The regulations contained within Article III shall apply to all uses within the Township. In some cases, the regulations contained within this article reference regulations contained within Chapter 194, Subdivision and Land Development. In such cases, any relief to be granted to such applicable standards shall be obtained according to the appropriate procedures within Chapter 194, Subdivision and Land Development, and will not require approval of a variance under the terms of this chapter.
A.
Fences and walls.
[Amended 2-15-2006 by Ord. No. 2006-03; 10-18-2006 by Ord. No. 2006-08]
(1)
Except as noted below for retaining walls, no fence or wall (except livestock, required junkyard or tennis court walls or fences, or the wall of a building permitted under the terms of this chapter) shall be erected to a height of more than four feet in a front yard, and more than six feet in any other yard within the (A, C, R, R-1, R-2, R-3, MHP, and VO) Zones. Except as noted below for retaining walls, within any (C-1, C-2, I-1, and I-2) Zones, no fence nor wall (except livestock, required junkyard or tennis court walls or fences, or the wall of a building permitted under the terms of this chapter) shall be erected to a height of more than 10 feet in any yard. No fence or wall shall interfere with the required clear sight triangle as listed in § 220-40C of this chapter;
(2)
The use of retaining walls higher than: four feet
in a front yard within the (A, C, R, R-1, R-2; R-3, MHP and VO) Zones;
six feet in any side or rear yards within the (A, C, R, R-1, R-2,
R-3, MHP and VO) Zones; and 10 feet in any yard within the (C-1, C-2,
I-1, and I-2) Zones; up to a maximum height of 30 feet is permitted,
subject to the following findings:
(a)
That the proposed height of the retaining wall
is necessary to facilitate an efficient use of the site and/or protect
an important or sensitive natural or cultural feature of the site;
(b)
That the applicant has submitted written expert
evidence from a professional engineer registered to practice within
the Commonwealth of Pennsylvania that the proposed retaining wall
is designed and will be constructed to assure structural integrity
and will in no way adversely affect any underground utility lines
and/or interfere with their rights-of-way;
(c)
That the applicant has provided sufficient separation
and physical barriers between the proposed retaining wall and any
pedestrian and/or vehicle movement areas to ensure adequate vehicle
and pedestrian safety; and
(d)
That the base of the retaining wall is set back
a horizontal distance at least equal to its height from each property
line.
B.
Swimming pools. Swimming pools may be permitted in
any zone. No permanent swimming structure shall be permitted without
an operable filtration system utilizing chlorine, bromine or some
other antibacterial agent. All swimming pools shall be completely
enclosed by a minimum four-foot-high fence or wall with a self-closing
and lockable gate; however, this does not apply to aboveground pools
having a wall measuring no less than four feet in height at any perimeter
point, and having a retractable ladder. Such fence or wall shall be
erected before any pool is filled with water. All pools must be set
back at least 10 feet from all lot lines. No water from a pool shall
be discharged onto any public street or alley. These requirements
shall not apply to man-made ponds, lakes or other impoundments, unless
the primary purpose for their construction is swimming.
C.
Tennis courts. Tennis courts may be permitted in any
zone. All tennis courts in residential zones shall include an open
mesh permanent fence 10 feet in height behind each baseline. Such
fence shall extend parallel to said baseline at least 10 feet beyond
the court's playing surface, unless the entire court is enclosed.
Any lighting fixtures shall be arranged to prevent objectionable glare
on adjoining property.
D.
Satellite dish antennas. Satellite dish antennas are
subject to all accessory use standards. Furthermore, any satellite
dish antenna located within the (A, C, R, R-1, R-2, R-3, MHP, and
VO) Zones shall be used only to receive signals, not transmit them.
All ground-mounted satellite dish antennas located within the (C-1,
C-2, I-1, and I-2) Zones that are used to transmit video format data
shall be completely enclosed by an eight-foot-high, nonclimbable fence
that includes signage warning of dangerous radiation levels. Any gates
within the fence shall be locked when unattended. Satellite dish antennas
within the (C-1, C-2, I-1, and I-2) Zones shall comply with all principal
use standards.
E.
Except as noted for outdoor furnaces in § 220-31E(21) of this chapter, within every zone, alternative energy systems, as defined herein, are permitted accessory uses by right, subject to the following requirements:
[Amended 6-19-2014 by Ord. No. 2014-05]
(1)
Alternative energy systems constructed prior to the effective date
of this section shall not be required to meet the requirements specified
under this section of the Zoning Ordinance. Any physical modification
to an existing alternative energy system that materially alters the
size, type and quantity of the facilities shall require a building
permit and shall comply with the applicable provisions specified under
this section of the Zoning Ordinance.
(2)
Alternative energy systems shall be primarily utilized by the principal
use of the lot upon which they are located, and energy generated must
first be used to meet the demand on site. Surplus energy may be exchanged,
transferred and/or sold to a public or private utility company, if
the applicant submits written expert evidence that the proposed alternative
energy system is designed not to generally exceed the peak energy
demands of the principal use, including foreseeable expansions.
(3)
The owner of any alternative energy system connected to an electric
utility grid shall provide the Township with written authorization
from the utility acknowledging and approving such connection.
(4)
Alternative energy systems may be erected as detached accessory structures
or attached to a building, provided that the structural components
of such systems do not exceed the permitted height requirements of
the zone in which they are located, except that:
(a)
The total height of a building or structure with solar panels
shall not exceed by more than one foot the maximum permitted height
in the applicable zone;
(b)
Ground-mounted solar panels shall not exceed a height of 20
feet at the highest point of the structure;
(c)
The maximum height of a freestanding wind turbine and any supporting
structure shall be 50 feet for residential uses and 150 feet for nonresidential
uses, as measured from the ground surface to the tip of the blade
at its highest turning movement; and
(d)
A roof-mounted wind turbine and any supporting structures may
extend no more than 10 feet above the highest roof surface to the
tip of the blade at its highest turning movement or the highest point
of any feature of the turbine at its maximum height, whichever is
the highest point, provided such height is not greater than five feet
higher than the maximum permitted height for the attached roof.
(5)
Except as noted in § 220-31E(17)(b) of this chapter, alternative energy systems may be erected as detached accessory structures or attached to a building, provided that the structural components of such systems (along with other site improvements) do not exceed the maximum permitted lot coverage requirements of the zone in which they are located.
(6)
Alternative energy systems may be erected as detached accessory structures
or attached to a building, provided that the structural components
of such systems comply with all applicable setbacks of the zone in
which they are located. Detached accessory systems shall comply with
applicable accessory use setbacks. Systems attached to a principal
structure will be required to comply with principal use setbacks.
In zones with no accessory use setbacks, principal use setbacks shall
apply.
(7)
Aboveground alternative energy systems shall be clear-coated, transparent,
and/or be designed with a nonobtrusive color such as white, off-white
or gray and a flat finish. Wind turbine towers may be painted brown
up to the height of nearby trees. All such facilities shall not be
artificially lighted, except to the extent required by the Federal
Aviation Administration or other applicable authority that regulates
air safety.
(8)
On-site electrical transmission and power lines connected to or associated
with the alternative energy system that are not contained within a
building shall be located underground.
(9)
Clearly visible warning signs concerning voltage must be placed at
the base of all aboveground 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.
(10)
The applicant shall provide written evidence that the proposed alternative energy system shall comply with the noise standards listed in § 220-48A of this chapter. A manufacturer's certificate of specification may be used to demonstrate compliance with this standard.
(11)
The applicant shall make reasonable efforts to avoid any disruption
or loss of radio, telephone, television or similar signals and shall
mitigate any harm caused by the alternative energy system.
(12)
The design and installation of the alternative energy system
shall conform to applicable industry standards, including those of
the American National Standards Institute, and the Township's Building
Code and be subject to all applicable permit requirements thereof
as well as all other applicable laws, codes and regulations.
(13)
In addition to those materials required in § 220-148B of this chapter for a building permit, applicants for alternative energy systems shall be required to submit:
(a)
A narrative describing the system and its principal components,
including, but not limited to, related ancillary facilities;
(b)
Information about its potential energy generating capacity and
anticipated generation; and
(c)
A site plan depicting the system and its principal components,
including, but not limited to, related ancillary facilities, as they
relate to property lines, required setbacks, adjoining roads, utility
rights-of-way and lines, and on-site buildings and structures. Such
information shall be depicted upon the site plan even if the system
and its principal components are located underground.
(14)
All solar energy systems shall comply with the following requirements:
(a)
Solar energy panels and solar shingles shall be designed and
located in order to minimize reflective glare and/or heat towards
any adjoining use and/or road.
(b)
All solar energy systems must be installed by a professional
firm from a list of approved solar electric installers provided on
the PA Sunshine Program website operated by the PA Department of Environmental
Protection or from the North American Board of Certified Energy Practitioners.
(c)
The design and installation of solar energy systems shall conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters' Laboratories, the
American Society for Testing and Materials (ASTM), or other similar
certifying organizations. The manufacturer's specifications shall
be submitted as part of the application.
(d)
Solar energy systems shall not be used for displaying advertising
except for reasonable identification of the manufacturer of the system.
In no case shall such identification exceed 200 square inches.
(e)
Upon residential properties, when a building is necessary for
the storage of cells and/or equipment or components related to the
solar energy system, the building must not exceed 400 square feet
in area, must not exceed 15 feet in height and must comply with all
applicable accessory use setbacks. Where no accessory use setbacks
apply, principal use setbacks shall apply.
(f)
All solar panels shall, to the extent feasible, be sited inconspicuously
when viewed from adjacent street rights-of-way and be sited so that
tree removal is not required.
(g)
Stone stormwater infiltration trenches or other best management practices shall be installed that, in the opinion of the Township Engineer, properly manage stormwater runoff from the solar panels in accordance with Chapter 185 of the Township Code and other requirements such as NPDES permitting if deemed applicable.
(h)
The location of all solar panels shall comply with the following
locational hierarchy. In order for an applicant to use a lower locational
rank as listed below, he/she must demonstrate by credible evidence
that the higher locational rank prevents the solar energy system from
operating as designed, as certified in writing by the manufacturer
or installer. An applicant's reluctance to remove potential obstructions
such as vegetation shall not be considered sufficient cause for permitting
panel installation on a lower locational rank.
|
Rank
|
Solar Panel Locational Hierarchy*
| ||
|---|---|---|---|
|
1
|
Rooftop or attached mounts facing opposite any front lot line(s)
| ||
|
2
|
Rooftop or attached mounts facing any side lot lines
| ||
|
3
|
Rooftop or attached mounts facing any front lot lines
| ||
|
4
|
Freestanding - located within the rear yard
| ||
|
5
|
Freestanding - located within the side yard
| ||
|
6
|
Freestanding - located within the front yard, provided that
the solar panel(s) is(are):
| ||
|
•
|
Located within the C, A or R Zone;
| ||
|
•
|
No less than 100 feet from each property line; and
| ||
|
•
|
Screened in accordance with § 220-31E(17)(d) of this chapter
| ||
|
NOTES:
| ||
|---|---|---|
|
*
|
Regardless of the preceding ranking system, freestanding solar
panels located upon lots of 5 or more acres where such panels are
located no closer than 200 feet from the nearest property line are
permitted.
| |
(i)
All owners of property upon which a solar energy system is installed
shall maintain the solar energy system in a safe condition and good
repair at all times. Whenever a solar energy system becomes structurally
unsafe or endangers the safety of the structure or premises, or endangers
the public safety, the Zoning Officer shall give written notice to
the owner of the premises on which the solar energy system is located
that such solar energy system shall be made safe or removed. The disposal
of solar energy systems shall comply with all applicable Township,
county, state, and federal regulations.
(j)
All owners of property upon which a solar energy system is installed
shall be required, as a condition of the issuance of the building
permit, to acknowledge in writing to the Township that the issuance
of a building permit for a solar energy system shall not and does
not create in the property owner, its, his, her or their successors
and assigns in title, or create in the property itself:
(15)
Roof-mounted solar energy systems shall also comply with the
following requirements:
(a)
Solar panels shall not extend horizontally beyond any portion
of a roof's surfaces nor above the roof ridge at its highest point.
(b)
Solar panels on sloped roofs shall be affixed to roofs by solar
panel standoffs, as defined herein. Solar panel standoffs shall be
used that raise the solar panel at least three inches above the surface
of the roof and incorporate flashing of such design that does not
violate any warranty (materials and workmanship) of the roof and is
a minimum of at least 2.5 inches wide.
(16)
Ground-mounted solar energy systems shall also comply with the
following requirements:
(a)
The surface area of a ground-mounted solar energy system, regardless
of the mounted angle of any solar panels, shall be considered part
of and cumulatively calculated in the lot coverage of the lot on which
the system is located. The surface area of a ground-mounted solar
energy system shall not exceed 3% of maximum lot coverage of the lot.
(b)
Solar panels shall not be mounted on any pole or tower such that the closest point of the solar panel is less than three feet above the grade directly below the solar panel. Vegetation beneath a ground-mounted, freestanding solar energy system shall be properly maintained at all times in accordance with Chapter 63 of the Township Code. Ground-mounted solar panels must have a fence.
(c)
In those instances when the solar energy system is proposed as a freestanding installation within the front yard, the applicant must provide vegetative screening to serve as a barrier to visibility and glare, in accordance with § 220-44 of this chapter. Prior to issuance of a building permit, a site plan showing the proposed arrangement, placement, species and size of all screen planting material shall be submitted for approval to the Zoning Officer.
(17)
The following provisions shall specifically apply to ground-mounted
wind turbines:
(a)
One ground-mounted wind turbine shall be permitted upon lots
with a minimum of one acre. Only one wind turbine shall be permitted
per principal residential use.
(b)
The minimum height of a ground-mounted wind turbine shall be
such that there shall be maintained a minimum of 15 feet of ground
clearance, as measured between the ground surface and the tip of the
blade at its closest point of the turning movement or any other feature
of the turbine at its closest point to the ground.
(c)
Ground-mounted wind turbines shall be set back the following
distances as measured from the center of the wind turbine base to
the nearest point of the respective feature listed below:
|
Feature
|
Minimum Setback
| |
|---|---|---|
|
Occupied building on site
|
Turbine height plus 10 feet
| |
|
Aboveground utility line right-of-way
|
Turbine height plus 10 feet
| |
|
Adjoining property
|
1.5 times turbine height
| |
|
Adjoining street right-of-way or private street*
|
1.5 times turbine height
|
|
NOTES:
| ||
|---|---|---|
|
*
|
This section shall not be interpreted to permit the location
of a wind turbine in the front yard if such structure is not permitted
in the front yard within its respective zone.
| |
(d)
Ground-mounted wind turbines and any supporting structure shall
be enclosed by a six-foot fence with locking gate, or the base of
the wind turbine and any supporting structure shall not be climbable
for a minimum height of 12 feet. All access doors to wind turbines
and electrical equipment shall be locked or fenced, as appropriate,
to prevent entry by nonauthorized persons.
(18)
The following provisions shall specifically apply to all wind
turbines:
(a)
The design and installation of all wind energy systems shall
conform to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters' Laboratories, Det
Norske Veritas, Germanischer Lloyd Wind Energies, the American Society
for Testing and Materials (ASTM), or other similar certifying organizations,
or as approved under an emerging technology program such as the California
Energy Commission, International Electrotechnical Commission, or any
other wind certification program recognized by the American Wind Energy
Association (AWEA) or the United States Department of Energy. The
manufacturer's specifications shall be submitted as part of the application.
(b)
All wind turbines and wind energy systems shall be equipped
with a redundant braking system, which shall include both aerodynamic
overspeed controls (including variable pitch, tip, and other similar
systems) and mechanical brakes. Mechanical brakes shall be operated
in a fail-safe mode. Stall regulation shall not be considered a sufficient
braking system for overspeed protection.
(c)
The applicant shall make reasonable efforts to minimize shadow
flicker to adjoining properties.
(d)
No wind turbine shall cause ground vibrations perceptible beyond
the property line of the site.
(e)
No wind turbine shall cause ice to be thrown or shredded beyond
the property line of the site.
(f)
No trees or landscaping required by Township ordinance, or as
otherwise required by the Board of Supervisors or Zoning Hearing Board
as a condition of approval for any plan, application or permit, may
be removed to facilitate installation or operation of a wind turbine.
(g)
Prior to the issuance of a building permit for the installation
of a wind energy system, the applicant shall provide the Zoning Officer
with:
[1]
A site plan showing:
[a]
Lot lines, structures and physical features of
the subject and adjoining properties within two times the total height
of the turbine height as measured from the base of the turbine location.
[b]
Location, dimensions, and types of existing structures
on the property.
[c]
Location of the proposed wind energy system tower,
foundations, guy anchors, and associated equipment.
[d]
The right-of-way of any public and private street
abutting the property.
[e]
Any overhead utility lines.
[2]
Wind energy systems system specifications, including manufacturer
and model, rotor diameter, tower height, and tower type — freestanding
or guyed.
[3]
Certification from a professional engineer registered by the
Commonwealth of Pennsylvania that the tower has been designed and
will be constructed in accordance with the current industry standards
and applicable requirements of the Township Building Code. A copy
of the foundation analysis shall also be provided.
[4]
Confirmation that the public utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator and also approval of such connection. Off-grid systems shall
be exempt from this requirement.
(h)
The owner of the wind energy system shall be required to dismantle
and remove the wind energy system, including all structures, facilities,
appurtenances, etc., within 60 days of the time when the wind energy
system is no longer in use.
(i)
The owner of the wind energy system shall be required to maintain
the wind energy system in a safe condition and good repair at all
times. Whenever a wind energy system becomes structurally unsafe or
endangers the safety of the structure or premises, or endangers the
public safety, the Zoning Officer shall give written notice to the
owner of the premises on which the wind energy system is located that
such wind energy system shall be made safe or removed. The disposal
of wind energy systems shall comply with all applicable Township,
county, state, and federal regulations.
(19)
The following provisions shall specifically apply to geothermal
systems:
(a)
Only closed-loop geothermal systems shall be permitted. Any
antifreeze fluid circulated through the pipes shall be a biodegradable
mixture such as food-grade propylene glycol.
(b)
The vertical geothermal system well (or wells) installation
will be made only by a Pennsylvania-licensed well driller.
(c)
No geothermal system subsurface loops and/or related geothermal
boreholes shall be located closer than 100 feet from any existing
or planned drinking water wells that serve one principal use, 25 feet
from any existing or planned on-lot sewage disposal systems or 20
feet from any property lines and street rights-of-way.
(d)
In addition to the preceding setbacks, each geothermal borehole shall be set back no less than 500 feet from each public water well, except that each geothermal borehole shall be set back no less than 1/2 mile from Public Water Wells 3, F and M, as referenced in § 220-27D(2) of this chapter and depicted on the Zoning Map. Any variance requested to the setbacks listed in this section shall require, prior to approval, a finding by the Zoning Hearing Board that, in addition to those required by § 220-142D(2), the design, installation and maintenance methods used for each borehole will prevent the contamination or loss of water to any public water wells or public water treatment facilities. The applicant must submit written credible expert evidence to support such a finding as part of the variance application.
(e)
The vertical loop in a geothermal system well (or wells) shall
be pressure-grouted bottom to top with a bentonite-based or cement-based
material of 0.0000001 centimeter per second or lower permeability.
(f)
The applicant shall maintain the geothermal system in a safe
condition and good repair at all times. Whenever a geothermal system
endangers the public safety, the Zoning Officer shall give written
notice to the owner of the premises on which the geothermal system
is located that such geothermal system shall be made safe or removed.
The disposal of geothermal systems shall comply with all applicable
Township, county, state, and federal regulations.
(g)
With respect to each geothermal system well installation, the
Pennsylvania-licensed well driller and/or system installer shall provide
to the Township, before activation of the system, copies of:
[1]
Accurate written records and a written geologic log;
[2]
Accurate records with respect to grouting for each such well;
[3]
Proposed plans and related documentation for each such system
and geothermal well location showing the relation to property lines
and street rights-of-way, existing or planned drinking water wells
that serve one principal use within 100 feet, existing or planned
on-lot sewage disposal systems that serve one principal use within
25 feet and the distance to the closest public water wells or public
water treatment facilities.
[4]
Written documentation of the geothermal system testing and certification;
and
[5]
A written "plan" for the operation of the geothermal system
proposed by the applicant and approved by the system installer which,
among other matters, provides that:
[a]
Any geothermal system leaks or releases will be
reported by the applicant (and subsequent owner) to the Township Zoning
Officer within 24 hours of the discovery of same, and the applicant
(and subsequent owner) covenants and agrees to take appropriate action
to minimize any fluid release to the ground and to promptly repair
any system leaks; and
[b]
In the event of the proposed discontinuance of
the use of the geothermal system, a system closure plan will be prepared
and submitted to the Township for its approval by the landowner prior
to the conveyance by the landowner of the land to any third party.
(20)
Manure digester facilities are permitted as an accessory use
to a principal agricultural use within the Agricultural Zone, subject
to the following requirements:
(a)
A manure digester facility shall provide power for use on site,
except that a manure digester facility may serve more than one farm
when operated as a community digester system. Excess electric power
generated incidentally may be sold to a power utility with written
authorization from the power utility. Interconnection and net metering
shall be in accordance with the policies of the power utility.
(b)
Manure (primary catalysts) and feedstock or other organic materials
(secondary catalysts) to be used for the digestion or co-digestion
process shall be stored in accordance with Pennsylvania Nutrient Management
Program requirements, as may be amended.
(c)
Manure digester facilities shall be designed and constructed
in accordance with the Pennsylvania Department of Environmental Protection's
Bureau of Water Quality Management guidelines for such systems, as
may be amended. Evidence of applicable federal and state regulatory
agencies' written approvals shall be included with the building permit
application.
(d)
Manure digester facility structures shall be located in accordance with the special setback requirements of Chapter 220 Attachment 1 - Agricultural Zone Area and Design Requirements.
(e)
Manure digester facilities, except for appurtenant electrical
wiring, shall be located a minimum of 100 feet from existing potable
water wells and surface waters, such as streams, springs, ponds, and
lakes.
(f)
Manure storage associated with a manure digester facility shall
be sited and operated as required under an approved nutrient and odor
management plan.
(g)
The applicant for a manure digester facility permit shall provide
the following information at the time of application for the zoning
permit:
[1]
A sketch plan depicting the location of all structures, significant
trees, existing potable water wells and surface waters, such as streams,
springs, ponds, and lakes, within 100 feet of the proposed manure
digester facility;
[2]
Information provided by the manufacturer of the manure digester
facility, including, but not limited to, the make and model, the manufacturer's
design data, construction plans and installation instructions;
[3]
Documentation of the intent and proposed capacity of the digester
system, including holding ponds, tanks, and/or pools;
[4]
The type and quantity of wastes and supplemental feedstock for
which the digester is designed;
[5]
Evidence that the use, handling, and disposal of materials will
be accomplished in a manner that complies with state and federal regulations.
(h)
Decommissioning.
[1]
The owner/operator shall submit a plan for shutdown of the manure
digester facility when it becomes functionally obsolete or is no longer
in use. The plan shall specify the dismantling and disposal of operational
components and associated wastes.
[2]
The owner/operator shall notify the Township at least 30 days
prior to cessation or abandonment of the operation.
[3]
The owner/operator shall ensure that all pits, tanks, and pipes
are empty and clean by removing the liquids and accumulated sludge.
Tanks shall be covered securely with lids or hatch covers after content
removal.
[4]
Insulation, piping, and similar materials that cannot be reused
or recycled shall be disposed of in the appropriate manner consistent
with Pennsylvania DEP's waste management program requirements.
(21)
Within the (A, C and R) Zones, outdoor furnaces are permitted as an accessory use to a principal residence or an agricultural or horticultural use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within Chapter 79 of the Code and the following specific criteria:
(a)
Outdoor furnaces which utilize any fuel or combustible material
other than wood, natural gas, kerosene, propane, domestic heating
oil, or electricity are prohibited. For the purposes of this definition,
wood fuel shall only include all wood intended to be used as fuel,
including but not limited to trees, cordwood, logs, lumber, sawdust,
and wood from manufacturing processes (butt offs, shavings, turnings,
sander dust), wood pellets, slabs, bark, chips, and waste pallets.
Wood fuel does not include materials chemically treated with any preservative,
paint, or oil. The use of lighter fluids, gasoline and chemicals to
start combustion within an outdoor furnace is expressly prohibited.
(b)
The installation and use of Phase 2 outdoor furnaces is permitted
subject to the following criteria:
[1]
No outdoor furnace shall be located upon a property that has
a minimum lot area of less than one acre.
[2]
No more than one outdoor furnace shall be permitted per principal
use.
[3]
No outdoor furnace shall be located within the front yard.
[4]
No outdoor furnace shall be located within 200 feet of any front
lot line, 100 feet of any side or rear property line or the closest
principal use located on the subject property or 500 feet from:
[a]
Any land within the (R-1, R-2, R-3, MHP, VO and
MR) Zones;
[b]
The nearest property line of any existing residence;
[c]
The nearest property line of any approved lot which
has been subdivided during the last five years for residential purposes,
which has not yet been constructed; and
[d]
The nearest property line of any lot proposed for
residential purposes for which has been submitted a plan for preliminary
or final subdivision approval.
[5]
Outdoor furnaces shall only be operated between September 15
and May 15 of each calendar year.
[6]
Except for limitations and requirements that may impose greater
restrictions as listed in this section, the operation, location and
fuels to be used within an outdoor furnace shall comply with the applicable
manufacturer's specifications. A copy of the manufacturer's specifications
shall be submitted to the Zoning Officer at the time of building permit
application.
(c)
Should an applicant design and construct his/her own outdoor furnace without manufacturer specifications, the applicant shall be required to obtain a special exception in accordance with all applicable regulations contained within this Code, including but not limited to those general criteria contained within § 220-142C(2) and the following specific criteria:
[1]
The applicant must submit written evidence demonstrating that
the unit has been certified by the United States Environmental Protection
Agency as meeting a particulate matter emission limit of 0.32 pound
per million British thermal units (BTUs) of output.
[3]
The applicant must present qualified expert evidence that his/her outdoor furnace is suitable and safe for the use of that fuel to be consumed as limited by § 220-31E(21)(a) of the Code.
[4]
Then, if approved, the fuel to be used within the outdoor furnace
shall be limited to those that the Zoning Hearing Board determines
can be safely consumed.
(d)
For the purposes of this section, the term "elevation" shall mean the specified vertical distance measured in relation to the National Geodetic Vertical Datum of 1929 (NGVD). At all times, a completely enclosed exhaust chimney from an outdoor furnace shall extend to its emissions release point at an elevation equal to no less than two feet higher than the highest elevation of the principal building that the unit serves and any other principal use located within 300 feet of the outdoor furnace release point. Notwithstanding the foregoing, in no event shall the exhaust chimney height for any outdoor furnace be less than the manufacturer's guidelines; or for outdoor furnaces that are designed and built without manufacturer specifications, the height as suggested by qualified expert evidence that will enable suitable and safe operation and emissions. Any exhaust chimney exceeding 35 feet in height shall comply with § 220-34 of this chapter.
(e)
The design and use of an outdoor furnace must be such that no
exterior surface of the outdoor furnace or its exposed aboveground
appurtenances shall at any time exceed a temperature of 120° F.
(f)
All components used to convey heat between the outdoor furnace
and the principal use building must be located within the outdoor
furnace enclosure, buried underground and contained within the enclosed
principal use building. No exposed conveyances shall be permitted
between the outdoor furnace and the principal use building.
(g)
All outdoor furnaces shall be equipped with a properly functioning
spark arrestor.
(h)
The applicant is required to submit written information indicating
that the disposal of all materials and wastes will be accomplished
in a manner that complies with state and federal regulations. Such
evidence shall, at a minimum, include copies of contracts with waste
haulers licensed to operate within Lancaster County which have been
contracted to dispose of the materials and wastes used, or generated,
on site or some other legal means of disposal. The building permit
for the outdoor furnace shall remain valid only so long as such contracts
remain in effect and all materials and wastes are properly disposed
of on a regular basis. Should the method of waste disposal change
in the future, the owner of the outdoor furnace shall so inform the
Zoning Officer and shall provide additional evidence demonstrating
continued compliance with the requirements of this section.
[1]
Any outdoor furnace or other wood-fired heating or energy source
device installed and in use prior to the effective date of this section
shall be permitted to remain in its present location and continue
to be used, provided the owner shall register the device with the
Township Zoning Officer within 60 days of the effective date of this
section. Registration shall not be complete unless all information
requested in the registration form has been timely provided. No fee
shall be imposed for the registration of such device. The use of any
such device not so registered shall be discontinued and the device
shall be promptly removed from the property.
[2]
Upon the expiration of the useful life of such device, but in
no event later than 30 years from the effective date of this section,
the use of such device shall be discontinued and the device shall
be removed from the property, provided nothing herein shall be construed
to prohibit the installation or use of an outdoor furnace which fully
complies with the provisions of the Code, any amendments thereto,
and with all applicable local, state or federal laws or regulations.
F.
Ornamental ponds and wading pools. Ornamental ponds
and wading pools may be permitted in any zone, subject to the following:
(1)
Such structures shall comply with all accessory use
setbacks;
(2)
No such impoundment shall contain more than 337.5 cubic feet of water (2,530 gallons); all ponds, pools or other impoundments exceeding the requirements of this section shall be considered as "man-made lakes, dams and impoundments," and are subject to the criteria listed in § 220-31G of this chapter;
(3)
No such impoundment shall have a length or diameter
exceeding 15 feet nor a maximum depth exceeding 1 1/2 feet;
(4)
All such ponds or pools shall be maintained so as
to not pose a nuisance by reason of odor, or the harboring of insects;
and
(5)
No such pond(s) shall be used for the commercial hatching
of fish or other species.
G.
Man-made lakes, dams, ponds, and impoundments. All
lakes, dams, ponds, and impoundments may be permitted in any zone,
subject to the following:
(1)
All lakes, dams, ponds, and impoundments located along,
and connected to, a stream that involve any of the following shall
require a permit from the PA DEP, Bureau of Dams and Waterways, Division
of Dam Safety, or a letter indicating that the proposed use does not
require a PA DEP permit: the lake, dam, pond, or impoundment contains
a volume of at least 50 acre feet; the dam reaches a height of 15
feet; and the lake, dam, pond, or impoundment impounds the water from
a watershed of at least 100 acres. All such lakes, dams, ponds, and
impoundments shall be located 75 feet from all adjoining lot lines,
as measured from the closest point of the adjoining property line
to the maximum anticipated water surface elevation.
(2)
All lakes, dams, ponds, and impoundments not contiguous
to a stream that have an intake, outlet, or both, and/or have an embankment
within 50 feet of a stream shall require the obtainment of a permit
from the PA DEP Bureau of Dams and Waterways Division of Waterways
and Stormwater Management.
(3)
All other lakes, dams, ponds, and impoundments require
the submission of a statement and seal by a qualified engineer that
the proposed use is properly constructed and will not pose a threat
to the public safety nor the environment during normal flow conditions
and those associated with the base flood. All dams shall be constructed
to a height of one foot above the water surface elevation occurring
during the base flood.
(4)
All lakes, dams, ponds, and impoundments, including
stormwater management basins, shall be located a minimum of 50 feet
from any subsurface sewage disposal system or well.
(5)
Fencing. All ponds constructed within areas subject
to livestock shall be enclosed by fencing that prevents livestock
from trampling the pond's shores and polluting the waters.
(6)
Maintenance. All ponds shall be regularly maintained,
and floating debris shall be removed from all pipes and spillways.
All ground cover shall be trimmed. Weeds, brush and trees shall not
be permitted to grow on the dam or spillway.
H.
Garage/yard sales. Within any zone, an owner and/or
occupant may conduct up to four garage/yard sales per year. No garage
or yard sale shall be conducted for a period longer than three consecutive
days. Such sales may offer for sale personal possessions; no import
or stocking of inventory shall be permitted. Only one four square
foot sign shall be permitted advertising the garage/yard sale located
upon the premises where the sale occurs, and shall be removed promptly
upon the completion of the sale. In no case shall any aspect of the
garage/yard sale be conducted in a street right-of-way. The conduct
of garage sales beyond the extent described herein represents a commercial
business and requires appropriate zoning authorization.
I.
Accessory repair of personal motor vehicles. The routine
maintenance, repair and servicing of personal motor vehicles, owned
or leased by the person performing such services when performed outside
of a completely enclosed building within the (R-1, R-2, R-3, MHP,
and VO) Zones, is permitted by an occupant of the residence, but only
in compliance with the following:
(1)
All vehicles shall be maintained with proper registration;
(2)
All work shall be performed on the vehicle owner's
(lessee's) property of residence;
(3)
Work shall be limited to the following:
(a)
Servicing and replacement of spark plugs, batteries,
distributors, distributor parts, water hoses, fan belts, brake fluids,
transmission fluid, oil filters, air filters, oil, grease, light bulbs,
fuses, floor mats and carpeting, seat covers, seat belts, windshield
wipers, mirrors, and engine coolants;
(b)
Repair and replacement of tires and wheels,
excluding recapping or regrooving;
(c)
Repair and replacement of car radios, tape players,
amplifiers, and speakers;
(d)
Repair and replacement of fuel pump, oil pump
and line repairs;
(e)
Minor servicing and adjustment of carburetors;
(f)
Minor motor adjustments not involving the removal
of the motor head or crankcase, nor the prolonged revving of the motor;
(g)
Minor body repairs, excluding the replacement
of body parts, the complete repainting of the body and the application
of undercoating; and
(h)
Cleaning of all exterior and interior surfaces,
including washing, shampooing, vacuuming, rubbing, polishing, waxing,
and the application of paint sealants;
(4)
All by-product or waste fuels, lubricants, chemicals,
and other products shall be properly disposed of; and
(5)
No vehicle shall be stored in a "jacked-up" position,
or on blocks for more than 72 continuous hours.
J.
Horse and livestock boarding requirements. Within any zone the noncommercial
keeping of horses and other livestock owned by a resident and/or owner
of the subject property is permitted by right as an accessory use
to a single-family detached residence, provided that:
[Amended 10-1-2008 by Ord. No. 2008-03]
(1)
Where all of the horses to be boarded are used as the residents'
principal mode of transportation, the following requirements shall
apply:
(a)
No more than two horses shall be permitted per dwelling unit
unless the subject property contains more than two acres in which
case the applicant is permitted no more than one horse per acre of
lot area. On any property where more than one horse is kept per acre,
such horses shall not be regularly pastured and shall be kept and
fed within a completely enclosed structure;
(b)
All animal wastes shall be properly stored and disposed of,
so as not to be objectionable at the site's property line;
(c)
All animals, their housing and their outdoor pasture/recreation
areas shall be properly maintained so as not to become a nuisance
to adjoining properties;
(d)
Any building or stable used to house such horses shall have
a natural ground surface or be fitted with a suitable and durable
floor surface that can withstand the wear associated with the weight
and movement of horses without failure (portable storage shed floors
are generally unsuitable for such purposes). Any building or stable
used to house such horses shall not be permitted within the front
yard and must be set back at least 50 feet from any side and/or rear
property line; and
(e)
All outdoor pasture/recreation areas shall be maintained with
a vegetated and stable surface that is enclosed by a minimum four-foot-high
permanent fence to prevent the escape of the animals.
(2)
Where horses to be boarded are not used as the residents' and/or
owners' principal mode of transportation, the following requirements
shall apply:
(a)
No more than one horse shall be permitted per each two acres
of lot area;
(b)
All animal wastes shall be properly stored and disposed of,
so as not to be objectionable at the site's property line;
(c)
All animals, their housing and their outdoor pasture/recreation
areas shall be properly maintained so as not to become a nuisance
to adjoining properties;
(d)
Any building or stable used to house or shelter such horses
shall have a natural ground surface or be fitted with a suitable and
durable floor surface that can withstand the wear associated with
the weight and movement of horses without failure (portable storage
shed floors are generally unsuitable for such purposes). Any building
or stable used to house such horses shall not be permitted within
the front yard and must be set back at least 100 feet from any side
and/or rear property line; and
(e)
All outdoor pasture/recreation areas shall be maintained with
a vegetated and stable surface that is enclosed by a minimum four-foot-high
permanent fence to prevent the escape of the animals.
(3)
Where livestock other than horses are to be boarded, the following
requirements shall apply:
(a)
The minimum lot area shall be one acre except for Group 3 animals
in which case it shall be two acres and the following list specifies
additional area requirements by size of animals kept. The keeping
of a combination of animal types (Groups 1, 2, and 3) shall require
an animal density equal to the ratio of the numbers of animals, by
type. In no case shall a lot contain more than 50 total animals:
[1]
Group 1: Animals whose average adult weight is less than 10
pounds shall be permitted at an animal density of 12 per acre, with
a maximum number of 50 animals.
[2]
Group 2: Animals whose average adult weight is between 10 and
200 pounds shall be permitted at an animal density of two per acre,
with a maximum number of 20 animals; and
[3]
Group 3: Animals whose average adult weight is greater than
200 pounds shall be permitted at an animal density of one per two
acres, with a maximum number of 10 animals.
(b)
The following lists minimum setbacks (from all property lines)
imposed upon the placement of any structure used to house or shelter
noncommercial livestock:
(c)
All animal wastes shall be properly stored and disposed of,
so as not to be objectionable at the site's property line.
(d)
All animals, their housing and their outdoor pasture/recreation
areas shall be properly maintained so as not to become a nuisance
to adjoining properties;
(e)
Any building or stable used to house such livestock shall have
a natural ground surface or be fitted with a suitable and durable
floor surface that can withstand the wear associated with the weight
and movement of livestock without failure (portable storage shed floors
are generally unsuitable for Group 2 and 3 animals). Any building
or stable used to house such livestock shall not be permitted within
the front yard; and
(f)
All outdoor pasture/recreation areas shall be maintained with
a vegetated and stable surface that is enclosed by a minimum four-foot-high
permanent fence to prevent the escape of the animals.
A.
Recreational vehicles, boats, campers, trailers, and
trucks. Within any (R-1, R-2, R-3, MHP, and VO) Zones, the unenclosed
storage of recreational vehicles, travel trailers, trucks, buses,
boats, and trailers used solely for the transport of the residents'
recreational vehicle(s) is permitted only according to the following
requirements:
(1)
For purposes of this section, recreational vehicles,
travel trailers, buses, boats (including trailers), and other trailers
used solely for the transport of the residents' recreational vehicle(s)
are divided into two separate categories, as follows:
(a)
Class I vehicles: Those recreational vehicles,
travel trailers, buses, boats (including trailers), and other trailers
used solely for the transport of the residents' recreational vehicle(s)
that possess no more than 200 square feet, as measured to the vehicle's
outermost edges, nor exceed a height of 10 feet, as measured from
the ground to the highest point of the main body of the vehicle. Vehicle
height shall not be measured on vehicle accessories (e.g., air conditioners,
vents, hatches, masts, antennas, outrigging fishing poles, etc.),
but will be measured to the highest point of any flybridge or other
boat console; and
(b)
Class II vehicles: Those recreational vehicles,
travel trailers, buses, boats (including trailers), and other trailers
used solely for the transport of the residents' recreational vehicle(s)
that possess more than 200 square feet, as measured to the vehicle's
outermost edges, and/or exceed a height of 10 feet, as measured from
the ground to the highest point of the main body of the vehicle. Vehicle
height shall not be measured on vehicle accessories (e.g., air conditioners,
vents, hatches, antennas, masts, outrigging fishing poles, etc.),
but will be measured to the highest point of any flybridge or other
boat console.
(2)
The temporary parking of one Class I or Class II vehicle
for periods not exceeding 72 hours during any seven-day period is
permitted on a paved or gravel surface in any yard, so long as the
vehicle is set back no less than 10 feet from any street right-of-way,
and five feet from adjoining property lines.
(3)
The storage of one Class I vehicle shall be permitted
per lot behind the building setback line, so long as the unit is set
back no less than five feet from any adjoining lot line. All areas
used for the storage of Class I vehicles shall be maintained so as
to keep vegetation properly trimmed and debris or litter disposed
of regularly. All vehicles shall maintain required licensure and current
inspection and shall prevent the leakage of fuels and/or lubricants
into the ground.
(4)
Except as permitted in § 220-32A(2), and as follows, the parking or storage of any Class II vehicle is expressly prohibited in any residential zone, or on any property used principally for residential purposes. The storage of one Class II vehicle on a residentially zoned parcel, or a parcel used for a principal residence, is permitted, subject to the following requirements:
(a)
In no case shall the vehicle contain more than
320 square feet, as measured to the vehicle's outermost edges, nor
exceed a height of 13 feet, as measured from the ground to the highest
point of the vehicle's main body. Vehicle height shall not be measured
on vehicle accessories (e.g., air conditioners, vents, hatches, antennas,
masts, outrigging fishing poles, etc.), but will be measured to the
highest point of any flybridge or other boat console.
(b)
All vehicles shall be set back a horizontal
distance equal to twice the vehicle's height from every side and rear
lot line.
(c)
No vehicle shall be stored in front of the building
setback line. On vacant lots, the vehicle must be stored behind the
required front yard setback line, as specified for principal uses.
(d)
Screening, as described in § 220-44C of this chapter, shall be provided along any side and rear lot lines. Such screening shall not extend into the required front yard. Screening shall not be required along a common side lot line when the owner resides on one lot, and stores the vehicle on an adjacent vacant lot that he/she owns. One ten-foot-wide break in required screening may be provided along one rear or side lot line for vehicular access onto an adjoining alley.
(e)
All areas used for the storage of Class II vehicles
shall be maintained so as to keep vegetation properly trimmed and
debris or litter disposed of regularly. All vehicles shall maintain
required licensure and prevent the leakage of fuels and/or lubricants
into the ground.
B.
Outdoor stockpiling. In all zones, no outdoor stockpiling
of any material or outdoor storage of trash is permitted in the front
yard. The outdoor stockpiling of material (including firewood) is
subject to all accessory use setbacks. In any residential zone, the
outdoor stockpiling of materials (except firewood) for more than 180
days is prohibited.
D.
Dumpsters. All trash dumpsters shall be located as specified in the (C-1, C-2, I-1, and I-2) Zones and screened as set forth in § 220-44 of this chapter.
E.
Domestic composts. The placement of framed enclosure
composts as an accessory residential use is permitted, subject to
all accessory use setbacks. Only waste materials from the residential
site shall be deposited within the compost, and in no case shall meat
or meat by-products be composted. All composts shall be properly maintained
so as not to become a nuisance to nearby properties.
A.
Front yard setback of buildings on built-up streets.
Except within the (R-3) Zone, where at least two adjacent buildings
within 100 feet of a property are set back a lesser distance than
that required, the average of the lesser distances becomes the required
minimum front setback for the property. However, in no case shall
the setback line be less than 20 feet from any abutting street right-of-way
line.
B.
Accessory or appurtenant structures. The setback regulations
do not apply to:
(1)
Telephone booths; and cornices, eaves, chimneys, steps,
canopies, and similar extensions, but do apply to porches and patios
whether covered or not;
(2)
Open fire escapes;
(3)
Minor public utility structures, articles of ornamentation
or decoration;
(4)
Fences, hedges, and retaining walls; and
(5)
Driveways, sidewalks and access drives.
[Amended 5-6-2009 by Ord.
No. 2009-02; 6-19-2014 by Ord. No. 2014-05]
A.
The height regulations do not apply to the following structures or
projections, provided such structures or projections are set back
a horizontal distance at least equal to their height from any property
line:
(1)
Water towers, antennas, utility poles, smokestacks, chimneys, farm
silos, flagpoles, or other similar structures, excluding wind turbines
and solar panels;
(2)
Rooftop structures for the housing of elevators, stairways, water
storage tanks, ventilating fans, and other mechanical appurtenances,
excluding wind turbines and solar panels; and
(3)
Parapet walls or cornices used solely for ornamental purposes if
not in excess of five feet above the roof line.
B.
In no case shall any freestanding or rooftop structure above the
maximum permitted height be used for the purpose of providing additional
floor space for residential, commercial or industrial purposes.
A.
On comer lots, there shall be provided and maintained
a clear sight triangle of at least 100 feet, as measured along the
center line from the intersecting roads. No structure, planting, excavation,
nor other visual obstruction shall be permitted at a height greater
than 30 inches within such area. All such clear sight triangles shall
be depicted upon proposed subdivision and land development plans and
sketch plans for building permit applications. A public right-of-way
shall also be reserved for the purpose of removing any visual obstruction
within the clear sight triangle.
[Amended 10-1-2008 by Ord. No. 2008-03]
 |
B.
In addition, any vegetative material that is greater
than 30 inches in height, that existed on the effective date of this
chapter, and that is located within the above-described clear sight
triangle, shall be considered nonconforming. Such vegetation may continue
for a period not to exceed six months from the effective date of this
chapter. After the six-month period, such vegetation shall be removed
by the owner.
C.
Should the owner fail to remove such vegetation within
the six-month period, the Township shall notify the owner of the need
to remove such vegetation within 30 days. Should the owner fail to
remove such vegetation after notification within 30 days, the Township
may remove such vegetation and seek reimbursement for the cost of
such removal from the owner, as prescribed by law.
A.
All dwelling units must conform to the minimum habitable
floor area following:
No persons or family shall be permitted to permanently
reside within any tent, travel trailer, bus, boat, camper, or motor
home. However, temporary occupancy of a tent, travel trailer, camper,
or motor home shall be permitted within an approved campground for
periods of up to 240 days in any calendar year or on the property
of a friend or relative for periods of no more than two weeks.
[Amended 10-1-2008 by Ord. No. 2008-03; 6-19-2014 by Ord. No. 2014-05]
More than one principal use may be established
on a single lot, provided that all lot and yard requirements, standards,
and other requirements of this chapter shall be met for each structure,
as though it were on an individual lot. In addition, such proposals
shall gain approval for any required land development or subdivision
plan and provide individually approved methods of sewage disposal.
Two-family conversions do not require a land development plan.
[Amended 2-15-2006 by Ord. No. 2006-03; 6-19-2014 by Ord. No. 2014-05]
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, except those buildings or structures for minor municipal service and utility facilities. For the purposes of this section, such building erected or moved on a lot must adjoin and have direct physical vehicular access onto a public or private street that is designed, improved and maintained in accordance with § 194-25 (Streets - Subdivision and Land Development). The erection of buildings without approved access shall not be permitted. Approved access shall be defined in terms of Chapter 194, Subdivision and Land Development, as may be amended from time to time, for street design or as subsequently provided for by the Township. Access to lots containing single-family dwellings shall be via driveways (see § 220-40); access to lots containing other uses shall be via access drives (see § 220-41).
A.
Number per lot. No more than two driveway connections
per lot shall be permitted.
B.
Setbacks. Driveways shall not connect with a public street within 40 feet of the right-of-way lines of any intersecting streets, nor within five feet of a fire hydrant. Furthermore, no part of a driveway shall be located within five feet from any adjoining side lot line, except as permitted in §§ 220-40I, J, K and L and 220-53B of this chapter.
C.
Clear sight triangle. Driveways shall be located and
constructed so that a clear sight triangle of 75 feet, as measured
along the street center line, and five feet along the driveway center
line, is maintained; no permanent obstructions and/or plant materials
over 30 inches high shall be placed within this area.
 |
D.
Slope. A driveway shall not exceed a slope of 8% within
25 feet of the street right-of-way lines.
E.
Road classification. Driveway access shall be provided
to the street of lesser classification when there is more than one
street classification involved.
F.
Driveway width. No driveway shall provide a curb cut
exceeding 24 feet in width.
G.
PennDOT permit. Any driveway intersecting with a Township-owned
or a state-owned road shall require the obtainment of a driveway permit
from the Township or Pennsylvania Department of Transportation, respectively.
H.
Drainage. Driveways shall not be constructed in a
manner to be inconsistent with the design, maintenance and drainage
of the street.
I.
Townhouses on individual lots are permitted to utilize
front-yard driveways and garages, if such driveways are designed and
constructed to provide independent access to both required off-street
parking spaces, are only connected to local roads, and comply with
the following as depicted below:
 |
(1)
Such driveways must be arranged as a side-by-side,
joint-use driveway with an adjoining townhouse (see Lots 1-6), except
that one end unit within a townhouse grouping containing three, five
or seven units may use one freestanding driveway (see Lot 7);
(2)
Such driveway shall be at least 43 feet in length
(see Lot 7), and the side-by-side, off-street parking spaces shall
be set back at least 23 feet from the street line (see Lot 1);
(3)
Such driveways must be set back at least:
(a)
Twelve feet from any lot line of an adjoining
townhouse that does not share the joint-use driveway, as measured
at the street line (see Lots 2 and 3);
(b)
Two feet from any lot line of an adjoining townhouse
that does not share the joint-use driveway (see the inset in the above
diagram);
(c)
Thirty feet from the right-of-way of any street
or alley which does not connect with the driveway (see Lot 1);
(d)
Twenty feet from the lot line of an end unit
that abuts another end unit or a non-townhouse use (see Lot 7); and
(e)
Five feet from the closest point of any building
other than a garage (see Lot 1).
(4)
No individual driveway shall be narrower than 20 feet
(See Lot 7);
(5)
Garages must be attached to, and rely upon, a driveway
as permitted above;
(6)
Garages must be set back at least:
(a)
Twenty-three feet from the street right-of-way
(see Lot 1);
(b)
Twelve feet from any lot line of an adjoining
townhouse that does not share a joint-use driveway (see Lot 5);
(c)
Five feet, when detached from any building on
the site (see Lot 1); and
(d)
Twenty feet from the lot line of an end unit
that abuts another end unit or a non-townhouse use (see Lot 7).
J.
Townhouses on individual lots are permitted to utilize
rear yard driveways and garages, if such driveways are designed and
constructed to provide independent access to both required off-street
parking spaces, and comply with the following as depicted below:
 |
(1)
Such driveways must be arranged as a side-by-side,
joint-use driveway with an adjoining townhouse (see Lots 1-7);
(2)
Such driveways must be set back at least:
(a)
Thirty feet from the right-of-way of any street
or alley which does not connect with the driveway (see Lot 1);
(b)
Twenty feet from the lot line of an end unit
that abuts another end unit or a non-townhouse use (see Lot 7); and
(c)
Five feet from the closest point of any building
other than a garage.
(3)
No individual driveway shall be narrower than 20 feet
(see Lot 2);
(4)
Garages must be attached to, and rely upon, a driveway
as permitted above;
(5)
Garages must be set back at least:
(a)
Twenty feet from the alley right-of-way (see
Lot 4);
(b)
Twelve feet from any townhouse unit that is
not directly attached to the garage (see Lot 5);
(c)
Five feet, when detached from any building on
the site;
(d)
Five feet from any adjoining lot line that does
not share the same garage structure (see Lot 4); and
(e)
Eighteen feet from the lot line of an end unit
that abuts another end unit or a non-townhouse use.
K.
Townhouses on common property are permitted to utilize
front-yard driveways and garages, if such driveways are designed and
constructed to provide independent access to both required off-street
parking spaces, are only connected to local roads, and comply with
the following as depicted below:
 |
(1)
Such driveways must be arranged as a side-by-side,
joint-use driveway with an adjoining townhouse (see Units 1-6), except
that one end unit within a townhouse grouping containing three, five
or seven units may use one freestanding driveway (see Unit 7);
(2)
Such driveway shall be at least 43 feet in length
(see Unit 7), and the side-by-side, off-street parking spaces shall
be set back at least 23 feet from the street line (see Unit 1);
(3)
Such driveways must be set back at least:
(a)
Thirty feet from the right-of-way of any street
or alley which does not connect with the driveway (see Unit 1);
(b)
Twenty-four feet from any other driveway or
access drive that is not connected to the driveway, as measured at
the street line (see Units 2 and 3);
(c)
Four feet from any other driveway or access
drive that is not connected to the driveway (see the inset in the
above diagram);
(d)
Twenty feet from any outside boundary of the
development site or a non-townhouse use (see Unit 7);
(e)
Forty feet between two different driveways serving
end units; and
(f)
Five feet from the closest point of any building
other than a garage (see Unit 1).
(4)
No driveway shall be narrower than 20 feet (see Unit
7);
(5)
Garages must be attached to, and rely upon, a driveway
as permitted above;
(6)
Garages must be set back at least:
(a)
Twenty-three feet from the street right-of-way
(see Unit 1);
(b)
Fourteen feet from any adjoining townhouse that
does not share a joint-use driveway (see Units 2 and 3);
(c)
Five feet, when detached from any building on
the site (see Unit 4);
(d)
Eighteen feet from an outside boundary of the
development site or a non-townhouse use; and
(e)
Thirty-six feet between two different garages
serving end units.
L.
Townhouses on common property are permitted to utilize
rear yard driveways and garages, if such driveways are designed and
constructed to provide independent access to both required off-street
parking spaces, and comply with the following as depicted below:
 |
(1)
Such driveways must be arranged as a side-by-side,
joint-use driveway with an adjoining townhouse (see Units 1-7);
(2)
Such driveways must be set back at least:
(a)
Thirty feet from the right-of-way of any street
or alley which does not connect with the driveway (see Unit 1);
(b)
Twenty feet from the lot line of an end unit
that abuts another end unit or a non-townhouse use (see Unit 7); and
(c)
Five feet from the closest point of any building
other than a garage.
(3)
No individual driveway shall be narrower than 20 feet;
(4)
Garages must be attached to, and rely upon, a driveway
as permitted above, and shall be no wider than 48 feet (see Units
3 and 4);
(5)
Garages must be set back at least:
(a)
Twenty feet from the alley right-of-way (see
Unit 4);
(b)
Twelve feet from any townhouse unit that is
not directly attached to the garage (see Unit 5);
(c)
Five feet, when detached from any building on
the site;
(d)
Twelve feet from any adjoining garage that does
not share the same garage structure (see Units 2 and 3); and
(e)
Twenty feet from the lot line of an end unit
that abuts another end unit or a non-townhouse use (see Unit 7).
M.
Townhouses on individual lots are permitted to utilize
front-yard driveways and garages, if:
(1)
Such townhouses have garages contained on the ground
floor of the unit;
(2)
Such garages share the front wall on the same vertical
plane as the townhouse unit;
(3)
Such driveways are only connected to local roads;
(4)
Such townhouses, garages and their driveways comply
with the following as depicted below:
 |
(a)
Such driveways must extend entirely between
the cartway of the adjoining local road and the garage contained within
the townhouse unit (see Lots 1-7);
(b)
Such driveway shall be at least 40 feet in length
as measured from the street right-of-way line (see Lot 5);
(c)
Such driveways must be set back at least:
[1]
One foot from any side lot line (See inset on
Lots 1 and 2);
[2]
Thirty feet from the right-of-way of any street
or alley which does not connect with the driveway (see Lot 1);
[3]
Twenty feet from the lot line of an end unit
that abuts another end unit or a non-townhouse use (see Lot 7); and
[4]
No individual driveway shall be narrower than
12 feet or wider than 14 feet.
N.
Townhouses on common property are permitted to utilize
front-yard driveways and garages, if:
(1)
Such townhouses have garages contained on the ground
floor of the unit;
(2)
Such garages share the front wall on the same vertical
plane as the townhouse unit;
(3)
Such driveways are only connected to local roads;
(4)
Such townhouses, garages and their driveways comply
with the following as depicted below:
 |
(a)
Such driveways must extend entirely between
the cartway of the adjoining local road and the garage contained within
the townhouse unit (see Units 1-7);
(b)
Such driveway shall be at least 30 feet in length
as measured from the street right-of-way line (see Unit 5);
(c)
Such driveways must be set back at least:
[1]
Two feet from any other driveway and neighboring
townhouse unit (See between Units 1 and 2);
[2]
Thirty feet from the right-of-way of any street
or alley which does not connect with the driveway (see Unit 1);
[3]
Twenty feet from a neighboring end unit or a
non-townhouse use (see Unit 7); and
[4]
No individual driveway shall be narrower than
12 feet or wider than 14 feet.
O.
Townhouses on individual lots are permitted to utilize
rear-yard driveways and garages, if:
(1)
Such townhouses have garages contained on the ground
floor of the unit;
(2)
Such garages share the rear wall on the same vertical
plane as the townhouse unit;
(4)
Such townhouses, garages and their driveways comply
with the following as depicted below:
 |
(a)
Such driveways must extend entirely between
the alley and the garage contained within the townhouse unit (see
Lots 1-7);
(b)
Such driveway shall be at least 40 feet long
as measured from the closest edge of the alley cartway (see Lot 4);
(c)
Such driveways must be set back at least:
[1]
One foot from any side lot line (See Lots 4
and 5);
[2]
Thirty feet from the right-of-way of any street
or alley which does not connect with the driveway (see Lot 1);
[3]
Twenty feet from the lot line of an end unit
that abuts another end unit or a non-townhouse use (see Lot 7); and
[4]
No individual driveway shall be narrower than
12 feet or wider than 14 feet.
(5)
For units employing the above design, the minimum
required front yard setback is reduced to 25 feet and the maximum
permitted lot coverage is increased to 60%.
P.
Townhouses on common property are permitted to utilize
rear-yard driveways and garages, if:
(1)
Such townhouses have garages contained on the ground
floor of the unit;
(2)
Such garages share the rear wall on the same vertical
plane as the townhouse unit;
(4)
Such townhouses, garages and their driveways comply
with the following as depicted below:
 |
(a)
Such driveways must extend entirely between
the alley and the garage contained within the townhouse unit (see
Units 1-7);
(b)
Such driveway shall be at least 40 feet long
as measured from the closest edge of the alley cartway (see Unit 4);
(c)
Such driveways must be set back at least:
[1]
Two feet from any other driveway and neighboring
townhouse unit (See Inset on Units 1 and 2);
[2]
Thirty feet from the right-of-way of any street
or alley which does not connect with the driveway (see Unit 1);
[3]
Twenty feet from a neighboring end unit or a
non-townhouse use (see Unit 7); and
[4]
No individual driveway shall be narrower than
12 feet or wider than 14 feet; and
(5)
For units employing the above design, the minimum
required front yard setback is reduced to 25 feet and the maximum
permitted lot coverage is increased to 60%.
A.
Off-street parking shall be required in accordance
with the provisions of this section prior to the occupancy of any
building or use, so as to alleviate traffic congestion on streets.
All parking exclusively serving agricultural and/or forestry-related
activities shall be exempt from off-street parking requirements. Off-street
parking shall be provided whenever:
B.
Parking for single-family dwellings. Every single-family dwelling shall be required to provide at least two off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports or driveways. Additional regulations pertaining to driveways are contained in § 220-40 of this chapter.
C.
Parking for all other uses.
(1)
Site plan. Each application for a zoning permit (or a use for which parking spaces are required) shall include a drawing (site plan) showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required by § 194-30 of Chapter 194, Subdivision and Land Development.
[Amended 10-1-2008 by Ord. No. 2008-03]
(2)
Schedule of required spaces. The following lists required
numbers of automobile and oversized parking spaces by use type. Any
use involving a combination of several uses shall provide the total
number of spaces required for each individual use.
[Amended 10-1-2008 by Ord. No. 2008-03]
|
COMMERCIAL USES
| |||
|---|---|---|---|
|
Type of Use
|
Minimum of One Automobile Parking Space
for Each
|
Minimum of One Oversize Parking Space
for Each
| |
|
Automobile filling station
|
1/2 filling nozzle (i.e., 2 per nozzle) and 1 per employee on
the largest shift
|
8 pumping nozzles
| |
|
Automobile, truck, trailer, bus, and recreational
vehicle repair, filling and washing facilities
|
400 square feet of gross floor and ground area
devoted to repair and service facilities in addition to areas normally
devoted to automobile storage and one per employee on major shift
|
10,000 square feet of gross floor and ground
area devoted to repair and service facilities
| |
|
Automobile, boat, and trailer sales
|
1,000 square feet of gross indoor and outdoor
display areas
|
10,000 square feet of gross indoor and outdoor
display areas
| |
|
Carpeting, drapery, floor covering, and wall
covering sales
|
500 square feet of gross floor area
|
10,000 square feet of gross indoor and outdoor
display areas
| |
|
Convenience stores
|
75 square feet of gross floor area
|
1,000 square feet of gross floor area, or fraction
thereof
| |
|
Drive-through and/or fast-food restaurants
|
Two seats and one per each two employees
|
30 seats or fraction thereof
| |
|
Food markets and grocery stores
|
150 square feet of gross floor area for public
use and one per each employee on two largest shifts
|
5,000 square feet of gross floor area, or fraction
thereof
| |
|
Funeral homes
|
100 square feet of gross floor area, one per
each employee, and one per each piece mobile equipment, such as hearses
and ambulances
|
Funeral home
| |
|
Furniture sales
|
500 square feet gross floor area
|
10,000 square feet of gross floor area, or fraction
thereof
| |
|
Hotels, motels
|
Guest sleeping room and one per each employee
on two largest shifts; (restaurants and other accessory uses shall
add to this requirement)
|
10 guest sleeping rooms, or fraction thereof
| |
|
Mini-warehouses
|
25 units plus one per 250 square feet of office
space, plus two per any resident manager
|
25 units, or fraction thereof
| |
|
Nightclubs
|
Two seats plus one per each employee on site
at one time
|
30 seats of legal occupancy or fraction thereof
| |
|
Office buildings
|
300 square feet of gross floor area
|
10,000 square feet of gross floor area, or fraction
thereof
| |
|
Professional offices of veterinarians, physicians,
dentists, etc.
|
Six spaces per each physician or dentist, etc.
|
10,000 square feet of gross floor area, or fraction
thereof
| |
|
Retail stores or shops (except those listed
above)
|
200 square feet of gross floor area of display
area or sales area and one per each employee on two largest shifts
|
5,000 square feet of gross floor area, or fraction
thereof
| |
|
Restaurants and taverns
|
Three seats plus one per each employee on largest
shift
|
30 seats or fraction thereof
| |
|
Shopping centers or malls
|
See § 220-121D of this chapter
|
5,000 square feet of gross floor area, or fraction
thereof
| |
|
Other commercial buildings
|
400 square feet of gross floor area
|
5,000 square feet of gross floor area, or fraction
thereof
| |
|
INDUSTRIAL USES
| |||
|---|---|---|---|
|
Type of Use
|
Minimum of One Automobile Parking Space
for Each
|
Minimum of One Oversize Parking Space
for Each
| |
|
Industrial and heavy manufacturing establishments
|
Two employees on the two largest shifts or at
least one space per each 1,000 square feet of gross floor area, whichever
is the greatest number
|
10,000 square feet of gross floor area, or fraction
thereof
| |
|
Warehousing
|
Employee on the two largest shifts
|
10,000 square feet of gross floor area, or fraction
thereof
| |
|
RECREATION USES
| |||
|---|---|---|---|
|
Type of Use
|
Minimum of One Automobile Parking Space
for Each
|
Minimum of One Oversize Parking Space
for Each
| |
|
Amusement arcades
|
80 square feet of gross floor area
|
30 persons of legal occupancy or fraction thereof
| |
|
Athletic fields
|
Four seats of spectator seating; however, if
no spectator seating is provided, an unimproved parking area shall
be provided on the site. Such area must provide sufficient numbers
of spaces to serve all users of the site, and include a means to control
vehicular access so as not to cross neighboring properties.
|
1/2 field (i.e., 2 per field)
| |
|
Bowling alleys, billiards rooms
|
1/4 lane/table (i.e., 4 per lane/table) and
one per each two employees
|
100 persons of legal occupancy or fraction thereof
| |
|
Campgrounds
|
Non-RV campsite, plus one per employee, plus
50% of the spaces normally required for accessory uses
|
RV campsite, plus 1 per 20 non-RV campsites
or fraction thereof
| |
|
Golf courses
|
1/4 hole (i.e., 4 per hole), plus one per employee,
plus 50% of the spaces normally required for accessory uses
|
9 holes or fraction thereof
| |
|
Golf driving ranges
|
One per tee and one per employee
|
20 tees or fraction thereof
| |
|
Miniature golf courses
|
1/2 hole (i.e., 2 per hole) and one per employee
|
18 holes or fraction thereof
| |
|
Riding schools or horse stables
|
Two stalls plus one per every four seats of
spectator seating
|
Four stalls or fraction thereof
| |
|
Picnic areas
|
Per table
|
20 tables or fraction thereof
| |
|
Skating rinks
|
Four persons of legal occupancy
|
100 persons of legal occupancy, or fraction
thereof
| |
|
Swimming pools (other than one accessory to
a residential development)
|
Four persons of legal occupancy
|
100 persons of legal occupancy, or fraction
thereof
| |
|
Tennis or racquetball clubs
|
1/4 court (i.e., 4 per court), plus one per
employee plus 50% of the spaces normally required for accessory uses
|
10 courts or fraction thereof
| |
|
RESIDENTIAL USES
| |||
|---|---|---|---|
|
Type of Use
|
Minimum of One Automobile Parking Space
for Each
|
Minimum of One Oversize Parking Space
for Each
| |
|
Single-family detached dwellings, two-family
conversions, and conversion apartments
|
1/2 dwelling unit (i.e., two spaces per dwelling
unit)
|
See § 220-32 of this chapter
| |
|
Boardinghouses, group homes, and bed-and-breakfasts
|
Bedroom
|
See § 220-32 of this chapter
| |
|
Duplex, townhouse and multiple-family, dwellings
|
1/2 dwelling unit (i.e., two spaces per dwelling
unit); such parking spaces can take the form of private driveways,
or garages and/or common parking lots, provided all spaces required
are within 150 feet of the unit served
|
See § 220-32 of this chapter
| |
|
SOCIAL AND INSTITUTIONAL USES
| |||
|---|---|---|---|
|
Type of Use
|
Minimum of One Automobile Parking Space
for Each
|
Minimum of One Oversize Parking Space
for Each
| |
|
Auditorium, banquet, conference, and meeting
facilities; church, theater, and other such places of public assembly
|
200 square feet, but not fewer than one space
per each three seats
|
100 persons of legal occupancy, or fraction
thereof
| |
|
Clubs, lodges and other similar places
|
200 square feet of gross floor area and one
per each employee on two largest shifts
|
30 persons of legal occupancy, or fraction thereof
| |
|
Nursing, rest or retirement homes
|
Three accommodations (beds) in addition to those
needed for doctors and support staff
|
100 persons of residency, or fraction thereof
| |
|
Hospitals, sanitariums
|
Spaces shall be provided for visitors, at the
rate of at least one space per each 1.5 accommodations (beds); such
spaces shall be in addition to those necessary for doctors and other
personnel
|
100 accommodations (beds), or fraction thereof
| |
|
Museums, art galleries, cultural centers, libraries
|
400 square feet of gross floor area
|
100 persons of legal occupancy, or fraction
thereof
| |
|
Rehabilitation centers (without overnight accommodations)
|
One per each employee and per each three people
anticipated to be handled through the facility
|
30 persons of legal occupancy, or fraction thereof
| |
|
Schools below grade 10, including principal
day-care and kindergarten
|
Six students enrolled
|
60 students enrolled, or fraction thereof
| |
|
Schools, 10th grade and above, including colleges
|
Three students enrolled
|
40 students, or fraction thereof
| |
|
Vocational training and adult education facilities
|
1.5 students enrolled
|
60 students enrolled, or fraction thereof
| |
(3)
Joint parking lots:
(a)
In commercial shopping centers over three acres
in size, joint parking lots may be permitted. These joint facilities
can reduce the total number of parking spaces required by a maximum
of 20%. Therefore, the resulting joint parking lot will be required
to provide at least 80% of the total number of spaces required by
the sum of all of the shopping center's tenants. Such reduced parking
spaces must be appropriately distributed on the lot to provide convenient
walking distance between every vehicle and each of the shopping center's
stores.
(b)
Required parking spaces may be provided in parking
lots designated to jointly serve two or more establishments or uses,
provided that the number of required spaces in such joint facility
shall not be less than the total required separately for all such
establishments or uses. However, where it can be conclusively demonstrated
that one or more uses will be generating a demand for parking spaces,
primarily during periods when the other use(s) is not in operation,
the total number of required parking spaces may be reduced to:
[1]
That required number of spaces that would be
needed to serve the use generating the most demand for parking; plus
[2]
Twenty percent of that number of required parking
spaces needed to serve the use(s) generating the demand for lesser
spaces;
[3]
Each use must reserve sufficient land area on
its respective site to accommodate required parking independently.
(4)
Prohibited uses of a parking lot. Automobile parking
lots are for the sole purposes of accommodating the passenger vehicles
of persons associated with the use which requires them. Parking lots
shall not be used for the following:
A.
Off-street loading shall be required in accordance
with this section prior to the occupancy of any building or use, so
as to alleviate traffic congestion on streets. These facilities shall
be provided whenever:
B.
Site plan. Each application for a zoning permit (or
use for which off-street loading spaces are required) shall include
a drawing (site plan) showing the proposed layout of the loading area.
The drawing shall clearly indicate the design elements required below.
No zoning permit shall be issued for any use for which a loading area
is required, unless the site plan has been approved or necessary variances
have been approved.
[Amended 10-1-2008 by Ord. No. 2008-03]
C.
Location. Except as provided elsewhere, a ground level
loading area may be located in any side or rear yard. No exterior
portion of an off-street loading facility (including access drives)
shall be located within 50 feet of any land within a (R-1, R-2, R-3,
MHP, or VO) Zone. Off-street loading facilities shall be located on
the face of a building not facing any adjoining land in a (R-1, R-2,
R-3, MHP, or VO) Zone.
E.
Sizes. The following lists required minimum loading
space sizes (excluding access drives, entrances and exits):
|
Facility
|
Length
|
Width
|
Height
(if Covered or Obstructed)
| |
|---|---|---|---|---|
|
Industrial, wholesale and storage uses
|
65 feet
|
12 feet
|
15 feet
| |
|
All other uses
|
33 feet
|
12 feet
|
15 feet
|
F.
Schedule of Required Loading Spaces:
[Amended 10-1-2008 by Ord. No. 2008-03]
|
Type of Use
|
Number Spaces Per
|
Gross Floor Area/Dwelling Unit
| |
|---|---|---|---|
|
Hospital or other institution
|
None
|
First 10,000 square feet
| |
|
1.0
|
10,000 to 100,000 square feet
| ||
|
+1.0
|
Each additional 100,000 square feet (or fraction)
| ||
|
Hotel, motel and similar lodging facilities
|
None
|
First 10,000 square feet
| |
|
1.0
|
10,000 to 100,000 square feet
| ||
|
+1.0
|
Each additional 100,000 square feet (or fraction)
| ||
|
Industry or manufacturing
|
None
|
First 2,000 square feet
| |
|
1.0
|
2,000 to 25,000 square feet
| ||
|
+1.0
|
Each additional 40,000 square feet (or fraction)
| ||
|
Multifamily dwelling
|
None
|
Less than 100 dwelling units
| |
|
1.0
|
100 to 300 dwelling units
| ||
|
+1.0
|
Each additional 200 dwelling units (or fraction)
| ||
|
Office building, including banks
|
None
|
First 10,000 square feet
| |
|
1.0
|
10,000 to 100,000 square feet
| ||
|
+1.0
|
Each additional 100,000 square feet (or fraction)
| ||
|
Planned centers
|
To be determined through the addition of all loading spaces
required for each separate use within the planned center
| ||
|
Retail sales and services, per store, and restaurants
|
None
|
First 2,000 square feet
| |
|
1.0
|
2,000 to 10,000 square feet
| ||
|
2.0
|
10,000 to 40,000 square feet
| ||
|
+1.0
|
Each additional 100,000 square feet (or fraction)
| ||
|
Shopping centers
|
See § 220-121 of this chapter
| ||
|
+1.0
|
Each additional 100,000 square feet
| ||
|
Theater, auditorium, bowling alley, or other
recreational establishment
|
None
|
First 10,000 square feet
| |
|
1.0
|
10,000 to 100,000 square feet
| ||
|
+1.0
|
Each additional 100,000 square feet (or fraction)
| ||
|
Undertaking establishment or funeral parlor
|
None
|
First 3,000 square feet
| |
|
1.0
|
3,000 to 5,000 square feet
| ||
|
+1.0
|
Each additional 100,000 square feet (or fraction)
| ||
|
Wholesale or warehousing (except mini-warehousing)
|
None
|
First 1,500 square feet
| |
|
1.0
|
1,500 to 10,000 square feet
| ||
|
+1.0
|
Each additional 40,000 square feet (or fraction)
|
A.
Yard ground cover. Any part of the site which is not
used for buildings, other structures, loading or parking spaces and
aisles, sidewalks, and designated storage areas shall be planted with
an all-season ground cover approved by the Board of Supervisors (e.g.,
grass, mulch, ivy, pachysandra, etc.). In addition, gravel can be
substituted if done in a manner to complement other vegetative materials.
It shall be maintained to provide an attractive appearance, and all
nonsurviving plants shall be replaced promptly.
B.
Landscaping requirements.
(1)
Any required landscaping (landscape strips and interior
landscaping) shall include a combination of the following elements:
deciduous trees, ground covers, evergreens, shrubs, vines, flowers,
rocks, gravel, earth mounds, berms, walls, fences, screens, sculptures,
fountains, sidewalk furniture, or other approved materials. Artificial
plants, trees and shrubs may not be used to satisfy any requirement
for landscaping or screening. No less than 80% of the required landscape
area shall be vegetative in composition, and no outdoor storage shall
be permitted within required landscape areas.
(2)
For each 750 square feet of required area for landscape
strips, one shade/ornamental tree shall be provided. If deciduous,
these trees shall have a clear trunk at least five feet above finished
grade; if evergreen, these trees shall have a minimum height of six
feet. All required landscape strips shall have landscaping materials
distributed along the entire length of the lot line abutting the yard.
C.
Screening. The following materials may be used: evergreens
(trees, hedges or shrubs), walls, fences, earth berms, or other approved
similar materials. Fences and walls shall not be constructed of corrugated
metal, corrugated fiberglass or sheet metal. Screening shall be arranged
so as to block the ground level views between grade, and a height
of six feet. Landscape screens must achieve this visual blockage within
two years of installation.
D.
Selection of plant materials.
(1)
Trees and shrubs shall be typical of their species
and variety; have normal growth habits, well-developed branches, dense
foliage, vigorous, fibrous root systems. They shall have been grown
under climatic conditions similar to those in the locality of the
project or properly acclimated to conditions of the locality of the
project.
(2)
Any tree or shrub which dies shall be replaced so
as to maintain ground cover and/or screening. All landscaping and
screening treatments shall be properly maintained.
[Amended 12-5-2007 by Ord. No. 2007-08; 10-1-2008 by Ord. No.
2008-03]
A.
General regulations for all signs.
(1)
Signs must be constructed of durable material and maintained in good
condition;
(2)
No sign shall be maintained within the Township in such a state of
disrepair as to have the appearance of complete neglect, which is
rotting or falling down, which is illegible, or has loose parts separated
from original fastenings;
(3)
Whenever a sign becomes structurally unsafe or endangers the safety
of the building or premises or endangers public safety, the Zoning
Officer shall give written notice to the owner of the premises on
which the sign is located that such sign be made safe or removed within
five days;
(4)
Advertising painted upon or displayed upon a barn or other building
or structure shall be regarded as a flat wall sign and the regulations
pertaining thereto shall apply;
(5)
Each sign shall be removed when the circumstances leading to its
erection no longer apply;
(6)
Signs must be positioned so that they do not interfere with any clear
sight triangle;
(7)
Determination of size. The area of a sign shall be construed to include
all lettering, wording and accompanying designs and symbols, together
with the background, whether open or enclosed, on which they are displayed,
including any border framing or decorative attachments, but not including
any supporting framework or bracing incidental to the display itself.
Where the sign consists of individual letters or symbols attached
to a building, wall or window, the area of the sign shall be considered
to be that of the smallest rectangle or other regular geometric shape
which encompasses all of the letters and symbols. Where a sign has
two or more faces, the area of all faces shall be included in determining
the area of the sign; provided, however, for a double-faced sign,
if the interior angle formed by the two faces of the double-faced
sign is less than 45°, and the two faces are at no point more
than three feet from one another, the area of only the larger face
shall be included;
 |
 |
(8)
No loud, vulgar, indecent, or obscene advertising matter shall be
displayed in any manner, including, but not limited to:
(a)
Acts or simulated acts of sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation, or any sexual acts
which are prohibited by law;
(b)
Scenes wherein a person displays the vulva or the anus or other
genitals;
(c)
Scenes wherein artificial devices are employed to depict, or
drawings are employed to portray, any of the prohibited signs, photographs
or graphic representations described above; and
(d)
Any other graphic illustration pertaining to specified sexual
activities and/or specified anatomical areas.
(9)
No sign shall be erected or located as to prevent free ingress or
egress from any window, door or fire escape;
(10)
No sign shall be placed in such a position that it will obscure
light or air from a building or which would create a traffic danger;
(11)
No sign shall be permitted within the right-of-way of any street;
(12)
No sign located within any floodplain shall exceed six square
feet of area per side;
(13)
In the event that a symbol, trademark or other such figure is
used as a sign post or standard which could be construed to indicate
or identify a particular use or business, that symbol, trademark or
figure is to be computed as part of the total allowable sign area;
(14)
Except in the cases of billboards, as regulated by § 220-45B, and off-premises signs, as regulated by § 220-45B, only those signs referring directly to materials or products made, sold or displayed on the premises, to services offered on the premises, and/or to activities conducted on the premises, shall be permitted;
(15)
Banners, ribbons pennants, or other similar materials shall
not be permitted to be located on any building, structure (including
signs) or on the premises;
(16)
Except in the case of billboards and school bus shelters, all
signs must relate to a use or activity that is located and/or conducted
within East Cocalico Township;
(17)
All signs, except permitted temporary signs as specifically regulated by this § 220-45, shall be affixed at a permanent and stationary location.
(18)
No advertising sign shall contain lighting that is not shielded,
and any lighting shall be of such low intensity as not to cause glare
or impair the vision of the operator of any motor vehicle. The brightness
of a sign can be no more than 0.5 footcandles per square foot of display
area.
(19)
No advertising display or device shall be illuminated by any
rapid flashing, intermittent light, scrolling, or motion lights.
(20)
No regulation contained within this chapter shall be interpreted
to prevent the display of a flag of the state or federal government.
(21)
The lighting of new, or relighting of existing, billboards and
signs shall be subject to the following requirements:
(a)
Signs may be interior lighted with nonglaring lights, or may
be illuminated by floodlights or spotlights that are shielded, so
there is no direct light transmitted to other properties or public
rights-of-way;
(b)
Except in the case of dynamic message displays as defined and
regulated herein, no sign shall be of the intermittent-flashing or
rotating type;
(c)
No sign located within 300 feet of any traffic light shall be
illuminated with red, green or yellow lights or neon tubing;
(d)
All electrically illuminated signs shall be constructed to the
standard and listing of the Underwriters Laboratories, Inc.(UL). All
electrical devices and wiring shall be installed in accordance with
the International Code Council (ICC) Electrical Code and the National
Fire Protection Association, National Electrical Code, (NFPA 70).
(e)
Externally illuminated billboards and signs shall have fixtures
mounted at the top of the billboard or sign and aimed downward. The
fixtures shall be designed, fitted and aimed to shield the source
from off-site view and to place the light output onto the billboard
or sign and not to project their output into the windows of neighboring
residences, adjacent uses, past the face of the billboard or sign,
skyward or onto a public roadway. Lighting shall be by linear fluorescent
sources.
(f)
The light source for internally illuminated signs and billboards
shall not exceed. 1,000 initial lumens per square foot of sign face.
(g)
The illumination of billboards shall be limited to the (C),
(I-1) and (I-2) Zones, and the illumination of billboards within 500
feet of a residential use or (R), (R-1), (R-2), (R-3), (MHP), (MR)
and/or (VO) Zone shall not be permitted.
(h)
Except as superseded by § 220-45A(21)(c) of this chapter, the maximum illumination on the face of an externally illuminated billboard or sign shall not exceed 30 footcandles and shall have a maximum to minimum uniformity ratio not to exceed 6:1.
(i)
Rotating, traveling, pulsing, flashing, or oscillating light
sources, lasers, beacons, or strobe lighting shall not be permitted
except within the (I-2) Zone and not within 500 feet of a signalized
traffic intersection, a residential use or any (R), (R-1), (R-2),
(R-3), (MHP), (MR) and/or (VO) Zone.
(j)
The use of highly reflective signage that creates nuisance glare
or a safety hazard shall not be permitted.
(k)
Applications for the lighting or relighting of signs and billboards
shall be accompanied by a point-by-point plot of illuminance on the
sign or billboard face, catalog cuts of proposed fixtures and any
glare-reduction devices and a description of lamps, mounting locations,
aiming angles and proposed hours of operation and method for automatically
extinguishing the lighting.
(l)
The light from any illuminated sign shall not adversely affect
the vision of operators of vehicles moving on public or private streets
or parking areas, any (R), (R-1), (R-2), (R-3), (MHP), (MR) and/or
(VO) Zone, or property used for residential purposes.
(m)
No lighting shall be permitted to outline signs or parts thereof
through the use of exposed neon tubing, strings of lights, or other
means with the exception of customary holiday decorations, which may
be installed 30 days prior to and removed not later than 21 days after
the holiday.
(n)
Business signs in other than (C-1), (C-2), (I-1) and/or (I-2)
Zones shall not be illuminated when the business is closed.
(22)
Dynamic message display signs. Signs incorporating dynamic message
displays, as defined herein, shall comply with the following:
[Amended 5-16-2019 by Ord. No. 2019-03]
(a)
Dynamic message display signs shall be permitted only in the
(C-1), (C-2), (I-1) and/or (I-2) Zones, but not closer than:
[1]
Sixty feet from the edge of any existing cartway of any intersecting
street located within 500 feet of:
(b)
Dynamic message display signs shall comply with the following
design and operational requirements:
[1]
Dynamic message display sign size. The dynamic message display
sign may not exceed 50% of the total sign area.
[2]
Brightness. All electronic message signs must be equipped with
automatic day/night dimming capabilities. At nighttime, the sign must
be displayed in red and its brightness shall not exceed 0.5 footcandles
per square foot of display area.
[3]
Such signs shall employ sufficient size lettering and/or symbols
for immediate recognition;
[4]
Such signs shall display simple and static messages for immediate
recognition. Messages shall be complete in each display cycle and
shall not require viewers to see multiple display cycles to derive
its meaning;
[5]
Such signs shall use instantaneous transitions from one message
display cycle to the next with no blankouts, scrolling, fading, streaming,
zooming, flashing or any other animated effect.
[6]
Each message display cycle shall comply with the following minimum
time standards based upon the lowest speed limit of the road travel
lane from which the sign is visible:
|
Required Minimum Message Display Cycles
(seconds)
| |||
|---|---|---|---|
|
Speed Limit
(miles per hour)
|
Total Dynamic Message Display Sign Area With Up To 64 Square
Feet
|
Total Dynamic Message Display Sign Area With Between 64 and
300 Square Feet
|
Total Dynamic Message Display Sign Area With More Than 300 Square
Feet
|
|
25
|
17 seconds
|
28 seconds
|
56 seconds
|
|
30
|
14 seconds
|
24 seconds
|
48 seconds
|
|
35
|
12 seconds
|
20 seconds
|
40 seconds
|
|
40
|
11 seconds
|
18 seconds
|
36 seconds
|
|
45
|
10 seconds
|
16 seconds
|
32 seconds
|
|
50
|
9 seconds
|
14 seconds
|
28 seconds
|
|
55+
|
8 seconds
|
12 seconds
|
24 seconds
|
[7]
Community service. All dynamic message display sign owners must
use at least 20% of the operating time per eight-hour cycles for community
service (i.e., time, temperature, and school closing, weather, nonprofit,
announcements). All owners must notify Amber Alert and register its
location for use as needed.
[8]
Temporary message signage. All property owners utilizing a dynamic
message display sign must remove all exterior promotional banners
and sandwich board signs, and may not use any temporary signage.
[9]
Notwithstanding any other provision to the contrary, such signs
shall be permitted to include any color lighting, provided such signs
do not attempt, or appear to attempt, to direct the movement of traffic
or interfere with, imitate or resemble a traffic signal.
B.
Specific standards. The following tables[1] present specific standards imposed upon permanent and temporary signs, respectively. However, it is noted that the total number of permitted signs and the total sign area vary for properties that conform with the Township's Corridor Assessment Policy. See § 220-60 of this chapter for additional information.
[1]
Editor's Note: The tables of sign requirements are included as attachments to this chapter.
C.
All signs requiring the obtainment of a permit (as listed in the
preceding tables) shall be required to submit zoning permit applications
that include scaled plans or diagrams showing the following:
(1)
Exact dimensions of the lot, including any right-of-way lines or
building upon which the sign is proposed to be erected;
(2)
Exact size, dimensions and location of the said sign on the lot or
building together with its type, construction, materials to be used,
and the manner of installation; and
(3)
Any other lawful information which may be required of the applicant
by the Zoning Officer.
D.
Application for permit shall be made in writing to the Zoning Officer
and shall contain all information necessary for such Officer to determine
whether the proposed sign or the proposed alterations conform to all
the requirements of this chapter; and
E.
No sign permit shall be issued except in conformity with the regulations
of this chapter except upon order of the Zoning Hearing Board, granted
pursuant to the procedures established for the issuance of a variance.
[Amended 1-16-2013 by Ord. No. 2013-01]
For purposes of this chapter, the roads within
the Township shall be classified in accordance with the functional
roadway classification in the Transportation Impact Fee Program Roadway
Sufficiency Analysis.[1]
[1]
Editor's Note: Specific road designations were removed from
this section. For current designations, see Exhibit A to the East
Cocalico Township Roadway Sufficiency Analysis, added 8-7-2013 by
Res. No. 2013-07.
A.
Regardless of any maximum lot area requirements listed
elsewhere in this chapter, the minimum required lot size may be increased
to insure an acceptable level of nitrate-nitrogen in the adjoining
groundwaters. Such determinations will be made by the PA DEP, through
its sewer module review process. In those cases where applicable maximum
lot area requirements are exceeded to protect groundwater quality,
the applicant shall furnish evidence that the amount of land needed
to protect local groundwater is the minimum necessary for such protection.
All uses proposed within East Cocalico Township
shall operate in compliance with applicable state and federal regulations,
as they are periodically amended. The following lists known governmental
regulations associated with various land use impacts or specific requirements
imposed by this chapter. This list in no way excludes or limits federal
or state jurisdiction over uses within the Township, but is merely
provided for information to applicants and landowners.
A.
Noise.
(1)
Except for agricultural, horticultural and forestry-related
uses, no use shall regularly generate exterior noise levels in excess
of those listed in the following table:
|
Measurement Taken Along an Adjoining Property
Within the Following Districts
|
Time Period
|
Maximum Permitted Noise Level
| |
|---|---|---|---|
|
A, C, R, R-1, R-2, R-3, MHP, and VO
|
7:00 a.m. to 10:00 p.m.
|
50 dBA
| |
|
A, C, R, R-1, R-2, R-3, MHP, and VO
|
10:00 p.m. to 7:00 a.m.
|
45 dBA
| |
|
C-1 and C-2
|
7:00 a.m. to 10:00 p.m.
|
60 dBA
| |
|
C-1 and C-2
|
10:00 a.m. to 7:00 a.m.
|
55 dBA
| |
|
I-1 and I-2
|
Anytime
|
70 dBA
|
(2)
Should the ambient noise level at any location exceed
the above standards, that ambient noise level shall become the maximum
permitted noise level at that location. The maximum permitted noise
level shall be applied to regularly occurring uses and activities;
short-term temporary noises and infrequent instantaneous noises may
be permitted at noise levels 20 dBA higher than the above-described
standards, but only between 7:00 a.m. and 10:00 p.m.
B.
Glare and light.
(1)
All on-site lighting shall be provided within the following ranges for periods when the use is in operation and shall be, except as noted in § 220-48B(2), otherwise extinguished between the hours of 10:00 p.m. and 6:00 a.m.:
|
On-Site Area
|
Range of Required Illumination
| |
|---|---|---|
|
Roadside sidewalks and bikeways (without stairways
and/or tunnels)
|
0.2 to 0.9 footcandles
| |
|
Freestanding sidewalks, paths and bikeways (without
stairways and/or tunnels)
|
0.5 to 0.8 footcandles
| |
|
Sidewalk, path and bikeway stairways and/or
tunnels
|
20 to 50 footcandles
| |
|
Playgrounds, parks and athletic courts/fields
where on-site lighting is required
|
5.0 to 30 footcandles
| |
|
Off-street loading areas
|
2.0 to 20 footcandles
| |
|
Off-street parking areas
|
0.5 to 2.0 footcandles
| |
|
Building facades, monuments, fountains, signs,
architectural features, and similar objects
|
0 to 15 footcandles
| |
|
Building entries for public, quasi-public, commercial,
and industrial uses
|
1.0 to 5.0 footcandles
|
(2)
In all zones, exterior lighting of a building and/or
grounds for security surveillance purposes is permitted. Such lighting
shall be arranged, and of sufficient illumination, to enable the detection
of suspicious movement, rather than the recognition of definitive
detail. For security lighting of grounds and parking lots, the level
of illumination shall not exceed one footcandle. Security lighting
for buildings/structures shall be directed toward the face of the
building/structure, rather than the area around it, and shall not
exceed five footcandles.
(3)
In all zoning districts, all exterior lighting provided
in conjunction with any nonresidential or nonfarm use shall be hooded
and/or screened so as not to permit the source of illumination nor
lenses to be seen from off of the premises.
(4)
Adequate lighting shall be provided in parking lots
and loading areas that will be used at night. The primary lighting
sources shall be pole-mounted fixtures, not building-mounted fixtures.
The maximum height of lighting standards shall not exceed the maximum
permitted height of principal buildings or 20 feet whichever is less.
C.
Air pollution, airborne emissions and odor: "Rules
and Regulations" of the Pennsylvania Department of Environmental Protection.
D.
Water pollution: the Clean Streams Law, June 22, 1937
P.L. 1987, 35 P.S. § 691.1, as amended.
E.
Workplace safety: the General Safety Law, No. 174,
P.L. 654, and Regulations of the Pennsylvania Department of Labor
and Industry.
F.
Handicap access: the latest version of the Americans
With Disabilities Act.
A traffic impact report shall be required in accordance with § 194-14E(4) of Chapter 194, Subdivision and Land Development, and as required elsewhere within this chapter.
All agricultural uses shall comply with the
Pennsylvania "Nutrient Management Act" of 1993, as may be amended.[1]
[1]
Editor's Note: Said Act was repealed 7-6-2005
by P.L. 112, No. 38. See now 3 Pa.C.S.A. § 501 et seq.
All uses relying upon on-lot wells shall comply
with the East Cocalico Township Well Drilling Ordinance.
A.
Within any zone, the use of flag lots is permitted for public uses, public utilities and minor municipal service or utility facilities, and within the (A) Zone the use of residential flag lots is permitted only when it will enable the preservation of some important natural and cultural feature (as defined herein), which would otherwise be disturbed by conventional lotting techniques (for an applicant to qualify for the use of flag lots, the proposed development plan must successfully incorporate said important natural and/or cultural features onto one lot which will be subject to protection under § 220-49 of this chapter and § 194-50 of the SLDO ); better preserve prime farmlands and/or an agricultural operation which would otherwise be disturbed by conventional lotting techniques; and result in the retention of a farm with at least 20 acres.
[Amended 10-1-2008 by Ord. No. 2008-03]
(1)
For the purposes of this section, a flag-lot shall
be described as containing two parts:
(2)
Requirements for the flag.
(a)
The minimum lot area and lot width requirements
of this chapter shall be measured exclusively upon the flag.
(b)
For purposes of determining required yards and
setbacks, the following shall apply:
[1]
Front yard. The area between the principal structure
and that lot line of the flag which is most parallel to the street
providing vehicular access to the site. Additionally, all areas of
the pole shall be considered to be within the front yard.
[2]
Rear yard. The area between the principal structure
and that lot line of the flag that is directly opposite the front
yard, as described above.
[3]
Side yards. The area between the principal structure
and that one outermost lot line which forms the flag and pole, plus
the area on the opposite side of the principal structure. (See the
preceding flag-lot diagram for a graphic depiction of the yard locations.)
(3)
The flag-lot shall contain adequate driveway dimension
for vehicular backup, so that ingress to, and egress from, the lot
is in the forward direction.
(4)
Requirements for the pole:
(a)
The pole shall maintain a minimum width of 28
feet;
(b)
The pole shall not exceed 600 feet in length,
unless additional length is needed to avoid the disturbance of productive
farmlands or some other significant natural or cultural feature;
(c)
No part of the pole shall be used for any portion
of an on-lot sewage disposal system, nor any other improvement except
a driveway and other permitted improvements, such as landscaping,
fencing, utility connections to off-site facilities, mailboxes and
signs;
(d)
The cartway contained on the pole shall be located
at least six feet from any adjoining property line, and 20 feet from
any existing structures on the site or any adjoining property;
(e)
No pole shall be located within 200 feet of
another on the same side of the street, unless an adjoining pole utilizes
a joint-use driveway, regulated as follows.
B.
Joint-use driveways.
(1)
When one or more flag-lots are proposed, such lots
may rely upon a joint-use driveway for vehicular access;
(2)
A joint-use driveway must serve at least one flag-lot,
but may also serve conventional lots, up to a maximum of four total
lots;
(3)
All joint-use driveways shall have a minimum cartway
width of 16 feet; and
(4)
Cross access easements shall be required to ensure
common use of, access to, and maintenance of, joint-use driveways;
such easements shall be recorded in language acceptable to the Township
Solicitor, and depicted on the subdivision plan. A sample easement
is contained in Appendix A of this chapter.[1]
 |
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
No property shall be developed, used or maintained
in a state that creates litter, either on the property or upon any
adjoining properties and/or roads.
B.
Any property containing litter on the effective date
of this chapter shall be considered nonconforming. Such litter may
continue for a period not to exceed 10 days from the effective date
of this chapter. After the ten-day period, such litter shall be removed
by the owner.
C.
Should any property or use be conducted or maintained
in a condition that causes repeated litter complaints or violations,
the owner shall be required, upon the instruction of the Zoning Officer,
to prepare and implement a working plan for the cleanup of such litter
as a condition of zoning compliance.
All principal commercial, industrial, institutional,
and health-care related uses shall be required to provide detailed
information regarding materials and waste handling, including:
A.
Listing of all materials to be used and/or produced
on the site;
B.
Listing of all wastes generated on the site; and
C.
Written evidence that the storage, treatment, processing,
transfer, and disposal of all materials and wastes shall be accomplished
in a manner that complies with all applicable federal, state, county,
and Township requirements, including, but not limited to, the following:
(1)
The Pennsylvania Municipal Waste Planning, Recycling
and Waste Reduction Act (Act 101);
(2)
The Pennsylvania Solid Waste Management Act (Act 97);
(3)
The Federal Emergency Management Act;
(4)
The Federal Superfund Amendment and Reauthorization
Act;
(5)
The Pennsylvania Hazardous Materials Emergency Planning
and Response Act; and
(6)
The Pennsylvania Low-Level Radioactive Waste Disposal
Act.
A.
Shopping cart storage. For grocery stores, or other
stores containing grocery departments, the outdoor storage and collection
of shopping carts is permitted under the following conditions:
(1)
Shopping carts may be collected and stored immediately
in front of the storefront (upon sidewalks, or under a canopy) and/or
within the parking lot;
(2)
In no case shall such designed shopping cart storage
and collection areas be located upon any facilities used for vehicle
circulation, parking, and loading, nor emergency vehicle access (e.g.,
fire lanes);
(3)
Such shopping cart storage and collection areas shall
be situated so as to provide clear pedestrian access (sidewalk or
other area) at least eight feet wide adjoining the storefront;
(4)
Signage for such shopping cart storage and collection areas shall be governed by those regulations pertaining to on-site informational signs, as regulated by § 220-45 of this chapter; and
(5)
The applicant shall submit a working plan for the
collection of shopping carts from the parking lot. Also, the applicant
shall be required to depict intended shopping cart storage and collection
areas upon any permits and/or plans required by the Township. No additional
permits shall be required, unless such areas change location or size.
B.
Seasonal sidewalk displays.
(1)
Only seasonal merchandise (excluding fireworks of
all classes) may be displayed, and shall be limited to the calendar
periods between April 1 and October 1, and November 25 and January
5, of each year.
(2)
The location of such outdoor displays shall be limited
to sidewalks, under canopies, or other areas immediately in front
of the building's storefront. The stacking and/or display of such
items shall be arranged to provide clear pedestrian access (sidewalk
or other area) at least eight feet wide adjoining the storefront.
(3)
In no case shall the location of such sidewalk display
areas occur within any area used for vehicular circulation, parking,
and loading, nor emergency vehicle access (e.g., fire lanes).
(4)
In no case shall such sidewalk display area exceed
75% of the lineal storefront dimension. (For example, a two hundred-foot-long
storefront could display no more than 150 lineal feet of a sidewalk
display.)
(6)
The applicant shall submit a working plan to the Township
for the cleanup of litter and debris which may result from such outdoor
display. Also, the applicant shall depict intended sidewalk display
areas upon any permits and/or plans required by the Township. No additional
permits shall be required, unless such area is to change location
or size.
C.
Special event sales.
(1)
In addition to the above, two special event sales
shall be permitted per calendar year. Such special event sales shall
be limited to no more than a total of 30 days per calendar year. The
sales of fireworks of all classes shall be expressly prohibited.
(2)
Special event sales displays shall be located no closer
than 45 feet from an adjoining road, nor 10 feet from any side or
rear lot lines.
(3)
Special event sales may be located within the parking lot, provided that such location minimizes congestion within the parking lot, and those access drives that provide direct vehicular access to adjoining roads. Within parking lots, such display areas shall be specifically delineated from the adjoining parking lot by the use of identifiable barriers (e.g., tents, canopies, temporary fences, or ropes). Additionally, location within the parking lot shall only be permitted upon parking spaces in excess of the number required by § 220-42C of this chapter.
(4)
Special event sales shall only be operated between
the hours of dawn to 9:00 p.m.
(5)
The area devoted to special event sales displays shall
not exceed 20% of the gross leasable floor area of the uses(s) conducting
the special event sale.
(6)
All uses conducting a special event sale shall be
responsible for the ongoing cleanup of litter and debris. Also, no
exterior public address nor lighting systems shall be used which produce
impacts beyond the subject property.
A cell site with an antenna that is attached
to an existing communication tower, smoke stack, water tower, farm
silo, or other tall structure is permitted in all zones, provided
that:
A.
The height of the antenna shall not exceed the height
of the existing structure by more than 10 feet.
B.
All other uses associated with the cell site antenna,
such as a business office, maintenance depot or vehicle storage, shall
not be located on the cell site, unless the use is otherwise permitted
in the zone in which the cell site is located.
[Amended 10-1-2008 by Ord. No. 2008-03; 6-19-2014 by Ord. No. 2014-05; 11-5-2020 by Ord. No. 2020-01]
In accordance with state law, forestry (as defined herein) uses
are permitted, by right, in every zone, subject to the following standards:
A.
Policy; purpose. In order to conserve forested open spaces and the environmental and economic benefits they provide, it is the policy of East Cocalico Township to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations contained in Subsections A through H are intended to further this policy by:
(1)
Promoting good forest stewardship;
(2)
Protecting the rights of adjoining property owners;
(3)
Minimizing the potential for adverse environmental impacts; and
(4)
Avoiding unreasonable and unnecessary restrictions on the right to
practice forestry, and improving human health and welfare of the community.
B.
Scope; applicability. To encourage maintenance and management of forested or wooded open spaces and promote the conduct of forestry as a sound and economically viable use of forested land throughout East Cocalico Township, forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts. Subsections A through H apply to all timber harvesting within East Cocalico Township where the value of the trees, logs, or other timber products removed exceeds $2,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
C.
FELLING
FORESTRY
LANDING
LANDOWNER
LITTER
LOP
OPERATOR
PRECOMMERCIAL TIMBER STAND IMPROVEMENT
SKIDDING
SLASH
STAND
STREAM
TIMBER HARVESTING, TREE HARVESTING, or LOGGING
TOP
WETLAND
Definitions. As used in Subsections A through H, the following terms shall have the meanings given in this subsection:
The act of cutting a standing tree so that it falls to the
ground.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development. (The definition
of forestry is taken from 53 P.S. § 10107 of the Pennsylvania
Municipalities Planning Code. Only forests and timberlands subject
to residential or commercial development shall be regulated under
East Cocalico Township's land development and subdivision ordinance.[1])
A place where logs, pulpwood, or firewood are assembled for
transportation to processing facilities.
An individual, partnership, company, firm, association, or
corporation that is in actual control of forested land, whether such
control is based on legal or equitable title or any other interest
entitling the holder to sell or otherwise dispose of any or all of
the timber on such land in any manner, and any agents thereof acting
on their behalf, such as forestry consultants, who set up and administer
timber harvesting.
Discarded items not naturally occurring on the site, such
as tires, oil cans, equipment parts, and other rubbish.
To cut tops and slash into smaller pieces to allow material
to settle close to the ground.
An individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractors,
and employees thereof.
A forest practice, such as thinning or pruning, that results
in better growth, structure, species composition, or health for the
residual stand but does not yield a net income to the landowner, usually
because any trees cut are of poor quality, too small, or otherwise
of limited marketability or value.
Dragging trees on the ground from the stump to the landing
by any means.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
or shrubs.
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
Any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
bank.
That part of forestry involving cutting down trees and removing
logs from the forest for the primary purpose of sale or commercial
processing into wood products.
The upper portion of a felled tree that is not merchantable
because of small size, taper, or defect.
Areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances, do support a prevalence of vegetation typically
adapted for life in saturated soil conditions including swamps, marshes,
bogs, and similar areas. (Source: Pennsylvania Code, Chapter 105 Regulations)
[1]
Editor's Note: See Ch. 195, Subdivision and Land Development.
D.
Notification; preparation of a logging plan.
(1)
Notification of commencement or completion. For all timber-harvesting
operations that are expected to exceed 5,000 square feet, the landowner
shall notify the municipality enforcement officer at least two business
days before the operation commences and within two business days before
the operation is complete. No timber harvesting shall occur until
the notice has been provided. Notification shall be in writing and
specify the land on which harvesting will occur, the expected size
of the harvest area and, as applicable, the anticipated starting or
completion date of the operation.
(2)
Logging plan. Every landowner on whose land timber harvesting is
to occur shall prepare a written logging plan in the form specified
by this section. No timber harvesting shall occur until the plan has
been prepared and provided to East Cocalico Township. The provisions
of the plan shall be followed throughout the operation. The plan shall
be available at the harvest site at all times during the operation
and shall be provided to the Code Enforcement Officer upon request.
(3)
Responsibility for compliance. The landowner and the operator shall
be jointly and severally responsible for complying with the terms
of the logging plan.
E.
Contents of the logging plan.
(1)
Minimum requirements. At a minimum, the logging plan shall include
the following:
(a)
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails, and landings.
(b)
Design, construction, and maintenance of water-control measures
and structures, such as culverts, broad-based dips, filter strips,
and water bars.
(c)
Design, construction, and maintenance of stream and wetland
crossings.
(d)
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways.
(2)
Map. Each logging plan shall include a sketch map or drawing containing
the following information:
(a)
Site location and boundaries, including both the boundaries
of the property on which the timber harvest will take place and the
boundaries of the proposed harvest area within that property.
(b)
Significant topographic features related to potential environmental
problems.
(c)
Location of all earth disturbance activities, such as roads,
landings, and water-control measures and structures.
(d)
Location of all crossings of waters of the commonwealth.
(e)
The general location of the proposed operation to municipal
and state highways, including any accesses to those highways.
(3)
Compliance with state law. The logging plan shall address and comply
with the requirements of all applicable state regulations, including,
but not limited to, the following:
(a)
Erosion and sedimentation control regulations contained in Title
25, Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean
Streams Law (35 P.S. § 691.1 et seq.).
(b)
Stream crossing and wetlands protection regulations contained
in Title 25, Pennsylvania Code, Chapter 105, promulgated pursuant
to the Dam Safety and Encroachments Act (32 P.S. § 693.1
et seq.).
(c)
Stream, stream bed, fish habitat, water or watershed protection
regulations contained in Title 30, Pennsylvania Code, Chapter 25,
promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1
et seq.).
(4)
Relationships of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25, Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsection E(1) and (2) of this section, provided that all information required by these subsections is included or attached.
F.
Forest practices. The following requirements shall apply to all timber-harvesting
operations in East Cocalico Township:
(1)
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of East Cocalico Township or the
Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property.
(3)
All tops and slash between 25 and 50 feet from a public or private
roadway providing access to adjoining residential property or within
50 feet of adjoining residential property shall be lopped to a maximum
height of four feet above the ground.
(4)
No tops or slash shall be left on or across the boundary of any property
adjoining the operation without the consent of the owner thereof.
(5)
Litter resulting from a timber-harvesting operation shall be removed
from the site before it is vacated by the operator.
G.
Responsibility for road maintenance and repair; road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49, and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to municipality roads caused by traffic associated with the timber-harvesting operation to the extent the damage is in excess of that caused by normal traffic. The operator may be required to furnish a bond to guarantee the repair of such damages.
H.
Enforcement.
(2)
Inspections.
(a)
The Code Enforcement Officer may go upon the site of any timber-harvesting
operation before, during, or after active logging to:
(b)
Note that active logging sites are inherently dangerous, even
when tree felling is not occurring. No one should ever enter onto
an active logging site without the proper personal protective equipment
and/or without giving prior notification to the logging supervisor.
(3)
Violation notices; suspensions.
(a)
Upon finding that a timber-harvesting operation is in violation
of any provision of this section, the Code Enforcement Officer shall
issue the operator and the landowner a written notice of violation
describing each violation and specifying a date of not less than 30
days by which corrective action must be taken. The Code Enforcement
Officer may order the immediate suspension of any operation upon finding
that:
(b)
Suspension orders shall be in writing, issued to both the operator
and the landowner, and remain in effect until, as determined by the
Code Enforcement Officer, the operation is brought into compliance
with this section or other applicable statutes or regulations of the
logging plan. The landowner or the operator shall appeal an order
or decision of a Code Enforcement Officer within 30 days of issuance
to the Board of Supervisors of East Cocalico Township.
(4)
Penalties. Any landowner or operator who (1) violates any provision of this section; (2) refuses to allow the Code Enforcement Officer access to a harvest site pursuant to Subsection H(2) of this section; or (3) fails to comply with a notice of violation or suspension order issued under Subsection H(3) of this section is guilty of a summary offense and upon conviction shall be subject to a fine of not less than $100 plus costs. Each day the violation continues may constitute a separate offense. The enforcement of this section by East Cocalico Township shall be by action brought before a district magistrate in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any use that involves the addition of 1,000 or more square feet of impervious cover, and is not considered a land development under the terms of Chapter 194, Subdivision and Land Development, shall be required to prepare, submit and abide by a stormwater management plan in accordance with Chapter 185, Stormwater Management. Information submitted for this stormwater management plan shall be in accordance with the standards listed in § 194-14E(3) of Chapter 194, Subdivision and Land Development.
A.
Upon sites that have frontage with principal vehicular access via the new feeder road and frontage along PA Route 272, the minimum front yard building setback line from PA Route 272 shall be reduced to 20 feet. This area shall only be devoted to a required landscape strip, permitted signs, right-turn-in and right-turn-out access drives and a required sidewalk in accordance with § 194-32 of Chapter 194, Subdivision and Land Development.
B.
Upon sites that have frontage with principal vehicular
access via the new feeder road and frontage along PA Route 272, the
front yard contained between any building and the new feeder road
may be used for locating off-street parking spaces, off-street loading
spaces, and outdoor storage, provided these are set back at least
10 feet from the street right-of-way.
[Added 2-15-2006 by Ord. No. 2006-03]
Minor municipal services or utility facilities
shall be a permitted use in all zoning districts subject to the following
criteria:
A.
The facility and any associated use shall not result
in more than an average of 10 vehicle trips per day.
B.
The facility shall be unoccupied.
C.
The total combined footprint of all buildings associated
with the minor municipal services or utility facilities site shall
not exceed 12,000 square feet.
D.
This use shall not be required to meet minimum lot
area, minimum lot width, or maximum lot coverage requirements of the
zoning district.
E.
Any building associated with such a facility shall
not be required to meet the minimum setback requirements of the zoning
district in which it is located and shall not have to comply with
any residential buffer strips but shall have a front and rear yard
setback of 10 feet for buildings 15 feet or less in height, and a
front, side and rear yard setback equivalent to the height of the
building for any buildings greater than 15 feet in height measured
from any property line or easement boundary.
F.
Any paved surface other than a driveway, shall be
set back at least 10 feet from any property line or easement boundary.
G.
Two off-street parking spaces shall be provided. No
off-street loading facilities shall be required.
H.
A ten-foot-wide landscaped strip shall be provided
around the perimeter of the property or leased area, except for driveways.
