[The following regulations shall qualify or supplement the
district regulations appearing elsewhere in this Chapter.]
[Ord. 1983-4, 12/5/1983, § 12.15(a); as amended
by Ord. 1986-2, 2/3/1986, § 1; by Ord. 1999-2, 11/1/1999,
§ 1; by Ord. 2000-1, 5/1/2000 § 1; by Ord. 2001-2,
4/17/2001, § 11; and by Ord. 2007-1, 2/5/2007]
1.
Animals and Poultry. In districts where permitted, operations involving
the use of buildings and land for farming, nurseries, and green-houses,
riding academies, livery, or boarding stables, kennels, stock raising,
dairying, and poultry shall be subject to the following safeguards
and regulations:
A.
Buildings in which livestock or poultry are kept shall not hereafter
be erected within 100 feet of any lot line.
B.
Storage of manure odor or dust-producing substances shall not be
permitted within 100 feet of any lot line.
C.
Buildings for kennels, and animal hospitals and private stables shall
not hereafter be erected within 75 feet of any lot line and exercise
yards shall not be erected within 15 feet of any property line.
D.
All animal boarding buildings that are not completely enclosed and
any outdoor animal pens, stalls, or runways shall be located in the
rear yard.
E.
The applicant shall furnish evidence of an effective means of animal
waste disposal, which shall be continuously implemented.
F.
The selling of produce raised, bred or grown on the premises shall be permitted, provided that all temporary stands or shelters not conforming to Building Code standards [See Chapter 5] used for such sales shall be removed during that period when not in use for the display of, or sale of products.
2.
Automobile or Gasoline Service Stations or Fuel Storage Facilities.
In districts where permitted, service stations and fuel storage facilities
shall be subject to the following safeguards and regulations:
A.
Hereafter, no service station or fuel storage facility shall be located
nearer than 300 feet to the lot line of any school, hospital, nursing
or convalescent home, or any other place of mass assembly.
B.
Driveways shall be located as provided in Part 19, "Off-Street Parking," and § 1913, "Motor Vehicle Access."
C.
All driveways and service areas shall be paved with a surfacing material
as approved by the Township.
D.
Driveway areas and service areas shall be distinguished from sidewalk
areas by painted lines.
E.
Motor vehicles shall not be permitted to be parked or to stand on
sidewalks.
F.
Minimum frontage on an interior lot shall be not less than 125 feet,
on a side street not less than 100 feet, and the front street not
less than 125 feet.
G.
Fuel pumps shall be set no less than 20 feet from any street right-of-way
line and not less than 50 feet from any residential zone boundary
line.
H.
The ratio of unlicensed and uninspected vehicles to properly licensed
and inspected vehicles shall not exceed one unlicensed and/or uninspected
vehicle per two licensed and inspected vehicles for a period of more
than 48 consecutive hours.
I.
The facilities referenced in subsection (2) are exempt from compliance
with the BOCA Property Maintenance Code section pertaining to unlicensed
and unregistered vehicles.
3.
Commercial Day Care Facilities.
A.
An outdoor play area shall be provided, at a rate of 65 square feet
per individual enrolled. Off-street parking compounds shall not be
used as outdoor play areas. Outdoor play areas shall not be located
within the front yard. Additionally, outdoor play areas shall be located
and designed so as not to disrupt normal activities of adjoining uses
permitted within the district and/or neighborhood. Outdoor play areas
shall be completely enclosed by a minimum four-foot high fence, and
screened from adjoining residentially zoned properties. Any vegetative
materials located within the outdoor play areas shall be of a nonharmful
type (non-poisonous, non-thorny, non-allergenic, etc.). All outdoor
play areas must provide a means of shade, such as a shade tree(s)
or pavilion(s).
B.
Enrollment shall be defined as the largest number of persons and/or
children under day-care supervision at any one time during a seven
day period.
C.
Passenger "drop-off" and "pick-up" areas shall be provided on site
and arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
D.
One off-street parking space shall be provided for each six persons
enrolled.
E.
All commercial day-care facilities shall obtain and maintain proper
licenses from the Commonwealth of Pennsylvania.
4.
Conversion Apartments. In all districts except R-1, any building
existing at the effective date of this Chapter may be converted to
a dwelling for more than one family provided that:
A.
The lot area per family shall conform to the regulations for the
district in which located.
B.
There is no exterior evidence of change in the building except as
required by the State or local building or housing codes or other
regulations.
C.
All dwelling units shall have direct means of escape to the exterior
at ground level and be equipped with one operable fire detection device.
Fire escapes where required, shall be in the rear of the building
and shall not be located on any wall facing a street.
D.
Parking shall be provided in accordance with the provisions of Part
19.
E.
The building plans for the conversion must be approved by the Pennsylvania
Department of Labor and Industry.
F.
The applicant shall furnish evidence of an approved and functioning
means of sewage disposal.
G.
No permanent sign shall advertise the presence of the apartments;
however, a temporary sign less than two feet square in size may be
used to advertise rental of unit(s).
H.
No dwelling unit shall contain less than 350 square feet of habitable
floor area and each unit shall require 4,500 square feet of lot area.
5.
Dry Cleaners, Laundries and Laundromats.
A.
Public sewer and public water shall be utilized, except for operations
that only involve materials pick-up and drop-off.
B.
All activities shall be conducted within a completely enclosed building.
C.
During operation or plant cleanup and maintenance, all windows and
doors on walls facing adjoining residential zones shall be kept closed.
D.
Any exhaust ventilation equipment shall be directed away from adjoining
residentially-zoned property.
E.
Self-service laundromats shall require one off-street parking space
for each two washing machines; other laundry-related uses shall provide
one off-street parking space for each 400 square feet of gross floor
area.
6.
Motels. In districts where permitted, a land development plan shall be prepared and submitted to the Township in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] for action by the Planning Commission and Township Supervisors.
A.
No motels shall have a lot area less than one acre, unless plans
and proposals are approved by the Planning Commission.
B.
Motels shall utilize collective sewers connecting with an approved
sewerage disposal system.
C.
Front, side and rear yards of the motel shall be permanently landscaped
and maintained in good condition.
D.
At least one parking space shall be provided on the premises for
each accommodation. Off-street parking and loading spaces for other
facilities developed on the motel premises shall be provided as required
by Part 19, "Off-Street Parking," hereof.
E.
Every unit shall be provided with running hot and cold water and
separate toilet facilities.
F.
Motel buildings or parts thereof shall be placed no closer to any
lot line than 30 feet.
G.
The space between motel buildings be not less than 20 feet and the
space between the fronts or rears of units shall be not less than
60 feet.
7.
Public and Private Schools.
A.
All off-street parking lots shall be set back 25 feet and screened
from adjoining property lines.
B.
All buildings shall be set back at least 100 feet from any adjoining
land within a residential zone.
C.
If education is offered below the college level, an outdoor play
area shall be provided, at a rate of 65 square feet per individual
enrolled. Off-street parking lots shall not be used as outdoor play
areas. Outdoor play areas shall not be located within the front yard
and must be set back 25 feet from all property lines. Outdoor play
areas shall be completely enclosed by a minimum four-foot high fence,
and screened from adjoining residentially zoned properties. Any vegetative
materials located within the outdoor play area shall be of a nonharmful
type (nonpoisonous, nonthorny, nonallergenic, etc.). All outdoor play
areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
D.
Enrollment shall be defined as the largest number of students on
the site at any one time during a seven-day period.
E.
Passenger dropoff and pickup areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site.
8.
Supplemental information which may be required by the Planning Commission
are:
A.
Extent and area of the property.
B.
Entrances, exits, driveways, roads, parking areas, and walks.
C.
Location of structure or structures.
D.
Plan for water supply.
E.
Plan for sewage disposal.
F.
Plan for supply of electricity, gas and other utilities.
G.
Additional pertinent data as may be required by the Zoning Officer.
10.
Family Farm Support Businesses. The use shall be limited to the A
Agricultural District. Light family farm support businesses are permitted
by right, and general family farm support businesses require conditional
use approval. The applicant shall prove compliance with all of the
following additional requirements:
[Added by Ord. 2011-1, 2/7/2011; amended by Ord. 2014-1,
10/6/2014]
A.
The primary land use on the lot shall be agricultural, and the lot
shall include at least 10 acres, not including the street right-of-way.
B.
The family farm support business shall be subordinate, accessory
and incidental to the principal agricultural use and shall not change
or reduce the exterior farm character of the lot.
C.
A light family farm support business shall only employ permanent
legal residents of the lot on which the family farm support business
is located and up to two persons who do not reside on the lot. If
conditional use approval is granted as a general family farm support
business, then up to 10 persons who do not reside on the lot containing
the family farm support business may be employed as part of the family
farm support business.
D.
A light family farm support business shall be limited to one of the
following uses: agricultural equipment repair; small machine repair;
painting, fence installation, plumbing or similar tradesperson headquarters;
landscaping or snowplow services; sharpening service; livestock grooming,
shearing and/or trimming service; an office; sale and/or service of
specialized small agricultural equipment; family-scale food processing,
canning and baking; feed, seed or fertilizer sales that do not involve
industrial manufacture of fertilizer; storage of registered boats
and recreational vehicles; cold storage and mini-warehousing of foods
and prepared agricultural products; custom woodworking or wood refinishing;
custom welding and metalworking; custom leatherworking; custom blacksmithing;
and custom arts and crafts, such as quilts.
E.
Any use that does not meet the criteria of § 1601, Subsection 1C and D, shall be considered a general family farm support business. To obtain conditional use approval for a general family farm support business, in addition to satisfying the requirements of Part 4, § 421, the applicant shall prove that the proposed use is closely similar in impacts to uses that are permitted by right within the Agricultural District and that the use would not create significant nuisances or hazards.
F.
The family farm support business shall not include primarily commercial
or primarily industrial uses such as industrial-scale feed, fertilizer
or grain mills, motor vehicle sales, industrial canneries, rendering
plants, stockyards or slaughterhouses for livestock raised off site,
or other uses that are likely to generate truck traffic, vehicle traffic,
noise, glare, odor or other nuisances typically generated by a principal
commercial or industrial use.
G.
The family farm support business shall be located within an existing
farm residence that continues to be a residence, existing accessory
buildings, in building additions, or within a maximum of one new building.
The Board of Supervisors may impose conditions limiting the total
acreage, including all buildings, parking, storage and activity areas,
that a general family farm support business may utilize on a lot.
Any new building shall be designed to have a residential or agricultural
appearance, as viewed from public streets and neighboring properties.
H.
When the lot is located adjacent to lands within a residential zoning
district, no part of the business activity shall be located within
100 feet of the adjacent zoning boundary.
I.
Any new building used for the family farm support business shall
be located not less than 100 feet from any property line and any legal
right-of-way line.
J.
There shall be no outside storage of materials associated with the
family farm support business located between the building and the
street. Exterior storage of goods and materials shall be permitted,
provided that said exterior storage shall be at not less than 300
feet from any adjoining residential use. If an exterior storage area
is completely enclosed and screened in accordance with Part 16, General
Regulations, it shall be set back not less than 100 feet from any
adjoining residential use.
K.
Any driveway and any turnaround area shall be of sufficient length
and width to accommodate anticipated peak traffic and the largest
vehicles that will use the site, as well as to accommodate emergency
vehicles. A paved area shall be provided adjacent to the public street
to reduce tracking of mud onto the public streets.
L.
The applicant shall submit a plan showing that the site will be able
to safely accommodate traffic onto and off of and within the site,
including being able to accommodate the largest truck that will use
the facility and the largest amount of traffic expected to visit the
use at one time. The applicant shall show that there are safe sight
distances at entrances to a public street. All driveway intersections,
whether existing or proposed, shall conform to the requirements of
the Pennsylvania Department of Transportation and the Londonderry
Township Code of Ordinances.
N.
The family farm support business shall not result in noise, dust
or odor nuisances, beyond what is protected by the Right to Farm Law
for actual normal agricultural activities. The family farm support
business shall not operate in a manner that generates noise heard
beyond the property line or traffic on and off of the lot between
the hours of 10:00 p.m. and 6:00 a.m. The family farm support business
shall be conducted in a manner which does not allow the accumulation
of trash and debris.
O.
Only one general family farm support business shall be permitted
per farm. There is no maximum number of permitted light family farm
support businesses per farm. For the purposes of this section, a "farm"
shall be defined as one or more adjacent lots in common ownership.
P.
The family farm support business shall not involve the storage or
use of highly hazardous, toxic, radioactive, flammable or explosive
substances, other than types typically used in agriculture uses or
a household.
Q.
The applicant shall obtain a zoning permit for a family farm support
business in accordance with § 413 of this chapter.
R.
The land area of the family farm support business shall not be permitted
to be subdivided from the farm.
[Ord. 1983-4, 12/5/1983, § 12.15(b); as amended
by Ord. 1990-1, 2/5/1990; by Ord. 1998-3, 8/3/1998, § 1;
by Ord. 2001-2, 4/17/2001, § 12; and Ord. 2014-1, 10/6/2014]
1.
Gardening. The tilling of soil, raising of crops, and gardening shall
be permitted in any district.
2.
Home Occupations.
A.
A home occupation may include, but is not limited to, a professional
office of a medical or osteopathic physician, dentist, podiatrist,
chiropodist, registered massage therapist, lawyer, engineer, architect,
artist, teacher, dressmaker, barbershop, beauty shop, real estate
office, home telephone sales, or sale of products not offered on the
property such as beauty aids, cosmetics, etc., home crafts, saw sharpening,
tax collecting and watch repair.
B.
A home occupation shall not be interpreted to include a dog kennel,
public stable, automobile sales, small engine repair shop, doughnut
shop, or any occupation where the principal activity is sales or service
offered across the counter.
C.
The home occupation shall be carried on completely within the dwelling
unit or accessory building.
D.
Not more than two persons other than the occupants of the dwelling
unit shall be employed.
E.
Not more than 1/2 the floor area of a main building shall be devoted
to a home occupation.
F.
There shall be no exterior display or sign except as permitted in
the regulations on signs in this chapter, no exterior storage of materials,
and no other exterior indication of the home occupation or variation
of the residential character of the main building.
G.
No offensive noise, vibration, smoke or other particulate matter,
heat, humidity, glare or other objectionable effects shall be produced.
H.
Off-street parking spaces should be provided for the home occupation use and should be severed from the parking spaces for the residential use and shall be in accordance with Part 19 of this chapter.
I.
The exterior appearance of the structure or premises is constructed
and maintained as a residential dwelling.
3.
Outdoor Lighting. All outdoor lighting shall be so arranged and shielded
so that no objectionable glare or illumination is cast upon adjoining
uses in any district.
A.
Exterior lighting in all districts provided in accordance with any
nonresidential building or use other than agriculture shall be placed
no higher than 25 feet above grade and shall be hooded and/or screened
so as not to permit the source of illumination to be seen from off
the premises. The hours of illumination of such lights, with the exception
of security lighting, shall be limited to hours of business operation
and shall otherwise be extinguished between 10:00 p.m. and 6:00 a.m.
Municipality-owned recreational facilities shall be exempt from these
regulations.
B.
Parking areas shall be lighted to an average of 0.5 footcandle, except
that parking areas related to public pumping stations shall not be
required to be lighted. Entrances and exists to parking areas shall
be lighted to a maximum of two footcandles at any point in the entrance
or exitway. Footcandle levels shall be as measured three feet above
the surface of the area being lighted.
[Amended by Ord. No. 2020-03, 7/21/2020]
C.
All lighting shall be arranged to reflect light away from adjoining
properties and public rights-of-way. In general, lighting fixtures
shall be shielded to prevent glare on adjoining properties and public
rights-of-way. Light spillover onto adjoining properties shall not
exceed 0.2 footcandle at any point 10 feet or more beyond the property
line of the premises on which the lighting fixtures are located.
D.
Exterior or interior security lighting of a building or grounds for
security purposes shall be color-corrected illumination at 65% or
more Color Rendering Index (C.R.I.) and shall not be more than 25
feet above grade. All security lights shall be hooded and/or screened
so as not to permit the source of illumination to be seen from off
of the premises and shall not cast measurable illumination off of
the subject property. Security lighting shall not create a nuisance
or intrusion to the privacy of adjacent property owners or the public.
4.
Outdoor Recreation Areas, Private or Semiprivate. Permitted in all
districts other than the Agricultural District, with a site development
plan submitted to the Londonderry Township Planning Commission and
Board of Supervisors.
A.
Such use shall not be primarily for gain or profit.
B.
Parking shall be provided in accordance with the provisions of Part 19, "Off-Street Parking," of this chapter.
C.
Social or fraternal clubrooms or buildings shall be permitted only
when incidental to and accessible to the primary uses of the neighborhood.
D.
A buffer yard of not less than 15 feet nor more than 30 feet in width
as determined by the specific use and a screen planting with plants
at least six feet in height and not more than three feet apart at
the time of installation, providing a continuous visual barrier at
installation, shall be provided and approved by the Zoning Officer.
5.
Public Utility Facilities. Public utility facilities shall be permitted
in any district without regard to the use and area regulations; provided,
however, that the buildings or structures erected for these utilities
shall be subject to the following regulations, except that such regulations
shall not apply specifically to buildings or structures related to
public pumping stations:
[Amended by Ord. No. 2020-03, 7/21/2020]
A.
Front, side and rear yards shall be provided in accordance with the
regulations of the district in which the facility is located.
B.
Height shall be as required by the district regulations.
C.
Unhoused equipment shall be enclosed with a chain-link fence eight
feet in height including the barbed wire topping.
D.
Housed Equipment. When the equipment is totally enclosed within a
building, no fence or screen planting shall be required.
E.
Screen planting in Residential and RP Districts, the required fence
for unhoused equipment shall be surrounded by an evergreen planting
as approved by the Planning Commission.
F.
The external design of the building shall be in conformity with the
buildings in the district.
G.
Access for unhoused equipment. Where vehicular access is across the
front yard, the gate shall be constructed of materials that shall
provide an unobstructed view of the interior.
H.
Plans of the facility shall be submitted to the Planning Commission
for review and approval.
6.
Swimming Pools, Private. Private swimming pools shall be a permitted
accessory use in any district and shall comply with the following
conditions and requirements:
A.
The pool is intended, and is to be used, solely for the enjoyment
of the occupants of the principal use of the property on which it
is located.
B.
It may not be located, including any walks, or paved areas or accessory
structures adjacent thereto, closer than 20 feet to any property line
of the property on which located.
C.
A dwelling or an accessory building may be used as part of such enclosure.
D.
All gates or doors opening through such enclosure shall be equipped
with a self-closing, self-latching and locking device for keeping
the gate or door securely closed at all times when not in actual use,
except that the door of the dwelling which forms a part of the enclosure
need not be so equipped.
E.
The property or the immediate area in which any outdoor pool, capable
of containing water, 18 inches or more in depth, shall be completely
surrounded by a fence or wall not less than four feet in height, which
may be so constructed to have openings, holes or gaps of a size which
will not allow the passage of a four-inch-diameter sphere. Horizontal
supports shall be adequately spaced so as to not create a ladder effect
from the exterior of the fence. Should the wall of the pool be above
ground, the height of the required fence or wall may be reduced so
that the total height of the wall of the pool and the fence shall
be not less than four feet. When located in a required yard, such
fence shall not exceed eight feet in height. All swimming pools must
be in compliance with this fence requirement on or before January
1, 1991.
7.
Temporary Construction Trailers. A trailer may be installed on a
property during construction of the permanent structure on the property,
subject to all applicable laws of the Commonwealth of Pennsylvania,
but such trailer must be removed within one month following completion
of construction on the property.
8.
Bed-and-Breakfast Establishments. Within all districts with the exception
of industrial districts, bed-and-breakfast establishments are permitted
subject to the following criteria:
A.
No modifications to the external appearance of the building (except
those required by any applicable building or zoning code or regulations)
which would alter its residential character shall be permitted.
B.
All floors above or below grade shall have a permanently affixed
direct means of escape to the ground level.
C.
Meals may be offered only to registered overnight guests.
D.
One off-street parking space shall be provided for each room available
for rent in addition to the off-street parking required for the dwelling
unit.
E.
All parking areas shall be set back a minimum of 10 feet from all
property lines.
F.
One outdoor roadway sign, no larger than 12 square feet, shall be
permitted.
G.
The applicant shall furnish evidence that an approved means of sewage
disposal and water supply shall be used.
H.
The applicant shall furnish proof of any required approvals under
the Uniform Construction Code.
[Ord. 1983-4, 12/5/1983, § 12.15(c)]
1.
Earth-Sheltered Housing. Earth-sheltered housing shall be permitted
in all districts where any other housing is acceptable but shall comply
with the following:
2.
Manufacturing. A land or site development plan shall be prepared and submitted to the Township in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] for action by the Planning Commission and Township Supervisors. Supplemental information which may be required is as follows:
A.
Plot plan.
B.
Architectural plan.
C.
Description of operation.
D.
Engineering plans for water supply and sewage disposal.
E.
Plans for prevention or control of noise, vibration, glare, fire
hazards, air pollution, and traffic.
F.
Proposed fuel.
G.
Number of shifts and maximum employment per shift.
H.
Additional pertinent data as may be required by the Zoning Officer.
3.
Solar Access. Solar collectors and solar related equipment may be
utilized in all districts, but shall comply with the following:
A.
Building permit to be issued by the Zoning officer, only if sufficient
solar energy is available to meet design capacity at the specified
location to be installed.
B.
Subject to the approval of the Zoning Officer, but he shall have
privilege to defer to Township Planning Commission and Board of Supervisors
for complicated or large systems.
C.
Utilized for an on-site use only.
D.
Proposed user to show privately negotiated easement to limit future
development and/or provide for trimming or elimination of such vegetation,
or expressly waive his right to the solar energy that such future
development or growth would obstruct.
4.
Wind Power; Standards.
A.
Wind energy conversion systems are generally permitted in all districts.
B.
The structure supporting the wind rotor unit, including any necessary
guideposts and supporting cables, shall be independent of any occupied
structure and located a minimum distance of the tower height, plus
10 feet from any occupied dwelling.
C.
The height of the wind rotor and associated support tower shall be
determined by the following setback-height chart:
|
Minimum Setback Distance From All Property Lines
|
Maximum Tower and Wind Rotor Height
|
|---|---|
|
75 feet — 85 feet
|
35 feet
|
|
96 feet — 95 feet
|
40 feet
|
|
96 feet — 100 feet
|
45 feet
|
|
3101 feet plus
|
50 feet — 75 feet
|
|
3 Note:With allowance
of one foot of each additional setback in all directions, the tower
height may increase one additional foot with 75 feet as the maximum
permitted height.
|
D.
All electric lines/utility wires shall be buried underground.
E.
Any mechanical equipment associated and necessary for the operation,
including a building for batteries and storage cells, shall be enclosed
with a six-foot fence. The supporting tower shall also be enclosed
with a six-foot fence, unless the base of the tower is not climbable
for a distance of 12 feet.
F.
When a building is necessary for storage cells or related mechanical
equipment, the building may not exceed 140 square feet in area nor
eight feet in height and must be located 75 feet from any property
line.
G.
One windmill/windwheel shall be permitted per property. Request for
two or more windmills/windwheels on a property shall be reviewed by
the Londonderry Township Planning Commission, approved regulatory
agencies and the Londonderry Township Supervisors.
H.
The resultant energy harnessed from the wind shall be used on the
property [on which] it is located and not used as a commercial enterprise.
Requests for commercial use shall be reviewed by the Londonderry Township
Planning Commission, approved regulatory agencies and the Londonderry
Township Supervisors.
I.
The tower and generating unit shall be kept in good repair and sound
condition. Upon abandonment of use, the tower and related structures
shall be dismantled and removed from the property within 60 days.
J.
The applicant shall demonstrate that any noise from the wind generating
unit shall not exceed 60 decibels measured at a distance of 75 feet
from the unit.
[Ord. 1983-4, 12/5/1983, § 12.15(d); as amended
by Ord. 2001-2, 4/17/2001, § 13]
The following uses shall be permitted [as special exceptions] by the Zoning Hearing Board when expressed standards and criteria can be met as provided for in Part 4 of this chapter. In granting a special exception the Board may attach such reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purpose of this Chapter.
1.
Containment of Large Pets and Farm Animals as an Accessory Residential
Use. As a special exception in any district, when associated with
a single-family residential use, property owners may be permitted
to contain farm animals and/or large pets as cited below.
A.
Such animals are owned by the property owner, or property lessee
with written permission of the property owner.
B.
The location and use of such animals on the property is not for commercial
or business purposes. The use and/or consumption of such animals is
limited to the inhabitants of the property.
C.
The ratio of animals to open grazing area shall be as follows:
|
1 equine (horse) per acre
|
|
1 bovine (cattle) per acre
|
|
1-3 ovine (sheep) per acre
|
|
1-3 caprine (goat) per acre
|
|
1-20 fowl or poultry per acre
|
D.
The grazing area shall be enclosed with a fence, of suitable construction,
to provide for safe and adequate confinement of all animals proposed
to be located on the property.
E.
The required grazing area shall be located within the interior side
and/or rear lot areas.
F.
The storage of manure shall not be permitted within 100 feet of the
applicable property lines. The manure storage area must be located
within the required grazing area.
2.
Natural Production Uses. The Zoning Hearing Board may authorize a
special exception in I Industrial Districts for the excavation and
sale of sand, gravel, clay, shale or other natural mineral deposits,
or the quarrying of any kind of rock formation, subject to the performance
standards in this chapter and the following conditions:
A.
When deemed necessary by the Zoning Hearing Board in the case of
an open excavation, a safety device such as a wall, fence, earth embankment,
or such other means as may be approved by the Board shall be provided.
B.
No top of the slope or quarry wall shall be nearer than 150 feet
to any property line or street line.
C.
Blasting. Blast standards shall be those of the Commonwealth of Pennsylvania;
and, where required by the Township Supervisors, seismograph readings
and reports shall be furnished on primary blasts.
D.
A plan for reclamation of the site shall be submitted for review
by the Planning Commission, and such plan shall take into consideration
the following:
3.
Intensive Raising of Livestock and Poultry Use. The Zoning Hearing Board may authorize a special exception in the A Agricultural District for the intensive raising of livestock and poultry, subject to the requirements of this chapter and upon determination that such use is consistent with the regulations in Part 16, § 1620.
[Added by Ord. 2014-1, 10/6/2014]
[Ord. 1983-4, 12/5/1983, § 12.15(e); as amended
by Ord. 1990-4, 12/3/1990; and by Ord. 2001-2, 4/17/2001, § 14]
1.
Dwellings in Industrial Districts. Hereafter, a building shall not
be erected or converted in the industrial districts established on
the Zoning Map for use as a dwelling unless the dwelling use is incidental
to the principal use of the premises.
2.
The primary living and sleeping quarters of dwelling units shall
not be permitted in cellars.
3.
The following uses are prohibited in all districts throughout the
Township:
A.
The incineration, reduction, transfer or storage of garbage, offal,
animals, fish or refuse, unless by the authority of, or under the
supervision of, the Township.
B.
Dumps or dumping of any kind, unless established under the direction
and guidelines of the Department of Environmental Resources of the
Commonwealth of Pennsylvania.
C.
Head shops or any other businesses which involve, in whole or in
part, the sale, lease, trade, gift, or display for sale of any and
all types of drug paraphernalia as defined in Part 3 hereof.
D.
Any business which has as a substantial or a significant portion
of its stock-in-trade, obscene materials as defined in Part 3 hereof.
E.
Massage parlors in which any of the following are carried on:
(1)
The treatment of any person, except upon the signed order of
a licensed physician, osteopath, chiropractor, registered massage
therapist or registered physical therapist, which order shall specifically
state the number of treatments. The date and hour of each treatment
given and the name of the operator shall be entered on such order
by the establishment where treatments are given and shall be subject
to inspection by appropriate Township officials. The requirements
of this provision shall not apply to treatments given in the residence
of a patient, the office of a licensed physician, osteopath, registered
massage therapist or registered physical therapist, chiropractor or
in a regularly established and licensed hospital or sanitarium.
(2)
The massage of, or physical contact with, the sexual or genital
parts of one person by any other person. Sexual or genital parts shall
include the specified anatomical areas, defined in Part 3 hereof.
(3)
The failure to conceal, with a fully opaque covering, the specified
anatomical areas of the body as defined in Part 3 hereof.
(4)
The entering into of one person with another in Specified Sexual
Activities' as defined in Part 3 hereof.
F.
Any use or activity prohibited by § 5903 of the Pennsylvania
Crimes Codes as amended by Pennsylvania Act No. 1977-68 titled, "An
Art Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated
Statutes, further defining the offense of obscenity, redefining obscene,
and further providing for injunctions."
G.
B.Y.O.B. clubs (bring your own bottle clubs) which involve any operation
such as a restaurant, tea room, cafe, club, lodge, fraternal organization,
or bar that does not possess a valid Pennsylvania Liquor Control Board
license to serve beer, wine or other alcoholic beverages, issued by
the Pennsylvania Liquor Control Board, but which permits its customers
or members to bring or consume alcohol on its premises; provided that
a facility which is rented for a limited period of time, not to exceed
12 hours, by individual(s) or an organization for the purpose of a
private party in which alcoholic beverages are carried onto the premises
shall not be considered a B.Y.O.B. club, under the terms of this subsection.
[Ord. 1983-4, 12/5/1983, § 12.15(f)]
When in any district established under this Chapter, a use is
neither specifically permitted or denied and an application is made
by a property owner to the Zoning Officer for such use, the Zoning
Officer shall refer the application to the Zoning Hearing Board which
shall have the authority to permit the use or deny the use. The use
may be permitted if it is similar to and compatible with permitted
uses in the district and in no way is in conflict with the general
purpose and intent of this Chapter.
[Ord. 1983-4, 12/5/1983, § 12.15(g)]
1.
The height of any building may exceed the maximum permitted height
by one foot for each additional foot by which the width of each yard
exceeds the minimum yard regulation for the district in which the
building is located, except for those buildings which are controlled
by a floor area ratio.
2.
Height regulations shall not apply to spires, belfries, cupolas,
penthouses, or domes not used for human occupancy, nor to chimneys,
ventilators, skylights, water tanks, bulkheads, utility poles, or
towers, silos, and ornamental or necessary mechanical appurtenances.
3.
For all residential uses, accessory buildings shall not exceed 14
feet in height.
[Ord. 1983-4, 12/5/1983, § 12.15(h); as amended
by Ord. No. 2020-03, 7/21/2020]
The following supplemental area regulations shall apply, except
that the requirements of this section shall not apply to public pumping
stations:
1.
Unless the regulations of the district in which they are located
require greater lot areas or lot widths, the following regulations
shall apply:
A.
Lots not served by a public sewer system shall be of the dimensions
and area necessary to provide for all the requirements for on-site
sewage disposal established by the Department of Environmental Resources,
Commonwealth of Pennsylvania. Specific lot sizes shall be determined
on the basis of percolation tests as required by the Pennsylvania
Department of Environmental Resources. Reports on said percolation
tests shall be submitted to the Zoning Officer.
2.
On a lot held in single and separate ownership which does not fulfill
the regulations for the minimum area and yard dimensions for the district
in which it is located, a building may be erected, altered, and used
thereon providing the yard space is not less than the minimum specified
herein. See § 1609(3), below.
3.
The area, width, and depth of lots shall provide adequate open space
for off-street loading, unloading, and/or parking space. When necessary,
septic tanks and drain fields shall be provided with open space in
addition to the open space required for off-street parking, other
paved areas, and the area covered by the main building and buildings
and structures accessory thereto.
[Ord. 1983-4, 12/5/1983, § 12.15(i); as amended
by Ord. 1993-7, 12/6/1993, § 1; by Ord. 1998-7, 12/16/1998,
§ 5; by Ord. 2001-2, 4/17/2001, §§ 15, 18,
23; by Ord. 2003-3, 12/1/2003; and by Ord. No. 2020-03, 7/21/2020]
The following supplemental yard regulations shall apply, except
that the requirements of this section shall not apply to public pumping
stations:
1.
Where the street or streets upon which the lot abuts is less than
50 feet in width, the front yard depth and the width of the side yard
abutting the street shall be measured from a line parallel to and
25 feet from the center line of the street.
2.
Where the street or streets upon which the lot abuts is less than
50 feet in width, and front and side yards are not required, the front
and side building lines shall be at least 25 feet from the center
line of the street.
3.
Front Yards. (See Sketch Nos. 1, 2 and 4).
A.
When a vacant lot is situated between two lots, each occupied by
a principal building within 25 feet of the side lot line of such vacant
lot which extends into the required front yard, the front yard of
such vacant lot may be the average depth of the front yards of such
two adjacent occupied lots.
B.
Where a vacant lot adjoins only one lot occupied by a principal building
within 25 feet of the common side lot line which extends into the
required front yard of such occupied lot, the front yard depth of
such vacant lot may be the average depth of the front yard of such
adjacent lot and the front yard required for the district in which
such vacant lot is located. However, the second vacant lot from the
original occupied lot must have at least the minimum front yard depth
required in the district.
4.
Side Yards. (See Sketch Nos. 1, 2, 3, & 4)
A.
On a corner lot, the side yard abutting the street shall have a width
equal to the depth of the front yard required in the district and
shall be subject to all front yard requirements of this Chapter.
B.
On a lot held in single and separate ownership at the effective date
of this Chapter, with a lot width less than required for the zone
district, only one single-family dwelling may be erected, and side
yards shall be provided according to the following requirements:
(1)
On interior lots with a width of 50 feet or more, two side yards
shall be provided as required by the district regulations.
(2)
On corner lots with a width of 50 feet or more, two side yards
shall be provided. The exterior side yard may be reduced by the number
of feet by which the lot width is less than the district required,
but may not be reduced to less than the required interior side yard.
The interior side yard shall be provided as required by the district
regulations.
(3)
On lots less than 50 feet but not less than 27 feet in width,
two side yards shall be provided, each equaling 20% of the lot width.
(4)
On lots less than 27 feet but not less than 20 feet in width,
the building shall be 16 feet in width and only one side yard shall
be provided, equaling in width the difference between the lot width
and 16 feet. One side wall of the building shall be constructed abutting
the lot line without openings but shall not be constructed as a party
wall.
(5)
On lots less than 20 feet in width, a building shall be constructed
the full width of the lot. Side walls abutting the lot lines shall
have no openings and shall not be constructed as party walls. For
such dwellings, constructed to a depth of more than two rooms, a court
not less than six feet in width shall be provided, abutting the side
wall for all rooms beyond the second room.
C.
A carport, open on three sides, may be erected within one of the
side yards when attached to a main building existing at the effective
date of this Chapter; provided, the carport shall be not less than
eight feet from the side lot line.
5.
Buffer Yards. (See Sketch No. 4)
A.
Buffer yards should be provided wherever nonresidential/nonagricultural
uses abut residential districts or residential users regardless whether
the property is developed, and where a residential use adjoins a limited
access highway, a buffer yard of not less than 30 feet in width shall
be provided along the lot lines, in addition to the yards required
for the district in which it is located.
B.
Whenever an industrial use abuts a residential use or residential
district, an earthen berm of not less than six feet in height shall
be provided. Landscaping shall be provided on the earthen berm.
C.
Any buffer yard shall include a combination of the following: deciduous
tree, ground covers, evergreen, shrubs, vines, flowers, rocks, gravel,
earth mounds, berms, walls, fences, screens, sculptures, fountains,
sidewalk furniture, or other approved materials. Artificial plants,
tree and shrubs may not be used to satisfy any requirement for landscaping
or buffer plantings. No less than 80% of the required landscape area
shall be vegetative in composition, and no outdoor storage shall be
permitted within required landscape and buffer areas.
D.
For each 750 square feet of required area for landscape strips, one
shade/ornamental tree shall be provided. For every 300 square feet
of interior landscaping required (parking lots), one shade tree shall
be provided. If deciduous, these trees shall have a clear trunk at
least five feet above the finished grade, if evergreen, these trees
shall have a minimum height of six feet. All required landscape strips
shall have landscaping materials distributed along the entire length
of the lot line abutting the yard.
E.
Any wall or fence shall not be constructed of corrugated metal, corrugated
fiberglass, or sheet metal. Screening shall be arranged so as to block
the ground level views between grade, and a height of six feet. Landscape
screens must achieve this visual blockage within two years of installation
and must be a year around screen.
F.
Trees and shrubs shall be typical of their species and variety, have
normal growth habits, well-developed branches, densely foliated, vigorous,
fibrous root systems. They shall have been grown under climatic conditions
similar to those in the locality of the project or properly acclimated
to conditions of the locality of the project.
G.
Any tree or shrub which dies shall be replaced. All landscaping and
screening treatments shall be properly maintained.
H.
Landscape areas and buffer yards, other than interior side buffer
yards, may be crossed by access roads, service drives, and utility
easements not more than 50 feet in width, provided that the angle
of the center line of the road, drive or easement crosses the lot
line and landscape area or buffer yard at not less than 60°.
I.
If a front yard of 30 feet or more in depth is provided, the buffer
yard may coincide with the front 30 feet of the front yard.
J.
Buffer yards may not be used for parking.
6.
Projections in Yards.
7.
Accessory Buildings. (See Sketch No. 5)
A.
An accessory building shall not be erected or substantially altered
within any front yard. (Except as provided in subsection (C) below.)
B.
An accessory building may be erected within one of the side yards
or within the rear yard provided:
(1)
Such accessory building shall not extend beyond the front line
of the main building.
(2)
Accessory buildings in R-1 and R-2 Zones (not including swimming
pools) shall be limited in size and coverage to 2% of the total lot
area, the building setback for the side and rear yard shall be five
feet for buildings under 500 square feet and 10 feet for buildings
from 500 to 1,000 square feet and 15 feet for buildings over 1,000
square feet.
(3)
In all other zones the side and rear setbacks shall be five
feet for accessory buildings.
(4)
When an accessory building is erected within the side or rear
yard adjacent to a side street on a corner lot, the accessory building
shall be not less than the required front yard depth from the exterior
side lot line; provided, however, that when the main buildings exist
on both the corner lots and the lot abutting the rear of the corner
lot, an accessory building may be erected at the average distance
from the street line, established by the existing main buildings.
(5)
Where such side or rear yard is along an alley, the accessory
building shall be located not less than five feet from the alley.
C.
Parcels where the main structure is located 200 feet or more from
the front property line may have erected thereon an accessory structure
or accessory use 100 feet or more from the front property line.
8.
Obstruction to Vision.
A.
Walls, fences, signs, or other structures shall not be erected or
altered, and hedges, trees, or other plant material shall not be planted
or maintained which may cause danger to traffic on a street or road
by obstructing the view.
B.
On corner lots, no wall, fence, sign or other structure in excess
of 3-1/2 feet in height shall be erected or altered, and no hedge
or other plant material in excess of 3-1/2 feet in height shall be
permitted within 25 feet in any direction of the intersection of the
street right-of-way lines.
9.
Fences and Walls.
A.
Fences and walls may be erected, altered and maintained within the
yards. Any such fence or wall in the front yard of a residential use
shall not exceed 3-1/2 feet in height. Any fence or wall in any other
yard of any use which may be six feet or more in height shall contain
openings therein equal to 50% of the area of that portion of the wall
or fence exceeding six feet, with the exception of fences or walls
for the containment of animals.
B.
All yards used for the storage of any material needed for the operation
or conduct of a manufacturing or commercial enterprise shall be enclosed
by a wall or fence on all sides which face upon a lot in a more restricted
zone.
C.
Fence enclosure of salvage and junkyard premises shall be in accordance with the Township Junkyard Regulations [Chapter 13].
D.
No fence and wall shall be erected or altered which abuts State,
Federal and Township road rights-of-way unless and until the owner
complies with building permit requirements set forth in the BOCA National
Building Code/1990 as amended and supplemented.
[Ord. 1983-4, 12/5/1983, § 12.15(j)]
(See Sketch Nos. 3 & 5) Courts shall conform to the following
requirements:
1.
An open space in the form of an inner court or outer court shall
be provided in connection with any building in any residential or
business district wherever any room therein in which a person or persons
live, work, sleep or congregate cannot be adequately lighted and ventilated
from the street or yard. Such court shall be adjacent to such room,
the windows of which shall open in such court. These requirements
shall not be interpreted as applicable to the basement or cellar rooms
of single-family residence buildings, nor to other buildings which
have adequate provision for light and ventilation according to applicable
standards established by the Pennsylvania Department of Environmental
Resources, Department of Labor and Industry, or the Department of
Public Instruction.
2.
Outer Court.
A.
The width of any outer court upon which windows open from a living
room, bedroom, or dining room shall not be less than the height of
any wall opposite such windows, except as provided in Sketch No. 5
of the Appendix. However, when the depth of such court is less than
six feet, the minimum width may be as little as twice the depth.
B.
The depth of an outer court formed by walls on three sides shall
not be greater than 1-1/2 times the width.
3.
Inner Court.
A.
The least dimension of an inner court shall be not less than the
full height of the walls enclosing such court, but not less than 50.
B.
An open and unobstructed passageway shall be provided for each inner
court. Such passageway shall have sufficient cross-section area and
head-room for the passage of fire fighting equipment and shall be
continuous from the inner court to a yard or an unobstructed area
with access to a street.
[Ord. 1983-4, 12/5/1983, § 12.15(k)]
The minimum habitable floor area of a dwelling unit hereafter
erected shall be no less than 650 square feet. In the case of apartment
houses, the minimum habitable floor area shall not be less than 350
square feet per apartment, except those apartments designed for and
occupied exclusively by one person, which apartments shall each contain
not less than 150 square feet of habitable floor area.
[Ord. 1983-4, 12/5/1983, § 12.15(1)]
The area, width, or depth of any lot shall not be reduced by
subdivision, sale, or development so that the lot width, lot area,
lot area per dwelling unit, courts and yards, or other open spaces
are smaller, or so that the coverage is greater than prescribed herein.
[Ord. 1983-4, 12/5/1983; as added by Ord. 1992-3, 10/5/1992,
§ 11]
1.
Flag lots may be considered for use in the A, R-1, R-2 and MH-4 districts
and only in the following situations:
A.
To provide access to lands restricted by environmental features such
as steep slopes, streams, floodplains and wetlands.
B.
To provide development of interior lands which resulted by poor platting.
C.
To provide for in-fill development where previous subdivisions utilized
the majority of available road frontage.
2.
Flag lots will not be approved for use in the following situations:
A.
When further subdivision will be limited by their creation or when
a similar pattern for further subdivision of the remaining lands is
created.
B.
When a poor relationship between driveways, access drives and street
intersections is established.
C.
When lengthy drives with more than one angle of deflection is created.
3.
If it appears that the development trend is toward the use of flag
lots, a sketch plan of the remaining lands may be required.
4.
The flagpole, stem or handle portion of the flag lot shall not be
used toward meeting the minimum lot area requirement.
5.
The required front yard setback should be measured along the interior
lot line where the handle of the flag lot terminates.
[Ord. 1983-4, 12/5/1983; as added by Ord. 1995-4, 11/6/1995,
§ 3]
1.
All processing must be contained within an enclosed structure.
2.
No waste products shall be stored outside the structure used for
slaughtering.
3.
All waste products must be properly disposed of daily.
4.
Any structure utilized for slaughtering must be situated no less
than 200 feet from any right-of-way or property line.
5.
Where such use abuts on adjacent residential district or residential
use, a buffer planting screen shall be provided in accordance with
§ 1609(5).
6.
Any structure utilized for slaughtering purposes must be situated
not less than 300 feet from any residential use.
7.
Slaughtering shall not be permitted within any residential structure.
8.
Slaughtering shall comply with all prevailing State and Federal regulations.
9.
Parking shall be provided onsite. One space shall be provided for
each employee of the slaughter house and one space/300 feet of gross
floor area devoted to service utilities shall be provided.
10.
Water facilities must be available to the structure where the use
will occur.
[Ord. 1983-4, 12/5/1983; as added by Ord. 1998-1, 4/15/1998,
§ I; as amended by Ord. 2001-2, 4/17/2001, §§ 25-27]
1.
Purpose. In recognition of the quasi-public nature of personal service
facilities, the purpose of this Section is as follows:
A.
To accommodate the need for personal wireless service antennas while
regulating their location and number in the Township.
B.
To minimize adverse visual impact and effects of personal support
structures through proper design, siting and vegetative screening.
C.
To avoid potential damage to adjacent properties from antenna support
structure failure and falling ice or debris, through engineering and
proper siting of antenna support structures.
D.
To encourage the joint use of any new and existing antenna support
structures to reduce the number of such structures needed in the future.
E.
To ensure that the location and number of personal wireless facilities
are in the best interests of the health, safety, welfare and morals
of the residents of the Township.
F.
To minimize any adverse effects of location and design of personal
wireless facilities on residential property values.
2.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
ANTENNA HEIGHT
ANTENNA SUPPORT STRUCTURE
COMMERCIAL MOBILE SERVICE
COMMON CARRIER
EXCHANGE ACCESS
PERSONAL WIRELESS SERVICE
PERSONAL WIRELESS SERVICE FACILITIES
PERSON WIRELESS SERVICES SITE
UNLICENSED WIRELESS SERVICE
Definitions. The following words and phrases when used in this Chapter
shall have the meaning given to them in this subsection unless the
content clearly indicates otherwise:
Man-made trees, clock towers, tall steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas on towers.
Any structure or device used to collect or radiate electromagnetic
waves, including both directional antennas (such as panels) and omnidirectional
antennas (such as whips) but not including satellite earth stations.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
Any mobile service (as defined in § 153 of the
Federal Communications Act of 1934, as amended) that is provided for
profit and makes service available (2) to the public, or (2) to such
classes of eligible users as to be effectively available to a substantial
portion of the public. It includes, but is not limited to, personal
communications services (PCS), cellular radiotelephone service and
paging.
Any person engaged as a common carrier for hire, in interstate
or foreign communications by wire or radio, or in interstate or foreign
radio transmission of energy, but a person engaged in radio broadcasting
shall not, insofar as such person is so engaged, be deemed a common
carrier.
The offering of access to telephone exchange services or
facilities for the purpose of the originator or terminator of telephone
toll services.
Commercial mobile services, unlicensed wireless services
and common carrier wireless exchange access services.
Facilities for the provision of personal wireless services.
A tract of parcel of land that contains a personal wireless
service antennae as the principal use, its support structure, accessory
building(s), parking and may include other uses and equipment ancillary
to telecommunication transmission or processing.
The offering of telecommunication services using duly authorized
devices which do not require individual licenses, but does not mean
the provision of direct exchange satellite services.
3.
Use Regulations.
A.
A personal wireless service facility with antenna and assorted equipment
that is attached to a preexisting personal wireless service facility,
smoke stack, water tower or any other structure is permitted in all
zoning districts. The height of any antenna shall not exceed the height
of the existing structure by more than 25 feet. If the antenna is
to be mounted on a preexisting structure, a full site plan shall be
required.
B.
A personal wireless service facility with antenna that is either
not mounted on any existing structure or is more than 25 feet higher
than the structure on which is mounted is permitted in all zoning
districts as a conditional use. The Board of Supervisors may grant
a conditional use after review of the Planning Commission and a public
hearing before the Board of Supervisors. The applicant must establish
the following:
(1)
That there is not suitable space on existing personal wireless
service facilities or other personal wireless service facility sites
or on other sufficient tall structure where the intended personal
wireless service facility can be accommodated and function as required
by its construction permit or license without unreasonable modification.
(2)
Presenting technological evidence that the personal wireless
facility must go where it is proposed in order to satisfy its function
in the grid system and the providing of the quality of service required
by law.
(3)
If the applicant proposes to build a tower (as opposed to mounting
the antenna on an existing structure), said applicant is required
to demonstrate that they contacted the owners of all structures within
a one mile radius of the site proposed, asked for permission to install
the antenna on those structures and was denied for reasons other than
economic ones. This would include smokestacks, water towers, tall
buildings, antenna support structures of other telecommunications
companies, other communication towers (fire, police, etc.), and other
tall structures. The Board of Supervisors may deny any application
to construct a new tower if the applicant has not made a good faith
effort to mount the antenna on an existing structure.
(4)
A full site plan which shall include:
(a)
Written authorization from the property owner of the proposed
tower sites.
(b)
A site plan:
1)
Drawn to scale.
2)
Showing the property boundaries.
3)
Showing any tower guy wire anchors and other apparatus.
4)
Existing and proposed structures.
5)
Scaled elevation view.
6)
Access road(s) location and surface material.
7)
Parking area.
8)
Fences.
9)
Location and content of (any or warning) signs.
10)
Exterior lighting specifications.
11)
Landscaping plan.
12)
Land elevation contours.
13)
Existing land uses surrounding the site.
14)
Proposed transmission building and/or other accessory
uses with details.
15)
Elevations.
16)
Proposed use.
(c)
A written report including:
1)
Information describing the tower height and design.
2)
A cross-section of the structure.
3)
Engineering specifications detailing construction of tower,
base and guy wire anchorage.
4)
Information describing the proposed painting and lighting schemes.
5)
Information describing the tower's capacity, including the number
and type of antennas that it can accommodate.
6)
Radio frequency coverage including scatter plot analysis and
the input parameters for the scatter plot analysis.
7)
All tower structure information to be certified by a licensed
P.E.
8)
Wireless telecommunications data to be certified by an appropriate
wireless telecommunications professional.
9)
Information discussing unavailability of other sites for one
or more of the following reasons:
a)
Refusal by current tower owner.
b)
Topographic limitations.
c)
Adjacent impediments blocking transmission.
d)
Site limitations to tower construction.
e)
Technical limitations of the system.
f)
Equipment exceeds structural capacity of facility
or tower.
g)
No space on existing facility or tower.
h)
Other limiting factors rendering existing facilities
or towers unusable.
i)
An updated appraisal report for sites requested
in residential areas.
j)
An update of capacity on an existing tower.
(d)
All other uses ancillary to the antenna and associated equipment
(including a business office, maintenance depot., vehicle storage,
etc. . . . are prohibited from the telecommunication site unless otherwise
permitted in the zoning district in which the telecommunication site
is located.
4.
Standards of Approval of All Telecommunication Antennas.
A.
Antenna Height. The applicant shall demonstrate that the antenna
is the minimum height required to function satisfactorily. No antenna
that is taller than this minimum height shall be approved.
B.
Setbacks From Base of Antenna Support Structure. If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distance between the base of
the support structure and any property line or right-of-way line shall
be the largest of the following:
C.
The location of guide wire anchors shall meet the applicable setback
requirements of this Chapter.
D.
Antenna Support Structure Safety. The applicant shall demonstrate
that the proposed antenna and support structure are safe and the surrounding
areas will not be negatively affected by support structure failure,
falling ice or other debris. The applicant shall also demonstrate
compliance with guidelines recommended by the American National Standard
Institute (ANSI) (ANSI/IEEEC95-1-1992) and that all support structures
shall be fitted with anti-climbing devices, as approved by the manufacturers.
E.
Fencing. A fence shall be required around the antenna support structure,
accessory building(s) and other equipment unless the antenna is mounted
on an existing structure. The fence shall be a minimum of six feet
in height and a maximum of eight feet in height, shall completely
enclose the antenna, support structure, and related facilities, shall
not contain openings greater than nine square inches and shall contain,
at all entrances, gates which shall be locked except during such times
as the site is manned by authorized operations or maintenance personnel.
F.
Landscaping. The following landscaping shall be required to screen
as much of the support structure as possible, the fence surrounding
the support structure and any other ground level features (such as
a building), and in general soften the appearance of the personal
wireless service facility site. The Township may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping if they achieve the same degree of
screening as the required landscaping. If the antenna is mounted on
an existing structure and other equipment is housed inside an existing
structure, landscaping shall not be required.
(1)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
(2)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
G.
In order to reduce the number of antenna support structures in the
community in the future, the proposed support structure shall be required
to accommodate at least three other users, including other personal
wireless service companies, and local police, fire and ambulance companies.
H.
The applicant company must demonstrate that it is licensed by the
Federal Communications Commission, and shall demonstrate that electromagnetic
fields and radio frequency interferences comply with Federal Communications
Commission regulations concerning such emissions.
I.
Required Parking. If the personal wireless service site is fully
automated, adequate parking shall be required for maintenance workers.
If the site is not automated, the number of required parking spaces
shall equal the number of people on the largest shift.
J.
Antenna support structures under 200 feet in height shall be painted
silver or have a galvanized finish retained, in order to reduce the
visual impact. Support structures may be painted green up to the height
of nearby trees. Support structures 200 feet in height or taller shall
meet all Federal Aviation Administration (FAA) regulations. No antenna
support structure shall be artificially lighted except when required
by the FAA.
K.
Personal wireless service facilities shall result in a minimal visual
impact for those residents in the immediate area and for those in
the larger community who view these facilities from a distance.
(1)
Minimal visual impact shall include:
(a)
A uni directional facility which is surrounded by vegetation
or land form that screens the tower(s) from view on the nonbroadcast
side and screens accompanying structure(s).
(b)
A facility where all broadcast equipment is contained within
a building, the size, character and location of which is permitted
by the underlying zone district.
(c)
A facility that is located down-slope from the top of a ridgeline
so that from key public viewpoints, a minority of the height of the
tower is viewed against the sky.
(2)
For facilities located in highly developed portions of the Township,
buildings may be used to accomplish the screening noted above.
(3)
It is acknowledged that large, multi-use towers located within
major use transmission areas cannot be effectively screened. In order
to minimize the visual impact, such new facilities should be located
in close proximity to other comparable structures. Accompanying buildings,
groundmounted antennas, and other equipment and structures shall be
subject to screening recommendations.
(4)
The visual impact of the personal wireless service facilities
shall be compatible with the aesthetic character of the surrounding
area.
(5)
FAA requirements for coloring and lighting of towers shall be
considered in looking at visual impact.
(6)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment shall
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
L.
The advance effect, if any, of personal wireless service facilities
location and design on residential property value shall be minimized.
M.
In all districts, personal wireless service facilities shall not
be located within one mile from any existing personal wireless service
facility.
N.
Any tower that is no longer in use for its original communications
purpose shall be removed at the owner's and/or property owner's expense.
The owner shall provide the Township with a copy of the notice to
the FCC of intent to cease operations and shall be given 90 days from
the date of ceasing operations to remove the obsolete tower and accessory
structures. In the case of multiple operators sharing use of a single
tower, this provision shall not become effective until all users cease
operations. The equipment on the ground is not to be removed, however,
until the tower structure has first been dismantled and removed.
[Ord. 2001-2, 4/17/2001, § 16]
No dumpsters shall be allowed in single-family residential uses.
In multifamily, commercial, industrial and all other uses, dumpsters
must be screened on three sides and must be located at a safe, accessible
spot.
[Ord. 2001-2, 4/17/2001, § 22]
Such activities may be permitted based on the following conditions:
A.
Such sales are limited to three per year per dwelling unit.
B.
All activities are conducted in such a manner that no hazards, nuisances,
or traffic-safety problems are created.
C.
The duration of such sales shall not exceed two consecutive days.
D.
Permits to conduct such activities shall be issued by the Township
Zoning Officer.
[Added by Ord. 2014-1, 10/6/2014]
One temporary roadside produce stand for the sale of agricultural
commodities to the public shall be allowed on a farm, which shall
be subject to the following requirements:
1.
The temporary roadside produce stand shall be limited to direct retail
sales of agricultural products and baked goods produced from agricultural
products upon property owned and/or operated by the operator of the
stand. A minimum of 30% of all the products sold shall have been raised
or produced by the operator of the stand, his/her relatives and/or
by other farms within Londonderry Township. Such direct sale shall
be authorized without regard to the 30% limitation under circumstances
of crop failure due to reasons beyond the control of the landowner.
2.
Any temporary roadside produce stand shall not exceed one story in
height and 500 square feet in area.
3.
The temporary roadside produce stand shall be located no closer than
10 feet from the street right-of-way line and no closer than 50 feet
from any other property line.
4.
All temporary stands or structures shall be dismantled and removed
from the property at the end of the growing season.
5.
Off-street parking shall be provided in accordance with Part 19.
6.
The Zoning Officer may require the owner of the roadside produce
stand to provide written evidence that there is sufficient available
safe stopping sight distance for any existing or proposed access or
driveway that is to be used by the roadside produce stand.
[Added by Ord. 2014-1, 10/6/2014]
One permanent accessory building or structure for the sale of
agricultural commodities to the public shall be permitted per farm,
which shall be subject to the following requirements:
1.
Sales shall be limited to direct retail sales of agricultural products
and baked goods produced from agricultural products upon property
owned and/or operated by the operator of the stand. A minimum of 30%
of all the products sold shall have been raised or produced by the
operator of the stand, his/her relatives and/or by other farms within
Londonderry Township. Such direct sale shall be authorized without
regard to the 30% limitation under circumstances of crop failure due
to reasons beyond the control of the landowner.
2.
The accessory building or structure shall have a maximum floor area
of 1,500 square feet, comply with the Uniform Construction Code, and
shall not be located on or displace more than 1/2 acre of prime agricultural
soil.
3.
The building or structure shall meet setback requirements for accessory
structures.
4.
Off-street parking shall be provided in accordance with Part 19 and
shall not be located on prime agricultural soils.
[Added by Ord. 2014-1, 10/6/2014]
1.
This § 1620 shall apply to a use with a new or expanded
building used to house animals that is placed or constructed after
the effective date of this section.
2.
A new or expanded building used for intensive raising of livestock
and/or poultry shall not be located within the following, whichever
is more restrictive:
3.
Minimum Lot Area. A minimum lot area of 10 acres shall apply, except
a minimum lot area of 40 acres if the use will have more than five
animal equivalent units per acre on the average.
4.
As a special exception use, the Zoning Hearing Board may approve
a smaller setback for the expansion of facilities that existed prior
to the adoption of this section where the applicant proves that there
is no reasonable and feasible alternative and where the applicant
proves that the lesser distance would not be detrimental to public
health or safety or create significant hazards or nuisances.
5.
An adjacent property owner may also waive his/her rights to an increased
setback by providing a signed and notarized written letter to the
Zoning Officer. Such waiver shall be automatically binding upon future
owners of the property.
6.
The applicant should describe, in writing or on site plans, methods
that will be used to address water pollution and insect and odor nuisances.
The applicant should provide a written comparison of proposed methods
of controlling insect and odor nuisances and avoiding water pollution
to applicable sections of the Pennsylvania Soil and Water Conservation
Technical Guide as published by the United States Department of Agriculture
and the State Department of Environmental Protection's Manure Management
Manual for Environmental Protection, or their successor publications.
The applicant may provide a cross-reference to certain sections of
such manuals or other written industry standards to describe the methods
that will be used.
7.
The location of the facility is requested to consider prevailing
wind patterns as they may affect the nearest existing dwellings.
8.
For a new or expanded raising of livestock or poultry use, evidence
shall be provided by the operator/applicant to the Township to show
that there will be compliance with procedures and requirements of
the State Nutrient Management Act and accompanying state regulations,
if applicable.
9.
For manure storage facilities that are specifically required to have
a setback from lot lines under the state nutrient management regulations,
that state setback shall apply. For any other manure storage facilities,
a one-hundred-foot minimum setback should apply from all lot lines.
