII 508
Monuments XXVII 508
Open Space XXVII 519
Parcels XXVII 506
Parking Areas, Off-Street XXVII 510
Pathways XXVII 507
Recreation Space XXVII 519
Rights-of-Way XXVII 513
Sanitary Sewage Disposal XXVII 514
Sedimentation XXVII 512
Sidewalks XXVII 507
Standards for Development in the XXVII 521
Planned Business/Office/Industrial
District (PBOI)
Stormwater Management XXVII 511
INDEX-45
Street
Construction Standards XXVII 503
Design XXVII 502
Improvement Standards XXVII 503
Names XXVII 504
Signs XXVII 504
Traffic Impact Analysis XXVII 505
Utilities XXVII 516
Water Supply XXVII 515
General Provisions
Effective Date XXVII 108
Interpretation XXVII 104
Purpose XXVII 103
Repealer XXVII 107
Severability XXVII 106
Short Title XXVII 102
Title XXVII 101
Land Development Plan, see Application
Procedures
Landscape Regulations XXVII 517
Lighting Requirements and Design Standards XXVII 520
Plan Requirements
As Built/Improvements Plan XXVII 404
Final Plans XXVII 403
Preliminary Plans XXVII 402
Sketch Plans XXVII 401
SUBGRADE, see STREETS, SIDEWALKS, DRIVEWAYS AND

SUPERVISORS, TOWNSHIP, see ADMINISTRATION & GOVERNMENT
SWIMMING POOLS, see ZONING, Supplementary

Regulations
SYSTEMS, ALARM, see ALARMS AND ALARM SYSTEMS
TABLES, see PARKS AND RECREATIONAL AREAS
TABLES
Minimum Street Construction Standards XXVI 208
Table B-1 – Region 4 – Design Storm

Rainfall Amount (Inches) XXV 1003
Table B-2 – Runoff Curve Numbers (From
NRCS (SCS) TR-55) XXV 1007
Table B-3 – Rational Runoff Coefficients XXV 1008
Table B-4 – Manning Roughness Coefficients XXV 1009
TAX CERTIFICATIONS, see ADMINISTRATION AND GOVERNMENT,

Tax Collector
TAX COLLECTOR, see ADMINISTRATION AND GOVERNMENT
TAX COLLECTOR, DELINQUENT, see ADMINISTRATION AND

GOVERNMENT
TAXATION, SPECIAL
Earned Income Tax
Authorization XXIX 108
Definitions XXIX 101
INDEX-46
Employer Withholding XXIX 105

Exemption from Tax, No XXIX 103
Imposition of Taxes XXIX 102
Individual Tax Returns XXIX 104
Payments XXIX 104
Tax Collector XXIX 106
Tax Returns XXIX 105
Remittance XXIX 105
Suit for Collection of Tax XXIX 107
Local Services Tax
Administration XXIX 409
Application, Exemption XXIX 406
Authority of Enactment XXIX 401
Collection XXIX 410
Collection Through Employers XXIX 407
Direct Payment by Taxpayers XXIX 408
Enforcement XXIX 409
Exemption Application XXIX 406
Exemptions XXIX 405
Imposition of Tax XXIX 403
Payment by Taxpayers, Direct XXIX 408
Penalties XXIX 412
Refunds XXIX 411
Severability XXIX 413
Taxpayer, Nonresident XXIX 404
Per Capita Tax
Collection of Tax XXIX 203
Notice to Taxpayers XXIX 207
Short Title XXIX 201
Tax Collector
Bonding XXIX 204
Compensation XXIX 206
Powers XXIX 208
Warrant for Collection XXIX 205
Realty Transfer Tax
Acquired Company XXIX 308
Authority XXIX 302
Credits Against Tax XXIX 309
Documents Relating to Associations or
Corporations and Members, Partners,
Stockholders or Shareholders XXIX 307
Enforcement XXIX 316
Excluded Transactions XXIX 306
Exempt Parties XXIX 305
Interest XXIX 304
Judicial Sale, Proceeds of XXIX 311
Lease, Extension of XXIX 310
Lien XXIX 315
Penalties, Civil XXIX 314
Recorder of Deeds, Duties of XXIX 312
Regulations XXIX 317
Short Title XXIX 301
Statement of Value XXIX 313
TAXPAYER BILL OF RIGHTS, LOCAL, see ADMINISTRATION

AND GOVERNMENT
INDEX-47
TELEVISION, CABLE, see FRANCHISES
TEMPORARY STRUCTURES, see ZONING, Supplementary

Regulations
THROWING OF MATERIALS, see CONDUCT
TOBACCO, see PARKS AND RECREATIONS AREAS, Smoking
TOBACCO, USE OF BY CERTAIN MINORS, see CONDUCT
TOILET FACILITIES, see PARKS AND RECREATIONAL AREAS
TONE, PURE, see CONDUCT, Noise
TOURIST HOUSE, see ZONING, Supplementary Regulations
TOWNSHIP MANAGER, see ADMINISTRATION AND GOVERNMENT
TOWNSHIP SUPERVISORS, see ADMINISTRATION & GOVERNMENT
TRAFFIC IMPACT ANALYSIS, see SUBDIVISION AND LAND

DEVELOPMENT, Design Standards and Required Improvements
TRAFFIC REGULATIONS, see MOTOR VEHICLES AND TRAFFIC
TRAFFIC REGULATIONS, see also MOTOR VEHICLES AND

TRANSITIONAL-AGE DEVELOPMENT COMMUNITY, see ZONING,

TRANSMISSION OF SIGNALS, see FRANCHISES, Cable

Television
TRANSPORTATION IMPACT FEES, see IMPACT FEES
TRANSPORTATION SERVICE AREAS, see IMPACT FEES
TRANSPORTING MATERIALS, see MOTOR VEHICLES AND

TRAFFIC, Traffic Regulations
TREES, see STREETS, SIDEWALKS, DRIVEWAYS AND CURBS,

TREES REGULATIONS, see FRANCHISES, Cable Television
TWO-FAMILY DETACHED DWELLING DEVELOPMENTS, see

UNDERGROUND FACILITIES, see STREETS, SIDEWALKS,

DRIVEWAYS AND CURBS, Street Excavations
UNIFORM CONSTRUCTION CODE, see CODE ENFORCEMENT
UNLAWFUL ASSEMBLY, see CONDUCT
UNLAWFUL STRUCTURES, see ZONING, Nonconformities
UNSAFE STRUCTURES, see ZONING, Nonconformities
INDEX-48
USES, PROHIBITED, see ZONING, Supplementary

Regulations
UTILITIES, see SUBDIVISION AND LAND DEVELOPMENT,

UTILITIES, PUBLIC, see SUBDIVISION AND LAND

VARIANCES, see FLOOD PLAIN MANAGEMENT
VEHICLE SIGNS, see PARKS AND RECREATIONAL AREAS
VEHICLES, see MOTOR VEHICLES AND TRAFFIC
VEHICLES, MOTOR, see PARKS AND RECREATIONAL AREAS
VEHICLES, MOTORIZED AND PROPELLED, see also PARKS AND

RECREATIONAL AREAS
VEGETATIVE GROWTH, see HEALTH AND SAFETY, Weeds
VICIOUS ANIMALS, see ANIMALS, Animal Nuisances
VISIBILITY AT INTERSECTIONS, see ZONING,

WALLS, see ZONING, Supplementary Regulations
WASTE, see GARBAGE, REFUSE, SOLID WASTE AND RECYCLING
WASTE DISCHARGES, see SEWERS AND SEWAGE DISPOSAL

SYSTEMS, Public Sewage Disposal System
WASTE DISPOSAL FACILITIES, SOLID, see ZONING,

WASTE PRODUCTS, DISCHARGE OF, see CONDUCT
WASTEWATER, DISCHARGE OF, see also CONDUCT
WASTEWATER DISCHARGE PERMIT, see SEWERS AND SEWAGE

WATER QUALITY, see STORMWATER MANAGEMENT
WATER SUPPLY, see MOBILE HOMES AND MOBILE HOME PARKS;

see also SUBDIVISION AND LAND DEVELOPMENT, Design
WATER SUPPLY SEVERANCE, see SEWERS AND SEWAGE

WEAPONS, CONCEALED DEADLY, see CONDUCT
WEEDS, see HEALTH AND SAFETY
WEIGHT LIMITS, see MOTOR VEHICLES AND TRAFFIC,

WELL ABANDONMENT PROCEDURE, see SUBDIVISION AND

LAND DEVELOPMENT, Appendices (Appendix F)
INDEX-49
WEST NILE VIRUS GUIDANCE, see STORMWATER MANAGEMENT,

Appendices
WETLANDS OVERLAY DISTRICT, see ZONING,

Environmental Protection Overlay District Regulations
WILDLIFE, see PARKS AND RECREATIONAL AREAS
YARDS, PROJECTIONS INTO, see ZONING, Supplementary

Regulations
ZONING
Access to Structures, see Supplementary
Regulations
Accessory Structures, see Supplementary
Regulations
Accessory Uses, see Supplementary Regulations
Administration, see Planned Residential
Development Regulations
Amendments XXXII 1107
Amendments, Curative XXXII 1108
Appeals XXXII 1110
Conditional Uses XXXII 1109
Effective Date XXXII 1113
Filing Fees & Costs XXXII 1111
General Procedures XXXII 1101
Hearing Procedures XXXII 1106
Permits and Certificates XXXII 1102
Remedies & Penalties XXXII 1112
Zoning Hearing Board XXXII 1104
Zoning Hearing Board Functions XXXII 1105
Zoning Officer XXXII 1103
Administration Proceedings, see Mobile Home
Park Regulations
Adult Business Uses, see Supplementary
Regulations
Agricultural Use Regulations, see Supplementary
Regulations
Amendments, see Administration and Enforcement
Amity Township Zoning Map, see Diagrams and
Zoning Map
Antenna Regulations, Cellular Communications,
see Supplementary Regulations
Appeals, see Administration and Enforcement
Application and Intent, see Nonconformities
Application Procedures, see Planned Residential
Bed and Breakfast House, see Supplementary
Regulations
Blasting Requirements, see Supplementary
Regulations
Boarding House, see Supplementary Regulations
Campgrounds Standards, Commercial, see
Cellular Communications Antennae Regulations,
Certificates, see Administration and Enforcement
Certification of Intention, see Nonconformities
Administration XXXII 604
Intent, Statement of XXXII 601
INDEX-50
Review XXXII 604

Standards
Design XXXII 602
Development XXXII 602
Open Space XXXII 603
Commercial Campgrounds Standards, see
Commercial Districts, see Zoning District
Regulations
Communications Antenna Regulations, Cellular,
Community, Transitional-Age Development, see
Community Development Objectives, see General
Provisions
Conditional Uses, see Administration and
Enforcement
Conservation District, Rural, see Zoning
Conversion Standards, Residential, see
Corner Lot Restrictions, see Supplementary
Regulations
Costs, see Administration and Enforcement
Curative Amendments, see Administration and
Enforcement
Definitions
General Interpretation XXXII 201
Specific Terms XXXII 202
Design Standards, see Cluster Development
Regulations
Design Standards, see Mobile Home Park
Regulations
Design Standards for Commercial and Industrial
Uses, see Supplementary Regulations
Detached Dwelling Developments, Two-Family,
Detonation Requirements, see Supplementary
Regulations
Development Community, Transitional-Age, see
Development Standards, see Cluster Development
Regulations
Development Standards, see Mobile Home Park
Regulations
Lot and Setback Requirements - Diagram XXXII 1202
Monument Sign – Diagram XXXII 1204
Post Sign – Diagram XXXII 1205
Types of Dwelling Units - Diagram XXXII 1201
Zoning Map, Amity Township XXXII 1203
Disposal Facilities, Solid Waste, see
District Boundaries, Interpretation of, see
District Regulations, Application of, see
District Regulations, see Zoning District
Regulations
Driveways, see Supplementary Regulations
Dwelling Types, Other, see Supplementary
Regulations
INDEX-51
Dwelling Units, Types of - Diagram, see

Effective Date, see Administration and
Enforcement
Energy Systems, Solar, see Supplementary
Regulations
Enforcement, see Administration and Enforcement
Environmental Performance Standards for
Commercial and Industrial Districts, see
Excavating, see Supplementary Regulations
Exceptions, Front Yard, see Supplementary
Regulations
Exemptions, see General Provisions
Exportation of Groundwater, see Supplementary
Regulations
Extraction of Groundwater, see Supplementary
Regulations
Extraction of Woodland, see Supplementary
Regulations
Fences, see Supplementary Regulations
Filing Fees, see Administration and Enforcement
Filling, see Supplementary Regulations
Flag Lots, see Supplementary Regulations
Floodplain Overlay District, see Environmental
Protection Overlay Districts
Front Yard Exceptions, see Supplementary
Regulations
General Procedures, see Administration and
Enforcement
General Provisions
Application XXXII 104
Community Development Objectives XXXII 107
Effective Date XXXII 110
Exemptions XXXII 105
Interpretation XXXII 106
Purpose XXXII 103
Repealer XXXII 109
Severability XXXII 108
Short Title XXXII 102
Title XXXII 101
Grading, see Supplementary Regulations
Groundwater Exportation and Extraction, see
Hazardous Areas, see Supplementary Regulations
HC - Highway Commercial District, see Zoning
Hearings Procedures, see Administration and
Enforcement
Hedges, see Supplementary Regulations
Height Exceptions, see Supplementary
Regulations
High Water Table Overlay District, see
Highway Commercial District - HC, see Zoning
Highway Frontage Development - see
Home Occupation Regulations, see Supplementary
Regulations
Hydric Soil Overlay District, see Environmental
Protection Overlay Districts
INDEX-52
Improvements Specifications, see Planned

Residential Development Regulations
Industrial District, see Zoning District
Regulations
Industrial Parks, see Supplementary Regulations
Intersections, Visibility at, see Supplementary
Regulations
Junkyard Standards, see Supplementary
Regulations
Kennels, see Supplementary Regulations
Land Uses, Other, see Supplementary Regulations
LDR - Low Density Residential District, see
LI/O - Light Industrial/Office District, see Zoning
Light Industrial/Office District – LI/O, see Zoning
Lighting, see Supplementary Regulations
Loading Areas, Off-Street, see Supplementary
Regulations
Lot and Setback Requirements - Diagram, see
Low Density Residential District - LDR, see
MDR - Medium Density Residential District, see
Medium Density Residential District - MDR, see
MHP - Mobile Home Park District, see Zoning
Mining Operations, see Supplementary
Regulations
Mobile Home Park District - MHP, see Zoning
Administration Proceedings XXXII 803
Standards
Design XXXII 802
Monument Sign – Diagram XXXII 1204
Multi-Family Developments, see Supplementary
Regulations
Nonconforming Buildings, see Nonconformities
Nonconforming Lots of Record, see
Nonconformities
Nonconforming Structures, see Nonconformities
Nonconforming Use of Structures or Buildings or
of Buildings and Land in Combination
Nonconforming Uses of Land, see Nonconformities
Nonconformities
Application XXXII 1001
Certification of Intention XXXII 1009
Intent XXXII 1001
Nonconforming Buildings XXXII 1004
Nonconforming Lots of Record XXXII 1002
Nonconforming Structures XXXII 1004
Nonconforming Use of Structures or
Buildings or of Buildings and Land in
Combination XXXII 1005
Nonconforming Uses of Land XXXII 1003
Registration of Nonconformities XXXII 1008
INDEX-53
Special Exception Uses, Permitted XXXII 1007

Unlawful Structures XXXII 1006
Unsafe Structures XXXII 1006
Objectives, Community Development, see General
Provisions
Off-Street Loading Areas, see Supplementary
Regulations
Off-Street Parking Facilities, see
Office/Research Park, Professional, see
Open Space Standards, see Cluster Development
Regulations
Open Space Standards, see Planned Residential
Outdoor Storage, see Supplementary Regulations
Overlay Districts
Floodplain Overlay District XXXII 502
High Water Table Overlay District XXXII 504
Hydric Soil Overlay District XXXII 503
Route 422 Overlay District XXXII 507
Steep Slope Overlay District XXXII 505
Wetlands Overlay District XXXII 506
Parking Facilities, Off-Street, see
PBOI – Planned Business/Office/Industrial District, see
Penalties, see Administration and Enforcement
Performance Standards, Environmental, see
Permits, see Administration and Enforcement
Permitted Special Exception Uses, see
Nonconformities
Administration XXXII 707
Application Procedures XXXII 706
Review XXXII 707
Review Procedures XXXII 706
Specifications, Improvement XXXII 705
Standards
Design XXXII 703
Open Space XXXII 704
Submission Procedures XXXII 706
Pools, Swimming, see Supplementary Regulations
Post Sign – Diagram XXXII 1205
Procedures, General, see Administration and
Enforcement
Procedures, Hearings, see Administration and
Enforcement
Professional Office/Research Park, see
Prohibited Uses, see Supplementary Regulations
Projections into Yards, see Supplementary
Regulations
Public Utility Standards, see Supplementary
Regulations
Quarrying Operations, see Supplementary
Regulations
INDEX-54
RC - Rural Conservation District, see Zoning

Recreational Use Regulations, see Supplementary
Regulations
Registration of Nonconformities, see
Nonconformities
Regulations, Application of District, see
Remedies, see Administration and Enforcement
Residential Conversion Standards, see
Residential Districts, see Zoning District
Regulations
Review, see Planned Residential Development
Regulations
Review Procedures, see Planned Residential
Rooming House, see Supplementary Regulations
Route 422 Overlay District – see Zoning, Section 501
Rural Conservation District - RC, see Zoning
Rural Village – Amityville – RV, see Zoning
SCC - Shopping Center Commercial District, see
Self-storage Units, see Supplementary
Regulations
Semi-Detached Developments, Single-Family, see
Setback Requirements, Lot and - Diagram, see
Shopping Center Commercial District - SCC, see
Shopping Centers, see Supplementary Regulations
Signs, see Supplementary Regulations
Sign, Monument – Diagram XXXII 1204
Single-Family Semi-Detached Developments, see
Solar Energy Systems, see Supplementary
Regulations
Solid Waste Disposal Facilities, see
Special Exception Uses, Permitted, see
Nonconformities
Steep Slope Overlay District, see Environmental
Protection Overlay District
Storage, Outdoor, see Supplementary Regulations
Storage Units, Self-, see Supplementary
Regulations
Structures, Temporary, see Supplementary
Regulations
Structures, Unsafe or Unlawful, see
Nonconformities
Submission Procedures, see Planned Residential
Access to Structures XXXII 901
Accessory Uses XXXII 902
Accessory Structures XXXII 902
Adult Business Uses XXXII 937
Age Restricted Housing XXXII 956
Agricultural Use Regulations XXXII 905
INDEX-55
Antenna Regulations, Cellular

Communications XXXII 945
Bed and Breakfast House XXXII 934
Blasting Requirements XXXII 946
Boarding House XXXII 934
Campgrounds Standards, Commercial XXXII 929
Cellular Communications Antennae,
Regulations for XXXII 945
Commercial Campgrounds Standards XXXII 930
Commercial Retirement Community XXXII 953
Communications Antenna Regulations,
Cellular XXXII 945
Community, Transitional-Age Development XXXII 951
Continuing Care Retirement Community XXXII 954
Convalescent Home XXXII 955
Corner Lot Restrictions XXXII 917
Design Standards
Commercial Uses XXXII 907
Industrial Uses XXXII 907
Detached Dwelling Developments,
Two-Family, see Supplementary
Regulations
Detonation Requirements XXXII 946
Development Community, Transitional-Age XXXII 952
Disposal Facilities, Solid Waste XXXII 935
Driveways XXXII 925
Dwelling Types, Other XXXII 949
Environmental Performance Standards
Commercial Districts XXXII 908
Industrial Districts XXXII 908
Excavating XXXII 944
Exportation of Groundwater XXXII 950
Extraction of Groundwater XXXII 950
Extraction of Woodland XXXII 948
Fences XXXII 916
Filling XXXII 944
Flag Lots XXXII 913
Front Yard Exceptions XXXII 912
Grading XXXII 944
Groundwater
Exportation XXXII 950
Extraction XXXII 950
Hazardous Areas XXXII 928
Hedges XXXII 916
Height Exceptions XXXII 920
Highway Frontage Development XXXII 926
Home Occupation Regulations XXXII 903
Industrial Parks XXXII 940
Junkyard Standards XXXII 935
Kennels XXXII 947
Land Uses, Other XXXII 949
Lighting XXXII 922
Loading Areas, Off-Street XXXII 922
Mining Operations XXXII 941
Multi-Family Developments XXXII 931
Nursing Home XXXII 955
Office/Research Park, Professional XXXII 938
Off-Street Loading Areas XXXII 923
Off-Street Parking Facilities XXXII 924
Outdoor Storage XXXII 910
Parking Facilities, Off-Street XXXII 923
Professional Office/Research Park XXXII 939
INDEX-56
Prohibited Uses XXXII 911

Projections into Yards XXXII 918
Public Utility Standards XXXII 929
Quarrying Operations XXXII 941
Recreational Use Regulations XXXII 906
Residential Conversion Standards XXXII 904
Retirement Home XXXII 955
Rooming House XXXII 934
Self-storage Units XXXII 951
Shopping Centers XXXII 938
Signs XXXII 927
Single-Family Semi-Detached Developments XXXII 932
Solar Energy Systems XXXII 943
Solid Waste Disposal Facilities XXXII 936
Storage Units, Self- XXXII 950
Swimming Pools XXXII 921
Temporary Structures XXXII 909
Tourist House XXXII 934
Transitional-Age Development Community XXXII 952
Two-Family Detached Dwelling Developments XXXII 933
Visibility at Intersections XXXII 915
Walls XXXII 916
Woodland Extraction XXXII 948
Swimming Pools, see Supplementary Regulations
Temporary Structures, see Supplementary
Regulations
Tourist House, see Supplementary Regulations
Transitional-Age Development Community, see
Two-Family Detached Dwelling Developments, see
Types of Dwelling Units - Diagram, see Diagrams
and Zoning Map
Unlawful Structures, see Nonconformities
Unsafe Structures, see Nonconformities
Visibility at Intersections, see Supplementary
Regulations
Walls, see Supplementary Regulations
Wetlands Overlay District, see Environmental
Protection Overlay District Regulations
Woodland Extraction, see Supplementary
Regulations
Zoning District Boundaries, Interpretation of,
see Zoning Map and Zoning Districts
HC - Highway Commercial District XXXII 405
LI/O - Light Industrial/Office District XXXII 407
LDR - Low Density Residential District XXXII 402
MDR - Medium Density Residential District XXXII 403
MHP - Mobile Home Park District XXXII 404
PBOI – Planned Business/Office/Industrial District XXXII 408
RC - Rural Conservation District XXXII 401
RV – Rural Village – Amityville District XXXII 409
SCC - Shopping Center Commercial District XXXII 406
Zoning Districts, see Zoning Map and Zoning
Districts
Zoning Hearing Board, see Administration and
Enforcement
Zoning Map, see Diagrams and Zoning Map
District Boundaries, Interpretation of XXXII 303
District Regulations, Application of XXXII 304
INDEX-57
Zoning Districts, Establishment of XXXII 301

Zoning Map, Official XXXII 302
Zoning Officer, see Administration and
Enforcement
ZONING DISTRICTS, see ZONING
ZONING HEARING BOARD, see BOARDS; see also ZONING,

ZONING MAP, see ZONING
ZONING OFFICER, see ZONING, Administration and

Enforcement
INDEX-58

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LAB AMITY CODE 13404-10 C1 07/06/16 #C52777-02

ADMINISTRATION AND GOVERNMENT

Subpart A. Township Supervisors

Section 101. Annual Compensation

Subpart B. Tax Collector

Section 150. Tax Collector Compensation

Subpart A. Township Manager

Section 201. Creation of Office

Subpart B. Code Enforcement Officer

Section 220. Establishment of Office

Subpart C. Delinquent Tax Collector

Section 240. Establishment of Office of Delinquent Tax Collector

Local Taxpayers Bill of Rights

Section 301. Definitions

Section 401. Statement of Policies

Subpart A. Amity Township School Authority

Section 501. Intention and Desire to Organize

Subpart B. Amity Township Municipal Authority

Section 510. Intention and Desire to Organize

Boards and Commissions

Subpart A. Parks and Recreation Board

Section 601. Establishment of Board of Recreation

Subpart B. Zoning Hearing Board

Section 610. Creation; Establishment

Section 612. Duties

Subpart C. Amity Township Planning Commission

Section 650. Creation and Establishment

Subpart D. Amity Township Environmental Advisory Council

Section 670. Creation

Subpart E. Amity Township Economic Development Advisory Council

Section 680. Creation

Subpart A. Emergency Response Plan

Section 701. Emergency Response Plan

Subpart B. Comprehensive Plan

Section 710. Acknowledgments

Pensions and Pension Funds

Subpart A. Police Pension

Section 801. Definitions

Subpart B. Non-uniformed Employee Pension

Section 850. Definitions

Section 901. Establishment of Records Retention Procedure

Berks County Emergency Response Team

Section 1001. Purpose

Subpart A. Township Supervisors

Section 101. Annual Compensation. Each Supervisor of the Township of

(Ordinance 150, December 18, 1995, Section 1)

Section 102. Installment Payments. Such compensation shall be payable and

(Ordinance 150, December 18, 1995, Section 2)

Subpart B. Tax Collector

Section 150. Tax Collector Compensation. The compensation of the Township

(Ordinance 178, February 5, 2001, Section 1; as amended by Ordinance 282,

Section 151. Issuance of Tax Certifications. The duly elected tax

(Ordinance 152, April 22, 1996, Section 1)

(Ordinance 152, April 22, 1996, Section 2)

(Ordinance 152, April 22, 1996, Section 3)

Section 154. Severability. If any sentence, clause, section or part of

Subpart A. Township Manager

Section 201. Creation of Office. The office of Township Manager

(Ordinance 174, May 8, 2000, Section 1)

Section 202. Appointment and Removal. The Manager shall be a citizen of

(Ordinance 174, May 8, 2000, Section 2)

Section 203. Qualifications of Manager. The Manager shall be chosen

(Ordinance 174, May 8, 2000, Section 3)

(Ordinance 174, May 8, 2000, Section 4)