The following regulations shall qualify or supplement
the district regulations appearing elsewhere in this chapter.
A.
Agriculture, animals and poultry. Unless otherwise
controlled by municipal ordinance or regulations, the use of buildings
and land for farming, gardening, riding academies, livery or boarding
stables, animal hospitals (veterinary), stock raising, dairying and
poultry shall be subject to the following general regulations.
(1)
Outdoor storage of manure or odor or a dust-producing
substance shall not be permitted within 100 feet of any lot boundary
line.
(2)
Greenhouse heating plants shall not be operated
within 50 feet of any lot boundary line.
(3)
Buildings in which animals or poultry are kept
shall not hereafter be erected within 50 feet of any lot boundary
line where the abutting property accommodates a residential use. The
outdoor exercise area of a veterinary clinic limited to facilities
necessary for the temporary treatment of sick or otherwise ailing
pets normally permitted within the house and yard may be erected not
closer than 50 feet of any lot boundary line.
(4)
The selling of product raised, bred or grown
on the premises shall be permitted, provided that all stands or shelters
used for such sales shall be removed during those seasons when not
in use for the display or sale of products.
(5)
A minimum of 1/2 acre of pasture land shall
be provided for each grazing animal.
B.
Landfills and dumping. Landfills shall be permitted
as a conditional use in the M Manufacturing District, when operated
as authorized by the Darlington Township Board of Supervisors following
approval as a land development, and in accordance with applicable
Township ordinances and Commonwealth Department of Environmental Protection
provisions governing such use.
C.
Mineral extraction. In addition to the standards and
conditions herein and all applicable regulations established by the
Bureau of Land Protection and Reclamation, Pennsylvania Department
of Environmental Protection under the Surface Mining Conservation
and Reclamation Act of May 31, 1945, as amended,[1] and applicable regulations as enumerated in Section 603
of the Pennsylvania Municipalities Planning Code, Act 247,[2] as amended, the following standards are applicable:
(1)
Mineral extraction operations shall not be closer
than 300 feet from existing residences except as authorized by the
landowner, nor closer than 200 feet from the boundary of any zone
where such operations are not permitted; nor shall mineral extraction
operations be conducted closer than 100 feet from the boundary of
an adjoining property line or from the right-of-way line of an existing
or platted road.
(2)
Existing trees, shrubs, and ground cover along public road frontage shall be preserved, maintained and supplemented for the depth of the roadside setback 100 feet as established in Subsection C(1) above. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance to the mineral extraction operations from adjacent public roads and nearby residential, commercial, and industrial uses. Buffer or screening plantings may be required to insure an appropriate appearance of the extraction site in the community.
(3)
During mineral extraction operations when excavations will have a depth of 20 feet or more and will create slopes of more than 50% and where, for a period of operation 30 days or longer, the mineral extraction is located within 300 feet of occupied residential structures, except as authorized by the landowner, or 100 feet from the right-of-way line of an existing or platted road as specified in Subsection C(1), a fence shall be erected at least 20 feet outside the edge of the excavation, which fence shall be at least four feet high and shall effectively control access to the area in which such excavation is located.
(4)
Upon completion of operations the land shall
be left in a natural and safe condition.
(a)
All cut slopes shall be at a gradient no greater
than 50% and shall be graded in substantial conformity to the surrounding
natural topography.
(b)
Sufficient drainage shall be provided so as
to prevent water pockets from forming. The final grading shall be
such that all stormwater drainage leaves the property at the original,
natural discharge points and that the area drainage to any one natural
discharge point is not materially increased.
(c)
All excavated areas shall be backfilled with
topsoil to a minimum depth of six inches; upon replacement of topsoil,
trees, shrubs, legumes, grasses or other ground cover shall be established
to avoid erosion and plantings showing no growth shall be replaced.
(d)
All equipment and accessories shall be completely
removed within 90 days of the completion of operations.
(5)
In addition to the information required on the
plan to be submitted to the commonwealth, the following items shall
be shown:
D.
Multifamily dwellings. All living units must have
an individual identity which is to be achieved by a combination of
some or all of the following considerations:
(1)
Varying building unit heights or forms.
(2)
Varying roof pitch and pitch direction.
(3)
Addition or deletion of patios and patio walls.
(4)
Staggering of exterior walls.
(5)
The use of contrasting building materials on
the exterior.
(6)
Any other method developed by the designer that
maintains unit individuality but achieves an overall design compatibility
within the structure.
E.
Any public recreational building or use may be established by the Township in any zoning district as a conditional use subject to the provisions of § 172-30 following a public hearing, the purpose of which is to consider the impact of such building or use on adjacent properties. Any structure, building or extension thereof approved hereunder shall conform to the general character and architectural standards prevalent throughout the district in which such approved building shall be erected.
F.
Public utility facilities and lines:
(1)
Lines. Public utility lines for the transportation,
distribution and control of water, gas, electric, oil, steam, telegraph,
cable television and telephone communications and their supporting
members.
(2)
Public utility facilities. Public utility facilities
shall be a permitted use in each zoning district, subject to the standards
and criteria specified below:
(a)
The architectural design, landscaping and site
development must be in keeping with the character of the area in which
the public utility facilities are to be located, consistent with the
nature of the public utility facilities and the public need or convenience
in having the public utility facilities.
(b)
Sufficient off-street parking and loading space
shall be provided consistent with the requirements of this chapter
and the nature of the public utility facilities.
(c)
Provision must be made for the interior storage
of all materials and equipment when not in use.
G.
Schools, hospitals, churches and public municipal
buildings. In districts where authorized as conditional uses, these
uses shall meet the following requirements:
(1)
Lot coverage. Lot area covered by all buildings,
including accessory buildings, shall not be greater than 30% of the
area of the lot.
(4)
Service and access drives shall be at least
15 feet wide and not more than 25 feet wide and shall be permitted
to cross required yard areas, provided that the center line of the
permitted drive shall not be a lesser angle to the street line than
60°.
(5)
If greater controls are established for the
district in which these uses are to be located such control or controls
shall take precedent over any or all of the provisions of this section.
H.
Swimming pools, private. Private swimming pools shall
be a permitted accessory use in any zoning district, subject to the
following requirements:
A.
As provided herein, a building may be erected, altered
or used for any trade, industry, or business that is not hazardous
or noxious by reason of odor, dust, smoke, gas, vibration, illumination,
noise, or otherwise creates a public nuisance or hazard to public
health, safety and welfare through its operation or discharge of by-products.
B.
In the event that the owner of property within the jurisdictional boundaries of Darlington Township in the M Manufacturing District wishes to establish a use characterized as detrimental to the health, safety and general welfare of the residents of Darlington Township, a public hearing before the Township Supervisors shall be scheduled at which time the owner shall produce such evidence as deemed necessary by the Township Supervisors as per the provision of § 172-130A to revise the use status to that of a conditional use in said district. As an additional condition of the grant of conditional use status, a bond or surety shall be posted with Darlington Township in an amount commensurate with those costs as estimated by the Township Engineer to repair and restore all properties within 1,000 feet of the boundary lines of the subject property in the event of damage, physical or health related, or impact to said properties due to operations on the subject site.
Whenever in any district established under this chapter a use is neither specifically listed as permitted, nor specifically excluded, and an application is made by a property owner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Township Supervisors who shall have the authority to permit or deny the use, as a conditional use, based on the provisions of § 172-130, Conditional uses, and an interpretation that the proposed use is or is not substantially similar to those permitted by right in the district.
A.
Height regulations shall not apply to spires, belfries,
cupolas, or domes not used for human occupancy, nor to chimneys, ventilators,
skylights, silos, and ornamental or necessary mechanical appurtenances.
Water tanks, utility poles, communication towers and television antenna
heights shall be set by the Zoning Hearing Board as findings of fact
in a special exception proceeding subject to all public notice provisions.
B.
No cellar, as defined, shall be permitted to be roofed
or otherwise covered to provide permanent or temporary living quarters
in said cellar. This shall not be construed to prohibit game rooms,
family rooms, sleeping rooms or other accessory residential facilities
that may be desired in cellar areas.
For the purposes of administration, no minimum
floor area is required for any residential structure.
A.
In the case of a lot held in single and separate ownership
at the effective date of this chapter which does not fulfill the requirements
for the minimum area for the district in which it is located, a building
may be erected or altered thereon when authorized as a special exception.
B.
In the case of a lot held in single and separate ownership
at the effective date of this chapter, and/or in the case of new developments,
which because of unusual conditions of slope, depth or width have
difficulty in providing the required minimum yards of the district
in which it is located, the required minimum yards may be decreased
when authorized as a variance.
C.
No lot area shall be so reduced so that the area of
the lot shall be smaller than herein prescribed.
A.
Front yards.
(1)
Each lot shall have a front yard as required
in the district in which the lot is located, except as herein provided,
unless a greater front yard (setback) restriction is or will be required
by any other local ordinance. Corner lots shall be provided with two
front yards, one abutting each street or road.
(2)
When 40% or more of the lot frontage on one
side of the street between two intersecting streets is improved with
buildings that have a front yard which is greater or less than the
required front yard in the district, no building shall project beyond
the average front yard setback line established by adding the linear
front footage of said buildings and dividing by the number of buildings
at each nonconforming distance from the right-of-way line; provided,
however, that a front yard depth shall not vary in excess of 25% of
the required front yard dimension otherwise required in the district
in which the lot is located nor be decreased by the same ratio.
(3)
Lots abutting on a private street or easement shall be approved as per the provisions of Chapter 147, Subdivision and Land Development. Lots developed on private streets which were in existence prior to the enactment of this chapter may also be approved. Private streets normally shall not be extended to permit additional lot development.
B.
Structures in yard areas.
(1)
Accessory building. An accessory building may
be erected within a rear yard, provided that:
(a)
It shall be at least 10 feet from the rear property
line.
(b)
It shall be at least 15 feet from the nearest
wall of the principal structure; or this may be reduced to 10 feet,
in any yard, if no windows or other openings are involved in the main
building; or the accessory building may be integrated with the main
building by continuous walls, breezeway, or other connection.
(c)
It shall be at least 10 feet from the side yard
line at the rear of the property beyond the structure.
(2)
Projections. No principal building, and no part
of a principal building, shall be erected within or shall project
into the required front, side or rear yard of a lot, except cornices,
eaves and gutters. Steps and stoops, chimneys, and bay windows are
permitted to project into yard areas provided that the projection
is not more than 24 inches.
(3)
Vision obstruction. No walk, fence, sign or
other structure shall be erected or altered and no hedge, tree, shrub
or other growth shall be maintained or permitted which may cause a
danger to traffic traveling on an adjoining street, public road or
private drive by obscuring or obstructing the view at the point of
access. All such structures or plantings shall be set back a minimum
of five feet from an abutting public or private right-of-way.
(4)
Fences or walls shall be permitted to a maximum
height of 6 1/2 feet as feet as follows:
(a)
No fence or wall shall be erected within any
existing public or private vehicular right-of-way or as otherwise
provided for in this section.
(b)
No fence or wall shall be permitted within an
existing drainage or utility easement without the express permission
of the utility or authority in control of said easement.
(c)
No fence or wall shall be erected closer than
one foot of the side or rear property line.
(d)
No solid fence may be erected beyond the building
face of the structure in any required front yard in residential zoning
districts. Decorative fences, including but not limited to split-rail
or picket fences, shall not be held to this restriction in residential
districts.
(e)
Fencing or walls in commercial districts shall
be designed to prohibit access, screen stored material or discourage
placement of structures.
(f)
A building permit shall not be required for
the erection of a wall or fence.
Bufferyards as required shall be provided by
the developer or applicant on the subject parcel during the final
phase of construction prior to occupancy.
A.
Location of bufferyards:
(1)
Where an industrial or manufacturing district
abuts a residential district, a bufferyard as defined in this section,
on parcels or tracts of land zoned as L-I Light Industrial or M Manufacturing
of not less than 30 feet, shall be provided as per this section.
(2)
Where an industrial or manufacturing district
abuts a stream channel or drainage swale, a bufferyard of not less
than 30 feet measured from the center line of said stream channel
or drainage swale shall be provided.
(3)
Bufferyards required for other than industrial
or manufacturing districts shall be at least 20 feet wide.
(4)
Bufferyards shall be planted in such manner
as to provide screening or filtering of noise and dust and to provide
a visual barrier to certain uses considered incompatible with residential
uses in close proximity.
(5)
Vehicular and pedestrian access may be provided
through bufferyards, provided that such openings do not cause storage
areas or outdoor processing to be visible from adjacent residential
structures.
(6)
All bufferyards shall be planted and maintained
with a vegetative material to include a row of trees planted not more
than 20 feet on center, and trunk size at least two inches in caliper
measured one foot above normal soil level.
B.
The bufferyard may be coterminous with required front,
side or rear yards, and, in case of conflict, the larger yard requirements
shall apply.
C.
In all bufferyards, a minimum fifteen-foot width shall
be maintained and kept clean of all debris, rubbish, weeds and tall
grass. Bufferyard widths may be averaged with the most narrow portion
of the yard being 70% of the minimum established width or 10.5 feet
where physical constraints prevent the provision of the standard width.
D.
No structure, manufacturing activity or storage of
materials shall be permitted in the bufferyard.
E.
All bufferyards, except as otherwise provided for
in this section hereunder, shall include a dense screen planting of
trees, shrubs or other plant materials, or both, to the full length
of the lot line to serve as a barrier to visibility, airborne particles
and glare. Such screen planting shall be in accordance with the following
requirements:
(1)
Screen planting shall be of a species and size
necessary to produce a visual screen at least six feet high in three
years and ultimately at least eight feet. No plant less than four
feet in height shall be planted initially and at least 40% of the
total plants shall be evergreen. The planting shall be permanently
maintained.
(2)
Plant materials used in the screen planting
shall be a minimum of 50% evergreen and of such other species and
initial heights as will produce a dense visual screen at least eight
feet high within five years.
(3)
The screen planting shall be maintained permanently,
and any plant material which does not live shall be replaced within
one year.
(4)
The screen planting shall be so placed that
at maturity it will not overhang any street or property line.
(5)
A clear sight triangle shall be maintained at
all street intersections and at all points where private accessways
intersect public streets.
(6)
The screen planting shall be broken only at
points of vehicular or pedestrian access.
F.
In PRDs, the following minimum standards shall apply
to bufferyards:
(1)
Existing deciduous and coniferous trees above
two-inch caliper and/or six feet in height shall be preserved in the
bufferyard except where clearance is required to ensure adequate sight
distances. Any removal should, where feasible, involve relocation
rather than clearing.
(2)
Buffer width and planting material shall be
laid out with respect to existing or proposed off-site uses. The minimum
width may be used where compatible single-family uses adjoin or where
the property abuts nonbuildable land. The object of the planting shall
be defined in the plan as visual screening or to prevent access to
hazardous areas.
(3)
Generally, a minimum of 25% of plant material
shall be evergreen and 10% deciduous. Planting shall be adequate in
quantity to fully cover the required bufferyard width, but may be
clumped or grouped for maximum efficiency.
(a)
Where glare from exterior lighting is a problem,
50% of the planting shall be evergreen.
(b)
Where hazardous conditions exist, hedge row
planting should be such as to make access difficult.
(c)
Where visual screening is most important, evergreens
and flowering trees should be increased to 50% of the total.
(4)
Self-maintaining ground cover or grass shall
be planted to the edge of the buffer.
(5)
Prior to the issuance of any zoning approval,
complete plans showing the arrangement of all bufferyards, the placement,
species and size of all plant materials, and the placement, size,
materials and type of all fences to be placed in such bufferyards
shall be reviewed to ascertain that the plans are in conformance with
the terms of this chapter.
A.
If normal agricultural operations require a fence
to cross a stream or drainage channel, such fence shall be permitted
only if it does not restrict the natural flow of water.
B.
Stormwater management plans shall be in compliance with Chapter 147, Subdivision and Land Development, and the Township Engineer's guidelines adopted by resolution.
C.
No structure shall be erected on a lot that is subject
to periodic flooding as defined by commonwealth or federal regulations.
The one-hundred-year flood boundary established by the Federal Emergency
Management Association and all standards shall be adhered to.
A.
The communications company is required to demonstrate,
using technological evidence, that the antenna must go where it is
proposed in order to satisfy its function in the company's grid system.
B.
If the communications company proposes to build a
tower (as opposed to mounting the antenna on an existing structure),
it is required to demonstrate that it contacted the owners of tall
structures within a one-quarter-mile radius of the site proposed,
asked for permission to install the antenna on those structures, and
was denied for reasons other than economic ones. This would include
smoke stacks, water towers, tall buildings, antenna support structures
of other communications companies, other communications towers (fire,
police, etc.), and other tall structures. The Township of Darlington
may deny the application to construct a new tower if the applicant
has not made a good faith effort to mount the antenna on an existing
structure.
C.
The applicant shall demonstrate that the antenna is
the minimum height required to function satisfactorily. No antenna
that is taller than this minimum height shall be approved.
D.
Setbacks from base of antenna support structure. If
a new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the minimum distance between
the base of the support structure or any guy wire anchors and any
property line shall be the largest of the following:
E.
Fencing. A fence shall be required around the antenna
support structure and other equipment unless the antenna is mounted
on an existing structure. The fence shall be a minimum of eight feet
in height.
F.
Landscaping. The following landscaping shall be required
to screen as much of the support structure as possible, the fence
surrounding the support structure, and any other ground level features
(such as a building), and in general soften the appearance of the
cell site. The Township of Darlington may permit any combination of
existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if they achieve the same degree of
screening as the required landscaping. If the antenna is mounted on
an existing structure, and other equipment is housed inside an existing
structure, landscaping shall not be required.
(1)
An evergreen screen shall be required to surround
the site. The screen can be either a hedge (planted three feet on
center maximum) or a row of evergreen trees (planted 10 feet on center
maximum). The evergreen screen shall be a minimum height of six feet
at planting, and shall grow to a minimum of 15 feet at maturity.
(2)
In addition, existing vegetation on and around
the site shall be preserved to the greatest extent possible.
G.
In order to reduce the number of antenna support structures
needed in the community in the future, the proposed support structure
shall be required to accommodate other users, including other communications
companies, and local police, fire and ambulance companies.
H.
The communications company must demonstrate that it
is licensed by the Federal Communications Commission.
I.
Antenna support structures under 200 feet in height
should be painted silver or have a galvanized finish in order to reduce
the visual impact. Support structures may be painted green up to the
height of nearby trees. Support structures 200 feet in height or taller,
or those near airports, shall meet all Federal Aviation Administration
regulations. No antenna support structure may be artificially lighted
except as provided for and required by the FAA.
J.
A land development plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in Chapter 147, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure.
K.
Within 90 days of the cessation of operation of a
communications tower, all support structures, equipment buildings,
antenna structures and fencing shall be removed at the operator's
expense.
[Amended 5-12-2014 by Ord. No. 2-2014]
A.
Such vehicle shall not be occupied for residential, camping, or recreational
purpose for more than a total of 183 days and nights in a calendar
year. At the end of 183 days, if a vehicle wishes to remain on the
property, the property owner must submit in writing a request to the
Supervisors to extend the length of stay another 183 days. The decision
to grant the extension is the sole discretion of the Supervisors.
There is no limit to the number of times an extension can be granted.
B.
Such vehicle shall not be permanently anchored or
set on a permanent foundation and shall remain mobile.
C.
No effluent shall be discharged from the recreational
vehicle camper directly to the ground.
D.
No recreational vehicle camper shall be used for storage
of goods, materials or equipment, other than those items considered
to be part of the unit or essential for its immediate use.
E.
No more than 16 campers will be permitted per lot, assuming all other
zoning requirements, including but not limited to lot area and lot
coverage, are met. The arrangement of the campers on the lot must
be in a neat, organized, and orderly fashion allowing sufficient room
and space between the campers.
A.
A minimum of 200 feet shall be provided between the
closest building setback line of a manufacturing use and the building
setback line of a single-family dwelling.
B.
The private access driveway to a lot proposed for
a single-family dwelling shall be separated from the main entrance
to a principal use in the Manufacturing District by a minimum distance
of 150 linear feet, center line to center line.
A.
No motel shall have a lot area less than one acre.
B.
Motels shall utilize collective sewers connected with
an approved sewage disposal system.
C.
Front, side and rear yards of the motel shall be permanently
landscaped and maintained in good condition.
D.
Cabins or parts thereof shall not be permitted.
E.
At least one parking space shall be provided on the premises for each sleeping room. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by Article XV.
F.
Every unit shall be provided with running hot and
cold water and separate toilet facilities.
A.
Materials stored outside shall be screened from view
with dense plantings or opaque fencing material.
B.
Where material is stored in bins or stalls designed
for access, planting may be reduced as recommended by the Planning
Commission.
C.
Equipment and/or vehicles, when stored outside, shall
be fenced in with either opaque or wire mesh fencing around the entire
perimeter.
