The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations.
A.
Residential lots and subdivided parcels shall have
no structure in addition to the principal structure, on the same lot
used for dwelling purposes, except when specifically provided for
in appropriate sections of this chapter.
B.
Where a lot is used for a permitted nonresidential
purpose, more than one principal nonresidential structure may be located
upon the lot, but only when such structures conform to all land use,
lot coverage and yard requirements for the district in which it is
located.
C.
Accessory buildings and structures shall be permitted
only when in conjunction with a primary building on any lot, tract
or parcel of land in R-1 Districts; and only when in conjunction with
a primary building or permitted use activity in A-1, C-1 and C-2 Districts.
D.
Additional dwelling units to be occupied by a relative,
a hired helper or employee may be permitted in an A-1 District provided
a minimum site of two acres is delineated at the site of each dwelling
unit situated on the property.
E.
The Zoning Officer may grant a permit for a period
not to exceed six months, renewable once, for the temporary placement
of a mobile home, travel trailer, pick-up coach, or motorized home
to be used for living or housekeeping purposes under the following
circumstances:
(1)
The mobile home, travel trailer, pick-up coach, or
motorized home is placed on a parcel that contains a single-family
dwelling that was rendered uninhabitable by fire, storm, explosion,
or act of God, and the applicant for the permit had been occupying
the single-family dwelling as his primary residence at the time of
the adversity;
(2)
The single-family dwelling is in the process of repair
or reconstruction at the time the permit is requested, or will be
under repair or reconstruction within a reasonable period of time
thereafter; and
(3)
The temporary living unit is equipped with adequate
provisions for sanitation and is properly anchored to withstand normal
weather conditions.
F.
Temporary structures used in conjunction with construction
work shall be permitted only during the period that construction work
is in progress. Permits for temporary structures shall be issued for
a maximum period of six months.
A.
Notwithstanding the limitations imposed by any other
provisions of the chapter, the Zoning Hearing Board may permit erection
of a dwelling on any lot (in a district where permitted by this chapter)
separately owned, or under contract of sale, and containing at the
time of the passage of this chapter an area or width smaller than
that required for a single-family dwelling.
B.
No lot area, though it may consist of one or more
adjacent lots of record, shall be reduced in area so that the minimum
yard lot area per family, lot width, building area or other requirements
of this chapter are reduced beyond compliance.
C.
Side and rear yard: No structure, whether attached
to the principal structures or not, including porches, garages, carports,
balconies or platforms above normal grade level, shall project into
any minimum side or rear yard.
D.
Front yard:
(1)
No structures whether attached to the principal structures
or not, including garages, carports or balconies above normal grade
level, shall project into any minimum front yard.
(2)
Video satellite dish installations shall be established
to the rear of the front building line and no portion of the unit
or its mounting shall be situated within any required minimum side
or rear lot setback areas.
E.
Lots having frontage on more than one street shall
provide the required building setback on every street. (See definition
"yard, front.")
[Amended 4-9-2014 by Ord.
No. 1-2014]
A.
General rule. It is the public interest for the Township to regulate
the location, design, construction, maintenance and drainage of driveways
and similar encroachments and obstructions within Township roadways
for the purpose of security, economy of maintenance, safety of the
public, preservation of proper drainage, and reasonable access.
B.
After the effective date of this section, unless in conformity with
the regulations set forth herein, it shall be unlawful for any owner
to:
(1)
Install or place or maintain any new sluice or stormwater pipe or
similar drainage facility along or adjacent to a Township roadway
in connection with the construction, alteration, or maintenance of
a driveway or other exit from or entrance to a Township roadway;
(2)
Replace, alter or relocate any existing sluice or water pipe or similar
drainage facility located under any existing Township roadway;
(3)
Maintain any driveway approach to a Township roadway or maintain
any sluice or water or other drainage facility in connection with
a driveway or approach to a Township roadway in such a condition as
will not adequately permit the flow of drainage water flow and anticipated
and experienced stormwater flow through the said sluice, pipe or drain
or in such a manner or condition as contributes to the damage and
deterioration of any Township roadway;
(4)
Construct or install any driveway entrance or exit from a Township
roadway;
(5)
Alter the surface of that portion of any driveway entrance or exit
located upon any Township roadway right-of-way which alteration shall
include but not necessarily be limited to the installation of a paved
or other permanent surface.
C.
Driveway standards.
(1)
General rule. All driveways shall be located, designed, constructed
and maintained in such a manner as not to interfere or be inconsistent
with the design, maintenance, and drainage of the roadway.
(2)
Finished surface. The finished surface of any driveway shall be maintained
at or below the elevation of the finished surface of the cartway for
not less than two feet from the point of intersection of the driveway
and the cartway.
(3)
Discharge of surface water prohibited. No surface water shall be
permitted to be discharged onto the cartway of the roadway in a way
that would have a detrimental effect on the roadway drainage systems.
(4)
Stormwater controls.
(a)
Provision shall be made at all intersections of driveways with
roadways to ensure adequate stormwater drainage. All roadside swales,
existing or proposed, must be maintained and continued across the
driveway. Where this is not feasible, a drainage pipe with a minimum
pipe diameter of 15 inches must be installed under the driveway in
the swale area meeting applicable PennDOT requirements.
(b)
Driveways shall not impede the natural flow of stormwater drainage
along any roadway, nor may a driveway impede the natural flow of stormwater
in a swale or roadside stream.
(c)
Driveways shall be designed, constructed and/or maintained to
prohibit the flow or movement of stone, mud, or particulate onto the
roadway. In no case shall stormwater flowing down a driveway be permitted
to cross a roadway.
(5)
Stormwater drainage pipes. All drainage pipes installed or replaced
after the effective date of this section shall:
(a)
Be 15 inches in diameter unless the Board of Supervisors shall,
after reviewing the situation and conditions, permit a pipe of lesser
diameter;
(b)
Be made of suitable, long-lasting material meeting the requirements
as from time to time may be established by the Board of Supervisors;
and
(c)
Be installed in a place, manner and elevation with the intention
that the same shall carry the existing and anticipated regular and
stormwater flows. The installation shall be made in accord with such
other requirements as may reasonably be imposed by the Board of Supervisors
or by the Township Engineer. The pipe utilized must be permanently
bonded or welded together so that it will not separate or erode.
D.
Construction.
(1)
Upon start of construction within the right-of-way, such construction
shall be completed within 30 days. At no time shall road drainage
or cartway be left in a restricted condition.
(2)
If the Township shall, after inspection, find any existing sluice
or drainage pipe is presently installed or maintained in such a manner
as to be insufficient to accommodate the experienced and anticipated
regular and stormwater flows or in such other manner that it fails
to comply with this section, the Township Engineer may direct and
the owner of the property shall provide and install a sluice pipe
or drainage pipe meeting the requirements of this section at the owner's
expense. The same shall be installed in accord with the directions
reasonably given by the Board of Supervisors or the Township Engineer.
(3)
All driveways and stormwater controls shall be built in compliance
with all applicable federal, state, and local laws.
E.
Maintenance.
(1)
All driveways shall be maintained by the owner in such a manner as
not to interfere with the maintenance or drainage of roadways, nor
the safe and convenient passage of traffic upon the roadway.
(2)
Repairs to driveways, driveway entrances, drains, pipes, or culverts
shall be performed in such a manner that the repairs shall not interfere
with the roadway or roadway drainage systems.
(3)
Maintenance of all new and existing private driveways is the responsibility
of the owner. The cost of such maintenance shall be borne by the owner,
including the cost of replacement of driveway pipes or culverts.
(4)
The Township will not be responsible for damage to macadam or other
driveway surfaces located within the Township right-of-way.
F.
Violations.
(1)
It shall be a violation of this article for any owner to construct
or maintain any driveway drainage system not in compliance with the
requirements of this article. In the event any owner shall construct
or maintain a driveway that does not conform to the requirements of
this article, the Board of Supervisors may order such owner to remove
the improper work and replace the same in compliance with this article.
Notice to remove and replace the improper work shall be given by registered
or certified mail, and shall state that the owner shall have 30 days
from receipt of notice to comply herewith ("notice of noncompliance").
In the event any owner shall fail to remedy such violation with 30
days after receipt of the notice of noncompliance, the Township may
institute summary proceedings before the Magistrate seeking a fine
or penalty not to exceed $500 per day, per violation.
(2)
In addition, upon owner's failure to timely comply with a notice
of noncompliance, the Township may do or cause the requested repairs
to be done by such independent contractor as the Township may engage
and may levy the cost of its work on such owner as a municipal lien
to be collected in any manner provided by law. The Township shall
not bear any liability for damage caused to owner's property,
real or personal, for repairs completed upon owner's failure
to comply with the notice of noncompliance.
G.
Waivers. The provisions of this article are intended as a minimum
standard for the protection of public health, safety, and welfare.
Any person desiring a waiver of the requirements of this article shall
make application for such waiver in writing, identifying the section
of the article from which a waiver is requested, the reasons for the
waiver, and the alternative proposed. If the literal compliance with
any mandatory provision of this article is shown by the applicant,
to the satisfaction of the Board of Supervisors, to be unreasonable
or to cause undue hardship as it applies to a particular property,
or if the applicant evidences that an alternative proposal will allow
for equal or better results, the Board of Supervisors may grant a
waiver from such mandatory provisions so as to permit the reasonable
utilization of the property. The granting of any such waiver shall
not have the effect of making null and void the intent and purpose
of this article. In granting a waiver, the Board of Supervisors may
impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this article.
A.
No excavation that has an obvious or identified potential
of creating adverse environmental circumstances, such as erosion,
slip-slide areas, subsidence, watercourse changes, air or water pollution
or similar conditions, shall be undertaken until a zoning permit has
been issued by the Zoning Officer.
B.
The applicant for a permit to proceed with excavation
shall obtain all permits and authorizations required by local and
any other county, state and federal governmental agencies having jurisdiction
over such matters, prior to approval of a zoning permit by local authorities.
C.
Normal agricultural activities, commonly and routinely
engaged in by farm and residential residents in the Municipality,
shall not be considered excavations and shall not require permits.
D.
No cut or fill grade shall exceed a slope of 3:1 or
33 1/3%. This provision shall apply to all cuts and fills exceeding
1000 square feet in exposed surface area including cuts or fills on
land naturally exceeding 3:1 in slope.
E.
All lands steeper than 10:1 slope, from which structures
or natural cover have been removed or otherwise destroyed, shall be
appropriately graded and seeded within a reasonable time of such clearance
activity. The phrase "a reasonable time" shall be interpreted to be
within two weeks during the growing season and shall be rigidly applied
to construction activities in order to accomplish the intent of keeping
erosion to an absolute minimum.
F.
No cutting, filling or other disturbing of land and
natural vegetation is permissible within 50 feet of the center line
of natural drainage courses except as permitted by action of the Zoning
Hearing Board. In such cases, the Board may grant permission, provided
special precautions are taken to ensure against continuing erosion
or other circumstances which may be harmful to the immediate watercourse
or in any way pollute the stream. All such action shall be in accordance
with PA-DEP rules and regulations.
G.
All earthmoving activity shall comply with the Erosion
and Sedimentation Control Amendment to the Pennsylvania Clean Streams
Law of 1937, P.L. 1987 and P.L. 177,[1] all requirements of the Pennsylvania Department of Environmental
Protection and other applicable federal, state, county or local agency
or authority having enforcement jurisdiction.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq., specifically, 35 P.S. § 691.901 et seq.
Essential services as defined in this chapter
shall be permitted as special exceptions in all zoning districts,
subject to restrictions approved by the Zoning Hearing Board with
respect to use, design, yard area, setback and height. The Board shall
consider the impact of the use, activity, or structure involved, on
adjacent land uses in terms of safety, potential for property devaluation
and related factors.
A.
Measurement of height shall be the vertical height
from the average elevation of finished grade at the front of the structure
to:
B.
A habitable attic shall be counted as a story.
C.
The height limitations of this chapter shall not apply
to flagpoles, church spires, belfries, domes or similar projections
not used for human occupancy, nor to chimneys, ventilations, skylights,
water tanks, public utility facilities, bulkheads, silos, antennas
and other necessary mechanical and operational apparatus usually carried
above the roof level.
A.
All land use activities shall comply with the requirements
of this section. The Township may require evaluation by a qualified
consultant, whose cost for services shall be borne by the applicant,
in cases where issues develop over the need for, or the adequacy of,
compliance.
B.
Fire prevention. Fire prevention and fire control
equipment acceptable to standards of the Board of Fire Underwriters
or other appropriate regulatory agency shall be readily available
where any activity involves the handling of flammable or explosive
materials.
C.
Steady-state noise emanated from stationary equipment.
Steady-state noise emanating from stationary equipment or sources,
which will persist during indefinite or periodic intervals of time
over a period of more than seven consecutive days onto adjacent real
properties or to a receiving property within any district within the
Township, shall not exceed the maximum noise levels prescribed in
this section.
(1)
No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in Subsection C(2). of this section when measured at the following locations:
(3)
Sound measurements made to determine compliance with
the conditions and standards of this section shall be made using a
sound level meter which conforms to Type 1 or Type 2 as specified
in ANSI Specifications S1, 4-1971.
D.
Odor. No malodorous gas or matter that is discernible
on any adjoining lot or property shall be permitted except for normal
farm operations carried on in the A-1 District.
E.
Air pollution. No pollution of air by flyash, dust,
smoke, vapors, or any substance that is harmful to health, animals,
vegetation or other property shall be permitted.
F.
Erosion. No erosion by wind or water that will carry
objectionable substances onto neighboring properties shall be permitted.
G.
Water pollution. Water pollution in violation of any
standards established by the Pennsylvania Department of Environmental
Protection shall not be permitted.
A.
No lot or premises may be used as a storage area or
dump for garbage, junk automobiles, appliances or storage or collection
of any other miscellaneous items except as provided for in appropriate
articles of this chapter or other applicable Township statutes.
B.
No more than two vehicles or motorized equipment units
that are disabled, from which the wheels or engine have been removed,
or which are not in operating condition or do not have current motor
vehicle license and/or inspection stickers attached, shall be placed,
parked or stored for a period exceeding 30 days, in any district,
nor shall any owner or occupant of the property in any district permit
said property to be used for the parking or storage of such vehicles
or equipment. The foregoing shall not prohibit the rental of space
in a private or public garage, repairs in a permitted garage in a
commercial district, or storage of vehicles in a junkyard. This regulation
is not meant to apply to operable antique or classic motor vehicles,
farm tractors, racers and other vehicles not requiring state inspection.
C.
Any material stored outside an enclosed structure
being used for commercial or industrial purposes, as an incidental
part of the primary operation, shall be screened by opaque ornamental
fencing, walls or evergreen plant material in order to minimize visibility
if the storage area is readily visible from adjoining properties zoned
R-1. Materials shall not be deemed to include operable vehicles. In
addition, bulk flammable fuel storage shall be no closer than 1,000
feet to an existing dwelling, school, hospital or related residential
use.
D.
Where required, a screen shall have a height adequate
to achieve its purpose. Plant materials used for screening shall consist
of dense evergreen plants. They shall be of a kind, or used in such
a manner, so as to provide a continuous opaque screen within 24 months
after commencement of operations in the area to be screened. The Governing
Body shall require that either new planting or alternative screening
be provided if, after 24 months, the plant materials do not provide
an opaque screen.
E.
Mobile recreational vehicles, such as travel trailers,
pickup coaches, motorized homes and boat trailers parked or stored
in A-1 and R-1 Districts shall be subject to the following requirements:
(1)
At no time shall such parked or stored camping and
recreation equipment be used for general residential purposes; however,
(2)
Mobile recreational vehicles parked or stored in agricultural
or residential districts may be used by family members or visitors
at the on-site residence for temporary camping for periods not to
exceed 90 consecutive days.
A.
Individual mobile homes, not a part of a mobile home
park, that are installed where permitted on private land as single-family
residential dwellings shall comply with all regulations for conventional
dwelling houses with respect to size, setback and side lines of the
district in which it will be sited, and shall meet the following additional
requirements:
(1)
The mobile home shall be installed to conform with
all front yard, side yard and rear yard setback lines applicable to
housing in the district.
(2)
The mobile home shall be installed upon, and securely
fastened to, a frost-free foundation, basement or footer.
(3)
An enclosure of compatible design and material shall
be erected around the entire base of any mobile home not mounted on
an enclosed foundation or basement. Such enclosure shall provide sufficient
ventilation to inhibit decay and deterioration of the structure.
(4)
The mobile home shall be connected to both public
water and sewer systems, if available. If not, the owner shall provide
a potable water supply and shall provide a septic system which meets
all standards of the Pennsylvania Department of Environmental Protection.
(5)
Any garage, utility shed, or other accessory building
constructed on the tract shall be designed and constructed of materials
that are aesthetically compatible with the principal unit.
(6)
Room or floor area additions, patios, porches and
carports shall be designed and erected to be safe and aesthetically
compatible with the unit.
(7)
Individual mobile homes, house trailers or similar
structures that are, or have been, designated for mobility, shall
not be used as dwelling units in any district within the Municipality,
except in duly approved parks.
All development within flood-prone areas of Independence Township shall conform to applicable requirements of Chapter 103, Floodplain Management, of the Code of the Township of Independence, and all amendments thereto.
[Added 2-12-1997 by Ord. No. 1-97]
A.
Cellular communication antenna as defined in this
chapter shall be permitted in all zoning districts as a conditional
use; however, uses shall be authorized in residential districts only
when it is demonstrated by technological evidence that the antenna
must be located where proposed to satisfy its function in the operational
grid system. Condition use applications may be authorized pursuant
to the following standards and criteria:
(1)
Existing structures.
(a)
In order to minimize the number of antenna support
structures needed in the community in the future, proposed support
structures shall be required to accommodate other users, including
other cellular communication companies, and local police, fire and
ambulance companies.
(b)
A cell site with antenna that is attached to
an existing communication tower, smoke stack, water tower or other
tall structure, is permitted in all zoning districts, if the height
of the antenna will not exceed the height of the existing structure
by more than 15 feet. If the antenna is to be mounted on an existing
structure (and is within the fifteen-foot limit) it shall be authorized
as a use by right and the applicant shall not be required to meet
the standards and criteria specified below.
(2)
New structures.
(a)
A cell site with antenna that is either not
mounted on an existing structure, or is more than 15 feet higher than
the structure on which it is mounted, is permitted in all zoning districts,
but requires prior approval as a conditional use.
(b)
If the cellular communications company proposes
to build a new tower, it is required to demonstrate that it contacted
the owners of tall structures within a one-quarter mile radius of
the site proposed, asked for permission to install the antenna on
those structures, and was denied for reasons other than economic ones.
This would include smoke stacks, water towers, tall buildings, antenna
support structures of other cellular communications companies, other
communications towers (fire, police, etc.) and other tall structures.
The Municipality may deny the application to construct a new tower
if the applicant has not made a good faith effort to mount the antenna
on an existing structure.
(c)
All other uses ancillary to the antenna and
associated operational equipment (including a business office, maintenance
depot, vehicle storage, etc.) are prohibited from the cell site, unless
otherwise permitted in the zoning district in which the cell site
is located.
(3)
Application requirements for conditional use. The
application for conditional use shall include a development and operational
plan. The following information, and all other data deemed appropriate
and necessary to demonstrate that the intent and purposes of this
chapter will be achieved, shall be included:
(a)
A description of the character, timing and duration
of the proposed construction, operation and use of the facility, including
maps and plans showing the location of the site, all access routes
from public roads, and the regional area to be influenced by the proposed
activity and use.
(b)
A full site plan drawn to scale for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required in Chapter 178, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure. No building permits shall be issued until after final approval of the application and the final approval and recording of a subdivision site plan.
(c)
Complete plans of the proposed tower and all
auxiliary structures and support facilities. The applicant shall demonstrate
that the proposed antenna and support structures are safe and the
surrounding areas will not be negatively affected by support structure
failure, falling ice or other debris, electromagnetic fields or radio
frequency interference. All support structures shall be fitted with
anti-climbing devices, as approved by the manufacturers.
[1]
The Township Supervisors may require independent
studies and reviews of all such assurances. These shall be prepared
by qualified professionals acceptable to both the developer and the
Governing Body. The cost of all such studies and reviews shall be
borne by the applicant in cases where issues develop over the need
for, or the adequacy of, safety and compliance with this chapter.
(d)
The applicant shall demonstrate that the antenna
is the minimum height required to function satisfactorily. No antenna
that is taller than this minimum height shall be approved. Antenna
support structures under 200 feet in height should be painted silver
or have a galvanized finish retained in order to reduce the visual
impact. Support structures may be painted green up to the height of
nearby trees. Support structures 200 feet in height or taller, or
those near airports, shall meet all Federal Aviation Administration
regulations. No antenna support structure may be artificially lighted
except when required by the FAA.
(e)
Setbacks from base of antenna support structure.
If a new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the minimum distance between
the base of the support structure or any guy wire anchors and any
property line shall be as follows:
(f)
All buildings and structures on the site other
than the antenna support structure and any guy wire anchors shall
conform to the setback and dimensional requirements that apply to
the zoning district in which the site is located.
(g)
A fence shall be required around the antenna
support structure and other equipment, unless the antenna is mounted
on an existing structure. The fence shall be a minimum of eight feet
in height. The entire fence shall be constructed in a manner to prevent
the entry onto the portion of the premises on which the use is situated,
by unauthorized persons, domestic animals or livestock.
(h)
All applicable parking, sign and other requirements
of this chapter shall apply. If the cell site is fully automated,
adequate parking shall be required for maintenance workers. If the
site is not automated, the number of required parking spaces shall
equal the number of people on the largest shift.
(i)
The site, including all structures, shall be
constructed and landscaped in a manner appropriate to the district
in which it is located. Open areas shall be covered with an appropriate
vegetation and properly maintained.
[1]
Suitable landscape screening or buffers shall
be developed, if deemed necessary by the Governing Body, to minimize
visibility of outside storage or ground-level operational functions
if said activities are readily visible from adjoining properties used
for residential purposes. Where required, a screen or buffer shall
have a height adequate to achieve its purpose.
[2]
Plant materials used for screening shall consist
of dense evergreen plants. They shall be of a kind, or used in such
a manner, so as to provide a continuous opaque screen within 24 months
after commencement of operations in the area to be screened. The Governing
Body shall require that either new planting or alternative screening
be provided if, after 24 months, the existing plantings do not provide
an opaque screen.
[3]
The Governing Body may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if they achieve the same degree of
screening as the required landscaping. If the antenna is mounted on
an existing structure, and other equipment is housed inside an existing
structure, landscaping shall not be required.
(j)
When applicable, the applicant shall have obtained
from each appropriate state and federal regulatory agency or authority,
a permit issued in accordance with all applicable state and federal
laws, directives and regulations for the proposed use.
[Added 12-9-2009 by Ord. No. 6-2009; amended 7-10-2013 by Ord. No.
2-2013]
Where a use is not listed as a permitted, conditional or special
exception use in any zoning district within the Township, a landowner
and/or developer may request special exception use approval, in which
case the Zoning Hearing Board shall, upon consideration of a recommendation
from the Planning Commission, determine if the characteristics of
the proposed use are of the same general character as any of the uses
authorized as permitted uses by right, conditional uses or uses by
special exception in the zoning district in which the property is
located. In order to receive approval, the Zoning Hearing Board must
determine that the impact of the proposed use on the environment and
adjacent streets and properties is equal to or less than any use specifically
listed in the applicable zoning district. In making such determination,
the Zoning Hearing Board shall consider at least:
A.
The floor area of the building or gross areas of the lot devoted
to the proposed use;
B.
The number of employees, visitors, customers, etc., resulting from
the proposed use;
C.
The type of products, materials and equipment and/or processes involved
in the proposed use;
D.
Traffic and environmental impacts and the ability of the proposed
use to comply with the criteria set forth within the Township Code;
E.
The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located;
F.
The proposed use shall comply with any applicable express standards
and criteria specified in this article for the most nearly comparable
use by special exception or conditional use listed in the zoning district
in which the comparable use is proposed; and
