It is the intent of this article to provide special controls and regulations for particular uses that may be permitted by right, by special exception, or by conditional uses within the various zoning districts established in this chapter. In addition to the general criteria listed in §
185-113C(2) (for special exceptions) and §
185-122B (for conditional uses), where applicable, the following sets forth standards that shall be applied to each individual use. These standards must be satisfied prior to approval of any application for a special exception or conditional use and/or issuance of a zoning permit. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for the selected use specify different standards; in such cases, the specific use standards shall apply.
Accessory farm dwellings are subject to the
following criteria:
A. No more than one accessory farm dwelling shall be
permitted on a farm.
B. The minimum lot area and building setback requirements
of the respective zoning district shall apply to the principal and
accessory farm dwellings individually.
C. The off-street parking requirements of this chapter
shall apply to each dwelling.
D. All water supply and sewage disposal facilities shall
be approved by the appropriate agencies prior to the issuance of a
building permit for the accessory farm dwelling.
E. The location of the accessory farm dwelling must also
conform to the requirements of the applicable Subdivision and Land
Development Ordinance.
Adult-related facilities are subject to the
following criteria:
A. An adult-related facility shall not be permitted to
be located within 1,000 feet of any other adult-related facility.
B. No adult-related facility shall be located within
600 feet of any Rural, R-1 or R-2 zoned land.
C. No establishment shall be located within 600 feet
of any parcel of land that contains any one or more of the following
specified land uses:
(1) Amusement park, amusement arcade and commercial recreation
facility.
(2) Camp (for minors' activity).
(4) Church or other similar religious facility.
(9) School or athletic field.
(10)
Other lands where minors congregate.
(12)
Hotels, motels and tourist homes.
D. The distance between any two adult entertainment establishments
shall be measured in a straight line, without regard to intervening
structures, from the closest point on the exterior parcel line of
each establishment. The distance between any adult entertainment establishment
and any land use specified above shall be measured in a straight line,
without regard to intervening structures, from the closest point on
the exterior parcel line of the adult entertainment establishment
to the closest point on the property line of said land use.
E. No materials, merchandise, or film offered for sale,
rent, lease, loan or for view upon the premises shall be exhibited
or displayed outside of a building or structure.
F. Any building or structure used and occupied as an
adult-related facility shall be windowless or have an opaque covering
over all windows or doors of any area in which materials, merchandise,
or film is exhibited or displayed, and no sale materials, merchandise
or film shall be visible from outside of the building or structure.
G. No sign shall be erected upon the premises depicting
or giving a visual representation of the type of materials, merchandise
or film offered therein.
H. Each entrance to the premises shall be posted with
a notice specifying that persons under the age of 17 years are not
permitted to enter therein and warning all other persons that they
may be offended upon entry.
I. No adult-related facility may change to another adult-related
facility, except upon approval of an additional conditional use.
J. The use shall not create an enticement for minors
because of its proximity to nearby uses where minors may congregate.
K. No unlawful sexual activity or conduct shall be permitted.
L. No more than one adult-related facility may be located
within one building or shopping center.
Airports/heliports are subject to the following
criteria:
A. Minimum lot area: 30 acres.
B. All facilities shall be designed and operated in strict
compliance with all applicable state and federal laws and regulations.
C. The applicant shall furnish evidence of the obtainment
of a license from the Pennsylvania Department of Transportation Bureau
of Aviation prior to the approval of the conditional use application.
D. No part of the takeoff/landing strip and/or pad shall
be located nearer than 300 feet from any property line.
Amusement arcades are subject to the following
criteria:
A. All activities shall take place within a wholly enclosed
building.
B. The applicant must furnish evidence as to how the
use will be controlled as to not constitute a nuisance due to noise
or loitering outside the arcade.
C. A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in §
185-38 of this chapter.
D. A working plan for the cleanup of litter shall be
furnished and implemented by the applicant.
Animal hospitals and veterinary facilities are
subject to the following criteria:
A. All animal boarding buildings that are not wholly
enclosed, and any outdoor animal pens, stalls, or runways, shall be
located within the rear yard.
B. All animal boarding buildings that are not wholly
enclosed, and any outdoor animal pens, stalls, or runways, shall be
a minimum of 100 feet from all property lines.
C. All outdoor pasture/recreation areas shall be enclosed
to prevent the escape of the animals; all such enclosures shall be
set back a minimum of 10 feet from all property lines.
D. All animal wastes shall be properly stored and disposed
of so as not to be objectionable at the site's property line. All
animals, their housing, and their outdoor pasture/recreation areas
shall be properly maintained so as not to become a nuisance to adjoining
properties.
E. Outdoor animal pens, stalls or runways are not allowed
in the VC Zone.
Automobile filling stations, including minor
incidental repair, are subject to the following criteria:
A. The subject property shall have a minimum width of
125 feet.
B. The subject property shall front on an arterial or collector road as defined in §
185-41.
C. The subject property shall be set back at least 300
feet from any lot containing a school, day-care facility, playground,
library, hospital or nursing, rest or retirement home.
D. The outdoor storage of motor vehicles (whether capable
of movement or not) for more than one week is prohibited; provided,
however, the outdoor storage of one motor vehicle completely covered
by an intact automobile cover may be stored in the rear yard.
E. All structures, including gasoline pump islands but
not permitted signs, shall be set back at least 30 feet from any street
right-of-way line.
F. No outdoor storage of automobile parts (new or used)
shall be permitted. No discarded automobile parts shall remain on
the site for more than one week from when they are removed from the
vehicle.
G. Access driveways shall be a maximum of 30 feet wide
and separated by 75 feet from one another if located along the same
frontage as measured from edge to edge.
H. All ventilation equipment associated with fuel storage
tanks shall be set back 100 feet and oriented away from any adjoining
residentially zoned properties or property in residential use.
Automobile service and repair facilities, including
but not limited to auto mechanics, drive-through lubrication services
and tires, auto paint, brake, muffler, transmission, windshield, auto
body, car radio and upholstery shop, are subject to the following
criteria:
A. All service and/or repair activities shall be conducted
within a wholly enclosed building.
B. All uses involving drive-through service shall provide
sufficient on-site stacking lanes to prevent vehicle backups on adjoining
roads.
C. No outdoor storage of parts, equipment, lubricants,
fuel or other materials used or discarded, as part of the service
or repair operation, shall be permitted.
D. All exterior vehicle storage areas shall be screened
from adjoining residentially zoned properties or property in residential
use.
E. The storage of unlicensed vehicles is prohibited.
F. Any ventilation equipment outlets associated with
the service/repair work area(s) shall not be directly towards any
adjoining residentially zoned property or property in residential
use.
G. All vehicles shall be repaired and removed from the
premises promptly.
H. The demolition or junking of automobiles is prohibited.
Bed-and-breakfasts, as defined herein, are subject
to the following criteria:
A. No modifications to the external appearance of the
building (except fire escapes) which would alter its residential character
shall be permitted.
B. All floors above grade shall have direct means of
escape to ground level.
C. One off-street parking space shall be provided for
each room available for rent, in addition to those required for the
dwelling unit.
D. All parking areas shall be set back a minimum of 25
feet from all property lines.
E. A bed-and-breakfast may erect one sign no larger than
12 square feet in size. Such sign must be set back 10 feet from all
lot lines.
F. An approved means of sewage disposal and water supply
shall be provided.
G. The applicant shall furnish proof of approval from
the Pennsylvania Department of Labor and Industry.
Beekeeping is subject to the following criteria:
A. It shall be the duty of the applicant to maintain
each colony so as not to create a public nuisance.
B. Colonies shall be maintained in movable frame hives.
C. Hives shall be located only within the rear yard and
shall be situated to maximize sunshine exposure and/or natural wind
protection.
D. Hives shall be located no closer than 100 feet from
any property line unless a six-foot-high fence or hedge is located
along any adjoining property lines for a distance at least 100 feet
from the hive(s). In no case shall hives be located within 50 feet
of any property line.
E. All hives shall have access to an on-site water supply.
Unless a natural water supply exists on the subject property, the
applicant shall furnish a water-filled tank with a board or crushed
rock for the bees to land on.
F. Hives shall not be oriented to children's play areas
or neighboring properties.
G. Adequate techniques in handling bees, such as requeening
and adequate hive space, shall be maintained to prevent unprovoked
stinging 75 feet or more from the hive.
Billboards are subject to the following criteria:
A. No billboard shall be located within 1,000 feet of
another billboard.
B. All billboards shall be a minimum of 50 feet from
all side and rear property lines.
C. All billboards shall be set back at least 35 feet
from any street right-of-way lines.
D. All billboards shall be set back at least 100 feet
from any land within a Rural, R-1 or R-2 Residential Zone.
E. No billboard shall obstruct the view of motorists
on adjoining roads or the view of adjoining commercial or industrial
uses, which depend upon visibility for identification.
F. No billboard shall exceed an overall size of 300 square
feet, nor exceed 25 feet in height.
G. Lighting shall be arranged so to prevent glare on
adjoining existing residences, residentially zoned properties and
roads.
Boardinghouses are subject to the following
criteria:
A. Minimum lot area: two acres.
B. The applicant shall furnish evidence that approved
systems for sewage disposal and water supply shall be used.
C. No modifications to the external appearance of the
building (except fire escapes) which would alter its residential character
shall be permitted.
D. All floors above grade shall have direct means of
escape to ground level.
E. One off-street parking space shall be provided for
each room available for rent, in addition to those required for the
dwelling unit.
F. All parking areas shall be set back a minimum of 25
feet from all property lines.
G. Meals shall be offered only to registered tenants.
H. No signs advertising the use shall be permitted.
I. The applicant shall furnish evidence of approvals
granted by the Pennsylvania Department of Labor and Industry.
Campgrounds are subject to the following criteria:
A. Minimum lot area: 10 acres.
B. Setbacks. All campsites shall be located at least
50 feet from any side or rear property line and at least 100 feet
from any street line.
C. Each campsite shall be at least 3,000 square feet
in size and shall either provide parking space for one automobile
which will not interfere with the convenient and safe movement of
traffic, or equivalent parking shall be provided in a common parking
area.
D. An internal road system shall be provided. The pavement
width of one-way access drives shall be at least 14 feet, and the
pavement width of two-way access drives shall be at least 24 feet.
On-drive parallel parking shall not be permitted.
E. All outdoor play areas shall be set back 100 feet
from any property line and screened from adjoining residentially zoned
properties. Such outdoor play areas shall be used exclusively by registered
guests and their visitors.
F. All campgrounds shall furnish centralized sanitary
and garbage collection facilities that shall be set back a minimum
of 100 feet from any property line. Such facilities shall be screened
from adjoining residentially zoned properties.
G. Any accessory retail or service commercial uses shall
be set back a minimum of 100 feet from any property line. Such accessory
commercial uses shall be solely designed and constructed to serve
the campground's registered guests and their visitors. Any parking
spaces provided for these commercial uses shall have vehicular access
from the campground's internal road rather than the public street.
All accessory commercial uses and related parking shall be screened
from adjoining residentially zoned parcels.
H. All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street as listed in §
185-41.
I. A campground may construct one freestanding or attached
sign containing no more than 32 square feet. Any reference to accessory
commercial or recreational facilities shall remain secondary in size
to the reference of the principal campground use. Such sign shall
be set back at least 10 feet from the street right-of-way line and
at least 25 feet from adjoining lot lines.
J. A minimum of 20% of the gross area of the campground
shall be devoted to active and passive recreational facilities. Responsibility
for maintenance of the recreation area shall be with the landowner.
Should the landowner neglect to maintain the recreation area, the
Board of Supervisors shall then maintain the area and shall assess
the landowner for any costs incurred.
K. Every campground shall have an office in which shall
be located the office of the person responsible for operation of the
campground.
L. All water facilities, sewage disposal systems, rest
rooms, solid waste disposal and vector control shall be approved and
maintained in accordance with the requirements of the PADEP.
M. All lighting shall be arranged and shielded so that
no glare or direct illumination shall be cast upon adjacent properties
or public streets.
Car washes are subject to the following criteria:
A. Public sewer and water facilities shall be utilized;
however, where public water and sewer facilities are not available,
private, on-lot recycled water systems shall be required.
B. Each washing bay shall provide a one-hundred-foot-long
on-site stacking lane.
C. All structures housing washing apparatuses shall be
set back 100 feet from any street right-of-way line, 50 feet from
any rear property line, and 20 feet from any side lot line.
D. Trash receptacles shall be provided and routinely
emptied to prevent the scattering of litter.
Cemeteries are subject to the following criteria:
A. Area and bulk regulations. All area and bulk regulations
of the prevailing zoning district shall apply with the following exceptions:
(1) The minimum lot size shall be 1/2 acre. In the A and
R Districts, the maximum lot size shall be five acres.
(2) The minimum lot width shall be 100 feet at the lot
frontage.
(3) All gravesites shall be set back a minimum of 10 feet
from any property lines, 20 feet from any street right-of-way line,
100 feet from any water supply or well and 100 feet from any Floodplain
Zone.
(4) All cemeteries created or expanded after October 1, 2003, shall be served by access drive(s) in accordance with §
185-26 of this chapter.
(5) Credible evidence shall be presented that demonstrates
that adequate traffic circulation and vehicle parking is available
on the site. Parking areas intended for overflow areas or for funeral
services need not be improved to the standards of this chapter.
(6) Refuse collection stations shall be provided at convenient
locations and shall be constructed as to prevent the escape of refuse
by wind, water or other natural elements and prevent animals, rodents,
etc., from entering.
B. Supplemental regulations.
(1) A visual screen shall be required where the lot abuts
an existing residential use or an R-1 or R-2 Residential Zoning District.
(2) The cemetery facilities shall be owned and maintained
in a manner to insure their preservation. The developer shall provide
for and establish an organization for the ownership and maintenance
of the cemetery, in a form acceptable to the Township Solicitor.
Churches and related uses are subject to the
following criteria:
A. Churches.
(1) The minimum lot area shall be two acres, and the minimum
lot width shall be 200 feet. The maximum lot area in the A District
shall be five acres, and the maximum lot area in the R District shall
be 10 acres.
(2) The minimum front, side and rear yards shall be 50
feet.
(3) The maximum lot coverage shall be 50%.
(4) All off-street parking facilities shall be at least 25 feet from the street right-of-way line and shall meet all requirements of §
185-38, Off-street parking requirements.
B. Church-related residences. Residences located on the
same parcel as the church shall be subject to the same standards for
detached single-family dwellings in the underlying district.
C. Church-related educational, recreational and/or day-care
facilities.
(1) If educational facilities are offered below the college
level, the applicant shall provide an outdoor plan which shall include
appropriate screening and buffering from adjacent residential properties.
(2) The application shall be accompanied by a plan which
demonstrates that adequate outdoor recreational facilities are being
provided.
(3) Student and child dropoff areas shall be designed
to eliminate the need to cross traffic lanes within or adjacent to
the site.
(4) The applicant shall provide a parking plan that justifies
that the proposed parking facilities are sufficient for the intended
use.
A. Within the R Zone, clubhouses are subject to the following
criteria:
(1) Screening shall be provided along any adjoining residentially
occupied or R-1 and R-2 residentially zoned property.
(2) Outdoor shooting ranges may be approved as an accessory
use to a private club, provided that sufficient setbacks, noise abatement
measures, and other safety measures shall be provided.
(3) The applicant must furnish evidence as to how the
use will be controlled so as not to constitute a nuisance due to noise
or loitering outside of the clubhouse.
B. Within the C Zone, clubhouses for private clubs are
subject to the following criteria:
(1) All clubhouses and related facilities (e.g., pavilions,
parking lots, shooting ranges, etc.) shall be at least 100 feet from
all property lines.
(2) Outdoor shooting ranges may be approved as an accessory
use to a private club, provided that sufficient setbacks, noise abatement
measures, and other safety measures shall be provided.
(3) The applicant must furnish evidence as to how the
use will be controlled so as not to constitute a nuisance due to noise
or loitering outside of the clubhouse.
Cluster developments are subject to the following
criteria:
A. The minimum area devoted to a cluster development
shall be 10 acres.
B. All units contained with a cluster development shall
be served by public sewer and public water utilities.
C. Lot design requirements: See Table 4-1.
TABLE 4-1
|
---|
Use
|
Minimum Lot Area
(square feet)
|
Maximum Net Density
(units/net acre)
|
Width1
(feet)
|
Maximum Lot Coverage
|
Minimum Front Yard
(feet)
|
Minimum One Side
(feet)
|
Side Yard
(Both sides)
(feet)
|
Rear Yard
(feet)
|
---|
Single-family detached dwellings
|
6,000
|
6.8
|
60
|
45%
|
25
|
10
|
(204)
|
25
|
Duplexes
|
5,000
|
7.26
|
45
|
50%
|
25
|
10
|
(NA)
|
25
|
Townhouses2
|
1,800
|
9.0
|
18
|
65%
|
20
|
15
|
(End Units)
|
20
|
Multiple-family3
|
87,120
|
9.0
|
200
|
60%
|
30
|
30
|
60
|
30
|
NOTES:
|
---|
1
|
Minimum lot width shall be measured
at the building setback line; in no case shall a lot's width, as measured
along its frontage, be less than 70% of that required at the building
setback line. Lot widths required at the frontage shall be measured
along a line paralleling the street line, even if it is curvilinear.
|
2
|
No townhouse grouping shall contain
more than eight units. For each townhouse grouping containing more
than four units, no more than 60% of such units shall have the same
front yard setback the minimum variation of setback shall be two feet.
In addition, no more than two contiguous units shall have identical
rooflines that generally parallel the ground along the same horizontal
plane. All townhouse buildings shall be set back a minimum of 15 feet
from any parking facilities contained on commonly held lands. All
townhouse buildings shall be set back at least 30 feet from any perimeter
boundary of the development site. In those instances where several
townhouse groupings are contained upon the same lot, the standards
listed in the following Note 3 shall apply.
|
3
|
In those instances where several multiple-family
dwelling buildings and/or townhouse groupings are located on the same
lot, the following separation distances will be provided between each
building:
|
|
a.
|
Front to front, rear to rear, or front
to rear, parallel buildings shall have at least 50 feet between faces
of the building. If the front or rear faces are obliquely aligned,
the above distances may be decreased by as much as 10 feet at one
end if increased by similar or greater distance at the other end.
|
|
b.
|
A minimum yard space of 30 feet is
required between end walls of buildings. If the buildings are at right
angles to each other, the distance between the corners of the end
walls of the building may be reduced to a minimum of 20 feet.
|
|
c.
|
A minimum yard space of 30 feet is
required between end walls and front or rear faces of buildings.
|
4
|
Within cluster developments, single-family
detached dwellings may employ a zero-lot-line design when the following
conditions have been satisfied:
|
|
a.
|
One side wall of the structure may
be located no less than one inch from one of the side lot lines when
adjoining another zero-lot-line dwelling lot. The opposite side yard
shall be at least 20 feet wide.
|
|
b.
|
A perpetual four-foot wall-maintenance
easement shall be provided on the lot adjacent to the zero lot line.
Such easement shall prohibit the placement of structures that would
interfere with the maintenance of the wall located along the zero
lot line. Such easements shall be recorded on the deed of any zero
lot line lots.
|
|
c.
|
The wall of a dwelling located along
the zero lot line shall have no openings (e.g., windows, doors, air-conditioning
units, vents, etc.) unless such openings are located at least eight
feet above grade.
|
|
d.
|
The zero lot line dwelling shall be
designed to integrate interior and exterior living areas. The dwelling's
room layout and configuration of exterior walls should be coordinated
so that visibility and pedestrian access are readily provided between
indoor and outdoor living areas.
|
|
e.
|
All groupings of zero lot line dwellings
shall be separated from other single-family detached dwellings on
conventional lots by a fifty-foot-wide landscaped buffer.
|
D. At least 40% of the cluster development site shall be devoted to common open space. Any area contained within the Floodplain Zone (as described in §
185-24 of this chapter) shall not be included as part of the calculated required open space. Required open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:
(1) Protection of important natural resources (e.g., streams,
ponds, wetlands, steep slopes, woodlands, unique geologic features,
wildlife habitats, aquifer recharge areas, etc.).
(2) Protection of important historical and/or archaeological
sites.
(3) Provision of usable play and recreation areas that
are conveniently accessible to residents within the cluster development
and the Township.
(4) Integration of greenbelts throughout the cluster development
that link residences with on-site or adjoining parks, schools, or
other similar features.
E. An essential element of the cluster development application
is a written description and plan for the disposition of ownership
of common open space land designating those areas to be offered for
dedication or to be owned by the specific form of organization proposed.
The common open space shall be owned and maintained in a manner to
insure its preservation. This shall be accomplished through one of
the following:
(1) An offer of dedication to the Township. The Township
shall not be obligated to accept dedication of the common open space.
(2) With permission of the Township, and with appropriate
deed restrictions in favor of the Township and in language acceptable
to the Township Solicitor, the developer may transfer ownership of
the common open space or a portion thereof to a private, nonprofit
organization among whose purposes is the preservation of open space
land and/or natural resources. The organization shall be a bona fide
conservation organization with a perpetual existence, the conveyance
must contain appropriate provision for reverter or retransfer if the
organization is unable to maintain the land, and the organization
must enter into a maintenance agreement with the Township.
(3) The developer shall provide for and establish an organization
for the ownership and maintenance of the common open space which shall
be generally consistent with the requirements for unit owners' associations
found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq. If such an organization is created, the agreements of sale
and deeds for all lots shall contain the following requirements in
language acceptable to the Township Solicitor:
(a)
Such organization shall not dispose of the common
open space by sale or otherwise, except to the Township, unless the
Township has given prior written approval. Such transfer shall be
made only to another organization that shall maintain the common open
space in accordance with this chapter.
(b)
The organization and all lot owners shall enter into a maintenance agreement with the Township and shall agree to be bound by the provisions of Article
VII of the Pennsylvania Municipalities Planning Code relating to the maintenance of deteriorating common open space by municipalities.
(c)
The Township may require the establishment of
a reserve fund to provide for maintenance of or capital improvements
to the common open space.
Day-care facilities are subject to the following
criteria:
A. An outdoor play area shall be provided, at a rate
of 100 square feet per individual enrolled. Off-street parking compounds
shall not be used as outdoor play areas. Outdoor play areas shall
not be located within the front yard and must be set back 25 feet
from all property lines. Outdoor play areas shall be completely enclosed
by a six-foot-high fence and screened from adjoining residentially
occupied or Rural, R-1 or R-2 zoned properties. Any vegetative materials
located within the outdoor play areas shall be of a nonharmful type
(poisonous, thorny, allergenic, etc.) All outdoor play areas must
provide a means of shade such as a shade tree(s) or pavilion(s).
B. Enrollment shall be defined as the largest number
of students and/or children under day-care supervision at any one
time during a seven-day period.
C. Passenger "dropoff" and "pickup" areas shall be provided
on site and arranged so that the passengers do not have to cross traffic
lanes on or adjacent to the site.
D. One off-street parking space shall be provided for
each six children enrolled.
E. Within the Business Campus (BC) Zone, no day-care
facility shall be located within 500 feet of any industrial use.
Recreation facilities are subject to the following
criteria:
A. Those uses involving extensive outdoor activities
shall provide sufficient screening and/or landscaping measures to
mitigate any visual and/or audible impacts on adjoining properties.
B. Any structures exceeding the maximum permitted height
may be permitted so long as they are set back from all property lines
at least the horizontal distance equal to their height, plus an additional
50 feet. Furthermore, such structures shall not be used for occupancy.
C. The applicant shall furnish evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to hours of operation, noise, light, litter, dust and pollution.
D. Required parking will be determined based upon the types of activities proposed and the schedule listed in §
185-38. In addition, the Supervisors may require an unimproved grassed overflow-parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
E. Any booths or other structures used for the collection
of admission and/or parking fees shall be set back and arranged to
prevent vehicle backups on adjoining roads during peak arrival periods.
Any other collection of fees (roaming parking lot attendants) shall
be conducted in a manner to prevent vehicle backups on adjoining roads.
If, at any time after the opening of the commercial recreation facility,
the Supervisors determine that traffic backups are occurring on adjoining
roads and such backups are directly related to the means of access
to the subject property, the Supervisors can require the applicant
to revise means of access to relieve the undue congestion.
A. General requirements for communications antennas and
communications buildings.
(1) Building-mounted communications antennas shall not
be located on any residential structure.
(2) Building-mounted communications antennas shall be
permitted to exceed the height limitations of the applicable zoning
districts by no more than 20 feet.
(3) Omnidirectional or whip communications antennas shall
not exceed 20 feet in height and seven inches in diameter.
(4) Directional or panel communications antennas shall
not exceed five feet in height and three feet in width.
(5) Any applicant proposing communications antennas to
be mounted on a building or other structure shall submit evidence
from a Pennsylvania-registered professional engineer certifying that
the proposed installation will not exceed the structural capacity
of the building or other structure, considering wind and other loads
associated with the antenna location.
(6) Any applicant proposing communications antennas to
be mounted on a building or structure shall submit detailed construction
and elevation drawings indicating how the antennas will be mounted
on the structure for review by the Township Engineer.
(7) Any applicant proposing communications antennas to
be mounted on a building or structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment can be accomplished.
(8) Communications antennas shall comply with all applicable
standards established by the Federal communications Commission governing
human exposure to electromagnetic radiation.
(9) Communications antennas shall not cause radio frequency
interference with other communications facilities located within Elizabeth
Township.
(10)
A communications equipment building shall be
subject to the height and setback requirements of the applicable zoning
district for an accessory building.
(11)
The owner and operator of communications antennas
shall be licensed by the Federal communications Commission to operate
such antennas and shall provide a copy of such license to the Township.
B. General requirements for communications towers.
(1) The applicant requesting a variance to establish a
communications tower in a residential district shall be required to
submit to the Township evidence of the need for the communications
tower and that all alternatives have been exhausted to constructing
the communications tower in a residential district. Applicants are
required to prove need by:
(a)
Providing evidence, including coverage diagrams
and technical reports, that, in terms of location and construction,
there are no existing towers, communications towers, buildings or
structures able to provide the platform for the necessary equipment
for one or more of the following reasons:
[1]
Planned equipment would exceed the structural
capacity of the existing communications towers, buildings or structures,
and existing communications towers, buildings or structures cannot
be reinforced to accommodate planned or equivalent equipment at a
reasonable cost; or
[2]
Planned equipment will cause interference with
other existing or planned equipment for that communications tower,
building or structure and the interference cannot be prevented at
a reasonable cost; or
[3]
Existing or approved communications towers,
buildings or structures do not have the space on which planned equipment
can be placed so it can function effectively and at least be in parity
with other similar equipment in place or planned; or
[4]
Other reasons make it impractical to place the
equipment by the applicant on existing and approved communications
towers.
(2) No communications tower shall be permitted within
Elizabeth Township that is of a height that would require attached
lighting as required by standards of the Federal Aviation Administration
(FAA). Other lighting shall be permitted in accordance with the provisions
contained elsewhere in this chapter.
(3) Communications towers may not be located on a lot
that is listed on a historic register or in an officially designated
state or federal historic district.
(4) Communications towers shall be no closer than 1,000
feet from another communications tower, such distance being measured
as a horizontal distance from tower to tower.
(5) The applicant for a communications tower must execute
an agreement with the Township, in a recorded instrument legally sufficient
to the Township, reviewed by the Solicitor, requiring the removal
of the communications tower within one year after the communications
tower ceases to function as such. Removal of the communications tower
shall include the tower, all appurtenances or component parts thereof,
including any associated buildings or structures.
(a)
Responsibility of owner and occupant of premises
for removal. No person, firm, or corporation owning or occupying any
property within Elizabeth Township shall permit, leave or cause to
be left any communications tower, appurtenances, or component part
thereof, including any associated buildings or structures on said
property, on and after the aforesaid one-year period. A communications
tower, all appurtenances or component part thereof, including any
associated buildings or structures so remaining on the premises after
the prescribed removal date, shall be deemed in violation of the provisions
of this section.
(b)
Notice to conform. Elizabeth Township is hereby
authorized and directed to give notice, by a personal service or U.S.
mail, to the owner or occupant, or both, as the case may be, by certified
mail of the violation of the provisions of this chapter and directing
and requiring said owner or occupant to conform with the requirements
of this chapter within 30 days after issuance of such notice.
(c)
Violations and penalties. In case any person,
firm or corporation shall neglect, fail or refuse to comply with said
notice within the period of time stated therein, Elizabeth Township
may enter the premises and remove the communications tower, all appurtenances
or component part thereof, including any associated buildings or structures.
In such event, all costs associated with the removal, together with
reasonable attorney's fees and any additional payment authorized by
law, may be collected by Elizabeth Township, from such person, firm
or corporation, in the manner provided by law for collection of municipal
claims or by an action of assumpsit.
(6) A security fence and gate, of approved design, of
not less than eight feet, including barbed wire at the top, shall
completely enclose the communications tower and anchor locations of
guy wire (if used). This fencing shall be designed to be compatible
with surrounding land uses.
(7) The applicant shall submit a landscaping plan. Landscaping
requirements shall be in accordance with the requirements of the governing
Subdivision and Land Development Ordinance.
(a)
Landscaping, consisting of approved evergreen
trees, shall be required at the perimeter of the security fencing.
Layout and type of trees permitted shall be as set forth in the Elizabeth
Township Subdivision and Land Development Ordinance.
(b)
This requirement may be waived by the Township
if there is existing acceptable vegetation along the property lines.
(8) A minimum of one parking space shall be required.
Spaces shall meet requirements of this chapter. Parking spaces may
be surfaced with a durable and dustless gravel surface.
(9) Access shall be provided to the communications tower
and communications equipment building by means of a public street
or easement of 20 feet in width and shall be improved to a width of
at least 12 feet.
(10)
Internal access to the communications tower
shall be provided by a minimum twelve-foot-wide driveway with a durable
and dustless surface, such as concrete or a bituminous surface, for
a minimum of 35 feet from the center line of any public street. The
length of the driveway beyond this 35 feet shall, at a minimum, be
surfaced with durable and dustless gravel.
(11)
Communications towers shall be fully automated
and unattended on a daily basis. The site shall be visited only for
periodic maintenance.
(12)
The communications equipment building shall
be identified as an accessory building, and the applicable regulations
for the host zoning district shall apply.
(13)
Guy wires, if utilized, may not be anchored
in any setback area of the host zoning district. Guy wires shall not
cross or encroach any overhead telephone or electric power lines.
(14)
Tower height shall be measured from the top
of the foundation to the top of the tower.
(15)
A security gate shall be required to be installed
a minimum of 45 feet from the center line of the public or private
roadway.
(16)
The applicant shall be required to have control
over any land that is within a required setback area of this chapter.
This control, submitted in writing, may be either in the form of ownership,
lease, or recorded easement, as reviewed by the Solicitor.
(17)
The applicant shall submit a copy of its current
Federal communications Commission license; the name, address and emergency
telephone number for the operator of the communications tower; and
a certificate of insurance evidencing general liability coverage in
the minimum amount of $1,000,000 per occurrence and property damage
coverage in the amount $1,000,000 per occurrence covering the communications
tower and communications antennas.
(18)
No communications tower shall be located closer
than 500 feet from any existing structure, playground, ball field
or other area used for active recreation within a municipal park or
school.
(19)
No more than 10,000 square feet of clear-cutting
of wooded areas shall be allowed for the site area of the communications
tower.
C. Additional conditions applicable to communications towers and equipment buildings located in residential districts. In addition to the conditions stated in Subsection
B, setbacks shall be no less than 150 feet from adjacent property lines and public road right-of-way lines. Such distance shall be in a straight line from the communications tower to the appropriate line.
D. Additional conditions applicable to communications towers and equipment buildings located in Conservation, Agricultural Rural, Village Commercial, Highway Commercial and Industrial Zones. In addition to the conditions stated in Subsection
B, setbacks shall be no less than 50% of the tower height from adjacent property lines and public road right-of-way lines. Such distance shall be in a straight line from the communications tower to the appropriate line. This setback shall be increased to 150 feet if any residential zoning district abuts the property in which the communications tower is located.
E. General requirements for co-location of facilities.
The applicant for the co-location of facilities shall be required
to submit a building permit application for approval.
Convenience stores are subject to the following
criteria:
A. Access shall be via an arterial or collector road as identified in §
185-41.
B. Vehicle fuel dispensing facilities are permitted in conjunction with convenience stores in the HC Zone. Such dispensing facilities shall conform to the relevant requirements of §
185-52.
Drive-through and/or fast-food restaurants are
subject to the following criteria:
A. Exterior trash receptacles shall be provided and routinely
emptied so to prevent the scattering of litter. All applications shall
include a description of a working plan for the cleanup of litter.
B. All drive-through window lanes shall be separated
from the parking lot's interior driveways.
C. Any exterior speaker/microphone system shall be arranged
and/or screened to prevent objectionable noise impact on adjoining
properties.
D. All exterior play areas shall be completely enclosed
by a minimum three-foot-high fence.
E. No part of the subject building shall be located within
200 feet of any residentially zoned land or land in existing residential
use.
Dry cleaners, laundries and laundromats are
subject to the following criteria:
A. Public sewer and water shall be used; however, where
public water and sewer facilities are not available, private, on-lot
recycled water systems shall be required.
B. All activities shall be conducted within a completely
enclosed building.
C. During operation or plant cleanup and maintenance,
all windows and doors on walls facing adjoining residential zones
and existing residences shall be kept closed.
D. Any exhaust ventilation equipment shall be directed
away from adjoining residentially zoned property and existing residences.
E. Self-service laundromats shall require one off-street
parking space for each two washing machines; other laundry-related
uses shall provide one off-street parking space for each 400 square
feet of gross floor area.
F. During operation, all windows and doors on walls facing
adjoining residential zones and existing residences shall be kept
closed.
A. ECHO housing is subject to the following criteria:
(1) The elder cottage may not exceed 900 square feet of
floor area.
(2) The total building coverage for the principal dwelling,
any existing accessory structures and the elder cottage together shall
not exceed the maximum requirement for the zoning district in which
the elder cottage is located.
(3) The elder cottage shall be occupied by either an elderly,
handicapped or disabled person related to the occupants of the principal
dwelling by blood, marriage or adoption.
(4) The elder cottage shall be occupied by a maximum of
two people.
(5) Utilities.
(a)
For sewage disposal and water supply and all
other utilities, the elder cottage shall be physically connected to
those systems serving the principal dwelling. No separate utility
systems or connections shall be constructed or used. All connections
shall meet the applicable utility company standards.
(b)
If on-site sewer or water systems are to be
used, the applicant shall submit evidence to the Zoning Hearing Board
showing that the total number of occupants in both the principal dwelling
and the elder cottage will not exceed the maximum capacities for which
the one-unit systems were designed, unless those systems are to be
expanded, in which case the expansion approvals are to be submitted.
Any connection to or addition to an existing on-site sewer system
shall be subject to the review and approval of the Sewage Enforcement
Officer.
(6) A minimum of one off-street parking space, with unrestricted
ingress and egress to the street, shall be provided for the elder
cottage, in addition to that required for the principal dwelling.
(7) The elder cottage shall be installed and located only
in the side or rear yards and shall adhere to all side and rear yard
setback requirements for principal uses.
(8) The elder cottage shall be removed from the property
within 12 months after it is no longer occupied by a person who qualifies
for the use.
(9) Upon the proper installation of the elder cottage,
the Zoning Officer shall issue a temporary zoning permit. Such permit
shall be reviewed every 12 months until such time as the elder cottage
is terminated.
B. Accessory apartments are subject to the following
criteria:
(1) The habitable floor area of the accessory apartment shall conform to the minimum habitable floor area requirements of §
185-34.
(2) Only one accessory apartment may be permitted within
a single-family detached dwelling or on a single-family detached lot.
(3) An accessory apartment may only be permitted and may
only continue in use as long as the principal dwelling is occupied
by the owner of said dwelling.
(4) The lot area for the principal dwelling shall meet
the minimum lot area requirement for the applicable district where
located.
(5) Except for an exterior stairway, the exterior architectural
character of the principal dwelling shall not be altered in a manner
that departs from the primary feature of the building as a single-family
detached dwelling unit.
(6) One additional off-street parking space shall be provided.
(7) The applicant shall submit a plan and supporting documentation
to establish compliance with the dimensional requirements of the district
in which the lot is located and architectural compatibility.
(8) The accessory apartment shall be occupied by either
an elderly, handicapped or disabled person related to the occupants
of the principal dwelling by blood, marriage or adoption.
(9) The accessory apartment shall be occupied by a maximum
of two people.
(10)
Utilities.
(a)
For sewage disposal and water supply and all
other utilities, the accessory apartment shall be physically connected
to those systems serving the principal dwelling. No separate utility
systems or connections shall be constructed or used. All connections
shall meet the applicable utility company standards.
(b)
If on-site sewer or water systems are to be
used, the applicant shall submit evidence to the Zoning Hearing Board
showing that the total number of occupants in both the principal dwelling
and the accessory apartment will not exceed the maximum capacities
for which the one-unit systems were designed, unless those systems
are to be expanded, in which case the expansion approvals are to be
submitted. Any connection to or addition to an existing on-site sewer
system shall be subject to the review and approval of the Sewage Enforcement
Officer.
Family day-care homes are subject to the following
criteria:
A. All family day care shall be conducted within a detached
single-family dwelling.
B. All family day-care homes with enrollment of more
than three minors shall furnish a valid registration certificate for
the proposed use, issued by the Pennsylvania Department of Public
Welfare.
C. Passenger "dropoff" and "pickup" areas shall be provided
on site and arranged so that passengers do not have to cross traffic
lanes on or adjacent to the site.
Farm occupations are subject to the following
standards:
A. For the purposes of this chapter, farm occupations
may involve the following uses:
(1) Facilities for the service and repair of farm machinery
and equipment, and small engines.
(2) Facilities contributing to the agrarian lifestyle
characteristic of the residents of Elizabeth Township. Such facilities
include, but are not limited to:
(a)
Arts and crafts manufacturing, with a retail
sales display area not to exceed 1,000 square feet.
(c)
Blacksmith and tool-sharpening shops.
(d)
Carriage, buggy, wagon and related appurtenances
manufacturing, sales and service.
(f)
Woodworking, furniture, and cabinetmaking shops.
(h)
Country housewares, hardware and dry goods stores
with retail display area not exceeding 1,000 square feet.
(l)
Processing of locally produced agricultural
products.
(m)
Veterinary offices which primarily treat farm
animals; stables; kennels.
(n)
Feed supply, feed and fertilizer distribution.
B. No more than two acres of land shall be devoted to
such use, including areas used for structures, parking, storage, display,
setbacks, landscaping, etc. However, any lane serving the farm-related
business and a home and/or farm contained upon the same lot shall
not be included as lot area devoted to the farm-related business.
C. At least one owner of the farm occupation must live
on the property on which the farm occupation is conducted. No more
than two nonresidents shall be employed by each farm occupation.
D. All farm occupations shall be conducted upon the same
lot as an actively farmed parcel.
E. Any outdoor storage of supplies, materials or products
shall be located behind the building in which the farm occupation
is located. Such outdoor storage shall also be screened from adjoining
roads and properties.
F. Any activities that produce noxious dust, odor, light
or noise, perceptible at the property line, are prohibited.
G. Where the farm occupation is permitted only by special
exception, the Zoning Hearing Board may attach additional conditions
upon a farm occupation to preserve the agricultural character of the
area and protect adjoining uses.
H. Total signage for a farm occupation shall not exceed
32 square feet in area.
I. No mobile home shall be used for a farm occupation.
J. Each farm occupation shall occupy no more than 4,000
square feet of gross floor area, unless noted otherwise.
Sufficient off-street parking and stacking area
shall be provided to prevent traffic backups onto adjoining roads.
Golf courses, including accessory uses (e.g.,
clubhouse, driving range, parking lots, storage sheds, pro shop, snack
bar, restaurant, swimming pools, etc.), shall be subject to the following
standards:
A. Minimum lot area: 30 acres.
B. No golf hole shall be arranged to require a golf ball
to be driven across any building, road or parking lot.
C. Any points where the golf course crosses a road(s)
shall be signed, warning motorists and pedestrians, and any private
golf course road shall contain speed bumps.
D. All accessory uses of the golf course shall be set
back at least 100 feet from all lot lines.
E. No outdoor storage of maintenance equipment or golf
carts shall be permitted.
F. All golf course buildings shall be set back 75 feet
from any adjoining roads and 100 feet from adjoining parcels.
G. All off-street parking requirements for the principal and accessory uses shall be in accordance with §
185-38 of this chapter.
H. Golf driving ranges in HC Zones shall be subject to
the regulations pertaining to commercial recreation facilities.
I. Golf driving ranges as a stand-alone use in the R,
C and HC Zones are subject to the following additional requirements:
(1) Minimum lot area: five acres.
(2) Retail sales of food and golf-related items shall
be limited to maximum of 1,000 square feet of publicly used area.
(3) The limits of the golf driving range shall be set
back at least 100 feet from all lot lines and roads.
(4) The applicant shall furnish evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to hours of operation, noise, lights and property damage.
Health and recreation facilities are subject
to the following criteria:
A. All outdoor recreation facilities shall be set back
at least 50 feet from the street right-of-way line and 25 feet from
all other lot lines and 100 feet from any residentially zoned properties
or property in residential use.
B. Any accessory eating or retail use shall not be directly
accessible without passing through the main clubhouse building.
C. All lighting of outdoor recreation areas shall be
arranged to prevent glare on adjoining properties and streets.
D. The applicant shall furnish evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to hours of operation, noise, lights and property damage.
Heavy equipment sales, service and/or repair
service facilities are subject to the following criteria:
A. All service and/or repair activities shall be conducted
within a wholly enclosed building.
B. All uses involving drive-through service shall provide
sufficient on-site stacking lanes to prevent vehicle backups on adjoining
roads.
C. No outdoor storage of parts, equipment, lubricants,
fuel or other materials used or discarded, as part of the service
or repair operation, shall be permitted.
D. All exterior storage and/or display areas shall be
screened from adjoining residentially zoned properties. All exterior
storage/display areas shall be set back at least 50 feet from adjoining
street lines and shall be covered in an all-weather dust-free surface.
E. The storage of junked vehicles, boats, machinery,
trucks, trailers, mobile homes and heavy equipment and farm equipment
vehicles on the property is prohibited.
F. Any ventilation equipment outlets associated with
the service/repair work area(s) shall not be directly towards any
adjoining residentially zoned property or property in residential
use.
G. All vehicles shall be repaired and removed from the
premises promptly.
H. The applicant shall furnish evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to hours of operation, noise, lights and property damage.
The applicant for a heavy industrial use shall
provide a detailed description of the proposed use in each of the
following topics:
A. The nature of the on-site processing operations, the
materials used in the process, the products produced, and the generation
and methods for disposal of any by-proiducts. In addition, the applicant
shall furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations.
B. The general scale of the operation in terms of its
market area, specific floor space requirements for each step of the
industrial process, the total number of employees on each shift, and
an overall needed site size.
C. Any environmental impacts that are likely to be generated
(e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.), and specific measures
employed to mitigate or eliminate any negative impacts. The applicant
shall further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels as regulated by applicable laws
and ordinances.
D. A traffic study prepared by a professional traffic
engineer with the following minimum considerations:
(1) A description of the traffic impact area (TIA), including
its major roads and potential traffic generation rates to be determined
by current land use planning references.
(2) Existing twenty-four-hour and peak-hour traffic volume
data for all streets which provide direct access to the proposed development
and for the collectors and arterials which will serve it, as well
as any major intersection within the impact area.
(3) Estimates of the total number of vehicle trips to
be generated by the development for a typical twenty-four-hour period
and including typical a.m. and p.m. peak periods.
(4) Assignment of future twenty-four-hour and peak-hour
volumes to the collectors and arterials, and other streets that will
serve the proposed development based on the projections of increased
traffic volumes within the traffic impact area, to be determined by
an extrapolation of former development trends and the amounts of usable
area already planned and/or zoned within the traffic impact area.
Any previously approved projects within the TIA that have not yet
been occupied should also be factored in these future traffic volume
projections.
(5) Projected twenty-four-hour and peak-hour turning movement
data for all access points proposed for the development.
(6) Capacity/level of service analysis on major intersections
that will be impacted by the additional volumes generated by the development.
(7) Recent data about existing accident levels at the
above intersections categorized by accident type for each intersection.
(8) Descriptions of the street improvements that will
be required in order to avoid problems of traffic congestion and traffic
safety.
(9) Cost estimates of any proposed improvements that will
be required.
(10)
Descriptions of existing and planned public
transportation services in the Township and the potential to serve
the proposed development.
(11)
Descriptions of any actions proposed or offered
by the applicant to alleviate the impact of the proposed development
on the transportation network.
(12)
The source of standards used in the data as
presented.
(13)
The applicant shall make any improvements necessary
to maintain an adequate level of service on all abutting intersections
and streets.
(14)
If the traffic study shows that adequate levels
of service are maintained on all abutting intersections and streets
without developer-provided improvements, the applicant shall contribute
funds to provide for capital improvements to the abutting streets
and intersections within the immediate area based upon the increase
in traffic projected as a result of the development, and the cost
of reasonably necessary improvements to the abutting streets and intersections
within the immediate area, including traffic signals.
Home improvement and building supply stores
are subject to the following criteria:
A. All outdoor storage and display areas (exclusive of
nursery and garden stock) shall be screened from adjoining roads and
properties.
B. If the subject property contains more than two acres, it shall front along an arterial or collector road, as identified in §
185-41.
It is the intent of this section to establish
regulations which will permit home occupations and home businesses
in a manner which will preserve the peace, quiet, and tranquillity
of residential neighborhoods and to ensure the compatibility of such
uses with other uses permitted within the same zoning district.
A. Requirements for home occupations. Home occupations
shall be subject to the following requirements:
(1) The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
(2) The home occupation shall be conducted entirely within
the dwelling.
(3) There shall be no more visitations by nonresidents
for business purposes than would normally occur for a solely residential
dwelling.
(4) No more than 25% of the habitable floor area of the
dwelling unit, excluding unimproved attics and unimproved basements
of the dwelling, may be used for the practice of a home occupation.
(5) There shall be no display or sales of retail goods
and no stockpiling or inventory of a substantial nature on the premises.
(6) There shall be no outside appearance of a business
use, including, but not limited to, parking, signs, or lights.
(7) The business activity may not use any equipment or
process which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
(8) 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.
(9) The business shall employ no employees other than
family members residing in the dwelling.
(10)
The business may not involve any illegal activity.
B. Requirements for home businesses. Home businesses
shall be subject to the following requirements:
(1) A home business shall limit any external evidence of an occupation to one nonilluminated sign, not exceeding two square feet in sign area, subject to the sign regulations of Article
III. No displays or change in the building facade, including
the dwelling and all accessory buildings, shall indicate from the
exterior that the dwelling is being utilized for purposes other than
a dwelling.
(2) The person primarily responsible for the home business
shall be a full-time resident of the premises.
(3) No more than 25% of the habitable floor area of the
dwelling unit, excluding unimproved attics, and unimproved basements
of the dwelling, may be used for the practice of a home business.
(4) Storage of materials, products, or machinery used
for the home business shall be wholly enclosed by the dwelling, within
the maximum floor area previously defined, and shall not be visible
from any adjacent lot or street.
(5) The requirement for additional parking facilities
shall be determined by the Zoning Hearing Board.
(6) Deliveries shall not restrict traffic circulation.
(7) Traffic generated by the home business shall not exceed
volumes than would normally be expected in a residential neighborhood.
(8) The home business may not use any equipment or process
which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
(9) Home businesses utilizing, or proposing to utilize,
explosive, highly flammable or hazardous materials shall require proof
of fire department notification and compliance with applicable building
codes prior to using such materials.
(10)
The disposal of all materials, fluids, and gases
shall be in a manner that complies with all regulations of the Township
and all other applicable government codes.
(11)
Sales of goods on the premises shall be limited
to goods made on the premises and goods which are incidental to services
performed on the premises.
(12)
The Zoning Hearing Board shall approve the permitted
hours of operation.
(13)
Home businesses shall be conducted only in single-family
detached dwellings or existing accessory buildings.
(14)
The home business may employ up to two nonresident
employees.
(15)
Storage of materials, products or machinery
used may also be wholly enclosed in an existing accessory building.
Hospitals and outpatient clinics are subject
to the following criteria:
A. Minimum lot area: five acres.
B. Public sewer and water shall be required for hospitals.
C. The subject property shall have frontage along and shall gain access from an arterial or collector road, as identified in §
185-41.
D. All buildings and structures shall be set back 50
feet from all property lines.
E. Emergency entrances shall be located on a building
wall facing away from adjoining residentially zoned or existing residentially
occupied properties.
A. The minimum lot area requirement shall be five acres.
B. Animal boarding buildings that are not wholly enclosed
and any outdoor animal pens, stalls, or runways shall be located within
the rear yard.
C. Animal boarding buildings that are not wholly enclosed
and any outdoor animal pens or stalls shall be a minimum of 100 feet
from all property lines.
D. Outdoor running areas shall be fenced in a manner
that restricts access and provides for a full enclosure. All enclosures
shall be a minimum of 50 feet from all property lines.
E. All animal wastes shall be regularly removed from
the premises.
F. The owner/operator of the kennel shall be responsible
to exercise suitable control over the animals and shall not allow
a nuisance condition to be created in terms of excessive noise, dirt,
or odor.
G. No kennel shall be located within 150 feet of any
R-1 or R-2 Zone or property in residential use.
Mini warehouses are subject to the following
criteria:
A. Off-street parking spaces shall be provided according to the schedule listed in §
185-38 of this chapter.
B. Parking shall be provided by parking/driving lanes
adjacent to the buildings. These lanes shall be at least 26 feet wide
when cubicles open onto one side of the lane only and at least 30
feet wide when cubicles open onto both sides of the lane.
C. Required parking spaces may not be rented as, or used
for, vehicular storage or the storage of partially dismantled, wrecked,
or inoperable vehicles. However, additional external storage area
may be provided for the storage of privately owned travel trailers
and/or boats, so long as such external storage area is screened from
adjoining residentially occupied or residentially zoned land and adjoining
roads and is located behind the minimum front yard setback line. This
provision shall not be interpreted to permit the storage of partially
dismantled, wrecked, or inoperative vehicles.
D. All storage shall be kept within an enclosed building
except that the storage of flammable, highly combustible, explosive
or hazardous chemicals shall be prohibited. Any fuel tanks and/or
machinery or other apparatuses relying upon such fuels shall be stored
only in an external storage area as described above.
E. Because of the danger from fire or explosion caused
by the accumulation of vapors from gasoline, diesel fuel, paint, paint
remover, and other flammable materials, the repair, construction,
or reconstruction of any boat, engine, motor vehicle, or furniture
is prohibited.
F. No door openings for any mini warehouse storage unit
shall be constructed facing any residentially occupied or residentially
zoned property.
G. Mini warehouses shall be used solely for the dead
storage of property.
(1) The following lists examples of uses expressly prohibited
upon the site:
(a)
Auctions, commercial wholesale or retail sales,
or garage sales.
(b)
The servicing, repair, or fabrication of motor
vehicles, boats, trailers, lawn mowers, appliances, or other similar
equipment.
(c)
The operation of power tools, spray-painting
equipment, table saws, lathes, compressors, welding equipment, kilns,
or other similar equipment.
(d)
Any use that is noxious or offensive because
of odors, dust, noise, fumes, or vibrations.
(2) The applicant shall adequately demonstrate that all
mini warehouse rental and/or use contracts shall specifically prohibit
these uses.
Mobile home parks are subject to the following
criteria:
A. A mobile home park shall contain a minimum of 10 acres.
B. All mobile home parks shall be served by public water
and public sanitary sewer facilities.
C. Maximum density in a mobile home park shall be five
units per acre.
D. All mobile home lots shall contain at least 4,250
square feet.
E. Each mobile home lot shall have a minimum front yard
of 30 feet, rear yard of 25 feet, and two sides of 10 feet each. In
no case shall the distance between any two mobile homes be less than
25 feet (these setbacks shall also apply to mobile home park office,
service, utility or other buildings).
F. All mobile home parks shall be provided with a perimeter
landscape buffer strip that is at least 50 feet wide. Such width shall
be measured from adjoining property and rights-of-way lines.
G. Each mobile home shall be placed on a six-inch-thick
poured concrete pad over a six-inch stone base, the length and width
of which shall be at least equal to the length and width of the mobile
home it is to support. Each pad shall include properly designed utility
connections. Protective skirting shall be placed around the area between
the pad and the floor level of each mobile home so as to prevent that
area from forming a harborage for rodents, to allow the creation of
a fire hazard, or to expose unsightly conditions.
H. Each mobile home shall be provided with a minimum
of two paved parking spaces containing at least 180 square feet of
bituminous or concrete surface which shall be located on the mobile
home lot. If on-street parking is not provided, one additional off-street
parking space per unit shall be provided in a common visitor parking
compound. Such visitor parking compounds shall be sized, arranged,
and located so that the spaces are within 300 feet walking distance
to any unit served. Access to all parking spaces shall be limited
to interior roads of the mobile home park; in no case shall access
to such parking spaces be provided from adjoining public roads.
I. Interior mobile home park roads with no on-street
parking shall be paved with an all-weather dust-free surface at least
24 feet wide. An additional width of 10 feet shall be provided for
each lane of on-street parking.
J. There shall be a minimum of 25% of the gross acreage
of the mobile home park devoted to active and/or passive common recreational
facilities. Responsibility for maintenance of the recreational areas
shall be with the landowner and/or the operator. Should the landowner
and/or the operator neglect to maintain the designated recreational
area as depicted on the plan, the Township may then maintain said
areas and assess the landowner for any costs incurred.
K. A visual screen shall be placed along the mobile home
park boundaries that adjoin other residentially occupied or residentially
zoned properties. Such screen can consist of sight-tight fencing,
vegetative materials, or earthen berms that are so arranged to effectively
block the views from ground level on adjoining properties. Screening
shall be provided between ground level and at least a height of six
feet. If sight-tight fencing is used, it shall not encompass more
than 50% of the total surface area of the required screen.
Nightclubs are subject to the following criteria:
A. No part of the subject property shall be located within
200 feet of any residentially zoned land or property in residential
use.
B. The applicant shall furnish evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to hours of operation, light, and/or litter.
C. The applicant shall furnish evidence as to how the
use will be controlled so as not to constitute a nuisance due to noise
or loitering outside the building.
D. A working plan for the cleanup of litter shall be
furnished and implemented by the applicant.
E. Establishments which provide entertainment defined as being associated with an adult cabaret, as defined in this chapter, shall be approved and regulated under the requirements of §
185-48, Adult-related facilities.
The following standards shall apply within all
zoning districts for the keeping of animals. However, these standards
shall not be interpreted as applying to animal hospitals, veterinary
clinics, kennels, riding stables, or normal farming operations.
A. It is permitted to maintain up to three each of dogs
and cats and litters of puppies or kittens up to six months in age
as domestic animals, provided that the following conditions are met:
(1) Maintaining dogs and cats shall be on a noncommercial
basis.
(2) The area on which a shelter and/or exercise pen is
maintained must be suitably enclosed and located in the rear yard
at least 10 feet from any lot line and is not closer than 50 feet
to the nearest dwelling other than that of the owner.
(3) The area around which a shelter and/or exercise pen
is maintained shall be kept in suitable grass cover and shall not
be allowed to degrade to an erodible condition.
(4) The owner of the animals shall exercise suitable control
over the animals and shall not allow a nuisance condition to be created
in terms of excessive noise, dirt, or odor.
B. Small domestic animals.
(1) It is permitted to maintain small domestic animals
up to a total of 12, provided that the following conditions are met:
(a)
Maintaining small domestic animals shall be
within the rear yard area.
(b)
Maintaining small domestic animals shall be
on a noncommercial basis and be strictly as an incidental use.
(c)
The area within which small domestic animals
are kept shall be enclosed by a fence designed for containment.
(d)
Such fence shall be at least 50 feet from any
lot line and not closer than 100 feet to the nearest dwelling other
than that of the owner.
(e)
The area within which small domestic animals
are maintained shall be kept in a suitable grass cover and shall not
be allowed to degrade to an erodible condition.
(f)
The owner of the small domestic animals shall
exercise suitable control over the animals and shall not allow a nuisance
condition to be created in terms of excessive noise, dirt, or odor.
(2) For the purposes of this subsection, "small domestic
animals" shall include animals such as rabbits, guinea pigs, and chinchilla
and fowl such as chickens, turkeys, geese, ducks, and pigeons, but
shall not include wild or exotic animals held in captivity.
C. Large domestic animals.
(1) The ownership of large domestic animals shall not
exceed 1 1/2 animal units per acre, provided that the following
conditions are met:
(a)
Maintaining large domestic animals shall be
within the rear yard area.
(b)
Maintaining large domestic animals shall be
on a noncommercial basis and be strictly as an incidental use.
(c)
The area within which large domestic animals
are kept shall be enclosed by a fence designed for containment.
(d)
No building, corral, fence, or stable shall
be closer than 50 feet to the nearest dwelling other than that of
the owner.
(e)
The area within which large domestic animals
are maintained shall be kept in a suitable grass cover of at least
two acres in area and shall not be allowed to degrade to an erodible
condition.
(f)
The owner of the large domestic animals shall
exercise suitable control over the animals and shall not allow a nuisance
condition to be created in terms of excessive noise, dirt, or odor.
(2) For the purposes of this subsection, "large domestic
animals" shall include animals of the bovine, equine, porcine (swine),
and sheep families, but shall not include wild or exotic animals held
in captivity.
D. Wild or exotic animals held in captivity shall be
limited to lots located in the A, R and C Zones with a minimum lot
area of two acres or greater and shall be subject to the following
additional requirements:
(1) The number of such animals shall not exceed the equivalent
of one animal unit per acre.
(2) Said animals shall be maintained only within the rear
yard area.
(3) The building or area within which such animals are
kept shall be enclosed by a fence or other form of enclosure designed
for containment.
(4) Such fence or other form of enclosure shall be at
least 50 feet from any lot line and not closer than 100 feet to the
nearest dwelling other than that of the owner.
(5) The area within which such animals are maintained
shall be kept in a suitable grass cover and shall not be allowed to
degrade to an erodible condition.
(6) The owner of such animals shall exercise suitable
control over the animals and shall not allow a nuisance condition
to be created in terms of excessive noise, dirt, or odor.
(7) All such animals shall be maintained in accordance
with the regulations and/or permit requirements of the Pennsylvania
Game Commission and other applicable agencies.
Nursing, rest, or retirement homes are subject
to the following criteria:
A. The proposed facility may be comprised of any or all
of the following uses:
(1) Independent dwelling units: single-family detached
dwellings, single-family semidetached dwellings, two-family detached
dwellings, and single-family attached dwellings, provided that no
more than six single-family dwelling units are attached in a linear
row. Each dwelling unit shall contain complete kitchen, toilet and
bathing facilities and shall have at least one outside window.
(2) Congregate housing units: multifamily dwellings in
which each group of units is associated with one or more common areas
designed for the exclusive benefit of the group. Each unit shall contain,
at a minimum, a private or semiprivate bedroom and a private complete
bathroom. Each unit shall contain at least one outside window. Each
unit shall provide space and facilities for cooking and related kitchen
activities, dining, bathing and toilet functions. Common areas may
also be provided for recreation, relaxation, clothes washing, and
similar activities.
(3) Intermediate care facilities: premises, or a portion
thereof, in which food, shelter, and licensed personal assistance
or supervision are provided for residents requiring supervision and
assistance in such matters as dressing, bathing, diet or medication
prescribed for self-administration but not requiring hospitalization
or skilled nursing care. Facilities shall include a living/sleeping
area and a private powder room, although a shared bath will be permitted.
(4) Skilled care facilities: premises or a portion thereof
used to house and care for persons requiring continuous intermediate
or skilled nursing care.
(5) Offices incidental to administration, management and
health care; activity areas, craft, woodworking and hobby shops, recreation
facilities, gift shops, personal services facilities, dining facilities,
health care facilities, maintenance facilities, bank, library, snack
bar, village store, pharmacy, chapel and similar uses designed to
be exclusively for the use of residents and their guests as well as
any other buildings or uses incidental to the main or principal uses.
B. The proposed use shall primarily serve the needs of
retirement-age persons. At least one resident of each household shall
be a least 50 years old or possess some handicap that can be treated
within a setting like the retirement community.
C. The proposed use shall achieve a balanced residential/medical
campus that cannot be achieved through the use of conventional zoning
techniques.
D. Residences shall be functionally, physically, and
architecturally integrated with medical service and recreational activity
centers.
E. Commercial, medical, and recreational uses shall be
grouped together and located near the populations being served.
F. The minimum land area devoted to the campus shall
be two contiguous acres, and the applicant shall furnish evidence
of an approved means of sewage disposal and water supply.
G. The site shall front on and have direct access onto a collector or arterial road as identified in §
185-41.
H. All buildings or structures containing nonresidential
use(s), off-street parking lots and loading areas shall be set back
at least 75 feet from all adjoining residentially zoned land, 50 feet
from all lot lines of the subject property, and 50 feet from all on-site
residences.
I. The maximum permitted overall density is 10 dwelling
units per acre.
J. All buildings or structures used solely for residential
purposes shall be set back at least 50 feet from all lot lines of
the campus property, 20 feet from any public or private street right-of-way
or parking lot, and a distance equal to their height from any other
on-site residence.
K. The maximum permitted height is 60 feet, provided
that an additional two feet of required building setback shall be
provided for each foot of building height exceeding 35 feet.
L. No more than 35% of the subject property shall be
covered with structures, buildings, parking and loading areas and/or
other impervious surfaces.
M. Each off-street parking lot shall provide at least 20% of the total parking spaces as those designed for the physically handicapped. (See §
185-38 for design regulations.) Furthermore, such parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they are required.
N. The applicant shall furnish a description of the effect
of the proposed use on the delivery of ambulance service. This description
shall include a letter from the agency responsible for ambulance service
in the site's vicinity. Such letter shall describe the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use
and any suggestions that might enhance ambulance service. Should it
be determined that the proposed use would overburden the local ambulance
service, the Township may attach conditions of approval that seek
to assure adequate levels of service.
Educational institutions are subject to the
following criteria:
A. All height, area, setback and coverage standards within
the underlying zone shall apply.
B. All off-street parking lots shall be set back 25 feet
and screened from adjoining residences and R-1 and R-2 Zoning District
lines.
C. All buildings shall be set back at least 100 feet
from any adjoining land within a residential zone or property in residential
use.
D. Outdoor display areas.
(1) If education is offered below the college level, an
outdoor play area shall be provided, at a rate of 100 square feet
per individual enrolled. Off-street parking lots shall not be used
as outdoor play areas. Outdoor play areas shall not be located within
the front yard and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a six-foot-high
fence and screened from adjoining residentially zoned properties.
Any vegetative materials located within the outdoor play area shall
be of a nonharmful type (poisonous, thorny, allergenic, etc.). All
outdoor play areas must provide a means of shade such a shade tree(s)
or pavilion(s).
(2) "Enrollment" shall be defined as the largest number
of students on the site at any one time during a seven-day period.
E. Passenger "dropoff" and "pickup" areas shall be provided
and arranged so that students do not have to cross traffic lanes on
or adjacent to the site; and
F. Parking shall be provided in accordance with the schedule listed in §
185-38 of this chapter.
Quarries and other extractive-related uses are
subject to the following criteria:
A. General. Quarry operations:
(1) May not substantially injure or detract from the lawful
existing or permitted use of neighboring properties.
(2) May not adversely affect any public or private water
supply source.
(3) May not adversely affect the logical, efficient, and
economical extensions of public services, facilities and utilities
throughout the Township.
(4) May not create any significant damage to the health,
safety, or welfare of the Township and its residents and property
owners.
(5) May not result in the land area subject to quarrying
being placed in a condition that will prevent the use of that land
for economically and ecologically productive uses upon completion
of the quarry operation.
(6) Must comply with all applicable state regulations.
B. Minimum lot area: 100 acres.
C. Fencing. A substantial fence or earthen barrier measuring
at least six feet in height must surround the area of actual quarrying
to prevent unauthorized persons from entering the area to their potential
endangerment.
D. Screens. Where adjacent to a residential zone, existing
property in residential use, or a public street right-of-way or where
a quarry operation will substantially impair the beauty and character
of the surrounding countryside, trees and shrubs must be planted or
attractive earth barriers erected to screen the operation, as far
as practical, from normal view.
E. Access. Truck access to any quarry operation shall
be so arranged as to minimize danger to traffic and nuisance to neighboring
properties. The applicant shall submit a qualified traffic study and
document a suitable arrangement for the improvement and/or maintenance
of those roads that directly serve the quarry.
F. Setbacks from residential zones. Where the lot or
parcel of land which is the site of quarrying operations is adjacent
to a residential zone or existing lot in residential use:
(1) No stockpiles, waste piles, or processing equipment
may be closer than 1,000 feet to the residential zone or existing
lot in residential use.
(2) No part of the quarry pit, private access road, truck
parking area, scales, or operational equipment may be closer than
500 feet to the residential zone or existing lot in residential use.
G. Setbacks from public streets. No part of a quarry
pit, stockpiles, waste piles, processing equipment, scales, operational
equipment or truck parking area may be closer than 100 feet to a public
street line.
H. Other setback requirements.
(1) Except for setbacks specified above, no part of a
quarry pit, stockpiles, waste piles, or processing equipment may be
closer than 200 feet to a property line.
(2) Except for setbacks specified in Subsections
F and
G, no private access road, truck parking area, scales, or operational equipment may be closer than 100 feet to a property line.
I. Rehabilitation required. Within two years after the
termination of quarrying operations, the area of actual quarrying
operations must be rehabilitated to a condition of reasonable physical
attractiveness and, as practical, restored.
J. Rehabilitation standards. In rehabilitating the area
of actual quarrying operations, the owner or operator must comply
with the following standards:
(1) Slope. The slope of earth material in any excavated
pit must not exceed the angle of slippage.
(2) Topsoil and ground cover. Where filling of the pit
is desirable and economically feasible, the fill must be a kind and
depth to sustain grass, plants or trees, and such must be planted.
(3) Drainage. To prevent any silt, erosional debris, or
other loose material from filling any existing drainage course or
encroaching on state or Township roads or private property, all surface
drainage must be controlled by dikes, barriers, or drainage structures.
All measures to control natural drainage or floodwater must meet with
the approval of the Board of Supervisors.
(4) Removal of plant and equipment. Within two years after
termination of operations, all plant improvements and equipment must
be removed, except where the plant and equipment is still used for
processing earth material from other properties. If substantially
covered, foundations and piers may be left in the ground.
K. Reporting of operational and rehabilitation information
for quarries. In order to keep the Zoning Officer abreast of impending
termination of quarrying operations and plans for rehabilitation,
as well as operational activities which he/she has a duty to check,
each quarry owner or operator must submit to the Zoning Officer, annually,
the information following; this information shall also be provided
at the initial operation submittal:
(1) Ownership and acreage of the land that is the site
of quarrying operations, including all land held under contract or
lease.
(2) Type of earth resources quarried.
(3) Present depth of excavations.
(4) The probable effect of blasting and other excavation
methods upon existing and permitted uses in the area surrounding the
quarry site.
(5) The applicant furnish evidence of the means for controlling
airborne particles (dust) from spreading off of the subject property.
(6) Map, at a scale of one inch equals 100 feet, or such
other scale acceptable to the Township, showing:
(a)
All land owned or under option, contract or
lease.
(c)
As practical, contours at twenty-foot intervals
extending beyond the site to the nearest public street or highway.
(d)
Private access roads and abutting streets and
highways.
(e)
Location of all structures.
(f)
Location of stockpiles and waste piles.
(g)
Title, scale, North point, and date.
(h)
Fencing and screen planting.
(7) The proposed reuse of the land to be quarried.
(8) Plantings or other planned special features of rehabilitation.
(9) The proposed methods by which rehabilitation is to
be accomplished.
L. Compliance with PADEP rules and regulations.
(1) Quarry operations shall comply with all of the rules and regulations established by the Pennsylvania Department of Environmental Protection, which rules and regulations shall be considered a part of this Chapter
185, Zoning for purposes of enforcement and compliance.
(2) The applicant shall furnish copies of any approved
permits required by the PADEP and/or any notices of violation issued
by the PADEP.
A. It is the intent of this section to implement the
Elizabeth Township Comprehensive Plan and promote desirable community
development by:
(1) Maintaining a healthy residential environment with
adequate open space and recreational amenities.
(2) Encouraging land use and development patterns that
complement and accentuate the distinctive features of the Township's
landscapes and natural environment, including prime agricultural soils,
woodlands, wetlands, stream corridors, steep slopes, and scenic views.
(3) Providing an opportunity for flexibility in lot designs
and building arrangement not afforded by conventional lot-by-lot development.
(4) Providing for a more varied, innovative, and efficient
development pattern.
(5) Promoting new development that is compatible with
existing uses, architecture, landscapes and community character.
B. Eligibility.
(1) Areas permitted. Residential conservation subdivisions
shall be permitted by special exception in the Conservation Zone.
The applicant shall demonstrate, to the satisfaction of the Zoning
Hearing Board, compliance with all design standards and criteria of
this section, as well as all other applicable provisions of the Zoning
Ordinance.
(2) Water supply. Residential conservation subdivisions
shall be served by water supply systems in accordance with the provisions
of the governing Subdivision and Land Development Ordinance. The applicant
shall demonstrate, to the satisfaction of the Zoning Hearing Board,
that an adequate water supply exists for the intended residential
and open space uses. The Zoning Hearing Board may also require agreements
and financial assurances to ensure proper long-term operation, maintenance,
and ownership of the water system.
(3) Sewage disposal.
(a)
As a condition of approval, the applicant shall
demonstrate to the satisfaction of the Zoning Hearing Board that adequate
sewage disposal services exist for the intended residential and open
space uses.
(b)
Development under the residential conservation
subdivision option shall be served by sewage disposal systems consistent
with the Elizabeth Township Sewage Facilities (Act 537) Plan and in
accordance with the provisions of the governing Subdivision and Land
Development Ordinance, subject to demonstration of compliance with
all applicable regulations of the PADEP.
(c)
Any proposed wastewater disposal system which
requires a permit issued by the PADEP and is not owned or operated
by a municipal authority shall be required to comply with specific
conditions which ensure the long-term proper operation and maintenance
of such facilities. Such requirements shall be established by the
Board of Supervisors to ensure consistency with Pensylvania Code Title
25, Chapter 71, Section 71.72, relating to the establishment of the
legal entity responsible for such systems and financial assurances
for the completion, maintenance, and operations of such facilities.
(d)
Where individual or community on-lot sewage
disposal systems are provided, such systems may be located within
common open space areas where approved at the discretion of the Board
of Supervisors. Such systems shall require adequate deed restrictions
and legal agreements between the owner of such system and the owner
of the common open space, which specify ownership, operation, and
maintenance responsibilities.
(4) Plan processing. The tract of land to be developed
shall be in one ownership or, if in multiple ownership, shall be developed
according to a single plan with common authority and responsibility.
The applicant is strongly encouraged to submit a sketch plan to the
Elizabeth Township Planning Commission and to discuss community development
and open space resource conservation objectives with the Planning
Commission prior to the preparation of a preliminary plan.
C. Uses.
(1) The following uses are Permitted use within a residential
conservation subdivision:
(a)
Single-family detached dwellings.
(e)
Public activities related to the preservation
and conservation of natural and/or historical resources.
(f)
Agriculture and agricultural production, including horticultural and forestry related uses, subject to the requirements listed in §
185-14 of this chapter.
(i)
Riding schools or horse boarding stables (see §
185-91).
(j)
Municipal uses and structures.
(l)
Accessory uses customarily incidental to and
located on the same lot as the above permitted uses.
(2) The following uses are permitted by special exception within a residential conservation subdivision subject to the procedures presented in §
185-113C of this chapter:
(a)
Clubhouses for private clubs (see §
185-62).
(c)
Golf courses and golf driving ranges (see §
185-74).
(d)
Communications towers and antennas (see §
185-66).
(g)
Accessory farm dwellings, when accessory to an existing farm (see §
185-47).
(j)
Counseling and conference centers not operated
for private profit and related uses, including weekly worship services;
provided, however, that such centers shall not be used primarily as
churches.
D. Area and bulk regulations.
(1) Minimum restricted open space.
(a)
The minimum restricted open space shall not
be less than 50% of the gross acreage of the tract.
(b)
Designated restricted open space shall comply
with all standards and criteria for restricted open space established
in this section.
(2) Permitted density calculation. To determine the potential
number of dwelling units permitted for residential conservation subdivisions,
the applicant shall prepare a conceptual "yield plan" depicting the
conventional development of the parent tract according to the design
standards of the base zoning district. The yield plan shall comply
with the minimum requirements for sketch plans as stated in the governing
subdivision and land development ordinance as well as any other applicable
Township ordinances. The applicant shall then prepare a conceptual
residential conservation subdivision plan with a maximum number of
dwellings not to exceed the number of dwellings depicted on the yield
plan. The Township Planning Commission shall review the yield plan
and provide comments to the Zoning Hearing Board regarding compliance
with this section. applicants are strongly encouraged to present the
yield plan to the Planning Commission as early as possible to obtain
input regarding the calculation of the number of dwellings permitted
in the residential conservation subdivision.
(3) Residential area and bulk regulations. The following
lot and yard area regulations shall apply to any principal residential
structure or any other building. Proposed lots are subject to a minimum
lot area of one acre. The applicant shall indicate for each permitted
use, including potential accessory uses, the limits of the building
envelope within which compliance with these provisions is feasible.
(a)
The minimum separation between principal structures
at any point shall be 20 feet, except that the minimum separation
measured perpendicularly from the rear wall of any dwelling to any
point on any other building not accessory to such residential structure
shall be 50 feet.
(b)
Accessory structures shall be set back at least
five feet from any property line and shall be permitted only in rear
yards.
(c)
No exterior windows, doors, or other openings
shall be permitted in any portion of any principal or accessory structure
located less than five feet from any lot line.
(d)
Where any portion of any principal or accessory
structure is located less than five feet from any lot line, a perpetual
easement providing for maintenance of such structure, and measuring
no less than five feet in width from the affected walls, shall be
provided on the adjacent lot(s).
(e)
The minimum setback of principal buildings from the right-of-way shall not be less than 10 feet, except as provided under Subsection
D(3)(f) below.
(f)
All proposed dwelling units in a residential
conservation subdivision shall be situated so that they are set back
a minimum distance from the predevelopment perimeter boundary of the
tract equal to the applicable minimum yard dimension under the base
zoning district provisions. Existing dwellings and dwellings resulting
from the conversion of existing structures shall be exempt from this
requirement, except that additions to such existing structures shall
not further reduce required setbacks.
(g)
The maximum building heights for principal and
accessory structures shall be the same as stated in the base zoning
district.
(h)
The maximum lot coverage (including all impervious
surfaces) for all building lots shall be 20% greater than the base
zoning district according to the dwelling type. The maximum lot coverage
for all restricted open space parcels shall be 10%.
(i)
While conformance to these area and bulk regulations
is not dependent upon any specific minimum lot area or dimensions,
the applicant shall be required to demonstrate to the satisfaction
of the Zoning Hearing Board that all lots established under the provisions
of this section are of appropriate size and shape relative to provision
for the establishment of suitable private yard areas for all dwellings
and adequate access for the management of any adjacent open space
areas.
(j)
Flag lots may be utilized where appropriate;
however, no more than 10% of the total number of lots may be designed
as flag lots, and each flag lot shall have a minimum area of one acre.
(k)
Where adjacent curb cuts accessing separate
residential properties are separated by less than 25 feet, one additional
off-street parking space shall be provided on each property that abuts
the curb cut or in an off-street common parking area.
(l)
As a condition of approval, the Zoning Hearing
Board, at its sole discretion, may agree to vary any of the standards
stipulated in this section where the applicant has demonstrated to
the satisfaction of the Board that the purposes of this section are
better served through such variation.
E. Conservation and development design standards.
(1) General development standards.
(a)
Except where this section specifies otherwise,
all design and performance standards and other regulations applicable
in the base zoning district shall apply to any residential conservation
subdivision.
(b)
The placement of buildings and design of internal
circulation systems shall minimize the number of intersections and
traffic on Township and state roads.
(c)
The applicant shall demonstrate compliance with
applicable state and/or federal regulation of streams and wetlands.
For any proposed activity requiring the submission of a wetland delineation
report, stream or wetland encroachment permit or mitigation plan to
PADEP and/or the U.S. Army Corps of Engineers or successive agencies,
a copy of all such documentation shall be submitted to Elizabeth Township
by the applicant.
(2) Special provisions for conservation of historic resources.
Historic resources shall be preserved to the greatest degree practicable,
through incorporation into development plans and design, including
historic structures, ruins or sites, historic road or other transport
traces, paths and trails, and any other historic landscape features.
applicants are encouraged to contact the local historic preservation
agency, if any, for information regarding historic resources.
F. Open space designation and management standards.
(1) General standards for open space designation.
(a)
Areas designated as restricted open space shall
be consistent with the goals and strategies of the Elizabeth Township
Comprehensive Plan. The location and layout of restricted open space
shall be configured so as to serve residents adequately and conveniently
and to promote the conservation of the following resources to the
greatest extent practicable.
[1]
Prime agricultural soils.
[2]
Scenic views from public roads and neighboring
residential properties.
[3]
Mature trees and woodland tree masses, hedgerows,
native flowering trees and shrubs, fence rows, rock outcroppings,
steep slopes (in excess of 25%) and other noted landscape features.
[4]
Lands adjoining and within 150 feet of any historic
structure listed on the National Register of Historic Places.
(b)
Within the designated restricted open space
area, the total area of all areas comprised of the Flood Plain District,
wetlands, and slopes in excess of 25% shall not exceed 15% of the
gross tract area.
(c)
No portion of the designated restricted open
space shall be measured as contributing to the minimum required restricted
open space area where it is:
[1]
Within 25 feet of any structure except structures
devoted to permitted open space uses.
[2]
Extending less than 100 feet in the narrowest
dimension at any point.
[3]
Stormwater management facilities.
[a] At the discretion of the Zoning
Hearing Board, areas devoted to stormwater management facilities may
be included within the minimum required restricted open space area
where the applicant can demonstrate to the satisfaction of the Board
that such facilities are designed to:
[i] Promote recharge of the groundwater
system.
[ii] Be available and appropriate for
active or passive recreational use or scenic enjoyment.
[iii] Otherwise conform to the purposes,
standards, and criteria for open space set forth in this section.
[b] For example, a long low berm graded
to reflect natural contour could be designed to:
[i] Blend into the scenic landscape;
[ii] Permit passive recreational use
over the top of it; while
[iii] Providing a relatively large
linear area for seepage of stormwater into the groundwater system.
(d)
Subject to the provisions of the measurement
of the minimum required open space stipulated herein, sewage service,
stormwater management, and/or water supply facilities may be located
entirely or partially within restricted open space areas. Where such
facilities are so located, maintenance agreements and easements satisfactory
to the Board of Supervisors shall be established to require and enable
maintenance of such facilities by the appropriate parties.
(e)
Areas designated for open space purposes may
be used for any of the following:
[1]
Crop or pasture land, subject to submission
of conservation plan approved by the Lancaster County Conservation
District.
[2]
Woodland, meadow, wetland, wildlife habitat,
game preserve, or similar conservation-oriented area.
[3]
Public, common, or private park or outdoor recreation
area.
[4]
Sewage disposal facilities, provided that the
Board of Supervisors is satisfied that adequate provision(s) for the
long-term management and maintenance of the facilities is (are) guaranteed.
[5]
Parking for the exclusive use of individuals
using recreational areas within the required open space where deemed
appropriate by the Zoning Hearing Board.
(f)
Open space shall be interconnected with open
space areas on abutting parcels wherever possible, including, where
appropriate, provisions for pedestrian pathways for general public
use to create linked systems within the Township.
(g)
Where deemed appropriate by the Zoning Hearing
Board, open space areas shall be provided with sufficient perimeter
parking and with safe and convenient access by adjoining street frontage
or other right-of-way or easement capable of accommodating pedestrian,
bicycle, and maintenance and vehicle traffic and containing appropriate
access improvements.
(h)
Where a residential conservation subdivision
is planned to occur in two or more development phases, a proportionate
amount of designated restricted open space and required parking shall
be permanently recorded with each phase.
(2) Standards for ownership of restricted open space.
Except to provide for permitted open space uses, designated open space
shall be restricted from further subdivision and land development
by deed restriction, conservation easement, or other agreement in
a form acceptable to the Township and duly recorded in the office
of the Recorder of Deeds of Lancaster County. Subject to such permanent
restrictions, restricted open space land in any residential conservation
subdivision may be owned by a homeowners' association, the Township,
a land trust or other conservation organization recognized by the
Township, or may remain in private ownership.
(a)
Offer of dedication.
[1]
The Township may, but shall not be required
to, accept dedication in the form of fee simple ownership of restricted
open space land, provided that:
[a] Such land is accessible to the
residents of the Township.
[b] There is no cost of acquisition
other than any costs incidental to the transfer of ownership such
as title insurance and recording fees.
[c] The Township agrees to and has
access to maintain such lands.
[2]
Where the Township accepts dedication of restricted
open space land that contains improvements, the Board of Supervisors
may require the posting of financial security to ensure structural
integrity of said improvements as well as the functioning of said
improvements for a term not to exceed 18 months from the date of acceptance
of dedication. The amount of financial security shall not exceed 15%
of the actual cost of installation of said improvements.
(b)
Homeowners' association. The restricted open
space land and associated facilities may be held in common ownership
by a homeowners' association through the use of a declaration and
other documents approved by the Board of Supervisors. Such documents
shall be in conformance with the Uniform Planned Community Act of
1996, as amended. The association shall be formed and operated under
the following provisions.
[1]
The developer shall provide a description of
the Association, including its bylaws and methods for maintaining
the open space.
[2]
The association shall be organized by the developer
and operating with financial subsidization by the developer, before
the sale of any lots within the development.
[3]
Membership in the Association is mandatory for
all purchasers of homes therein and their successors. The conditions
and timing of transferring control of the Association from the developer
to the homeowners shall be identified.
[4]
The association shall be responsible for maintenance
and insurance on common open space land, enforceable by liens placed
by the homeowners' association. Maintenance obligations also may be
enforced by the Township that may place liens to recover its costs.
Any governmental body with jurisdiction in the area where the development
is located may place liens on the owners of the open space to collect
unpaid taxes.
[5]
The members of the association shall share equitably
the costs of maintaining and developing such common land. Shares shall
be defined within the Association bylaws. Association dues shall be
structured to provide for both annual operating costs and to cover
projected long-range costs relating to the repair of any capital facilities
(which shall be deposited in a sinking fund reserved for just such
purposes).
[6]
In the event of a proposed transfer, within
the methods here permitted, of common open space land by the homeowners'
association or of the assumption of maintenance of such land by the
Township, notice of such action shall be given to all property owners
within the development.
[7]
The association shall have or hire adequate
staff to administer common facilities and properly and continually
maintain the common open space land.
[8]
The homeowners' association may lease open space
lands to any other qualified person or corporation for operation and
maintenance of such lands, but such a lease agreement shall provide:
[a] That the residents of the development
shall at all times have access to the open space lands contained therein
(except that access to land that is actively farmed shall be limited
to times of the year when the fields are fallow).
[b] That the common open space land
to be leased shall be maintained for the purposes set forth in this
chapter.
[c] That the operation of open space
facilities may be for the benefit of the residents only, or may be
open to the residents of the Township, at the election of the developer
and/or homeowners' association, as the case may be.
[9]
The lease shall be subject to the approval of
the Board, and any transfer or assignment of the lease shall be further
subject to the approval of the Board. Lease agreements so entered
upon shall be recorded with the Recorder of Deeds of Lancaster County
within 30 days of their execution, and a copy of the recorded lease
shall be filed with the Township Zoning Officer.
[10] Homeowners' association documentation
demonstrating compliance with the provisions herein shall be filed
with the final subdivision and land development plans. At the time
of preliminary plan submission, the applicant shall provide draft
homeowners' association documentation with sufficient detail to demonstrate
feasible compliance with this section.
(c)
Condominiums. The restricted open space land
and associated facilities may be held in common through the use of
a condominium declaration and other documents, approved by the Board
of Supervisors. Such documents shall be in conformance with the Uniform
Condominium Act of 1980. All common open space land shall be held as "common elements" or "limited common elements." To the degree applicable, condominium agreement(s) shall comply with the provisions of Subsection
F(2)(b) above, set forth for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate feasible compliance with this section.
(d)
Dedication of easements. The Township may, but
shall not be required to, accept easements for public use of any portion
or portions of restricted open space land. The title of such land
shall remain in common ownership by a condominium or homeowners' association,
provided that:
[1]
Such land is accessible to Township residents.
[2]
There is no cost of acquisition other than any
costs incidental to the transfer of ownership, such as title insurance.
[3]
A satisfactory maintenance agreement is reached
between the developer, condominium or homeowners' association and
the Township.
(e)
Transfer of easements to a private conservation
organization. With the permission of the Township, an owner may transfer
easements to a private, nonprofit organization recognized by the Township,
among whose purposes it is to conserve open space and/or natural resources,
provided that:
[1]
The organization is acceptable to the Board
of Supervisors and is a bona fide conservation organization with perpetual
existence.
[2]
The conveyance contains appropriate provision
for proper reverter or transfer in the event that organization becomes
unwilling or unable to continue carrying out its functions.
[3]
A maintenance agreement acceptable to the Board
of Supervisors is entered into by the developer and the organization.
(f)
Private ownership of restricted open space.
[1]
Restricted open space may be retained in ownership
by the applicant or may be transferred to other private parties subject
to compliance with all standards and criteria for restricted open
space herein.
[2]
All or portions of the designated restricted
open space, where permitted by the Board of Supervisors, may be included
within or divided among one or more of the individual lots. Where
deemed appropriate, the Board of Supervisors may require that responsibility
for maintenance of restricted open space be conferred upon and/or
divided among the owners of one or more individual lots.
(3) Required open space management plan.
(a)
All residential conservation subdivision plans
shall be accompanied by a conceptual plan for the long-term management
of the restricted open space that is to be created as part of the
development. Such plan shall include a discussion of 1) the manner
in which the restricted open space will be owned and by whom it will
be managed and maintained; 2) the conservation, land management and
agricultural techniques and practices which will be used to conserve
plan(s) approved by the Lancaster County Conservation District where
applicable; 3) the professional and personnel resources that will
be necessary in order to maintain and manage the property; 4) the
nature of public or private access that is planned for the restricted
open space; and 5) the source of money that will be available for
such management, preservation and maintenance on a perpetual basis.
The adequacy and feasibility of this conceptual management plan as
well as its compatibility with the open space resource protection
objectives stated in this section shall be factors in the approval
or denial of the residential conservation subdivision plan by the
Zoning Hearing Board.
(b)
The conceptual management plan shall be transformed
into a more detailed open space management plan and presented to the
Township for review and approval with the preliminary subdivision
and land development plan. The Board of Supervisors may require that
the management plan be recorded, with the final subdivision and land
development plans, in the Office of the Recorder of Deeds of Lancaster
County. In order to allow for the changing needs inherent in the perpetual
management of land, the management plan shall contain a provision
to the effect that it may be changed by written application to the
Zoning Hearing Board, so long as the proposed change is feasible and
consistent with the purposes of preservation of open space set forth
in this section and so long as the plan for such change avoids a likelihood
of the obligation of management and maintenance of the land falling
upon the Township without the consent of the Board of Supervisors.
The Zoning Hearing Board's approval of such application shall not
be unreasonably withheld or delayed.
(4) Open space performance bond.
(a)
All landscape improvements, plantings, access
points, and recreational facilities within designated open space areas
shall be provided by the developer as applicable. A performance bond
or other security shall be in the same form and adhere to the same
conditions as otherwise required for proposed improvements under the
governing Subdivision and Land Development Ordinance.
(b)
An appropriate portion of the performance bond
or other security will be applied by the Township should the developer
fail to install the planting or recreational facilities.
Retail sales of nursery and garden materials
are subject to the following criteria:
A. The display and sale of items not grown on the premises
shall be incidental to the nursery operation. The display area for
these items shall not exceed 25% of the total gross display and sales
area on the subject property.
B. All outdoor display areas shall be set back at least
25 feet from the street right-of-way line.
C. All structural improvements (including parking and
loading facilities, but not including a freestanding sign) shall be
screened from adjoining residentially occupied or residentially zoned
properties.
D. One freestanding or attached sign may be permitted
advertising the business. Such sign shall not exceed 32 square feet
in size and must be set back at least 10 feet from all lot lines.
E. All greenhouses and nurseries that do not have vehicular access to an arterial or collector road, as identified in §
185-41, shall be further restricted, as follows:
(1) Maximum lot area shall be two acres.
(2) Maximum building area devoted to retail sales shall
be 10,000 square feet.
Riding schools, horse boarding stables and riding
clubs are subject to the following criteria:
A. Minimum lot area. A minimum lot size of one acre per
1 1/2 animals maintained shall be provided if the total lot area
is less than 10 acres. No restriction on the number of animals on
lots of 10 acres or more.
B. No stable shall be located less than 50 feet from
any lot line, nor closer than 100 feet from the nearest existing dwelling,
other than that of the owner.
C. All stables shall be maintained so to minimize odors
perceptible at the property line. All animal wastes shall be properly
stored and disposed of in accordance with the Pennsylvania Nutrient
Management Act.
D. All outdoor training, show, riding, boarding, or pasture
areas shall be enclosed by a minimum four-foot-high fence, which is
located at least five feet from all property lines. Pasture fences
may be located on property lines.
E. All parking compounds and unimproved overflow parking
areas shall be set back at least (five feet from adjoining lot lines.
Unimproved overflow parking areas shall also provide a barricade delineating
such occasional parking facilities and preventing the parking and/or
movement of vehicles across neighboring properties.
F. No manure storage facility or area shall be established
closer than 100 feet to any property line.
G. One sign shall be permitted which shall not be greater
than 32 square feet in area.
H. Adequate off-street parking shall be provided in accordance with requirements of §
185-38.
I. Retail sales of food and horse-related items shall
be limited to maximum of 1,000 square feet of publicly used area.
J. In addition to the above, the following shall apply
to riding clubs:
(1) Minimum lot area: five acres.
(2) All outdoor training and show rings shall be set back
at least 100 feet from all lot lines and roads.
(3) Lighting shall be arranged so as not to adversely
impact neighboring residential properties.
Salvage or recycling yards, excluding junkyards,
are subject to the following criteria:
A. Minimum lot area: 10 acres.
B. No material may be stored or stacked so that it is
visible from adjoining properties and roads.
C. Recycling of paper, glass, plastic, rubber and metal
products is subject to the following criteria:
(1) All operations shall be conducted within a wholly
enclosed building.
(2) There shall be no outdoor storage of paper materials
used, or generated, by the operation.
(3) The applicant shall explain the scope of operation
and any measures used to mitigate problems associated with noise,
fumes, dust and litter.
(4) The applicant will assure regular maintenance of the
site to assure the immediate collection of stray debris.
D. All additional federal and state laws shall be satisfied.
E. All salvage or recycled materials shall be stored
or arranged so as to permit access by fire-fighting equipment and
to prevent the accumulation of water, and with no junk piled to a
height greater than eight feet.
F. No oil, grease, tires, gasoline, or other similar
material shall be burned at any time.
G. Any salvage or recycling yard shall be maintained
in such a manner as to cause no public or private nuisance, nor to
cause any offensive or noxious sounds or odors, nor to cause the breeding
or harboring of rats, flies or other vectors.
H. No salvage or recycling yard shall be located on land
with a slope in excess of 5%.
I. No salvage or recycling yard shall operate without
a certificate of use, which shall be issued for a period of one year,
and shall be subject to annual renewal with the cost of such permit
to be determined by resolution of the Board of Supervisors.
Shopping centers are subject to the following:
A. The subject property shall front on an arterial or collector road, as identified in §
185-41, and all access drives shall be set back at least 200 feet from the intersection of any street right-of-way lines.
B. The minimum lot size shall be three acres.
C. The minimum lot width shall be 200 feet.
D. A minimum of 5.5 off-street parking spaces shall be provided for each 1,000 square feet of gross leasable floor area. This parking requirement is also subject to the permitted reduction described in §
185-38 of this chapter.
E. Both public sewer and public water shall be utilized.
F. Maximum building coverage: 25%.
G. Maximum lot coverage: 65%.
H. Minimum landscaped area: 30%.
I. A traffic study shall be submitted by the applicant
concerning the adequacy of the existing and/or proposed road systems
to accommodate increased traffic from the shopping center development.
Such study shall be prepared in sufficient detail to determine peak
traffic volumes and road capacity and shall provide solutions to resulting
traffic congestion.
J. The shopping center shall be permitted to erect one planned center sign along each of the center's frontages. At least 50% of the total sign area shall be devoted to advertisement of the shopping center's name. The size of such sign shall not exceed one square foot for each four feet of frontage contained within the shopping center. In no case shall a planned center sign exceed a maximum size of 200 square feet nor an overall height of 20 feet. In addition, individual uses within the shopping center may have signs; however, such signs shall be flat wall, wall projecting, or roof signs as defined in §
185-39B of this chapter.
Septage and/or solid waste disposal and processing
facilities are subject to the following criteria:
A. Any processing of septage and/or solid waste (including
but not limited to incineration, composting, shredding, compaction,
material separation, refuse-derived fuel, pyrolysis, etc.) shall be
conducted within a wholly enclosed building.
B. No refuse shall be deposited or stored and no building
or structure shall be located within 500 feet of any property line.
C. Any external area used for the unloading, transfer,
storage, processing, incineration or deposition of refuse must be
completely screened from view at the property line. (The use of an
earthen berm is encouraged where practicable.) In addition, such areas
must also be completely enclosed by an eight-foot-high fence, with
no openings greater than two inches in any direction.
D. The applicant must demonstrate compliance (through
a written statement) and continue to comply with all applicable state
and federal standards and regulations.
E. The use shall be screened from all roads and adjoining
properties.
F. All uses shall provide sufficiently long stacking
lanes into the facility so that vehicles waiting to be weighed will
not back up onto public roads.
G. All driveways onto the site shall be paved for a distance
of at least 200 feet from the street right-of-way line. In addition,
if portions of on-site access drives are unpaved, a fifty-foot-long
gravel section of driveway should be placed just beyond the preceding
two-hundred-foot paved section to help collect any mud that may have
attached to a vehicle's wheels.
H. Access to the site shall be limited to those posted
times when an attendant is on duty. In order to protect against the
indiscriminate and unauthorized dumping, all areas of the site shall
be protected by locked barricades, fences, gates or other positive
means designed to deny access to the area at unauthorized times or
locations.
I. Hazardous waste, as defined by the PADEP, shall not
be disposed of within the proposed area.
J. Litter control shall be exercised to prevent the scattering
of windborne debris, and a working plan for the cleanup of litter
shall be submitted to the Township.
K. The unloading, processing, transfer and deposition
of septage and/or solid waste shall be continuously supervised by
a qualified facility operator.
L. Any waste that cannot be used in any disposal process
or material that is to be recycled shall be stored in leak- and vectorproof
containers. Such containers shall be designed to prevent their being
carried by wind or water. These containers shall be stored within
a completely enclosed building.
M. All storage of septage and/or solid waste shall be
indoors in a manner that is leak- and vectorproof. During normal operation,
no more solid waste shall be stored on the property than is needed
to keep the facility in constant operation but in no event for more
than 72 hours.
N. A contingency plan for the disposal of septage and/or
solid waste during a facility shutdown shall be submitted to the Township.
O. Leachate from the septage and/or solid waste shall
be disposed of in a manner in compliance with any applicable state
and federal laws or regulations. If leachate is to be discharged to
a municipal sewage facility, pretreatment shall be required and appropriate
permits shall be obtained from the applicable agencies and authorities.
In no event shall leachate be disposed of in a storm sewer, to the
ground, or in any other manner inconsistent with the Department of
Environmental Protection's regulations.
P. All structures shall be set back at least a distance
equal to their height.
Q. Water.
(1) The applicant shall submit an analysis of raw water
needs (groundwater or surface water) from either private or public
sources, indicating quantity of water required. If the source is from
a municipal system, the applicant shall submit documentation that
the public authority will supply the water needed.
(2) In addition, a water feasibility study will be provided
to enable the Township to evaluate the impact of the proposed development
on the groundwater supply and on existing wells. The purpose of the
study will be to determine if there is an adequate supply of water
for the proposed development and to estimate the impact of the new
development on existing wells in the vicinity. The water feasibility
study shall be reviewed by the Township Engineer.
(3) A water system that does not provide an adequate supply
of water for the proposed development, considering both quantity and
quality, or does not provide for adequate groundwater recharge, considering
the water withdrawn by the proposed development, shall not be approved
by the Township.
(4) A water feasibility study shall include the following
information:
(a)
Calculations of the projected water needs.
(b)
A geologic map of the area with a radius of
at least one mile from the site.
(c)
The location of all existing and proposed wells
within 1,000 feet of the site, with a notation of the capacity of
all high-yield wells.
(d)
The location of all existing on-lot sewage disposal
systems within 1,000 feet of the site.
(e)
The location of all streams within 1,000 feet
of the site and all known point sources of pollution.
(f)
Based on the geologic formation(s) underlying
the site, the long-term safe yield shall be determined.
(g)
A determination of the effects of the proposed
water supply system on the quantity and quality of water in nearby
wells, streams and the groundwater table.
(h)
A statement of the qualifications and the signature(s)
of the person(s) preparing the study.
R. The applicant shall provide an analysis of the physical
conditions of the primary road system serving the proposed use. The
analysis shall include information on the current traffic flows on
this road system and projections of traffic generated by the proposed
use. The traffic analysis shall be prepared by a registered professional
engineer. Improvements to the road shall be provided by the applicant
to ensure safe turning movements to and from the site and safe through-movement
on the existing road.
S. A minimum one-hundred-foot-wide landscape strip shall
be located along all property lines. No structures, storage, parking
or any other related activity or operation shall be permitted within
this landscape strip. Any fences or other screening erected on the
site must not be located within this landscape strip.
Spent mushroom compost processing and/or commercial
mushroom operations are permitted by conditional use subject to the
following criteria:
A. Any processing, loading, storage and packaging operations
must be conducted within a wholly enclosed building that is leakproof
and vectorproof.
B. The applicant must demonstrate compliance (through
a written statement) and continue to comply with all applicable state
and federal standards and regulations.
C. The use shall be screened from all roads and adjoining
properties.
D. All uses shall provide sufficiently long stacking
lanes into the facility so that vehicles waiting to be weighted or
loaded/unloaded will not back up onto public roads.
E. All driveways onto the site must be paved for a distance
of at least 100 feet from the street right-of-way line. In addition,
a fifty-foot-long gravel section of driveway should be placed just
beyond the preceding one-hundred-foot paved section to help collect
any mud that may have attached to a vehicle's wheels.
F. The unloading, processing and transfer of spent mushroom
compost shall be continuously supervised by a qualified facility operator.
G. Leachate from the spent mushroom compost shall be
disposed of in a manner in compliance with any applicable state and
federal laws or regulations. If leachate is to be discharged to a
municipal sewage facility, appropriate permits shall be obtained from
the applicable agencies and authorities. In no event shall leachate
be disposed of in a storm sewer, to the ground, or in any other manner
inconsistent with the Department of Environmental Protection's regulations.
H. Water.
(1) The applicant shall submit an analysis of raw water
needs (groundwater or surface water) from either private or public
sources, indicating quantity of water required. If the source is from
a municipal system, the applicant shall submit documentation that
the public authority will supply the water needed.
(2) In addition, a water feasibility study will be provided
to enable the Township to evaluate the impact of the proposed development
on the groundwater supply and on existing wells. The purpose of the
study will be to determine if there is an adequate supply of water
for the proposed development and to estimate the impact of the new
development on existing wells in the vicinity. The water feasibility
study shall be reviewed by the Township Engineer.
(3) A water system that does not provide an adequate supply
of water for the proposed development, considering both quantity and
quality, or does not provide for adequate groundwater recharge considering
the water withdrawn by the proposed development shall not be approved
by the Township.
(4) A water feasibility study shall include the following
information:
(a)
Calculations of the projected water needs.
(b)
A geologic map of the area with a radius of
at least one mile from the site.
(c)
The location of all existing and proposed wells
within 1,000 feet of the site and all known point sources of pollution.
(d)
Based on the geologic formation(s) underlying
the site, the long-term safe yield shall be determined.
(e)
A determination of the effects of the proposed
water supply system on the quantity and quality of water in nearby
wells, streams and the groundwater table.
(f)
A statement of the qualifications and the signature(s)
of the person(s) preparing the study.
I. A minimum one-hundred-foot-wide landscape strip shall
be located along all property lines. No structures, storage, parking
or any other related activity or operation shall be permitted within
this landscape strip. Any fences or other screening erected on the
site must not be located within this landscape strip.
J. The applicant shall provide an analysis of the physical
conditions of the primary road system serving the proposed use. The
analysis shall include information on the current traffic flows on
this road system and projections of traffic generated by the proposed
use. The traffic analysis shall be prepared by a registered professional
engineer. Improvements to the road shall be provided by the applicant
to ensure safe turning movements to and from the site and safe through-movement
on the existing road.
K. Any structure used for the storage, loading, processing
and/or packaging of spent mushroom compost shall be set back at least
100 feet from all property lines and 500 feet from any residentially
zoned properties. In addition, any ventilation outlets must be oriented
away from any land within an adjoining residential zone.
Taverns and cocktail lounges are subject to
the following criteria:
A. The subject property shall be screened from any adjoining residentially occupied or residentially zoned land, in accordance with the requirements of §
185-42.
B. The applicant shall furnish evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to hours of operation, light and/or litter.
C. The applicant shall furnish evidence as to how the
use will be controlled so as not to constitute a nuisance due to noise
or loitering outside the building.
The applicant for a truck or motor freight terminal
shall furnish a traffic study prepared by a professional traffic engineer
with the following minimum considerations:
A. A description of the traffic impact area (TIA), including
its major roads and potential traffic generation rates to be determined
by current land use planning references.
B. Existing twenty-four-hour and peak-hour traffic volume
data for all streets which provide direct access to the proposed development
and for the collectors and arterials which will serve it, as well
as any major intersection within the impact area.
C. Estimates of the total number of vehicle trips to
be generated by the development for a typical twenty-four-hour period
and including typical a.m. and p.m. peak periods.
D. Assignment of future twenty-four-hour and peak-hour
volumes to the collectors and arterials, and other streets that will
serve the proposed development based on the projections of increased
traffic volumes within the traffic impact area, to be determined by
an extrapolation of former development trends and the amounts of usable
area already planned and/or zoned within the traffic impact area.
Any previously approved projects within the TIA that have not yet
been occupied should also be factored in these future traffic volume
projections.
E. Projected twenty-four-hour and peak-hour turning movement
data for all access points proposed for the development.
F. Capacity/level of service analysis on major intersections
that will be impacted by the additional volumes generated by the development.
G. Recent data about existing accident levels at the
above intersections categorized by accident type for each intersection.
H. Descriptions of the street improvements that will
be required in order to avoid problems of traffic congestion and traffic
safety.
I. Cost estimates of any proposed improvements that will
be required.
J. Descriptions of existing and planned public transportation
services in the Township and the potential to serve the proposed development.
K. Descriptions of any actions proposed or offered by
the applicant to alleviate the impact of the proposed development
on the transportation network.
L. The source of standards used in the data as presented.
M. The applicant shall make any improvements necessary
to maintain an adequate level of service on all abutting intersections
and streets.
N. If the traffic study shows that adequate levels of
service are maintained on all abutting intersections and streets without
developer-provided improvements, the applicant shall contribute funds
to provide for capital improvements to the abutting streets and intersections
within the immediate area based upon the increase in traffic projected
as a result of the development, and the cost of reasonably necessary
improvements to the abutting streets and intersections within the
immediate area, including traffic signals.
A detached single-family dwelling may be converted
into two dwelling units subject to the following:
A. Minimum lot area: as required by the applicable zone
regulations.
B. The applicant shall furnish evidence that an approved
system of water supply and sewage disposal will be utilized.
C. No modifications to the external appearance of the
building (except fire escapes) which would alter its residential character
shall be permitted.
D. All floors above grade shall have direct means of
escape to ground level.
E. Four off-street parking spaces shall be provided.
F. The applicant shall obtain any required land development
approvals.
The applicant for a warehousing or wholesale
trade establishment shall provide a detailed description of the proposed
use in each of the following topics:
A. The nature of the on-site activities and operations,
the types of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials and the methods for disposal
of any surplus or damaged materials.
B. The general scale of the operation in terms of its
market area, specific floor space requirements for each activity,
the total number of employees on each shift, and an overall needed
site size.
C. Any environmental impacts that are likely to be generated
(e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts.
D. Expected traffic impacts (number of total vehicle
trips per day, peak-hour trips, breakdown of trips by vehicle size,
trip distribution, effects on existing volumes of nearby corridors
and intersections serving traffic generated by the proposed use) and
any measures or improvements that will be used to assure an acceptable
level of service.
Roadside stands for the sale of agricultural
products grown on the site, subject to the following:
A. Any structure used to display such goods shall be
less than 600 square feet in size, be located at least 50 feet from
any side or rear property line and have a maximum height of 15 feet.
B. The structure shall be set back at least 20 feet from the street right-of-way and obstructions to vision (see §
185-36).
C. Off-street parking shall be provided for all employees
and customers.
D. The total area of all signs shall not exceed 64 square
feet (total all sides).
E. Up to 50% of the produce sold can be grown at a location
other than the site of the roadside stand.