[Ord. 100, 10/12/1993, § 401; as amended by Ord.
109, 11/14/1995; by Ord. 118, 10/14/1997, §§ 2, 3;
by Ord. 122, 9/8/1998, § 2; by Ord. 133, 4/10/2001, § 2;
by Ord. 162, 6/13/2006; and by Ord. 172, 4/14/2009]
1.
Permitted Uses.
A.
Game lands, wildlife preserves.
B.
Outdoor recreation areas, public and private.
C.
Clubs for hiking, climbing, hunting, fishing, gunning, etc.
D.
Agriculture, horticulture, animal husbandry.
E.
Nurseries, tree farms.
F.
Riding stables.
G.
Kennels.
H.
Single-family detached dwellings.
I.
Tourist home.
J.
Churches or similar places of worship, parish houses, convents.
K.
Cemeteries and mortuaries.
L.
Roadside stands.
M.
Forestry.
2.
Permitted Accessory Uses.
A.
Private garage or private parking area pursuant to § 505.
B.
Sign pursuant to § 504.
C.
Home occupations pursuant to § 502(A).
D.
Customary accessory uses and buildings, provided such are clearly
incidental to the principal use and do not include any activity commonly
conducted as a business pursuant to § 503.
E.
Family day-care homes may be allowed as a home occupation, provided
the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania
Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with
a minimum four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00
a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be
met.
(5)
No family day-care home shall be located within 1,000 feet of
another family day-care home, group day-care home or child day-care
center.
F.
Group day-care homes may be allowed as a home occupation, provided
the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania
Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with
a minimum four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00
a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be
met.
(5)
No group day-care home shall be located within 1,000 feet of
another family day-care home, group day-care home or child day-care
center.
G.
Wind turbine.
3.
Uses Permitted by Special Exception.
A.
Mobile home parks pursuant to § 501(15).
B.
Abattoirs pursuant to § 804(J).
C.
Group homes.
(1)
The group home shall be only for the mentally and physically
handicapped; approval for all other types of group homes shall be
required by both the Planning Commission and the Zoning Hearing Board.
(2)
Total occupancy in the group home shall not exceed one family
unit and supervisors in residence.
(3)
Proper supervision as required by the applicable state and public
agencies shall be provided.
(4)
No more than two group homes shall be located within the same
zoning district within 1,000 feet of one another.
(5)
Thirty days shall be considered the minimum period of residence
for occupants of the group home.
D.
Wind turbine.
E.
Campgrounds.
[Added by Ord. 179, 3/11/2014]
4.
Minimum Lot Size.
[Amended by Ord. 188, 7/11/2017]
|
Without Public Sewer
|
With Public Sewer
| |
|---|---|---|
|
Area — 2 acres
|
Area — 2 acres
| |
|
Width — 200 feet
|
Width — 200 feet
|
5.
Minimum Yard Dimensions.
|
Without Public Sewer
|
With Public Sewer
| |
|---|---|---|
|
Front yard — 40 feet
|
Front yard — 40 feet
| |
|
Each side yard — 25 feet
|
Side yard — 15 feet
| |
|
Rear yard — 50 feet
|
Rear yard — 50 feet
|
[Ord. 100, 10/12/1993, § 402; as amended by Ord.
118, 10/23/1997, § 4; by Ord. 133, 4/10/2001, § 3;
by Ord. 155, 3/8/2005, § 2; and by Ord. 172, 4/14/2009]
1.
Permitted Uses.
A.
Single-family detached dwellings.
B.
Churches.
C.
Schools, public or private.
D.
Municipal buildings and structures.
E.
Public parks, playgrounds and libraries.
F.
Nonprofit recreation facilities.
G.
Child day-care centers may be allowed, provided the following requirements
are met:
(1)
Proof of inspection by the Department of Labor and Industry
prior to the grant of license.
(2)
Fencing as may be required by the Department of Public Welfare.
(3)
Proof of registration and a certificate from the Department
of Public Welfare for the operation of a day-care center.
(4)
Any outside play shall be limited to the hours between 8:00
a.m. and 7:00 p.m.
(5)
Any applicable state building and fire safety codes must be
met.
(6)
No child day-care center shall be located within 1,000 feet
of another family day-care home, group day-care home or child day-care
center.
H.
Forestry.
2.
Permitted Accessory Use, located on the same lot with the permitted
principal uses.
A.
Private garage or private parking areas pursuant to § 505.
B.
Signs pursuant to § 504.
C.
Other customary accessory uses and buildings, provided such are clearly
incidental to the principal use pursuant to § 503.
D.
Home occupation pursuant to § 502.
E.
Family day-care homes may be allowed as a home occupation, provided
the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania
Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with
a minimum four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00
a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be
met.
(5)
No family day-care home shall be located within 1,000 feet of
another family day-care home, group day-care home or child day-care
center.
F.
Group day-care homes may be allowed as a home occupation, provided
the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania
Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with
a minimum four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00
a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be
met.
(5)
No group day-care home shall be located within 1,000 feet of
another facility day-care home, group day-care home or child day-care
center.
G.
Wind turbine.
5.
Area and Dimensions.
A.
Multiple-family dwelling townhouses (single-family attached dwellings
and row houses — three units or more).
B.
Single-family detached, single-family semidetached, professional
office, group home.
C.
Multiple-Family Dwellings
(conversion of a structure built prior to the effective date of this
Chapter).
D.
Residential Cluster Development. This is an optional form of development which allows the developer more choices of housing types and the development of lots smaller than otherwise specified in this Chapter, provided the land saved is reserved for permanent common use, usually in the form of open space. A residential cluster development shall be designed in accord with the regulations contained in this Section except that the maximum gross density of the residential district shall not be exceeded. All proposed residential cluster development projects must be approved by submission of appropriate preliminary and final plans to the Township in compliance with the Subdivision and Land Development Ordinance [Chapter 22]. The approval by the Board of Supervisors for a residential cluster development use for a tract of land shall in no way automatically guarantee preliminary or final plan approval without satisfactory compliance with all other applicable codes and regulations of the Township, state or federal governments.
(1)
Application. Any developer who desires to initiate a residential
cluster development shall submit an application to the Township through
the Planning Commission in accord with the conditional use procedure.
The application shall be accompanied by:
(a)
Location map showing the project in relation to the surrounding
area.
(b)
Sketch plan showing:
1)
Property lines and easements with dimensions and area.
2)
Location, size, spacing, setbacks and dimensions of all existing
and proposed buildings and structures.
3)
The building types, sections, floor plan and site sections to
clearly define the character of the project.
4)
Topographic information showing existing features, conditions
and proposed grading.
5)
Landscaping plans showing open spaces, planting, existing and
proposed trees and recreational facilities.
6)
Existing streets, showing access to the project, proposed streets
and parking layout with dimensions.
(c)
Written information regarding land use designations, surrounding
land uses, development schedule, type, size, number and estimated
selling price of units and density calculations.
(d)
Written information regarding the following:
1)
The nature and extent of the common open space in the project,
the proposals for maintenance and conservation of the common open
space, and the adequacy of the amount and function of the open space
in terms of the densities and dwelling types proposed in the plan.
2)
Whenever applicable, documents indicating compliance and approval
of mandated state statutes or other laws shall be obtained and submitted
as part of the application.
(2)
Criteria for Granting Conditional Use Approval.
(a)
The proposed cluster development shall be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this Section and Subdivision and Land Development Ordinance [Chapter 22].
(b)
The proposed cluster development shall not have substantial
or undue adverse effects, as compared to a standard development permitted
by this Chapter, upon adjacent property, the character of the neighborhood,
traffic conditions, parking, utility facilities and other matters
affecting the public health, safety and general welfare.
(c)
The proposed cluster development shall be served adequately
by essential public facilities and services such as highways, streets,
parking spaces, police and fire protection, drainage structures, refuse
disposal, water and sewers and schools.
(d)
The proposed cluster development shall not result in the destruction,
loss or damage of any natural scenic or historic feature of significant
importance.
(3)
General Qualifications.
(a)
Tract Size. Minimum developable tract size shall be 10 contiguous
acres. Excluded from the determination of development tract size are
the following:
(b)
Density. The gross density of a cluster development shall not
exceed six units per acre.
(c)
Types of Dwelling Units. Single-family detached, single-family
semidetached, single-family attached and multifamily dwellings may
be permitted in a cluster subdivision or development pursuant to the
requirements of this Part. Included are the following: duplex, townhouse,
multiplex units and garden apartments. All units proposed shall be
for sale only.
(d)
Permitted Lot Reductions. For cluster developments, single-family
detached may be reduced up to 50 from the maximum established in § 402,
Single-Family Attached and Multiple-family Dwelling; lot size may
be reduced to the area of the building unit. All other types may be
reduced up to 20 from that established in § 402.
(f)
Buffer Areas. Buffer areas shall be required along exterior
property lines where units in a proposed residential cluster development
abut other noncluster residential developments. Buffers shall consist
of six feet or higher evergreen trees, shrubs or solid fencing as
approved by the Board of Supervisors.
(4)
Special Housing Qualifications.
(a)
Townhouse Groups. Not more than eight townhouses shall be attached
in a single group, and no more than two contiguous townhouses in any
group may be constructed in line.
(5)
Garages and Accessory Buildings. Garages and accessory buildings
may be located in any rear yard, provided that they do not violate
the coverage regulations herein set forth and that side yards of not
less than five feet are provided and that a rear yard setback from
the rear property line of not less than five feet is provided.
(6)
Impervious Coverage. The maximum permitted impervious coverage
shall be 30% and shall apply to the developable tract area total rather
than to individual lots.
(7)
Maximum building height: 35 feet.
(8)
Miscellaneous Regulations.
(9)
Open Space Requirements.
(a)
Such areas specifically designed for open space shall be fully
usable and suitable for that purpose and shall be set aside by deed
restriction.
(b)
Common open space may only be dedicated to public use as approved
by the Township Supervisors upon favorable recommendation by the Planning
Commission. The Township Supervisors reserve the right to deny dedication
of open space.
(c)
Private Ownership. When common open space is not dedicated and
accepted to public use, it shall be protected by legal arrangements,
satisfactory to the Township, sufficient to assure its maintenance
and preservation for whatever purpose it is intended. Covenants or
other legal arrangements shall:
1)
Obligate purchasers to participate in a homeowners' association
and to support maintenance of the open areas by paying to the association
assessments sufficient for such maintenance and subjecting their properties
to a lien for enforcement of payment of the respective assessments.
2)
Obligate such an association to maintenance of the open areas
and private streets and utilities.
3)
Empower the Township, as well as other purchasers in the development,
to enforce the covenants in the event of failure of compliance.
4)
Provide for an agreement that if the Township is required to
perform any maintenance work pursuant to the subsection above, such
purchasers would pay the cost thereof and that the same shall be a
lien upon their properties until such a cost has been paid; provided
that the developer shall be responsible for the formation of the homeowners'
association of which the developer, or if the developer is not the
owner of the development, then such owner shall be a member until
all of the lots of record are sold. Other equivalent provisions to
assure adequate perpetual maintenance may be permitted if approved
by the Board of Supervisors. Assurance that such covenants or equivalent
provisions will be included in the deeds or other instruments of conveyance
shall be evidenced by the recordation in the office of the recorder
of deeds, or a perpetual maintenance of facilities as prescribed hereinabove
and identifying the tract and each lot therein. The declaration shall
be included in the deed or other instrument of conveyance of each
lot of record and shall be made binding on all purchasers, provided
that such declaration may, as to subsequent conveyances other than
the initial conveyance of each lot of record, be incorporated by reference
in the instrument of conveyance.
5)
Guarantee that any association formed to own and maintain common
open space will not be dissolved without consent of the Board of Supervisors
and any other specifications deemed necessary by the Board of Supervisors.
[Ord. 100, 10/12/1993, § 403; as amended by Ord.
105, 12/13/1994, § 3; by Ord. 133, 4/10/2001, § 4;
and by Ord. 172, 4/14/2009]
1.
Permitted Uses.
A.
Single-family detached dwellings, one-family semidetached dwellings,
multifamily dwellings including apartments, conversion apartments,
apartments in combination with commercial uses, group dwellings, townhouses
and other similar residential structures.
B.
Stores and shops for retail businesses such as food, drug, hardware;
personal service shops such as barber, beauty, shoe and similar retail
uses.
C.
Restaurants, cafes, clubs and lodges.
D.
Hotels and tourist homes.
E.
Business and professional offices including banks and similar financial
establishments.
F.
Mortuary and funeral homes.
G.
Churches or similar places of worship including parish houses and
convents.
H.
Public and private schools.
I.
Municipal, state or federal uses or buildings.
J.
Public utility buildings.
K.
Home occupations.
L.
Business identification signs when in accordance with § 504.
M.
Family day-care homes may be allowed as a home occupation, provided
the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania
Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with
a maximum four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00
a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be
met.
(5)
No family day-care home shall be located within 1,000 feet of
another family day-care home, group day-care home or child day-care
center.
N.
All uses permitted in § 403 herein, Residential (R) District.
O.
Group day-care homes may be allowed as a home occupation, provided
the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania
Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with
a four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00
a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be
met.
(5)
No group day-care home shall be located within 1,000 feet of
another family day-care home, group day-care home or child day-care
center.
P.
Child day-care centers may be allowed, provided the following requirements
are met:
(1)
Proof of inspection by the Department of Labor and Industry
prior to the grant of license.
(2)
Fencing as may be required by the Department of Public Welfare.
(3)
Proof of registration and a certificate from the Department
of Public Welfare for the operation of a day-care center.
(4)
Any outside play shall be limited to the hours between 8:00
a.m. and 7:00 p.m.
(5)
Any applicable state building and fire safety codes must be
met.
(6)
No child day-care center shall be located within 1,000 feet
of another family day-care home, group day-care home or child day-care
center.
Q.
Forestry.
2.
Permitted Accessory Uses.
A.
Uses and structures which are customarily associated with the uses
permitted by right such as garages, storage buildings, yards, gardens,
play areas and parking areas.
B.
Outdoor storage of goods and materials is expressly prohibited except
in accordance with the regulations set forth in § 501 of
this Chapter and after approval by the Zoning Board.
C.
Wind turbine.
3.
Uses Permitted by Special Exception.
A.
Automobile and automobile parts sales.
B.
Building, plumbing and heating, and similar contractor's offices
and related facilities.
C.
Public and private parking lots and garages.
D.
Other uses which are considered by the Zoning Hearing Board to be
similar to those listed above.
E.
Gasoline service stations, provided that all damaged or dismantled
vehicles, machinery or parts thereof are kept parked or stored within
a building.
4.
Area and bulk regulations.
A.
Lot size (minimum).
|
Single-family detached dwelling
|
9,600 square feet
| ||
|
Two-family detached and semidetached dwelling
|
8,400 square feet per family
| ||
|
Multifamily dwellings:
| |||
|
Townhouses (single-family attached dwellings and row houses
— three units or more) and four-family semidetached dwellings
|
7,400 square feet per family
| ||
|
Garden apartments
|
4,000 square feet per family
| ||
|
Conversion dwellings
|
3,200 square feet per family
| ||
|
Rooming and boarding houses and tourist homes
|
3,200 square feet plus 1,000 square feet for each room offered
for rent
| ||
|
Hotels
|
20,000 square feet or 500 square feet per bedroom, whichever
is greater
| ||
|
Motels
|
One acre or 1,000 square feet per bedroom, whichever is greater
| ||
|
Nonresidential permitted uses
|
9,600 square feet
| ||
B.
Lot width (minimum).
|
Single-family detached dwelling, rooming and board houses, and
tourist homes
|
65 feet
| ||
|
Two-family detached dwelling
|
100 feet
| ||
|
Two-family semidetached dwelling
|
60 feet per dwelling
| ||
|
Multifamily dwellings:
| |||
|
Townhouses
|
20 feet per dwelling plus side yard requirements
| ||
|
Four-family semidetached building
|
120 feet
| ||
|
Garden apartments
|
150 feet
| ||
|
Hotels
|
100 feet
| ||
|
Motels
|
200 feet
| ||
|
Nonresidential uses
|
30 feet per use
| ||
C.
Yard requirements.
|
Minimum Each Yard
| |||||
|---|---|---|---|---|---|
|
Front
|
Side
|
Rear
| |||
|
Single-family detached dwellings, rooming and boarding houses
and tourist homes
|
30
|
8
|
20
| ||
|
Two-family detached dwellings
|
30
|
8
|
20
| ||
|
Two-family semidetached dwellings
|
30
|
10
|
20
| ||
|
Multifamily dwellings:
| |||||
|
Townhouses (side yard requirements applies to end units only)
|
30
|
15
|
20
| ||
|
Four-family semidetached dwelling
|
30
|
15
|
20
| ||
|
Garden apartments
|
50
|
20
|
50
| ||
|
Hotels
|
30
|
30
|
50
| ||
|
Motels
|
50
|
50
|
50
| ||
|
Other nonresidential uses
|
30
|
10
|
20
| ||
E.
Building height (maximum): 35 feet.
[Ord. 100, 10/12/1993, § 404; as amended by Ord.
105, 12/13/1994, §§ 4, 6; by Ord. 133, 4/10/2001, § 5;
and by Ord. 172, 4/14/2009]
4.
Minimum Yard Dimensions.
A.
Front yard: 50 feet.
B.
Each side yard: 30 feet.
C.
Rear yard: 30 feet.
D.
No more than 50% of any required yard depth may be used for off-street
parking or loading. No yards abutting residential districts may be
used for parking.
E.
Side and rear yards abutting a residential district shall not be
used for off street parking.
[Ord. 100, 10/12/1993, § 405; as amended by Ord.
105, 12/13/1994, § 5; by Ord. 119, 4/14/1998; by Ord. 133,
4/10/2001, § 6; and by Ord. 172, 4/14/2009]
1.
Permitted Uses.
A.
Retail stores or shops for the conducting of any retail business.
B.
Business, professional or government offices.
C.
Banks, savings and loan associations.
D.
Restaurants.
E.
Tourist home.
F.
Golf ranges, par three and miniature golf courses.
G.
Single-family detached dwellings.
H.
All uses permitted in § 402, Residential (R), and § 403,
Village Center District (VC).
I.
Forestry.
2.
Permitted accessory uses, located on the same lot with the permitted
principal use.
A.
Off-street parking area pursuant to § 505.
B.
Signs pursuant to § 504.
C.
Customary accessory uses and buildings, provided such are clearly
incidental to the principal use.
D.
Home occupations pursuant to § 502.
E.
Family day-care homes may be allowed as a home occupation, provided
the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania
Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with
a four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00
a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be
met.
(5)
No family day-care home shall be located within 1,000 feet of
another family day-care home, group day-care home or child day-care
center.
F.
Group day-care homes may be allowed as a home occupation, provided
the following requirements are met:
(1)
Proof of registration and a certificate from the Pennsylvania
Department of Public Welfare.
(2)
Any outdoor play or instruction areas shall be enclosed with
a four-foot fence or wall.
(3)
Any outside play shall be limited to the hours between 8:00
a.m. and 7:00 p.m.
(4)
Any applicable state building and fire safety codes must be
met.
(5)
No group day-care home shall be located within 1,000 feet of
another family day-care home, group day-care home or child day-care
center.
G.
Wind turbine.
5.
Minimum Yard Dimensions.
A.
Front yard: 50 feet.
B.
Each side yard: 30 feet.
C.
Rear yard: 30 feet.
D.
No more than 50% of any required yard depth may be used for off-street
parking or loading. No yards abutting residential districts may be
used for parking.
E.
Side and rear yards abutting a residential district shall not be
used for off-street parking.
6.
Screening.
A.
Architectural or botanical screening shall be provided along all
property lines abutting residential districts.
B.
Fences, walls or year round planting and/or other structures shall
have a height of six feet.
C.
If trees, evergreens, hedges or other types of year round plants
are used, the area landscaped shall be 10 feet in width.
7.
Screening and Landscaping Requirements.
A.
Yard Groundcover. Any part of the site which is not used for buildings,
other structures, loading or parking spaces and aisles, sidewalks
and designated storage areas shall be planted with an all-season groundcover
approved by the Board of Supervisors. In addition, gravel can be substituted
if done in a manner to compliment other vegetative materials. It shall
be maintained to provide an attractive appearance and all nonsurviving
plants shall be replaced promptly.
B.
Landscaping Requirements.
(1)
Any required landscaping shall include a combination of the
following elements: deciduous trees, groundcovers, evergreens, shrubs,
vines, flowers, rocks, gravel, earth mounds, berms, walls, fences,
screens, sculptures, fountains, sidewalk furniture or other approved
materials. Artificial plants, trees and shrubs may not be used to
satisfy any requirement for landscaping or screening. No less than
80% of the required landscape area shall be vegetative in composition,
and no outdoor storage shall be permitted within required landscape
areas.
(2)
For each 750 square feet of required area for landscape strips,
one shade/ornamental tree shall be provided. For every 300 square
feet of interior landscaping required (parking lots), one shade tree
shall be provided. If deciduous, these trees shall have a clear trunk
at least five feet above finished grade; if evergreen, these trees
shall have a minimum height of six feet. All required landscape strips
shall have landscaping materials distributed along the entire length
of the lot line abutting the yard.
C.
Screening. The following materials may be used: evergreens (trees,
hedges or shrubs), walls, fences, earth berms or other approved similar
materials. Any wall or fence shall not be constructed of corrugated
metal, corrugated fiberglass or sheet metal. Screening shall be arranged
so as to block the ground level views between grade, and a height
of six feet. Landscape screens must achieve this visual blockage within
two years of installation.
D.
Selection of Plant Material. Trees and shrubs shall be typical of
their species and variety; have normal growth habits, well developed
branches, densely foliated, vigorous, fibrous root systems. They shall
have been grown under climatic conditions similar to those in the
locality of the project or properly acclimated to conditions of the
locality of the project. Any tree or shrub which dies shall be replaced.
All landscaping and screening treatments shall be properly maintained.
9.
Access and Traffic Controls. Common curb cuts may be required. All
means of ingress and egress shall be located at least 200 feet from
any street intersection. The developer shall be responsible for the
purchase and erection of any required traffic control devices.
10.
Sewage Disposal. All buildings erected within this district shall
be served by public sewers. If public sewers are not available, then
an on-lot sanitary sewage disposal system shall be provided in accordance
with the rules and regulations as promulgated by the Pennsylvania
Department of Environmental Protection (PA DEP).
11.
Storage of Trash or Rubbish. Storage areas for trash and rubbish
shall be completely screened on three sides. All organic rubbish shall
be contained in vermin-proof containers and no such storage area shall
to located within any required front or side yard.
12.
Lighting and Noise. Lighting shall be designated and arranged so
as not to reflect toward public streets or surrounding properties.
Noise shall be controlled so as not to be a public nuisance.
13.
Use and Maintenance of Yards. All required yard areas not required
for screening or parking and loading areas shall be kept open and
maintained either planted in grass, suitable landscaping and/or trees.
[Ord. 100, 10/12/1993, § 406; as amended by Ord.
105, 12/13/1994; by Ord. 122, 9/8/1998, § 3; by Ord. 133,
4/10/2001, § 7; and by Ord. 172, 4/14/2009]
1.
Permitted Uses.
A.
Wholesale commercial, business offices, professional offices, government
offices and general industrial uses which shall be carried on in a
completely enclosed building, automobile body shops.
B.
All uses permitted in § 403, Village Center District, § 404,
Heavy Commercial (C-1), and § 405, Light Commercial (C-2).
C.
Self-service storage facility.
D.
Communications antennas, buildings or other structures, and communications
equipment buildings.
E.
Forestry.
2.
Permitted Accessory Uses (located on the same lot with the permitted
principal use).
7.
Junkyard.
A.
Minimum lot size: 20 acres.
B.
Minimum setback lines: 100 feet on all sides with the understanding
that no buildings or other merchandise of business be located in this
one-hundred-foot area. Further, that the property 100 feet back on
all sides be surrounded by a chain-link fence eight feet high and
that botanical screening in two rows, one 10 feet and the other 20
feet from the chain-link fence, in an alternating pattern, be provided
to screen the fence from view. It is also a requirement that the one-hundred-foot
area be landscaped according to the provisions of this Chapter and
that such landscaping meet the approval of the Planning Commission.
Auto yards cannot store vehicles in areas where there are grades of
more than 10% and cannot be located where a stream or other waterway
would be located on the property. None of the minimum lot sides can
be in a floodplain area. All required permits from governing agencies
outside the local jurisdiction must be obtained before filing application.
See § 804(B).
8.
Disposal Sites.
A.
Minimum lot size 300 acres.
B.
Minimum setback lines: 300 feet on all sides with the understanding
that no building or merchandise of business be located in this three-hundred-foot
area. Further, that the property 300 feet back on all sides be surrounded
by a chain-link fence eight feet high and that botanical screening
can be provided to screen the fence from view. It is also a requirement
that the three-hundred-foot setback area be landscaped according to
the provisions of this Chapter and that this landscaping meet with
the approval of the Planning Commission. These sites cannot be located
within a floodplain. Sites cannot be located within 1,000 feet of
a stream or waterway. All applicable permits from governing bodies
outside of the local jurisdiction must be obtained before filing for
application.
[Ord. 100, 10/12/1993, § 407; as amended by Ord.
119, 4/14/1998; and by Ord. 169, 6/10/2008, § 1]
1.
Purpose. The purpose of these provisions is to prevent the loss of
property and life, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief, and the impairment of the tax base by:
A.
Regulations, uses, activities and development which, acting alone
or in combination with other existing or future uses, activities and
development, will cause unacceptable increases in flood heights, velocities
and frequencies.
B.
Restricting or prohibiting certain uses, activities and development
from locating within areas subject to flooding.
C.
Requiring all those uses, activities and developments that do occur
in flood-prone areas to be protected and/or floodproofed against flooding
and flood damage.
D.
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
2.
Intent. The intent of this Part 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.
3.
Applicability.
A.
It shall be unlawful for any person, partnership, business or corporation
to undertake or cause to be undertaken any construction or development
anywhere within the Township unless a building permit has been obtained
from the Code Enforcement Officer.
B.
A building permit shall not be required for minor repairs to existing
buildings or structures.
4.
Abrogation and Greater Restrictions. This Part of 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 these provisions,
the more restrictive shall apply.
5.
Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this Part of this Chapter shall be declared invalid for
any reason whatsoever, such decision shall not affect the remaining
parts of this Chapter, which shall remain in full force and effect,
and for this purpose the provisions of this Chapter are hereby declared
to be severable.
6.
Warning and Disclaimer of Liability.
A.
The degree of flood protection sought by the provisions of this Part
of this Chapter is considered reasonable for regulatory purposes and
is based on acceptable engineering methods of study. Larger floods
may occur. Flood heights may be increased by man-made or natural causes,
such as ice jams and bridge openings restricted by debris. This Part
of this Chapter does not imply that areas outside any identified floodplain
area, or that land uses permitted within such areas will be free from
flooding or flood damages.
B.
This Part of the chapter shall not create liability on the part of
the Township or any officer or employee thereof for any flood damages
that result from reliance on this Part of this Chapter or any administrative
decision lawfully made thereunder.
7.
Building Permits Required.
A.
Building permits shall be required before any construction or development
is undertaken within any area of the Township.
B.
Issuance of Building Permit.
(1)
The Code Enforcement Officer shall issue a building 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.
(2)
Prior to the issuance of and building permit, the Code Enforcement
Officer shall review the application or permit to determine if all
other necessary governmental 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 Dam Safety and
Encroachments Act (Act 1978-325, as amended); the United States Clean
Water Act, Section 404, 33 U.S.C. § 1334; and the Pennsylvania
Clean Streams Act (Act 1937-394, as amended), Department of Environmental
Protection and the Army Corps of Engineers. No permit shall be issued
until this determination has been made.
(3)
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 Township,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams and
Waterway Management.
(4)
In addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community Affairs, Bureau of Community Planning, shall
be notified by the Township prior to any alteration or relocation
of any watercourse.
8.
Application Procedures and Requirements.
A.
Application for such at building permit shall be made, in writing,
to the Code Enforcement Officer on forms supplied by Township (see
§ 702(A)); 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.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost.
(7)
A plan of the site showing the exact size and location of the
proposed construction as well as existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Code Enforcement Officer 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.
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
C.
Applicants shall file the following minimum information plus other
pertinent information as may be required by the Code Enforcement Officer
to make the above determination:
(1)
A completed building permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale and date.
(b)
Topographic contour lines, if available.
(c)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet.
(d)
The location of all existing and proposed buildings, structures
and other improvements, including the location of any existing or
proposed subdivision and land development.
(e)
The location of all existing streets, drives and other accessways.
(f)
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:
(a)
The proposed lowest floor elevation of any proposed building
based upon National Geodetic Vertical Datum of 1929.
(b)
The elevation of the one-hundred-year flood.
(c)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(4)
The following data and documentation:
(a)
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 one-hundred-year flood
elevations, pressures, velocities, impact and uplift forces associated
with the one-hundred-year flood. Such statement shall include a description
of the type and extent of floodproofing measures which have been incorporated
into the design of the structure and/or the development.
(b)
Detailed information
needed to determine compliance with § 407(29)(F), Storage,
and § 407(30), Development Which May Endanger Human Life,
including:
1)
The amount, location and purpose of any materials or substances
referred to in § 407(29)(F) and § 407(30) 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 § 407(30)(A) during a
one-hundred-year flood.
(c)
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.
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the Code Enforcement Officer to the County Conservation District for
review and comment prior to the issuance of a building permit. The
recommendations of the Conservation District shall be considered by
the Code Enforcement Officer for possible incorporation into the proposed
plan.
10.
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 shall be submitted by the Code
Enforcement Officer to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Township Engineer, etc.) for review and
comment.
11.
Changes. After the issuance of a building permit by the Code Enforcement
Officer, 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
Code Enforcement Officer. Requests for any such change shall be in
writing, and shall be submitted by the applicant to the Code Enforcement
Officer for consideration.
12.
Placards. In addition to the building permit, the Code Enforcement
Officer shall issue a placard which shall be displayed on the premises
during the time the construction is in progress. This placard shall
show the number of the building permit, the date of its issuance and
be signed by the Code Enforcement Officer.
13.
Construction Completion.
A.
Work on the proposed construction and/or development shall begin
within six months and shall be completed within 24 months after the
date of issuance of the building permit or the permit shall expire
unless a time extension is granted, in writing, by the Code Enforcement
Officer. Construction and/or development shall be considered to have
started with the preparation of land, land clearing, grading, filling,
excavation for basement, footings, piers or foundations, erection
of temporary forms, the installation of piling under proposed subsurface
footings, or the installation of sewer, gas and water pipes, or electrical
or other service lines from the street.
B.
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Code Enforcement Officer to approve such a request.
14.
Inspection and Revocation.
A.
During the construction period, the Code Enforcement Officer 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 Township laws and ordinances.
He shall make as many inspections during and upon completion of the
work as are necessary.
B.
In the discharge of his duties, the Code Enforcement Officer shall
have the authority to enter any building, structure, premises or development
in the identified floodplain area, upon presentation of proper credentials,
at any reasonable hour to enforce the provisions of this Part of this
Chapter.
C.
In the event the Code Enforcement Officer 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 Code Enforcement Officer shall revoke the building
permit and report such fact to the Township for whatever action it
considers necessary.
D.
A record of all such inspections and violations of this Part of this
Chapter shall be maintained.
15.
Fees. Applications for a building permit shall be accompanied by
a fee, payable to the Township; said fee being based upon the estimated
cost of the proposed construction as outlined in the fee schedule
for zoning/building permits adopted by resolution of the Township;
said fee schedule may be changed from time to time by resolution of
the Township.
16.
Enforcement.
A.
Notices. Whenever the Code Enforcement Officer or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
Part of this Chapter, or of any regulation adopted pursuant thereto,
the Code Enforcement Officer 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 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 action which, if taken, will
effect compliance with the provisions of this Part of the chapter.
17.
Appeals. Any person aggrieved by an action or decision of the Code
Enforcement Officer involving the administration of the provisions
of this Part of this Chapter shall follow the provisions of § 901
of this Chapter.
18.
Designation of Floodplain Areas.
A.
For purposes of this Chapter and Part, the identified floodplain
area shall be any areas of Ralpho Township subject to the one-hundred-year
flood, which is identified as Zone A (Area of Special Flood Hazard)
in the Flood Insurance Study (FIS) dated July 16, 2008, and the accompanying
maps or the revision thereof, as issued by the Federal Emergency Management
Agency. This includes all digital data developed as part of the Flood
Insurance Study.
B.
A map showing all areas considered to be subject to the one-hundred-year
flood is available for inspection at the Township Office. For the
purposes of this Part of this Chapter, the following nomenclature
is used in referring to the various kinds of floodplain areas:
(1)
FW (Floodway) — The areas identified as "Floodway" in
the FIS prepared by FEMA. The term shall also include floodway areas
which have been identified in other available studies or sources of
information for those floodplain areas where no floodway has been
identified in the Flood Insurance Study prepared by FEMA.
(2)
FF (Flood-Fringe Area) — The areas identified as "Floodway
Fringe" in the Flood Insurance Study prepared by FEMA.
(3)
FA (General Floodplain Area) — The areas identified as
"Approximate One-Hundred-Year Floodplain" in the Flood Insurance Study
prepared by FEMA.
C.
The FW (Floodway Area) is delineated for purposes of this Part using
the criteria that a certain area within the floodplain must be capable
of carrying the waters of the one-hundred-year flood without increasing
the water surface elevation of that flood more than one foot at any
point. The areas included in this area are specifically defined in
the Floodway Data Table contained in the above-referenced Flood Insurance
Study and shown on the accompanying Flood Boundary and Floodway Map.
D.
FF (Flood-Fringe Area) shall be that area of the one-hundred-year
floodplain not included in the Floodway. The basis for the outermost
boundary of this district shall be the one-hundred-year flood elevations
contained in the flood profiles of the above referenced Flood Insurance
Study and as shown on the accompanying Flood Boundary and Floodway
Map.
E.
The FA (General Floodplain Area) shall be that floodplain area for
which no detailed flood elevations or floodway information is provided.
Such areas are shown as Zone A on the maps accompanying the Flood
Insurance Study prepared by FEMA. For these areas, elevation and floodway
information from federal, state or other acceptable source shall be
used when available. When such other acceptable information is not
available, the applicant for the proposed use, development or activity
shall determine the one-hundred-year elevation in accordance with
hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic
analyses shall be undertaken only by professional engineers who shall
certify that the technical methods used correctly reflect currently
accepted technical concepts. Studies, analyses, computation, etc.,
shall be submitted in sufficient detail to allow a thorough technical
review by the Township.
F.
The FA (General Floodplain Area) shall be that floodplain area for
which no detailed flood elevations or floodway information is provided.
Such areas are shown as Zone A on the maps accompanying the Flood
Insurance Study prepared by FEMA. For these areas, elevation and floodway
information from other federal, state or other acceptable source shall
be used when available. When such other acceptable information is
not available, the applicant for the proposed use, development or
activity shall determine the one-hundred-year elevation in accordance
with hydrologic and hydraulic engineering techniques. The applicant
shall also delineate a floodway area and provide sufficient documentation
to demonstrate that his proposed activity, together with all other
existing and anticipated development, uses and activities, will not
increase the water surface elevation of the one-hundred-year flood
more than one foot at any point. The engineering principle of equal
reduction of conveyance, shall be used to make the determination of
increases in flood heights. Hydrologic and hydraulic analyses shall
be undertaken only by professional engineers, 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.
19.
Overlay Concept.
A.
The flood districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
B.
Where there happens to be any conflict between the provisions or
requirements of any of the floodplain districts and those of any underlying
district, the more restrictive provisions and/or those pertaining
to the floodplain districts shall apply.
C.
In the event any provision concerning a floodplain district is declared
inapplicable as a result of any legislative or administrative actions
or judicial discretion, the basic underlying district provisions shall
remain applicable.
20.
Zoning Map. The boundaries of the floodplain districts are established as part of the Official Zoning Map of Ralpho Township which is declared to be a part of this Chapter and which shall be kept on file at the Township offices.
21.
Changes in Floodplain Area Delineations.
A.
The areas considered to be floodplain may be revised or modified
by the Board where studies or information provided by a qualified
agency or person documents the need or possibility for such revision.
B.
No modification or revision of any floodplain area identified in
the Flood Insurance Study shall be made without prior approval from
the Federal Emergency Management Agency.
22.
Disputes. Should a dispute arise concerning the identification of
any floodplain area, an initial determination shall be made by the
Planning Commission and any party aggrieved by such decision may appeal
to the Board. The burden of proof shall be on the appellant.
23.
District Boundary Changes. The delineation of any of the floodplain
districts may be revised by the Board of Supervisors of Ralpho Township
where natural or man-made changes have occurred and or more detailed
studies conducted or undertaken by the U.S. Army Corps of Engineers,
Susquehanna River Basin Commission or other qualified agency or individual
documents the need for such change. However, prior to any such change,
approval must be obtained from the Federal Insurance Administration
(FIA).
24.
Interpretation of District Boundaries. Initial interpretations of
the boundaries of the floodplain districts shall be made by the Code
Enforcement Officer. Should a dispute arise concerning the boundaries
of any of the districts, the Zoning Hearing Board (Board) shall make
the necessary determination. The person questioning or contesting
the location of the district boundary shall be given a reasonable
opportunity to present his case to the Board and to submit his own
technical evidence if he so desires.
25.
District Provisions.
A.
All uses, activities and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this Chapter and with all other applicable codes and ordinances such as the Ralpho Township Subdivision and Land Development Ordinance [Chapter 22]. In addition, all such uses, activities and development shall be undertaken only in compliance with Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. § 1334.
B.
Under no circumstances shall any use, activity and/or development
adversely affect the capability of the channels or floodways of any
watercourse, drainage ditch or any other drainage facility or system.
C.
Prior to any proposed alteration or relocation of any stream, watercourse,
etc., within the Township, a permit shall be obtained from the Department
of Environmental Protection, Dams and Encroachment Division. Further,
notification of the proposal shall be given by Ralpho Township to
all affected adjacent municipalities. Copies of such notification
shall be forwarded to both the Federal Insurance Administration and
the Department of Community Affairs.
26.
General Technical Requirements.
A.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse until all adjacent municipalities which way be
affected by such action have been notified by the Township, and until
all required permits or approvals have been first obtained from the
Department of Environmental Protection, Bureau of Dams and Waterway
Management. In addition, the Federal Emergency Management Agency and
Pennsylvania Department of Community Affairs, Bureau of Community
Planning, shall be notified prior to any alteration or relocation
of any watercourse.
B.
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 Part of this Chapter and any
other applicable codes, ordinance and regulations.
27.
Special Floodway and Stream Setback Requirements.
A.
Within any FW (Floodway Area), the following provisions apply:
(1)
Any new construction, development, use, activity or encroachment
that would cause any increase in flood heights shall be prohibited.
(2)
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection,
Bureau of Dams and Waterway Management.
B.
Within any FA (General Floodplain Area), the following provisions
apply:
(1)
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection,
Bureau of Dams and Waterway Management.
28.
Elevation and Floodproofing Requirements.
A.
Residential Structures. Within any FW, FF or FA, the lowest floor
(including basement) of any new or substantially improved residential
structure shall be at least one foot above the one-hundred-year flood
elevation.
B.
Nonresidential Structures.
(1)
Within any FW, FF or FA, the lowest floor (including basement)
of any new or substantially improved nonresidential structure shall
be at least one foot above the one-hundred-year flood elevation, or
be designed and constructed so that the space enclosed by such structure
shall remain either completely or essentially dry during any flood
up to that height.
(2)
Any structure, or part thereof, which will not be completely
or adequately elevated, shall be designed and constructed to be completely
or essentially dry in accordance with the standards contained in the
publication entitled "Flood Proofing Regulations" (U.S. Army Corps
of Engineers, June 1972), or some other equivalent standard, for that
type of construction.
29.
Design and Construction Standards. The following standards shall
apply for all construction and development proposed within any identified
floodplain area:
A.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building line from
all points.
(2)
Consist of inorganic (except topsoil) soil or small rock materials
only. Sanitary landfills shall not be permitted.
(3)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling.
(4)
Be no steeper than one vertical to two horizontal feet unless
substantiated data, justifying steeper slopes are submitted to, and
approved by the Code Enforcement Officer.
(5)
Be used to the extent to which it does not adversely affect
adjacent properties.
B.
Drainage. Storm drainage facilities shall be designed to convey the
flow of stormwater 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 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 floodwaters.
(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.
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 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 § 407(30), Development Which May
Endanger Human Life, shall be stored at or above the regulatory flood
elevation and/or floodproofed 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 floodwater.
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.
J.
Paints and Adhesives.
(1)
Paints or 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 quality.
(3)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a "marine" or water-resistant paint or other finishing
material.
L.
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other 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 floodwaters into the system and discharges
from the system into floodwaters. Additional provisions shall be made
for the drainage of these systems the event that floodwater infiltration
occurs.
30.
Development Which May Endanger Human Life.
A.
In accordance with the Pennsylvania Floodplain Management Act, and
the regulations adopted by the Department of Community Affairs as
required by the Act, any new or substantially improved structure which:
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Will be used for the production or storage of any of the following
dangerous materials or substances.
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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.
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Will involve the production, storage, or use of any amount of
radioactive substances.
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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:
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(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
B.
Within any FW (Floodway Area), any structure of the kind described in Subsection A, above, shall be prohibited.
C.
Within any FA (General Floodplain Area), any structure of the kind described in Subsection A, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
D.
Where permitted within any FF (Flood-Fringe Area) or FA (General Floodplain Area), any structure of the kind described in Subsection A, above, shall be:
(1)
Elevated or designed and constructed to remain completely dry
up to at least one foot above the one-hundred-year flood.
(2)
Designed to prevent pollution from the structure or activity
during the course of a one-hundred-year flood.
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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), or with some other equivalent watertight standard.
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31.
Special Requirements for Manufactured Homes.
A.
Within any FW (Floodway Area), manufactured homes shall be prohibited.
B.
Within any FA (General Floodplain Area), manufactured homes shall
be prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
C.
Where permitted within any identified floodplain area, all manufactured
homes, and any additions thereto, shall be:
32.
Activities Requiring Special Permits.
A.
In accordance with the administrative regulations promulgated by
the Department of Community Affairs to implement the Pennsylvania
Floodplain Management Act, the following activities shall be prohibited
within any identified floodplain area unless a special permit has
been issued by the Township. 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:
B.
The commencement of, or any construction of, a new mobile park or
mobile home subdivision, or substantial improvement to an existing
mobile home park or mobile home subdivision.
C.
Application Requirements for Special Permits. Applicants for special
permits shall provide five copies of the following items:
(1)
A written request including a completed building permit application
form.
(2)
A small-scale map showing the vicinity in which the proposed
site is located.
(3)
A plan of the entire site, clearly and legible drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale and date.
(b)
Topography based upon the National Geodetic Vertical Datum 1929,
showing existing and proposed contours at intervals of two feet.
(c)
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet.
(d)
The location of all existing streets, drives, other accessways
and parking areas, with information concerning widths, pavement types
and construction, and elevations.
(e)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and other natural and man-made features
affecting, or affected by, the proposed activity or development.
(f)
The location of the floodplain boundary line, information and
spot elevations concerning the one-hundred-year flood elevations,
and information concerning the flow of water including direction and
velocities.
(g)
The location of all proposed buildings, structures, utilities
and any other improvements.
(h)
Any other information which the Township 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 one-hundred-year
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 drainings for all proposed streets, drives and vehicular
accessways including existing and proposed grades.
(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, architect
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the one-hundred-year flood.
(3)
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 one-hundred-year flood, including a statement concerning the effects
such pollution may have on human life.
(4)
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 one-hundred-year
flood elevations and flows.
(5)
A statement, certified by a registered professional engineer,
architect or landscape architect, which contains 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 one-hundred-year flood elevation and the effects such materials
and debris may have on one-hundred-year flood elevations and flows.
(6)
The appropriate component of the Department of Environmental
Protection Planning Module for Land Development.
(7)
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.
(8)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under § 302 of Act 1978-166.
(9)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
one-hundred-year flood.
F.
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:
(1)
Within three working days following receipt of the application,
a complete copy of the application and all accompanying documentation
shall be forwarded to the 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.
(2)
If an application is received that is incomplete, the Township
shall notify the applicant in writing, stating in what respect application
is deficient.
(3)
If the Township decides to disapprove an application, it shall
notify the applicant, in writing, of the reasons for the disapproval.
(4)
If the Township approves an application, it shall file written
notification, together with the application and all pertinent information,
with the Department of Community Affairs, by registered or certified
mail, within five working days after the date of approval.
(5)
Before issuing the special permit, the Township shall allow
the Department of Community Affairs 30 days, after receipt of the
notification by the Department, to review the application and decision
made by the Township.
(6)
If the Township does not receive any communication from the
Department of Community Affairs during the thirty-day review period,
it may issue a special permit to the applicant.
(7)
If the Department of Community Affairs 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.
G.
Special Technical Requirements.
(1)
In addition to the requirements of this Part, the 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 this Part or in any other code, ordinance or regulation,
the more restrictive provision shall apply.
(2)
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:
(a)
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:
1)
The structure will survive inundation by waters of the one-hundred-year
flood without any lateral movement or to damage either the structure
itself, or to any of its equipment or contents below the one-hundred-year
flood elevation.
2)
The lowest floor elevation will be at least one foot above the
one-hundred-year elevation.
3)
The occupants of the structure can remain inside for period
of time and be safely evacuated at any one-hundred-year flood.
(b)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
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All hydrologic and hydraulic analyses will be undertaken only
by professional engineers, 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 Affairs.
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H.
Existing Structures in Identified Floodplain Areas. Structures existing
in any identified floodplain area prior to the enactment of this Chapter
may continue subject to the following provisions:
(1)
No expansion or enlargement of an existing structure shall be
allowed within any identified floodway that would cause any increase
in flood heights.
(2)
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this Part of this Chapter.
(3)
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
33.
Variances.
A.
General. If compliance with any of the requirements of this Part
of this Chapter would result in an exceptional hardship to a prospective
builder, developer or landowner, the Board may, upon request, grant
relief from the strict application of the requirements.
B.
Variance Procedures and Conditions. Requests for variances shall
be considered by the Board, in accordance with the procedures contained
in § 801 of this Chapter and the following:
(1)
No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
(2)
Except for a possible modification of the one-foot freeboard requirements, 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" (§ 406(30)).
(3)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(4)
In granting any variance, the Board 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.
(6)
In reviewing any request for a variance, the Board shall consider,
but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
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 expense, (ii) nor create
nuisances, cause fraud on or victimize the public, or conflict with
any other applicable state statute or local ordinance and regulation.
(7)
A complete record of all variance requests and related actions
shall be maintained by the Board. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Emergency Management Agency. Notwithstanding any of the
above, however, all structures shall be designed and constructed so
as to have the capability of resisting the one-hundred-year flood.
34.
Floodway District
(FW). In the Floodway District no development shall be permitted except
where any rise in flood heights caused by the proposed development
will be fully offset by accompanying improvements which have been
approved by all appropriate local and state or federal authorities
as required above.
(1)
Permitted Uses. In the Floodway District, the following uses
and activities are permitted provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance and provided that they do not require structure,
fill or storage of materials and equipment:
(a)
Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming and wild crop harvesting.
(b)
Public and private recreational uses and activities such as
parks, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking and horseback riding trails, wildlife and nature
preserves, game farms, fish hatcheries, trap and skeet game ranges,
hunting and fishing areas.
(c)
Accessory residential uses such as yard areas, gardens, play
areas and pervious parking areas.
(d)
Accessory industrial and commercial uses such as yard areas,
pervious parking and loading areas, airport landing strips, etc.
(2)
Uses Permitted by Special Exception. The following uses and
activities may be permitted by special exception provided that they
are in compliance with the provisions of the underlying district and
are not prohibited by this Chapter:
(a)
Structures, except for mobile homes, accessory to the uses and
activities in subsection (1) above.
(b)
Utilities and public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants and other similar or related uses.
(c)
Water-related uses and activities such as marinas, docks, wharves,
piers, etc.
(d)
Extraction of sand, gravel and other materials.
(e)
Temporary uses such as circuses, carnivals and similar activities.
(f)
Storage of materials and equipment provided that they are not
flammable or explosive, and are not subject to major damage by flooding,
or provided that such material and equipment is firmly anchored to
prevent flotation or movement, and/or can be readily removed from
the area within the time available after flood warning.
(g)
Other similar uses and activities provided they cause no increase
in flood heights and/or velocities. All uses, activities and structural
developments, shall be undertaken in strict compliance with the floodproofing
provisions contained in all other applicable codes and ordinances.
35.
Flood-Fringe District (FF). In the Flood Fringe District, the development
and/or use of land shall be permitted in accordance with the regulations
of the underlying district provided that all such uses, activities
and/or development shall be undertaken in strict compliance with the
floodproofing and related provisions contained in this and all other
applicable codes and ordinances.
36.
General Floodplain District (FA). In the General Floodplain Conversation
District the development and/or use of land shall be permitted in
accordance with the regulations of the underlying district provided
that all such uses, activities and/or development shall be undertaken
in strict compliance with the floodproofing and related provisions
contained in this and all other applicable codes and ordinances.
37.
General Floodplain District (FA).
A.
In the General Floodplain District no development, use or actively
(including fill, grading and/or substantial improvements to structure,
etc.) shall be permitted unless the applicant for the proposed development,
use or activity has demonstrated that the proposed undertaking, when
combined with all other existing and anticipated development, uses
and activities, will not increase the water surface elevation of the
one-hundred-year flood more than one foot at any point. The engineering
principle, equal reduction of conveyance, shall be used to make the
determination of increases in flood heights.
B.
In the floodway portion of the district no development shall be permitted
except where the effect of such development on flood heights is fully
offset by accompanying improvements. Only those uses and/or activities
provided for in the Floodway District (FW) shall be permitted in the
floodway portion of this district.
C.
All uses, activities and/or development shall be undertaken in strict
compliance with the floodproofing and related provisions contained
in this and all other applicable codes and ordinances.
[Added by Ord. 172, 4/14/2009]
A wind turbine installed and operated primarily for private
residential or farm use shall be required to comply with the specific
regulations set forth below:
A.
A wind turbine shall be positioned in such a manner that it will
not collapse onto adjacent property or create a safety hazard to others.
B.
A wind turbine shall be a nonobtrusive color such as white, off-white
or gray.
C.
A wind turbine shall not be artificially lighted unless so required
by other applicable regulations and shall not display advertising,
except for reasonable identification of the turbine manufacturer.
D.
A wind turbine shall not be climbable up to 15 feet above grade level.
E.
A wind turbine shall have a maximum height of 60 feet above grade
level.
F.
The owner of any property on which a wind turbine is located shall
be required to completely remove any wind turbine which has not been
used to generate electricity for a continuous period of 12 months.
G.
A wind turbine shall be installed according to manufacturer specifications.
H.
The owner of the wind turbine shall be required to maintain general
liability insurance covering bodily injury and property damage with
coverage limits of not less than $250,000 per occurrence and $250,000
in the aggregate. Certificates evidencing such coverage shall be delivered
to the Township upon request.
[Added by Ord. 172, 4/14/2009]
A wind energy facility installed and operated primarily for
the purpose of commercial electrical power generation shall be required
to comply with the specific regulations set forth below:
A.
Application Requirements.
(1)
The application shall be accompanied by a narrative describing
the proposed wind energy facility, including an overview of the project;
the project location; the approximate generating capacity of the facility;
the approximate number, representative types and height or range of
heights of the wind turbines to be constructed, including their generating
capacity and dimensions; and a description of all ancillary facilities.
(2)
The application shall be accompanied by a site plan showing
the boundary lines of the parcel; zoning setback lines; access road
and turnout locations; location of each proposed wind turbine; substation(s);
electrical cabling from the wind energy facility to the substation(s);
ancillary equipment; buildings and other structures, including meteorological
towers; and transmission lines.
(3)
Wind energy facilities shall comply with all applicable Federal
Aviation Administration, Commonwealth Bureau of Aviation and applicable
Ralpho Township ordinances.
B.
Design and Installation.
(1)
Uniform Construction Code. To the extent applicable, the wind
energy facility shall comply with the Pennsylvania Uniform Construction
Code, Act 45 of 1999, as amended, and the regulations of the Pennsylvania
Department of Labor and Industry.
(2)
Design Safety Certification. The design of the wind energy facility
shall conform to applicable industry standards, including those of
the American National Standards Institute. The applicant shall submit
certificates of design compliance obtained by the equipment manufacturers
from Underwriters' Laboratories, Det Norske Veritas, Germanischer
Lloyd Wind Energies, or other similar certifying organizations.
(3)
Control and Brakes. All wind energy facilities shall be equipped
with a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for overspeed protection.
(4)
Electrical Components. All electrical components of the wind
energy facility shall conform to relevant and applicable local, state
and national codes and relevant and applicable international standards.
(5)
Visual Appearance. Wind turbines shall be a nonobtrusive color,
such as white, off-white or gray, and shall not display advertising
except for reasonable identification of the turbine manufacturer and
owner/operator of the wind energy facility. Wind energy facilities
shall not be artificially lighted, except to the extent required by
the Federal Aviation Administration or other applicable authority
that regulates air safety. On-site transmission and power lines between
wind turbines shall, to the maximum extent practicable, be placed
underground.
(6)
Warnings. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
Visible reflective markers, such as flags, reflectors or tape, shall
be placed on the anchor points of guy wires and along the guy lines
up to a height of 10 feet from the ground.
(7)
Security. Wind turbines shall not be climbable up to 15 feet
above grade level. All access doors to wind turbines and electrical
equipment shall be locked or fenced, as appropriate, to prevent entry
by unauthorized persons.
(8)
Setbacks. Wind turbines shall be set back from any occupied
building on the wind energy facility site, any property line, or any
public road a distance of not less than 1.1 times the distance from
the surface of the tower foundation to the highest point of the turbine
rotor plane (turbine height). The setback distance shall be measured
from the nearest point of the tower foundation to the nearest point
of the occupied building, property line or public road. Wind turbines
shall be set back from any occupied building on any property adjoining
the wind turbine facility site a distance of not less than five times
the distance from the surface of the tower foundation to the height
of the wind turbine hub to which the blade is attached (hub height).
The setback distance shall be measured from the nearest point of the
tower foundation to the nearest point of the occupied building.
(9)
Noise and Shadow Flicker.
(a)
Audible sound from a wind energy facility shall not exceed 55
dBA, as measured at the exterior of any occupied building on any property
adjoining the wind energy facility site. Methods for measuring and
reporting acoustic emissions from wind turbines and the wind energy
facility shall be equal to or exceed the minimum standards for precision
described in the AWEA Standard 2.1-1989, titled "Procedures for the
Measurement and Reporting of Acoustic Emissions from Wind Turbine
Generation Systems Volume I: First Tier."
(b)
The owner/operator of the wind energy facility shall make reasonable
efforts to minimize shadow flicker to any occupied building on any
property in the vicinity of the wind energy facility site.
(10)
Signal Interference. The owner/operator of the wind energy facility
shall make reasonable efforts to avoid any disruption or loss of radio,
telephone, television or similar signals to any property in the vicinity
of the wind energy facility and shall mitigate all harm to such signals
caused by the wind energy facility.
(11)
The owner/operator of the wind energy facility shall be required
to maintain general liability insurance covering bodily injury and
property damage with coverage limits of not less than $1,000,000 per
occurrence and $1,000,000 in the aggregate. Certificates evidencing
such coverage shall be delivered to the Township upon request.
(12)
Decommissioning.
(a)
The owner/operator of the wind energy facility shall, at its
expense, complete decommissioning of the wind energy facility, or
any individual wind turbine, within 12 months after the end of the
useful life of the facility or any individual turbine. The facility
or individual turbine shall be presumed to be at the end of its useful
life if no electricity is generated thereby for a continuous period
of 12 months.
(b)
The applicant shall submit with its application an estimate
prepared by a professional engineer as to the total cost of decommissioning
the proposed wind energy facility without regard to salvage value
of the equipment. Decommissioning shall include removal of wind turbines,
buildings, cabling, electrical components, road, foundations to a
depth of 36 inches, and any other associated facilities, followed
by grading and seeding of all disturbed earth. The owner/operator
of the wind energy facility shall be required to submit similar estimates
to the Township at five-year intervals from the date of issuance of
the zoning permit for the facility.
(c)
Prior to issuance of the zoning permit for the facility, the
owner/operator of the wind energy facility shall deliver to the Township
decommissioning funds, equal to the amount of the estimated cost of
decommissioning, the form of a performance bond payable to the Township
or its assigns issued by a registered insurance or bonding company
authorized to do business within the commonwealth. Such bond shall
be maintained by the owner/operator of the wind energy facility and
shall be replaced, if necessary, at five-year intervals in order to
assure that the amount thereof remains equal to the most recent estimate
of the cost of decommissioning.
(d)
If the owner/operator of the wind energy facility fails to complete
decommissioning of the facility site within the twelve-month period
described above, the owner/operator shall be deemed to have consented
to the entry upon the premises by the Township or its assigns for
the purpose of completing the decommissioning of the facility site,
and the Township or its assigns may take such measures as necessary
to complete decommissioning of the site. In the event, the Township
or its assigns shall be entitled to recover the costs incurred as
a result of the decommissioning of the site from the surety of the
aforementioned performance bond and, if necessary, through the sale
of any salvageable materials from the site.
