A.
Lot area governed by sewage disposal requirements.
Where a lot otherwise meeting the requirements of this chapter is
served by an on-lot sewage disposal system and the Sewage Enforcement
Officer determines that the lot area is insufficient to absorb the
effluent, the Sewage Enforcement Officer may require that the lot
area be increased to provide sufficient area, or that an alternate
means of sewage disposal be installed.
B.
Lot occupancy.
(1)
Unless otherwise expressly permitted in the applicable
zoning district, on any lot only one principal permitted or conditional
use shall be allowed on a lot, although it may occupy several buildings.
(2)
An off-premises sign shall be considered the principal
use on a lot, and no other permitted or accessory uses shall be allowed
on the same lot as the off-premises sign.
(3)
A communications or utility tower shall be considered
the principal use on a lot, and no other permitted or accessory uses
shall be allowed on the same lot as the tower.
C.
Change of use.
(1)
A legally nonconforming use may be changed to a use
which is less nonconforming by virtue of its decreased size, intensity
of use, shortened hours of operation or a diminution of the nonconforming
characteristics of the use, upon review and approval by the Zoning
Hearing Board. A completed zoning/building application form shall
be submitted prior to such change of use following approval.
(2)
Where a change of use is proposed which would result
in increased traffic as determined by the Township Engineer, due to
the nature of the proposed use, a traffic impact analysis shall accompany
the zoning/building permit application form. Said traffic impact analysis
shall provide information regarding the impact on intersections in
close proximity to the subject parcel, where transportation improvements
may be warranted due to increased traffic volumes being generated
by the proposed use.
(3)
The Planning Commission shall review and approve changes
of use which, while permitted in the district where posed, because
of the characteristics of the use, exhibit the potential for adverse
impact on the surrounding properties. Adverse characteristics may
include, but are not limited to, increased traffic, expanded hours
of operation, expansion of parking areas, or the installation of exterior
site improvements, including exterior lighting.
D.
Maximum building height.
(1)
Maximum height. No building or structure containing
a principal permitted use shall exceed 35 feet in height, unless expressly
provided for otherwise.
(2)
Measurement of height. Height shall be measured as
the vertical distance between ground level and the top of the wall
or the top of the roof, using the front wall of the building. On a
sloped roof building, the top of the wall shall be considered as halfway
between the roof's eaveline and ridgeline.
(3)
Exceptions. Chimneys, church steeples, flagpoles,
water tanks, silos, mechanical equipment, or projections mounted on
a roof and communications equipment erected to meet the standards
of the Federal Communications Commission shall be exempt from the
maximum height regulations.
E.
Building setback exceptions.
(1)
Patios and decks not more than three feet above finished
grade at any point around their periphery may extend not closer than
1/2 the required setback distance from any side or rear property line
and not closer than 25 feet from any front property line.
(2)
Balconies on second- and/or third-floor levels and
outdoor accessways may project not more than three feet into any required
setback area.
[Amended 2-28-2011 by Ord. No. 141]
(3)
Chimneys, buttresses, porches, piers or pilasters
may extend not more than three feet into a required setback area,
provided they are not more than six feet in width.
(4)
The edge of a driveway or parking area shall be set
back at least three feet from an adjacent property line unless owners
of abutting properties agree in writing that the edge may be closer
to or abut their common property line.
(5)
Where a property extends to the center line of an
abutting road, the width of the right-of-way shall be considered 50
feet, and buildings on the property shall be set back from the road
center line the appropriate distance according to the zoning district
in which the property is located plus 25 feet.
(6)
Setback distance shall be measured as the horizontal
line between a property line and the vertical above-grade wall of
a building. Steps leading from grade to a porch or deck shall not
be included in setback calculations.
(7)
Lots which have frontage on more than one right-of-way
shall provide the required front yard setback distance along the entire
frontage of each right-of-way.
[Added 7-23-2001 by Ord. No. 96]
(a)
Where reverse frontage lots or rear lot lines
abut a regional collector or arterial right-of-way, that setback shall
be increased by an additional 30%.
(b)
On corner lots where the principal structure
is oriented with its primary entrance facing one right-of-way, the
opposite yard shall be considered the rear yard.
(c)
In no case, except as granted by the Zoning
Hearing Board, shall lots with frontage on more than one right-of-way
reduce a required setback distance along the frontage to less than
that required for a front yard.
F.
Attachments
between structures:
[Added 2-28-2011 by Ord. No. 141]
(1)
Said
attachment shall comply with all dimensional standards applicable
to the principal structure, including but not limited to height; front,
side and rear setbacks; and lot coverage.
(2)
Said
attachment shall be permanently anchored to both structures, whether
principal or accessory, and whether erected in conjunction with the
initial permitted construction or added later.
A.
General. Landscape and bufferyard standards are intended
to provide natural transition areas between developed lots, tracts
and parcels. The standards will facilitate this in the following ways:
(1)
Bufferyard standards, requiring appropriate buffers
between incompatible land uses, will reduce negative impacts of more
intense uses relative to less intense adjacent uses.
(2)
General landscape standards are intended to assist
in the development of more attractively landscaped outdoor spaces
and provide for a greater sense of continuity within individual developments
and smoother transition from one development to another.
(3)
The parking lot landscaping requirements should result
in more shade, reduced glare and heat build-up, and less of the visual
monotony created by large expanses of pavement and large numbers of
parked cars.
B.
Bufferyards.
(1)
Purpose. Bufferyards shall be required around the
periphery of new developments as indicated, in order to provide a
physical separation between different land uses and in order to eliminate
or minimize potential nuisances such as dirt, litter, noise, glare
of lights, signs, and unsightly buildings or parking areas, or to
provide spacing to reduce adverse impacts of noise, odor, or danger
from fires or explosions.
(2)
Location of bufferyards. Bufferyards, where required,
shall be located along the outer perimeter of a lot, tract or parcel
proposed for development abutting the parcel boundary line and extending
the full length of the line except for vehicular entrances. Bufferyards
shall not be located on any portion of an existing or dedicated public
or private street or right-of-way.
C.
Determination of bufferyard type. A number of bufferyard
requirements are specified in various sections of this chapter. Where
no bufferyard standard is specified, the determination of the appropriate
type of bufferyard required between two adjacent parcels or between
a parcel and a street is made by the following procedure:
(1)
Identify the land use of the property proposed for
development.
(2)
Identify the adjacent land use(s).
(3)
Identify the bufferyard by referring to Table 9-A
herein.
[Amended 9-29-2008 by Ord. No. 125[2]]
[2]
Editor's Note: Table 9-A, Bufferyard/Model-Land Use Matrix, is included at the end of this chapter.
D.
Bufferyards in overlay zones. The following dimensional
and planting requirements apply in all overlay zoning districts where
designated:
[Amended 9-29-2008 by Ord. No. 125]
E.
Bufferyard requirements.
(1)
Introduction. In order to provide a level of flexibility,
a developer may choose from several widths and planting options within
each class of bufferyard as provided in this section.
(2)
The following illustrations graphically indicate the
specifications of each bufferyard. Bufferyard requirements are stated
in terms of the width of the bufferyard and the number of plant units
required per 100 linear feet of bufferyard. Recommended plant types
are divided into four categories: canopy trees, understory trees,
evergreens, and shrubs. Recommended plant species for each of these
categories are found at the end of this section. The requirements
of a bufferyard may be satisfied by any of the options illustrated,
or, in the alternative, an equivalent bufferyard may be provided.
(3)
Each illustration depicts the total bufferyard required
to be erected by the higher intensity use when it is being located
next to the same or lower intensity use, except any residential use
that is proposed to be developed adjacent to a higher intensity use
existing as of the effective date of this chapter shall be required
to plant a minimum Level C Bufferyard.
(4)
Whenever a wall, fence, or berm is required within
a bufferyard, these are shown as "structure required" in the following
illustrations. Whenever a wall is required in addition to a berm,
the wall shall be located between the berm and the higher intensity
use, in order to provide maximum sound absorption.
(5)
Bufferyard type. The type and extent of bufferyard
plantings or screening shall be a function of the degree of potential
incompatibility of the adjacent land uses as set forth in the Table
herein. New developments in Adams Township shall provide one of the
following bufferyards, as specified in this section:
(a)
Bufferyard A: Minor; minimum bufferyard width
five feet.
(b)
Bufferyard B: Moderate; minimum bufferyard width
10 feet.
(c)
Bufferyard C: Average; minimum bufferyard width
15 feet.
(d)
Bufferyard D: Substantial; minimum bufferyard
width 25 feet.
(e)
Bufferyard E: Major; minimum bufferyard width
40 feet.
(f)
Bufferyard F: Applicable in Preservation Overlay
Zoning Districts (25 feet).
(g)
Bufferyard G: Applicable in Transition Overlay
Zoning Districts (15 feet).
(6)
Bufferyard width.
(a)
Each bufferyard, A through E, has four width
options. As width increases, the number of plantings per one-hundred-foot
length decreases by a given factor referred to as the "plant unit
multiplier." A plant unit multiplier of one is used for the minimum
width of each bufferyard. The minimum width can be reduced, in certain
instances, by using berms or berm walls within the bufferyard as illustrated
below.
(b)
Roadside setbacks outside of Preservation or
Transition Overlay Districts. When a parcel abuts a road or street,
and where a minimum setback from the road or street is specified in
another section of this chapter, that minimum setback must be followed
and the required bufferyard shall be planted along the property line
adjacent to the road. Where no bufferyard standard is specified, a
Level D Bufferyard standard is implied.
(c)
Within any Transitional or Preservation Overlay
District, the construction of parallel access roads, where indicated,
within the required eighty-five-foot or ninety-five-foot right-of-way,
established for that purpose, shall be the primary consideration when
locating Bufferyards F and G.
[Amended 3-7-2005 by Ord. No. 109; 9-29-2008 by Ord. No.
125]
(7)
All areas of a bufferyard not planted with trees or
shrubs shall be seeded with grass unless ground cover is to be established
and maintained.
(8)
Evergreen (conifer) plant material shall be used in
clusters, rather than singly, in order to maximize their chance of
survival.
F.
Bufferyard design and landscaping standards.
(1) 
Bufferyard A - Minor. Required plant units per 100
feet (at five-foot minimum width).
(2) 
Bufferyard B - Moderate. Required plant units per
100 feet (at ten-foot minimum width).
(3) 
Bufferyard C - Average. Required plant units at 100
feet (at fifteen-foot width).
(4) 
Bufferyard D - Substantial. Required plant units per
100 feet (at twenty-five-foot width).
(5) 
Bufferyard E - Major. Required plant units per 100
feet (at forty-foot width).
(6) 
Bufferyard F - Overlay. Required plant units per 100
feet (at twenty-five-foot width).
[Amended 7-23-2001 by Ord. No. 96; 3-7-2005 by Ord. No. 109]
(7) 
Bufferyard G - Overlay. Required plant units per 100
feet (at fifteen-foot width).
[Amended 7-23-2001 by Ord. No. 96; 3-7-2005 by Ord. No.
109]
(8)
Bufferyard F. Applicable in overlay zoning districts
as per the provisions of this section.
(9)
Bufferyard G. Applicable in overlay zoning districts
as per the provisions of this section.
(10)
A bufferyard shall be provided around the entire
perimeter of the property, as per the provisions of this article.
G.
Bufferyard fences, berms and berm walls.
(1)
Bufferyards B, C, D, and E include the optional use
of fences, berms, or berm walls as part of the bufferyard requirement.
The specifications for the permitted fences, berms, and berm walls
are as follows.
(2) 
If a fence or wall has a decorative side, that side
shall face the public right-of-way, or in the case of a fence or wall
separating residential from business premises, the decorative side
shall face the residential property. It shall be the responsibility
of the person or corporation erecting the wall or fence and their
successors and assigns to maintain both sides of it in good repair
for as long as it is in place. All parts of a fence or wall, including
foundations, shall be entirely within the property on which it is
located.
H.
Bufferyard maintenance. Bufferyards shall be maintained
by the owner of the property on which they are located. Destruction
of 15% of the plant material regardless of cause shall require the
replacement of such plantings by the owner.
I.
Bufferyard use. A bufferyard may be used for passive
recreation and may contain pedestrian or bike trails, provided that:
J.
Township landscaping standards. In addition to the
bufferyard landscaping requirements set forth herein, the following
general landscaping requirements shall apply as indicated:
(1)
Residential landscaping requirements. Residential
landscaping is an important element in the Township's efforts to maintain
and enhance its rural and residential character. All residential developments
shall adhere to the following landscaping standards:
(a)
All residential lots shall be planted with a
minimum of three shade trees with a minimum caliper of 2 1/2 inches
DBH. Any single-family detached lot shall have at least two of the
required shade trees located in the front yard, or, in the case of
a corner lot, in the front yard or the side yard facing the street.
Existing trees, of equal or larger DBH size, if properly preserved,
will satisfy this requirement.
(b)
For any residential development containing attached
dwellings (townhouses) and/or multifamily dwelling buildings, one
shade tree with a minimum caliper of 2 1/2 inches diameter breast
high (DBH) shall be planted for each dwelling unit, one on each individual
townhouse lot if such lots are included in the development, or within
the open space area(s). Existing trees of at least 2 1/2 inches caliper
DBH and of a variety on the canopy tree list, if in good health, will
satisfy this requirement.
(c)
Residential fencing requirements.
[Amended 12-9-2019 by Ord. No. 109]
[1]
Front yard fences shall be a maximum
of 72 inches high and are limited to the following materials: aluminum,
wood, stone, iron, or brick. No privacy fences shall be allowed in
the front yard.
[2]
Corner lot side yard fences visible
from the street shall be a maximum of 72 inches high and are limited
to the following materials: aluminum, wood, stone, brick, iron, earth-tone
vinyl, or white vinyl.
[3]
Rear and internal side yard fences
shall be a maximum of six feet in height and are limited to the following
materials: aluminum, wood, stone, brick, iron, earth-tone vinyl, or
white vinyl.
[4]
In developments where a homeowners'
association or other similar group is present, the declarations and/or
bylaws for said association shall outline permissible fencing types
for the development. If none exist, then this section controls.
[5]
No chain-link fences shall be permitted in the residential districts of the Township subject to the exceptions in Subsection D of this section.
[6]
Only two types of approved fencing
may be used per lot.
(d)
Business and agricultural fencing requirements.
[1]
For purposes of security, a business owner may
surround that portion of his/her property that requires protection
with a chain link fence not more than 10 feet high. The base of the
fence facing a public road or residential property shall be planted
on the outer side with shrubs not more than three feet on center and
not less than 2 1/2 feet high when planted, maintained thereafter
in good health by the property owner.
[2]
For purposes of containing farm animals or to
prevent trespassing, owners of agricultural properties may surround
their barnyards and/or other parts of their production lands with
barbed wire fencing.
(2)
Open space landscaping requirements. Developments
that include required open space areas shall submit a landscaping
plan as part of an application for a zoning/building permit. This
plan shall provide for landscaping in the open space that defines
space and circulation, provides shade, provides natural wooded areas
for passive recreation and environmental needs, and provides screening
for active recreation areas, parking lots, and other incompatible
uses from residences. The quantity of trees allocated to common open
space shall not have the effect of eliminating the landscaping devoted
to individual lots. Open space areas within any development model
shall adhere to the following minimum landscaping standards:
(a)
Planting requirements. Two shade trees with a minimum caliper of 2 1/2 inches diameter breast high, or three ornamental trees or evergreen trees selected from the list in § 192-53L, shall be planted for each dwelling unit in the development, within the open space area. Existing trees of equal or greater caliper will, if in good health, satisfy this requirement.
(b)
Areas with no trees shall be seeded with grass
or maintained with ground cover.
(c)
Agricultural use. While the open space is maintained
in active agricultural uses, the planting requirements are waived.
(3)
Nonresidential landscaping requirements.
(a)
In all institutional, commercial and industrial
developments: one shade tree with a minimum 2 1/2 inches caliper diameter
breast high when planted for every 1,000 square feet of gross floor
area, fractions excluded. Existing trees of equal or greater caliper,
if in good health, will satisfy this requirement.
(4)
General requirements.
(a)
Hedges, fences, and walls as obstructions. Hedges,
fences, or walls placed on a property at the intersection of two public
roads shall be placed on the property so that the vision of drivers
approaching the intersection on either road is maximized. A triangular
area whose sides are parallel to and abut the intersecting streets
shall be kept clear so that vehicles approaching on either street
are visible to one another.
(b)
Retaining walls. Any wall at least four feet
high above grade on its exposed side, and intended to hold an earth
embankment from slipping, shall be considered a retaining wall. Such
walls shall be designed by a registered engineer and shall be capable
of withstanding soil pressures from behind as well as having foundations
adequate to avoid overturning, a drainage system to remove water collecting
behind the wall, and a barrier along the top of the wall to prevent
accidental falls. A retaining wall shall require a building permit
and shall not be closer than five feet from any property line. Retaining
walls shall not exceed five feet in height.
K.
Parking lot design/landscaping.
(1)
All new parking lots and all existing parking lots
that are expanded by 20 or more parking spaces or increased in area
by 50%, after the effective date of this chapter, shall comply with
the following parking lot landscaping requirements:
(a)
Perimeter landscaping and screening. Parking
lots shall be screened around their entire perimeter (except on the
side directly adjacent to the building they serve) with a landscaped
buffer so as to prevent direct views of parked vehicles from streets
and sidewalks, decrease the amount of spillover light, glare, noise,
or exhaust fumes onto adjacent properties, and provide the parking
area with a reasonable measure of shade, when trees reach maturity,
as depicted in the following figure and meeting the following requirements:
[1]
Visual screen. Required parking lots shall be
surrounded by a minimum of a two-foot-six-inch-high, year-round screen,
fence, hedge, berm or wall. The height of any required screen, fence,
hedge, berm or wall shall decrease where driveways approach sidewalks
or walkways in order to provide adequate visibility of pedestrians
from motor vehicles, and shall not interfere with clear sight triangle
requirements.
[2]
Width. The visual screen shall be located on
a minimum six-foot-wide bufferyard.
[3]
Required plantings. Where plant material is
used as a screen, it shall include, at a minimum, canopy or ornamental
trees planted at every 30 feet on center with continuous evergreen
shrubbery in between.
[4]
Fences, berms and walls shall be selected from
the standards in this section.
(2)
Parking lot interior landscaping. The interior of
any parking lot may be landscaped to provide shade and visual relief
by installing protected planting islands or peninsulas within the
perimeter of the parking lots.
 |
 |
(3)
General parking lot landscaping standards.
(a)
Pedestrian crosswalks shall be provided where
necessary and appropriate.
(b)
Shrubs in or at the edge of the parking lot
shall be a minimum two feet six inches in height and shall provide
a year-round screen for paved areas and cars. Shrub varieties should
either be evergreen or, if deciduous, have a dense, twiggy growth
for winter screening and an attractive year-round appearance.
(c)
Plants (or other elements) that restrict visibility,
such as tall shrubs and low-branching trees, shall be avoided. Plant
materials at vehicular entrances shall be located so as to maintain
safe sight distances.
(d)
Plant varieties should be selected that are
moderate- to slow-growing, require little maintenance, and tolerate
such conditions as sun, wind, drought, glare, reflected heat, salt
and chemicals, and small planting spaces.
L.
Recommended Adams Township Plant List.
(1)
Canopy (shade/street) trees: minimum 2 1/2 inches
caliper DBH.
|
Red sunset red maple or other red maple varieties
| |
|
Sugar maple varieties
| |
|
Celebration maple
| |
|
Common hackberry
| |
|
Katsura tree
| |
|
Pyramidal European hornbeam
| |
|
Turkish filbert
| |
|
European beech
| |
|
Summit ash
| |
|
Cimmzam ash
| |
|
Halka honeylocust
| |
|
Skyline honeylocust
| |
|
Sweet gum
| |
|
London plane tree
| |
|
Redspire pear
| |
|
Pin oak
| |
|
Red oak
| |
|
Little leaf lindens
| |
|
Chinese elm
| |
|
Zelkova
|
(2)
Understory (ornamental) trees: 1 1/2inches caliper
DBH, eight-foot height.
|
Hedge maple
| |
|
Japanese maple
| |
|
Serviceberry
| |
|
River birch
| |
|
Redbud
| |
|
Fringe tree
| |
|
Dogwood varieties
| |
|
Hawthorn varieties
| |
|
Magnolia varieties
| |
|
Flowering crabapples
|
(3)
Evergreen/conifer trees: five-foot height minimum.
|
White fir
| |
|
Canadian hemlock
| |
|
Eastern white pine
| |
|
Austrian pine
| |
|
Serbian spruce
| |
|
White or Norway spruce
| |
|
Colorado spruce
| |
|
Pyramidal Japanese yew
| |
|
Pyramidal arborvitae
|
(4)
Shrubs: twenty-four-inch height and spread minimum,
thirty-six-inch height for screen plantings.
|
Chokeberry
| |
|
Azalea varieties
| |
|
Barberry
| |
|
Spirea
| |
|
Quince
| |
|
Dogwood varieties
| |
|
Burningbush
| |
|
Forsythia
| |
|
Witch hazel
| |
|
Holly varieties
| |
|
Privet
| |
|
Honeysuckle
| |
|
Magnolia
| |
|
Mockorange
| |
|
Rhododendron varieties
| |
|
Shrub roses
| |
|
Yews
| |
|
Viburnum varieties
| |
|
Austrian pine
| |
|
Cutleaf stephanandra
|
(5)
Groundcovers: fifteen-inch spread; two-and-one-half-inch
peat pots of flats.
|
Purpleleaf wintercreeper
| |
|
Myrtle
| |
|
Pachysandara
| |
|
Cotoneaster varieties
| |
|
Bearberry
| |
|
Juniper varieties
| |
|
Sweetfern
| |
|
Honeysuckle
| |
|
Evergreen and deciduous shrubs
|
(6)
Ornamental grasses perennial: No. 2 container stock.
There are many appropriate varieties of ornamental grasses and perennials,
fern, and daylilies appropriate for plantings.
M.
Forestry/logging activities.
[Added 2-28-2011 by Ord. No. 141]
(1)
Permit procedures.
(a)
A permit, issued by the designated Adams Township personnel,
shall be required for all logging or forestry activities.
(b)
A review of the forest management or forest harvesting plan
by the Township Planning Commission shall precede the issuance of
any logging permit.
(c)
Two copies of the management or harvesting plan shall be submitted
to the Codes Enforcement Officer a minimum of 30 days prior to a regularly
scheduled meeting of the Township Planning Commission, accompanied
by an administrative fee as set by the Township Supervisors.
(d)
Failure to secure such permit prior to initiating the logging
activity or upon receipt of notice to do so shall result in the filing
of enforcement action against the property owner and operator.
(2)
Logging and the cutting of trees.
(a)
Logging shall be done only in accordance with a forest management
or forest harvesting plan prepared by a forester or qualified professional,
a copy of which plan shall be filed with the Township Secretary. All
forest management and harvesting plans and the logging operation itself
shall comply with the following requirements:
[1]
An erosion and sedimentation plan shall be submitted prior to
the start of logging operations.
[2]
All cutting, removing, skidding and transporting of trees shall
be planned and performed in such manner as to minimize the disturbance
of or damage to other trees and vegetation and the land itself.
[3]
Roads and trails shall be constructed, maintained and abandoned
in such manner as to prevent soil erosion and permanent damage to
soil and waterways.
[4]
Roads and trails shall be only wide enough to accommodate the
type of equipment used, and grades shall be kept as low as possible.
[5]
Where possible, stream crossings shall be avoided, but where
deemed necessary, crossings shall be made at a right angle across
suitable culverts or bridges.
[6]
Skidding across live or intermittent streams is prohibited except
over bridges or culverts.
[7]
Buffer zones of appropriate dimensions shall be maintained on
the property on which the logging operation is being conducted along
all streets and abutting properties and around streams or springs
on the tract being logged.
[8]
Everything practical shall be done to prevent damage or injury
to young growth and trees not designated for cutting.
[9]
All limbs and stubs shall be removed from felled trees prior
to skidding.
[10]
No trees shall be left lodged in the process of
felling.
[11]
Felling or skidding on or across property of others
is prohibited without the express written consent of the owners of
such property. Felling or skidding on or across any public street
is prohibited without the express written consent of the Township
in the case of Township roads and streets or the Pennsylvania Department
of Transportation in the case of state highways.
[12]
Tops to a maximum height of four feet or slash
remaining in buffer areas shall be disposed of by the contractor or
property owner.
[13]
The stumps of all felled trees shall be permitted
to remain in the soil for stabilization purposes.
[14]
During periods of abnormal forest fire danger,
as determined by the Emergency Management Coordinator of Butler County
or Township Supervisors, the Township shall have the right to order
a suspension of logging operations until the danger subsides.
[15]
Littering is prohibited, and during and upon completion
of a logging operation all cans, bottles, paper, garbage and other
litter of any type shall be removed from the property.
[16]
Upon completion of a logging operation, all roads
shall be graded to eliminate any wheel ruts, and access to such roads
from any public street by motor vehicles of any kind shall be effectively
blocked except as necessary for the passage of appropriate vehicles.
[17]
The use of Township roads will require the posting
of a bond for logging vehicles.
(b)
Before the logging operation begins, all trees which are to
be felled in connection therewith shall be clearly marked on the trunk
and the stump so that the same may be easily identified both before
and after a tree has been felled. No tree shall be felled which has
not been designated for removal on the forest management plan as finally
approved by the Planning Commission.
(c)
The holder of a permit to conduct a logging operation shall
notify the Township, in writing, by fax, or telephone, within one
week before the cutting of trees is to begin in connection with the
construction of roads or trails, weather permitting.
(d)
The holder of a permit to conduct a logging operation shall
notify the Township, in writing, by fax, or telephone, within one
week before the cutting of trees for removal from the site is to begin,
weather permitting.
(e)
The holder of a permit to conduct a logging operation shall
notify the Township at least one week in advance of the expected completion
date of the logging operation and shall notify the Township immediately
upon said operation's completion, weather permitting.
(f)
The Township may, by its own personnel or outside persons hired
for the purpose, go upon the site of any proposed logging operation
after an application to conduct such operation has been filed for
the purpose of reviewing the plans for the proposed operation.
(g)
After a permit for a logging operation has been issued, the
Township shall have the right, by its own personnel or by outside
persons hired for the purpose, to go upon the site before, during
and after the logging operation to insure and require compliance with
the plans for said operation as finally approved and all of the terms
and provisions of this section.
(h)
The holder of a permit to conduct a logging operation shall
be notified of an inspection within a week of its scheduled date or
a minimum of 48 hours prior to said site inspection.
(3)
Contents of the forest management or forest harvesting plan.
(a)
Minimum requirements. As a minimum, the logging plan shall include
the following:
[1]
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails and log landings;
[2]
Design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bags;
[3]
Design, construction, and maintenance of stream and wetland
crossings;
[4]
A stand prescription for each stand located in the proposed
harvest area; and
[5]
The general location of the proposed operation in relation to
Township and commonwealth roads, including any accesses to those roads.
(b)
Map. Each logging plan shall include a site map containing the
following information:
[1]
Site location and boundaries, including both the boundaries
of the property on which the timber harvest will take place and the
boundaries of the proposed harvest area within that property; areas
proposed for clear-cutting shall be clearly delineated on the site
map;
[2]
Significant topographic features related to potential environmental
problems;
[3]
Location of all earth disturbance activities such as roads,
landings, and water control measures and structures;
[4]
Location of all crossings of waters of the commonwealth; and
[5]
The general location of the proposed operation to Township and
commonwealth roads, including any accesses to those roads.
(c)
Compliance with state law. The logging plan shall address and
comply with the requirements of all applicable state laws and regulations,
including, but not limited to, the following:
[1]
Erosion and sedimentation control regulations contained in 25
Pa. Code Chapter 102, promulgated pursuant to the Clean Streams Law
(35 P.S. § 691.1 et seq.);
[2]
Stream crossing and wetlands protection regulations contained in 25 Pa. Code Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.); and
[3]
Stormwater management plans and regulations issued pursuant
to the Stormwater Management Act (32 P.S. § 680.1 et seq.).
(d)
Relationship of state laws, regulations, and permits to the
logging plan. Any permits required by the commonwealth laws and all
applicable regulations shall be attached to and become part of the
logging plan. An erosion and sedimentation pollution control plan
that satisfies the requirements of 25 Pa. Code Chapter 102 shall also
satisfy the minimum requirements for the logging plan and associated
map specified in this subsection.
[1]
Editor's Note: Table 9-A, Bufferyard/Model-Land Use Matrix, is included at the end of this chapter.
A.
An accessory use may only be constructed concurrent
with or later than the principal use it serves.
B.
An accessory building shall be located only in a rear
or side yard of a lot and not forward of the front wall of the structure
accommodating the principal use, except that buildings for general
agricultural purposes in the agricultural zone districts may occupy
any area of a property within the front, side and rear setback lines.
C.
Except as otherwise expressly permitted in the applicable
district, no dwelling unit shall be located in any accessory building.
D.
No accessory building, other than a permitted accessory
dwelling unit, shall exceed 15 feet in height or one story, except
that buildings for general agricultural purposes are exempt from this
requirement.
E.
Temporary second dwellings, where permitted, shall
comply with the following limitations:
(1)
Accessory dwellings shall consist of apartments integrated
within single-family dwellings, or those located in detached accessory
dwellings, such as carriage houses or manufactured housing, located
on the same lot as single-family dwellings.
(2)
Accessory dwellings shall be at least 500 square feet
in total gross floor area, and shall contain at least two rooms and
private sanitary facilities with hot and cold running water, and cooking
and food storage facilities.
(3)
For the purposes of calculating residential density,
each accessory dwelling shall count as one-half dwelling unit.
(4)
There shall not be more than one accessory dwelling
on a lot in addition to the single-family dwelling.
(5)
A permitted accessory dwelling unit shall comply with
all other applicable site and building design, height, access, and
other standards for principal dwelling units in the zoning district
in which the accessory dwelling will be located.
G.
Boat trailers, camper tops, and similar self-propelled
or towed recreational vehicles may be stored on any lot, either within
a garage or in the rear yard area. No such vehicle shall be occupied
at any time in the Township for residential purposes for a period
exceeding two weeks.
H.
Home occupations and home-based businesses, as defined,
shall be considered permitted accessory uses in all zoning districts,
whether the principal dwelling use accommodating such accessory use
is conforming for the district or legally nonconforming.
[Amended 2-28-2011 by Ord. No. 141]
(1)
The home occupation may occur only in a single-family
detached dwelling occupied by the resident-owner of the business,
and no part of it shall be in an accessory building such as a garage.
(2)
No changes in the exterior appearance of the dwelling
to accommodate the occupation shall be permitted.
(3)
Not more than one person not a resident in the dwelling
shall be employed.
(4)
The home occupation shall occupy not more than 20%
of the total gross floor area of the dwelling, but in no case shall
it occupy more than 500 square feet.
(6)
Retail sales of a product, as opposed to a service,
shall not be permitted.
(7)
Personal services shall be provided only on an appointment
basis.
(8)
Items to be repaired shall be limited to those that
can be carried by one person.
(9)
No noxious odors, smoke, noise, vibration or glare
shall emanate from the conduct of the home occupation.
(10)
If the dwelling is rented, the residents shall
provide written permission from the owner before commencing the home
occupation.
(11)
When a dwelling containing a home occupation
is sold, the buyer shall, if he chooses to continue or change the
home occupation, apply for approval from the Code Enforcement Officer.
I.
Drive-in, drive-through facilities. The following amenities and design
criteria shall be applicable to all drive-in/drive-through facilities,
where permitted:
[Added 9-29-2008 by Ord. No. 125]
(1)
Restaurants and commercial establishments, such as pharmacies or
beverage stores, shall provide eight stacking spaces.
(2)
Financial institutions shall provide eight spaces for the first lane
and six additional spaces for each additional lane.
(3)
Drive-through stacking lanes shall be delineated from other vehicular
use areas by means of a landscaped divider median.
(4)
Drive-through stacking and circulation shall be designed to complement
the circulation throughout the rest of the parking lot. Two-way drive
aisles shall not conflict with one-way aisles.
(5)
Drive-through facilities that obstruct the pathway between parking
areas and entries into the building shall be designed with a pedestrian
crossing that is delineated by landscaping, curbing, raised or decorative
pavement, and signage.
(6)
Where a drive-through lane intersects a public or private sidewalk,
the sidewalk pavement shall be continued through the driveway to clearly
delineate the pedestrian network.
(7)
No drive-through speaker shall be oriented to face a residential
use or residential zone.
(a)
Drive-through facilities that abut a residential use or zone
shall cease use by midnight during the week and 2:00 a.m. on weekends.
(c)
Adequate waste containers shall be provided on the premises,
and the operator shall be responsible for the timely removal of paper
and other debris on the property.
(8)
All exterior lighting facilities shall be erected and maintained
so that illumination is confined to the property and shielded so that
direct light and glare does not spill onto adjacent properties or
public rights-of-way.
J.
Wind energy conversion systems (WECS). Where such use is permitted
as an accessory use, any WECS shall comply with the following criteria:
[Added 2-28-2011 by Ord. No. 141]
(1)
In order to insure safety to adjoining properties, all WECS shall
require a zoning permit issued by the Zoning Officer after his review
of proposed construction plans and operational data relative to the
proposed WECS.
(2)
The applicant shall submit the following information to secure a
zoning permit:
(a)
Construction plans prepared by a registered engineer showing
the location of the proposed tower and related equipment for the WECS.
The type of materials used to construct the tower or pole on which
the WECS will be mounted; all manufacturer's data relative to the
complete operational characteristics of the WECS, including but not
limited to safety and performance standards and/or characteristics,
noise characteristics, and supplemental information as requested by
the Zoning Officer.
(b)
A recorded plat demonstrating that the parcel on which a ground-mounted
WECS is proposed is a minimum of one acre in area (43,560 square feet)
and a minimum of 1/2 acre (21,780 square feet) for a WECS proposed
to be mounted on an existing principal or accessory structure.
(c)
Dimensions to scale demonstrating that a WECS proposed to be
mounted on an existing principal or accessory structure shall not
exceed the maximum height, when combined, of a structure permitted
in the zoning district.
(3)
All WECS towers, poles, or supporting structures shall be set back
from all property lines a minimum distance of 1.25 times the total
height of the tower or pole and all equipment mounted thereon from
all adjacent property lines. The total height shall include the height
of any structure that a tower or pole is mounted on if it is not mounted
directly at ground level.
(4)
All WECS towers or poles shall be enclosed by a six-foot fence with
a lockable gate entry. The climbing apparatus for the tower or pole
shall be permanently affixed to the tower or pole.
(5)
WECS operations shall not cause interference to television or radio
reception on neighboring properties. The Township reserves the right
to suspend and/or rescind the zoning permit if such interference is
confirmed and is a nuisance to neighboring property owners.
(6)
WECS operations shall not exceed 60 dba measured at the lot boundary
line of adjacent properties. The Township reserves the right to suspend
and/or rescind the zoning permit if it is determined by the Zoning
Officer the noise characteristics and/or levels generated by a particular
WECS exceed the standard enumerated herein.
(7)
WECS operations shall not constitute an undue safety hazard to neighboring
properties due to repeated failure and/or breakage of the rotor blade(s).
If in the opinion of the Township Engineer such a safety hazard and/or
nuisance exists, the Township reserves the right to suspend and/or
rescind the zoning permit until the safety hazard(s) have been corrected
to the satisfaction of the Township Board of Supervisors.
A.
Individual mobile, modular or manufactured homes shall
meet all requirements of this chapter for single-family dwellings
as to design, environmental standards, minimum lot size, setbacks,
minimum building width, lot width, and off-street parking.
B.
Mobile, modular or manufactured homes shall be set
securely on at least two masonry foundation piers built on concrete
footers, the bottom of which shall be at least three feet below finished
grade. Alternatively such homes may be set upon a continuous masonry
foundation wall carried at least three feet below finished grade around
the periphery of the home.
C.
Mobile, modular or manufactured homes shall be securely
tied to their foundations by over-the-top or built-in steel straps
at each corner and at one intermediate point each side. The space
between the floor of a manufactured or mobile, modular or manufactured
home and the ground below shall be enclosed by a continuous skirting,
and such space shall be ventilated.
D.
Mobile, modular or manufactured homes shall be placed
on their required foundations within 60 days of arrival on their lots.
E.
No mobile, modular or manufactured home shall be occupied
until it has received an occupancy permit from the Code Enforcement
Officer after installation of sewage disposal and water supply systems
in working order.
F.
Before a mobile, modular or manufactured home can
be removed from the Township, the owner shall present to the Code
Enforcement Officer certification that all Township, county and school
district taxes, past and current, have been paid in full.
G.
Any mobile, modular or manufactured home brought into
the Township on or after the effective date of this chapter shall
display a placard indicating that it complies with the National Manufactured
Housing Construction and Safety Standards Act, as amended.
H.
After placement on a foundation as required above,
all mobile, modular or manufactured homes shall have any hitches and
tongues removed.
A.
Number of off-street parking spaces required. A development
must generally comply with the parking standards set forth herein
in the Table of Minimum Parking Requirements. Where circumstances
unique to a specific development are shown to support parking standards
different than those set forth in this section, then the Zoning Hearing
Board shall have the discretion to grant administrative relief.
B.
Dimensional requirements.
(1)
Each parking space shall be at least nine feet in
width and contain at least 162 square feet of area exclusive of access
lanes.
[Amended 3-7-2005 by Ord. No. 109]
(2)
The minimum dimension, including access lanes, across
a double-loaded parking aisle with parking spaces at right angles
to the access lane shall be at least 58 feet, and for a single-loaded
aisle at least 40 feet. The minimum width of an access lane shall
be 22 feet.
[Amended 7-23-2001 by Ord. No. 96; 3-7-2005 by Ord. No.
109]
(3)
Where parking spaces form a forty-five-degree angle
with the access lane, the dimension across a double-loaded aisle shall
be at least 54 feet and across a single-loaded aisle at least 32 feet.
The dimension shall include the full depth of the parking spaces.
(4)
A parking aisle includes the parking spaces and the
access lane providing access to the spaces. A double-loaded aisle
has parking on both sides of the lane.
C.
Minimum parking requirements.
(1)
Minimum parking requirements. Off-street parking generally
shall be provided according to the minimum requirements specified
below in the Table of Minimum Parking Requirements.
(2)
For uses not specifically covered, the approving authority
may determine the appropriate parking requirements using this Table
as a guide.
|
Table 9-B
Table of Minimum Parking Requirements
| |||
|---|---|---|---|
|
Use
|
Required Parking
| ||
|
USES PERMITTED BY RIGHT
| |||
|
Agriculture Uses
| |||
|
Forestry
|
N/A
| ||
|
General agricultural operations
|
N/A
| ||
|
Agriculture-Related Commercial Uses
| |||
|
Nursery
|
One space per 200 square feet gross floor area
| ||
|
Veterinary services
|
1 space per 175 square feet gross floor area
| ||
|
Residential Uses
| |||
|
Accessory dwelling (temporary second dwelling)
|
1 space per bedroom
| ||
|
Mobile, modular or manufactured homes
|
3 spaces per home
| ||
|
Multifamily residential
|
2 spaces per the first bedroom plus 1/2 space
for each additional bedroom
| ||
|
Single-family detached dwelling*
|
3 spaces per unit
| ||
|
Townhouse and duplex*
|
2 spaces per the first bedroom plus 1/2 space
for each additional bedroom
| ||
|
Apartment dwellings*
|
2 spaces per the first bedroom plus 1/2 space
for each additional bedroom
| ||
|
Commercial Uses
| |||
|
Automated teller machine
|
2 spaces per ATM
| ||
|
Automobile sales
|
2.5 spaces per 1,000 square feet gross floor
area interior sales plus 1.5 spaces per 1,000 square feet
gross floor area interior storage and exterior storage display
| ||
|
Automotive repair, services, and parking
|
1 space per 200 square feet gross floor area
| ||
|
Bakery
|
1 space per 200 square feet gross floor area
| ||
|
Bar
|
1 space per 65 square feet gross floor area
| ||
|
Beverage distributor
|
1 space per 200 square feet gross floor area
| ||
|
Building materials and hardware sales
|
1 space per 200 square feet gross floor area
| ||
|
Building material supply
|
1 space per 500 square feet gross floor area
| ||
|
Business services
|
1 space per 200 square feet gross floor area
| ||
|
Clubs, lodges or fraternal or social organizations
|
0.33 per person at permitted maximum occupancy
| ||
|
Contractor supply or construction yard
|
1 space per employee and 1 space per 1,000 square
feet gross floor area
| ||
|
Convenience store
|
4 spaces per 1,000 square feet gross floor area
| ||
|
Bed-and-breakfast inn
|
1 space per sleeping room and 1 for owner/manager
| ||
|
Hotel or motel
|
1 space per sleeping room and additional uses
and 0.25/day shift employee
| ||
|
Indoor recreation facilities
|
Requires parking study as part of zoning/building
permit process
| ||
|
Industrial or commercial office park
|
See office or industrial use
| ||
|
Laundry, industrial or service
|
1 space per 200 square feet gross floor area
| ||
|
Liquor store
|
1 space per 200 square feet gross floor area
| ||
|
Machinery, sales and services
|
1 space per 200 square feet gross floor area
| ||
|
Neighborhood commercial
|
1 space per 200 square feet gross floor area
| ||
|
Off-premises signs
|
N/A
| ||
|
Office, business or professional
|
4 spaces per 1,000 square feet gross floor area
| ||
|
Office/showroom
|
2.5 spaces per 1,000 square feet gross floor
area interior sales, plus 1.5 spaces per 1,000 square feet interior
storage and exterior storage or display
| ||
|
Personal improvement services
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Personal services
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Portable construction/sales office
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Recording, radio or television studios
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Repair services
|
1 space per 350 square feet net leasable area
| ||
|
Research laboratory
|
1 space per 350 square feet net leasable area
| ||
|
Restaurant, except drive-in or fast-food restaurant
|
Quality sit down: 1 space per 65 square feet
gross floor area. See "Drive-in/fast-food restaurant" under Conditional
Uses and Uses by Special Exception/Commercial Uses below
| ||
|
Retail
|
1 space per 200 square feet gross floor area
| ||
|
Showrooms and salesrooms (wholesale distribution)
|
2.5 spaces per 1,000 square feet gross floor
area interior sales; 1.5 spaces per 1,000 square feet interior storage
and exterior storage display
| ||
|
Storage facilities
|
1 space per 700 square feet gross floor area
and 1 space per 400 square feet office sales
| ||
|
Industrial Uses
| |||
|
Heavy industrial
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Landscaping; nursery materials and products
|
1 space per 200 square feet gross floor area
| ||
|
Light industrial, including research laboratory
|
1 space per 1,000 square feet gross floor area
and 1 space per 350 square feet office sales
| ||
|
Mass transit facilities
|
Requires parking study as part of the zoning
permit process
| ||
|
Printing, publishing and bookbinding
|
1 space per 700 square feet gross floor area
and 1 space per 400 square feet office sales
| ||
|
Public utility facilities
|
Requires parking study as part of the zoning
permit process
| ||
|
Truck terminals
|
1 space per 700 square feet gross floor area
and 1 space per 400 square feet office sales
| ||
|
Warehousing, storage, distribution
|
1 space per 700 square feet gross floor area
and 1 space per 400 square feet office sales
| ||
|
Institutional/Civic Uses
| |||
|
Bus shelter
|
N/A
| ||
|
Medical clinic less than 20,000 square feet
|
6 spaces per 1,000 square feet gross floor area
| ||
|
Day-care center
|
1 space per employee and 0.1 space per person
of licensed capacity
| ||
|
Public park or recreation area
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Water/sewer pumping station
|
2 spaces
| ||
|
Accessory Uses
| |||
|
Administrative and support offices
|
1 space per employee
| ||
|
Cafeteria
|
N/A
| ||
|
Communication facilities
|
N/A
| ||
|
Day-care for children of employees
|
N/A
| ||
|
Employee credit unions
|
1 space per 400 square feet gross floor area
| ||
|
Farmers markets
|
1 space per 200 square feet of product display
space
| ||
|
Garages and parking areas
|
N/A
| ||
|
Garages for company vehicles
|
N/A
| ||
|
Home occupations
|
1 space per 200 square feet of home office space
| ||
|
Maintenance and utility shops
|
1 space per employee
| ||
|
On-premises signs
|
N/A
| ||
|
Outbuildings for storage
|
N/A
| ||
|
Parking areas for employees and customers
|
N/A
| ||
|
Private kennel or stable
|
N/A
| ||
|
Private recreation facilities
|
1 space per each 4 persons accommodated at maximum
usage
| ||
|
Private garages and parking areas
|
N/A
| ||
|
Roadside stands
|
1 space per 200 square feet of product display
space
| ||
|
Second single-family dwelling
|
1 space per bedroom
| ||
|
Watershed and water impoundments
|
N/A
| ||
|
CONDITIONAL USES AND USES BY SPECIAL EXCEPTION
| |||
|
Agriculture-Related Commercial Uses
| |||
|
Farm machinery and equipment sales and service
|
1 space per 200 square feet gross floor area
| ||
|
Mill, feed and farm supply center
|
1 space per 200 square feet gross floor area
| ||
|
Residential Uses
| |||
|
Mobile, modular or manufactured home park
|
3 spaces per unit
| ||
|
Personal care or transitional home
|
Requires parking study as part of the zoning
permit process
| ||
|
Retirement home or community
|
Requires parking study as part of the zoning
permit process
| ||
|
Temporary second dwelling
|
1 space per bedroom
| ||
|
Commercial Uses
| |||
|
Adult businesses
|
1 space per 200 square feet gross floor area
| ||
|
Automotive service station
|
1 space per fueling position plus 1 space per
employee
| ||
|
Boarding or lodging home
|
Requires parking study as part of the zoning
permit process
| ||
|
Clinics greater than 20,000 square feet
|
1 space per 175 square feet gross floor area
| ||
|
Commercial kennel or stable
|
0.25 space per animal
| ||
|
Commercial or private recreation facility
|
0.33 space per person in permitted maximum occupancy
| ||
|
Convenience store
|
4.4 spaces per 1,000 square feet gross floor
area
| ||
|
Bed-and-breakfast inn
|
1 space per sleeping room and 1 space for owner/manager
| ||
|
Day-care center, adult or children
|
1 space per employee and 0.1 space per person
of licensed capacity
| ||
|
Drive-in/fast-food restaurant
|
With drive-through: 1 space per 100 square feet
gross floor area; without drive-through: 1 space per 250 square feet
gross floor area
| ||
|
Hotel or motel
|
1 space per sleeping room, plus other spaces
based on auxiliary uses, i.e., lounge or meeting rooms, and 0.25 space
per day shift employee
| ||
|
Large retail
|
1 space per 200 square feet gross floor area
up to 500,000 square feet; greater than 500,000 square feet: 1 space
per 220 square feet gross floor area
| ||
|
Nursing or convalescent home
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Resource removal
|
N/A
| ||
|
Restaurants or bars within 200 feet of residential
|
1 space for 65 square feet gross floor area
| ||
|
Industrial Uses
| |||
|
Industrial establishments with outside operations
or activities
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Junkyards
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Landfills
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Institutional/Civic Uses
| |||
|
Cemetery
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Church
|
1 space per 30 square feet gross floor area
or 0.5 space per sanctuary seat
| ||
|
Clinic under 20,000 square feet
|
1 space per 175 square feet gross floor area
| ||
|
Commuter parking lot
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Day-care center, children or adult
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Government facilities and services
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Hospitals
|
Requires parking study as part of the zoning/building
permit process
| ||
|
Museums
|
1 space per 600 square feet gross floor area
| ||
|
Public utility or broadcasting/communications
structure and lines
|
N/A
| ||
|
Schools, elementary
|
4 spaces per classroom
| ||
|
Schools, secondary
|
6 spaces per classroom
| ||
|
* NOTE: Additional spaces needed for such uses
will be provided by on-street parking. Total on-street and off-street
parking for retail and offices shall not exceed one car per 450 square
feet gross floor area for retail and one space per 300 square feet
gross floor area for offices.
| |||
D.
Design standards.
(1)
Parking to serve any nonresidential use shall be located
so that no required space is more than 500 feet from the building
or use such space is designed to serve. No parking facilities accessory
to a business or manufacturing use shall be located in an RC, RAL,
RAM or other residential zoning district.
(2)
Parking to serve apartments shall be located so that
no required space is more than 200 feet from the entrance to the building
the space is designed to serve. A planted strip not less than five
feet in width shall separate the edge of parking areas from adjacent
apartment buildings.
(3)
Where a structure or development model contains a
mix of uses, to the maximum extent feasible, the parking for the various
uses shall be shared and shall be computed to equal no more than 0.75
times the required combined parking as determined for each use separately.
(4)
Whenever a use is enlarged or changed, the additional
parking required to serve such enlargement or change shall be in accordance
with this section, but nothing in this section shall be construed
to require uses legally existing prior to the passage of this chapter
to comply with these requirements except when such use is enlarged
or changed.
(5)
All parking areas serving any commercial or industrial
operation or any residential activity where more than four dwelling
units utilize the same area shall be surfaced with a maintained all-weather
material. Such parking areas shall be sloped not more than 6%, towards
an approved stormwater drainage system.
(6)
On a single-family lot or duplex lot, a garage and
the access to it on the property will count as required parking areas.
Where dwelling units and/or commercial uses share parking and/or garage
space, parking designated for one dwelling or commercial use shall
not obstruct or be placed such that it interferes with required parking
for other dwellings or commercial uses.
(7)
Exterior parking lot lighting shall be located and
aimed so that the light source and its translucent or transparent
cover is not visible from adjacent streets or nearby residential properties.
Sharp cut-off luminaries are recommended. The pool of light (area
of illumination) at ground level shall be kept completely within the
property on which the light standard is located. The illumination
level shall be the minimum to provide safety and security.
(8)
On paved parking surfaces, spaces shall be marked
off in white or yellow traffic paint with lines at least five inches
wide.
E.
Commercial parking.
(1)
Off-street parking for commercial uses shall be sufficient
to provide parking for the employees of all proposed uses as well
as long-term customer parking. Spaces reserved for employees shall
be designated as such by means of striping and signage.
(2)
Off-street parking areas on adjacent or abutting properties shall be physically connected via an access lane designed to the specifications enumerated in Subsection B and identified on the recordable land development plan as a reciprocal ingress and egress easement.
[Amended 2-28-2011 by Ord. No. 141]
(a)
Where intervening undeveloped lots can accommodate parking areas
accessible from developed or developing lots, the reciprocal easement
shall be extended to the property from the developed or developing
lots.
(b)
Where successive phased development is proposed and approved on a
single lot, parking areas shall be connected from phase to phase as
a condition of the initial land development approval.
 |
F.
Parking lot landscaping, buffering, and screening.
(1)
All new required parking lots, and all existing parking
lots that must expand by 20 or more parking spaces based on an expansion
of the use generating the need for such parking, after the effective
date of this chapter shall comply with the parking lot landscaping
standards set forth in this section.
(2)
Where a required parking area is located within 25
feet of an adjacent property containing a single-family dwelling,
the edge of the lot shall be screened by landscaping, an evergreen
hedge, earth mounding, fence, or any combination equivalent to Bufferyard
C, as defined in this section.
G.
Required loading and service areas.
(1)
Loading docks, solid waste containers, recycling facilities,
and other service areas shall be placed to the rear or side of buildings
in visually unobtrusive locations.
(2)
Screening and landscaping shall prevent direct views
of the loading areas and their driveways from adjacent properties
or from the public right-of-way. Screening and landscaping shall also
minimize spill-over glare, noise, or exhaust fumes. Screening and
buffering shall be achieved through walls, fences, and landscaping,
shall be a minimum of five feet tall, and shall be visually impervious.
Recesses in the building or depressed access ramps may be used.
(3)
Loading and unloading areas shall be of sufficient
size to accommodate the numbers and types of vehicles that use this
area, given the characteristics of the proposed development.
H.
General requirements for off-street loading.
(1)
Each loading space shall be at least 10 feet by 40
feet in area with a clear height of 14 feet six inches exclusive of
access and maneuvering space.
(2)
All loading spaces shall be in the side or rear yards
of a commercial or industrial property, and access to such spaces
should not be located closer than 100 feet of any street intersection.
(3)
Streets adjacent to a loading area shall not be used
for maneuvering. Maneuvering space shall be provided adjacent to the
loading area so that vehicles may change direction and exit as well
as enter the loading area moving in a forward direction.
(4)
Where a group of buildings in the same use on the
same property exist, one building may be designated to receive and
dispatch goods, provided the total applicable floor area in all buildings
on the property is aggregated in determining the total required loading
spaces.
(5)
Loading areas and adjacent maneuvering space shall
be surfaced with a maintained all-weather material placed over at
least six inches of well-compacted base course and shall be sloped
to assure positive drainage to a storm inlet or drainageway.
(6)
Space allocated for off-street loading, including
access to such space, shall not be utilized to meet required off-street
parking requirements.
(7)
No motor vehicle repair or service shall be permitted
in a loading area.
(8)
When the use of a property is expanded or changed,
the additional loading required to serve such expansion or change
shall be in accordance with the requirements of this section.
I.
Minimum off-street loading.
(1)
The following ratios apply to any wholesale or retail
commercial or manufacturing operation in which all or part of the
goods or services prepared or sold on the property originate elsewhere:
|
Total Square Feet of Gross Floor Area
|
Required Loading Spaces
| |
|---|---|---|
|
0 to 10,000
|
1
| |
|
Each additional 20,000 or fraction thereof
|
1
|
(2)
The following ratios apply to any service or office
function not dealing in products brought to or dispensed from the
same property:
|
Total Square Feet of Gross Floor Area
|
Required Loading Spaces
| |
|---|---|---|
|
0 to 20,000
|
1
| |
|
20,001 to 40,000
|
2
| |
|
Each additional 20,000 or fraction thereof
|
1
|
J.
Review and approval.
(1)
Any proposal for new parking areas required for new construction
or for expansion of existing structures or uses shall be submitted
to the Code Enforcement Officer concurrent with the execution of the
developers' agreement. A scaled plan of the property showing the location
of each parking and loading space, access aisles, maneuvering areas,
access from adjacent public streets, provisions for drainage, location
of all structures, and an indication of construction and materials
shall be provided as part of the application for a zoning/building
permit. If shared parking is requested, a parking study shall also
be submitted to the Code Enforcement Officer showing the feasibility
of said shared parking.
[Amended 2-12-2018 by Ord. No. 164]
(2)
The Code Enforcement Officer, in addition to satisfying
himself that adequate parking in compliance with this section is provided,
shall also determine that safe access to parking areas from public
highways is available before he shall make a recommendation whether
the development complies with all applicable ordinances and codes
pursuant to this article.
A.
The use of construction sheds or construction trailers
in connection with site development, or an area used for the temporary
storage of building materials and equipment necessary for construction
of a permanent use, are permitted by right in all districts, subject
to the following regulations and restrictions.
B.
Prior to moving a construction trailer to a construction
site, or erecting a construction shed, or storing construction materials
at a construction site, the property owner or his agent shall apply
for and obtain a temporary use permit from the Code Enforcement Officer.
Such permit shall automatically expire 30 days after completion of
construction, or upon cessation of construction for more than 60 days,
or one year after issuance, whichever first occurs. The Code Enforcement
Officer may grant up to three six-month extensions if the builder/developer
maintains active and continuous construction on the site or within
the subdivision.
C.
Site requirements. A construction trailer or construction
shed, or construction yard, shall be located on the parcel on which
construction is progressing and shall not be located within 25 feet
of any abutting residential lot. A construction yard may be sited
on a parcel adjacent to the construction site, provided that access
from the temporary construction yard to the construction site(s) does
not impact public streets or surrounding uses.
D.
Dwelling prohibited. A construction trailer or construction
shed shall be used only as temporary field offices and for storage
of incidental equipment and supplies and shall not be used as a temporary
dwelling.
E.
Commencement of use. A construction trailer or construction
shed, or a temporary construction yard, shall not be moved, erected,
or established on a construction site until the date on or after which
construction actually commences. If construction is interrupted and
ceases for more than 60 days, a construction trailer or construction
shed shall be removed until actual construction commences again.
F.
Fire hazards. No flammable materials, as defined in
the Township Fire Code, shall be stored in the construction trailer
or construction shed.
G.
Trailer/shed requirements.
(1)
All construction trailers and construction sheds shall
be located a minimum of 20 feet from any construction entrance. Two
or more construction trailers may be joined for passage from trailer
to trailer.
(2)
All construction trailers and construction sheds shall
contain solid floors, and doors with locks.
(3)
Every construction trailer and construction shed shall
be maintained in clean and orderly condition, with rubbish barrels
for waste materials.
H.
Completion of temporary use.
(1)
All temporary construction trailers and construction
sheds, and all materials on a temporary construction yard, shall be
removed within 30 days after completion of the construction project,
even if the temporary use permit is still valid.
(2)
Upon completion of the temporary use, the site shall
be cleaned, all evidence of the use(s) removed, and left in a condition
that minimizes adverse impacts to the site itself and to surrounding
properties.
A.
Compliance. No use, land or structure in any district
shall involve any element or cause any condition that may be dangerous,
injurious or noxious, or cause offensive odor, smoke, dust, dirt,
noise, vibration, glare, excessive traffic, attract vermin or rodents
or constitute a nuisance or be a detriment to the health, safety,
morals or general welfare of the community or to any other person
or property in the Township. All uses in all districts shall be subject
to the following standards of operation.
B.
Environmental performance standards. The developer
shall determine the presence of environmental or natural features
on any site proposed for land development and shall meet the following
standards for environmental protection. Site alterations, erosion
and sedimentation control, regrading, filling, the clearing of vegetation
or timbering and forestry activities without an appropriate and current
permit prior to approval of the plans for development shall be a violation
of this article.
(1)
Floodway delineation. One-hundred-year floodways shall
be delineated as per the provisions of the current Township ordinance.[1] Within the floodway, the following uses and activities
having a low flood damage potential and not obstructing flood flows
shall be permitted, provided that they are in compliance with the
provisions of the underlying district and are not prohibited by any
other ordinance, and do not require structures, fill or storage of
materials and equipment:
(2)
Floodplains. For the purpose of this section, normally
dry land area adjacent to stream channels that is susceptible to being
inundated by overbank stream flows. Development activities shall be
regulated as per the provisions of the current Township ordinance.[2]
(3)
Steep slopes. In areas of steep slopes, i.e., those
above 15%, the following standards shall apply, except as approved
by the Township Engineer:
(4)
Forest. No more than 50% of any forest as defined
may be cleared or developed, unless trees are the primary crop being
harvested.
(5)
Ponds, watercourses or wetlands. No development, filling,
piping or diverting shall be permitted except for required roads and
utility line extensions, unless permitted by the appropriate state,
county or regulatory agency.
(7)
Soil erosion and sedimentation. With any earth disturbance
there shall be control of erosion and the protection of streams and
ponds from sedimentation in accordance with the Clean Streams Law,
P.L. 1987,[4] Chapter 102 of Title 25 of the Pennsylvania Code, and
the "Soil Erosion and Sedimentation Control Manual" of the Pennsylvania
Department of Environmental Protection. In addition, a Soil Erosion
and Sediment Control Plan (SE & SC Plan) shall be required as
part of the application for any Township permit where earth disturbance
or excavation will occur. As a minimum, where sediment can be transported
away from the disturbed area, a silt fence or straw bale barrier shall
be erected and maintained in working order until vegetation is fully
established as determined by the Pennsylvania Department of Environmental
Protection, or erosion-resistant ground cover has been installed.
Additional sediment pollution control measures may be required where
land development is more extensive than single-family construction.
[4]
Editor's Note: See 35 P.S. § 691.1
et seq.
C.
Odor. Those standards for the control of odorous emissions
established by the Pennsylvania Department of Environmental Protection
(PADEP) shall be applied in all zoning districts. Where an odor is
deemed offensive, a duly authorized Township representative shall
refer the matter to the Pennsylvania Department of Environmental Protection
(PADEP) where it has jurisdiction relative to an established airshed.
D.
Storage and waste disposal.
(1)
No highly flammable, explosive or toxic liquids, solids
or gases shall be stored in bulk (over 500 gallons), above ground,
except in an enclosed building and except new tanks or drums of fuel
connected directly with energy devices or heating appliances located
and operated on the same lot as the tanks or drums of fuel.
(2)
All new permanent bulk outdoor storage facilities
for fuel over 500 gallons, raw materials and products and all fuel,
raw materials and products stored outdoors, shall be enclosed by an
approved safety fence.
(3)
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transported off the lot by
natural causes or forces; nor shall any substance which can contaminate
wells, watercourses, or potable water supplies otherwise render such
wells, watercourses, or potable water supplies undesirable as sources
of water supply or recreation; nor shall any substance which will
destroy aquatic life be allowed to enter any wells, watercourses,
or potable water supplies, where applicable. A Pennsylvania Department
of Environmental Protection approved plan for spill containment shall
be submitted to the Township for review by the Township Engineer prior
to the issuance of any required permit.
(4)
Any materials or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be stored outdoors only if
enclosed in containers adequate to eliminate such hazards.
E.
Air pollution. No emission at any point from any chimney
or otherwise of visible smoke in excess of that permitted by the air
pollution control regulations of the commonwealth agency with jurisdiction
shall be permitted.
F.
Dust, fumes, vapors, and gases. The emission of dust,
dirt, fly ash, fumes, vapors or gases which can cause any damage to
human health, to animals, to vegetation, or to property or which can
cause any soiling or staining of persons or property at any point
beyond the lot line of the use creating the emission is herewith prohibited.
G.
Glare. No use shall produce a strong, dazzling light
or a reflection of a strong, dazzling light or employ unshielded illumination
sources beyond its lot lines or onto any public road. Spillover lighting
from parking areas shall not exceed two footcandles per square foot
beyond the property line.
H.
Vibrations. No use shall cause earth vibrations, or
concussions detectable beyond its lot lines without the aid of instruments,
with the exception of vibration produced as a result of temporary
construction activity.
I.
Discharge. No discharge at any point into any private
sewage disposal system or stream or into the ground of any materials
in such a way or in such manner or temperature as can contaminate
any public or private water supply or otherwise cause the emission
of dangerous, noxious or objectionable elements, or the accumulation
of solid wastes conducive to the breeding of rodents or insects, is
permitted.
J.
Heat, cold, dampness or movement of air. No activities
producing heat, cold, dampness or movement of air are permitted which
shall produce any material effect on the temperature, motion or humidity
of the atmosphere at the lot line or beyond.
K.
Noise. No new use proposed in any district which,
by the nature of its use, operation or activity, produces noise of
objectionable character or volume as noted by a person at the property
line of the parcel upon which the offending use is located will be
permitted.
(1)
Residential uses.
(a)
In excess of 60 dba for any period of time between
the hours of 10:00 p.m. and 7:00 a.m.
(b)
In excess of 80 dba for any period of time between
the hours of 7:01 a.m. and 9:59 p.m.
(c)
The use of maintenance equipment, including,
but not limited to, power mowers, on a temporary basis, in residentially
zoned districts shall be exempt from the standards in this section.
(2)
Commercial uses. In excess of 90 dba for more than
two hours during a twenty-four-hour period.
(3)
Industrial uses. In excess of 90 dba for two hours
during a twenty-four-hour period.
L.
Electrical disturbance or radioactivity. No activities
which emit dangerous radioactivity or continuous cumulative low-level
radiation at any point are permitted, and no electrical disturbance
adversely affecting the operation at any point of any equipment other
than that of the creator of such disturbance shall be permitted.
M.
Maintenance of yards, adjacent undeveloped property.
The owner or lessee of the property, whether occupied or vacant, located
within or adjacent to any developed area shall maintain such premises
so that all portions of the property shall be kept free of junk, debris,
disabled motor vehicles and dangerous or noxious material.
N.
Vehicle and equipment maintenance.
(1)
In industrial and commercially zoned areas, all vehicles
and movable equipment repair done on the property shall be performed
within an enclosed building, except that minor maintenance activities
may be completed on the exterior of a lot where space has been provided
for the temporary parking or storage of vehicles and movable equipment.
(2)
In residentially zoned areas, minor vehicle maintenance
activities on vehicles owned by the occupant may be conducted in driveways,
but in no case shall repairs be made on vehicles and movable equipment
which would result in the storage of said vehicles or movable equipment
on the exterior of the lot for more than 48 hours, unless said vehicles
are stored in an enclosed building.
O.
Water supply. All new water wells which provide the
primary source of potable water for the residence of the same lot
shall produce at a minimum 3.5 gallons per minute, per well, continuously.
(1)
Said standard shall be applicable as per the provisions
of the Township's Well Head Protection Program.
(2)
Documentation shall be submitted to the Township which
verifies the capacity of each new well providing the primary source
of potable water.
(3)
No subdivision or land development which relies on
well water as the primary source of potable water shall be approved
unless the minimum capacity identified herein is met.
P.
Access. Residential subdivisions or land development with a maximum of 60 dwelling units proposed may be provided with only one primary point of access. When 61 or more units are proposed, there shall be provided a minimum of two points of direct access to the development from public rights-of-way via roads or streets designed and constructed as per the provisions of Article V, Design Standards and Required Improvements, of the Adams Township Subdivision and Land Development Ordinance.[5]
[Amended 7-23-2001 by Ord. No. 96]
Residential subdivisions and land developments
with multiple uses and/or structures may be developed in conformance
with the Pennsylvania Uniform Condominium Act[1] in the RAL, RAM, R-3M and R-5B Districts as per the following
provisions:
A.
Said development shall be approved as a land development.
B.
The maximum density established for each residential
zoning district shall not be exceeded.
C.
While individual lot or property lines are optional,
residential structures shall be located such that resubdivision may
occur in compliance with area and dimensional standards for lots in
the zoning district where the condominium development is located.
D.
All occupants of dwelling units in a condominium development
shall belong to an established condominium association.
E.
The main or collector street or roadway in such developments
shall be designed and built to Township specifications for public
streets or roadways.
F.
Condominium developments shall be served by public
water and sanitary sewerage systems.
G.
An annual maintenance schedule shall be filed with
the Township for maintenance of private streets, stormwater management
facilities, and open space.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
A.
The objective of a traffic study is to ascertain the
expected increase in traffic flow to be generated by a proposed development
and the expected distribution of those added flows through the affected
network. From these findings, the expected effect on the traffic handling
capabilities of the Township roads and intersections can be ascertained
and the timing and extent of required improvements determined.
B.
In similar fashion, the expected operating characteristics
of the proposed access points for the development can be ascertained.
To assure that no major traffic-generating developments are constructed
without benefit of a traffic study, such studies shall be conducted
as indicated.
C.
Study requirements.
(1)
Inventory.
(a)
The traffic study team shall examine the street
and highway network described in the current municipal development
plan and make a preliminary determination as to the streets and intersections
likely to be significantly affected by the proposed development. For
purposes of this finding, the expected addition of as many as 25 vehicles
per hour traveling in any direction along the affected street or approach
to an intersection during either the morning or evening peak hour
shall be deemed to be a significant effect. For these significantly
affected facilities, an inventory of pavement widths and conditions,
travel speeds, traffic flow composition, twenty-four-hour traffic
flows along the streets and a.m. and p.m. peak street traffic hour
period (two hours each) turning movement counts at the intersections
shall be obtained. The physical inventory data shall include locations
and lengths of restricted sight distances, restricted lateral clearances,
traffic and parking regulatory controls and pertinent observations
concerning traffic operating conditions. Traffic flow data shall be
adjusted to represent the expected flow on an average annual day through
application of appropriate PennDOT adjustment factors.
(b)
The most current available three-year history
of accidents as filed with the Police Department shall be obtained
for each affected intersection and collision diagrams presented.
(c)
Collision diagrams shall also be prepared for
any high-accident location (five or more per year) along the affected
road system which comes to the attention of the study team.
(2)
Traffic flow analyses.
(a)
For each study intersection, a level-of-service
capacity study, using the techniques for signalized or unsignalized
intersections as described in the current edition of the Transportation
Research Board's Highway Capacity Manual, shall be completed. For
these purposes, intersections shall be treated as if they are signalized
with an optimum timing plan.
(b)
Any section of the affected street system which
is carrying 400 or more vehicles per hour on a two-lane section shall
also be subjected to the appropriate capacity study.
(c)
The presentation of the findings of these studies
shall include findings on what improvements, if any, are indicated
as being needed under existing conditions. These findings shall include
an examination of the volume and accident warrants for signalization
in the Manual on Uniform Traffic Control Devices, as they may apply
to any of the unsignalized study intersections which have need for
immediate signalization.
(3)
Trip generation.
(a)
The expected number of trips to be generated
by the proposed development shall be estimated for the a.m. and p.m.
peak hours and for a twenty-four-hour period by use of the appropriate
trip generation factors in the current edition of Trip Generation,
published by the Institute of Transportation Engineers. The expected
numbers of vehicles to be generated to and from the site may be adjusted
downward by the estimated proportion of passersby in the existing
flow which will be intercepted by the new development. This adjustment
may be reasonable and, wherever possible, based on actual survey results.
The study team will be expected to justify its selection of adjustment
factors in subsequent reviews.
(b)
Similarly, for complex multi-use sites, the
number of off-site movements may be adjusted downward by estimating
the synergistic absorption of movements between different generators
on-site. Again, this adjustment must be reasonable and justifiable.
(4)
Trip distribution.
(a)
The expected distribution of the generated movements
throughout the defined study area shall be estimated for the a.m.
and p.m. peak hours and for a twenty-four-hour period. This distribution
shall be based on the study team's best available information as to
the likely movement directions to and from the site. The directional
distribution and magnitudes of existing traffic flows may be employed
for this purpose as well as origin and destination data for the area
which can be obtained by the Southwestern Pennsylvania Commission
(SPC).
(b)
The distributed flows shall be added to the
existing volumes and turning movements for the a.m. and p.m. peak
hour and for a twenty-four-hour period. These shall then be the estimated
flows which are expected to prevail upon completion of the development.
(5)
Staged development.
(a)
For projects which will take several years to
complete, a master development plan shall be presented, and specific
portions for which permits are sought shall be sufficiently detailed
to permit the study outlined in this section. The timetable for completion
of each section for which permits are sought shall be specified by
the applicant, and the study shall be prepared in phases in accordance
with that schedule.
(b)
The trips for the first section shall be added
to the existing flows for a current year estimate and the trips for
subsequent sections shall be added to the estimated volumes expected
on the road system for each appropriate year plus the generated trips
added for each prior section. It is to be noted that this procedure
covers only those sections for which permits are being sought and
does not constitute any obligation or assurance concerning future
sections of the development on the part of Adams Township or the developer.
(6)
Adjustment of study area. If the above studies shall
disclose that there are parts of the street system or intersection
approaches beyond those originally examined which will be affected
in either peak hour or to the extent of 25 or more added vehicles,
the study area shall be extended and necessary inventory data gathered
to incorporate them into the study process. Conversely, if any are
found to fall below that threshold, they may be dropped from further
consideration.
(7)
Impact analyses.
(a)
For each established study location, appropriate
level-of-service capacity studies shall be made to ascertain the expected
impact on the traffic flow. If the expected level of service is "D"
or less, appropriate corrective measures shall be identified and described.
If the prescribed corrective measures are already identified in a
Township study or plan, that fact shall be noted. If the expected
level of service has changed from "D" to "E" or "F" as a result of
the added traffic, that fact shall also be noted.
(b)
For each identified high-hazard location, and
for each study intersection with five or more accidents per year,
and studies shall be presented of the extent to which these may be
due to existing physical or control conditions and the extent to which
the added traffic may exacerbate the condition. Appropriate corrective
measures, along with their relationship to the minimum levels of service
established by Adams Township, shall be identified and described,
where applicable.
(c)
If the developer desires to volunteer to undertake
any of the identified corrective measures at his cost in the interest
of timely completion in respect to his project, they should be identified
in the impact report.
(8)
Site access.
(a)
The location and design details of all proposed
site access points shall be presented along with estimates of expected
peak hour entrance and exit flows and turning movements. Sight distances
along the access streets at the access points shall be stated, and
any proposed modifications or controls of the access street which
the developer proposed to build or install shall be described. An
analysis of the expected level of hazard which may exist at the access
points when in operation shall be presented.
(b)
In the case of multistage, multiyear projects,
the Master Plan shall identify the anticipated final access point
layout, but only those access points being provided to handle the
development traffic for those sections which permits are requested
need be subjected to this detailed analysis.
(9)
Study presentation. The completed traffic study shall
be incorporated into a report containing such text, tabulations and
graphic material as the developer deems necessary to describe the
study effort and the findings and recommendations. The professional
person(s) responsible for the content of the report shall be identified.
The report shall be submitted at the time applications for final approvals
are filed, and the study team shall be available to present and justify
the report at subsequent technical review meetings and formal hearings.
[Added 7-23-2001 by Ord. No. 96]
A.
Ancillary structures or mechanical equipment directly
related to the operation of a public utility as defined shall be reviewed
as uses by special exception in all zoning districts.
B.
Setbacks for all buildings shall be consistent with
setbacks for principal structures in the zoning district in which
it is located.
C.
No minimum lot area shall be required for the development
of a public utility facility.
[Added 3-27-2002 by Ord. No. 99]
A.
Where a previously approved multifamily residential
land development or condominium development is proposed for subdivision
or resubdivision, an administrative review shall be conducted by the
Township staff.
B.
Prior to the recording or rerecording of an approved
plat, the Township Planning Commission shall acknowledge the administrative
review and the current Chairman shall sign and date the plat proposed
for subdivision or resubdivision.
C.
Where lot lines are proposed through multifamily structures,
including but not limited to duplexes, triplexes, quadraplexes and
townhouses, dimensional requirements may be reduced for the purpose
of transfer of individual dwelling units.
D.
Minimum lot area and lot width requirements may be
reduced where no increase in density and no new multifamily structures
are proposed.
E.
Minimum side yard requirements may be reduced to zero.
F.
Minimum front and rear yard requirements may be reduced
to 50% of the standard for the zoning district where such subdivision
or resubdivision is proposed.
G.
An as-recorded plat shall be provided to the Township
staff for review prior to recording.
[Added 11-9-2009 by Ord. No. 135]
A.
Zoning requirements.
(1)
Applicability. This section and all subsections herein apply
to the installation and use of all outdoor fuel-burning boilers within
Adams Township.
(a)
This section does not apply to grilling or cooking using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
(b)
This section does not apply to burning in a stove, furnace,
fireplace or other heating device within a building used for human
or animal habitation.
(c)
This section does not apply to the use of propane, acetylene,
natural gas, gasoline or kerosene in a device intended for heating,
construction or maintenance activities.
(2)
Purpose and scope. Whereas, the Board of Supervisors has determined
that air pollution from outdoor fuel-burning boilers may be detrimental
to the health, comfort, living conditions, welfare and safety of the
citizens of Adams Township, it is hereby declared to be the policy
of Adams Township to safeguard the citizens of Adams Township from
such air pollution.
(3)
CLEAN WOOD
OUTDOOR FUEL-BURNING BOILER
OUTDOOR WOOD-FIRED BOILER
(a)
(b)
(c)
PERSON
PHASE 2 OUTDOOR WOOD-FIRED BOILER
STACK
Definitions. The following words, terms and phrases, when used
in all subsections of this section, unless the context clearly indicates
otherwise, shall have the following meanings ascribed to them:
Natural wood that has no paint, stains or other types of
coatings and natural wood that has not been treated with, including,
but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
A device, including any furnace, stove or boiler, designed
and constructed to burn oil, wood, coal or other fuels manufactured
for placement outdoors for the heating of the living area of a structure.
Also known as "outdoor wood-fired furnaces," "outdoor woodburning
appliances," or "outdoor hydronic heaters," "water stoves," etc. A
fuel-burning device:
Designed to burn clean wood or other approved solid fuels;
That the manufacturer specifies for outdoor installation or
for installation in structures not normally intended for habitation
by humans or domestic animals, including structures such as garages
and sheds; and
Which heats building space and/or water through the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a mixture of water and antifreeze.
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
An outdoor wood-fired boiler that has been certified or qualified
by the EPA as meeting a particulate matter emission limit of 0.32
pound per million Btu's output and is labeled accordingly. Phase 2
outdoor wood-fired boiler models will be identified with a white hang
tag.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace, especially that part of a structure
extending above a roof.
(4)
Regulations.
(a)
On or after the effective date of this section, only an outdoor
wood-fired boiler may be installed, used or operated in Adams Township
and only in accordance with the following provisions; all other types
of outdoor fuel-burning boilers are hereby expressly prohibited.
(b)
Zoning requirements for new outdoor wood-fired boilers.
[1]
No person shall install an outdoor wood-fired boiler
except in the following zoning districts: Rural Conservation, Industrial.
[a]
Minimum lot size. The minimum lot size for the
installation of an outdoor wood-fired boiler is five acres.
[2]
Particulate standard requirements for new outdoor
wood-fired boilers. No person shall install an outdoor wood-fired
boiler that is not a Phase 2 outdoor wood-fired boiler.
[3]
Setback requirements for new outdoor wood-fired
boilers. No person shall install an outdoor wood-fired boiler unless
it is installed at least 150 feet from the nearest property line.
[4]
Stack height requirements for new outdoor wood-fired
boilers. No person shall install an outdoor wood-fired boiler unless
it has a permanent attached stack with a minimum stack height of 20
feet above the ground that also extends at least two feet above the
highest peak of any residence located less than 500 feet from the
outdoor wood-fired boiler.
[6]
Prohibited fuels for wood-fired boilers. No person
shall burn any of the following items in an outdoor wood-fired boiler:
[a]
Any material not listed in Subsection A(4)(b)[5].
[b]
Treated or painted wood.
[c]
Furniture.
[d]
Garbage.
[e]
Tires.
[f]
Lawn clippings or yard waste.
[g]
Material containing plastic.
[h]
Material containing rubber.
[i]
Waste petroleum products.
[j]
Paints and paint thinners.
[k]
Chemicals.
[l]
Any hazardous waste.
[m]
Coal.
[n]
Glossy colored paper.
[o]
Construction and demolition debris.
[p]
Plywood.
[q]
Particleboard.
[r]
Salt water driftwood.
[s]
Manure.
[t]
Animal carcasses.
[u]
Asphalt products.
[7]
Prohibition of operation for new and existing outdoor
wood-fired boilers. No person shall use or operate a new or existing
outdoor wood-fired boiler between the dates of April 1 and November
1.
[8]
Regulatory requirements for new and existing outdoor
wood-fired boilers. No person shall use or operate a new wood-fired
boiler unless it complies with all existing state regulations, including:
B.
Regulations for existing (nonconforming) outdoor fuel-burning appliances.
(1)
All outdoor fuel-burning appliances in existence at the effective
date of the Ordinance (hereinafter "nonconforming outdoor fuel-burning
appliances") shall be operated and maintained in strict conformance
with the manufacturer's instructions and the regulations promulgated
hereunder. In the event of a conflict, the regulations promulgated
hereunder shall apply unless the manufacturer's instructions are stricter,
in which case the manufacturer's instructions shall apply.
(2)
All nonconforming outdoor fuel-burning appliances shall have
or must erect a stack which has a minimum termination height of 20
feet above the natural ground level upon which the appliance is located
or two feet above the highest adjacent structure's ridgeline within
a five-hundred-foot radius of the stack.
(3)
All nonconforming outdoor fuel-burning appliances in existence
at the effective date of this section shall have or must install a
"scrubber" or filter-type system attached to the appliance.
(4)
All nonconforming outdoor fuel-burning appliances in existence
at the effective date of this section shall have or must install a
fan or blower to increase the efficiency of the appliance.
(5)
Only natural wood, coal, heating oil, natural gas, kerosene
or wood specifically permitted by the manufacturer in writing may
be burned in nonconforming outdoor fuel-burning appliances. No person
shall burn any of the following items in an outdoor wood-fired boiler:
(a)
Treated or painted wood.
(b)
Furniture.
(c)
Garbage.
(d)
Tires.
(e)
Lawn clippings or yard waste.
(f)
Material containing plastic.
(g)
Material containing rubber.
(h)
Waste petroleum products.
(i)
Paints and paint thinners.
(j)
Chemicals.
(k)
Any hazardous waste.
(l)
Glossy colored paper.
(m)
Construction and demolition debris.
(n)
Plywood.
(o)
Particleboard.
(p)
Salt water driftwood.
(q)
Manure.
(r)
Animal carcasses.
(s)
Asphalt products.
(6)
No person shall use or operate a nonconforming outdoor fuel-burning
appliance between the dates of April 1 and November 1.
(7)
If an outdoor fuel-burning appliance is more than fifty-percent torn down, physically deteriorated or decayed, the appliance must be removed and/or replaced with a new unit, and the new unit must comply with all of the regulations listed in Subsection A of this section.
(8)
Ashes or waste cannot be accumulated in a large area on the
property. They may be dispersed on the property as long as no accumulation
can be seen. Any large accumulation of ashes or waste must be disposed
of weekly with the trash.
(9)
All storage of materials being burnt in the outdoor fuel-burning
appliance shall be neatly stacked and/or stored under cover and free
from insects (termites, ants, etc.) or any type of disease-carrying
rodents.
C.
Administration.
(1)
Enforcement.
(a)
The Adams Township Code Enforcement Officer shall have the power
and duty to administer and enforce the provisions of this section.
(b)
The Code Enforcement Officer may issue such orders as are necessary
to aid in the enforcement of the provisions of this section. These
orders shall include, but not be limited to, orders requiring persons
to cease unlawful use of outdoor fuel-burning appliances; orders to
take corrective action or to abate a public nuisance; or orders requiring
production of information. Such an order may be issued if the Code
Enforcement Officer finds that any person is in violation of any provision
of this section.
(c)
The Code Enforcement Officer may, in his or her order, require
compliance with this section.
(d)
An order issued under this section shall take effect upon notice,
unless a timely appeal is filed with the Zoning Hearing Board.
(e)
The authority of the Code Enforcement Officer to issue an order
under this section is in addition to any remedy or penalty that may
be imposed pursuant to this section. The failure to comply with any
such order is hereby declared to be a public nuisance.
(2)
Responsibility of owners and operators. Whenever the Code Enforcement Officer finds that illegal operation of an outdoor boiler is occurring in contravention of the requirements of Subsection A or B above, the Code Enforcement Officer may order the owner or operator to take corrective action in a manner satisfactory to the Code Enforcement Officer, or the Code Enforcement Officer may order the owner or operator to allow access to the land by the Code Enforcement Officer or a third party to take such action.
(3)
Criminal penalties. Any person who violates any provision of
this section or any order Adams Township issued pursuant to this section
commits a summary offense and shall, upon conviction, be sentenced
to pay a fine of not less than $250 nor more than $1,000 for each
separate offense, plus costs of prosecution (including attorney's
fees) and, in default of the payment of such fine, may be sentenced
to imprisonment for 90 days for each separate offense. Employees of
Adams Township authorized to conduct inspections or investigations
are hereby declared to be law enforcement officers authorized to issue
or file citations for summary violations under this section, and the
Township Solicitor is hereby authorized to prosecute these offenses.
For purposes of this section, a summary offense may be prosecuted
before any District Justice in Adams Township. Each day, or portion
thereof, in which a violation is found to exist shall constitute a
separate offense.
(4)
Unlawful conduct. It shall be unlawful to fail to comply with
or to cause or assist in the violation of any of the provisions of
this section or to fail to comply with any order or other requirement
of the Code Enforcement Officer; to cause a public nuisance; or to
hinder, obstruct, prevent or interfere with the Code Enforcement Officer
or its personnel in their performance of any duty hereunder, including
denying the Code Enforcement Officer access to the source or facility.
(5)
Public nuisances. A violation of this section or of any order
issued by Adams Township under this section shall constitute a public
nuisance. Adams Township shall have the authority to order any person
causing a public nuisance to abate the public nuisance. In addition,
when abating a public nuisance, Adams Township may recover the expenses
of abatement. Whenever the nuisance is maintained or continued contrary
to this section or any order issued pursuant to this section, the
nuisance may be abatable in the manner provided by this section. Any
person who causes the public nuisance shall be liable for the cost
of abatement in the manner provided for by law.
[Added 2-28-2011 by Ord. No. 141]
A.
There shall be no surface operation related to the removal of natural gas, oil, coal or other minerals or vegetative cover except as permitted by those commonwealth statutes identified in the Pennsylvania Municipalities Planning Code, Article VI, Zoning, Section 603.[1]
[1]
Editor's Note: See 53 P.S. § 10603.
B.
Submission of operational data for conditional use approval in the
RC and RAL Zoning Districts. The operations plan shall include but
need not be limited to:
(1)
Ownership and acreage of the land proposed for use with leased
areas identified.
(2)
Type of resources to be extracted or mined.
(3)
Estimated depth of the proposed drilling or mining operation.
(4)
Location map at a scale of one inch equals 800 feet which shall
show:
(a)
The land area to be excavated, drilled or mined with dimensions,
and dimensions of leased areas, in addition to property boundaries
of the location of the surface operation.
(b)
Private access roads and abutting public streets and roads.
(c)
Abutting and/or adjacent zoning districts and land uses.
(d)
Existing watercourses and proposed alterations or use of surface
water to assure stream quantity and quality.
(e)
Fencing and buffer planting. If fencing is to be vegetation,
give details of the size and type.
(f)
Title, scale, North arrow and date.
(g)
Ownership of subject property.
C.
The applicant shall comply with all applicable state and federal
regulations and shall show evidence of obtaining the required state
or federal permits, including proof of insurability, before initiating
any work and of maintaining the required permits throughout the duration
of all operations. Any suspension or revocation of the required state
or federal permits shall constitute a violation of zoning approval
and shall result in the suspension or revocation of zoning approval
and/or enforcement of the penalty provisions of this chapter.
D.
The applicant shall show the proposed routes of all trucks to be
utilized for hauling and the estimated weights of those trucks. The
applicant shall comply with designated weight limits on Township roads
and shall design the hauling routes for the natural gas, oil, coal
or other mineral extraction operation to minimize the impact on local
roads within the Township. In the furtherance thereof, applicants
shall comply with Ordinance No. 137, as amended.
E.
The operator shall post a bond in favor of the Township and in a
form acceptable to the Township Solicitor prior to the beginning operations
in the amount of $12,500 for each mile of Township road or portion
thereof proposed to be traversed for the surface operation or the
removal of minerals from the site. The term of the bond shall begin
on the date the zoning permit is issued. The bond shall be returned
to the operator upon completion of all operations, any backfilling
and any reconstruction of a damaged roadway due to excess weight in
excess of the posted weight for the road or for continued use during
the surface operation. Any failure to complete the reconstruction
required by this section shall result in forfeiture of the required
bond. Those portions of the Township roads which have been damaged
shall be determined by inspection of the Township Engineer and shall
be reconstructed to current Township specifications for street construction.
In the furtherance thereof, applicants shall comply with Ordinance
No. 137, as amended.
