A.
Fences, walls and hedges.
(1)
No fence, wall or hedge shall be constructed within
the right-of-way of any public street.
(2)
No fence, wall or hedge shall be constructed within the clear sight triangle required by Subsection A(3) below.
(3)
Fences, walls, hedges and landscaped buffer strips
shall not obstruct the view of or the view from a public or private
driveway. Compliance with any one of the following points shall be
deemed sufficient for the requirement of this subsection.[1]
(a)
The portion of such fence, wall or hedge between
the street right-of-way and a line upon the property 10 feet from
and parallel to such right-of-way line shall not be higher than 36
inches above the surface of the driveway, except as may be permitted
below.
(b)
Between the street right-of-way line and a line
upon the property 10 feet from and parallel to such right-of-way line,
a fence may be permitted at the discretion of the Township Engineer
if, in his opinion, the design of the fence is sufficiently open to
present no significant obstruction to visibility. Such fences may
include cyclone-type wire-mesh fences and decorative post-and-rail
fences.
B.
Erection of more than one principal structure on a
lot. No more than one principal use or building shall be allowed on
a lot or parcel in a residential district without subdivision unless
allowed specifically by the applicable zoning district.
C.
Buildings to have access. Every building hereafter
erected or moved shall be on a lot adjacent to a public street or
with an access to a public street approved by the Board of Supervisors.
Every building shall be located on its lot so as to provide safe access
for servicing and maintenance, for fire protection and to off-street
parking areas.
D.
Application of regulations to corner lots.
(1)
Any yard abutting a street line is hereby deemed a
front yard for purposes of applying minimum yard requirements in all
districts.
(2)
All lot lines coincident with a street right-of-way
line (or street center line, as may be applicable) are deemed front
lot lines. All other lot lines are deemed side lot lines.
(3)
Lot width shall be measured from the point of intersection
of the front yard lines to the nearest side lot line. The minimum
lot width requirement for the applicable zoning district shall be
satisfied at each front yard line individually.
(4)
Where one street abutting a corner lot is clearly
more important than the other street, such corner lot shall have access
to the lesser street. This requirement may be waived where there is
a preexisting access to the major street or where providing access
via the lesser street will result in disturbance of steep slopes,
a stream corridor or wetlands, where such disturbance can be avoided
only by providing access via the major street.
E.
Lot area and lot width for lots not served by public water supply or sanitary sewerage. Where a lot is not served by public or community water supply or where a lot is not served by public or community sanitary sewerage, Chapter 107, Subdivision and Land Development, other local ordinances or state statutes may require or imply a larger lot area and/or a greater lot width in order to assure safe separation distances between on-site sewage disposal systems and drinking water supply. Where such is the case, such larger area and/or greater width shall apply in lieu of the otherwise applicable district regulations.
F.
Exceptions to height limit.
(1)
No exceptions shall be made in the Q Quarry District.
(2)
No exceptions shall be made in the Airport Overlay
District.
(3)
The height limits contained in other district regulations
of this chapter shall not apply to spires, belfries, cupolas, silos,
antennas, water tanks, ventilators, chimneys or other appurtenances
typically located above roof level and not intended for human occupancy.
G.
Interpretation of lot width. The minimum lot width
specified for each district shall be required at the front yard line.
This same width shall also be required at the street line, with the
following exceptions:
(1)
Where a lot has frontage on a curved portion of street
or along the turnaround portion of a cul-de-sac and where the side
lot lines of such lot are radial to the street line between the street
line and the front yard line, the lot width may taper to less than
the specified minimum as measured at the street line. In no case shall
the distance between the side lot lines be less than 50 feet at the
street line.
A.
Accessory structures.
[Amended 9-28-2000 by Ord. No. 2000-5]
(1)
Except as may be otherwise specifically permitted
by this article, no accessory structures shall be erected in any required
front or side yard, within eight feet of a rear lot line or within
the area of any utility easement. No detached accessory structure
shall be erected within five feet of any other structure.
(2)
An accessory structure shall be constructed for a
specific use, incidental to the principal structure. This accessory
structure can be built on site, or manufactured elsewhere. Accessory
structures shall not include recycled truck bodies, gutted mobile
homes, used fuel tanks, or other objects or structures which were
manufactured for another purpose. This section shall apply in all
zoning districts.
B.
Except for permitted home occupations, nonresidential
uses shall not be permitted as accessory uses in residential districts.
C.
Home occupations.
(1)
A dwelling unit or accessory structure on a residential lot having direct access to a public street may be used for the practice of a home occupation, provided that such occupation is clearly incidental or secondary to the residential function of the property and further provided that such use of the dwelling does not change the character thereof or have any exterior evidence of such accessory use other than a small sign as permitted by § 131-78A of this chapter.
(2)
Permitted home occupations shall be as follows:
(a)
Professional office or studio of a doctor, dentist,
healer, teacher, architect, landscape architect, musician, lawyer,
engineer or profession of a similar character.
(b)
Custom dressmaking, millinery, tailoring, sewing
of fabric for custom apparel or custom home furnishings.
(c)
Artist's or artisan's studio in which are created
only individual works of art.
(d)
Barbershop or beauty salon.
(f)
Foster family care.
(3)
Standards for home occupations.
(a)
Employees of a home occupation shall be limited
to the residents of the dwelling within which the occupation is conducted
and one nonresident.
(b)
Two off-street parking spaces, in addition to
those required for the dwelling, shall, as a minimum, be provided
for each home occupation. Where the home occupation occupies more
than 1,000 square feet within the dwelling, one parking space in addition
to the minimum required shall be provided for each 500 square feet
of floor space over 1,000 used for the home occupation.
(4)
Home occupations may be conducted within a building
separate from, but on the same lot as, the principal dwelling. The
floor area of such separate structure shall not exceed 25% of the
floor area of the principal dwelling.
(5)
All aspects of a home occupation, except parking,
shall be conducted within a completely enclosed structure or within
a completely fenced area.
(6)
Not more than one home occupation shall be permitted
on any residential lot.
D.
Swimming pools.
(1)
Private, noncommercial, permanently installed swimming pools, as defined in Article II, shall not be located within a front yard.
(2)
Swimming pools shall not be located within five feet
of any lot line.
(3)
Swimming pools may encroach upon the required side
yard and/or the required rear yard, provided that the extent of such
encroachment does not exceed 25% of the required yard setback for
the applicable district.
(4)
Swimming pools shall be sited such that any loss of
water resulting from the accidental or intentional destruction of
a swimming pool or from any other type of leakage shall, insofar as
possible, be retained upon the originating tract.
(5)
Swimming pools shall be completely enclosed with a
permanent fence having a minimum height of 48 inches. Aboveground
swimming pools having an outside wall not less than 48 inches high
above the surrounding ground at all points around its perimeter need
not be fenced, provided that the ladder or stairs providing access
to the swimming pool can be retracted or otherwise rendered unusable
to hinder unauthorized access to the swimming pool.
E.
Utility sheds. A maximum of two utility sheds, each
with a maximum of 200 square feet in floor area, whether permanently
attached or not permanently attached, may be located on a property,
provided that the shed is set back a minimum of 10 feet from any rear
or side yard boundary line.
[Added 8-25-1994 by Ord. No. 1994-10]
F.
No-impact home-based businesses.
[Added 3-27-2003 by Ord. No. 2003-3]
(1)
A business or commercial activity administered or
conducted as an accessory use to 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.
(2)
The business or commercial activity must satisfy the
following requirements:
(a)
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other
than family members residing in the dwelling.
(c)
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment
or process, which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference with radio or television reception,
which is detectable in the neighborhood.
(f)
The business 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 business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
(h)
The business may not involve any illegal activity.
G.
Alternative energy systems.
[Added 8-26-2010 by Ord. No. 2010-01]
(1)
Purpose. The purpose of this Subsection G is to provide for the safe and orderly location and construction of alternative energy systems in the Township of Washington. For purposes of this subsection, alternative energy systems shall include: solar energy systems and wind energy systems.
(2)
Applicable zoning districts. Alternative energy systems shall be permitted as an accessory use within all zoning districts of the Township, subject to the regulations and conditions contained within this Subsection G.
(3)
General conditions applicable to all alternative energy systems.
(a)
Compliance with other regulations. All alternative energy systems
shall comply with all applicable federal, state, and Township statutes,
regulations, and ordinances, including but not limited to construction
and electrical codes and the National Electrical Code. Prior to the
issuance of a building and/or zoning permit for installation of an
alternative energy system, the applicant must submit to the Township
all documentation required by the Township Building Code Official
to verify that the design of the device complies with the Pennsylvania
Uniform Construction Code, including but not limited to documentation
of the structural integrity of the structure(s) and electrical design.
Design information must be certified by a licensed professional engineer
in the Commonwealth of Pennsylvania.
(b)
Noise. The noise standards for alternative energy systems shall
not exceed 60 decibels, as measured at the exterior of any occupied
building on a nonparticipating landowner's property. Manufacturer's
data may be used as proof of a product's noise output. Measurement
of the noise output will be the responsibility of the nonparticipating
landowner if in disagreement with the manufacturer's data.
(c)
Abandonment. An alternative energy system that has been abandoned
(meaning not having been in operation for a period exceeding six months)
or is defective or that is deemed to be unsafe by the Township Building
Code Official shall be required to be repaired by the owner to meet
federal, state, and local safety standards, or be removed by the property
owner within the time period allowed by the Township's Building
Code Official. If the owner fails to remove or repair the defective
or abandoned alternative energy system, the Township may pursue a
legal action to have the system removed at the owner's expense.
(d)
Limitation. Power generated by an alternative energy system
shall be solely for use on the property on which the alternative energy
system is located.
(e)
Plan. Prior to the erection of any alternative energy system
within the Township, a plot plan of the parcel on which the facility
will be located shall be submitted, which identifies at a minimum:
property lines, lot area, location of the proposed alternative energy
system, and setback measurements from property and street lines.
(4)
Conditions applicable to solar energy systems.
(a)
Roof-mounted solar energy systems. Roof-mounted solar collectors
and equipment used for the mounting or operation of such collectors
are exempt from the height limitations of the zoning district in which
the solar energy system is to be located.
(b)
Setback. Apparatus necessary for the operation of a solar energy
system, including overhangs, movable insulating walls and roof, and
reflectors, may project into a required front, side or rear yard a
maximum of 50% of the required yard dimension of the zoning district
in which the solar energy system is to be located.
(c)
Ground-mounted solar energy systems. Detached, ground-mounted
solar collectors shall be considered permissible accessory structures
in all zoning districts, but they shall not be included in computing
lot coverage.
(d)
Utility lines. All utility lines, including electrical wires,
and the grounding wires, must be installed underground in accordance
with the prevailing standards of the servicing utility company.
(5)
Conditions applicable to wind energy systems.
(a)
Setbacks. A wind energy system shall be located no less than
1.1 times the total height of the device from a front, side or rear
property line. Furthermore, no wind energy system shall be located
within 1.1 times the total height of the device from overhead utility
lines, the nearest street right-of-way lines or another wind energy
system located on the same property.
(b)
Location. A wind energy system may be located within front,
side or rear yards.
(c)
Limitation. Multiple systems are permitted with the condition
that the power generated by the systems shall be solely for use on
the property on which the systems are located.
(d)
Maximum height. The maximum height of any wind energy system
located within the Township of Washington, including all moving and
rotating parts, shall be 100 feet, measured from the undisturbed ground
elevation at the base of the device to the highest point of the arc
of the blade or to the top of the tower, whichever is greater. (If
a device is attached to an existing structure, then the maximum height
of the attached wind energy device shall not exceed 100 feet, including
the height of the existing structure.)
(e)
Ground clearance. The minimum distance between the undisturbed
ground at the base of the device and any protruding blade shall be
20 feet, as measured at the lowest point of the arc of the blades.
(f)
Location of guy wires. Guy wires associated with any wind energy
structure shall not be closer than 10 feet from a front, side or rear
property line.
(g)
Access. All ground-mounted electrical and control equipment
shall be labeled or secured to prevent unauthorized access. The wind
energy system shall not provide steps or a ladder readily accessible
to the public for a minimum height of eight feet above the ground
elevation at the base of the device.
(h)
Lighting and advertising. No artificial lighting, unless required
by the Federal Aviation Administration, signage or any forms of advertising
shall be utilized or attached to a wind energy system.
(i)
Utility lines. All utility lines, including electrical wires
other than wires necessary to connect the wind generator to the tower
wiring, the tower wiring to the disconnect junction box, and the grounding
wires, must be installed underground in accordance with the prevailing
standards of the servicing utility company.
A.
No single yard sale shall be conducted for a period
in excess of 72 hours.
B.
No residential property may be the site of more than
four yard sales during any calendar year.
C.
One single-sided or double-sided temporary sign, not
to exceed two feet by four feet, shall be permitted upon the property
where the yard sale is conducted.
(1)
Such sign shall not be illuminated in any way, nor
shall it be located to block pedestrian traffic or to obstruct the
vision of passing motorists.
(2)
Such sign may be erected up to 48 hours prior to the
commencement of the yard sale and shall be removed immediately upon
the conclusion of the yard sale.
(3)
Such sign shall not be affixed to any utility pole,
to any traffic sign or to any existing permanent sign.
(4)
A separate sign permit shall not be required.
D.
No yard sale shall be conducted either wholly or partially
within a public right-of-way.
E.
It shall be the responsibility of the person or persons
conducting the yard sale to assure adequate parking for those attending
the yard sale. The owners of vehicles parked in violation of local
regulations shall be subject to normal enforcement procedures.
F.
The regulations of this section shall not apply to
Sheriff's sales.
The regulations of this section shall apply
to all properties which support the commercial cultivation of crops
and/or the pasturing of horses or livestock.
A.
Farm operations shall require a minimum lot size of
2.00 acres.
B.
Dwellings and accessory structures not for farm purposes
shall be located in accordance with the bulk regulations of the applicable
zoning district. All other accessory structures (including barns,
silos and bulk bins) shall be set back a minimum of 25 feet from all
property lines in Agricultural and Watershed Conservation Zoning Districts
and 75 feet in all other zoning districts. Where there is a conflict
between this regulation and any other setback provision for a zoning
district contained in this chapter, this regulation shall prevail.
[Amended 8-25-1994 by Ord. No. 1994-10]
C.
All pasture areas shall be fenced.
D.
The slaughter of animals shall not be permitted within
100 feet of any property line.
E.
No farm operation shall be conducted in such a way
as to create a danger to the public health or safety or to the health
or safety of nearby residents. Nuisances, annoyances and inconveniences
to neighboring properties arising from the conduct of accepted farming
practices shall not be deemed dangerous to the general health, safety
or welfare.
F.
Display and sale of farm products.
(1)
The display and sale of produce and other products
originating from the farm property shall be permitted as an accessory
use. Such display and sale shall be conducted from a temporary or
permanent stand.
(2)
A parking area able to accommodate at least three
parking spaces shall be provided on the property behind the road right-of-way.
Such parking area need not be paved, but shall in all cases be clearly
marked.
The following regulations shall apply to multifamily
dwellings, including, but not by way of limitation, townhouse developments
and apartment buildings, in addition to the area and bulk regulations
found elsewhere in this chapter. These regulations shall not be applied
to mobile home parks.
A.
Development controls.
(1)
One-owner developments of multifamily housing shall
be permitted only upon provision of adequate means to assure the perpetual
maintenance of building exteriors, common areas and open space, parking
areas and all other improvements which are not to be dedicated to
the Township. Adequate provisions for such responsibilities include,
but are not limited to, condominium associations, cooperative agreements,
cross-easements and deed restrictions. The Township reserves the right
to obtain the opinion of the Township Solicitor concerning the adequacy
of these or similar provisions as may be proposed.
(2)
The proposed development shall be carried out in conformance
with an overall plan for the tract. If the development is to be carried
out in phases, each phase shall be planned such that the foregoing
requirements and the intent of this chapter are fully complied with
upon the completion of each phase.
B.
Area and building requirements. Overall tract size for lands to be developed with multifamily housing shall be in compliance with Article VIII of this chapter.
(1)
For individual townhouse units, area and bulk regulations
shall be as follows:
(2)
Other types of multifamily dwellings.
(4)
Buffer area. Multifamily dwellings shall be separated
from adjacent commercial or industrial properties by a permanent landscaped
buffer strip having a minimum width of 20 feet. Commercial and industrial
properties include properties which are actually used for such purposes
as well as vacant lands which are zoned for such uses.
(5)
Parking and service areas.
(a)
The amount of parking to be provided shall be in compliance with § 131-77 of this chapter. Parking areas shall be separated from the perimeter of the tract by a minimum of 20 feet.
(b)
Areas for loading and unloading of delivery
trucks and other vehicles and for the servicing of refuse collection,
fuel and other services shall be provided and shall be arranged such
that they may be used without blockage or interference with the use
of accessways or parking areas.
(6)
Required open space and recreational facilities.
(a)
Not less than 30% of the total tract shall be
preserved as common open space. Such open space may include wooded
areas; however, at least 50% of the common open space required shall
be suitable for active recreational use.
(b)
Areas occupied by nonrecreational structures,
parking or loading areas, stormwater management facilities, wetlands,
wetland buffer areas, streams and required setbacks shall not be counted
toward fulfillment of this requirement.
(d)
The Board of Supervisors, at the request of
the applicant and after review by the Recreation Advisory Committee,
may accept an equivalent amount of open space off-site, a cash equivalent
to the value of the required open space or a combination of land and
cash in lieu of the open space required above.
C.
Utilities. Water supply and sanitary sewage disposal
for multifamily dwellings shall be provided by either community or
public systems. All utility lines shall be underground.
D.
Lighting.
(1)
Lighting shall be provided as needed and arranged
in a manner which will protect nearby highways and neighboring properties
from direct glare and other hazardous interference.
(2)
The Township may require lighting to be provided as
it may deem necessary for the safety and convenience of the residents
of the multifamily development or the general public.
(3)
Lighting shall be installed at the expense of the
developer.
A.
Permit required.
(1)
It shall be unlawful for any person or business entity
to use or continue to use land within the Township as a sanitary landfill,
incinerator, solid waste management facility or transfer station,
hereinafter collectively referred to as a "facility," without first
obtaining a permit therefor from the Board. The term "facility" shall
not include a municipal waste recycling or intermediate processing
center which is utilized to separate commingled recyclable materials
previously removed from the municipal waste stream through a curbside
source-separation program or where separated materials are collected
and processed for sale and delivery to secondary markets.
(2)
Permit fees.
(a)
Each initial application for a permit shall be accompanied by a permit fee as provided in Chapter A137, Fees, and a further deposit as provided in Chapter A137, Fees, both made payable to the Township in the form of a certified check or money order, to be applied against the actual cost to the Township of technical (including, without limitation, both engineering and legal) review of the application and impact statement.
(b)
Said permit fee shall be placed in an interest-bearing
escrow account.
(c)
All permit fees submitted with a permit application
or renewal application are nonrefundable, even if the permit is denied
or subsequently suspended or revoked.
(d)
A refund of the excess of the deposit over the
actual cost of technical review will be made to the applicant.
(e)
The Township shall be exempt from said permit
fee.
(3)
Renewal of permits.
(a)
Each permit shall be valid for one year from
the date of issuance. The permit holder desiring to renew an existing
permit shall complete and submit to the Board an application at least
90 days before the expiration date thereof and shall tender with each
application all required fees.
(b)
Each renewal permit application shall be accompanied with a renewal permit fee as provided in Chapter A137, Fees, payable to the Board in the form of a certified check or money order, to be applied against the actual cost to the Township of technical (including, without limitation, both engineering and legal) review of the application and impact statement.
(c)
A refund of the excess of the deposit over the
actual cost of the technical review will be made to the applicant.
(d)
The Township shall be exempt from said permit
renewal fee.
B.
Application for permit. The application to establish
and operate a facility shall include five complete copies of the following
documentation:
(1)
A topographical drawing, prepared by a professional
engineer registered in the Commonwealth of Pennsylvania, drawn to
a scale of one inch equals not more than 50 feet, showing:
(a)
The location of the site relative to public
roads.
(b)
The owners of adjacent properties.
(c)
Soils present on the tract, with special symbolization
for prime agricultural soils and for hydric soils.
(d)
Proposed fencing and improvements.
(e)
Proposed screening.
(f)
Cross sections showing the existing grades and
the proposed grades upon completion and closure of the landfill.
(g)
Landfill areas within the landfill site, to
include staging of landfill development and the location of haul roads
and access roads.
(h)
The location of areas for cleaning equipment
and vehicle tires.
(i)
The location of weighing scales, fire-fighting
equipment and similar ancillary facilities.
(j)
The limits of all watersheds.
(2)
An archaeological survey indicating any areas of high
probability for archaeological sites, known historic sites and structures
and the historic significance of all structures on the site. The application
shall include correspondence received by the applicant from the Commonwealth
of Pennsylvania Historical and Museum Commission concerning the existence
of known or suspected archaeological resources on the site of the
proposed landfill. No destruction of any structures on the site shall
be permitted until a determination of historic significance has been
made.
(3)
The names and current addresses of any and all persons
who own any interest, real or equitable, in the real estate being
the subject of the application.
(4)
The names and current addresses of all persons having any ownership interest of 10% or more in any corporation(s) or other business entities which may be set forth in answers to Subsection B(3) above.
(5)
The names and current addresses of all persons having
any interest in the operation or proposed operation, maintenance or
use of the real estate in question as a facility.
(6)
The names and current addresses of all persons having an ownership interest of 10% or more in any corporation(s) or other business entities which may be set forth in answer to Subsection B(5) above.
(7)
The names and current addresses of any and all persons
who own property lying within 1,000 feet of any property line of the
tract or tracts proposed to accommodate a facility.
(8)
The location of all wells used for domestic water
supply which are within 1/2 mile of the facility.
(9)
The identities and qualification of personnel designated to manage the proposed facility, together with their intended responsibilities and past experience in such management within the last 10 years. The application shall include information demonstrating that such persons, as well as those corporations and individuals listed in response to Subsection B(5) and (6), are not involved in any unresolved issues concerning compliance with regulations for the operation of any facility regulated by this section.
(10)
A current, approved permit issued by the Pennsylvania
Department of Environmental Resources (DER) pursuant to the Pennsylvania
Solid Waste Management Act (Act 97 of 1980), as amended, and the Pennsylvania
Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101
of 1988), as amended.[1] In addition, the applicant shall show compliance with
all requirements of the aforesaid acts and regulations and standards
of DER relating to solid waste processing and disposal systems, which
are hereby incorporated within this chapter by reference. The applicant
is further required to submit to the Board of Supervisors any and
all plans, applications, data, materials, studies and information
as are required to be submitted to the DER pursuant to said acts,
regulations and standards. All such materials shall be certified by
the applicant to be true and correct copies of original materials
filed with the DER.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
(11)
Statements indicating expected useful life of
the facility and the condition and proposed uses of said site upon
termination of operation, including but not limited to any limitations
on future uses due to decomposition gases.
(12)
An access road survey, which shall include the
following:
(13)
A statement setting forth the projected types
and amounts of refuse anticipated to be accepted by the proposed facility
during the first two years of operation and the source of the waste
material.
(14)
A statement of the applicant's prior experience,
if any, in operating facilities of the type proposed.
(15)
A draft preparedness, prevention and contingency
plan or plans which has or have been developed in accordance with
the applicable guidelines of the Pennsylvania Department of Environmental
Resources.
C.
Environmental assessment statement. The application
for a permit shall be accompanied by an environmental assessment statement
which will provide the following information and documentation:
(1)
A description of the proposed facility.
(2)
A physical description of the environment affected,
including but not limited to summary technical data, maps and diagrams
adequate to permit an assessment of potential environmental impact
by commenting agencies and the public. Highly technical and specialized
analyses and data should be attached as appendixes or footnoted with
adequate bibliographic references.
(3)
A description of how the facility will function as
an element of the solid waste management infrastructure, addressing
whatever solid waste management plan(s) may be in effect in Washington
Township at the time when application is made. Technical and quantitative
analyses supporting the assertions of such description shall be included.
(4)
The sources of data used to identify, qualify or evaluate
any and all of the environmental consequences must be expressly noted.
(5)
The relationship of the proposed facility to land
use plans (including the Washington Township Comprehensive Plan and
the Washington Township Act 537 Plan), policies and controls for the
affected area, including a statement as to how the proposed facility
may conform to or conflict with the objectives and specific terms
of existing or proposed federal, state, county and Township land use,
plans, policies and controls.
(6)
An analysis of the primary and secondary effects of
the facility and its capacity to stimulate or induce changes in patterns
of social and economic activities.
(7)
An analysis of the anticipated impact upon existing
community facilities and activities and changes in natural conditions
and the anticipated effect on natural and cultural features such as
streams, mountains, historic sites, landmarks, principal roads, lakes
and towns.
(8)
Specific data relating to the impact of the facility
on local vehicular traffic; on local water supplies, groundwater,
streams and rivers; on natural and man-made local storm drainage facilities
and areas; and on the existing flood-prone areas of the Township,
including details of any measures of precautions which may have to
be taken in order to provide adequate flood control in the Township.
(a)
Flow rates shall be determined for all streams
(including intermittent and ephemeral streams) which are likely to
receive surface water runoff from the facility. Flow rates shall be
determined by weirs or a flow meter or a minimum of four flow survey
events during a twelve-month period.
(b)
Surface water quality shall be established by
sampling all tributaries draining the site. A minimum of four samples
shall be taken, a minimum of one every three months, within a twelve-month
period prior to the commencement of facility operation. Once operation
has commenced, surface water quality shall be monitored by sampling
of the same tributaries, to be conducted at least once every six months.
(c)
Benthic sampling shall be conducted for each
tributary draining the facility site between May 1 and June 15 prior
to commencement of facility operation. Samplings shall be conducted
in conformance with current regulations of the Pennsylvania Department
of Environmental Resources regarding benthic sampling and guidelines
specified by the Rapid Bioassessment Protocols of the United States
Environmental Protection Agency.
(9)
A statement of any probable adverse environmental
effects which cannot be avoided (such as water or air pollution, undesirable
land use patterns, damage to life systems, congestion, threats to
health and other adverse consequences to the environment). For purposes
of contrast, a statement shall be included which sets forth proposed
method(s) to mitigate or avoid such adverse effects.
(10)
The relationship between local short-term uses
of the environment and the maintenance and enhancement of long-term
productivity. This section should contain a brief discussion of the
extent to which the proposed action involves short-term environmental
gains at the expense of long-term losses, or the converse, and a discussion
of the extent to which the proposed action precludes future options.
In this context, the words "short-term" and "long-term" should be
viewed in terms of the environmentally significant consequences of
the proposed action.
(11)
The aesthetic impact of the proposed action,
including its impact upon visual quality of the surrounding community.
(12)
An analysis of the success or failure of similar
projects, if the project is of a nonconventional nature. Determination
of the conventional or nonconventional character of the proposed project
will be made by the Township Engineer.
(13)
A statement of any adverse effects anticipated
upon employment, taxes and property values.
(14)
A statement of any effects on desirable community
growth.
(15)
A statement describing the location and impact
of the facility on nearby recreation areas.
D.
Application process.
(1)
Form of application. In developing and collecting
the data required above, the applicant shall convey the required information
succinctly and in layman's terms, giving attention to the substance
of the information conveyed rather than to the particular form, length
or detail of the statement. Statements should indicate at appropriate
points in the text any underlying studies, reports and other information
obtained and considered by the applicant in preparing the statement.
Care should be taken to ensure that the statement remains an essentially
self-contained instrument capable of being understood without the
need for extensive cross-referencing.
(2)
Form of environmental assessment statement. Each environmental
assessment statement shall utilize a systematic, interdisciplinary
approach which will ensure the integrated use of the natural and social
sciences and the environmental design arts in planning and decision
making. The purpose of such an approach is intended to assure a systematic
evaluation of reasonable alternative courses of action and their potential
social, economic and environmental consequences.
(3)
Compliance with Township zoning and subdivision and land development regulations. Facilities covered by this section, including applications for new facilities or for enlargements or additions to existing facilities, shall be subject to the procedures and provisions of this chapter and Chapter 107, Subdivision and Land Development. Such procedures shall precede any application for conditional use.
(4)
Public hearing. The Board may, at any time and in
its sole discretion, hold a public hearing on:
(a)
Questions of the effect of the proposed landfill
on water, noise or air pollution; on the environment; on the landscape;
or on the health, safety or welfare of the people of the Township.
(b)
Questions of the effect of the proposed landfill
on the economic development of the Township.
(c)
Any other question arising under this section.
(5)
Cessation bond.
(a)
The facility operator shall post, prior to the
issuance of a permit hereunder, a bond in the sum of $50,000 per acre
or portion thereof contained in the facility site.
(b)
Said bond shall remain in effect for a period
of 20 years after operation of the facility has ceased and shall be
in cash or cash equivalent, shall be payable to the Township of Washington
and shall be in a form acceptable to the Township Solicitor.
(c)
The purpose of this bond shall be to assure
restoration of the site, to assure that adequate arrangements are
made to provide for post-closing maintenance with regard to (among
other things) leachate and gasses and to assure, generally, compliance
with this chapter.
(d)
Once posted, this bond shall be increased annually
by an amount equal to the percentage increase in the Consumer Price
Index for the Philadelphia Region, plus 5.0%.
E.
Issuance and administration of permit.
(1)
Issuance of permit.
(a)
Within 30 days of the receipt of the complete
application for a permit, the Township shall publish notice of a public
hearing to be held within 120 days of said notice prior to the Board's
consideration of the permit application.
(b)
At the completion of the public hearing or hearings,
the Board shall consider the application at a second public meeting
after proper advertisement.
(c)
The Board shall issue a permit or shall refuse
to issue a permit to the applicant after examination of the application
and after determination that the applicant has complied with the regulations
of this section.
(2)
Records.
(a)
Every person who has obtained a permit or permit
renewal under this chapter shall provide and keep a bound book, with
the permittee being responsible for the accuracy of all information
contained therein. The book shall contain the following information
recorded legibly and in the English language and shall be updated
on a daily basis.
[1]
The origin of all solid waste accepted by the
facility site.
[2]
The weight of all solid waste accepted by the
facility site.
[3]
The number of trucks bringing solid waste to
the facility site.
[4]
The number of vehicles other than trucks bringing
solid waste to the facility site.
[5]
The type of solid waste accepted by the facility
site.
(b)
These records shall be maintained by the facility
operator for as long as the facility remains in operation. All records
shall be available for Township inspection upon request during hours
of operation. The Township shall not be required to provide the operator
with advance notice of record inspection.
(c)
Upon cessation of facility activity, all records
(or duplicates of such records) shall become the property of the Township.
(3)
Revocation or suspension of permit.
(a)
Any permit granted by the Board under the provisions
of this chapter shall be revocable or subject to suspension at any
time upon the determination by the Board that the facility or facility
site:
[1]
Is or has been conducted in violation of this
or any other ordinance of the Township, the Pennsylvania Solid Waste
Management Act (Act 97 of 1980), as amended; the Pennsylvania Municipal
Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988),
as amended;[2] or the regulations or standards of the Pennsylvania Department
of Environmental Resources;
[2]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
[2]
Is creating a public nuisance;
[3]
Is creating a potential hazard to the public
health, safety or welfare; or
[4]
Adversely affects the environment.
(b)
When a permit is denied, suspended or revoked,
the applicant shall have 30 days thereafter to file a written request
for a hearing for reconsideration by the Board. A hearing shall be
held thereon before the Board within 60 days after receipt of the
written request for such hearing.
(4)
Transfer of permit. No permit for any facility operated
under this section shall be transferable.
F.
Facility operation.
(1)
Prior to authorizing or approving any facility under
this section, the Board shall require compliance with the following
provisions:
(a)
The facility shall comply with all applicable
requirements of the Pennsylvania Solid Waste Management Act (Act 97
of 1980) and the Pennsylvania Municipal Waste Planning, Recycling
and Waste Reduction Act (Act 101 of 1988),[3] as well as any and all applicable regulations of the Pennsylvania
Department of Environmental Resources (DER). The Township shall have
the right to require chemical analysis of wastes and shall also have
the right to specify the chemical parameters and analytical methodology
to be used for such analyses, where such is necessary to confirm compliance
with these regulations. The cost of such analyses shall be borne by
the facility operator. Prior to the operation of any facility, the
applicant shall obtain the necessary permit(s) from the DER. In addition
to the operating regulations of the DER, the facility operator shall
take such additional measures as may be necessary to eliminate areas
which may harbor or provide breeding areas for vectors.
[3]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
(b)
The facility shall be located so that safe and
adequate access is available over public roads at all times.
[1]
Access roads, as defined in Article II, to the proposed facility shall have a minimum paved width of 24 feet and shall be paved with bituminous or concrete materials having a surface and base course of sufficient depth to withstand traffic loads, determined by the number and weight of trucks anticipated in a daily operation of the proposed landfill, as well as the applicable standards of the Pennsylvania Department of Transportation.
[2]
The Board of Supervisors shall require that
the costs to improve access roads to provide this standard shall be
assessed against the applicant, prior to application approval, either
by requiring contribution of moneys sufficient to pay for the improvements
to the access roads or by assessing dumping fees on the operation
of the facility sufficient to pay for the improvements to the access
roads.
[3]
In addition, the applicant shall post a security
bond in an amount to be determined by the Township Engineer to cover
the costs of improvements and maintenance for all public roads in
the Township utilized by vehicles approaching the facility.
[4]
The applicant shall give written assurance that,
within one year of the termination of the facility operation, all
access roads will be restored as may be necessary to the condition
in which they existed immediately prior to the commencement of operations
at the facility. Compliance with this provision shall be determined
by the Township Engineer.
(c)
The facility site shall be enclosed with a wire-mesh
fence along the interior boundary of the buffer zone to protect adjoining
properties from windblown debris. The fence shall be metal wire mesh
constructed of No. 9 gauge wire woven in a two-inch mesh in full conformance
with the American Society of Testing and Materials Specification A
491-71. The surface height of the fence shall be eight feet, plus
an additional minimum of three strands of barbed wire, installed at
least six inches apart, onto brackets affixed to the top of the fence
at an angle 45° from vertical. The fence shall contain, at all
entrances, gates which are locked except during business hours. In
addition, temporary litter control fences shall be installed in such
a manner as to prevent litter from dispersing onto the facility site.
Such fences shall be placed no more than 75 feet downwind from the
immediate operating area. The facility site shall be adequately policed,
and all litter shall be collected daily and incorporated into the
landfill. The fence shall be surrounded by a one-hundred-foot-wide
landscaped buffer area; where such buffer area is wooded, such woodlands
shall serve as the required landscaping and shall not be disturbed.
No facility operations shall be located outside of the fenced area
(including pipelines and drainage swales) except as may be necessary
for connection to the local infrastructure.
(d)
The facility shall not be located on land mapped
by the Soil Conservation Service as having either a high-water table
or seasonal high-water table or land which is subject to flooding.
(e)
The facility site shall be graded and provided
with drainage facilities to minimize runoff, to prevent erosion and
to prevent collection of standing water.
(f)
Outdoor burning and scavenging shall not be
permitted.
(g)
Facility sites shall be located a minimum of
500 feet from any zoning district boundary line and at least 500 feet
from any existing residence or any residence under construction at
the time of application.
(h)
Facilities regulated by this section, including
all structures, appurtenances, improvements, storage areas, washing
sites, spraying sites, impoundments and similar ancillary or accessory
facilities, shall be located a minimum of 500 feet from all streets
not located within the facility site and 500 feet from all property
lines.
(i)
No single facility regulated by this section
shall occupy more than 75 acres.
(j)
Facilities regulated by this section, including
all structures, appurtenances, improvements, storage areas, washing
sites, spraying sites, impoundments and similar ancillary or accessory
facilities, shall be screened from view from the adjoining properties
by a buffer zone with a minimum width of 500 feet in which shall be
placed a planting screen consisting of a variety of evergreen trees
in a solid double row with a minimum height of nine feet, creating
a visual barrier to said site and improvements from all adjoining
lands. Dead trees shall be replaced within 60 days.
(k)
Emission of unpleasant gases or odorous matter
shall not be permitted in such quantities as to be offensive outside
the boundaries of the facility site.
(l)
The sound pressure level of any operation within
the facility site shall not exceed, at any point along the property
boundary of the site, the decibel levels in the following octave bands:
|
Octave Band
(cycles per second)
|
Maximum Permitted Sound Level
(decibels)
| |
|---|---|---|
|
10 to 600
|
45
| |
|
600 to 2,400
|
33
| |
|
2,400 to 4,800
|
30
| |
|
Over 4,800
|
25
|
(m)
The grade of a landfill site shall never exceed
the highest point of natural elevation as existed within such landfill
site prior to commencement of the operation. The final grading of
a landfill shall be done in a manner so that the site is left in a
useful condition. Owners and operators of proposed landfill sites
are encouraged to provide for the future dedication of properties
used for landfill purposes to the Township for park and recreational
facilities.
(n)
All equipment on the facility site shall be
maintained in operable condition and stored under roof when not in
use.
(o)
Necessary measures shall be taken to prevent
and extinguish fires, including the construction of a water collection
system for water protection, said system to be approved by the Township
Engineer. Water at adequate volume and pressure, as determined by
the Board of Supervisors, to supply water hose streams, foam-producing
equipment or water spray systems (whichever is applicable) shall be
available at the site. Necessary equipment (such as hoses, nozzles
and pumps) compatible with that of the first response fire company
shall also be available at the site. All equipment and buildings shall
be equipped with functioning fire extinguishers.
(p)
Landfills shall contain an on-site scale, and
all solid waste delivered to the landfill site shall be weighed and
recorded by a licensed scalemaster pursuant to the requirements of
this section and the Washington Township Landfill Ordinance.[4] Under no circumstances shall the amount of waste brought
to the landfill site exceed the volume permitted by the solid waste
regulations of the Pennsylvania Department of Environmental Resources.
[4]
Editor's Note: A copy of said ordinance is
on file in the Township offices.
(q)
A certified copy of all reports, data, plans
and other material or information required to be submitted to Pennsylvania
Department of Environmental Resources shall be submitted to the Board
of Supervisors.
(r)
A tire-cleaning area shall be provided on the
access road within the facility site. All tires on all trucks leaving
the facility shall be cleaned. Runoff from the tire-cleaning area
shall be treated on-site by an oil/grease separator prior to leaving
the facility and shall be further controlled in accordance with the
provisions of the Pennsylvania Stormwater Management Act (32 P.S.
§ 680.1 et seq.).
(s)
Landfill liners shall be high-density polyethylene
(HDPE) with a minimum thickness of 60 mils and shall meet all applicable
standards of the Pennsylvania Department of Environmental Resources.
Other liner materials may be approved if the applicant can demonstrate
that the degree of protection offered by such other materials is equal
to or greater than that provided by the specified material.
(t)
An equipment-cleaning area shall be provided
on the facility site. All equipment used to grade and compact solid
waste in a landfill shall be cleaned daily to prevent odors, vectors
and other hazards and nuisances. All drainage from equipment cleaning
areas shall be managed so as to prevent water pollution and shall
be discharged to a sanitary sewer system or other facilities approved
by the Board of Supervisors.
(u)
Leachate and detrimental surface water runoff.
[1]
Leachate and any surface water runoff which
may be detrimental to the quality of the surface waters draining the
facility site shall be collected and treated by one of the following
methods:
[a]
Shipment to an off-site facility,
as contracted with and reported to the Township by the solid waste
facility operator, for treatment and disposal.
[b]
Treated and disposed of on-site
in accordance with all applicable federal, state and local regulations.
[c]
Conveyed to a publicly operated
wastewater treatment plant, provided that the owner of such plant
has, by contract with the solid waste facility operator, agreed to
handle such wastewater.
[2]
Where leachate is stored on-site, such storage
shall be in closed containers and not as uncovered surface water impoundment.
(v)
Groundwater monitoring wells shall be required
and shall be located along the interior boundary lines of the buffer
zone and outside the boundary lines of landfill sites, as may be required
by the Township Engineer. The water in each well shall be tested by
the operator monthly for all items listed in the regulations of the
Pennsylvania Department of Environmental Resources and for all other
additional items as may be required by resolution of the Board of
Supervisors. The test results shall be submitted, in writing, to the
Board as the Board may request.
(w)
All facilities, equipment and personnel shall
be equipped with both an internal communications or alarm system capable
of providing immediate emergency instruction (voice or signal) to
facility personnel and a device immediately available at the scene
of operations, such as a telephone or a hand-held two-way radio, capable
of summoning emergency assistance from local Police and Fire Departments.
(x)
Landfill sites shall have at least one emergency
access entrance, which shall be locked except when in use during an
emergency situation. The operator shall provide keys to this entrance
to the Board of Supervisors and to the local Police and Fire Departments.
(y)
Sanitary toilet facilities, as approved by the
Township Sewage Enforcement Officer, shall be constructed and made
available for use by persons on the facility site.
(z)
Trucks delivering waste to a facility shall
not be permitted to enter the facility site between the hours of 6:00
p.m. and 6:00 a.m., prevailing time. All facility operations (other
than administration) shall be conducted between the hours of 7:00
a.m. and 4:00 p.m., prevailing time, Monday through Friday, and between
7:00 a.m. and 12:00 noon, prevailing time, on Saturdays. No operations
shall be conducted on Sundays.
(2)
Insurance.
(a)
All permit holders under the provisions of this
chapter shall furnish proof to the Board of Supervisors of liability
insurance covering all aspects of their activities under this section.
(b)
All policies required by this chapter shall
have a minimum cancellation period of not less than 30 days after
receipt, in writing, of the notice of cancellation by the Board.
(c)
All policies required by this chapter shall
be maintained by the permit holder throughout the entire period of
the facility operation.
(d)
The following policies shall be required in
the amounts indicated:
[1]
A personal injury policy shall be obtained in
the amount of at least $1,000,000 per person or $3,000,000 per accident.
[2]
A property damage policy shall be obtained in
the amount of at least $1,000,000 per accident.
[3]
A disaster policy shall be obtained in the amount
of at least $30,000,000, which policy shall provide for environmental
restoration in the event of sudden and accidental or gradual pollution
caused by discharge, dispersal, release or escape of pollutants.
(3)
Inspection of site. The Board of Supervisors shall,
from time to time, cause its authorized representatives to inspect
the facility site to assure continued compliance with the plans, specifications,
regulations and procedures set forth in this section. It shall be
the duty of the facility operator to make the site available for inspection
at all times. The Township shall not be required to provide the facility
operator with any advance notice of inspection. All expenses relating
to said inspection shall be borne by the permit holder(s).
(4)
Hazardous waste prohibition. Disposal of hazardous
waste, as may be defined in the Pennsylvania Solid Waste Management
Act, as amended, the Pennsylvania Municipal Waste Planning, Recycling
and Waste Reduction Act, as amended,[5] or any other applicable statute promulgated by the General
Assembly of the Commonwealth of Pennsylvania, on any landfill or incinerator
site within the Township is hereby prohibited.
[5]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
(5)
Fees to be paid to Township. The Township shall have
the right to charge a per-ton fee to users of the facility. The amount
of such fee shall be established by resolution of the Board of Supervisors
and may be amended from time to time but not more than once during
a six-month period. Separate rates may be established based upon the
type and provenance of waste. Such rates shall be conspicuously posted
at the facility site so as to be readily visible to those delivering
wastes to the facility. The operator of the facility shall be responsible
for the collection of such fee, maintenance of records and payment
of the fee to the Township at such intervals as the Township may determine.
(6)
Restraining violations. In addition to any other remedies
provided in this section, the Board of Supervisors may institute an
action in equity in the Court of Common Pleas of Berks County for
an injunction to restrain a violation of this article or to mandate
corrective action necessary to remedy any violation of the rules,
regulations or standards of this article.
G.
Vacation of site. The permittee (or the heirs, successors
or assigns of the permittee) shall restore the landscape of landfill
sites prior to cessation of landfill operation and vacation of the
site. Such site restoration shall include, but is not necessarily
limited to, the planting of trees and shrubs of species which shall
be subject to the approval of the Board of Supervisors.
A.
Intent.
(1)
The barns, bank barns and associated agricultural
structures found throughout the Township are an important element
of its rural and historic identity. The regulations of this section
have been developed in order to encourage the preservation of these
structures.
(2)
The Township recognizes that, in spite of their aesthetic
appeal, many older agricultural structures are no longer of a suitable
size or configuration to accommodate modern agricultural operations.
In light of this fact, these regulations have been developed to accommodate
alternate, nonfarm uses within such structures, thereby providing
an economically feasible use for such structures, supporting their
restoration, preservation and continued presence in the community.
B.
Eligibility.
(1)
Throughout this section, the term "agricultural structure"
shall be interpreted to include but not necessarily be limited to
barns and bank barns, silos, grist mills, springhouses, summer kitchens
and carriage houses.
(2)
Agricultural structures eligible for conversion in
accordance with this section shall be 50 or more years old at the
time such conversion is proposed and shall have a minimum floor area
of 500 square feet.
(3)
Agricultural structures eligible for conversion shall
be structurally sound, or if not sound, one condition of approval
for conversion shall be presentation of plans by the applicant showing
how said structure shall be restored to sound condition.
C.
Permitted uses.
(1)
The following uses are permitted as by right within
a converted agricultural structure, regardless of the zoning regulations
in effect:
(a)
Single-family detached dwellings, single-family
semidetached dwellings, two-family dwellings and multifamily dwellings.
(b)
Professional or business offices.
(c)
Retail establishments involving the sale of goods or services to the general public, except that sexually oriented businesses shall be permitted only in the C Commercial District in accordance with Chapter 97, Sexually Oriented Businesses, commonly known as the "Obscenity Ordinance."
(d)
Artist's studios.
(e)
Any combination of the above uses.
(f)
Township uses or uses by a municipal authority
organized by the Township.
(g)
County, state or federal facilities.
(2)
The following uses are permitted as by right within
a converted agricultural structure only where such uses are permitted
within the zoning district wherein the structure is located. These
uses are permitted by condition where the zoning regulations in effect
permit such uses by condition or where such uses are not permitted.
Where these uses are not permitted within the zoning district either
by right or by condition, these uses may be permitted as a conditional
use only where such use(s) will be performed within a converted agricultural
structure:
D.
Regulatory compliance required.
(2)
A conversion to any use except a single-family detached residence is a type of land development and shall conform to the applicable regulations of Chapter 107, Subdivision and Land Development. Conversions, including conversions to a single-family detached residence, which involve the creation of a new lot, are a subdivision and shall conform to the applicable regulations of Chapter 107, Subdivision and Land Development.
(3)
Provisions for water supply and sewage disposal shall
satisfy the requirements of the Pennsylvania Department of Environmental
Resources and the Township Sewage Enforcement Officer.
(4)
The structural integrity of the final conversion,
including all additions and restoration activities carried out during
the conversion process, shall satisfy the requirements of Chapter
41, Building Construction, as interpreted by the Building Inspector.
E.
Limitations.
(1)
Exterior alterations to the barn structure shall preserve
the general appearance of the barn, enhancing the aesthetic qualities
of the structure and the property in the rural idiom. This requirement
shall be reflected in structural additions to the barn, alterations
to the original barn and cladding materials (including color) of the
finished conversion.
(2)
It is recognized that old barn structures may be nonconforming
structures, especially in regard to required yard areas and height
limitations. Conversions shall not be required to correct such preexisting
nonconformities, but shall neither worsen the nonconforming aspect
nor create a new area of nonconformity.
(3)
If agricultural activity is to continue in proximity
to the converted barn, the conversion shall be designed to minimize
conflicts between the new use and the existing farm use.
A.
Any structure erected, enlarged, altered or used and
any lot occupied or used for any of the following purposes shall be
provided with the number of off-street parking spaces indicated within
this section as a minimum. Such parking areas shall be clearly indicated
and shall not be located within any public right-of-way. Parking areas
may be either within a structure or in the open.
B.
The provision of parking areas greatly in excess of
these minimum standards is discouraged.
C.
Parking spaces shall measure not less than 10 feet
by 20 feet. Parking spaces for use by handicapped drivers shall measure
not less than 14 feet by 20 feet.
D.
Parking areas may, but need not, be located on the
same lot as the use served. All parking areas shall be proximate to
the use served and, where the use is not adjacent to each parking
space, shall be provided with a clearly defined pedestrian system,
distinct from the vehicular accessways within the parking lot, which
shall provide a safe means of access to the use(s) served.
E.
Aisles within parking areas which provide access to
individual parking spaces shall have a minimum width of 24 feet for
back-to-back double-bay parking.
[Amended 3-25-1999 by Ord. No. 1999-1]
F.
As far as practicable, parking areas for all nonresidential
uses shall be located in the side or rear yard area of the structure
served.
G.
For parking areas which will serve more than one use,
the number of parking spaces required shall be the sum of what would
be required for each use independently.
H.
For the following uses, the required parking spaces
shall be provided with a dust-free all-weather surface approved by
the Board of Supervisors; if the calculation to determine the required
number of spaces results in a fractional figure, said fraction shall
be rounded to the nearest whole number:
(1)
Dwelling units: two spaces per dwelling.
(2)
House of worship, school, theater, cinema and similar
places of assembly, both public and private, excluding outdoor assembly
areas: 25 spaces per 1,000 square feet in main assembly room or area.
(3)
Stadium, grandstand and similar structures for outdoor
assembly, regardless of whether or not seating areas are under roof:
one space per five seats. Where seating is provided on unmarked benches,
each eighteen-inch segment of bench shall be interpreted as one seat.
(4)
Hospital, convalescent home or sanitarium: two spaces
per patient room.
(5)
Community center, library, museum or similar cultural
institution: three spaces per 1,000 square feet gross floor area.
(6)
Institutional home: 0.5 space for each residential
room or unit.
(7)
Residential club: 0.5 space for each residential room
or unit, plus one space per 100 square feet of indoor public area.
(8)
Personal storage facility: one space per rentable
unit.
(9)
Industrial activities, including manufacturing, except
as may be specifically provided for elsewhere in this section: 2.5
spaces per 1,000 square feet gross floor area for facilities with
less than 100,000 square feet gross floor area; 2.0 spaces per 1,000
square feet gross floor area for facilities with 100,000 square feet
or more gross floor area.
(10)
Independent living home: 1.5 spaces for each residential unit.
[Added 3-3-2011 by Ord. No. 2011-01]
(11)
Assisted living home: one space for each residential room or
unit.
[Added 3-3-2011 by Ord. No. 2011-01]
(12)
Nursing home: one space for each four beds plus one space for
each employee on the largest shift.
[Added 3-3-2011 by Ord. No. 2011-01]
I.
For the following uses, the required parking spaces
shall be provided with a paved surface; if the calculation to determine
the required number of spaces results in a fractional figure, said
fraction shall be rounded to the nearest whole number:
(1)
Retail sales or rental of consumed or perishable items
and items with little seasonal variation in demand, except as may
be specifically provided for elsewhere in this section, including
supermarkets and food stores, convenience stores, pharmacies, video
sales and rental and personal and professional services: 3.5 spaces
per 1,000 square feet gross floor area.
(2)
Retail sales or rental of capital or nonperishable items and items with clear seasonal variation in demand, except as may be specifically provided for elsewhere in this section, including customer spaces for auto dealers, apparel and personal accessory stores, bookstores, department stores, electronics and computer stores, gift shops, jewelers, nurseries and greenhouses and retail activities not included in Subsection I(1): five spaces per 1,000 square feet gross floor area.
(3)
Shopping centers: five spaces per 1,000 square feet
gross leasable area.
(4)
Wholesale sales, freight terminal: one space per 1,000
square feet gross floor area, in addition to loading area(s).
(5)
Hotels: one space per rented unit, plus four spaces
for each 50 units, plus spaces as required for ancillary uses.
(6)
Office buildings, business and commercial services,
research and development facilities and laboratories: three spaces
per 1,000 square feet gross floor area.
(7)
Financial service establishments, including banks,
brokerages and savings and loan offices: four spaces per 1,000 square
feet gross floor area.
(8)
Eating and drinking places with table service: 15
spaces per 1,000 square feet gross floor area.
(9)
Eating and drinking places without table service:
20 spaces per 1,000 square feet gross floor area.
(10)
Automobile service stations or automobile repair
service: two spaces per garage bay, in addition to the garage bays
themselves.
(11)
Gasoline station: one space per pump island,
in addition to spaces at pump islands for vehicles receiving gas.
J.
Off-street handicapped parking areas.
(1)
Within off-street parking areas, parking spaces to
accommodate handicapped drivers shall be provided according to the
total size of the parking area as specified below:
|
Total Number of Parking Spaces
|
Minimum Number of Spaces for Handicapped
Drivers
| |
|---|---|---|
|
Fewer than 25
|
1
| |
|
25 to 75
|
2
| |
|
Over 75
|
2% of all spaces
|
(2)
Parking stalls for use by handicapped drivers shall
be clearly marked and shall be located to minimize the distance between
the vehicles and a wheelchair-accessible entrance to the facility
served.
K.
Design requirements. Parking lots serving industrial,
commercial and multifamily residential uses shall be designed and
maintained in conformance with the following regulations.
(1)
Parking lots shall not be used for the sale, repair
or dismantling of any vehicles, equipment, materials or supplies.
(2)
Provisions shall be made for safe and efficient ingress
and egress to and from public streets without undue congestion or
interference with normal traffic flow. All points of ingress and egress
along a public street shall be located at least 200 feet from the
nearest intersection of any other public street.
(3)
Parking spaces shall be provided with wheel or bumper
guards so located and arranged so that no part of any parked vehicle
shall extend beyond the limits of the parking area.
(4)
Lighting shall be provided and so designed such that
adjacent residential properties and public streets shall not be directly
illuminated.
(7)
Not more than one shelter may be provided within a
parking area. Such shelter shall occupy no more than 50 square feet
and shall be sited in accordance with all applicable minimum yard
areas.
L.
Loading areas.
(1)
Loading areas shall be completely contained upon the
site of the building served and shall neither occupy nor infringe
upon any parking spaces, traffic lanes within a parking area, driveways
or public street rights-of-way.
(2)
Loading areas shall not be located within the front
yard area of the use(s) served, but shall be restricted to the rear
yard and, if necessary, the side yard.
(4)
All loading areas shall have a dust-free surface over
the entire area customarily used by delivery vehicles for parking
and maneuvering. The surface may be asphalt, bituminous concrete,
concrete or any other dust-free surfacing material which may be approved
by the Board of Supervisors.
(5)
The number of loading spaces shall be as determined
by the developer of the property, but the Township may require evidence
supporting the assertion that the number of loading spaces to be provided
is adequate for the proposed use.
A.
The following signs are permitted in the Agricultural
(A), Watershed Conservation (WSC), Rural Residential (R-1) and Suburban
Residential (R-2) Districts:
(1)
Official street and traffic signs.
(2)
Signs required by law.
(3)
Signs indicating the name, profession and/or activity
of the occupants of the dwelling (including the existence of a home
occupation), provided that the area of any one side of any such sign
shall not exceed two square feet. Not more than one such sign shall
be permitted per lot.
(4)
Signs indicating the presence of a park, recreation
area, school, church, hospital, sanitarium, club or other institution
or activity of similar nature. Such signs may include the name of
the facility and activities and/or services accommodated on the lot.
The area of any one side of any such sign shall not exceed 15 square
feet. Not more than one such sign shall be located along any one street
frontage of the subject property.
(5)
Signs prohibiting trespassing or signs indicating
the private ownership of roads or property. Such signs must be located
upon the property to which they refer. The area of each such sign
shall not exceed one square foot. Such signs shall be spaced along
street frontage or the property line at intervals of not more than
one sign per 100 feet.
(6)
(7)
Signs in connection with the identification, operation
or protection of any public utility or municipal activity, on the
same lot therewith, provided that the total sign area on any one street
frontage of any property in single and separate ownership shall not
exceed eight square feet.
(8)
Signs advertising the sale of agricultural products
on the same lot therewith, indicating the name of the owner or occupant
and the product(s) sold or services or activities performed on the
premises, provided that the total sign area on any one street frontage
of any property in single and separate ownership shall not exceed
35 square feet.
(9)
Off-premises signs indicating distance, direction
and/or destination, provided that the area of any one side of such
sign shall not exceed six square feet, and further provided that no
such sign shall be located within 500 feet of any other such sign.
(10)
Temporary signs for contractors, mechanics,
painters and artisans erected on a premises where such individuals
are performing work; also temporary signs indicating an agricultural
test plot. The total area of one side of such sign or signs shall
not exceed 12 square feet upon any property in single and separate
ownership. Such sign or signs shall be removed upon completion of
the work being performed.
B.
The following signs are permitted in the High-Density
Residential and Village (HDV) District:
(2)
On-premises signs for nonresidential uses, permitted
in conformance with the following regulations:
(a)
No sign or portion of any sign which is mounted upon a building shall extend higher than 12 feet above the ground. The total sign area on any one street frontage of any property in single and separate ownership shall be limited to one square foot per linear foot of lot width, to a maximum of 100 square feet. This maximum may be increased to 300 square feet as a special exception granted in accordance with the provisions of § 131-105B of this chapter. For businesses within a shopping center or arcade (where the use does not have street frontage or the concept of lot width cannot be applied), the sign area shall be limited according to the width of the leased unit rather than the lot width.
(b)
No freestanding sign or portion thereof shall extend higher than 10 feet above the ground. The total sign area on any one street frontage of any property in single and separate ownership shall be limited to one square foot per linear foot of lot width, to a maximum of 100 square feet. This maximum may be increased to 300 square feet as a special exception granted in accordance with the provisions of § 131-105B of this chapter.
(c)
Exterior wall-mounted signs which have the sign
surface more or less perpendicular to the wall surface shall not extend
more than 36 inches from the wall surface and shall have a minimum
clearance of eight feet. These regulations shall also apply to banners
and awnings, whether permanent or temporary, except that banners and
awnings may extend up to 42 inches from the wall surface.
(d)
Freestanding, temporary placards in pedestrian
areas (such as sandwich board signs) shall have a maximum width and
depth of two feet and shall in no case occupy more than 25% of the
width of the pedestrian area where it is placed. Such signs shall
have a maximum height of 48 inches.
(e)
Window signs shall not be considered in computing
total sign area; however, signs shall not cover more than 20% of any
window opening.
C.
The following signs are permitted in the Commercial
(C), Light Industrial (LI), General Industrial (GI) and Quarry (Q)
Districts.
(2)
Signs in connection with tourist homes or rooming
houses, on the same lot therewith, provided that the area of any one
side of such sign shall not exceed six square feet, and provided that
not more than one such sign shall be erected on any one street frontage
of any property in single and separate ownership.
(3)
Off-premises outdoor advertising signs, as defined in Article II of this chapter, provided that the following requirements are satisfied:
(a)
All faces of such signs shall have a maximum
display area of 200 square feet per sign face, except as otherwise
provided for by this section.
(b)
Such signs shall have not more than four sign
faces, each with a maximum display area of 200 square feet per face,
with a maximum width of 20 feet, inclusive of any border or trim.
(c)
When two or more sign faces are arranged back-to-back,
they shall be parallel and directly opposite, facing in opposite directions,
separated by not more than 12 feet.
(d)
When two or more sign faces are arranged in
a "V" (as viewed from above), the faces shall not be located more
than five feet apart at the closest point, nor shall the interior
angle be greater than 45%.
(e)
The overall height of outdoor advertising signs
shall not exceed 35 feet. The height shall be measured from the bed
of the adjacent street to the highest part of the sign.
(f)
No outdoor advertising sign shall be erected
within 1,000 feet of any other outdoor advertising sign.
(g)
Outdoor advertising signs shall be set back
a minimum of 15 feet from the street right-of-way (or ultimate right-of-way,
where one exists) or at a distance not less than the total height
of the sign, whichever is greater.
(i)
The general area in the vicinity of all outdoor
advertising signs shall be kept free and clear of sign material debris.
(j)
Permit.
[1]
No outdoor advertising sign shall be erected
or maintained without the owner thereof having first obtained a permit
from the Township, which shall be issued by the Zoning Officer or
other party designated by the Board of Supervisors only upon receipt
of:
[a]
A written application completed
in duplicate, signed by the applicant.
[b]
Five copies of a plan of the property
or tract of land, drawn to scale, signed and certified by a registered
professional engineer or land surveyor, depicting the perimeter boundaries
as taken from the deed for said tract, identifying the current owner
of the tract, all adjacent owners, the location and dimensions of
the abutting roadway in relation to the tract, the next closest intersecting
public roadway, all driveways and parking areas within 150 feet of
the site, the proposed location of the sign area to be transferred
in fee or controlled by lease and all easements and utility installations
affecting such site.
[c]
Five copies of a plan of the sign,
drawn to scale, signed and certified by a registered professional
engineer or land surveyor, depicting the dimensional limits of the
sign face(s), the supporting structure, the specifications of the
materials and methods of construction and maintenance to be employed.
[2]
Permit applications shall be reviewed by the
Township Zoning Officer and the Township Engineer for compliance with
this chapter, and upon approval by both, a permit shall be issued
to remain in effect for a period of three years from the date of issuance
of the permit, subject to renewal for additional three-year intervals
upon written reapplication and presentation of documentation establishing
the applicant's continued compliance with the terms and conditions
of this chapter and any terms or conditions appearing on the face
of the permit. Permit applications shall be accompanied by a check
or money order in full satisfaction of an initial application fee
or reapplication fee (as may be appropriate), the amount of which
shall be established by resolution of the Board of Supervisors. Within
the time period covered by a permit, whether original or renewal,
any change of an advertisement on an outdoor advertising sign shall
not require payment of a fee.
[Amended 8-25-1994 by Ord. No. 1994-10]
D.
Sign regulations applicable in all districts.
(1)
No sign shall be placed in such a position as to endanger
traffic on a street by obscuring a clear view or by confusion with
official street signs or signals, by virtue of position or color.
(2)
No sign other than official street signs shall be
erected or maintained within a street right-of-way.
(3)
Every sign permitted in this chapter shall be constructed
of durable materials and shall be maintained in good condition and
repair at all times.
(4)
Whenever a sign becomes dilapidated, structurally
unsafe or otherwise hazardous to the safety of the public, a building
or premises, the Zoning Officer shall give written notice to the owner
of the premises upon which such sign is located. Such sign shall then
be made safe, repaired or removed (as applicable) within a period
of 10 days from receipt of such written notice; otherwise, both the
owner of the sign and the owner of the premises upon which the sign
is located shall be in violation of this section.
(5)
Business signs and outdoor advertising signs must
maintain a setback distance from adjacent residential districts as
required by this chapter for other business and commercial structures
and buildings. For the purposes of this regulation, the High-Density
Residential and Village (HDV) District shall be deemed a nonresidential
district.
(6)
No sign shall be erected at or near the intersection
of streets or upon a curve so as to obstruct free and clear vision
of motorists.
(7)
No red-, amber- or green-colored lights, discs or
shapes are permitted within 100 feet of a street intersection or any
other location where the Zoning Officer shall determine that such
lights or shapes may reasonably be confused with traffic signals.
(8)
No signs shall be permitted which move, rotate, oscillate,
vibrate or shimmer.
(9)
No sign shall be permitted which is animated by means
of flashing, scintillating, blinking or traveling lights or by any
other means not providing a constant level of illumination, except
as follows:
(a)
Public service information signs intended primarily
to display items of general interest in the community, such as time,
temperature, date and/or atmospheric conditions, are permitted in
all nonresidential districts, including the High-Density Residential
and Village (HDV) District.
(b)
Illuminated revolving barber poles are permitted
as an accessory use to a barbershop.
(10)
Political signs.
(a)
Temporary signs announcing the candidacy of
an individual for elective office or urging a specific response to
a referendum issue (hereinafter referred to as "political signs")
are permitted in all districts in compliance with the regulations
of this subsection and the following:
[1]
The area of one side of any political sign shall
not exceed 32 square feet.
[2]
No political sign shall be illuminated.
[3]
A permit shall be required for each political
sign where the area of either side exceeds four square feet.
[4]
All political signs shall be removed within
14 days following the election for which they were erected.
(11)
Vehicular signs are prohibited in all zoning districts.
[Added 5-24-2012 by Ord. No. 2012-02]
E.
Illumination of signs.
(1)
In the Agricultural (A), Watershed Conservation (WSC),
Rural Residential (R-1) and Suburban Residential (R-2) Districts,
the following signs may be illuminated and no others:
(a)
Signs indicating the residence and/or office
of a physician, dentist, healer, District Justice or other such person
whose services in an emergency are customarily considered essential
to the public health, safety or welfare. Illumination shall be white,
nonglare light.
(b)
Signs indicating a school, church, hospital,
sanitarium, club, municipal building or similar institutional use.
Illumination shall be white, nonglare light.
(c)
Signs for traffic regulation, marking of hazards
and the like.
(2)
In those districts not noted above, any permitted
sign, building or structure may be illuminated.
(3)
Permitted illumination of signs, buildings and structures
in any district shall be subject to the following regulations:
F.
G.
Exemptions.
(1)
The provisions of this section shall not apply to
signs erected at the direction of the federal, state or local government.
(2)
For the purposes of this section, the trade names,
emblems or directions on service facilities or product dispensers,
including but not limited to gasoline pumps, telephone booths and
vending machines, shall not be deemed a sign when such trade name,
emblem or single group of words or symbols occupy an area not greater
than two square feet.
H.
Existing nonconforming signs.
(1)
Any lawful sign existing on the effective date of
this chapter which does not conform to the provisions of this chapter
shall be considered a lawful, nonconforming sign and its use may be
continued. Nonconforming signs may be repaired and/or repainted (with
the same logo) but shall not be altered or changed in overall dimensions,
except to be brought into conformance with the standards of this section.
(2)
The owner of any lawful nonconforming outdoor advertising sign, while exempt from the initial permit application process, shall be required to obtain a renewal permit at three-year intervals as set forth in Subsection C(3)(j) above. The first such renewal permit must be obtained within three years of the effective date of this chapter.
No land, building, structure or premises in
any district shall be used, altered or occupied in such a manner as
to create any dangerous, injurious, noxious or otherwise objectionable
fire, explosive, radioactive or other hazard; noise or vibration;
smoke, dust, odor or other form of air pollution; electrical or other
disturbance; glare; liquid or solid refuse or wastes; conditions conducive
to the breeding of rodents or insects; or other substance, condition
or element in any manner or amount as to adversely affect the surrounding
area. The standards of this section shall be applicable to all zoning
districts and uses.
A.
Vibration. No vibration shall be produced exceeding
0.002 g peak measured at or beyond the lot line by either seismic
or electronic vibration measuring equipment.
B.
Noise. No person shall operate or cause to be operated on private or public property any source of sound in violation of the Township of Washington Noise Ordinance, Chapter 73 of the Code of Ordinances of Washington Township (Ordinance No. 2008-01, enacted June 26, 2008).
[Amended 7-27-2017 by Ord. No. 2017-1]
C.
Air quality.
(1)
There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), Article III, Title 25, Pennsylvania Department of Environmental Resources, Rules and Regulations.
(2)
Furthermore, there shall be no emission into the atmosphere
of visible gray smoke of a shade darker than No. 1 on the Ringelmann
Smoke Chart as published by the United States Bureau of Mines. Visible
grey smoke as dark as No. 2 on said chart may be emitted for a period
or periods totaling no more than four minutes within any given thirty-minute
period. These provisions shall also apply to smoke of other colors
having an equivalent apparent opacity.
D.
Electric and electromagnetic interference. Electric
and electromagnetic devices shall be shielded in such a manner than
no electrical or electromagnetic disturbance shall be evident which
adversely affects the operation of any equipment other than that of
the creator of such disturbance.
E.
Fire and explosive hazards.
(1)
All activities and all storage of flammable and explosive
material at any point shall be provided with adequate safety devices
against the hazards of fire and explosion along with adequate fire-fighting
and fire-suppression equipment and devices as detailed and specified
by the laws of the Commonwealth of Pennsylvania.
(2)
All buildings and structures and activities within
such buildings and structures shall conform to all applicable Township
or county codes and ordinances.
(3)
Any explosive material shall conform to the requirements
of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department
of Environmental Resources, for the storage, handling and use of explosives.
F.
Glare and heat.
(1)
Glare from exposed incandescent lights shall not be
visible from any property other than the originating property.
(2)
Glare generated by any industrial process, including
but not limited to high temperature processes such as combustion and
welding, shall not be visible at or beyond the lot line of the property
generating such glare.
(3)
There shall be no emission or transmission of heat
or heated air which is discernible at the lot line.
G.
Liquid and solid wastes, including sewage.
(1)
There shall be no discharge at any point into any public or private sewerage system or watercourse or into the ground of any materials in such a way or of such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of the Commonwealth of Pennsylvania, specifically Chapters 73, 75, 95 and 97 of Title 25, Pennsylvania Department of Environmental Resources, Rules and Regulations.
(2)
No solid waste matter shall be stored on any property
(other than an approved sanitary landfill, solid waste management
facility or recycling center) for longer than 30 days. This section
shall not be applied to the storage of manure upon farm properties,
regardless of whether or not such property is located within the Agricultural
District, unless such storage creates a clear and immediate danger
to the public health and welfare.
H.
Odor.
(1)
No use shall emit malodorous gases in such quantity
as to be offensive at any point on or beyond the lot lines of the
parcel whereupon such use is located. The guide for determining such
quantities of offensive odors shall be the fifty-percent response
level of Table I, Odor Thresholds in Air, contained in the publication
Research on Chemical Odors: Part I, Odor Thresholds for 53 Commercial
Chemicals, October 1968, Manufacturing Chemists Association, Inc.,
Washington, DC.
(2)
This section shall not be applied to odors resulting
from agricultural practices upon farm properties within the Agricultural
District.
I.
Toxic gases. The emission of noxious, toxic or corrosive
gases or of fumes injurious to persons, property or vegetation beyond
the lot lines of the lot whereupon such emission originates shall
be prohibited.
J.
Dust, mud and debris.
(1)
No activity or use upon any lot shall be permitted
to create conditions whereby airborne dust may be blown beyond the
lot lines of that lot. This regulation shall not apply to dust created
by agricultural practices upon farm properties, regardless of whether
or not such property is located in the Agricultural District.
(2)
No activity or use upon any lot shall be permitted
to allow mud to flow beyond the lot lines of that lot. This regulation
shall not apply to the natural deposition of alluvium associated with
streams; however, no activity or use is permitted which will increase
the rate or amount of such deposition.
(3)
No activity or use upon any lot shall be permitted
to allow airborne or waterborne debris to spread beyond the lot lines
of that lot.
(4)
No vehicle leaving a lot shall be permitted to cause
the dispersal of mud, dust or debris onto property other than the
originating lot or onto any public road.
A.
Lands with a slope of 25% or greater shall be limited
to the following uses, provided that such uses are permitted by the
district wherein such lands are located:
(1)
Parks and outdoor recreational uses, provided that
such activities do not impede the watershed function of the property.
(2)
Tree farming, forestry and agricultural uses, subject to the provisions of § 131-72 of this chapter, when conducted in conformance with appropriate soil conservation practices to minimize the effects of erosion.[1]
[1]
Editor's Note: Former Subsection A(3), regarding
single-family detached dwellings, which subsection immediately followed
this subsection, was repealed 3-25-2004 by Ord. No. 2004-1.
Flag lots, as defined in Article II of this chapter, shall be deemed conforming lots only when in compliance with the following regulations:
A.
The pole of the flag lot shall have a minimum width
of 50 feet.
B.
For purposes of interpretation and application of
yard requirements, the front lot line of a flag lot shall be that
lot line of the flag portion of the lot which is closest and most
nearly parallel to the nearest street right-of-way line.
C.
The calculation of lot area to determine compliance
with the minimum lot area requirement of the zoning district shall
exclude lands occupied by the pole portion of the lot.
D.
No portion of the building envelope shall be located
within the pole portion of a flag lot.
E.
No flag lot shall adjoin more than one other flag
lot.
