[Amended 11-13-2007 by Ord. No. 2007-5; 11-10-2009 by Ord. No. 2009-3]
Accessory structures are permitted in all districts. Accessory structures may be prefabricated and/or prebuilt, except that the unit/structure shall not have been built and titled under the Pennsylvania Vehicle Code, Commonwealth of Pennsylvania. All accessory structures shall conform with the minimum yard regulations established in the zoning districts, except as permitted below. See § 255-28 for additional provisions relating to portable storage units and roll-off dumpsters.
A.
Unattached structures accessory to residential buildings.
Structures accessory to residential buildings which are not attached
to a principal structure shall not be higher than 25 and may be erected
within the required rear or side yard of a principal structure provided
that they conform with the following:
[Amended 12-9-2014 by Ord. No. 2014-6]
B.
Unattached structures accessory to nonresidential buildings. Such
accessory structures shall comply with front and side yard requirements
for the principal structure and shall have a minimum rear yard of
at least 20 feet. Stormwater facilities shall be treated as structures
and shall have a minimum front, side and rear yard of 20 feet.
[Amended 12-9-2014 by Ord. No. 2014-6]
C.
Attached structures accessory to residential buildings.
Unenclosed structures accessory to residential buildings which are
attached to a principal structure may project into required setbacks
as follows:
(1)
Uncovered stairs and landings to the main floor, canopies,
eaves, porches, decks, patios, awnings, or other architectural features
not required for structural support, may project into the front setback
by not more than four feet, and into the required side and rear setbacks
up to 15 feet, but in no event closer than 10 feet to a side lot line
or 15 feet to a rear lot line.
(2)
Fire escapes and uncovered stairs and landings providing
access to or from levels above or below the main level of a residential
structure may project into the required side or rear setback not more
than three feet, but shall not be permitted in the front yard.
D.
Accessory dwelling units (ADU). In all districts where residential
uses are permitted, and subject to the requirements of the applicable
district, ADUs shall be permitted subject to the following the following
requirements:
[Added 12-9-2014 by Ord. No. 2014-6]
(2)
ADU residents shall apply for, and annually renew, an ADU occupancy
permit for the ADU use. Such application and subsequent renewal shall
be conditioned on proof that the ADU resident(s) is/are related to
the owner of the principal dwelling, as provided in the definition
of ADU.
(3)
Within six months of an ADU resident ceasing to inhabit the ADU,
or within six months of failing to renew an ADU occupancy permit,
the principal dwelling owner shall reconvert the ADU area to a part
of the principal dwelling so that it will no longer be a separate
unit.
(4)
One additional off-street parking space.
(5)
Any ADU constructed below grade must provide adequate emergency egress
in conformance with the Pennsylvania Uniform Construction Code.
(6)
If an ADU increases the total number of bedrooms contributing to
the existing septic system to four or more, the Township Sewage Enforcement
Officer shall be notified to inspect and approve the septic system
for any increase in sewage flows.
(7)
The appearance of the principal dwelling structure shall remain that
of a single-family dwelling.
E.
Child day-care facilities. A family day-care home or a group child-care
home may be permitted as an accessory use to a single-family dwelling
where permitted by the zoning district. Either accessory use must
be meet all requirements of the Township Code and DPW, including applicable
approvals and licensures under 55 Pa. Code, Chapter 3290.
[Added 12-9-2014 by Ord. No. 2014-6]
F.
Accessory
solar energy systems (ASES).
[Added 11-9-2021 by Ord. No. 2021-5]
(1)
All ASES must adhere to the following performance standards.
(a)
ASES with a kilowatts-per-hour (kWh) electricity production
of 12 kWh or less are exempt from this subsection, but will require
a building permit and must comply with all applicable provisions of
the Uniform Construction Code. Building permits submitted for ASES
to be exempt hereunder shall include a certification of the kWh electricity
production expected from the ASES.
(b)
ASES constructed prior to the effective date of this section
shall not be required to meet the terms and conditions of this subsection.
Any physical modification to an existing ASES, whether or not existing
prior to the effective date of this section, must adhere to the provisions
in Section 403.42 of the Uniform Construction Code concerning permit
requirements and exemptions.
(c)
Upon installation, the ASES shall be maintained in good working
order in accordance with standards of the Township codes under which
the ASES was constructed. Failure of the property owner to maintain
the ASES in good working order is grounds for appropriate enforcement
action by the Township. The Township may perform the services required
and charge the owner appropriate fees. Nonpayment of fees may result
in a lien against the property.
(d)
All ASES shall comply with the glare provisions located at § 255-40B(10) of this chapter.
[1]
In addition to this, solar panel placement in the ASES should
be prioritized to minimize or negate any solar glare onto nearby properties
or roadways without unduly impacting the functionality or efficiency
of the solar system.
[2]
The Township may require a glare study to be completed and submitted
at any time after the ASES is installed.
(e)
All on-site transmission and plumbing lines shall be attached
flush to the solar array racking system or placed underground to the
extent feasible. Any off-site transmission lines must be placed within
a legal right-of-way and proof of the right-of-way shall be provided
to the Township prior to installation of the ASES. Privately owned
off-site transmission lines proposed to be in a public street right-of-way
shall require Township approval and a right-of-way agreement with
provisions indemnifying the Township from all liability related to
the transmission lines.
(f)
The ASES must be properly maintained and be kept free from all
hazards, including, but not limited to, faulty wiring, loose fastenings,
being in an unsafe condition or detrimental to public health, safety
or general welfare. In the event of a violation of any of the foregoing
provisions, the Zoning Officer shall give written notice specifying
the violation to the owner of the ASES to conform or to remove the
ASES.
(g)
Each ASES and all other solar-related equipment shall be removed
within 12 months of the date when the use has been discontinued or
abandoned by the system owner and/or operator, or upon termination
of the useful life of same.
(h)
The ASES shall be presumed to be discontinued or abandoned if
no electricity is generated by such solar collector for a period of
six continuous months.
(2)
Ground-mounted accessory solar energy systems.
(a)
ASES installers must certify they are listed as a certified
installer on the PA Department of Environmental Protection's
(DEP) approved solar installer list or that they meet the criteria
to be a DEP-approved installer by meeting or exceeding one of the
following requirements:
[1]
Is certified by the North American Board of Certified Energy
Practitioners (NABCEP).
[2]
Has completed an Interstate Renewable Energy Council (IREC)
Institute for Sustainable Power Quality (ISPQ) accredited PV training
program or a PV manufacturer's training program and successfully
installed a minimum of three PV systems.
[3]
For residential applications, a registered home improvement
contractor with the Attorney General's Office.
(b)
The owner of a ground-mounted ASES shall provide the Township
written confirmation that the public utility company to which the
ASES will be connected has been informed of the customer's intent
to install a grid-connected system and approval of such connection.
Off-grid systems shall be exempt from this requirement.
(c)
The display of advertising is prohibited except for reasonable
identification of the manufacturer of the system.
(e)
Freestanding ground-mounted ASES solar panels shall not exceed
the applicable maximum height requirements in the underlying zoning
district.
(f)
The following components of an ASES shall be considered impervious
coverage and shall be included as part of the impervious coverage
limitations for the underlying zoning district:
[1]
Foundation systems for ASES, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
[2]
Any impervious foundations installed for accessory mechanical
equipment of the ASES, including any foundation structure to hold
batteries or storage cells.
[3]
Gravel or paved access roads and parking areas servicing the
ASES.
(g)
The applicant shall demonstrate compliance with the East Manchester
Township Stormwater Management Ordinance.[1] ASES owners are encouraged to use low-maintenance and/or
low-growing vegetative surfaces under the system as a best management
practice for stormwater management.
(h)
No grass or weeds shall be permitted at any time to exceed 12
inches in length or height from the surfaces under or surrounding
the ASES. Any noxious weeds, as listed on Pennsylvania's Noxious
Weed Control List (as amended), shall be immediately eradicated and
removed.
[1]
A violation of this provision also constitutes a violation of Chapter 243 of the Code and the Township has the power to enforce this provision as outlined in § 243-4 of the Code. Additionally, the Township may perform the eradication and removal services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(i)
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment, and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
(j)
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location.
(k)
If a ground-mounted ASES is removed, any earth disturbance as
a result of the removal of the ground-mounted solar energy system
shall be returned to an environmentally stable condition. All development,
including but not limited to panels, fencing, roadways and placement
of aggregate, shall be removed unless other arrangements have been
agreed to in writing.
(l)
Zoning/building permit applications shall document compliance
with this section and shall be accompanied by drawings showing the
location of the system on the building or property, including property
lines. Permits must be kept on the premises where the ASES is constructed.
(m)
The zoning/building permit shall be revoked if the ASES, whether
new or preexisting, is moved or otherwise altered, either intentionally
or by natural forces, in a manner which causes the ASES not to be
in conformity with this subsection.
(3)
Roof-mounted and wall-mounted accessory solar energy systems.
(a)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(c)
Wall-mounted ASES shall comply with the building setbacks in
the applicable zoning districts.
(d)
Solar panels shall not extend beyond any portion of the roof
edge.
(e)
The applicant shall provide evidence that the plans comply with
the Uniform Construction Code and adopted building code of the Township
and that the roof or wall is capable of holding the load imposed on
the structure.
A.
Permitted uses:
B.
Area and bulk regulations:
(1)
The minimum lot size shall be one acre; however, if
the sanctuary shall have space for more than 500 persons one additional
acre shall be required for each additional 100 persons or portion
thereof.
(2)
The minimum front, side and rear yards shall be 50
feet.
(3)
The maximum lot coverage (principal and accessory
buildings) shall be 20%.
(4)
The minimum open area shall be 30%.
(5)
The maximum building height shall be three stories,
not to exceed 45 feet, except that steeples, towers, domes and similar
architectural features may exceed this maximum by one foot in height
for each two feet the building is set back from the street or front
property line.
B.
Area and bulk regulations. All area and bulk regulations
of the prevailing zoning district shall apply with the following exceptions:
D.
Additional requirements.
(1)
Landscaping shall be required and set in place according
to a plan approved by the Planning Commission.
(2)
A suitably screened or landscaped buffer zone at least
15 feet wide, which buffer strips shall be set back 15 feet from the
property line, shall be provided by the owner along all the property
and street boundary lines separating the use from adjacent districts.
Screen planting shall be such that will reasonably be expected to
reach a height of five feet in three years and a minimum height of
10 feet in eight years, and shall be planted in a pattern and proximity
which shall block visibility, glare, noise, fumes, dust, and other
harmful effects, within five years. Said screen planting shall be
properly maintained by the owner, including maintenance and trimming
to avoid and prevent the blocking of visibility for traffic clear
sights.
(3)
No grave markers shall be set above finished grade.
(4)
No parking area shall be located within the required
front, side or rear yards.
B.
Area and bulk regulations. All area and bulk regulations
of the prevailing zoning district shall apply with the following exceptions:
C.
Parking requirements:
(1)
Elementary schools: two spaces per classroom, plus
one space for each five seats in any auditorium or other place of
assembly.
(2)
Junior high or middle school: four spaces per classroom,
plus one space for each five seats in any auditorium or other place
of assembly.
(3)
Senior high school, college and university: eight
spaces per classroom plus one space for each five seats in any auditorium
or other place of assembly.
D.
Additional requirements.
(1)
Each site shall be landscaped in accordance with a
plan approved by the Township.
(2)
A suitably screened or landscaped buffer zone at least
15 feet wide, which buffer strips shall be set back 15 feet from the
property line, shall be provided by the owner along all the property
and street boundary lines separating the use from adjacent districts.
Screen planting shall be such that will reasonably be expected to
reach a height of five feet in three years and a minimum height of
10 feet in eight years, and shall be planted in a pattern and proximity
which shall block visibility, glare, noise, fumes, dust, and other
harmful effects, within five years. Said screen planting shall be
properly maintained by the owner, including maintenance and trimming
to avoid and prevent the blocking of visibility for traffic clear
sights.
(3)
No parking area shall be permitted within the required
front, side or rear setbacks.
(4)
Each site shall be easily accessible from an improved
street or highway with safe ingress and egress for both vehicular
and pedestrian traffic.
(5)
Each site shall be economically accessible to essential
public utilities.
(6)
All play areas contiguous to any developed lot shall
be fenced.
B.
Area and bulk regulations. All area and bulk regulations
of the prevailing zoning district shall apply with the following exceptions:
(1)
The minimum lot area shall be five acres or 800 square
feet per patient bed, whichever is greater.
(2)
The minimum front, side and rear setback lines shall
be 100 feet each.
(3)
The maximum lot coverage (principal and accessory
buildings) shall be 20%.
(4)
The maximum building height shall be three stories,
not to exceed 45 feet.
C.
Parking requirements: one space per three patient
beds, plus one space for each employee.
D.
Additional requirements.
(1)
Each site shall be landscaped in accordance with a
plan approved by the Planning Commission.
(2)
No parking area shall be located within the setback
areas.
(3)
Sufficient exterior nighttime illumination of the
parking area shall be required to provide convenience and safety.
All such illumination shall be shielded from view of all surrounding
streets and lots.
(4)
All buildings shall be of fire-proof construction.
(5)
All permitted uses shall be served by adequate water
and sewer systems.
A.
Membership clubs and camps. The following uses shall
be permitted:
(1)
Membership clubs and camps.
(2)
Outdoor
recreation facilities, such as private playgrounds; golf clubs; swimming
pools; tennis courts and similar facilities.
(3)
A
combination of the above, so long as all such uses are on a single
tract of land or contiguous tracts of land held in the same ownership
and are managed as a single facility.
B.
Commercial camps. Commercial camps shall include and
permit an office and a lobby, and may include a permit, by way of
example, such accessory uses as restaurants, coffee shops, gift shops,
newsstands, conference and meeting rooms, cafeteria dining halls providing
food and drink, amusement and recreation facilities such as a swimming
pool, playground, tennis or other game sports, game or recreation
rooms, and spas and related facilities.
C.
Resorts. Resorts shall include such accessory uses
and may include and permit, by way of example, such accessory uses
as conference and meeting rooms, restaurants, coffee and gift amusement
and recreation facilities such as a swimming pool, playground, tennis
or other game sports, game or recreation rooms, and spas and related
facilities.
D.
Use, area, and bulk regulations.
(2)
In no case shall the uses authorized herein be developed
on prime agricultural soils.
(3)
All area and bulk regulations of the prevailing zoning
district shall apply, with the following exceptions:
(a)
The minimum lot area shall be 10 acres.
(b)
The minimum front, side, and rear setback lines
shall be 300 feet each. All buildings and impermeable structures (including
but not limited to parking areas, tennis or basketball courts, concrete
or macadam camping pads, driveways, and the like) shall cover a total
of not more than 35% of the site.
E.
Supplemental regulations.
(1)
The use of public address systems shall be limited
so that the sound of the public address system shall not be audible
to the human ear beyond the boundaries of the site.
(2)
Exterior lighting shall be shielded so that it does
not shine beyond the boundaries of the property.
(3)
Buffer strips shall be provided as required in § 255-50, except that buffer strips or areas can be waived at the discretion of the Zoning Hearing Board where, in the Zoning Hearing Board's judgment the proposed use immediately adjacent to its neighboring use is such that the proposed use itself will provide a natural buffer (for example, in certain instances, a golf course).
F.
Parking.
(1)
Vehicular ingress and egress shall be limited to two
on any street.
(2)
For membership clubs, one parking space shall be provided
for every two members or two accommodations (such as lockers), whichever
is greater, or, in the case of a membership golf course, four spaces
for each golf hole, whichever is greater. Additionally, one space
shall be provided for each employee.
(3)
For all other golf courses, four spaces shall be provided
for each golf hole. Additionally, one space shall be provided for
each employee.
(4)
For membership or commercial camps, two parking spaces
for every campsite or pad, at least one of which shall be located
on each campsite or pad, and one parking space for each individual
room, or one parking space for each two dormitory beds, as well and
one space for each employee.
(5)
For resorts, one parking space for each resort unit,
located within 300 feet of the resort unit which it serves, as well
as one space for each employee.
(6)
For restaurants, coffee shops or cafeterias one parking
space for each 100 square feet of floor are devoted to patron use,
as well as one space for each employee.
(7)
For conference or meeting rooms, one parking space
for every 50 square feet of floor area designated for conference or
meeting rooms.
(8)
All parking required under this subsection shall conform to the requirements of Article V, except that, to the extent of a conflict between this Subsection F and § 255-58E, this section shall control. Additionally, all uses permitted in this section for which specific parking regulations have not been set forth in this Subsection F shall be controlled by § 255-58E.
(9)
All off-street parking areas shall be at least 30
feet from all property lines.
(10)
When multiple uses are proposed, the proposed
parking shall meet the combined minimum requirements for all proposed
uses.
(11)
Before the issuance of any building permit by the Township, a detailed land development plan for the proposed development shall be submitted to, and approved by, the Township, as provided Chapter 208, Subdivision and Land Development, of the Code of the Township of East Manchester. In addition to the requirements of Chapter 208, Subdivision and Land Development, the plan shall identify the location and size of existing trees, all other landscaping proposed, detailed plans for any signs, as well as elevations, drawings or perspectives of the proposed structures.
[Added 11-13-2007 by Ord. No. 2007-5]
Where it is desired to have each dwelling unit
of a duplex dwelling located on a separate lot, the following modifications
shall apply:
A.
The area and width of each lot shall be equal to or
greater than 1/2 the minimum lot area and lot width requirements of
the zone in which the duplex dwelling is to be located.
B.
Each lot shall be required to have one side yard,
with the exception of a corner lot which shall be considered two front
yards for the lot which borders both streets. The side yard shall
meet the minimum setback requirements of the zone in which the duplex
dwelling is to be located.
[Added 11-13-2007 by Ord. No. 2007-5]
A.
It shall be a violation of this section and chapter
for any person, partnership, corporation, or any other entity to place
or permit the placement of a portable storage unit or a roll-off dumpster
on any property which he/she, it, or they own, rent, occupy, or control,
or anyone acting as their agent or on their behalf to place or permit
the placement of a portable storage unit or roll-off dumpster, without
first obtaining a permit from the Zoning Officer.
B.
There shall be no more than one portable storage unit
or roll-off dumpster per lot.
C.
A portable storage unit or roll-off dumpster shall
be no larger than eight feet wide, 16 feet long and eight feet high.
E.
Notwithstanding the provisions of Subsection D of this section, up to two portable storage units or roll-off dumpsters shall be permitted during construction, reconstruction, alteration, renovation, or demolition of a structure and for an additional three days before commencement and after completion of such activity. No use certificate as required by this chapter, or occupancy permit as required by the East Manchester Township Building Code[1] or any other ordinances of the Township, shall be issued
until all portable storage units and roll-off dumpsters have been
removed from the premises.
F.
A portable storage unit (but not a roll-off dumpster)
may be placed on a lot during an emergency situation when declared
by the appropriate federal, state, county, or Township agency. In
such event, the portable storage unit may be placed on the property
without a permit, but a permit shall be obtained within seven days
after the placement of the unit. The portable storage unit shall be
removed from the lot within seven days after the end of the declaration
of emergency.
G.
Portable storage units or roll-off dumpster shall be placed only within the yards of a principal structure, provided they conform with the setback requirements for accessory structures contained in § 255-21. The Zoning Officer may permit the placement of a portable storage unit or roll-off dumpster within the front yard or on the berm or shoulder of a public street only if he or she determines, in his or her sole judgment, that all of the following conditions exist:
(1)
A portable storage unit or roll-off dumpster cannot
reasonably or safely be placed in the side or rear yard of the lot
off of the public street;
(2)
Placement of the portable storage unit or roll-off
dumpster will not impede the safe and uninterrupted flow of vehicular
traffic on the public street; and
(3)
Placement of the portable storage unit or roll-off
dumpster will not cause damage to any portion of the public street,
including the berm or shoulder, and/or that sufficient provisions
are made to prevent such damage, or the owner or party placing it
provides sufficient security to repair any damage caused by it.
H.
Application for a permit shall be made to the Zoning Officer on a form provided by the Township. The Zoning Officer shall determine the most appropriate location for the portable storage unit or roll-off dumpster on the lot, or, alternatively, within the front yard or on the public street pursuant to Subsection G. The permit shall be posted in plain view on the lot, and shall contain at a minimum the following information:
(1)
The names, addresses, and telephone numbers of all
owners of the lot;
(2)
The address of the property on which the personal
storage unit or roll-off dumpster is to be placed;
(3)
The name, address, and telephone number of the company
placing the personal storage unit or roll-off dumpster;
(4)
A drawing or diagram showing the authorized location
of the portable storage unit or roll-off dumpster; and
(5)
The date the permit was issued and the date it expires.
I.
The Zoning Officer is hereby authorized to extend
any permit issued pursuant to this section upon written request of
the owner of the lot for one additional term equal to the original
permit, so long as, at the time of such extension, no violation of
this section or this chapter or any other ordinances of the Township
exists.
J.
All portable storage units or roll-off dumpsters shall
be removed upon expiration of the permit, without exception.
L.
Notwithstanding the provisions of this section, if
the Commonwealth of Pennsylvania at any time has or places restrictions
on state roads or highways over which it has jurisdiction which are
more restrictive than the requirements of this section, then the more
restrictive regulations shall apply. Further, notwithstanding the
issuance of a permit pursuant to this section, if the Commonwealth
of Pennsylvania notifies an owner of a lot that the owner is in violation
of state standards, then such notification shall take precedence over
and supersede any permits issued by the Zoning Officer, and such permits
shall be considered automatically rescinded and void in the event
of such notification.
M.
In addition to the remedies for violations set forth
in this chapter, the Township shall have the right to pursue any and
all other remedies available to it either at law or in equity. Further,
in addition to the provisions of violations and penalties in this
chapter, in the event that the Township determines that any violation
of this section creates an obstruction or nuisance to the public streets,
or otherwise affects the health, safety, or welfare of the traveling
or general public, the Township may take such actions as are authorized
by the Second Class Township Code[3] and the General Road Law,[4] including the immediate removal of any obstructions or
nuisances at the expense of the owners of the lot.
The Zoning Hearing Board may approve mobile
home parks by special exception in designated districts according
to the procedures and requirements specified below. The purpose of
such development is to provide flexibility in the design and development
of land in such a way as to promote the most appropriate use of land
to facilitate the adequate and economical qualities of open space,
provided that such use will not create a traffic hazard or otherwise
impair the value, health, welfare, or convenience of the surrounding
neighborhood or prospective occupants.
A.
Procedure. No person, firm or corporation shall construct,
maintain, or operate a mobile home park within the Township without
obtaining a building permit and subsequently a certificate of occupancy.
(1)
Prior to the issuance of a building permit in a mobile home park, a land development plan shall be submitted to and approved by the Township, in accordance with Chapter 208, Subdivision and Land Development, and the following conditions:
(a)
Said land development plan shall include areas
within which mobile homes may be located, the spacing of mobile homes,
open spaces and their landscaping, off-street parking spaces, and
streets, driveways, utilities, watercourses, and any other physical
features relevant to the proposed plan; and
(b)
Prior to final land development plan approval,
the developer shall file with the Township Supervisors a performance
guarantee to insure the proper installation of all street, utility,
and recreation improvements shown on the site plan, and may be required
to file a maintenance guarantee to insure the proper maintenance of
all such facilities. The amount and period of said guarantees shall
be in accordance with Section 509 of the Municipalities Planning Code[1] and the form, sufficiency, manner of execution, and surety
shall be approved by the Township Supervisors.
[1]
Editor's Note: See 53 P.S. § 10509.
(2)
The Township may inspect each mobile home park prior
to granting a certificate for conformance with the provisions of this
chapter and any other applicable regulations.
(a)
It shall be incumbent upon the proprietor of
a mobile home park to keep a register and to report therein the name
of the person or head of family occupying each said mobile home, showing
date of entry on said land, license number of automobile, serial number,
and make and size of trailer, the last permanent address of the person
or head of family using said mobile home, and the names of all persons
using or living in said mobile home.
(b)
Said register and mobile home park shall be
subject to inspection periodically by the Township.
B.
Park site. The park site shall be well drained and
have such grades and soil as to make it suitable for the purpose intended.
All such parks shall be planned as a unit and shall be located on
a tract of land at least 10 acres in size. The area of said site shall
be in single ownership or under unified control.
C.
Lot requirements. All lots in any mobile home park
shall be well drained and graded to a point where mobile homes may
be parked so that the parking of the same shall result in safety to
all concerned. In all instances as much natural vegetation as is reasonably
possible shall be preserved by any mobile home park developer. All
lots shall conform to all minimum common regulations for single-family
residences in the district in which the mobile home park is located.
(1)
Individual mobile home lots located in a mobile home
park shall contain at least 10,000 square feet of lot area and shall
not be less than 80 feet wide at the building setback line exclusive
of the easement.
(2)
The maximum number of mobile home lots that may be
approved in a mobile home park shall be computed by subtracting from
the total gross area of the tract the total gross area utilized for
streets and sidewalks and a fixed percentage of 15% of said area for
usable open space and dividing the remaining area by 10,000 square
feet.
(3)
In computing the maximum number of mobile home lots
that may be created, lands which are located within a floodplain area,
which are subject to either periodic flooding or occasional chronic
wetness, which are occupied by public utility easements, or which
have a slope in excess of 25% in such a manner as to limit their use
or prevent their development shall not be considered part of the total
gross area.
(4)
All mobile home lots shall be given street numbers,
and all park streets shall be given names.
D.
Yard and setback requirements.
(1)
All mobile homes shall be located at least 75 feet
from any street right-of-way which abuts a mobile home park boundary
and at least 100 feet from any other park boundary line.
(2)
There shall be a minimum distance of 25 feet between
an individual mobile home and adjoining pavement of a park street,
or common parking area, or other common areas.
(3)
All mobile homes shall be separated from each other
and from other buildings by at least 20 feet.
E.
Park street system.
(1)
Park access. Access to mobile home parks shall be
designed to minimize congestion and hazards at the entrance or exit
and allow free movement of traffic on adjacent streets. Each mobile
home park shall be provided with at least two points of ingress and/or
egress and a distance of at least 200 feet shall be maintained between
center lines of access streets.
(2)
Lot access. All mobile home parks shall be provided
with safe and convenient paved access streets to and from each and
every mobile home lot. Alignment and gradient shall be properly adapted
to topography.
(3)
Streets. All streets within any mobile home park shall meet the minimum Township requirements as set forth in Chapter 208, Subdivision and Land Development, and the Township's Construction and Material Specification for local access roads.[2] Block length shall conform with Chapter 208, Subdivision and Land Development, requirements. All streets shall have curbing which shall meet the requirements of Chapter 208, Subdivision and Land Development, and the Township's Construction and Material Specifications.[3]
(4)
Intersections. Not more than two streets shall intersect
at any one point and a distance of at least 150 feet shall be maintained
between center lines of offset intersecting streets.
F.
Required off-street parking. Off-Street parking areas
shall be provided in all mobile home parks for the use of park occupants
and guests. Such areas shall be furnished at the rate of at least
two vehicular parking spaces, each space containing at least 300 square
feet, for each mobile home lot. All off-street parking areas required
under this section shall be located on the mobile home lot which they
serve.
G.
Utility improvements.
(1)
Water distribution.
(a)
All mobile home parks shall provide to each
separate mobile home lot line a continuing supply of safe and potable
water as approved by the Department of Environmental Protection.
(b)
Such water supply system shall have sufficient
storage and pressure to meet the specifications of the National Fire
Protection Association for satisfactory fire protection, and fire
hydrants shall be placed on said system at least every 600 linear
feet.
(2)
Sewage disposal. Any mobile home park within 1,000
feet of the sanitary sewer lines owned or operated by the Township,
the Northeastern York County Sewer Authority or any other municipal
authority, shall be connected to said line. The said hookup to the
municipal authority's sanitary sewer system shall be at the expense
of the mobile home park owner, and said hookup shall comply with all
the requirements, rules, regulations or ordinances in place, either
federal, state, local or pursuant to the regulations or ordinances
in place, either federal, state, local or pursuant to the grant of
authority to said municipal authority. Each separate mobile home lot
shall be connected to said municipal sanitary sewer system. In the
event that a hookup to a municipal sanitary sewer system is not required
herein, then each mobile home park shall provide to each separate
mobile home lot a connection to a centralized public or community
sanitary sewage disposal system which shall be approved by the Department
of Environmental Protection.
(3)
No building permit shall be issued until the sewage
disposal and water distribution systems for the mobile home park have
been approved by the Department of Environmental Protection.
(4)
Electrical distribution. All mobile home parks shall
have underground electrical distribution systems which shall be installed
and maintained in accordance with the local electrical power company's
specifications regulating such systems.
(5)
Natural gas systems.
(a)
Natural gas piping systems when installed in
mobile home parks shall be maintained in conformity with accepted
engineering practices.
(b)
Each mobile home lot provided with piped gas
shall have an approved shutoff valve installed upstream of the gas
outlet. The outlet shall be equipped with an approved cap to prevent
accidental discharges of gas when the outlet is not in use.
(6)
Liquefied petroleum gas systems.
(a)
Liquefied petroleum gas (LPG) systems provided
for mobile homes, service buildings or other structures shall include
the following:
[1]
Systems shall be provided with safety devices
to relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
[2]
Systems shall have at least one accessible means
for shutting off gas. Such means shall be located outside the mobile
home and shall be maintained in effective operating condition.
[3]
All LPG piping outside of the mobile homes shall
be well supported and protected against mechanical injury. Undiluted
liquefied petroleum gas liquid form shall not be conveyed through
piping equipment and systems in mobile homes.
[4]
Vessels of more than 12 and less than 60 U.S.
gallons gross capacity may be securely but not permanently fastened
to prevent accidental overturning.
[5]
No LPG vessel shall be stored or located inside
or beneath any storage cabinet, carport, mobile home or any other
structure unless such installations are specially approved by the
Zoning Hearing Board.
[Amended 11-10-2009 by Ord. No. 2009-3]
(7)
Fuel oil supply system.
(a)
All fuel oil supply systems provided for mobile
homes, service buildings, and other structures shall be installed
and maintained in conformity with such rules and regulations as may
be required by the Township.
(b)
All piping from outside fuel storage tanks or
cylinders to mobile homes shall be securely, but not permanently,
fastened in place.
(c)
All fuel oil supply systems provided for mobile
homes, service buildings and other structures shall have shut-off
valves located within five inches of storage tanks.
(d)
All fuel storage tanks or cylinders shall be
securely placed and shall not be less than five feet from any mobile
home exit.
(e)
Storage tanks located in areas subject to traffic
shall be protected against physical damage.
H.
Usable open space. All mobile home parks shall provide
not less than 15% of the total land area for usable open space purposes.
Usable open space shall be so located as to be free of traffic hazards
and overhead impairments and hazards and should, where the topography
permits, be centrally located and easily accessible to all park residents.
(1)
Exposed ground surfaces in all parts of every park
shall be paved, or covered with stone screenings, other solid material,
or protected with a vegetation growth that is capable of preventing
soil erosion and the emanation of dust during dry weather.
(2)
Park grounds shall be maintained free of vegetation
growth which is poisonous or which may harbor rodents, insects, or
other pests harmful to man.
I.
Buffer strips. A suitably screened or landscaped buffer
zone at least 15 feet wide, which buffer strips shall be set back
15 feet from the property line, shall be provided by the owner along
all the property and street boundary lines separating the park from
adjacent uses. Screen planting shall be such that will reasonably
be expected to reach a height of five feet in three years and a minimum
height of 10 feet in eight years, and shall be planted in a pattern
and proximity which shall be properly maintained by the owner.
J.
Walkways.
(1)
General requirements. There shall be park sidewalks between individual mobile home lots, along the park streets and to all community facilities provided for park residents. All park sidewalks shall conform to Chapter 208, Subdivision and Land Development, and the Township's Construction and Material Specifications for sidewalks, [4]except as set forth in Subsection J(3) herein.
(2)
Common walk system. A common walk system shall be
provided and maintained between locations where pedestrian traffic
is concentrated. Such common walks shall have a minimum width of four
feet.
(3)
Individual walks. All mobile home lots shall be connected
to common walks, to paved streets, or to paved driveways or parking
spaces connecting to a paved street. Such individual walks shall have
a minimum width of three feet.
K.
Signs and lighting.
(1)
Signs shall be permitted in accordance with the regulations
applicable to the district in which said mobile home park is situated.
(2)
All means of ingress, egress, and streets shall be
adequately lighted. At a minimum, each mobile home lot in a mobile
home park shall include a front yard post-type light of sufficient
intensity to light the sidewalk from the mobile home to the street
and shall be controlled by a light sensor to assure dusk to dawn illumination,
unless an adequate alternative system shall be regularly maintained.
L.
Other site improvements.
(1)
One fire alarm box or public telephone shall be provided.
The park operator shall require that a UL listed fire extinguisher
shall be maintained in each mobile home and in all public service
buildings under park control.
(2)
Provision shall be made by the park operator to have
garbage collected at least once very week. Any refuse disposal sites
proposed within the mobile home park shall be subject to the approval
of the State Department of Environmental Protection. No centralized
waste collection station shall be located on the park site.
(3)
Each mobile home lot shall be provided with a four-inch
concrete slab on a stable surface at least 10 feet by 18 feet in size
for use as a terrace and so located so as to be adjoining and parallel
to the mobile home. Such slab shall contain an electrical outlet to
which the electrical system of the mobile home shall be connected.
(4)
There shall be provided in each mobile home park such
other improvements as the Zoning Hearing Board may require whereby
such requirements shall at all times be in the best interest of the
park residents.
[Amended 11-10-2009 by Ord. No. 2009-3]
(5)
An enclosure of compatible design and material shall
be erected around the entire base of each mobile home. Such enclosures
shall provide sufficient ventilation to inhibit decay and deterioration
of the structure.
(6)
Television reception service shall be provided from
a centralized antenna or cable service.
M.
Park areas for nonresidential uses.
(1)
No part of any mobile home park shall be used for
a nonresidential purpose, except such uses that are required for the
direct servicing and well-being of park residents and for the management
and maintenance of the park.
(2)
Nothing contained in this section shall be deemed
as prohibiting the sale of a mobile home located on an individual
lot and connected to the pertinent utilities.
N.
Park rules and regulations. Each mobile home park
owner shall make as part of the application for special exception
either proposed or existing rules and regulations for the operation
and welfare of the mobile home park. Any changes in such rules shall
be submitted to the Township.
The Zoning Hearing Board may approve trailer
camps by special exception in designated districts according to the
procedures and requirements specified below:
A.
Tents, camping trailers, travel trailers, pickup coaches,
motor homes or any combination thereof shall be permitted to locate
only in an approved trailer camp.
B.
In no case may a trailer camp be developed on prime
agricultural soils.
C.
Trailer camps shall be provided for the specific purpose of transient or vacationing occupants and shall be subject to and regulated by the provisions of § 255-29 entitled, "Mobile home parks," except that:
(1)
The Zoning Hearing Board may adjust the requirements of § 255-29M, in order to avoid unreasonable requirements, but in no case shall the average density exceed 10 trailer camp sites per net acre nor shall the maximum density permitted within said camp exceed 15 camp sites for any single net acre. Moreover, the minimum width of any trailer camp site shall not be less than 35 feet wide at the building setback line.
(2)
The Zoning Hearing Board may adjust the requirements of § 255-29D(2), where appropriate, but in no case shall said minimum distance be less than 15 feet.
(3)
The Zoning Hearing Board may adjust the requirements of § 255-29G(1), where appropriate, but adequate sanitary sewage facilities must be provided for said camp.
D.
Occupancy by each dwelling structure in the trailer
camp shall be limited to no more than six months in any twelve-month
period.
E.
A suitably screened or landscaped buffer zone at least
15 feet wide, which buffer strips shall be set back 15 feet from the
property line, shall be provided by the owner along all the property
and street boundary lines separating the use from adjacent districts.
Screen planting shall be such that will reasonably be expected to
reach a height of five feet in three years and a minimum height of
10 feet in eight years, and shall be planted in a pattern and proximity
which shall block visibility, glare, noise, fumes, dust, and other
harmful effects, within five years. Said screen planting shall be
properly maintained by the owner, including maintenance and trimming
to avoid and prevent the blocking of visibility for traffic clear
sights.
A.
Resources removal shall include the development and
operation of sand pits, gravel pits, peat bogs, removal of topsoil
and landfill, and the excavation, extraction, or removal of any natural
resources from the land or ground (excluding the removal of timber
or crops, which shall be exempted from this section) subject to the
requirement of this section.
B.
Requirements when permitted by right.
(1)
A use certificate shall be issued prior to any removal
of resources.
(2)
A land development plan shall be submitted to and
approved by the Board of Supervisors prior to the issuance of a use
certificate.
(3)
The applicant shall have all permits required by,
and/or show compliance with, all federal, state and county requirements
for resource removal, including reclamation and bonding requirements.
(4)
Wherever a vehicle involved in hauling resources removed
from the site enters or leaves a Township road or street, the applicant
shall construct an access to aid road or street to such specifications
as shall be established in the East Manchester Township Construction
and Material Specification Manual.[1]
(5)
There shall be no operations of any kind on Sundays
or New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day
or Christmas Day. Within 1,000 feet of any residence, there shall
be no operations between the hours of 7:00 p.m. and 7:00 a.m.
(6)
At all stages of operations, proper drainage shall
be provided to prevent the collection and stagnation of water and
to prevent harmful effects upon surrounding properties.
C.
Requirements when permitted by special exception.
In addition to the general requirements for a special exception, the
Zoning Hearing Board shall require the following:
(1)
All requirements of Subsections of A and B of this
section shall be met.
(2)
The proposed operation shall not adversely affect
soil fertility, drainage, and the lateral support of abutting land
or other properties, nor shall it contribute to soil erosion by water
or wind.
(3)
Where any open excavation will have a depth of 10
feet or more and a slope of more than 30°, there shall be a substantial
fence or other barrier, approved by the Zoning Hearing Board, with
suitable gates where necessary, effectively blocking access to the
area in which such excavation is located. Such screening as shall
be deemed appropriate by the Zoning Hearing Board may be utilized
to screen such operation from nearby residential uses.
(4)
Proper and reasonable measures, as determined by the
Zoning Hearing Board, shall be taken to minimize the nuisance of noise
and flying dust or rock. Such measures may include, when considered
reasonable and appropriate, limitations upon the practice of stockpiling
excavated materials upon the site, or the creation of suitable landscaped
buffer strip completely around the site.
Airports and landing strips shall be permitted by special exception
in designated districts subject to the following conditions:
A.
Any areas to be used by aircraft under its own power
shall be provided with dustless surface.
B.
No area
to be used by aircraft under its own power on the ground shall be
less than 300 feet from any lot or street line.
C.
No residential
building shall be permitted within 1,500 feet of the end of any runway
or within any aircraft approach zone as the same may be established
by either the state or the federal aviation agency, whichever area
is greater.
D.
Evidence
shall be presented to the Zoning Hearing Board that ample safeguards
to minimize hazards and disturbance from noise of aircraft affecting
residents and properties in the vicinity will be assured at all times
of operation.
E.
Access
to areas used by aircraft in motion shall be controlled by fences
and gates.
F.
Vending
machines; newsstands; governmental installations; airport, airline,
and express offices, and aircraft repair facilities may be permitted
within completely enclosed buildings. Storage and sale of aviation
gasoline may also be permitted.
G.
The hours
of operation may be limited by the Zoning Hearing Board to prevent
disturbance to nearby residences.
H.
Additional
conditions and safeguards as the Zoning Hearing Board may impose in
order to protect and promote the health and safety and general welfare
of the community and the character of the neighborhood in which the
proposed use is to be erected.
A.
Permitted uses. Conversions of an existing residential
structure from a one-family dwelling to a two- or more family dwelling.
B.
Area and bulk regulations. All area and bulk regulations
of the prevailing zoning district shall apply with the following exceptions:
(1)
The lot on which such structure is located shall contain
at least 60% of the required minimum lot area for each dwelling unit
so created.
C.
Parking requirements. One and one-half off-street
parking spaces shall be provided on said lot for each dwelling unit.
D.
Supplemental regulations.
(1)
Such structure shall have contained, on the effective
date of this chapter, 1,000 square feet of livable floor area for
the first dwelling unit, plus 600 square feet of livable floor area
for each additional dwelling unit created.
(2)
Each apartment unit shall be provided with complete
kitchen facilities, flush toilet and bathing facilities within the
unit.
(3)
There shall be no evidence of change in the building
except as required by building and/or housing codes.
(4)
Fire escapes, where required, shall be located at
the rear or an interior side of the building.
B.
Area and bulk regulations:
(1)
The minimum lot area shall be one acre.
(3)
The minimum lot width for apartment structures shall
be 150 feet.
(4)
The minimum lot width for row or attached and townhouse
dwellings shall be 20 feet except that end units shall have a lot
width of 35 feet.
(5)
The minimum yard requirements shall be as follows:
|
Front
(feet)
|
Side
(feet)
|
Rear
(feet)
| |||
|---|---|---|---|---|---|
|
Apartment dwelling
|
40
|
25
|
35
| ||
|
Row or attached and townhouse dwellings
| |||||
|
End units
|
25
|
35
|
35
| ||
|
Other units
|
25
|
—
|
35
| ||
(6)
The maximum lot coverage permitted shall be 25%.
C.
Additional regulations.
(1)
Centralized water and sewer service shall be provided.
(2)
The maximum number of dwelling units per row or attached
and townhouse buildings shall be six.
(3)
No building shall exceed 144 feet in length.
(4)
The minimum distance between principal buildings shall
be equal to two times the height of the highest building, and between
a principal and an accessory building shall be at least 20 feet.
(5)
Any inner court shall have a minimum dimension of
60 feet, any outer court shall have a minimum of 20 feet and its depth
shall not exceed its width.
(6)
There shall be provided on the same lot suitably equipped
and landscaped play spaces and usable open space subject to approval
by the Township Board of Supervisors, or, in the case of a special
exception, by the Zoning Hearing Board, in accordance with the following
schedule:
|
Play Space
(square feet)
|
Open Space
(square feet)
| ||
|---|---|---|---|
|
Efficiency unit
|
75
|
360
| |
|
One-bedroom unit
|
100
|
785
| |
|
Two-bedroom unit
|
125
|
895
|
(7)
The maximum building height shall be three stories,
but shall not exceed 35 feet. A land development plan shall be submitted
to and approved by the Board of Supervisors for all newly constructed
multiple dwellings or all conversions of existing buildings to multiple
dwellings, which shall include a rendering of the external appearance
of the buildings.
Auction houses for household and other goods
shall be permitted by special exception in designated districts subject
to the following conditions:
A.
An auction house for household and other goods shall
be permitted as an accessory use or a principal use of the lot.
B.
Lot area and bulk regulations. All area and bulk regulations
of the prevailing zoning district shall apply with the following exceptions:
(1)
The minimum lot area (principal and accessory uses)
shall be five acres.
(2)
The building setback shall be at least 50 feet from
any lot or street line.
(3)
The maximum lot coverage (principal and accessory
buildings) shall be 20%.
(4)
The maximum building height for new structures shall
be one story.
D.
Supplemental regulations.
(1)
No parking area shall be located within the required
front, side or rear setback areas.
(2)
The auction house site shall be easily accessible
from an improved street or highway with safe ingress and egress for
both vehicular and pedestrian traffic.
(3)
The use of outdoor public address systems for any
purpose must be approved by the Board of Supervisors before use or
installation.
(4)
Exterior lighting, other than that essential for the
safety and convenience of the users of the premises or security, shall
be prohibited. All exterior lighting shall be shielded from the view
of all surrounding streets and lots.
(5)
A sign identifying the auction house use shall be permitted in accordance with provisions for a customary home occupation (§ 255-37).
(6)
Temporary signs advertising a particular sale event shall be permitted in accordance with the provisions of Article VI. Such temporary sign shall be erected not more than 15 days prior to, and removed not more than one day after, the scheduled sale event.
(7)
Auctions shall not be held more frequently than once
in a seven-day period.
Bed-and-breakfast inns shall be permitted by
special exception in designated districts subject to the following
conditions:
A.
The structure shall be of local, state, or federal
historic significance. It is the applicant's responsibility to show
proof of historic significance.
B.
The structure shall contain a minimum of 2,000 square
feet of gross floor area.
C.
All bed-and-breakfast units shall be contained within
the principal structure.
D.
There shall be not more than one bed-and-breakfast
unit per 700 square feet of gross floor area in the principal structure.
E.
All lot area and bulk regulations of the prevailing
zoning district for single-family dwellings shall apply.
F.
In addition to the two spaces required for the principal
dwelling, there shall be one off-street parking space per bed-and-breakfast
unit.
G.
Dining and other facilities shall not be open to the
public but shall be exclusively for the residents and registered bed-and-breakfast
guests.
Home occupations shall be permitted in designated districts
by special exception or otherwise subject to the following conditions:
A.
Home occupations shall be limited to the following:
physician, dentist, barber, beautician, clergyman, lawyer, engineer,
surveyor, accountant, architect, teacher, computer programmer, artist,
photographer, licensed insurance or real estate agent, seamstress
or similar service occupations and professions. The Zoning Hearing
Board shall determine whether a home occupation is similar to those
listed above. Any type of servicing or repair of vehicles or small
engines shall not be permitted as home occupations.
B.
No more
than one person outside the family may be employed or engaged in the
occupation.
C.
The character
or external appearance of the dwelling unit or accessory structure
must be that of a dwelling or its accessory structure. No display
of products may be shown so as to be visible from outside the dwelling.
A nameplate not larger than two square feet in area may be permitted.
It must be illuminated only by indirect lighting.
D.
Not more
than 30% of the livable floor area of a dwelling unit may be devoted
to a home occupation or profession which is located in that dwelling
unit.
E.
In addition
to the required parking for the dwelling unit, additional off-street
parking located on the property, or on a contiguous property if held
in the same ownership, is required as follows: one space for the home
occupation and one space for each employee outside the immediate family;
three additional spaces for a physician, dentist, barber or beauty
shop. The Zoning Hearing Board may require additional parking if circumstances
so warrant.
F.
No more
than one home occupation may be located in any dwelling unit. The
granting of a special exception for a home occupation is personal
to the applicant and cannot be utilized or transferred to any other
person without a separate request to the Zoning Hearing Board.
Automotive services shall be permitted in designated districts
by special exception or otherwise subject to the following conditions:
A.
The Zoning Hearing Board may approve wind energy conversion
systems in the A, R-1, and R-2 Districts by special exception according
to the procedures and requirements specified below:
(1)
One windmill or windwheel shall be permitted per property.
(2)
The structure supporting the wind rotor unit, including
any required supporting cables, etc., shall not be connected to any
occupied structure and shall be located a minimum distance of the
wind rotor unit tower height, plus 10 feet, from any occupied dwelling.
(3)
The maximum height of the wind rotor and tower shall
be determined as follows:
|
Minimum Distance From Closest Property
Line
(feet)
|
Maximum Tower Height
(feet)
| |
|---|---|---|
|
75 to 85
|
35
| |
|
86 to 95
|
40
| |
|
96 to 100
|
45
| |
|
More than 100
|
50 to 75
|
(a)
The tower height may be increased from 50 feet
up to a maximum of 75 feet, with the allowance of each one foot of
setback over 100 feet from the closest property line.
(4)
All mechanical equipment and buildings associated
with the operation shall be enclosed with a six-foot fence. The tower
shall also be enclosed with a six-foot fence, unless the base of the
tower is not climbable for a distance of 12 feet.
(5)
When a building is required for storage cells or related
mechanical equipment, the building may not exceed 150 square feet
in area nor eight feet in height, and must be located at least 75
feet from any property line.
(6)
All electric and other utility wires associated with
the wind energy conversion system shall be buried underground.
(7)
The applicant shall demonstrate that any noise emanating
from the wind energy conversion system shall not exceed 60 decibels
measured at the nearest property line.
(8)
If the wind energy conversion unit is abandoned from
use, the tower and related structures shall be dismantled and removed
from the property within 90 days.
(9)
The energy generated from the wind energy conversion
system shall be used on the property on which it is located and shall
not be operated as a commercial enterprise.
No land or building in any zoning district shall
be used or occupied in any manner so as to create any dangerous, injurious,
noxious, or otherwise objectionable fire, explosive or other hazard;
noise or vibration; smoke, dust, odor or other form of air pollution;
heat, cold, dampness, electromagnetic or other substance, condition
or element in such manner or in such amount as to adversely affect
the reasonable use of the surrounding area or adjoining premises (referred
to herein as "dangerous or objectionable elements"), provided that
any use permitted or not expressly prohibited by this chapter may
be undertaken and maintained if it conforms to the regulations of
this section limiting dangerous and objectionable elements at the
point of the determination of their existence.
A.
Enforcement provisions applicable to other uses. Even
though compliance with performance standards procedure in obtaining
a building permit is not required for some particular uses, initial
and continued compliance with the performance standards themselves
is required of every use, and provisions for enforcement of continued
compliance with performance standards shall be invoked by the Township
against any use if there are reasonable grounds to believe that performance
standards are being violated by such use.
B.
Performance standard regulations.
(1)
Fire and explosion hazards. All activities involving,
and all storage of, inflammable and explosive materials shall be provided
at all times with adequate safety devices against the hazard of fire
and explosion and adequate fire-fighting and fire-suppression equipment
and devices standard in the industry. Burning of waste materials in
open fires is prohibited at any point. The relevant provisions of
state and local laws and regulations shall also apply.
(2)
Vibration.
(a)
For all uses other than blasting associated
with surface mining activities, no vibration shall be produced which
is transmitted through the ground and is discernible without the aid
of instruments at or beyond that lot line; nor shall any vibration
produced exceed 0.002g peak at up to 50 cps frequency, measured at
or beyond the lot line using either seismic or electronic vibration
measuring equipment. Vibrations occurring at higher than 50 cps frequency
or a periodic vibration shall not induce accelerations exceeding 0.001g.
Single impulse aperiodic vibrations occurring at an average interval
greater than five minutes shall not induce accelerations exceeding
0.01g.
(b)
For blasting associated with surface mining
activities, no such blasting shall produce vibrations exceeding the
maximum particle velocities specified in this subsection and all such
blasting shall conform to the requirements of this subsection. The
maximum vibration as expressed in particle velocities may be measured
with properly calibrated instrumentation approved and authorized by
the Pennsylvania Department of Environmental Protection, or such other
state or federal agencies as shall, from time to time, regulate surface
mine blasting, or, if none, with instrumentation generally accepted
within the surface mining industry. Particle velocity shall be measured
for purposes of this chapter in the same manner and by the same methods
as required by the Pennsylvania Department of Environmental Protection,
or such other state or federal agencies as shall, from time to time,
regulate surface mine blasting. Permissible maximum particle velocities
in any direction shall not exceed 0.60 inch per second in any district.
(c)
The owner of land shall file blasting reports
and seismic reports with the Township for each blast within 15 days
after each blast. The blasting and seismic reports shall conform to
those prepared for and pursuant to regulations of the Pennsylvania
Department of Environmental Protection, or such other state or federal
agencies as shall, from time to time, regulate surface mine blasting.
All such records shall be available for public inspection at the offices
of the Township.
(d)
In addition to any penalties prescribed in this
chapter, or in or through the Pennsylvania Municipalities Planning
Code, any person, business, company, corporation, partnership or any
other entity found to be in violation of any subsection of this section
of this chapter shall be required to reimburse the Township or any
other testing entity all costs of conducting any tests necessary to
determine a violation of this section of this chapter.
(3)
Noise.
(a)
The maximum sound pressure level radiated by
any use or facility (other than transportation equipment) at any lot
line shall not exceed the values in the designated octave bands given
in Table 1, after applying the corrections shown in Table II below.
The sound pressure level shall be measured with a sound level meter
and associated octave bank analyzer conforming to standards prescribed
by the American Standards Association. (American Standard Sound Level
Meters for Measurement of Noise and Other Sounds Z24. 3-1954, American
Standards Association, Inc., New York, New York, and American Standard
Specification for an Octave-Bank Filter Set for the Analysis of Noise
and Other Sounds Z24, 10-1953, American Standards Association, Inc.,
New York, New York shall be used.) Maximum permissible sound-pressure
levels at the lot line for noise radiated continuously from a facility
between the hours of 9:00 p.m. 7:00 and a.m. are as follows:
|
Table I
| ||
|---|---|---|
|
Frequency Band
(Cycles per Second)
|
Sound Pressure Level
(Decibels re 0.0002 dyne/cm)
| |
|
29 to 75
|
69
| |
|
75 to 150
|
60
| |
|
150 to 300
|
56
| |
|
300 to 600
|
51
| |
|
600 to 1,200
|
42
| |
|
1,200 to 2,400
|
40
| |
|
2,400 to 4,800
|
38
| |
|
4,800 to 10,000
|
35
| |
(b)
If the noise is not smooth and continuous and
is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one
or more of the corrections in Table II shall be applied to the decibel
levels given in Table I.
|
Table II
| ||||
|---|---|---|---|---|
|
Type or location of operation or character
of noise
|
Correction in Decibels
| |||
|
1.
|
Daytime operation only
|
+5
| ||
|
2.
|
Noise source operates less than
| |||
|
a.
|
20% of any one-hour period
|
+5*
| ||
|
b.
|
5% of any one-hour period
|
+10*
| ||
|
c.
|
1% of any one-hour period
|
+15*
| ||
|
3.
|
Noise of impulsive character (hammering, etc.)
|
-5
| ||
|
4.
|
Noise of periodic character (hum, screech, etc.)
|
-5
| ||
|
NOTES:
| |
|---|---|
|
*Apply one of these corrections only.
|
(c)
In addition to the standards set forth above,
any user, possessor, owner, or occupier of land shall be subject to
and shall comply with any and all ordinances of the Township relating
to noise.
(d)
To the extent that any user, possessor, owner,
or occupier of land violates or is alleged to violate the terms of
any such ordinances of the Township, and said violation or alleged
violation results from or is related to the use of said land, then
such violation or alleged violation may be brought or prosecuted pursuant
to, in the discretion of the Township or its designated officer or
representative, the provisions of this chapter or any ordinance of
the Township relating to noise, either separately or together in the
alternative.
(4)
Smoke. No emission shall be permitted at any point,
from any chimney or otherwise, or visible grey smoke of a shade equal
to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published
by McGraw-Hill Publishing Company, Inc., copyright 1954 (being a direct
facsimile reduction of the standard Ringlemann Chart as issued by
the United States Bureau of Mines), except that visible grey smoke
of a shade equal to No. 2 on said chart may be emitted for four minutes
in any 30 minutes. These provisions applicable to visible grey smoke
shall also apply to visible smoke of a different color but with an
apparently equivalent opacity.
(5)
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume or odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III, "Odor Thresholds," in Chapter 5, "Air Pollution Abatement Manuals," copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C., and said manual and/or table as subsequently amended.
(6)
Fly, ash, dust, fumes, vapors, gases, other forms
of air pollution. No emission shall be permitted which can cause any
damage to health, to animals, vegetation, or other forms of property
or which can cause any excessive soiling, at any point on the property
of others, and in no event any emission, from any chimney or otherwise,
of any solid or liquid particles in concentrations exceeding 0.3 grains
per cubic foot of the conveying gas. For measurement of the amount
of particles in gases resulting from combustion, standard corrections
shall be applied to a stack temperature of 500° F. and 50% excess
air.
(7)
Electromagnetic radiation.
(a)
It shall be unlawful to operate, or cause to
be operated, any planned or intentional source of electromagnetic
radiation for such purposes as communication, experimentation, entertainment,
broadcasting, heating, navigation, therapy, vehicle velocity measurement,
weather survey, aircraft detection, topographical survey, personal
pleasure, for any other use directly or indirectly associated with
these purposes which does not comply with the then current regulations
of the Federal Communications Commission regarding such sources of
electromagnetic radiation, except that for all governmental communications
facilities, governmental agencies and government owned plants, the
regulations of the interdepartment Radio Advisory Committee shall
take precedence over the regulations of the Federal Communications
Commission, regarding such sources of electromagnetic radiation.
(b)
Further, said operation in compliance with the
Federal Communications Commission or the Interdepartment Radio Advisory
Committee regulations shall be unlawful if such radiation causes an
abnormal degradation in performance of other electromagnetic radiators
or electromagnetic receptors of quality and proper design because
of proximity, primary field, blanketing, spurious reradiation, harmonic
content, modulation or energy conducted by power or telephone lines.
The determination of abnormal degradation in performance and of quality
and proper design shall be made in accordance with good engineering
practices as defined in the latest principles and standards of the
American Institute of Electrical Engineers, the Institute of Radio
Engineers, and the Electronic Industries Association. In case of any
conflict between the latest standards and principles of the above
groups, the following precedence in the interpretation of the standards
and principles shall apply:
(8)
Radioactive radiation. No activities shall be permitted
which emit dangerous radioactivity at any point beyond the property
line. The handling of radioactive materials, the discharge of such
materials into air and water, and the disposal of radioactive wastes
shall be in conformance with the regulations of the Atomic Energy
Commission as set forth in Title 10, Chapter One, Part 20, Standards
for Protection Against Radiation, as amended; and all applicable regulations
of the State of Pennsylvania.
(9)
Heat. For the purpose of this chapter, "heat" is defined
as thermal energy of a radioactive, conductive, or convective nature.
Heat emitted at any or all points shall not at any time cause a temperature
increase on any adjacent property in excess of 10°; whether such
change be in the air or in the ground, in a natural stream or lake,
or in any structure on such adjacent property.
(10)
Glare.
(a)
Direct glare. "Direct glare" is defined for the purpose of this chapter as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature process as welding or petroleum or metallurgical refining. No such direct glare shall be permitted with the exception that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle or the cone of direct illumination shall be 60° drawn perpendicular to the ground, with the exception that such angle may be increased to 90° if the luminary is less than four feet above the ground. Such luminaries shall be placed not more than 15 feet above ground level, unless such luminaries are located within lots of off-street parking as that term is contemplated in § 255-58, and in which case such luminaries shall not be placed more than 35 feet aboveground level. The maximum illumination at ground level shall not be in excess of three foot-candles.
[Amended 12-9-2014 by Ord. No. 2014-6]
(b)
Indirect glare.
[1]
"Indirect glare" is defined for the purpose
of this chapter as illumination beyond property lines caused by diffused
reflection from a surface such as a wall or roof of a structure. Indirect
glare includes reflected rays from any type of solar energy system.
Indirect glare shall not exceed that value which is produced by an
illumination of the reflecting surface not to exceed:
[Amended 11-9-2021 by Ord. No. 2021-5]
[2]
Deliberately induced sky-reflected glare, as
by casting a beam upward for advertising purposes, is specifically
prohibited.
(c)
"Barn lights," aka "dusk-to-dawn lights," where visible from another
property, shall not be permitted unless fully shielded as viewed from
that property.
[Added 11-9-2021 by Ord. No. 2021-5]
(d)
If a Township resident makes a complaint concerning glare and the
Township notifies the owner of the fixture producing the glare, the
owner must take all reasonable steps to eliminate and/or minimize
glare, including but lot limited to applying light shields to the
fixture, directing the light downward, decreasing the fixture's lumens
and removing or relocating the fixture.
[Added 11-9-2021 by Ord. No. 2021-5]
(e)
If the actions of the owner of the fixture producing the glare do
not eliminate and/or minimize the glare to a sufficient level, the
Township may require reasonable corrective actions to eliminate and/or
minimize glare to adjacent residences or streets which causes a risk
to public health or safety.
[Added 11-9-2021 by Ord. No. 2021-5]
(f)
Any lighting fixture or lighting installation existing on the effective
date of this section that does not conform with the requirements of
this section shall be considered as a lawful nonconformance. A nonconforming
lighting fixture or lighting installation shall be made to conform
with the requirements of this section when:
[Added 11-9-2021 by Ord. No. 2021-5]
[1]
Minor corrective action, such as reaiming or shielding, can achieve
conformity with the applicable requirements of this section.
[2]
It is deemed by the Township to create a safety hazard or nuisance.
[3]
It is replaced by another fixture or fixtures or abandoned or relocated.
[4]
There is a change in use.
(11)
Liquid or solid wastes. No discharge shall be
permitted at any point into any sewage disposal system, or watercourse,
or lake, or into the ground, except in accord with standards approved
by the Department of Environmental Protection or other regulating
department or agency of any materials of such nature or temperature
as can contaminate any water supply or otherwise cause the emission
of dangerous or offensive elements. There shall be no accumulation
of solid wastes conducive to the breeding of rodents or insects.
[Added 11-13-2007 by Ord. No. 2007-5; 12-9-2014 by Ord. No. 2014-6]
A.
All child day-care facilities shall comply with all current Pennsylvania
Department of Public Welfare (DPW) regulations applicable thereto,
including those standards governing adequate indoor space, accessible
outdoor play space and any applicable state or local building and
fire safety codes. A copy of the DPW license and any other license
or certification must be provided to the Township upon issuance of
a use or occupancy certificate by the Township, and such licenses
must, at all times, be kept current. A use or occupancy permit may
be issued conditioned on receipt of a DPW license if such permit is
required for issuance of the DPW license. Any subsequent changes and/or
recertifications shall also be provided to the Township.
B.
Child day-care facilities. Any child day-care facility must meet
the applicable standards and requirements, for both the Township Code
and DPW regulations, for either a child-care center, a group child-care
home, or a family child-care home.
C.
General requirements for child day-care facilities.
(1)
No portion of a child day-care facility shall be located within 300
feet of any potentially hazardous land use or activity which could
pose a threat to the safety of the occupants of the facility.
(2)
Outdoor activity areas shall be sufficiently fenced, screened and
buffered to protect both children or adults served and the neighborhood
at large from excessive noise and disturbance. Hours of outside play
shall be limited to 8:00 a.m. until sunset, as defined by the National
Weather Service.
(3)
All child day-care facilities shall provide an outdoor play area
in compliance with DPW regulations, which shall not be located within
the front yard.
(4)
When applying for a special exception, land development approval,
or a use or occupancy permit where a special exception or land development
approval is not necessary, the applicant shall submit a plan showing
any existing or proposed outdoor play areas, outdoor play equipment,
fencing, access drives, adjacent streets, adjacent hazardous land
uses, on-site hazardous areas (as previously defined), merchandise
delivery areas, parking spaces and dropoff/pickup areas.
D.
Additional requirement for group child-care homes. At least one off-street
parking space shall be provided for each person employed.
E.
Additional requirements for child-care centers.
(1)
Public water and sewer service shall be provided to the center.
(2)
At least one off-street parking space for each person employed, plus
one off-street parking space for each four children to be served by
the center, shall be provided. An adequate off-street dropoff/pickup
area shall also be provided.
The minimum livable floor area of a dwelling unit or any building
or structure hereafter erected or used for living purposes, including
but not limited to manufactured housing or mobile homes, shall be
900 square feet. In case of apartment houses and conversions apartments,
the minimum livable area shall be not less than 400 square feet per
apartment, except those apartments designed for and occupied exclusively
by one person, which apartment shall contain not less than 300 square
feet of livable floor area.
A.
Fences and walls (excluding retaining walls) may be erected, altered, and maintained within the side and/or rear yards, provided that any such fence or wall shall not exceed six feet in height, except for public utility facilities (see § 255-46) and junkyards, which shall be controlled by Chapter 122, Junk Dealers and Junkyards, of the Code of the Township of East Manchester. Fences required for stormwater management facilities by the Township Stormwater Management Ordinance[1] may be located in any yard.
[Amended 12-9-2014 by Ord. No. 2014-6]
B.
No wall, fence or other structure shall be erected
or altered or permitted which may cause danger to traffic or a street
or public road by obscuring the view.
C.
No fence, wall or other structure shall be erected or maintained within the right-of-way of any street or sewer right-of-way, or any other public easement, except as set forth in Subsection D, herein, regarding waivers for interference of easements related to stormwater management.
[Amended 2-9-2021 by Ord. No. 2021-1]
D.
No fence or wall shall interfere with soil erosion and sedimentation control measures or stormwater drainage swales or facilities unless the Zoning Officer or Board of Supervisors has granted a waiver of Code § 199-30, pursuant to the procedure set forth in Code § 199-33. Upon the receiving of a waiver of § 199-30, the proposed fence or wall shall be deemed to not interfere with soil erosion or sedimentation control measures or stormwater drainage swales or facilities.
[Amended 2-9-2021 by Ord. No. 2021-1]
E.
Notwithstanding Subsection A, within the C and I Districts, a fence not exceeding 10 feet in height may be erected within the front, side and/or rear yard. However fences erected in front yards must be see-through except where a buffer or screening is required by this chapter.
[Amended 12-9-2014 by Ord. No. 2014-6]
F.
A fence may be erected in the second front yard of a corner lot, provided the fence complies with Subsections B, C and D of this § 255-43. An ornamental fence may be erected in a front yard, provided the fence (i) is not an opaque slat-fence, chain-link fence or other purely utilitarian design; (ii) does not enclose more than 25% of the front yard; (iii) does not extend more than half the width and half the depth of the front yard; and (iv) complies with Subsections B, C and D of this § 255-43. A fence erected in a front yard shall not exceed four feet in height.
[Amended 11-10-2009 by Ord. No. 2009-3; 12-9-2014 by Ord. No.
2014-6]
[Amended 11-10-2009 by Ord. No. 2009-3]
No shrubs, trees or structures shall be planted or maintained
within the right-of-way of any street, drainage or sewer right-of-way,
clear sight triangle or any other public easement. Notwithstanding
the foregoing, mailboxes and newspaper boxes shall be permitted to
be installed and maintained in the public right-of-way, so long as
the mailbox or newspaper box does not interfere with a clear sight
triangle or result in a public hazard or nuisance as determined by
the Zoning Officer. Any mailbox or newspaper box to be affixed to
the ground by any means other than a wooden, plastic or metal post
shall require the approval of the Zoning Officer prior to installation,
and the execution by the landowner of an agreement to indemnify and
defend the Township from any third-party claims or damages arising
from the structure being placed in the public right-of-way. The placement
of mailboxes shall be governed by the United States Postal Service
regulations.
Satellite antennas are permitted accessory uses in all districts
subject to the following:
A.
The diameter of the antenna shall not exceed 12 feet
in the A, R-1, R-2, and R-3 Districts. When separately supported,
the total height of the antenna shall not exceed 14 feet.
B.
Antennas
installed in the AO, C, and I Districts shall not exceed 16 feet in
diameter. Where separately supported, the total height of the antenna
shall not exceed 20 feet.
C.
No antennas
shall project nearer to the street on which the principal building
fronts than the principal building. The antennas may be located in
the side or rear yard, but no portion of the antennas shall extend
into the side yard setback, or closer than five feet from the rear
property line.
D.
Roof-mounted
antennas or building-attached antennas extending above the roof peak
of the building shall be permitted, provided that the total height
of the antenna does not exceed 12 feet above the roof peak.
E.
No more
than one antenna shall be permitted on any lot or building.
F.
A building
permit must be obtained prior to the erection of any antenna.
G.
Satellite
antennas which are not larger than 36 inches in diameter shall be
exempted from these regulations.
H.
No antenna
may be erected in any district or any location within a district which
is prohibited by regulations of the Federal Communications Commission
or other regulatory agency having jurisdiction.
I.
This chapter
shall in no event be construed to permit as a permissible accessory
use a antenna for satellite communication used or intended to be used
for the propagation or transmission of radio or electromagnetic waves,
it being the intent hereof that such antennas are prohibited.
Public utility facilities shall be permitted in any district
without regard to the use and area regulations; provided, however,
that buildings or structures erected for these services shall be subject
to the following regulations:
A.
Where feasible, front, side and rear yards shall be
provided in accordance with the regulations of the district in which
the facility is located. At a minimum, a distance of five feet must
be maintained from any street line or property line.
B.
Height
shall be as required by the district regulations.
C.
Unhoused equipment shall be enclosed with a chain link fence at least six feet in height, up to the maximum permitted by § 255-43.
D.
Housed
equipment. When the equipment is totally enclosed within a building,
no fence or screen planting shall be required, and the yard shall
be maintained in conformity with the district in which the facility
is located.
E.
Screen
planting in residential districts. The required fence for unhoused
equipment shall be surrounded by an evergreen planting.
F.
The exterior
design(s) of any building(s) shall be in conformity with the existing
or planned buildings in the zoning district.
G.
In residential
districts, the permitted public utility facilities shall not include
the storage of vehicles or equipment used in the maintenance of any
utility, and no equipment causing excessive noise, vibration, smoke,
odor or hazardous effect shall be installed.
H.
Land development plans of the facility shall be submitted to the Township for review and approval, as provided in this chapter and Chapter 208, Subdivision and Land Development.
I.
Improved
access shall be provided to the site in accordance with the specific
requirements of the Board of Supervisors. Access shall be by way of
a portion of the lot which it serves, minimum 20 feet wide, or by
an easement or right-of-way.
[Amended 12-9-2014 by Ord. No. 2014-6]
A.
Residential pools shall be permitted as:
(1)
An accessory use to single-family dwellings, duplex,
row or attached, or townhouse dwellings, limited to one per lot.
(2)
Said residential pool shall be located within the
rear of the dwelling, and shall meet the side yard setback for the
appropriate district. The setback from the rear property line shall
be a minimum of 10 feet for all districts. The setback shall include
the deck, pad, or apron around the pool.
B.
Commercial pools shall be permitted by special exception in designated districts subject to the conditions of this § 255-47.
C.
Every outdoor swimming pool shall be completely surrounded
by a fence or wall not less than four feet in height, which shall
be so constructed so as not to have any openings, holes, or gaps larger
than four inches in any dimension, and if a picket fence is erected
or maintained, the horizontal or vertical dimension between pickets
shall not exceed four inches. A dwelling house or accessory building
may be used as part of such enclosure. All gates or doors opening
through such enclosure shall be equipped with a self-closing, self-latching
and lockable device for keeping the gate or door securely closed at
all times when not in actual use, or if a commercial swimming pool,
as defined herein, shall be monitored or limited to restrict and limit
access to members or authorized persons only. The door of any dwelling
which forms a part of the enclosure must be equipped with an audible
alarm and a door which is self-closing, self-latching and lockable.
(1)
The walls of an aboveground pool may be considered as fences or walls
for purposes of this section, provided they, either alone or as supplemented,
are four feet in height, and the pool has a removable, or lockable,
folding ladder, which must either be removed or locked at all times
when not in use. The four-foot height requirement of this section
shall be measured from the finished grade, and the grade shall not
increase for an additional four feet beyond the perimeter of the fence
in any direction.
[Amended 12-9-2014 by Ord. No. 2014-6]
(2)
All swimming pools and attached structures shall meet
the requirements of the International Building Code and/or International
Residential Code, as applicable.
D.
Pools and spas must be kept in working order and maintained or be
drained and kept dry.
[Added 12-9-2014 by Ord. No. 2014-6]
No proposed single-family or duplex dwellings shall be required
to have a setback greater than the average of the two existing dwellings
with the greatest setbacks located within 200 feet on each side of
the proposed dwelling, on the same side of the street, within the
same block and within the same district. The burden of proving compliance
with this section shall be on the person seeking exemption hereunder.
Towers, spires, chimneys, smokestacks, elevator penthouses,
solar heat panels, and similar structures shall be exempt from the
height regulations of the prevailing district, provided that they
do not occupy more than 20% of the roof area of the principal structure.
[Amended 12-9-2014 by Ord. No. 2014-6; 9-13-2016 by Ord. No. 2016-3]
A.
Buffer strips. A suitably screened or landscaped buffer strip at
least 15 feet wide, which shall be set back at least 15 feet from
the property line, shall be provided by the owner or developer of
any proposed industrial use, commercial use or other nonresidential
use along all property lines and street boundary lines separating
the use from an existing residential use or any adjacent residential
districts, or, in the case of a proposed industrial use, commercial
use or other nonresidential use which is located in a residential
district, separating the use from neighboring residential uses. Screen
plantings shall be a height of four feet when planted and a minimum
height of eight feet in three years, and shall be planted in a pattern
and proximity which shall block visibility from residential structures
on neighboring properties, glare, noise, fumes, dust, and other harmful
effects within five years.
B.
Buffer areas. In the (C) Commercial and (I) Industrial Districts, a commercial or industrial use which is adjacent to a residential use located in the (C) Commercial or (I) Industrial District shall be screened from residential use by an opaque fence or other opaque screening, but which need not meet the requirements of a buffer strip. Such opaque screening shall be at least six feet in height, and shall extend along the entire boundary which the commercial or industrial use shares with the residential use. Such screen may be within three feet of the property line. If any owner chooses to plant evergreen shrubs or trees as a buffer, the size and growth pattern shall be as established in Subsection A above, and such evergreen trees or shrubs shall be at least 10 feet from the property line, but can be arranged in a straight line, so long as they will provide an opaque screen within the times as established in Subsection A above. Parking for the commercial or industrial use may be permitted adjacent to such screening.
C.
Setbacks. The setbacks required in this section for buffer strips
and buffer areas shall be instead of and not in addition to setbacks
which would otherwise be required by this chapter.
D.
General requirements.
(1)
A clear sight triangle shall be maintained at all street intersections
and at all points where private accessways intersect public streets,
and no screen plantings shall be permitted within 10 feet of the right-of-way
line adjacent to access drives. Screen plantings shall be properly
trimmed and maintained by the owner to avoid any blocking of visibility
for traffic clear sights.
(2)
Plants shall not be placed where they might interfere with the construction,
use or maintenance of any public or private sewage disposal system,
water supply or other utility/facility, including sidewalks.
(3)
All mechanical equipment not enclosed in a structure shall be fully
and completely screened in a matter compatible with the architectural
and landscaping style of the remainder of the lot.
(4)
All screen plantings shall be maintained permanently and any plant
material which does not live shall be replaced within six months of
dying or, if already dead and not replaced, within four months of
notice to replace such screen planting by the Township. Any opaque
fences or screens that are damaged or no longer block visibility,
as required by this section, shall be repaired or replaced within
four months of notice from the Township.
E.
Plans. All plan submittals for subdivision and/or land development for commercial or industrial uses which require either a buffer strip as established in Subsection A above or a screen as established in Subsection B above shall adequately show how the owner or developer is satisfying the requirements set forth in Subsections A and B above, including, without limitation, cross sections establishing that visibility and line of sight for neighboring residential uses will be blocked as required above.
A.
A no-impact home-based business shall be permitted
in any structure in any zoning district which permits residential
uses.
B.
The business or commercial activity must satisfy the
following requirements:
(1)
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than
family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods
and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business
use, including but not limited to parking, signs or lights.
(5)
The business activity may not use any equipment or
process which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste
or sewage discharge in volume or type which is not normally associated
with residential use.
(7)
The business activity shall be conducted only within
the dwelling unit and may not occupy more than 25% of the habitable
floor area.
(8)
The business may not involve any illegal activity.
The use and occupancy of any land, building or structure as an adult entertainment facility shall be permitted only by special exception and subject to the following specific requirements in addition to those general requirements for special exception found in § 255-86C of this chapter.
A.
Adult entertainment facilities shall be permitted
only in the (I) Industrial District.
B.
Adult
entertainment facilities shall not be permitted to be located within
500 feet of any public or private school, public park or playground,
or any church or other house of worship.
C.
No materials,
merchandise, film, videotape, or any other item offered for sale,
rent, lease, loan, or view upon the premises, or advertising same,
shall be exhibited or displayed outside of the building or structure.
D.
Any building
or structure used or occupied as an adult entertainment facility shall
be windowless or have an opaque covering over all windows or doors,
or any area in which materials, merchandise, film, or persons could
otherwise be visible from outside the building or structure.
E.
No sign
shall be erected or placed upon the premises depicting or giving a
visual representation of the type of materials, merchandise, film,
videotape, or entertainment offered therein.
F.
Each entrance
to the premises shall be posted with a notice specifying that persons
under the age of 18 years are not permitted to enter therein, and
warning all other persons that the building contains sexually explicit
material.
[Amended 12-9-2014 by Ord. No. 2014-6]
A.
No animal other than a domestic pet shall be kept on a property in
any district except as provided in this section.
B.
Livestock may be kept as an accessory use to single-family dwellings
in the following zoning districts: Low Density Residential (R-1),
Medium Density Residential (R-2), Conservation-Open (CO), or Agricultural
(A). Livestock kept as an accessory use shall be subject to the following
requirements:
|
Minimum Lot Area
(Acres)
|
Animal Density per Acre
| ||
|---|---|---|---|
|
Group 1 (Gross adult weight less than 10 pounds)
|
1
|
12
| |
|
Group 2 (Gross adult weight over 10 pounds and less than 65
pounds)
|
3
|
6
| |
|
Group 3 (Gross adult weight over 65 pounds)
|
3
|
1
|
(1)
The minimum setback for any accessory structure in which livestock
is kept shall be 50 feet from the property line. This includes without
limitation structures to house the livestock and waste storage structures/areas.
(2)
All outdoor pasture/recreation areas shall be enclosed with fencing
to prevent the escape or wandering of any livestock.
(3)
Livestock and related activities shall only be located in side and
rear yards. This includes without limitation the location of any structure
to house the livestock, waste storage structures/areas, pastures,
and grazing areas.
(4)
Any accessory structure under this section used as shelter or housing
for any livestock shall be limited in size as follows:
(a)
An accessory structure used to shelter or house any type of
bird, chicken or similar fowl shall have an area no greater than 150
square feet.
(5)
All livestock waste shall be properly stored and disposed of, so
as not to be objectionable at the sites' property line. All livestock
and related mechanisms, including without limitation structures to
house the livestock, waste storage structures/areas, pastures, and
grazing area(s) shall be maintained in neat and clean order, as near
as possible, to prevent any nuisance to adjoining properties.
(6)
Any and all slaughtering activities shall be done in an enclosed
structure so the same cannot be seen by adjoining properties.
(7)
For purposes of this chapter, no roosters shall be permitted as a
pet or an accessory use in any zone.
C.
In High Density Residential (R-3), Apartment Office (AO), and Village (V) zoning districts, livestock may be kept as an accessory use only upon obtaining a special exception, provided that the property shall be a single lot, consisting of at least three acres, and meets all of the general and special criteria for the group animal as provided above in § 255-53B.
D.
Beekeeping as an accessory use in the Low Density Residential (R-1),
Medium Density Residential (R-2), Conservation-Open (CO), or Agricultural
(A) zoning districts shall be subject to the following requirements:
(1)
Minimum lot area of 25,000 square feet, with a maximum two bee hives
per lot.
(2)
The minimum setback for any beehive shall be 25 feet from the property
line.
(3)
Beehives shall only be located in side and rear yards.
(4)
Only beehives with movable frames, which permit inspection for disease,
parasites or pathologies, shall be used.
(5)
No beehive shall be located within 50 feet of a property line at
which an existing kennel, animal hospital, or veterinarian's office
with outdoor facilities is located.
E.
In High Density Residential (R-3), Apartment Office (AO), and Village (V) zoning districts, beekeeping may be permitted as an accessory use only upon obtaining a special exception, provided that the property shall be a single lot, consisting of at least 25,000 square feet, and meets all of the general and special criteria for beekeeping as provided above in § 255-53D.
F.
This section shall not apply to livestock on a lot in which the principal
use is an agricultural operation.
A.
Communication towers are permitted in the permitted
zones as a second use on a tract of land and, for purposes of placement
on a tract of land that has another principal use, shall be considered
an accessory use.
B.
The following regulations have been enacted to insure
the development of an efficient telecommunications network that will
serve both businesses and residents of the Township with minimal disturbance
to the community. Their purpose is to protect and preserve the rights
of the residents to benefit from natural, scenic, and historic values
of the environment, preserve agricultural land, and provide compatible
land uses as set forth in the Township Comprehensive Plan.
(1)
In the CO and A Districts, no business office or storage
yard or building shall be operated in connection with a communication
tower.
(2)
Communication towers in the CO and A Districts shall
be located on tracts held in single and separate lease or fee simple
title of at least 0.5 acre (excluding the area of any access easement)
to provide adequate screening of the structures to adjacent land uses;
the residual (parent) tract shall conform to the lot area requirements
required in the district.
(3)
Communication towers shall not be closer to a residential
structure accessory to a residential use than the height of the tower
plus an additional 50%.
(4)
Reasonable and good-faith efforts must be made to
co-locate antennae on existing towers and structures before new towers
are erected.
(5)
Unless placed on an existing structure, buffer strips and areas shall be in accordance with § 255-50.
(6)
Communication towers shall only be equipped with such
lights as may be required pursuant to FAA regulations.
(7)
Communication towers shall not have advertising, attached
signs, or be painted colors other than standard factory-applied colors.
(8)
Communication towers shall be accessed from a public
street or a twenty-foot wide easement to a public street, which easement
shall be improved to a width at least 10 feet with a dust-free, all-weather
surface for its entire length.
(9)
A land development plan shall be required for each
proposed new tower, and a note will be made on that plan that neither
the owner of the land nor the operator of the communication tower
will prohibit or cause to prohibit the co-location of additional antennae
on the tower.
(10)
Upon the termination of the use of the tower by the owner, the tower, associated structures and equipment, foundations within four feet of the surface, paving, gravel, fencing and access road or drive shall be removed within one year. A plan shall be prepared for replacement of topsoil and vegetation on the site to match the surrounding area. Such plan shall be prepared by a licensed landscape architect. These removals and renovations are deemed to be improvements, and financial security for those improvements is required for all communications towers in accordance with Chapter 208, Subdivision and Land Development, or any other Township ordinances.
(11)
Location in A District.
(12)
Communication towers shall not exceed 150 feet
in height, including antennae, in the CO, A, and I Districts, and
shall not exceed 100 feet in height, including antennae, in the C
and AO Districts. Tower height may be increased an additional 50 feet,
provided that setbacks from adjoining lot lines, which shall not includes
lines for any leased area for the communication tower, are increased
by one foot for each one foot of height in excess of the height permitted
by this subsection. In authorizing the height of a communication tower,
the Township may require that the applicant demonstrate that the tower
height is no greater than the minimum height required to function
as satisfactorily.
(13)
Notwithstanding any other provisions of this chapter, all communications towers shall be enclosed by a chain link or other similar security type fence at least six feet high, but not to exceed 10 feet overall. This fence shall be in addition to any buffer strips and areas required by Subsection B(5) of this section and shall be maintained and secured.
A.
Parking shall be provided by parking/driving lanes
adjacent to the buildings. These lanes shall be at least 24 feet wide
when cubicles open onto one side of the lane only and at least 30
feet wide when cubicles open onto both sides of the lane. Additionally,
there shall be one off-street parking space for each 250 square feet,
or any part thereof, of office space and two additional spaces if
resident manager quarters are provided.
B.
Required parking spaces may not be rented as or used
for vehicular storage. However, additional external storage area may
be provided for the storage of privately owned travel trailers and/or
boats, so long as such external storage area is screened from adjoining
residentially zoned or used land and adjoining roads and is located
behind the minimum front yard setback line. This provision shall not
be interpreted to permit the storage of partially dismantled, wrecked,
or inoperative vehicles.
C.
Except for Subsection B above, all storage shall be kept within an enclosed building, except the storage of flammable, highly combustible, explosive or hazardous chemicals, including but not limited to gasoline, diesel fuel, paint, paint remover, and other flammable materials ammunitions, shall be prohibited. Any fuel tanks and/or machinery or other apparatus relying upon such fuel shall be stored only in an external area as described above.
D.
The repair, construction, or reconstruction of any
boat, engine, motor vehicle, or furniture or the use of the unit as
a workshop is prohibited.
E.
Mini-storage units shall be used solely for the dead
storage of property. The following are examples of uses which are
expressly prohibited upon the site:
(1)
Auctions, commercial, wholesale, or retail sales,
including garage sales. This subsection shall not prohibit the owner
or operator of the mini-storage facility from conducting or having
conducted auctions for the sole purpose of selling property abandoned
by lessees or recovered by the owner or operator from a lessee through
legal process, or as the result of the death of a lessee.
(2)
The servicing, repair, or fabrication of any item.
(3)
The operating of power tools or spray painting equipment.
(4)
The establishment of a transfer business.
(5)
Any use that is, in the judgment of the Township Zoning
Officer or the owner of the mini-storage facility, noxious because
of odors, dust, fumes, or vibrations.
[Amended 11-10-2009 by Ord. No. 2009-3]
F.
The owner or operator of the mini-storage facility
shall require contracts from all unit users or lessees setting forth
all of the above regulations and prohibitions.
G.
The minimum tract area shall be two acres, notwithstanding
any lesser requirements for the district in which the mini-storage
facility is located.
H.
All lighting shall be shielded to direct light onto
the use established and away from adjacent property and street rights-of-way.
J.
The renting of vehicles on the premises shall be prohibited.
K.
No habitation will be permitted except for a resident
manager. If resident manager quarters are provided, the owner shall
submit to the Township plans for those quarters, and a separate use
and occupancy permit shall be required for those quarters.
A.
Any newly constructed or dimensionally expanded building
designed, constructed, or expanded to be used as a group home must
have the external appearance of the least restrictive residential
dwelling permitted in that district, excluding condominiums.
B.
To ensure compliance with this section, any application
for a building permit for a group home shall be accompanied by blueprints
or a drawing showing the external appearance of the proposed structure.
[Added 11-13-2007 by Ord. No. 2007-5]
Temporary uses are permitted upon the issuance
of a temporary land use permit and a temporary certificate of occupancy
or use by the Zoning Officer subject to the following criteria:
A.
Temporary uses shall be permitted in nonresidential
districts and to support construction activities in residential districts.
B.
Temporary uses shall be consistent with the range
of principal and accessory uses permitted in the respective zoning
district.
C.
Proof of the provision for adequate sanitary facilities
acceptable to the Township Sewage Enforcement Officer (SEO), parking
and traffic control, security, trash, removal, stormwater controls,
etc., related to the temporary use shall be provided at the time of
application for a temporary land use permit.
D.
Proof of compliance with uniform construction codes
and all other codes and ordinances of the Township.
E.
Temporary uses shall be permitted for a period not
to exceed one year, renewable up to two times for additional one-year
periods. Additional extensions may only be granted by special exception
from the Zoning Hearing Board.
[Added 12-10-2019 by Ord. No. 2019-3]
Short-term rentals shall be permitted by special exception in designated districts subject to the restrictions and requirements as set forth in Chapter 165, Rentals, Short-Term. The special exception shall be granted upon applicant's proof of compliance with the restrictions and requirements of Chapter 165.
[Added 11-9-2021 by Ord. No. 2021-5]
A.
Regulations applicable to all principal solar energy systems.
(1)
PSES must adhere to performance standards of this section.
(2)
PSES constructed prior to the effective date of this section
shall not be required to meet the terms and conditions of this section.
Any physical modification to an existing PSES, whether or not existing
prior to the effective date of this section, that materially alters
the PSES shall require approval under this section. Routine maintenance
or like-kind replacements do not require a permit.
(3)
No person shall install or construct a PSES without first obtaining approval pursuant to the plan review procedures of Chapter 208, Subdivision and Land Development.
(4)
The PSES layout, design and installation shall conform to good
industry practice. "Good industry practice" shall mean the practices,
methods, standards, and acts (engaged in or approved by a significant
portion of the solar power industry for similar facilities in similar
geographic areas that are similar in size and complexity), as the
same may change from time to time, that, at a particular time, in
the exercise of reasonable professional judgment in light of the facts
known at the time a decision was made, would have been expected to
accomplish the desired result in a manner consistent with applicable
law, regulation, codes, good business practices, reliability, safety,
environmental protection, economy, expedition, and shall comply with
the PA Uniform Construction Code and with all other applicable fire
and life safety requirements.
(5)
Upon completion of installation, the PSES shall be maintained
in good working order in accordance with standards of the Township
codes under which the PSES was constructed. Failure of the property
owner to maintain the PSES in good working order is grounds for appropriate
enforcement action by the Township in accordance with applicable ordinances.
The Township may perform the services required and charge the owner
appropriate fees. Nonpayment of fees may result in a lien against
the property.
(6)
PSES installers must certify they are listed as a certified
installer on the PA Department of Environmental Protection's
(DEP) approved solar installer list or that they meet the criteria
to be a DEP-approved installer by meeting or exceeding one of the
following requirements:
(a)
Is certified by the North American Board of Certified Energy
Practitioners (NABCEP).
(b)
Has completed an Interstate Renewable Energy Council (IREC)
Institute for Sustainable Power Quality (ISPQ) accredited PV training
program or a PV manufacturer's training program and successfully
installed a minimum of three PV systems.
(c)
PSES installers of projects rated at five MW or greater must
demonstrate that they have installed at least two utility-scale solar
projects in the last three years.
(7)
All on-site AC transmission and plumbing lines shall be placed
underground to the greatest extent feasible. DC transmission and plumbing
lines may be attached flush to the solar array racking systems.
(8)
Any off-site transmission lines must be placed within a legal
right-of-way, and proof of the right-of-way shall be provided to the
Township prior to land development plan approval. Privately owned
off-site transmission lines proposed to be in a public street right-of-way
shall require Township approval and a right-of-way agreement with
provisions indemnifying the Township from all liability related to
the transmission lines.
(9)
The owner of a PSES shall provide the Township written confirmation
that the public utility company to which the PSES will be connected
has been informed of the customer's intent to install a grid-connected
system and approval of such connection. Off-grid systems shall be
exempt from this requirement.
(10)
The display of advertising is prohibited except for reasonable
identification of the manufacturer of the system.
(11)
All PSES shall comply with the glare provisions located at § 255-40B(10) of this chapter.
(a)
Solar panels shall be located to minimize glare on adjacent
properties or streets. The Township may require reasonable corrective
actions after installation of the solar energy farm to eliminate glare
to adjacent residences or streets which causes a risk to public health
or safety.
(b)
The Township may require a glare study to be completed and submitted
with the final land development plan and then again anytime after
the installation of the PSES.
(12)
A baseline noise study will be performed and submitted to the
Township during the land development phase, and another noise study
will be performed and submitted to the Township within six months
after commencement of operations. The Township also reserves the right
to request an additional noise study at any time after the commencement
of operations. The noise study will be performed by an independent
noise study expert approved by the Township and paid for by the applicant.
Noise from a PSES, as measured at the property lines, shall not exceed
45 dBA or otherwise creates excessive noise which constitutes a nuisance
as determined by the Township. The applicant will install mitigation
measures acceptable to the Township to mitigate any noise exceedance
identified by the study.
(13)
No trees or other landscaping otherwise required by municipal
ordinance or attached as a condition of approval of any prior plan,
application, or permit may be removed for the installation or operation
of a PSES without approval of the Board of Supervisors.
(14)
No more than 10% of the entire area for development shall consist
of Class I and Class II prime agricultural soils as defined by the
current version of the NRCS Custom Soils Resource Report.
(15)
The PSES owner and/or operator shall maintain a phone number
and identify a person responsible for the public to contact with inquiries
and complaints throughout the life of the project and provide this
number and name to the Township and also post the same at the entrances
to the PSES. The PSES owner and/or operator shall respond to the public's
inquiries and complaints within 72 hours of receipt of a complaint.
(16)
An emergency response plan shall be included with the land development
plan application, which shall be reviewed and approved by the local
fire and emergency services departments.
(17)
Decommissioning requirements.
(a)
The PSES owner shall provide an annual report by January 31
of each year showing the energy generated of the PSES for the preceding
calendar year.
(b)
If a PSES remains nonfunctional or inoperative for a continuous
period of six continuous months, the facility shall be deemed to be
abandoned and shall constitute a public nuisance, unless the facility
owner demonstrates a good-faith intent to sell the facility. Within
six months of abandonment, the facility owner shall remove the system,
after a demolition permit has been obtained, in accordance with the
following:
(c)
After a PSES has been determined to be abandoned or has been
terminated by the property owner, the property owner must still secure
the property pursuant to the applicable provisions of this section
until the PSES is completely decommissioned or returned to another
allowed use.
(d)
When the equipment comprising the PSES is removed, any disturbed
earth as a result of the removal of the equipment shall be restored,
graded and reseeded or immediately returned to another allowed use.
(e)
The facility owner shall submit an estimate for the total cost
of decommissioning without regard to salvage value of the equipment
(gross decommissioning cost), and also an estimate of the cost of
decommissioning net of the salvage value of the equipment (net decommissioning
cost), to the Township for review and approval prior to obtaining
a building permit for the PSES, and the estimate shall then be updated
and approved by the Township prior to occupancy of the PSES and every
fifth year thereafter. The facility owner shall post and maintain
financial security in the amount of 110% of the net decommissioning
costs; provided that at no point shall the financial security be less
than 50% of the gross decommissioning costs. The financial security
shall be in the form of a bank-issued letter of credit or cash escrow
or other form of financial security approved by the Board. Cash escrow
funds shall be held in an interest-bearing escrow account for the
benefit of the facility owner. This financial security must be updated
to the present value every five years.
(f)
If the facility owner fails to complete decommissioning within
the required time period, then the landowner shall within six months
complete decommissioning. The Township may draw on the financial security
to reimburse the landowner or directly pay the decommissioning contractor
for decommissioning costs upon the request of the landowner and submission
of proof of costs in a form satisfactory to the Township.
(g)
If neither the facility owner nor the landowner complete decommissioning
within the required periods, then the Township may take such measures
as necessary to complete decommissioning. To the extent the Township
incurs costs to rightfully perform any act in furtherance of decommissioning,
it may draw on the financial security to pay for all costs and expenses.
If the decommissioning costs and expenses are greater than the financial
security, then the Township may charge the landowner and/or facility
owner for the excess costs and expenses, including reasonable attorneys'
fees for collection, and such amounts shall be a special assessment
against the property and shall constitute a municipal lien on the
property for the amount of the assessment plus an additional penalty
of 10% of the assessment.
(h)
Upon completion of decommissioning to the satisfaction of the
Township, any remaining financial security shall be released to the
facility owner.
(18)
Permit requirements.
(a)
PSES shall comply with the Township subdivision and land development
requirements. The installation of PSES shall be in compliance with
all applicable permit requirements, codes, and regulations. The PSES
shall require a land use permit and building permit prior to any construction
and an occupancy permit prior to any solar energy production.
(b)
The PSES owner and/or operator shall repair, maintain and replace
the PSES and related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
PSES in good repair and operating condition. Any changes to the configuration
of the solar equipment, fencing or screening that involves greater
than 10% of the PSES site shall require submission of a revised land
development plan for review and approval by the Township.
B.
Ground-mounted principal solar energy systems.
(1)
Regulations applicable to all ground-mounted PSES:
(2)
The PSES shall meet the lot size requirements of the applicable zoning district. A PSES in the Agricultural District shall be designed to use primarily low-growing vegetative surfaces under the solar energy units as a best management practice for stormwater management and shall be configured to minimize disturbance of prime agricultural soils. The PSES shall also meet all requirements of Chapter 199 of the Code and any applicable Pennsylvania Department of Environmental Protection regulations for stormwater.
(3)
PSES shall comply with the building setbacks of the applicable
zoning district. Fences and screening for a PSES may be within the
applicable setback but must be at least 25 feet from any adjacent
property line or street right-of-way line. Ground-mounted solar energy
units and any accessory structures or buildings may not be within
setbacks.
(4)
Ground-mounted PSES solar modules shall comply with the building
height restrictions for principal buildings of the applicable zoning
district.
(5)
The following components of a PSES shall be considered impervious
coverage and shall be included as part of the impervious coverage
limitations for the underlying zoning district:
(a)
Foundation systems for PSES, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
(b)
Any impervious foundations installed for accessory mechanical
equipment of the PSES, including any foundation structure to hold
batteries or storage cells.
(c)
Gravel or paved access roads and parking areas servicing the
PSES.
(6)
The total surface area of the impervious coverage on the property
shall not exceed more than 15% of the lot area.
(7)
No grass or noxious weeds shall be permitted at any time to
exceed 12 inches in length or height from the surfaces under or surrounding
the PSES. Any noxious weeds, as listed on Pennsylvania's Noxious
Weed Control List (as amended), shall be immediately eradicated and
removed.
(a)
A violation of this provision also constitutes a violation of Chapter 243 of the Code, and the Township has the power to enforce this provision as outlined in § 243-4 of the Code. Additionally, the Township may perform the eradication and removal services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(8)
Screening. Where appropriate, ground-mounted PSES shall be reasonably
screened from public roadways and any residential district or residential
use. The screen may consist of fencing and/or planted materials which
shall be installed between the PSES perimeter fence and the adjacent
road right-of-way line prior to commencement of any operations. Planted
screening materials shall consist of evergreen trees or shrubbery
with a height within three years after planting of at least eight
feet. The Board of Supervisors may require additional screening based
on site-specific topographic conditions. Landscape details showing
fencing and screening shall be submitted as part of land development
plans.
(9)
Ground-mounted PSES shall not be placed within any legal easement
or right-of-way location unless agreed to by the easement or right-of-way
holder.
(10)
Security.
(a)
All ground-mounted PSES shall be completely enclosed by fencing that consists of a minimum six-foot-high fence with a locking gate. Gates shall be placed in locations allowing adequate space for vehicles to pull off any adjacent roadway to unlock the gate for access. All fences shall comply with the provisions set forth in § 103-11, Security gates, located in Chapter 103 of the Township's Ordinances.
(b)
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence surrounding
the PSES informing individuals of potential voltage hazards.
(11)
Signage shall comply with the prevailing sign regulations.
(12)
Access drives and internal service roads are required to allow
for maintenance and emergency management vehicles. The minimum cartway
width shall be no less than 25 feet for both access roads and internal
service roads. The applicant shall provide one off-street parking
space per 25 acres of developed PSES land up to a maximum of five
spaces. All access drives and internal service roads must conform
to the applicable standards set forth in the Township's Subdivision
and Land Development Ordinance.[1]
(13)
If ground-mounted solar equipment is removed, any earth disturbance
as a result of the removal of the ground-mounted solar equipment must
be returned to an environmentally stable condition.
(14)
The continuation of any agricultural or residential use, to
include but not be limited to grazing to control vegetation or other
agricultural or ecological practices to make beneficial use of the
land underneath the solar energy units or any land not dedicated to
the PSES, will be permitted as customarily incidental to and compatible
with the PSES use, and shall not be considered a second principal
use.
C.
Roof- and wall-mounted principal solar energy systems.
(1)
The applicant shall provide evidence that the plans comply with
the Uniform Construction Code and adopted building code of the Township
and that the roof or wall is capable of holding the load imposed on
the structure.
(2)
PSES mounted on roofs or walls of any building shall be subject
to the maximum height regulations specified for buildings within the
applicable zoning district.
(3)
A roof-mounted or wall-mounted PSES may be located on a principal
or accessory building.
(4)
Wall-mounted PSES shall comply with the building setbacks in
the applicable zoning districts.
(5)
Solar panels shall not extend beyond any portion of the roof
edge.
