B.
A use listed in § 185-19 is permitted as a conditional use in any district under which it is denoted by the letter "C," provided Borough Council, subsequent to recommendations of the Planning Commission, and pursuant to express standards and criteria set forth in § 185-19 and other applicable sections of this chapter, authorizes the issuance of a zoning permit in accordance with Article XI.
C.
A use listed in § 185-19 may be permitted as a special exception in any district denoted by the letter "S," provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of §§ 185-19 and 185-102D and such further restrictions as said Board may establish.[1]
Uses permitted by right, or as conditional uses or special exceptions, shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, provisions for off-street parking and loading, and to such other provisions as are specified in other articles hereof. In particular, the laws of the commonwealth and the regulations of the Bucks County Department of Health regarding water supply and waste disposal shall be adhered to. Also, Chapter 153, Subdivision and Land Development, (as amended) of the Code of the Borough of Tullytown shall apply where applicable.
Any use existing on the effective date of this chapter classified as requiring a conditional use in the district in which the land occupied by the use is located, and which was lawful at the time the use was established, shall be deemed to have been granted a conditional use subject to maintaining the character and extent of operations and structures existing on that date. Any application for change in use or structure shall be subject to the procedures specified in Article X and Article XI.
In addition to the land use regulations established by § 185-19 and Table 185-19,[1] the requirements of Article IX, Flood Hazard Area Requirements, shall apply.
[1]
Editor's Note: Table 185-19, Use Regulations, is included at the end of this chapter.
A.
Residential land uses.
(1)
Single-family detached dwelling. A dwelling having
only one dwelling unit from ground to roof, independent outside access,
and open space on all sides. Detached dwellings may include dwellings
constructed on the lot, prefabricated dwellings, manufactured dwellings,
modular dwellings, and mobile homes. Parking requirement: two off-street
spaces per dwelling unit.
(2)
Single-family semidetached dwelling. A dwelling having
only one dwelling unit from ground to roof, independent outside access,
and not more than one wall in common with an adjoining dwelling. Parking
requirement: two off-street spaces per dwelling unit.
(3)
Single-family attached dwelling. A dwelling having
only one dwelling unit from ground to roof, independent outside access,
and not more than two walls in common with adjoining dwellings. Parking
requirement: two off-street spaces per dwelling unit.
(4)
Two-family duplex dwelling. A dwelling having not
more than two dwelling units from ground to roof, independent outside
access, and open space on all sides. Parking requirement: two off-street
spaces per dwelling unit.
(5)
Performance subdivision. A subdivision that permits
a variety of housing types and requires the provision of open space.
The following housing types are permitted, subject to the dimensional
requirements as indicated below.
(b)
Single-family semidetached dwelling [see Subsection A(2)].
[1]
Lot requirements.
|
Minimum Lot Area/du
(square feet)
|
Average Lot Area/du
(square feet)
|
Minimum Lot Width At Building Setback
(feet)
| ||
|---|---|---|---|---|
|
1 BR
|
3,200
|
3,600
|
36
| |
|
2 BR
|
3,600
|
4,000
|
40
| |
|
3 BR
|
,4000
|
4,500
|
40
| |
|
4 BR
|
4,200
|
4,700
|
45
| |
|
5 BR
|
4,500
|
5,000
|
45
|
[3]
Parking requirement: two off-street spaces per
dwelling unit.
(c)
Single-family attached dwelling [see Subsection A(3)].
[1]
Lot requirements.
|
Minimum Lot Area/du
(square feet)
|
Average Lot Area/du
(square feet)
|
Minimum Lot Width At Building Setback
(feet)
| ||
|---|---|---|---|---|
|
1 BR
|
1,500
|
1,600
|
18
| |
|
2 BR
|
1,700
|
1,800
|
20
| |
|
3 BR
|
1,900
|
2,000
|
22
| |
|
4 BR
|
2,000
|
2,200
|
24
| |
|
5 BR
|
2,200
|
2,400
|
26
|
[3]
Maximum average number of units/structure: eight.
[5]
Parking requirement: two off-street spaces per
dwelling unit.
(d)
Two-family duplex dwelling [see Subsection A(4)].
(e)
Multifamily dwelling. A dwelling having three
or more dwelling units which are completely separated by party walls,
but share outside access.
(6)
Conversion to apartments. Residential conversion is
the transformation of a building into apartments without disturbing
the external architectural character of the building. Conversion of
an existing building to a greater number of dwelling units is subject
to the following provisions:
(a)
The site area shall be no less than 6,000 square
feet.
(b)
The minimum lot width shall be 50 feet at the
right-of-way line.
(c)
The lot area per dwelling unit shall be no less
than 2,000 square feet: and any shared common yard area must be the
sum of the required lot areas of all dwellings within the building.
(d)
The building area per dwelling unit shall be
no less than 500 square feet.
(e)
The building height shall be no more than 35
feet or three stories.
(f)
Existing buildings shall be converted to be
no more than three dwelling units.
(g)
The conversion of existing residences shall
not result in the change of appearance from single-family residential.
(h)
The front, side, and rear yard standards of
a single-family detached dwelling in the BC District shall apply.
(i)
Separate cooking and sanitary facilities shall
be provided in each dwelling unit.
(j)
Basement apartments are permitted; cellar apartments
are not permitted.
(k)
No more than 1/2 of the front yard area
may be taken up by parking spaces.
(l)
Two off-street parking spaces per dwelling unit
shall be provided.
(m)
Parking of cars will be permitted only in designated
areas.
(n)
Building coverage shall be no more than 30%
of the lot area; impervious surfaces shall not occupy more than 50%
of the lot area.
(o)
Refuse containers shall be screened from adjoining
residences.
(p)
Every habitable room except bathrooms must be
provided with at least one window. Every dwelling unit must be provided
with at least two windows.
(q)
Every dwelling unit shall be provided with at
least one smoke detector.
(r)
Every dwelling unit shall be provided with direct
ingress and egress to the outside or to a common hallway without going
through another dwelling unit.
(7)
Rooming house. A dwelling used for the housing of
two or more roomers, boarders or lodgers provided that the minimum
lot area per sleeping room is 1,000 square feet notwithstanding other
provisions of this chapter. Parking: One space per sleeping room,
plus one space for the resident/owner.
(8)
Dwelling in combination. A dwelling in combination
with an existing or permitted office or commercial use, provided that
the lot area and parking requirements for both uses are met.
(9)
Mobile home park. A parcel of land under single ownership
which has been planned and improved for the placement of mobile homes
for dwelling or sleeping purposes and for nontransient use, subject
to the following provisions:
(a)
Each mobile home shall be placed on a concrete
slab of at least eight inches thick which shall have installed in
it at least six tie-down rings to which the mobile home shall be secured.
(b)
The area between the mobile home slab and the
perimeter of the mobile home shall be enclosed by means of wood or
aluminum skirting or other similar material.
(c)
Every mobile home slab shall have access to
a public street in accordance with appropriate subdivision regulations
for private access drives.
(d)
The minimum number of spaces completed and ready
for occupancy before the first occupancy is permitted shall be nine.
(e)
No space shall be rented for residential use
of a mobile home in any such park except for periods of 30 days or
more.
(f)
Public sewerage shall be required.
(g)
Each mobile home shall be subject to the dimensional
requirements indicated in the following table:
|
Minimum Yards
(feet)
| ||||||
|---|---|---|---|---|---|---|
|
Minimum Lot* Area
(square feet)
|
Minimum Lot Width
(feet)
|
Front
|
Side
|
Rear
| ||
|
Single-wide units 51 feet long
|
4,800
|
45
|
20
|
5
|
15
| |
|
Single-wide units 61 feet long
|
5,250
|
45
|
20
|
5
|
15
| |
|
Double-wide units:
|
7,000
|
60
|
30
|
5
|
15
| |
|
Accessory building
|
30
|
15
|
15
| |||
|
* In the context of mobile home parks, "lot"
refers to each rental space as opposed to the park site as a whole.
Parking: Two off-street spaces per dwelling
unit.
|
(h)
The minimum distance between units shall be
30 feet.
(i)
See Table 185-54[1] regarding buffer requirements.
[1]
Editor's Note: Table 185-54, Determination of Buffer Yard Class, is included at the end of this chapter.
(10)
Elderly housing. A residential land use intended
for persons of retirement age, which meets all the other applicable
general provisions of this article, in addition to the following specific
conditions:
(a)
The development must be sanctioned by and meet
all of the criteria of the United States Department of Housing and
Urban Development.
(b)
The gross area of the site shall be no less
than three acres.
(c)
The gross residential density shall not exceed
35 dwelling units per acre.
(d)
The lot width shall be not less than 200 feet.
(e)
The front yard setback shall be not less than
50 feet.
(f)
The side and rear yard setback shall be not
less than 35 feet.
(g)
The building height shall be no greater than
50 feet. The number of stories shall be five or fewer.
(h)
The building spacing shall be 50 feet or more.
(i)
The impervious area shall be 50% or less of
the gross site area. An additional 5% impervious area will be allowed
for recreational use.
(j)
Building coverage shall be not more than 20%
of the gross site area.
(k)
Open space shall be not less than 10% of the
gross site area, and shall be designed for appropriate recreational
activities.
(l)
The site shall be located within 500 feet of
a shopping facility which has two or more of the following retail
land uses: post office, drug store, grocery store, dry cleaner, beauty
parlor, barbershop, or bank.
(m)
Minimum standards for on-site parking shall
be 0.7 spaces per unit.
B.
Institutional, recreational, and educational land
uses.
(1)
Religious use.
(a)
Including churches, synagogues, religious foundations
or societies.
[1]
Parking: One space per four seats in the principal
place of worship, provided that the number of spaces thus required
may be reduced by not more than 50% if the place of worship is located
within 500 feet of any public parking lot or any commercial parking
without charge during the time of services to make up the additional
spaces required.
[2]
In neighborhood places of worship where 25%
or more of the parishioners walk to such place of religious worship,
the parking space requirement may be reduced proportionately.
(2)
School. To include religious and nonsectarian, denominational,
private or public school, not conducted as a private, gainful business
and subject to the following provisions:
(a)
No outdoor recreation area shall be located
nearer to any lot line than the required front yard depth.
(b)
Outdoor play areas shall be sufficiently screened
and sound insulated with a planted buffer so as to protect the neighborhood
from inappropriate noise and other disturbance.
(c)
Parking requirements as follows:
[1]
Kindergarten and day nursery: One space for
each faculty member and employee plus two additional spaces per classroom.
[2]
Elementary school: One space for each faculty
member and employee plus one space per two classrooms and offices.
[3]
Junior high school: One space per faculty member
and employee plus one space per two classrooms and offices.
[4]
Senior high school: One space per faculty member
and employee plus one space per 10 students of projected building
capacity.
[5]
College and junior college: One space per faculty
member and employee plus one space for each 10 classroom seats, or
one off-street parking space for each 10 auditorium seats, whichever
requires the greater number of off-street parking spaces.
(4)
Cultural facility.
(a)
To include art galleries, libraries or museums,
or other similar facilities open to the public or connected with a
permitted educational, philanthropic, or religious use, and not conducted
as a private, gainful business.
(b)
Parking: One space per five seats plus one space
per two employees on the premises. Where fixed seats are not provided,
one space for every 100 square feet of floor area intended to be used
by patrons, guests, members, clients or customers plus one space per
two employees on the premises at any one time.
(5)
Community center.
(a)
To include auditorium, adult education center, or other similar facility operated by an educational, philanthropic or religious institution, not conducted as a private, gainful business and subject to the provisions under use "School" in Subsection B(2).
(b)
Parking: One space per five seats plus one space
per two employees on the premises. Where fixed seats are not provided,
one space for every 100 square feet of floor area intended to be used
by patrons, guests, members, clients or customers plus one space per
two employees on the premises at any one time.
(6)
Day nursery.
(a)
To include a nursery school, kindergarten, or other agency giving day care to more than three children who are not related to the operator of the agency, subject to the provisions under use "school" in Subsection B(2) and all requirements of the Pennsylvania Department of Public Welfare.
(b)
Parking: One space for each faculty member and
employee plus two additional spaces per classroom.
(c)
In addition to parking requirements, sufficient
area shall be set aside for dropping off and picking up children in
a safe manner that will not cause the children to cross the parking
area or lines of traffic.
(7)
Recreational facility (governmental). Owned or operated by the Borough or other governmental agency, subject to the provisions under use "school" in Subsection B(2).
(8)
Recreational facility (nongovernmental).
(a)
Owned or operated by a nongovernmental agency, not conducted as a private, gainful business, subject to the provisions under use "school" in Subsection B(2).
(b)
Parking: One space per five seats plus one space
per two employees on the premises. Where fixed slots are not provided,
one space for every 100 square feet of floor area intended to be used
by patrons, guests, members, clients, or customers plus one space
per two employees on the premises at any one time.
(10)
Convalescent home.
(a)
To include a nursing home, or other establishment
licensed by the Commonwealth of Pennsylvania, which is set up to provide
long-term care to individuals who, by reason of advanced age, chronic
illness, or disabilities are unable to care for themselves. A nursing
home is a licensed establishment that provides full-time convalescent
or chronic care or both for three or more individuals who are not
related by blood or marriage to the operator and who, by reason of
chronic illness or infirmity, are unable to care for themselves. No
care for the acutely ill or surgical or obstetric services shall be
provided in such a home; a hospital shall not be construed to be included
in this definition. Each such facility must provide an outdoor sitting
area which must be landscaped. The sitting area must be properly situated
in terms of the microclimate (no extreme southerly exposure) and shall
not be located on land subject to flooding or on slopes over a 5%
grade.
(b)
Parking: 1/2 space for each patient or
inmate bed; plus at least one additional off-street parking space
for each staff and visiting doctor; plus one additional parking space
for each employee (including nurses) on the two major shifts.
(11)
Medical center.
(a)
To include hospitals, health clinics, medical
research laboratories, outpatient departments, training facilities,
medical offices, central service facilities, and staff offices operated
as an integral part of the center, and commercial uses supplementary
to it, subject to the following provision:
(b)
The parking requirements for all uses shall
be met, to the extent to which each type is represented at the center.
(c)
Parking: One space per bed intended for patients,
plus one space per each medical staff member, plus one space for each
employee on the largest working shift.
(12)
Seniors' social center.
(a)
A community center for the elderly offering
social and recreational activities. The center may include facilities
for lectures, arts and crafts, and special events. This use may be
permitted as accessory to a permitted nonresidential use. Sufficient
facilities for passenger loading and unloading shall be provided.
(b)
Parking: One off-street space for each staff
member or volunteer, plus one space per four elderly in attendance.
C.
Business and office uses.
(1)
Professional service. To include offices of physicians,
lawyers, clergymen, teachers, dentists, architects, engineers, insurance
agents, opticians, and other medical professionals and related offices
which do not involve the actual storage, exchange, or delivery of
merchandise on the premises, provided that in the BC District:
(2)
Business service (nongovernmental).
(4)
Animal kennel. To include veterinary offices and facilities
for the treatment, breeding, grooming, sale, or boarding of small
domestic animals, subject to the following provision. Kennel areas
shall be contained inside a building properly insulated for sound
or shall be at least 500 feet from the nearest residence.
(5)
Parking, business and office uses [Subsections C(1) through C(4)]: One space for every 300 square feet of gross floor area devoted to office use, except within the zoning district designated as Borough Center (BC) where off-street parking shall be provided as follows: no off-street parking spaces shall be required for the first 400 square feet of gross floor area devoted to office use. For each additional 600 square feet, or portion thereof, of gross floor area devoted to office use, one off-street parking space shall be provided and maintained. Such requirements within the zoning district designated as Borough Center (BC) may be decreased or waived when authorized as a special exception in accordance with § 185-102D if the Zoning Hearing Board finds that such requirements are impracticable, or would require destruction of important architectural or landscape elements and the unreasonableness of such regulations is clearly demonstrated.
D.
Commercial uses.
(1)
Retail shop.
(a)
Stores with a gross floor area of 10,000 square
feet or less for the retail sale of antiques, books, beverages, confections,
drugs, dry goods, flowers, foodstuffs, gifts, garden supplies, hardware,
household appliances, jewelry, notions, periodicals, stationery, tobacco,
paint, wearing apparel, and other similar goods, but not including
stores requiring extensive outdoor display or which allow food or
beverages to be consumed on or immediately about the premises, provided
that in the BC District, the provisions under use "professional service"
in Subsection C(l) shall be met. The provisions of this section shall
include the craftsman and artisan, operating within the definition
of a small business (gross floor area of 10,000 square feet or less),
if the nature and scale of the business is similar to the uses listed
under retail shops.
(c)
Sale or storage of fireworks: No fireworks sales
or storage use shall be located within 300 feet of any residential
use or residential district or within 1,000 feet from gas stations
and fuel storage facilities.
[Added 4-4-2006 by Ord. No. 303]
(2)
Bulk commercial.
(5)
(7)
Restaurant (fast service). Eating place for the sale and consumption of food and beverages without table or sit-down counter facilities provided, with takeout service, provided that in the BC District the provisions under use "professional service" in Subsection C(1) shall be met.
(8)
Parking, commercial uses, Subsections D(1) and D(3) through (7): One space for every 300 square feet of gross floor area devoted to patron use, or one space for each five seats, whichever is greater, except within the zoning district designated as Borough Center (BC) where off-street parking shall be provided as follows: No off-street parking spaces shall be required for the first 400 square feet of gross floor area devoted to patron use. For each additional 800 square feet, or portion thereof, of gross floor area devoted to patron use, one off-street parking space shall be provided and maintained. Such requirements within the zoning district designated as Borough Center (BC) may be decreased or waived when authorized as a special exception in accordance with § 185-102D if the Zoning Hearing Board finds that such requirements are impracticable or would require destruction of important architectural or landscape elements and the unreasonableness of such regulations is clearly demonstrated.
(9)
Mortuary or funeral home. Parking: One space for each
50 square feet of floor area in parlor or service rooms or one space
for each five seats or five persons of total capacity in assembly
rooms plus one space for each employee.
(10)
Public entertainment facility (indoor).
(a)
Indoor facility operated as a gainful business,
open to the public for the purpose of entertainment or recreation,
including but not limited to bowling alleys, motion picture theaters,
health clubs, and similar facilities, provided that adequate measures
to prevent noise and other noxious influences from disturbing nearby
residential properties shall be taken.
(b)
Parking: One space for each four seats provided
for patron use, or at least one off-street parking space for each
50 square feet of gross floor area used or intended to be used in
the operation of the establishment, whichever requires the greater
number of off-street parking spaces, plus one additional space for
each full-time employee.
(11)
Public entertainment facility (outdoor).
(a)
Outdoor facility operated as a gainful business,
open to the public for the purpose of entertainment or recreation,
including but not limited to golf courses, golf driving ranges, miniature
golf, go-cart tracks, drive-in movies, and similar facilities, provided
that adequate measures to prevent noise and other noxious influences
from disturbing nearby residential properties shall be taken.
(b)
Parking: One parking space for each five persons
of total designed capacity.
(12)
Motel, hotel, or tourist home.
(a)
A building or group of buildings for the accommodation
of transient guests, containing guest rooms for rent. Motels, hotels,
and inns may contain the following accessory facilities: eating place,
tavern, conference and meeting rooms, and banquet rooms.
(b)
Parking: One off-street parking space for each
rental room or suite, plus one off-street parking space for each employee
on the largest shift. In addition, parking space for each employee
on the largest shift. In addition, parking shall be provided for the
accessory facilities noted above based on one off-street parking space
for every four persons of total capacity.
(13)
Shopping center complex. A shopping area designed as a group of related structures with planned circulation patterns. A shopping center complex shall include improvements for internal drives, coordinated utilities, landscaping, buffering and signage as required by this chapter and Chapter 153, Subdivision and Land Development. Where a shopping center complex abuts the Delaware Canal pertinent regulations of Appendix A of this chapter[2] shall apply. A shopping center complex is subject to the
following additional criteria:
(a)
Such centers must contain a minimum lot area
of 10 acres.
(b)
Uses permitted within a shopping center complex:
|
Subsection
|
Use
| |
|---|---|---|
|
B(2)
|
School (limited to kindergarten/day care and
college and junior college only)
| |
|
B(3)
|
School, trade, or commercial
| |
|
B(4)
|
Cultural facility
| |
|
C(1)
|
Professional service
| |
|
C(2)
|
Business service (nongovernmental)
| |
|
C(3)
|
Business service (governmental)
| |
|
D(1)
|
Retail shop
| |
|
D(3)
|
Personal services
| |
|
D(4)
|
Repair services
| |
|
D(5)
|
Restaurant (sit-down)
| |
|
D(6)
|
Restaurant (drive-through service)
| |
|
D(7)
|
Restaurant (fast service)
| |
|
F(1)
|
Bus or taxicab terminal
| |
|
D(10)
|
Public entertainment (indoor) permitted by special
exception
| |
|
E(4)
|
Sale of auto parts permitted by conditional
use
|
(c)
Parking: Four off-street parking spaces shall be provided and maintained for each 1,000 square feet or portion thereof, of gross leasable area (GLA). Gross leasable area is the total floor area designed for tenant occupancy and use, including basements, mezzanines, storage areas, and upper floors, if any, expressed in square feet and measured from the center line of common partitions and from outside wall faces. In addition, uses in Subsections D(5), D(10), and D(11) shall provide parking in accordance with the requirements for those uses. The center should be provided with an area for an off-street loading dock.
(d)
Lighting facilities shall be provided and arranged
in a manner, which will protect the highway and neighboring properties
from any direct glare or hazardous interference of any kind.
(e)
All structures in a shopping center complex
shall be connected either as part of one large structure or by means
of pedestrian ways or walkways on which pedestrians can move from
one building to another without unsafe interference from vehicular
traffic.
(f)
Trash storage and collection areas shall be
appropriately screened by fencing and landscape plantings.
[2]
Editor's Note: Appendix A, Special Zoning
Provisions for Areas Adjoining the Delaware Canal.
(14)
Adult business use. Those adult business uses
specifically defined and regulated by Ordinance No. 309 adopted 8-7-2007[4] shall be permitted as a special exception in those Zoning
Districts outlined in Table 185-19[5] so long as the following standards are met:
[Added 8-7-2007 by Ord. No. 310]
(a)
The building or structure of such use shall
be located no closer than 1,500 feet from any residential use or district,
public or private school, church or other religious, institutional
or educational use.
(b)
No such use shall be located within 1,000 feet
of each other use or massage parlor, pool halls, amusement centers
or arcades.
(c)
No material sold shall be visible from any window
or door.
(d)
No persons under the age of 18 shall be permitted
within or sold any pornographic materials.
(e)
The specific application and approval requirements
set forth in Ordinance No. 309 adopted 8-7-2007 have been met.
[5]
Editor's Note: Table 185-19 is included at the end of this chapter.
(15)
Medical marijuana dispensary and grower/processor.
[Added 5-11-2021 by Ord.
No. 401]
(a)
DISPENSARY
GROWER/PROCESSOR
Definitions. As used in this section, the following terms shall
have the meanings indicated:
A store or shop holding a valid permit or license issued
by the Pennsylvania Department of Health to dispense medical marijuana
and that sells medical marijuana to the end user and/or final consumer.
A wholesale facility holding a valid permit or license issued
by the Pennsylvania Department of Health to grow and process medical
marijuana and that sells medical marijuana to a dispensary, but does
not sell medical marijuana to the end user and/or final consumer.
(b)
A medical marijuana dispensary and/or grower/processor shall
comply with the applicable requirements of the Pennsylvania Medical
Marijuana Act, 35 P.S. § 10231.101 et seq., and the regulations
promulgated thereunder, 28 Pa. Code Part IX.
(c)
A medical marijuana dispensary and/or medical marijuana grower/processor
shall provide proof to Tullytown Borough of its valid permit or license
issued by the Pennsylvania Department of Health at the time of the
commencement of the use and annually thereafter. Should any permit
or license lapse, be revoked, terminated, etc., any use permit issued
by Tullytown Borough shall become immediately void.
(d)
A medical marijuana dispensary and medical marijuana grower/processor
may not operate, be conducted, occupy, etc., the same property, lot,
tract or site.
(e)
(f)
A medical marijuana dispensary or medical marijuana grower/processor
use shall not be operated, be conducted, occupy, etc., on a lot that
is within 1,000 feet, measured by a straight line in all directions
without regard to intervening structures or objects, from the nearest
point on the lot line of a lot containing a public, private or parochial
school, day-care center, public park or community center.
(g)
A medical marijuana dispensary or medical marijuana grower/processor
use must be operated entirely indoors, within an enclosed and secure
facility. No exterior sales, displays, or storage is permitted.
(h)
The buffer requirements of this chapter shall be met.
(i)
Required off-street parking:
E.
Automotive service uses.
(1)
Parking area or garage. A lot of record upon which
the parking or storing of automotive vehicles is the primary use,
subject to the following provisions:
(a)
Such area shall be used for parking of cars
of employees, customers or guests of existing establishments in the
same district where subject parking area is proposed.
(b)
No sale, rental, service, nor repair operation
shall be performed.
(c)
The parking or storage of trucks or trailers
shall not be permitted.
(2)
Gasoline service station. Subject to the following
provisions:
(a)
All activities except those to be performed
at the fuel pumps shall be performed within a completely enclosed
building.
(b)
All automobile parts, dismantled vehicles, and
similar articles shall be stored within a building.
(c)
Full-body painting, spraying, or body and fender
work shall be prohibited.
(d)
By conditional use, minor automobile accessories
and food and beverage items may be sold subject to the limitations
of this chapter.
(e)
Parking: One space for every 150 square feet
of gross floor area, plus one space for each employee.
(3)
Repair garage. To include paint spraying, body and
fender work, or a carwashing facility, provided that all repair and
paint work shall be performed within an enclosed structure.
(a)
Vehicles awaiting repair shall not be stored
outdoors for more than 30 days.
(b)
All work shall be performed within a fully enclosed
building.
(c)
A car wash shall include a water recycling facility.
(d)
Parking: One space for every 150 square feet
of gross floor area, plus one space for each employee.
F.
Transportation facilities.
(1)
Bus or taxicab terminal. The use shall be designed
for passenger commuter service.
(a)
Overnight storage of buses or fleet of cabs
shall not be permitted.
(b)
Vehicle stacking shall be provided for three
taxicabs.
(c)
Adequate lighting shall be provided in conformance with the requirements of § 153-37 of Chapter 153, Subdivision and Land Development.
(d)
Parking: One off-street parking space for each
employee.
(3)
Truck terminal. A use of land or structures for the
storage of trucks and/or the transfer of freight from one truck to
another.
(a)
Minimum lot area: three acres.
(b)
Short-term warehousing, less than 30 days, is
permitted under this use.
(c)
Trucks with compressors running 24 hours a day
shall be located within a quadrangle of buildings or walls.
(d)
Parking associated with a terminal or bus yard
shall have a buffer planting strip 10 feet wide with an appropriate
fence wherever it abuts (within 50 feet) a residential use or residential
district, planted in accordance with the plant materials list of this
chapter. (See Table § 185-54-2.)[6]
(e)
The truck terminal shall be licensed by the
Public Utilities Commission.
(f)
Parking: One off-street parking space for each
employee, or one space for every 500 square feet of gross floor area,
whichever requires the greater number of spaces, plus one space for
each company vehicle normally stored on the premises.
(4)
Railroad station/service. The use shall be designed
for passenger commuter service.
(a)
Maintenance and rail yards for sole purpose
of overnight storage of trains shall not be permitted.
(b)
Adequate lighting shall be provided in conformance with the requirements of § 153-37 of Chapter 153, Subdivision and Land Development.
(c)
A planted buffer must be provided in accordance
with Table 185-54, Determination of Buffer Yard Class.[7]
[7]
Editor's Note: Table 185-19, Use Regulations, is included at the end of this chapter.
(d)
Parking: For a railway station, no less than
the number of off-street spaces required for 30% of the projected
ridership or, a greater number as determined by the municipal Planning
Commission and Borough Council. In addition, one off-street parking
space for each full-time employee on the largest shift, plus one space
for each company vehicle parked on the site.
G.
Utilities.
(1)
Communication facility.
(a)
To include land-based telephone or telegraph exchange, and radio or television broadcasting studio, provided that in the BC and HC Districts such uses shall not include the storage of materials, trucks or repair facilities, or the housing of repair crews. In residential districts, automatic telephone exchange offices shall not include the transaction of business with the public, storage of materials, truck or repair facilities, or housing of repair crews. Use "communication facility" in this Subsection G(1) does not include the uses and structures described and regulated by use "cellular telecommunication facility" in Subsection G(2).
(b)
Parking: One off-street parking space for each
employee employed at the site plus three additional spaces for visitor
parking.
(2)
Cellular telecommunications facility. A cellular telecommunications
facility consist of the equipment and structures involved in receiving
telecommunication or radio signals from a mobile radio communications
source and transmitting those signals to a central switching computer
that connects the mobile unit with the land-based telephone lines.
(a)
General. The following general provisions apply to all cellular telecommunications facilities. The general standards are in addition to the provisions for the particular applications specified in Subsections G(2)(b) and (c) below.
[1]
The location of the tower and equipment building
shall comply with all natural resource protection standards of this
chapter.
[2]
The following buffer plantings shall be located
around the perimeter of the security fence: An evergreen screen shall
be planted that consists of either a hedge, planted three feet on
center maximum, or a row of evergreen trees planted 10 feet on center
maximum. Existing vegetation (trees and shrubs) shall be preserved
to the maximum extent possible.
[3]
An eight-foot-high security fence shall completely
surround the tower (and guy wires if used) and equipment building.
[4]
The tower shall be designed and constructed
to all applicable standards of the American National Standards Institute,
ANSI/EIA-222-E Manual, as amended.
[5]
A soil report complying with the standards of
Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended,
shall be submitted to the municipality to document and verify the
design specifications of the foundation for the tower and anchors
for the guy wires if used.
[6]
All plans and drawings for the tower and antenna
shall contain a signature and seal of a professional structural engineer.
[7]
The tower and antenna shall be designed to withstand
wind gusts of at least 100 miles per hour.
[8]
An antenna may not be located on a building
or structure that is listed on a historic register or is in a historic
district.
(b)
Nonresidential districts. A cellular telecommunications
facility is permitted in the following zoning districts: Light Industrial
and Highway Commercial, subject to the following conditions:
[1]
[2]
Combined with another use. A cellular telecommunications
facility is permitted on a property with an existing use or on a vacant
parcel subject to the following conditions:
[a]
The existing use on the property
may be any permitted use in the district or any lawful nonconforming
use and need not be affiliated with the cellular telecommunications
provider.
[b]
The cellular telecommunications
facility shall be fully automated and unattended on a daily basis
and shall be visited only for periodic maintenance.
[c]
The minimum lot area shall be the
area needed to accommodate the tower (including guy wires if used),
the equipment building, security fence, and buffer planting. If the
title to the land on which the cellular telecommunications facility
is located is conveyed to the owner of the facility, the land remaining
with the principal lot shall continue to comply with the minimum lot
area for the district.
[d]
The tower and telecommunications
equipment building shall comply with the minimum setback requirements
for the host lot.
[e]
The vehicular access to the equipment
building shall, whenever feasible, be provided along the circulation
driveways of the existing use.
[3]
Combined with an existing structure. Where possible
an antenna for a cellular telecommunications facility shall be attached
to an existing structure or building subject to the following conditions:
[a]
Maximum height: 50 feet above the
existing building or structure.
[b]
If the applicant proposes to locate
the telecommunications equipment in a separate building, the building
shall comply with the following:
[i]
The building shall comply with
the minimum setback requirements for the subject zoning district.
[ii]
An eight-foot-high security fence
shall surround the building.
[iii]
A buffer yard shall be planted in accordance with Subsection G(2)(a)[2].
[iv]
Vehicular access to the building
shall not interfere with the parking or vehicular circulation on the
site for the principal use.
[c]
Elevations of existing and proposed
structures showing width, depth, and height, engineering data about
the antenna and support structure, such as antenna size and weight
and load bearing capacity of support structure, shall be presented.
(c)
Residential districts. Located on a nonresidential
property. A tower to support an antenna may be constructed on a property
with a nonresidential use that is a permitted use in the district
where the tower is proposed including but not limited to a church;
municipal or government building, facility, or structure; agricultural
use; and a utility use, subject to the following conditions:
(3)
Supply utility. To include water supply works and
storage, electric substations, plus necessary rights-of-way and transmission
lines, subject to the following provisions. Electric substations include
assemblages of equipment for purposes other than generation or utilization,
through which electric energy in bulk is passed for the purposes of
switching or modifying its characteristics to meet the need of the
general public.
(a)
In the R-1, R-2, and BC Districts, no public
business office shall be operated in connection with such use.
(b)
In no district shall any storage building be
operated in connection with such use unless such storage facility
is essential to service customers in the district in which it is located.
(c)
All transmission lines shall be underground.
(d)
Parking: Two off-street parking spaces, plus
one off-street parking space for each employee normally in attendance
at the facility at any time.
(4)
Petroleum product and gas substation. Subject to the provisions under use "supply utility" in Subsection G(3).
(5)
Sanitary utility.
(a)
To include sewerage works, sewage pumping station,
plus associated collection line and right-of-way, provided that such
facilities are intended primarily to serve residents of Tullytown
Borough. This use does not include refuse dump, incinerator, or sanitary
landfill.
(b)
Parking: Two off-street parking spaces, plus
one off-street parking space for each employee normally in attendance
at the facility at any time.
(6)
Fire station.
(a)
To include ambulance, reserves and other emergency
services.
(b)
Parking: Three off-street parking spaces for
every four employees on the two major shifts at maximum employment,
or four off-street parking spaces for each fire truck where no community
room is a part of the building, whichever requires the greater number
of parking spaces. Where a community room is provided, two off-street
parking spaces for each fire truck plus one off-street parking space
for each 50 square feet of gross floor area.
H.
Industrial uses.
(1)
Wholesale business and storage. Subject to the following
provisions:
(a)
In the BC District, such uses shall be restricted
to offices.
(b)
In the SC and LI Districts, the storage provisions of use "outside storage" in Subsection I(7) shall be met.
(c)
Parking: One off-street parking space for each
employee on the largest shift plus one off-street parking space for
each company vehicle normally stored on the premises plus one off-street
parking space for every 10 employees on the largest shift for visitor
parking. Also, the applicant must illustrate on the land development
plan that there is sufficient area on-site to accommodate the parking
requirement based on one space for every 500 square feet of gross
floor area; this is to ensure that a sufficient amount of parking
can be provided if the use or tenancy changes.
(2)
Warehouse.
(a)
Not to include outdoor storage [unless the provisions of use "outside storage" in Subsection I(7) are met] or miniwarehouses.
(b)
Parking: One off-street parking space for each
employee on the largest shift plus one off-street parking space for
each company vehicle normally stored on the premises plus one off-street
parking space for every 10 employees on the largest shift for visitor
parking. Also, the applicant must illustrate on the land development
plan that there is sufficient area on-site to accommodate the parking
requirement based on one space for every 500 square feet of gross
floor area; this is to ensure that a sufficient amount of parking
can be provided if the use or tenancy changes.
(3)
Miniwarehouse. A building or group of buildings in
a controlled access compound that contains varying sizes of individual
controlled access compartments to be used for the storage of excess
personal property, subject to the following provisions.
(a)
Each miniwarehouse structure shall not exceed
6,000 square feet in size.
(b)
The width of interior driveways shall be at
least 20 feet.
(c)
The minimum requirements for lease restrictions
shall be as follows:
(d)
Parking: One space for each 25 storage compartments
(or if the size and number of compartments are flexible, one space
for each 10,000 square feet of gross floor area), to be located at
project office for use by prospective clients. One space for manager,
to be located at on-site office or manager's quarters. If living quarters
for a caretaker are provided, two additional off-street parking spaces
are required.
(4)
Manufacturing.
(a)
The production, processing, cleaning, printing, testing, and distribution of materials, goods, foodstuffs and other products such as electronic instruments and devices, radios and phonographs, medical and surgical instruments, optical products, pharmaceuticals, toiletries, jewelry, mechanical instruments, and other similar small parts and products. The provisions of this section shall not include the craftsman or artisan operating a small business (gross floor area of 10,000 square feet or less). See use "retail shop" in Subsection D(1).
(b)
Parking: One off-street parking space for each
employee on the largest shift plus one off-street parking space for
each company vehicle normally stored on the premises plus one off-street
parking space for every 10 employees on the largest shift for visitor
parking. Also, the applicant must illustrate on the land development
plan that there is sufficient area on-site reserved to accommodate
future parking requirements based on one space for every 500 square
feet of gross floor area; this is to ensure that a sufficient amount
of parking can be provided if the use or tenancy changes.
(5)
Laboratory.
(a)
To include research, testing, or experimentation.
(b)
Parking: One off-street parking space for each
employee on the largest shift, or one space for every 250 square feet
of gross floor area, whichever requires the greater number of parking
spaces, plus one space for each company vehicle normally stored on
the premises.
(6)
Contractor's office and storage.
(a)
To include building, cement, electrical heating, plumbing, masonry, painting and roofing contractors, provided that the storage provisions of use "outside storage" in Subsection I(7) are met.
(b)
Parking: One off-street parking space for each
employee on the largest shift, or one space for each 250 square feet
of gross floor area, whichever is greater, plus one space for each
company vehicle normally stored on the premises.
I.
Accessory uses.
(1)
Home occupation. Activities for gain such as hobbies,
handicrafts, and services customarily carried on in a dwelling, or
in a building or structure accessory to a dwelling, which are clearly
incidental and secondary to the use of the dwelling for residential
purposes, subject to the following provisions:
(a)
The home occupation shall be carried on wholly
indoors and within the principal building.
(b)
There shall be no maintenance of a stock in trade, no use of show windows nor display nor advertising visible outside the premises to attract customers or clients other than home occupation announcement signs as permitted and regulated in Article VII, and no exterior storage of materials.
(c)
No alterations, additions, or changes to the
structure shall be permitted in order to accommodate or facilitate
a home occupation.
(d)
No articles shall be sold or offered for sale
except such as may be produced on the premises.
(e)
No repetitive servicing by truck for supplies
and materials shall be required.
(f)
The home occupation shall be carried on only
by those residing in the structure, plus not more than one additional
employee.
(g)
No home occupation shall overburden existing
community facilities such as roads, sewers, water supply, electrical
systems, fire departments, police protection, or trash collection.
(h)
Home occupation includes, but is not limited
to the following: art studio, professional office of a physician,
dentist, lawyer, engineer, architect, writer, personal business office,
or accountant within a dwelling occupied by the same. Teaching of
not more than four pupils simultaneously, or in the case of musical
instruction not more than a single pupil at a time.
(i)
A zoning permit shall be required for all accessory
home occupations.
(j)
The following uses shall not be considered acceptable
home occupations: animal hospital, stable, kennel, funeral parlor,
retail store, restaurant, or truck terminal, or automobile, truck
or motorcycle repair.
(k)
The area devoted to the permitted home occupation
shall be located within either the operator's dwelling or a building
accessory thereto and such area, together with any area devoted to
any other home occupation permitted under this section shall be equivalent
to not more than 25% of the net floor area contained in the operator's
dwelling, excluding the floor area covered by an attached garage or
such other similar building.
(l)
Parking: Two spaces in addition to spaces otherwise
required. However, there shall be no more than four off-street spaces
on a single lot for the residence and the accessory home occupation.
(2)
No-impact home-based business. A business or commercial
activity administered or conducted as an accessory use which is clearly
secondary to the use as a residential dwelling and which involves
no customer, client, or patient traffic, whether vehicular or pedestrian,
pickup, delivery or removal functions to or from the premises, in
excess of those normally associated with residential use. The activity
shall satisfy the following requirements:
(a)
The activity shall be compatible with the residential
use of the property and surrounding residential uses.
(b)
The activity shall not employ anyone 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.
(e)
The 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, that is detectable in the neighborhood.
(f)
The activity may not generate any solid waste
or sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
(g)
The activity shall be conducted only within
the dwelling and may not occupy more than 25% of the habitable floor
area.
(h)
No zoning permit is required as long as the
above regulations are met.
(3)
Residential accessory. A residential accessory building
or structure or use includes but is not limited to:
(a)
Parking spaces for the parking of passenger
automobiles; but excluding parking of commercial vehicles other than
vehicles not exceeding 1/2 ton loading capacity that are needed
for travel to and from work by residents of the principal building,
are completely enclosed within a building, and also excluding repairs,
sale of gas, and other such commercial uses. Parking of commercial
vehicles with a gross vehicle weight exceeding five tons on Borough
streets, except in the normal course of business, such as for deliveries
or while construction of renovation activities by a contractor or
builder, etc., is prohibited.
(b)
Structures such as fences and walls.
(c)
Buildings, such as storage sheds, bath houses, gazebos, workshops, garages, and private greenhouses, provided that the building meets the setback provided in Article V, the maximum height is 12 feet and, the total floor area of all accessory buildings is 144 square feet or less. Accessory buildings proposed with larger dimensions than specified above shall be approved only after conditional use approval is granted by Borough Council. No more than one accessory building shall be allowed on a parcel.
(d)
Private swimming pool wherever constructed as a stationary or permanent structure or wherever temporarily erected for use, subject to the provisions regulating accessory structures under § 185-26B of this chapter and the following: The pool shall be enclosed so as to make the water inaccessible to children. Such enclosure, including gates therein, shall be at least four feet in height. All gates shall be self-latching, with latches placed four feet above the underlying ground, or otherwise made inaccessible to children from the outside. A natural barrier, hedge, pool cover, or other protective device may be used so long as the degree of protection is comparable.
(e)
Basketball goals (either permanent or temporary)
shall not be allowed in Borough right-of-ways.
(f)
Parking as required for use plus any additional
spaces as required by the Borough Council as part of conditional use
approval.
(4)
Accessory dwelling. A separate dwelling unit subordinate in size to the principal single-family detached dwelling unit. Accessory dwellings are permitted as accessory uses only for use "single-family detached dwelling" in Subsection A(1). The accessory dwelling may be contained in the principal residence or in an accessory building.
(a)
Not more than one accessory dwelling shall be
permitted per lot.
(b)
The lot must conform to the minimum lot area requirement for use "single-family detached dwelling" in Subsection A(1) in the applicable zoning district.
(c)
No new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use unless the principal use "single-family detached dwelling" in Subsection A(1) is located on a lot which has a lot size which is 1.5 times the minimum lot size required for that use in the district within which the principal residence is located.
(d)
Not more than 30% of the total floor area of
the principal residence shall be occupied by the accessory dwelling.
If the accessory dwelling is located in an accessory building, the
maximum floor area of the dwelling shall be 650 square feet.
(e)
The single-family detached dwelling or the accessory building in that the accessory dwelling is located shall meet the minimum yard requirements for use "single-family detached dwelling" in Subsection A(1) in the applicable zoning district.
(f)
There shall be no changes to the exterior of
the residence which suggest that the dwelling unit is other than a
single-family detached dwelling or which otherwise detract from the
single-family character of the neighborhood.
(g)
The dwelling units may share the single front
entrance or additional entrances may be placed on the side or rear
of the structure. Exterior stairways and fire escapes shall be located
on the rear wall in preference to either side wall and in no case
on a front wall or on a side wall facing a street.
(h)
Accessory dwellings shall not be located in
cellar or basement areas (area having 1/2 or more of its floor-to-ceiling
height below the average level of the adjoining ground) except where
at least one wall of the accessory dwelling is at grade level with
direct access to the outside from the accessory dwelling.
(i)
Separate cooking, sleeping, living and bathroom
facilities shall be provided for each dwelling unit.
(j)
Trash receptacles shall not be visible from
the street or abutting properties except on scheduled pickup days.
(k)
A permit shall be required from the appropriate
governmental agency with jurisdiction that indicates that the property
can be served by either public sewers or by an adequate septic system,
prior to the issuance of a zoning permit.
(l)
Parking: The required off-street parking for
the principal dwelling, plus one additional off-street parking space
per bedroom in the accessory dwelling shall be provided.
(5)
Temporary structure or use. A temporary permit may
be issued for structures or uses necessary during construction or
other special circumstances of a nonrecurring nature, subject to the
following provisions:
(6)
Nonresidential accessory.
(a)
A building, structure, or use customarily incidental
to the uses permitted in the BC, SC, HC, and LI Districts in connection
with such uses, except outside storage, provided that any use accessory
to a use permitted only by special exception shall be established
only if and as provided in such exception. Parking of commercial vehicles
with a gross vehicle weight exceeding five tons on Borough streets,
except in the normal course of business, such as for deliveries or
while construction of renovation activities by a contractor or builder,
etc., is prohibited.
(7)
Outside storage. Other than storage as a primary use
of the land, necessary but incidental to the normal operation of a
primary use.
(a)
Such use shall be subject to the following provisions:
[1]
No part of the street right-of-way, no sidewalks
nor other areas intended or designed for pedestrian use, no required
parking areas, and no part of the required front yard shall be occupied
by outside storage.
[2]
Outside storage areas shall occupy an area of
less than 1/2 the existing building coverage.
[3]
Outside storage areas shall be shielded from
view from the public streets.
(b)
Uses requiring more substantial amounts of land area for storage may be exempt from the provisions of Subsection I(7)(a)[2] and [3] above when granted as a special exception by the Zoning Hearing Board. Such uses shall be subject to the following additional provisions:
[1]
No more than 25% of the lot area shall be used
in outdoor storage.
[2]
Particular uses appropriate for consideration under this provision include, but are not limited to, bulk commercial [Subsection D(2)], school bus yard [Subsection F(2)], and truck terminals [Subsection F(3)]. Among the uses that shall not be considered appropriate for inclusion under this provision are retail shops and stores [Subsection D(1)], repair shops for appliances [Subsection D(4)], gasoline service station [Subsection E(2)], sale of automotive accessories [Subsection E(4)], wholesale business [Subsection H(1)], warehousing [Subsection H(2)], manufacturing [Subsection H(4)], and contractor offices and storage [Subsection H(6)].
[3]
Parking: No parking requirement.
(8)
Outside display.
(a)
Outside display of goods, wares, or merchandise
upon a fixture, table, machine or other device for the display and/or
sale of merchandise, limited to the portion of the sidewalk adjacent
to the inside line thereof, extending not more than 24 inches toward
the curbline, where the sidewalk is sufficiently wide so that a free
and unencumbered walkway at least six feet in width remains available
for the use of pedestrians. No outside display or posted sale of merchandise
such as automobiles, boat trailers, equipment or other items shall
be allowed along the open space areas adjacent to Levittown Parkway.
(b)
Parking: No parking requirement.
(9)
Travel trailer storage. Subject to the following provisions:
(a)
In all districts, no more than one trailer shall
be stored on a lot.
(b)
Such trailers shall be owned by the occupant
of the lot upon which the trailer is stored.
(c)
Such trailers must be unoccupied.
J.
Solid waste facilities.
(1)
Sanitary landfill. A sanitary landfill is an engineered
facility where municipal solid waste and those residual wastes specifically
designated as acceptable to the Pennsylvania Department of Environmental
Protection, is delivered for the purpose of disposal, in and on the
land. Hazardous waste is specifically excluded from this definition.
Sanitary landfills are strictly prohibited unless operated in accordance
with the statutes and regulations of the commonwealth and the provisions
of this chapter as follows:
(a)
Minimum lot size shall be 50 acres.
(b)
Minimum setbacks:
[1]
Streams: 100 feet.
[2]
Water supply: 300 feet.
[3]
Occupied dwelling: 2,000 feet.
[4]
Residential zoning district: 150 feet.
[5]
Other zoning district except one zoned industrial,
within which the property is owned in single ownership with property
which is subject to the sanitary landfill regulation: 100 feet.
(c)
Maximum height of the landfill shall be limited and determined by the maximum slope requirement set forth in Subsection J(1)(s) below.
(d)
Access to the site shall be limited to those
posted times when an attendant is on duty. To protect against indiscriminate
and unauthorized dumping, every landfill shall be protected by locked
barricades, fences, gates or other positive means designed to deny
access to the area at unauthorized times or locations.
(e)
Unloading of solid waste shall be controlled
and restricted to the working face. Solid waste shall be compacted
and covered at the end of each day's operation.
(f)
Scavenging shall be prohibited.
(g)
In the event of equipment failure, the operator
shall have sufficient backup equipment readily available.
(h)
The sanitary landfill shall be under the direction,
at all times, of a responsible individual who has a minimum of five
years of experience operating a permitted landfill.
(i)
Litter control shall be exercised to confine
blowing litter to the work area and a working plan for clean up of
litter shall be submitted to the municipality. To control blowing
paper, there shall be erected a fence having a minimum height of six
feet, with openings not more than three inches by three inches along
all boundaries. The entire area, including all access roads, shall
be kept clean and orderly.
(j)
Groundwater and surface waters shall be monitored
routinely and in accordance with Pennsylvania Department of Environmental
Protection regulations.
(k)
The sanitary landfill shall be constructed in
a manner which protects the environment and the public health, using
at least a double membrane-type liner with a leachate collection system.
The liner material shall be resistant to deterioration by solid waste
and solid waste by-products. The sanitary landfill shall be designed
in a manner which guards against failure by monitoring or duplication
of facilities.
(l)
A leak detection system shall be installed and
continuously monitored.
(m)
Gas venting, recovery, and monitoring shall
be required.
(n)
The sanitary landfill operator shall provide
copies to the Borough, as soon as received, of all permit applications,
permits, and reports or correspondence regarding inspections, environmental
monitoring, and regulatory actions.
(o)
The access roads shall be constructed in a manner
which limits the tracking of mud onto nearby public streets.
(p)
The sanitary landfill shall be managed in a
way that controls and eliminates rodents, flies, and mosquitoes.
(q)
The landfill shall be managed, operated and
constructed in a way that shields the working face away from residences.
(r)
A one-hundred-foot buffer area shall be maintained, in accordance with the buffer requirements of § 185-54, between the toe of the landfill and all other surrounding land uses and/or roads. The buffer zone may be located either within the area zoned solid waste disposal or immediately adjacent thereto, in an area zoned either LI or SWS and which is owned in single ownership with the property subject to the sanitary landfill regulations.
(s)
Maximum final slopes shall not exceed a 3:1
or 33% slope. Horizontal terraces shall be provided in accordance
with DEP regulations and approvals. The terrace width shall be measured
as the horizontal distance between slope segments.
(2)
Incinerator. An incinerator is a facility designed
to reduce municipal solid waste by combustion. Incinerators consist
of refuse handling and storage facilities, furnaces, subsidence chambers,
residue handling and removal facilities, chimneys and other air pollution
control equipment, and may or may not include heat exchange equipment
for energy recovery. An incinerator is subject to the following:
(a)
Minimum lot size shall be five acres.
(c)
Operation of an incinerator shall at all times
be in full compliance with the statutes of the Commonwealth of Pennsylvania
and the rules and regulations of the Pennsylvania Department of Environmental
Protection and the provisions of this section. In the event that any
of this section is less restrictive than any present or future rules
or regulations of the Pennsylvania Department of Environmental Protection,
the more restrictive Pennsylvania Department of Environmental Protection
regulations shall supersede and control.
(d)
An incinerator shall be under the direction
at all times of a responsible individual who has a minimum of five
years of experience operating an incinerator.
(e)
Access to the site shall be limited to those
posted times when an attendant is on duty. In order to protect against
indiscriminate and unauthorized dumping, every incinerator shall be
protected by locked barricades, fences, gates or other positive means
designed to deny access to the area at unauthorized times or locations.
(f)
Unloading of waste shall be continuously supervised
by a facilities operator.
(g)
Hazardous waste shall not be disposed of in
an incinerator.
(h)
Litter control shall be exercised to confine
blowing litter to the work area and a working plan for clean up of
litter shall be submitted to the municipality. To control blowing
paper, there shall be erected a fence having a minimum height of six
feet, with openings not more than three inches by three inches along
all boundaries. The entire area, including all access roads, shall
be kept clean and orderly.
(i)
All unloading of municipal solid waste shall
be done within the building housing the incinerator.
(j)
All storage of municipal solid waste shall be
indoors in a manner that is leakproof and vectorproof. During normal
operation no more municipal solid waste shall be stored on the property
than is needed to keep the facility in constant operation but in no
event for more than 48 hours.
(k)
A contingency plan for disposal of municipal
solid waste during a plant shutdown must be submitted to the municipality.
(l)
Leachate and wash-down water from the municipal
solid shall be disposed of in a manner in compliance with the Pennsylvania
Department of Environmental Protection regulations. In no event shall
the leachate or wash-down water be disposed of in a storm sewer, to
the ground, or in any other manner inconsistent with the Pennsylvania
Department of Environmental Protection regulations.
(m)
Ash from the incinerator shall be stored in
such a manner as to prevent it from being carried from the site by
wind or water. The ash shall be disposed of in a sanitary landfill
approved by the Pennsylvania Department of Environmental Protection.
(n)
Facilities that utilize pyrolysis to incinerate
the waste shall use containers that meet state and local regulations
for the storage of gasses and oils that result from the process.
(3)
Transfer station. A facility where municipal solid
waste is delivered for the purpose of compacting the material into
larger vehicles for transport to a final disposal site or processing
facility. A transfer station may include the separation and collection
of material for the purpose of recycling. A transfer station shall
be subject to the following:
(a)
Minimum lot size shall be three acres.
(c)
The entire transfer process, which includes
unloading, compaction and loading onto the transfer trucks, shall
occur inside a building.
(d)
Municipal solid waste shall not remain on the
site for more than 48 hours.
(e)
At the end of each workday all municipal solid
waste on the site shall be compacted in a transfer container.
(f)
Oversized items and items that cannot be compacted
because of their size or construction shall be stored in the building.
These items shall not remain on the site for more than 15 days.
(g)
The operator shall have a contingency plan for
when the transfer station is shut down for scheduled maintenance and
for emergency shut downs.
(h)
Leachate and wash-down water from the solid
waste and water used to wash vehicles or any part of the transfer
facility shall be disposed of in a manner in compliance with the Pennsylvania
Department of Environmental Protection regulations. In no event shall
the leachate or wash-down water be disposed of in a storm sewer, to
the ground, or any other manner inconsistent with the Pennsylvania
Department of Environmental Protection regulations.
(i)
Operation of a transfer station shall at all
times be in full compliance with the statutes of the Commonwealth
of Pennsylvania and the rules and regulations of the Pennsylvania
Department of Environmental Protection and the provisions of this
section. In the event that any of the provisions of this section are
less restrictive than any present or future rules or regulations of
the Pennsylvania Department of Environmental Protection, the more
restrictive Pennsylvania Department of Environmental Protection regulations
shall supersede and control.
(j)
A transfer station shall be under the direction
at all times of a responsible individual who has a minimum of five
years of experience operating a transfer station.
(k)
Access to the site shall be limited to those
posted times when an attendant is on duty. To protect against indiscriminate
and unauthorized dumping, every transfer station shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
(l)
Unloading of municipal solid waste shall be
continuously supervised by a facility operator.
(m)
Hazardous waste shall not be permitted in the
transfer stations.
(n)
Litter control shall be exercised to confine
blowing litter to the work area and a working plan for cleanup of
litter shall be submitted to the municipality. To control blowing
paper, a fence shall be erected having a minimum height of six feet,
with openings not more than three inches by three inches along all
boundaries. The entire area, including all access roads, shall be
kept clean and in order.
(4)
Recycling facility. A recycling facility is a business
that accumulates material such as paper, glass, aluminum and/or plastic
that is no longer useful for its intended purpose. The materials are
then sold to another business as a raw material which can be used
to manufacture a new product. A recycling facility shall be subject
to the following:
(a)
Minimum lot size shall be three acres.
(b)
Minimum building setback: 100 feet.
(c)
Minimum parking setback: 100 feet.
(d)
Storage of recycled material shall:
(e)
No unseparated municipal solid waste or hazardous
waste shall be processed or stored on the property as part of this
use.
(f)
When this use is combined with another solid
waste management use the separation of the material shall be done
so that the recycling process will not interfere with the prompt disposal
of the municipal solid waste.
(g)
Operation of a recycling facility shall at all
times be in full compliance with the statutes of the Commonwealth
of Pennsylvania and the rules and regulations of the Pennsylvania
Department of Environmental Protection and the provisions of this
section. In the event that any of the provisions of this section are
less restrictive than any present or future rules or regulations of
the Pennsylvania Department of Environmental Protection, the more
restrictive Pennsylvania Department of Environmental Protection regulations
shall supersede and control.
(h)
A recycling facility shall be under the direction
at all times of a responsible individual who is qualified to operate
a recycling facility.
(i)
Access to the site shall be limited to those
posted times when an attendant is on duty. To protect against indiscriminate
and unauthorized dumping, every recycling facility shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations.
(j)
Unloading of recyclable materials shall be continuously
supervised by a facility operator.
(k)
Litter control shall be exercised to confine
blowing litter to the work area and a working plan for clean up of
litter shall be submitted to the municipality. To control blowing
paper, there shall be erected a fence having a minimum height of six
feet, with openings not more than three inches by three inches along
all boundaries. The entire area, including all access roads, shall
be kept clean and in order.
K.
Forestry.
(1)
Forestry/timber harvesting. The management of forests
and timberlands when practiced in accordance with accepted forestry
principles, through developing, cultivating, harvesting, transporting
and selling trees for commercial purposes, which does not involve
any land development. Clear-cutting or selective cutting of forest
or woodlands for development, building, subdivision, or any other
land use change is not forestry.
(a)
Purpose. In order to preserve forests and the
environmental and economic benefits they provide, it is Borough policy
to encourage the owners of forest land to continue to use their land
for forestry purposes, including the long-term production of timber,
recreation, wildlife and amenity values.
(b)
Applicability. A zoning permit shall be required
for all forestry/timber harvesting activities; however, an individual
property owner need not obtain a permit to cut a tree or trees as
part of normal home maintenance and upkeep, and the following activities
are specifically exempted:
[1]
Removal of diseased or dead tree.
[2]
Removal of trees which are in such a condition
or physical position as to constitute a danger to the structures or
occupants of properties or a public right-of-way.
[3]
Removal of up to five trees per acre of woodlands
per year, not to exceed a total of 10 trees per lot, or any combination
of adjoining lots in common ownership, which are 12 inches or more
in diameter, measured at breast height, and not covered by the exemptions
in the foregoing two subsections.
(c)
Forestry plan required.
[1]
Notification of commencement or completion.
For all forestry and timber harvesting operations that are expected
to exceed one acre or less, the landowner shall notify the Borough
at least 10 business days before the operation commences and within
five business days before the operation is complete. No timber harvesting
shall occur until the notice has been provided. Notification shall
be in writing and shall 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]
Forestry plan. Every landowner on whose land
timber harvesting is to occur shall prepare a written logging plan
in the form specified by this chapter. No timber harvesting shall
occur until the plan has been prepared. 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 Borough 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.
(d)
Contents of the forestry/logging plan.
[1]
Design, construction, maintenance of the access
system, including haul roads, skid roads, skid trails and landings.
[2]
Design, construction and maintenance of stream
and wetland crossings.
[3]
The general location of the proposed operation
in relation to municipal and state highways, including any accesses
to those highways.
[4]
Copies of all required permits shall be submitted.
[5]
Proof of current general liability and/or worker's
compensation insurance.
[6]
Proof of PennDOT Highway Occupancy permit or
Borough driveway permit for temporary access, as applicable.
[7]
Copy of Bucks County Conservation District "Letter
of Adequacy" for the proposed erosion control facilities, including
associated plans, reports and other permits as required.
[8]
Map showing 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.
[9]
Significant topographic features related to
potential environmental problems.
[10]
Location of all earth disturbance
activities such as roads, landings and water control measures and
structures.
[11]
Location of all crossings of streams
or waters of the commonwealth.
(e)
Compliance with all laws. The forestry/logging
plan shall address and comply with the requirements of all applicable
federal, state and Borough laws and regulations including, but not
limited to, the following:
[1]
Erosion and sedimentation control regulations
contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant
to the Clean Streams Law (35 P.S. § 691.1 et seq.);
[2]
Stream crossing and wetlands protection regulations
contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant
to the Dam Safety and Encroachments Act (32 P.S. § 693.1
et seq.); and
[3]
Stormwater management plans and regulations
issued pursuant to the Stormwater Management Act (32 P.S. § 680.1
et seq.)
[4]
Compliance with federal law/regulations. The
forestry/logging plan shall address and comply with the requirements
of all applicable federal laws and regulations including, but not
limited to, the best management practices (BMPs).
(f)
Forest practices. The following requirements
shall apply to all forestry/timber harvesting operations.
[1]
Felling or skidding on or across any public
thoroughfare is prohibited without the express written consent of
the Borough or the Pennsylvania Department of Transportation, whichever
is responsible for maintenance of the thoroughfare.
[2]
No forestry refuse shall be left on or within
25 feet of any public thoroughfare.
[3]
Litter resulting from a timber harvesting operation
shall be removed from the site before it is vacated by the operator.
[4]
Any soil, stones and/or debris carried onto
public roadways must be removed immediately.
[5]
No forestry/logging use shall be permitted within
areas with slopes of 15% or greater.
[6]
When the harvest is completed, both dirt roads
used by the trucks and skid roads used to drag the logs from the woods
to the loading area must be graded approximately to original contours,
and be seeded and mulched as necessary to establish stable groundcover.
[7]
A "no logging" buffer zone with a width of 25
feet shall be maintained along any street abutting or running through
a property on which the forestry/logging operation is to be conducted.
The buffer shall be measured from the ultimate right-of-way of a public
street and from the easement boundary of a private street. No trees
shall be cut, removed, skidded, or transported in a "no logging" buffer
zone except as necessary for access to site from the street.
[8]
A "no logging" buffer zone with a width of 50
feet shall be maintained along all properties abutting a property
on which the logging operation is to be conducted. The buffer shall
be measured from the property line. No trees shall be cut, removed,
skidded, or transported in a "no logging" buffer zone except as necessary
for access to site from a street.
[9]
A "no logging" riparian buffer zone with a width
of 50 feet shall be maintained along both sides of any watercourse
or canal that abuts or runs through a property on which the forestry,
logging, or timber harvest operation is to be conducted. The buffer
shall be measured from the high water mark of the watercourse or canal.
No trees shall be cut, removed, skidded, or transported in a "no logging"
riparian buffer zone.
(g)
Minimum lot area required for forestry/timber
harvesting: five acres.
(h)
Financial security shall be established in a
manner acceptable to the Borough to guarantee repay of all damage
that may occur to public streets due to the forestry/logging operations,
and to guarantee compliance with erosion and sedimentation control
plans, compliance with stormwater management plans and restoration
of the site upon completion of logging operations.
(i)
Enforcement.
[1]
Inspections. Any official or employee of the
Borough may go upon the site of any timber harvesting operation before,
during or after active logging to:
[2]
Violation notices; suspensions. Upon finding
that a forestry or timber harvesting operation is in violation of
any provisions of this chapter, the Borough shall issue the operator
and the landowner a written notice of violation describing each violation
and specifying a date by which corrective action must be taken. The
Borough may order the immediate suspension of any operation upon finding
that corrective action has not been taken by the date specified in
a notice of violation; the operation is proceeding without a logging
plan; or the operation is causing an environmental risk. Suspension
orders shall be in writing, shall be issued to the operator and the
landowner, and shall remain in effect until, as determined by the
Borough, the operation is brought into compliance with this chapter,
or other applicable statutes or regulations. The landowner or the
operator may appeal an order or decision of an official or employee
of the Borough in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.[9]
[9]
Editor's Note: See 53 P.S. § 10101
et seq.
