Township of Middlesex, PA
Butler County
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Table of Contents
Table of Contents

§ 175-138
Applicability. 

§ 175-139
Performance standards. 

§ 175-140
Screening and landscaping. 

§ 175-141
Steep slope controls. 

§ 175-142
Special yard requirements. 

§ 175-143
Permitted projections into required yards. 

§ 175-144
Height exceptions. 

§ 175-145
Agricultural uses. 

§ 175-146
Private stables or hobby farms. 

§ 175-147
Temporary construction trailers/sheds and temporary dwellings. 

§ 175-148
Basement structures. 

§ 175-149
Storage. 

§ 175-150
Vehicle access. 

§ 175-151
Land development and grading. 

§ 175-152
Mobile homes located outside mobile home parks. 

§ 175-153
No-impact home-based businesses. 

§ 175-154
Sidewalks and bikeways. 

§ 175-155
Greenways. 

§ 175-155.1
Landscape business. 

The supplementary regulations in this article supplement the requirements of articles governing each zoning district and shall apply to all uses in all zoning districts.

A. 

The following uses shall apply to all uses in the TC, C-1, C-2, C-3 and I-1 Districts. All conditional uses and uses by special exception shall comply with the requirements of this section. In order to determine whether a proposed conditional use or use by special exception will conform to the requirements of this chapter, the Township Supervisors or Zoning Hearing Board, as the case may be, may require a qualified consultant to testify, whose cost for services shall be borne by the applicant.

(1) 

Fire protection: Fire-prevention and -fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.

(2) 

Electrical disturbance: No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.

(3) 

Noise. No operation or activity shall cause or create noise in excess of the sound levels prescribed below:

(a) 

Residential districts. At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dba for more than four hours during a twenty-four-hour equivalent period.

(b) 

Commercial districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dba for more than eight hours during a twenty-four-hour equivalent period.

(c) 

Industrial districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dba for more than eight hours during a twenty-four-hour equivalent period.

(d) 

Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.

(e) 

The following uses or activities shall be exempted from the noise regulations:

[1] 

Noises emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m.

[2] 

Noises caused by safety signals, warning devices and other emergency-related activities or uses.

[3] 

Noises emanating from public or private recreational uses between 7:00 a.m. and 10:00 p.m.

(f) 

In addition to the above regulations, all uses and activities within the Township shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.

(4) 

Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.

(5) 

Odors: No malodorous gas or matter shall be permitted which is discernable on any adjoining lot or property.

(6) 

Smoke, ash dust, fumes, vapors and gases. There shall be no emission of smoke, ash, dust, fumes, vapors or gases which violates applicable federal, state or county laws or regulations. No waste material of any kind shall be burned in the open air on any commercial or industrial property. In no case shall smoke emitted from any heating or manufacturing process exceed a density equivalent to Number 2 on the Ringlemann Smoke Detection Chart published by the U.S. Bureau of Mines when observed from the public street or any property line.

(7) 

Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.

(8) 

Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.

(9) 

Water pollution. Water pollution shall be subject to the standards established by the PA DER.

(10) 

Solid and liquid waste.

(a) 

Solid wastes shall not be permitted to accumulate in an open storage area on any property. In no case shall liquid wastes be dumped or permitted to flow or seep into a stream or drainageway. Liquid wastes that cannot be disposed of on site shall not be permitted to accumulate.

(b) 

Industrial wastewater shall be pretreated in accordance with the requirements of PA DER regulations prior to discharge into the sanitary sewer system. The industrial operator shall provide a chemical analysis of the proposed sewage to the operators of the public or community sewage treatment system into which they intend to discharge and such discharge shall be subject to their approval.

(c) 

Outdoor storage of liquids shall be either in vented underground tanks, required if liquids are flammable, or in tanks set at grade, surrounded by a dike of sufficient size and bulk to contain the maximum capacity of the tanks intended to be protected.

(11) 

Toxic and hazardous wastes. The use, handling, storage, transportation or generation of hazardous materials or hazardous wastes as identified by the U.S. Environmental Protection Agency (EPA) or the PA DER shall be restricted to those activities authorized by this chapter and shall be limited to the materials used by, or produced in connection with, the authorized activity. The use, handling, storage, transportation or generation of hazardous materials and hazardous wastes, further, shall conform to all applicable regulations and permit requirements of the U.S. Environmental Protection Agency (EPA) and the PA DER.

B. 

Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this Section shall be a basis for denying approval of the application.

C. 

Continuing enforcement.

(1) 

The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Supervisors, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.

(2) 

If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 175-184 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.

A. 

Composition of buffer yards:

(1) 

Buffer Yards A and B shall be comprised of a mixture of 30% deciduous and 70% evergreen trees spaced within the row 10 feet apart, measured from the vertical center lines of adjacent trees. The size of the required trees shall be in accordance with Subsection F, below. In addition, the trees shall be supplemented by a continuous low level screen which is a minimum of three feet in height comprised of a combination of hedges, bushes and earthen moundings.

(2) 

Buffer Yards C and D shall be comprised of a continuous, opaque hedge or line of evergreen trees that will grow together when mature, planted to achieve a minimum height of six feet within three years of planting.

(3) 

The width of the buffer yards, as measured from the property line, shall be as follows:

(a) 

Buffer Yard A: 20 feet.

(b) 

Buffer Yard B: 15 feet.

(c) 

Buffer Yard C: 10 feet.

(d) 

Buffer Yard D: Five feet.

B. 

Buffer yard requirements: Buffer yards shall be provided in accordance with the following requirements:

(1) 

Buffer Yard A. Buffer Yard A shall be required in the following circumstances:

(a) 

Where the express standards and criteria in § 175-95 et seq. require Buffer Yard A.

(b) 

Between any property in an I-1 or C-3 District and any property zoned R-1, R-2, AG-A or AG-B.

(c) 

Between any property containing a planned shopping center and property zoned R-1, R-2, AG-A or AG-B.

(d) 

Between any planned residential development (PRD) containing townhouses or garden apartments and any property zoned R-1, R-2, AG-A or AG-B.

(2) 

Buffer Yard B. Buffer Yard B shall be required in the following circumstances:

(a) 

Where the express standards and criteria in § 175-95 et seq. require Buffer Yard B.

(b) 

Between any planned residential development (PRD) containing single-family dwellings and two-family dwellings and any property zoned R-1, R-2, AG-A or AG-B.

(c) 

Between any property in a TC District and property zoned R-1, R-2, AG-A or AG-B.

(3) 

Buffer Yard C. Buffer Yard C shall be required in the following circumstances:

(a) 

Where the express standards and criteria in § 175-95 et seq. require Buffer Yard C.

(b) 

Between any planned residential development (PRD) containing only single-family dwellings and any property zoned R-1, R-2, AG-A or AG-B.

(4) 

Buffer Yard D. Buffer Yard D shall be required in the following circumstances:

(a) 

Where the express standards and criteria in § 175-95 et seq. require Buffer Yard D.

(b) 

Between any property in a C-1 or C-2 District and any property zoned R-1, R-2, AG-A or AG-B.

(c) 

Between any property in a C-1 or C-2 District and any property zoned I-1.

(d) 

Between any property in a C-3 and any property zoned TC.

C. 

Conflict between buffer yard and yard requirements. When the width of a required buffer yard is in conflict with the minimum side or rear yard requirements for the Zoning District, the greater distance shall apply. The buffer yard planting requirement shall be met regardless of the minimum yard requirement.

D. 

Structures in buffer yards. No structures or uses shall be located within the required buffer yard, including, but not limited to, principal buildings or structures, accessory structures, parking spaces, access driveways, and lighting devices; however, stormwater management facilities, recreation facilities and pedestrian walkways may be located in a required buffer yard.

E. 

Existing structures in buffer yards. Where an existing principal structure exists in a required buffer yard, the width of the buffer yard may be reduced to the width of the area between the building and the nearest property line.

F. 

Size of trees in required buffer yards. All trees required to be planted within the buffer yard shall be a minimum of two inches in diameter at a point one foot above the ground measured along the trunk of the planted tree. All required trees shall be a minimum of six feet in height at time of planting, measured from the ground adjacent to the planted tree to the top of the tree. All trees shall be planted in accordance with accepted conservation practices.

G. 

Existing trees in buffer yards. Any existing trees within the required buffer yard which are a minimum of two inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer yard. At no point, however, shall any existing trees and required trees to be planted in the buffer yard be separated at a distance greater than the distance specified in the required buffer yard.

H. 

Landscaping of open areas. All yard areas not utilized for buildings, structures, required buffer yards, parking facilities, driveways or other paved areas shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding must occur within two weeks of April 1.

I. 

Landscaping specifications. In addition to the landscaping of open areas and required buffer yards, the following landscaping shall be provided:

(1) 

For any nonresidential building or group of buildings that comprise a gross floor area of 10,000 square feet or more, at least one deciduous tree must be planted for each 2,000 square feet of lot area covered by the building footprint.

(2) 

For residential developments containing more than 10 multifamily dwelling units, at least one deciduous tree must be planted for each multifamily dwelling unit.

(3) 

In parking areas containing more than 50 spaces, at least 5% of the interior parking area shall be landscaped with plantings and one tree shall be required for each 20 spaces.

(4) 

Whenever an open parking area abuts a public street, a planting strip, at least five feet in depth, planted and maintained with shrubbery, trees or other landscape or decorative natural materials, shall be installed across the entire frontage of the property in order to prohibit vehicular access, except at approved ingress and egress points. All plant material shall be of such a size and height so that visibility for traffic entering or leaving the site is not obstructed.

(5) 

All trees which are required to be planted by the regulations of this section shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the trunk of the planted tree. All trees shall be planted in accordance with accepted conservation practices.

(6) 

Any existing trees proposed to be preserved shall count towards the number of trees required to be planted by this section, provided they are not located in a required buffer yard and are a minimum of two inches in diameter at a point one foot above the ground.

J. 

Landscaping plan requirements. Where buffer yards and landscaping of open areas is required by this chapter, a landscaping plan, with detailed drawings, shall be submitted with an application for approval of a conditional use, use by special exception or planned residential development. If the proposal does not involve a conditional use, use by special exception or planned residential development, the landscaping plan shall be submitted with the application for a building permit. The landscaping plan shall contain the following information:

(1) 

All required buffer yards with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying the height and width of any proposed mounds,

(2) 

All additional landscaping required by Subsection I (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale.

(3) 

Any planting proposed in excess of the requirements in Subsections B and I of this section.

(4) 

Any existing trees or vegetation which are to be preserved, accurately identifying their relative location.

K. 

Posting of bond for landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for a period of two years from the date of issuance of a certificate of occupancy. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.

L. 

Continuing responsibility for maintenance. After the expiration of the required maintenance bond, it shall be the responsibility of the landowner to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. This responsibility shall continue for a period of 10 years from the date of issuance of the certificate of occupancy or until abandonment of the use or transfer of ownership, whichever occurs first.

The following regulations shall apply in all zoning districts. An application for approval of a land development plan shall contain adequate information regarding natural and finished slopes on the site to show compliance with these regulations. Any portion of any lot which has a natural or finished slope of 25% or more shall be considered a steep slope and shall be subject to these regulations.

A. 

Preservation of slopes in excess of 40%: Grading or construction shall not be permitted on slopes in excess of 40%. Applications for development of properties which contain slopes in excess of 40% shall be accompanied by a certification from a registered civil engineer that slopes in excess of 40% shall not be disturbed.

B. 

Grading of slopes greater than 25%.

(1) 

Natural slopes in excess of 25%, but less than 40%, may be altered, provided that the alteration is performed in compliance with the Township Grading Ordinance.

Editor's Note: See Ch. 89, Grading, Excavation and Fill.

(2) 

The application for a grading permit for slopes which are in excess of 25% shall be accompanied by a geotechnical report and a certification by a registered professional soils engineer regarding the feasibility of the proposed grading, the stability of the finished slopes, measures to mitigate landslides, soil erosion, sedimentation and stormwater management and potential impacts on adjacent properties. The consultant selected to prepare the geotechnical report shall have credentials acceptable to the Township and the cost of preparation of the report shall be borne by the applicant.

C. 

Geologic hazards. Where evidence exists on sites which have steep slopes regulated by this section of undermining, strip mining, landslide-prone soils or other geologic hazards on the site, a geologic report by a qualified registered professional soils engineer regarding soils and subsurface conditions and the probable measures needed to be considered in the design of the development, site grading, location of structures and design of foundations, if any, shall be submitted with the application.

D. 

Construction on slopes: Natural slopes or finished slopes after grading that are less than 25% may be utilized for construction of any authorized use in the zoning district in which they are located. Natural slopes or finished slopes after grading which are in excess of 25%, shall not be used for the construction of any principal or accessory building in any zoning district.

E. 

Exclusion of steep slopes from minimum lot area. The total area of any lot which has natural slopes or finished slopes in excess of 25% shall be excluded from the calculation of the minimum lot area and maximum lot coverage required in the zoning district in which the property is located.

In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all zoning districts to the applicable circumstances described below:

A. 

Corner lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute side yards.

B. 

Nonconforming lots of record: See § 175-169.

C. 

Accessory structures: In all zoning districts the following regulations shall apply to accessory structures.

(1) 

Private swimming pools accessory to a dwelling:

(a) 

Swimming pools shall not be permitted in the front yard. Swimming pools shall comply with the required side yard in the zoning district and shall be subject to the rear yard requirements for accessory structures.

(b) 

All swimming pools and the equipment necessary for maintaining the pool shall be completely enclosed by a fence which is at least four feet in height and which has a self-latching gate. The dwelling may constitute a part of the required enclosure.

(c) 

An above-ground swimming pool, the top of which is at least four feet above the adjacent ground level on the entire perimeter and which has removable or retractable steps, shall not be required to be fenced, provided the steps are removed or retracted when the pool is not in use. All other above-ground swimming pools shall be fenced in accordance with the requirements of this Subsection C(1)(b).

(2) 

Private tennis courts accessory to a dwelling. Tennis courts accessory to a dwelling shall be located only in a rear yard and shall be no closer to the side or rear property line than 20 feet. If lighting is proposed, the lighting shall be shielded so that it shall not reflect on any adjoining property. All tennis courts shall be enclosed by a fence which is a minimum of 10 feet in height and a maximum of 12 feet in height and which shall contain openings equal to 50% or more of the surface area of the fence.

(3) 

Swimming pools and tennis courts accessory to a golf course, country club, public, noncommercial or commercial recreation facility.

(a) 

Swimming pools and tennis courts accessory to a golf course, country club, public, noncommercial or commercial recreation facility shall comply with the yard requirements for a principal use.

(b) 

All swimming pools and the equipment necessary for maintaining the pool shall be completely enclosed by a fence or wall which is at least six feet in height and which has a self latching gate. All tennis courts shall be enclosed by a fence which is a minimum height of 10 feet and a maximum height of 12 feet and which shall contain openings equal to 50% or more of the surface area of the fence.

(c) 

Separate dressing rooms and toilet and shower facilities shall be provided for men and women.

(d) 

If proposed for use after dusk, the swimming pool or tennis court shall be lighted with a minimum intensity of one foot-candle on the surface of the pool or tennis court, if proposed for use after dusk. The lighting shall not produce glare on adjacent streets or properties.

(4) 

Fences, walls and landscaped areas. All walls, fences and landscaped areas shall be located so as not to obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties.

(5) 

Structures accessory to industrial uses. In the I-1, Light Industrial District, no accessory structure to an industrial or warehousing use shall be permitted in a front yard. Accessory structures shall be permitted in a side or rear yard, provided that they shall be located at least 20 feet from the side or rear lot line.

(6) 

Canopies and similar structures. Canopies and similar permanent freestanding roofed structures without walls shall be permitted to cover outdoor seasonal display and sales areas or fuel dispensing areas accessory to authorized uses in the C-2 General Commercial and I-1 Light Industrial Districts, provided that:

(a) 

Such structure shall not be attached to the principal building;

(b) 

Such structure shall be located at least 10 feet from any property line or street right-of-way;

(c) 

Such structure shall not be enclosed; and

(d) 

Such structure shall be removed immediately, once the principal use or the use of the accessory structure is discontinued.

(7) 

All other accessory structures. All other accessory structures shall not be permitted in the required front yard or required side yards and shall be located at least 25 feet from the rear lot line. All other accessory structures shall be located at least 10 feet from any principal building, except that a detached garage may be connected to the principal building by contiguous walls, breezeways or similar connections.

The following shall be permitted to project into any required yard in any zoning district as follows:

A. 

Typical architectural features, including, but not limited to, bay windows, window sills, cornices and eaves, shall be permitted to project into required yards no more than 18 inches.

B. 

Decks and porches which do not have roofs, which are not enclosed and which do not have habitable areas underneath them shall be permitted to project into required front and side yards no more than six feet and into the required rear yard no more than 15 feet.

C. 

Steps, open fire escapes and balconies shall be permitted to project into required yards no more than 36 inches.

The height limitations of this chapter shall not apply to the following structures: spires, chimneys, elevator bulk heads and other mechanical equipment which is part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures, and other structures not intended for human habitation. Any such structure which is freestanding shall not be subject to the height limitations of the zoning district. Any such structure which is attached to a building shall be permitted to exceed the height limitations of the zoning district by no more than 15 feet.

Agricultural uses shall comply with the following requirements:

A. 

Animal holding areas for poultry or swine, feed lots, runs, pens, and similar intensively used facilities for animal raising and care, excluding pasture and grazing areas, shall not be located within 300 feet of an adjoining property line.

B. 

Greenhouses and tree nurseries shall provide a building on the site for the conduct of the business. The parking required by § 175-156B for greenhouses and tree nurseries shall be provided on the site.

C. 

Roadside stands for sale of agricultural products shall be permitted, provided all of the following requirements are met:

(1) 

Roadside stands shall be located at least 35 feet back from the nearest edge of any paved surface of a public street;

(2) 

All products sold shall be grown or produced on the premises where they are sold;

(3) 

The roadside stand shall be located so that traffic can circulate into and out of the property without creating a hazard and without the need for vehicles to back onto the public street.

(4) 

Parking spaces shall be provided off the public street right-of-way.

(5) 

If a seasonal roadside stand is utilized for the sale of farm products, the seasonal roadside stand shall not be installed prior to May 1 of each year, and the stand shall be removed upon completion of the growing season of the products offered for sale, but in no case shall removal occur later than November 1 of each year.

(6) 

One temporary nonilluminated sign shall be permitted to announce the sale of farm products, provided the surface area of the sign shall not exceed 12 square feet and the sign shall be located on the farm property and shall not be located in any public street right-of-way.

(7) 

If the roadside stand is seasonal, rather than permanent, the sign shall be installed and removed in accordance with the requirements for installation and removal of a seasonal roadside stand in Subsection C(5), above.

In the AG-A and AG-B Districts, a private stable or hobby farm for personal use and enjoyment shall be permitted on a tract of land which does not meet the acreage requirements for a farm, as defined by this chapter, provided all of the following requirements are met:

A. 

A tract of at least five acres, but less than 20 acres, may be used for a private stable. A tract of at least 10 acres, but less than 20 acres, may be used for a hobby farm.

B. 

Hobby farms may include any of the activities encompassed by agriculture, as defined by this chapter. The hobby farm shall be restricted to personal use and enjoyment, and any sale of animals or produce shall not constitute the principal economic activity of the residents of the hobby farm. Roadside stands authorized by § 175-145C of this chapter shall not be permitted on hobby farms; however, a temporary sign which shall not exceed six square feet in surface area may be erected on the property at least 10 feet from any street right-of-way or property line to advertise the availability of agricultural products raised on the hobby farm.

C. 

The number of animals maintained on a hobby farm, if any, shall be reasonably related to the size of the property, the area available for grazing and the capacity of the land to sustain the animals without creating a nuisance.

D. 

On a tract utilized for a private stable, one horse or pony shall be permitted on the first three acres of land. One additional horse or pony shall be permitted for each additional acre over three acres, but less than 20 acres. Foals which are less than six months old shall not be counted in the maximum number of horses or ponies permitted per acre. Foals which are six months or older shall be counted in the maximum number of horses or ponies permitted per acre.

E. 

A private stable shall be for the personal use and enjoyment of the owner and shall not involve rental, boarding or any other profit-making activity.

F. 

No stables or other buildings in which animals are kept or manure is stored shall be located within 75 feet of any property line or within 100 feet of any occupied dwelling, other than the owner's dwelling.

G. 

No grazing of any animals shall be permitted closer than 100 feet from any occupied dwelling, excluding the stable or hobby farm owner's dwelling.

H. 

A stable or hobby farm owner shall not permit litter and droppings from the horses or other animals to collect so as to result in the presence of fly larvae or objectionable odors.

I. 

The area of the property used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent properties.

Temporary dwellings or construction trailers or sheds shall be permitted in any zoning district subject to the following conditions:

A. 

Temporary dwellings or construction trailers or sheds shall be permitted only during the period that the construction work is in progress. Special permission from the Board of Supervisors for the temporary structure shall be obtained prior to the commencement of construction and may be renewed only at the discretion of the Board of Supervisors.

B. 

Temporary dwellings or construction trailers or sheds shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line adjoining residential use.

C. 

Temporary construction trailers or sheds shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use whatsoever.

D. 

No combustible materials shall be stored in temporary construction trailers or sheds.

E. 

Temporary dwellings for use by a landowner during construction of a new dwelling or for use by security personnel may be approved by the Board of Supervisors under the following conditions:

(1) 

The temporary dwelling shall not be the permanent residence of the security personnel.

(2) 

The temporary dwelling shall be located at least 25 feet from any property line.

(3) 

In the AG-A, AG-B and R-1 Districts, the temporary dwelling shall be used only during the period that construction is underway. Any long-term use of a dwelling for security purposes shall meet all requirements of the zoning district for a permanent single-family dwelling.

(4) 

In the C-1, C-2 and I-1 Districts, use of a temporary dwelling by security personnel may be continued after a certificate of occupancy is issued for the completed construction, provided that all area and bulk regulations of the zoning district applicable to a principal structure are met for the temporary dwelling.

Occupancy of a basement or foundation structure prior to the completion of the total structure shall not be permitted. This regulation shall not be construed to prohibit earth-sheltered dwellings.

A. 

Except for nurseries, garden supply, building supply and similar businesses which require outside storage of materials, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge which is at least six feet in height.

B. 

In the I-1 District, any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the storage area from public view from the street.

C. 

If existing buildings do not screen the storage area from public view from the street, the area shall be screened by a hedge or opaque fence at least six feet in height.

D. 

All organic rubbish and discarded materials shall be contained in tight, vermin-proof containers which shall be screened from public view by an opaque fence or hedge which is at least six feet in height.

A. 

Access to all commercial and industrial uses shall be designed to minimize the number of points of access to arterial and collector streets. Any site which contains two or more buildings shall be designed to encourage the use of common driveways to control access to arterial and collector streets.

B. 

All properties in the C-2 Highway Commercial District, shall have no more than two points of access for every 400 feet of frontage on an arterial or collector street. Access points shall be not more than 40 feet in width nor less than 25 feet in width with a radius of at least 10 feet provided at the point of intersection of the public street pavement and the access drive or as may be required by the Pennsylvania Department of Transportation (Penn DOT) along highways under its jurisdiction.

C. 

Ingress, egress and internal traffic circulation on the site shall be designed to minimize congestion, to ensure safety and to provide adequate accessibility to all buildings for fire-fighting equipment and emergency vehicles.

The development of land in all zoning districts shall be subject to the following controls governing grading and drainage.

A. 

Grading. Grading shall be permitted in all zoning districts where construction has been approved by the Zoning Officer and a building permit has been obtained, subject to the following controls.

(1) 

No grading shall occur within five feet of any property line or street right-of-way line.

(2) 

Excavation of earth materials during grading shall result in a finished grade not in excess of one foot vertical rise to each 1 1/2 feet horizontal run, provided no fill material is placed over undisturbed soil in the cut area except for topsoil.

(3) 

Placing of earth fill upon previously undisturbed soil shall result in a finished grade not in excess of one foot vertical rise to every two feet of horizontal run.

(4) 

Fill slopes shall be keyed in to undisturbed earth with topsoil and humus removed and shall be well-compacted in layers not to exceed eight inches in thickness.

(5) 

The toe of a slope shall either be graded to a natural existing drainageway or to a stormwater drainage system or shall be provided with a stormwater pipe draining to such a system.

(6) 

Where a slope continues upward beyond the limits of grading, the top of the graded area shall be protected from accumulation of stormwater by a sloped bench and/or a collection pipe sloped to a drainage system or existing drainageways.

(7) 

Slope areas shall be planted with erosion-resisting materials approved by the Township Engineer.

(8) 

An erosion and sedimentation control plan shall be prepared for the site in accordance with the standards and requirements of the U.S. Soil Conservation Service. The plan shall be approved by the Butler County Conservation District and the approved plan shall be submitted for review and approval by the Township Supervisors.

B. 

Drainage. The following requirements shall be met in all zoning districts:

(1) 

Stormwater shall not be permitted to collect upon any property nor to flow from one property to another without benefit of an easement for such purpose, nor shall stormwater be permitted to flow over any public street.

(2) 

A stormwater management plan shall be prepared to address the method of controlling and managing stormwater on any site proposed for development which will increase the impervious cover by more than 5,000 square feet of surface area.

(3) 

In designing the stormwater drainage system, the flow accumulating from a continuous three-inch per hour rainfall shall be considered the maximum condition.

(4) 

The design of storm water management system and the methodology and calculations on which the design is based shall be subject to approval by the Township Engineer.

(5) 

Where storm water management facilities are required, the Zoning Officer shall not issue a permit unless and until the Township Engineer has approved the proposed system and all necessary easements have been provided or acquired.

A. 

When a mobile home is intended to be used as a permanent single-family dwelling or as a commercial structure, the mobile home shall be supported on a continuous concrete block or a reinforced concrete foundation extending at least three feet below finished grade. Such foundations lowest course shall be reinforced concrete integral around its perimeter with adequate bearing to avoid settlement.

B. 

Mobile homes shall be securely fastened to their foundations so that they cannot be overturned by a steady horizontal wind load of at least 80 miles per hour.

C. 

The mobile home shall be connected to all available utilities. Mobile homes which are intended to be used as permanent single-family dwellings or commercial structures shall bear a seal guaranteeing compliance with the National Mobile Home Construction and Safety Standards Act.

D. 

Additions to mobile homes, such as concrete patios and porches, shall be permitted, provided they are permanently attached to the mobile home and properly supported by adequate foundations and footers.

No-impact home based businesses are permitted by right in all residential zoning districts as long as the business or commercial activity satisfies the following requirements, except that such permission shall not supersede any deed, restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common interest ownership community:

A. 

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

B. 

The business shall employ no employees other than family members residing in the dwelling.

C. 

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

D. 

There shall be no outside appearance of a business use, including but not limited to, parking, signs or lights, except that the name of the business may be indicated on the residence mailbox, as long as the mailbox sign does not exceed one square foot in area.

E. 

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in a neighborhood.

F. 

The business activity may not generate any solid wastes or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

G. 

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H. 

The business may not involve any illegal activity.

A. 

Purpose. In accordance with the Township Comprehensive Plan objectives, the Township seeks to establish a general network for the safe and efficient movement of pedestrians. Where feasible, the primary segments of this system shall be integrated into the design of the Township's arterial streets. For all development along arterial streets, a developer shall consider and incorporate into all development proposals related to this network.

B. 

Unless otherwise specified by the Township, PennDOT or other designating authority, the general locations and minimum dimensions of the primary segments within this said network shall be established in accordance with the following:

(1) 

West Route 228 (within south right-of-way): six- to eight-foot bikeway;

(2) 

Route 8 (west of right-of-way boundary): six- to eight-foot bikeway; and

(3) 

Route 8 (east of right-of-way boundary): five- to six-foot sidewalk.

C. 

Unless otherwise defined by the Township, sidewalks and/or bikeways along arterial roads shall begin a minimum of eight feet from the edge of the right-of-way measuring toward the building setback line located within the required Greenway. (See § 175-155, Greenways.) A landscaped planting strip shall be maintained in the area between the edges of the right-of-way and said sidewalk.

Within the Town Center (TC) and Regional Commerce District (C-3) and General Commerce District (C-2), greenways shall be provided for along arterial streets so that:

A. 

A landscaped strip of no less than 20 feet shall be provided along Route 8. Said strip shall be provided along the entire frontage of the parcel, except for entranceways for vehicles. The strip may be comprised of existing and/or new plantings of approved species of trees having a minimum caliper of 2.5 inches not more than 35 feet apart. Understory deciduous shrubs, flowering understory trees, native (or naturalized), perennials, groundcover and seasonal plantings shall be incorporated into the greenway planting. Groundcover shall not exceed 60% of the greenway area on a lot. Any sidewalk planned in accordance with the provisions of § 175-154 may count toward the total required dimension of the landscape strip.

B. 

No structure shall be located closer than 10 feet to the edge of the defined greenway. This dimension may be measured from the minimum twenty-foot greenway dimension line toward the building setback line.

[Added 3-28-2012 by Ord. No. 123]

Landscape business subject to:

A. 

The landscape business shall be operated on a separately subdivided parcel, which subdivided parcel shall not be less than 1 1/2 acres in size.

B. 

The owner and operator of the landscape business shall reside on a residentially zoned parcel located adjacent to the parcel on which the landscape business is located.

C. 

All products and services offered for sale by the landscape business must be delivered to customers off site; no products may be provided to customers on site; however, products may be stored on the premises for delivery to customers off the premises.

D. 

The landscape business must be located not more than 750 feet from an arterial street.

E. 

The landscape business shall not significantly intensify vehicular or pedestrian traffic which is normal for the residences in the neighborhood.

F. 

Objectionable noise, vibration, smoke, dust, odors, heat or glare shall not be produced by the landscape business.

G. 

Any landscape business shall cease operations between dusk and dawn, prevailing time.

H. 

Adequate paved access and maneuvering facilities for loading and unloading trucks shall be provided, and dirt, debris or excess materials shall not be deposited on any public or private right-of-way.

I. 

Buffer Yard D, as defined in § 175-140A, shall be required in the following circumstance: Where any residential structure is located on an adjoining property within 100 feet of the landscape business structure. The required buffer yard shall not be required if the residents of a structure within 100 feet of the landscape business structure own the business.

J. 

A landscape business shall be limited to 10 employees, including the owner.