The regulations set forth in this article shall be minimum regulations
and shall apply uniformly to each class of land use or kind of structure.
The regulations contained within this article shall apply to all uses
within East Hempfield Township.
Each business structure or use shall meet the following performance
standards:
A. All business operations shall be in compliance with any and all Commonwealth
of Pennsylvania and/or federal government regulations.
B. Enclosure: All manufacturing or processing activities shall be completely
enclosed in buildings, except as provided by conditional use.
C. Outdoor storage: Junk, salvage, auto wrecking and similar operations
shall be fenced, screened or limited in height so as to block substantially
any view of such material from any point located on an abutting street
or from any point less than eight feet above grade within any abutting
residential or commercial zone. However, this section shall not be
deemed to require more than an opaque fence or screen not more than
10 feet in height and not longer than the full perimeter of the subject
development site, and further provided such screening may be reduced
in height so as to avoid shading a solar collector on adjoining lot.
No outdoor storage of materials which could be blown into the air
or strewn about by wind shall be permitted.
D. Loading: Truck loading and unloading operations shall take place
entirely within the site and shall not be so located as to interfere
with pedestrian routes.
E. Fire hazard: No operation shall be established which fails to meet
the fire code and any applicable state or federal codes.
F. Noise: Noise shall be muffled as available technology permits so
as to not be objectionable due to intermittence, beat frequency or
shrillness and shall meet all state and local standards.
G. Sewage and liquid waste: All operations shall comply with any applicable
regulations of state or federal agencies responsible for pollution
control. No wastes of a chemical, organic or radioactive nature shall
be injected or buried in the ground or stored in the open on the surface
except in approved containers.
H. Odor: The emission odors that are generally agreed to be obnoxious
to any considerable number of persons is prohibited. Observations
shall be made at the lot line of the establishment generating the
odors. As a general guide to classification of odor, it is deemed
that odors of putrefaction, hydrogen sulfide, fermentation and rendering
processes are objectionable, while odors associated with baking, coffee
roasting or nut roasting are normally not considered obnoxious. To
reduce odors the open air cooling of products with aromatic emissions
shall be avoided. Floors, machinery storage containers and other surfaces
shall be clean of material which is potentially odor-causing.
I. Vibrations: All machines shall be mounted so as to minimize vibration.
Vibration shall not be so excessive as to interfere with operations
on nearby premises.
J. Glare and heat: All glare- and heat-producing operations, such as
welding arcs and open furnaces, shall be shielded so that they are
not visible from the lot line and surfaces near the glare source shall
be of a type which will minimize the reflection of such glare beyond
the lot line. No heat from equipment or furnaces shall raise the temperature
of materials or ambient air at the lot line more than 3° F.
K. Interpretation: Whenever it cannot be decided by reasonable observation
that a performance standard is being met, it shall be the responsibility
of the operator of the use to supply evidence or engineering data
to support the contention that a standard is being met. The standards
are designed, except where referring to other codes, to be judged
by ordinary human senses and not by the minute detail of scientific
quality instruments.
All uses requiring on-lot septic systems shall comply with the
East Hempfield Township On-Lot Sewage System Ordinance as well as regulations set forth by the Pennsylvania Department
of Environmental Protection.
All uses proposed within East Hempfield 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. 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 pollution and vibration: Rules and Regulations of the Pennsylvania
Department of Environmental Protection.
B. Air pollution, airborne emissions and odor: Rules and Regulations
of the Pennsylvania Department of Environmental Protection.
C. Water pollution: The Clean Streams Law, June 22, 1937 P.L. 1987,
35 P.S. § 691.1 et seq., as amended.
D. Mine reclamation and open pit setback: Pennsylvania Act No. 1984-219,
the Noncoal Surface Mining Conservation and Reclamation Act, 52 P.S.
§ 3301 et seq.
E. Glare and heat: Rules and Regulations of the Pennsylvania Department
of Environmental Protection.
F. Handicap access: The latest version of the Americans With Disabilities
Act.
In all zones, outdoor stockpiling shall be in compliance with
the property maintenance code adopted by the Township.
No persons or family shall be allowed 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 or for
periods of up to 14 days in any calendar year on the lot of a friend
or relative. If longer time is needed, a written request including
the additional time needed and justification for additional time shall
be provided to the Zoning Officer for review.
[Amended 3-18-2015 by Ord. No. 2015-03]
A. Existing
developments:
(1)
Front setback of buildings on built-up streets: Where at least
two adjacent buildings within 100 feet of a lot are set back a lesser
distance than required, the average of the lesser distances becomes
the required minimum front setback for the lot.
(2)
Preexisting subdivisions: Where a new or expanded residential
structure is proposed on a parcel which had been created as part of
an approved subdivision plan under the 1994 East Hempfield Township
Zoning Ordinance, the setbacks and maximum lot coverage requirements
shown on the approved subdivision plan may be used in lieu of the
current standards.
B. Rail access: Where rail is accessible and necessary to conduct normal
business operations, buildings or facilities may be located within
a setback area along the rails to accommodate access to the rails.
C. Accessory or appurtenant structures setbacks:
(1)
Accessory structures are permitted no closer than three feet
to the side or rear lot lines, unless specified in applicable zone
design standards.
(2)
Accessory structures shall not be located within the front yard.
(3)
Setback modifications herein do not apply to:
(a)
Bus shelters, telephone booths, cornices, eaves, chimneys, steps,
canopies and similar extensions, but do apply to porches and patios
whether covered or not;
(c)
Minor public utility structures, sections of ornamentation or
decoration; and
(d)
Fences, hedges and retaining walls.
D. No shrub or tree shall be planted within 20 feet and 30 feet, respectively,
of any lands used for agricultural purposes.
[Amended 8-21-2019 by Ord. No. 2019-09]
E. Agricultural disclaimer: When a residential development is proposed
adjacent to actively farmed land, the following statement shall be
noted on the plans and on each property deed contained in the development:
"This property abuts or is in proximity to an active agricultural
or farming operation which is a permitted zoning use. Agricultural
operations sometimes emit noise, run-off, odor, dust or chemical spray
drift during either the day or night that are annoying or irritants
to some people."
F. No existing conforming lot of record shall be changed to a nonconforming
corner lot of record as a result of site improvements for a subdivision
or land development plan.
[Added 2-2-2022 by Ord.
No. 2022-02]
Each lot to be created and each principal structure erected
or moved shall be on a lot which directly abuts a public street, a
street proposed to be dedicated to East Hempfield Township by the
subdivision plan which created or creates such lot, or a private street.