[Ord. 75-1, 1/6/1975; as amended by Ord. No. 04.10.2018.01,
4/10/2018]
1.
Irrespective of permitted and not permitted uses listed in any district
enumerated herein, agricultural programs shall be permitted and encouraged
as an interim use, provided the property has no principal use established,
until such time as the property owner sells or otherwise transfers
his property interests to persons, agents, corporations, or others
interested in developing a use in conformance with district regulations
as set forth herein. All agricultural uses initiated after the effective
date of this chapter shall be subject to the following safeguards
and regulations:
A.
Storage of manure, or odor or dust-producing substance shall not
be permitted within 150 feet of a lot line.
B.
Greenhouse heating plant, coal fired, shall not be operated within
100 feet of any nonfarm district or nonfarm residence. When natural
gas or fuel oil are used, the distance may be reduced to 50 feet.
C.
Buildings in which animals and poultry are to be housed (temporarily
or permanently) shall not hereafter be erected within 150 feet of
a lot line.
D.
The selling of products raised, bred or grown on the premises shall
be permitted.
[Ord. 75-1, 1/6/1975; as amended by Ord. 8.5.2008, 8/5/2008;
and by Ord. No. 04.10.2018.01, 4/10/2018]
1.
Seasonal dwelling and camping areas shall be construed to mean permanent
structures for seasonal use. Such uses may include, shelter during
hunting and fishing seasons; vacation uses to include weekends and
holidays; and similar periodic visits at any time of the year.
2.
The seasonal dwelling or camping area installation shall be subject
to the following regulations:
A.
Minimum Lot Area. Subject to lot area requirements of the district
in which the seasonal dwelling or camping area is located.
B.
Sanitary facilities (water supply and toilet installation) shall
be subject to all rules and regulations of the Pennsylvania Department
of Environmental Protection applicable thereto.
C.
Electrical service shall be subject to any local ordinances, and
the regulations of the Public Utility Commission.
D.
A camp cannot be converted to a permanent dwelling unit unless it conforms to acceptable building, housing, electrical and plumbing codes. It must also meet all regulations set forth in § 27-616 hereof and applicable district regulations.
E.
A camp shall not hereafter be erected within 1,000 feet of a residence.
F.
A camp structure shall be set back at least 100 feet from a public
right-of-way.
G.
A bus or truck or similar vehicle shall not be permitted as a permanent
camp structure. They may be used for temporary purposes for a period
of time not to exceed 90 days.
3.
Lodges, vacation homes and similar structures, erected after the
effective date of this chapter, must conform to all building regulations,
existing or hereafter enacted, that apply to residential structures
within the Township. These structures could be converted to year-round
dwelling purposes.
[Ord. 75-1, 1/6/1975; as amended by Ord. 76-1, 7/19/1976]
1.
The application for a permit for any and all uses shall be accompanied
by a site plan showing building location, service and parking areas
and access to highways. Where a driveway or access road gives access
to a state road or highway, approval by the Pennsylvania Department
of Transportation shall be required.
2.
Whenever required and/or provided under the provisions of this chapter,
all access drives to or from public rights-of-way shall be designed
according to the following standards:
A.
Except in the case of single-family and two-family dwellings when
served by a minor residential street:
(1)
The general layout shall be such that there will be no need
for motorists to back over public rights-of-way.
(2)
Access drives shall not exceed 35 feet in width within 12 feet
of the street right-of-way line, excepting as increased by the curb
radii.
[Amended by Ord. No. 05.12.2020.01, 5/12/2020]
(3)
The number of access drives shall not exceed two per lot on
any one street frontage. The Zoning Hearing Board may grant permission
for additional access drives where required to meet exceptional circumstances
and where frontage of unusual length exists.
(4)
Access drives shall not cross the street right-of-way line:
(a)
Within 40 feet of the right-of-way line of an intersecting street
and in no case less than 10 feet from the point of tangency when the
intersecting street lines are joined by a curve; notwithstanding the
above and when deemed reasonably necessary for safety by the Zoning
Hearing Board, this dimension shall be increased for access drives
to shopping centers, other commercial, industrial, public or institutional
uses. Such access drives shall be located on major streets where practical,
in a manner to permit safe ingress and egress.
(b)
Within 15 feet of a fire hydrant, catch basin or drain inlet.
(c)
Within 40 feet of an access drive.
(d)
Within three feet of a property line unless two adjoining owners
mutually agree in writing to a common access drive.
(5)
Access to the public highway or street shall be controlled in
the interest of public safety. The off-street parking, loading, and
service areas on all properties used for any purpose other than single-family
residences, required by this chapter shall be physically separated
from the highway or street by a pipe rail or fence at least three
feet high and/or a planting strip.
(6)
General Safety Requirement - Sight Distance. Driveways shall
be located in safe relationship to vision, and shall not exceed a
slope of 10% within 12 feet of the street line. Where drives enter
a bank through a cut, unless a retaining wall is used, the side slopes
of the cut shall be graded to not more than 1/2 foot vertical to one
foot horizontal within 10 feet of the point the drive intersects with
the right-of-way line.
(7)
Submission of Plans. A scaled drawing of proposed off-street
parking and loading areas, access drives, and walks shall be submitted
as part of the required plot plan. Any plan requiring access onto
a state highway shall be approved by the Pennsylvania Department of
Transportation; and access to local roads shall be subject to the
Zoning Officer's approval. The Zoning Officer may make a preconstruction
inspection of the site and shall advise the applicant as to the property
of the proposed construction; if the proposed construction meets the
requirements of the laws and ordinances pertaining thereto, shall
issue a temporary permit which shall allow construction to be commenced
in accordance with the submitted plans; upon completion of the construction
work the applicant shall notify the Zoning Officer who may then make
a final inspection, and, if the construction was performed in accordance
with the temporary permit, he shall issue a final permit approving
the construction, provided that in the course of construction the
applicant may request additional inspections to amend the temporary
permit.
[Ord. 75-1, 1/6/1975]
1.
Where a court is provided for the purpose of furnishing adequate
light and air, or where a court is otherwise provided, such court
shall conform to the following requirements:
A.
An open space in the form of an inner court or outer court shall
be provided in connection with any building in any residential or
business district, wherever any room therein, in which a person or
persons live, work, sleep, or congregate, cannot be adequately lighted
and ventilated from the street or yard. Such court shall be adjacent
to such room, the windows of which shall open in such court. Court
dimensions shall meet the minimum established or required by the Board
of Health and/or the Department of Labor and Industry.
B.
Any building that will include approved air-conditioning and artificial
lighting may be erected irrespective of the provision of courts as
above.
[Ord. 75-1, 1/6/1975; as amended by Ord. 8.5.2008, 8/5/2008]
1.
All erosion and sedimentation controls set forth in the existing or hereafter enacted Subdivision and Land Development Ordinance [Chapter 22] and the following regulations shall apply to structures hereafter erected adjacent, or near, to streams and drainage channels. Should a conflict in regulations arise the Planning Commission shall determine which one shall apply.
A.
In all districts, no permanent structure shall be permitted within
15 feet of the edge of any stream or existing natural drainage channel
or such additional space as may be required by the Zoning Hearing
Board because of existing conditions.
B.
If normal agricultural operations require a fence to cross a stream
or drainage channel, such fence shall be permitted only if it does
not restrict the natural flow of water.
C.
All structures and lots must be adequately drained at all times.
D.
Fill materials may be placed along the outer lines of any stream
or drainageway when approved as a special exception and authorized
by the Zoning Hearing Board and when so approved shall be subject
to the following conditions:
(1)
Factual evidence shall be submitted to the Zoning Hearing Board
indicating that the cross section area of the stream drainageway will
not be reduced and will be sufficient to contain anticipated run-off
based on past frequency records.
(2)
Evidence shall be submitted indicating the approval and permission
for the proposed fill from the Pennsylvania Department of Environmental
Protection.
(3)
All other regulations of the Commonwealth of Pennsylvania governing
all activities within and adjacent to stream bed areas shall be in
full force and effect.
[Ord. 75-1, 1/6/1975]
1.
The minimum habitable floor area of a single-family detached dwelling
hereafter erected shall be 600 square feet and shall include only
the living room, dining room, kitchen, one bedroom, and bathroom.
Closets, bedrooms in excess of one, utility rooms, basements, attics,
hallways, stairways and unheated areas shall be floor area in excess
of the 600 square feet required.
2.
In the case of apartment houses, the minimum habitable floor area
shall be not less than 400 square feet per apartment; except those
apartments designed for, and occupied exclusively by, one or two persons
(efficiency apartment) shall contain not less than 250 square feet
of habitable floor area; provided that these figures do not include
hallways, stairways, closets, utility rooms, basements and unheated
areas.
[Ord. 75-1, 1/6/1975]
1.
No repair work requiring motor overhaul, (other than spark plug replacement,
minor carburetor adjustments, and similar minor adjustments), transmission
repair, differential repair, brake bands and shoes and similar services,
is performed out-of-doors.
2.
Pumps, lubricating, or other fuel dispensing devices are located
at least 15 feet from any street line or highway right-of-way.
3.
All fuel, oil, or similar substances are stored at least 25 feet
distant from any street or lot line.
4.
All new or used automobile parts, dismantled vehicles and similar
articles are stored within a building.
5.
Buffer yards shall be required when the property abuts a residential
district and areas provided in addition to other yard requirements.
A.
Buffer yard width: 15 feet.
(1)
Planted with vegetative material including shrubs and evergreens,
branched to the ground and capable of a growth to six feet in height;
and, further provided, that a sufficient number shall be planted to
provide a visual screen to neighboring residential properties.
[Ord. 75-1, 1/6/1975; as amended by Ord. 11.2.04, 11/2/2004,
§ 4]
[Ord. 75-1, 1/6/1975]
1.
In addition to the off-street parking space required herein, any
building erected, converted or enlarged in any district for commercial,
office building, manufacturing, wholesale, hospital or similar uses,
shall provide adequate off-street areas for loading and unloading
of vehicles. The minimum size loading space shall be 50 feet in depth,
12 feet in width, with an overhead clearance of 14 feet, and shall
be provided according to the following schedule:
|
Use
|
Gross Floor or Space Area - Square Feet
|
Minimum Number of Spaces
| |
|---|---|---|---|
|
Stores, manufacturing, wholesale, commercial hospitals, laundry,
mortuary, dry cleaning, and similar uses
|
Under 8,000
|
1
| |
|
8,000 to 40,000
|
2
| ||
|
40,000 to 250,000
|
3
| ||
|
Each additional 200,000
|
1
| ||
|
Office buildings, hotels
|
Under 100,000
|
1
| |
|
100,000 to 300,000
|
2
| ||
|
Over 300,000
|
3
|
A.
In no case where a building is erected, converted or enlarged for
commercial, manufacturing, or business purposes shall the public rights-of-way
be used for loading or unloading of materials.
[Ord. 75-1, 1/6/1975; as amended by Ord. 82-4, 4/6/1982]
1.
Except as otherwise specifically provided in this section, the minimum
lot area per family shall not be less than 20,000 square feet. In
all cases, the lot area shall be of sufficient size to provide for
the installation of approved septic, sewer and sanitary facilities
that may be required by the applicable laws and regulations, and to
provide for appropriate water supply to the premises as may be determined
by the applicable laws and regulations and to assure that the proposed
water supply and sanitation systems and the ability of these systems
to prevent disease, contamination and unsanitary conditions.
2.
No lot area shall be so reduced that the area of the lot or the dimensions
of the open spaces shall be smaller than herein prescribed.
A.
Lot of Record. In the case of a lot held in single and separate ownership
at the effective date of this chapter which does not fulfill the requirements
for the minimum area for the district in which it is located, a building
may be erected or altered thereon.
B.
In the case of a lot held in single and separate ownership at the
effective date of this chapter which because of unusual conditions
of depth or width has difficulty in providing the required open spaces
of the district in which it is located, the required open spaces may
be decreased.
3.
Lot width and setbacks by reason of odd shaped lots caused by curves
in roads or culs-de-sac, may be adjusted by the Zoning Officer in
order to eliminate unnecessary hardships inadvertently created.
[Ord. 75-1, 1/6/1975]
1.
Lot Access. No dwelling shall hereafter be erected or altered unless
there is direct access to it through an open space on the same lot.
Such open space shall be at least 20 feet wide and shall extend to
a public street or highway, or to a private street or highway having
a cartway so constructed and maintained that vehicles of all kinds
may readily pass over it at all seasons of the year. For the purpose
of this section, an alley shall not constitute a public street or
highway.
2.
Corner Lots. In the case of a corner lot, the front yard on the long
dimension may be reduced by an amount not to exceed 30% of the required
front yard depth for the district in which the lot lies. The remaining
two yards shall constitute a side yard and a rear yard.
[Ord. 75-1, 1/6/1975; as amended by Ord. 82-5, 7/6/1982;
by Ord. 3.2.04, 3/2/2004, § 3D; and by Ord. 8.5.2008, 8/5/2008]
1.
Mobile/manufactured homes shall not include, nor should they be confused
with, sectional and/or prefabricated homes hauled on trucks or other
vehicles.
A.
Temporary Quarters. Mobile units providing temporary quarters either
residential or commercial, shall not be permitted in any district
except in an approved recreation vehicle park, or when authorized
by the Township Supervisors as a conditional use and for a limited
period of time, and when so authorized, shall be subject to the approval
of the Department of Environmental Protection and the following:
(1)
A temporary permit shall be required, and said permit, if issued,
shall indicate the period of time for which the exception was granted;
and further that no temporary permit shall be issued for any period
exceeding one year.
(2)
Any person, firm or corporation holding a legal temporary permit
may apply for an extension of time, not to exceed 90 days. Such application
shall set forth the reason or reasons necessitating the extension.
(3)
The Township Supervisors shall grant an extension of the temporary
permit time limit, if in their opinion the applicant encountered unforeseen
circumstances, deemed to be no fault of his own, in carrying out the
operations for which the original temporary permit was issued; or
if the permit covered residential use, the refusal of an extension
would result in an undue hardship to the applicant.
2.
All mobile/manufactured homes, excepting those placed in lawful existing
mobile/manufactured home parks, used as independent units or located
in a district as a permanent mobile/manufactured home shall conform
to the following provisions:
A.
Location and Placement on Site. A mobile/manufactured home shall
be placed upon a lot only as allowed under the applicable use regulations
of this chapter and if the requirements of this section are adhered
to.
B.
Every lot to be used for the placement of an individual mobile/manufactured
home shall have a gross area at least equal to the minimum lot size
of the district in which it is located. In addition, the unit must
be situated on the lot to meet the applicable minimum setback line
requirements.
C.
Every mobile/manufactured home shall be placed upon a foundation.
One of the following types of foundations must be utilized:
(1)
Permanent Foundation. A permanent foundation shall consist of
no less than footers or masonry construction set well below the frost
line. Such a foundation shall be constructed to leave no unnecessary
open space between the mobile/manufactured home and the foundation,
except for windows or other openings as might be necessary for purposes
such as floodproofing.
(2)
Stand or Pad. A pad or stand, properly graded, placed, and compacted
so as to be durable and adequate to support maximum anticipated loads
during all seasons may be utilized, particularly in situations where
a permanent foundation is not practical or a temporary foundation
is desirable. Where this type of foundation is used, masonry piers
must be utilized which piers shall extend below the frost line. Such
piers must be located in accordance with the manufacturer's recommendations.
If no such manufacturer's recommendations are provided, the piers
must be at least equivalent in size to that of eight-inch concrete
blocks and shall be spaced on either side of the mobile/manufactured
home under its supporting members, with interval spacing between the
piers of not more than 10 feet along the length of the mobile/manufactured
home. The overhang of the mobile/manufactured home at either end beyond
the pier shall not exceed 24 inches. In all instances, such piers
must be so installed as to bear the weight of the mobile/manufactured
home.
D.
Every mobile/manufactured home shall be firmly anchored to its foundation
prior to the unit being occupied or used in order to prevent overturning
or uplift. The mobile/manufactured home foundation shall be provided
with anchors and tie-downs, such as cast-in-place concrete "deadmen"
eyelets embedded in concrete or runways, screw augers or arrow head
anchors. The anchoring system shall be designed to resist a minimum
wind velocity of at least 90 miles per hour.
E.
Each mobile/manufactured home shall have a continuous wall around
its entire perimeter. The wall shall be constructed in accordance
with one of the following methods:
(1)
Permanent Wall. A permanent wall may be constructed of concrete
or masonry and shall extend from the unit floor system to concrete
footing below the subgrade frost line, i.e., the extension of a permanent
foundation.
(2)
Skirting. If a masonry wall is not used, each mobile/manufactured
home shall be encircled with skirting designed to compliment its appearance.
Skirting shall include materials which have been prefabricated for
this specific purpose or other impervious, moisture resistant materials,
and shall not include bales of hay, straw, interior plywood, unfinished
woods, or like materials. At a minimum skirting must be used when
a pad or stand is utilized as a foundation.
F.
Access to crawl space created by the installation of a wall shall
be provided by means of a door or panel capable of being locked.
G.
Every mobile/manufactured home unit to be used as a dwelling unit
must be at least 10 feet in width and 50 feet in length and contain
a minimum of 500 square feet of living space, provided that smaller
mobile/manufactured homes may be approved as a conditional use. The
standards relating to conditional uses as set forth in this chapter
shall apply.
H.
Every unit which is to be placed in a floodplain district or area
must comply with all applicable regulations to said districts.
I.
In all instances, the requirements set forth herein for placement
upon a foundation or piers or for tie-down and anchoring of mobile/manufactured
homes shall be interpreted so as to require conformance with and adherence
to the manufacturer's recommendations which are provided by mobile/manufactured
home manufacturers in accordance with the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401
et seq., and any amendments thereto or statutes hereinafter enacted
in replacement thereof.
J.
Nothing in this chapter shall be construed as to impose any liability
or responsibility upon Hepburn Township for providing adequate standards
for placement and location of mobile/manufactured homes. The standards
set forth herein shall be regarded as minimal and shall not be regarded
as certifying or warranting in any way that mobile/manufactured homes
placed or located in conformance herewith are safely placed or located.
K.
Controls on Development.
(1)
Mobile/manufactured homes used as permanent units or as independent
dwelling units shall meet the minimum standards of all local building,
housing, electrical, plumbing and other codes in force or hereinafter
enacted.
(2)
A mobile/manufactured home shall be subject to all controls
set forth herein governing other dwelling units permitted in the applicable
districts.
(3)
A mobile/manufactured home shall not be removed from a lot until
a permit has been issued by the Tax Collector and such permit shall
not be issued by the Tax Collector until factual evidence is available
indicating that taxes levied have been paid, and the Zoning Officer
has been so informed.
(4)
Within five days after removal of the mobile/manufactured home,
the foundation shall be removed and the site backfilled by the owner
to an approved grade as established by the Zoning Officer. In lieu
of this, the owner may sell or otherwise legally transfer the lot
to house another mobile/manufactured home on the same foundation provided
that such transaction takes place before the mobile/manufactured home
is moved from the site.
[Ord. 75-1, 1/6/1975; as amended by Ord. 1986-1, 5/20/1986;
by Ord. 1988-1, 5/5/1988; and by Ord. 8.5.2008, 8/5/2008]
1.
A natural resource production use may be permitted in R-C, R-M or R-S Districts of the Township as a conditional use, except if the use is specifically prohibited under Part 5, "District Regulations." A natural resource production use shall be as defined under this chapter or any substantially similar use.
2.
The following paragraphs set forth the criteria for allowance of such use which shall be considered by the Board of Supervisors in the granting of the conditional use in addition to other conditional use requirements under other provisions of this chapter. The Board of Supervisors may impose any appropriate conditions to assure compliance with any of the following paragraphs and other provisions of this chapter, the Subdivision Ordinance [Chapter 22] or other Township ordinances, rules or regulations:
A.
All such applications shall set forth what other state, federal or
other governing authority approvals must be obtained; the obtaining
of and maintenance of such approvals shall be a condition of the grant
of the conditional use.
B.
A time limit for the natural production use may be imposed commensurate
with the scope of the operations, provided that extensions of the
permit may be granted upon an application which shall be acted upon
under the same procedures as original permits are granted.
C.
Natural resource production use applications shall include a sufficient
sketch or plan to enable the Supervisors to determine the location,
scope, nature of the activity and the effect of the same upon the
adjacent properties and roadways. A copy of any plans which may be
required to be prepared or maintained under any state law and regulations
or those of any other governing authority, which pertain to the activity
shall be attached to the application or if not prepared at the time
of the application, shall be filed with the Zoning Officer, prior
to the commencement of the activity. The application for such use
shall not be granted until all such applications, except for timber
harvesting, shall be certified by a professional engineer or registered
land surveyor showing the plan of the property where the natural resource
production use is to occur and the extent of such operation including
existing structures, slopes, boundary lines of adjacent properties
together with an indication as to the use made presently of the subject
tract and all adjoining tracts may be required by the Supervisors
as part of the application for a conditional use.
D.
All applications shall show the Township roads which will be used
in development of the natural resource production use and when required
by the Supervisors shall be accompanied by an engineer's certification
that such use will not cause any deterioration in the existing Township
roads to be used in the natural resource production activity. The
use of any Township roads, rights-of-way, or easements which subjects
the same to excessive weights or damage in excess of the normal public
traffic thereon shall be allowed only if the expense of maintaining,
improving, grading, and use thereof is borne by the applicant for
the conditional use and provided that the safety to the other public
traffic is not impaired unduly. Appropriate requirements for improvements
and maintenance of the Township roads, ditches, rights-of-way and
easements, and protection of the public may be required.
E.
The Township may also require as a condition of granting such permits
performance bonds to guarantee the restoration of the property and
compliance with other conditions of the conditional use, in an amount
that is reasonable. Prior to commencement of any natural resource
production use a bond, underwritten by a security company authorized
to conduct business within the Commonwealth of Pennsylvania, in favor
of the Township in the minimum amount of at least $1,000 or such other
higher amount as may be reasonable under the circumstances, shall
be posted to guarantee the preservation of the integrity of the Township
roads. The amount of the bond, shall be in an amount per mile of Township
road subject to use in the activity as follows: (1) for unpaved roads,
$1,000, and (2) for macadam or improved roads, $3,000. The amount
of said bond shall be prorated based upon the actual mileage involved
to the nearest tenth of a mile, provided that the minimum amount shall
not be reduced to below $1,000. Otherwise, bonds shall be administered
in accordance with the provisions of this chapter relating to bonds.
F.
Proper erosion and sedimentation control measures and stormwater
management controls shall be taken in the carrying out of any natural
resource production use. The Office of the Lycoming County Conservation
District and/or the Pennsylvania Department of Environmental Protection
may be consulted by the Township to review the application. The applicant
shall provide such office with information that they may reasonably
require and their recommendations may be made a condition of the use.
G.
All property involved in a natural resource production use shall
be completely regraded and reseeded as may be reasonably required
at the termination of the use so as to restore the property into a
condition essentially similar to that which existed prior to the development
of the use or other such reasonable condition as may be approved by
the Township, which will prevent undue erosion and make the property
usable in the future for other purposes.
H.
Appropriate certifications that all applicable governmental regulatory
approvals have been obtained, together with copies of such approvals,
shall accompany all applications and compliance with all such regulations
shall be a condition of the use.
I.
A substantial fence completely separating the area to be developed
or used in the natural resource production use activity may be required
and shall be required if the use activity is located within 200 feet
of a residential lot or an R-S or R-M, or C-H zoned district, or within
200 feet of such a district boundary. The type and nature of the fence
shall be as determined by the supervisors under the circumstances
that may exist from time to time and shall be such as will reasonably
protect the public, adjoining landowners and others from suffering
injury to their person or property as a result of the use.
J.
No top of the slope or quarry shall be nearer than 100 feet to any
property line or street line.
K.
No rock crusher, cement plant or other crushing, grinding, polishing,
or cutting machinery or other physical or chemical process of treating
such products shall be permitted in residential areas; and when in
other areas such operation shall be subject to such conditions and
safeguards as deemed necessary by the Board of Supervisors to protect
the public health, safety and welfare.
L.
The natural resource production use shall be conducted in accordance
with all the provisions of the Surface Mining Conservation and Reclamation
Act, 52 P.S. 1396.1 et seq.
(1)
This law regulates all surface mining except:
(a)
Extraction of minerals (other than coal) by a landowner for his own
noncommercial use from land owned or leased by him;
(b)
Extraction of such noncoal minerals for commercial purposes in an
amount less than 500 tons per acre in any given year;
(c)
Extraction of noncoal minerals for highway construction purposes,
provided the work is performed under bond, contract and specifications
which provide for reclamation of the area; and
(d)
The use of slag on the premises of a manufacturer as a part of the
manufacturing process.
(2)
Though some uses are exempt from said act all applicable sedimentation
and erosion control measures remain in force.
[Ord. 75-1, 1/6/1975]
1.
General Regulations.
A.
Off-street parking facilities shall be provided to lessen congestion
in the streets. The facilities required herein shall be available
throughout the hours of operation of the particular business or use
for which such facilities are provided. As used herein, the term "parking
space" includes either covered garage space or uncovered parking lot
space located off the public right-of-way.
B.
Each parking space shall consist of not less than an average of 270
square feet of usable area for each motor vehicle including interior
driveways, driveways connecting the garage, or parking space, with
a street or alley. Notwithstanding the above, all parking spaces shall
be ample in size for the vehicles for which use is intended. The net
parking space per vehicle shall be not less than nine feet wide and
20 feet long. Outdoor parking spaces, and the approaches thereto,
shall be paved, or covered with gravel or cinders. Such outdoor parking
space shall be deemed to be part of the open space of the lot on which
it is located. In commercial districts, all parking lots shall be
surfaced with a permanent material.
C.
A garage may be located wholly or partly inside the walls of the
principal building, or attached to the outer walls. If separated from
the principal building, the garage shall conform to all accessory
building requirements. The garage may be constructed under a yard
or court. The space above an underground garage shall be deemed to
be part of the open space of the lot on which it is located.
D.
Parking spaces may be located on a lot other than that containing
the principal use with the approval of the Planning Commission.
E.
Surfacing. Any off-street parking area shall be graded for proper
drainage and shall be surfaced so as to provide a durable and dustless
surface, and shall be so arranged as to provide for orderly and safe
parking and storage of self-propelled vehicles.
F.
Lighting. Any lighting used to illuminate any off-street parking
area shall be so arranged as to reflect the light away from adjoining
premises in any residential district.
2.
Access. There shall be adequate provision for ingress and egress
to all parking and loading spaces for use by the public, and for commercial,
business and industrial purposes. Where a parking or loading area
does not abut on a public right-of-way or private alley or easement
of access, there shall be provided an access not less than 12 feet
in width when the majority use is private automobile, and not less
than 18 feet in width in all other cases, leading to the parking or
storage areas or loading or unloading spaces required hereunder.
3.
Parking Facilities Required.
A.
Any structure or building hereafter erected, converted, or enlarged
for any of the following uses, or any open area hereafter used shall
be provided with not less than minimum parking spaces, as set forth
hereafter, which spaces shall be readily accessible to the uses served
thereby. Fractional numbers of parking spaces shall be increased to
the next whole number:
B.
For the purpose of this chapter, in residential districts when parking
spaces are required for dwellings, an attached or unattached garage
or carport on the premises and that portion of the driveway off the
public right-of-way may be considered as parking space.
(1)
Multiple-Dwellings, Apartment Houses, and Conversion Apartments. The total number of parking or garage spaces shall not be less than two times the number of dwelling units in the building. A garage accessory to an apartment house shall provide for the storage of vehicles of the owner, tenants, and employees. No parking space shall be provided nor parking permitted in front yard areas of apartment houses, unless approved by the Planning Commission. [See Subsection 3B(4) hereof.]
(2)
Boarding or Rooming Houses, Hotels, Motels, and Tourist Homes.
At least one parking space for each guest room. If a restaurant and/or
banquet room in connection with the above is open to the public, the
off-street parking facilities shall not be less than those required
for restaurants, in addition to those required for guest rooms.
(3)
Fraternities. At least two parking spaces for each three student
accommodations provided.
(4)
Apartments designed and erected to house elderly citizens shall
have parking spaces provided equal to at least 20% of the number of
dwelling units.
C.
Commercial Parking. The following regulations shall be applied to
new facilities included within and/or comprising shopping centers,
plazas, and neighborhood centers hereafter erected. The requirements
herein may be modified and in some cases removed by the Zoning Hearing
Board when it is determined by the Board that public parking lots
and facilities are available in sufficient number to negate the need
for customer parking on the premises.
(1)
Theaters, auditoriums, churches, schools, stadiums, or any other
place of public or private assembly. At least one parking space for
each three seats provided for public or private assembly.
(2)
Retail stores and other places for trade or business. One vehicle
space for each 200 square feet of floor area for public use.
(3)
Restaurant, tearooms, and cafeteria including taprooms, taverns
and nightclubs. One vehicle space for each 50 square feet of floor
area for public use.
(4)
Bowling alley. Five vehicle spaces for each alley. If pool billiards,
or other activities are provided, one additional space shall be required
for each 40 square feet of floor area used for such additional activity.
(5)
Office building. At least one parking space for each 300 square
feet of floor area or fraction thereof.
(6)
Public garages, automobile, and gasoline service stations. At
least one parking space for each 200 square feet of floor or ground
area, or fraction thereof, devoted to repair or service facilities,
which shall be in addition to the space allocated for the normal storage
of motor vehicles. In no event shall parking be permitted on the public
rights-of-way.
(7)
Parking garage. No parking space shall be required in yard areas;
however, no parking shall be permitted on the public rights-of-way.
(8)
Hospitals, sanitariums, and nursing homes. At least one parking
space for each three patients for which accommodations are provided;
such spaces shall be in addition to those necessary for doctors, administrative
personnel and other regular employees on a one-to-one basis.
(9)
Other commercial buildings. At least one parking space for each
three employees.
(10)
Drive-in dairy and restaurants. Provisions for parking for drive-in
facilities must meet with the approval of the Planning Commission
and under no conditions will parking on the public rights-of-way be
permitted.
(11)
Dance halls, roller rinks, clubs, lodges, and other similar
places. At least one parking space for each 100 square feet of floor
area.
(12)
Swimming pool. At least one parking space for each four persons
for whom facilities for dressing are provided; or at least one parking
space for every 50 square feet of water surface, including areas for
swimming, wading and diving, whichever requirement is the greater.
At the discretion of the Planning Commission, the parking space requirements
may be modified based on the number of citizens within walking distance
of the pool locale.
D.
Home Occupations. (Note the following guides are for spaces in addition
to the ones required for the residence.)
(1)
Legal office. One space for each employed person (the resident
attorney, an associate, etc.); two additional spaces for clients and
occasional sales persons or consultants.
(2)
Architects and landscape architects. One space for the resident
architect and one additional space for an employee. Two additional
spaces for clients and/or other visitors.
(3)
Engineers and accountants. One space for the resident and one
additional space for an employee. Two additional spaces for clients
and occasional visitors.
(4)
Physicians and dentists. One space for the resident and one
additional space for the employee, associate or other affiliated person;
and three additional spaces for patients.
(5)
Realtors, insurance agents, offices of elected officials. Three
spaces.
(6)
Barber shops and beauty parlors. Four spaces. If there is only
one customer facility provided (one barber chair, one dryer, etc.),
three spaces may be approved.
(7)
Dressmakers, milliners and others. Three spaces.
E.
Industrial Parking. These regulations shall apply to industrial expansion
and industrial installations erected after the effective date of this
chapter. Off-street parking shall be provided in accordance with the
following schedule:
(1)
Industrial and manufacturing establishments. One and one-half
vehicle parking spaces for each two employees on the largest shift.
(2)
Truck terminals and wholesale warehouses. One and one-half parking
spaces for each two employees on the largest shift.
(3)
Visitors. Space shall be provided in addition to the above parking
requirements according to the specific needs as determined by the
Planning Commission. For the purpose of this chapter, salesmen and
out-of-town personnel are visitors.
[Ord. 75-1, 1/6/1975; as amended by Ord. 8.5.2008, 8/5/2008]
1.
General Regulations.
A.
The Board of Supervisors may enact, amend, and repeal ordinances fixing standards and conditions for a planned residential development. The enacting procedures shall be the same as those required for enactment of a Subdivision and Land Development Ordinance [Chapter 22] in accordance with Act 247. The purpose of such ordinances is to assure that the provisions of Zoning (Article VI of the Municipalities Planning Code, 53 P.S. § 10601 et seq., which are concerned in part with uniform treatment within each zoning district, shall not be applied to the improvement of land other than lot by lot development.
B.
The grant of power for planned residential development is pursuant
to Article VII of the Municipalities Planning Code, 53 P.S. § 10701
et seq., and includes the right to approve, modify, or disapprove
any development plan within the Township.
C.
Every ordinance and all amendments thereto shall be based on and
interpreted in relation to the comprehensive plan for the development
of the Township.
D.
Planned residential developments may include, but not necessarily
be limited to, single dwelling units, two-family dwelling units, multi-family
dwelling units including multi-story structures or any combination
thereof. It may also include nonresidential uses deemed appropriate
for incorporation in the design of the planned residential development.
Standards governing the density or intensity of land use, the amount
and location of open space, and the basis for incorporating nonresidential
uses shall be set forth as an ordinance applied to specific land area
or areas within the Township.
E.
Application procedures, tentative and final approvals, public hearings,
and construction of planned residential developments shall be in full
accordance with Article VII, §§ 701 through 712, inclusive,
of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10701
— 10712.
F.
The Subdivision and Land Development Ordinance [Chapter 22] of the Township shall be the guide to follow for preliminary and final plan and for minimum physical improvement to the site.
G.
All regulations set forth under this chapter for signs, parking,
loading, drainage, and other applicable controls shall apply. Notwithstanding,
where this Appendix sets forth more stringent regulations and controls,
such shall prevail.
2.
Performance Standards.
A.
The purpose is to establish minimum environmental standards with
which all proposed land uses, and structures must comply. Evidence
of ability to comply shall be required prior to the issuance of a
building permit or a certificate of occupancy, and continued compliance
shall be required during the operation of such land uses and structures.
B.
Where, in the opinion of the Zoning Hearing Board and the Board of
Supervisors, there is a probable violation of any performance standard,
they are empowered to have a qualified technician perform such investigations,
measurements, and analysis as may be necessary to determine whether
or not there is in fact a violation; the offender shall bear the cost
incurred by the Township in retaining the qualified technician. If
no offense is found, costs shall be borne by the Township.
(1)
Residential Standards; Residential Densities. (Units per gross
acre of land to be developed for each purpose).
(a)
Single-family residential structures shall not exceed five families
per acre.
(b)
Duplex (two-family structures) shall not exceed nine families
per acre.
(c)
Multiple dwellings (more than two per structure).
1)
Structures housing less than seven families shall not exceed
16 families per acre.
2)
Structures housing less than 17 families shall not exceed 21
families per acre.
3)
Structures housing over 17 families shall not exceed 62 families
per acre.
4)
Structures housing over 17 units all designed for couples without
children (elderly and others) shall not exceed 100 units per acre.
(3)
Yards and Setbacks.
(a)
A setback of not less than 30 feet from a public right-of-way
for single and two-family structures.
(b)
A setback of not less than 25 feet from an adjacent property
line shall be required.
(c)
For other circumstances requiring a setback the distance shall
be recommended by the developer and shall be reviewed by the Planning
Commission. Following the review they may be approved and/or adjusted
as deemed necessary.
(d)
Yard area minimum shall be recommended by the developer and
submitted for review by the Planning Commission. Following review
they may be approved and/or adjusted as deemed necessary for the health,
safety and welfare of the citizens.
(4)
Heights of Structures. No regulation; however the heights suggested
by the developer must be in conformance to good construction practices
and be ample to provide space for proper use of the premises and to
provide light and air for the health and welfare of the occupant.
(5)
Privacy. All new land developments and structures shall, by
site planning, location and orientation of structures, provide visual
and acoustical privacy between themselves and adjoining lots and structures.
The conditions of existing adjacent lots and structures shall govern
the design of new lot developments and structures in the question
of privacy.
3.
Commercial and Industrial Standard.
A.
Area.
(1)
No Minimum. The developer must submit a proposal for site development
including the basis upon which the need for the commercial and/or
industrial enterprise was determined.
(2)
The developer must demonstrate that the area proposed is sufficient
to provide for all structures, service and parking areas and open
spaces necessary to the proper functioning of the proposed use.
B.
Nuisance and Hazard Abatement.
(1)
Noise. At no point on or beyond the boundary of any lot shall
the sound pressure level resulting from any use or activity, whether
open or enclosed, (except noise not directly under control of the
property user, noises resulting from the construction preparation,
and the noises of safety signals, warning devices, railroads, and
automobile traffic) exceed the maximum permitted decibel levels for
the designated octave band as set forth in the table below:
|
Octave Band, Frequency in Cycles per Second
|
Sound Pressure Level in Decibels
| |
|---|---|---|
|
0 to 74
|
73
| |
|
75 to 149
|
68
| |
|
150 to 299
|
60
| |
|
299, 300 to 599
|
53
| |
|
600-1, 199
|
47
| |
|
1,200 to 2, 399
|
41
| |
|
2,400 to 4, 799
|
35
| |
|
4,800-and over
|
33
|
(2)
Odors. No continuous, frequent, or repetitive emission of odors or odor-causing substances which would be offensive at or beyond any property line will be permitted. The existence of an odor shall be presumed when the concentration of the odor-causing substance or substances in the air at any point at or beyond the property line of the source exceeds the lowest concentration listed as the odor threshold for such substance or substances in Table III (Odor Thresholds) appearing in Chapter 5 of the Air Pollution Abatement Manual, copyright 1952 by the Manufacturing Chemists Association, or as subsequently amended. Substances not cited in said table shall be deemed odorous when analysis by a competent technician demonstrates that a discernible odor is being emitted.
(3)
Offensive Area. All areas for parking, recreation, service,
utility equipment, waste receptacles, and/or other elements which
because of their appearance, odor and/or noise would be offensive
to those occupying the lot or adjoining lots or those on the street,
shall be screened, landscaped or otherwise treated to eliminate the
offensive condition.
(4)
Lighting. Lighting of all types shall be directed so as to reflect
away from adjacent lots and public rights-of-way.
(5)
Landscaping. Natural landscaping elements, trees, shrubs, rocks,
streams, contours, are a valuable asset in the urban environment.
All site developments shall retain as much of the natural landscaping
to a quality comparable to that of the surrounding properties.
(6)
Fire. No structure or activity on a site or within a structure
shall pose a hazard of fire for adjacent lots and/or structures. Access
for firefighting men and equipment shall be provided for every structure
on the site.
(7)
Smoke. It shall be unlawful for any person to permit the emission
of any smoke from any source whatever of a density equal to or greater
than that density described as No. 2 on the Ringelmann Chart, published
by the U.S. Bureau of Mines, (Powers' Micro-Ringelmann Chart, McGraw-Hill
Publishing Company, 1954, may be used.)
(8)
Toxic and Noxious Matters. No emission which would be demonstrably
injurious to human health, animals, or plant life at or beyond the
boundaries of any lot will be permitted. Where such an emission could
result from an accident or equipment malfunction, adequate safeguards
considered standard for safe utilization of the toxic and noxious
matters involved shall be taken.
(9)
Radiation Hazards. The handling of radioactive materials, the
discharge of such materials into air and water, and the disposal of
radioactive wastes, shall be in conformance with the applicable regulations
of the Atomic Energy Commission.
(10)
Fire and Explosive Hazards.
(a)
The storage, utilization, or manufacture of solid materials
or products ranging from free or active burning to intense burning
is permitted, but only if said material or products are stored, utilized,
or manufactured within completely enclosed building having incombustible
exterior and protected throughout by an automatic fire extinguishing
system.
(b)
All activities involving the use and/or storage and/or disposal
of flammable or explosive material shall be provided with adequate
safety and protective devices against hazards of fire and explosion,
as well as with adequate firefighting and suppression equipment and
devices standard to the industry involved.
(11)
Glare and Heat. Any operation producing intense glare or heat
shall be performed within an enclosure so as to completely obscure
such operation from view from any point along the property line, except
during the period of construction of the facilities to be used and
occupied.
(12)
Electromagnetic Radiation. In the interest of maintaining an
atmosphere fruitful to research, there shall be no electromagnetic
interference that adversely affects at any point the operation of
any equipment other than that belonging to the creator of such interference,
or that is not in conformance with the regulations of the Federal
Communications Commission.
(13)
Fly Ash, Dust, Fumes, Vapors, Gases, and Other Forms of Air
Pollution. No emission which can cause any damage to health, to animals
or vegetation, or their forms of property, or which can cause any
excessive soiling at any point, and in no event any emission, from
any chimney or otherwise, of any solid or liquid particles in concentrations
exceeding 0.3 grain per cubic foot of the conveying gas or air at
any point shall be permitted. This shall be measured at the point
of emission.
(14)
Water. No emission of polluters (as defined by the Pennsylvania
Department of Environmental Protection) into a waterway or sewage
system extending beyond the property line shall be permitted.
C.
Open Space.
(1)
Open space shall be required within every area developed as
a planned residential development. The open space shall provide among
others, recreation areas, slope preservation, stream protection areas,
public use areas, areas where public uses may be permitted to include
educational facilities, churches, utilities, transmission services,
municipal uses, etc.
(2)
The developer shall submit a proposed method for identifying
the open space and preserving it for public use; for its development
and maintenance; and the organization and/or agency proposed to police
the area and its maintenance, all in accord with the Planning Commission.
D.
Plan Presentation, Approvals, Hearing. All procedures involving the
review, approval, tentative approval, rejections and hearings on planned
residential development shall be carried out as set forth in Article
VII of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10701
et seq.
[Ord. 75-1, 1/6/1975; as amended by Ord. 8.5.2008, 8/5/2008]
1.
Recreation vehicles shall not include nor should they be confused
with sectional and/or prefabricated homes hauled on trucks or other
vehicles.
A.
All licensed recreation vehicles, including trailers and campers,
should be stored and maintained:
2.
Recreation vehicle parks, in districts where permitted, shall be
subject to the following safeguards and regulations:
A.
The driveways, exits, entrances, and walks shall be lighted and paved
in accordance with Township standards. One-way traffic cartways shall
be not less than 12 feet wide and two-way traffic cartways shall be
not less than 22 feet wide.
B.
Access to vehicle spaces shall not be permitted from any public road.
All such access will be provided by an internal access road.
C.
An area of not less than 1,500 square feet shall be provided for
each vehicle.
D.
The minimum width of each vehicle space shall be 25 feet.
E.
The minimum depth of each vehicle space shall be not less than 60
feet; or 30% longer than the length of the vehicle, whichever requirement
is greater.
F.
Each vehicle shall be located not less than 25 feet from any building
and not less than 30 feet from lines bounding adjacent property.
G.
Separate provision shall be made for the parking of tow equipment
on or adjacent to the vehicle space, or at a location removed from
the vehicle space. There shall be one such off-street parking space
not less than 10 feet wide and 20 feet long for each vehicle space
in the park.
I.
Recreation vehicle parks shall be provided with screening such as
fences, or natural growth along the property boundary line separating
the park and adjacent uses. If the buffer yards are already wooded
this plant life shall be maintained as screening.
J.
The plan of any proposed recreation vehicle park development shall
be presented to the Planning Commission for approval before any construction
and any vehicle shall be permitted on the site.
K.
Sewers.
(1)
Each vehicle park shall be provided with sewage disposal facilities.
The proposed provisions for sewage shall be presented to the Planning
Commission and the Municipal Engineer for approval before any vehicle
shall be permitted on the site. Approval shall be required from the
Pennsylvania Department of Environmental Protection.
(2)
A recreation vehicle park may be approved by the Planning Commission
without individual sewerage connection, provided the park is serviced
by approved central toilet facilities and central shower facilities.
Approvals shall be required from the Township Supervisors and the
Pennsylvania Department of Environmental Protection.
[Ord. 75-1, 1/6/1975; as amended by Ord. 87-2, 3/3/1987;
by Ord. 87-5, 9/1/1987; by Ord. 1991-1, 3/15/1991; and by Ord. 12.08.15.04,
12/8/2015, § 2]
1.
Signs may be erected and maintained only when in compliance with
the provisions of this chapter and any and all other ordinances and
regulations relating to the erection, alteration or maintenance of
signs and similar devices.
A.
Signs in Residence Districts. The following types of signs and no
other shall be permitted in residence districts:
(1)
Signs advertising the sale or rental of the premises upon which
they are erected, when erected by the owner or broker or any other
person interested in the sale or rental of such premises, may be erected
and maintained, provided:
(2)
Signs advertising the sale or development of the premises upon
which they are erected, when erected in connection with the development
of the premises by a builder, contractor, developer, or other person
interested in such sale or development, may be erected and maintained,
provided:
(3)
Signs indicating the location and direction of premises available
for or in process of development, but not erected upon such premises
and having inscribed thereon the name of the owner, developer, builder
or agent, may be erected and maintained, provided:
(4)
Signs bearing the word "sold" or the word "rented" with the
name of the persons effecting the sale or rental may be erected and
maintained, provided the conditions in Subsection 1A hereof, are complied
with. Such signs must be removed within two weeks after the property
is sold or rented.
(5)
Signs of mechanics, painters, and other artisans may be erected
and maintained during the period such persons are performing work
on the premises on which such signs are erected, provided:
(6)
Trespassing sign, or sign indicating the private nature of a
driveway or property provided that the size of any sign shall not
exceed two square feet.
(7)
Signs of schools, colleges, churches, hospitals, sanitariums,
or other institutions of a similar nature may be erected and maintained,
provided:
(9)
Signs advertising home occupations shall not be larger than
eight inches by 24 inches, bearing the name and occupation (words
only) on the practitioner.
B.
Outdoor Advertising Device.
(1)
An outdoor advertising device may be erected or maintained in
the Commercial Highway District of the Township when it is approved
as a conditional use by the Township Supervisors.
(2)
Procedures and standards pertaining to the approval of an outdoor
advertising device as a conditional use, in addition to those generally
applicable to conditional uses, shall include the following:
(a)
An application for the erection of an outdoor advertising device
shall be submitted to the Township Zoning Officer on such form as
the Township shall from time to time deem appropriate. The application
shall be drawn to scale and depict the location, size and type of
the sign showing all essential features relating to its erection and
construction. The application shall state the length of time for which
the sign is to be erected. The application shall be accompanied by
copies of all permit applications required to be submitted to other
regulating authorities or governments. If the applicant is not the
owner of the premises, a copy of the consent or easement approving
the erection of the sign signed by the premises' owner(s) shall accompany
the application.
(b)
Upon receipt of the application, the Zoning Officer shall make
an inspection of the site to determine its suitability for the erection
of the type of sign applied for and shall take into particular consideration
the effect that such sign shall have upon the safety and welfare of
the traveling public and its effect upon any residential areas of
the Township, which may have a view of such sign.
(c)
The Zoning Officer shall regard the application for the erection
of the sign as an application for a conditional use and shall advise
the Township Secretary of the same.
[Amended by Ord. 04.12.16.01, 4/12/2016]
(d)
An outdoor advertising device shall not exceed a size of 300
square feet in area.
(e)
A structure which is used to support an outdoor advertising
device may contain one or two signs per facing and the signs may be
placed double-faced, back to back or V-type, but the total sign area
shall not exceed 600 square feet on any one structure and the total
area of the signs facing in any one direction shall not exceed 300
square feet.
(f)
In determining whether or not to allow the conditional use,
the Supervisors shall take into consideration the effect of the same
upon the safety and convenience of the public using the highway or
access thereto in the vicinity of the sign or within its viewing area.
The Supervisors may require as a condition of the granting of such
use, that those owning the premises and erecting the maintaining the
sign shall enter into an agreement indemnifying and holding the Township
harmless from any claims of injury or destruction of property arising
out of the erection and maintenance of said sign, together with such
proof of insurance or surety as may be reasonably anticipated to be
required to protect the Township from any such claim.
(g)
The payment of a fee in addition to the fee for a conditional
use application shall be paid for the privilege of erecting an outdoor
advertising device, as a condition for the granting of the conditional
use, which fee shall be an amount as determined from time to time
by resolution of the Supervisors, provided the fee resolution shall
pertain to all outdoor advertising devices.
(h)
All applicable governmental, laws, rules and regulations shall
be complied with in the erection and maintenance of the sign. Evidence
of such compliance shall be submitted at the conditional use hearing
or at the discretion of the Supervisors at a later date, but prior
to the erection of such sign.
C.
On-Premises Signs.
(1)
An on-premises sign may be erected in a Commercial Highway District
provided that a zoning permit is applied for and obtained from the
Zoning Hearing Officer.
(2)
Any business which is lawfully conducted in an area of the Township
other than in a Commercial Highway District may erect a business identification
sign, following the procedure above set forth for on-premises signs
provided that the size of such signs shall not exceed an area of 25
square feet.
(3)
The payment of a fee in an amount as determined from time to
time by resolution of the Supervisors, provided the fee shall be the
same for all on-premises signs erected in Commercial Highway Districts,
up to 200 square feet in area; and, further provided, the fees shall
be the same for all on-premises signs in areas other than a Commercial
Highway District, which do not exceed an area of 25 feet.
D.
Signs are permitted in residential districts under the provisions
of Subsection 1A shall be permitted in all other districts of the
Township.
E.
Business Directional Signs. Directional signs for businesses may
be erected in any zoning district, off of the business property, upon
being approved as a conditional use, provided that the following regulations
and conditions shall apply in addition to other criteria which applies
to conditional uses in general:
(1)
Directional signs may be erected along main roadways to direct
vehicles or pedestrians to business establishments and locations whereon
any premise sign is not easily seen from main roadways.
(2)
Directional signs shall be ground-pole signs, unless impractical,
with a maximum area of 15 square feet on a single-faced or 30 square
feet on a double-faced sign.
(3)
The contents of directional signs shall be limited to the name
of the business establishment, direction and distance information,
and type of business(es).
(4)
Not more than three directional signs per business establishment
shall be allowed.
(5)
When more than one directional sign is requested at a single
sign location area, all information shall be combined into one sign,
known as a multiple business directional sign, which shall not exceed
an area of 25 square feet for a single-faced sign or 50 square feet
for a double-faced sign. Each such additional sign that is added to
a multiple business directional sign shall be approved as a conditional
use, unless the original conditional use application includes the
business directional sign as a multiple business directional sign.
The consent of the initial owner of the initial business directional
sign must be obtained prior to the approval of a multiple business
directional sign.
(6)
The longest dimension of a directional sign shall not exceed
two times its shortest dimension (length versus height).
(7)
Business directional signs may be placed within the legal right-of-way
limits of a highway, not withstanding contrary provisions of this
chapter, provided that:
(a)
Approval of the Pennsylvania Department of Transportation or
other state regulating body is obtained for placement of signs within
a state highway right-of-way.
(b)
Approval of the abutting landowner is obtained.
(c)
The Supervisors determine that the placement and construction
of the sign and the nature thereof does not create a safety hazard,
however, nothing contained herein shall authorize any such business
directional sign to overhang the main traveled portion of the street
or highway.
(8)
The conditional use approval shall expire five years from the
date of the approval of the first business directional sign at a given
location. The conditional use may be renewed, upon expiration, provided
that a new application is made under the laws, ordinances and regulations
then existing and further provided that if more than one business
has expressed an interest in locating a business directional sign
at that location, which has not been authorized because of the limits
upon the number of business directional signs available and/or because
of the inability of obtaining permission of the initial owner of the
business directional sign, the Supervisors, upon issuing of the new
conditional use, may enact such conditions as may be deemed fair and
equitable, including limiting the length of time of any renewed permit,
so as to permit the maximum benefit to the maximum number of businesses
permissible under the terms of this chapter.
(9)
Directional signs shall be removed at the expense of the sign
owner if and when the business ceases operation. The provisions concerning
removal as set forth under the general regulations for all signs under
this section shall apply to the removal. In addition thereto, a business
that is not open for a consecutive period of six months, shall be
deemed to have ceased operations for the purposes of this provision.
Upon the ceasing of operations the conditional use shall be deemed
terminated. If, upon the termination of one business using a multiple
business directional sign, the remaining business or businesses may
cause the sign to be relettered or replaced in substantially the same
manner, deleting reference to the terminated business, without obtaining
any additional permit or approval, provided that no substantial change
in the sign's construction or appearance is made.
F.
General Regulations for All Signs.
(1)
The following regulations shall apply to all permitted sign
uses:
(a)
Signs must be constructed of durable material, maintained in
good condition and not allowed to become dilapidated.
(b)
No sign shall be placed in such a position that it will cause
danger to traffic on a street by obscuring the view.
(c)
No sign, other than an official traffic sign, shall be erected
within the lines of any street, unless authorized by the municipal
Board of Supervisors for a special purpose.
(d)
No sign shall project over a public sidewalk or public right-of-way.
(e)
No permit or fee shall be required for the erection, alteration,
or maintenance of any signs as permitted in Subsection 1A of this
section, "Signs in Residence Districts."
(f)
A sign shall be removed at the expiration of the time authorized
by its permit, or when the subject matter of its message is outdated
or no longer appropriate or when the circumstances leading to its
erection no longer apply; provided, further, upon such occurrence
the Zoning Officer shall be authorized to give notice requiring the
removal of such sign within 30 days in the event they have not been
previously removed.
(g)
The owner of the premises upon which any sign is erected and
those persons or entities causing the same to be erected or maintained,
shall be responsible for any damage or injury resulting from the erection
and maintenance of the same and shall be responsible for complying
with the provisions of this chapter and all other applicable governmental
rules and regulations.
(h)
No animated sign shall be permitted in any district which, by
reason of intensity, color, location, or movement, may be reasonably
believed to be interfering with or abrogating public safety and/or
welfare. The Zoning Officer will make such determination, subject
to appeal of the Officer's determination.
[Amended by Ord. 04.12.16.01, 4/12/2016]
(i)
Any spotlight permitted to illuminate a sign shall be shielded
such that the light source cannot be seen from adjoining roads or
the interior of adjacent residences.
[Amended by Ord. 04.12.16.01, 4/12/2016]
[Ord. 75-1, 1/6/1975; as added by Ord. 1991-1, 3/15/1991]
1.
Municipal Buildings and Uses. This chapter shall not apply to any
building of the Township if the Township Supervisors shall, after
a public hearing, decide that such building or extension thereof or
such use of any premises, is reasonably necessary for the convenience
or welfare of the public, provided that any municipal recreational
building or use may be established by the Township Supervisors at
any location in the Township without holding such public hearing.
2.
Public Utility Building and Uses. This chapter shall not apply to
any existing or proposed building or extension thereof, used or to
be used by a public utility corporation, if upon petition of such
corporation, the Pennsylvania Public Utility Commission shall, after
a public hearing, decide that the present or proposed situation of
the building in question is reasonably necessary for the convenience
or welfare of the public.
A.
Essential Services. The erection, construction, alteration, use and
maintenance by municipal or governmental agencies and public utilities
or public service corporations, of such facilities as are necessary
for the furnishing of adequate service by such agencies, utilities
or public service corporations, or for public health, safety, or general
welfare, including underground or overhead electrical, gas, steam,
or water transposal systems, including poles, wires, lines, mains,
drains, sewers, conduits, cables, fire alarm boxes, police call boxes,
traffic signals, hydrants, gas regulator and measuring devices, including
the structures in which they are housed, and necessary to the normal
maintenance, repair or installation for any utility. Structures shall
not be permitted for the housing of transformers, pumps, and similar
equipment that cause any noise, odor, smoke or other hazardous effect.
The installation of these "essential services" shall be permitted
without the requirements of a public hearing by the Public Utility
Commission, the Township Supervisors, or the Zoning Hearing Board.
3.
Uses Not Permitted Nor Specifically Prohibited. If a use is proposed
in the Township in a district where it is not specifically prohibited
and if such use is not provided as a specifically permitted use or
as a conditional use or special exception, such use may be permitted
by the Zoning Hearing Board under the conditions applicable to the
granting of a variance provided that if such variance is granted the
Zoning Hearing Board shall be permitted to place such restrictions
and conditions upon the use as might be applied to any special exception
or conditional use. In the alternative, the applicant for such use
may apply for an amendment to this chapter.
[Ord. 75-1, 1/6/1975]
1.
Strip mining shall follow procedure as set forth in § 27-522
and the Surface Mining Conservation and Reclamation Act, 52 P.S. § 1396.1
et seq., as amended.
2.
Deep mining shall not be permitted except by specific permission
by the Township Supervisors after a public hearing thereon, and subject
to the restriction and controls as deemed necessary and further provided
that a permit is authorized as a special exception by the Zoning Hearing
Board in accord with all requirements established by the Township
Supervisors.
[Ord. 75-1, 1/6/1975]
1.
Second Dwelling. In a residence district, no building to the front
or rear of and on the same lot with a main building, shall be erected
or used for residence purposes. However, a second dwelling will be
permitted above a garage provided this dwelling remains secondary
to the main building.
2.
Accessory Building.
A.
Accessory buildings shall not be constructed in any required front
yard.
B.
Accessory buildings shall not be constructed in that portion of the
side yards that is the minimum open space required for side yards
as set forth under the applicable district regulations.
C.
An accessory building may be erected within a rear yard provided
that:
(1)
It shall be at least 10 feet from the rear property line.
(2)
It shall be at least 10 feet from the nearest wall of the main
building; or this may be reduced to five feet if no windows or other
openings in either building are involved; or the accessory buildings
may be integrated with the main building by contiguous walls, breezeway,
or other connection.
3.
Projections. No principal building, and no part of a principal building
shall be erected within, or shall project into the required front,
side, or rear yard of a lot, except cornices, eaves and gutters, steps
or chimneys such other appurtenances which may project into yard areas,
provided that the projection is not more than 18 inches. However,
covered porches, stoops and patios and attached carports, whether
enclosed or unenclosed, shall be considered as part of the principal
building and shall not project into a required yard area.
[Ord. 75-1, 1/6/1975; as amended by Ord. 1991-1, 3/15/1991;
and by Ord. 8.5.2008, 8/5/2008]
1.
Unless otherwise controlled or prohibited by district regulations and/or Chapter 10 herein the following regulations shall apply in R-C, R-S and R-M areas:
A.
Any unlicensed vehicle, or vehicles, which in any manner is in the
process of being dismantled for any reason shall be housed within
a structure. No parts of such vehicle shall be stored or otherwise
maintained outside of the structure.
B.
Any unlicensed vehicle or vehicle not requiring a license not in
the process of being dismantled shall be stored and maintained:
2.
No commercially licensed vehicle nor any unlicensed vehicle or similar
machine of any type may be permitted to be parked within the public
right-of-way in any District; excepting from this restriction any
commercial vehicle, not owned, operated or controlled by the owners
of the abutting premises, which is temporarily parked for the purpose
of providing commercial services in the ordinary course of business,
such as delivery of fuel and similar products.
3.
Not more than one ungaraged commercially licensed vehicle or unlicensed
vehicle or similar machine of a commercial type may be parked upon
a lot in an R-S District, excepting from this restriction any such
vehicle or machine temporarily so parked for the purpose of providing
commercial services to the lot or its inhabitants in the ordinary
course of business.
[Ord. 75-1, 1/6/1975]
1.
Visibility at Intersections. On any corner lot, nothing shall be
erected, placed, planted, or allowed to grow in such a manner as materially
to impede vision between a height of 2 1/2 feet and 10 feet above
the center-line grades of the intersecting streets in the area bounded
by the right-of-way lines of such corner lots and a line joining points
along said center lines 75 feet from the point of intersection.
[Ord. 75-1, 1/6/1975; as amended by Ord. 1991-1, 3/15/1991;
and by Ord. 10.02.2007, 10/2/2007, § II]
1.
Solid fences or walls shall not exceed an average of four feet in
height, or six feet in height at any location, unless approved by
the Hepburn Township Supervisors as a conditional use. Chain link
or other open fencing (fencing more than 50% open) shall not exceed
a height of six feet measured from the ground to the top of the fence.
2.
If there is written mutual consent between the adjoining property
owners, a fence or wall may be placed on a property line. Where mutual
consent cannot be obtained, a self-maintained fence, i.e., a chain
link, wrought iron, aluminum, PVC or split rail fence, may be placed
at least six inches from the property line. Any other type of fence,
where mutual consent cannot be obtained, must be placed at least two
feet from the property line.
3.
Fences having only one finished side shall be installed so that the
finished side faces out or away from the subject property. All fence
support apparatus shall be on the subject side of the fence, including
vertical posts and reinforcing horizontal or diagonal posts.
4.
All fences shall be maintained in good condition and shall not be
allowed to become dilapidated.
5.
Swimming Pool Fencing.
A.
Every outdoor swimming pool of permanent construction, whether above
or below ground, shall be completely surrounded by a fence or wall
not less than four feet in height and shall be constructed to prohibit
uncontrolled access. A gate that is capable of being locked shall
be provided.
B.
A dwelling or accessory structure may be used as part of such enclosure.
C.
The pool shall not be located within any required front or side yard
nor closer than 15 feet to any property line.
D.
Every such pool that has been constructed prior to the effective
date of this chapter, for which a fence is required as set forth under
this section, shall be fenced in accordance with the provisions of
this section within a period of one year from the effective date hereof;
provided, however, that any such fencing that is already erected that
is at least 30 inches in height, need not be increased in height unless
the fencing is replaced; a replacement fence shall conform to the
height requirements for new pool fencing; further provided, that if
the erection of such fencing around an existing pool is prohibited
by a provision of this chapter relating to setback or yard areas,
the fencing shall only be erected pursuant to the issuance of a conditional
use permit under the terms of this chapter. No fee shall be charged
for the issuance of such conditional use permit or any other permit
regarding to the placement of fences around existing pools under this
subsection.
[Ord. 75-1, 1/6/1975]
1.
Front Yard Exception.
A.
When the setback of existing buildings is greater than the minimum
provided, the required setback of a building hereafter erected shall
be the same as or greater than the average setback of existing buildings
in the same block on the same side of the street.
B.
The front yard of a proposed building may be decreased in depth to
the average formed by the alignment of existing buildings within 100
feet on each side of the proposed building, and within the same block,
if such alignment of existing buildings is less than the front yard
requirement for the district.
2.
Rear Yard Exception. When a rear yard abuts an alley, a structure
shall not be erected closer than 25 feet from the center line of said
alley.
[Ord. 75-1, 1/6/1975]
1.
Where an industrial use abuts a residential use, a buffer yard of
not less than 30 feet shall be required. The buffer yard shall be
a part of the industrial installation and shall be maintained by the
industry.
2.
Where an industrial use abuts a street that abuts a residential use
a buffer yard of not less than 15 feet shall be required.
3.
Where an industrial use abuts a stream or drainage channel, a buffer
yard of not less than 15 feet shall be required, and the yard shall
be measured from the nearest edge of the stream or channel. Planting
other than grass may be omitted along streams when approved by the
Zoning Hearing Board.
4.
Buffer yards shall be at least 15 feet wide.
5.
All buffer yards shall be planted and maintained with a vegetative material to include a row of trees planted not more than 40 feet on center, and trunk size at least two inches in caliber measured one foot above normal soil level. Buffer yards may be planted in such manner as to provide desired screening or filtering of noise and dust. [See § 27-607, Subsection 5A(1).]
6.
Buffer yards other than interior side or rear buffer yards may be
crossed by access roads and service drives not more than 35 feet in
width, provided that the angle of the center line of the road or drive
crosses the lot line and buffer yard at not less than 60°.
7.
No storage of materials or parking of cars shall be permitted in
buffer yards.
[Ord. 75-1, 1/6/1975]
1.
Unless more restrictive regulations are set forth elsewhere herein,
the following shall apply:
A.
Residential Oriented Districts.
(1)
Service areas may be placed in required yard areas but not closer
than two feet to any property line.
(2)
Where the extremities of a service area are closer than four
feet to any property line, curbs and/or wheel stops must be provided
at a line which, when the wheels (front or rear) of a vehicle are
in contact, will not permit any portion of the vehicle to overhang
any part of adjacent property.
(3)
Joint drives serving contiguous lots are not recommended. They
may be approved as a special exception by the Zoning Hearing Board
when no alternative is available. The use of a joint drive must be
made a part of the deed for each property.
(4)
Off-street service areas must have an all-weather paving capable
of providing a solid, dust-free surface at all times.
B.
Commercial Oriented Districts.
(1)
Off-street service areas shall be provided for every commercial
enterprise hereafter erected or substantially altered.
(2)
Off-street service areas where permitted may be placed on the
premises provided that:
(3)
All off-street service areas shall be paved so as to provide
an all-weather surface, firm and dust-free at all times. Paving shall
be as specified by the Township Engineer.
C.
Industrial Oriented Uses.
(1)
Off-street service areas may be placed anywhere on the premises
except where specifically prohibited. (Buffer yards and portions of
yards adjacent to public right-of-way lines).
(2)
No parking or loading area shall be established within five
feet of any property line, or within 10 feet of a public right-of-way
line.
[Ord. 75-1, 1/6/1975]
1.
All junkyards existing at the effective date of this chapter, within
one year thereafter, and all new junkyards, where permitted, shall
comply with the following provisions:
A.
Such uses shall be conducted within a building or entirely enclosed within a fence or wall of not less than eight feet in height and said fence or wall shall be constructed of a permanent material; or in lieu of a fence, a screen planting and buffer yard as set forth under § 27-607.
B.
No junk material, appurtenant structure, related activity or other
enclosure shall be stored, placed or conducted within 25 feet of any
adjoining property or public right-of-way and such setback area shall
be kept free of weeds and scrub-growth over eight inches in height.
C.
All junk shall be stored or arranged so as to permit access by firefighting
equipment and to prevent the accumulation of water, and no junk shall
be piled to a height of more than eight feet.
D.
No oil, grease, tires, gasoline or other similar material shall be
burned at any time, and all other burning shall be attended and controlled
at all times.
E.
Any junkyard shall be maintained in such a manner as to cause no
public or private nuisance, nor to cause any offensive or noxious
sounds or odors that would be hazardous to public health, nor to cause
the breeding or harboring of rats, flies, or other vectors.
[Ord. 75-1, 1/6/1975; as added by Ord. 82-3, 2/19/1982]
1.
Irrespective of permitted and not permitted uses listed in any district
as set forth under this chapter and subject to the provisions governing
flood hazards or floodplain district areas, residential occupation
use shall be allowed as a conditional use in any district, except
R-S, in conformance with the provisions of this section and with the
provisions of this chapter pertaining to conditional uses.
A.
Residential Occupation, Definition. A business use made by one who
occupies the location and premises upon which the use or a substantial
portion thereof is carried out as the person's principal place of
residence; such uses being of the kind and character as permitted
under Subsection 1C; such business shall be limited so as to not involve
in excess of 10 persons at any one time as employees, customers, persons
being served or patrons, in total; the business may be carried out
or conducted as an entity in any lawful form, but the resident to
whom the use is granted must be an active principal in the business
thereof and such person's interest therein or the stock held may not
be exceeded by that of any other individual or entity having an interest
therein or being a stockholder thereof, and his activity must be equal
to that of all other principals or stockholders.
B.
General Purposes. The purpose of this section is to allow individuals
occupying premises within the Township as their principal place of
residence to engage in limited, small scale business activities that
can be carried out upon their residential premises without serious
detriment to the environment, the neighborhood or the Township residents.
D.
Prohibited Residential Occupation Uses. The following uses shall
not be allowed in any district as a residential occupation use under
this section:
(1)
Any business or use or purpose that is noxious or injurious
by reason of odor, dust, smoke, gas, vibration, illumination, or noise
or otherwise creates a nuisance or hazard to public health, safety,
or welfare.
(2)
The incineration, reduction, or storage of offal, animals, fish
or similar objectionable refuse.
(3)
The tanning or storage of raw hides or skins and fat rendering.
(4)
The manufacture of gun powder, fireworks or other explosives.
(5)
Abattoir and stockyards.
(6)
Strip mining, quarrying, sand or gravel pit operation.
(7)
Junkyards, scrapyards, dumps or dumping.
(8)
Sales of gasoline or liquid petroleum gas or sales of similar
hazardous products or of explosive products nor the storage of the
same provided that such sales and storage may be approved where incidental
to some other use permitted hereunder and with such safeguards as
may be deemed necessary and appropriate limiting the quantity of item,
nature of sales and providing for appropriate safeguards for the containment
of the same as the circumstances may require to assure that all dangers
to all persons are minimized.
(9)
Hotels, motels, restaurants, drive-in restaurants, supermarkets,
theaters, drug stores, laundromats, retail shopping centers and other
similar uses.
(10)
Any use that is not in harmony with the permitted uses hereunder
and the general purposes hereof.
E.
Factors Affecting the Grant of and Restrictions upon Residential
Occupation Uses. The factors to be considered in granting the use
as a residential occupation use and the provisions, conditions or
limitations that may be placed thereon by the Township Supervisors
may include, but shall not be limited to, the following in addition
to those standards that are generally applicable to conditional uses:
(1)
Compliance with all lot requirements of the district pertaining
to coverage, height, off-street parking and loading, signs and such
other similar matters as may be regulated under this chapter from
time to time.
(2)
Compliance with all provisions, requirements and limitations of this chapter, as amended, that may be deemed by the Supervisors to be applicable to the particular use or location or that is made expressly applicable to the use or location by the terms of § 27-601.
(3)
Noise, dirt, water, odor, sight, vibrations, gas or vapors,
illumination or other environmental concerns. The Supervisors may
require appropriate safeguard to keep the same to a minimum in effect
upon the general environment and upon any particular individual in
proximity thereto.
(4)
The number of hours and time of day of the business operation.
(5)
The access to the premises by public or private roads and the
condition of the same and the requirements for maintenance thereof;
types of vehicles which will make deliveries or otherwise frequent
the premises.
(6)
The location of nearby structures and the uses made by the general
neighborhood in proximity to the proposed use; such assurances or
restrictions as may be necessary to safeguard the character, health
and safety of those previously existing uses in proximity to the proposed
use may be promulgated.
(7)
The containment of vehicles, equipment and activities within
an enclosed structure or structures or at locations that are not obvious
to or intrusive to others.
(8)
The effect upon and availability of appropriate public utilities
to meet the requirements of the proposed use and the effect such use
will have upon others relying upon those services.
F.
Length of Use, Review and Restrictions upon Continuation of Residential
Occupational Uses. Any residential occupation use herein granted shall
be subject to the following limitations:
(1)
Any person aggrieved by such use may request a review of the
grant of the same by the Township Supervisors at any time within six
months to 12 months from the time such use is implemented and during
this review procedure, if requested, the Supervisors may enact such
additional regulations, restrictions or limitations upon the use as
may be deemed appropriate to comply with the purposes and intent of
this chapter, similarly, within the same time period, the person to
whom such use is granted may request the Supervisors to review any
such restriction, condition or limitation or other matter affecting
the use that was imposed upon such person. The procedure in either
case shall be the same procedure as established under this chapter
and applicable law for the obtaining of a conditional use.
(2)
The residential occupation use shall not be allowed to increase
in any manner beyond the scope that is permitted by this section unless
otherwise allowed upon proper application by the other applicable
sections of this chapter.
(3)
The right to the use as a residential occupation use shall be
personal unto the person applying for such permit and any use herein
granted, permits, occupancy or privileges granted therewith, shall
cease upon any of the following events occurring:
(a)
The business is no longer controlled or operated as required
under Subsection 1A of this section, by the person to whom the use
was originally granted.
(b)
The premises are no longer used as a principal place of residence
by the person to whom the use was granted.
(c)
In the event the cessation occurs as a result of the death of
any individual, the estate or heirs of that individual shall be allowed
a period of time, not to exceed six months from the date of death
to windup the affairs connected with such business and to terminate
the use; a similar period of six months shall be allowed for termination
of the use in the event of the disability, physical or mental incapacity
of the individual involved which causes the individual to cease to
be active in said business as herein required or that causes the individual
to cease the use of the premises as the principal place of residence.
(d)
The cessation of the use for a period of time in excess of 30
days, except under the provisions relating to death or disability
herein set forth; or, a period of time not to exceed six months, or
as approved by the Zoning Officer in cases of legitimate vacation
or seasonal and other temporary closings of activity.
[Ord. 75-1, 1/6/1975]
1.
Health clubs, massage studios or parlors, health spas, exercise studios,
adult theaters, adult bookstores, or similar establishments shall
be permitted to conduct business as a conditional use under the terms
of this chapter as relate thereto following appropriate action by
the Township Supervisors. Whether or not any such film or book contains
any matter that consists of being an appeal to the prurient interest,
or whether or not the same contains any significant redeeming social
value, shall be matters to be determined by the Township Supervisors
in accordance with the applicable law applying thereto in matters
relating to the grant of conditional uses. In addition, the applicable
law of the Commonwealth of Pennsylvania insofar as the same are defined
under the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et
seq., as then in effect shall be considered so that any material that
is regarded as being obscene or lewd or otherwise prohibited or restricted
under the terms of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101
et seq., shall be deemed to be material that is restricted under the
reference to adult films and adult bookstores hereunder. The Township
Supervisors, in determining such matters, shall consider the attitude
of the community which for the purposes of this chapter, unless otherwise
prohibited by any state or federal law, shall be that of the citizens
and residents of Hepburn Township. Evidence may be received by the
Township Supervisors in determining these matters as they deem appropriate
and as permitted under the applicable law to determine standards of
the community of Hepburn Township or the standards of any other community
that may be relevant or applicable to their decision. In reaching
their decision, the Township Supervisors shall apply the standards
that exist under this chapter as applied to conditional uses generally
and as to the district in which the said activity is located and further
shall deny the conditional use if the premises upon which said activity
is carried on shall be located within any of the following distances
of any district, said distances being measured in a straight line
from the nearest boundary line of the said premises to the nearest
boundary line of the premises from which they are restricted:
A.
Within 100 feet of any of the residential district or residential
premises being used as a residence at the time the permit is applied
for, regardless as to the district in which it is situated.
B.
Within 750 feet of any church or school.
C.
Within 500 feet of any establishment licensed by the Pennsylvania
Liquor Control Board to sell any alcoholic beverages.
D.
Within 500 feet of any fire or police station.
E.
Within 750 feet of any restaurant, eating establishment or food store.
F.
Within 750 feet of any premises used as a theater, club or lodge,
service club, public park or recreational facility or where there
is a concentration of activities of people 17 years old or younger.
2.
Advertisements, displays, or other promotional materials for an adult
bookstore or an adult theater shall not be shown or exhibited so as
to be visible to the public form any street, sidewalk or other public
place.
3.
All building openings, entries, exits and windows, for an adult theater
or adult bookstore shall be located, covered, or screened in such
a manner as to prevent a view into the interior from any street, sidewalk
or other public place.
4.
An adult bookstore shall not be permitted to show any film that is
included under the definition of adult theater and shall not be permitted
to conduct any business activity or otherwise engage in any activity
that is included in the definition of and allowed as an adult theater.
An adult theater shall not be permitted to engage in any business
activity defined as or allowed as an adult bookstore.
5.
Where an applicant for conditional use permit to operate or maintain
an adult bookstore or adult theater has made a complete compliance
with all of the provisions of this chapter, all zoning laws and regulations
of the Township and all other ordinances and laws applicable thereto,
the Supervisors shall use and consider the following criteria, guidelines
and matters in determining whether such applicant shall be issued
the conditional use permit for which application has been made. Such
conditional use permit shall be issued upon the Supervisors making
all of the following findings:
A.
That the proposed adult bookstore or adult theater will not be contrary
to the public interest or injurious to nearby properties, and that
the spirit and intent of this chapter will be observed.
B.
That the proposed adult bookstore or adult theater will not enlarge
or encourage the development of a "skid row" area.
C.
That the establishment of an additional adult bookstore or adult
theater will not be contrary or deleterious to any program of neighborhood
conservation such as historic preservation, residential preservation,
nor will it interfere with any program of neighborhood revitalization.
D.
That all applicable regulations of this chapter and the Zoning laws
of this Township will be observed.
[Ord. 75-1, 1/6/1975; as added by Ord. 1986-1, 5/20/1986;
and as amended by Ord. 1988-1, 5/5/1988]
1.
Timber harvesting shall be a permitted use in R-C, R-M or R-S Districts
of the Township, provided that an application to conduct such activity
is filed with and a zoning permit is issued by the Zoning Officer.
2.
The following paragraphs set forth the additional items to those
otherwise set forth in this chapter which are to be included on a
permit application for a timber harvesting activity and also set forth
criteria by which the Zoning Officer shall determine whether or not
to issue the timber harvesting permit, in addition to the other criteria
of this chapter:
A.
A statement setting forth a listing of all state, federal or other
governing authority approvals, which must be obtained; the obtaining
and maintenance of such approvals shall be a mandatory requirement
of obtaining a zoning permit and of continuing the validity of the
permit. Should such approvals be revoked, the revocation of the same
shall be an automatic revocation of the zoning permit.
B.
The length of time required to complete the operations including
the necessary restoration, regrading and reseeding, which period of
time shall not exceed 18 months from the date of the permit application.
C.
A sketch in reasonable detail showing an outline of the tract on
which the timber harvesting activity is to be conducted; the portion
of the tract where the logging activity will take place; the locations
where access to public roads will be made; the other means of access
to the site of the logging activity; a depiction of the staging and
loading areas; any streams or waterways in the area of the activity.
The sketch shall also indicate the location and type of erosion and
sedimentation control and stormwater management and other drainage
measures which will be provided. A copy of any plans which may be
required to be prepared or maintained under any other governing law,
rule or regulation which pertains to the activity shall be attached
to the application or if not prepared at the time of application,
shall be filed with the Zoning Officer prior to the commencement of
the activity. The issuance of the permit shall be conditioned upon
the filing of such plans.
D.
The grant of such permit shall be further conditioned upon the agreement
of the landowner and the person or entity carrying out the timber
harvesting activity that:
(1)
The use of any Township roads, rights-of-way or easements, in
carrying out the timber harvesting activity, which subjects the same
to excessive weights, or damage in excess of the normal public traffic
thereon shall be the responsibility of the landowner and the person
or entity carrying out the timber harvesting activity and the issuance
of the permit shall impose upon them the obligation of maintaining,
repairing, grading and otherwise preserving the condition of the road
as it was of the time of commencement of the activity or as may be
improved by the Township during the time period in which the activity
is conducted. In addition, the activity shall be conducted in such
manner as shall provide for safety to and nonimpairment of the flow
of public traffic. Appropriate ditching of all Township roads affected
by the activity will be maintained. All access to the tract or tracts
involved from Township road(s) shall be such as approved by the Township
roadmaster who may require piping of the access drive if deemed necessary
to maintain appropriate ditching. At the time of issuance of the permit,
the roadmaster shall make an inspection of the Township road(s) involved
and shall make a record of their condition. The Township roadmaster
shall further advise the Township Zoning Officer as to any other maintenance,
grading or other requirements which may be reasonably necessary to
protect the integrity and safety of the Township road(s) affected
by the activity. The requirements may be varied from time to time
during the conduct of the activity, as may be reasonable under the
circumstances then prevailing. The Zoning Officer shall make continued
compliance with such requirements as they may be established from
time to time, a condition of the issuance and continued validity of
the permit.
(2)
A bond to guarantee the preservation of the integrity of the
Township roads used in the activity or in transporting equipment or
forest products to or from the site, in favor of the Township shall
be required to be filed with the Township Secretary prior to the commencement
of the timber harvesting activity. The amount of the bond shall be
in an amount per mile of Township road subject to use in the timber
harvesting activity as follows: (a) for unpaved roads, $1,000, and
(b) for macadam or similarly improved roads, $3,000. The amount of
said bond shall be prorated based upon the actual mileage involved
to the nearest tenth of a mile, provided that the minimum amount shall
not be reduced to below $1,000, otherwise, the bond shall be administered
in accordance with the provisions of this chapter relating to bonds.
(3)
The permit application shall indicate what restoration, regrading
and reseeding will be performed upon completion of the activity and
the issuance of the permit shall be conditioned upon the same taking
place; the Zoning Officer shall be conditioned upon the same taking
place; the Zoning Officer shall be assured that such regrading, reseeding
and restoration of the land shall be in accordance with the requirements
of any other governing authority and otherwise shall be such as shall
restore the lands involved to a reasonable condition and productive
use in the future, without detriment to adjoining tracts of lands
or roads.
3.
Applicability. This chapter shall apply to all operations undertaken
after the effective date hereof and to any existing operation. Any
existing operation may be continued for a period of six months without
compliance herewith; provided, that an application for a conditional
use is filed within 60 days after this effective date and provided
further that a conditional use permit is granted; otherwise, all existing
natural resource production uses and timber harvesting uses shall
be terminated within six months of the effective date of this chapter.
[Ord. 75-1, 1/6/1975; as added by Ord. 1986-1, 5/20/1986]
1.
No area
of the Township may be devoted to any commercial or noncommercial
storage, dump or disposal site for:
A.
Solid
waste, municipal waste, residential waste, or hazardous waste, as
defined under the provisions of the Pennsylvania Solid Waste Management
Act, 35 P.S. § 6018.101 et seq., and as may be amended from
time to time;
B.
Any coal
refuse or coal sludge including material defined as such by the applicable
laws of the Commonwealth of Pennsylvania;
C.
Any nuclear
waste.
[Ord. 75-1, 1/6/1975; as added by Ord. 1991-1, 3/15/1991;
as amended by Ord. 11.2.04, 11/2/2004, § 5; and by Ord.
8.5.2008, 8/5/2008]
1.
Home occupations may be conducted in an R-C, R-M, R-S or Village
District pursuant to a conditional use permit being issued therefore
and as limited by this section, in accordance with the following requirements:
A.
The area devoted to the permitted home occupation shall be located
wholly within either the operator's dwelling or a building accessory
thereto and shall be equivalent to not more than 25% of the total
floor area of the operator's dwelling, excluding the floor area covered
by an attached garage or similar accessory buildings.
B.
The persons permitted to be engaged in a permitted home occupation
shall be limited to the members of the household of the operator who
reside on the premises and not more than one employee, assistant or
associate who does not reside on the premises.
C.
There shall be no exterior alterations, additions or changes to the
structure in order to accommodate or facilitate a home occupation.
D.
In an R-S District, or where the adjacent properties are strictly
residential, a home occupation shall not in any way alter the residential
character of the neighborhood nor in any way adversely affect the
safe and comfortable enjoyment of the individual property rights of
the neighborhood in which the use is located.
E.
There shall be no exterior display, no exterior sign (except as permitted under § 27-617), no exterior storage of materials, no repetitive servicing by truck traffic, and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises.
G.
Examples of home occupations intended to be authorized hereby include:
art studios; barber shops, beauty parlors, dressmaking or millinery
activities, professional offices or teaching facilities for musical
and dance instruction limited to a single pupil at a time, offices
for various activities conducted off premises, or other activities
of a similar nature. A home occupation shall not be interpreted to
include: commercial stables and kennels, a restaurant, antique shop,
clinic, hospital, tea room, tourist home or rooming house, bed and
breakfast establishment, animal hospital or mortuary, teaching facilities
if more than a single pupil is in attendance at a time.
H.
No commercially licensed or unlicensed vehicles may be permitted
to be parked on the public right-of-way.
2.
No-impact Home-based Business.
A.
This chapter shall permit no-impact home-based business in all residential
zones of the Township as a use permitted by right so long as such
business or commercial activity satisfies the following requirements:
(1)
The business commercial activity shall be compatible with the
residential use of the property and surrounding residential uses.
(2)
The business/commercial activity shall employ no employees other
than family members residing in the dwelling.
(3)
There shall be no display or sale or retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business/commercial
use, including, but not limited to, parking signs, or lights.
(5)
The business/commercial activity may not use any equipment or
process which creates noise, vibration, glare, fumes, odors, electric
or electrical interference, including interference with radio or television
reception, which is detectable in the neighborhood.
(6)
The business/commercial activity shall not generate any solid
waste or sewage discharge in volume or type which is not normally
associated with a residential use in the neighborhood.
(7)
The business/commercial activity shall be conducted only within
the dwelling and may not occupy more than 25% of the habitable floor
area.
(8)
The business/commercial activity may not involve any illegal
activity.
B.
The provisions of this permitted right to a no-impact home-based
business shall not supersede any deed restriction, covenant or agreement
restricting the use of land nor any master deed, bylaw or other document
applicable to a common interest ownership community.
[Ord. 75-1, 1/6/1975; as added by Ord. 8.9.01, 8/9/2001,
§ 7]
1.
No building mounted communications antenna shall be located on any
single-family dwelling, two-family dwelling, conversion apartment,
or multi-family dwelling.
2.
No omnidirectional or whip communications antenna shall exceed 20
feet in height and seven inches in diameter.
3.
No directional or panel communications antenna shall exceed five
feet in height and three inches in width.
4.
Any applicant proposing a communications antenna to be mounted on
a building or structure shall submit evidence from a Pennsylvania
registered professional engineer certifying that the proposed installation
will not exceed the structural capacity of the building or other structure,
considering wind and other loads associated with the antenna location.
5.
Any applicant proposing a communications antenna to be mounted on
a building or other structure shall submit detailed construction and
elevation drawings indicating how the antennas will be mounted on
the structure for review for compliance with local state and federal
building codes and other applicable laws.
6.
Any applicant proposing a communications antenna to be mounted on
a building or other structure shall submit evidence or agreement and/or
easements necessary to service access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment facility can be accomplished.
7.
Every communications antenna shall comply with all applicable standards
established by the FCC governing human exposure to electromagnetic
radiation.
8.
No communications antenna shall cause radio frequency interference
with other communications facilities located in Hepburn Township.
9.
The owner or operator of a communications antenna shall be licensed
by the FCC to operate such antennas.
10.
All communications equipment facilities must be fenced in with a
fence of at least six feet and no greater than eight feet in height.
[Ord. 75-1, 1/6/1975; as added by Ord. 8.9.01, 8/9/2001,
§ 8; and as amended by Ord. 8.5.2008, 8/5/2008]
1.
The applicant shall demonstrate that it is licensed by the FCC to
operate a communications tower if applicable and communications antennas.
2.
The applicant shall demonstrate that the proposed communications
tower and antennas proposed to be mounted thereon comply with all
applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
3.
Communications towers shall comply with all applicable Federal Aviation
Administration, Commonwealth Bureaus of Aviation and applicable airport
zoning regulations.
4.
Any applicant proposing construction of a new communications tower
shall demonstrate that a good faith effort has been made to obtain
permission to mount communications antennas on an existing building
structure or communications tower.
5.
A good faith effort shall require that all owners of potentially
suitable structures within a 1/4 mile radius of the proposed communications
tower site be contacted and that one or more of the following reasons
for not using such said structure apply.
A.
The proposed antennas and related equipment would exceed the structural
capacity of the existing structure and its reinforcement cannot be
accomplished at a reasonable cost.
B.
The proposed antennas and related equipment would cause radio interference
with other existing equipment and the interference cannot be prevented
at a reasonable cost.
C.
Such existing structures do not have adequate location, space, access
or height to accommodate the proposed equipment or to allow it to
perform its intended function.
D.
Addition of the proposed antennas and related equipment would result
in electromagnetic radiation from such structures exceeding applicable
standard established by the FCC governing human exposure to electromagnetic
radiation.
E.
A commercially reasonable agreement could not be reached with the
owners of such structure.
6.
Access. Access shall be provided to the communications tower and
communications equipment building by means of a public street or easement
to a public street. The easement shall be a minimum of 20 feet in
width and shall be improved to a width of at least 10 feet with a
dust free, all weather surface for its entire length.
8.
Setback.
A.
Communications towers must be set back a distance equal to at least
100% of the height of the tower from any adjoining property line.
B.
The communications tower must also be located at a distance of at
least 125% of its height from any structure of the lot on which it
is located and any structure on an adjoining lot.
9.
Design.
A.
The base of a communications tower shall be landscaped so as to screen
the foundation and base of the communications equipment facility from
abutting properties.
B.
The communications equipment facility shall comply with the required
yards and height requirements of the applicable zoning district for
an accessory structure but at no time shall exceed 15 feet in height.
C.
The communications towers and equipment facilities must be of a neutral
color that is identical to or closely compatible with the building
or structure so as to make the antenna and equipment as visually unobtrusive
as possible.
D.
Roof-mounted antennas and equipment shall match existing air-conditioning
units, stairs, elevator towers or other background. When mounted on
the face of a building or structure, antennas shall be incorporated
into the vertical elements of the building or structure.
10.
Certification. The applicant shall submit from a Pennsylvania registered
professional engineer that a proposed communication tower will be
designed and constructed in accordance with current structure standards
for steel antennae towers and antenna supporting standards, published
by the Electrical Industrial Association/Telecommunications Industry
Association, or its successor, or if it no longer exists and has no
successor than a comparable association, and also the applicable requirements
of Hepburn Township and/or Pennsylvania ICC codes.
11.
Bond. Owner of the proposed tower must provide the Township with
a bond, or other financial security acceptable to the Township, in
the amount of at least $5,000, or in such greater amount deemed necessary
by Township to ensure the removal of an abandoned or destroyed tower.
12.
Insurance. The applicant shall submit a copy of its current FCC license,
the name, address and emergency telephone number for the operator
of the communications tower; and certificate of insurance evidencing
general liability coverage in the amount of $1,000,000 per occurrence
and property damage coverage in the minimum amount of $1,000,000 per
occurrence covering the communications tower facility and antennae.
13.
Guy Wires. All guy wires shall be clearly marked so as to be visible
at all times and shall be located within a fenced enclosure.
14.
Signs; Lights. No signs or lights shall be mounted on a communications
tower, except as may be required by the FCC Federal Aviation Administrative
or other governmental agency.
15.
Non-Use. If the communications tower remains unused for a period
of 12 consecutive months, the owner, operator shall dismantle and
remove the communications tower within six months of the expiration
of that twelve-month period.
[Ord. 75-1, 1/6/1975; as added by Ord. 8.9.01, 8/9/2001,
§ 9]
1.
Not Expansion of Nonconforming Use. Towers that are constructed,
and antennas that are installed in accordance with the provisions
of this chapter shall not be deemed to constitute the expansion of
a nonconforming use or structure.
2.
Preexisting Towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other than
routine maintenance on the preexisting tower shall comply with the
requirements of this chapter.
3.
Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Subsection 2, lawfully existing nonconforming towers or antennas that are damaged or destroyed may be rebuilt without first having to obtain administrative approval as a conditional use permit, and without having to meet the requirements herein. The type, height, and location of the tower shall be the same as the original, and the regulations applicable to the original shall apply to the rebuilding. A building permit for rebuilding shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna should be deemed abandoned.
[Ord. 75-1, 1/6/1975; as added by Ord. 03.01.2011.01, 3/1/2011,
§ 3]
1.
Personal Wind Energy Facilities. Personal wind energy facilities
may be permitted as an accessory use only in those zoning districts
of the Township and as specified in the district regulations. Every
application for a personal wind energy facility shall also meet the
requirements outlined below.
A.
Person wind turbine(s) shall be set back from all property lines
no less than a distance equal to their height.
B.
No personal wind energy turbine(s) shall exceed a maximum of 60 feet
in height measured from the elevation of the existing ground surface.
C.
All such wind turbine(s) shall have a demonstrated survival wind
speed of 140 miles per hour.
D.
There shall be no limitation on the kW capacity of personal wind
energy turbine(s) so long as they meet all requirements of this section
and pose no other danger to public health, safety or welfare.
E.
To avoid creating safety issues, personal wind energy turbine(s)
shall not be climbable up to 15 feet above the ground surface. Further,
all access doors to turbine electrical equipment shall be locked to
prevent entry by unauthorized persons.
F.
All personal wind energy facilities shall be designed, installed
and inspected in accordance with the requirements of the PA Uniform
Construction Code.
G.
The number of personal wind energy turbines permissible per lot shall
be as follows:
|
Lot Size
|
Maximum Number of Turbines
| |
|---|---|---|
|
< 1 acre to 5 acres
|
1 turbine
| |
|
5+ acres to 10 acres
|
2 turbines
| |
|
+10 acres
|
3 turbines
|
H.
If a personal wind energy turbine(s) is unused or generated no electricity
for a period of 12 consecutive months, the Township may consider the
turbine to be at the end of its useful life and may therefore instruct
the Zoning Officer to issue a notice to the property owner to dismantle
or remove the turbine and associated equipment from the site.
2.
Commercial Wind Energy Facilities. Commercial wind energy facilities
may be permitted only in those zoning districts as specified in the
district regulations. Applications for such uses shall also be subject
to the requirements set forth below, as well as other applicable state
or federal regulations.
A.
Purpose and Applicability. The purpose of these regulations is to
provide for construction and operation, and decommissioning of commercial
wind energy facilities in Hepburn Township, subject to reasonable
conditions that will protect the public health, safety and welfare.
The regulations are intended to apply to all new wind energy facilities
as defined herein. Wind energy facilities constructed prior to the
effective date of this section shall not be required to meet the requirements
of this section, provided however, that any physical modification
to an existing wind energy facility that materially alters the size,
type and number of wind turbines or other equipment shall comply with
the stated provisions of this section.
B.
Application and Plan Requirements. Applications for wind energy facilities
shall at a minimum include the following information:
(1)
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 wind turbines to be constructed,
including their generating capacity, dimensions and respective manufacturers,
and a description of ancillary facilities.
(2)
An affidavit or similar evidence of agreement between the property
owner and the facility owner or operator demonstrating that the facility
owner or operator has the permission of the property owner to apply
for necessary permits for construction and operation of the facility.
(3)
Identification of the properties on which the proposed wind
energy facility will be located, and the properties adjacent to the
site of the facility.
(4)
A site plan showing the planned location of each wind turbine,
property lines, setback lines, access road and turnout locations,
substations, electrical cabling from the facility to the substations,
ancillary equipment, buildings and structures, including permanent
meteorological towers, associated transmission lines, and layout of
all structures within the geographical boundaries of all applicable
setbacks.
(5)
Documents relating to decommissioning, including a schedule
for such process and financial security as described herein.
(6)
Other relevant studies, reports, certifications and approvals
as may be reasonably required by Hepburn Township to ensure compliance
with this section.
C.
Design and Installation.
(1)
Code Requirements and Safety Certifications.
(a)
To the extent applicable, the wind energy facility shall comply
with the PA Uniform Construction Code, Act 45 of 1999, as amended,
and the regulations adopted by the PA Department of Labor and Industry.
In addition, the applicant shall provide sufficient documentation
showing that the wind energy facility will comply with all applicable
requirements of the Federal Aviation Administration (FAA) and the
Commonwealth Bureau of Aviation.
(b)
The design of the facility shall conform to all applicable industry
standards, including those of the American National Standards Institute.
The applicant shall submit certificates of design compliance obtained
by the equipment's manufacturers from Underwriters Laboratories, Det
Norske Veritas, Germanischer Lloyd Wind Energies, or other similar
certifying organizations.
(2)
Control and Brakes. All wind energy facilities shall be equipped
with a redundant braking system. This includes 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 over-speed protection.
(3)
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.
(4)
Visual Appearance: Power Lines.
(a)
Wind energy facilities shall be a non-obtrusive color such as
white, off-white, or gray.
(b)
Wind energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulated air safety.
(c)
Wind turbines shall not display advertising, except for reasonable
identification of the turbine(s) manufacturer, facility owner and
operator.
(d)
On-site transmission line between wind turbines shall, to the
maximum extent practicable, be placed underground.
(5)
Warnings. A clearly visible warning sign concerning voltage
must be placed at the base of all pad-mounted transformers and substations.
Visible reflective, colored objects, such as flags, reflectors, or
tape shall be placed on the anchor points of guy wires and along the
guy wires up to a height of 10 feet from the ground.
(6)
Climb Protection/Locks. Wind turbines shall not be climbable
up to 15 feet above ground surface. All access doors to wind turbines
and electrical equipment shall be locked or fenced, as appropriate,
to prevent entry by nonauthorized persons.
D.
Setback Requirements.
(1)
Property Lines. All wind turbines shall be set back from the
nearest property line a distance not less than 1.1 times the turbine
height, as measured from the center of the turbine base.
(2)
Occupied Buildings. Wind turbines shall be set back from the
nearest occupies building a distance not less than 1.1 times the turbine
height, as measured from the center or the turbine base to the nearest
point on the foundation of the occupied building. For occupied buildings
located on a nonparticipating landowner's property, wind turbines
shall be set back a distance of five times the turbine height, as
measured from the center of the turbine base to the nearest point
on the foundation of the occupied building.
(3)
Public Roads. All wind turbines shall be set back from the nearest
public road a distance of not less than 1.1 times the turbine height,
as measured from the right-of-way line to the nearest public road
to the center of the wind turbine base.
E.
Use of Public Roads.
(1)
The applicant shall identify all state and local public roads
to be used within Hepburn Township to transport equipment and parts
for construction, operation or maintenance of the wind energy facility.
(2)
The Township's Engineer of a qualified third party engineer,
hired by the Township and paid for by the applicant, shall document
road conditions prior to construction and again 30 days after construction
is complete, as weather permits.
(3)
The Township may post or require bonds on local roads in compliance
with the applicable state regulations, including Chapter 49 of the
PA Vehicle Code and Chapter 189 of the PA Transportation Code.
(4)
Any damage caused by the applicant or his contractors shall
be promptly repaired at the applicant's expense.
(5)
The applicant shall demonstrate to the Township that it has
appropriate financial security to ensure the prompt repair of any
damaged roads.
F.
Local Emergency Services. The applicant shall provide a copy of the
project summary and site plan to local emergency services providers,
including paid and volunteer fire departments. At the request of such
emergency services providers, the applicant shall cooperate in the
development and implementation of an emergency response plan for the
wind energy facility.
G.
Noise and Shadow Flicker. Audible sound from a wind energy facility
shall not exceed 55 dBA, as measured at the exterior of any occupied
building on a nonparticipating landowner's property. 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 AWEA Standard 2.1 - 1989 titled Procedures for the Measurement
and Reporting of Acoustic Emissions from Wind Turbine Generation Systems
Volume 1: First Tier: The facility owner and operator shall make reasonable
efforts to minimize shadow flicker to any occupied building on a non-participating
landowner's property.
H.
Signal Interference. A current general liability policy (adjusted
annually to the rate of inflation) covering bodily injury and property
damage with limits of at least $1,000,000 per occurrence and $3,000,000
in the aggregate shall be maintained by the facility owner or operator.
Certificates of insurance shall be provided to the Township as a part
of the applicant's application and annually thereafter until decommissioning
is complete.
I.
Decommissioning.
(1)
The facility owner or operator shall, at this expense, complete
decommissioning of the wind energy facility, or individual wind turbines,
within 12 months after the end of the useful life of the facility
or wind turbines. Such facility or wind turbines shall be presumed
to be at the end of its useful life if no electricity is generated
for a continuous period of 12 months.
(2)
Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches, and any other associated facilities.
(3)
Disturbed earth shall be graded and re-seeded, unless the landowner
requests in writing that the access roads or other land surface area
not be restored.
(4)
An independent and certified Professional Engineer shall be
retained to estimate the cost of decommissioning without regard to
salvage value of the equipment. Said estimates shall be submitted
to Hepburn Township after the first year of operation and every fifth
year thereafter.
(5)
The facility owner or operator shall post and maintain decommissioning
funds in an amount equal to the identified decommissioning costs;
provided, that at no point shall be decommissioning funds be less
than 25% of the decommissioning costs. The decommissioning funds shall
be posted and maintained with a bonding company or federal or commonwealth
chartered lending institution chosen by the facility owner or operator
and participating land owner posting the financial security, provided
that the bonding company or lending institution is authorized to conduct
business with the commonwealth and is approved by Hepburn Township.
(6)
Decommission funds may be in form of a performance bond, surety
bond, letter of credit, corporate guarantee or other form of financial
assurance as me be acceptable by Hepburn Township.
(7)
If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection 2I(1) above, then the land owner shall have six months to complete the decommissioning.
(8)
If neither the facility owner or operator, nor the land owner complete decommissioning within the periods described in Subsection 2I(1) and (7) above, then Hepburn Township shall take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating land owner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
(9)
The escrow agent shall release the decommissioning funds when
the facility owner or operator has demonstrated and the Township concurs
that decommissioning has been satisfactorily completed, or upon written
approval of the Township in order to implement the decommissioning
plan.
J.
Public Inquiries and Complaints. The facility owner and operator
shall maintain a phone number and identify a responsible person for
the public contact with inquiries and complaints throughout the life
of the project. The facility owner and operator shall make every reasonable
effort to respond to the public's inquiries and complaints.
[Ord. 75-1, 1/6/1975; as added by Ord. 8.05.2008, 8/5/2008,
§§ IB, II; and as amended by Ord. 11.04.2008.02, 11/4/2008,
§§ IB, II]
1.
Kennels. Kennels are permitted in the A, and R-C Zoned Districts
and shall be subject to the following restrictions:
A.
Kennels must be located in the center area of lots with a minimum
area of 20 acres.
B.
Kennels shall be effectively screened from adjacent residential properties
and shall not be detrimental to any abutting commercial use.
C.
The kennel wall shall be completely enclosed with a chain link fence
or wall.
D.
The kennel area shall be located at least 1,000 feet from any residential
structure on adjoining properties or otherwise.
E.
All outdoor lighting shall be mounted and shielded in a way so as
to avoid causing glare on adjacent lots or properties.
F.
Adequate arrangements shall be made for the disposal of excrement,
waste or animal parts and other refuse, to the satisfaction of the
Township, the commonwealth or other governing entity. Said waste shall
not cause odor, dust or other noxious effects that could be considered
a public nuisance.
2.
Horse Keeping and Commercial Stables. Horse keeping and commercial
stables are permitted in the following districts R-C, A and R-M, and
shall be regulated as follows:
A.
The minimum area of any parcel proposed for the keeping, whether
essential to a residential use or as a commercial stable, shall be
two acres.
B.
The maximum number of horses permitted as an accessory or incidental
use on a residential property shall be one per acre of land. In the
case of commercial stables, the maximum number of horses permitted
shall be two per acres.
C.
Stables or houses for horses shall not be constructed or located
within 100 feet of an abutting property owned or occupied by a person
other than the owner or occupant of the property on which such stable
or housing is located, or within 100 feet of a public right-of-way.
D.
Stables, pastures, or animal yards shall not be utilized for the
keeping of horses in any manner that is detrimental to the adjacent
property.
E.
Horses shall not be stabled, pastured, or otherwise kept within 1,000
feet of a drinking water reservoir (used for human consumption) unless
it can be proven to the Township that any runoff will be directed
away from the reservoir and the public health, safety and welfare
will not be negatively impacted, and in such cases, a two-hundred-foot
buffer must be maintained. This shall not be interpreted to preclude
the riding of horses or establishment of bridle trails closer than
the specified distance, provided that the regulating authorities and
abutting landowners approve of the same.
F.
Horses shall not be stabled, pastured or kept within 100 feet of
an active well (used for human consumption) nor shall they be stabled,
pastured or kept in any manner whatsoever that causes drainage or
water runoff from the stable, pasture or animal yard to flow within
100 feet of an active well.
G.
Storage and/or stockpiling of manure or animal waste shall be in
compliance with the Pennsylvania Nutrient Management Act or any amendments
thereof. If the Nutrient Management Act is not applicable, storage
and/or stockpiling shall be done in a manner that would not diminish
the rights, use, enjoyment, health and safety of adjoining properties
and/or property owners.
H.
All horses shall be kept in pens or other enclosures designed and
maintained for secure confinement.
3.
As of the date of the adoption of the amendment to this section by
Ord. 11.04.2008-02, 11/4/2008, the above provisions will be applicable
to newly permitted kennels, horse keeping and commercial stables.
All uses existing at the time of passage shall be grandfathered.
[Ord. 75-1, 1/6/1975; as added by Ord. 09.06.2011, 9/6/2011,
§§ 1 — 8, 10; and amended by Ord. 10.13.2015,
10/13/2015, § 1]
1.
Purpose. The purpose of this section is to provide for the health,
safety and welfare of the residents of Hepburn Township, through zoning
and floodplain management provisions, for the reasonable development
of land for oil and gas drilling while providing adequate health,
safety and general welfare protections of Township residents. Oil
and gas exploration, drilling and extraction operations involve activities
that are economically important and will impact the Township. Accordingly,
it is necessary and appropriate to adopt reasonable requirements for
oil and gas resource development so that these resources can be obtained
in a manner that is economically remunerative, and that minimizes
the potential impact on the residents of the Township.
2.
APPLICANT
BUILDING
COLLECTOR STREET
DEPARTMENT
DERRICK
DRILLING PAD
FRACKING
LOCAL STREET
NATURAL GAS COMPRESSOR STATION
NATURAL GAS PROCESSING PLANT
OIL AND GAS
OIL AND GAS DEVELOPMENT or DEVELOPMENT
OIL OR GAS WELL
OIL OR GAS WELL SITE
OPERATOR
OWNER
STORAGE WELL
Definitions.
Any person, owner, operator, partnership, company, corporation
and its subcontractors and agents who has an interest in real estate
for the purpose of exploring or drilling for, producing, or transporting
oil or gas.
An occupied structure with walls and roof wherein persons
live or customarily work. The term shall not include a barn, shed
or other storage building.
A public street or road which, in addition to providing access
to abutting lots, intercepts local streets and provides a route for
carrying considerable volumes of local traffic to community facilities
and arterial streets.
The Department of Environmental Protection of the commonwealth.
Any portable framework, tower mast and/or structure which
is required or used in connection with drilling or re-working a well
for the production of oil or gas.
The area of surface operations surrounding the surface location
of a well or wells. Such area shall not include an access road to
the drilling pad.
The process of injecting water, customized fluids, sand,
steam, or gas into a gas well under pressure to improve gas recovery.
A public street or road designed to provide access to abutting
lots and to discourage through traffic.
A facility designed and constructed to compress natural gas
that originates from a gas well or collection of such wells operating
as a midstream facility for delivery of gas to a transmission pipeline,
distribution pipeline, natural gas processing plant or underground
storage field, including one or more natural gas compressors, associated
buildings, pipes, valves, tanks and other equipment.
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets but not including facilities or equipment that is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from the natural gas.
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents or similar substances
that are produced by drilling an oil or gas well.
The well site preparation, construction, drilling, redrilling,
hydraulic fracturing, and/or site restoration associated with an oil
or gas well of any depth; water and other fluid storage, impoundment
and transportation used for such activities; and the installation
and use of all associated equipment, including tanks, meters, and
other equipment and structures whether permanent or temporary; and
the site preparation, construction, installation, maintenance and
repair of oil and gas pipelines and associated equipment and other
equipment and activities associated with the exploration for, production
and transportation of oil and gas. The definition does not include
natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions.
A pierced or bored hole drilled or being drilled in the ground
for the purpose of, or to be used for, producing, extracting or injecting
gas, oil, petroleum or another liquid related to oil or gas production
or storage, including brine disposal.
The location where facilities, structures, materials and
equipment whether temporary or permanent, necessary for or incidental
to the preparation, construction, drilling, production or operation
of an oil or gas well. This definition also includes exploratory wells.
The person designated as the well operator on the permit
application or well registration.
A person, who owns, manages, leases, controls or possesses
an oil or gas well.
A well used for and in connection with the underground storage
of natural gas, including injection into or withdrawal from an underground
storage reservoir for monitoring or observation of reservoir pressure.
3.
Zoning Classifications. Subject to the provisions of this section:
A.
An oil or gas well site, or a natural gas compressor station, or
a natural gas processing plant, or any similar facilities performing
the equivalent functions may be permitted through a hearing and the
granting of a "conditional use permit" in the following zoned districts:
Residental Conservation, Residential Medium Density, Residential Suburban,
Commercial Highway and Agriculture Zoned Districts.
B.
A natural gas compressor station or natural gas processing plant
or any similar facilities performing the equivalent functions which
would be located less than 1,000 feet from any preexisting building
which is located off the property where the natural gas compressor
station or the natural gas processing plant or similar facility is
located through a "conditional use permit" in the following districts:
Residential Conservation, Residential Medium Density, Residential
Suburban, Commercial Highway and Agriculture Zoned Districts.
4.
Applicability.
A.
This section applies to all oil and gas well sites, natural gas compressor
stations, and natural gas processing plants that will be permitted
or constructed after the effective date of this section.
B.
Oil and gas well sites, natural gas compressor stations, and natural
gas processing plants that were permitted or constructed prior to
the adoption of this section shall not be required to meet the requirements
of this section; provided that any modification to an existing or
permitted oil or gas well site that occurs after the effective date
of this section and materially alters the size, type, location, number
of wells and other accessory equipment or structures, or any physical
modifications to an existing natural gas compressor station or natural
gas processing plant shall require compliance with and a permit under
this section.
C.
Federal or state law or regulation preempts ordinance requirements
that conflict with federal or state statute or regulation. Township
acknowledges that it is preempted from regulating the operational
methods of the oil and gas industry and may only regulate land uses.
5.
Permit Requirement.
A.
No oil or gas well site, natural gas compressor station, or natural
gas processing plant or an addition to an existing oil or gas well
site, natural gas compressor station, or natural gas processing plant
shall be constructed or located within Hepburn Township unless a permit
has been issued by the Township to the owner or operator approving
the construction or preparation of the site for oil or gas development
or construction of natural gas compressor stations or natural gas
processing plants.
B.
The permit application, or amended permit application, shall be accompanied
by a fee as established in the Township schedule of fees.
C.
Any modification to an existing and permitted oil or gas well site
that materially alters the size, location, number of wells or accessory
equipment or structures, or any modification to an existing natural
gas compressor station or natural gas processing plant shall require
a modification of the permit under this section. Like-kind replacements
shall not require a permit modification.
6.
Pre-application Conferences.
A.
Purpose. Before submitting an application the applicant is strongly
encouraged to meet with the Township staff to determine the requirements
of and the procedural steps and timing of the application. The intent
of this process is for the applicant to obtain necessary information
and guidance form the Township staff before entering into any commitments
or incurring substantial expenses with regard to the site and plan
preparation.
B.
Process. A pre-application conference is voluntary on the part of
the applicant and shall not be deemed the beginning of the time period
for review as prescribed by law. The pre-application conferences are
intended for the benefit of the applicant in order to address the
required permit submittals and are advisory only, and shall not bind
the Township to approve any application for a permit or to act within
any time limit relative to the date of such conference.
7.
Permit Application.
A.
The applicant shall provide to the Township at the time of permit
application:
(1)
A narrative describing an overview of the project including
the number of acres to be involved, the number of wells to be drilled,
and the location, and number and description of equipment and structures
to the extent known.
(2)
A narrative describing an overview of the project as it relates
to natural gas compressor stations or natural gas processing plants.
(3)
The address of the oil or gas well site, natural gas compressor
station or natural gas processing plant as determined by the Township
or county for information of emergency responders.
(4)
The contact information of the individual or individuals responsible
for the operation and activities at the oil or gas well site shall
be provided to the Township and all emergency responders. Such information
shall include a phone number where such individual or individuals
can be contacted 24 hours per day, 365 days a year. Annually, or upon
any change of relevant circumstances, the applicant shall update such
information and provide it to the Township and all emergency providers.
(5)
A location map of the oil or gas well site showing the approximate
location of derricks, drilling rigs, equipment and structures and
all permanent improvements to the site and any post construction surface
disturbance in relation to natural and other surroundings. Included
in this map shall be an area within the development site for the location
and parking of vehicles and equipment used in the transportation of
personnel and/or development and use of the site. Such location shall
be configured to allow the normal flow of traffic on public streets
shall be undisturbed.
(6)
A location map of the natural gas compressor station or natural
gas processing plant including any equipment and structures and all
permanent improvements to the site.
(7)
A narrative and map describing the manner and routes for the
transportation and delivery of equipment, machinery, water, chemicals
and other materials used in the siting, drilling, construction, maintenance
and operation of the oil or gas well site.
(8)
A certification or evidence satisfactory to the Township that,
prior to the commencement of any activity at the oil or gas well site,
the applicant shall have accepted and complied with any applicable
bonding and permitting requirements; and shall have entered into a
Township roadway maintenance and repair agreement with the Township,
in a fatal acceptable to the Township solicitor, regarding the maintenance
and repair of the Township streets that are to be used by vehicles
for site construction, drilling activities and site operations.
(9)
A description of, and commitment to maintain, safeguards that
shall be taken by the applicant to ensure that Township streets utilized
by the applicant shall remain free of dirt, mud and debris resulting
from site development activities; and the applicant's assurance that
such streets will be promptly swept or cleaned if dirt, mud and debris
occur as a result of applicant's usage.
(10)
Verification that a copy of the operation's preparedness, prevention
and contingency plan has been provided to the Township and all emergency
responders.
(11)
A statement that the applicant, upon changes occurring to the
operation's preparedness, prevention and contingency plan, will provide
to the Township and all emergency responders the dated revised copy
of the preparedness, prevention and contingency plan while drilling
activities are taking place at the oil or gas well site.
(12)
Assurance that, at least 30 days prior to drilling, the applicant
shall provide an appropriate site orientation and training course
of the preparedness, prevention and contingency plan for all emergency
responders. The cost and expense of the orientation and training shall
be sole responsibility of the applicant. The applicant shall not be
required to hold more than one site orientation and training course
annually under this section.
(13)
A copy of the documents submitted to the department, or if no
document has been submitted to the department, a narrative describing
the environmental impacts of the proposed project on the site and
surrounding land and measures proposed to protect or mitigate such
impacts.
(14)
A copy of all permits and plans from appropriate regulatory
agencies or authorities issued in accordance to environmental requirements.
(15)
A copy of all permits and plans from the appropriate regulatory
agencies or authorities issued in accordance with applicable laws
and regulations for the proposed use.
B.
Within 15 business days after receipt of a permit application and
the required fee, the Township will determine whether the application
is complete and adequate and advise the applicant accordingly.
C.
The conditional use hearing shall be held in accordance with applicable
laws and regulations.
8.
Design and Installation.
A.
Access. Accepted professional standards pertaining to minimum traffic
sight distances for all access points shall be adhered to.
B.
Structure Height.
(1)
Permanent structures associated with oil and gas site, both
principal and accessory, shall comply with the height regulations
for the zoning district in which the oil or gas well site is located.
(2)
Permanent structures associated with natural gas compressor
stations or natural gas processing plants shall comply with the height
regulations for the zoning district in which the natural gas compressor
station or natural gas processing plant is located.
(3)
There shall be an exemption to the height restrictions contained
in this section for the temporary placement of drilling rigs, drying
tanks, and other accessory uses necessary for the actual drilling
or redrilling of an oil or gas well.
(a)
The duration of such exemption shall not exceed the actual time
period of drilling or redrilling of an oil or gas well.
(b)
Provided further, the time period of such drilling and exemption
shall not exceed six months.
(c)
The operator shall give the Township prior written notice of
the beginning date for its exercise of the exemption.
C.
Setbacks.
(1)
Natural gas compressor stations or natural gas processing plants
shall comply with all setback and buffer requirements of the zoning
district in which the natural gas compressor station or natural gas
processing plant is located.
(2)
Exemption from the standards established in this subsection
may be granted by the Township upon a showing by the operator that
it is not feasible to meet the setback requirements from surface tract
property lines and that adequate safeguards have or will be provided
to justify the exemption.
D.
Screening and Fencing.
(1)
Security fencing shall not be required at oil or gas well sites
during the initial drilling, or redrilling operations, as long as
manned twenty-four-hour on-site supervision and security are provided.
(2)
Emergency responders shall be given means to access oil or gas
well site in case of an emergency.
(3)
Warning signs shall be placed on the fencing surrounding the
oil or gas well site providing notice of the potential dangers and
the contact information in case of an emergency.
(4)
In construction of oil or gas well sites the natural surroundings
should be considered and attempts made to preserve existing trees
and other native vegetation.
E.
Lighting.
(1)
Lighting at the oil or gas well site, or other facilities associated
with oil and gas drilling development, either temporary or permanent,
shall be directed downward and inward toward the activity, so as to
minimize the glare on public roads and nearby buildings within 100
feet of the oil or gas well development.
(2)
Lighting at a natural gas compressor station or a natural gas
processing plant shall, when practicable, be limited to security lighting.
F.
Noise.
(1)
The applicant shall take the following steps to minimize, to
the extent possible, noise resulting from the oil or gas well development.
(2)
Prior to drilling of an oil or gas well or the operation of
a natural gas compressor station or a natural gas processing plant,
the applicant shall establish by generally accepted testing procedures,
the continuous seventy-two-hour ambient noise level at the nearest
property line of a residence or public building, school, medical,
emergency or other public facility, or 100 feet from the nearest residence
or, public building, medical, emergency or other public facilities,
whichever point is closer to the affected residence or public building,
school medical, emergency or other public facility. In lieu of the
establishment of the ambient noise level established by the continuous
seventy-two-hour test the applicant may assume and use, for the purpose
of compliance with this section, a default ambient noise level of
55 dBA. The sound level meter used in conducting any evaluation shall
meet the American National Standard Institute's standard for sound
meters or an instrument and the associated recording and analyzing
equipment, which will provide equivalent data.
(3)
Exemption from the standards established in this subsection
may be granted by the Township during the drilling stage or at the
oil or gas well site, or the gas compressor station, or at the natural
gas processing plant for good cause shown and upon written agreement
between the applicant and the Township.
(4)
Complaints received by the Township shall be addressed by the
applicant, within 24 hours following receipt of notification by continuously
monitoring for a period of 48 hours at the nearest property line to
the complainant's residential or public 100 feet from the complainant's
residential or public building, school medical, emergency or other
public facilities, whichever is closer. The applicant shall report
the findings to the Township and shall mitigate the problem to the
allowable level if the noise level exceed the allowable rate.
(5)
Natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions shall be constructed
so as to mitigate sound levels, or have installed mitigation devices
to mitigate sound levels that would otherwise exceed the ambient noise
level standards at residential or public buildings, medical, emergency
or other public facilities.
G.
Prohibitions. Drilling is prohibited in the one-hundred-year floodplain
as designated as such in the Flood Insurance Study (FIS) and shown
on the Federal Emergency Management Agency (FEMA) maps.
9.
Penalties. Any owner, operator, or other person who violates or permits
a violation of this chapter upon being found liable therefore in a
civil enforcement proceeding before a Magisterial district judge,
shall pay to the Township a fine of not more than $500, plus all court
costs, including, but not limited to, reasonable attorney's fees incurred
by the Township on account of such violation. No penalty or cost shall
be imposed until the date the determination of the violation by the
magisterial district judge becomes final. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment as provided by law. Each day a violation exists after final
judgment shall constitute a separate offense. The amount of the fine
imposed shall be multiplied by the number of such days and may be
charged and collected as a judgment by the Township without further
judicial proceedings. Further, the appropriate officers or agents
of the Township are hereby authorized, to issue a cease and desist
notice and/or to seek equitable relief, including injunction, to enforce
compliance herewith. No bond shall be required of the Township if
the Township seeks injunctive relief.
[Ord. 75-1, 1/6/1975; as added by Ord. 12.06.2011(1), 12/6/2011,
§§ II-VI, VIII; and as amended by Ord. 12.06.2011(2),
12/6/2011, §§ I, II, IV]
1.
Permits.
A.
It shall be unlawful for any person to construct or maintain a campground
within Hepburn Township, Lycoming County, Pennsylvania, without first
having secured a permit from the Township.
B.
Application for such permit shall be taken by the Hepburn Township
Zoning Officer who shall make the decision to approve or deny the
permit.
C.
The campground permit fee shall be _________ dollars and one __________
dollars per camping space, such permit to be renewed annually at a
fee of $25 at a time specified by the Supervisors.
D.
The permit shall be valid only for the campground for which application
is made.
2.
Plan.
A.
Application for a campground permit shall be accompanied by a plan
for the proposed development. Such plan shall include the location
of all streets and roads, campsites, utility services, buildings,
recreation areas, and other facilities. The plan shall be drawn at
an appropriate scale to provide ease of review, but at no less than
one inch equals 100 feet.
B.
The plan shall show the property lines of adjacent properties, together
with the land use of such adjacent properties.
3.
Supplemental Controls.
A.
The minimum tract size for a campground shall be five acres.
B.
The maximum number of camping spaces within each campground shall
be no more than 10 per acre of the total area of the tract or tracts.
C.
Each camping space shall be numbered and shall have a minimum area
of 2,500 square feet. All campers or tents in a campground shall be
assigned to a camping space. No camping space shall have more than
one camper or two tents assigned to it. The placement of any camper
or other type of camper trailer, truck camper, or vehicle is prohibited
in the Floodway Zoned District.
D.
The campground owner shall be responsible for the maintenance of
all campground facilities, including areas designated as open space,
streets, sewage disposal and water supply systems, and solid waste
collection.
E.
Flood Evacuation Plans.
(1)
Any person owning and/or operating a campground within the Floodplain
of Hepburn Township, Lycoming County, at the time of adoption of this
section shall provide the Township with a flood evacuation plan. Whenever
such uses are situated in the floodplain, the campground owner shall
be ultimately responsible for evacuation of all units within the campground
prior to the occurrence of an anticipated flood event. In addition,
the campground owner shall maintain on file, with the Township Secretary,
an evacuation plan which includes the following:
(a)
A narrative description of the manner in which the site will
be safely evacuated upon public announcement of a possible flood event
by the National Weather Service or the Emergency Management Agency.
(b)
Sufficient evidence that all recreational vehicles, campers,
travel trailers, and similar temporary uses will be removed from the
regulatory floodplain prior to the occurrence of a flood event.
(c)
The designation of an appropriate site to store each unit during
the flood emergency.
(d)
The name, address and telephone number of the campground owner,
individuals designated to remove each unit during a flood emergency
and other responsible parties such as park management and maintenance
personnel and all persons responsible as backup.
(f)
Confirmation from the applicant that park rules and regulations,
in addition to the evacuation plan has been conspicuously posted at
park entrances and at a central location of the campground.
(g)
Make application for a permit, including a plan of the existing
campground.
(2)
Any person owning and/or operating a campground at the time
of adoption of this section shall within one year submit an evacuation
plan for his campground complying with the requirements of this section.
F.
The owner of a campground shall provide a minimum of two deciduous
trees per campsite with a tree caliber of not less than 2 1/2
inches. New trees are to be of indigenous (native) species. Pre-existing
trees may satisfy this requirement.
G.
The campground layout must demonstrate compliance with all of the
requirements of the Pennsylvania Department of Environmental Protection
and regulations found in 28 Pa. Code, Chapter 19, regarding organized
camps and campgrounds.
H.
The campsite standards of the Department of Conservation and Natural
Resources, Bureau of Facility Design and Construction, shall be used
as a guide for campsite layout and construction, taking into account
local site constraints such as topography and vegetation.
I.
Campground space may be leased or rented to the same user for maximum
time periods of no more than six continuous months.
J.
A buffer strip of at least 100 feet wide shall be maintained from
any camp space to exterior property lines, or existing public roads
or highways.
K.
Bufferyard shall be required along property lines to effectively
screen the campground in accordance with the standards in this chapter.
L.
Parking. Parking may be provided either on street or on each camping
site. Camping site parking shall provide a clean, level, well-drained
area of no less than eight-foot by twenty-foot dimensions.
M.
Streets and Roads. Each camping site shall front upon an approved
street or road.
(1)
One-way streets and roads with camping site parking shall have
an improved surface of no less than 12 feet.
(2)
Two-way streets and roads with camping site parking shall have
an improved surface of no less than 20 feet.
(3)
One-way streets and roads with on-street parking on one side
shall have an improved surface of no less than 20 feet, and 28 feet
for parking on both sides.
(4)
Two-way streets and roads with on-street parking shall have
an improved surface of no less than 28 feet for one-side parking,
and 36 feet for both side parking.
(5)
Streets and roads shall be graded to provide positive drainage
from the road surface. Drains and culverts shall be provided as necessary
to maintain proper drainage.
(6)
Streets and roads shall have a maximum grade of 6% except for
sections of no more than 100 feet in length which may exceed 6%, but
in no case shall exceed 10%.
(7)
Streets and roads shall be all weather constructed. Road oil,
calcium or other suitable material shall be applied in an amount and
frequency as necessary to control dust.
4.
Compliance with Other Regulations.
A.
All campgrounds shall comply with the rules and regulations of the
commonwealth and regulations of the Commonwealth of Pennsylvania,
Department of Health, as set forth in Article 413, Chapter 4, "Regulations
for Control of Sanitation in Organized Camps and Campgrounds" adopted.
April 25, 1968, as amended.
B.
Violation of the above shall constitute violation of this section
and such violator shall be subject to penalties described herein.
5.
Additional Requirements. In addition to compliance with the standards
set forth in this section, the Township Supervisors may make additional
requirements as deemed necessary to protect the health, safety, morals
and general welfare of the public. Such additional requirements shall
be included in the plan for the campground and shall be complied with
prior to issuance of renewal of a permit.
6.
Each campground shall have an office in which shall be kept copies
of all records pertaining to the management and supervision of the
campground. Such records shall be available for inspection by the
authorized officers of the Township. The permit from the Township
shall be on display in a conspicuous place on the premises at all
times.
7.
Penalties.
A.
Any person violating any provision of this section shall, upon conviction
thereon, in a summary proceeding before a magisterial district judge
in Lycoming County, Pennsylvania, pay a fine of up to $1,000. Each
day that the violation continues shall constitute a separate violation.
In default of payment of any fine or costs imposed under the provisions
of this section, any person so convicted will have permit lifted and/or
may be committed to the county jail for a period not exceeding 30
days.
B.
In addition to the penalty set forth in Subsection 7A above, the
Township Supervisors are hereby authorized, or their duly appointed
representative is hereby authorized, to issue stop, cease, and desist
orders to any person who violates any provision of this section by
the institution of appropriate action or proceedings, as law or in
equity to enjoin and restrain any such person from violating any provision
of this section.
[Ord. 75-1, 1/6/1975; as added by Ord. 04.09.2013, 4/9/2013,
§ 1]
1.
Minimum lot area used for a storage facility shall be two acres.
2.
Each facility must provide for emergency vehicle access at all times.
3.
No structure may exceed one story in height.
4.
Total lot coverage by structures shall be limited to 50% of the total
lot area and for the self-storage facility.
5.
All land developing regulations apply, such as, but not limited to,
buffers and screening, parking, signs, setbacks, building codes and
inspections, land development plans, lighting, fencing, landscaping,
etc.
6.
No self-storage unit within the self-storage facility shall contain
electric outlets for use by tenants.
7.
Self-storage units shall be used solely for the storage of goods
and possessions and shall not be used for conducting or operating
a business, hobby or any type of activity not related to the storage
of personal property.
8.
No self-storage unit shall be used for storage of explosive ammunition,
or hazardous or flammable materials and the operator/owner of a self-storage
facility shall include such a requirement in its written agreement
with each tenant.
9.
No outdoor storage is permitted on the site of the self-storage facility.
[Added by Ord. 10.11.2016.01, 10/11/2016; as amended by Ord.
No. 07.11.2017.01, 7/11/2017]
1.
Unless separately described in this chapter, such as "townhouses,"
"multifamily dwellings," "planned residential development," and the
like, any reference to a "dwelling" or "home" as a lawful use for
a lot in the district shall mean the lot is limited to only one such
dwelling or home.
2.
Other than "shopping center," any reference to "store" or "shop"
or "offices" or "neighborhood commercial facility" as a lawful use
for a lot in the district shall mean the lot is limited to only one
such store or shop or commercial facility or office.
3.
Notwithstanding the above, multiple primary uses may be allowed on a lot as a conditional use, if compelling reasons are found to exist and if the standards and criteria of § 27-810 are found to exist. Otherwise, each lot is to have only one primary use.
4.
Lots with the following uses, though listed as a permitted, special
exception, or conditional use, shall not be considered a multiple
primary use lot if there also exists another valid listed use on the
lot:
A.
Radio, television and other wireless transmitting and receiving towers,
antennas and facilities.
B.
Electric, telephone and other public utility transmission and distribution
facilities, including substations, water pump stations and sewage
treatment facilities.
C.
Home occupation.
D.
Communication antennas mounted on an existing structure, and the
communication equipment facility, if any, required for that antenna.
E.
Oil or gas well site, or a natural gas compressor station, or a natural
gas processing plant, or pipelines, or any similar facilities performing
the equivalent functions.
[Ord. No. 10.10.2017.01, 10/10/2017]
1.
The applicant
shall provide a written description of the type of activity to occur
on the property during the life of the permit. Any further change
in use will require prior Borough approval.
2.
The applicant
shall provide a copy of all state-required permits before the use
may commence.
3.
Specifically
for a dispensary (as described by statute, as amended), said activity
may not be located within 1,000 feet of the property line of a public,
private or parochial school or a day-care center.
4.
The applicant
shall provide the name and twenty-four-hour emergency contact number
for the individual/entity who is in charge of the dispensary or grower/processor.
[Ord. No. 11.08.2022.02, 11/8/2022]
1.
Scope.
A.
The provisions of this section shall apply to all residential dwelling
units, conversions of nonresidential structures to residential dwellings,
and all existing premises within the Township. The owner of the subject
property shall be responsible for compliance with the provisions of
this section and the failure of an owner, agency, managing agency,
local contact person, or renting occupants to comply with the provisions
of this section shall be deemed noncompliance by the owner.
B.
This section shall also not apply to a resort, camp, hotel/motel/inn,
bed and breakfast, boarding home or group home, as defined within
the Zoning Ordinance.
2.
Interpretation. This section is intended to, and does not, exclude
any landowner from compliance with the Hepburn Township Zoning Ordinance,
as amended from time to time. Whenever possible, this section and
the Zoning Ordinance should be construed and interpreted as being
consistent, and not in conflict.
3.
Permit required. No owner of any property in the Township shall operate
a short-term rental in the Township without first obtaining a short-term
rental permit from the Zoning Officer. Operation of a short-term rental
without such short-term rental permit is a violation of this section.
Permits may be transferable to any new owner of the property within
90 days of its issuance.
4.
Permit requirements.
A.
Short-term rental permit applications shall contain all of the following
information: The name, address, telephone number, and email address
of the owner. If the owner does not have a managing agency, agent
or local contact person then the owner shall provide a twenty-four-hour
telephone number. If the owner uses a managing agency, agent or local
contact person then the managing agency, agent or local contact person
shall have written authorization to accept service from the owner.
If the owner resides at a location over approximately 15 miles from
the short-term rental property, an agent or local contact person must
be selected to act as a person in charge for the property.
(1)
The name, address, and twenty-four-hour telephone number of
the managing agency, agent, or local contact person.
(2)
Identify the maximum occupancy of the property, which shall
be approved and/or can be revised at the sole discretion of the Zoning
Officer.
(3)
Signatures of the owners.
(4)
Trespass waiver signed by the owner allowing access to the property
for the Zoning Officer for the purpose of inspection to verify compliance
with this section.
B.
A short-term rental permit shall be issued only to the owner of the
short-term rental property.
(1)
A short-term rental permit is effective for the duration of
the ownership of the property by the applicant unless revoked by the
Zoning Officer of the Township as a result of a violation of this
section at the sole discretion of the Zoning Officer. If the property
is transferred to a new owner, more than 90 days after the permit
issuance, the permit shall automatically become null and void and
the new owner shall be required to submit a new permit application
for approval.
5.
Short-term rental standards.
A.
Outdoor parking for overnight and day guests shall be limited to
available parking areas on the short-term rental property. In no event
shall parking for short-term rental guests include spaces in any public
street right-of-way.
B.
Overnight occupancy of recreational vehicles or camper trailers at
the property where the short-term rental is located shall not be allowed.
C.
A short-term rental shall comply with all Hepburn Township Nuisance
and Hazard Protection Standards.
D.
Compliance with the requirements of this section shall be considered
conditions of a short-term rental permit, the violation of which may
result in a revocation of that permit by the Zoning Officer.
E.
In the event that a permitted owner is found to be in violation of
this section, the property owner's permit shall become null and
void at the Township's sole discretion.
6.
Enforcement Officer. The administrator of this section shall be the
Zoning Officer or other Hepburn Township authorized representative
as appointed by the Township, which shall include any appointed Assistant
Zoning Officers. The Zoning Officer shall have the responsibility
and authority to administer and enforce all provisions of this section.
7.
Inspections required.
A.
All short-term rentals shall be subject to inspections by the Zoning
Officer or other Hepburn Township authorized representative to verify
application information.
B.
The issuance of a short-term rental permit is not a warranty that
the premises is lawful, safe, habitable, or in compliance with this
section.
C.
If there is reason to believe that any provision of this section
is being violated, the Board of Supervisors may or may cause through
an authorized representative of the Township, entry onto premises
for the purpose of inspection of any and all premises, properties,
buildings, and/or structure located within the Township for ascertaining
the extent of violations. In those matters where the nature of an
alleged violation is such that an inspection of the interior of a
building or structure is necessitated, prior arrangements must be
made with the owner or his agent to secure access thereof.
8.
Marketing. The marketing of a short-term rental in which the advertised
occupancy exceeds the maximum occupancy requirements permitted by
this section, or which promotes any other activity which is prohibited
by this section, shall be a violation of this section.
[Ord. No. 11.08.2022.03, 11/8/2022]
1.
Relationship to other requirements.
A.
The provisions, regulations, limitations and restrictions of this § 27-644 shall supersede all provisions, regulations, limitations and restrictions of this section that are in conflict with the provisions, regulations, limitations and restrictions set forth in this § 27-644. To the extent that a provision, regulation, limitation or restriction is not specifically referenced in or regulated by this § 27-644, then the applicable provisions, regulations, limitations and restrictions of this section, as applicable, shall govern.
2.
Requirements. Notwithstanding any provision of this section to the
contrary, all solar energy developments shall comply with the following
requirements:
A.
Solar energy system design and installation.
(1)
Design safety certification. The design of the solar energy
development at all times shall conform to all applicable industry
standards, including those of the American National Standards Institute.
(2)
Uniform Construction Code. To the extent applicable, the solar
energy development shall comply with the Pennsylvania Uniform Construction
Code, 34 Pa. Code §§ 403.1 — 403.142.
(3)
Electrical components. All electrical components of the solar
energy development shall conform to relevant and applicable local,
state, and national codes, and relevant and applicable international
standards.
(4)
Noise. Noise emitted from solar energy development equipment
shall not exceed 60 dBa, measured at the exterior lot lines of the
solar energy development.
(5)
Noninterference. The solar energy development shall not cause
any radio frequency interference with consumer appliances.
B.
Solar energy development site.
(1)
Participating landowner(s) and land. The solar energy development
shall be permitted to be located on one or more lots or tax parcels
under single or multiple ownership so long as the applicant provides
written authorization from the owner(s) of all lots or tax parcels
on which the solar energy development will be located.
(2)
Plan approval. Subdivision plan approval shall not be required
when a solar energy development is located on a leased area that is
more or less than the entire lot or tax parcel or tax parcels. Land
development plan approval shall be required for a solar energy development.
(3)
Required fencing and minimum setbacks.
(a)
All solar panels, batteries, storage cells, substations, inverters,
and supporting mechanical equipment necessary for the operation of
the solar energy system, which are not enclosed within a building,
as well as all internal open space and circulation areas between rows
of panels shall be enclosed within a perimeter security fence with
a minimum height of six feet.
(b)
All buildings and required fenced areas shall be set back at
least:
1)
Twenty-five feet from occupied principal buildings located on
lots on which the solar energy development is located, but which occupied
principal buildings are not part of the solar energy development;
2)
Fifty feet from lot lines of adjoining lots with existing dwellings
on which the solar energy development is not located.
(c)
These setback requirements, as well as any yard or setback requirements
of the underlying zoning district are not applicable to any interior
lot line or property line of a lot on which the solar energy development
is located and bisecting the solar energy development site.
(4)
Maximum lot/impervious coverage. Except as noted herein, the
areas beneath individual solar panels are considered pervious (i.e.,
not impervious surface). All supporting foundation systems for the
solar panels, typically consisting of driven piles or monopoles or
helical screws with or without small concrete collars, shall be considered
impervious surface. The maximum lot/impervious coverage of a solar
energy development shall be 35% as measured across all lots collectively
comprising the solar energy development.
(5)
Access and parking.
(a)
A minimum ten-foot-wide gravel access drive shall be provided
within a minimum twenty-foot-wide access easement connecting the solar
energy development to a street or road so as to ensure adequate emergency
and service access is provided. Internal circulation aisles installed
for onsite circulation between the rows of solar panels within the
solar energy development shall be at least 10 feet wide and shall
be permitted to be grass-covered.
(b)
Off-street parking and off-street loading are not required,
except at least one off-street parking space shall be provided at
any substation that is part of a solar energy development.
(6)
Minimum buffer area/screening.
(a)
A minimum twenty-five-foot-wide buffer area consisting of natural
and undisturbed vegetation and any required screening treatments shall
be provided along:
(b)
Access driveways, utility lines, and stormwater management facilities
shall be permitted to cross perpendicularly any required buffer area.
(c)
The buffer area shall be permitted to coincide with and be located
within any required yard or setback area.
(d)
Where the required buffer area is located within 50 feet of
an existing dwelling on a lot or property that is not part of the
solar energy development, the buffer area shall include a combination
of preservation of existing mature vegetation or newly installed vegetation,
walls or solid fences, or topography, or other acceptable screening
treatment, so as to achieve a minimum of 50% opacity throughout the
year, at a minimum height of six feet, within five years of the solar
energy development commencing operation.
(7)
Glare. Solar arrays and panels shall incorporate antireflective
surfaces or be placed and arranged such that objectionable glare shall
not result on adjoining properties or streets or roads. The applicant
shall submit with the conditional use application a glare analysis
in a form acceptable to the Township. The applicant's glare analysis
demonstrate glare potential for all days of the year and all hours
of the day and shall demonstrate to the Township's satisfaction
that no objectionable glare will result on adjoining properties or
streets or roads.
(8)
Signs. Warning/safety signs indicating voltage shall be placed
on solar equipment, including substations and inverters, to the extent
appropriate. Solar equipment shall not be used for displaying any
advertising. All signs, flags, streamers or similar items, both temporary
and permanent, are prohibited on solar equipment except:
(9)
Use of public roads.
(a)
The applicant shall identify all state and local public roads
to be used within the Township to transport equipment and parts for
construction, operation or maintenance of the solar energy development.
(b)
The Township's engineer or a qualified third-party engineer
hired by the Township and paid for by the applicant, shall document
road conditions prior to construction. The engineer shall document
road conditions again 30 days after construction is complete or as
weather permits.
(c)
The Township may require the applicant to bond any road to be
used during construction of the solar energy development. Any bonding
required shall be in accordance with the Township's regulations
for bonding of roads.
(d)
Any road damage caused by the applicant or its contractor shall
be promptly repaired at the applicant's expense.
(e)
The applicant shall demonstrate that it has appropriate financial
assurance to ensure the prompt repair of damaged roads.
C.
Abandonment. A solar energy development that has not generated electricity
for a period of 36 consecutive months shall be deemed to be abandoned
and shall be decommissioned within 18 months from the date it is deemed
abandoned. A decommissioning plan shall be submitted as part of the
zoning permit application for the solar energy development and shall
include, but not be limited to, the following:
(1)
A schedule and method for the removal of the solar energy development.
(2)
A plan for restoring the land to its condition that existed
immediately prior to the development of the solar energy development,
including grading and vegetative stabilization, but excluding buildings
and other structures;
(3)
A performance bond or a financial guarantee in an amount to
be based upon the estimated cost of the decommissioning to insure
completion of the decommissioning plan, which shall be submitted prior
to the start of construction of the solar energy development; and
(4)
An obsolete or unused solar energy development and appurtenant
structures shall be removed from the property within 18 months of
abandonment or decommissioning.
