A.
Fences and walls. Except as hereinafter provided, no fence or wall
(except required junkyard or tennis court walls or fences and a retainer
wall of a building permitted under the terms of this chapter) shall
be erected to a height of more than three feet in a front yard and
more than six feet in any other yard within an agricultural, open
space or residential zone. A fence in the Agricultural Zone or in
the Rural Residential Zone erected for the purpose of containing livestock
may be erected to a height of five feet in a front yard, provided
that the fence complies with all other sections of this chapter dealing
with setbacks for agricultural fences and clear sight triangles. Within
any industrial, commercial or quarry zone, no fence or wall shall
be erected to a height of more than 10 feet in any yard. No fence
shall block motorists' view of vehicles entering or exiting the property.
In cases of double frontage lots in any zone, a fence of up to six
feet high may be erected in a front yard on the nonaddress street,
provided that the fence is set back 10 feet from the right-of-way.
[Amended 9-12-1996 by Ord. No. 96-18; 6-28-2001 by Ord. No. 01-03]
B.
Swimming pools. No permanent structure shall be permitted without
an operable filtration system utilizing chlorine, bromine or some
other antibacterial agent. All swimming pools shall be completely
enclosed by a four-foot-high fence or wall with a self-closing gate.
This does not apply to aboveground pools having a wall measuring four
feet in height and having a retractable ladder. Such fence or wall
shall be erected before any pool is filled with water. All pools must
be set back 10 feet from all lot lines, measured from either the wall
of the pool or any associated decking or concrete aprons. No water
from a pool shall be discharged onto any public street or alley.
[Amended 6-28-2001 by Ord. No. 01-03]
C.
Tennis courts. All tennis courts shall include an open mesh permanent
fence 10 feet in height behind each baseline. Such fence shall extend
parallel to said baseline at least 10 feet beyond the court's playing
surface, unless the entire court is enclosed. Any lighting fixtures
shall be arranged to prevent objectionable glare on adjoining property.
D.
Satellite dish antennas. Satellite dish antennas are subject to all
accessory use standards. Furthermore, no satellite dish antenna located
within the agricultural, open space or residential zones shall be
used to transmit video format data. All ground-mounted satellite dish
antennas located within the industrial, commercial or quarry zones
that are used to transmit video format data shall be completely enclosed
by an eight-foot-high non-climbable fence that includes signage warning
of dangerous radiation levels. Any gates within the fence shall be
locked when unattended. Satellite dish antennas within the industrial,
commercial or quarry zones shall comply with all principal use standards.
Any satellite dish antennas shall be set back a distance at least
equal to its overall height above the ground.
E.
Alternative energy sources. Wind energy convertion systems (WECS)
shall not be permitted in the front yard area of any property. Height
regulations do not apply to WECS units, provided that the height of
the WECS unit shall not be greater than the shortest distance measured
along a horizontal plane from the unit to any lot line. WECS units
may be placed on the roof of any structure, provided that the perimeter
of the unit does not cover 25% of the roof area of the structure on
which the WECS unit is placed. The additional height extension shall
be so positioned that the height of the WECS unit above the roof is
less than the distance measured along a horizontal plane from such
unit to any lot line. All transmission lines to and from any freestanding
WECS unit or any supporting building or structure shall be buried
underground. Solar energy units shall be permitted in any zone, subject
to the requirements of that zone.
A.
Recreational vehicles, boats, campers, trailers and trucks. In any
residential zones, no boats, campers, recreational vehicles, trailers
and/or trucks with more than two axles, except personal pickup trucks,
shall be stored or parked within any front yard.
B.
Outdoor stockpiling. In all zones, no outdoor stockpiling of any
material or outdoor storage of trash is permitted in the front yard.
In any residential zone, the outdoor ststockpilingf materials, except
firewood, for more than one year is prohibited.
A.
Only one driveway connection per lot frontage is permitted; no more
than two driveway connections per lot shall be permitted.
B.
Driveways shall not connected with a public street within 40 feet
of the right-of-way lines of any intersecting streets nor within five
feet of a fire hydrant.
C.
Driveways shall be located and constructed so that a clear sight
triangle of 75 feet, as measured along the street center line, and
five feet along the driveway center line is maintained; no permanent
obstructions over three feet high are permitted within this area.
E.
Driveway access shall be provided to the street of lesser classification
when there is more than one street classification involved. The Township
Comprehensive Plan shall be referred to for designation of street
classifications.
F.
No driveway shall provide a curb cut exceeding 25 feet in width.
G.
Any construction or improvements affecting vehicular access to a
property may require curbing to be installed along the affected street
frontage.
H.
All driveways shall be set back at least two feet from any side lot
lines.
I.
All driveways shall be paved at least 75 feet from the street right-of-way
line.
[Amended 3-24-1988 by Ord. No. 88-02; 8-24-1989 by Ord. No. 89-09; 3-14-1996 by Ord. No. 96-08]
Access drives shall conform to the specifications set forth in the West Manchester Township Access Drive Ordinance, Ordinance No. 96-01, Chapter 42 of the Code of the Township of West Manchester.
All exterior lighting shall be arranged and shielded to prevent
objectionable illumination or glare upon adjoining properties and/or
public rights-of-way.
Demolition of any structure must be completed within three months
of the issuance of a permit. "Completion" consists of tearing the
structure down to grade, filling any resulting cavity to grade and
removing all resulting materials from the lot. A structure may be
partly demolished only if a building remains and the demolition of
the part is complete as aforesaid. All evidence of the part which
was demolished must be removed from the exterior surfaces of the remaining
building.
[Amended 12-8-1994 by Ord. No. 94-13]
All dwelling units must conform to the minimum habitable floor
area following:
B.
Drainage upon adjoining properties; slopes.
(1)
In order to protect adjoining property owners and to aid in
preserving and protecting the natural beauty and character of the
landscape, no change in the existing topography of any land may be
made which would:
(2)
Any alteration of a site's drainage will be the responsibility
of the property owner.
(3)
In no case may any slope exceed the normal angle of slippage
of the material involved. All slopes must be protected against erosion.
C.
Obstruction to drainage prohibited. Damming, filling or otherwise
interfering with the natural flow of a surface watercourse is not
permitted without approval of the Township Supervisors.
All land uses must comply with the West Manchester Township
Floodplain Management Ordinance.[1]
A.
Front setback or buildings on built-up streets. Where at least two
adjacent buildings within 100 feet of a property are set back lesser
distances than required, the average of the lesser distance becomes
the required minimum front setback for the property. However, in no
case shall the setback line be less than 25 feet from any abutting
street right-of-way line.
B.
Accessory or appurtenant structures. The setback regulations do not
apply to the following unless otherwise indicated:
[Amended 6-28-2001 by Ord. No. 01-03]
[Amended 12-12-1991 by Ord. No. 91-14; 4-9-1998 by Ord. No. 98-06]
A.
The height regulations do not apply to the following structures or
projections, provided that such structures or projections are set
back a horizontal distance at least equal to their height from any
property line:
(1)
Water towers, personal use antennas, utility poles, smokestacks,
chimneys, farm silos, windmills, flagpoles or other similar structures.
(2)
Rooftop structures for the housing of elevators, stairways,
water storage tanks, ventilating fans and other mechanical appurtenances,
if such structures do not cover more than 25% of the roof on which
they are located.
(3)
Parapet walls or cornices used solely for ornamental purposes,
if not in excess of five feet above the roof line.
B.
In no case shall any freestanding or rooftop structure above the
maximum permitted height be used for the purpose of providing additional
floor space for residential, commercial or industrial purposes.
If the construction is completed by one year after the effective
date of this chapter, a building, the foundation of which was completed
before the effective date, may be constructed without being bound
by the requirements of this chapter. In like manner, a building, the
foundation of which was completed before an amendment, may be constructed
if the construction is completed within one year after the amendment.
No lot may be formed from part of a lot occupied by a building
unless each newly created lot will meet all the applicable provisions
of this chapter.
A.
From the time an application for approval of a subdivision or land
development plan, whether preliminary or final, is duly filed as provided
in the Subdivision and Land Development Ordinance,[1] and while such application is pending approval or disapproval,
no enactment or amendment of this chapter shall affect the decision
on such application adversely to the applicant, and the applicant
shall be entitled to a decision in accordance with the provisions
of this chapter as it stood at the time the application was duly filed.
In addition, when a preliminary application has been duly approved,
the applicant shall be entitled to final approval in accordance with
the terms of the approved preliminary application as hereinafter provided.
However, if an application is properly and finally denied, any subsequent
application shall be subject to the intervening change in this chapter.
B.
When a preliminary or final subdivision or land development plan
has been approved or approved subject to conditions acceptable to
the applicant, no subsequent enactment or amendment in this chapter
or plan shall be applied to affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval. Where final approval is preceded by preliminary approval,
the five-year period shall be counted from the date of preliminary
approval.
On a lot held in single and separate ownership on the effective
date of the chapter or any amendment thereto, which does not fulfill
the regulations for the minimum lot area and/or lot width for the
zone in which it is located, a building may be erected, altered and
used and the lot may be used for a conforming (permitted) use, provided
that the setback requirements are not less than the minimum specified
herein for the zone in which the lot is located.
[Added 4-9-1998 by Ord. No. 98-06]
A.
A building-mounted communications antenna shall not be located on
any single-family detached dwelling or duplex dwelling or any accessory
structure associated therewith.
B.
An omnidirectional or whip communications antenna shall not exceed
a maximum height of 10 feet above the existing structure and seven
inches in diameter.
C.
A directional or panel communications antenna shall not exceed a
height of 10 feet above the existing structure and three inches in
diameter.
D.
Any applicant proposing a communications antenna to be mounted on
a building or other structure shall submit evidence from a Pennsylvania
registered professional engineer certifying that the proposed installation
will not exceed the structural capacity of the building or other structure,
considering wind and other loads associated with the antenna location.
E.
Any applicant proposing a communications antenna to be mounted on
a building or other structure shall submit detailed construction and
elevation drawings indicating how the antennas will be mounted on
the structure for review by the Zoning Officer for compliance with
the Township's ordinances and regulations. The applicant shall also
submit detailed drawings showing the coverage area for the communications
antenna.
F.
Any applicant proposing a communications antenna to be mounted on
a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antenna is to be mounted so that installation and maintenance
of the antenna and communications equipment building can be accomplished.
G.
A communications antenna shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
H.
A communications antenna shall not cause radio frequency interference
with other communications facilities located in the Township.
I.
A communications equipment building shall be subject to the height
and setback requirements of the applicable zoning district for an
accessory structure.
J.
The owner or operator of a communications antenna shall be licensed
by the Federal Communications Commission to operate such antennas.
