B.
Special exception uses. The Zoning Hearing Board is authorized to grant special exceptions for uses specified in § 300-19 for applications meeting the following criteria:
(1)
The use shall not generate high levels of vehicular traffic, nor noise, noxious odors, air pollution or glare;
(2)
The manner, location and hours of operations and of deliveries to the premises shall be compatible with the daily cycle of active and quiet periods associated with any adjacent residential uses.
C.
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with Article XI.
F.
Sewer and water facilities. All development in residential districts shall be served by water facilities and sanitary sewer facilities acceptable to the Township Commissioners and subject to the approval of the Pennsylvania Department of Environmental Protection or its successor agency and the appropriate municipal authority providing local central water or sewer facilities.
G.
Permanent open space design standards. Permanent open space required in accordance with certain sections of this article shall be designed in accordance with the following standards:
(1)
Permanent open space shall be so designated on the plans and the plans shall contain a notation stating, "Permanent open space shall not be separately sold and shall not be further developed or subdivided";
(2)
Permanent open space shall be contiguous to the development, not separated by existing streets and shall not be a part of any lot within the development;
(3)
Each area of permanent open space shall contain not less than 10,000 square feet;
(4)
Permanent open space areas shall be designed as a continuous system of open space and shall be interconnected with open space areas on abutting parcels whenever possible;
(5)
Permanent open space shall be provided with safe and convenient access to the residentially developed area of the tract by adjoining frontage on streets or easements capable of accommodating pedestrian, bicycle and maintenance vehicle traffic. The permanent open space shall contain appropriate access improvements and shall be provided with perimeter parking areas where appropriate;
(6)
Permanent open space shall predominantly consist of natural environmental features or planted and maintained vegetation that may contain walking, biking or equestrian trails. Permanent open space may also contain impervious surface areas such as tennis courts, clubhouses or other active recreation facilities, but such active recreation facilities shall consist of less than 25% of the permanent open space;
(7)
Permanent open space shall be configured so as to create areas of adequate size and shape to permit a variety of uses, active or passive, throughout the system.
H.
Permanent open space offer of dedication. Permanent open space required in accordance with certain sections of this article shall be offered for dedication to the Township, although the Township need not accept any such offers.
I.
Permanent open space ownership and maintenance. Provision for ownership and maintenance of the permanent open space shall be made in a manner so as to ensure its preservation. This shall be accomplished in one of the following manners:
(1)
The Township may accept dedication of the permanent open space or any interest therein for public use and maintenance, but the Township need not accept a dedication of the permanent open space.
(2)
With permission of the Township and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer the fee simple title in the permanent open space or a portion thereof to a private, not-for-profit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:
(a)
The organization is acceptable to the Township and is a bona fide conservation organization with a perpetual existence;
(b)
The conveyance contains appropriate provision for proper retransfer or reverter of title to the Township in the event that the organization becomes unable or unwilling to continue to carry out its functions; and
(c)
A maintenance agreement acceptable to the Township is entered into by the developer, the organization and the Township.
(3)
The developer shall provide for and establish an organization for the ownership and maintenance of the permanent open space consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the deeds for the permanent open space and for all individual lots within the development shall contain the following requirements in language acceptable to the Township Solicitor:
(a)
Such organization shall not dispose of the permanent open space by sale or otherwise except to the Township unless the Township has given prior approval. Such transfer shall be made only to another organization which shall maintain the permanent open space in accordance with the provisions of this chapter;
(b)
The organization and all lot owners within the development shall agree to maintain the permanent open space. If private ownership fails to do so, the Township may proceed to maintain deteriorating open space and may assess and lien the properties with in the development accordingly;
(c)
All lot owners shall be required to become members of the organization and shall pay assessments for the maintenance of the permanent open space, which may be adjusted as required and may provide for professional management.
K.
Portable storage containers. Portable storage containers may only be used in compliance with this subsection.
[Added 8-11-2008 by Ord. No. 2008-7]
(1) PORTABLE STORAGE CONTAINERS
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
Portable sheds (hereinafter referred to as "PSCs") that are loaded with materials and placed on a residential property for the purpose of storing and moving household materials.
(2)
Application; fee.
(a)
Before placing a PSC unit on a property, a person must submit an application and receive permission from the Township.
(b)
An insurance certificate providing liability insurance in the amount of $100,000 provided by the company supplying the PSC must accompany the application.
(c)
There is a twenty-five-dollar fee for the permit. Each and every application for a permit and/or extension of a permit must be accompanied by an additional twenty-five-dollar fee.
(d)
Applications can be requested from the Code Enforcement Officer.
(3)
Duration.
(a)
Permits will be granted for a maximum of 30 days.
(b)
At the expiration of the thirty-day period, applicants may seek to extend their permits for an additional 30 days by seeking an extension for cause from the Code Enforcement Officer.
(c)
Extension of a permit will cost $25 for each 30 days granted.
(d)
Permit extensions cannot exceed a total of six months during a one-year period from the original permit issue date.
(e)
The Code Enforcement Officer shall only grant an extension where the property owner demonstrates:
[1]
An extension permit may be issued for a period not to exceed six months or for the period of an active building permit, whichever is shorter in duration, in instances where a dwelling has been destroyed or damaged by casualty and only when such dwelling is to be rebuilt or repaired.
(f)
For good cause shown and demonstrated, the Township Board of Commissioners may extend the permit for a period greater than six months.
(4)
Contents.
(a)
The use of the PSC cannot be for the storage of any commercial or business-related items. The use of the PSC must be for temporary relocation of items from or for the premises the permit indicates only. No items from any locations other than the premises indicated on the permit (the premises on which the PSC is located) can be stored in the PSC.
(b)
Hazardous materials including flammable and biohazard substances shall not be stored in the containers.
(5)
Location.
(a)
PSC units are prohibited from being placed on the streets or the front yard of a property.
(b)
No PSC shall be placed on a side yard of a corner property which fronts on a street.
(c)
All PSCs must be placed on paved off-street surfaces.
(d)
PSCs shall not be located in any required open space, landscaped area, on any sidewalk or trail, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shut-off valves, and for fire protection. Such containers shall also be subject to the sight distance provisions of § 265-28 of this Code.
(6)
Number, size and condition.
(a)
Only one PSC unit may be placed on any residential property at one time.
(b)
No PSC shall exceed a maximum size of eight feet by eight feet by 16 feet (124 square feet).
(c)
All portable storage containers shall be in a condition free from rust, peeling paint and other forms of deterioration. It shall be the responsibility of the permit holder to maintain the storage unit rodent, vermin and insect free.
(7)
Advertising. The PSC unit must not contain any excessive advertising beyond the identification of the company name and phone number of the company which placed the container on the property.
(8)
Violations and penalties. Any person who shall place a PSC unit in violation of this subsection shall be cited and, upon conviction by a District Justice, be sentenced to pay a fine not exceeding $500. Each day that a violation continues shall constitute an additional violation.