The following regulations shall qualify or supplement
the district regulations appearing elsewhere in this chapter.
A.
Animals and poultry. In districts where permitted,
operations involving the use of buildings and land for farming, nurseries
and greenhouses, dog kennels, animal hospitals, stock raising, dairying
and poultry shall be subject to the following safeguards and regulations:
(1)
Buildings in which animals or poultry are kept shall
not hereafter be erected within 200 feet from any residential lot
line with the exception that one building of less than 600 square
feet that conforms to the required yard requirements of the property’s
zoning district may be erected or used to house animals or poultry.
[Amended 3-6-2012 by Ord. No. 60]
(2)
Storage of manure or odor- or dust-producing substances
shall not be permitted within 200 feet from any residential lot line.
B.
Private antennas, radio and television. Radio and
television antennas, including but not limited to satellite dish antennas,
may be installed, erected and maintained within all zoning districts
of Carroll Township, as set forth in this section. All antennas shall
be subject to the following:
[Amended 10-16-2001 by Ord. No. 44]
(1)
(2)
Development standards. All antennas shall be located,
designed, constructed, treated, and maintained in accordance with
the following standards:
(a)
Antennas shall be installed and maintained in
compliance with this chapter.
(b)
Antennas which are roof-mounted shall not extend
higher than 12 feet above the highest point of the roof section where
mounted, except a single vertical pole antenna may extend to 20 feet
above the peak of the roof. Roof-mounted dish antennas shall be constructed
of a wire mesh material or its equivalent and shall not exceed eight
feet in diameter.
(c)
No more than one ground-mounted antenna shall
be permitted on each lot.
(d)
Antennas shall be erected or maintained to the
rear of the main building, except in those instances when the subject
property abuts a cul-de-sac or is a corner lot where the side yard
is larger than the rear yard in which case the antenna may be located
in any required setback area. No portion of an antenna array shall
extend beyond the property lines or into any front yard or easement
areas. Guy wires shall not be anchored within any front yard or easement
areas, but may be attached to the building.
(e)
Antennas may be roof- or ground-mounted, freestanding
or supported by guy wires, buildings or other structures in compliance
with the manufacturer's structural specifications. Ground-mounted
antennas shall be any antenna with its base mounted directly in the
ground, even if such antenna is supported or attached to the wall
of a building. Fixed-guyed antenna towers shall be fascia-mounted
or "guyed according to approved standards. Wire antennas that are
not self-supporting shall be supported by objects within the property
lines, but not within any front yard areas.
(f)
The antenna including guy wires, supporting
structures and accessory equipment shall be located and designed so
as to minimize the visual impact on surrounding properties and from
public streets. Antennas shall be screened through the addition of
architectural features and/or landscaping that harmonize with the
elements and characteristics of the property. Screening material shall
be of a height necessary to conceal the antenna without reception
being obstructed. Screening shall not exceed six feet in height. The
materials used in constructing the antenna shall not be unnecessarily
bright, shiny, garish or reflective.
(g)
Antennas shall meet all manufacturer's specifications.
The mast or tower shall be of noncombustible and corrosive-resistant
material. The miscellaneous hardware, such as brackets, turnbuckles,
clips and similar type equipment subject to rust or corrosion, shall
be protected with a zinc or cadmium coating by a galvanizing or similar
process after forming. These finishes are selected to guard against
corrosion and to protect the elements against electrolytic action
due to the use of adjoining dissimilar metals.
(h)
Whenever it is necessary to install an antenna
near power lines, or where damage would be caused by its falling,
a separate safety wire must be attached to the antenna mast or tower
and secured in a direction away from the hazard. Antennas and guy
wires must be kept at least 24 inches clear of telephone or electric
wires.
(i)
Every antenna must be adequately grounded for
protection against a direct strike of lightning, with an adequate
ground wire. Ground wires shall be of the type approved for grounding
masts and lightning arresters, and shall be installed in a mechanical
manner with as few bends as possible, maintaining a clearance of at
least two inches from combustible materials. Lightning arresters,
approved by the Underwriters Laboratories, Inc, shall be used. Both
sides of the line must be adequately protected with proper arresters
to remove static charges accumulated on the line. When lead-in conductors
of polyethylene ribbon-type are used, lightning arresters must be
installed in each conductor. When coaxial cable or shielded twin lead
is used for lead-in, suitable protection may be provided without lightning
arresters by grounding the exterior metal sheath.
(j)
All cable wires leading to antennas and adjacent
to or crossing driveways shall be no less than 12 feet.
(3)
(4)
Special exception permit.
(a)
When a special exception permit is required
by this section, the application shall include, in addition to all
other required contents, the following:
[1]
A site plan showing adjacent properties, possible
views, and all screening features.
[2]
Affected exterior elevations and architectural
features and the texture and color of all materials to be used.
[3]
A map and list showing adjoining property owners
by name and address, as shown on the last tax assessment record, within
a distance of 300 feet along adjacent streets and 100 feet from other
boundaries of the subject property.
[4]
A statement of proposed measures to mitigate
radio frequency and television interference shall be included in case
such interference should result from the operation of an amateur radio
station.
(b)
The application will be processed in accordance with the above requirements and may be approved only if the above criteria and criteria set forth in Article XVII herein are met. The antenna shall not exceed 75 feet in height and shall have minimum setbacks as follows:
[Amended 12-2-2003 by Ord. No. 51]
(c)
Conditions of approval may be imposed to mitigate
any negative impacts from installation of the antenna.
(d)
The antenna shall be removed upon the termination
or revocation of the permit. The permit shall terminate on the sale
or transfer of ownership of the property by the applicant and shall
be so conditioned, provided, however, that if sale or transfer of
ownership occurs, then upon application to the Township, the permit
may be extended by the Zoning Officer.
(5)
Enforcement.
(a)
All antennas shall be maintained in good condition
and in accordance with all requirements of this section.
(b)
All antennas shall be subject to periodic reinspection.
No addition, changes, or modifications shall be made to an antenna,
unless the addition, change, or modification is in conformity with
the special exception permit.
(c)
Failure to abide by and faithfully comply with
this section or with any and all conditions that may be attached to
the granting of any special exception permit shall constitute grounds
for the revocation of the permit by the Zoning Officer. The remedies
provided for herein shall be cumulative with all other remedies provided
in this chapter.
C.
Apartment (conversion). Where permitted, any building
existing at the effective date of this chapter may be converted to
a dwelling for more than one family, provided that:
(1)
The lot area per dwelling unit shall conform to the
regulations for the district in which it is located. The minimum habitable
floor area of such converted dwelling unit shall be provided in accordance
with this article.
(2)
There is no exterior evidence of change in the building
except as required by state or local building or housing codes or
regulations.
(3)
Fire escapes, where required, shall be in the rear
of the building and shall not be located on any wall facing a street.
(5)
The plans for the conversion of said building shall
be submitted to the Zoning Officer.
D.
Automobile service stations and other drive-in type
uses. Such uses, where permitted, shall comply with the following:
(1)
No street entrance or exit for vehicles and no portion
or equipment of such service station or other drive-in uses shall
be located:
(a)
Within 500 feet of a street entrance or exit
of a public school, public park, or public playground, conducted for
and attended by children, and of any hospital, nursing home, library,
or church.
[Amended 6-20-1995 by Ord. No. 38-B]
(b)
Within 100 feet of a lot in a residential district
as established in this chapter.
(2)
No equipment for the service of motor vehicles shall
be closer than 25 feet to any property line or street line.
(3)
Canopies shall be located no less than 10 feet from
the right-of-way line.
(4)
No two driveways leading from a public street to such
service station or other drive-in use shall be within 25 feet of each
other at their intersection with the curb or street line.
(5)
Parking and vehicle access shall be so arranged that
there will be no need for the motorists to back over sidewalks or
into streets.
E.
Churches, schools, and other public buildings. In
districts where permitted, these uses shall meet the following requirements:
(1)
The lot area shall be determined on the basis of building
size, yard requirements listed below, and parking requirements but
in no case shall the lot area be less than 20,000 square feet.
(2)
Lot coverage shall not be greater than 40% of lot
area.
(3)
Width regulations. The lot width at the front building
setback line shall be based on the building size and yard requirements,
but in no case shall the lot width be less than 100 feet in width.
(4)
Yard regulations. Each lot shall have yards not less
than the following depths or widths:
F.
Clubs, lodges, and fraternal organization. Where permitted,
these and similar uses are restricted to those not conducted primarily
for gain, although a dining room may be operated for the benefit of
club members, provided that no permanent sign advertising the sale
of food or beverages will be permitted. Buildings or structures hereafter
converted or erected for such use are subject to all applicable regulations
for the district in which the facility is to be located. A planted
buffer no less than five feet in depth shall be maintained along all
property lines abutting a residential use.
G.
Commercial greenhouses and nurseries. Where permitted,
these uses may be established subject to the following:
(1)
A minimum lot area of 20,000 square feet shall be
provided in addition to the lot are a required for other uses located
on the same property. However, in no case shall the lot be less than
the minimum lot area permitted in the district in which it is located.
(2)
No structure may be located closer than 40 feet to
a side or rear property line, unless greater setbacks are required
in the district in which it is located.
(3)
A buffer yard/screen planting of no less than five
feet in depth shall be maintained along all property lines abutting
a residential use.
(4)
Greenhouse heating plants which are not contained
within the structure they serve may be located to the side or rear
of any main building, but not in the required side or rear yard, provided
that the heating plant is not hazardous to others and does not create
noise, dirt or heat flows of objectionable amounts or intensities.
(5)
A greenhouse operated for noncommercial purposes shall
be considered as an accessory structure and shall comply with all
applicable district provisions.
H.
Conditional use criteria. The following general standards
shall be used as guidelines by the Planning Commission and governing
body in acting upon applications for conditional uses. In passing
upon such applications the Commission and/or governing body shall
determine:
(1)
That the establishment, maintenance or operation of
the conditional use will not be detrimental to or endanger the public
health, safety, morals, comfort or general welfare.
(2)
That the conditional use will not be injurious to
the use and enjoyment of other properties in the immediate vicinity
for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
(3)
That the establishment of the conditional use will
not impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the district.
(4)
That adequate measures have been or will be taken
to provide ingress and egress so designed as to minimize traffic congestion
and to facilitate the circulation and movement of pedestrian and vehicular
traffic.
(5)
That adequate utility services and facilities such
as sanitary and storm sewers, water, trash and garbage collection
and disposal, access roads and other necessary facilities have been
or are being provided.
(6)
That the intended purpose of the proposed use is not
inconsistent with the planning policies of this Township as contained
in the Carroll Township Comprehensive Plan and this chapter.
(7)
In granting a conditional use, the governing body
may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of this chapter and of the Municipalities Planning Code.
I.
Farm animals.
[Amended by Ord. No. 38-A; 10-16-2001 by
Ord. No. 44]
(1)
Such animals are permitted in all districts subject
to the following guidelines:
(a)
All activities shall be in compliance with Pennsylvania's
Nutrient Management Act.
(b)
The property owner or property lessee with written
permission of the property owner owns such animals.
(c)
The maximum number of animals permitted on a
property shall not exceed the following:
|
Type of Animal
|
Animals per Acre
|
Maximum not to exceed
| |
|---|---|---|---|
|
Swine
|
55 per property
| ||
|
Nursery Pig
|
55
| ||
|
Finishing Pig
|
13
| ||
|
Gestating Sow
|
5
| ||
|
Sow and Litter
|
4
| ||
|
Boar
|
4
| ||
|
Beef
|
150 per property
| ||
|
Calf
|
6
| ||
|
Finishing
|
2
| ||
|
Cow
|
2
| ||
|
Veal
|
150 per property
| ||
|
Calf
|
8
| ||
|
Poultry
|
500 per property
| ||
|
Layer
|
500
| ||
|
Pullets
|
500
| ||
|
Broiler
|
500
| ||
|
Roaster
|
500 per property
| ||
|
Male/Female
|
500
| ||
|
Turkey - Tom
|
141
| ||
|
Dairy
|
150 per property
| ||
|
Holstein/Brown Swiss Cow
|
2
| ||
|
Ayrshire/Guernsey Cow
|
2
| ||
|
Jersey Cow
|
2
|
150 per property
| |
|
Sheep
|
150 per property
| ||
|
Lamb
|
40
| ||
|
Ewe
|
13
| ||
|
Ram
|
11
| ||
|
Goat
|
150 per property
| ||
|
Kid
|
44
| ||
|
Doe
|
16
| ||
|
Buck
|
11
| ||
|
Horse
|
50 per property
| ||
|
Foal
|
6
| ||
|
Yearling
|
2
| ||
|
Draft
|
1
| ||
|
Non-Draft
|
2
|
(d)
In the CF Conservation/Forest, R-A Residential-Agricultural,
R-1 Residential, R-2 Residential, V Village, C Commercial, and I Industrial
Districts the total property area minus 1.5 acres shall be used to
determine the number of acres on which to base the animal density
calculation.
(e)
In determining the number of multiple types of animals permitted on a property, but not to exceed the maximum in Subsection I(1)(c) above, shall be two animal equivalent units (AEU) per acre of land. For the purpose of this chapter, one animal equivalent unit equals 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. In determining live weight of livestock, the standard weight in pounds during production range developed by the State Conservation Commission shall be used.
(f)
The open area shall be enclosed with a fence
of suitable construction to provide for safe and adequate confinement
of all such animals. The pasture area shall not be permitted to encroach
on any street right-of-way.
(g)
The storage of manure and location of animal
shelter(s) shall be located within the pasture area and no closer
than 200 feet from any property line.
(h)
If any animal type is proposed and is not included in Subsection I(1)(c), the standard weight in pounds during production range table developed by the State Conservation Commission shall be used and the number of animals permitted shall be determined by the formula in Subsection I(1)(e). If the type of animal is not listed in the standard weight in pounds during production range table developed by the State Conservation Commission, the Pennsylvania Department of Agriculture shall be consulted to assist in determining the standard weight in pounds.
J.
Farming/gardening. The tilling of the soil, raising
of crops and gardening shall be permitted in any district.
K.
Garden apartments. Where permitted all garden apartments
shall comply with the following:
(1)
There shall be not more than 12 dwelling units per
building.
(2)
No garden apartment building shall be in excess of
two stories in height.
(3)
Lot area per dwelling unit shall not be less than
the area required by the applicable district regulations when served
by both public water and sanitary sewers.
(4)
All applicable provisions of this chapter.
L.
Golf courses and country clubs. Where permitted, the
following standards shall also apply:
M.
Home occupation. Where permitted, home occupations
may be established subject to the following conditions:
(1)
The home occupation shall be carried on completely
within the dwelling unit.
[Amended 10-16-2001 by Ord. No. 44]
(2)
Not more than one person other than the occupants
of the dwelling unit shall be employed by the home occupation.
[Amended by Ord. No. 38-A; 10-16-2001 by
Ord. No. 44]
(3)
Not more than 25% of the floor area of the dwelling
unit shall be devoted to a home occupation.
[Amended 10-16-2001 by Ord. No. 44]
(4)
Articles sold or offered for sale shall be limited
to those produced on the premises or to articles which are clearly
incidental to the home occupation and directly related thereto, such
as hair care products by a barber or beautician. If the gross sales
of articles not produced on the premises exceed 25% of the gross receipts
from the home occupation and sales of articles produced on the premises,
such sales shall not be deemed to be incidental to the home occupation,
and shall not be permitted.
(5)
There shall be no exterior display or sign (except
as permitted in the regulation of signs in this chapter), no exterior
storage of materials, and no other exterior indication of the home
occupation or variation of the residential character of the main building.
(6)
No offensive noise, vibration, smoke or other particulate
matter, heat, humidity, glare or other objectionable effects shall
be produced.
(7)
A home occupation may include, but is not limited
to art studios; dressmaking or millinery; barbershop; beauty parlor;
teaching, music or dance instruction limited to a single pupil at
a time; real estate or insurance office; the professional office of
a dentist, physician, lawyer, engineer, planner, accountant, architect;
or any other activities of a similar nature.
(8)
A home occupation shall, under no circumstances, be
interpreted to include a commercial stable or a dog kennel.
(9)
Prior to the establishment of a home occupation and pursuant to § 138-139A of this chapter, a zoning permit shall be issued by the Zoning Officer. The zoning permit shall ensure the home occupation is being established pursuant to the conditions as set forth in this chapter.
[Added 6-20-2000 by Ord. No. 42]
(10)
Prior to establishing a home occupation and
issuance of a zoning permit, the applicant shall provide proof to
the Township that the existing septic system is suitable to handle
any increased loading to the system that is generated from the proposed
home occupation.
[Added 10-16-2001 by Ord. No. 44]
N.
Mobile homes (other than in mobile home parks). A
mobile home shall be permitted to be used as a single-family detached
dwelling in all residential districts subject to the following:
(1)
Only one mobile home is permitted on a lot and each
such manufactured home lot shall conform to residential standards
for dwellings in the district in which it is located.
(2)
A mobile home shall meet the minimum habitable floor
area requirements of a single-family detached dwelling as well as
standards set forth by any Commonwealth of Pennsylvania agency.
(3)
The wheels and axles shall be removed and the home
shall be installed on and securely fastened to a frost-free foundation
or footer; in no event shall it be erected on jacks, loose blocks
or other temporary materials.
(4)
An enclosure of compatible design and material shall
be erected around the entire base of the mobile home. Such enclosure
shall provide sufficient ventilation to inhibit decay and deterioration
of the structure.
O.
Mobile home parks. Mobile home parks shall be allowed by the Board of Supervisors in districts where permitted as set forth in Article VI, Mobile Home Park Regulations, of Chapter 120, Subdivision and Land Development. In addition, the Board of Supervisors may require the completion of an environmental assessment (EA) by a qualified environmental scientist, licensed engineer, or landscape architect, to provide an analysis of the impact of the proposed project on the natural and socio-economical environment. The EA will be written in narrative form with significant graphics to assist in developing an understanding of the proposed project, its impact on the existing and future environment, and mitigation measures to reduce adverse impact.
P.
Motels/hotels. In districts where permitted, motels/hotels
shall be subject to the following safeguards and regulations:
(1)
Where one or more buildings are proposed, as a land development, a plat shall be prepared and submitted in accordance with the requirements of Chapter 120, Subdivision and Land Development.
(2)
Motels/hotels shall be connected to a public sanitary
sewer and water supply where feasible or a sanitary sewerage collection
and treatment system and water supply approved by the Department of
Environmental Protection.
(3)
Front, side and rear yards of the motel/hotel shall
be permanently landscaped and maintained in good condition.
(4)
Off-street parking and loading spaces for other facilities developed as part of the motel/hotel premises shall be provided as required by Article XIV of this chapter.
(5)
Every unit shall be provided with running hot and
cold water and separate toilet facilities.
(6)
Motel/hotel buildings or parts thereof shall be placed
no closer than 30 feet to any lot line.
(7)
The space between motel/hotel buildings shall be not
less than 20 feet and the space between the fronts or rears of units
shall be not less than the dimensions required for courts, where such
are formed by the arrangement of units.
Q.
Municipal uses. In any district, a building may be
erected, altered or extended and land may be developed which is arranged,
intended or designed for municipal uses, including municipal recreation
uses.
R.
Private swimming pools. Private pools may be erected
as an accessory use in any district, provided they comply with the
following:
(1)
The pool is used solely for the enjoyment of the occupants
of the principal building use of the property on which it is located,
including guests.
(2)
The pool structure, including perimeter walkway, shall
not be located closer than 10 feet from any side or rear property
line; nor closer to any street than the minimum building setback line
permitted for the district in which it is located.
(3)
All permanent swimming pools hereafter constructed,
shall be enclosed by a permanent fence of durable material at least
four feet in height and shall be so constructed as not to have openings,
mesh or gaps larger than four square inches in any direction, and
if a picket fence is erected or maintained the horizontal dimension
shall not exceed four inches. All gates used in conjunction with the
fence shall meet the same specifications as to the fence itself and
shall be equipped with approved locking devices and shall be locked
at all times when the swimming pool is not in use.
(4)
A dwelling or accessory building may be considered
as part of the fence required under this section, however, the height
requirements for a fence shall not apply to the building.
(5)
The provisions regulating fencing shall not apply
to pools having sides extending four feet above grade, provided that
the stairs, or other means of access to the pool, are removed or locked
in such a position as to make it readily unaccessible when not in
use.
(6)
All materials used in the construction of private
pools shall be waterproof and so designed and constructed as to facilitate
emptying and cleaning and shall be maintained and operated in such
a manner as to be clean and sanitary at all times.
(7)
Private pools shall not be connected to a sanitary
sewerage system and all waters from the pool shall be discharged in
such a manner that another person's property is not damaged or affected
by the discharge of the said water. Water may be discharged from a
swimming pool into a street, if proper drainage facilities are available
and with the permission of the governing body.
(8)
Enclosed indoor pools must comply with applicable
regulations pertaining to accessory structures.
S.
Prohibited uses. The following uses are prohibited
in all districts throughout the Township:
(1)
The commercial incineration, trash transfer facility,
reduction or storage of garbage, offal, animals, fish, or refuse,
unless by the authority of or under the supervision of the Township.
[Amended 10-16-2001 by Ord. No. 44]
(2)
Dumps and dumping of any kind, unless by the authority
of or under the supervision of the Township.[1]
(3)
Massage parlor. The operation of any massage parlor
in which any of the following activities are carried on:
(a)
The treatment of any person, except upon the
signed order of a licensed physician, osteopath, chiropractor, or
register physical therapist, which order shall be dated and shall
specifically state the number of treatments. The date and hour of
each treatment given and the name of the operator shall be entered
on such order by the establishment where such treatments are given
and shall be subject to inspection by the police. The requirements
of this provision shall not apply to treatments given in the residence
of a patient, the office of a licensed physician, osteopath, or registered
physical therapist, chiropractor, or in a regularly established and
licensed hospital or sanitarium.
(b)
The massage of, or physical contact with, the
sexual or genital parts of one person by any other person.
(4)
Head shops or any other businesses which involve,
in whole or in part, the sale, lease, trade, gift, or display for
sale of any and all types of drug paraphernalia.
(5)
Any use or activity prohibited by Section 5903 of
the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 5903, as amended
and supplemented.
T.
Public utility facilities. Facilities of a public
utility that are used to provide public utility service shall be permitted
in any district without regard to the use and area regulations; provided,
however, that buildings or structures erected for these utilities
shall be subject to the following regulations:
[Amended 6-20-2000 by Ord. No. 42]
(1)
Front, side and rear yards shall be provided in accordance
with the regulations of the district in which the facility is located.
(2)
Height restrictions shall be as required by the district
regulations.
(3)
Unhoused equipment shall be enclosed within a chain
link fence six feet in height topped with barbed wire.
(4)
Housed equipment. When the equipment is totally enclosed
within a building, no fence or screen planting shall be required and
the yards shall be maintained in accordance with the district in which
the facility is located.
(5)
Screen planting in residential and commercial districts shall be completed in accordance with § 138-98 of this article.
(6)
The external design of the building shall be in conformity
with the buildings in the district.
U.
Electric power generation. Electric power generation
facilities and distributed electric generation facilities, where permitted,
shall meet the following requirements:
[Amended 6-20-2000 by Ord. No. 42]
(1)
Solar collectors and solar-related equipment.
(a)
Solar collectors and solar-related equipment
shall be permitted in any district as an appurtenance to a building
or as a detached accessory structure.
(b)
A statement that a solar energy collection system
is to be installed on a lot shall be filed with the Township Zoning
Officer on the date the zoning permit for the solar system is issued,
with the date of installation being the date of recordation. The solar
facility must be completed and the Zoning Officer notified of completion,
within one calendar year from the date of permit issuance.
(2)
Wind energy conversion systems. Windmills, windwheels,
or wind energy conversion systems (WECS) shall not be permitted in
the Village District but shall be permitted in all other districts,
subject to the following conditions:
(a)
The structure supporting the wind rotor unit,
including any necessary guideposts and supporting cables, shall be
independent of any occupied structure and located a minimum distance
of the tower height plus 10 feet from any occupied dwelling, and shall
not be more than 110 feet in height.
(b)
The minimum distance between the tower and any
property line shall be not less than twice the height of the tower.
(c)
The minimum distance between grade and the lowest
point of the rotor blade shall be 20 feet.
(d)
All electric lines/utility wires shall be buried
underground.
(e)
Any mechanical equipment associated and necessary
for operation, including a building for batteries and storage cells,
shall be enclosed by a six-foot fence. The supporting structure shall
also be enclosed by a six-foot fence, unless the base of the tower
is not climbable for a distance of 12 feet.
(f)
When a building is necessary for storage cells
or related mechanical equipment, the building shall not exceed 140
square feet in area nor eight feet in height and must be located at
the base of the supporting structure.
(g)
In permitted residential districts, only one
windmill, windwheel or WECS shall be permitted per lot.
(h)
The resultant energy harnessed from the wind
shall not be used on property other than that on which located, unless
installed and operated in conformity with all applicable distributed
generation or system interconnection requirements.
(i)
The supporting structure and generating unit
shall be kept in good repair and sound condition. Upon abandonment
of use, the supporting structure and related structures shall be dismantled
and removed from the property within 60 days. The Building Permit
Officer prior to the dismantling of the structure shall issue a demolition
permit.
(j)
The applicant shall demonstrate that any noise
from the wind generating unit shall not exceed 65 dBA measured at
the property line.
[1]
A "decibel" shall mean a unit for measuring
the relative intensity of sounds. More specifically, a unit for expressing
the ratio of two amounts of acoustic signal power equal to 10 times
the common logarithm of this ratio.
[2]
"A" weighted sound level shall mean the total
sound level in decibels of all sound as measured with a sound level
meter with a reference pressure of 20 micro-pascals using the "A"
weighted network (scale) at slow response. The unit of measurement
shall be defined as dBA.
(3)
Other distributed electric generation facilities. Distributed generation facilities that are consistent with those described in § 138-94 U(1) or (2), and accessory to residential uses may be permitted by the Zoning Officer upon a determination that the use is consistent with the intent of § 138-94U(1) and (2) to support the use of renewable distributed generation that is clean and safe and does not unduly limit the use of adjoining parcels.
(4)
Electric power generation facilities. Electric power generation facilities shall be permitted as a special exception in an Industrial District upon application to the Zoning Officer and a determination by the Zoning Hearing Board that approval of the application is consistent with the requirements and intent of this chapter. A special exception for an electric power generation facility shall be approved upon demonstration that the impact of the use, including proposed mitigation measures, will not be detrimental to public health and safety, the environment, the general welfare or the use and enjoyment of other land uses in the area. The application shall be in compliance with the planning policies of the Township as contained in the Carroll Township Comprehensive Plan and all requirements of this chapter, including Article X and § 138-109C (environmental impact statement), except as modified by this section. The documentation requirements in this section may be included as supplementary information in the environmental study required pursuant to § 138-109. An application for an electric power generation facility shall demonstrate that the proposed facility is located, designed, constructed, maintained and operated in accordance with the following standards:
[Amended 10-16-2001 by Ord. No. 46]
(a)
The total rated capacity of an electric power
generation facility shall not exceed 250 MW.
(b)
The proposed facility will comply with all applicable
federal, state, county or river basin permits and requirements concerning
air, water, waste, and environmental impact(s) of the proposed development.
Receipt and the continued compliance with the terms of all such permits
and regulations shall be a condition of zoning approval.
(c)
The proposed facility and use will avoid, or,
if not avoidable, minimize any negative impact of the proposed facility
on the air, water, land, or land use beyond the boundary of the site
on which the facility is located.
(d)
The application shall include a description,
discussion and documentation of potential impacts such as noise, vibration,
light, glare, odor, heat, emissions, dust, toxic materials, electrical
interference, radiation, groundwater or surface water quality and
quantity, wildlife and habitat or other impacts. In the event that
any such impacts may exist, the application shall include:
[1]
A site plan, map(s) and a detailed description
of the surrounding area in which any such impact may be experienced.
[2]
The name and address, as shown on the most recent
tax assessment record, of such possibly impacted property owners.
[3]
A description of the design, construction or
operating plans intended to consider, avoid, mitigate or remediate
such impacts.
[4]
A description of any design, construction or
operating plans that could eliminate any such impact but is not proposed
in the application and a statement explaining the reason(s) that such
a plan is not part of the application.
[5]
An affidavit attesting that notice of the Zoning Hearing Board proceeding on the application will be served upon each property owner identified in Subsection U(4)(d)[2].
(g)
The Zoning Hearing Board may attach reasonable
conditions and safeguards to the grant of a special exception in addition
to those expressly considered or authorized in this chapter, as deemed
necessary and appropriate to avoid or mitigate any negative impact
of the development and otherwise to implement the purposes of this
chapter and the Municipalities Planning Code.
V.
Solid waste storage facilities. All multifamily, commercial
and manufacturing buildings or uses shall include adequate facilities
on site for the proper storage of solid wastes in accordance with
the following:
(1)
Storage areas shall have hardened, stabilized surfaces
with outdoor areas constructed to prevent accumulation of rainfall.
(2)
Storage areas shall be located such that collection
vehicles will not obstruct the public street or otherwise violate
Township regulations while parked for collection of refuse and shall
be provided with accessways facilitating ready deposit and collection
of refuse.
W.
Temporary roadside stands. Such a structure and use
may be permitted, provided the following are complied with:
(1)
A highway occupancy permit shall be obtained from
the appropriate state or municipal authority, for any access or pull-off
areas.
(2)
Vehicular parking shall not be permitted within the
cartway or berm, and such pull-off area shall be designated such that
vehicles need not back onto the cartway to exit.
(3)
No structure shall be located closer than 25 feet
from the edge of the cartway.
(4)
The structure shall be removed at the end of the growing
and harvesting season of the products sold.
(5)
No hazards to pedestrians or vehicular traffic shall
be created.
X.
Y.
Uses not provided for. Whenever, in any district established under this chapter, a use is neither specifically permitted nor denied and an application for such use, as provided for in § 138-139B, is made by a property owner to the Zoning Officer, the Zoning Officer shall refer the application to the Zoning Hearing Board which shall have the authority to permit or deny the use. The use may be permitted only if it is similar to and compatible with permitted uses in the district and in no way is in conflict with the general purpose and intent of this chapter.
[Amended 6-20-2000 by Ord. No. 42]
Z.
Commercial mobile radio service.
[Added 10-16-2001 by Ord. No. 44]
(1)
General requirements for communications antennas and
communications equipment buildings.
(a)
Communications antennas and equipment buildings
shall not be permitted in the R-A, R-1, R-2, Commercial and Village
Districts.
(b)
Building-mounted communications antennas shall
not be located on any residential structure.
(c)
Building-mounted communications antennas shall
not be permitted to exceed the height limitations of the applicable
zoning district by more than 20 feet.
(d)
Omnidirectional or whip communications antennas
shall not exceed 20 feet in height and seven inches in diameter.
(e)
Directional or panel communications antennas
shall not exceed five feet in height and three feet in width.
(f)
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.
(g)
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.
(h)
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 antenna is to be mounted so that installation
and maintenance of the antenna and communications equipment can be
accomplished.
(i)
Communications antennas shall comply with all
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(j)
Communications antennas shall not cause radio
frequency interference with other communications facilities located
within Carroll Township.
(k)
A communications equipment building shall be
subject to the height and setback requirements of the underlying zoning
district for an accessory building.
(l)
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 Carroll
Township.
(2)
General requirements for communications towers.
(a)
The applicant 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. No communications tower shall be permitted in the R-A, R-1,
R-2, Commercial and Village Districts. Applicants are required to
prove need by:
[1]
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:
[a]
Planned equipment would exceed
the structural capacity of the existing communications tower, building
or structure, and existing communications tower, building or structure,
cannot be reinforced to accommodate planned or equivalent equipment.
[b]
Planned equipment will cause interference
with other existing or planned equipment for that communications tower,
building or structure.
[c]
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.
[d]
Other reasons make it impractical
to place the equipment by the applicant on existing and approved communications
towers.
(b)
No communications tower shall be permitted within
Carroll 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.
(c)
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.
(d)
Communications towers shall be no closer than
1,000 feet from another communications tower, such distance being
measured as a horizontal distance from tower base to tower base.
(e)
The applicant for a communications tower must
execute an agreement with Township, in a recorded instrument legally
sufficient to Carroll 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.
[1]
Responsibility of owner and occupant of premises
for removal. No person, firm, or corporation owning or occupying any
property within Carroll 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.
[2]
Notice to conform. Carroll 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.
[3]
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, Carroll 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 Carroll Township, from such person, firm
or corporation in the manner provided by law for collection of municipal
claims or by an action of assumpsit.
(f)
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.
(g)
The applicant shall submit a landscaping plan
to effectively screen the base of the communications tower. Landscaping
material shall consist of evergreen species and shall be located on
the exterior side of the fence.
(h)
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.
(i)
Access shall be provided to the communications
tower and communications equipment building by means of a public street,
or a private right-of-way 20 feet in width and shall be improved to
a width of at least 12 feet.
(j)
Access to the communications tower shall be
provided by a minimum twelve-foot-width driveway with a durable and
dustless surface, such as concrete or a bituminous surface, for a
minimum of 35 feet from the edge of cartway of any public street.
Should the public street not be surfaced with a durable and dustless
surface, the access drive, for a minimum of 35 feet from the edge
of cartway, shall be surfaced with a similar material as is used on
the public street. The length of the driveway beyond this 35 feet
shall be surfaced with durable and dustless gravel.
(k)
Communications towers shall be fully automated
and unattended on a daily basis. The site shall be visited only for
periodic maintenance.
(l)
The communications equipment building shall
be identified as an accessory building, and the applicable regulations
for the underlying zoning district shall apply.
(m)
Guy wires, if utilized, may not be anchored
in any minimum building setback area of the zoning district in which
the tower is located. Guy wires shall not cross or encroach any overhead
telephone or electric power lines.
(n)
Communications tower height shall be measured
from the average grade around the base of the communications tower
to the top of the communications tower, or communications antenna
if mounted on top of the communications tower.
(o)
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.
(p)
The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address and emergency telephone number
or the operator of the communications tower; and a certificate of
insurance evidencing general liability coverage in the minimum amount
of $3,000,000 per occurrence and property damage in the amount of
$3,000,000 per occurrence covering the communications tower and communications
antennas.
[Amended 5-3-2016 by Ord.
No. 72]
(q)
No communications tower shall be located closer
than 500 feet from any existing structure, playground, ballfield or
other area used for active recreation within a municipal park or school.
(3)
Additional conditions applicable to communications towers, antennas and equipment buildings. In addition to the conditions stated in Subsections Z(1) and (2), the following conditions shall also apply:
(a)
Unless regulated by Subsection Z(2)(q), setbacks shall be no less than 150 feet or 60% of the communications tower height, whichever is greater, from adjacent property lines and public road right-of-way lines. Such distance shall be in a straight line from the communications tower base to the appropriate line.
(4)
General requirements for collocation of facilities. An applicant for the collocation of facilities in the CF and I Districts shall be required to submit a zoning permit and building permit application for approval. The building permit application shall contain a structural analysis report along with applicable information as required in Subsection Z(1), (2) and (3)(a).
AA.
Bed-and-breakfast facilities. Bed-and-breakfast facilities, as defined
in this chapter, shall be permitted in all zoning districts, in accordance
with the following standards:
[Added 5-3-2016 by Ord.
No. 72]
(1)
A bed-and-breakfast: facility shall be permitted only in single-family
detached, owner-occupied dwellings on one or more acres.
(2)
The principal use of the property shall remain that of a single-family
residential dwelling.
(3)
The owners or representative of the owner of a bed-andbreakfast
facility must be in residence when guests are present.
(4)
No more than five guest: rooms may be offered on any individual
residential property within the CF, R-A, V, C and I Zoning Districts
and no more than three guest rooms may be offered on any individual
residential property in the R-1 and R-2 Zoning Districts.
(5)
One full bathroom, which shall include one toilet, wash basin,
bath and/or shower, shall be provided for each two guest rooms.
(6)
The length of stay for any guest shall not exceed more than
30 uninterrupted days.
(7)
Accommodations at the bed-and-breakfast facility may include
meals prepared on the premises for the guests and included in the
charge for the room. The owner shall comply with all federal, state
and local requirements for the preparation, handling and serving of
food and water.
(8)
Any amenities, such as tennis court, swimming pool, etc., shall
be solely for the use of the resident owner and guests of the facility.
(9)
The owner shall maintain a current guest register.
(10)
Goods may be publicly displayed for sale on the premises, provided
that the area devoted to such display shall not exceed 100 square
feet.
(11)
One additional on-site parking space shall be provided for each
guest room.
(12)
Each bed-and-breakfast facility shall comply with the Federal
Life Safety Code, the rules and regulations of the Pennsylvania Department
of Labor and Industry and all other applicable building, safety, and
fire codes of the federal, state and local government.
(13)
An identification sign for a bed-and-breakfast shall be permitted
as follows:
(a)
Such signs shall be placed only on the property for which the
bed-and-breakfast has been authorized.
(b)
The area of one side on any such sign shall not exceed four
square feet.
(c)
Not more than one such sign shall be placed on any property.
(d)
Such signs may be illuminated if such lighting is shielded or
indirect; however, neon signs shall not be permitted.
(e)
Nothing herein shall prohibit an off-premises advertising sign
to said bed-and-breakfast otherwise permitted under this Zoning Ordinance.
(14)
Prior to establishing a bed-and-breakfast and issuance of zoning
permit, the applicant shall provide proof to the Sewage Enforcement
Officer that the existing septic system is suitable to handle any
increased loading to the old system that is generated from the proposed
bed-and-breakfast use.
A.
Height regulations shall not apply to spires, belfries,
cupolas, domes not used for human occupancy, nor to chimneys, ventilators,
skylights, water tanks, utility poles or towers, solar collectors,
and ornamental or necessary mechanical appurtenances
B.
For all residential uses, accessory buildings shall
not exceed 24 feet in height.
A.
On a lot held in single and separate ownership from
adjacent land, which does not fulfill the regulations for the minimum
area and yard dimensions for the district in which it is located,
a building may be erected, altered, and used thereon providing the
yard space is not less than the minimum specified herein, and further
that the proposed sanitary sewer system and water system is approved
by the Department of Environmental Protection.
B.
The area, width, and depth of lots shall provide adequate
open space for off-street loading unloading, and/or parking space.
When necessary, septic tanks and drain fields shall be provided with
open space in addition to the open space required for off-street parking,
other paved areas, and the area covered by the main building and buildings
and structures accessory thereto.
A.
Yards shall be provided in accordance with the provisions
of this chapter and shall be planted with grass, sod, or other vegetative
cover excepting in cases where walks, access drives, off-street parking
lots, patios or other types of surfaces are permitted. All yards shall
be maintained and kept free of all debris and rubbish.
B.
Where the street or streets upon which the lot abuts are less than 50 feet in width, the front yard depth and the width of the side yard abutting the street shall be measured from the ultimate street right-of-way, as defined for each street classification in the design standards set forth in Chapter 120, Subdivision and Land Development.
C.
Front yards.
(1)
When a vacant lot is situated between two lots each
occupied by a principal building within 25 feet of the side lot line
of such vacant lot which extends into the required front yard, the
front yard of such vacant lot may be the average depth of the front
yards of such two adjacent occupied lots.
(2)
Where a vacant lot adjoins only one lot occupied by
a principal building within 25 feet of the common side lot line which
extends into the required front yard of such occupied lot, the front
yard depth of such vacant lot may be the average front yard required
for the district, in which such vacant lot is located. However, the
second vacant lot from the original occupied lot must have at least
the minimum front yard depth required in the district.
D.
Side yards.
(1)
On corner lots, the side yard abutting the street
shall have width equal to the depth of the front yard required in
the district and shall be subject to all front yard requirements of
this chapter.
(2)
On a lot, in a district where residential structures
are permitted, held in single and separate ownership at the effective
date of this chapter, with a lot width less than required for the
zoning district, only one single-family dwelling may be erected, and
side yard shall be provided according to the following requirements:
(a)
On interior lots with a width of 50 feet or
more, two side yards shall be provided as required by the district
regulations.
(b)
On corner lots with a width of 50 feet or more,
two side yards shall be provided. The exterior side yard may be reduced
by the number of feet by which the lot width is less than the district
requires, but may not be reduced to less than the required interior
side yard. The interior side yard shall be provided as required by
the district regulations.
(c)
On lots less than 50 feet but not less than
27 feet in width, two side yards shall be provided, each equaling
20% of the lot width.
(d)
For such dwellings, constructed to a depth of
more than two rooms, a court not less than six feet in width shall
be provided, abutting the side wall for all rooms beyond the second
room.
(3)
On a lot, in a commercial or industrial district, held in single and separate ownership from adjacent land at the effective date of this chapter, with a lot width less than that required for the zoning district, the required side yards shall be determined by the Zoning Hearing Board upon application for a variance based on the same criteria as listed under Subsection D(2) above for residential structures.[1]
[1]
Editor's Note: Former Subsection D(4), concerning location
of an accessory building with respect to the side or rear lot line,
as amended, and (5), concerning carports, which followed this subsection,
was repealed 3-6-2012 by Ord. No. 60.
A.
Buffer yards.
(1)
Where a commercial or industrial use adjoins a residential
district or use, a buffer yard of not less than 180 feet in depth
shall be provided along the lot lines, in addition to the yard required
for the district in which it is located. The buffer yard shall adjoin
the lot lines with the required yard or yards established to the interior
of the buffer yard.
[Amended 10-16-2001 by Ord. No. 44; 3-6-2012 by Ord. No. 60]
(2)
No structure, manufacturing or processing activity,
or storage of materials shall be permitted in buffer yards. However,
access roads, service drives, and utility easements not more than
35 feet in width are permitted to cross a buffer yard provided that
the angle of the center line of the road, drive, or easement crosses
the buffer yard at an angle not less than 60º.
(3)
Parking of automobiles may not be permitted in the
buffer yard.
B.
Screen plantings. Screen plantings shall be located
in the exterior portion of the required buffer yards and shall be
in accordance with the following requirements:
(1)
Plant materials used in screen planting shall be at
least four feet in height when planted, shall be planted no more than
three feet apart, and be of such species as will produce, within three
years, a complete year-round visual screen of at least six feet in
height;
(2)
The screen planting shall be maintained permanently
and any plant material which does not live shall be replaced within
one year;
(3)
The screen planting shall be so placed that at maturity
it will be not closer than three feet from any ultimate right-of-way
or property line;
(4)
A clear sight triangle shall be maintained at all
street intersections and at all points where vehicular accessways
intersect public streets;
(5)
The screen planting shall be broken only at points
of vehicular or pedestrian access;
(6)
Screen plantings shall be provided between the property
line and any off-street parking area and any outdoor solid waste storage
area for any multifamily, townhouse, commercial or manufacturing use
where the parking or solid waste area abuts a residential zoning district
or a lot occupied by a residential use;
(8)
Prior to the issuance of a building permit, plans
for buffer yards shall be submitted for review and approval to the
Zoning Officer. Said plans shall show the arrangement of all of the
buffer yards and the placement, species, and size of all plant materials
to be placed in such buffer yard. Said plan must be reviewed by the
Planning Commission and approved by the Zoning Officer before a building
permit may be issued.
A.
Solar collectors and unenclosed ground-story terraces,
patios and uncovered porches may project into any required yard not
more than 1/2 its required dimension and not more than 10 feet in
any case.
B.
Chimneys, flues, columns, sills and ornamental architectural
features may project not more than two feet into a required yard.
C.
Covered porches, whether enclosed or unenclosed shall
be considered as part of the main building and shall not project into
any yard.
A.
Walls, fences, signs or other structures shall not
be erected or altered, and hedges, trees or other growth shall not
be planted or maintained, which may cause danger to traffic on a street
or road by obstructing the view.
B.
In all cases except single-family private residence
driveways, a clear sight triangle of 55 feet, measured along the center
lines of intersecting streets, shall be maintained; within which an
unobstructed view shall be provided by limiting such structures or
planting to a height of not more than three feet or less than 10 feet
above the street grade, excepting the trunks of street trees or other
ornamental trees whose foliage is kept trimmed to a height of 10 feet
above the street grade.
[Amended 6-20-1995 by Ord. No. 38-B]
A.
Fences and walls may be erected, altered and maintained
within the yards subject to the following height requirements:
(1)
Any such fence or wall in the front yard shall
not exceed 3 1/2 feet in height, unless such fence or wall confines
large pets or farm animals, in which case such fence or wall shall
not exceed five feet.
[Amended 6-20-1995 by Ord. No. 38-B]
(2)
Any fence or wall in the side or rear yard may
be a maximum of eight feet in height. Furthermore, any fence or wall
exceeding six feet in height shall contain openings therein equal
to 50% of the area of that portion of the wall or fence exceeding
six feet.
B.
All yards used for the storage of any material needed
for the operation or conduct of a manufacturing or commercial enterprise
shall be enclosed by a solid wall, uniformly painted board fence,
or screen planting on all sides which face upon a street or face upon
a lot in a more restricted zone.
[Amended 6-20-2000 by Ord. No. 42]
C.
If the fence is wood cover on wood frame, the framework
must face onto the interior of the lot, unless the fence is so designed
as to provide equal frame and cover area to adjoining yards.
D.
If the fence is open metal mesh, supported by posts
and frame of either pipe or wood, the posts and frames musts be on
the interior of the mesh.
E.
If the fence is of masonry construction, a finished
surface must be provided on the exterior side.
F.
No fence shall be constructed in any street or alley
right-of-way.
The minimum habitable floor area of a dwelling
unit hereafter erected shall be 600 square feet. In the case of buildings
holding or containing two or more dwelling units, the minimum habitable
floor area shall be not less than 300 square feet per dwelling unit,
except those dwelling units designed for and occupied exclusively
by one person, which dwelling units shall each contain not less than
200 square feet of habitable floor area.
A.
The illumination of any sign shall be arranged in
such a manner that the light shall be shielded from any residential
building nor fall within the right-of-way of any street or highway.
B.
Outside lights must consist of a light source and
reflector so that acting together, the light beam is controlled and
not directed across any property lines.
All uses of land, buildings and structures or
industrial processes shall be prohibited that may be noxious or injurious
by reason of the production and/or emission of dust, smoke, refuse
matter, odor, gas fumes, noise, vibration or similar substances or
condition. Uses may be permitted, except those specifically prohibited
in the district regulations or general provisions, if safeguards to
protect the health, safety, morals, and the general welfare of the
community are established by a written agreement, between the governing
body and the property owner, subject to the securing of a permit therefore
and subject to the carrying out of such provisions, restrictions,
and safeguards.
[Amended 6-20-2000 by Ord. No. 42]
A.
Drainage regulations.
(1)
Prior to obtaining a permit for any construction
or earthmoving activities the applicant must submit an erosion and
sedimentation control plan and stormwater management plan. The Perry
County Conservation District shall approve the erosion and sedimentation
control plan. The Carroll Township Board of Supervisors shall approve
the stormwater management plan upon review and recommendation of the
Township Engineer.
(2)
Such plans shall be in conformance with those standards set forth in Chapter 120, Subdivision and Land Development, and any other applicable state, county and Township Legislation or Regulations, particularly the Pennsylvania Storm Water Management Act of October 4, 1978, as amended, approved by the General Assembly on May 14, 1985.
B.
Groundwater or surface water withdrawals. In all districts,
residential subdivisions of more than four lots, whether proposed
initially or cumulatively, and any land development requiring more
than 1,000 gallons per day cumulative draw or more than 100 gallons
per acre per day withdrawal, whichever is less, of water from groundwater
or surface water shall only be permitted in compliance with the following
requirements:
[Amended 3-6-2012 by Ord. No. 60]
(1)
Submission
of a water use plan documenting that there is adequate water supply
for the proposed use without adverse impact on the quality or quantity
of groundwater or surface water supplies available for other existing
land uses or habitats. The water use plan shall be based upon a local
hydrogeological analysis quantifying estimated water depletion and
impact from the proposed withdrawal after a period of one year and
five years, during average water levels and flows as well as during
a fifty-year drought event. In conducting its analysis and proposing
a water use plan, the applicant shall use generally accepted methodologies
and standards, as approved by Township Engineer, or as may be established
by the Board of Supervisors.
(2)
Any
federal or state laws, regulations or permits applicable to such withdrawal
or affecting wildlife dependent on the water resource in question.
(3)
Any
required permit or water plan of the Susquehanna River Basin Commission.
(4)
Any
required permit or water plan of Perry County.
A.
The application for a permit for any and all uses shall be accompanied by a site plan showing building location, service and parking areas, and access to highways. Where a driveway or access road gives access to a state road or highway, approval by the Pennsylvania Department of Transportation shall be required. Where a driveway or access road gives access to a Township road, a permit, pursuant to Chapter 62, Driveways, shall be issued before access is permitted.
B.
Any application for commercial or industrial development
or use that by virtue of county, state or federal regulations require
an evacuation or emergency response due to the nature of the proposed
use shall include an evacuation and emergency response plan. The plan
shall:
(1)
Assess the existing evacuation and emergency
response capability of the Perry County Emergency Preparedness Office
and Carroll Township related to the proposed use at the proposed site.
The assessment shall include but not be limited to location and availability
of a hazardous material team, coordination effort between affected
municipalities, identification of any existing evacuation plans, identification
of all evacuation routes, identification of potential roadway blockages,
bottlenecks and geometry problems, bridge restrictions (weight limitations
and lane restrictions), flooding problems, snow emergency routes and
snow plowing hierarchy, police, fire, and ambulance response and equipment,
disabled people, and county and local communications.
(2)
Describe all development and use plans to mitigate
the possibility that an evacuation and emergency response may be needed
due to the proposed use at the site.
(3)
Propose a plan to respond to any such emergency that will address findings in Subsection B(1) above, and ensure that public health and safety is protected.
(4)
The evacuation and emergency response plan shall
be updated on an annual basis, or when a change of use/activity occurs
that requires an update. The plan shall be submitted to the Township
by the end of January of each new year. When no update is required,
a letter indicating no update is necessary shall be submitted to the
Township.
The area, width, or depth of any lot shall not
be reduced by subdivision, sale, or development so that the lot width,
lot area, lot area per dwelling unit, courts and yards, or other spaces
are smaller, or so that the coverage is greater than prescribed herein.
Courts shall conform to the following:
A.
An open space in the form of an interior court or
outer court shall be provided in connection with any building in any
residential or business district wherever any room therein in which
a person or persons live, sleep, or congregate, cannot be adequately
lighted and ventilated. Such court shall be adjacent to such rooms,
the windows of which shall open in such court. (This section shall
not apply to specialized commercial or manufacturing processes where
controlled light and/or ventilation are required.)
B.
Outer court.
(1)
The width of any outer court upon which windows
open from a living room, bedroom, or dining room, shall be not less
than the height of the wall opposite such windows.
(2)
The depth of an outer court formed by walls
on three sides shall be not greater than 1 1/2 times the width.
(3)
The width of an outer court shall be not less
than 2/3 the height of any opposing wall forming said court.
C.
Inner court.
(1)
Each dimension of an inner court shall be not
less than the full height of the walls enclosing such court, provided,
however, that not less than 50 feet for apartment buildings and not
less than 10 feet for two-family dwellings.
(2)
An open and unobstructed passageway shall be
provided for each inner court. Such passageway shall have sufficient
cross-section area and headroom for the passage of fire fighting equipment,
and shall be continuous from the inner court to a yard or unobstructed
open area with access to a street.
[Amended 6-20-2000 by Ord. No. 42]
An environmental study shall be provided for
as required in each district. A qualified environmental scientist,
licensed engineer, or licensed landscape architect shall complete
the environmental study.
A.
Limited environmental assessment (LEA). A limited
environmental assessment shall be provided for as required in districts
CF, R-A, R-1, and R-2. The LEA includes:
(1)
A narrative description and mapping of the existing
environment on the site, including but not limited to, forested areas,
geologic characteristics, ground water quality and supply, wetlands,
prime agricultural land, suitability of the soil for construction
activity, historical features, and natural diversity.
(2)
A narrative description on how the development will impact the existing environment as identified in Subsection A(1) above and measures proposed to mitigate and/or reduce the identified impacts on the environment.
(3)
In the R-1 Residential District, the LEA also shall include an assessment of traffic, as required in § 120-17C(7) of Chapter 120, Subdivision and Land Development, and socioeconomic impacts, such as, but not limited to, population, educational requirements and demands, employment, population density, police and emergency personnel response, and public recreational needs. The LEA shall also identify mitigation measures to reduce the impacts of the proposed project.
[Amended 10-16-2001 by Ord. No. 44]
(4)
A narrative description of the interrelationship
between the proposed development activity and the Carroll Township
Comprehensive Plan, this chapter, Perry County Comprehensive Plan,
and other land use plans in effect at the time of plat submission.
B.
Environmental assessment (EA). An environmental assessment
shall be provided for land developments and large subdivisions as
required in districts CF, R-A, R-1, R-2, V, C, and I. The EA shall
include:
[Amended 10-16-2001 by Ord. No. 44]
(2)
Soils engineering report describing in detail
the suitability of the soil for construction activity of the proposed
land development.
(3)
A description of the geologic characteristics
and ground water quality and supply, including the location of Harrell
Formation, which contains concentrations of natural water contaminants.
(4)
A description of the development impact on the
existing environment (e.g., forested areas, wetlands, endangered species,
etc.) and mitigation measures to reduce adverse impacts.
(5)
A narrative description of the interrelationship
between the proposed development activity and the Carroll Township
Comprehensive Plan, this chapter, Perry County Comprehensive Plan,
and other land use plans in effect at the time of plat submission.
C.
Environmental impact statement (EIS). In order to provide the Board of Supervisors with an opportunity to more effectively evaluate land development proposals for identified uses in the Industrial District (§§ 138-74F through V and 138-75A), the applicant shall be required to disclose the environmental consequences or effects of such proposals through the submission of an environmental impact statement. An EIS report shall accompany and form a part of the preliminary land development plan.
(1)
By whom prepared. The study shall be prepared
by a qualified consultant who shall be mutually agreed upon by the
developer and the Township. The study preparer shall have sufficient
documented prior environmental study experience to qualify the consultant
to perform the study and render any opinions and recommendations set
forth therein. The cost to prepare the study will be borne entirely
by the developer. The EIS report shall be certified as correct by
the preparer.
(2)
Contents. The EIS report shall be submitted
in accordance with the format and content specified below. Within
the EIS report specific emphasis shall be directed toward the proposed
project's effects on and relationship to the applicable site neighborhood,
including areas in adjacent municipalities where applicable and Township-wide
resources, conditions, or characteristics. Where required information
is contained in other plans and supporting documentation said information
may be cited by reference to said plans and supporting documentation.
The EIS report shall include text, tables, maps and analyses for the
purpose of describing the project site, proposed use(s), environmental
characteristics and the environmental effects of the proposal as follows:
(a)
An identification of the site location and area
through the use of a location map drawn at a scale of not more than
2,000 feet to the inch. The location map shall depict all streets,
adjoining properties, zoning district boundaries and municipal boundaries
within 3,000 feet or any part of the tract. In the case of development
or a section of the entire tract the location map shall also show
the relationship of the section to the entire tract.
(b)
An identification of the site character and
appearance through the presentation of color or black and white photographs
or copies thereof. Such photographs shall provide a representation
of what the site looks like from the ground. Photographs should be
properly identified or captioned and shall be keyed to a map of the
site.
(c)
An identification of the nature of the proposal
through the presentation of the following:
[1]
A site development plan including notes pertaining
to the number and type of lots or units, the square footage and/or
acreage of the tract and a depiction of the features which are proposed
such as streets, driveways, parking areas, buildings and other structures,
and all impervious surfaces. The plan shall be drawn at a scale of
not more than 100 feet to the inch and may be submitted as an attachment
to the report. The plan shall reflect all the information required
for a preliminary plan.
[2]
Plans and elevations depicting the proposed
size, square footage, height, number of rooms (where applicable) or
buildings, and/or other structures.
[3]
A statement indicating the existing and proposed
ownership of the tract and, where applicable, the type of ownership,
operation and maintenance proposed for areas devoted to open space
or otherwise not under the control of a single lot owner.
[4]
A statement indicating the proposed staging
or phasing of the project and a map depicting the boundaries of each
stage or phase of the project. Such boundaries shall be superimposed
on a version of the site development plan.
(d)
An identification of physical resources associated
with the natural environment on the tract including such features
as geology, topography, soils, hydrology and the like. The identification
of physical resources shall include a narrative description of the
qualitative and quantitative aspects of each of the resources mentioned
above. In addition these resources shall be mapped at a scale of not
more than 100 feet to the inch as specified below and may be either
incorporated into the EIS report or submitted as attachments to the
report.
[1]
A map depicting the geological characteristics
of the tract. Such map shall define the location and boundaries of
the rock formations on or influencing the tract and features such
as faults and/or fractures.
[2]
A map depicting the topographic characteristics
of the tract. Such map shall contain contours with at least two-foot
intervals and shall depict slopes from 0% to 4%, 4% to 10%, 10% to
15%, 15% to 25% and greater than 25%.
[3]
A map depicting the soil characteristics of
the tract. Such map shall depict all soil types and shall include
a table identifying soil characteristics pertinent to the proposed
subdivision and/or land development such as depth of bedrock, depth
of water table, flood hazard potential and limitations for septic
tank filter fields.
[4]
A map depicting the hydrological characteristics
of the tract. Such map shall depict surface water resources and their
drainage characteristics, watersheds, floodplains, and groundwater
resources. Surface water resources include features such as creeks,
runs, streams, ponds, other natural bodies of water, springs, wetlands
and any man-made impoundments. Groundwater resources include features
such as aquifers and aquifer recharge areas.
(e)
An identification of biological resources associated
with the natural environment or the tract including such features
as vegetation and wildlife. The identification of biological resources
shall include a narrative description of each of the resources mentioned
above. Any protected and/or endangered species as identified by the
Pennsylvania Natural Diversity Inventory shall be noted. In addition
these resources shall be mapped at a scale of not more than 100 feet
to the inch, as specified below, and may be either incorporated into
the EIS report or submitted as attachments to the report.
[1]
A map depicting the vegetation characteristics
of the tract. Such map shall define the locations and boundaries of
the wooded areas on the tract and shall note the types of vegetation
associations that exist in terms of their species, types and sizes.
In addition all trees 12 inches in caliper or greater shall be accurately
located on the map, either as freestanding trees or as tree masses.
[2]
A map depicting characteristics associated with
wildlife habitats. Such map may draw upon the vegetation, hydrology
and soil maps in order to express habitat characteristics associated
with terrestrial and aquatic wildlife on the tract and the relationship
on the overall habitat(s).
(f)
An identification of the land use conditions
and characteristics associated with the tract such as current and
past use, land cover, any encumbrances, and the relationship of these
to adjacent tracts. The identification of land use conditions and
characteristics shall include a narrative description of the above.
In addition the following maps drawn at a scale of not more than 100
feet to the inch, unless otherwise noted, shall be incorporated into
the EIS report or submitted as attachments to it:
[1]
A map depicting the land cover characteristics
of the tract. Such map shall define existing features including paved
or other impervious surfaces, wooded areas, cultivated areas, pasture,
old fields, lawns and landscaped areas, and the like.
[2]
A map depicting any encumbrances to the tract.
Such map shall define easements and other areas where certain use
privileges exist.
[3]
A map depicting the land uses adjacent to the
proposed tract. Such map may be at the same scale as the location
map.
(g)
An identification of the historic resources
associated with the tract such as areas, structures and/or routes
and trails that are significant. Areas, structures and/or routes and
trails included on the National Register of Historic Places, the Pennsylvania
Inventory of Historic Places and the Historic American Building Survey,
those identified in the Comprehensive Plan and any structure erected
prior to 1890 shall be identified. The identification of historic
resources shall include a narrative description of the above. In addition
a map drawn at a scale of not more than 100 feet to the inch depicting
historic resources shall be incorporated into the EIS report or submitted
as an attachment to the report.
(h)
An identification of the visual resources associated
with the tract such as areas that have a particular amenity value
and areas that offer interest in viewing the tract. The identification
of visual resources shall include a narrative description of the above.
In addition a map drawn at a scale of not more than 100 feet to the
inch depicting visual resources shall be incorporated into the EIS
report or submitted as an attachment to the report.
(i)
An identification of the community facility
needs associated with the user and/or resident of the proposed subdivision
and/or land development. The community facility needs assessment shall
indicate in narrative form the type of services that will be in demand.
Where applicable, community facilities (such as schools, park and
recreation areas, libraries, hospitals and other health care facilities,
fire protection, police protection, ambulance and rescue services
and postal services) shall be discussed in terms of:
(j)
An identification of the utility needs associated
with the user and/or resident of the proposed subdivision and/or land
development. The utility needs assessment shall indicate in narrative
form the type of installations that will be in demand. Utilities (such
as those used for water supply, sewage disposal, refuse disposal,
storm drainage, communications and electrical transmission) shall
be discussed in terms of the ability of existing utility installations
to accommodate the demands of the future users and/or residents on
the lots and/or tract, the need for additional or expanded utility
installations, the ability to achieve an adequate quantity of potable
water whenever individual wells are proposed, the ability to achieve
an adequate system for on-site sewage disposal whenever such a system
is proposed, and the ability to achieve an adequate system for storm
drainage and stormwater management.
(k)
An identification of the relationship of the
transportation and circulation system needs of the proposed subdivision
and/or land development to the existing street or highway network.
A discussion of this relationship shall be in narrative form and shall
indicate factors such as methods to be used for traffic control within
the tract and any points of ingress to and egress from it, and expected
traffic volumes generated from the subdivision and/or land development,
including their relationship to existing traffic volumes on existing
streets for both peak-hour and nonpeak-hour traffic conditions. In
addition there shall be a discussion of the physical condition of
existing streets that will service the proposed subdivision and/or
land development and what improvements are proposed to remedy any
physical deficiencies.
(l)
An identification of the anticipated population
characteristics related to the proposed subdivision and/or land development.
The characteristics, which shall be presented in narrative form, shall
include a profile of the future users and/or residents of the lot
and/or tract including information such as the number of people expected.
Such information shall be related to initial and completed subdivision
and/or land development conditions.
(m)
An identification of the economic and fiscal
characteristics related to the proposed subdivision and/or land development.
The characteristics that shall be presented in narrative form shall
include a profile of the Township, county and school district revenues
that the proposal may generate and the Township, county and school
district costs it may create. Such information shall be related to
initial and completed subdivision and/or land development conditions.
(n)
An identification of characteristics and conditions
associated with existing construction-related and future air and water
quality, light and noise levels, vibration, toxic materials, electrical
interference, odor, glare and heat, fire and explosion, smoke, dust,
fumes, vapors and gases and/or radioactive materials.
(o)
The implications of the proposed subdivision and/or land development in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects there shall be a discussion of the implications of the proposed subdivision and/or land development to the resources, conditions and characteristics described in Subsections C(2)(d) through (n) above. In addition to a narrative presentation of implications, the applicant shall display where the subdivision and/or land development adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of not more than 100 feet to the inch, wherein the areas adversely affected from proposed development are highlighted. Such map may be either incorporated into the EIS report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIS report how and where the findings in the EIS report and its attachments are reflected in the subdivision and/or land development plan.
(p)
Alternatives to the proposed subdivision and/or
land development. To indicate such alternatives, the applicant shall
submit exhibits or diagrams which will depict the type of alternatives
described in narrative form. The applicant shall comment on how alternatives
such as revised location, redesign, layout or siting of buildings,
roads and other structures, alternate methods for sewage disposal
and water supply, reduction in the size of proposed structures or
number of structures, and the like would preclude, reduce or lessen
potential adverse impact or produce beneficial effects.
(q)
Probable adverse effects which cannot be precluded.
In indicating such effects, a discussion shall be presented regarding
whether they will have primary or secondary implications; that is,
whether the adverse effects will have direct or indirect influence
on a particular resource, condition or characteristic.
(r)
Measures to mitigate adverse effects. To indicate
such measures, the applicant shall submit exhibits or diagrams which
will depict the type of remedial, protective and mitigative measures
described in narrative form. These resources shall include those required
through existing procedures and standards and those unique to a specific
project as follows:
[1]
Mitigation measures which pertain to existing
procedures and standards are those related to current requirements
of the state, county and/or Township for remedial or protective action
such as sedimentation and erosion control, stormwater runoff control,
water quality control, air quality control, and the like.
[2]
Mitigation measures related to impacts that
may be unique to a specific subdivision and/or land development are
those related to efforts such as revegetation, screening, fencing,
emission control, traffic control, noise control, relocation of people
and/or businesses, land acquisition and the like.
(s)
Any irreversible environmental changes which
would occur due to the proposed subdivision and/or land development
should it be implemented. To indicate such changes, the use of nonrenewable
resources during the initial and continued phases of the subdivision
and/or land development shall be discussed. Further, the loss of environmental
resources shall be indicated through a presentation of the quantity
of loss and related qualitative effects.
(t)
A narrative description and mapping of all historical
features and natural diversity as identified by the Pennsylvania Historical
Commission and the Pennsylvania Natural Diversity Inventory. The narrative
shall describe the feature(s) and how it/they will be affected by
the proposed development activity.
(u)
A narrative description of the interrelationship
between the proposed development activity and the Carroll Township
Comprehensive Plan, this chapter, Perry County Comprehensive Plan,
and other land use plans in effect at the time of plat submission.
(3)
In making its evaluation, the Township shall ensure that all applicable EIS requirements are addressed in the EIS submission. Failure to submit a completed EIS shall result in the Township declaring the EIS incomplete. The Planning Commission and/or the Board of Supervisors may request additional information to ensure compliance with the purpose of the EIS. Further, whenever any information requested in Subsection C(2) above is not applicable to the proposed subdivision and/or land development, the EIS shall indicate which sections are not applicable along with specific reasons why the subsection is not applicable. The Planning Commission, upon reviewing the specific reasons why a subsection is not applicable, may accept or reject the specific reasons. In the case of rejection, the applicant shall amend the EIS to include the required information.
