A.
Vehicular access. Every building hereafter erected
or moved shall be on a lot adjacent to a public street or with vehicular
access to an improved private street, and all structures shall be
so located on lots as to provide safe and convenient vehicular access
for servicing, fire protection and required off-street parking.
B.
Storage. All storage, except for firewood or materials
primarily for agricultural use, shall be completely screened from
view from any public street right-of-way and any residential use which
abuts the lot. All garbage shall be contained in airtight, vermin-proof
containers which shall also be screened from view from any public
street right-of-way or abutting residential use.
D.
Landscaping. Any part or portion of a nonagricultural
use site which is not used for buildings or other structures or off-street
parking or loading facilities shall be planted with an all-season
ground cover approved by the Zoning Officer. It shall be maintained
to provide an attractive appearance, and all nonsurviving ground cover
shall be replaced promptly.
[Amended 4-9-2013 by Ord. No. 190-2013]
The following regulations shall apply for all
existing and proposed lots in the Forest Recreation (FR) Zoning District.
A.
Only those areas necessary for the construction of
structures for which a zoning permit has been issued should be cleared
of existing woodland.
B.
If no subdivision or land development plan is required to be approved
by the Board of Supervisors, a plan showing all proposed development,
construction and/or alteration of land shall be required to be submitted
by the landowner to the Zoning Officer prior to the issuance of a
zoning permit.
C.
Stormwater management plans and data designed in accordance with Chapter 93, Stormwater Management, shall be required for any increase in impervious cover or other change in cover conditions that results in an increase in runoff in the post-development condition from the predevelopment condition.
A.
All agricultural uses shall comply with the following
general requirements:
(1)
All grazing or pasture areas shall be fenced.
(2)
All manure storage structures shall be constructed
in accordance with Soil Conservation Service specifications.
(3)
Any in-ground manure pits shall have a six-foot fence
enclosing them.
(4)
Livestock shall be raised in accordance with normal
farming operations. Normal farming operations shall be considered
customary and generally accepted activities, practices and procedures
that livestock operations in Lancaster County adopt, use and engage
in year after year.
(5)
All dead livestock shall be butchered, slaughtered,
incinerated, frozen or delivered to a rendering plant or disposed
of in an acceptable composting facility within 48 hours of the death
of the animal. All dead animals shall be stored in a container or
building.
(6)
The display and sale of locally produced food and
agricultural products shall be permitted provided that:
(a)
At least 50% of such products shall have been
produced on the property on which they are offered for sale.
(b)
Parking space for at least three cars shall
be provided behind the street right-of-way line.
(c)
Sale of farm products shall be conducted from
either a portable stand located behind the street right-of-way line
and which will be dismantled at the end of the growing season or from
a permanent building located a minimum of 50 feet from the street
right-of-way line.
(d)
No more than one, nonilluminated, advertising sign is permitted on the lot selling locally produced food and agricultural products, provided it is only displayed during the growing season and does not exceed 24 square feet in area. The sign shall be removed when the display or sales of the agricultural products ceases during the calendar year. The location of the sign in all other aspects shall comply with § 110-84H(4) and (5).
[Added 5-11-2010 by Ord. No. 171]
(7)
The minimum front, side and rear yard depth for all
agricultural buildings shall be 50 feet. There shall be no minimum
interior distance between farm buildings.
B.
Notwithstanding anything contained in this chapter
to the contrary, all manure and agricultural facilities and buildings,
including poultry-houses and livestock facilities, shall be managed
in a manner so as to prevent pollution and in accordance with all
existing and future environmental statutes and regulations, including
the Pennsylvania Clean Streams Law.[1] Failure to follow the manure management practices described
in Manure Management for Environmental Protection, published by DER
in October 1986, together with any technical supplements to said publication
or with the provisions of any permit issued by DER, shall be considered
a violation of this chapter.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
C.
Intensive agricultural operations shall comply with
the following requirements:
(1)
Structures used for housing and/or feeding animals
which represent the intensive agricultural use shall not be located
closer than the following minimum setbacks:
(a)
Seventy-five feet to all street right-of-way
lines.
(b)
Fifty feet to all property lines.
(c)
Five hundred feet to the boundary of the RL,
RM and NC Zoning Districts; provided, however, that if the intensive
agricultural operation shall be located within the RL, RM or NC Zoning
District, 500 feet to all property lines.
(d)
Two hundred feet to all dwellings located on
adjacent properties or any lots of record less than three acres in
size.
(2)
A minimum lot size of 10 acres is required.
A.
Manufactured homes shall either be located in a manufactured
home park or be considered as a dwelling as regulated by this chapter.
B.
All dwellings shall comply with the following requirements:
(1)
The foundation of the dwelling shall be an entire
perimeter wall, either of concrete or masonry construction, extending
from below the frost line to the underside of the dwelling.
(2)
The dwelling shall be attached to the foundation wall
by anchor bolts or similar attachments approved by the Zoning Officer.
C.
In the event a dwelling was formerly a manufactured
home, the entire running gear and any towing apparatus shall be removed.
D.
No more than six dwelling units may be attached together
in a townhouse dwelling. The entirety of a townhouse dwelling must
be located on one lot, and individual dwelling units within a townhouse
dwelling may not be located on separate lots. Multiple townhouse dwellings
may be located on the same lot when in accordance with the dimensional
requirements applicable to the relevant zoning district.
[Amended 4-9-2019 by Ord.
No. 221-2019]
E.
No more than 12 dwelling units may be located in an
apartment dwelling. The entirety of an apartment dwelling must be
located on one lot, and individual dwelling units within an apartment
dwelling may not be located on separate lots. Multiple apartment dwellings
may be located on the same lot when in accordance with the dimensional
requirements applicable to the relevant zoning district.
[Amended 4-9-2019 by Ord.
No. 221-2019]
A.
Background. The Township recognizes the need to establish
regulations pertaining to home-based occupations as a result of the
increased need for the diversity of income for farmers to help offset
the rising cost of living. Such regulations must be developed in a
manner which protects adjacent agricultural uses from adverse effects.
Since home-based occupations in sparsely populated areas do not typically
represent a significant threat to adjacent property owners, the Township
has created regulations for family farm support businesses in order
to promote and preserve family farms within the Township.
B.
Purpose. It is the intent of this section to establish
regulations which permit family farm support businesses to supplement
farm incomes in a manner which will not adversely affect the agricultural
use of the land and to ensure the compatibility of such uses with
farming and other uses permitted within the same zoning district.
C.
Conditions. All properties containing a family farm
support business shall comply with the following:
(1)
The business must be owned and operated by a person
in residence on the farm.
(2)
The business must be located on a property of at least
10 acres in lot size, actively used for farming, and the principal
use of the property must be as a farm.
[Amended 5-11-2010 by Ord. No. 171]
(3)
Examples of family farm support businesses shall include
the following: agricultural equipment repair; welding; small machine
repair; painting service; fencing service; sharpening service; livestock
grooming; shearing or trimming services; agricultural consulting service;
specialized small agricultural equipment and/or parts manufacturing;
small-scale feed or fertilizer franchise; butcher shops; blacksmith
shops; carriage shop or harness shop, woodworking or other similar
enterprises associated with indigenous agrarian culture as determined
by the Zoning Hearing Board.
(4)
No more than eight persons, either related or nonrelated,
shall be employed in such family farm support business.
[Amended 6-12-2018 by Ord. No. 217-2018]
(5)
The building footprint of any and all structures used
to engage in the family farm support business activities shall not
exceed 5,000 square feet, except that the building footprint may be
increased when an applicant establishes that the structures will be
sited on nonproductive/nontillable agricultural soils and does not
have an adverse effect upon the existing agricultural uses of the
farm. Additional storage for the business can be provided for within
all of the following:
[Amended 6-12-2018 by Ord. No. 217-2018]
(a)
An enclosed attached or detached storage space not to exceed
2,500 square feet;
(b)
An agriculture building that existed prior to the application
for the business use can be used for storage when its interior or
exterior appearance will not be altered in any way that would prevent
it from any future use as an agriculture building;
(c)
An outdoor storage area screened from the view of any adjoining
residential dwelling within 500 feet; and
(d)
Other storage as determined by the Zoning Hearing Board to be
consistent with the surrounding neighborhood.
(6)
The maximum building height shall not exceed 35 feet.
(7)
A family farm support business shall limit any external evidence of an occupation to one nonilluminated sign, subject to Article IX.
(8)
No traffic shall be generated by the family farm support
business in greater volumes than would normally be expected in a rural
area.
(9)
A family farm support business shall not produce noise,
obnoxious odors, vibrations, lighting glare, fumes, smoke or electrical
interference detectable to normal sensory perception at lot lines.
(10)
There shall be no illegal discharge of any materials,
fluids or gasses into the sewage disposal facilities or in any other
manner which would be in violation of any applicable government code.
D.
Application and permitting procedure. Family farm
support businesses shall be subject to the following application and
approval process:
(1)
The applicant shall demonstrate compliance with the
requirements of this chapter and shall request a special exception
from the Zoning Hearing Board.
(2)
If a special exception is granted, the applicant shall
apply for a family farm support business permit from the Zoning Officer.
(3)
The Zoning Officer shall review the application for
compliance with this Zoning Chapter, and any conditions imposed upon
the granting of the special exception by the Zoning Hearing Board,
visit the property if deemed necessary and approve or deny the application
for the family farm support business permit.
E.
Annual survey and inspection of family farm support businesses. Once
each year the Township shall forward a survey to each person who has
been granted Zoning Hearing Board approval to operate a family farm
support business or who commenced the operation of a family farm support
business before approval of the Zoning Hearing Board was required.
Such survey shall request information to determine continued compliance
with the requirements of this section and any conditions imposed upon
the granting of the special exception by the Zoning Hearing Board,
including but not limited to the number of employees, area devoted
to the family farm support business and hours of operation. The Zoning
Officer shall, on an annual basis, visit and inspect each property
upon which a family farm support business is operated in order to
determine the accuracy of statements made on the annual survey. The
making of false statements on the annual survey and the failure to
cooperate with the annual inspection shall each be a violation of
this Zoning Chapter. Failure to return the annual survey shall be
considered evidence that the use has been discontinued.
[Amended 5-14-2013 by Ord. No. 192-2013]
F.
Administrative fee. The Township may from time to time establish
by resolution various fees (including annual fees) for the administration
of the application, survey, and inspection provisions set forth in
this section. All such fees shall be based upon the Township's actual
cost of administering this section and shall be set forth on a fee
schedule made available to the general public.
[Added 5-14-2013 by Ord. No. 192-2013]
A.
Background. The Township recognizes the need to establish
regulations pertaining to home-based occupations as a result of the
increased need for the diversity of income to help offset the rising
cost of living. Home occupations will particularly benefit individuals
with physical disabilities as well as those having to care for children
or the elderly within their home. The Township also recognizes the
potential benefits to the local community which could be realized
by those seeking services or goods supplied through home occupations.
B.
Purpose. It is the intent of this section to establish
regulations which will permit home occupations in a manner which will
preserve the peace, quiet and tranquility of residential neighborhoods
and to ensure the compatibility of such uses with other uses permitted
within the same zoning district.
C.
Conditions. All dwellings containing a home occupation
shall comply with the following:
(1)
The person primarily responsible for the home occupation
shall be a full-time resident of the dwelling.
(2)
No more than two persons not in residence in the dwelling
shall be employed in a home occupation.
(3)
No more than 25% of the floor area, excluding attics,
garages and basements, of the dwelling may be used for the practice
of a home occupation.
(4)
No more than one home occupation shall be permitted
within any single dwelling unit.
(5)
No displays or change in the building facade shall
indicate from the exterior that the dwelling is being utilized for
purposes other than a dwelling.
(6)
A home occupation shall limit any external evidence of an occupation to one nonilluminated sign, subject to Article IX.
(7)
To prevent on-street parking, the resident responsible
for the home occupation shall schedule client appointments and shall
provide adequate off-street parking.
(8)
The storage of materials, products or machinery used
for the home occupation shall be wholly enclosed by the dwelling,
within the maximum floor area previously defined, and shall not be
visible from any adjacent lot or street.
(9)
The home occupation shall be conducted entirely within
the dwelling.
(10)
Deliveries shall not restrict traffic circulation.
(11)
No traffic shall be generated by the home occupation
in greater volumes than would normally be expected in a residential
neighborhood.
(12)
A home occupation shall not produce noise, obnoxious
odors, vibrations, lighting glare, fumes, smoke or electrical interference
detectable to normal sensory perception outside the structure.
(13)
There shall be no illegal discharge of any materials,
fluids or gases into the sewage disposal facilities or in any other
manner which would be in violation of any applicable government code.
(14)
Sales of goods on the premises shall be limited
to:
(15)
Home occupations utilizing or proposing to utilize
explosive or highly flammable materials shall require proof of Fire
Department notification and compliance with the Township Building
Code prior to using such materials.
D.
Application procedure. Home occupations shall be subject
to the following application and approval process:
(1)
The applicant shall demonstrate compliance with the
requirements of this chapter and shall request a special exception
from the Zoning Hearing Board.
(2)
If a special exception is granted, the applicant shall
apply for a home occupation permit from the Zoning Officer.
(3)
The Zoning Officer shall review the application for
compliance with this Zoning Chapter and any conditions imposed upon
the granting of the special exception by the Zoning Hearing Board,
visit the dwelling if deemed necessary and approve or deny the application
for the home occupation permit.
E.
Annual survey and inspection of home occupations. Once each year
the Township shall forward a survey to each person who has been granted
Zoning Hearing Board approval to operate a home occupation or who
commenced the operation of a home occupation before approval of the
Zoning Hearing Board was required. Such survey shall request information
to determine continued compliance with the requirements of this section
and any conditions imposed upon the granting of the special exception
by the Zoning Hearing Board, including but not limited to the number
of employees, area devoted to the home occupation and hours of operation.
The Zoning Officer shall, on an annual basis, visit and inspect each
property upon which a home occupation is operated in order to determine
the accuracy of statements made on the annual survey. The making of
false statements on the annual survey and the failure to cooperate
with the annual inspection shall each be a violation of this Zoning
Chapter. Failure to return the annual survey shall be considered evidence
that the use has been discontinued.
[Amended 5-14-2013 by Ord. No. 192-2013]
F.
Exceptions to the application, survey, and inspection procedure. The application, survey, and inspection procedure contained in Subsections D and E shall not be required for home occupations which comply with all of the conditions of Subsection C, as well as the following.
[Amended 5-14-2013 by Ord. No. 192-2013]
(1)
The total number of visitations by nonresidents for business purposes
shall not exceed 12 visitations per year.
(2)
All persons involved in the occupation shall be full-time residents.
(3)
There shall be no evidence from the exterior that the dwelling is
being utilized for purposes other than a dwelling.
(4)
No signs shall be utilized.
G.
Administrative fee. The Township may from time to time establish
by resolution various fees (including annual fees) for the administration
of the application, survey, and inspection provisions set forth in
this section. All such fees shall be based upon the Township's actual
cost of administering this section and shall be set forth on a fee
schedule made available to the general public.
[Added 5-14-2013 by Ord. No. 192-2013]
[Amended 4-12-2005 by Ord. No. 151]
Manufactured home parks are permitted within
the RM District by special exception subject to the following criteria:
A.
The minimum size of a manufactured home park shall
be 10 acres.
B.
Public water shall be supplied to all dwellings within
a manufactured home park. Such system shall be installed according
to the requirements of the DER.
C.
Manufactured home parks shall be served by a public
sewer system. If the public sewer system is privately owned, the owner
of the manufactured home park shall prepare an evaluation of the various
sewage disposal alternatives which addresses the following:
(1)
The cost of extending existing public sewers, owned
by the Northern Lancaster County Authority or other sewer authority,
to the site. This shall address the length of the extension, potential
methods of conveyance and the ability of the existing public sewer
system to accommodate flows from the site.
(2)
The cost of the privately owned public sewer system,
including installation, operation and maintenance costs, in comparison
to the costs associated with the extension of existing sewer lines
to the site. This shall also provide adequate justification for the
selection of the privately owned public sewer system.
(3)
Financial assurances for the repair or replacement
of the privately owned system.
D.
The density of a manufactured home park shall not
exceed five units per acre.
E.
With the exception of corner lots, manufactured home
lots shall contain a front yard, two side yards and a rear yard which
shall comply with the following requirements. The minimum lot area
and required front yard shall be measured from the edge of pavement
of the interior roads within the manufactured home park.
F.
All accessory buildings shall not be located closer
than 10 feet to any adjacent manufactured home lot. Likewise, all
patios, porches and decks shall not be located within any required
front, side or rear yard.
G.
All manufactured home parks shall be screened from
view of all adjacent properties from ground level to a minimum height
of six feet. Such screening may consist of an earthen berm and/or
evergreen plantings with trees having a minimum size of six feet in
height at the time of planting. Such screening shall be provided within
a perimeter landscape buffer which is a minimum width of 50 feet.
H.
At least 25% of the gross acreage of the mobile home
park shall be devoted to active and/or passive recreational areas.
Responsibility for the maintenance of the recreational areas shall
be with the landowner and/or the operator. Should the landowner and/or
operator neglect to maintain the designated recreational areas, the
Township may then maintain said areas and assess the landowner for
any costs incurred.
I.
Each manufactured home shall be placed on a frost-free
concrete pad which is equal to or greater than the dimensions of the
manufactured home or piles constructed of concrete or masonry which
shall extend to the frost line of the locality. Each parking space
for manufactured homes shall be provided with devices for anchoring
the unit to prevent overturning or uplifting as outlined in the BOCA
Building Code.[2] Skirting is also required between the manufactured home
and the pad and shall be comprised of the same color and like material
as the manufactured home.
J.
Interior manufactured home park roads shall provide
access to all manufactured homes. Such roads shall be paved with an
all-weather dust-free surface at least 20 feet wide for two-way roads,
and 12 feet wide for one-way roads. If on-street parking is provided,
such minimum widths shall be increased by 10 feet for each lane of
parking.
K.
The owner of the manufactured home park shall make
certain that zoning and building permits are obtained prior to the
construction or installation of all structures on the premises.
All campgrounds shall comply with the following
requirements:
A.
The minimum site shall be not less than 50 acres.
B.
A minimum of 20% of the gross area of the campground
shall be devoted to active and passive recreational facilities. Responsibility
for maintenance of the recreation area shall be with the landowner.
C.
A landscape screen shall be provided between the campground
and any abutting property unless natural or physical man-made barriers
exist.
D.
Any swimming pools, recreation centers, clubhouses,
rest rooms or other similar areas of high use or noise potential shall
be located not less than 200 feet from all property lines.
E.
Every campground shall have an office in which shall
be located the office of the person responsible for the operation
of the campground.
F.
All drinking water used in the operation of a campground
shall be provided from a supply approved by the DER.
G.
All sewage disposal systems serving a campground shall
be approved by the DER.
H.
Rest rooms with toilet and water facilities shall
be provided on the premises of each campground for the use of the
employees and occupants of the campground. These facilities shall
be approved by the DER.
I.
Solid waste disposal and vector control shall be the
responsibility of the campground landowner and shall be performed
in accordance with the requirements of the DER.
J.
All lighting shall be arranged and shielded so that
no glare or direct illumination shall be cast upon adjacent properties
or public streets.
K.
Roads within the campground shall have a minimum width
of 12 feet for one-way streets and 20 feet for two-way streets. Vehicular
access to campsites shall be provided only by way of the road network
within the campgrounds.
M.
The expansion of an existing campground shall require
a special exception based on the provisions of this section.
N.
Camping sites shall be located a minimum of 100 feet
from any public street right-of-way and 50 feet from any side or rear
property line.
O.
The applicant shall provide a plan of the proposed
campground or expansion thereto, at a scale of one inch equals 100
feet or of greater detail, which demonstrates full compliance with
this Zoning Chapter and any other applicable municipal regulations.
Such plan shall show the location of all existing and proposed structures,
roads and camping sites.
P.
The owner of the campground shall make certain that
zoning and building permits are obtained prior to the construction
or installation of all structures on the premises. This provision
includes structures proposed on camping sites other than tents or
campers.
All commercial uses shall comply with the following
requirements:
A.
No use shall emit any odor perceptible at the lot
boundaries.
B.
No glare shall be allowed which is perceptible at
the lot boundaries.
C.
Noise emanating from a use shall not exceed the level
of ordinary conversation at the lot boundaries. Short, intermittent
noise peaks may be permitted if they do not exceed normal traffic
noise peaks at any point on the lot boundaries.
D.
Establishments furnishing carts or mobile baskets
shall provide definite areas on the site for the storage of the carts
which shall be clearly marked and designated for storage.
A.
No use shall emit obnoxious, toxic or corrosive fumes
or gases.
B.
No use shall emit odors which are perceptible at the
lot lines.
C.
No use shall emit smoke from the primary activities
of plant operations.
D.
No use shall discharge into the air dust or other
particulate matter.
E.
No use shall produce any heat or glare perceptible
at or beyond the lot boundaries.
F.
No use shall utilize lighting in a manner which produces
glare perceptible at or beyond the lot boundaries.
G.
No use shall permit physical vibrations perceptible
at or beyond the lot boundaries.
H.
No use shall produce electromagnetic radiation or
injurious radioactive emissions.
I.
No use shall engage in the reproduction or storage
of any material designed for use as an explosive.
J.
No use shall engage in the storage of objectionable
waste material on the lot for any period beyond 30 days.
K.
No use shall discharge any untreated or potentially
dangerous effluent from plant operations.
L.
No use shall cause the sound level beyond its property
lines to exceed the following sound-pressure levels as measured in
decibels on an A-weighted scale (SPL-dBA), with the exception of noises
produced by automobiles, trucks, airplanes, railroads, safety signals,
warning devices and emergency pressure relief valves:
|
Octave Band
(cycles per second)
|
Maximum SPL-dBA
| |
|---|---|---|
|
0 to 74
|
74
| |
|
75 to 149
|
59
| |
|
150 to 299
|
52
| |
|
300 to 599
|
46
| |
|
600 to 1,199
|
42
| |
|
1,200 to 2,399
|
39
| |
|
2,400 to 4,800
|
36
| |
|
Above 4,800
|
33
|
M.
All principal and accessory uses shall comply with
all existing, applicable state and federal laws, rules and regulations
dealing with noise, environmental health and pollution standards.
All solid waste disposal sites, quarries, natural
resource extraction operations and junkyards shall comply with the
following requirements:
A.
No use shall emit fumes or gases that constitute a
health hazard as defined by the United States Environmental Protection
Agency or other appropriate regulatory agency.
B.
No use shall produce heat or offensive glare perceptible
at or beyond the property line.
C.
No use shall utilize lighting in any manner which
produces glare onto public streets or other tracts of land.
D.
No use shall produce any physical vibrations perceptible
at or beyond the property line in excess of the following maximum
levels:
|
Frequency
(cycles per second)
|
Displacement
(thousandths of an inch)
| |
|---|---|---|
|
0 to 5
|
17.0
| |
|
6 to 10
|
4.0
| |
|
11 to 20
|
1.3
| |
|
21 to 30
|
0.7
| |
|
31 to 40
|
0.5
| |
|
Greater than 40
|
0.4
|
E.
The production or storage of any material designed
for use as an explosive in a manner which has the potential to endanger
surrounding properties is prohibited.
F.
No use shall discharge any untreated or improperly
treated effluent or leachate which constitutes a health risk or a
risk of pollution of ground- or surface waters by virtue of its composition
and/or concentration.
G.
No use shall discharge effluent which will raise the
temperature of any stream or creek more than five degrees Fahrenheit
above normal at a point 10 feet downstream of the discharge.
H.
No use shall cause the sound level beyond its property
lines to exceed the following sound-pressure levels as measured in
decibels on an A-weighted scale (SPL-dBA), with the exception of noises
produced by automobiles, trucks, airplanes, railroads, safety signals,
warning devices and emergency pressure relief valves:
|
Octave Band
(cycles per second)
|
Maximum SPL-dBA
| |
|---|---|---|
|
0 to 74
|
74
| |
|
75 to 149
|
59
| |
|
150 to 299
|
52
| |
|
300 to 599
|
46
| |
|
600 to 1,199
|
42
| |
|
1,200 to 2,399
|
39
| |
|
2,400 to 4,800
|
36
| |
|
Above 4,800
|
33
|
I.
No use shall unduly disturb bodies of water, watercourses
or wetlands or jeopardize the water supply of adjacent landowners.
J.
The following minimum setbacks shall be maintained
between all property lines and road rights of way:
(1)
Quarry pits or ditches and solid waste disposal areas
shall be set back a minimum of 500 feet.
(2)
Junk storage areas shall be set back a minimum of
100 feet.
(3)
All structures shall be set back a minimum distance
equal to the height of such structures unless a greater distance is
required by other municipal, state or federal regulations. In addition,
structures used for the processing of quarried material shall be set
back a minimum of 500 feet.
(4)
Parking and loading and/or unloading areas for quarries,
natural resource extraction operations and solid waste disposal facilities
shall be set back a minimum of 300 feet.
(5)
Parking and loading and/or unloading areas for junkyards
shall be set back a minimum of 100 feet.
K.
The minimum lot size for quarries and solid waste
disposal sites shall be 50 acres.
L.
The minimum lot size for junk yards shall be five
acres.
M.
All such uses shall be screened from view of all adjacent
properties from ground level to a minimum height of six feet. Such
screening may consist of an earthen berm and/or evergreen plantings
with trees having a minimum size of six feet in height at the time
of planting. Such screening shall be provided within a perimeter landscape
buffer which has a minimum width of 50 feet.
N.
Fencing and gates shall be erected around all quarry
pits and solid waste disposal sites. Such fencing and gates shall
not be located closer than 25 feet to any adjacent property, shall
contain barbed wire on the top of the fencing and gates and shall
have a minimum height of six feet, not including the barbed wire.
O.
Sufficient stacking lanes into the facility shall
be provided to avoid the obstruction of vehicles on public roads.
P.
All driveways onto the site of a quarry or solid waste
disposal operation shall be paved for a distance of at least 200 feet
from the street right-of-way. In addition, a fifty-foot-long gravel
section of driveway shall be placed just beyond the preceding two-hundred-foot
section of driveway to assist with the removal of mud from the wheels
of vehicles.
Q.
Litter control shall be exercised to prevent the scattering
of wind-borne debris.
R.
Any waste that cannot be used in any disposal process
or material that is to be recycled shall be stored in a leak- and
vectorproof manner.
S.
The operator of any disposal site, quarry, natural
extraction operation or junkyard shall permit the Township to monitor
all emissions, effluent discharges, odors and noise on site, at all
stages of operation, on a twenty-four-hour basis.
T.
The operator of the facility shall comply with all
applicable regulations of DER, the Environmental Protection Agency
and any other applicable agency and with all federal, state, county
and Township laws in the operation of the use.
U.
The operator of the facility shall limit access to
the site to those posted times when an attendant is on duty.
V.
The operator of the facility shall maintain and make
available to the public at its offices all permits and approved plans
required by all governmental regulatory agencies having jurisdiction
over the permitting, operation, maintenance and/or reclamation of
such a facility.
W.
Any certificate of use and occupancy for such a facility
shall initially be temporarily issued and shall be conditioned upon
the applicant's operating in compliance with the foregoing standards.
The site shall be inspected by the Township Engineer or another agent
of the Township after such time as is set forth in the decision of
the Zoning Hearing Board which authorized the special exception to
permit the use, or not later than one year after issuance of the temporary
use and occupancy permit if no time is so fixed. The purpose of the
inspection shall be to ensure compliance with these standards and
other applicable standards. If the site is in compliance, a permanent
use and occupancy permit shall be issued. If the site is not in compliance,
the temporary use and occupancy permit shall be revoked, and all operations
shall cease until compliance is attained.
Y.
The impact of quarries, natural resource recovery
operations and solid waste disposal facilities on road conditions
shall be evaluated, and the owner of such facilities shall enter into
a contract with the Township, which sets forth the responsibilities
of the owner, including road maintenance which is needed as a result
of the operation, necessary improvements prior to the conduct of the
operation and a commitment to restore or reconstruct the roads to
current conditions when the use is discontinued. Such evaluation shall
address the following criteria as well as the standards established
in the Pennsylvania Code Title 67, Chapter 201, Subchapter G:
(1)
A pavement analysis, including pavement borings every 1/2
mile along all Township roads which are considered to be within the
major routes of travel for vehicles utilizing the facility. This analysis
shall also include the recording of existing pavement conditions through
the use of a video cassette recorder or similar device to assist in
future evaluations of the impact of the facility on Township roads.
A copy of the video tape shall be provided to the Township.
(2)
A geometric review, including vertical and horizontal
clearance, vertical and horizontal alignment and roadway widths.
(3)
The ability of existing roadways to safely accommodate
a mixture of automobiles and fully loaded trucks based on traffic
speeds, slopes and signage.
Z.
Stormwater shall be drained in a manner which does
not result in chemical residues or other pollutants being discharged
from the site in levels which are in excess of the regulations of
DER, the Environmental Protection Agency and any other applicable
county, state or federal agency.
A.
The location of any structure, building or other installation
for the purpose of servicing any public utility shall be subject to
the following requirements:
(1)
A plan shall be filed with the Zoning Officer indicating
the location of all existing and proposed structures, buildings or
other installations.
(2)
No minimum lot area shall be required; however, no
building, structure or other installation shall be nearer than 15
feet to any property line unless the specific nature of a utility
warrants its placement elsewhere.
B.
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.
[Amended 4-12-2005 by Ord. No. 151; 3-8-2016 by Ord. No. 209-2016]
All uses and structures within the Floodplain District shall
comply with the regulations of the Brecknock Township Floodplain Management
Ordinance.[1]
A.
Background. The Township recognizes the need to establish
regulations pertaining to home-based occupations as a result of the
increased need for the diversity of income to help offset the rising
cost of living. Such regulations must be developed in a manner which
protects adjacent uses from adverse effects. Since home-based occupations
in sparsely populated areas do not typically represent a significant
threat to adjacent property owners, the Township has created regulations
for cottage industries.
B.
Purpose. It is the intent of this section to establish
regulations which permit cottage industries in a manner which will
not adversely affect the rural atmosphere and to ensure the compatibility
of such uses with other uses permitted within the same zoning district.
It is also the Township's intent to direct cottage industries to nonresidential
zoning districts.
C.
Conditions. All properties containing a cottage industry
shall comply with the following:
(1)
The person primarily responsible for the cottage industry
shall be a full-time resident.
(2)
No more than two persons not in residence in the dwelling
shall be employed in a cottage industry.
(3)
The cottage industry shall be conducted entirely within
the dwelling and/or accessory building on the same lot as the dwelling.
(4)
The total floor area of the cottage industry shall
not exceed 1,000 square feet.
(5)
A cottage industry shall not be located on a lot which
is less than two acres in size.
(6)
An accessory building utilized for a cottage industry
shall comply with all lot coverage and yard requirements contained
in the applicable zoning district regulations for single-family detached
dwellings.
(7)
No more than one cottage industry shall be permitted
on any lot.
(8)
No displays or change in the building facade shall
indicate from the exterior that the dwelling or accessory building
is being utilized for purposes other than a dwelling or accessory
building.
(9)
A cottage industry shall limit any external evidence of an occupation to one nonilluminated sign, subject to Article IX.
(10)
To prevent on-street parking, the resident responsible
for the cottage industry shall provide adequate off-street parking.
(11)
Storage of materials, finished products or machinery
used for the cottage industry shall be wholly enclosed by the dwelling
or accessory building, within the maximum floor area previously defined,
and shall not be visible from any adjacent lot or street.
(12)
Deliveries shall not restrict traffic circulation.
(13)
No traffic shall be generated by the cottage
industry in greater volumes than would normally be expected in a rural
area.
(14)
A cottage industry shall not produce noise,
obnoxious odors, vibrations, lighting glare, fumes, smoke or electrical
interference detectable to normal sensory perception outside the structure.
(15)
There shall be no illegal discharge of any materials,
fluids or gases into the sewage disposal facilities or in any other
manner which would be in violation of any applicable government code.
(16)
Sales of goods on the premises shall be limited
to:
D.
Application procedure. Cottage industries shall be
subject to the following application and approval process:
(1)
The applicant shall demonstrate compliance with the
requirements of this chapter and shall request a special exception
from the Zoning Hearing Board.
(2)
If a special exception is granted, the applicant shall
apply for a cottage industry permit from the Zoning Officer.
(3)
The Zoning Officer shall review the application for
compliance with this Zoning Chapter and any conditions imposed upon
the granting of the special exception by the Zoning Hearing Board,
visit the site if deemed necessary and approve or deny the application
for the cottage industry permit.
E.
Annual survey and inspection of cottage industries. Once each year
the Township shall forward a survey to each person who has been granted
Zoning Hearing Board approval to operate a cottage industry or who
commenced operation of a cottage industry before approval of the Zoning
Hearing Board was required. Such survey shall request information
to determine continued compliance with the requirements of this section
and any conditions imposed upon the granting of the special exception
by the Zoning Hearing Board, including but not limited to the number
of employees, area devoted to the cottage industry and hours of operation.
The Zoning Officer shall, on an annual basis, visit and inspect each
property upon which a cottage industry is operated in order to determine
the accuracy of statements made on the annual survey. The making of
false statements on the annual survey and the failure to cooperate
with the annual inspection shall each be a violation of this Zoning
Chapter. Failure to return the annual survey shall be considered evidence
that the use has been discontinued.
[Amended 5-14-2013 by Ord. No. 192-2013]
F.
Administrative fee. The Township may from time to time establish
by resolution various fees (including annual fees) for the administration
of the application, survey, and inspection provisions set forth in
this section. All such fees shall be based upon the Township's actual
cost of administering this section and shall be set forth on a fee
schedule made available to the general public.
[Added 5-14-2013 by Ord. No. 192-2013]
A.
Purpose. Recognizing the growing need for child day-care facilities, it is the intent of the Township to encourage the establishment of such facilities in a manner which will preserve the character of residential neighborhoods while meeting the operational and physical standards of the Pennsylvania Department of Public Welfare (DPW). Home child-care facilities are not subject to the requirements for home occupations (§ 110-41).
B.
Application of regulations. The provisions of this
section shall apply to child care facilities providing service for
part of a twenty-four-hour day for children under 16 years of age
by persons giving care (excluding care provided by relatives). Child-care
facilities shall include family day-care homes, group day-care homes
and day-care centers, all of which are subject to Chapter II, Sections
8A, 8B and 8C of the DPW Social Services Manual Regulations. This
section does not apply to baby-sitting (as defined by this chapter)
or child day-care service furnished in places of worship during religious
services.
C.
General provisions. The following general provisions
apply to all child day-care facilities:
(1)
All child day-care facilities shall comply with all
current DPW regulations, including those standards governing adequate
indoor space, accessible outdoor play space and any applicable state
or local building and firesafety codes.[1]
(2)
The operator of a day-care facility will allow appropriate
representatives of the municipality to enter the property to inspect
such use for compliance with the requirements of this chapter.
(3)
No portion of a child day-care facility shall be located
within a three-hundred-foot distance from any potentially hazardous
land use or activity which could pose a threat to the safety of the
children, staff or other occupants of the facility.
(4)
Hours of outside play shall be limited to the hours
of 8:00 a.m. and sunset, as defined by the National Weather Service.
(5)
An outdoor play area, as required by DPW regulations,
shall be provided and shall not be located in the front yard.
(6)
Child day-care facilities utilizing or proposing to
utilize an on-lot sewage disposal system shall obtain a written statement
from the Township Sewage Enforcement Officer certifying that the system
is properly designed to accommodate the use and that there are no
apparent signs of system failure.
(7)
Adequate off-street parking and dropoff areas shall
be provided.
(8)
Hazardous areas, such as open drainage ditches, wells,
holes, arterial or major collector roads, shall be fenced to restrict
children from these areas. Natural or physical barriers may be used
in place of fencing, so long as such barriers functionally restrict
children from these areas.
(9)
The expansion of a family day-care home to a group
day-care home or the expansion of a group day-care home to a day-care
center shall require a special exception.
(10)
When applying for a special exception, the applicant
shall submit a plan showing any existing or proposed outdoor play
areas, outdoor play equipment, fencing, access drives, adjacent streets,
adjacent hazardous land uses, on-site hazardous areas (as previously
defined), merchandise delivery areas, on-lot sewage disposal facilities,
parking spaces and the child dropoff circulation pattern.
D.
Family day-care homes. In addition to the provisions of Subsection C, family day-care homes shall comply with the following:
(1)
The facility must have an approved and currently valid
DPW registration certificate. Proof of DPW registration renewal must
be supplied to the Township every two years.
(2)
Any external evidence of such use shall be limited to one nonilluminated sign (subject to § 110-84B).
(3)
Family day-care homes shall only be permitted in single-family
detached dwellings or single-family semidetached dwellings.
E.
Group day-care homes. In addition to the provisions of Subsection C, group day-care homes shall comply with the following:
(1)
The facility must have an approved and currently valid
DPW license. Proof of DPW annual license renewal must be supplied
to the Township every year.
(2)
Any external evidence of such use shall be limited to one nonilluminated sign (subject to § 110-84B).
(3)
A fence with a minimum height of four feet shall physically
contain the children within the outdoor play area. Natural or physical
barriers may be used in place of fencing so long as such barriers
functionally contain children.
(4)
Group day-care homes shall only be permitted in single-family
detached dwellings.
F.
Day-care centers. In addition to the provisions of Subsection C, day-care centers shall comply with the following:
(1)
The facility must have an approved and currently valid
DPW license. Proof of DPW annual license renewal must be supplied
to the Township every year.
(2)
A fence with a minimum height of four feet shall physically
contain the children within the outdoor play area. Natural or physical
barriers may be used in place of fencing so long as such barriers
functionally contain children.
(3)
If the facility has access to streets of different
classifications, access shall be provided using the street of lesser
functional classification.
(4)
Play equipment shall be located at least 10 feet from
an abutting property line.
(5)
All pedestrian pathways shall be adequately lit for
safety if utilized during nondaylight hours. Specific areas for lighting
are entranceways, pedestrian access to the outdoor play areas, sidewalks,
dropoff areas, merchandise delivery areas and all parking lots.
G.
Application procedure. Child-care facilities shall
be subject to the following application and approval process:
(1)
The applicant shall demonstrate compliance with the
requirements of this chapter and shall request a special exception
from the Zoning Hearing Board.
(2)
If a special exception is granted, the applicant shall
apply for a child-care facility permit from the Zoning Officer.
(3)
The Zoning Officer shall review the application for
compliance with this Zoning Chapter and any conditions imposed upon
the granting of the special exception by the Zoning Hearing Board,
visit the facility if deemed necessary and approve or deny the application
for the child-care facility permit.
H.
Annual survey and inspection of child-care facilities. Once each
year the Township shall forward a survey to each person who has been
granted Zoning Hearing Board approval to operate a child-care facility
or who commenced operation of a child-care facility before approval
of the Zoning Hearing Board was required. Such survey shall request
information to determine continued compliance with the requirements
of this section and any conditions imposed upon the granting of the
special exception by the Zoning Hearing Board, including but not limited
to the number of employees, area devoted to the child-care facility
and hours of operation. The making of false statements on the annual
survey shall be a violation of this Zoning Chapter. The Zoning Officer
shall visit and inspect, on an annual basis, each property upon which
a child day-care facility is operated in order to determine the accuracy
of statements made on the annual survey. The making of false statements
on the annual survey and the failure to cooperate with the annual
inspection shall each be a violation of this Zoning Chapter. Failure
to return the annual survey shall be considered evidence that the
use has been discontinued.
[Amended 5-14-2013 by Ord. No. 192-2013]
I.
Administrative fee. The Township may from time to time establish
by resolution various fees (including annual fees) for the administration
of the application, survey, and inspection provisions set forth in
this section. All such fees shall be based upon the Township's actual
cost of administering this section and shall be set forth on a fee
schedule made available to the general public.
[Added 5-14-2013 by Ord. No. 192-2013]
A.
Conditions. Yard sales shall comply with the following:
(1)
There shall be no more than four yard sales per property
within a period of 12 months.
(2)
The duration of the sale shall not exceed two days.
(3)
The person conducting the yard sale shall make certain
that the traffic on adjacent streets is not obstructed.
(4)
Signs advertising the yard sale shall not block the
view of oncoming traffic and shall be removed within 24 hours after
the sale.
(5)
Private vehicle sales shall include the sale of any
vehicle requiring licensing by the Commonwealth of Pennsylvania. No
more than one private vehicle may be displayed at any given time on
a residential lot and be offered for sale, and such vehicle offered
for sale shall be owned by a resident of the residential lot.
A.
Conditions. Flea markets shall comply with the following:
(1)
Such use shall not take place within any enclosed
buildings.
(2)
The duration of flea market sales shall not exceed
three days within a seven-day time period.
(3)
The sale of merchandise shall take place only during
daylight hours.
(4)
There shall be no lighting of the property which produces
glare on adjacent properties.
(5)
There shall be no more than two signs advertising
the flea market, which shall not exceed three square feet, shall be
located only on the premises and shall not be illuminated.
(6)
Adequate off-street parking areas shall be provided.
(7)
The person responsible for the flea market shall ensure
proper parking and ingress and egress circulation patterns so as to
avoid impeding the flow of traffic on adjacent streets.
(8)
Adequate sewage disposal facilities shall be provided
for all customers and vendors.
(9)
When applying for a special exception, the applicant
shall submit a plan showing compliance with all applicable conditions
of this section.
B.
Application procedure. Flea markets shall be subject
to the following application and approval process:
(1)
The applicant shall demonstrate compliance with the
requirements of this chapter and shall request a special exception
from the Zoning Hearing Board.
(2)
If a special exception is granted, the applicant shall
apply for a flea market permit from the Zoning Officer.
(3)
The Zoning Officer shall review the application for
compliance with this Zoning Chapter and any conditions imposed by
the Zoning Hearing Board, visit the facility if deemed necessary and
approve or deny the application for the flea market permit.
C.
Annual survey of flea markets. Once each year the Township shall
forward a survey to each person who has been granted Zoning Hearing
Board approval to operate a flea market or who commenced the operation
of a flea market before approval of the Zoning Hearing Board was required.
Such survey shall request information to determine continued compliance
with the requirements of this section and any conditions imposed upon
the granting of the special exception by the Zoning Hearing Board,
including but not limited to the number of employees, area devoted
to the flea market and hours of operation. The Zoning Officer shall
visit and inspect, on an annual basis, each property upon which a
flea market facility is operated in order to determine the accuracy
of statements made on the annual survey. The making of false statements
on the annual survey and the failure to cooperate with the annual
inspection shall each be a violation of this Zoning Chapter. Failure
to return the annual survey shall be considered evidence that the
use has been discontinued.
[Amended 5-14-2013 by Ord. No. 192-2013]
D.
Administrative fee. The Township may from time to time establish
by resolution various fees (including annual fees) for the administration
of the application, survey, and inspection provisions set forth in
this section. All such fees shall be based upon the Township's actual
cost of administering this section and shall be set forth on a fee
schedule made available to the general public.
[Added 5-14-2013 by Ord. No. 192-2013]
Emergency service facilities shall comply with
the following:
A.
The minimum lot area shall be two acres, except for
volunteer ambulance companies that conduct no social functions and/or
fundraisers on site, in which case the minimum lot size shall be 1/2
acre.
[Amended 8-13-1996 by Ord. No. 111]
B.
Required parking shall be as follows:
(1)
Three off-street parking spaces for every four employees
or volunteers on the two major shifts, or four off-street parking
spaces for each emergency vehicle where no community room is a part
of the building, whichever requires the greater number of parking
spaces.
(2)
Where a community room is provided, two off-street
parking spaces for each fire truck, plus one off-street parking space
for each 100 square feet of gross floor area.
(3)
Where a garage area is used as a community room, adequate
parking shall be provided to accommodate the maximum capacity of the
garage area, in addition to that which is required for each employee,
volunteer or emergency vehicle.
Privately owned recreation areas or clubs shall
comply with the following:
A.
Adequate off-street parking shall be provided based on the combination of all elements comprising the facility or club (subject to Article VIII).
B.
All outdoor recreation areas and facilities shall
be set back at least 50 feet from all road rights-of-way, 100 feet
from any property zoned RM, RL or NC and 25 feet from all other properties.
C.
All lighting of outdoor recreation areas and parking
areas shall be arranged to prevent glare on adjoining properties.
D.
Applicants proposing uses which involve outdoor archery
or shooting ranges shall provide the Zoning Hearing Board with a detailed
plan which adequately addresses methods which will be utilized to
minimize the adverse effects of noise perceptible beyond the property
and which maximizes the public safety of all nearby residents. Outdoor
archery and shooting ranges are permitted only in the FR District.
Riding stables and horse boarding facilities
shall comply with the following:
A.
A minimum lot area of 10 acres is required.
B.
Any structure used for the boarding of horses shall
be set back at least 100 feet from any property line.
C.
All stables shall be maintained to minimize odors
perceptible at the property line.
D.
All outdoor training, show, riding or boarding areas
shall be enclosed by a minimum four-foot-high fence, which is to be
located at least 25 feet from all property lines and public roads.
E.
There shall be no minimum setback for fencing for
pasture areas.
F.
All parking compounds and unimproved overflow parking
areas shall be set back at least 10 feet from adjoining lot lines.
Unimproved overflow parking areas shall also provide a fence delineating
such occasional parking facilities and preventing the parking and/or
movement of vehicles across neighboring properties.
Golf courses (not including miniature golf courses)
and driving ranges and their accessory uses shall comply with the
following:
B.
No building shall be closer than 100 feet to any lot
line.
D.
The course shall not be designed to require a golf
ball to be driven across any building, road or parking lot.
E.
All lighting facilities for night play shall be designed
and located so as to not produce a glare or direct illumination onto
abutting properties.
F.
There shall be a minimum setback of 100 feet from
the field of play to any adjacent residential structure.
G.
Any points where the golf course crosses a road shall
be signed warning motorists and pedestrians.
H.
No outdoor storage or maintenance equipment or golf
carts shall be permitted.
Bed-and-breakfast facilities shall be owner-occupied
and comply with the following:
A.
No modifications to the external appearance of the
building (except fire escapes) which would alter its residential character
shall be permitted.
B.
All floors above grade shall have a fire escape which
provides a direct means of escape to the ground level.
D.
All parking areas shall not be located in the front
yard.
E.
An approved means of sewage disposal and water supply
shall be provided. Bed-and-breakfast facilities utilizing or proposing
to utilize an on-lot sewage disposal system shall obtain a written
statement from the Township Sewage Enforcement Officer certifying
that the system is properly designed to accommodate the use and that
there are no apparent signs of system failure.
F.
Meals shall be served only to overnight guests.
[Amended 3-12-2019 by Ord. No. 220-2019]
Veterinary facilities and kennels, including Class I through Class IV dog kennels as defined by Pennsylvania Code, Title 7, Part II, Chapter 21, entitled "General Provisions; Kennels; Licensure; Dog-Caused Damages," as amended, shall comply with the following:
A.
All kennels and all animal boardinghouses, whether new or existing,
shall require a building/zoning permit. The application shall contain
a description of the proposed use and occupancy of all buildings,
including the maximum number and type of animal to be housed or bred
by the kennel. The application shall be accompanied by sketch plans,
showing the actual dimensions and shape of the lot, the size and location
and dimensions of the proposed use or building, distance from existing
lot lines and existing residences on adjacent properties, and street
right-of-way lines, parking areas and other pertinent information.
B.
All kennels and animal boarding buildings that are not fully enclosed
in a building and any outdoor animal pens, stalls or runways shall
be located within the rear yard.
C.
All kennels and animal boarding buildings shall be a minimum of 100
feet from all property lines, and 200 feet from all residences other
than the residence on the kennel property, and shall be a minimum
of 1,000 feet from all residential zoned districts.
D.
All outdoor pasture/recreation areas shall be enclosed to prevent
the escape of the animals; all such enclosures shall be set back a
minimum of 100 feet from all property lines, and 200 feet from all
residences other than the residence on the kennel property, and shall
be a minimum of 1,000 feet from the Residential Low (RL), Residential
Medium (RM), and Neighborhood Commercial (NC) zoning districts.
E.
All portions of kennels and animal boarding buildings within 300
feet of any residence other than the residence on the kennel property,
and all outdoor recreation areas, including any outdoor animal pens,
stalls or runways, shall be buffered from adjoining properties by
a fence and planted screen to reduce noise and decrease visibility.
F.
Plant materials used in screen planting shall be at least six feet
in height when planted, and be of suitable vegetation in order to
produce, within three years, a complete year-round visual screen of
at least eight feet in height. Fence shall be six feet in height and
materials shall be of suitable masonry, wood, or composite materials
to block the total view from all on the outside. A screen planting
and fence plan shall accompany permit application and shall be approved
by the Zoning Officer. Fence shall be installed and plant materials
shall be planted prior to issuance of occupancy permit.
G.
Dogs shall be restricted from using kennel areas not fully enclosed
in a building from 8:00 p.m. to 8:00 a.m.
I.
The Pennsylvania Department of Agriculture is responsible for inspecting
kennels and licensing of kennels and the health and welfare of the
animals.
J.
Any proposed kennel use which would otherwise be permitted by right
in a zoning district, but that is unable to satisfy the conditions
set forth herein, shall be deemed a conditional use and shall only
be approved following a hearing before the Board of Supervisors, which
shall have the right to permit the use or deny the use in accordance
with the standards governing conditional use applications. The burden
of proof shall be upon the applicant to demonstrate that, despite
not meeting the criteria herein, the proposed use would not be detrimental
to the public health, safety and welfare of the neighborhood.
When authorized as a special exception use in
the zoning district, accessory residential dwelling units shall be
permitted subject to the following standards and criteria:
A.
If the accessory dwelling unit shall be a manufactured
home, the minimum lot size shall be two acres.
B.
If the accessory dwelling unit is an apartment unit
within the structure housing the principal dwelling unit on the lot,
the accessory dwelling unit may be located in a single-family detached
dwelling or a single-family semidetached dwelling. Accessory dwelling
units shall not be permitted when an apartment dwelling unit is the
principal dwelling unit.
C.
A residential accessory structure may be converted
to an accessory dwelling unit.
D.
An accessory dwelling unit shall utilize the same sewage disposal
and water supply systems as the principal dwelling unit. For on-lot
sewage disposal systems, the adequacy of the system shall be approved
by the Township Sewage Enforcement Officer prior to occupancy of the
accessory dwelling unit. For public sewer connections, the Sewer Authority
shall approve the final design prior to occupancy of the accessory
dwelling unit.
[Amended 12-16-2013 by Ord. No. 194-2013]
E.
A minimum of one off-street parking space shall be
provided for the accessory dwelling unit in addition to the off-street
parking spaces required for the principal dwelling unit.
F.
An accessory dwelling unit which is a manufactured
home shall be installed and located only in the side or rear yards
and shall adhere to all side and rear yard setback requirements for
principal uses.
G.
If the accessory dwelling unit is a manufactured home,
the manufactured home shall be removed from the property within 12
months after it is no longer occupied by a person who qualifies for
its use.
H.
Upon proper installation of an accessory dwelling unit, the Zoning
Officer shall issue a certificate of use and occupancy. Once each
year, the Township shall forward a survey to each property owner with
an accessory dwelling unit approved by the Zoning Hearing Board or
who has commenced the operation of an accessory dwelling unit before
approval of the Zoning Hearing Board was required. Such survey shall
request information to determine continued compliance with the requirements
of this section and any conditions imposed upon the granting of a
special exception by the Zoning Hearing Board. The Zoning Officer
shall, on an annual basis, visit and inspect each property upon which
an accessory dwelling unit is operated in order to determine the accuracy
of the statements made on the annual survey. The making of false statements
on the annual survey and the failure to cooperate with the annual
inspection shall each be a violation of this Zoning Chapter. Failure
to return the annual survey shall be considered evidence that the
use has been discontinued. The Township may from time to time establish
by resolution various fees (including annual fees) for the administration
of the application, survey and inspection provisions set forth in
this section. All such fees shall be based upon the Township's actual
cost of administering this section and shall be set forth on a fee
schedule made available to the general public.
[Amended 12-16-2013 by Ord. No. 194-2013]
I.
The landowner shall present evidence of recording
of a document, 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.
J.
Any accessory dwelling unit permitted on a property may be used by
and resided in only by the owner of the property or person(s) related
to such owner, including only the following: grandfather/grandmother,
mother/father, brother/sister, daughter/son, granddaughter/grandson,
and/or the spouse of one of the foregoing individuals.
[Added 5-11-2010 by Ord. No. 171; amended 12-16-2013 by Ord. No.
194-2013]
[Amended 5-11-2010 by Ord. No. 171]
Animals and animal shelters are permitted as
accessory uses to residential uses in any zoning district. Except
as otherwise noted, the following standards shall apply to the keeping
of animals on residential properties containing less than 10 acres.
A.
In all zoning districts, animals which are maintained
as accessory to a residential use shall be maintained only on a noncommercial
basis.
B.
Any shelter and/or exercise pen which is constructed
for the use of the animals shall be located in the rear yard at least
10 feet from any lot line and at least 30 feet from the nearest dwelling
other than the dwelling of the owner of the animal. Any means of confinement
of such animal, including but not limited to chains and tethers, shall
be so located so that the animal cannot run closer than 10 feet to
any property line or closer than 50 feet to the nearest dwelling other
than the dwelling of the owner.
C.
Any shelter and/or exercise pen shall be screened
from adjoining properties by the installation of fencing or a landscape
screen.
D.
In any zoning district, except AG, AG-2 or FR, unless
regulated by other provisions of this chapter, it is permitted to
maintain up to two saddle horses, provided that no building, corral
or stable is located less than 50 feet from any lot line or less than
200 feet from the nearest existing dwelling other than the dwelling
of the owner. A minimum lot size of one acre if one horse is maintained
and two acres if two horses are maintained shall be provided.
E.
No manure storage facility or area shall be established
closer than 100 feet to any property line.
F.
The owner
of any animal shall exercise suitable control over the animal and
shall not allow a nuisance condition to be created in terms of excessive
noise, dirt or odor.
[Added 5-11-2010 by Ord. No. 171]
In any zoning district, when the primary means
of transportation for the occupants of a dwelling is a vehicle drawn
by a horse or horses, a structure to house not more than four horses
and the buggy, carriage or other vehicle pulled by the horse or horses
may be erected in accordance with the following requirements:
A.
The structure shall not be located within the front
yard setback.
B.
The structure shall have a side yard of not less than
20 feet and a rear yard of not less than 20 feet.
C.
Adequate provision shall be made for the proper disposal
of manure generated on the property.
D.
If requested by the Township, the applicant shall
record a deed restriction indicating that the facility is for use
only for horses when such animals are the primary means of transportation
for the residents of the dwelling.
Retirement communities shall comply with the
following requirements:
A.
All accessory uses within the retirement community
shall be limited to facilities serving employees, residents and guests
of residents. Accessory uses may include offices, maintenance facilities,
recreational facilities, libraries, chapels, health-care facilities,
gift shops, banks, snack bars, village stores, pharmacies, barber/beauty
shops and other personal services.
C.
The maximum lot coverage shall be 50%.
D.
Retirement communities shall comply with the following
dimensional requirements:
E.
An evergreen screening, with trees having a minimum
size of six feet in height at the time of planting, shall be provided
along all adjacent property lines (excluding property lines along
public roads). In addition, storage areas for trash and recyclable
materials shall be screened from view of adjacent properties.
F.
The maximum height of buildings shall be 35 feet.
G.
Lighting facilities shall not produce direct glare
on adjacent properties.
H.
Identification signs, not to exceed 25 square feet,
shall be permitted, provided that no more than one such sign is located
at each public street access to the retirement community. Such signs
shall be located a minimum of 10 feet from the cartway or outside
the right-of-way and 50 feet from all side yard property lines. Signs
may be illuminated with indirect focused lighting only.
I.
The following minimum parking standards shall apply
to retirement communities:
J.
The applicant proposing a retirement community shall
obtain documentation from appropriate providers of ambulance and fire
services indicating the ability to provide service to the site.
K.
Interior drives, alleys or streets shall be designed
to prevent the blockage of vehicles entering or leaving the site.
The minimum cartway width shall be 12 feet for one-way streets and
20 feet for two-way streets. In addition, all retirement communities
shall have two means of access for emergency vehicles.
L.
Pedestrian walkways shall be accessible from the entrance
of each residential structure.
M.
The applicant shall demonstrate that the proposed
use will be provided with a public water supply and means of sewage
disposal.
When a use which was established prior to the
enactment of this chapter or any amendment thereto is located in a
zoning district where such use is permitted by special exception,
such preexisting use shall be permitted to continue as of right. Any
expansion or alteration of such preexisting use shall require the
granting of a special exception by the Zoning Hearing Board, and the
applicant for such special exception shall demonstrate compliance
with all of the standards set forth in this chapter for the granting
of a special exception for such uses, if any, and with all of the
general standards set forth in this chapter for all special exceptions.
[Amended 11-11-2000 by Ord. No. 129]
A.
The regulations contained in this section apply to
the following communication towers and antennas:
(1)
Communications towers and antennas which are greater
than 45 feet in height (measured from the ground level to the top
of the antenna).
B.
Within the Agricultural District (AG), Agricultural-2
(AG-2), Forest Recreation (FR), Highway Commercial (HC) and the Light
Industrial (LI) Zoning Districts, communication towers and antennas
greater than 45 feet in height and equipment relating thereto are
permitted by special exception. An application for such special exception
shall demonstrate compliance with all of the following standards and
criteria:
[Amended 12-16-2013 by Ord. No. 194-2013]
(1)
The applicant shall demonstrate through technological
evidence and data that the proposed location is necessary for the
efficient operation of the system.
(2)
Any structure shall be set back from each property
line a distance equal to its height, but in no circumstances less
than 50 feet from any property line. This setback shall also be applicable
to guide wire anchors for the structure. Any structures shall be provided
with warning signage for potential radiation danger, if any. Shielding
shall be installed if there is any potential radiation.
(3)
All communication towers and antennas shall be completely
enclosed by an eight-foot high, nonclimbable fence and self-locking
gate. No signs or advertising of any kind may be placed on the fencing
or the tower, antenna or cell site structure.
(4)
There shall be no electrical, electromagnetic or microwave
or other interference or pollution off-site.
(5)
The applicant shall demonstrate that surrounding areas
will not be affected by support structure failure, falling ice or
other debris. All support structures shall be fitted with anticlimbing
devices as approved by the manufacturer. The applicant shall furnish
expert testimony regarding the construction methods or other measures
used to prevent the toppling of any communications tower onto adjoining
properties and/or roads, and the wind-borne scattering of ice onto
adjoining properties and/or roads. The applicant shall provide expert
testimony from a registered professional engineer which addresses
the structural integrity of the communication tower or antenna. This
statement shall indicate that acceptable structural engineering principles
have been applied to the proposed construction of the tower or antenna
which will result in a satisfactory level of safety. Such statement
shall address the forces on the foundation (including live and dead
loads), allowable and actual forces on cables, rods and braces, soil
bearing pressures, wind loading forces and the safety factor against
overturning.
(6)
The applicant shall demonstrate that the communication
tower or antenna is the minimum height required to function satisfactorily.
No communication tower or antenna that is taller than this minimum
height shall be approved.
(7)
If the applicant proposes to erect a new communication
tower, the applicant shall demonstrate that it has contacted the owners
of other tall structures within a 1/2 mile radius of the proposed
site and has requested permission to install the antenna on those
structures. The applicant shall demonstrate that it is not feasible
to erect the antenna on these existing structures. The applicant shall
make a good faith effort to install the antenna on an existing structure,
including but not limited to, smokestacks, water towers, tall buildings,
antenna support structures of other communications companies and similar
structures.
(8)
In order to reduce the number of antenna support structures
needed in the Township in the future, any proposed support structure
shall be designed to accommodate other users, including, but not limited
to, police, fire and emergency services.
(9)
The applicant shall obtain a building permit in accordance
with the Building Code prior to commencement of construction of any
communications tower or antenna. The applicant shall pay such fee
as shall be prescribed by the Board of Supervisors for such permit.
(10)
If the use of the communications tower or antenna
requires licensing by any state or federal agency, including but not
limited to, the Federal Communications Commission, the applicant shall
present evidence that it has obtained such license.
(11)
If the communications tower or antenna operation
is fully automated, the applicant shall provide off-street parking
required for maintenance workers. If the operation is not fully automated,
the applicant shall provide off-street parking spaces equal to the
largest number of persons on the largest shift working on the property.
(12)
The applicant shall not be permitted to maintain
any use on the property other than the communication tower or antenna.
(13)
The applicant shall install landscaping to screen
the fence, tower or antenna and any ground level features, including,
but not limited to, buildings, which may be installed. Landscaping
shall consist of evergreen trees to be planted on 10 feet center maximum,
which shall have a minimum height of six feet at the time of planting.
The trees shall be of a species which shall grow to a minimum height
of 20 feet at maturity. The Zoning Hearing Board may require further
deciduous plantings to mitigate the impact of the development on the
surrounding neighborhood. All landscaping shall be installed prior
to issuance of a certificate of use and occupancy by the Zoning Officer.
Existing vegetation on and around the site shall be preserved unless
absolutely necessary to be removed for functioning of the equipment.
This requirement shall not be applicable to antennas located upon
an existing structure where the total height of the structure and
antenna does not exceed 150 feet.
(14)
Antenna support structures under 200 feet in
height shall be painted with silver or have a galvanized finish retained
in order to reduce visual impact; provided, however, that this requirement
shall not apply to an antenna which is installed upon an existing
structure, such as a silo or water tower. Support structures may be
painted green up to the height of nearby trees to lessen visual impact.
Support structures 200 feet in height or taller shall meet all Federal
Aviation Administration regulations. No antenna support structure
may be artificially lighted except when required by the Federal Aviation
Administration or by state regulations.
(15)
The applicant shall be responsible for the removal
of the facility when the owner/operator ceases use of the facility
or the facility becomes obsolete. If a communications tower or antenna
remains unused for 12 months, the owner/operator shall dismantle and
remove the communications tower within six months of notice to do
so by the Township. In such case, the applicant shall submit a plan
for the removal of the facility when it becomes functionally obsolete
or is no longer in use. Further, the owner or operator of the facility
shall post security in a form acceptable to the Township in a sufficient
amount to cover the facility removal and site cleanup prior to the
issuance of any permits to construct or use said facility. The security
shall be utilized by the Township in the event that the owner or operator
of the facility fails to remove the facility within six months of
the aforesaid notice by the Township to remove the facility. The estimated
cost of removal shall be provided to the Township by the owner/operator's
professional engineer based on an actual cost estimate from a tower
removal contractor and shall be subject to review and reasonable approval
by the Township Engineer. The estimated cost of removal and the amount
of the security, shall be reconsidered and adjusted to a revised estimated
removal cost in the same manner upon the request of the Township,
but in no event sooner than five years from the initial issuance of
the security and no more often than once in any five-year period thereafter.
In the event of violation of the removal requirement in this section,
the Township may, but shall not be obligated to, enter upon the property
on which the communications tower or antenna is located and remove
such equipment. The cost of removal by the Township shall be reimbursed
by the owner upon demand, if not satisfied by the security. The proceeds
of the security may be used by the Township for reimbursement of the
cost of removal of the communications tower or antenna and for any
related costs and expenses incurred by the Township pursuant to the
authority of the Township under this Zoning chapter or any other ordinance
of the Township.
(16)
Communications towers shall be sited so as to
separate them from adjacent farming and residential structures.
(17)
Attachments to existing structures shall be
designed by a certified engineer and must meet the approval of the
Township.
(18)
Access shall be provided to the communications
tower, antenna and communication equipment by means of a public street
or easement to a public street. The easement shall be a minimum of
20 feet in width and shall be improved to a width of at least 10 feet,
with a dust-free, all-weather surface for its entire length.
(19)
The owner of the communications tower or antenna
shall have the tower or antenna inspected every year after the date
of completion of construction. The inspection shall be performed by
a professional engineer licensed by the Commonwealth of Pennsylvania
and who is competent to inspect and give an opinion on the condition
of the facility. The engineer shall certify in a written report, based
upon such inspection and upon reasonable assumptions and conditions
as are customary in the industry, whether the facility appears to
have been properly maintained and to be structurally sound. Such inspection
shall be performed, and such report based upon the inspection shall
be delivered to the Township, within the period of 90 days after each
year's anniversary of the date of completion of construction of the
facility.
C.
Within the Agricultural District (AG), Agricultural-2 (AG-2), Forest
Recreation (FR), Highway Commercial (HC) and Light Industrial (LI)
Zoning Districts, communication antennas mounted on existing structures
are permitted by special exception, subject to the following criteria:
[Added 12-16-2013 by Ord. No. 194-2013]
(1)
Building-mounted communication antennas shall not be located on any
building used for residential purposes.
(2)
Building-mounted communication antennas shall be permitted to exceed
the height of the existing structure by no more than 20 feet, unless
the antennas are concealed from view.
(3)
Any applicant proposing communication antennas to be mounted on a
building or other structure shall submit evidence from a Pennsylvania
registered professional engineer certifying that the proposed installation
will not exceed the structural capacity of the building or other structure
considering wind and other loads associated with the antenna location.
(4)
Any applicant proposing communication antennas to be mounted on a
building or other structure shall submit detailed construction and
elevation drawings indicating how the antennas will be mounted on
the structure for review in accordance with all applicable building
codes and laws.
(5)
Any applicant proposing communication antennas to be mounted on a
building or other structure shall submit evidence of agreements and/or
easements necessary to provide access to the building or structure
on which the antennas are to be mounted, so that installation and
maintenance of the antennas and communication equipment building can
be accomplished.
(6)
Communication antennas shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
(7)
Communication antennas shall comply with all applicable radio frequency
regulations established by the Federal Communications Commission.
(8)
A communication equipment building shall be subject to the height
and setback requirements of the required district for an accessory
structure.
(9)
The owner or operator of communication antennas shall be licensed
by the Federal Communications Commission to operate such antennas.
(10)
The applicant shall submit testimony on how this facility will
be disguised so that it blends in with the surrounding area.
(11)
The communications equipment building and antenna shall be an
accessory use on the property on which it is erected.
D.
Where a communications tower is in existence or a structure has been
approved for the location of communications antenna, co-location,
modification, and replacement of wireless telecommunication facilities
or wireless support structures, as such terms are defined in the Wireless
Broadband Co-Location Act, Act 191 of 2013, shall be regulated in
accordance with such statute. It is the intention of the Township
that this chapter be interpreted in a manner to comply with such statute
while requiring an applicant to obtain special exception approval
for the initial construction of communications towers and the initial
designation of an existing structure as a wireless support structure
upon which wireless communications facilities may be installed.
[Added 12-16-2013 by Ord. No. 194-2013]
A.
One dwelling is permitted to be located on each farm
as living quarters for farm workers and their families. The farm worker
must be employed full time by the owner of the farm, and the worker
may occupy the dwelling for as long as he is employed by the owner
of the farm.
B.
All dwellings shall be set back a distance that is
at least equal to the front yard setback of the existing farm dwelling
and be no further than 300 feet from said dwelling, provided that
the dwelling is no closer than 100 feet to adjoining property lines.
C.
The applicant shall provide evidence that the proposed
method of sewage disposal and water supply complies with Department
of Environmental Resources requirements.
D.
Two off-street parking spaces shall be required for
the proposed dwelling unit.
E.
If the proposed dwelling is a manufactured home, it shall be placed on the lot in accordance with the foundation and anchoring requirements of § 110-42 of this Zoning Chapter.
F.
The proposed dwelling unit shall be provided with
properly designed utility connections.
G.
The applicant shall furnish proof of the recording
of either a land development plan or an agreement with the Lancaster
County Planning Commission for the proposed dwelling unit as long
as the Brecknock Township Subdivision and Land Development Ordinance
is in effect in the Township.
[Amended 4-9-2013 by Ord. No. 190-2013]
H.
The dwelling shall be occupied at least 30 days a
year by at least one person who is employed on the farm where the
dwelling is located. If this condition is not satisfied, then the
manufactured home shall be removed within 90 days.
I.
Upon the proper installation of the dwelling, the
Zoning Officer shall issue a zoning and use permit. This permit shall
be reviewed during the month of January of each year until such time
that the dwelling is to be removed. A fee, in an amount established
by the Board of Supervisors,[1] shall be paid by the landowner each renewal of the temporary
zoning and use permit.
[1]
Editor's Note: Current fees are on file and
available for public inspection in the office of the Township Manager.
In all zoning districts, municipal uses shall
be exempt from lot area, width and depth regulations. Municipal uses
shall not be required to comply with regulations concerning yard areas,
setback or lot coverage.
B.
All off-street parking lots shall be set back at least
25 feet from adjoining properties and shall be screened from adjoining
properties in residential use.
C.
All buildings shall be set back at least 50 feet from
all rights-of-way and at least 100 feet from adjoining properties.
D.
If education is offered below the college level, an
outdoor play area shall be provided at a rate of 100 square feet per
individual enrolled. Enrollment shall be defined as the largest number
of students on the site at any one time during the school year. 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
a minimum of 25 feet from adjacent properties. Vegetative materials
located in the play areas shall not be of a harmful type. All outdoor
play areas must provide a means of shade such as shade trees or pavilions.
E.
The Zoning Hearing Board may require the fencing of
outdoor play areas based on site conditions.
F.
Passenger dropoff and pickup areas shall be provided
and arranged so that students do not have to cross traffic lanes on
or adjacent to the site.
Where permitted by special exception, the retail
sale of plant, nursery and/or garden equipment shall comply with the
following requirements:
A.
The sale of nonplant items, excluding peat moss and mulch, shall
be incidental to the business. The display area for such items shall
not exceed 15% of the total gross display and sales area on the subject
property or 1,500 square feet, whichever is greater.
[Amended 4-12-2016 by Ord. No. 212-2016]
B.
The display and sale of motorized nursery, garden
or lawn equipment shall not be permitted. The repair of such equipment
is prohibited unless such equipment is owned by the property owner.
C.
All outdoor display areas shall be set back a minimum
of 25 feet from adjacent properties and road rights-of-way.
D.
Parking areas shall be set back a minimum of 25 feet
from property lines and road rights-of-way, and screening shall be
provided between any adjoining property in residential use.
E.
All buildings/structures shall have a side yard width
of not less than 25 feet.
[Added 4-12-2005 by Ord. No. 150]
[Added 5-14-2013 by Ord. No. 191-2013]
A.
Conditions. All properties containing an agricultural support retail
business shall comply with the following requirements:
(1)
The person primarily responsible for the agricultural support retail
business shall be a resident of the subject property, and it shall
be located on a lot of at least two acres.
(2)
No more than two employees (not including the aforementioned resident
primarily responsible for the business) shall be employed by the agricultural
support retail business.
(3)
The agricultural support retail business shall be conducted entirely
within an accessory building on the property.
(4)
The total cumulative storage and retail floor area of the accessory
building shall be no more than 1,500 square feet.
(5)
The accessory building utilized for the agricultural support retail
business shall comply with all lot coverage and yard requirements
for the applicable zoning district.
(6)
Only one agricultural support retail business shall be permitted
on any lot.
(7)
No display or storage of materials, products or machinery used for
the agricultural support retail business shall be located outside
of the accessory building.
B.
Application procedure. Agricultural support retail businesses shall
be subject to the following application and approval process:
(1)
The applicant shall demonstrate compliance with the requirements
of this chapter and shall request a conditional use from the Board
of Supervisors.
(2)
If the conditional use is granted, the applicant shall apply for
an agricultural support retail business permit from the Zoning Officer.
(3)
The Zoning Officer shall review the application for compliance with
any conditions imposed upon the granting of the conditional use by
the Board of Supervisors prior to issuance of a permit for the use.
C.
Annual survey and inspection of agricultural support retail businesses.
Once each year the Township shall forward a survey form to each individual
who has been granted a conditional use approval by the Board of Supervisors
to operate an agricultural support retail business or who commenced
operation of an agricultural support retail business before approval
by the Board of Supervisors was required. Such survey shall request
information to determine continued compliance with the requirements
of this section and any conditions imposed upon the granting of the
conditional use by the Board of Supervisors, including but not limited
to the number of employees, area of the building used for the agricultural
support retail business, and hours of operation. The Zoning Officer
shall, on an annual basis, visit and inspect each property upon which
an agricultural support retail business is operated in order to determine
the accuracy of the statements made on the annual survey. The making
of false statements on the annual survey and the failure to cooperate
with the annual inspection shall each be a violation of this Zoning
Chapter. The owner is responsible for notifying the Township in writing
if the agricultural support retail business has been discontinued.
D.
Administrative fee. The Township may from time to time establish
by resolution various fees (including annual fees) for the administration
of the application, survey and inspection provisions set forth in
this section. All such fees shall be based upon the Township's actual
cost of administering this section and shall be set forth on a fee
schedule made available to the general public.
[1]
Editor's Note: Former § 110-69, Street trees, was
repealed 4-9-2013 by Ord. No. 190-2013.
A.
All service and/or repair activities shall be conducted
within a single, wholly enclosed building.
B.
All petroleum-dispensing equipment shall be located
outside all buildings, on private property and not less than 20 feet
from all property lines.
C.
No outdoor storage of equipment, lubricants, fuel
or other materials used for repair shall be permitted.
D.
All materials discarded as part of the service operation
shall be contained within wholly enclosed dumpster equipment or within
a solid fenced enclosure.
E.
All exterior vehicle storage areas shall be screened
from adjoining residentially used and residentially zoned property.
F.
All petroleum storage facilities must comply with
all state and federal regulations.
G.
All ventilation equipment associated with fuel storage
tanks shall be at least 100 feet and oriented away from any adjoining
residential property or residentially zoned property.
H.
All vehicles shall be repaired and removed from the
premises as promptly as possible, but in no case shall a vehicle stay
longer than six months.
I.
The demolition or storage of junked vehicles is prohibited.
J.
All washing facilities shall conform to DER wastewater
requirements.
Recycling collection centers are permitted by
special exception in the Highway Commercial District subject to the
following criteria:
A.
Litter control shall be exercised to prevent the scattering
of wind-borne debris.
B.
All recycling collection operations shall be contained
entirely within a wholly enclosed building; however, the collection
of paper, plastics, glass and metal products may be conducted in outdoor
containers, provided that the following requirements are satisfied:
(1)
Fencing and gates shall be erected around all such
facilities in a manner which prevents the scattering of litter off
site. Such fencing and gates have a minimum height of six feet.
(2)
All facilities shall be screened from view of all
adjacent properties from ground level to a minimum height of six feet.
Such screening may consist of an earthen berm and/or evergreen plantings
with trees having a minimum size of six feet in height at the time
of planting.
(3)
Materials shall be stored in enclosed containers and
shall not be stored outdoors for a period in excess of 48 hours.
C.
The operator of the facility shall limit access to
the site to those posted times when an attendant is on duty.
D.
Materials used or generated by the operation shall
be stored in a leak- and vectorproof manner.
E.
Sufficient stacking lanes into the facility shall
be provided to avoid the obstruction of vehicles on public roads.
F.
No use shall emit fumes or gases that constitute a
health hazard as defined by the United States Environmental Protection
Agency or other appropriate regulatory agency.
G.
The applicant shall explain the scope of the operation
and any measures used to mitigate problems associated with noise,
fumes, dust and litter.
H.
No use shall utilize lighting in any manner which
produces glare onto public streets or other tracts of land.
[Amended 1-12-2010 by Ord. No. 169]
Single-family semidetached dwellings, townhouses, and apartments
without public water are permitted in the RM – Residential Medium
Zoning District by conditional use subject to the requirements of
this section. An applicant proposing these types of development shall
prepare a study, which shall be submitted to the Township Engineer
or other appointed Township professional consultant, for their review
and comment. The study shall be prepared by a registered professional
geologist with documented experience in hydrogeology. The study shall
be found acceptable to the Township and their consultants with a letter
issued to the Board of Supervisors attesting to this fact prior to
the approval of the conditional use. The cost of the study and any
review fees shall be borne by the applicant. The submitted study shall
demonstrate compliance with the following requirements:
A.
Water supply needs references.
(1)
Projected water supply needs of the project shall be estimated in
accordance with one or more of the following documents, depending
on the location of the project. The references to be utilized shall
be discussed and agreeable to the Township's consultants prior to
submission of the study:
(a)
Pennsylvania Department of Environmental Protection (PADEP)
Public Water Supply Manual 383-21256-108, May 6, 2006 (or most recent
version available).
(b)
American Water Works Association (AWWA) Book 20410, "Forecasting
Urban Water Demand" by R. Bruce Billings and C. Vaughn Jones (1996).
(c)
Water use data provided by the Township for similar water supply
systems.
(d)
Water use data obtained from the Susquehanna River Basin Commission
(SRBC).
(e)
Water use data obtained from the PADEP database for similar
supply systems (reference to specific projects(s) required).
(f)
American Water Works Association (AWWA) Research Foundation,
"Residential End Uses of Water" (1999).
(2)
In the absence of specific water use data, the water supply needs
of a single-family dwelling unit are assumed to be 262.5 gallons per
day normal usage and 400 gallons per day peak usage. Other appropriate
published and more current references may be utilized by the applicant
if acceptable to the Township and its appointed consultants.
B.
Hydrogeologic report requirements.
(1)
General and technical requirements. The following minimum considerations
shall be included in the report and submitted to the Township for
review and comment:
(a)
A topographical map showing all existing and proposed physical
and natural features within the subject tract and within 1/2 mile
of the tract boundary, including specifically existing or proposed
on-lot or community sewage disposal systems, water supplies and watercourses
(perennial or intermittent). Any available water quality information
for area groundwater based upon documented well-testing data shall
be provided. Narrative descriptions of these specific features shall
also be furnished.
(b)
A geologic map of the area within a one-mile radius of the tract
boundary. The locations of all faults, lineaments, and fracture traces
within 1/2 mile of the tract boundary shall also be shown.
(c)
A description of the geologic conditions within the tract and
within 1/2 mile of the tract boundary that would affect the groundwater
recharge rate and the degree of ground water renovation. Such conditions
can include, but need not be limited to, closed depressions, sinkholes,
high water table conditions, springs, lineaments, faults, outcrops
of bedrock, soil mottling, surface drainage into the ground, ghost
lakes, etc.
(d)
A map and narrative description of the area that will be impacted
from the proposed use of on-lot sewage disposal systems. Such analysis
will consider and identify the systems and their dispersion plumes
and mixing zones to be calculated from the surface topography and
known geologic conditions. The analysis will then describe anticipated
water quality/quantity impacts to areas located downgradient and/or
along with geologic strike or fault. These anticipated impacts should
also consider existing and potential land uses located within the
affected area.
(e)
A discussion of the aquifers underlying the site and their long
term drought recharge capability based on accepted published data
or detailed site-specific investigations. The term "drought recharge
capability" is the average amount of water that can be withdrawn from
an aquifer during extended periods of low rainfall.
(f)
Based on the drought recharge capability of the underlying aquifer
and the calculated daily groundwater withdrawals of the project, a
hydrologic budget shall be calculated for the subject tract itself,
and for the area within 1/2 mile of the tract boundary.
(g)
Should it be determined that the proposed use(s) would result
in a degradation of groundwater quality, or a significant negative
impact on the potential groundwater uses at nearby properties, the
study should present measures that can be employed to mitigate these
adverse impacts. The Township's appointed consultant and/or Township
Engineer shall review these mitigation measures and provide recommendations
to the Board of Supervisors. The Board may require, as a condition
of the approval, the implementation of any such suggested measures
or recommendations made by their professional consultants in an effort
to mitigate the adverse impacts identified by the applicant or Township.
(2)
Aquifer study requirements.
(a)
The submitted report shall include the results of the aquifer study conducted in accordance with Subsection C of this section.
(b)
A minimum of one pumping test as noted in Subsection C shall be required for each tract proposed for development. Additional pumping tests may be required based upon the review of the Township consultants. The location(s) shall be discussed and approved by the Township consultant prior to conducting the test(s).
C.
Aquifer study standards and procedures.
(1)
Water quantity report.
(a)
Water quantity test standard. The well yield and the test well(s)
must prove that an adequate water supply, as deemed acceptable to
the Township and its consultants, is available on the site for the
specific intensity of the use proposed. In addition, the following
minimum standards shall apply:
[1]
The proposed test well shall produce not less than 400 gallons
of water in a two-hour period, at least once each day. If the sustained
yield of the individual well or individual well system is not capable
of meeting the standard, sufficient storage shall be required through
borehole capacity and/or a storage tank. Borehole storage shall be
measured from the pump level to the top of the static water column.
[2]
The individual well shall yield a minimum of five gallons per
minute.
[a]
For wells with yields of five gallons per minute
or less, a minimum of 400 gallons of storage capacity shall be provided.
Borehole storage shall be measured from the pump level to the top
of the static water column.
[b]
Multiple wells may be drilled on the lot, and the
combined yield of the well system shall meet the minimum of five gallons
per minute.
[3]
Test supervision and evaluation. The test shall be conducted
under the supervision of a qualified geologist licensed by the Commonwealth
of Pennsylvania or professional engineer, using testing procedures
hereinafter set forth. The geologist or engineer shall be responsible
for notifying the Township a minimum of five working days prior to
the start of the test. He or she will also summarize the test and
its significance and make recommendations as to the suitability of
the well or wells for the intended uses. The final report shall include
an opinion as to whether the proposed use of the well will have an
impact upon other existing wells within 1/2 mile of the tract boundary.
The supervising person shall provide the Township with a copy of all
field notes and test results.
[4]
Test method. The pumping test shall be conducted for a minimum
of 12 hours at a constant rate of pumping. The test well shall be
the one proposed for the specific development for which the test is
conducted. Two observation wells that have hydraulic continuity with
the pumped well are required. The preferred method of analysis of
the aquifer test data is the nonequilibrium formula, although other
methods are available and may be used. These include various methods
of analysis of the drawdown and recovery data. These methods shall
be discussed with and acceptable to the Township and its appointed
consultants.
[5]
Collection of data.
[a]
Prior to the test:
[i]
Collection of geologic data of the area to be tested, including
well logs, if available.
[ii]
History of water level fluctuations in the area when available.
A static condition measurement shall be performed in the test well(s)
prior to performing the test.
[iii]
The location, relative elevations and static
water levels in the pumped well and the observation well or wells.
[iv]
The expected discharge of the pumped well.
[b]
During the test: A standard aquifer test field
data sheet will be required for the test well and each observation
well. The use of an electronic data logger shall be required for the
test. The data sheet shall include columns for listing:
[c]
Following the test: In accordance with recognized
principles of well hydraulics, graphs shall be prepared to show time
drawdown and time recovery for the pumped well and the observation
wells. A distance drawdown graph will be required for anticipated
rates of pumping. Computation of the coefficients of transmissibility
and storage as well as the rate of pumping, time and drawdown are
required as well as other data that may be considered necessary to
satisfy the test objectives.
(2)
Water quality report.
(a)
The water quality test shall be conducted concurrently with
any water quantity test. Such tests shall be conducted by a Pennsylvania
Accredited Environmental Laboratory.
(b)
Test standard.
[1]
All water samples to be tested must be drawn by a trained individual
with experience in the field and observed by the Township Engineer
or other appointed consultants.
[2]
For single-use on-lot wells, the quality of the water tested
shall meet the local and/or state regulations as it presently exists
or may hereafter be amended, or be capable of treatment to attain
said standard of quality for the following potential contaminants:
total coliform, fecal coliform, E.coli, nitrate-nitrogen, total nitrogen,
arsenic, lead, mercury, volatile organic compounds (VOCs including
MTBE) and chlorine.
[3]
For community on-lot wells, which are regulated by the PADEP
per Pennsylvania Code, the quality of the water tested shall meet
the National Primary Drinking Water Regulations as set forth in the
National Safe Drinking Water Regulations (NSDW) of the Environmental
Protection Agency (EPA) as it presently exists or may hereafter be
amended, or be capable of treatment to attain said standard of quality.
D.
If a common water supply is proposed, the developer shall ensure
adequate long-term operation, maintenance and ownership of the common
water supply through the establishment of a homeowners' association
or other legal agreement. Such organizations and legal agreements
shall be acceptable to the Township Solicitor.
A.
The lot or property line of such business shall not
be located within 200 feet of any residence, residential use or residential
zoning district.
B.
The lot or property line of such business shall not
be located within 500 feet of the lot or property line of any religious
structure, school day-care facility or public library.
C.
The lot or property line of such business shall not
be located within 500 feet of the lot or property line of another
adult-oriented business.
D.
There shall be no display of adult-oriented materials
that can be seen from the exterior of the building.
E.
No building, premises, structure or other facility
that contains any adult-oriented business or activity shall contain
any other kind of adult-oriented business or activity.
F.
No unlawful sexual activity or conduct shall be performed
or permitted.
A.
Clear-cutting of all vegetation shall not exceed areas
of more than five acres or more than 20% of the forest, whichever
is less, except where pursuant to a state forestry cutting program
or where Class I, II, III or IV agricultural soils are to be converted
to agricultural uses.
B.
A reforestation program shall be submitted, which shall show a program for the reestablishment of the forest on a sustained-yield basis, except where clearing is for agricultural use as in Subsection A above.
C.
For commercial uses, a long-range cutting program
shall ensure that the forest is retained as an entity during the entire
program. Such a program shall indicate the condition of the forest
on a map showing:
D.
For clearing purposes, the proposed future use must
be stated if any is identified.
E.
All plans shall show how the general habitat and visual
block of the forest is to be maintained so that the forest retains
its visual and habitat qualities at all stages of the long-range cutting
plan.
[Added 8-14-2007 by Ord. No. 163]
The following standards shall be addressed by
the applicant and applied by the Board of Supervisors in evaluating
an application for conditional use, where such conditional use is
authorized in one or more of the base zoning districts of this chapter:
A.
All uses regulated by the terms of this section shall
also be in compliance with any applicable standards in:
B.
Churches and related uses.
(1)
In any zoning district in which a church is
permitted, the minimum lot width shall be 200 feet.
(2)
All activities of the church shall be limited
to an area of 20 acres or less.
(3)
Side yard and rear yard setbacks of not less
than 50 feet shall be provided from the lot lines to all buildings,
structures, and off-street parking and loading areas.
(4)
Screening shall be provided of any parking facility.
(5)
A maximum of 60% of the lot area may be covered
by impervious surface.
(6)
One church-related residence, as a use accessory
to the church, may be located on the same parcel as the church.
(7)
The applicant shall provide a traffic impact
study for the proposed use. The traffic impact study shall be prepared
in accordance with the requirements of this chapter.
C.
Cemetery.
(1)
In any zoning district in which a cemetery is
permitted, the following standards shall apply:
(a)
No burial ground or plot or any structure related
to the cemetery operation shall be located within:
(b)
No burial ground, plot, or structure shall be
located within a one-hundred-year floodplain or any riparian corridor
area.
(d)
The placement of burial vaults shall comply
with the following standards:
[1]
Multiple burial vaults may be placed in a single
plot (i.e., one above the other).
[2]
No vault shall be located less than three feet
beneath the ground surface, except where completely enclosed within
at mausoleum.
[3]
No vault shall be located where, at its greatest
depth below the ground surface, it may intrude upon the seasonal high-water
table.
[4]
All burial vaults shall be placed such that
the minimum horizontal separation between vaults is no less than two
feet to provide for percolation of stormwater. This provision shall
not apply to vaults completely enclosed within a mausoleum.
(e)
Natural buffer areas shall be retained to the
greatest degree feasible to mitigate impacts to the natural landscape
and provide for groundwater recharge.
(2)
As it deems necessary, the Board of Supervisors
may require additional information and/or safeguards to protect the
public.
[Added 11-11-2008 by Ord. No. 168]
A.
Flag lot standards.
(1)
Within the AG, RL and FR Zoning Districts, flag
lots are allowed for residential use only. Flag lots are prohibited
in all other zoning districts.
(2)
A flag lot may be allowed if:
(a)
It is established to preserve on-site resource
amenities such as agricultural land, woodland, steep slopes, scenic
views, historic sites, or other environmental amenities; and
(b)
The owner establishes that it would allow for
the reasonable subdivision of land which is physically constrained
by its irregular shape or limited road frontage by locating the buildable
area of the lot away from the resource amenities.
(3)
No more than a total of two flag lots may be
created from any parcel or lot in existence at the date of adoption
of this section.
B.
Requirements for the flag portion of the lot.
(1)
The minimum lot area and other dimensional requirements
of the underlying district shall be measured exclusively upon the
flag portion. The area of the flag pole shall not be used.
(2)
For purposes of required yards and setbacks,
the lot line of the flag portion which is closest and most parallel
to the street providing access to the lot shall be used to determine
the front yard. The rear and side yards shall be marked accordingly.
In all cases, the yard measurements shall be made to the lot lines
of the flag portion and not to the lot lines of the flag pole. (See
the flag lot diagram attached hereto and incorporated by reference
for a graphic depiction of the yard locations.[1])
[1]
Editor's Note: The flag lot diagram is included
at the end of this chapter.
C.
Requirements for the flag pole.
(1)
The width of the flag pole shall be a minimum of 32 feet. The subdivider shall demonstrate to the satisfaction of the Township Zoning Officer in consultation with the Township Engineer that all required stormwater, grading and the driveway can be accommodated within the proposed flag-pole width. In no case shall the width of the flag pole be less than 32 feet at its most narrow for a single driveway that is constructed to the standards as per Chapter 58.
[Amended 4-9-2013 by Ord. No. 190-2013]
(2)
The flag pole shall not exceed 800 feet in length
and shall not change direction more than once.
(3)
No part of the flag pole shall be used for any
portion of an on-lot sewage disposal system, nor any other improvement
except for a driveway and other permitted improvements such as landscaping,
fencing, utility connections to off-site facilities, mailboxes and
signs.
(4)
The driveway contained on the flag pole shall
be located at least 10 feet from the adjoining property line, 35 feet
from any existing habitable structures and 20 feet from any other
existing structure on the site of an adjoining property.
[Amended 4-9-2013 by Ord. No. 190-2013]
(5)
No driveway shall be located within 20 feet
of another driveway on the same side of the street unless authorized
as a joint-use driveway.
D.
Joint-use driveway.
(1)
When one or more flag lots are proposed, such
lots may rely upon a joint-use driveway for vehicular access.
(2)
All joint-use driveways shall have a minimum driveway width of 16 feet. The joint-use driveway may be exempt from the requirement of Subsection C(4) that a driveway contained on the flag pole be located 10 feet from an adjoining property line.
[Amended 4-9-2013 by Ord. No. 190-2013]
(3)
If a driveway is to provide a shared access
to a flag lot, then access agreements for joint ownership and maintenance
of the driveway shall be prepared and recorded. The subdivider shall
reference on the deeds for the new lots the recorded access agreements
for the joint ownership and maintenance of the driveway.
[Added 12-11-2018 by Ord.
No. 218-2018]
A.
A medical marijuana dispensary must be legally registered in the
commonwealth and possess a current valid medical marijuana permit
from the Pennsylvania Department of Health.
B.
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
C.
A medical marijuana dispensary may not operate on the same site as
a facility used for growing and processing medical marijuana.
D.
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
E.
Permitted hours of operation of a dispensary shall be 8:00 a.m. to
8:00 p.m. (of the same calendar day).
F.
A medical marijuana dispensary shall be used for secure storage of
product and shall have an interior customer waiting area equal to
a minimum of 25% of gross floor area.
H.
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
I.
The lot or property line of such business shall not be located within
1,000 feet of the lot line of any residence, residential use or residential
zoning district.
J.
The lot or property line of such business shall not be located within
1,000 feet of the lot or property line of any religious structure,
school, day-care facility, public or commercial recreation facility,
or public library.
L.
All loading and off-loading areas shall be within secure environments.
[Added 12-11-2018 by Ord.
No. 218-2018]
A.
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed and secure building which includes electronic
locking system, electronic surveillance, and other features required
by the Department of Health. The grower/processor facility shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreation vehicle or other motor vehicle.
B.
The floor area of a medical marijuana grower/processor shall include
sufficient space for production, secure storage of marijuana seeds,
related finished product cultivation, and marijuana-related material
used in production and cultivation or for required laboratory testing.
C.
There shall be no emission of dust, fumes, vapors, odors, or waste
into the environment from any facility where medical marijuana growing,
processing or testing occurs.
D.
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with Department of Health policy and shall
not be placed within any unsecure exterior refuse containers.
E.
The grower/processor shall provide only wholesale products to other
medical marijuana facilities. Retail sales and dispensing of medical
marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
F.
The lot or property line of such business shall not be located within
1,000 feet of the lot line of any residence, residential use, or residential
zoning district.
G.
The lot or property line of such business shall not be located within
1,000 feet of the lot or property line of any religious structure,
school, day-care facility, public or commercial recreation facility,
or public library.
I.
All loading and off-loading areas shall be within secure environments.
