[Amended 1-5-2015 by Ord.
No. 2011-2015]
Structures permitted above the height limit are roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts, radio and television antennas, utility poles, water tanks and similar structures, and grain silos and related equipment. However, no penthouse nor roof structure, nor any other space above the height limit, shall be allowed for the purpose of providing additional floor space for agricultural, industrial, residential or commercial use. Any structure exceeding the permitted building height within its respective district shall be set back a distance at least equal to its height from each property line adjoining a rural or residential district. Notwithstanding the foregoing, no structure subject to the height limitations set forth in § 240-89 shall exceed those limitations, except in conformance with the provisions of § 240-89.
No lot, even though it may consist of one or more adjacent lots
of record, shall be reduced in area so that yards, lot area per dwelling
unit, lot width or other requirements of this chapter are not maintained.
This shall not apply when a portion of a lot is acquired for a public
purpose.
This chapter shall not apply to any existing or proposed building,
or extension thereof, used or to be used by a public utility corporation,
if, upon petition of the corporation, the Pennsylvania Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public.
The Zoning Hearing Board may authorize as a special exception
the conversion of an existing dwelling into a multiple-family dwelling
containing no more than five total dwelling units, subject to the
following conditions and requirements:
A.
Plans drawn to scale for the proposed conversion shall be submitted
to the Zoning Hearing Board.
B.
Two off-street parking spaces shall be provided on the lot for each
dwelling unit.
C.
The minimum lot area per dwelling unit, after the conversion, shall
be equal to the minimum lot area required for dwelling units in the
zoning district in which the lot is located.
D.
Only interior modifications shall be made to the existing building.
No additions or extensions of such building shall be permitted, unless
required for access or for safety.
E.
If such existing dwelling is served by an individual on-lot sewage
system, the applicant shall present evidence that such system has
been designed so that it has the capacity to properly treat and dispose
of the sewage to be generated by the additional dwelling units and
that it has been properly maintained, unless the system shall be suitably
expanded and/or repaired. Any connection to and/or expansion of and/or
repair of an individual on-lot sewage disposal system shall be reviewed
by the Sewage Enforcement Officer of the Township, and the applicant
shall present evidence of such review and all necessary approvals.
F.
The Zoning Hearing Board may prescribe such further conditions and
safeguards with respect to the conversion and use of the building,
and with respect to the use of the lot, as it may deem necessary to
implement the purpose of this chapter.
G.
No zoning permit will be issued for the conversion until the Zoning
Officer has received proof of any approval required by any governmental
agency having jurisdiction over the conversion of the building into
more than one dwelling unit or in the maintenance of a multiple-family
building.
Every lot hereafter created shall be and every building or structure hereafter erected or moved shall be on a lot which is adjacent to and gains access from a public street or private street improved to the standards of public streets as established by Chapter 200, Subdivision and Land Development.
Subject to the following conditions and limitations, the Zoning
Hearing Board may grant a special exception for the use of a mobile
home in any district, providing not more than one mobile home shall
be permitted on each farm. In addition to the conditions and limitations
as set forth in this section, the Zoning Hearing Board may attach
additional conditions to its approval which it feels are necessary
requirements in order to preserve and protect the character of the
district in which the proposed use would locate.
A.
Before approving a special exception, the Zoning Hearing Board shall
find that all the following conditions exist:
B.
The Zoning Hearing Board shall require the following items in addition
to any other they may specify. All items shall appear on the permit.
(1)
The mobile home shall be set back a minimum distance of 60 feet from
any street right-of-way.
(2)
The mobile home is to be set as close to the farm buildings as possible.
The Zoning Hearing Board is to specify the distance after examining
the location.
(3)
The mobile home shall be occupied at least 30 days a year by at least
one person who is employed on the farm on which the mobile home is
located. If this is not complied with the mobile home shall be removed
from the premises.
(4)
Each mobile home is to be provided with a piped water supply and
an approved means of sanitary sewage disposal.
All cemeteries are subject to the following:
Building setback lines are hereby established on all existing
and proposed roads in the Township.
A.
Building lines on rural minor arterial roads.
(1)
Distance. The building line shall be established as 100 feet from
the center line of the existing or proposed road.
B.
Building lines on rural major collector streets.
(1)
Distance. The building line shall be established as 80 feet from
the center line of the existing or proposed road.
(2)
Roads named. For purposes of applying the standards in this chapter,
the following public roads are classified as rural major collector
roads:
(a)
Bainbridge Road: PA 241 (SR 0241).
(b)
Maytown Road: PA 743 (SR 0743).
(c)
Turnpike Road (SR 4008).
(d)
Rutts Road (T-310) between West Ridge Road and Bainbridge Road.
(e)
West Ridge Road (T-855) between Maytown Road and Rutts Road.
(f)
Industrial Road (T-864).
(g)
Zeager Road (T-863) from Market Street to Industrial Road.
(h)
Colebrook Road (T-321).
(i)
Anchor Road/West Harrisburg Avenue (SR 4018) west of Colebrook
Road to PA Route 230.
C.
Building lines on rural minor collector roads.
(1)
Distance. The building line shall be established as 60 feet from
the center line of the existing or proposed road.
D.
Building lines on rural local roads.
[Amended 5-2-2005 by Ord. No. 158-2005; 3-14-2016 by Ord. No.
223-2016]
A.
Purpose and authorization.
(1)
This section serves the following major purposes:
(a)
Promote the general health, welfare, and safety of the Township.
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the Township and its residents
by preventing excessive development in areas subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
The Legislature of the Commonwealth of Pennsylvania has, by the passage
of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. The Board of Supervisors
has enacted this section in accordance with the Flood Plain Management
Act, the Second Class Township Code,[2] and the MPC.[3]
B.
Floodplain Conservation District applicability and administration.
(1)
The regulations of the Floodplain Conservation District shall apply
throughout the entire Township as overlay zoning regulations that
supplement the zoning district regulations. Where the regulations
of this section differ from the regulations of any other section of
this section, the provision that is more restrictive on development
shall apply.
(a)
The inclusion of construction and floodproofing standards in
this section shall not be interpreted to allow any structure or construction
that is not expressly authorized by this section. If the Zoning Hearing
Board grants a variance to allow a structure or construction not authorized
by this section, such structure or construction shall comply with
all construction and floodproofing standards in this section unless
the Zoning Hearing Board also grants a variance from a specific construction
or floodproofing standard.
(2)
The degree of flood protection sought by the provisions of this section
is considered reasonable for regulatory purposes and is based on accepted
engineering methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This section does not imply
that areas outside any identified floodplain areas or that land uses
permitted within such areas will be free from flooding or flood damages.
This section shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this section or any administrative decision lawfully
made thereunder.
(3)
This section supersedes any other conflicting provisions which may
be in effect in identified floodplain areas. However, any other ordinance
provisions shall remain in full force and effect to the extent that
those provisions are more restrictive. If there is any conflict between
any of the provisions of this section and provisions of other ordinances,
the more restrictive shall apply.
(4)
The Zoning Officer is hereby appointed to administer and enforce
this section and for all purposes shall be considered and may sometimes
be referred to as the "Floodplain Administrator." The Floodplain Administrator
may fulfill the duties and responsibilities set forth in these regulations;
delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or enter into a written agreement or written contract
with another agency or private-sector entity to administer specific
provisions of these regulations. Administration of any part of these
regulations by another entity shall not relieve the Township of its
responsibilities pursuant to the participation requirements of the
National Flood Insurance Program as set forth in the Code of Federal
Regulations at 44 CFR § 59.22. In addition to the powers
and duties generally set forth in this section, when serving as Floodplain
Administrator, the Zoning Officer shall have the following powers
and duties:
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[4] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[5] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[6] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
In the case of existing structures, prior to the issuance of any permit,
the Floodplain Administrator shall also review the history of repairs
to the subject building so that any repetitive loss concerns can be
addressed before the permit is issued.
(c)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable Township ordinances.
He/she shall make as many inspections during and upon completion of
the work as are necessary.
(d)
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to perform inspections in accordance with the provisions of the Uniform Construction Code (UCC) and Article XIX of this chapter.
(e)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(f)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this section, including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(g)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning Township participation
in the National Flood Insurance Program.
(h)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated, but the ultimate
responsibility lies with the Zoning Officer.
(i)
The Floodplain Administrator shall consider the requirements
of the UCC.
(5)
Enforcement. This section and all other sections of this Chapter 240, Zoning, shall be enforced in accordance with Article XIX, Administration and Enforcement, including but not limited to § 240-120 through § 240-124, and the MPC.[7]
[7]
Editor's Note: The Municipalities Planning Code, 53 P.S. § 10101
et seq.
C.
Floodplain compliance.
(1)
No structure shall be used or located, relocated, constructed, reconstructed,
enlarged or structurally altered or land used except in full compliance
with these floodplain regulations and other provisions of applicable
Township ordinances. A Township zoning permit is required for any
development within the one-hundred-year floodplain.
(2)
Any alteration to a waterway, drainage channel or the one-hundred-year
floodplain, including development, redirecting drainageways, changes
in grade or filling in, shall only occur after a determination by
the Zoning Officer that all Township ordinances have been complied
with and after any needed state or federal permits are received.
(3)
Any municipality that will be affected by a change in an alteration
or relocation of a waterway shall be given prior notice of such proposal,
with copies of such notice provided to the DCED and FEMA.
D.
Permits for uses, structures and grading within the identified floodplain
area. Applications for such a permit shall be made, in writing, to
the Zoning Officer.
(1)
All permit applications shall include the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the land on which proposed
construction is to occur.
(c)
The name and address of the contractor.
(d)
The site location.
(e)
A brief description of the proposed work and estimated costs.
(f)
A site plan showing the exact size and location of the proposed
construction, as well as any existing buildings or structures, and
also showing the one-hundred-year flood line.
(g)
A brief description of proposed work and estimated cost, including
a breakout of the flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, permit applicants
shall provide all the necessary information in sufficient detail and
clarity to enable the Zoning Officer to determine that:
(a)
The proposal is consistent with the need to minimize flood damage
and conform with the requirements of this and all other applicable
codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Zoning Officer
to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn in at a
scale of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date.
[2]
Topographic contour lines, if applicable.
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development.
[4]
The location of all existing streets, driveways and other accessways.
[5]
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway and the flow of water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a BFE.
[2]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within any identified floodplain area, when combined with all other
existing and anticipated development, will not cause any increase
in the BFE.
[4]
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the BFE. Such statement shall
include a description of the type and extent of floodproofing measures
which have been incorporated into the design of the structure and/or
the development.
(e)
Detailed information needed to determine compliance within § 240-88Q(6), Storage, and § 240-88R, Development which may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in § 240-88Q(6) and R which are intended to be used, produced, stored or otherwise maintained on site.
(f)
The appropriate component of the DEP "Planning Module for Land
Development."
(g)
Where any excavation or grading is proposed, a plan meeting
DEP requirements to implement and maintain erosion and sedimentation
control.
E.
Review of permit applications by Conservation District. A copy of
all applications and plans for any proposed construction or development
in any identified floodplain area to be considered for approval shall
be submitted by the Zoning Officer to the Conservation District for
review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Zoning Officer
for possible incorporation into the proposed plan.
F.
Review of permit applications by others. A copy of all plans and
applications for any proposed construction or development in any identified
floodplain area to be considered for approval may be submitted by
the Zoning Officer to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Township Engineer, etc.) for review and
comment.
G.
Changes to permits. After the issuance of a permit by the Zoning
Officer, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Zoning Officer. Requests for any such change shall be in writing and
shall be submitted by the applicant to the Zoning Officer for consideration.
H.
Placards. In addition to the permit, the Zoning Officer shall issue
a placard which shall be displayed on the premises during the time
construction is in progress. This placard shall show the number of
the permit and the date of its issuance and be signed by the Zoning
Officer.
I.
Start of construction.
(1)
Work on the proposed construction and/or development shall begin
within 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the permit or the permit
shall expire unless a time extension is granted, in writing, by the
Zoning Officer. Construction and/or development shall be considered
to have started with the preparation of land, land clearing, grading,
filling, excavation of basement, footings, piers, or foundations,
erection of temporary forms, the installation of piling under the
proposed subsurface footings, or the installation of sewer, gas, and
water pipes, or electrical or other service lines from the street.
(2)
Time extensions shall be granted only if a written request is submitted
by the applicant which sets forth sufficient and reasonable cause
for the Zoning Officer to approve such a request.
J.
Identification of Floodplain Conservation District.
(1)
The Floodplain Conservation District is all those areas of West Donegal
Township, Lancaster County, Pennsylvania, classified as special flood
hazard areas in the Flood Insurance Study (FIS) and the accompanying
FIRM dated April 5, 2016, and issued by FEMA, or the most recent version
thereof, including all digital data developed as part of the FIS and
FIRM.
(2)
The above-referenced FIS and FIRM, and any subsequent revisions and
amendments, are hereby adopted by West Donegal Township and declared
to be a part of this section and the Floodplain Conservation District.
K.
Description and special requirements of identified floodplain areas
of the Floodplain Conservation District.
(1)
Floodway area.
(a)
Description: the area identified as floodway in the FIS and
FIRM which represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(2)
Special flood hazard area.
(a)
Description: the areas identified as Zones AE and A1-30 in the
FIS and FIRM which are subject to inundation by the one-percent-annual-chance
flood event determined by detailed methods and have BFEs shown.
(b)
Special requirements:
[1]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the DEP Regional Office.
[2]
In special flood hazard areas without a designated floodway,
no new development shall be permitted unless it can be demonstrated
that the cumulative effect of all past and projected development will
not increase the BFE by more than one foot.
(c)
The following uses shall be permitted as of right:
[1]
Agriculture, horticulture and forestry, excluding any structures
and excluding any grading or filling which would cause any increase
in flood heights or frequency.
[2]
Public and private recreational areas, such as parks, swimming
areas, play areas, campgrounds, picnic rows, lawns, gardens, golf
courses, driving ranges, archery ranges, bicycle paths and hiking
and horseback riding trails, all excluding structures and excluding
any grading or filling which would cause any increase in flood heights
or frequency.
[3]
Open space and front, side or rear yards required by other sections
of this section.
(d)
The following uses are permitted in the special flood hazard
area of the Floodplain Conservation District by special exception:
[1]
Parking lots, loading areas, driveways and aircraft landing
strips and taxiways.
[2]
Water-oriented uses, such as docks, piers, wharves, marinas,
boat liveries and boat-launching ramps.
[3]
Public utility facilities not under the exclusive jurisdiction
of the Pennsylvania Public Utility Commission, subject to the following
conditions:
[a]
Facilities such as pipelines, gas lines, storm
sewers, sanitary sewers, water lines, outlet installations for sewage
treatment plants, sealed public and private water supply wells, pumping
stations and underground communications facilities shall, together
with associated structures, but excepting necessary vents, be designed
and installed underground so as to be at or below the existing natural
surface grade and in such a manner as will prevent flotation, minimize
or eliminate flood damage, and not alter the cross-sectional area
of the floodplain.
[b]
All new or replacement water supply facilities
and/or sanitary sewage facilities shall be designed to minimize or
eliminate infiltration of floodwaters into the facilities and discharges
from the facilities into floodwaters.
[4]
Extraction of sand, gravel and other mineral production, excluding
topsoil.
(e)
Prohibited uses. The following uses are prohibited in the Floodplain
Conservation District:
[1]
All structures, buildings and mobile homes, with the exception
of those specifically allowed by this section.
[2]
Sanitary landfills, dumps, junkyards and salvage yards and outdoor
storage of vehicles and/or materials.
[3]
Damming or relocation of any watercourse, except as provided
for in this section.
[4]
Any parts of any on-site sewage disposal systems.
[5]
The storage of buoyant, toxic or hazardous material.
[6]
Any use not permitted in the underlying zoning district.
(3)
Approximate floodplain area.
(a)
Description: the areas identified as Zone A in the FIS which
are subject to inundation by the one-percent-annual-chance flood event
determined using approximate methodologies. Because detailed hydraulic
analyses have not been performed, no BFEs or flood depths are shown.
(b)
Special requirements:
[1]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the DEP Regional Office.
[2]
When available, information from other federal, state, and other
acceptable sources shall be used to determine the BFE, as well as
a floodway area, if possible. When no other information is available,
the BFE shall be determined by using a point on the boundary of the
identified floodplain area which is nearest the construction site
in question.
[3]
In lieu of the above, the Township may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
L.
Changes in identified floodplain area. The identified floodplain
area may be revised or modified by the Board of Supervisors where
studies or information provided by a qualified agency or person documents
the need for such revision. However, prior to any such change, approval
must be obtained from FEMA. As soon as practicable, but not later
than six months after the date such information becomes available,
the Township shall notify FEMA of the changes by submitting technical
or scientific data.
M.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Zoning
Officer, and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
N.
Technical provisions.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Township
and until all required permits or approvals have been first obtained
from the DEP Regional Office. It is the responsibility of the applicant
to provide all required studies and pay all fees.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
FEMA and DCED shall be notified prior to any alteration or relocation
of any watercourse.
(2)
Submit technical or scientific data to FEMA for a Letter of Map Revision
(LOMR) within six months of the completion of any new construction,
development, or other activity resulting in changes in the BFE.
(3)
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this section and any other applicable
codes, ordinances and regulations.
O.
Elevation and floodproofing requirements.
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to or above the regulatory flood elevation.
(b)
In A Zones, where there are no BFEs specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation determined in accordance with § 240-88K(3)(b)[2] and [3].
(c)
The design and construction standards and specifications contained
in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(2)
Nonresidential structures.
(a)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to or above the regulatory flood
elevation or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(b)
In A Zones, where there are no BFEs specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to or above the regulatory flood elevation determined in accordance with § 240-88K(3)(b)[2] and [3].
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the WI or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
(d)
The design and construction standards and specifications contained
in the UCC and ASCE 24 shall be utilized, where they are more restrictive.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (excluding basements),
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect or meet or exceed
the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
P.
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry but shall comply,
at a minimum, with the following requirements:
(1)
The accessory structure shall not be designed or used for human habitation
but shall be limited to the parking of vehicles or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
The floor area shall not exceed 150 square feet.
(3)
The accessory structure will have a low damage potential.
(4)
The accessory structure will be located on the site so as to cause
the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances such as furnaces,
heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The accessory structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or
meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
Q.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal feet, unless
substantiated data justifying steeper slopes are submitted to and
approved by the Zoning Officer.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any identified floodplain area except in strict compliance with all
state and Township regulations for such systems. If any such system
is permitted, is shall be located so as to avoid impairment to it,
or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and FEMA No.
348, Protecting Building Utilities From Flood Damage, and the International
Private Sewage Disposal Code shall be utilized.
(4)
Other utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 240-88R, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, storage tanks, and other similar objects or components
located below the regulatory flood elevation shall be securely anchored
or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain, without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevations shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trims, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(12)
Equipment. Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications
of the UCC shall apply to the above and other sections and subsections
of this section, to the extent that they are more restrictive and/or
supplement the requirements of this section.
R.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[8] and the regulations adopted by the DCED as required by
the Act, any new or substantially improved structure which will be
used for the production or storage of any of the following dangerous
materials or substances; or will be used for any activity requiring
the maintenance of a supply of more than 550 gallons, or other comparable
volume, of any of the following dangerous materials or substances
on the premises; or will involve the production, storage, or use of
any amount of radioactive substances shall be subject to the provisions
of this section, in addition to all other applicable provisions. The
following is a list of materials and substances that are considered
dangerous to human life:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Pesticides (including insecticides, fungicides, and rodenticides)
| |
|
Petroleum products (gasoline, fuel, oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
| |
|
Sodium
| |
|
Sulphur and sulphur products
|
[8]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any floodway area, any structure of the kind described in § 240-88R(1) shall be prohibited.
(3)
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 240-88R(1) shall be:
(a)
Elevated or designed and constructed to remain completely dry
up to at least 1 1/2 feet above base flood elevation.
(b)
Designed to prevent pollution from the structure or activity
during the course of a base flood. Any such structure, or part thereof,
that will be built below the regulatory flood elevation shall be designed
and constructed in accordance with the standards for completely dry
floodproofing contained in the publication "Flood-Proofing Regulations"
(U.S. Army Corps of Engineers, June 1972, as amended March 1992) or
with some other equivalent watertight standard.
(4)
Within any identified floodplain area, any new or substantially improved structure of the kind described in § 240-88R(1) shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
S.
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in flood hazard areas where base
flood elevation data are not available, shall be supported by hydrologic
and hydraulic engineering analyses that determine base flood elevations
and floodway information. The analyses shall be prepared by a licensed
professional engineer in a format required by FEMA for a Conditional
Letter of Map Revision or Letter of Map Revision. Submittal requirements
and processing fees shall be the responsibility of the applicant.
T.
Special requirements for manufactured homes and recreational vehicles.
(1)
Within any floodway, manufactured homes and recreational vehicles
shall be prohibited.
(2)
Within approximate floodplain or special flood hazard area, manufactured
homes shall be prohibited within the area measured 50 feet landward
from the top-of-bank of any new watercourse.
(3)
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
(4)
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions as provided by the manufacturer.
Where the applicant cannot provide the above information, the requirements
of Appendix E of the International Residential Building Code adopted
as part of the UCC or the U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing, 1984 Edition, or latest
revision thereto, shall apply.
(5)
Consideration shall be given to the installation requirements of
the UCC where appropriate and/or applicable to units where the manufacturer's
standards for anchoring cannot be provided or were not established
for the unit's(units') proposed installation.
(6)
Within an approximate floodplain or special flood hazard area, recreational vehicles must either be on the site for less than 180 consecutive days and be fully licensed and ready for highway use or meet all of the requirements for manufactured homes in § 240-88T(2), (3), (4) and (5).
(7)
Nothing contained in this subsection shall be construed to permit
manufactured homes in the Floodplain Conservation District.
U.
Prohibitions. In accordance with the administrative regulations promulgated
by the DCED to implement the Pennsylvania Flood Plain Management Act,
the following activities shall be prohibited within any identified
floodplain area:
V.
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of § 240-88W shall apply. Historic structures, as defined in this section, undergoing repair or rehabilitation that would constitute a substantial improvement as also defined in this section must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places must be obtained from the Secretary of the Interior. An exemption from ordinance requirements will be the minimum necessary to preserve historic character and design of the structure.
W.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of an existing structure shall be allowed
within any floodway are that would cause any increase in the elevation
of the BFE.
(2)
No expansion or enlargement of an existing structure shall be allowed
within any special flood hazard area that would, together with all
other existing and anticipated development, increase the BFE more
than one foot at any point.
(3)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of 50% or more
of its market value, shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this section.
(4)
The above activity shall also address the requirements of the UCC.
(5)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
(6)
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this section.
X.
Variances.
(1)
If compliance with any of the requirements of this section would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board may, upon request, grant relief
from the strict application of the requirements.
(2)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Article XX of this section and the following:
(a)
No variance shall be granted for any construction, development,
use or activity within any floodway that would cause any increase
in the base flood elevation.
(b)
No variance shall be granted for any construction, development,
use, or activity within any special flood hazard area that would,
together with all other existing and anticipated development, increase
the BFE more than one foot at any point.
(c)
Except for a possible modification of the regulatory flood elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development that may
endanger human life.
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(e)
Whenever a variance is granted, the Zoning Hearing Board shall
attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety, and welfare
and to achieve the objectives of this section.
(g)
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, at a minimum, the following:
[1]
That there is good and sufficient cause.
[2]
That failure to grant the variance would result in exceptional
hardship to the applicant.
[3]
That the granting of the variance will neither result in an
unacceptable or prohibited increase in flood heights, additional threats
to public safety, or extraordinary public expense nor create nuisances,
cause fraud on, or victimize the public or conflict with any other
applicable state or local ordinances and regulations.
(h)
A complete record of all variance requests and related actions
shall be maintained by the Township. In addition, a report of all
variances granted during the year shall be included in the annual
report to the FEMA.
(i)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
Y.
ACCESSORY STRUCTURE OR USE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC RESOURCE
LOWEST FLOOR
MANUFACTURED HOME
(1)
(2)
(3)
(4)
(5)
MANUFACTURED HOME PARK OR SUBDIVISON
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
OBSTRUCTION
PERSON
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Definitions. Unless specifically defined below, words and phrases
use in this section shall be interpreted so as to give this section
its most reasonable application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the FIRM for Zones AE, AH, A1-30 that
indicates the water surface elevation resulting from a flood that
has a one-percent or greater chance of being equaled or exceeded in
any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials forming a permanent structure
and which has walls and a roof. This term shall include manufactured
homes and trailers used for human habitation.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures,
the placement of manufactured homes, streets and other paving, utilities,
filling, grading and excavation, mining, dredging, drilling operations,
storage of equipment or materials, and the subdivision of land.
A manufactured home park or subdivision for which the construction
or facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by the Township.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads.).
A temporary inundation of normally dry land areas.
The official map on which FEMA or the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the Township.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the FIRM, the Flood Boundary and Floodway
Map, and the water surface elevation of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any building, structure, site, object or district that is
included on the National Register of Historic Places, individually
or as a contributing resource in a National Register Historic District.
The lowest floor of the lowest fully enclosed area, including
any basement. An unfinished flood-resistant partially enclosed area
used solely for the parking of vehicles, building access and incidental
storage, in an area other than a basement area, is not considered
the lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this section.
A type of single-family detached dwelling that meets all
of the following requirements:
It is transportable in a single piece or two substantial pieces
designed to be joined into one integral unit capable of again being
separated for towing.
It is designed for permanent occupancy.
It arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations.
It may be constructed so that it may be used without a permanent
foundation.
It is not a recreation vehicle.
A parcel, or contiguous parcels, of land which has been so
designated and improved that it contains two or more mobile/manufactured
home lots for the placement thereon of mobile/manufactured homes.
Structures for which the start of construction commenced
on or after the effective date of these floodplain regulations that
were adopted by the Township, and includes any subsequent improvements
thereto. Any construction started after May 19, 1981, and before the
effective date of these floodplain regulations is subject to the regulations
in effect at the time the permit was issued, provided that the start
of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by the Township.
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, culvert, fence, stockpile, refuse,
fill, structure or other matter in, along, across or projecting into
any channel, watercourse or flood-prone area, which may impede, retard
or change the direction of the flow of water, either by itself or
by catching or collecting debris carried by such water, or is placed
where the flow of the water may carry the matter downstream to threaten
life and property.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and not designed for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel, or seasonal use.
The BFE or estimated flood height as determined using simplified
methods plus a freeboard safety factor of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on an average, equals or exceeds
25% of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation, or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the "actual start of construction" means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above the ground, as well as a manufactured
home.
A subdivision as defined in the MPC.[9]
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss, regardless of the actual repair work performed.
The term does not include either any project for improvement of a
structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the Township Code Enforcement Official and which are the minimum
necessary to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the UCC adopted the International Residential Code (IRC) and the International
Building Code (IBC), by reference, as the construction standard applicable
with the state floodplain construction. For coordination purposes,
references to the above are made specifically to various sections
of the IRC and IBC.
The failure of a structure or other development to be fully
compliant with the Township's floodplain management regulations. A
structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
[9]
Editor's Note: The Municipalities Planning Code, 53 P.S. § 10101
et seq.
A.
Declaration of legislative intent.
(1)
This section is adopted pursuant to the authority conferred by the
Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq., as amended
and the MPC, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10101
et seq. It is hereby found that an obstruction has the potential for
endangering the lives and property of users of the Donegal Springs
Airpark, located in East Donegal Township, and property or occupants
of land in its vicinity; that an obstruction may affect existing and
future instrument approach minimums of Donegal Springs Airpark; and
that an obstruction may reduce the size of areas available for the
landing, takeoff, and maneuvering of aircraft, thus tending to destroy
or impair the utility of Donegal Springs Airpark. Accordingly, it
is declared:
(a)
That creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by Donegal
Springs Airpark;
(b)
That it is necessary in the interest of public health, public
safety, and general welfare that the creation or establishment of
obstructions that are a hazard to air navigation be prevented; and
(c)
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
(2)
It is further declared that the prevention of the creation or establishment
of hazards to air navigation, the elimination, removal, alteration
or mitigation of hazards to air navigation, or marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
land.
B.
AIRPORT
AIRPORT ELEVATION
APPROACH SURFACE
APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES
CONICAL SURFACE
HAZARD TO AIR NAVIGATION
HORIZONTAL SURFACE
LARGER THAN UTILITY RUNWAY
NONPRECISION INSTRUMENT RUNWAY
OBSTRUCTION
PRECISION INSTRUMENT RUNWAY
PRIMARY SURFACE
RUNWAY
STRUCTURE
TRANSITIONAL SURFACES
TREE
UTILITY RUNWAY
VISUAL RUNWAY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Donegal Springs Airpark.
The highest point of an airport's usable landing area measured
in feet from sea level.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach height limitation slope set forth in § 240-89D herein. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are set forth in § 240-89C herein.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one a horizontal distance
of 4,000 feet.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet powered aircraft.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 240-89D herein.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approach airport layout
plan or any other planning document.
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 240-89C herein. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
For the purposes of this section, a structure shall be any object, including a mobile object, constructed or installed by man, including, but not limited to buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines in addition to those objects defined in § 240-6.
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces, which project through and beyond
the limits of the conical surface, extend a distance of 5,000 feet
measured horizontally from the edge of the approach surface and at
ninety-degree angles to the extended runway center line.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller drive aircraft of 12,500 pounds maximum gross weight
and less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
C.
Airport zones. In order to carry out the provisions of this section,
there are hereby created and established certain airport zones which
include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces, as they apply
to Donegal Springs Airpark. Such airport zones are shown on the Donegal
Springs Airpark Zoning Map, which is on file in the Township office.
An area located in more than one of the airport zones is considered
to be only in the airport zone with the more restrictive height limitation.
The Donegal Springs Airpark Airport Zone is hereby established and
defined as follows, recognizing that all such zones may not be located
within the Township of West Donegal.
(1)
Utility runway nonprecision instrument approach zone. The inner edge
of this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach zone expands outward uniformly
to a width of 2,000 feet at a horizontal distance of 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
(2)
Transitional zones. The transitional zones are the areas beneath
the transitional surfaces.
(3)
Horizontal zone. The horizontal zone is established by swinging arcs
of five-thousand-foot radii for all runways designated utility or
visual and 10,000 feet for all others from the center of each end
of the primary surface of each runway and connecting the adjacent
arcs by drawing lines tangent to those arcs. The horizontal zone does
not include the approach and transitional zones.
(4)
Conical zone. The conical zone is established as the area that commences
at the periphery of the horizontal zone and extends outward there
from a horizontal distance of 4,000 feet.
D.
Airport Zone height limitations. Except as otherwise provided in
this section, no structure shall be erected, altered or maintained,
and no tree shall be allowed to grow in any zone created by this section
to a height in excess of the applicable height herein established
for such zone. Such applicable height limitations are hereby established
for each of the zones in question as follows:
(1)
Utility runway nonprecision instrument approach zone: slopes 20 feet
outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance
of 5,000 feet along the extended runway center line.
(2)
Transitional zones: slopes seven feet outward for each foot upward
beginning at the sides of and at the same elevation as the primary
surface and the approach surface and extending to a height of 150
feet above the airport elevation which for Donegal Springs Airpark
is 458 feet above mean sea level. In addition to the foregoing, there
are established height limits sloping seven feet outward for each
foot upward beginning at the sides of and the same elevation as the
approach surface and extending to where they intersect the conical
surface. Where the precision instrument runway approach zone projects
beyond the conical zone, there are established height limits sloping
seven feet outward for each foot upward beginning at the sides of
and at the same elevation as the approach surface and extending a
horizontal distance of 5,000 feet measured at ninety-degree angles
to the extended runway center line.
(3)
Horizontal zone: established at 150 feet above the airport elevation
or at a height of 458 feet above mean sea level for Donegal Springs
Airpark.
(4)
Conical zone: slopes 20 feet outward for each foot upward beginning
at the periphery of the horizontal zone and at 150 feet above the
airport elevation and extending to a height of 350 feet above the
airport elevation.
(5)
Excepted height limitations. Nothing in this section shall be construed
as prohibiting the construction or maintenance of any structure or
growth of any tree to a height up to 20 feet above the surface of
the land.
E.
Use restrictions.
(1)
Notwithstanding any other provisions of this chapter, no use may
be made of the land or water within any airport zone established by
this section in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of pilots using
the airport, impair visibility in the vicinity of the airport, create
bird strike hazards, or otherwise in any way endanger or interfere
with the landing, takeoff, or maneuvering of aircraft intending to
use the airport.
(2)
The airport safety zones established by this section represent overlay
zoning districts that are concerned with permitted height and safe
operation of aircraft. The underlying zoning district shall prescribe
all other zoning-related standards and uses which shall be imposed
upon any lands within the Township. In those instances where an airport
safety zone prescribes a height restriction different than that imposed
by the underlying zoning district, the most restrictive standard shall
apply.
F.
Nonconforming structures or uses.
(1)
Regulations not retroactive. The regulations prescribed in this section
shall not be construed to require the removal, lowering or other change
or alteration of any structure or tree not conforming to the regulations
as of the effective date of this section, or otherwise interfere with
the continuance of a nonconforming structure or use. Nothing contained
herein shall require any change in the construction, alteration, or
intended use of any structure, the construction or alteration of which
was begun prior to the effective date of this section and is diligently
pursued.
(2)
Marking and lighting. Notwithstanding the preceding provision of
this section, the owner of any existing nonconforming structure or
tree is hereby required to permit the installation, operation and
maintenance thereon of such markers and lights as shall be deemed
necessary to indicate to the operators of aircraft in the vicinity
of the airport the presence of such airport obstruction. Such markers
and lights shall be installed, operated, and maintained at the expense
of the Donegal Springs Airpark.
G.
Permits.
(1)
Future uses. Except as specifically provided in § 240-89G(1)(a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularly to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with § 240-89G herein.
(a)
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when
because of terrain, land contour, or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
(b)
In areas lying within the limits of the approach zones but at
a horizontal distance of not less than 4,200 feet from each end of
the runway, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when
because of terrain, land contour, or topographic features, such tree
or structure would extend above the height limit prescribed for such
approach zones.
(c)
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zone, no permit shall be required
for any tree or structure less than 75 feet of vertical height above
the ground, except when such tree or structure, because or terrain,
land contour or topographic features, would extend above the height
limit prescribed for such transition zones.
(2)
Existing uses. No permit shall be granted that would allow the establishment
or creation of an obstruction or permit a nonconforming use, structure,
or tree to become a greater hazard to air navigation than it was on
the effective date of this section or any amendments thereto or than
it is when the application for a permit is made. Except as indicated,
all applications for such a permit shall be granted.
(3)
Nonconforming uses abandoned or destroyed. Whenever the Board of
Supervisors determines that a nonconforming tree or structure has
been abandoned or more than 80% torn down, physically deteriorated,
or decayed, no permit shall be granted that would allow such structure
or tree to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
(4)
Variance. Any person desiring to erect or increase the height of
any structure, or permit the growth of any tree, or use property not
in accordance with the regulations prescribed in this section may
apply to the Zoning Hearing Board for a variance from such regulations.
The application for variance shall be accompanied by a determination
from the Federal Aviation Administration as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable airspace. Such variances shall be allowed where it
is duly found that a literal application or enforcement of the regulations
will result in unnecessary hardship and the relief granted will not
be contrary to the public interest, will be the minimum variance necessary
to grant relief, will not create a hazard to air navigation, will
do substantial justice, and will be in accordance with the spirit
of this section. Additionally, no application for variance to the
requirements of this section may be considered by the Zoning Hearing
Board unless the applicant shall have furnished a copy of the application
to the Airport Manager and to the registered owner of the real estate
upon which the airport is located, for advice as to the aeronautical
effects of the variance. If the Airport Manager or the other owner
of the real estate upon which the airport is located does not respond
to the application within 15 days after receipt, the Zoning Hearing
Board may act on its own to grant or deny said application.
(5)
Obstruction marking and lighting. Any permit or variance granted
may, if such action is deemed advisable to effectuate the purpose
of this section and is reasonable in the circumstances, be so conditioned
as to require the owner of the structure or tree in question to install,
operate, and maintain, at the owner's expense, such markings and lights
as may be necessary. If deemed proper by the Zoning Hearing Board,
this condition may be modified to require the owner to permit the
Donegal Springs Airpark, at its own expense, to install, operate,
and maintain the necessary markings and lights.
H.
Enforcement. It shall be the duty of the Zoning Officer of West Donegal
Township to administer and enforce the regulations prescribed herein.
Application for permits and variances shall be made to the Zoning
Officer of West Donegal Township on a form published for that purpose.
Applications required by this section to be submitted to the Zoning
Officer of West Donegal Township shall be promptly considered and
granted or denied. Application for action by the Zoning Hearing Board
shall be forthwith transmitted by the Zoning Officer of West Donegal
Township.
[Amended 12-21-2015 by Ord. No. 221-2015]
All home occupations are subject to the following:
A.
The person conducting a home occupation shall be a resident of the
dwelling.
B.
No more than two persons not in residence in the dwelling shall be
employed in such occupation.
C.
No more than 25% of the floor area of the dwelling shall be devoted
to the home occupation.
D.
No displays or change in the building facade shall indicate from
the exterior that the dwelling is being used for any purpose other
than as a dwelling.
E.
One sign is permitted for a home occupation. The area of the sign
shall not exceed six square feet.
F.
No more than one home occupation shall be permitted in any dwelling
unit.
G.
A minimum of three off-street parking spaces shall be provided in
addition to the parking required for the residential use.
H.
No business, occupation or service shall be conducted within a private
garage, nor shall space within such private garage for more than one
vehicle be leased to a nonoccupant of the premises.
I.
Home occupations shall be clearly incidental and secondary to the
residential use of the dwelling, shall be conducted by the occupants
of the dwelling, shall be conducted within the dwelling only, and
shall not be permitted to be conducted within accessory buildings
or structures on the lot.
No-impact home-based businesses are permitted as a use by right
in all districts, except that such permission shall not exceed any
deed restriction, covenant or agreement restricting the use of the
land, nor any master deed, bylaw or other document applicable to a
common interest ownership community.
A.
A "no-impact home-based business" is a business or commercial activity
administered or conducted as an accessory use which is clearly secondary
to the use as a residential dwelling and which involves no customer,
client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises, in excess of
those normally associated with residential use.
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 in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
All bed-and-breakfast establishments are subject to the following:
A.
Parking shall be provided in accordance with the requirements of Article XVI. All such parking shall be located behind the dwelling.
B.
Meals may be offered only to registered guests, and breakfast shall
be the only meal which shall be offered.
C.
Signs for bed-and-breakfast establishments shall comply with all requirements for signs contained in Chapter 175, Signs, of the Code of the Township of West Donegal.
D.
If such principal building is served by an individual on-lot sewage
system, the applicant shall present evidence that such system has
been designed so that it has the capacity to properly treat and dispose
of the sewage to be generated by the additional persons to use the
system and that it has been properly maintained, unless the system
shall be suitably expanded and/or repaired. Any connection to and/or
expansion of and/or repair of an individual on-lot sewage disposal
system shall be reviewed by the Sewage Enforcement Officer of the
Township, and the applicant shall present evidence of such review
and all necessary approvals.
E.
Bed-and-breakfasts shall only be located within an owner-occupied
single-family detached dwelling.
F.
No more than four bedrooms shall be rented to overnight guests for
a period not exceeding one week.
All churches and related uses are subject to the following:
A.
House of worship:
(1)
Minimum lot area: two acres.
(2)
Minimum lot width: 200 feet.
(3)
All houses of worship shall have vehicular access to an arterial
or collector highway.
(4)
Minimum side and rear yard setbacks: 50 feet on each side and in
the rear yard.
(5)
All off-street parking areas shall be set back at least 60 feet from
the center line of the street.
B.
Church-related residences (rectories and convents).
C.
Church-related educational or day-care facilities.
(1)
All educational or day-care uses shall be accessory and located upon
the same lot as a house of worship.
(2)
If education or day care is offered below the college level, an outdoor
play area shall be provided at a rate of 65 square feet per individual
enrolled. Off-street parking lots shall not be used as outdoor play
areas. Outdoor play areas shall not be located within the front yard
and must be set back 25 feet from all property lines. Outdoor play
areas shall be completely enclosed by a minimum four-foot high fence,
and screened from adjoining residentially zoned properties. Any vegetative
materials located within the outdoor play areas shall be of a nonharmful
type (poisonous, thorny, allergenic, etc.). All outdoor play areas
must provide a means of shade, such as a shade tree(s) or pavilion(s).
(3)
Enrollment shall be defined as the largest number of students and/or
children under day-care supervision at any one time during a seven-day
period.
(4)
Passenger dropoff areas shall be provided and arranged so that passengers
do not have to cross traffic lanes on or adjacent to the site.
(5)
All educational or day-care uses shall be governed by the location,
height and bulk standards imposed upon principal uses within the applicable
district.
(6)
Unless the applicant can demonstrate that the off-street parking
associated with the house of worship is sufficient for the proposed
use, one off-street parking space shall be provided for each six students
enrolled below grade 10, off-street parking space for each three students
grades 10 and above, and one per employee in the largest shift.
D.
Church-related cemeteries.
(1)
All burial plots or structures shall be located at least 20 feet from any property line and 50 feet from any street center line, subject to the requirements of § 240-87.
(2)
Assurances must be provided that water supplies of surrounding properties
will not be contaminated by burial activity within the proposed cemetery.
(3)
No burial plots or facilities are permitted in floodplain or flood
fringe areas.
All veterinary facilities and/or kennels are subject to the
following:
A.
The maximum number of animals shall be determined by the Zoning Hearing
Board, in accordance with the area of the facility, the type of animal
to be housed and/or treated, the nature and character of the surrounding
neighborhood, and guidelines of recognized organizations concerned
with the breeding of animals and the prevention of cruelty to animals.
The applicant shall present evidence of such guidelines to the Zoning
Hearing Board.
B.
All animal pens and sales areas shall not be located closer than 100 feet from all property lines and street right-of-way lines, except if the applicant owns land on the other side of the road opposite the location of the proposed use, such structure(s) need only be set back from the street right-of-way line 50 feet, however, compliance with § 240-87 shall be required.
C.
All animal pens shall be located within a suitably enclosed area.
D.
Operation of kennels shall comply with the Dog Law, Act of December
7, 1982, P.L. 784, No. 225, as amended, 3 P.S. § 459-101
et seq., and all applicable regulations of the Department of Agriculture.
All private clubs and/or fraternal lodges are subject to the
following:
A.
All uses shall front and have access to a public road.
B.
All off-street parking shall be provided between the front face of
the building and a point 50 feet from the center line of adjoining
road(s). Parking compounds will also be set back 30 feet from any
adjoining residential lot lines.
C.
All outdoor recreation/activity areas shall be set back at least
50 feet from any property line.
D.
Screening shall be provided along any adjoining residentially zoned
property.
E.
The applicant must furnish evidence as to how the use will be controlled
so as not to constitute a nuisance due to noise or loitering outside
the clubhouse.
F.
Should the use include a shooting range, the applicant must demonstrate
by credible evidence that such shooting range:
(1)
Will not substantially injure or detract from the lawful existing
or permitted use of neighboring properties.
(2)
Will not substantially damage the health, safety or welfare of the
Township or its residents and property owners.
(3)
Must comply with all applicable state and local laws, rules and regulations
regarding the discharge of a firearm.
(4)
Shall limit the storage of ammunition to only that utilized on the
property. The storage of live ammunition shall only occur in an approved
safe.
(5)
Shall limit the number of shooters to the number of firing points
or stations identified on the development plan.
(6)
Shall require all shooters to satisfactorily complete an orientation
safety program given in accordance with the National Rifle Association,
or show a valid hunting license or handgun permit before they are
allowed to discharge firearms.
(7)
Shall limit the consumption of alcoholic beverages to days when no
shooting activities are permitted or when the shooting activities
are completed for that day. Furthermore, alcoholic beverages may only
be consumed in designated areas away from the firing points or stations.
(8)
Shall limit firing to the hours between one hour after dawn and one
hour preceding dusk.
(9)
A development plan shall identify the safety fan for each firing
range. The safety fan shall include the area necessary to contain
all projectiles, including direct fire and ricochet. The safety fan
configuration shall be based upon qualified expert testimony regarding
the trajectory of the bullet and the design effectiveness of berms,
overhead baffles, or other safety barriers to contain projectiles
to the safety fan.
(10)
The firing range, including the entire safety fan, shall be
enclosed with a six-foot high nonclimbable fence to prevent unauthorized
entry into the area. Range caution signs with eight-inch tall, red
letters on a white background shall be posted at a maximum of one-hundred-foot
intervals around the range perimeter. Signs shall read SHOOTING RANGE
AREA. KEEP OUT!
(11)
Range flags shall be displayed during all shooting activities.
Range flags shall be located in a manner visible from entrance drives,
target areas, range floor, and the perimeter of the safety fan.
(12)
All surfaces located within the safety fan, including the backstop,
overhead baffles, berms, and range floor, shall be free of hardened
surfaces, such as rocks or other ricochet-producing materials.
(13)
All shooting range facilities, including buildings, parking,
firing range, and safety fan, shall be set back a minimum of 100 feet
from the property line and street right-of-way.
(14)
The applicant shall present credible evidence that the sound
of shooting in any nearby residential zone does not exceed the ambient
noise level. Sound abatement shields or barriers may be necessary,
unless significant natural barriers exist.
(15)
Off-street parking facilities shall be provided with a ratio
of 1 1/2 spaces per firing station, but not less than one space
for each four seats.
(16)
No shooting range shall be located within 1/4 mile of any land
within a residential zoning district.
All public utility structures are subject to the following:
A.
The building area shall not exceed 1,000 square feet.
B.
The building shall meet principal dwelling setback requirements set
forth in the applicable district.
C.
Any building shall not exceed 25 feet in height.
D.
The property shall be used only for activities which do not require
the regular presence of employees, and no employees of the utility
shall be stationed at such property.
E.
The site shall not contain any activities which will attract customers
of the utility, including but not limited to acceptance of payments,
adjustments of service complaints, etc.
F.
Any building shall be used solely to protect and enclose conveyance,
transmitting and/or receiving equipment and related facilities necessary
for the proper operation of the public utility.
G.
No open storage or other use of the land outside the building shall
be permitted.
All campgrounds are subject to the following:
A.
Campgrounds are permitted on a minimum of 25 acres.
B.
Setbacks. All setbacks shall conform to those of the zoning district in which the campground is located and as provided in § 240-87.
C.
All campgrounds shall furnish garbage collection facilities that
shall be set back a minimum of 50 feet from any property line.
D.
An internal road system shall be provided that permits safe movement
of vehicular traffic. Parking shall be provided for each campsite
in such manner as to provide safe movement of vehicular traffic and
minimize conflicts with pedestrian movement.
E.
Signs for campgrounds shall comply with all the requirements for signs contained in Chapter 175, Signs.
F.
A minimum of 20% of the gross area of the campground shall be dedicated
to the provision of active and/or passive recreation facilities and
opportunities of the campground patrons and their guests.
G.
Every campground shall have a permanent office located on the property,
which serves as the primary location for conducting business during
periods of operation.
The following standards shall apply within all zoning districts
for the keeping of animals. However, these standards shall not be
interpreted as applying to animal hospitals, veterinary clinics, kennels,
riding clubs and riding stables, or normal farming operations.
A.
It is permitted to maintain up to three each of dogs and cats and
litters of puppies or kittens up to six months in age as domestic
animals, provided the following conditions are met:
(1)
Maintaining dogs and cats shall be on a noncommercial basis.
(2)
The area on which a shelter and/or exercise pen is maintained must
be suitably enclosed and located in the rear yard at least 10 feet
from any lot line and is not closer than 50 feet to the nearest dwelling
other than that of the owner.
(3)
The area around which a shelter and/or exercise pen is maintained
shall be kept in suitable grass cover and shall not be allowed to
degrade to an erodible condition.
(4)
The owner of the animals shall exercise suitable control over the
animals and shall not allow a nuisance condition to be created in
terms of excessive noise, dirt, or odor.
B.
It is permitted to maintain small domestic animals up to a total
of 12, provided the following conditions are met:
(1)
Maintaining small domestic animals shall be within the rear yard
area.
(2)
Maintaining small domestic animals shall be on a noncommercial basis
and be strictly as an incidental use.
(3)
The area within which small domestic animals are kept shall be enclosed
by a fence designed for containment.
(4)
Such fence shall be at least 50 feet from any lot line and not closer
than 100 feet to the nearest dwelling other than that of the owner.
(5)
The area within which small domestic animals are maintained shall
be kept in a suitable grass cover and shall not be allowed to degrade
to an erodible condition.
(6)
The owner of the small domestic animals shall exercise suitable control
over the animals and shall not allow a nuisance condition to be created
in terms of excessive noise, dirt, or odor.
(7)
For the purposes of this subsection, small domestic animals shall
include animals such as rabbits, guinea pigs, and chinchilla, and
fowl such as chickens, turkeys, geese, ducks, and pigeons, but shall
not include wild or exotic animals held in captivity.
C.
The ownership of large domestic animals shall not exceed 1 1/2
animal units per acre, provided the following conditions are met:
(1)
Maintaining large domestic animals shall be within the rear yard
area.
(2)
Maintaining large domestic animals shall be on a noncommercial basis
and be strictly as an incidental use.
(3)
The area within which large domestic animals are kept shall be enclosed
by a fence designed for containment.
(4)
No building, corral, fence, or stable shall be closer than 100 feet
to the nearest dwelling other than that of the owner.
(5)
The area within which large domestic animals are maintained shall
be kept in a suitable grass cover of at least two acres in area and
shall not be allowed to degrade to an erodible condition.
(6)
The owner of the large domestic animals shall exercise suitable control
over the animals and shall not allow a nuisance condition to be created
in terms of excessive noise, dirt, or odor.
(7)
For the purposes of this subsection, large domestic animals shall
include animals of the bovine, equine, porcine (swine), and sheep
families, but shall not include wild or exotic animals held in captivity.
D.
The keeping of wild or exotic animals shall be authorized only after
special exception approval by the Zoning Hearing Board. The keeping
of wild or exotic animals shall be limited to lots located in the
Agricultural Zoning District with a minimum lot area of five acres
or greater, and shall be subject to the following additional requirements:
(1)
The number of such animals shall not exceed the equivalent of one
animal unit per acre.
(2)
Said animals shall be maintained only within the rear yard area.
(3)
The building or area within which such animals are kept shall be
enclosed by a fence or other form of enclosure designed for containment.
(4)
Such fence or other form of enclosure shall be at least 50 feet from
any lot line and not closer than 100 feet to the nearest dwelling
other than that of the owner.
(5)
The area within which such animals are maintained shall be kept in
a suitable grass cover and shall not be allowed to degrade to an erodible
condition.
(6)
The owner of such animals shall exercise suitable control over the
animals and shall not allow a nuisance condition to be created in
terms of excessive noise, dirt, or odor.
(7)
All such animals shall be maintained in accordance with the regulations
and/or permit requirements of the Pennsylvania Game Commission and
other applicable agencies.
All mobile home parks are subject to the following.
A.
A permit to construct or expand a mobile home park, or create or
increase any nonconformity with respect to an existing mobile home
park, shall be issued only after a special exception has been filed
and approved by the Zoning Hearing Board. The Board shall require
that the surrounding areas be satisfactorily protected by planting
or other suitable buffer or screening arrangement.
B.
A mobile home park shall contain a minimum of five acres of which
no more than 40% can be covered with impervious surfaces.
C.
All mobile home parks shall be served by public water and public
sanitary sewer facilities.
D.
Maximum density in a mobile home park shall be six units per acre.
E.
All mobile home lots shall contain at least 4,250 square feet.
F.
Each mobile home lot or space shall have a minimum front yard of
30 feet, rear yard of 25 feet, and two side yards of 10 feet each.
In no case shall the distance between any two mobile homes be less
than 25 feet (these setbacks shall also apply to mobile home park
office, service, utility, or other buildings).
G.
All mobile home parks shall be provided with a perimeter landscape
buffer strip that is at least 50 feet wide. Such width shall be measured
from adjoining property and right-of-way lines.
H.
Each mobile home shall be placed on a minimum six-inch thick poured
concrete pad over a minimum six-inch stone base, the length and width
of which shall be at least equal to the length and width of the mobile
home it is to support. Each pad shall include properly designed utility
connections. Protective skirting shall be placed around the area between
the pad and the floor level of each mobile home so as to prevent that
area from forming a harborage for rodents, to allow the creation of
a fire hazard, or to expose unsightly conditions.
I.
Each mobile home shall be provided with a minimum of two paved parking
spaces, each of which shall contain at least 180 square feet of bituminous
or concrete surface, which shall be located on the mobile home lot.
If on-street parking is not provided, one additional off-street parking
space per unit shall be provided in a common visitor parking compound.
Such visitor parking compounds shall be sized, arranged and located
so that the spaces are within 300 feet walking distance to any unit
served. Access to all parking spaces shall be limited to interior
roads of the mobile home park; in no case shall access to such parking
spaces be provided from adjoining public roads.
J.
Interior mobile home park roads with no on-street parking shall be
paved with an all-weather, dust-free surface at least 24 feet wide.
An additional width of 10 feet shall be provided for each lane of
on-street parking.
K.
Individual mobile home owners may install accessory or storage sheds,
extensions and additions to mobile homes, and exterior patio areas.
Any such facilities so installed shall not intrude into any required
front, side, or rear yard, and, in every case, shall substantially
conform in style, quality and color to the existing mobile homes.
L.
There shall be a minimum of 25% of the gross acreage of the mobile
home park devoted to active and/or passive common recreational facilities.
Responsibility for maintenance of the recreational areas shall be
with the landowner and/or the operator. Should the landowner and/or
the operator neglect to maintain the designated recreational areas,
as depicted on the plan, the Township may then maintain said areas
and assess the landowner for any costs incurred.
M.
A visual screen shall be placed along the mobile home park boundaries
that adjoin other residentially zoned properties. Such screen can
consist of sight-tight fencing, vegetative materials, or earthen berms
that are so arranged to effectively block the views from ground level
on adjoining properties. Screening shall be provided between ground
level and at least a height of six feet. If sight-tight fencing is
used, it shall not encompass more than 50% of the total surface area
of the required screen.
N.
Each mobile home space shall contain no more than one mobile home
or more than one family.
O.
Service and accessory buildings located in a mobile home park shall
be used only by the occupants and guests of the mobile home park.
All boarding houses are subject to the following:
A.
The following minimum lot area requirements shall be provided:
|
Minimum Required Lot Size
(square feet)
|
Plus
|
Additional Lot Area Per Boarder
(square feet)
| |
|---|---|---|---|
|
10,000
|
Plus
|
2,500
|
B.
Public sewer and public water shall be utilized.
C.
No modifications to the external appearance of the building (except
fire escapes) which would alter its residential character, shall be
permitted.
D.
All floors above and/or below grade shall have direct means of escape
to ground level.
E.
One off-street parking space shall be provided for each room available
for rent, in addition to those required for the dwelling unit.
F.
Off-street parking areas shall be set back at least 50 feet from
the center line of any adjoining street and 25 feet from any side
or rear property lines. Off-street parking areas shall also be screened
from adjoining residentially zoned properties.
G.
Signs for boarding houses shall comply with all the requirements for signs contained in Chapter 175, Signs.
H.
The applicant shall furnish evidence of approvals granted by the
PA Department of Labor and Industry.
All applications for zoning permits and subdivision and land
development plans shall identify the location of existing wetlands
as determined by the standards of either the U.S. Environmental Protection
Agency; U.S. Army Corps of Engineers; DEP; or the U.S. Natural Resources
Conservation Service. Wetland areas are not limited to those areas
delineated on wetland maps prepared by the U.S. Fish and Wildlife
Service. Any proposed encroachment into the wetland shall include
a copy of the permit or approval from the applicable state and federal
agencies. No approval from the Township shall be used as justification
for noncompliance with any county, state or federal requirements pertaining
to wetlands.
[Amended 12-21-2015 by Ord. No. 221-2015]
All mini-warehouses within the General Commercial District are
subject to the following regulations:
A.
Within the General Commercial District mini-warehouses shall not
exceed an aggregate total of 40,000 square feet of floor area.
B.
Off-street parking shall be provided for mini-warehouses according to the schedule listed in Article XVI of this chapter.
C.
Parking shall be provided by parking and driving lanes adjacent to
the buildings. These lanes shall be a minimum of 26 feet wide when
the cubicles open to one side of the lane only and a minimum of 30
feet wide when the cubicles open to both sides of the lane.
D.
Required parking shall not be rented as or used for vehicular storage. Additional external storage area may be provided for the storage of privately owned recreational vehicles, travel trailers and/or boats, so long as such external storage is fenced and a buffer screen in accordance with § 240-104 of this chapter is provided between any residentially zoned land and/or existing dwellings and from adjoining roads to block the view of the mini-warehouse operations from all neighboring residential uses. The storage yard shall observe the minimum yard setbacks. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative motor vehicles or equipment.
E.
Except as provided in Subsection D, all storage shall be kept within an enclosed building. The storage of flammable, highly combustible, explosive, or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
F.
Because of the danger from fire or explosion caused by the accumulation
of vapors from gasoline, diesel fuel, paint, paint remover, and other
flammable materials, activities which use such materials, including
but not limited to the repair, construction, or reconstruction of
any boat, engine, motor vehicle, or furniture are prohibited.
G.
Mini-warehouses shall be solely used for the storage of property.
The following lists examples of uses expressly prohibited upon the
site:
(1)
Auctions, commercial wholesale or retail sales, or garage sales.
(2)
The servicing, repair, or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances, or other similar equipment.
(3)
The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other similar
equipment.
(4)
The establishment of a transfer and storage business.
(5)
Any use that is noxious or offensive because of odors, dust,
noise, fumes, or vibrations.
H.
The applicant shall adequately demonstrate that all mini-warehouse
rental and/or use contracts shall specifically prohibit these uses.
All mini-warehouses within the Agricultural, Rural and Institutional
Districts are subject to the following regulations.
A.
Within the Agricultural, Rural and Institutional Districts mini-warehouses
shall be provided only within existing structures by conversion of
those structures.
B.
Off-street parking shall be provided for mini-warehouses according to the schedule listed in Article XVI of this chapter.
C.
Required parking shall not be rented as or used for vehicular storage. Additional external storage area may be provided for the storage of privately owned recreational vehicles, travel trailers and/or boats, so long as such external storage is fenced and a buffer screen in accordance with § 240-104 of this chapter is provided between any residentially zoned land and/or existing dwellings and from adjoining roads to block the view of the mini-warehouse operations from all neighboring residential uses.
D.
The storage yard shall observe the minimum yard setbacks. This provision
shall not be interpreted to permit the storage of partially dismantled,
wrecked, or inoperative motor vehicles or equipment.
E.
Except as provided in Subsection C, all storage shall be kept within an enclosed building. The storage of flammable, highly combustible, explosive, or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
F.
Because of the danger from fire or explosion caused by the accumulation
of vapors from gasoline, diesel fuel, paint, paint remover, and other
flammable materials, activities which use such materials, including
but not limited to the repair, construction, or reconstruction of
any boat, engine, motor vehicle, or furniture are prohibited.
G.
Mini-warehouses shall be solely used for the storage of property.
The following lists examples of uses expressly prohibited upon the
site:
(1)
Auctions, commercial wholesale or retail sales, or garage sales.
(2)
The servicing, repair, or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances, or other similar equipment.
(3)
The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other similar
equipment.
(4)
The establishment of a transfer and storage business.
(5)
Any use that is noxious or offensive because of odors, dust,
noise, fumes, or vibrations.
H.
The applicant shall adequately demonstrate that all mini-warehouse
rental and/or use contracts shall specifically prohibit these uses.
Buffer planting shall be provided along the rear of reverse
frontage lots and where specifically required in other sections of
this chapter. Parking and building are prohibited within the buffer
area. The use of the buffer area for accessways shall be limited.
Buffer areas shall include a suitable and uninterrupted evergreen
planting of a minimum height of 36 inches sufficient height and density
to give maximum screening. Such screening shall be permanently maintained
and replaced where necessary to present an attractive appearance.
It is recommended that a landscape architect registered by the Commonwealth
of Pennsylvania be utilized to insure the proper use, arrangement,
and selection of plant material and to provide an esthetically pleasing
effect.
A.
A commercial communications antenna attached to an existing structure
shall be permitted by right in any nonresidential district if it meets
the following requirements:
(1)
All accessory building(s) related to the antenna shall have
a maximum total floor area of 200 square feet and shall meet applicable
accessory building setbacks.
(2)
In a district, other than a General Commercial, General Industrial
or Mining and Natural Extraction District, the antenna shall extend
a maximum of 25 feet above an existing structure on a nonresidential
lot, such as a silo, barn, water tower, church bell tower, power line
tower, or light standard.
[Amended 12-21-2015 by Ord. No. 221-2015]
(3)
In a General Commercial, General Industrial or Mining and Natural
Extraction District the antenna shall extend a maximum of 50 feet
above an existing structure on a nonresidential lot, such as a commercial
or industrial building, silo, barn, water tower, power line tower,
church bell tower, or light standard.
[Amended 12-21-2015 by Ord. No. 221-2015]
B.
Any commercial communications antenna that does not meet the requirements of Subsection A above shall only be permitted where specifically authorized by applicable district regulations.
(1)
Such antenna shall be set back the following distances from
lot lines, whichever is greater:
(2)
A tower attached to the ground that supports such antenna shall
be surrounded by a security fence with a minimum height of six feet
and evergreen plantings or preserved vegetation with an initial minimum
height of four feet.
(3)
The applicant is strongly encouraged to provide a written commitment
that will rent space on a tower to other communications providers
to minimize the total number of towers necessary within the region.
(4)
The maximum total height of 100 feet shall apply, unless the
applicant proves to the Zoning Hearing Board, as a special exception,
that the taller height is necessary.
C.
An antenna that primarily serves emergency communications by Township-recognized
police, fire, ambulance or similar organizations shall not be regulated
by this chapter.
[Added 10-10-2016 by Ord.
No. 225]
Communications antennas, towers, and equipment shall be permitted
by special exception within the rights-of-way of public or private
streets within the Agricultural (A) District, Quarry (Q) District,
Commercial (C) District, and Industrial (I) District, only if the
communications tower, antenna, and equipment meet all of the following
requirements:
A.
Towers prohibited in areas served by underground utilities. No communications
antennas, towers or equipment shall be installed within a public street
right-of-way or a private street right-of-way where utility facilities
serving lots abutting such street are located underground. Communications
antennas, towers, and equipment shall be installed only within rights-of-way
of streets where there are utility poles and overhead wires existing
on October 17, 2016.
B.
Co-location. An application for a new communications tower in a street
right-of-way shall not be approved unless the Township finds that
the proposed wireless communications equipment cannot be accommodated
on an existing structure, such as a utility pole or traffic light
pole. Any application for approval of a communications tower shall
include a comprehensive inventory of all existing towers and other
suitable structures within a one-mile radius from the point of the
proposed tower, unless the applicant can show to the satisfaction
of the Township that a different distance is more reasonable, and
shall demonstrate conclusively why an existing tower or other suitable
structure cannot be utilized.
C.
Time, place and manner. The Township shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all communications towers in the public street right-of-way based
on public safety, traffic management, physical burden on the public
street right-of-way, and related considerations. For public utilities,
the time, place and manner requirements shall be consistent with the
police powers of the Township and the requirements of the Public Utility
Code.
D.
Equipment location. Communications towers and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the public street right-of-way as determined by the Township.
In addition:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(2)
Ground-mounted equipment that cannot be installed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
(3)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
(4)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 30 business days
of notice of the existence of the graffiti.
(5)
Any underground vaults related to communications towers shall
be reviewed and approved by the Township.
E.
Design regulations.
(1)
The communications antennas and communications tower shall employ
the most current stealth technology available in an effort to appropriately
blend into the surrounding environment and minimize aesthetic impact.
The application of the stealth technology chosen by the applicant
shall be subject to the approval of the Township.
(2)
Any substantial change to an existing communications tower shall
require prior approval of the Township.
(3)
Any proposed communications tower shall be designed structurally,
electrically, and in all respects to accommodate both the applicant's
antennas and comparable antennas or future users, including antennas
for public safety needs by emergency responders.
(4)
The height of any communications tower shall not exceed 50 feet.
Any height extension to an existing communications tower shall require
an additional special exception. Guy wires are not permitted. Any
communications tower shall be self-supporting.
F.
Additional antennas. The applicant shall allow and encourage other
service providers to co-locate antennas on communications towers where
technically and economically feasible. The owner of a communications
tower shall not install any additional antennas without obtaining
the prior written approval of the Township.
G.
Relocation or removal of facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a communications tower and/or equipment in the public
street right-of-way shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any communications
tower and/or equipment when the Township, consistent with its police
powers and applicable Public Utility Commission regulations, shall
determine that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(1)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way.
(2)
The operations of the Township or other governmental entity
in the right-of-way.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An emergency as determined by the Township.
H.
Compensation for public street right-of-way use. Every communications
tower and/or communications equipment in the public street right-of-way
is subject to the Township's right to fix annually a fair and reasonable
compensation to be paid for use and occupancy of the public street
right-of-way. Such compensation for public street right-of-way use
shall be directly related to the Township's actual public street right-of-way
management costs, including, but not limited to, the costs of the
administration and performance of all reviewing, inspecting, permitting,
supervising and other public street right-of-way management activities
by the Township. The owner of each communications tower and/or communications
equipment shall pay an annual fee to the Township to compensate the
Township for the Township's costs incurred in connection with the
activities described above. The annual public street right-of-way
management fee for communications towers and/or communications equipment
shall be determined by the Township and authorized by resolution of
the Board of Supervisors and shall be based on the Township's actual
public street right-of-way management costs as applied to such communications
tower and/or communications equipment.
I.
The owner and/or lessee of any communication antennas, towers, and
equipment located within a public street right-of-way shall be required
to provide a certificate of insurance to the Township providing evidence
of liability insurance of not less than $1,000,000 and naming the
Township as an additional insured on the policy or policies of the
owner and/or lessee.
A.
Purpose. It is the intent of this section to promote desirable community
development by:
(1)
Maintaining a healthy residential environment with adequate
open space and recreational amenities;
(2)
Integrating open space within future development and in areas
that are of strategic importance to potential greenway corridors throughout
the Township;
(3)
Encouraging land use and development patterns which complement
and accentuate the distinctive features of the Township's landscapes
and natural environment, including prime agricultural soils, woodlands,
wetlands, stream corridors, steep slopes, and scenic views;
(4)
Directing growth to areas of the Township that are the most
appropriate for development;
(5)
Reducing infrastructure costs by minimizing the amount of infrastructure
required for future growth;
(6)
Providing an opportunity for flexibility in lot designs and
building arrangement not afforded by conventional lot-by-lot development;
(7)
Providing for a more varied, innovative, and efficient development
pattern; and
(8)
Promoting new development that is compatible with existing uses,
architecture, landscapes and community character.
B.
Eligibility.
(1)
Areas permitted. Open space development shall be permitted in
the Rural, R-1 and R-2 Residential Zoning Districts by conditional
use, where the applicant, to the satisfaction of the Board of Supervisors,
can demonstrate compliance with all design standards and criteria
of this section, as well as all other applicable provisions of this
chapter.
(2)
Minimum tract area required. A tract may be eligible for approval
for an open space development if it includes a minimum of 50 contiguous
acres in the Rural District or a minimum of 20 contiguous acres in
the R-1 Residential District, or a minimum or 15 contiguous acres
in the R-2 Residential District. If a tract is located in more than
one zoning district, it may be eligible for approval for an open space
development if the tract contains a minimum of 60 contiguous acres,
without regard to the area of the tract located within each zoning
district.
[Amended 9-12-2005 by Ord. No. 161-2005]
(a)
For the purposes of this article, the term "total area of the
tract" shall mean the total lot area, not including areas within the
existing and future rights-of-way of existing streets shown on previously
filed plans for the tract.
(3)
Water supply. Open space developments shall be served by a public water supply in accordance with the provisions of Chapter 200, Subdivision and Land Development. The applicant shall demonstrate, to the satisfaction of the Board of Supervisors, that an adequate water supply, storage, and distribution system exists for the intended residential and open space uses, including providing fire protection in accordance with DEP, ISO (Insurance Services Office) and West Donegal Township Authority standards. The Board of Supervisors may also require agreements and financial assurances to ensure proper long-term operation, maintenance, and ownership of the water system.
(4)
Sewage disposal. Open space developments shall be served by
the West Donegal Township Authority sewer system in accordance with
Authority standards.
(5)
Consistency with municipal planning program. The proposed development
shall be consistent with the goals and strategies of the West Donegal
Township Comprehensive Plan.
(6)
Plan processing. The tract of land to be developed shall be
in single ownership or, if in multiple ownership, shall be developed
according to a single plan with common authority and responsibility.
The applicant is strongly encouraged to submit a sketch plan to the
West Donegal Township Planning Commission and to discuss community
development and open space resource conservation objectives with the
Planning Commission prior to the preparation of a preliminary plan.
C.
General regulations.
(1)
(2)
Mix of residential dwelling types.
[Amended 9-12-2005 by Ord. No. 161-2005]
(a)
The following general standards shall govern the mix of dwelling
unit types within an open space development:
(b)
The remainder of the housing stock shall be left to the discretion of the applicant. Where a tract proposed for open space development is divided by a zoning district boundary, the mix of residential dwelling types shall be determined by applying the above percentages across the total area of the tracts without regard to the individual zoning districts. The Board of Supervisors may modify the requirements of this section upon the applicant demonstrating that the required housings types are not presently marketable. Upon granting a modification pursuant to § 240-106G, the required percent of the remaining housing types shall be adjusted proportionally.
D.
Area and bulk regulations.
(1)
Minimum restricted open space. The minimum restricted open space
shall not be less than 50% of the total area of the tract if located
in the Rural Zoning District; shall not be less than 30% of the total
area of the tract if located in the R-1 Residential Zoning District;
and shall not be less than 25% of the total area of the tract if located
in the R-2 Residential Zoning District. Designated restricted open
space shall comply with all standards and criteria for restricted
open space established in this section. When the total area of the
tract for a proposed open space development is located within two
different zoning districts, the amount of the required open space
shall be calculated by adding together the area required in each zoning
district and allocating the required open space over the total area
of the tract.
[Amended 9-12-2005 by Ord. No. 161-2005]
(2)
Permitted density calculation. The potential number of dwelling
units permitted for open space developments, the applicant shall be
based on the total area of the tract and the design standards of the
base zoning district.
(a)
In the Rural Zoning District the potential number of dwelling
units permitted for an open space development shall be equal to the
total area of the tract divided by 20,000 square feet (the minimum
required lot size in the district when both public water and sewer
service is provided).
(b)
In the R-1 Residential Zoning District the potential number
of dwelling units permitted for an open space development shall be
equal to the total area of the tract divided by 15,000 square feet
(the minimum required lot size in the district when both public water
and sewer service is provided).
(c)
In the R-2 Residential Zoning District the potential number
of dwelling units permitted for an open space development shall be
equal to the total area of the tract times four units per acre (both
public water and sewer service is required).
(3)
Residential area and bulk regulations.
(a)
The following lot area and width regulations shall apply to
any principal residential structure or any other building:
|
Dwelling Type
|
Minimum Lot Area
(R and R-1 Districts)
(square feet)
|
Minimum Lot Width
(R and R-1 Districts)
(feet)
| |
|---|---|---|---|
|
Single-family detached dwellings
|
10,000
|
70
| |
|
Single-family semidetached dwellings
|
5,000
|
40
| |
|
Single-family attached dwellings (townhouses)
|
3,000
|
24
| |
|
Other permitted uses
|
10,000
|
70
|
|
Dwelling Type
|
Minimum Lot Area
(R-2 Districts)
(square feet)
|
Minimum Lot Width
(R-2 Districts)
(feet)
| |
|---|---|---|---|
|
Single-family detached dwellings
|
7,500
|
60
| |
|
Single-family semidetached dwellings
|
4,000
|
35
| |
|
Single-family attached dwellings (townhouses)
|
2,000
|
20
| |
|
Other permitted uses
|
10,000
|
70
|
(b)
The minimum separation between principal structures at any point
shall be 20 feet, except that the minimum separation measured perpendicularly
from the rear wall of any dwelling to any point on any other building
not accessory to such residential structure shall be 50 feet.
(c)
Accessory structures shall be set back at least five feet from
any property line and shall be permitted only in rear yards.
(d)
No exterior windows, doors, or other openings shall be permitted
in any portion of any principal or accessory structure located less
than five feet from any lot line.
(e)
Where any portion of any principal or accessory structure is
located less than five feet from any lot line, a perpetual easement
providing for maintenance of such structure, and measuring no less
than five feet in width from the affected walls, shall be provided
on the adjacent lot(s). This provision shall not apply to lot lines
that separate two-family or multifamily dwelling units on the interior
of the same principal structure.
(f)
The minimum setback of principal buildings from the right-of-way shall not be less than 10 feet except as provided under Subsection F below.
(g)
All proposed dwelling units in an open space development shall
be situated so that they are set back a minimum distance from the
predevelopment perimeter boundary of the tract equal to the applicable
minimum yard dimension under the base zoning district provisions.
Existing dwellings and dwellings resulting from the conversion of
existing structures shall be exempt from this requirement except that
additions to such existing structures shall not further reduce required
setbacks.
(h)
The maximum length of any residential building, including rows
of single- family attached dwellings or buildings containing multiple-family
dwellings, shall not exceed 160 feet.
(i)
The maximum building heights for principal and accessory structures
shall be the same as stated in the base zoning district.
(j)
The maximum lot coverage (including all impervious surfaces)
for all residential lots and all restricted open space parcels shall
be as follows:
[Amended 5-5-2008 by Ord. No. 180-2008]
|
Use
|
R-District
|
R-1 District
|
R-2 District
| |
|---|---|---|---|---|
|
Single-family detached dwellings
|
50%
|
55%
|
50%
| |
|
Single-family semidetached dwellings.
|
50%
|
50%
|
60%
| |
|
Single family attached dwellings (townhouses)
|
Interior lots: 90%; end lots: 67%
|
Interior lots: 90%; end lots: 67%
|
Interior lots: 90%; end lots: 67%
| |
|
Open space uses
|
35%
|
30%
|
30%
|
(k)
Flag lots may be utilized where appropriate, however, no more
than 10% of the total number of lots may be designed as flag lots
and each flag lot shall have a minimum area of 10,000 square feet.
(l)
No dwelling units within the open space development shall have
direct driveway access to surrounding existing Township or state roads.
All driveways shall access internal street systems as designed for
the project.
(m)
All open space developments with single-family attached dwellings
(townhouses) shall include off-street common parking areas.
(n)
Where adjacent curb cuts accessing separate residential properties
are separated by less than 25 feet, one additional off-street parking
space shall be provided on each property that abuts the curb cut or
in an off-street common parking area.
E.
Conservation and development design standards.
(1)
General development standards.
(a)
Except where this section specifies otherwise, all design and
performance standards and other regulations applicable in the base
zoning district shall apply to any open space development.
(b)
The placement of buildings and design of internal circulation
systems shall minimize the number of intersections and traffic on
Township and state roads.
(c)
The applicant shall demonstrate compliance with applicable state
and/or federal regulation of streams and wetlands. For any proposed
activity requiring the submission of a wetland delineation report,
stream or wetland encroachment permit or mitigation plan to DEP and/or
US Army Corps of Engineers or successive agencies, a copy of all such
documentation shall be submitted to West Donegal Township by the applicant.
(2)
Architectural design. It is not the intention of the Township
to govern specific architectural design or to link approval to any
specific architectural design criteria. Open space developments proposing
residential buildings other than single-family detached and two-family
dwellings shall comply with the following:
(a)
The applicant shall provide drawings illustrating the general
character of the intended exterior design of all principal structures.
(b)
Where the Board determines that the architectural design as
presented by the applicant is an essential means by which the proposed
development complies with the objectives of this section, the Board
may require, as a condition of approval, the establishment of appropriate
means to guarantee general adherence to the intended architectural
character.
(3)
Special provisions for conservation of historic resources. Historic
resources shall be preserved to the greatest degree practicable, through
incorporation into development plans and design, including historic
structures, ruins or sites, historic road or other transport traces,
paths and trails, and any other historic landscape features. Applicants
are encouraged to contact the Historic Preservation Trust of Lancaster
County for information regarding historic resources.
F.
Open space designation and management standards.
(1)
General standards for open space designation.
(a)
Areas designated as restricted open space shall be consistent
with the goals and strategies of the West Donegal Township Comprehensive
Plan. The location and layout of restricted open space shall be configured
so as to serve residents adequately and conveniently and to promote
the conservation of the following resources to the greatest extent
practicable.
[1]
Any area designated for conservation/open space on the Future
Land Use Map in the West Donegal Township Comprehensive Plan or recreation
area on the West Donegal Township Official Map;
[2]
Prime agricultural soils;
[3]
Scenic views from public roads and neighboring residential properties;
[4]
Mature trees and woodland tree masses, hedgerows, native flowering
trees and shrubs, fence rows, rock outcroppings, steep slopes (in
excess of 25%) and other noted landscape features;
[5]
Lands adjoining and within 150 feet of any historic structure
listed on the National Register of Historic Places.
(b)
No more than 25% of the required restricted open space shall
be comprised of the floodplain conservation district, wetlands, and
slopes in excess of 25%.
(c)
The calculation of the minimum required restricted open space
area shall not include the following areas:
[1]
Areas within 25 feet of any structure except structures devoted
to permitted open space uses;
[2]
Areas extending less than 100 feet in the narrowest dimension
at any point;
[3]
Areas comprising stormwater management facilities.
[a]
At the discretion of the Board of Supervisors,
areas devoted to stormwater management facilities may be included
within the minimum required restricted open space area where the applicant
can demonstrate to the satisfaction of the Board that such facilities
are designed to:
[b]
For example, a long low berm graded to reflect
natural contour could be designed to blend into the scenic landscape;
permit passive recreational use over the top of it; while providing
a relatively large linear area for seepage of stormwater into the
groundwater system.
(d)
Subject to the provisions of the measurement of the minimum
required open space stipulated herein, sewage service, stormwater
management, and/or water supply facilities may be located entirely
or partially within restricted open space areas. Where such facilities
are so located, maintenance agreements and easements satisfactory
to the Board of Supervisors shall be established to require and enable
maintenance of such facilities by the appropriate parties.
(e)
Areas designated for open space purposes may be used for any
of the following:
[Amended 5-5-2008 by Ord. No. 180-2008]
[1]
Woodland, meadow, wetland, wildlife habitat, game preserve or
similar conservation-oriented area.
[2]
Public, common or private park or outdoor recreation area. Such
outdoor recreation can include amenities and improvements such as
swimming pools, tennis courts, basketball courts, baseball fields,
and similar outdoor recreation facilities.
[3]
A community center building which shall not exceed 10,000 square feet. A community center building may contain facilities which are designed to serve only the residents of the open space development. Such facilities may include meeting rooms, fitness center, library, kitchen and dining facilities. The facilities in the community center building shall not be made available to nonresidents other than as guests of residents. A community center building may also include retail services if such retail services meet all requirements of § 240-106H; provided, however, the area of the community center building devoted to retail services and the area of off-street parking required for such retail services shall not be counted toward the amount of open space provided within the open space development.
[4]
Community vegetable garden plots for residents of the open space
development; provided, however, that no garden plot shall be located
within 25 feet of any property line of the open space development
tract.
[5]
Parking for the exclusive use of individuals using recreation
areas within the required open space where deemed appropriate by the
Board of Supervisors.
(f)
Open space shall be interconnected with open space areas on
abutting parcels wherever possible, including, where appropriate,
provisions for pedestrian pathways for general public use to create
linked systems within the Township.
(g)
Where deemed appropriate by the Board of Supervisors, open space
areas shall be provided with sufficient perimeter parking, and with
safe and convenient access by adjoining street frontage or other right-of-way
or easement capable of accommodating pedestrian, bicycle, and maintenance
and vehicle traffic, and containing appropriate access improvements.
(h)
Where open space development is planned to occur in two or more
development phases, a proportionate amount of designated restricted
open space and required parking shall be permanently recorded with
each phase or, in the alternative, initial or earlier phases may provide
and permanently record more designated restricted open space than
is proportionate.
[Amended 9-12-2005 by Ord. No. 161-2005]
(2)
Standards for ownership of restricted open space. Except to
provide for permitted open space uses, designated open space shall
be restricted from further subdivision and land development by deed
restriction, conservation easement, or other agreement in a form acceptable
to the Township and duly recorded in the office of the Recorder of
Deeds of Lancaster County. Subject to such permanent restrictions,
restricted open space land in any open space development may be owned
by a homeowners' association, the Township, a land trust or other
conservation organization recognized by the Township.
(a)
Offer of dedication.
[1]
The Township may, but shall not be required, to accept dedication
in the form of fee simple ownership of restricted open space land
provided:
[2]
Where the Township accepts dedication of restricted open space
land that contains improvements, the Board of Supervisors may require
the posting of financial security to ensure structural integrity of
said improvements as well as the functioning of said improvements
for a term not to exceed 18 months from the date of acceptance of
dedication. The amount of financial security shall not exceed 15%
of the actual cost of installation of said improvements.
(b)
Homeowners' association. The restricted open space land and
associated facilities may be held in common ownership by a homeowners'
association. The association shall be formed and operated under the
following provisions.
[1]
The developer shall provide a description of the association,
including its bylaws and methods for maintaining the open space.
[2]
The association shall be organized by the developer and operating
with financial subsidization by the developer, before the sale of
any lots within the development.
[3]
Membership in the association is mandatory for all purchasers
of homes therein and their successors. The conditions and timing of
transferring control of the association from the developer to the
homeowners shall be identified.
[4]
The association shall be responsible for maintenance and insurance
on common open space land, enforceable by liens placed by the homeowners'
association. Maintenance obligations also may be enforced by the Township,
which may place liens to recover its costs. Any governmental body
with jurisdiction in the area where the development is located may
place liens on the owners of the open space to collect unpaid taxes.
[5]
The members of the association shall share equitably the costs
of maintaining and developing such common land. Shares shall be defined
within the association bylaws. Association dues shall be structured
to provide for both annual operating costs and to cover projected
long-range costs relating to the repair of any capital facilities
(which shall be deposited in a sinking fund reserved for just such
purposes).
[6]
In the event of a proposed transfer, within the methods here
permitted, of common open space land by the homeowners' association,
or of the assumption of maintenance of such land by the Township,
notice of such action shall be given to all property owners within
the development.
[7]
The association shall have or hire adequate staff to administer
common facilities and properly and continually maintain the common
open space land.
[8]
The homeowners' association may lease open space lands to any
other qualified person or corporation for operation and maintenance
of such lands, but such a lease agreement shall provide:
[a]
That the residents of the development shall at
all times have access to the open space lands contained therein;
[b]
That the common open space land to be leased shall
be maintained for the purposes set forth in this chapter; and
[c]
That the operation of open space facilities may
be for the benefit of the residents only, or may be open to the residents
of the Township, at the election of the developer and/or homeowners'
association, as the case may be.
[9]
The lease shall be subject to the approval of the Board and
any transfer or assignment of the lease shall be further subject to
the approval of the Board. Lease agreements so entered upon shall
be recorded with the Recorder of Deeds of Lancaster County within
30 days of their execution and a copy of the recorded lease shall
be filed with the Township Zoning Officer.
[10]
Homeowners' association documentation demonstrating
compliance with the provisions herein shall be filed with the final
subdivision and land development plans. At the time of preliminary
plan submission, the applicant shall provide draft homeowners' association
documentation with sufficient detail to demonstrate feasible compliance
with this section.
(c)
Condominiums. The restricted open space land and associated facilities may be held in common through the use of condominium agreement(s), approved by the Board of Supervisors. Such agreement shall be in conformance with the Uniform Condominium Act of 1980. All common open space land shall be held as common elements or limited common elements. To the degree applicable, condominium agreement(s) shall comply with the provisions of Subsection F(2)(b) above, set forth for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate feasible compliance with this section.
(d)
Dedication of easements. The Township may, but shall not be
required to, accept easements for public use of any portion or portions
or restricted open space land. The title of such land shall remain
in common ownership by a condominium or homeowners' association, provided:
[1]
Such land is accessible to Township residents;
[2]
There is no cost of acquisition other than any costs incidental
to the transfer of ownership, such as title insurance; and
[3]
A satisfactory maintenance agreement is reached between the
developer, condominium or homeowners' association and the Township.
(e)
Transfer of easements to a private conservation organization.
With the permission of the Township, an owner may transfer easements
to a private, nonprofit, organization recognized by the Township,
among whose purpose it is to conserve open space and/or natural resources,
provided that:
[1]
The organization is acceptable to the Board of Supervisors,
and is a bona fide conservation organization with perpetual existence;
[2]
The conveyance contains appropriate provision for proper reverter
or transfer in the event that organization becomes unwilling or unable
to continue carrying out its functions; and
[3]
A maintenance agreement acceptable to the Board of Supervisors
is entered into by the developer and the organization.
(3)
Required open space management plan.
(a)
All open space development plans shall be accompanied by a conceptual
plan for the long-term management of the restricted open space that
is to be created as part of the development. Such plan shall include
a discussion of: 1) the manner in which the restricted open space
will be owned and by whom it will be managed and maintained; 2) the
conservation, land management and agricultural techniques and practices
which will be used to maintain and manage the open space in accordance
with conservation plan(s) approved by the Lancaster County Conservation
District, where applicable; 3) the professional and personnel resources
that will be necessary in order to maintain and manage the property;
4) the nature of public or private access that is planned for the
restricted open space; and 5) the source of money that will be available
for such management, preservation and maintenance on a perpetual basis.
The adequacy and feasibility of this conceptual management plan as
well as its compatibility with the open space resource protection
objectives stated in this section shall be factors in the approval
or denial of the open space development plan by the Board of Supervisors.
(b)
The conceptual management plan shall be transformed into a more
detailed open space management plan and presented to the Township
for review and approval with the preliminary subdivision and land
development plan. The Board of Supervisors may require that the management
plan be recorded, with the final subdivision and land development
plans, in the office of the Recorder of Deeds of Lancaster County.
In order to allow for the changing needs inherent in the perpetual
management of land, the management plan shall contain a provision
to the effect that it may be changed by written application to the
Board of Supervisors, so long as the proposed change is feasible and
consistent with the purposes of preservation of open space set forth
in this section and so long as the plan for such change avoids a likelihood
of the obligation of management and maintenance of the land falling
upon the Township without the consent of the Board of Supervisors.
The Board's approval of such application shall not be unreasonably
withheld or delayed.
(4)
Open space performance bond.
(a)
All landscape improvements, plantings, access points, and recreational facilities within designated open space areas shall be provided by the developer as applicable. A performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under the Chapter 200, Subdivision and Land Development.
(b)
An appropriate portion of the performance bond or other security
will be applied by the Township should the developer fail to install
the planting or recreational facilities.
G.
Modification of standards. The Board of Supervisors may, by conditional use approval, permit the modification of the design standards in order to encourage the use of innovative design. An applicant desiring to obtain such conditional use approval shall, when making application for conditional use approval for an open space development using the open space design option, also make application for conditional use approval under this § 240-106G. The Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of the design standards shall be subject to the following standards:
[Amended 9-12-2005 by Ord. No. 161-2005]
(1)
Such modifications of design standards better serve the intended purposes and goals of the open space design option as expressed in § 240-106A.
(2)
Such modifications of design standards would not result in adverse
impact to adjoining properties, nor future inhabitants within the
open space development.
(3)
Such modifications will not result in a decrease in open space for the total area of the tract below that required in § 240-106D for the open space development.
(4)
Such modifications will not result in an increase in residential densities permitted for the open space development, provided, however, that if the total area of a tract is divided by a zoning line, densities may be allocated across the entire area of the tract in order to allow the intent of this § 240-106 to be carried into effect.
H.
Retail uses to serve open space development. An open space development
which contains 250 or more dwelling units may include one or more
retail facilities to serve residents of the open space development.
All retail facilities shall meet all of the following regulations:
[Added 5-5-2008 by Ord. No. 180-2008]
(1)
The total maximum floor area of retail space shall be 3,500
square feet of floor area of space. This maximum floor area shall
be cumulative and, if there is more than one retail use, shall be
divided among the retail uses.
(2)
The architectural design of the building or buildings containing
retail uses shall be consistent with the design of the surrounding
residential structures. The applicant shall present architectural
sketches of any proposed building to contain retail uses as a part
of the conditional use application.
(3)
All retail uses shall provide access to the pedestrian pathways
serving the open space development. Access may be provided by extension
of the pedestrian pathway or sidewalk.
(4)
All retail uses shall provide bicycle racks to promote nonvehicular
access.
(6)
The maximum lot coverage for a lot containing retail uses shall
be 60%. The building(s) containing the retail uses shall be set back
at least 40 feet from all property lines, from the center line of
any adjacent street, and from all residential buildings. Off-street
parking facilities for any retail uses shall be located at least 10
feet from all property lines and from all residential buildings.
(7)
No sales of gasoline or other motor vehicle fuels shall be permitted.
(8)
No drive-through facilities shall be permitted.
I.
Community center building to serve open space development which shall
meet all of the following requirements:
[Added 5-5-2008 by Ord. No. 180-2008]
(1)
One community center building which shall not exceed 10,000
square feet may be included as part of an open space development.
(2)
A community center building may contain facilities which are designed to serve only the residents of the open space development. Such facilities may include meeting rooms, fitness center, library, kitchen, dining facilities, and similar facilities, and retail services if such retail services meet all requirements of § 240-106H.
(3)
The facilities in the community center building shall not be
made available to nonresidents other than as guests of residents.
(4)
The applicant shall demonstrate that there is adequate off-street parking provided for the community center building complying with Article XVI.
(5)
The community center building shall provide sidewalk access
to the pedestrian pathways serving the open space development. Access
may be provided by extension of the pedestrian pathways or sidewalks.
(6)
The community center building shall provide bicycle racks to
promote nonvehicular access.
(7)
The community center building and the associated off-street
parking shall not be included in the required open space calculation.
If the community center building is located on the same lot as open
space, the applicant shall separately calculate the area of the lot
used for the community center building and associated parking.
(8)
The applicant shall provide the Board of Supervisors with a
plan for the ownership and long-term operation and maintenance of
the community center.
(9)
The applicant may initially use the community center building
as a sales office. If the applicant uses the community center building
as a sales office, the applicant shall insure that not less than 50%
of the floor area of the community center building shall be converted
to authorized community center facilities upon the sale of 30% of
the dwelling units in the open space development. The applicant shall
further insure that not less than 75% of the floor area of the community
center building is converted to authorized community center facilities
upon the sale of 75% of the dwelling units in the open space development.
Upon the initial sale of 100% of the dwelling units the sales office
may be converted into a permanent management office not to exceed
1,000 square feet or shall be removed in its entirety as a sales office.
A.
In regard to those uses that are subject to industrial performance
standards procedure, the following requirements shall also apply:
(1)
An application for a zoning permit or a certificate of occupancy
for a use subject to performance standards procedure shall include
a plan of the proposed construction and a description of the proposed
machinery, operations and products, and specifications of the mechanisms
and techniques to be used in restricting the emission of any dangerous
and objectionable elements listed in this section. The applicant shall
also file with such plans and specifications an affidavit acknowledging
his understanding of the applicable performance standards and stating
his agreement to conform with same at all times. No applicant will
be required to reveal any secret processes, and any information submitted
will be treated as confidential except as otherwise provided by law.
The Township may employ qualified experts to review such plan, description
and specifications at the cost of the applicant.
(2)
If, in the opinion of the Zoning Officer, a proposed use would
create a fire hazard, emit smoke, odor, or dust, or would produce
other results which would be obnoxious or detrimental to other properties,
he/she shall refer the proposed use to the Zoning Hearing Board for
approval as a special exception. The Zoning Hearing Board shall determine
if any of these conditions would be created, and in such event the
Zoning Hearing Board shall require assurances, by means of special
design of the structure, or processing procedures or equipment, that
the detrimental conditions will be eliminated. Upon submittal of these
assurances, the Zoning Hearing Board shall direct the Zoning Officer
to issue a permit for the proposed use. The Zoning Officer may require
the posting of a sufficient bond, with corporate surety, or such other
assurances that he/she may deem satisfactory to guarantee that such
conditions will not be created, or if created will be eliminated.
(3)
Any normal replacement or addition of equipment and machinery
not affecting the operations or the degree or nature of dangerous
and objectionable elements emitted shall not be considered a change
in use.
(4)
After occupancy, if there occurs continuous or frequent, even
though intermittent, violations of the performance standards and other
provisions for a period of five days, without bona fide and immediate
corrective work, the Zoning Officer shall suspend or revoke the occupancy
permit of the use, and the operation shall immediately cease until
it is able to operate in accordance with these regulations at which
time the occupancy permit shall be reinstated.
B.
Legislative intent.
(1)
The Board of Supervisors desires to provide standards for the
operation of industrial uses within the Township in order to protect
the health, safety and welfare of Township residents, workers at such
establishments, and visitors to the Township. Public health and safety
shall be maintained through control of noise, vibrations, dust and
particulate emissions, sulfur oxides, smoke, odor, toxic matter, detonable
materials, fire hazards, glare, heat, radioactive radiation, liquid
or solid wastes, and electromagnetic radiation. These items can cause
a serious danger to the public health and safety if they are not properly
handled and limited. For example, excessive noise has been demonstrated
to cause hearing loss, and air pollution has been proven to exacerbate
respiratory difficulties. The dangers of fire are well known, and
the control of substances which create a risk of fire is necessary.
(2)
The Board of Supervisors also seeks to protect the public health
and safety by imposing traffic and access control and landscaping
and screening requirements. Traffic and access controls will lessen
the possibility of vehicular accidents. Landscaping and screening
will provide a barrier to the use and discourage trespassing. The
limitation of outdoor storage serves a similar purpose.
(3)
The Board of Supervisors also seeks to protect the public through
the requirement of a plan of access in the event of emergency conditions.
This will allow police, fire fighters and rescue personnel to gain
access to the premises in an efficient and safe manner in times of
emergency.
C.
Enforcement.
(1)
The industrial performance standards contained in this section shall be the minimum standards to be met and maintained by all industrial uses within the Township. "Industrial uses" shall be defined as those uses, regardless of location, which are specified as permitted uses or uses by special exception in any of the industrial districts established by this chapter, including uses of a similar nature not specifically identified in this chapter but which would be permitted in General Industrial District pursuant to Article XV herein.
[Amended 12-21-2015 by Ord. No. 221-2015]
(2)
Industrial uses existing within the Township on the effective
date of this section which do not currently meet and maintain the
standards contained herein shall bring their operations into compliance
within six months from the effective date of this section. It shall
be the responsibility of the owner and/or operator of the industrial
use to determine if the industrial use meets and maintains the standards
set forth in this section.
D.
Storage.
[Amended 12-21-2015 by Ord. No. 221-2015]
(1)
In the General Industrial District, any use is permitted either
indoors or outdoors but in compliance with the applicable performance
standards.
(2)
In the General Industrial District, all business, servicing,
manufacturing or processing within 500 feet of a residential district
boundary shall be conducted within completely enclosed buildings.
All storage in a General Industrial District within 500 feet of a
residential district boundary may be outdoors but shall be effectively
screened by a solid wall, fence, or planting so that the materials
shall not be visible from the residential district.
E.
Certification. All applications for industrial uses must be accompanied
by a certification from a registered professional engineer in the
Commonwealth of Pennsylvania that the proposed use can meet the performance
standards of the appropriate district. Further, the Zoning Officer
may employ consultants to evaluate the environmental effects with
respect to performance standards.
F.
Noise.
(1)
Noise shall be measured with a sound level meter having an A-weighted
filter constructed in accordance with specifications of the American
National Standards Institute (ANSI). Measurements are to be made at
any point in Residential or General Commercial Districts as indicated
in Table 1 following.
[Amended 12-21-2015 by Ord. No. 221-2015]
(2)
Impact noise shall be measured using the fast response of the
sound level meter. Impact noises are intermittent sounds such as from
a punch press or drop forge hammer. Measurements are to be made at
any point in Residential or General Commercial Districts as indicated
in Table 1.
[Amended 12-21-2015 by Ord. No. 221-2015]
(3)
Between the hours of 7:00 p.m. and 7:00 a.m. the permissible
sound levels in a Residential District shall be reduced by five decibels
for impact noises.
(4)
The following sources of noise are exempt:
(5)
The following Table 1 describes the maximum sound pressure level
permitted from any industrial source and measured in any adjacent
Residential, General Commercial or Institutional District. All industrial
operations shall be limited by the following standards:
[Amended 12-21-2015 by Ord. No. 221-2015]
|
Table 1
Maximum Sound Pressure Level in Decibels: 0.002 Dynes
Per Square Centimeter
| |||
|---|---|---|---|
|
Octave Band in Cycles Per Second
|
7:00 a.m. to 7:00 p.m.
|
7:00 p.m. to 7:00 a.m.
| |
|
0 to 75
|
74
|
69
| |
|
75 to 150
|
59
|
54
| |
|
300 to 600
|
46
|
41
| |
|
600 to 1,200
|
42
|
37
| |
|
1,200 to 2,400
|
39
|
34
| |
|
2,400 to 4,800
|
36
|
31
| |
|
Above to 4,800
|
33
|
28
| |
(a)
For any noise of an impulsive or periodic character the permissible
limits for each octave band shall be reduced by five decibels.
(b)
Sound levels shall be measured at the lot line with a sound
level meter and associated octave band filter manufactured according
to standards prescribed by the American National Standards Institute.
G.
Vibration.
(1)
Vibration shall be measured at or beyond any adjacent lot line
or Residential District line as indicated below and such measurements
shall not exceed the particle velocities so designated. The instrument
used for these measurements shall be a three component measuring system
capable of simultaneous measurement of vibration in three mutually
perpendicular directions.
(2)
The maximum vibration is given as particular velocity, which
may be measured directly with suitable instrumentation or computed
on the basis of displacement and frequency. When computed, the following
formula shall be used:
|
P.V. = 6.28F x D
| ||||
|---|---|---|---|---|
|
Where:
| ||||
|
P.V.
|
=
|
Particle velocity, inches per second
| ||
|
F
|
=
|
Vibration frequency, cycles per second
| ||
|
D
|
=
|
Single amplitude displacement of the vibration, inches
| ||
(a)
Table 2 designates the applicable columns of Table 3 that apply
on or beyond adjacent lot lines within the zoning district, and on
or beyond appropriate district boundaries. Vibration shall not exceed
the maximum permitted particle velocities in Table 3. Where more than
one set of vibration levels apply, the most restrictive shall govern.
Readings may be made at points of maximum vibration intensity.
[Amended 12-21-2015 by Ord. No. 221-2015]
|
Table 2
| ||||
|---|---|---|---|---|
|
Adjacent Lot Line
|
General Commercial District Boundaries
|
Residential District Boundary
| ||
|
|
General Industrial Zoning District
|
C
|
B
|
A
|
(b)
The maximum peak particle velocities that correspond to the
above designations are as follows:
|
Table 3
Maximum Peak Particle Velocity
(inches per second)
| ||||
|---|---|---|---|---|
|
Vibration
|
A
|
B
|
C
| |
|
Steady state
|
0.02
|
0.05
|
0.10
| |
|
Impact
|
0.04
|
0.10
|
0.20
| |
(3)
The maximum particle velocity shall be the maximum vector sum
of three mutually perpendicular components recorded simultaneously.
Particle velocity in inches multiplied by the frequency in cycles
per second.
(4)
For purposes of this chapter "steady-state vibrations" are vibrations,
which are continuous, or vibrations in discrete impulses more frequent
than 60 per minute. Discrete impulses, which do not exceed 60 per
minute, shall be considered "impact vibrations."
(5)
Between the hours of 7:00 p.m. and 7:00 a.m. all of the permissible
vibration levels indicated in the previous table for Residential District
boundaries (Column A) shall be reduced to 1/2 of the indicated values.
H.
Dust and particles.
(1)
The total emission rate of dust and particulate matter from
all vents, stacks, chimneys, flues or other opening or any process,
operation, or activity within the boundaries of any lot, shall not
exceed the levels set forth below. Emissions of dust and particulates
shall be in accordance with the Commonwealth of Pennsylvania Rules
and Regulations governing air contamination and air pollution, and,
in case of conflict, the most restrictive shall apply.
(2)
The emission rate of particulate matter in pounds per hour from
any single stack shall be determined by selecting a continuous four-hour
period which will result in the highest average emission rate.
(3)
Particulate matter emission from materials or products subject
to becoming windborne shall be kept to a minimum by paving, oiling,
wetting, covering or other means, such as to render the surface wind
resistant. Such sources include vacant lots, unpaved roads, yards
and storage piles of bulk material such as coal, sand, cinders, slag,
sulfur, etc.
(4)
In the General Industrial District, the maximum emission rate
of particulate matter from all stacks shall be 3.0 pounds per hour
per acre of lot area.
[Amended 12-21-2015 by Ord. No. 221-2015]
I.
Sulfur oxides.
(1)
Emission of oxides of sulfur (as sulfur dioxide) from combustion
and other process shall be limited in accordance with the requirement
of each district. The oxides of sulfur may be computed from the sulfur
analysis in the fuel or from known test data of sulfur oxides emission.
(2)
In the General Industrial District, the maximum emission rate
of sulfur oxides from all stacks shall be 1.5 pounds per hour per
acre of lot area.
[Amended 12-21-2015 by Ord. No. 221-2015]
J.
Smoke.
(1)
For the purpose of grading the density or equivalent opacity
of smoke, the Ringelmann Chart as published by the United States Bureau
of Mines shall be used. However, the Umbrascope readings of smoke
may be used when correlated with Ringelmann's Chart.
(2)
In the General Industrial District, the emission of smoke darker
than Ringelmann No. 1 from any chimney, stack, vent, opening, or combustion
process, is prohibited; however, smoke of a shade not to exceed Ringelmann
No. 3 is permitted for up to three minutes total in any one eight-hour
period.
[Amended 12-21-2015 by Ord. No. 221-2015]
K.
Odor.
(1)
Odor thresholds shall be measured in accordance with ASTM d1391-57
"Standard Method for Measurement of Odor in Atmospheres (Dilution
Method)" or its equivalent.
(2)
In the General Industrial District, odorous materials released
from any operation or activity shall not exceed the odor threshold
concentration at or beyond the district boundary line measured either
at ground level or habitable elevation.
[Amended 12-21-2015 by Ord. No. 221-2015]
L.
Toxic matter.
(1)
The ambient air quality standards for the Commonwealth of Pennsylvania
shall be the guide to the release of airborne toxic materials across
lot lines. Where toxic materials are not listed in the ambient air
quality standards of the Commonwealth of Pennsylvania, the release
of such materials shall be in accordance with the tractional quantities
permitted below of those toxic materials currently listed in the Threshold
Limit Values adopted by the American Conference of Governmental Industrial
Hygienists. Unless otherwise stated, the measurement of toxic matter
shall be at ground level or habitable elevation, and shall be the
average of any twenty-four-hour sampling period.
(2)
In the General Industrial District, the release of airborne
toxic matter shall not exceed 1/30 of the threshold limit value beyond
the district boundary line.
[Amended 12-21-2015 by Ord. No. 221-2015]
M.
Detonable materials.
(1)
Activities involving the storage, utilization or manufacture
of products, which decompose by detonation, shall be in accordance
with the regulations of each General Industrial District.
[Amended 12-21-2015 by Ord. No. 221-2015]
(2)
Such materials shall include but are not limited to: all primary
explosives such as lead azide, lead styphnate, fulminates and tetracene;
all high explosives such as TNT, RDX, HMX, PETN, and picric acid;
propellants and components thereof, such as dry nitrocellulose, black
powder, boron hydrides, hydrazine and its derivatives; pyrotechnics
and fireworks such as magnesium powder, potassium chlorate and potassium
nitrate; blasting explosives such as dynamite and nitroglycerine;
unstable oxidizing agents such as perchloric acid, perchlorates, and
hydrogen peroxide in concentration greater than 35%; and nuclear fuels,
fissionable materials and products, and reactor elements such as Uranium
235 and Plutonium 239.
(3)
In the General Industrial District, the storage, utilization
or manufacture of materials or products which decompose by detonation
is limited to five pounds. Quantities in excess of five pounds of
such materials may be stored or utilized but not manufactured.
[Amended 12-21-2015 by Ord. No. 221-2015]
N.
Fire hazard: solids. In the General Industrial District, the storage,
utilization or manufacture of solid materials which are active to
intense burning shall be conducted within walls having a fire resistance
no less than two hours or protected by an automatic fire extinguishing
system or the building wall shall be no less than 50 feet from all
lot lines. The outdoor storage of such materials shall be permitted
no closer than 100 feet from all lot lines.
[Amended 12-21-2015 by Ord. No. 221-2015]
O.
Fire hazard: liquids and gases.
(1)
The storage, utilization or manufacture of flammable liquids
or gases which produce flammable or explosive vapors shall be permitted
only in accordance with this section, exclusive of the storage of
finished products in original sealed containers (60 gallons or less),
which shall be unrestricted.
(2)
The total storage capacity of flammable liquids and gases shall
not exceed those quantities permitted in Table 4.
|
Table 4
Storage Capacity of Flammable Liquids and Gases
| ||||
|---|---|---|---|---|
|
Liquids
|
Gases
| |||
|
Above ground flash point, ° F.
|
Above ground
| |||
|
Less than 70°
|
70° to 200°
| |||
|
10,000 gallons
|
40,000 gallons
|
300,000 SCF
| ||
|
Below ground flash point, ° F.
|
Below ground
| |||
|
20,000 gallons
|
80,000 gallons
|
600,000 SCF
| ||
|
* SCF — Standard Cubic Feet at 60° F. and 29.92 inches
Hg.
| ||||
P.
Heat. For the purposes 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° F.; 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.
Q.
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 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 Nuclear Regulatory Commission as set forth in Title 10, Chapter
One, Part 20, Standards for Protection Against Radiation, as amended;
and all applicable regulations of the Commonwealth of Pennsylvania.
R.
Electromagnetic radiation. 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. 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: 1) American Institute
of Electrical Engineers; 2) Institute of Radio Engineers; and 3) Electronic
Industries Association.
S.
Emergency plan of access.
(1)
A written plan of access must be provided by the owner in the
event of emergency conditions, such as fire, assuming the worst condition.
All existing uses shall have 12 months to comply with this requirement.
(2)
The owner's plan of action for emergency access to the building
shall be submitted to the Township at the time of submission for a
permit.
T.
General standards. All industrial uses shall produce no electromagnetic
radiation or radioactive emission injurious to human beings, animals,
or vegetation. Electromagnetic radiation or radioactive emissions
shall not be of an intensity that interferes with the use of any other
property.
[Amended 3-13-2023 by Ord. No. 252-2023]
In accordance with state law, forestry uses are permitted, by
right, in every zoning district. The provisions of this section apply
to forestry involving more than two acres of land in any calendar
year, with the exception to routine thinning of woods, cutting of
trees for personal firewood for the landowner, Christmas tree farms,
orchards, tree nurseries, forestry on state or federally owned land,
or tree removal that is necessary for safety, to develop approved
permitted uses or utilities, or for soil testing purposes. All other
forestry activities shall be subject to the following standards:
A.
Logging plan requirements. Every landowner on whose land timber harvesting
is to occur shall obtain a zoning permit, as required by this chapter.
In addition to the zoning permit requirements listed in this chapter,
the applicant shall prepare and submit a written logging plan in the
form specified below. No timber harvesting shall occur until a zoning
permit has been issued. The provisions of the permit shall be followed
throughout the operation. The logging plan shall be available at the
harvest site at all times during forestry operations and shall be
provided to the Zoning Officer upon request. The landowner and the
operator shall be jointly and severally responsible for complying
with the terms of the logging plan and the zoning permit.
(1)
Minimum requirements. At a minimum, the logging plan shall include
the following:
(a)
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails, and landings.
(b)
Design, construction and maintenance of water control measures
and structures, such as culverts, broad-based dips, filter strips,
and water bars.
(c)
Design, construction and maintenance of stream and wetland crossings.
(d)
The general location of the proposed operation in relation to
municipal and state streets, including any accesses to those streets.
(e)
Justification for any clear-cutting of mature forests involving
more than five acres.
(2)
Map. Each logging plan shall include a sketch map or drawing
containing the following information:
(a)
Site location and boundaries, including both the boundaries
of the property on which the timber harvest will take place, and the
boundaries of the proposed harvest area within that property.
(b)
Significant topographic features related to potential environmental
problems.
(c)
Location of all earth disturbance activities, such as roads,
landings and water control measures and structures.
(d)
Location of all crossings of waters of the commonwealth.
(e)
The general location of the proposed operation to municipal
and state streets, including any accesses to those streets.
(3)
Compliance with state law. The logging plan shall address and
comply with the requirements of all applicable state regulations,
including, but not limited to, the following:
(a)
Erosion and sedimentation control regulations contained in 25
Pa. Code Chapter 102, promulgated pursuant to the Clean Streams Law,
35 P.S. § 691.1 et seq.
(b)
Stream crossing and wetlands protection regulations contained
in 25 Pa. Code Chapter 105, promulgated pursuant to the Dam Safety
and Encroachments Act, 32 P.S. § 693.1 et seq.
(4)
Relationship of State Laws, Regulations and Permits to the Logging Plan. Any permits required by state laws and regulations shall be attached to, and become part of, the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pa. Code Chapter 102 shall also satisfy the requirements for the logging plan and associated map specified in § 240-108A(1) and (2), provided that all information required by these sections is included or attached.
B.
Required forest practices. The following requirements shall apply
to all timber harvesting operations:
(1)
Felling or skidding on, or across, any public street is prohibited
without the express written consent of the Township, or the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of the roadway.
(2)
No treetops or slash shall be left within 25 feet of the right-of-way
of any public street or private roadway providing access to adjoining
residential property.
(3)
No treetops or slash shall be left on the banks or between the
banks of a perennial waterway or within the channel of an intermittent
waterway.
(4)
All treetops and slash between 25 feet and 50 feet from the
right-of-way of a public street, or private roadway providing access
to adjoining residential property, or within 50 feet of adjoining
residential property, shall be lopped to a maximum height of four
feet above the ground.
(5)
No treetops or slash shall be left on or across the boundary
of any property adjoining the operation without the consent of the
owner thereof.
(6)
Litter resulting from a timber harvesting operation shall be
removed from the site before it is vacated by the operator.
(7)
The cutting or removal of more than 50% of the forest cover
(canopy) is prohibited within 50 feet from the top of the bank on
each side of a perennial waterway and on areas with a natural slope
greater than 20%. In such areas, the remaining trees shall be distributed
to promote reforestation. Best management practices shall be used
to protect water quality and to control erosion and stormwater problems
on such areas.
C.
Responsibility for road maintenance and repair; road bonding. Pursuant
to 75 Pa.C.S.A. Chapter 49 and 67 Pa. Code Chapter 189, the landowner
and the operator shall be responsible for repairing any damage to
Township streets caused by traffic associated with the timber harvesting
operation, to the extent the damage is in excess of that caused by
normal traffic, and shall be required to furnish a bond to guarantee
the repair of such potential damages, as determined by the Township.
All disposal sites are subject to the following:
A.
The applicant shall obtain any required permit or permits from DEP
and shall present such permit or permits to the Zoning Hearing Board.
B.
The applicant shall present duplicate sets of the plans, specifications,
applications and supporting data presented to DEP for review by the
Zoning Hearing Board. If such special exception has been granted,
the operator shall continue to present such documentation to the Township
when it is submitted to DEP.
C.
A five-hundred-foot setback shall be maintained from all property
lines during the operation of the disposal site in which disposal
activities shall not be permitted.
D.
No structures or parking areas shall be located closer than 100 feet
to any parking line.
E.
There shall be screening as a barrier to visibility, which shall
be composed entirely of trees, shrubs or other plant materials. Plant
materials used in the screen planting shall be at least four feet
in height when planted and of such species as will produce, within
two years, a complete visual screen of at least eight feet in height.
The screen planting shall be permanently maintained, and any plant
material which does not live shall be replaced within one year. The
screen planting shall be so placed that, at maturity, it will not
be closer than three feet from any street or property line. A clear
sight triangle shall be maintained at all private accessways and all
private and public street intersection. The screen planting shall
be broken only at points of vehicular or pedestrian access.
F.
The applicant shall provide an analysis, prepared by a professional
engineer experienced in the field of traffic analysis, of the physical
conditions of the primary road system serving the site. This analysis
shall include information of the current traffic flows on the road
system, level of service at each intersection, accident history for
the past five years, and projections of traffic generated by the applicant
to insure safe turning movements to and from the site and through-movement
on the existing road.
G.
The applicant shall demonstrate that the water supplies for neighboring
properties shall not be adversely affected by the proposed use.
H.
The operator shall limit access to the site to those posted times
when an attendant is on duty. In order to protect the public health
and welfare, accessways shall be blocked by fences, gates, or other
means to deny access at unauthorized times.
I.
The operator shall maintain and make available to the public at its
office all permits and approved plans required by the governmental
regulatory agencies having jurisdiction over the permitting, operation,
maintenance and/or reclamation of such a facility.
J.
The operator shall provide the Township with copies of any notices
of violation received from DEP or the U.S. Environmental Protection
Agency within two weeks from the date such notice of violation was
received by the operator.
Municipal uses shall be permitted as of right in every zoning
district. Municipal uses shall not be subject to the minimum lot area,
minimum lot width, setbacks, coverage, screening or landscaping requirements
of the district in which the municipal uses will be located.
[Amended 12-21-2015 by Ord. No. 221-2015]
In districts where permitted by special exception, farm-related
businesses shall be on a farm lot, provided that the following requirements
are met for nonagricultural activities:
A.
Farm-related businesses are intended to provide supplemental income
to farmers to encourage the continuation of farming and to provide
needed services to other farmers.
B.
The following activities, and activities that the applicant proves
are closely similar, shall be permitted as farm-related businesses:
(1)
Agricultural equipment repair.
(2)
Blacksmith shop, farriers.
(3)
Metal or machine shop.
(4)
Butcher house.
(5)
Contractors (plumbing, electrical, building, etc.).
(6)
Woodworking and furniture production.
(7)
Repair and service of motorized and nonmotorized vehicles (noncommercial).
(8)
Small engine repair.
(9)
Veterinary offices for primarily farm animals.
(10)
Jewelry, craft, and textile production.
(11)
Processing of locally produced agricultural products.
(12)
Tailor and shoe shops.
(13)
Bake shop.
C.
No more than the equivalent of two full-time nonresident employees
shall be permitted, and at least one owner of the farm-related business
must reside on the site. For the purposes of this section, "employed"
shall be defined as involved in the on-site conduct of the farm-related
business.
D.
The use shall be located within one or more buildings that have a
combined total area of no more than 4,000 square feet of gross floor
area. Where practicable, the farm-related business shall be conducted
within an existing farm building. However, any new building constructed
for use by the farm-related business shall be located behind the farm's
principal buildings or must be no less than 100 feet from any adjoining
roads or properties. Any new building constructed for use by the farm-related
business shall be of a design so that it can be readily converted
to agricultural use or removed if the farm-related business is discontinued.
E.
Outdoor storage, which shall include overnight parking of motorized
and nonmotorized vehicles being repaired or serviced or left for repair
or service, is permitted behind the principal building and shall not
be visible from the road. Outdoor storage shall not exceed the interior
floor area devoted to the farm-related business. No materials shall
be stacked to a height exceeding six feet. All outdoor storage areas
shall be screened from adjoining roads and properties, unless they
are set back at least 200 feet from any property line.
F.
No part of a farm-related business shall be located within 100 feet
of any side or rear lot line, nor within 500 feet of any land within
a residential zoning district. Such distances shall be measured as
a straight line between the closest points of any physical improvement
associated with the farm-related business and the property/zoning
line.
G.
No more than 50% of the land devoted to a farm-related business shall
be covered by buildings, structures, parking or loading areas or any
other impervious surfaces.
H.
One commercial truck may be parked behind the principal residence
so long as it is screened from adjoining roads and properties.
I.
No manufacturing, mechanical or industrial use shall be permitted
which causes any noise, odor, glare, fume, smoke, dust, vibration,
or electromagnetic.
J.
One non illuminated sign not exceeding six square feet shall be permitted
and shall be set back a distance at least equal to its height from
every lot line.
K.
Retail sales shall be limited to goods and materials that are produced
on site. In no case shall the area devoted to retail sales comprise
more than 20% of the gross floor area.
L.
Evidence shall be provided indicating that the disposal of materials
and wastes associated with the farm-related business will be accomplished
in a manner that complies with state and federal regulations. Such
evidence shall, at a minimum, include copies of contracts with waste
haulers licensed to operate within Lancaster County, which have been
contracted to dispose of the materials and wastes used or generated
on site. The zoning permit for this use shall remain valid only as
long as such contracts remain in effect and all materials and wastes
are properly disposed of on a regular basis. Should the nature of
the farm-related business change in the future, such that the materials
used or wastes generated change significantly either in type or amount,
the owner of the farm-related business shall so inform the Zoning
Officer and shall provide additional evidence demonstrating continued
compliance with the requirements of this section.
M.
Dumpsters. All trash dumpsters shall be located within a side or
rear yard, screened from adjoining roads and properties and completely
enclosed within a masonry or fenced enclosure equipped with a self-latching
door or gate.
N.
The Zoning Hearing Board may attach additional conditions upon farm-related
businesses to preserve the agricultural character of the area and
protect adjoining uses.
[Amended 6-8-2015 by Ord.
No. 215-2015]
Riding stables and riding clubs are subject to the following
criteria:
A.
Minimum lot area. A minimum lot size of one acre per 1 1/2 animals
maintained shall be provided if the total lot area is less than 10
acres. No restriction on the number of animals on lots of 10 acres
or more.
B.
No stable shall be located less than 50 feet from any lot line, nor
closer than 100 feet from the nearest existing dwelling, other than
that of the owner.
C.
All stables shall be maintained so to minimize odors perceptible
at the property line. All animal wastes shall be properly stored and
disposed of in accordance with the Pennsylvania Nutrient Management
Act.
D.
All outdoor training, show, riding, boarding, or pasture areas shall
be enclosed by a minimum four-foot-high fence, which is located at
least five feet from all property lines. Pasture fences may be located
on property lines.
E.
No manure storage facility or area shall be established closer than
100 feet to any property line.
F.
One sign shall be permitted which shall not be greater than 32 square
feet in area.
H.
In addition to the above, the following shall apply to riding clubs:
(1)
Minimum lot area: five acres. If the riding club is located
on a lot which contains another principal use, the applicant shall
demonstrate that the minimum lot area for all principal uses on the
lot will be provided.
(2)
All outdoor training and show rings and all buildings which
shall be accessible to persons other than employees of the riding
club and persons who own horses boarded at the riding club shall be
set back at least 100 feet from all lot lines and roads.
(3)
Lighting shall be arranged so as not to adversely impact neighboring
residential properties.
(4)
Retail sales of food and horse-related items shall be limited
to a maximum of 1,000 square feet of publicly used area.
(5)
All parking compounds and unimproved overflow parking areas
shall be set back at least five feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a barricade delineating
such occasional parking facilities and preventing the parking and/or
movement of vehicles across neighboring properties. The parking for
any building which shall be accessible to persons other than employees
of the riding club and persons who own horses boarded at the riding
club shall be located in the immediate vicinity of such building.
[Amended 12-21-2015 by Ord. No. 221-2015]
A.
Fences and walls.
(1)
Any fence located in the front yard or along a street right-of-way
in a residential district shall be decorative, such as a picket, split-rail
or wrought iron fence, rather than one that will serve to screen off
a portion of the front of the lot, such as a stockade fence. Such
decorative fence shall have a maximum height of four feet, except
on a corner lot. Fences located in front yards on corner lots shall
have a maximum height of three feet. Fences shall be constructed entirely
of wood or wrought iron, PVC or plastic fencing and have at least
half the fence open. Chain link and closed wooden (privacy) fences
are expressly prohibited in the front yard. No fence or screen planting
shall be allowed on a corner lot within the 100-foot clear sight triangle.
[Amended 11-9-2020 by Ord. No. 242-2020]
(2)
A fence located in an agricultural, rural and institutional
district, anywhere except the front yard, shall have a maximum height
of six feet. Fences are not required to meet accessory structure setbacks
and may be located on the side or rear lot line. Fences shall meet
the accessory structure setback requirement if abutting a public street
or alley. Fences located in the front yard shall have a maximum height
of three feet.
(3)
A fence located in a residential district may be erected along an established property line. If a fence is being erected on the property line, the boundary of the property must be clearly displayed through boundary pins or property monuments. A fence located within a residential district shall have a maximum height of six feet except as provided in § 240-113A(1).
(4)
A fence of up to 10 feet shall be allowed in a rear yard in
any district for the sole purpose of enclosing a court for tennis
or similar racquet sports.
(5)
Within any general industrial, mining and natural extraction,
or general commercial district, no fence or wall shall be erected
to a height of more than 20 feet in any yard.
(6)
A wall located in the front yard in a residential district shall have a maximum height of three feet and shall be set back a distance of 10 feet from any street right-of-way line. See § 240-115.3 for obstruction to vision and safety requirements.
(7)
Walls that are attached to a building shall be regulated as
a part of that building, and the regulations of this section shall
not apply.
(8)
All yards used for the storage of any material needed for the
operation or conduct of an industrial, manufacturing or commercial
enterprise shall be enclosed by a solid wall, uniformly painted board
fence, chain-link fence in conjunction with a screen planting or screen
planting on all sides which face upon a street or face upon a lot
in any zoning district or existing residence other than the General
Commercial, Mining and Natural Extraction, or General Industrial District.
No storage shall occur within the front yard in any district.
(9)
No fence or wall shall block motorist view of vehicles entering
or exiting the property or adjoining properties.
(10)
Except as required elsewhere within this chapter, permitted
fences are expressly exempt from principal and accessory use setbacks.
(11)
Agricultural fences shall be back four feet from the street
right-of-way line. Otherwise, fences and walls on farms as defined
herein may be erected, altered and maintained at the established property
line.
B.
Unattached accessory buildings on any non-address street shall be
set back 30 feet from the edge of cartway or sidewalk.
All nonresidential uses shall be subject to the following general
performance standards, where applicable:
A.
Glare and lighting standards. Any operation or activity producing
glare shall be conducted so that direct or indirect light from the
source shall not cause illumination in excess of 0.5 foot-candles
when measured in a Residential District.
(1)
Direct glare. "Direct glare" is defined, for the purpose of this chapter, as illumination beyond the property lines caused by direct or specularly reflected rays from incandescent, fluorescent or arc lighting, or from such high temperature processes as welding or petroleum or metallurgical refining. No such direct glare shall be permitted with the exceptions that parking areas and walkways may be illuminated by luminaries meeting the standards of Subsection A(3) below.
(2)
Indirect glare. "Indirect glare" is defined, for the purpose
of this chapter, as illumination beyond the property lines caused
by diffuse reflection from a surface such as a wall or roof of a structure.
Indirect glare shall not exceed a maximum of 0.3 foot-candles and
an average of 0.1 foot-candles. Deliberately induced sky-reflected
glare, such as by casting a beam upward for advertising purposes,
is prohibited.
(3)
Luminaries. All luminaries for parking areas, walkways, and
similar purposes shall be so hooded or shielded so 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.
No luminary may be placed more than 22 feet above the ground, and
the maximum illumination at ground level shall not exceed three foot-candles.
B.
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.
C.
Screening.
(1)
A completely planted visual barrier of landscape screen shall
be provided and maintained between any commercial or industrial use
and contiguous properties which are residentially zoned or which are
used for residential purposes except where natural or physical man-made
barriers exist. This screen shall be composed of plants and trees
arranged to form both a low level and a high level screen within a
strip of land with a minimum width of 20 feet. The high level screen
shall consist of trees planted with specimens no younger than three
years in age, and planted at intervals of not more than 10 feet. The
low level screen shall consist of shrubs or hedges planted at an initial
height of not less than two feet and spaced at intervals of not more
than five feet. The low level screen shall be placed in alternating
rows to produce a more effective barrier. All plants which have been
dead for six months shall be replaced.
(2)
Any existing commercial or industrial use shall not be required
to comply with the screening requirements except in case of enlargement
or major alteration of same.
(3)
The screen planting shall be permanently maintained.
(4)
Outdoor activities and equipment screening. All outdoor industrial
use operations, mechanical equipment and other function accessories
of each building, such as elevator, penthouses, ventilation pipes,
and ducts, water pressure tanks, heating, air conditioning, and power
supply units, should have an architectural building material screen
or covering which is an integral part of the building envelope and/or
which is harmonious with the building design.
(5)
Landscaping.
(a)
Any part or portion of a site in any district which is not used
for building or other structures, loading, or parking spaces and aisles,
sidewalks and designated storage areas shall be planted with an all
season ground cover. It shall be maintained to provide an attractive
appearance and all nonsurviving plants shall be replaced promptly.
(b)
Within any district no less than 5% of any parking area providing
more than five off-street spaces shall be landscaped and continually
maintained. Planting along the perimeter of the parking area, whether
for required screening or general beautification, will not be considered
as part of the 5% parking area landscaping. In complying with the
5% landscaping requirements, the planting beds must be distributed
throughout the parking areas as evenly as possible. For each 100 square
feet of parking area there shall be five square feet of landscaped
area.
If a use is neither specifically permitted nor prohibited under
this chapter and an application is made by a landowner to the Zoning
Officer for such use, the Zoning Officer shall refer the application
to the Zoning Hearing Board to hear and decide such request as a special
exception. The Zoning Hearing Board shall permit or deny the use in
accordance with the standards for the consideration of special exceptions
contained herein. The use may be permitted if it: i) is of the same
general character as the enumerated permitted uses in the zoning district
in which the property is located; ii) is in accordance with the intended
purpose of the zoning district; iii) is compatible with the permitted
uses in the zoning district; iv) is not permitted in any other district
by this chapter; and v) will comply with all performance standards
applicable to permitted uses in the zoning district. The duty to present
evidence and the burden of proof shall be on the applicant to demonstrate
that the proposed use is of the same general character as the enumerated
permitted uses in the zoning district, is in accordance with the intended
purpose of the zoning district, is compatible with the permitted uses
in the zoning district, is not permitted in any other zoning district,
and will comply with all performance standards applicable to permitted
uses in the zoning district.
[Added 9-6-2011 by Ord. No. 189-2011]
A.
Windmills as accessory uses.
(1)
A maximum of one windmill shall be permitted as an accessory
use to an existing principal use within any zoning district by right,
subject to the regulations set forth in this section. It shall be
the joint responsibility of the landowner and applicant to prove compliance
with this section at the time of application for a zoning permit.
(2)
All windmills shall be located on the same lot on which the
principal use is located, with the exception that power lines or related
equipment may be located on an adjoining lot, provided it will comply
with all applicable virtual net metering laws of PPL or other public
utility provider.
(3)
The height of the windmill shall include the wind turbine tower
and the wind turbine rotor at its point where a blade is directly
perpendicular to the ground. The maximum height of the windmill shall
be determined by its setback as follows:
|
Minimum Setback Distance From All Property Lines
(feet)
|
Maximum Windmill Height
(feet)
| |
|---|---|---|
|
60
|
35
| |
|
65
|
40
| |
|
70
|
45
| |
|
100
|
75
| |
|
125
|
100
|
(4)
No windmill shall be placed between the principal structure
on the lot and the street right-of-way.
(5)
The minimum clearance between the lowest arc of the windmill
blades and the ground shall be 15 feet. If the windmill model that
is proposed is a vertical axis wind turbine (also referred to as a
"helix-type windmill" or "VAT"), the height between the lowest point
of the turbine and the ground may be reduced to eight feet.
(6)
If guy wire anchors are required, they shall be set back a minimum
of 10 feet from any side and rear property lines.
(7)
All electric and utility lines associated with the windmill
shall be buried underground.
(8)
All mechanical equipment associated with and necessary for the operation of the windmill, including any structure for batteries or storage cells, shall be screened from view with an enclosed six-foot-high fence or evergreen plantings of equal height. The evergreen plantings shall be of a type approved by the Township and shall be planted to provide a full screen of the mechanical equipment. Any evergreen tree listed in § 240-30D(7) shall be considered acceptable. No invasive vegetation or noxious weed shall be permitted to fulfill the screening requirements. The windmill tower shall also be enclosed with a six-foot-high fence unless the base of the windmill tower is not climbable for a distance of 12 feet. Any required fencing shall be made of wood, masonry, durable plastic, or other decorative material approved by the Township. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings of equal or greater height than the fence.
(9)
The windmill shall not generate noise which exceeds 55 decibels
at any property line.
(10)
The windmill shall be kept in good repair and sound condition.
Upon abandonment of the use, the windmill, electrical wires, support
structures, and any other related structures shall be dismantled and
removed from the lot within 60 days.
(11)
The co-location of wireless communication antennas on a windmill
tower shall not be permitted.
(12)
The windmill shall provide power only for the principal use
which it services; any power generated by the windmill shall only
be sold or acquired by a public utility in accordance with law or
other governmental regulations.
(13)
The installation of the windmill shall meet all applicable requirements
of the Uniform Construction Code.
(14)
No signage or advertising of any kind shall be utilized or attached
to the windmill. This requirement shall not include the make and model
description of the windmill, manufacturer's required hangtags or warning
signs or other signage that is required by law.
(15)
No lighting, unless required by any FAA requirements, shall
be utilized or attached to the windmill.
(16)
Windmills shall be a neutral, nonobtrusive color such as white,
off-white, gray, brown, black or other earthtone shade, unless a specific
color or color pattern is required by the FAA or other regulatory
agency.
(17)
The owner of the windmill as an accessory use shall be required
to provide a certificate of insurance to the Township providing evidence
of liability insurance of not less than $300,000.
B.
Large wind energy production facility as principal use.
(1)
The layout, design, and installation of large wind energy production
facilities shall conform to applicable industry standards, including
those of the ANSI, Underwriters Laboratories (UL), Det Norske Veritas,
Germanischer Lloyd Wind Energies, the ASTM, or other similar certifying
organizations, and shall comply with the Building Code and with all
other applicable fire and life safety requirements. The manufacturer
specifications shall be submitted as part of the application.
(2)
Large wind energy production facilities shall not generate noise
which exceeds 60 decibels measured at any property line.
(3)
All on-site utility and transmission lines extending to and
from the large wind energy production facility shall be placed underground.
(4)
All large wind energy production facilities shall be equipped
with a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a failsafe
mode. Staff regulation shall not be considered a sufficient braking
system for overspeed protection.
(5)
Large wind energy production facilities shall not be artificially
lighted, except to the extent required by the FAA.
(6)
Wind turbines and towers shall not display advertising, except
for reasonable identification of the large wind energy production
facility's manufacturer. Such sign shall have an area of less than
four square feet.
(7)
Wind turbines and towers shall be a nonobtrusive color such
as white, off-white or gray.
(8)
All large wind energy production facilities shall, to the extent
feasible, be sited to prevent shadow flicker on any occupied building
on adjacent lot.
(9)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(10)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
(11)
No portion of any large wind energy production system shall
extend over parking areas, access drives, driveways or sidewalks.
(12)
All large wind energy production facilities shall be independent
of any other structure and shall be located a minimum distance of
1.1 times the turbine height from any inhabited structure, property
line, street right-of-way, or overhead utility line.
(13)
The minimum height of the lowest position of the wind turbine
shall be 30 feet above the ground.
(14)
All large wind energy production facilities shall be completely
enclosed by a minimum eight-foot-high fence with a self-locking gate,
or the wind turbines' climbing apparatus shall be limited to no lower
than 12 feet from the ground, or the wind turbines' climbing apparatus
shall be fully contained and locked within the tower structure.
(15)
The large wind energy production facility owner is required
to notify the Township immediately upon cessation or abandonment of
the operation. The large wind energy production facility owner shall
then have 12 months in which to dismantle and remove the large wind
energy production facility from the lot. At the time of issuance of
the permit for the construction of the large wind energy production
facility, the owner shall provide financial security in form and amount
acceptable to the Township to secure the expense of dismantling and
removing said structures.
(16)
The owner of the large wind energy production facility shall
be required to provide a certificate of insurance to the Township
providing evidence of liability insurance of not less than $1,000,000
and naming the Township as an additional insured on the policy or
policies of the owner and/or lessee.
C.
Small solar energy systems as accessory uses.
(1)
A small solar energy system shall be permitted as an accessory
use to an existing principal use in any zoning district by right,
subject to the regulations set forth in this section. It shall be
the joint responsibility of the landowner and applicant to prove compliance
with this section at the time of application for a building/zoning
permit.
(2)
All solar energy equipment shall be located on the lot in which
the principal use is located, with the exception that power lines
or any related equipment to the solar energy system may be located
on an adjacent lot provided it will comply with all applicable virtual
net metering laws of PPL or other public utility provided.
(3)
The small solar energy system shall provide power only for the
principal use which it services; any excess power generated by the
small solar energy system shall only be sold or acquired by a public
utility in accordance with law or other governmental regulations.
(4)
All mechanical equipment associated with and necessary for the operation of the small solar energy system, including any structure for batteries or storage cells, shall be screened from view with an enclosed six-foot-high fence or evergreen plantings of equal height. The evergreen plantings shall be of a type approved by the Township and shall be planted to provide a full screen of the mechanical equipment. Any evergreen tree listed in § 240-30D(7) shall be considered acceptable. No invasive vegetation or noxious weed shall be permitted to fulfill the screening requirements. Any required fencing shall be made of wood, masonry, durable plastic, or other decorative material approved by the Township. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings of equal or greater height than the fence.
(5)
Ground-mounted small solar energy systems.
(a)
No part of a ground-mounted small solar energy system shall
be located any closer than 15 feet from any side or rear property
lines. The front yard setback from the center line of the street for
ground-mounted systems shall be in accordance with the setback regulations
of the district in which the solar energy system is located, plus
an additional 15 feet from the center line of the street.
(b)
Ground-mounted small solar energy systems shall not be placed
within any legal easement or right-of-way location, or be placed within
any stormwater conveyance system or in any other manner that would
alter or impede stormwater runoff from collecting in a constructed
stormwater conveyance system.
(c)
Ground-mounted small solar energy systems shall not be placed
in a manner that would cause a violation of any other section of this
chapter, including minimum parking requirements, required buffer yards
or other landscaping requirements, maximum impervious coverage limitations,
or any other applicable standards of this chapter as determined by
the Zoning Officer.
(d)
Ground-mounted panels of a small solar energy system shall be
counted towards the lot's maximum coverage requirements, unless the
applicant can demonstrate that stormwater will infiltrate into the
ground beneath the solar panels at a rate equal to that of the infiltration
rate prior to placement of the panels.
(e)
Ground-mounted small solar energy systems shall not exceed the
height of an accessory structure for the particular zoning district
the solar system is to be located. In zoning districts where a maximum
height of an accessory structure is not separately stated, the maximum
height of the solar panels, structures, or other equipment relating
to the ground-mounted solar energy system shall not exceed 20 feet.
(6)
Roof-mounted small solar energy systems shall not extend beyond
the peak elevation of the top of the roof on which the panels are
to be constructed. If the solar panels are to be constructed on a
flat roof, no part of the solar energy system shall exceed beyond
the maximum height requirements for the zoning district in which the
building is located.
(7)
All electric and utility lines associated with the small solar
energy system shall be buried underground.
(8)
Any installation of a small solar energy system shall comply
with all applicable standards of the Uniform Construction Code.
(9)
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties or roadways.
(10)
The small solar energy system shall be kept in good repair and
sound condition. Upon abandonment of the use, the solar panels, electrical
wires, support structures, and any other related structures and equipment
shall be dismantled and removed from the lot within 60 days.
(11)
No signage or advertising of any kind shall be utilized or attached
to the small solar energy system. This requirement shall not include
the make and model description of the solar energy system, manufacturer's
required hangtags or warning signs or other signage that is required
by law.
(12)
The owner of the small solar energy system shall be required
to provide a certificate of insurance to the Township providing evidence
of liability insurance of not less than $300,000.
D.
Large-scale solar energy systems as a principal use.
(1)
Large-scale solar energy systems as principal uses on a lot shall comply with all performance standards stated in § 240-107.
(2)
The landowner and/or applicant shall present the following evidence
to the Zoning Hearing Board at the hearing for a large-scale solar
energy system:
(a)
A narrative describing the proposed large-scale solar energy
system, including an overview of the project; the project location;
the approximate generating capacity of the solar energy system; the
approximate number, representative types and height or range of heights
of the panels or other solar energy equipment to be constructed, including
their generating capacity, dimensions and respective manufacturers,
and a description of all ancillary facilities.
(b)
Identification of the properties or portions thereof on which
the proposed large-scale solar energy system will be located and also
the properties adjacent to where the large-scale solar energy system
will be located.
(c)
A site plan, drawn to scale, showing all of the following information,
as applicable: the planned location of each solar panel, related structures,
setback lines, access roads and turnout locations, substations, electrical
wiring, ancillary equipment, buildings and structures, including associated
distribution and/or transmission lines, floodplains, easements, wetlands
and limits of earth disturbance associated with construction of the
large-scale solar energy system.
(d)
Documents indicating the type and specifications of fencing
to be used around the perimeter of the large-scale solar energy system.
(e)
Any documents related to decommissioning of the large-scale
solar energy system, including a schedule for decommissioning of the
solar panels and related equipment.
(f)
Documents indicating compliance with other applicable federal,
state and local laws regulating large solar energy systems and/or
land development, including, but not limited to, regulations of the
PUC, electric power supplier, Conservation District, and DEP.
(3)
The minimum lot size for any large-scale solar energy system
shall be five acres.
(4)
No large-scale solar energy system related equipment and structures
shall be located any closer than 50 feet to any property line and
shall not be located closer than 115 feet from the center line of
any public street.
(5)
The layout, design, and installation of a large-scale solar
energy system shall conform to applicable industry standards, including
those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other
similar certifying organizations, and shall comply with the Uniform
Construction Code and with all other applicable fire and life safety
requirements. The manufacturer specifications shall be submitted as
part of the application.
(6)
All on-site utility and transmission lines extending to and
from the large-scale solar energy system shall be placed underground.
(7)
All large-scale solar energy systems shall be designed and located
in order to prevent reflective glare toward any inhabited buildings
on adjacent properties as well as adjacent street rights-of-way.
(8)
Large-scale solar energy systems mounted on the roof of any
building shall be subject to the maximum height regulations specified
within each zoning district.
(9)
The owner shall provide evidence in the form of stamped plans
certified by a professional engineer that the roof is structurally
sound.
(10)
All ground-mounted and freestanding solar collectors of large-scale
solar energy systems shall be completely enclosed by a minimum eight-foot-high
fence with a self-locking gate.
(11)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(12)
The large-scale solar energy system owner is required to notify
the Township immediately upon cessation or abandonment of the operation.
The large-scale solar energy system owner shall then have 12 months
in which to dismantle and remove the large solar energy production
facility from the property. At the time of issuance of the permit
for the construction of the large-scale solar energy system, the owner
shall provide financial security in form and amount acceptable to
the Township to secure the expense of dismantling and removing said
structures.
(13)
The owner of the large-scale solar energy system shall be required
to provide a certificate of insurance to the Township providing evidence
of liability insurance of not less than $1,000,000 and naming the
Township as an additional insured on the policy or policies of the
owner and/or lessee.
E.
Outdoor hydronic heaters as accessory use.
(1)
Outdoor hydronic heaters have been shown, because of their design,
to emit high quantities of particulate matter and noxious fumes. Health,
safety and nuisance problems have arisen from the use of outdoor hydronic
heaters. Poor operational practices and inappropriate fuel exacerbate
the detrimental health effects of these devices. The purpose of these
regulations is to minimize the human health hazards resulting from
the smoke and obnoxious fumes emitted by outdoor hydronic heaters
and to encourage proper technique in using and setting these boilers.
(2)
Operators of existing outdoor hydronic heaters installed prior
to the issuance of this section wishing to continue using an outdoor
hydronic heater must apply for a permit from the Township within six
months of the effective date of this section.
(3)
On and after the effective date of this section, no person shall:
(a)
Purchase, install or allow the installation of any outdoor hydronic
heater unless it has been certified in accordance with this regulation
to meet the applicable emission standard set forth in this section.
(b)
Site or install an outdoor hydronic heater that meets the applicable
emission standards of this regulation unless it is installed according
to the following:
[1]
A residential-size outdoor hydronic heater shall
be located at least 50 feet from any property line and at least 150
feet from any occupied dwelling or building that it is not serving.
A residential-size outdoor hydronic heater shall have a clear radius
of 20 feet which must be maintained between the outdoor hydronic heater
and any trees or vegetation of a height greater than the height of
the top of the fuel door.
[2]
A commercial-size outdoor hydronic heater shall
be located at least 275 feet from any property line and at least 300
feet from any occupied dwelling or building that it is not serving.
A commercial-size hydronic heater shall have a clear radius of 20
feet which must be maintained between the outdoor hydronic heater
and any trees or vegetation of a height greater than the height of
the top of the fuel door.
(4)
Existing units. All operators of existing outdoor hydronic heaters shall comply with the requirements in this § 240-115.1.
(5)
Prohibited fuels. No person shall cause, suffer, allow or permit
the burning of any of the following items in an outdoor hydronic heater:
(a)
Any wood that does not meet the definition of "clean wood."
(b)
Garbage.
(c)
Tires.
(d)
Lawn clippings, leaves, brush trimmings, or general yard waste.
(e)
Materials containing plastic.
(f)
Materials containing rubber.
(g)
Waste petroleum products.
(h)
Paints and paint thinners.
(i)
Chemicals.
(j)
Glossy or colored papers.
(k)
Construction and demolition debris.
(l)
Plywood.
(m)
Particleboard.
(n)
Salt water driftwood.
(o)
Manure.
(p)
Animal carcasses.
(q)
Asphalt products.
(6)
Allowable fuels. No person that operates an outdoor hydronic
heater shall cause, suffer, allow or permit the use of a fuel other
than the following:
(7)
Visible emission standard for commercial units.
(a)
The outdoor hydronic heater shall be maintained and operated
in compliance with all emissions of air quality standards promulgated
by the EPA, DEP or other relevant state or federal agency.
(b)
The emissions from the outdoor hydronic heater shall not be
detectable beyond the lot on which the outdoor hydronic heater is
located, interfere with the reasonable enjoyment of life or property
of neighbors, cause damage to vegetation or property of neighbors,
or be harmful to human or animal health.
(8)
No person shall cause, suffer, allow or permit the operation
of any outdoor hydronic heater except in conformance with the manufacturer's
operating and maintenance instructions.
(9)
No person shall cause, suffer, allow or permit the operation
of an outdoor hydronic heater in such a manner as to create a condition
of air pollution as defined in 310 CFR 7.00.
(10)
Particulate matter emission standards. On and after the effective
date of this section, no person shall install or allow for installation
of an outdoor hydronic heater for use in the Township unless it is
a Phase 2 outdoor hydronic heater.
(11)
Labeling. On and after the effective date of this regulation,
no person shall install or allow for installation an outdoor hydronic
heater in the Township which is not a Phase 2 outdoor hydronic heater,
i.e., without an EPA permanent label indicating it has met the 0.32
lbs/MMBtu requirement, or supply other documentation from an EPA approved
lab showing that it meets the requirement as defined by EPA Test Method
28 OWHH.
(12)
All outdoor hydronic heaters shall have a permanent attached
stack. The minimum height of all stacks shall be 25 feet above the
ground or three feet in excess of the height of any inhabited structure
within 150 feet not located on the lot upon which the outdoor hydronic
heater is proposed, whichever is greater.
(13)
Permits. In addition to generally applicable requirements for
a zoning permit, an applicant for a permit for an outdoor hydronic
heater shall provide the following information.
(a)
For existing outdoor hydronic heaters, an informal plan depicting
the location of the outdoor hydronic heater in relation to property
lines and the building it serves and all buildings within 500 feet.
All buildings must be labeled as to their use (example: storage, occupied,
unoccupied, etc.).
(b)
For new installations of an outdoor hydronic heater, in which
the setbacks are two times greater than required, an informal plan
depicting the location of the outdoor hydronic heater in relation
to property lines and the building it serves and all buildings within
500 feet. All buildings must be labeled as to their use (example:
storage, occupied, unoccupied, etc.).
(c)
Three sets of plans required.
[1]
For new installations of an outdoor hydronic heater,
in which the setbacks are less than two times greater than required,
three sets of plans for the location and installation of the outdoor
hydronic heater shall be drawn at a suitable scale (one inch equals
40 feet or fewer, for plot plans, and one inch equals 20 feet or fewer
for details of furnace components) and shall include a depiction of:
[a]
The legal boundaries of the lot to be served.
[b]
The location of all dwelling(s) and building(s)
existing and proposed on the lot to be served by the outdoor hydronic
heater and identification of those to be served.
[c]
The location of all utilities on the lot to be
served, including, but not limited to, water lines, sewer lines, and
gas lines.
[d]
The location of all known easements and rights-of-way
on the lot to be served.
[e]
The location of all components of the outdoor hydronic
heater, including underground electric lines, fluid lines or ductwork.
[f]
The proposed wood/fuel storage location.
[g]
The proposed outdoor hydronic heater stack height.
[h]
The location of all roads, passways, and rights-of-way
within 100 feet of the proposed outdoor hydronic heater.
[i]
The location of all dwelling(s) and building(s)
within 500 feet of the proposed outdoor hydronic heater.
[j]
The roof heights of all buildings within 500 feet
of the proposed outdoor hydronic heater.
[2]
These plans must include the outdoor hydronic heater
and may be limited to the area within a five-hundred-foot radius.
F.
Ground-source heat pumps.
(1)
All ground-source heat pump systems shall be closed systems.
No open loop ground-source heat pump systems shall be permitted.
(2)
The installation specifications and drawings for the GSHP system
shall be submitted to and approved by the Township as conforming to
the IGSHPA installation standards, as the same may be amended and
updated from time to time, and currently found in Appendix 1 of the
GSHP Manual of the DEP.
(3)
Grout for the GSHP well shall be mixed, pumped and placed in
accordance with the procedures recommended by the IGSHPA in its publication
entitled "Grouting Procedures for Ground-Source Heat Pump Systems"
(available from Ground-Source Heat Pump Publications, Oklahoma State
University, Stillwater Oklahoma). Acceptable grout materials are as
follows:
(4)
The vertical GSHP well (or wells) installation shall be made
only by a Pennsylvania-licensed well driller.
(5)
No GSHP system shall be located within 100 feet of any existing
drinking water wells or any planned drinking water wells. A GSHP system
shall be located a minimum of 15 feet from any property line. No GSHP
system shall be installed in any easements or rights-of-way.
(6)
With respect to each GSHP well installation, before activation
of the GSHP system, the Pennsylvania-licensed well driller and/or
GSHP installer shall provide the Township:
(a)
Accurate written records and a written geologic log.
(b)
Accurate records with respect to grouting for each such well.
(c)
As-built plans and related documentation for each such system
and well location.
(d)
Written documentation of the GSHP system testing and certification.
(e)
A written plan for the operation of the GSHP system (which meets
specifications of the manufacturer of the GSHP system equipment and
is approved by the system installer) which, among other matters, provides
that:
[1]
Any GSHP system leaks or releases will be reported
by the applicant (and subsequent owners) to the Township within 24
hours of the discovery of same, and the applicant (and subsequent
owners) covenants and agrees to take all appropriate action to minimize
any fluid release to the ground and to promptly repair any system
leaks.
[2]
In the event of the proposed discontinuance of
the use of the GSHP system, a system closure plan will be prepared
and submitted to the Township for its approval.
(7)
All GSHP systems in areas underlain by carbonate bedrock must
be vertical loop systems. Outside the carbonate bedrock areas, either
vertical or horizontal closed loop GSHP system may be used, subject,
however, to the review and approval of the plans for the same by the
Township.
(8)
No GSHP system shall be connected in any way to any sanitary
or stormwater sewage disposal system.
(9)
The piping for GSHP systems must be made of polyethylene or
polybutylene or a material approved by the Township.
(10)
Only water or potassium acetate may be used as the circulating
fluid for GSHP systems, unless similar inert fluid is approved for
use by the Township.
G.
Accessory anaerobic digester systems. Accessory methane digester
systems are permitted as an accessory use to farming operations in
the Agricultural District.
(1)
The minimum lot area shall be 10 acres.
(2)
Accessory anaerobic digesters shall not be located within 50
feet of any side property line, 75 feet of any rear property line,
150 feet from any residential structure other than that of the property
owner, and 100 feet from any street right-of-way.
(3)
There shall be no discharge of any type onto any adjoining properties
or streets.
(4)
The applicant shall address and document performance standards
for siting to minimize impacts on neighboring properties which shall
include considerations of odor, prevailing wind patterns, proximity
to nonagricultural properties, operational noise, and specific hours
of operation.
(5)
Anaerobic digester systems shall be designed and constructed
in compliance with the guidelines outlined in the DEP Bureau of Water
Quality Management publication, and any revisions, supplements and
successors thereto.
(6)
Anaerobic digester systems shall be designed and constructed
in compliance with applicable local, state and federal codes and regulations.
Evidence of all federal and state regulatory agencies' approvals shall
be included with the application.
(7)
A certified professional, qualified to do such, shall furnish
and explain all details of construction, operation, maintenance and
necessary controls related to the anaerobic digester system.
(8)
The applicant shall either provide a letter from the Conservation
District stating that the applicant's anaerobic digester system design
has been reviewed and approved by the Conservation District and that
all regulations and requirements of the state manure management program
have been satisfied, or submit a letter from the Conservation District
stating that it will not review the plan or that no review is required
under applicable ordinances, or submit evidence that such a letter
has been requested and the Conservation District has failed to respond.
(9)
No anaerobic digester system shall be installed until evidence
has been given that the utility company has been informed of the customer's
intent to install an interconnected customer-owned generator. Off-grid
systems shall be exempt from this requirement.
H.
Regional anaerobic digesters. Regional anaerobic digester systems
are permitted by conditional use in the Agricultural District, subject
to the following:
(1)
The minimum lot area shall be 25 acres.
(2)
A traffic impact study analysis shall be provided, showing the
following:
(a)
Existing traffic volume data for all roadways within 1,000 feet
which provide access to the site.
(b)
Anticipated traffic volumes for the area identified in § 240-151.1H(2)(a)
above, resulting from the proposed use as well as background traffic
growth.
(c)
Analysis of current and future levels of service for all intersections
within the study area.
(d)
Physical analysis of all roadways identified in § 240-151.1H(2)(a)
above, including cartway width, shoulder width, pavement condition,
horizontal and vertical curves, anticipated stormwater drainage characteristics,
and sight distances.
(3)
The applicant shall submit a transportation study, detailing
the effect of the anaerobic digester system on local roadways, including
effect of vehicle weight, congestion, and noise.
(4)
The applicant shall provide sufficiently long stacking lanes
into the facility, so that vehicles waiting to be loaded/unloaded
will not backup onto public streets.
(5)
The applicant shall provide a detailed description of the proposed
use in each of the following topics:
(a)
The nature of the on-site activities and operations, the types
of materials stored and used, the frequency and duration period of
storage of materials and the methods for use and disposal of materials.
In addition, the applicant shall furnish evidence that the use, handling,
and disposal of materials will be accomplished in a manner that complies
with state and federal regulations.
(b)
The general scale of operation in terms of its market area,
specific space and area requirements for each activity, the total
number of employees of each shift, and an overall needed site size.
(6)
Design and installation.
(a)
The applicant shall address and document performance standards
for siting to minimize impacts on neighboring properties which shall
include considerations of odor, prevailing wind patterns, proximity
to nonagricultural properties, operational noise, and specific hours
of operation.
(b)
Anaerobic digester systems shall be designed and constructed
in compliance with the guidelines outlined in the publication Manure
Management for Environmental Protection, Bureau of Water Quality Management
Publication, and any revisions, supplements and successors thereto,
of DEP.
(c)
Anaerobic digester systems shall be designed and constructed
in compliance with applicable local, state and federal codes and regulations.
Evidence of all federal and state regulatory agencies' approvals shall
be included with the application.
(d)
A certified professional, qualified to do such, shall furnish
and explain all details of construction, operation, maintenance and
necessary controls related to the anaerobic digester system.
(e)
The applicant shall either provide a letter from the Conservation
District stating that the applicant's anaerobic digester system design
has been reviewed and approved by the Conservation District and that
all regulations and requirements of the state manure management program
have been satisfied, or submit a letter from the Conservation District
stating that it will not review the plan or that no review is required
under applicable ordinances, or submit evidence that such a letter
has been requested and the Conservation District has failed to respond.
(7)
Height and setback requirements. Except as otherwise provided
for under the provisions of the Pennsylvania Nutrient Management and
Odor Management Act,[1] no underground storage, inground storage, trench silo,
earthen bank, stacking area or aboveground storage facility related
to the anaerobic digester system shall be located within 200 feet
from any property line. No building, structures, or facility shall
be located nearer than 300 feet to an existing residential building
unless the owner of such residence waives this restriction in writing
to the Township.
[1]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
(8)
Decommissioning. The applicant shall submit a plan for the removal
of the manure digestion facility when it becomes functionally obsolete
or is no longer in use. The regional anaerobic digester owner shall
notify the Township immediately upon cessation or abandonment of the
operation and shall be responsible for the removal of the manure within
six weeks from the date operation ceases. At the time of issuance
of the permit for the construction of the regional anaerobic digester
facility, the owner shall provide financial security in form and amount
acceptable to the Township to secure the expense of manure removal
from the regional anaerobic digester facility in the event operation
ceases. The amount of the financial security shall be renegotiated
every five years for the life of the operations.
[Added 7-8-2013 by Ord. No. 201-2013; amended 6-8-2015 by Ord. No.
215-2015; 8-10-2020 by Ord. No. 239-2020]
An event venue shall comply with all of the following regulations:
A.
An event venue may include any of the following uses in a building
or group of buildings located on one lot, provided such uses are primarily
sized, located and designed as one integrated development (e.g., shared
parking, signage, access, lighting, stormwater management, etc.) to
serve those persons or groups of persons attending the event venue,
together with related support facilities:
(1)
Offices.
(2)
On premises, integrated overnight accommodations in the form
of hotels or motels.
(3)
Meeting rooms and auditoriums.
(4)
Banquet and social halls.
(5)
On premises integrated restaurants and dining facilities (which
may be open to the general public), and fast food restaurants when
operated or located within the buildings of the event venue or as
a temporary outdoor booth on the event venue lot, during a conference
or event and only for the participants at the event.
(6)
Integrated retail shops and concessionaires.
(7)
Information centers and booths, including booths to collect
admission or parking fees.
(8)
Personal service shops (i.e., barbers, salons, spas, dry cleaners,
tailors, shoe repair, but excluding adult-related uses).
(9)
Museums and heritage/historical exhibits, historical reenactments
and events, including historic short line railroad. An historic short
line railroad may be operated across multiple contiguous event venues
so long as the event venues are owned by one single individual or
entity or affiliated entities and operated by the same single entity.
An historic short line railroad may be open to the general public
on a ticketed basis, coordinated so as to not interfere with event
venue events use.
(10)
Internal transit system, such as trolleys, carriages, trams,
carts, and similar equipment which may operate across multiple contiguous
event venues so long as the event venues are owned by one single individual
or entity or affiliated entities and operated by the same single entity.
(11)
Operation of amusements that represent historical, cultural,
or rural heritage and farm context such as vintage carousel, bumper
cars, and the like, provided that no more than one such amusement
may be located on one event venue and further provided that such vintage
amusement may not include large scale rides or amusements such as
a roller coaster, water slides, giant ferris wheel or similar large
amusement. Amusements may be open to the general public on a ticketed
basis, coordinated so as to not interfere with event venue events
use.
(12)
Operation of one riding arena of not more than 20,000 square
feet, provided that the location for such arena must be a minimum
of one acre in size.
(13)
Outdoor activities with an anticipated attendance of less than
10,000 persons in the aggregate in a day, provided that no such activities
shall be conducted upon any area of required off-street parking or
off-street loading, including, but not limited to heritage/historical
events and operation of historic carousel; time limited outdoor amusements
(such as skating on ponds, yard games, petting zoo); shows for automobiles,
consumer goods, agricultural equipment, supplies and livestock; and
community festivals, carnivals, concerts and other similar outdoor
events. The operator of the event venue shall limit ticket sales for
events with advance ticket sales to comply with the limit of 10,000
persons per day. If advance ticket sales are not provided, the operator
of the event venue shall limit admission to the event venue to prevent
admission of more than 10,000 persons in a single day. ·
(14)
Temporary retail food and concession facilities when operated
in conjunction with events or conferences scheduled at the event venue
and for special events where attendance does not exceed 10,000 people
in the aggregate per day.
(15)
Activities associated with rural ranching or farming such as
horseback rides, pony rides, carriage rides, tractor/wagon rides.
These activities may be operated across multiple contiguous event
venues so long as the event venues are owned by one single individual
or entity or affiliated entities and operated by the same single entity
and may be open to the general public on a ticketed basis, coordinated
so as to not interfere with event venue events use.
B.
More than one event venue may be located on a single lot provided
that each such event venue shall have the minimum required lot area.
C.
Minimum lot area: 25 acres.
D.
The lot containing an event venue shall have access meeting the requirements of § 200-45, Emergency access requirements. If the operator proposes to provide an emergency access drive rather than two full service points of access, applicant shall provide as part of the zoning permit application proof that the design has been reviewed and approved by the Police Department and the Fire Department or that the applicant has requested such review and, after 60 days, the Police Department and/or Fire Department has not responded.
(1)
The operator of an event venue which will hold an event which
is anticipated to generate traffic of 300 or more vehicles in a day
or to have an attendance of 900 or greater persons in a day shall
have directions on the event venue's website and in all advertising
notifying persons that the entrance to the event is from North Market
Street (SR 0230).
(2)
The operator of an event venue which will hold an event which
is anticipated to generate traffic of 300 or more vehicles in a day
or to have an attendance of 900 or greater persons in a day shall
provide an internal parking and circulation system that will require
persons (except in case of emergency) to exit the event venue on to
North Market Street (SR 0230). All signage installed on the event
venue to direct persons to an exit shall direct persons to North Market
Street (SR 0230).
(3)
If an event venue is developed on a separate lot with frontage
on Newville Road, the operator of the event venue on such separate
lot with frontage on Newville Road may allow access from Newville
Road for events which are anticipated to generate traffic of less
than 450 vehicles in a single day or generate attendance of less than
1,350 persons in a single day.
E.
The operator of the event venue shall provide the Zoning Officer
with proof that the operator has worked with NAVTEQ, Teleatlas, Google
and other entities which provide routing for GPS systems to have those
systems correctly identify the street location of the access to the
event venue. The web site for the event venue shall contain directions
to the event venue. The operator of the event venue shall provide
that the address of the event venue shall be on North Market Street
(SR 0230) and the directions for the event venue on the event venue's
web site shall direct all persons to access the event venue from North
Market Street (SR 0230). Notwithstanding the foregoing, if an event
venue is developed on a separate lot with frontage on Newville Road,
the operator of the event venue on such separate lot with frontage
on Newville Road may identify Newville Road on its web site as the
access point to the event venue for events which are anticipated to
generate traffic of less than 450 vehicles and attendance of less
than 1,350 persons.
F.
Required off-street parking will be determined based upon the uses
located on the lot containing the event venue and of the types of
activities proposed. Permanent off-street parking meeting all requirements
of this chapter shall be provided for each use located within a permanent
structure. By way of example, if an event venue contains a hotel or
motel, off-street parking meeting the design requirements of this
chapter and the number of off-street parking spaces required by this
chapter shall be provided for the hotel or motel. In addition, an
unimproved, grassed, overflow parking area for peak use periods shall
be required. Such overflow parking areas shall be accessible only
from the interior driveways of a permanent parking lot. Soil erosion,
sedimentation and stormwater runoff shall be controlled in accordance
with all applicable laws and regulations.
G.
Any booths or other similar structures used for the collection of
admission and/or parking fees shall be set back and arranged to prevent
vehicle backups on adjoining roads during peak arrival periods. The
plan submitted with the zoning permit application shall clearly identify
the location and number of all permanent structures and the location
and number of temporary structures that may be installed. No permanent
or temporary structures may be installed unless the operator of the
event venue has presented a plan to the Township identifying the location
of each such structure. Any other collection of fees, such as by roaming
parking lot attendants, shall be conducted in a manner so as to prevent
vehicle backups on adjoining roads.
H.
All outside pedestrian waiting lines shall be provided with a shade
cover.
I.
All uses involving outdoor activities and/or displays shall provide
sufficient screening and/or landscaping measures to mitigate any visual
and/or audible impacts on adjoining properties shall be set back not
less than 100 feet from all exterior property lines abutting streets
and adjoining properties that are not owned by the same individuals/entities
or affiliated entities. All uses involving outdoor activities, displays
and/or structures and all off-street parking and circulation facilities
shall be set back not less than 150 feet from Newville Road and not
less than 100 feet from North Market Street (SR 0230); provided, however,
gates and supporting structures may be installed along access drives
in setbacks.
J.
All exterior public address systems shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines. Any noise generated on the site must comply with § 240-107F of this chapter.
K.
For purposes of this § 240-115.2, affiliated entities are those entities all of whom are ultimately owned by or controlled by the same individual or entity.
L.
By special exception, the operator of an event venue may conduct
a special event. A special event shall be considered any activity
occurring on the lot containing the event venue where attendance in
a single day is reasonably anticipated to exceed 10,000 persons. The
operator of the event venue shall provide evidence to the Zoning Hearing
Board demonstrating compliance with all of the following:
(1)
Each special event at which attendance in a single day is expected
to exceed 10,000 persons in one day may last for no more than two
consecutive days, but the event may include one pre-event and one
post-event day as part of the special event with attendance at the
pre- and post-event days at less than 10,000 persons.
(2)
The operator of the event venue shall present a parking plan
with the application to the Zoning Hearing Board for approval of the
special event indicating the location of all parking to serve the
special event, the number of vehicles that can be parked in such areas,
and how drivers shall be directed to the parking areas. The issuance
of the special event permit shall be conditioned upon implementing
the parking plan as approved by the Zoning Hearing Board.
(3)
The operator of the event venue shall present a parking plan
with the application to the Zoning Hearing Board for approval of the
special event identifying the locations of all temporary structures
associated with the special event other than those used to collect
tickets, admission fees and/or parking fees shall be located at least
100 feet from all property lines. The issuance of the special event
permit shall be conditioned upon locating the temporary structures
as set forth on the plan as approved by the Zoning Hearing Board.
(4)
If the special event is an outdoor concert or other activity
with amplified sound, the operator of the event venue shall identify
the hours of the special event, the location of the stage or other
areas where speakers will be located, and the measures which will
be taken to prevent noise disturbances on other properties. The issuance
of the special event permit shall be conditioned upon implementing
any noise control measures required by the Zoning Hearing Board.
(5)
If the operator of the event venue has obtained a special exception
authorizing the special event, the operator shall make application
to the Zoning Officer for a special event permit at least one month
prior to the date of the special event. The application shall identify
the special event, the date(s) and time(s) of the special event, the
anticipated attendance at the special event, and, if the operator
of the event venue is not the operator of the special event, the operator
of the special event.
(6)
The operator of the event venue shall provide written documentation
with the application for a special event permit to demonstrate that
the operator has:
(a)
Notified the Police Department of the dates and time of the
special event and the anticipated attendance.
(b)
Notified the Fire Department of the dates and time of the special
event and the anticipated attendance.
(c)
Retained the services of either fire police or a recognized
traffic control company to provide traffic control at the intersection(s)
of the access drive(s) and public streets for the duration of the
special event.
(d)
Has implemented or will implement any conditions imposed by
the Zoning Hearing Board and any plans submitted to the Zoning Hearing
Board.
[Added 12-21-2015 by Ord.
No. 221-2015]
A.
On any lot, no wall, fence or other structure shall be erected, altered,
or maintained and no hedge, tree or other growth shall be planted
or maintained which may cause danger to traffic on a street or to
the ingress or egress of any driveway by obscuring the view.
B.
On corner lots, no structure or growth shall be permitted above the
height of 2 1/2 feet or as may result in a visual obstruction
to the driver within an area which is formed by a triangle where the
two legs of the triangle extended 100 feet from the center-line intersection
of the two intersecting streets.
C.
No posts, fences, trees, boulders, or structures shall be permitted
within the right-of-way.
[Added 12-21-2015 by Ord.
No. 221-2015]
When permitted, drive-through facilities shall be subject to
the following regulations:
A.
The minimum lot size shall be one acre.
B.
A vehicle stacking lane area shall be provided which shall have stacking
room for at least six vehicles for restaurant uses and at least three
vehicles for retail and financial institutions.
C.
Vehicle stacking lanes shall be separated from other vehicle circulation
lanes and parking areas and the stacking area shall not be counted
towards the required parking.
D.
Vehicle stacking lanes shall be set back at least 15 feet from the
street right-of-way and shall not be located within a required yard
setback.
E.
Any outdoor microphone and speaker system shall be so designed that
sound shall not be transmitted to adjoining properties.
F.
Drive-through windows shall be designed to be on the rear or side
wall of a building.
[Added 12-21-2015 by Ord.
No. 221-2015]
Motor vehicle washing facilities shall be subject to the following
requirements:
A.
Public water and sewer facilities shall be used.
B.
Each washing bay shall be provided with a one-hundred-foot on-site
stacking lane.
C.
All structures housing washing apparatus shall be set back 100 feet
from any street line, 50 feet from any rear property line and 20 feet
from any side property line.
D.
Trash receptacles shall be provided and regularly emptied to prevent
the scattering of litter.
E.
Gray water recycling and treatment equipment shall be incorporated
as part of the facility operations. All such equipment shall include
provisions for the collection of waste, grease, oil, soap, wax, and
other materials that cannot be recycled or utilized as part of the
operations.
[Added 12-21-2015 by Ord.
No. 221-2015]
Family/caregiver suites are subject to the following provisions:
A.
Not more than one family/caregiver suite shall be permitted in a
dwelling.
B.
The gross floor area of the suite shall not exceed 500 square feet.
C.
The suite shall have interior access to the rest of the dwelling.
D.
The suite shall not have separate utility service (i.e., electric
meter and water meter).
E.
A floor plan of the suite that also identifies its relationship to
the rest of the dwelling shall be filed with the Zoning Officer.
F.
The property owner shall record a covenant on the property which
identifies where the suite is and the restrictions imposed by this
chapter.
G.
The dwelling in which the suite is located shall have only one main
entrance, and no new entrance shall be permitted on the same side
of the structure as the existing main entrance of the dwelling.
H.
There shall be only one address for the property.
I.
A family/caregiver suite shall not be permitted in a dwelling in
which an accessory dwelling unit is located.
J.
A written statement identifying the person who will provide the care
and the kind of care that will be given must be filed in the office
on the Zoning Officer as to an unrelated resident of the family/caregiver
suite.
[Added 12-21-2015 by Ord.
No. 221-2015]
A.
One accessory dwelling unit may be permitted per principal single-family
detached dwelling.
B.
The owner of the lot shall maintain his or her primary residence
in either the principal or the accessory dwelling unit. The other
dwelling unit shall be occupied by persons related by blood, marriage,
or adoption (including persons receiving foster care) to the lot owner.
C.
Each year the owner of the property shall provide the Township with
a written statement in a form prepared by the Township, together with
the applicable fee certifying compliance with this section. In the
event that the owner fails to comply with this section, the owner
shall be required to reconvert the accessory dwelling unit into part
of the principal dwelling unit or completely remove the accessory
dwelling unit.
D.
One additional off-street parking space shall be provided for the
accessory dwelling unit.
E.
An accessory dwelling unit must be contained in, or attached to,
the principal dwelling.
F.
The addition of an accessory dwelling unit shall be designed so that
the appearance of the building remains that of a single-family detached
dwelling. Any necessary additional entrances or exits shall be located
to the side or rear of the building.
G.
The accessory dwelling unit shall be designed to maintain the architectural
design, style, appearance and character of the main building as a
single-family detached dwelling. If an accessory dwelling unit extends
beyond the current footprint or existing height of the main building,
such an addition must be consistent with the existing facade, roof
pitch, siding and windows.
H.
The maximum size of an accessory dwelling unit shall not exceed 60%
of the principal dwelling total floor area or 1,200 square feet, whichever
is less.
I.
Any on-lot sewage disposal system shall be certified by the Sewage
Enforcement Officer to meet all applicable requirements as a result
of the inclusion or addition of the accessory dwelling unit.
J.
The accessory dwelling unit permit shall be deemed to be automatically
revoked if the Zoning Officer determines that the owner of the property
no longer meets the requirements of this section, upon vacation of
the accessory dwelling unit or principal dwelling unit by the owner
or by the relatives, or if the property is sold.
K.
The addition of an accessory dwelling unit to a single-family detached
dwelling shall conform to all other zoning and building code requirements.
L.
The owner of the property shall present evidence of the recording
of an agreement between the owner and the Township, in a form acceptable
to the Township Solicitor, which sets forth that the occupancy of
the accessory dwelling unit is limited as set forth in this section.
[Added 8-10-2020 by Ord.
No. 239-2020]
Unless otherwise specifically permitted by other sections of
this chapter, in the Limited Commercial (LC) District only, more than
one principal building may be erected on a single lot, provided that
the lot contains only nonresidential uses, and yard and other requirements
of this chapter shall be for the entire lot or area of use regardless
of the number of buildings or structures.
[Added 11-9-2020 by Ord.
No. 242-2020]
A.
Short-term lodging may take place in a structure that would be a
single-family detached dwelling if it were occupied as living quarters
for a single housekeeping unit for a period of 30 or more consecutive
days or units within a multiunit building which would meet the definition
of "apartment house" if each unit were occupied as living quarters
for a single housekeeping unit for a period of 30 or more consecutive
days if the entire multiunit building is owned by the same entity.
B.
A short-term lodging unit in a structure that would be considered
a dwelling unit if it were occupied as living quarters for a single
housekeeping unit for a period of 30 or more consecutive days shall
comply with the minimum lot area, lot width, lot depth, setbacks and
maximum coverage for a dwelling unit of its type in the applicable
zoning district.
D.
The length of stay per transient occupant shall not exceed 30 consecutive
days.
E.
The number of transient occupants shall not exceed two adults per
permitted bedroom.
F.
Events and activities such as, but not limited to, banquets, parties,
weddings, meetings, fundraising, commercial activities, and any other
gathering of persons other than the authorized transient occupants
are prohibited.
G.
It shall be the responsibility of every owner to display the following
information on the premises:
(1)
The address of the property.
(2)
Contact information for the property owner.
(3)
A telephone number to call to register complaints regarding
the physical condition of the premises if the property owner is not
located within 20 miles of the property.
(4)
The evenings on which garbage and recycling are to be placed
curbside for collection.
H.
Short-term lodging shall comply with all applicable federal, state
and local government laws, rules, ordinances and/or regulations, taxes
or fees, including, without limitation, other provisions of this chapter
which would be applicable to the use of the property as a dwelling
unit when not subject to short-term lodging.
I.
Registration required.
(1)
The owner of premises used for short-term lodging/rental shall
submit to the Township proof of registration or listing of the premises
with a reputable broker or agency, specializing in short-term lodging/rental
brokerage. Independent listings on social media or other public, online
classifieds sites shall not be used as proof of registration. Proof
of registration shall be submitted to the Township annually on or
about January 1 of each year and in no case, later than January 15
of each year.
(2)
As part of the required annual registration, the property owner
shall provide the Township with all required information for a designated
contact person, if the property owner is not located within 20 miles
of the property during the period it is used for short-term lodging/rental.
(3)
Operation of short-term lodging without the required annual
registration is a violation of this chapter.
J.
It shall be the duty of every property owner to:
(2)
Be aware of and act to eliminate disruptive conduct on the premises.
(3)
Provide trash and recyclable collection and disposal services
information and instruct occupants of the method of trash and recyclable
collection (e.g., curbside or dumpster and day of pickup).
(4)
Provide the Township with all required information for a designated
contact person when required to do so by this section.
