A lot may be used and a building or structure
may be elected, altered, enlarged or maintained, provided that it
is in accordance with the requirements of the district in which it
is located, in accordance with the requirements of any applicable
overlay district and in accordance with the following general conditions.
Nothing herein contained shall be construed
to render inoperative any enforceable restriction established by covenants
running with the land, and which restrictions are not prohibited by
or are not contrary to the regulations herein established.
[Amended 10-10-1988 by Ord. No. 103]
In any district, structures and accessory uses or structures shall be permitted on any subdivided lot approved prior to April 11, 1988, notwithstanding the limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable to the district, provided that yard dimensions and requirements, other than those applying to area or width, or both, shall conform to the regulations for the district in which such lot is located. As to such lots the Zoning Hearing Board may grant a variance for yard dimensions and requirements pursuant to the standards for variances set forth in § 150-219 of this chapter and upon condition that the yard dimensions and requirements of the district are met as closely as possible.
No lot shall be so reduced that the area of
the lot or the dimensions of the required open spaces shall be less
then herein prescribed by this chapter.
[Amended 8-21-1996 by Ord. No. 150]
On any lot, no wall, fence or other structure
shall be erected, altered or maintained and no hedge, tree, shrub
or other growth shall be planted or maintained which shall interfere
with or obstruct vehicular or pedestrian vision at any intersection
of streets or any street or crosswalk.
Where an unimproved lot of record is situated
immediately adjacent to and in between two improved lots on the same
street frontage, the front yard requirements for that lot shall be
an average of the sum of the two existing front yards and the required
front yard for that district.
[Amended 4-17-1996 by Ord. No. 146; 8-21-1996 by Ord. No. 150; 7-21-2004 by Ord. No. 200; 7-21-2004 by Ord. No. 201; 12-20-2006 by Ord. No.
212; 5-16-2007 by Ord. No. 215; 12-15-2010 by Ord. No. 227; 12-19-2012 by Ord. No. 239]
A.
Accessory uses and structures to a single-family detached residential
use shall be regulated as follows:
(1)
In the AGR, R-175, and R-AG-175 Districts, structures accessory to single-family residential uses, except those regulated in Subsection A(2) through (9) below, shall be located in the rear yard or side yard only, and no closer than 15 feet to a property line. In all other districts, and at all properties created pursuant to Option 1 or Option 2, as set forth in Article XVIA, Conservation Subdivisions, structures accessory to single-family residential uses, except those regulated in Subsection A(2) through (9) below, shall be located in the rear yard or side yard only; said accessory structures may be erected in the rear yard not closer than 10 feet to the rear property line. Unless otherwise permitted below, accessory structures in any zoning district shall not be higher than 15 feet.
[Amended 5-16-2018 by Ord. No. 277; 5-19-2021 by Ord. No. 284]
(2)
Private garages (whether attached or detached) may not encroach
on any yard setback and must be located entirely within the building
envelope of the lot on which they are located. Attached garages shall
not exceed the height restriction for principal buildings in the applicable
zoning district, and detached garages shall not exceed 20 feet in
height.
(3)
Private swimming pools shall be constructed in accordance with the applicable Township ordinances, and shall be located entirely within the rear yard of the lot on which the pool is located and at least 10 feet behind the closest part of the main building. However, in no case shall the distance from the pool to the side or rear property line be less than 25 feet. In the AGR, R-175, and R-AG-175 districts, excluding properties created pursuant to Option 1 or Option 2, as set forth in Article XVIA, Conservation Subdivisions, the distance from the pool to the side and rear property lines shall be not less than 50 feet. The water edge shall be the line for measurement of these setbacks. All filters, heaters and accessory structures incidental thereto shall meet the same setback criteria. Freestanding spas and hot tubs shall be exempt from the requirement to be located at least 10 feet behind the closest part of the main building.
[Amended 5-19-2021 by Ord. No. 284]
(4)
Private tennis courts and private sports courts and all facilities incidental thereto shall be located on a lot 60,000 square feet or larger and in the rear yard only. Except as set forth below for lighted courts, a private tennis court shall not be less than 50 feet from the side and rear property lines, and a private sports court shall not be less than 75 feet from the side and rear property lines. A vegetative screening landscape buffer in accordance with the Worcester Township Landscape Ordinance requirements for rear and side yards as set forth in § 130-28 of the Worcester Township Subdivision and Land Development Ordinance shall be provided for all private tennis courts and private sports courts and all facilities incidental thereto. To the extent required by the Township Engineer, all tennis courts and sports courts shall have stormwater management facilities. All required stormwater management facilities shall be approved by the Township Engineer. The lighting of a private tennis court or private sports court shall conform to § 150-200. Any lighted private tennis court or sports court shall not be less than 100 feet from the side and rear property lines. No tennis court or sports court shall be illuminated after 9:00 p.m. Sunday through Thursday, or after 10:00 p.m. on Friday and Saturday.
(5)
Private stables for the keeping of horses and livestock shall
be permitted on properties having a gross lot area of three acres
or more. A gross lot area of three acres shall allow a maximum of
two large animals (e.g., horses, cattle, llamas). Two small animals
(e.g., goats, sheep, mini horses, ponies, yearling horses or cattle,
donkeys) shall be the equivalent of one large animal. Each additional
acre of gross lot area shall allow the keeping of one additional large
animal or the equivalent. All grazing areas shall be suitably fenced
to contain the animals at all times. All buildings and structures
(including rings, but not including fencing) used for the housing,
stabling, training, and recreational enjoyment of such animals shall
be located within the building envelope and shall be no higher than
35 feet.
(6)
Decorative structures such as garden trellises, arbors, statues,
benches, and the like, but specifically not including storage units,
sheds, greenhouses, or other work areas, may be located no closer
than 15 feet to any property line, but not within the ultimate right-of-way
of any road.
(7)
Private mailboxes shall be located as required by the United
States Postal Service. Private newspaper boxes may be located adjacent
to private mailboxes and no closer to the cartway than a private mailbox.
(9)
Structures associated with public or private utilities (such
as water, stormwater, sanitary waste, power, fuel, telephone, and
cable) to serve permitted agricultural and single-family residential
uses shall be exempt from the setbacks in this section.
C.
Private or public school uses. Accessory structures such as backstops,
dugouts/team structures, retaining walls, scoreboards, bleachers (permanent
or movable), benches, goals (permanent or movable), or similar accessory
structures associated with outdoor sports and athletic facilities
may be located or erected within 50 feet of a front lot line or 40
feet of any other property line subject to the following:
[Added 1-15-2014 by Ord. No. 248]
(1)
Backstops shall be permitted on any baseball or softball field
but shall be limited to a maximum height of 40 feet;
(2)
Scoreboards shall be permitted and shall not be considered signs
so long as the scoreboard complies with the following:
(a)
Scoreboards shall not contain any advertisement for any company,
product, or service;
(b)
Scoreboards shall be limited to a maximum size of 36 feet by
10 feet;
(c)
Scoreboards shall be limited to one per field;
(d)
Scoreboards shall be limited to a maximum height, when mounted,
of 20 feet from average surrounding grade within a stadium and 15
feet when mounted at all other fields on a single property; and
(e)
Scoreboards, if illuminated, shall:
[1]
Be internally illuminated LED displaying only the score and
necessary game information and shall be illuminated only during the
time of play and for a maximum period of 30 minutes following the
end of play; and
[2]
Neither cast any illumination off of the subject property nor
create a nuisance or intrusion to the privacy of adjacent residential
property owners or the public;
(3)
Dugouts or team shelters shall be limited to two per field,
one for the home team and one for the visiting team;
(4)
Dugouts or team shelters shall be a maximum size of 12 feet
by 50 feet;
(5)
No structure shall be located or erected so as to interfere
with the sight triangle of any intersection; and
[Added 12-19-2012 by Ord. No. 239]
The following agricultural uses and structures are permitted
in the districts zoned for agricultural use:
A.
Seasonal roadside stand for the sale of agricultural products, which
may be located within the front setback, not less than 25 feet from
any neighboring property line and not within the legal right-of-way
of any street or road. Vehicular access to seasonal roadside stands
must be located at least 300 feet from any intersection, and seasonal
roadside stands may not interfere with sight distances or create a
safety hazard to motorists or pedestrians. A roadside stand shall
not exceed 200 square feet.
B.
Barn, shed, greenhouse, silo, exercise ring, or similar structure used for agriculture or for the processing of agricultural products. No such building or structure shall be erected within 50 feet of any property line. Fencing in connection with agricultural uses shall conform to the requirements of § 150-182. All grazing areas shall be suitably fenced to contain the animals at all times.
A.
Each and every lot shall abut a public street for
not less than 50 feet at the right-of-way line, except lots which
shall abut the right-of-way and provide a minimum continuous access
of not less than 25 feet.
B.
Notwithstanding the requirement of this section, a
lot may abut a private street which has been built to specifications
acceptable to the Board of Supervisors and the Township Engineer.
In the case where a private street has been utilized to satisfy the
frontage requirement of this section, the Supervisors may require
satisfactory provision to be made (through deed restrictions, homeowners'
association declaration, condominium declaration, etc.) to ensure
the future maintenance and proper functioning of such private street.
[Added 4-17-1996 by Ord. No. 146]
[Amended 4-17-1996 by Ord. No. 146]
For any flag lot, as defined in this chapter,
the minimum lot area requirement for such lot shall be calculated
without including any area of the lot within the narrow access portion
of the property by which the major part of the property (containing
the building envelope) is connected to a street. The narrow access
portion of a flag lot shall maintain a minimum width of 25 feet along
its entire length.
The provisions of this chapter shall not apply
to land owned by the Township, nor to the construction and uses of
buildings and facilities for municipal purposes by the Township and
their maintenance if after a public hearing the Board of Supervisors
shall decide that such building or extension thereof or such use of
premises is reasonably necessary for the convenience and welfare of
the public.
No building or structure or part of any building
or structure shall project into any required yard in any district,
except:
A.
Cornices, eaves, gutters or chimneys may project into
a required yard not more than 18 inches.
B.
Bay windows and open balconies may project into a
required yard not more than three feet.
C.
Unroofed open terraces, decks and patios may project
into a required side yard not more than 10 feet for single-family
residential use only; and into a required rear yard not more than
20 feet for single-family residential use only.
[Amended 5-16-2018 by Ord. No. 277]
[Amended 3-14-2001 by Ord. No. 184]
A.
A fence or wall of any style up to 48 inches in height,
excluding a retaining wall as permitted by this chapter and excluding
chain link fence, may be installed up to any side or rear property
line in any residential district. A fence or wall of any style up
to 60 inches in height, excluding a retaining wall as permitted by
this chapter and excluding a chain link fence, may be installed no
closer than three feet to any side or rear property line in any residential
district.
[Amended 12-15-2010 by Ord. No. 227; 5-19-2021 by Ord. No. 284]
B.
No fence or wall, excluding a retaining wall as permitted
by this chapter, shall be installed within the required front yard
setback, which shall include any area of overlap with a side or rear
yard setback, on any property in any zoning district; provided, however,
that 1) decorative walls or fences of any style not exceeding 30 inches
in height, and 2) fencing that that is completely open post and rail
and not exceeding 48 inches in height, shall be permitted in the front
yard setback in any residential district.
[Amended 5-19-2021 by Ord. No. 284]
C.
A fence or wall of any style up to 72 inches in height,
excluding chain link fence, may be installed no closer than five feet
to any side or rear property line in any nonresidential district.
[Amended 5-19-2021 by Ord. No. 284]
D.
A chain-link-type fence of up to eight feet in height
may be permitted within any nonresidential district by special exception
upon a showing of a need for extraordinary security measures.
E.
No fence or wall, of any dimension or height whatsoever,
shall extend beyond the ultimate right-of-way line on the lot where
located.
F.
All fences shall be erected with the finish side of
the fence facing adjacent properties or street. The finish side shall
be considered the side without the structural supporting members.
G.
All fences or walls erected within the front yard
setback shall be provided with an operable gate or opening with a
minimum width of 36 inches to provide access to the area between such
fence or wall and the cartway of the abutting street. The property
owner is responsible for maintaining this area between the fence or
wall and the cartway. There shall be a minimum of one operable gate
or opening for each street frontage and at least one operable gate
or opening for every 500 feet of fencing along a street.
H.
Decorative fences are permitted on the front property corners in any residential district, provided that the decorative fence is in compliance with above Subsection E and said fence does not exceed 10 feet in length from the property corner. "Decorative fences" shall be defined as a portion of a fence for landscaping, decorative or aesthetic purposes not designed to restrict or prevent crossing of a property line. Such fences shall not exceed three feet in height.
I.
All fences or walls erected within a rear or side
yard setback that results in the complete enclosure of the rear property
of any building that is part of a series of three or more independently
accessed yet connected buildings shall be provided with a minimum
forty-eight-inch unobstructed emergency personnel accessway that shall
run along the rear property line. A gate shall be installed to provide
a minimum thirty-six-inch wide by seventy-two-inch high accessway
between each enclosed property and the emergency personnel accessway.
Property owners shall be responsible for maintaining their portion
of the emergency personnel accessway.
J.
Private or public school uses. The following shall apply to fences
and walls located as part of an outdoor athletic facility of a public
or private school:
[Added 1-15-2014 by Ord. No. 248]
(1)
Fences surrounding an athletic field may be eight feet in height
when located at least 40 feet from a property line. If located within
40 feet of any property line, the maximum fence height shall be six
feet;
(2)
Backstops shall not be considered a fence or wall but shall be an accessory structure regulated by § 150-177C;
(3)
Retaining walls associated with any athletic facility may be
located 40 feet from any side or rear property line; and
(4)
Foul poles shall be permitted as part of the fencing surrounding
a baseball or softball field and shall be permitted at a maximum height
of 30 feet.
K.
Driveway pillars. Each permitted driveway may possess two driveway
pillars, one on each side of the driveway. Driveway pillars must be
located outside the ultimate right-of-way, and shall provide a turning
radius that allows access to emergency vehicles, as determined by
the Township. Each driveway pillar shall not exceed five feet in height
and shall not exceed 16 square feet in area.
[Added 5-16-2018 by Ord.
No. 277]
No dwelling shall be constructed unless the
same shall have an inhabitable floor area of at least 900 square feet,
exclusive of basements, unfinished attics and porches.
No drilled well shall be located closer than
40 feet to a lot boundary line. (This shall include drilled wells
of any kind more than 10 feet in depth.)
In all sections of the Township not served by
public sewer and water, the following regulations shall apply:
A.
All lots shall have a minimum area of 60,000 square
feet, a minimum width of 200 feet and a minimum depth of 250 feet.
B.
Where soil tests indicate that additional area is
required to provide adequate sewage disposal system, the lot area
shall be increased accordingly.[1]
[1]
Editor's Note: Former Subsection C of Section
2514, regarding location of on-site sewage disposal system, Section
2515, Cul-de-sac Lot Regulations, and Section 2516, Lot Depth, which
immediately followed this subsection, were repealed 4-17-1996 by Ord.
No. 146.
C.
The minimum area, lot width and lot depth requirements
of this section shall not apply to lots clustered under the provisions
of the RPD Rural Preservation District.
[Added 9-17-1997 by Ord. No. 153]
[Amended 5-31-1996 by Ord. No. 148]
The ultimate right-of-way of all public roads
in the Township shall be as shown on the Zoning Map, as amended to
conform with this section, provided that in the approval of a subdivision
plan, the Board of Supervisors may require that the ultimate right-of-way
be increased or decreased on any road or section thereof when it appears
that such increase or decrease is desirable. No structure or fence
or wall other than a mailbox may be erected in the ultimate right-of-way.
[Amended 9-15-1993 by Ord. No. 133]
No structure shall be so high as to require
a top light at night under federal or state regulations, and all structures
shall be maintained so that no such light is necessary through legislation,
regulations or otherwise. Notwithstanding the previous sentence or
any other height limitation set forth in this chapter, no commercial
radio or cellular telephone tower may exceed a total height of 120
feet.[1]
[1]
Editor's Note: Former Section 2519, Metal
Structures, and Section 2520, House Trailers, which immediately followed
this section, were repealed 4-17-1996 by Ord. No. 146.
No junkyards or auto graveyards shall be permitted
within the confines of this Township.
No stockyards shall be permitted within the
confines of this Township.
Pigs shall not be kept in any district of the
Township other than AGR Agricultural, and piggeries shall not be permitted
in any district of the Township.
A.
Not more than four dogs over three months old shall
be kept on any lot except where a commercial dog kennel is otherwise
permitted by this chapter or on a farm of over 10 acres (provided
that all dogs on such farm are privately owned by the property owner).
The boarding, commercial breeding and sale of dogs shall take place
only in such districts where commercial dog kennels are permitted.
[Amended 4-17-1996 by Ord. No. 146]
B.
Doghouses, kennels and pens. A pen or a kennel for
a dog shall in no instance be located in the required front or side
yards and not closer than 25 feet to the rear lot line. For the purpose
of this section, a fenced-in lot of a least 3/4 of its area is not
considered a pen.
A.
Livestock and poultry, whether kept for pleasure or
profit, shall not be housed nearer to front lot lines than 150 feet
and not closer to side and rear lot lines than 150 feet.
B.
No corrals or pens for animals shall be located within
100 feet of highways or 75 feet of other property lines where, due
to the activity of the animals, most of such areas are devoid of sod.
In all parts of the Township, no building may
be erected, altered or used and no lot or premises may be used for
any trade, processing or business which is noxious or offensive by
reason of odor, dust, smoke, gas, vibration, illumination, glare,
hazardous substances or noise which constitutes a public hazard, whether
by fire, explosion, hazardous materials or otherwise.
A.
School buses, mobile homes, trailers, recreational
vehicles, boats and the like shall not be parked or stored in any
of the required open spaces on any lot and when parked within the
building envelope shall be screened from off-lot viewing.
B.
The exterior storage of junk, including unregistered
and uninspected vehicles, is prohibited in all districts.
[Added 1-16-2008 by Ord. No. 222]
A.
The on-lot display for private sale of autos, motorcycles,
trucks, other over-the-road vehicles, motorized recreational vehicles,
all-terrain vehicles, campers and boats of all types is prohibited
in all zoning districts except as specifically permitted in this section.
B.
Property owners or occupants of properties are permitted
to display one noncommercially owned auto, motorcycle, truck, other
over-the-road vehicle, motorized recreational or all-terrain vehicle,
camper or boat for private sale on the property they occupy for a
maximum period of 30 days, no more than two times per calendar year,
provided there is a minimum of 60 days between such displays for sale
and the item for sale is lawfully owned for noncommercial purposes
by the owner or occupant of the property where the on-lot display
is located.
C.
The property owner or occupant shall file a registration
statement with the Township on a form provided by the Township at
least two but not more than 10 business days prior to the commencement
of the sale. The registration statement shall include the following
information:
(1)
The name, residence address and telephone number
of the property owner or occupant conducting the sale.
(2)
The make, model, license plate number and vehicle
identification number of the vehicle intended to be sold.
(3)
The commencement date of the sale and the date
on which the sale will end.
(4)
A certification signed by the property owner
or occupant that he or a member of his immediate family is the registered
owner of the vehicle to be sold.
(5)
A copy of the certificate of title or registration
for the vehicle shall be attached to the registration statement.
Notwithstanding the reference to public roads
in this chapter, roads may be privately owned if they are designed
and built according to Township specifications with a cartway width
of at least 24 feet and with stabilized shoulders of at least four
feet wide with the flowline a minimum distance from the edge of the
cartway of six feet, so that the roads would be acceptable to become
public roads, not to serve more than five lots each, and each lot
to be 90,000 square feet exclusive of any area within the fifty-foot
right-of-way in size, and with a definite ownership schedule filed
with the Township as to the owner(s) of the roads and any other conditions
that the Board of Supervisors may see prudent to require.
[Amended 4-17-1996 by Ord. No. 146]
In the case of lots with more than one street
frontage, the yards abutting a street shall be treated as front yards
with respect to all regulations contained in this chapter. Of the
remaining yards on such a lot, at least one such yard shall be treated
as a rear yard and any other yards shall be treated as side yards.
Windmills shall be maintained in only rear yards
so that there is no noticeable noise in their operation beyond property
lines and shall be located at least two feet away from all property
lines for each foot of height, with a minimum distance of 80 feet
away from property lines.
A.
In single-family detached residential districts, satellite
earth stations are permitted as accessory uses only and are subject
to the following regulations:
(1)
No more than one satellite earth station per
lot.
(2)
Ground-mounted satellite earth stations are
permitted in rear yards only.
(3)
Ground-mounted satellite earth stations may not exceed 11 feet in height. The satellite earth station must be set back from side and rear property lines a minimum distance equal to the setbacks required for accessory buildings as set forth in § 150-177.
(4)
Roof-mounted satellite earth stations are not
permitted on buildings less than 40 feet in height.
(5)
Use of the satellite earth station is limited
to the property on which it is located.
(6)
Ground-mounted satellite earth stations must
be screened from streets or abutting residential properties with suitable
planting.
B.
In all other districts, satellite earth stations are
permitted as accessory uses only are subject to the following regulations:
(1)
Roof-mounted satellite earth stations are permitted
only on buildings 35 feet or greater in height.
(2)
Ground-mounted satellite earth stations are
not permitted between the principal building and any abutting street.
(3)
Satellite earth stations which are not used
for transmitting to other properties shall have a maximum height of
11 feet.
(4)
Ground-mounted satellite earth stations placed
in yards abutting residential district shall be screened with suitable
planting.
In every single-family residential district,
any lot that abuts a highway shall have the setback requirement for
that respective yard doubled in size. For the purpose of this section
only, roads shall be considered highways if the ultimate right-of-way
exceeds 75 feet in width.
[Amended 4-2-2013 by Ord. No. 242]
A.
Exterior lighting of a building or grounds, in any district in the
Township, shall be color-corrected illumination which shall not be
more than 12 feet above grade, shall be screened so as not to permit
the source of illumination to be seen from off the premises, shall
not cast measurable illumination off the subject property and shall
not create a nuisance or intrusion to the privacy of adjacent property
owners or the public.
B.
Exterior lighting of athletic fields.
(1)
FIXTURE
FIXTURE BANK
FOOTCANDLE
GLARE
IESNA
INDEPENDENT LIGHTING CONSULTANT
Definitions. As used in this section, the following terms shall
have the meanings indicated:
A self-contained lighting unit consisting of a lamp or lamps
and ballasts as applicable, together with the components designed
to distribute the light, including but not limited to reflectors,
lenses, diffusers, and baffles, to position and protect the lamps,
and to connect the lamps to their power supply. (A fixture may also
be referred to as a "luminaire".)
An array of two or more fixtures arranged and mounted on
a pole to provide a prescribed light pattern on a playing surface.
(A fixture bank may also be referred to as a "mounting assembly".)
A unit of illuminance. A footcandle is the illuminance on
a surface one square foot in area on which there is a uniformly distributed
flux of one lumen.
Light entering the eye directly from sources, including but
not limited to the light from an individual fixture, a fixture bank,
or reflected from any surface of a fixture, fixture bank, or its support
systems, that causes visual discomfort and/or loss in visual performance
so as to jeopardize health, safety or welfare.
The Illuminating Engineering Society of North America and
the recognized technical authority on lighting system specifications
for the United States.
A company including one or more licensed engineers certified
by the National Council on Qualifications for the Lighting Professions
and/or with one or more members in good standing with the IENSA or
the International Association of Lighting Designers, and with at least
five years of experience in designing outdoor lighting systems, or
an individual with these same qualifications.
(2)
Notwithstanding the height limitation set forth in § 150-200A, exterior lighting of athletic fields on the grounds of a public or private high school shall be permitted to exceed 12 feet in height above grade when a conditional use is granted by the Township Board of Supervisors. The maximum pole height, the number of poles, the location of poles and the screening of the fixtures shall be approved by the Board of Supervisors to insure that such lighting complies with the requirements of this section. No light pole heights shall be approved any higher than absolutely necessary to achieve safe, appropriate levels of illumination of an entire field for athletic events, without permitting the spillage of illumination off the school property in excess of the limitations set forth below. Notwithstanding anything in this Subsection B(2) to the contrary, no light pole shall be approved which exceeds 85 feet in height.
(3)
Lighting fixtures shall be set back a minimum of 1.1 times the
permitted height of the lighting structure from all school property
lines adjacent to residentially zoned properties and abutting rights-of-way.
(4)
Lighting plans and fixtures shall be designed by a certified
lighting professional employed by a lighting system manufacturer or
lighting engineering firm or lighting consulting firm and shall incorporate
the maximum cutoff design which is reasonably possible in order to
eliminate preventable light or glare spillover to adjacent properties,
abutting rights-of-way, or the sky above the illuminated fields. Glare
control and light trespass shall be achieved primarily through the
use of such means as cutoff fixtures, shields and baffles, and the
appropriate application of fixture mounting height, wattage, aiming
angle and placement as approved by the Township or any professional
consultants it chooses to employ. Vegetative screens shall not be
employed to serve as the primary means for controlling glare. However,
vegetative screens may be required as a secondary means for controlling
glare as approved or required by the Township in its conditional use
decision.
(5)
The intensity of illumination projected onto a neighboring residentially
zoned property or right-of-way shall not exceed 0.1 horizontal footcandles
measured three feet above the ground and 0.5 vertical footcandles
measured five feet above the ground (with the meter for vertical measurement
aimed at the brightest fixture bank) at the property line or edge
of pavement in the case of an abutting right-of-way.
(6)
The source of illumination (lamp source) shall not be visible
from any point off the school property unless no commercially reasonable
design alternative exists to accomplish such shielding of the light
source. The source of illumination shall nevertheless be shielded
to the maximum extent possible under the conditions presented. Should
more than one row or level of fixtures be required on a pole, the
fixtures shall be staggered and all surfaces potentially visible off
site shall be coated with a flat or matte black finish to reduce reflected
glare from the fixture housings to minimal levels. If supporting structures
will be illuminated by light from the fixtures mounted on such structures,
they shall also be coated with a flat or matte black finish.
(7)
Lighting system controls shall be designed to permit the automatic
and manual limitation and adjustment of both the times when any lighted
field is illuminated and the intensity of the illumination on any
field in accordance with this section.
(8)
Illumination intensities on the school athletic fields shall
be limited to the minimum safe levels appropriate for the type of
activity on the illuminated fields in accordance with available industry
(Illuminating Engineering Society of North America), sport or league
(i.e., PIAA) standards. Such intensity levels shall be suggested by
the applicant during any conditional use proceeding under this section
and appropriate, safe levels shall be specified in the conditional
use decision of the Board of Supervisors.
(9)
Because of the potential impact of lighting athletic fields
in close proximity to residential uses, the Township shall be authorized
to retain an independent lighting professional to review the design
of any lighting system proposed by an applicant and present testimony
and/or a written report at the required conditional use proceeding.
In addition, following the installation of the lighting system and
prior to its use for nighttime sports or other permitted activities,
the system's performance shall be evaluated. Light readings shall
be taken by a representative of the lighting system manufacturer with
a light meter calibrated within one year of the testing. Measurements
shall be conducted under the direct supervision of the Township's
independent lighting consultant to insure that the system's performance,
including but not limited to, the horizontal and vertical light trespass
and glare standards and average field illuminance values (if any)
of this section and the conditional use decision, have been met. Full
compliance with all provisions of this section and the conditional
use decision shall be demonstrated to the satisfaction of the Township
before the fields can be illuminated for any permitted activity. The
costs of reaching such full compliance shall be borne by the applicant
and/or its lighting system vendors. The reasonable costs of such reviews
(not to exceed $5,000) shall be added (as an escrow) to the normal
conditional use application fee and collected from the applicant at
the time of the filing of the application.
(10)
All activities or events proposed for a lighted field shall
be scheduled so that they shall be expected to end no later than 9:00
p.m. prevailing time Monday through Thursday and no later than 10:00
p.m. prevailing time Friday and Saturday. No use of the lights shall
be permitted on Sundays. An additional 1/2 hour of lighting at a reduced
intensity shall be permitted after the conclusion of an activity or
event to allow for the safe exit of participants and spectators from
the premises and the cleanup of the field and surrounding area.
(11)
The illumination of school athletic fields under this section
shall be limited to one field which can accommodate more than 200
spectators and one other field.
(12)
No field shall be lighted in the early morning for practices
or other permitted activities. No field shall be lighted during any
time when no activity is taking place on the field or when an activity
on that field can be conducted safely in natural lighting.
(13)
Noise at illuminated events.
(a)
No music shall be allowed accessory to any event or activity,
on any illuminated athletic field under this section, except live
music provided by the school band or bands from visiting schools.
(b)
Use of a public address ("PA") system for events at any illuminated
athletic field shall be limited to announcements that are consistent
with and required by the nature of the event. For example, announcing
scores, player replacements, identification of bands, band leadership
positions or soloists, security announcements, etc. In addition, a
PA system may be used in connection with school commencement exercises;
the playing of the National Anthem; or recorded music for cheerleader,
color guard, or similar practices, on any illuminated field. PA system
speakers shall be oriented in a way (and shall have their volume levels
adjusted in a way) that reasonably minimizes sound intrusion levels
on adjacent properties.
(c)
Music by the school band and bands from visiting schools shall
be permitted at any event or activity on an illuminated athletic field
under this section.
(d)
No illuminated school athletic field shall be used as a venue
for amplified music or concerts of amplified music except for the
amplified singing of the National Anthem at any permitted event.
(e)
None of the noise restrictions in this or any other Township
ordinance shall be applicable to unamplified sounds from participants
and spectators at athletic events, including live, unamplified band
music.
[Amended 7-21-1999 by Ord. No. 173]
Home occupations shall meet the following requirements:
A.
Home occupations shall be in accordance with the following
criteria. Home occupations are permitted by special exception in all
single-family detached, residential dwellings and must meet the following
criteria:
(1)
Subject only to the exception set forth in Subsection
(A)(2) below, the home occupation shall be conducted solely by resident
occupants of the residential dwelling.
(2)
No more than one additional person (not a resident
in the dwelling) shall be employed by the practitioner of the home
occupation to provide secretarial, clerical or other similar assistance.
(3)
The home occupation does not generate the need
for any more than two parking spaces in excess of those required for
the residence.
B.
All home occupations shall meet the following standards:
(1)
No more than 500 square feet of the area or
the equivalent of 1/2 of the first floor area of the dwelling, whichever
is smaller, may be used for the home occupation.
(2)
Home occupations must be conducted entirely
within the dwelling.
(3)
The home occupation shall not have any business-related
exterior storage or display of goods and/or merchandise.
(4)
The home occupation shall not alter the exterior
of the dwelling.
(5)
The conducting of a retail or wholesale business,
clinic, hospital, barber shop, realtor, beauty parlor or other personal
service shop, restaurant, motel, hotel, animal hospital, mortuary
or any similar use shall not be deemed to be a home occupation.
(6)
The operation of a family day-care home and/or
group day-care home shall not be considered a home occupation.
(7)
There shall be no deliveries to or from a home
occupation from a vehicle with more than two axles.
(8)
No home occupation shall require trash pick-up
in excess of that required normally in single-family detached residential
areas.
(9)
The use of noxious, combustible, explosive or
other materials that would endanger the health and safety of the occupants
and surrounding residents are prohibited.
(10)
No occupational sounds shall be audible outside
the dwelling.
(11)
No machinery or equipment shall be used which
will cause interference with the radio or television reception of
neighboring residences.
(12)
No retail sales are to be conducted in person
on the premises. Sales by telephone or via the internet are permitted,
provided that no other criteria or standard of this section is violated.
(13)
A "home office" is not subject to these regulations
and is defined as office use by a resident occupant primarily involving
paperwork and the use of telephone or computer and not including:
[1]
Editor's Note: Former § 150-202, Application; review
and approval or disapproval by the Board of Supervisors, was repealed 10-20-2021 by Ord. No.
287.
Detention basins shall be allowed in the required
yard areas only in accordance with the following regulations:
A.
Single-family residential districts. In all single-family residential districts where the lot is used for single-family residential purposes, no part of any detention basin shall occupy more than 25% of the required yard area, measured as to linear dimension or surface area. The detention basins shall be located on the perimeter of the lot, shall be entirely within the lot lines and shall be located as far from the dwelling as possible. If a property in a single-family residential district is used for other than a single-family residential dwelling, detention basins shall be located in accordance with Subsection C below. No detention basin shall be located closer than 50 feet to any building in a single-family residential district (except in the AGR District where such minimum distance shall be 75 feet), whether such building is on the same lot as the detention basin or on any adjacent lot.
B.
Multifamily residential districts. In all multifamily
residential districts where the lot is used for multifamily residential
purpose no part of any detention basin shall be located in the required
yard area of any individual dwelling unit. No part of any detention
basin shall occupy more than 35% of the required yard area, measured
as to linear dimension or surface area, of any district yard. No detention
basin shall be located closer to any building containing two or more
multifamily dwelling units than the minimum distance required between
buildings in the applicable zoning district.
C.
Nonresidential districts. In all nonresidential districts,
no part of any detention basin shall occupy more than 15% of the required
yard area, measured as to linear dimension or surface area. No detention
basin shall be located within 50 feet of any building, whether said
building is on the same lot or on any adjacent lot.
[Amended 4-17-1996 by Ord. No. 146]
D.
General regulations in all districts. In all districts,
no part of any detention basin shall occupy any area or portion of
the pedestrian or vehicular circulation system on the lot. No part
of any detention basin shall be located within 25 feet of any property
line. All manufactured parts of any detention basin shall be screened
by evergreen planting so as to be not visible from off of the property.
Detention basins shall not cross property lines.
[Added 8-19-1998 by Ord. No. 166]
A.
Wetlands shall not be filled or regraded, except as
permitted by state and federal wetlands regulations.
B.
Buildings, parking lots and other structures, except
fences, shall be set back at least 25 feet from wetlands.
C.
Wetlands shall remain undisturbed, except for the
following activities, which are permitted by conditional use:
(1)
Corridor crossings by farm vehicles and livestock,
recreational trails, roads, railroads, centralized sewer and/or water
lines and public transmission lines, provided that such crossings
comply with state and/or federal regulations.
(3)
Limited thinning and pruning of landscaping
in order to remove or repair dead, diseased or damaged trees and in
order to improve overcrowded conditions.
(4)
Construction of fences.
