A.
A1 Agriculture, general.
(1)
Minimum lot area: two acres.
(2)
No structure intended for the agriculture, general or agriculture,
intense uses, other than a dwelling or residential accessory use,
shall be constructed within 100 feet from any adjoining street or
property line, and all exhaust fans shall be directed away from the
closest residences.
(3)
The location of manure storage and processing facilities shall
conform to the requirements of the Pennsylvania Nutrient Management
Act.[1] Notwithstanding anything contained in this ordinance to
the contrary, all manure shall be managed in a manner that complies
with the Clean Streams Law[2] and the practices prescribed by the Manure Management
Manual.
(4)
Storage and application of pesticides, fertilizers and/or chemicals
shall be in accordance with federal and state laws.
(5)
All grazing and pasture areas utilized for this purpose shall
be fenced.
(6)
The keeping of ferrets, garbage-fed pigs and exotic animals
is prohibited.
(7)
The keeping of animals, other than pets, on 10 acres or more
of contiguous land shall constitute Agriculture, Intensive and shall
be governed by Pennsylvania Act 38 of 2005, as may be amended, known
as the "Agriculture, Communities and Rural Environment Act" (ACRE).[3]
[3]
Editor's Note: See 3 Pa.C.S.A. § 311 et seq.
(8)
The keeping of animals, other than pets, on less than 10 acres
or more of contiguous land shall be subject to the following requirements:
(a)
Livestock.
[1]
Livestock shall not be permitted to overgraze any
property in Middle Smithfield Township except during the winter months
of November through February. "Overgrazing" shall be defined as grazing
to the point of removing all or almost all vegetative growth from
the ground, leaving only one inch or less of cover.
[2]
The keeping of grazing animals shall be limited
to no more than one unit of grazing animals, as defined, on the first
two acres of contiguous land, and one unit of grazing animals per
acre for each contiguous acre of land.
[3]
The keeping of nongrazing animals shall be limited
to no more than five units of nongrazing animals on the first two
acres of contiguous land, and five units of nongrazing animals per
acre for each contiguous acre of land.
[4]
The keeping of both grazing and nongrazing animals
on the same acreage described above shall be limited to the maximum
number of grazing and nongrazing animals for the acreage provided
in the preceding subsections.
(b)
Poultry. The keeping of poultry shall be limited
to no more than 25 units of poultry for the first two acres of contiguous
land, and 25 additional units of poultry per acre for each contiguous
acre of land.
(c)
Exemption. Members of youth programs sponsored
and organized for the purpose of agricultural education and involving
traditional agricultural animals are hereby exempted from the provisions
of this subsection during the keeping and raising of traditional agricultural
animals within the parameter of the youth programs.
(9)
Silos shall be situated not less than the height of the silo
from any street or property line.
(10)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
B.
A2 Agriculture, intensive.
(1)
Minimum lot area: 10 acres.
(2)
The keeping of animals, other than pets, on 10 acres or more
of contiguous land shall constitute agriculture, intensive and shall
be governed by Pennsylvania Act 38 of 2005, as may be amended, known
as the "Agriculture, Communities and Rural Environment Act (ACRE)."[4]
[4]
Editor's Note: See 3 Pa.C.S.A. § 311 et seq.
(3)
All other rules and regulations set forth in Subsection A, Agriculture, general, to the extent not in conflict with other supplementary regulations set forth in this section, shall apply and are incorporated herein by reference as though set forth in its entirety.
(4)
Any building or structure used for the keeping or raising of
livestock or poultry shall be situated not less than 100 feet from
any street or property line. Livestock and poultry are not permitted
to run at large. A fenced-in area for the keeping of livestock and
poultry shall be provided and shall not be less than 100 feet from
a dwelling other than the owner's.
(5)
Silos shall be situated not less than the height of the silo
from any street or property line.
(6)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
C.
A3 Forestry.
(1)
These regulations shall apply when the total harvesting area
is 1/2 acre or greater in a calendar year for which a permit is required.
These provisions shall not regulate the following:
(a)
Cutting of up to 10% of trees with a trunk diameter
of six inches or greater (measured 3.5 feet above the ground level)
on a lot in any calendar year, provided such cutting does not involve
clear-cutting but instead involves routine thinning of woods;
(b)
Cutting of trees with a trunk diameter of less
than six inches (measured 3.5 feet above the ground level);
(c)
Cutting of dead trees; and
(d)
Cutting of trees that the applicant proves to the
Zoning Officer is necessary to accommodate a Township-approved subdivision,
land development, street, driveway, building, utility or use.
(2)
An application for forestry shall be made a minimum of 30 days
prior to the start of work. No forestry shall occur until a permit
has been issued by the Zoning Officer.
(3)
The application shall include a written timbering plan, which
shall be prepared by a qualified professional. The provisions of the
plan shall be followed throughout the operation. The plan shall be
available for inspection at the harvest site at all times during the
operation.
(4)
The landowner, the applicant and the timber operator shall be
jointly and separately responsible for complying with the terms of
the logging plan and permit.
(5)
Logging plan.
(a)
The applicant shall specify, in writing, the land
on which harvesting will occur, the expected size of the harvest area
and the anticipated starting and completion date of the operation.
The zoning permit shall be valid for up to two years from the date
of issuance.
(b)
The logging plan shall include, at a minimum, the
following information:
[1]
A narrative of proposed cutting practices and/or
stand prescription(s) for each stand in the proposed harvest area
and the construction, maintenance and retirement of the access system,
including haul roads, skid roads, skid trails and landings.
[2]
An erosion and sedimentation control plan approved
by the County Conservation District if over one acre will be disturbed.
[3]
All timbering activities shall use best management
practices which shall be shown on the plan.
[4]
A narrative of all stream and road crossings, including
required permits from the appropriate agency.
[5]
All Township and/or PennDOT highway occupancy permits,
if applicable.
[6]
An application shall be submitted to the Township,
with a map showing waterways, drainageways, approximate wetlands,
lakes, roads, lot lines and proposed harvest areas.
[7]
The application shall also include the name and
address of the property owner and the person who will be responsible
to oversee the forestry operations.
(6)
Forestry practices.
(a)
Felling or skidding on or across any public street
is prohibited without the express written consent of the Township
or PennDOT, whichever is responsible for maintenance of the street.
(b)
No tops or slash shall be left within 25 feet of
any public street, property line or private roadway providing access
to adjoining property.
(c)
All tops and slash between 25 feet and 50 feet
from a public street right-of-way or private road providing access
to adjoining property or within 50 feet of adjoining property shall
be lopped so that they do not extend more than four feet above the
surface of the ground.
(d)
Streams are an important natural resource that
provide for water quality, flood control, bank stabilization and other
ecological benefits. To insure their adequate protection, logging
is prohibited within 25 feet, plus one foot per percent of slope to
the edge of bank on each side of all perennial waterways; this setback
is doubled for streams rated "high quality" to 50 feet, plus one foot
per percent of slope to the edge of the stream bank.
(e)
All earthmoving within this area shall be minimized
or fully avoided.
(f)
No tops or slash shall be left within a stream
channel or floodway. Unless fully delineated, a floodplain shall be
assumed to be all that area within 50 feet of the center of a waterway.
(g)
The use of clear-cutting must be fully justified
by a forestry plan prepared by a qualified professional. Clear-cutting
shall be prohibited on slopes greater than 25%.
(h)
A twenty-foot minimum setback shall be maintained
for forestry operations from a public street right-of-way and from
any lot line of property, except that such lot line setback shall
not apply if the adjoining property owner provides a written, notarized
and signed waiver of the setback to the Zoning Officer.
(i)
If forestry operations involve more than two acres,
a minimum of 30% of the forest cover (canopy) shall be kept and the
residual trees shall be well distributed to promote reforestation.
(7)
Public road responsibility. The landowner and the operator shall
be responsible for repairing any damage to Township roads caused by
traffic associated with the forestry operations operation to the extent
the damage is in excess of that caused by normal traffic. The applicant
shall document the structural condition of the public roads that will
serve as the primary routes by trucks to the use, including core borings
and pictorial documentation, for review by the Township Engineer.
If it is determined that the roads are not able to support the proposed
design loads coming from the proposed operation and/or will be expected
to exceed the design capability of the original road design, then
the Township shall require that the applicant post financial security
to cover the costs of damage that may occur to public roads as a result
of the trucks. Such financial security shall remain in full force
until the Board of Supervisors issues a written notification that
all provisions of this chapter and the permit have been complied with,
provided that the Township has an engineered study of the condition
of said roads, including a traffic study of said roads involved; if
not, then the financial security requirement is waived per forestry
regulations regarding the hauling of timber over public roads.
(8)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
D.
A4 Kennel, state-licensed.
(1)
Minimum lot area: six acres.
(2)
Minimum setback: All boarding buildings, outdoor pens, stalls
and runways shall be located at least 200 feet from all residential
lot lines in a residential zoning district.
(3)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any adjacent
principal building.
(4)
Outdoor running areas shall be fenced in a manner that restricts
access and provides for a full enclosure. Runs for dogs shall be separated
from each other by visual barriers a minimum of four feet in height
to minimize dog barking.
(5)
No animal shall be permitted to use outdoor runs from 11:00
p.m. to 6:00 a.m. that are within 200 feet of an existing dwelling
in a residential zoning district.
(6)
The keeping of exotic animals shall not be permitted.
(7)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
E.
A5 Kennel, private, non-state-licensed.
(1)
Minimum lot area: six acres.
(2)
All buildings in which animals are housed and all runs shall
be located at least 200 feet from all residential lot lines in a residential
or conservation zoning district.
(3)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any adjacent
principal building.
(4)
Kennels covered by this use category must be constructed and
operated in accordance with the Canine Health Board Standards for
Commercial Kennels, as established by the commonwealth, as may be
amended from time to time.
(5)
The keeping of exotic animals shall not be permitted.
(6)
All other rules and regulations set forth in Subsection D, Kennel, state-licensed, to the extent not in conflict with other supplementary regulations set forth in this section, shall apply and are incorporated herein by reference as though set forth in its entirety.
(7)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
F.
A6 Nursery.
(1)
Minimum lot area: five acres.
(2)
No structure intended for the nursery use, other than a dwelling
or residential accessory use, shall be constructed within 100 feet
of any adjoining street or property line.
(3)
Storage and application of pesticides, fertilizers and/or chemicals
shall be in accordance with federal and state laws.
(4)
The maximum impervious surface ratio shall be 10%. This ratio
may be exceeded, provided the requirements of intensive agriculture
are met and provided intensive agriculture is a permitted use in the
applicable zoning district.
(5)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
G.
A7 Riding academy.
(1)
Minimum lot area: 2.5 acres for the first horse or similar animal,
plus one acre for each additional horse or similar animal.
(2)
No structure intended for the riding academy use, other than
a dwelling or residential accessory use, shall be constructed within
100 feet from any adjoining street or property line.
(3)
No corral or fenced-in area shall be within 50 feet of any street
or lot line.
(4)
All animals, except while exercising or pasturing, shall be
kept within a completely enclosed building which was erected and maintained
for that purpose.
(5)
The location of manure storage and processing facilities shall
conform to the requirements of the Pennsylvania Nutrient Management
Act.[5] Notwithstanding anything contained in this ordinance to
the contrary, all manure shall be managed in a manner that complies
with the Clean Streams Law[6] and the practices prescribed by the Manure Management
Manual.
(6)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
H.
A8 Stable.
(1)
Minimum lot area: 2.5 acres for the first horse or similar animal,
plus one acre for each additional horse or similar animal.
(2)
No structure intended for the riding academy use, other than
a dwelling or residential accessory use, shall be constructed within
100 feet from any adjoining street or property line.
(3)
No corral or fenced-in area shall be within 50 feet of any adjoining
street or property line.
(4)
All animals, except while exercising or pasturing, shall be
kept within a completely enclosed building which was erected and maintained
for that purpose.
(5)
The location of manure storage and processing facilities shall
conform to the requirements of the Pennsylvania Nutrient Management
Act.[7] Notwithstanding anything contained in this ordinance to
the contrary, all manure shall be managed in a manner that complies
with the Clean Streams Law[8] and the practices prescribed by the Manure Management
Manual.
(6)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
A.
B1 Conservation development.
(1)
See Article VI, Development Options, Division 63, Conservation Development Option, for regulations governing conservation developments which are incorporated into this provision by reference thereto as though set forth in their entirety herein.
(2)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
B.
B2 Dwelling, apartment complex. This use is subject to the following
supplementary regulations:
[Amended 3-10-2016 by Ord. No. 206]
(1)
Maximum density shall be six dwelling units per acre of "adjusted
tract area," calculated in accordance with § 130-020 of
the Zoning Ordinance.
(2)
A dwelling unit shall not be leased for periods of less than
30 days.
(3)
In addition to any sidewalk along a street that may be required
under the Subdivision and Land Development Ordinance (SALDO), a sidewalk
or other Township-approved pedestrian pathway shall connect a pedestrian
entrance of each apartment building to a street.
(4)
A minimum of 20% of the total land area shall be landscaped
in trees and shrubs, maintained in existing trees and natural vegetation
and/or improved for outdoor recreation uses. See also the recreation
land and/or fee requirements in the SALDO.
(5)
Exterior accessibility of buildings by emergency equipment shall
be reviewed by local fire officials.
(6)
An architectural elevation of each proposed new principal building
shall be provided to the Township for review at least 45 days prior
to the intended date of issuance of a construction permit for the
building.
(7)
Major resident pedestrian entrances to buildings shall include
a roof overhang, awning, canopy, inverted entrance or roof extension
to provide protection from inclement weather.
(8)
Rooftop heating and air-conditioning equipment shall be screened
from view from public streets by rooflines, parapet walls, grading
or architectural screens with materials and colors consistent with
the materials of the building.
(9)
Each dwelling unit shall be served by both public water and
public sewage services, unless prohibited by law, or such service
is not available to the property.
(10)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
C.
B3 Dwelling, boardinghouse.
D.
B4 Dwelling, dormitory. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
E.
B5 Dwelling, duplex.
(1)
All units within the project shall be connected to a publicly
or privately owned central sanitary collection and treatment system
and a central potable water distribution system. The system shall
meet appropriate minimum water pressure and fire flow and hydrant
requirements.
(2)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
F.
B6 Dwelling, group home.
(1)
Dwelling, group home uses shall meet the supplementary use regulations
for the particular type of dwelling which they occupy.
(2)
All zoning permit applications for a dwelling, group home shall
state, in addition to standard application information, the following:
(a)
Number of residents in said dwelling.
(b)
Number of professional staff members for said dwelling.
(c)
Type or classification of residents.
(d)
Whether twenty-four-hour, on-site staffing is required
and, if so, a statement that twenty-four-hour, on-site staffing will
be provided.
(e)
License number and/or certification number and/or
permit number from the Commonwealth of Pennsylvania for the operation
of said dwelling, group home. A copy of said license, certification
and/or permit shall be attached to the zoning permit application.
(f)
Description of the nature of care/treatment provided
at the dwelling, group home.
(g)
Identification of the sponsoring agency, if any,
of said dwelling, group home.
(h)
Verification that local emergency service providers
have been notified, in writing, of the presence of the dwelling, group
home.
(3)
The base maximum capacity in a dwelling, group home is six persons
(Professional and staff personnel are not included in this calculation.);
however, a higher number of residents may be approved by the Board
of Supervisors as part of the conditional use process, depending on
the type of dwelling unit(s) being occupied and the infrastructure
(i.e., water, sewer, parking and so forth) available to said use.
(4)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
G.
B7 Dwelling, mobile/manufactured home. This use shall comply
with all applicable federal, state and Middle Smithfield Township
laws, rules, ordinances and/or regulations.
H.
B8 Dwelling, residential conversion. This use shall comply with
all applicable federal, state and Middle Smithfield Township laws,
rules, ordinances and/or regulations.
I.
B9 Dwelling, single-family detached. This use shall comply with
all applicable federal, state and Middle Smithfield Township laws,
rules, ordinances and/or regulations.
J.
B10 Dwelling, townhouse or rowhouse.
(1)
All townhouse or rowhouse dwellings shall be serviced by either
a centralized sewage facilities system and either a centralized or
community water supply system.
(2)
Vehicular access points onto all public streets shall be minimized
to the lowest reasonable number; no townhouse dwelling within a tract
of three or more dwelling units shall have its own driveway entering
onto a public street.
(3)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
K.
B11 Dwelling, twin dwelling unit.
(1)
A dwelling, twin dwelling unit shall have only one driveway
access point onto a public road.
(2)
If a dwelling, twin dwelling unit shares a water and/or sewer
facilities system, any applicant for a zoning permit must provide
to the Zoning Officer a fully executed and recorded agreement for
the ownership and maintenance of said joint system(s) prior to the
issuance of a zoning permit.
(3)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
L.
B12 Homeless shelter, permanent.
(1)
A homeless shelter, permanent can be situated in any of the
following dwelling types and shall be compliant with all of the supplementary
use regulations set forth herein for said use. These uses include:
(2)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
M.
B13 Manufactured home park.
(1)
Minimum lot size for park: 2.5 acres.
(a)
Requirements for individual lots within the Manufactured
Home Park:
|
Table of Area and Dimensional Requirements For Manufactured
Home Parks
| |||||||
|---|---|---|---|---|---|---|---|
|
Use
|
Minimum Lot Area
(Square Fee)
|
Lot Width at Setback
(feet)
|
Front Yard Setback
(feet)
|
Side Yard Setback
(feet)
|
Rear Yard Setback
(feet)
|
Minimum Space Between Units
|
Boundary Setback
|
|
Single-wide to 61 feet
|
4,800
|
45
|
25
|
5
|
15
|
25
|
40
|
|
Single-wide at more than 61 feet
|
5,250
|
45
|
25
|
5
|
15
|
25
|
40
|
|
Double-wide
|
7,000
|
60
|
30
|
15
|
15
|
30
|
40
|
(2)
Access to individual mobile home spaces shall be from interior
parking courts, access drives or private streets and shall not be
from public streets exterior to the development.
(3)
All units within the mobile home park shall be serviced by either
a centralized sewage facilities system and either a centralized or
community water supply system.
(4)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
N.
B14 Senior active adult development. See Article VI, Development Options, Division 62, Senior Active Adult Development Option, for regulations governing senior active adult developments.[1]
[1]
Editor’s Note: Former Subsection O, B15 Traditional
Neighborhood Development, which immediately followed this subsection,
was repealed 9-4-2012 by Ord. No. 188.
A.
C1 Bed-and-breakfast. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
B.
C2 Cemetery.
(1)
A cemetery may be located on the same lot as an allowed place
of worship.
(2)
In no case shall any cemetery, grave site and/or structure relating
to a cemetery be located within the one-hundred-year floodplain of
an adjacent watercourse.
(3)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
C.
C3 Community center. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
D.
C4 Day-care center, state-licensed facilities. This use shall comply
with all applicable federal, state and Middle Smithfield Township
laws, rules, ordinances and/or regulations.
E.
C5 Detention facility. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
F.
C6 Gaming/gambling establishment. This use shall comply with all
applicable federal, state and Middle Smithfield Township laws, rules,
ordinances and/or regulations.
G.
C7 Golf course. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
H.
C8 Library or museum. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
I.
C9 Life-care facility. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
J.
C10 Medical facilities. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
K.
C11 Municipal service facility. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
L.
C12 Nursing home. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
M.
C13 Private club. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
N.
C14 Recreational camping park.
(1)
Minimum lot area: 20 acres.
(2)
Minimum setback requirements for all campsites and structures
shall be 75 feet from any lot line unless the abutting zoning district
is CON; in that case, the setback shall be 40 feet.
(3)
No person other than a bona fide resident manager/caretaker
shall reside at a recreational camping park for more than six months
in any calendar year.
(4)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
O.
C15 Recreational facility. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
P.
C16 Resort complex/commercial resort development.
(1)
See Article VI, Development Options, Division 61, Resort Complex/Commercial Resort Development Option use regulations governing resort complex/commercial resort developments.
(2)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
Q.
C17 School. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
R.
C18 Shooting range. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
S.
C19 Ski area. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
T.
C20 Theater. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
U.
C21 Treatment center. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
V.
C22 Worship, place of, and related uses.
(1)
A worship-related residence shall be accessory to, and located
upon the same parcel as, the place of worship and subject to all the
underlying zoning district's regulations.
(2)
If within a residential district, any new place of worship shall
be adjacent to an existing collector or arterial street that is in
public ownership.
(3)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
A.
D1 Office. This use shall comply with all applicable federal, state
and Middle Smithfield Township laws, rules, ordinances and/or regulations.
B.
D2 Business park.
(1)
At least 70% of the gross floor space of the business park shall
be utilized for office uses.
(2)
All uses within the business park shall take access from an
interior roadway.
(3)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
C.
D3 Data center. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
B.
E2 Communications antenna/tower and communications equipment
building.
(1)
Minimum setbacks: 100 feet, plus the total height of the antenna/tower
above ground level.
(2)
Maximum antenna/tower height: 200 feet above ground level.
(3)
Applicant shall submit a report that provides:
(a)
Tower type analysis, including, but not limited
to, guyed towers and monopole towers.
(b)
Statement that the antenna/tower must be constructed
where it is proposed in order to satisfy its function pursuant to
the communication industries' technological requirements.
(c)
A copy of the license from the Federal Aviation
Administration (FAA) and the Federal Communications Commission (FCC),
if applicable, prior to issuance of zoning permit.
(d)
Proposed antenna/tower will not interfere with
existing public safety telecommunications or otherwise, based upon
a study performed by a radio frequency engineer or other qualified
professional to analyze the threat of interference.
(e)
Co-location is unavailable within the proposed
service area.
(f)
Statement that the applicant agrees to permit co-location
on its facility, at reasonable market rates, of additional antennas
by another cellular or wireless communications provider, provided
that said co-location does not disrupt the applicant's service.
(g)
Evidence that the proposed antenna/tower is designed
to minimize visual intrusiveness and environmental impacts.
(4)
Any antenna/tower that is no longer in active use shall be completely
removed within six months after the discontinuance of use.
(a)
The owner/operator of the antenna/tower shall post
security to the Township, in a form acceptable to the municipality,
in an amount sufficient at the time of issuance of the zoning permit
to cover removal and site cleanup in the event antenna/tower use is
discontinued and abandoned. The security shall be utilized by the
municipality in the event that the owner/operator fails to remove
and cleanup the site within six months of discontinuance of use.
(5)
An antenna/tower attached to the ground shall be surrounded
by a security fence/gate with a minimum height of eight feet.
(6)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
|
Note:
| |
|---|---|
|
An antenna/tower intended to primarily serve emergency communications
by a Township-recognized police, fire or ambulance organization, and
that is on the same lot as an emergency services station, shall be
permitted by right in any zoning district as an accessory use to said
emergency service facility.
|
C.
E3 Emergency service facilities. This use shall comply with
all applicable federal, state and Middle Smithfield Township laws,
rules, ordinances and/or regulations.
D.
E4 Essential services/utilities. This use shall comply with
all applicable federal, state and Middle Smithfield Township laws,
rules, ordinances and/or regulations.
E.
E5 Helipad or heliport.
(1)
The applicant shall provide proof of approval from the Pennsylvania
Department of Transportation, Bureau of Aviation, prior to the issuance
of a zoning permit.
(2)
No pad for any helipad or heliport shall be within 300 feet
of any nonresidential property line and 500 feet of any residential
property line.
(3)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
F.
E6
principal solar energy system ("PSES").
[Added 12-28-2023 by Ord. No. 242]
(1)
Criteria applicable to all PSES:
(a)
PSES shall be permitted by conditional use only
in the I Commercial Industrial Zoning District.
(b)
The project narrative shall include the following:
an overview of the project, project location, the approximate generating
capacity, the number, representative types and heights of facilities
to be constructed, including their generating capacity, dimensions,
and respective manufacturers, and description of any ancillary facilities
to the principal solar energy system.
(c)
An affidavit or similar evidence of agreement between
the property owner and the solar energy facility owner or operator
demonstrating permission to apply for necessary permits for construction
and operation of a principal solar energy system facility.
(d)
All PSES applications after the effective date
of this chapter shall be required to meet the terms and conditions
of the Middle Smithfield Township Code of Ordinances, including but
not limited to stormwater management, subdivision and land development,
building and performance standards.
(e)
Any physical modification to any existing PSES,
whether or not existing prior to the effective date of this chapter,
that expands the PSES shall require approval under this chapter. Routine
maintenance or replacements do not require a permit.
(f)
The PSES layout, design and installation shall
conform to applicable industry regulations and with all other applicable
building, fire and life safety requirements.
(g)
All on-site utility transmission lines less than
34.5 kV and plumbing shall be placed underground to the greatest extent
feasible.
(h)
All PSES shall be situated to eliminate concentrated
glare onto nearby structures or roadways.
(i)
The owner of a PSES shall provide the Township
written confirmation that the public utility company to which the
PSES will be connected has been informed of the customer's intent
to install a grid-connected system.
(j)
Signage shall comply with the prevailing sign regulations.
(k)
The PSES owner and/or operator shall maintain a
phone number throughout the life of the project for the Middle Smithfield
Township Zoning/Code Enforcement Officer to contact with inquiries
and verified complaints. The PSES owner and/or operator shall make
reasonable efforts to respond to inquiries and complaints from the
Township. A contact name, with knowledge of the system, must be provided
to Middle Smithfield Township with updates due to employee advancement
or turnover.
(l)
The PSES shall meet the lot size requirements of
the applicable zoning district.
(m)
PSES shall comply with the following setback requirements:
[1]
Building setbacks of the I District shall apply,
except that when adjacent to any residential district or parcel, the
solar panels must meet a minimum fifty-foot setback. Fencing shall
comply with the setbacks of the I District.
[2]
If the PSES occupies two or more adjacent properties,
setbacks between the adjacent properties shall be waived along the
shared property boundaries so that the PSES may be installed continuously
and make the most efficient use of the project area.
(n)
No PSES shall encroach within any wetlands, wetland
buffer, watercourse buffer, steep slopes, floodplains, floodways and/or
other sensitive natural areas identified during the conditional use
hearing.
(2)
Ground-mounted PSES.
(a)
The PSES shall meet the lot size requirements of
the underlying zoning district.
(c)
Ground-mounted PSES shall not exceed 15 feet in
height.
(d)
Impervious coverage:
[1]
The area beneath the ground-mounted PSES is considered
pervious cover. However, use of impervious construction materials
under the system could cause the area to be considered impervious
and subject to the impervious surfaces limitations for the applicable
zoning district.
[2]
Gravel of paved access roads servicing the PSES
shall be considered impervious coverage and calculated as part of
the impervious coverage limitations.
(e)
Screening and vegetation:
[1]
Street screening shall consist of slat fencing
or shrubs, six feet to eight feet high when mature, that shall be
planted every 15 feet of property abutting a public right-of-way.
Shrubs shall be planted adjacent to or outside of the road right-of-way.
[2]
Residential buffer screening may be slat fencing
or a row of evergreen conifers or broadleaf evergreens spaced in accordance
with the chosen species to achieve a continuous visual barrier reaching
six feet to eight feet in height within two years of planting. Screening
may be a combination of plantings and/or structures with prior approval
by the Township.
[3]
Perimeter fence shall be placed between shrubs
and solar panels.
[4]
Widespread use of herbicides to control ground
cover growth is prohibited.
[5]
The applicant shall agree to, execute and record
a maintenance agreement ensuring the continued maintenance of the
screening in a manner and form acceptable to the Township, including
but not limited to the posting of a performance guarantee.
(f)
The ground-mounted PSES shall not be artificially
lit except to the extent required for safety or applicable federal,
state, or local authority.
(g)
Unless agreed to by the easement or right-of-way
holder, ground-mounted PSES shall not be placed within any legal easement
or right-of-way location, or be placed within any stormwater conveyance
system, or in any other manner that would alter or impede stormwater
runoff from collecting in a constructed stormwater conveyance system.
(h)
Security.
[1]
All ground-mounted PSES shall be completely enclosed
by a minimum eight-foot high fence with a self-locking gate.
[2]
A clearly visible warning sign shall be placed
at the base of all pad-mounted transformers and substations and on
the fence and on the surrounding the PSES informing individuals of
potential voltage hazards.
[3]
Access drives to solar inverter stations are required
to allow for maintenance and emergency management vehicles. A recommended
minimum cartway width is 20 feet.
[4]
The applicant shall provide a copy of the project
summary and site plan to local emergency services, including paid
or volunteer fire department(s).
[5]
The applicant shall cooperate with emergency services
to develop and coordinate implementation of an emergency response
plan for the principal solar energy system facility.
(i)
If a ground-mounted PSES is removed, any earth
disturbance as a result of the removal of the ground-mounted solar
energy system must be returned to an environmentally stable condition.
(j)
Decommissioning.
[1]
An affidavit, or similar evidence, signed by the
property owner and the PSES facility owner affirming a lease agreement
with a decommissioning clause (or similar) and a successors and assigns
clause. The decommissioning clause must provide sufficient funds to
dismantle and remove the PSES, including all solar-related equipment
or appurtenances related thereto, including but not limited to buildings,
electrical components, roads and other associated facilities from
the property. The successors and assigns clause must bind those successors
and assigns to the lease agreement.
[2]
The PSES owner is required to notify the Township
immediately upon cessation or abandonment of the operation. The PSES
shall be presumed to be discontinued or abandoned if no electricity
is generated by such system for a period of 12 continuous months and
the owner has not initiated necessary remedial actions to return the
PSES to a generating state. If the PSES owner fails to dismantle and/or
remove the PSES within 18 months of cessation or abandonment, the
Township may complete the decommissioning at the property owner's
expense. The PSES owner must post a bond when the application for
such a system is filed with the Township, in an amount determined
by the Township's Engineer, to ensure the proper decommissioning.
[3]
The PSES owner shall, at the request of the Township,
provide information concerning the amount of energy generated by the
PSES in the last 12 months.
[4]
During the operation of the facility, a new engineer's
estimate of cost for decommissioning shall be submitted every 10 years
to the Township. Upon approval of the estimated costs by the Township's
Engineer, a revised surety shall be provided to the Township in the
amount of 150% of the new estimate.
(3)
Roof- and wall-mounted PSES.
(a)
For roof- and wall-mounted systems, the applicant
shall provide evidence that the plans comply with the Uniform Construction
Code and adopted building code of the Township that the roof or wall
is capable of holding the load imposed on the structure.
(b)
PSES mounted on the roof or wall of any building
shall be subject to the maximum height regulations of the underlying
zoning district.
A.
F1 Adult use.
(1)
"Adult use" applies to "adult use, bookstore," "adult use, live
entertainment facility," "adult use, massage parlor" and "adult use,
movie theater."
(2)
The regulations on adult uses are intended to serve the following
purposes, in addition to the overall objectives of this chapter;
(a)
To recognize the adverse secondary impacts of adult
uses that affect health, safety and general welfare concerns of the
municipality and to limit the locations of adult uses where adverse
secondary impacts can be minimized; and
(b)
To not attempt to suppress any activities protected
by the free speech protections of the commonwealth and United States
constitutions, but instead to control secondary effects through the
criteria set forth below.
(c)
To recognize the adverse secondary impacts of adult
uses that affect health, safety and general welfare concerns of the
Township. These secondary impacts have been documented in research
conducted across the nation. These secondary impacts typically include,
but are not limited to, increases in criminal activity, increases
in activities that increase the risk of transmission of sexually transmitted
diseases, increases in activities that increase the risk of transmission
of other communicable diseases, increases in blight, decreases in
the stability of residential neighborhoods, and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
[Added 12-30-2013 by Ord. No. 198]
(3)
An adult use and parking and driveway areas that serve it shall
not be located within 500 lineal feet of any residential zoning district.
[Amended 12-30-2013 by Ord. No. 198]
(4)
An adult use and parking and driveway areas that serve it shall
not be located within 1,000 lineal feet of any existing dwelling on
another lot, nursing home, personal-care home, assisted-living center,
primary or secondary school, nursery school, place of worship or day-care
center, or from any noncommercial recreation park open to the general
public.
[Amended 12-30-2013 by Ord. No. 198]
(5)
No adult use shall be located within 1,000 lineal feet of any
existing adult use, measured from lot line to lot line.
(6)
No pornographic material, displays or words shall be placed
in view of persons who are not inside of the establishment.
(7)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
As specific conditions of approval under this ordinance, the applicant
shall prove compliance, where applicable, with the following state
laws, as amended: the Pennsylvania Liquor Code,[1] Act 219 of 1990 (which pertains to sale or consumption
of alcohol between 2:00 a.m. and 8:00 a.m.), Act 207 of 1990 (which
pertains to obscenity) and Act 120 of 1996 (which pertains to adult-oriented
establishments and which limits enclosed viewing booths among other
matters).
[Amended 12-30-2013 by Ord. No. 198]
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
(8)
An adult use shall be prohibited in all zoning districts except
where specifically allowed under the Table of Use Regulations Within
Zoning Districts of the Zoning Ordinance.[2] An adult use is a distinct use and shall not be allowed
under any other use, such as a retail store or club.
[Added 12-30-2013 by Ord. No. 198]
[2]
Editor's Note: The Table of Use Regulations Within Zoning Districts is included as an attachment to this chapter.
(9)
A minimum lot area of 1.5 acres is required.
[Added 12-30-2013 by Ord. No. 198]
(10)
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult videos or nude dancers.
[Added 12-30-2013 by Ord. No. 198]
(11)
No use may include sex acts or genital or sexual contact between
employees and/or entertainers; or between employees/entertainers and
customers.
[Added 12-30-2013 by Ord. No. 198]
(12)
Only lawful massages, as defined by state court decisions, shall
be performed in a massage parlor.
[Added 12-30-2013 by Ord. No. 198]
(13)
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except within an
approved lawful "adult use, live entertainment facility."
[Added 12-30-2013 by Ord. No. 198]
(14)
Any application for such use shall state the full legal name
of an on-site manager who shall be responsible for ensuring compliance
with this ordinance on a daily basis and who is authorized to accept
enforcement notices and other legal documents on behalf of the owners.
A telephone number shall be provided where the on-site manager can
be reached during Township business hours. Such information shall
be updated within two business days, in writing to the Zoning Officer,
after any change in the person assigned as the on-site manager.
[Added 12-30-2013 by Ord. No. 198]
(15)
) The use shall not operate between the hours of 12:00 midnight
and 7:00 a.m. If state alcohol laws require that the Township allow
a use to operate during later hours, then the adult use activities
shall cease at 12:00 midnight.
[Added 12-30-2013 by Ord. No. 198]
B.
F2 Convenience store and gas station. This use shall comply with
all applicable federal, state and Middle Smithfield Township laws,
rules, ordinances and/or regulations.
C.
F3 Drive-in business.
(1)
A stacking lane, serving a minimum of eight cars, shall be provided
for all drive-in windows which shall not be used for parking lot circulation
aisles, nor shall it in any way conflict with circulation or parking.
(2)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
D.
F4 Funeral home. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
E.
F5 Hotel/motel/inn. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
F.
F6 Health spa. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
G.
F7 Nightclub/bar/tavern. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
H.
F8 Open-air business/flea market.
(1)
Minimum lot area: two acres.
(2)
Minimum setbacks: 50 feet from any lot line and/or street line.
(3)
Outdoor sales areas shall not encroach upon required parking
areas and shall not interfere with traffic movement on the site.
(4)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
I.
F9 Race track.
(1)
Minimum lot area: 30 acres.
(2)
The location of manure storage and processing facilities shall
conform to the requirements of the Pennsylvania Nutrient Management
Act.[3] Notwithstanding anything contained in this ordinance to
the contrary, all manure shall be managed in a manner that complies
with the Clean Streams Law[4] and the practices prescribed by the Manure Management
Manual.
(3)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
J.
F10 Restaurant. This use shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
K.
F11 Restaurant, drive-in.
(1)
A stacking lane, serving a minimum of eight cars, shall be provided
for all drive-in windows which shall not be used for parking lot circulation
aisles, nor shall it in any way conflict with circulation or parking.
(2)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
L.
F12 Service business. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
M.
F13 Shopping center. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
N.
F14 Store, large retail. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
O.
F15 Store, retail. This use shall comply with all applicable
federal, state and Middle Smithfield Township laws, rules, ordinances
and/or regulations.
P.
F16 Vehicle parking lot or garage. This use shall comply with
all applicable federal, state and Middle Smithfield Township laws,
rules, ordinances and/or regulations.
Q.
F17 Vehicle sales.
[Amended 11-14-2019 by Ord. No. 228]
(1)
Minimum lot area: one acre.
(2)
Minimum setback requirement from any lot line shall be 40 feet.
(3)
This use shall be the only principal use permitted on the lot,
with the exception of a F18 vehicle service and repair facility owned
by the same person/entity.
(4)
Buffer screenings in accordance with § 130-090 must
be provided.
(5)
This use shall be a conditional use in the C1 and C2 zoning
districts, a permitted use in the I zoning district, and a prohibited
use in all other zoning districts.
(6)
This use shall comply with all applicable federal, state and
MST laws, rules, ordinances and/or regulations.
R.
F18 Vehicle service and repair facility.
S.
F19 Veterinarian office or clinic. This use shall comply with
all applicable federal, state and Middle Smithfield Township laws,
rules, ordinances and/or regulations.
T.
F20 Self-storage facilities.
[Added 11-14-2019 by Ord.
No. 228]
(1)
Minimum lot area: two acres.
(2)
Minimum setback requirement from any lot line shall be 40 feet.
(3)
Buffer screenings in accordance with § 130-090 must be
provided.
(4)
Shall be surrounded by a privacy fence at least six feet in height.
(5)
Outdoor storage shall be limited to recreational vehicles, boats
and trailers. No junk vehicles shall be stored. The outdoor storage
area shall not be located in the required set back yards and shall
not interfere with traffic movement through the complex.
(6)
Trash, radioactive or highly toxic substances, garbage, refuse, explosive
materials, hazardous substances or similar items shall not be stored.
(7)
Nothing shall be stored in interior traffic aisles, required off-street
parking areas, loading areas or accessways.
(8)
This use shall be a conditional use in the C1 and C2 zoning districts,
a permitted use in the I zoning district, and a prohibited use in
all other zoning districts.
(9)
This use shall comply with all applicable federal, state and MST
laws, rules, ordinances and/or regulations.
B.
G2 Bus maintenance/storage yard. This use shall comply with
all applicable federal, state and Middle Smithfield Township laws,
rules, ordinances and/or regulations.
C.
G3 Extractive operation, sand and gravel pit, asphalt/concrete
facility.
(1)
If a mineral extraction use involves mining activities over
more than one acre of land in any calendar year, then the following
additional requirements shall be met:
(a)
The applicant shall prove that a continuous route
over roads will be available and will be used by trucks leaving the
use that entirely involves roads with a minimum paved cartway width
of 18 feet from the exit driveway of the mineral extraction use to
reach Route 209 or Route 402. This route shall consider any improvements
that the applicant proposes to fund.
(b)
A copy of all information submitted to and received
from federal and/or state agencies in accordance with their regulations,
as amended, shall also be submitted to the Zoning Officer prior to
the issuance of a use permit.
(c)
A detailed and appropriate land reclamation and
reuse plan of the area to be excavated shall be submitted to the Zoning
Officer. Compliance with such plan shall be a condition of Township
permits.
(d)
After areas are used for mineral extraction, those
areas shall be reclaimed in phases to a nonhazardous and environmentally
sound state permitting some productive or beneficial future use.
(2)
The following minimum setbacks shall apply for the excavated
area of a mineral extraction use from property that is not owned by
the owner or operator of the mineral extraction use:
(a)
Fifty feet from the existing right-of-way of public
streets and from all exterior lot lines of the property.
(b)
One hundred feet from a nonresidential principal
building unless released by the owner thereof.
(c)
One hundred fifty feet from the lot line of a dwelling
in a residential or conservation district.
(d)
One hundred fifty feet from the lot line of a publicly
owned recreation area that existed at the time of application for
the use or expansion of the use.
(e)
The excavated area of a mineral extraction use
shall meet the setback of 50 feet from the average waterline of a
perennial stream or the edge of a natural wetland of more than two
acres.
(3)
Truck access to the use shall be located to reasonably minimize
hazards on public streets and dust and noise nuisances to residences.
(4)
Stone quarry. Stone quarries whose ultimate depth shall be more
than 25 feet shall provide the following:
(a)
A screening planting within the setback area as
specified above shall be required. Such a screening shall be no less
than 25 feet in width and set back from the excavation so as to keep
the area next to the excavation planted in grass or ground cover and
clear of any obstruction.
(b)
A chain link (or equal) fence at least 10 feet
high and with an extra slanted section on top, strung with barbed
wire, shall be placed at either the inner or outer edge of planting
completely surrounded the area.
(c)
Warning signs shall be placed on the fence at intervals
of no more than 100 feet.
(d)
The activities and residual effects shall not create
conditions that are significantly hazardous to the health and safety
of neighboring residents.
(e)
A plan shall be submitted showing sequential phases
of mining activities on the land. Mining activities shall be conducted
on a maximum of 10 acres at a time. Reclamation shall be initiated
on one phase before the next phase is opened for mining.
(f)
A plan shall be submitted showing how dust will
be controlled.
(5)
Groundwater or springwater withdrawal, involving removal of
an average of more than 10,000 gallons per day from a lot for off-site
consumption. (Note: If the water is being utilized for uses on adjacent
lots or as part of a central water system, it shall not be considered
off-site consumption.)
(6)
Water studies. [This subsection does not apply to asphalt/concrete
facilities.]
(a)
Purposes: to provide the Township with information
to properly evaluate the impact a proposed development will have upon
groundwater resources and to make sure that adequate water supplies
will be available for the proposed use without negatively impacting
adjacent uses dependent upon the same water source.
(b)
Credentials. The study shall be prepared, signed
and sealed by a professional geologist or professional engineer with
substantial experience in preparing similar studies. The written credentials
of the person conducting the study shall be submitted to the Township.
(c)
The hydrogeologic study, at a minimum, shall include
the following:
[1]
A location map for the proposed development showing
proximity to waterways, lakes and major roads.
[2]
A proposed thirty-day average rate and maximum
daily rate of groundwater or springwater withdrawal from each water
source.
[3]
A map showing water withdrawal points.
[4]
An analysis of the impacts of the water withdrawal
upon the groundwater supply and upon uses and creek levels within
a 1/2 mile radius of the project, including agricultural activities.
[5]
Consideration of the impacts during both normal
conditions and drought conditions. Drought conditions shall be documented.
[6]
The Board of Supervisors may require that the study
include the construction of test wells to determine the impacts. The
Board of Supervisors may require a draw-down test with monitoring
of existing wells or a new monitoring well for a period of time (such
as over 48 hours) necessary to determine the impacts upon neighboring
wells. The level, rates, dates and times of water measurements shall
be provided, and weather conditions shall be documented. The impacts
upon a reasonable sampling of existing wells shall be recorded, provided
that the owners of such wells grant permission for such studies.
[7]
The study shall be professionally acceptable to
the Township Engineer or his designee.
(7)
The applicant is requested to offer a written statement of what,
if any, guarantees, limitations or protections the applicant is willing
to commit to address water issues. The applicant may, for example,
offer to upgrade a neighboring well that becomes insufficient within
a certain period of time and may exempt certain shallow wells from
such offer.
(8)
The gallons of usage may be measured based upon average use
over a thirty-day period.
(9)
Minimum lot area: five acres, plus any additional acreage that
the water study may indicate is needed to show that the net withdrawal
from the site will be neutral in its ability to be replenished by
natural or other sources, up to a maximum of 100 acres.
(10)
Any bottling or processing operations shall be considered a
distinct use and shall meet the requirements of this chapter.
(11)
If the water will be trucked off site, any area used for loading
or unloading of tractor-trailer trucks shall be set back a minimum
of 150 feet from any adjacent residential or conservation district.
(12)
The applicant shall provide a written report by a professional
engineer with substantial experience in traffic engineering. Such
study shall analyze the suitability of the area street system to accommodate
the truck traffic that will be generated in terms of structure, geometry,
safety and capacity to accommodate the additional truck traffic. The
applicant shall document the structural condition of the public roads
that will serve as the routes by trucks from the use, including core
borings and pictorial documentation, for review by the Township Engineer.
If it is determined that the roads are not able to support the proposed
design loads coming from the proposed operation and/or will be expected
to exceed the design capability of the original road design, then
the Township shall require that the applicant post financial security
to cover the costs of damage that may occur to public roads as a result
of the trucks carrying mining materials.
(13)
Explosives that may be stored on site for use in extractive
operations shall only be in strict conformance with state and federal
law, as amended. Permits and licenses to store and/or warehouse explosives
shall be provided to the Township prior to the issuance of a zoning
permit.
(14)
Hours of operation. The Board of Supervisors, as a condition
of conditional use approval, may reasonably limit the hours of operation
of the use and of related trucking and blasting operations to protect
the character of adjacent residential areas.
(15)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
D.
G4 Fuel storage and distribution. This use shall comply with
all applicable federal, state and Middle Smithfield Township laws,
rules, ordinances and/or regulations.
E.
G5 Junkyard.
(1)
Secure fencing with a minimum height of eight feet shall be
provided and well maintained around all outdoor storage areas; the
contents of such use shall not be placed or deposited to a height
greater than the height of the fence or wall herein prescribed and
shall be stored in such a manner to insure that it will not be transferred
out of the junkyard by wind, water or other natural causes.
(2)
The storage and/or dumping of trash, garbage, biodegradable
material, toxic chemicals or nuclear wastes shall be prohibited.
(3)
All materials shall be stored in such a manner as to prevent
the breeding or harboring of rats, insects or other vermin. When necessary,
this shall be accomplished by enclosure in containers, raising of
materials above the ground, separation of types of material, preventing
the collection of stagnant water, extermination procedures or other
means.
(4)
All vehicles must be drained of all liquids before they are
placed in the junkyard. An impervious base, free of cracks and sufficiently
large for draining liquids from all vehicles, shall be provided to
prevent contamination of groundwater or nearby waterways. The base
should be sloped to drain to a sump or holding tank, and liquid shall
be removed from the site as often as is necessary to prevent overflow
of the system. Curbing around the pad must be able to retain runoff
from a one-hundred-year, twenty-four-hour storm. All hazardous liquids
shall be properly disposed of according to state regulations, as amended.
(5)
All batteries shall be removed from vehicles and properly stored
in a suitable area on an impervious and properly drained surface.
(6)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
F.
G6 Landfill, sanitary.
(1)
Minimum lot area: 50 acres.
(2)
Minimum setback: 200 feet from lot line(s) and street line(s).
(3)
No burning or incineration shall occur except within an approved
waste-to-energy facility.
(4)
The applicant shall prove, to the satisfaction of the Board
of Supervisors, that the existing street network can handle the additional
truck traffic, especially without bringing extraordinary numbers of
trash-hauling trucks through or alongside existing residential or
residentially zoned areas and especially considering the width and
slopes of streets in the Township.
(5)
The use shall be served by a minimum of two paved access roads,
each with a minimum cartway width of 24 feet. One of these roads may
be restricted to use by emergency vehicles. The applicant shall document
the structural condition of the public roads that will serve as the
primary routes by trucks to the use, including core borings and pictorial
documentation, for review by the Township Engineer. If it is determined
that the roads are not able to support the proposed design loads coming
from the proposed operation and/or will be expected to exceed the
design capability of the original road design, then the Township shall
require that the applicant post financial security to cover the costs
of damage that may occur to public roads as a result of the trucks.
(6)
A sanitary landfill shall only be approved if the applicant
proves that a continuous route over roads is available that entirely
involves roads with a minimum paved cartway width of 18 feet between
the exit driveway of the landfill and Route 209 or Route 402.
(7)
A chain link or other approved fence with a minimum height of
eight feet shall surround active sanitary landfills to prevent the
scattering of litter and to keep out children, unless the applicant
proves, to the satisfaction of the Board of Supervisors, that this
is unnecessary. The Board shall require that earth berms, evergreen
screening and/or shade trees, as needed, be used to prevent landfill
operations from being visible from dwellings. At a minimum, a one-hundred-foot
buffer shall be provided along all property lines. The buffer shall
meet the requirements of this chapter.
(8)
An attendant shall be present during all periods of operation
or dumping.
(9)
The operator of the use shall cooperate fully with local emergency
services. This should include allowing practice exercises on the site
and the provision of all information needed by the emergency services
to determine potential hazards. Adequate means of emergency access
shall be provided.
(10)
The operator shall regularly police the area of the facility
and surrounding streets to collect litter that may escape from the
facility or trucks.
(11)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
G.
G7 Manufacturing.
(1)
The manufacture of fireworks shall not be allowed in the C1
District. Fireworks that may be manufactured, stored and/or warehoused
in the Industrial District shall only be in strict conformance with
state and federal law, as amended. Permits and licenses to store and/or
warehouse explosives shall be provided to the Township prior to the
issuance of a zoning permit.
(2)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
H.
G8 Manufacturing, light.
(1)
The use shall be conducted within a completely enclosed building.
(2)
The use shall not create explosive or fire hazards.
(3)
The use shall not involve outdoor storage of materials that
exceeds more than 50% of the building floor area.
(4)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
I.
G9 Resource recovery facility.
(1)
Minimum lot area: 10 acres.
(2)
Any such use shall be a minimum of 200 feet from any public
road as measured from the ultimate right-of-way of the road and 200
feet from any property line. Additionally, any resource recovery facility
shall be a minimum of 300 feet from any residential zoning district.
(3)
Parking areas, vehicle storage, maintenance or accessory buildings
shall be a minimum of 100 feet from any property line.
(4)
Operation of a resource recovery facility shall at all times
be in full compliance with the statutes of the commonwealth, as amended,
the rules and regulations of the Department of Environmental Protection
(DEP), as amended, and all provisions of this chapter and all other
applicable ordinances. In the event that any of the provisions of
this chapter are less restrictive than any present or future rules
or regulations of the DEP, the more restrictive DEP regulations shall
supersede and control.
(5)
Litter control shall be exercised to confine blowing litter
to the work area, and a working plan for cleanup of litter shall be
submitted to the municipality. To control blowing paper, there shall
be erected a fence having a minimum height of six feet, with openings
not more than three inches by three inches inside all boundaries.
The entire area shall be kept clean and orderly.
(6)
Access to the site shall be limited to those posted times when
an attendant is on duty. In order to protect against indiscriminate
and unauthorized dumping, every resource recovery facility shall be
protected by locked barricades, fences, gates or other positive means
designed to deny access to the area at unauthorized times or locations.
Such barricade shall be at least six feet high and shall be kept in
good repair and neatly painted in a uniform color. This limitation
of access may be waived by the governing body for recycling dropoff
stations where public access is essential for the operation.
(7)
Unloading of municipal waste shall be continuously supervised
by a facility operator.
(8)
Hazardous waste, as included on the list of hazardous waste
maintained by the Department of Environmental Protection (DEP), shall
not be disposed of in a resource recovery facility.
(9)
All parts of the process, including unloading, handling and
storage of municipal waste, shall occur within a building. However,
certain separated, nonputrescent, recyclable materials like glass,
aluminum and other materials may be unloaded, handled or stored outdoors
when authorized by the governing body. All outdoor storage shall meet
the standards of other subsections hereof.
(10)
Paper shall be stored within an enclosure.
(11)
Any materials stored outdoors shall be properly screened so
as not to be visible from any adjacent streets or properties.
(12)
No material shall be placed or deposited to a height greater
than the height of the fence or wall herein prescribed.
(13)
No municipal waste shall be processed or stored at a recycling
facility. For types of resource recovery facilities other than a recycling
facility, municipal waste shall not be stored on the site for more
than 72 hours.
(14)
A contingency plan for disposal of municipal waste during a
plant shutdown must be submitted to the municipality and approved
by the governing body.
(15)
For a solid waste transfer facility, all loading and unloading
of solid waste shall only occur within an enclosed building and over
an impervious surface drain to a holding tank that is then adequately
treated. All solid waste processing and storage shall occur within
enclosed buildings or enclosed containers.
(16)
Leachate from the municipal waste and water used to wash vehicles
or any part of the operation shall be disposed of in a manner in compliance
with the Pennsylvania Department of Environmental Protection's (DEP's)
regulations, as amended. If the leachate is to be discharged into
a municipal sewage treatment plant, appropriate permits shall be obtained
from the applicable agencies and authorities. In no event shall the
leachate be disposed of in a storm sewer, to the ground or in any
other manner inconsistent with the DEP regulations.
(17)
Waste from the resource recovery facility process shall be stored
in such a manner as to prevent it from being carried from the site
by wind or water. Such residual waste shall be located at least 200
feet from any property line and stored in leakproof and vectorproof
containers. Such residual processed waste shall be disposed of in
a sanitary landfill approved by the Pennsylvania Department of Environmental
Protection (DEP) or in another manner approved by DEP.
(18)
A fifty-foot dense evergreen buffer shall be maintained as a
permanent visual screen. The visual screen shall begin at the ground
and extend to the height of the fence. Evergreens shall be six feet
to eight feet in height when planted. The lower branches of mature
trees shall not be removed. The buffer shall meet the requirements
of this chapter.
(19)
A traffic impact study and a water impact study shall be required.
(21)
Recycling collection center as an accessory use, including being
an accessory use to a commercial use, an industrial use, a public
or private primary or secondary school, a place of worship or a Township-owned
use, subject to the limitations of this section.
(22)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(23)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(24)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum and glass. No garbage shall be stored as part of the use
except for that generated on site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(25)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning and closely similar
work. No burning or land filling shall occur. No mechanical operations
shall routinely occur at the site other than operations such as baling
of cardboard.
(26)
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds except within the
industrial district.
(27)
The use shall include the storage of a maximum of 50 tons of
materials on the site if the use is within a residential district
and within 200 feet of an existing dwelling.
(28)
Any composting of manure shall be restricted to lots of five
acres or greater. Such composting shall comply with the published
manure management standards of the Pennsylvania State University Cooperative
Extension Service, as amended.
(29)
All composting shall be conducted in such a manner that does
not create a fire hazard or create a rodent or disease-carrying insect
hazard and does not cause noxious odors off of the subject property.
(30)
Composting shall be permitted as an accessory use, provided
that the composting is limited to biodegradable vegetative material,
including trees, shrubs, leaves and vegetable waste. Such composting
shall be kept free of other garbage and animal fats.
(31)
Setbacks. Composting areas of greater than one acre shall be
set back 75 feet from abutting residential lot lines.
(32)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
L.
G12 Wholesale/warehousing.
(1)
Explosives shall not be allowed in the C1 District. Explosives
that may be stored and/or warehoused in the Industrial District shall
only be in strict conformance with state and federal law, as amended.
Permits and licenses to store and/or warehouse explosives shall be
provided to the Township prior to the issuance of a zoning permit.[2]
[2]
Former Subsection L(2), regarding mini-warehouses, which immediately
followed this subsection, was repealed 11-14-2019 by Ord. No. 228.
This ordinance also renumbered former Subsection L(3) as Subsection
L(2).
(2)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
A.
H1 Accessory structures. Accessory structures shall only be allowed
as accessory to a principal structure within the terms of this chapter.
All accessory structures shall comply with all applicable federal,
state and Middle Smithfield Township laws, rules, ordinances and/or
regulations.
(1)
Accessory structures for nonresidential principal structures.
(a)
Building height and setback requirements shall
meet the requirements for the principal use in the district in which
it is located.
(b)
Outside storage and display areas shall occupy
an area of less than 1/2 the existing building coverage.
(c)
Outside storage areas shall be shielded from view
from all public streets and adjacent residential lots, except that
in the case of a retail commercial use with over 50,000 square feet
of gross floor area, the Board of Supervisors may allow an outdoor
area for display of retail merchandise that fronts on PA 209 to be
visible from PA 209.
(d)
Outside displays shall be shielded from any adjacent
residential uses.
(e)
Outdoor storage or displays shall not occupy any
part of any of the following: the existing or future street right-of-way,
sidewalk or other area intended or designed for pedestrian use or
required parking area.
(f)
No such storage or displays shall occur on areas
with a slope in excess of 25% or within the one-hundred-year floodplain.
(g)
Any outdoor storage or more than five tires on
a lot in a residential district or more than 50 in a nonresidential
district shall only be permitted as part of a Township-approved junkyard.
(h)
Accessory structures, outside storage and display
areas shall not encroach upon the front yard or any buffer yard.
(2)
Fences and walls.
(a)
Any fence or wall shall be durably constructed
and well maintained. Fences that have deteriorated shall be repaired,
replaced or removed.
(b)
No fence, wall or hedge shall obstruct the sight
requirements elsewhere in this chapter.
(c)
Any fence located in the required minimum front
yard of a lot in a residential district shall be an open-type of fence
(such as picket, wrought iron, chain link or split rail) with a minimum
ratio of 1:1 of open to structural areas and not exceeding five feet
in height.
(d)
On a corner lot, a fence or wall shall meet the
same requirements along both streets as would apply within a front
yard. A fence shall not be required to comply with minimum setbacks
for accessory structures.
(e)
A fence located in a residential district in a
location other than a required front yard shall have a maximum height
of six feet, except a maximum of height of 12 feet shall be permitted
where the applicant proves to the Zoning Officer that such taller
height is necessary to protect public safety around a specific hazard.
(f)
No fence shall be built within an existing street
right-of-way. A fence may be constructed without a setback from a
lot line except where buffer plantings are required elsewhere in this
chapter. Where no setback is required, a one-foot-or-greater setback
is recommended to provide for future maintenance of the fence and
to account for possible inaccurate lot lines.
(g)
Barbed wire shall not be used as part of fences
around dwellings. Electrically charged fences shall only be used to
contain farm animals and shall be of such low intensity that they
will not permanently injure humans. No fence or wall shall be constructed
out of fabric, junk, junk vehicles, appliances, drums or barrels.
(h)
Engineered retaining walls necessary to hold back
slopes are exempted from setback regulations and the regulations of
this section and are permitted by right, as needed, in all districts.
However, if a retaining wall is over eight feet in height, it shall
be set back a minimum of 15 feet from a lot line, or further if structural
holdbacks longer than 15 feet are required. The setback shall then
be a minimum of five feet beyond the limit of the structural holdbacks.
(i)
No wall of greater than four feet shall be located
in the required front yard in a residential district except as a backing
for a permitted sign as permitted elsewhere in this chapter.
(j)
A wall in a residential district outside of a required
front yard shall have a maximum height of four feet if it is within
the minimum accessory structure setback.
(k)
Walls that are attached to a building shall be
regulated as a part of that building.
(3)
Accessory structures to residential principal structures.
(a)
A garage for personal motor vehicles, a storage
shed for household items, a gazebo, a private greenhouse and similar
accessory buildings shall be allowed. These structures may be placed
in side and rear yards at a distance from property lines of no less
than five feet, unless an easement limits the ability to place the
accessory structure that close to the property line, provided that
the size of the structure is no more than 160 square feet. Structures
in excess of 160 square feet shall be set back a minimum of 10 feet
from the property line, unless an easement limits the ability to place
the accessory structure that close to the property line.
(b)
A side yard setback is not required for a structure
that is accessory to a dwelling from a lot line along which two dwellings
are attached (such as a lot line shared by twin dwellings). However,
such structure shall still meet the minimum side yard on a lot line
where the dwellings are not attached.
(c)
Accessory structures shall not be located within
a front yard nor within any yard required to be equal in width to
a front yard along a street on a corner lot.
(4)
Recreational vehicles. No such vehicle shall be used for living,
sleeping or housekeeping purposes when parked or stored on a residential
lot or in any location not approved for such a use, except for special
occasions.
(5)
Swimming pools.
(a)
No person, owner or occupant of land shall install
or maintain a swimming pool or other artificial body of water capable
of being filled to a depth exceeding 24 inches at the deepest or lowest
point, unless a permit is first obtained from the Zoning Officer and
the required plans and information are filed, together with required
permit fees. Wading pools, which are exempt from the provisions of
this ordinance, are those temporary pools of plastic, light metal
or other light-duty material which do not exceed 24 inches in depth
at the deepest or lowest point and, in addition, which are completely
emptied of water when not in use.
(b)
Each pool or water area and the decking, paving
or coping surrounding it or associated with it shall be located not
less than the front building line and no closer than 10 feet to any
property line, unless an easement limits the ability to place the
swimming pool that close to the property line.
(c)
Building permits are required prior to the construction,
alteration or remodeling of, or additions to, a swimming pool or other
artificial water areas not specifically exempt from this ordinance.
Proposed grading associated with the installation of a new pool shall
be shown on all submitted permit plans.
(d)
Any pool or water area subject thereto shall be
suitably designed, located and maintained so as not to become a nuisance
or hazard either to adjoining property owners or the public generally.
For an above ground pool, all detachable ladders shall be removed
when the pool is not in use. Outdoor lighting, if used, shall be installed
in such a way as to be shielded and not to reflect toward or into
the interior of adjacent residential properties.
(e)
A minimum isolation distance of 10 feet shall be
required between a swimming pool and any sewage disposal system.
(f)
No pool shall be located under any electrical power
lines (including service lines), and the pool must be located at least
10 feet (measured horizontally) from such power lines.
(g)
Should the owner abandon the pool, a demolition
permit shall first be obtained from the Zoning Officer.
(6)
Satellite dish antennas, aerials, masts, radio and television
facilities and flagpoles.
(a)
Such structures shall be set back from all property
lines a distance equal to the height of the structure.
(b)
Such structures shall be anchored to the ground
in accordance with building code requirements.
(c)
Such structures may have a maximum height of up
to 75 feet.
(d)
The following additional regulations shall apply
to satellite dish antennas:
[1]
Satellite dish antennas one meter (39.37 inches)
or less in diameter are subject to the following regulations:
[a]
A satellite dish shall not be located within the
front yard of a residential structure, unless the applicant demonstrates
that the location of the satellite dish in the rear or side yard would
result in the obstruction of the antenna's reception window; furthermore,
such obstruction involves factors beyond the control of the applicant.
[b]
Roof mounting.
[i]
For residential uses, the antenna shall be located
on a portion of the roof sloping away from the front of the lot, and
no part thereof shall project above the ridgeline, unless the applicant
demonstrates that anchoring the antenna to the rear portion of the
roof would result in the obstruction of the antenna's reception window;
furthermore, such obstruction involves factors beyond the control
of the applicant.
[ii]
If the total height of the satellite dish antenna
and mast will exceed 12 feet above the roofline, the applicant must
provide a certified statement from a registered engineer that the
proposed installation meets or exceeds the building code requirements.
This shall include documentation of the load distributions within
the building's support structure.
[c]
A satellite dish antenna shall not be mounted on
a chimney.
[d]
Historic properties. The location of satellite
dishes on a designated or eligible historic site, building, structure
or object is subject to review by the Township and other regulatory
agencies having jurisdiction over said historical properties.
[2]
Satellite dish antennas greater than one meter
(39.37 inches) in diameter are permitted by conditional use only,
subject to the following regulations:
[a]
When separately supported, the total height of
the satellite dish antenna shall not exceed 12 feet.
[b]
When separately supported, the satellite dish antenna
shall be screened by staggered plantings of evergreen trees or hedges
which present a solid visual barrier to any adjoining residential
uses and to the street.
[c]
Historic properties. The location of satellite
dishes on a designated or eligible historic site, building, structure
or object is subject to review by the Township and other regulatory
agencies having jurisdiction over said historical properties.
[d]
Roof mounting of any satellite dish antenna is
only permitted subject to the following:
[i]
The applicant must demonstrate that anchoring the
antenna to the ground would result in the obstruction of the antenna's
reception window; furthermore, such obstruction involves factors beyond
the control of the applicant.
[ii]
A satellite dish antenna shall not be mounted
on a chimney.
[iii]
If the total height of the satellite dish antenna
and mast will exceed 12 feet above the roofline, the applicant must
provide a certified statement from a registered engineer that the
proposed installation meets or exceeds the building code requirements.
This shall include documentation of the load distributions within
the building's support structure.
[3]
For commercial uses, for antennas greater than
one meter (39.37 inches) in diameter, the applicant must provide a
certified statement from a registered engineer that the proposed installation
meets or exceeds the building code requirements. This shall include
documentation of the load distributions within the building's support
structure.
[4]
Residential installations: The diameter of a satellite
dish antenna shall not exceed nine feet when proposed as an accessory
use to a residential use or to any use in CON, RR, R1, R2 and R3 Districts.
[5]
Commercial installations: The diameter of a satellite
dish antenna shall not exceed 23 feet when proposed as an accessory
use to any use in the C1, C2 and I Districts.
B.
H2 Accessory uses. The following shall be allowed as an accessory
to a principal dwelling, within the following requirements:
(1)
Parking.
(a)
Parking for motor vehicles, provided that there
shall not be exterior parking of more than one commercial vehicle.
A maximum of two commercial vehicles may be parked on the lot. No
truck parked on the lot shall have an aggregate gross vehicle weight
of greater than 14,000 pounds, unless it will be kept a minimum of
100 feet from the lot line of any other dwelling. One school bus may
be parked on a residential lot if the resident is a school bus driver
and is required to bring the vehicle home.
(b)
Repairs of a truck with an aggregate gross vehicle
weight of over 14,000 pounds shall not occur on a residential lot.
Repairs of motor vehicles that are not owned or leased by a resident
of the lot or his/her relative shall not occur on a residential lot.
(2)
Yard sales.
(a)
A yard sale shall not include wholesale sales or
sale of new merchandise of a type typically found in retail stores.
(b)
Each dwelling may have a maximum of six garage
sales in any calendar year. Each sale shall be at least one month
apart. Each sale shall last a maximum of three days.
(c)
The use shall be clearly accessory to the principal
use.
(d)
No outdoor storage shall be permitted when the
sale is not in operation.
(e)
A Township permit shall be required.
(f)
All items shall be placed and offered for sale
within the confines of the property described in the permit.
(g)
No toxic substances or alcoholic beverages shall
be offered at a garage sale.
C.
H3 Agriculture, retail.
(1)
The agriculture, retail use shall be an accessory use incidental
to, and at the location of, one of the following uses: agriculture,
general, agriculture, intensive and nursery.
(2)
Retail sales shall be limited to products produced by the agriculture,
general and/or agriculture, intensive and/or nursery uses.
(3)
Any structures erected for the agriculture, retail accessory
use that are not permanent in nature shall be disassembled during
seasons when products are not offered for sale.
(4)
No agriculture, retail accessory use structure shall be located
closer than 50 feet from a lot line of an existing dwelling.
(5)
No agriculture, retail accessory use structure shall exceed
5,000 square feet of gross floor area.
(6)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
D.
H4 Bus shelter.
(1)
Bus shelters shall be allowed in a all districts by right, if
the shelter will be regularly served by a school bus or a regularly
scheduled Monroe County Transit Authority (MCTA) bus route.
(2)
The location of any bus shelter shall be subject to approval
by the Township.
(3)
A bus shelter shall have a maximum floor area of 60 square feet
and be firmly anchored on concrete.
(4)
A bus shelter shall be constructed primarily using clear, shatter-resistant
materials.
(5)
A bus shelter shall not obstruct a clear sight triangle.
(6)
Abandoned bus shelters must be removed within 30 days of abandonment.
E.
H5 Day-care center, exempt premises. The use shall comply with any
applicable local, state and federal regulations, as amended.
F.
H6 Dwelling, accessory apartment.
(1)
Except for a dwelling, accessory apartment developed as part
of a TND, all other dwelling, accessory apartments shall only be occupied
by a relative of the owner-occupant of the principal dwelling unit.
(2)
Accessory apartments may contain separate cooking, sleeping,
living and bathroom facilities.
(3)
There shall be no changes to the exterior of the residence which
suggests that the dwelling unit is other than a single-family dwelling
or which would otherwise detract from the single-family character
of the neighborhood.
(4)
No more than one accessory apartment shall be permitted per
single-family detached dwelling, per lot.
(5)
Each accessory apartment shall be registered with the Middle
Smithfield Township Zoning Officer, who shall keep a record of its
use to ensure compliance with this section.
(6)
Access for the accessory apartment shall be restricted to the
existing access to the lot; no additional or multiple driveways will
be permitted.
(7)
The applicant shall establish a legally binding mechanism in
a form acceptable to the Township that will prohibit the use of the
accessory apartment as a separate dwelling unit after the relative
no longer resides within the unit. Such mechanism shall also be binding
upon future owners.
G.
H7 Homeless shelter, temporary.
(1)
The homeless shelter, temporary shall be sponsored and supervised
by a government agency or a nonprofit organization.
(2)
The maximum number of residents shall be indicated at the time
of application, and that number, not including employees, shall not
exceed any applicable minimum space requirements.
(3)
The applicant must prove that there are adequate sanitary facilities
to serve the temporary use.
(4)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
H.
H8 No-impact home-based business.
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(5)
Business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
(7)
The business activity shall be conducted within the dwelling
and may not occupy more than 25% of the habitable floor area.
I.
H9 Outside storage.
(1)
Outdoor storage or display shall not occupy any part of any
of the following: the existing or future street right-of-way, sidewalk
or other area intended or designed for pedestrian use or required
parking area.
(2)
No such storage or display shall occur on areas with a slope
in excess of 25% or within the one-hundred-year floodplain.
(3)
Tire storage.
(a)
For tires not mounted on a motor vehicle, any outdoor
storage of more than five tires on a lot in a residential district
or more than 50 tires in a nonresidential district shall only be permitted
as part of a Township-approved junkyard.
(b)
Where allowed, any storage of used tires shall
involve stacks with a maximum height of 15 feet and that cover a maximum
of 400 square feet. Each stack shall be separated from other stacks,
and from all lot lines by a minimum of 25 feet. If tires are stored
on a lot for more than six months, they shall be stored within a building
or trailer.
(c)
The operator of a lot involving tire storage shall
prove that the tires are stored in a manner that minimizes public
health hazards from the breeding of vectors in accumulated water and/or
that the site is regularly sprayed to minimize vectors.
J.
H10 Pets, keeping of (animals, domestic and animals, exotic).
(1)
A noncommercial kennel shall be established as an accessory
use only.
(2)
No more than a combination of five dogs, cats or other small
animals ordinarily kept by residents of each dwelling unit shall be
kept under the permanent care of the occupants.
(3)
Animal shelters and runs shall not be located closer to the
property line than 15 feet or the minimum yard requirement, whichever
is greater.
(4)
Animals shall not be permitted to run at large.
(5)
Animal shelters and runs shall be properly cleaned and maintained
to prevent the creation of any nuisance, health hazard or odor, as
regulated by this chapter.
(6)
Except for the sale of young animals born to pets kept under
the permanent care of the occupants, no animals shall be sold or offered
for sale on the property.
(7)
This use shall comply with all applicable federal, state and
Middle Smithfield Township laws, rules, ordinances and/or regulations.
K.
H11 Recycling collection center.
(1)
Setback requirements shall meet the requirements for the principal
use in the district in which it is located.
(2)
Outside storage is not allowed.
(3)
Owners of the recycling collection centers shall have a sufficient
pickup schedule to insure that material does not overflow the containers
provided. If material continues to overflow the containers after receiving
three notices from the Township, the permit for the recycling collection
center may be revoked and the recycling collection center removed
at no expense to the Township.
L.
H12 accessory solar energy system ("ASES").
[Amended 12-28-2023 by Ord. No. 242]
(1)
Criteria applicable to all accessory solar energy systems:
(a)
An accessory solar energy system is permitted by
right in all zoning districts as an accessory to a principal use.
An accessory solar energy system may be roof-mounted or ground-mounted.
(b)
Such accessory uses shall not interfere with the
reception of any radio, television or other communication equipment,
nor inhibit solar access to adjacent properties.
(c)
All such uses shall primarily serve on-site generation
needs. If a hookup to a public or community utility system is proposed,
the utility company shall provide written authorization of such arrangement
by submitting a copy of the agreement to the Township.
(d)
Solar panels shall be placed such that concentrated
solar radiation or glare shall not be directed onto nearby properties
or roadways.
(e)
All electric wiring and connections from such uses
shall be located underground and in accordance with the appropriate
building code, as amended.
(f)
Accessory solar energy systems shall require a
building permit and be accompanied by standard drawings demonstrating
compliance with the building code, as amended. A ground-mounted system
shall require a zoning permit.
(2)
Ground-mounted ASES:
(a)
A ground-mounted ASES shall meet the setback requirements
for accessory structures.
(b)
Ground-mounted ASES shall be screened from any
adjacent property that is residentially zoned or used for residential
purposes. The screen shall consist of plant materials which provide
a visual screen. In lieu of a planting screen, a decorative fence
meeting requirements of the zoning ordinance may be used.
M.
H13 Structure, temporary.
(1)
The time period of the initial permit for a temporary structure
shall not exceed six months. This permit may be renewed for three-month
time periods, not to exceed a total of 21 months from the initial
permit. Extensions must be approved by the Zoning Officer. A garage
or other accessory building, partial structure or temporary structure
may be used for dwelling purposes subject to cooking and sanitary
services being provided. Such structure or use shall be removed completely
upon expiration of the permit without cost to the municipality.
(2)
The applicant shall provide the Township with plans for temporary
structures to ensure: adequate parking, emergency access, road access,
sanitary facilities, refuse collection, noise control and cleanup
after the expiration of the zoning permit allowing for said temporary
structures. The plans shall be reviewed by the Planning Commission
and the Board of Supervisors prior to the issuance of a zoning permit
for the temporary structures.
N.
H14 Use, temporary.
(1)
A "temporary use" may also be defined as a "special event" and
"retail sales establishment, seasonal." Applicants shall remove all
evidence of such temporary use within five business days of the end
of the temporary use, and the site shall be restored to pre-use condition.
(2)
Parades and peddling are considered temporary uses.
(3)
A seasonal retail sales establishment cannot operate for more
three consecutive months per year on a lot.
O.
H15 Wind energy systems.
(1)
Such accessory uses shall not be located within the front yard
or within the minimum required side and/or rear yards.
(2)
Such accessory uses shall not interfere with the reception of
any radio, television or other communication equipment.
(3)
All such uses shall primarily serve on-site generation needs
unless otherwise approved by the Board of Supervisors. If a hookup
to a public or community utility system is proposed, electrical plans
must be prepared by a Pennsylvania-licensed electrical engineer, at
the applicant's expense, and submitted to the utility company and
Township for approval.
(4)
All electric wiring and connections from such uses shall be
located underground and in accordance with the appropriate building
code, as amended.
(5)
The safety of all systems shall be certified, in writing, to
the Township by a Pennsylvania-licensed professional engineer or by
an authorized factory representative that the system will operate
safely, without loss of structural integrity, under the following
conditions:
(6)
When a building is necessary for storage cells or related mechanical
equipment, the building shall not exceed 150 square feet in area,
shall not exceed eight feet in height and must not be located in any
required front, side or rear yards.
(7)
Windmills.
(a)
Windmills shall be set back from the nearest property
line a distance of not less than the normal setback requirements for
that zoning district or 1.1 times the overall height of the windmill,
whichever is greater.
(b)
No windmill shall be permitted with a design which
permits any vane, sail or rotor blade to pass within 15 feet of the
ground.
(c)
All windmills shall be enclosed by a fence at least
four feet in height which is located at least five feet from the base.
(d)
Maximum height: none. A windmill shall not be subject
to the maximum height restrictions of this ordinance, except as imposed
by FAA regulations.
(e)
Building permit applications for a wind energy
system shall be accompanied by standard drawings of the turbine, tower,
base and footings demonstrating compliance with the building code,
as amended.
[Added 9-14-2017 by Ord.
No. 215]
The following supplementary regulations shall apply to the short-term
rental of residential dwelling units:
A.
When a residential dwelling unit use is permitted in the Conservation,
Rural Reserve, R1 Residential, R2 Residential, and R3 Residential
Zoning Districts ("Residential Zoning Districts"), short-term rental
of the dwelling unit for residential purposes shall also be permitted,
provided that the short-term rental use of the dwelling unit shall
not exceed, in total, a maximum of 179 days in a calendar year. Short-term
rental in excess of that limitation shall be considered a hotel/motel/inn
use, which is limited to the Commercial Zoning District, and prohibited
in the Residential Zoning Districts.
B.
Short-term rental of a residential dwelling unit in the Commercial
and Industrial Zoning Districts shall be permitted, without a limitation
on the number of days of short-term rental use in a calendar year.
C.
Short-term rental use of a dwelling unit shall comply with all
applicable federal, state and Middle Smithfield Township laws, rules,
ordinances and/or regulations, including without limitation, other
provisions of the Zoning Ordinance which would be applicable to the
use of the property as a dwelling unit when not subject to short-term
rental.
D.
The commencement of short-term rental activity of a dwelling
unit shall be considered a change in use of the property, and shall
not occur without the property owner first applying for, and receiving,
a zoning permit from the Township for such change in use.
E.
These supplemental regulations do not apply to a dwelling, group
home use as defined by § 020-020, or properties located
within the Township's Resort Complex/Commercial Resort Overlay District.
