All permitted uses, conditional uses and uses
by special exception in all districts shall comply with the requirements
of this section. In order to determine whether a proposed use will
conform to the requirements of this chapter, the Board of Commissioners
or Zoning Hearing Board may require a qualified consultant to testify,
whose cost for services shall be borne by the applicant.
A.
Fire protection. Fire prevention and fire-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.
B.
Electrical disturbance. No activity shall cause electrical
disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise. No operation or activity shall cause or create
noise in excess of the sound levels prescribed below:
(1)
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.
(2)
Commercial/Washington Pike Overlay and planned economic
development 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.
(3)
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.
(4)
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.
(5)
The following uses or activities shall be exempted
from the noise regulations:
(6)
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.
D.
Vibrations. Vibrations detectable without instruments
on neighboring property in any zoning district shall be prohibited.
E.
Odors. No use shall emit odorous gas or other odorous
matter in such quantities as to be offensive at any point on or beyond
the lot lines. The guide for determining such quantities shall be
the fifty-percent response level of Table I (Odor Thresholds in Air),
"Research on Chemical Odors: Part I — Odor Thresholds for 53
Commercial Chemicals," October, 1968, Manufacturing Chemists Association,
Inc., Washington, D.C.
F.
Smoke, ash, dust, fumes, vapors and gases. There shall
be no emission at any point for longer than five minutes in any hour
of visible gray or other color smoke, ash, dust, fumes, vapors or
gases with a shade darker than No. 3 on the Standard Ringlemann Chart
issued by the U.S. Bureau of Mines; nor shall there be any emission
at any point from any source which can cause damage to health, to
animals or vegetation or other forms of property or which can cause
excessive soiling at any point.
G.
Glare. All lighting devices shall be designed with
shields, reflectors or refractor panels which direct and cut off light
at a cutoff angle that is less than 60°. (See illustration in
Appendix B.[1]) In no case shall there be spillover lighting on any adjacent
residential property in excess of 0.2 footcandle.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
H.
Erosion. No erosion by wind or water shall be permitted
which will carry objectionable substances onto neighboring properties.
I.
Water pollution. Water pollution shall be subject
to the standards established by the Pennsylvania Department of Environmental
Protection (PA DEP).
J.
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.
K.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported
violation of the performance standards and, subject to the approval
of the Board of Commissioners, 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 § 240-141 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 certificate of occupancy for the facility or use.
A.
Buffer areas described. Buffer areas, as defined by this chapter and required by § 240-98B, shall meet all of the following criteria. (See Appendix C for illustrations of buffer areas.)
(1)
Buffer Area A shall contain two rows of plantings.
Each row shall consist of a mixture of thirty-percent deciduous and
seventy-percent evergreen plantings spaced within the row a minimum
of 15 feet apart, measured from the vertical center lines of adjacent
trees. The two rows shall be staggered in a manner which shall result
in adjacent trees on two different rows being no more than 10 feet
apart, measured from the vertical center lines of the trees. The depth
of Buffer Area A shall be 35 feet as measured from the property line.
(2)
Buffer Area B shall contain one row of plantings which
shall consist of a mixture of thirty-percent deciduous and seventy-percent
evergreen spaced within the row a minimum of 10 feet apart, measured
from the vertical center lines of adjacent trees. The depth of Buffer
Area B shall be 25 feet as measured from the property line.
(3)
Buffer Area C shall be comprised of a continuous,
compact evergreen hedge or line of evergreen trees that will grow
together when mature and that are a minimum of six feet in height
at the time of planting. The depth of Buffer Area C shall be 15 feet
as measured from the property line.
(4)
None of the required plantings shall encroach across
any property line. All plantings shall be located so that, at maturity,
all parts of the tree shall be a minimum of 2 1/2 feet from any
public street right-of-way or any property line which constitutes
the exterior boundary of the buffer area.
(5)
In the event that existing vegetation and/or existing
topography provides screening which is adequate to meet the intent
of the required buffer area to screen the buildings, activities and
parking areas from adjoining residential properties, the Board of
Commissioners, upon recommendation by the Planning Commission, may
determine that the existing topography and/or vegetation constitutes
all or part of the required buffer area. If such a determination is
made, the applicant may be required to record a conservation easement
of the depth specified by the Board of Commissioners to guarantee
that the existing topography and/or vegetation will not be disturbed
or removed from the approved buffer area.
(6)
In the event that a public street right-of-way, dedicated
and accepted by the Township separates the two dissimilar uses specified,
the buffer area shall not be required.
(7)
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 240-99D of this chapter.
(8)
No structures or uses shall be permitted in the required
buffer area, other than fences, active or passive recreation facilities
and stormwater management facilities, provided the structures or uses
do not interfere with the required plantings in the buffer area and
provided all plantings are located outside any stormwater management
structure. Structures or uses not permitted within the required buffer
area include, but are not limited to, buildings, accessory structures,
parking spaces, access drives and lighting devices.
B.
Buffer areas required. Buffer Areas A, B and C listed in Subsection A above shall be required under the following circumstances:
(1)
Buffer Area A. Buffer Area A shall be required:
(a)
Along all property lines where any development
in the C-2, PED, I-P or I-1 District adjoins property in an R-1, R-2,
R-3 or R-4 District.
(b)
Where the express standards and criteria for a conditional use or use by special exception in § 240-95 of this chapter specify that Buffer Area A is required.
(c)
Along all property lines along the perimeter
of an open space design option adjoining property in an R-1, R-2,
R-3 or R-4 District and along the perimeter of an open space design
option fronting on an arterial or collector street.
(d)
Along all property lines where multifamily dwellings
adjoin property in an R-1, R-2, R-3 or R-4 District.
(2)
Buffer Area B.
(a)
Along all property lines where any development
in the Washington Pike Overlay or in the C-1 District or any proposed
nonresidential development in an R-4 District adjoins property in
an R-1, R-2, R-3 or R-4 District.
(b)
Where the express standards and criteria for a conditional use or use by special exception in § 240-95 of this chapter specify that Buffer Area B is required.
(c)
Along all side and rear property lines between
two lots in the PED District when the adjoining lots contain dissimilar
uses such as residential adjacent to nonresidential or commercial
adjacent to industrial or educational adjacent to residential, commercial
or industrial.
(3)
Buffer Area C.
(a)
Where the express standards and criteria for a conditional use or use by special exception in § 240-95 of this chapter specify that Buffer Area C is required.
(b)
Along all property lines along the perimeter
of an open space design option adjoining property in a C-1, C-2, PED,
WPO, I-1 or I-P District and along all property lines within an open
space design option separating single-family dwellings from two-family,
triplex, fourplex, townhouse or garden apartment dwellings in the
plan.
(c)
On developed nonresidential properties in the
Washington Pike Overlay or in the R-4, C-1 or C-2 District where existing
conditions such as building location and existing paving of the parking
lot make it impossible to meet the requirements for Buffer Area B
along a property line which adjoins property in the R-1, R-2 or R-3
District or an existing single-family dwelling in the R-4 District
or Washington Pike Overlay.
D.
Existing structures in buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure which encroaches on the required buffer area. The required buffer area, as determined by Subsection B, shall apply on all other sides of the existing structure.
E.
Existing trees in buffer areas.
(1)
Where trees already exist within the required buffer
area, these trees shall remain undisturbed, except that diseased or
dead material may be removed. If it is determined that some healthy
trees must be removed in conjunction with development, a written request
to remove such trees must be submitted to the Township, along with
an explanation detailing the rationale for the request. These trees
shall not be removed until the Township has given written authorization
permitting said removal. This permission will not be unreasonably
denied; however, those who violate this section shall be subject to
the maximum penalties authorized by this chapter.
(2)
When any trees, regardless of their physical condition,
are removed, they shall be replaced by trees suitable to the environment.
(See Appendix D for a suggested list of plant materials.[1]) All such replacement planting shall be in accordance
with accepted conservation practices.
[1]
Editor's Note: Appendix D is included at the end of this chapter.
F.
Size of trees in required buffer areas.
(1)
Any existing trees within the required buffer area
which are a minimum of four inches in diameter at a point one foot
above the ground shall be preserved and shall count as a required
tree within the buffer area. At no point, however, shall any existing
trees and required trees be separated at a distance greater than the
distance specified in the required buffer area.
(2)
All trees required to be planted within the buffer
area 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, which
tree shall be planted in accordance with accepted conservation practices.
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.
G.
Responsibility for maintenance. It shall be the responsibility
of the landowner or lessee 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.
H.
Stormwater management facilities in buffer areas.
Stormwater management facilities and structures may be maintained
within a buffer area, but the existence of such facilities or structures
shall not be a basis for a failure to meet the planting requirements.
I.
Landscaping of open areas. All yard areas not utilized
for parking facilities, driveways, gardens, the planting of trees
or shrubs, flower, vegetable or herb beds or similar uses 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 shall occur
by April 15.
J.
Additional landscaping specifications. Landscaping
shall be provided in accordance with the following specifications:
(1)
Planting required in buffer areas as outlined in § 240-98B shall not be substituted for any required planting mandated in this section.
(2)
A landscaping plan, with detailed drawings, shall
be submitted with the final application for approval of the land development
plan required by the Township Subdivision and Land Development Ordinance[2] and this landscaping plan shall contain and show the following
information:
(a)
All required buffer areas with proposed plantings
(identifying each proposed tree, bush or shrub) drawn to scale and
identifying the height and width of any proposed mounds.
(b)
All required planting independent of any buffer
area requirements (identifying each tree, bush, shrub, the use of
sod or seeding, etc.) drawn to scale.
(d)
Any existing trees or vegetation which are to
be preserved, accurately identifying their relative location.
(e)
Any existing trees or vegetation which will
be removed, accurately identifying their relative location.
(3)
Parking areas shall be landscaped in accordance with
the following requirements:
(a)
In the event that a parking area containing 20 or more spaces is not already separated from property in an R Residential Zoning District by a buffer area, then Buffer Area C, as defined by § 240-98A shall be provided along any property line where the parking area adjoins property in an R Residential Zoning District.
(b)
In parking areas containing 100 or more spaces,
one tree for every 20 parking spaces shall be provided within the
interior of the paved parking area. A minimum of 5% of the parking
area shall be landscaped and the required trees shall be located within
that landscaped area.
(c)
In a planned shopping center, the area in the
front yard between the street right-of-way and the parking area shall
be landscaped with an earthen mound that is a minimum of three feet
in height and a mix of landscaping materials from the list of suggested
plant materials in Appendix D[3], including ground cover, trees and shrubs. The location of these landscaping materials shall not obstruct visibility for traffic entering or leaving the site and shall comply with the clear sight triangle requirements of § 240-99D.
[3]
Editor's Note: Appendix D is included at the end of this chapter.
(4)
In any nonresidential development, deciduous trees
shall be planted in accordance with the following schedule. These
trees shall be in addition to the trees provided in any required buffer
area or parking area:
|
Building Footprint
(square feet)
|
Requirement
| |
|---|---|---|
|
1,000 - 30,000
|
1 tree for each 1,000 square feet of building
footprint
| |
|
30,001 - 75,000
|
A minimum of 30 trees plus 1 tree for each 3,000
square feet of building footprint in excess of 30,000 square feet.
| |
|
Over 75,000
|
A minimum of 45 trees plus 1 tree for each 5,000
square feet of building footprint over 75,000 square feet.
| |
|
The required trees shall be planted in clusters
on the site and shall be distributed throughout the site to enhance
the open space on the site. The final location of the plantings shall
be subject to approval by the Township depending on the size of the
site, the magnitude of the required buffer area and the amount of
paving and building coverage proposed.
| ||
(5)
In any development which contains multifamily dwellings,
deciduous trees shall be planted in accordance with the following
schedule. These trees shall be in addition to the trees provided in
any required Buffer Area or parking area:
|
Number of Dwellings
|
Required Trees
| |
|---|---|---|
|
First 25 dwelling units
|
1 tree for each dwelling unit
| |
|
26 - 100 dwelling units
|
25 trees plus 1 tree for each 2 dwellings unit
in excess of 25 dwelling units
| |
|
101 - 200 dwelling units
|
62 trees plus 1 tree for each 3 dwelling units
in excess of 100 dwelling units
| |
|
201 + dwelling units
|
95 trees plus 1 tree for each 4 dwelling units
in excess of 200 dwelling units
| |
|
The required trees shall be planted as front
yard trees or may be clustered in groups around the dwelling units
and shall not be located within any public street right-of-way.
| ||
(6)
All trees which are required to be planted as per the regulations of this Subsection J 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 the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
(7)
In conjunction with the development of property for
any use, the applicant shall show that the removal of any trees or
natural vegetation is necessary for the imminent and orderly development
of the property. Imminent development shall be considered to be development
which is reasonably expected to commence, and for which there are
realistic plans to commence, on a minimum eight-hours-per-day, forty-hours-per-week
basis (utilizing a five-day-on, two-day-off, standard workweek basis)
within 30 days of the removal of trees or vegetation and for which
a land development plan and landscaping plan have been submitted and
approved by the Township.
(8)
Any existing trees which are not disturbed and are
not located within a required buffer area and are a minimum of four
inches in diameter at a point one foot above the ground shall count
towards the required number of trees to be planted outside of the
buffer area.
(9)
Following the completion of construction in any zoning
district, all yard areas, including those on single-family lots, not
utilized for structures, driveways, planting strips or parking facilities
shall be seeded, sodded or landscaped within a reasonable period of
time. The phrase "reasonable period of time" shall be interpreted
to be within two weeks after construction activities are completed,
unless those activities are completed between November 1 through April
1 time period. In such cases, the required seeding or sodding shall
occur by April 15.
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
18 months from the date of installation of the landscaping materials.
The maintenance bond shall guarantee replacement of the required landscaping
materials during the term of the bond.
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. On through lots, a front yard shall be provided along
the street frontage on which the principal structure faces; the yard
along the opposite street frontage shall be a rear yard; all other
yards shall be side yards.
C.
Accessory structures. In all zoning districts the
following regulations shall apply to accessory structures:
(1)
Private swimming pools, hot tubs or saunas accessory
to a dwelling.
(a)
Swimming pools, hot tubs or saunas accessory
to a dwelling shall be located at least 10 feet from any property
line. Swimming pools shall not be permitted in the front yard.
(b)
All newly constructed swimming pools shall be fenced and secured in accordance with the requirements of the International Code Conference (ICC) Building Code. All existing swimming pools and hot tubs shall be maintained in accordance with Chapter 195 of the Code of the Township.
(c)
All hot tubs shall be covered and the cover
shall be locked when the hot tub is not in use. All saunas shall be
locked when not in use.
(d)
For aboveground pools, the Zoning Officer may
require a topographic plan to determine compliance with the fencing
requirements around the entire perimeter of the pool if there are
differences in elevation above the adjacent ground level at various
points around the perimeter of the pool.
(e)
All private swimming pools, hot tubs and saunas
accessory to a dwelling may be subject to annual inspection to determine
continuing compliance with these requirements.
(2)
Private sports courts accessory to a dwelling. Sports
courts accessory to a dwelling shall be located only in a side or
rear yard and shall be no closer to the side or rear property line
than 20 feet. Lighting of the sports court shall not be permitted.
All sports 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. The area of the sports court shall not exceed 50% of the
total area of the rear yard.
(3)
Fences and walls.
(a)
Fences on farms, as defined herein, shall be
exempt from the requirements to obtain a permit and shall not be subject
to any limitations on type, location or height.
(b)
In R Residential Zoning Districts, fences and
walls no greater than six feet in height shall be permitted in the
required rear or side yards, provided they are located at least one
foot off the property lines.
(c)
In R Residential Zoning Districts, fences and
walls which contain openings equal to at least 75% of the surface
area of the fence and which are not more than four feet in height
shall be permitted in the required front yard, provided they are decorative
and do not enclose the entire front yard.
(d)
In R Residential Zoning Districts, fences shall
be located at least one foot from any property line and the finished
side of the fence shall face the adjoining property.
(e)
In the Washington Pike Overlay and in the C-1
and C-2, Commercial and PED, Planned Economic Development Districts,
the maximum height of a fence or wall shall be eight feet.
(f)
In the I-P and I-1, Industrial Districts, the
maximum height of a fence or wall shall be 10 feet.
(4)
Fences, walls and buffer areas. All walls, fences and buffer areas or landscaping material shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties and shall comply with the clear sight triangle required by § 240-99D.
(5)
Satellite dish antennas. Satellite dish antennas,
for personal use by private citizens, not including communications
antennas, as defined by this chapter, shall be permitted as an accessory
use subject to the following requirements:
(a)
Satellite dish antennas that have a diameter
of one meter or less shall be exempt from these regulations.
(b)
In the case of satellite dish antennas greater
than one meter in diameter, only one satellite dish antenna shall
be permitted on a residential lot. In all zoning districts, satellite
dish antennas shall not be permitted in front yards. In R Residential
Zoning Districts, the maximum diameter of any satellite dish antenna
installed on any lot or on any roof or above any building shall be
12 feet.
(c)
In zoning districts other than R Residential
Zoning Districts, the maximum diameter of any satellite dish antenna
installed on any lot or on any roof or above any building shall not
exceed 20 feet.
(d)
In all zoning districts, the maximum height
of any freestanding satellite dish antenna shall be 20 feet.
(e)
In all zoning districts, no part of any satellite
dish antenna shall be located closer than 10 feet to any property
line.
(6)
Radio or television antennas. A radio or television
antenna for personal use by private citizens shall be permitted as
an accessory use, subject to the following requirements, except as
these provisions may be superceded by any applicable Federal Communications
Commission (FCC) ruling:
(a)
A radio or television antenna structure may
be mounted on a roof or installed in a rear yard only, provided that
no such structure shall be located within 20 feet of any property
line.
(b)
The maximum height for such structure shall
not exceed that otherwise allowed in the zoning district in which
it is located by more than 20 feet. If placed on a roof, any antenna
exceeding eight feet shall be mounted with guide wires.
(c)
Any such structure shall comply with applicable
airport zoning and Federal Communications Commission regulations.
(d)
Radio or television antenna structures located
on the ground shall be screened from adjacent properties by evergreen
trees or other suitable material, as approved by the Township.
(7)
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-1 and C-2 Commercial 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.
(9)
Residential accessory storage structures and detached
garages.
[Amended 2-16-2009 by Ord. No. 1-2009]
(a)
Location of detached garage or storage structure.
[1]
R1, R2 and R3 Districts. No detached garage
or storage structure accessory to a dwelling shall be located in the
minimum required front yard. Detached garages and storage structures
accessory to a dwelling shall be located at least 10 feet from any
side or rear property line if the floor area of the structure is 900
square feet or less. If the floor area of the structure is more than
900 square feet, the structure shall be located at least 15 feet from
any side or rear yard.
[2]
R4 District. No detached garage or storage structure
accessory to a dwelling shall be located in the minimum required front
yard. Detached garages and storage structures accessory to a dwelling
shall be located at least five feet from any side or rear property
line, regardless of the floor area.
(b)
In the R-1, R-2, R-3 and R-4 Districts, the
maximum floor area of any detached garage or residential accessory
storage structure shall be related to the size of the residential
lot, in accordance with the following:
|
Size of Lot
(square feet)
|
Maximum Floor Area of
All Accessory Structures
(total square feet)
| |
|---|---|---|
|
Up to 20,000
|
900
| |
|
20,001 to 40,000
|
1,000
| |
|
40,001 to 5 acres
|
1,200
| |
|
Over 5 acres
|
Unlimited
|
|
The sum of all principal and accessory structures
on the lot shall not exceed the maximum allowable lot coverage for
the district in which the lot is located.
| ||
(10)
Structures accessory to nonresidential structures
and buildings.
(b)
Structures accessory to nonresidential buildings
or structures shall not be located within any required buffer area.
(c)
Where a buffer area is not required, all structures
accessory to nonresidential buildings or structures shall be located
at least 10 feet from the rear property line and at least 20 feet
from the side property lines.
(11)
Distance from principal building. All accessory
storage structures and garages shall be located at least 10 feet from
any principal building, except that a detached garage accessory to
a dwelling may be connected to the dwelling by contiguous side walls,
breezeways or similar connections and the distance between the dwelling
and the connected garage may be less than 10 feet.
D.
Visibility at intersections. No object, including
without limitation fences, landscaping rocks, hedges, trees and other
plantings, buildings, structures, walls, signs and motor vehicles,
exceeding a height of three feet as measured from the lowest elevation
of the center line of any abutting street shall be temporarily or
permanently placed, erected, installed or parked within the clear
sight triangle required at the intersection of two streets or the
intersection of a nonresidential driveway with a public street. The
required clear sight triangle is illustrated in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
The following shall be permitted to project
into any required yard in any Zoning District:
A.
Typical architectural features, including but not
limited to bay windows, window sills, chimneys, cornices and eaves,
shall be permitted to project into required yards no more than 18
inches.
B.
Decks and their stairs, stoops and unenclosed porches
without enclosed habitable foundation and without a roof shall be
permitted to project into required front and side yards no more than
three feet and shall be no closer to the rear property line than 20
feet. Porches that have a roof or that are enclosed or have enclosed
habitable foundations shall be subject to the yard requirements for
the principal structure.
C.
Steps attached to the principal building and open
fire escapes shall be permitted to project into required yards no
more than three feet.
The height limitations of this chapter shall
not apply to the following structures: church spires, chimneys, elevator
bulkheads 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 which do not exceed the height limitations
of the zoning district by more than 15 feet.
All businesses which propose drive-through facilities,
as defined by this chapter, as accessory uses or principal uses shall
meet all of the following requirements:
A.
Drive-through facilities proposed on parcels within
a planned shopping center shall have access only from the interior
circulation system within the planned shopping center site. All other
properties shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
B.
In addition to the parking spaces required for the
principal use, a minimum of five standing spaces in one lane, with
a total length of 100 feet in direct line with each window or stall,
shall be provided for vehicles to wait in line. The standing space
shall not interfere with the use of any required parking spaces and
shall not inhibit the free flow of traffic on the property. The standing
spaces shall be designed so that waiting vehicles shall not stand
in any right-of-way or overflow onto adjacent properties, streets
or berms.
C.
Entrances, exits and standing spaces shall be adequately
indicated with pavement markings and/or directional signs.
D.
Parking areas and circulation patterns shall be adequately
striped and marked to facilitate traffic circulation on the property.
In the R-1 and R-2 Districts, agricultural activities,
including greenhouses, stables and animal husbandry, where authorized
by this chapter, shall be subject to the following requirements:
A.
Storage of manure, odor- or dust-producing substances
shall be located at least 200 feet from any property line.
B.
Any building used for the keeping, raising or feeding
of livestock and poultry shall be located at least 200 feet from any
street line and from any adjacent landowner's well or dwelling and
not less than 100 feet from the landowner's well or property line.
C.
Animal shelters shall be located no closer than 200
feet to any property line.
D.
Commercial greenhouse heating plants shall be at least
100 feet from any property line. The retail sales area for a greenhouse
shall not exceed 1,200 square feet. The growing area shall not be
considered sales area.
E.
The minimum lot area for a private stable shall be
five acres. On properties that are 10 acres or less, the minimum lot
area required for each horse or pony shall be one acre per animal.
For farms over 10 acres, there shall be no minimum lot area per horse.
F.
No stable shall be located within 200 feet of any
property line or occupied dwelling, other than the stable owner's
dwelling.
G.
All grazing and pasture areas shall be adequately
fenced.
H.
Agricultural sales shall only be permitted when authorized by the Zoning Hearing Board as a use by special exception in accordance with the express standards and criteria of § 240-95A(48).
I.
Seasonal activities such as hay rides, spring and fall festivals and similar activities related to the farm shall be subject to all applicable requirements of § 240-95A(42) for retail establishments, provided adequate parking is provided in a temporary parking area based on the ratio specified in § 240-112C for "all other uses."
A.
Outdoor storage in commercial and industrial districts.
(1)
Storage and display of materials outside a completely
enclosed structure shall not be permitted, except for nurseries, garden
supply, building supply, custom crafting and similar businesses which
require outside storage of products offered for sale. In the case
of nurseries, garden supply, building supply, custom crafting 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.
(2)
In the I-P and I-1 Districts, 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 or adjacent residential property
located at similar elevations within 500 feet of the property. If
existing buildings do not screen the storage area from public view
from the street or adjacent residential property located at similar
elevations within 500 feet of the property, the area shall be screened
by a hedge or opaque fence at least six feet in height.
B.
Refuse collection and waste disposal. All organic
rubbish and discarded materials shall be placed in tight verminproof
containers on the property and shall be secured in side or rear yards
screened from public view by means of a solid-face fence or wall at
least six feet in height. Containers shall be emptied not less frequently
than once a week. On properties where food is served in paper containers,
covered waste receptacles shall be conspicuously located on the premises
for use by patrons. The management shall be responsible for maintaining
the property free of litter.
C.
Storage of recreational vehicles.
(1)
The parking or storage of recreational vehicles
shall not be permitted in any front yard in any R Residential Zoning
District. Recreational vehicles with a current license or registration
and valid inspection sticker may be parked or stored in the side or
rear yard of property in any R Residential Zoning District from Memorial
Day to Labor Day. Permanent parking or storage of recreational vehicles
on property in any R Residential Zoning District for periods prior
to Memorial Day or after Labor Day shall not be permitted.
[Amended 2-8-2023 by Ord. No. 1-2023]
(2)
At no time shall any parked or stored recreational
vehicle be occupied or used as a dwelling.
D.
Parking of commercial vehicles and equipment. Commercial
vehicles and equipment, including trucks in excess of one-ton capacity,
tandems, tractor-trailers, tractors or other commercial or construction
or cargo-moving vehicles or equipment, shall not, under any conditions,
be stored outside a completely enclosed building or parked outside
overnight between the hours of 10:00 p.m. and 7:00 a.m. in any R Residential
District, other than on construction sites for an approved subdivision,
on sites for which a valid grading, zoning or building permit is in
effect, or on farms which are being used for agriculture, as defined
by this chapter.
E.
Equipment storage yards in the I-1 District. No repair of vehicles shall be permitted outside a completely enclosed building. All operations shall comply with the performance standards of § 240-97 of this chapter. If the site is located within 500 feet of an existing dwelling, engines shall not be started or kept running before 6:30 a.m. or after 8:00 p.m.
Forestry, as defined herein, shall be conducted
in accordance with the following provisions:
A.
All operations shall be located at least 300 feet
from any existing dwelling.
B.
All operations shall be discontinued between 7:00
p.m. and 7:00 a.m. provided further that such operations shall not
take place during any hours on Sundays or legal bank holidays.
C.
Routes to be used by the hauling trucks shall be approved
by the Township and the operator shall demonstrate that there shall
be no negative impact on Township roads from the proposed operation.
D.
A performance bond shall be posted in favor of and
in the amount required by the Township to guarantee restoration of
Township roads used as hauling routes.
E.
The operator shall be responsible for cleaning dirt
and debris from public streets daily during the operation.
F.
The applicant shall submit a copy of the state and/or
county permit for hauling on state and/or county roads.
G.
The applicant shall supply the Township with the name
of an on-site contact person.
H.
The applicant shall show compliance with the following
laws and regulations of the commonwealth, and all necessary permits
shall be maintained during the operation.
I.
A logging plan prepared and sealed by a registered
surveyor shall be submitted, which shows, at a minimum:
(1)
The design, construction, maintenance and retirement
of the access system, including haul roads, skid roads, skid trails
and landings;
(2)
The design, construction and maintenance of
water-control measures and structures such as culverts, broad-based
dips, filter strips and water bars;
(3)
The design, construction and maintenance of
stream and wetland crossings, if any;
(4)
The general boundaries of the proposed operation
in relation to Township and state or county roads, including any accesses
to those roads;
(5)
The site location, including boundaries of the
property and boundaries of the proposed harvest area;
(6)
Significant topographic features;
(7)
The location of all earth-disturbance activities,
such as roads, landings and water-control measures and structures;
(8)
The location of all crossings of waters of the
commonwealth.
J.
Felling or skidding on or across any public street
is prohibited without the express written consent of the Township,
Allegheny County or the Pennsylvania Department of Transportation
(PennDOT), whichever is responsible for maintenance of the street.
K.
No tops of trees or debris shall be left within 25
feet of any public street or any private road providing access to
adjoining residential property.
L.
All tops of trees and debris within 50 feet of a public
street or residential property line shall be cut to a maximum of four
feet above the adjacent ground level.
M.
No tops of trees or debris shall be left on any adjoining
property or across any property line without the consent of the adjoining
owner.
N.
Upon completion of the forestry operation, haul roads
shall be restored to their original condition.
No-impact home-based businesses, as defined
herein, shall comply with the following:
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 of 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.
No on-site parking of commercially identified vehicles
shall be permitted.
F.
The business activity shall 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 the neighborhood.
G.
The business activity shall not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
H.
The business activity shall be conducted only within
the dwelling and shall not occupy more than 25% of the habitable floor
area of the dwelling.
I.
The business shall not involve any illegal activity.
No gas well shall be located within 300 feet
of a dwelling, nor shall any dwelling be located within 300 feet of
a gas well.
No fence or other temporary or permanent accessory
or principal structure shall be constructed in any utility easement,
easement for access or public or private street right-of-way.
A.
Garage sales, yard sales, estate sales or household
sales may be conducted on the premises of a residential dwelling by
the owner or tenant in any R Residential Zoning District, provided
all of the following criteria are met:
(1)
The duration of any sale shall not exceed three
consecutive days.
(2)
Sales shall not be held more than four times
during any calendar year.
(3)
Items to be sold shall be restricted to the
personal property of the owner or tenant of the premises and shall
not include any items taken on consignment or acquired off the premises
for the sole purpose of resale.
(4)
There shall be no display of items available
for sale on any sidewalk or within any public street right-of-way.
(5)
Items displayed for sale shall not be in public
view for more than 24 hours prior to and/or following the designated
sale period.
B.
Temporary sale of motor vehicles may be conducted
on the premises of a residential dwelling by the owner or tenant in
any R Residential Zoning District, provided all of the following criteria
are met:
(1)
No more than one motor vehicle shall be displayed
for sale at any time.
(2)
No more than three motor vehicles shall be offered
for sale during any calendar year.
(3)
Advertising information, including "for sale"
signs, descriptions, contact references and price shall not exceed
a cumulative total of four square feet in surface area.
(4)
No illumination of the motor vehicle or advertising
information shall be permitted.
(5)
No display of motor vehicles shall be permitted
on any sidewalk or in any public street right-of-way.
(6)
The owner or tenant of the premises shall not
be licensed by the commonwealth to sell motor vehicles, nor shall
the owner or tenant offer any motor vehicle for sale on his or her
premises on behalf of any person holding such license.
[Added 3-19-2007 by Ord. No. 4-2007]
A.
Master plan parcels shall be planned as integral areas
and controlled by a master plan for the entire parcel. The master
plan shall be adopted before subdivision of the parcel or resale of
any portions of the parcel. The master plan shall be designed and
reviewed according to the provisions of the Township's Subdivision
and Land Development Regulations.[1] Development of the parcel shall not proceed without approval
of the master plan by the Planning Commission and the Board of Commissioners.
B.
Individual development sites within an approved master
plan. Within a development plan, there may be individual development
sites that consist of a single building or cluster of buildings. Such
sites may be developed individually after subdivision of the parcel
or as part of a comprehensive development of the entire parcel. Both
subdivision and development of such sites must conform to the adopted
master plan for the parcel and the standards contained in both the
Zoning Ordinance and the Subdivision and Land Development Regulations.
C.
The application for conditional use approval shall
include an illustrative site plan for the entire development site
indicating the location of the following components (if applicable):
1) business park; 2) open space design option; 3) golf course; 4)
retirement community; and 5) open space. The illustrative site plan
shall also indicate the availability of utilities and layout of streets
and proposed lots within each component; however, the illustrative
site plan shall not be required to meet the standards prescribed by
the Subdivision and Land Development Ordinance for an application
for preliminary approval, provided there is a sufficient basis to
evaluate the feasibility of the proposed development, the interrelationship
among the components and the potential traffic and environmental impacts
of the proposed development.
D.
Once conditional use approval is granted to the park
master plan, an application for preliminary and final approval of
a major subdivision shall be submitted in accordance with the Township
Subdivision and Land Development Ordinance to record the lots shown
in the illustrative site plan in one or more phases.
E.
Once conditional use approval is granted to the layout
of streets, lots and planned development components in the business
park, the permitted principal and accessory uses authorized within
the approved planned development components may be established on
the recorded lots within the approved business park subject only to
land development plan approval as required by the Township Subdivision
and Land Development Ordinance.
(1)
Any substantive change in the layout of streets,
lots or planned development components within an approved planned
business park shall be subject to submission of a revised conditional
use application and conditional use approval of the revised planned
business park.
F.
After conditional use approval of the illustrative site plan that includes an open space design option component, the open space design option shall be subject to the development standards and approval procedure specified in Article XIV.
G.
The application for conditional use approval shall
include a traffic impact study prepared in accordance with the requirements
of Township Ordinance No. 4 of 2001, as now or hereafter amended. [2]
(1)
The Board of Commissioners shall determine whether
the design of the proposed major street network shall provide safe
and efficient flow of traffic through the site, prevent congestion,
accommodate peak traffic demands without hazard or great delay and
provide accessibility for emergency vehicles.
H.
The illustrative site plan shall be accompanied by
evidence that the site can be serviced by public water and sewer systems.
I.
Where two or more planned development components are
proposed in a planned business park, the applicant shall demonstrate
that adjacent uses are compatible and that appropriate landscaped
areas and other buffers, including earthen mounding, differences in
elevation, distances between dissimilar uses or intervening common
open spaces, have been provided.
(1)
The applicant shall demonstrate that the proposed
planned development components are compatible with adjacent land uses
outside the planned business park site.
J.
Nonresidential uses within a business park site shall
maintain a perimeter setback of 200 feet from any adjacent R Residential
Zoning District.
(1)
Buffer area A, as defined by § 240-98A, shall be provided in the perimeter setback wherever buildings or parking areas adjoin residential use or R Residential Zoning District classification. The buffer area shall be installed for a distance along the property line that is equivalent to the length of the building or parking area it is intended to buffer plus an additional 100 lineal feet beyond the building or parking area in both directions.
K.
A minimum of 35% of the gross site area shall be reserved
and maintained as public or private open space.
L.
Specific design guidelines for a business park master
plan.
(1)
Site development shall provide visual protection
around the entire perimeter of the proposed development.
(a)
Buffer area A, as defined in § 240-98A of this chapter, shall be provided along all property lines on the perimeter of a business park plan adjoining an R-1, R-2, R-3 or R-4 District.
(b)
Buffer area C, as defined in § 240-98A of this chapter, shall be provided along all other property lines on the perimeter of a business park plan.
(2)
Under the business park plan, no minimum lot
area is prescribed; rather, the following lot area and yard regulations
shall apply to any principal structure or any other building; at the
time of conditional use application, the applicant shall indicate
for each permitted use, including potential accessory uses, the limits
of the building envelope within which compliance with these provisions
is feasible:
(3)
Minimum separation between buildings, except
accessory buildings, at any point shall not be less than the following.
Minimum setbacks shall be established using the table below.
|
Minimum Setbacks Considering Building
Height
| ||||||
|---|---|---|---|---|---|---|
|
1-Story
(feet)
|
2-Story
(feet)
|
3-Story
(feet)
|
4-Story
(feet)
|
5-Story
(feet)
|
6-Story
(feet)
| |
|
Side-Side
|
25
|
35
|
45
|
55
|
65
|
75
|
|
Side-Front
|
50
|
55
|
60
|
65
|
70
|
75
|
|
Side-Rear
|
50
|
55
|
60
|
65
|
70
|
75
|
|
Front-Front
|
65
|
70
|
75
|
80
|
85
|
90
|
|
Front-Rear
|
85
|
95
|
100
|
105
|
110
|
120
|
|
Rear-Rear
|
85
|
95
|
100
|
105
|
110
|
120
|
(4)
Architectural design. It is not the intention
of the Township to govern specific architectural design nor to link
conditional use approval to any specific architectural design criteria.
(a)
Applicant shall provide drawings illustrating
the general character of the intended exterior design of all structures
other than single-family detached dwellings to be built on lands developed
in accordance with this article.
(b)
Where the Commissioners determine that architectural
design as presented by the applicant is an essential means by which
the proposed development complies with the objectives of this article,
the Commissioners may require, as a condition of approval, establishment
of appropriate means to guarantee general adherence to the intended
architectural character.
(c)
All utilities shall be placed underground (except
for existing major transmission lines). Public lighting shall be included
in all business park planning and shall be color-balanced lighting,
such lighting as provided by metal halide lamps. Light levels should
provide for safety and security, should be enhance the building and
site design, and should not create glare for neighboring properties
or streets. The number, location and appearance of light fixtures
should be compatible with building design.
(d)
Internal relationships between individual units
of the planned business park development shall be designed so as to
provide a well-landscaped harmonious development, with compatible
materials, building elements, and signage throughout the development.
(e)
Sidewalks shall be installed to promote pedestrian
access to common areas, parking areas, commercial areas. The application
shall submit a sidewalk plan along with the master plan during conditional
use application.
(f)
The site plan shall be designed to minimize
points of access to the public street. Shared driveways shall be utilized
where feasible and cross-easements shall be dedicated for common access,
where necessary.
(g)
Site lighting, if proposed, shall be designed
with cutoff luminaries with a maximum cutoff angle of 60º. (See
illustration in Appendix B.[3]) The maximum illumination at any property line adjoining
property in any R Residential Zoning District shall be 0.2 footcandle.
[3]
Editor's Note: Appendix B is included at the end of this chapter.
