The supplementary regulations in this article supplement the requirements of Articles IV through IX governing each zoning district and shall apply to all uses in all zoning districts.
The following standards shall apply to all permitted uses, conditional uses and uses by special exception in all zoning districts. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board of Supervisors or Zoning Hearing Board may require a qualified consultant to testify, whose cost for services shall be borne by the applicant.
A. 
Environmental performance standards. All properties shall be subject to the following environmental performance standards:
(1) 
Floodplains. All areas identified as flood-prone by the Federal Insurance Administration of the Department of Housing and Urban Development shall be subject to the regulations of the Township Floodplain Management Ordinance No. 83-2, as amended.[1]
[1]
Editor's Note: See Ch. 210, Floodplain Management.
(2) 
Steep slopes. Steep slopes in excess of 25% may be disturbed by grading, alteration or removal of vegetation only if a geotechnical report prepared by a civil engineer registered in the Commonwealth of Pennsylvania with experience in geotechnical engineering is submitted that indicates the following:
(a) 
The finished slopes after excavating or grading will be stable and will not create hazards for adjoining property from erosion, sedimentation or stormwater runoff.
(b) 
The foundations of any structures proposed to be erected in any natural steep slope areas or any steep slope areas that have been disturbed will be structurally sound, including recommendations for special foundation design, if warranted.
(c) 
Restoration of all slopes from which cover has been removed shall be finished and seeded within a reasonable time after such clearance activity. The phrase "a reasonable time" shall mean within 30 days after grading and/or construction activities are completed, unless those activities are completed between November 1 and April 1. In such cases, the required seeding or sodding shall occur by May 1. In all cases, erosion and sedimentation control measures shall be maintained on the site until replacement cover can be accomplished.
(3) 
Areas with adverse subsurface conditions.
(a) 
On sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data indicates the potential for landslides, subsidence or other subsurface hazards, a geotechnical report by a qualified registered professional engineer shall be submitted regarding soil and subsurface conditions and the probable measures needed, if any, to be considered in the design of the development and its infrastructure, the location of structures and the design of foundations.
(b) 
The geotechnical report shall provide, at a minimum, the following information. Any site-specific issues identified by the applicant's geotechnical engineer, not specifically listed below, shall be addressed in the geotechnical study.
[1] 
Foundation-bearing materials and associated settlement
[2] 
Fill embankment base preparations, support, maximum allowable slope, suitable borrow material and compaction requirements.
[3] 
Maximum allowable slope and stability of cut slopes.
[4] 
Coal mining below the site, mine location and amount of cover and measures to prevent mine subsidence, if required.
[5] 
Presence and control of groundwater.
[6] 
Identification of potentially expansive carbonaceous materials or slag to be encountered in excavations and measures to prevent their detrimental effects.
[7] 
Delineation of on-site fill materials and their impact on site development
[8] 
Identification of subsurface conditions in all areas where public infrastructure is proposed.
(c) 
Geotechnical engineering reports shall be signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania.
(d) 
The Township Engineer may require that the geotechnical engineering report and site development drawings be reviewed by a separate geotechnical engineering consultant selected by the Township. The applicant required to submit the report shall be required to pay for the cost of the independent consultant review.
B. 
Noise. The ambient noise level of any operation [other than those exempted in Subsection B(4) below] shall not exceed the decibel levels prescribed. The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, ambient noise level is the average decibel level recorded during observations taken in accordance with the procedure specified below taken at any time when the alleged offensive noise is audible, including intermittent, but recurring, noise.
(1) 
Averaging may be done by instrument analysis in accordance with American National Standard S1.13-1971 or may be done manually, as follows:
(a) 
Observe a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle and the highest and lowest indications.
(b) 
Repeat the observations as many times as necessary to determine that there are decibels between the lowest low indication and the highest high indication.
(c) 
Calculate the arithmetical average of the observed central tendency indications.
(2) 
No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
(a) 
Residential districts. At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA.
(b) 
Business and industrial districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA.
(3) 
Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.
(4) 
The following uses or activities shall be exempted from the noise regulations:
(a) 
All agricultural uses by landowners on properties located in the A, Agricultural, District.
(b) 
Noises emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m. on weekdays, Monday through Friday.
[1] 
On Saturdays, between 9:00 a.m. and 9:00 p.m.
[2] 
On Sundays: no exemption.
(c) 
Noises caused by safety signals, warning devices and other emergency-related activities or uses;
(d) 
Noises emanating from public recreational uses between 7:00 a.m. and 10:00 p.m.
(5) 
In addition to the above regulations, all uses and activities within the Township shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
C. 
Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
D. 
Glare. Lighting devices that produce objectionable direct or reflected glare greater than one footcandle on adjoining properties or public streets shall not be permitted.
E. 
Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
F. 
Continuing enforcement.
(1) 
The Code Enforcement Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Supervisors, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation, if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.
[Amended 5-16-2012; 5-21-2014]
(2) 
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 410-130 of this chapter, indicating a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the certificate of occupancy for the facility or use.
A. 
Buffer areas described. Buffer areas, as defined by this chapter and required by Subsection B, shall meet all of the following criteria: (See Appendix B for illustrations of buffer areas.[1])
(1) 
Buffer Area "A" shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 15 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner which shall result in adjacent trees on two different rows being no more than 10 feet apart, measured from the vertical center lines of the trees. The depth of Buffer Area "A" shall be 25 feet, as measured from the property line.
(2) 
Buffer Area "B" shall contain one row of plantings that shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 10 feet apart, measured from the vertical center lines of adjacent trees. The depth of Buffer Area "B" shall be 15 feet, as measured from the property line.
(3) 
Buffer Area "C" shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature, that are a minimum of six feet in height at the time of planting. The depth of Buffer Area "C" shall be 10 feet, as measured from the property line.
(4) 
None of the required plantings shall encroach across any property line. All plantings shall be located a minimum of 2 1/2 feet from the property line which constitutes the exterior boundary of the buffer area.
(5) 
In the event that existing vegetation and/or existing topography provides screening that is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining properties, the Board of Supervisors, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by the Board of Supervisors to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
(6) 
In the event that a public street right-of-way, dedicated and accepted by the Township separates the two dissimilar uses specified, the buffer area shall not be required, provided the width of the right-of-way equals or exceeds the width of the required buffer area and one row of low-level plantings or a landscaped earthen mound is provided on the property to screen headlights from view if parking for cars facing the street is proposed in the front yard.
(7) 
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 410-87D of this chapter.
(8) 
No structures or uses shall be permitted in the required buffer area, other than active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the buffer area and provided all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required buffer area include, but are not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
B. 
Buffer areas required. Buffer Areas "A," "B" and "C," listed in § 410-86A above, are required under the following circumstances:
(1) 
Buffer Area "A." Buffer Area "A" shall be required:
(a) 
Where the express standards and criteria for a conditional use or use by special exception in § 410-83 of this chapter specify that Buffer Area "A" is required.
(b) 
Along all property lines where a planned residential development adjoins property in an A, R-1, R-2 or V District.
(2) 
Buffer Area "B." Buffer Area "B" shall be required:
(a) 
Along all property lines where any development in the B or I District adjoins property in an A, R-1, R-2 or V District.
(b) 
Where the express standards and criteria for a conditional use or use by special exception in § 410-83 of this chapter specify that Buffer Area "B" is required.
(3) 
Buffer Area "C." Buffer Area "C" shall be required:
(a) 
Where the express standards and criteria for a conditional use or use by special exception in § 410-83 of this chapter specify that Buffer Area "C" is required.
(b) 
On developed properties in the B or I Districts where existing conditions such as building location and existing paving of the parking lot make it impossible to meet the requirements for Buffer Area "B" along a property line that adjoins property in the A, R-1, R-2 or V District.
C. 
Conflict between buffer areas and yard requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of Articles IV through IX, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
D. 
Existing structure and buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure that encroaches on the required buffer area. The required buffer area, as determined by § 410-86B, shall apply on all other sides of the existing structure.
E. 
Existing trees in buffer areas.
(1) 
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Township has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this section shall be subject to the maximum penalties authorized by this chapter.
(a) 
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. All such replacement planting shall be in accordance with accepted conservation practices.
F. 
Size of trees in required buffer areas.
(1) 
Any existing trees within the required buffer area that are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
(2) 
All trees required to be planted within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting, measured from the ground adjacent to the planted tree to the top of the tree.
G. 
Responsibility for maintenance. It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
H. 
Stormwater management facilities in buffer areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
I. 
Landscaping of open areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding must occur by May 1.
J. 
Landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
(1) 
Planting required in buffer areas as outlined in § 410-86B shall not be substituted for any required planting mandated in this section.
(2) 
A landscaping plan, with detailed drawings, must be submitted in order to obtain a zoning certificate. The landscaping plan must contain and show the following information:
(a) 
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub), drawn to scale, and identifying the height and width of any proposed mounds.
(b) 
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.), drawn to scale.
(c) 
Any planting in excess of the requirements in § 410-86A and B of this chapter.
(d) 
Any existing trees or vegetation that are to be preserved, accurately identifying their relative location.
(e) 
Any existing trees or vegetation that will be removed, accurately identifying their relative location.
(3) 
At least one deciduous tree shall be planted for each 1,000 square feet of lot area occupied by the building footprint in conjunction with any nonresidential development.
(4) 
At least one deciduous tree shall be planted for each dwelling unit in conjunction with any multifamily development.
(5) 
All trees that are required to be planted as per the regulations of this section shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting, measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
(6) 
In conjunction with the development of property for any use, the applicant shall show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property. "Imminent development" shall be considered to be development that is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum eight-hours-per-day, forty-hours-per-week basis (utilizing a five-day on, two-day off, standard workweek basis) within 30 days of the removal of trees or vegetation and for which a land development plan and landscaping plan have been submitted and approved by the Township.
(7) 
Any existing trees that are not disturbed and are not located within a required buffer area and are a minimum of four inches in diameter at a point one foot above the ground shall count towards the required number of trees to be planted outside of the buffer area.
(8) 
Whenever an off-street parking area abuts a public street, a planting strip at least five feet in depth, planted and maintained with shrubbery, trees or other landscape or decorative materials, shall be installed across the entire frontage of the property in order to prohibit vehicle access, except at approved ingress and egress points.
(9) 
All areas not utilized for structures, driveways, planting strips or parking facilities must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be given the same interpretation given that phrase as it is used in § 410-86I of this chapter.
K. 
Posting of bond for landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for 18 months from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all zoning districts to the applicable circumstances described below.
A. 
Corner lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute side yards.
B. 
Nonconforming lots of record. See § 410-115.
C. 
Accessory structures. In all zoning districts, the following regulations shall apply to accessory structures:
(1) 
Private swimming pools and associated decks and patios accessory to a dwelling.
(a) 
Swimming pools accessory to a dwelling shall be located at least 15 feet from the rear property line. Swimming pools accessory to a dwelling shall not be permitted in the minimum required front yard or in the minimum required side yard.
(b) 
All swimming pools shall be enclosed by a continuous fence or wall not less than four feet in height with a self-closing, self-latching gate designed to prevent access to the pool when it is not in use. The dwelling may be part of the enclosure.
(c) 
In the case of an aboveground pool, when any point on the top circumference of the pool is less than four feet above the adjacent ground level, the entire pool shall be enclosed by a continuous fence or wall not less than four feet in height with a self-closing, self-latching gate. Any aboveground pool that is at least four feet above the adjacent ground level around the entire top circumference of the pool shall not be required to be fenced, provided the pool has a retractable ladder or steps that is kept retracted when the pool is not in use.
(2) 
Private sports courts accessory to a dwelling. Sports courts accessory to a dwelling shall be located only in a side or rear yard and shall be no closer to the side or rear property line than 15 feet. Lighting of the sports court shall not be permitted. All sports courts shall be enclosed by a fence that is a minimum of 10 feet in height and a maximum of 12 feet in height and that shall contain openings equal to 50% or more of the surface area of the fence. The area of the sports court shall not exceed 50% of the total area of the rear yard.
(3) 
Fences.
(a) 
No fence in any zoning district shall be constructed in any public street right-of-way. Fences accessory to single-family dwellings in the R-1, R-2 and V Districts shall be installed so that the finished side faces the adjoining property.
(b) 
All fences shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties, and shall comply with the clear sight triangle required by § 410-87D.
(c) 
Fences accessory to a farm shall be exempt from these regulations, and no permit shall be required for farm fences.
(d) 
In the R-1, R-2 and V Districts, fences shall be located a minimum of 24 inches from any property line.
(e) 
In the R-1, R-2 and V Zoning Districts, a privacy fence (a fence that has openings that comprise less than 10% of the total surface area of the fence) may be erected behind the rear wall of the dwelling to screen a patio, deck or swimming pool, provided the following requirements are met:
[1] 
The maximum height of the fence shall not exceed six feet.
[2] 
The fence is attached to the rear wall of the dwelling.
[3] 
The fence does not encroach into the minimum required side yard.
[4] 
The fence is located at least 20 feet from the rear property line.
(f) 
In the R-1, R-2 and V Zoning Districts, a security fence (a fence that has openings that comprise no less than 25% of the surface area of the fence, including, but not limited to, board fences, picket fences, chain link fences and the like) may be erected in the minimum required side or rear yard provided the maximum height of the fence shall not exceed six feet.
(g) 
In the R-1, R-2 and V Zoning Districts, a decorative fence (a fence that has openings that comprise at least 75% of the surface area of the fence, including, but not limited to, split rail fences, wrought iron fences and the like, whose purpose is to contribute to the landscaping and exterior design rather than enclose property) may be permitted in the minimum required front yard. provided the maximum height of the fence shall not exceed four feet and further provided the fence does not form a continuous enclosure of the perimeter of the front yard.
(h) 
In the R-1, R-2, V and B Zoning Districts, barbed wire fences and electrified fences shall not be permitted.
(i) 
In the B and I Zoning Districts, the maximum height of a security fence shall be eight feet. Solid screening fences shall be permitted as otherwise provided for by this chapter to screen dumpsters, loading berths and outdoor storage areas in accordance with §§ 410-83EE and 410-104A(4).
(4) 
Accessory storage structures and detached garages.
(a) 
Storage structures accessory to a single-family dwelling in any zoning district that have a floor area of 100 square feet or less and that are not affixed to a permanent foundation are exempt from obtaining a zoning certificate and shall not be subject to the setback requirements for accessory storage structures.
(b) 
In the A District, storage structures and other accessory structures, including detached garages, may be located in the minimum required front, side or rear yards, provided they are at least 10 feet from any property line.
(c) 
In the R-1 and R-2 Districts, accessory storage structures that have a total floor area of 180 square feet or less shall be located at least five feet from the rear property line and shall be located at least 10 feet from a side property line but shall not be located in any front yard. All accessory storage structures that have a total floor area in excess of 180 square feet and all detached garages shall not be located in the required front yard, required rear yard or required side yards.
(d) 
In the V and B Districts, accessory storage structures that have a total floor area of 180 square feet or less shall be located at least three feet from the side or rear property line but shall not be located in any front yard. All accessory storage structures that have a total floor area in excess of 180 square feet and all detached garages shall not be located in the required front yard, required side yards or required rear yard.
(e) 
In the I District, storage structures and other accessory structures shall be located at least 20 feet from the side or rear property lines and shall not be located in any required front yard.
D. 
Visibility at intersections. No object, including, without limitation, fences, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three feet as measured from the lowest elevation of the center line of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required on a corner lot. The required clear sight triangle on a corner lot shall be determined as follows: The street lines abutting the corner lot shall form the legs of the clear sight triangle. Each of the legs shall extend a distance of 30 feet from the point of intersection of the street lines abutting the corner lot. The hypotenuse of the clear sight triangle shall be formed by drawing a straight line joining the legs at their farthest point from the vertex of the triangle. (See illustration in Appendix A.[1])
[1]
Editor's Note: Appendix A is included at the end of this chapter.
The following shall be permitted to project into any required yard in any zoning district as follows:
A. 
Typical architectural features, including, but not limited to, bay windows, window sills, chimneys, cornices and eaves, shall be permitted to project into required yards no more than 18 inches.
B. 
Decks and their stairs and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into required front and side yards no more than three feet and shall be located no closer to the rear property line than 20 feet.
C. 
Steps attached to the principal building and open fire escapes shall be permitted to project into required yards no more than 36 inches.
The height limitations of this chapter shall not apply to the following structures: Church spires, chimneys, elevator bulkheads and other mechanical equipment that are part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures, and other structures not intended for human habitation that do not exceed the height limitations of the zoning district by more than 15 feet.
All businesses that propose drive-through facilities, as defined by this chapter, as accessory uses or principal uses shall meet all of the following requirements:
A. 
The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
B. 
In addition to the parking spaces required for the principal use, a minimum of five standing spaces in one lane, with a total length of 100 feet, in direct line with each window, stall or service position, shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.
C. 
Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
D. 
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
Temporary construction trailers, model homes or sales offices shall be permitted in any zoning district subject to the following conditions:
A. 
Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit or under Township approval to install public improvements. The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit or upon completion of the installation of the public improvements in a plan of subdivision. In the event that construction is phased, the temporary construction trailer shall be moved from the completed phase to the next phase when 90% of the required improvements in the completed phase have been installed as determined by the Township Engineer.
B. 
Model homes or sales offices shall be permitted only until 90% of the lots or dwelling units in the development are sold. In the case of a phased development, the use of a model home or sales office shall be permitted to continue only if the subsequent phase is initiated within six months of the completion of 90% of the lots or dwelling units in the prior phase.
C. 
A zoning certificate for the temporary structure or use shall be obtained from the Code Enforcement Officer prior to the commencement of construction and shall be renewed every six months.
[Amended 5-16-2012; 5-21-2014]
D. 
Temporary construction trailers shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line adjoining an existing dwelling.
E. 
Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use whatsoever.
F. 
No combustible materials shall be stored in temporary construction trailers.
G. 
Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the zoning district in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within 25 feet of any property line adjoining an existing dwelling.
H. 
Model homes or sales offices located in a trailer shall not be utilized for any dwelling use whatsoever during the time that they are being used as a temporary use or structure in accordance with the provisions of this section.
I. 
Model homes or sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.
Agriculture, as defined herein, and garden nurseries, greenhouses, stables and kennels, where authorized by this chapter, shall be subject to the following requirements:
A. 
Storage of manure shall be located at least 200 feet from any property line.
B. 
Any building used for the sheltering, nurturing, raising or feeding of livestock and poultry shall be located at least 200 feet from any street line and from any adjacent landowner's well or dwelling and not less than 100 feet from the landowner's well.
C. 
Concentrated animal operations shall be subject to compliance with the PA Nutrient Management Act.[1]
[1]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
D. 
Greenhouse heating plants shall be at least 100 feet from any property line. The retail sales area for a greenhouse shall not exceed 1,000 square feet for every 10 acres of land farmed. The growing area shall not be considered sales area.
E. 
The minimum lot area for keeping horses shall be five acres. The minimum lot area for keeping horses shall not be less than two acres per horse.
F. 
No stable shall be located within 200 feet of any property line.
G. 
All grazing and pasture areas shall be adequately fenced.
H. 
Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot and at least 200 feet from any property line that adjoins an A, R-1, R-2 or V District.
A. 
Storage of travel trailers and mobile homes. The parking and storage of travel trailers, mobile homes, motor homes, campers and similar recreational vehicles shall be prohibited within the right-of-way of any public street. At no time shall such parked or stored vehicle be occupied or used as a dwelling, except for those vehicles in a recreational vehicle park approved in accordance with § 410-83VV or in the case of temporary occupancy by visitors to a residential lot which shall not exceed three months in any calendar year and at all times remain compliant with all applicable rules and regulations.
[Amended 1-7-2013 by Ord. No. 13-01]
B. 
Storage of nonagricultural commercial and construction equipment. Commercial and construction equipment or vehicles, including without limitation trucks of one-ton capacity or greater, tractors of 40 horsepower or larger, tandems, tractor-trailers, cargo-moving equipment and construction equipment or vehicles, shall not be stored or parked temporarily or permanently in any R-2 or V District, except within a completely enclosed building.
When required, all new construction and additions or enlargements of existing structures or facilities shall comply with the most recent regulations for accessibility as specified in the Americans with Disabilities Act (ADA).
A mobile home that is proposed to be used as a single-family dwelling and is to be erected on an individual lot of record outside a mobile home park shall meet the following requirements:
A. 
The lot shall meet all applicable requirements for a single-family dwelling in the zoning district in which it is proposed to be located.
B. 
The mobile home shall meet the specifications for manufacture of mobile homes as set forth in the United States Standards Institute, "Standards for Mobile Homes" USA Standard A119.1-1969, NFPA No. 501B-1968, and any subsequent modification or amendment of such standards.
C. 
The mobile home shall bear the seal of the U.S. Department of Housing and Urban Development (HUD).
D. 
The mobile home shall be installed upon, and securely fastened to, a frost-free foundation or footer and, in no event, shall it be erected on jacks, loose blocks or other temporary materials.
E. 
An enclosure of compatible design and material shall be erected around the entire base of the mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
F. 
The mobile home shall be connected to public water and a public sewer system, if available. If not, the owner shall provide a potable water supply from his own or an adjacent well and shall provide an on-lot sewage disposal system that shall meet the standards of the Pennsylvania Department of Environmental Protection (DEP).
G. 
Prior to occupancy, the mobile home shall be connected to available utilities in order to provide the dwelling unit with adequate heat and light.
H. 
Any garage, utility shed or other outbuilding constructed on the lot shall conform with the standards applicable to such accessory structures provided in this chapter.
In the A and R-1 Districts, retail sales of agricultural products accessory to a farm or greenhouse shall be permitted, subject to the following regulations:
A. 
All sales shall be conducted on the premises of a farm or greenhouse, as defined and regulated by this chapter.
B. 
At least 50% of the gross sales shall be from products raised, grown or produced on the farm or in the greenhouse. Products not produced on the farm or in the greenhouse shall be an incidental part of the business. Farm supplies may be sold as incidental items to the business.
C. 
All permanent structures shall comply with the yard requirements for principal structures in the A or R-1 Districts, whichever is applicable.
D. 
Seasonal roadside stands may be located no closer than 15 feet to any street right-of-way or property line, provided they are removed at the end of each growing season.
E. 
Buildings used for retail sales of agricultural products shall not exceed 1,000 square feet of sales floor area for every 10 acres of land farmed. No building used for agricultural products shall exceed 5,000 square feet of sales area.
F. 
Off-street parking for permanent structures shall be provided in accordance with the requirements of § 410-103 for retail businesses. Off-street parking for permanent structures shall be designed in accordance with the requirements of § 410-102.
G. 
Off-street parking for seasonal roadside stands shall be designed in accordance with § 410-102; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
H. 
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 410-103 for retail businesses; however, in no case shall less than 10 spaces be provided.
I. 
Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right-of-way and do not park or stand on any street or berm.
J. 
One nonilluminated freestanding sign shall be permitted to announce the greenhouse or agricultural sales, provided the maximum surface area of the sign shall not exceed 24 square feet, the height of the sign shall not exceed eight feet, and the sign shall be located no closer than 10 feet to any property line or street right-of-way.
No impact home based businesses, as defined herein, shall comply with the following:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
No on-site parking of commercially identified vehicles shall be permitted.
F. 
The business activity shall not use any equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.
G. 
The business activity shall not generate any solid waste or sewage discharge, in volume or type, that is not normally associated with residential use in the neighborhood.
H. 
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.
I. 
The business shall not involve any illegal activity.
Forestry, as defined herein, shall be conducted in accordance with the following provisions:
A. 
All operations shall be located at least 300 feet from any existing dwelling.
B. 
All operations shall be discontinued between 7:00 p.m. and 7:00 a.m., provided further that such operations shall not take place during any hours on Sundays or legal holidays.
C. 
Routes to be used by the hauling trucks shall be approved by the Township, and the operator shall demonstrate that there shall be no negative impact on Township streets from the proposed operation.
D. 
A performance bond shall be posted in favor of and in an amount required by the Township to guarantee restoration of Township streets used as hauling routes.
E. 
The applicant shall submit a copy of the state permit for hauling on state roads.
F. 
The operator shall be responsible for cleaning dirt and debris from public streets daily during the operation.
G. 
The applicant shall supply the Township with the name of an on-site contact person.
H. 
(1) 
The applicant shall show compliance with the following laws and regulations of the commonwealth, and all necessary permits shall be maintained during the operation:
(a) 
Erosion and sedimentation control regulations contained in Chapter 102, issued pursuant to the Pennsylvania Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(b) 
Stream crossing and wetlands protection regulations contained in Chapter 105, issued pursuant to the Pennsylvania Dam Safety and Encroachments Act.[2]
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
(c) 
Stormwater management plans and regulations issued pursuant to the Pennsylvania Stormwater Management Act.[3]
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
(2) 
Any suspension or revocation of a state permit shall constitute revocation of the zoning certificate, and the operator shall be subject to the enforcement provisions of § 410-130 of this chapter.
I. 
A logging plan prepared and sealed by a registered surveyor shall be submitted that shows at a minimum:
(1) 
The design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;
(2) 
The design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars;
(3) 
The design, construction and maintenance of stream and wetland crossings, if any;
(4) 
The general boundaries of the proposed operation in relation to Township and state streets, including any accesses to those streets.
(5) 
The site location, including boundaries of the property and boundaries of the proposed harvest area;
(6) 
Significant topographic features;
(7) 
The location of all earth-disturbance activities such as roads, landings and water control measures and structures; and
(8) 
The location of all crossings of the waters of the commonwealth.
J. 
Felling or skidding on or across any public street is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation (PennDOT), whichever is responsible for maintenance of the street.
K. 
No tops of trees or debris shall be left within 25 feet of any private street providing access to adjoining residential property or any public street.
L. 
No tops of trees or debris shall be left on any adjoining property or across any property line without the consent of the adjoining owner.
M. 
Upon completion of the forestry operation, haul roads shall be restored to their original condition.
The following regulations shall apply to all land in every zoning district that has steep slopes, undermined areas or landslide-prone areas, as defined herein.
A. 
No construction on sites with undermined areas that have less than 100 feet of overburden shall be permitted until the applicant has submitted evidence prepared by a professional soils engineer or geologist that the site is safe for the construction that is proposed and/or recommendations for special construction techniques will be implemented to protect the proposed structure(s) from subsidence damage.
B. 
Steep slopes shall include those areas on the development site having a slope of 25% or greater. All such slope areas shall be calculated by the developer's engineer and shall be shown on the preliminary plan submitted for approval of a subdivision or land development. In reviewing the preliminary plan, the Township Engineer shall determine compliance with the following regulations.
C. 
Steep slopes within the area of a lot intended for construction of a single-family dwelling shall meet the following requirements:
(1) 
The top or toe of the steep slope shall be located at least 70 feet behind the front building line.
(2) 
If the steep slopes are altered by grading during preparation of the lots for construction, the resulting finished slope shall be 50% or less.
D. 
Steep slopes between 25% and 40% on any development site may be disturbed by grading, alteration or removal of vegetation, provided that a geotechnical report prepared by a civil engineer registered in the Commonwealth of Pennsylvania with experience in geotechnical engineering shall be submitted with the subdivision or land development plan that indicates the following:
(1) 
Slide-prone soils do not exist in the area proposed for grading, alteration or removal of vegetation.
(2) 
The finished slopes after excavating or grading will be stable and will not create hazards for adjoining property from erosion, sedimentation or stormwater runoff.
(3) 
The foundations of any structures proposed to be erected in any natural steep slope areas or any steep slope areas which have been disturbed will be structurally sound, including recommendations for special foundation design, if warranted.
(4) 
Restoration of all slopes from which cover has been removed shall be finished and seeded within a reasonable time after such clearance activity. The phrase "a reasonable time" shall mean within 30 days after grading and/or construction activities are completed, unless those activities are completed between November 1 and April 1. In such cases, the required seeding or sodding shall occur by May 1. In all cases, erosion and sedimentation control measures shall be maintained on the site until replacement cover can be accomplished.
E. 
Steep slopes in excess of 40% shall not be disturbed by excavation, grading or removal of vegetation.
F. 
Landslide-prone areas shall not be disturbed by grading, alteration or removal of vegetation, unless a geotechnical report prepared by a civil engineer registered in the Commonwealth of Pennsylvania with experience in geotechnical engineering verifies that the proposed excavation or grading will be stable and will not create hazards for adjoining property and that the foundations of any proposed structures will be structurally sound, including recommendations for special foundation design, if warranted.
A. 
The following regulations shall apply to all properties in any zoning district that have been designated by the Preservation Advisory Committee to be included in the Historic Preservation Overlay. The list of all properties designated as part of the Historic Preservation Overlay shall be maintained by the Preservation Advisory Committee. The properties shall be identified on the list by the Washington County Assessor's Office tax parcel number.
B. 
These regulations shall apply to all properties that have been designated by the Preservation Advisory Committee to be included in the Historic Preservation Overlay regardless of the zoning district classification of the properties. These regulations shall be in addition to and shall supersede the underlying zoning district regulations.
(1) 
The enlargement, exterior alteration, demolition or development of any property designated in the Historic Preservation Overlay shall be subject to approval as a use by special exception by the Zoning Hearing Board in accordance with the standards and criteria contained in this § 410-100.
(2) 
Review of all applications for enlargement, exterior alteration, demolition or development of any property designated in the Historic Preservation Overlay on the Zoning District Map shall be subject to review by the Preservation Advisory Committee created by ordinance of the Board of Supervisors.
(3) 
The Historic Preservation Committee shall advise the Zoning Hearing Board on the appropriateness of the proposed construction, exterior alteration or demolition of structures or development of land proposed for properties located in the Historic Preservation Overlay and shall recommend modifications, if necessary, to enhance the preservation of historic, architectural and archaeological features.
(4) 
If the application is favorably reviewed by the Preservation Advisory Committee, the Zoning Hearing Board may continue to process the application for approval of the use by special exception.
(5) 
In reviewing the application for the use by special exception, the Zoning Hearing Board may grant reasonable variances to any provisions of this chapter where the hardship is related solely to preservation of the historic, architectural or archaeological site or structure for which approval is sought.
(6) 
Where the Preservation Advisory Committee has advised that a proposal is not compatible with the objectives of the Historic Preservation Overlay and the application would otherwise be approved under the applicable provisions of this chapter, the applicant shall meet with the Preservation Advisory Committee to arrive at a mutually acceptable solution.
(7) 
In the case of continuing disagreement between the Preservation Advisory Committee and the applicant, the mediation option authorized by § 410-124 of this chapter may be utilized if all parties agree.
(8) 
No provision of this section shall apply to any work on a historical, architectural or archaeological site or structure which has been ordered by any authorized public agency to protect the public health or safety.