The regulations contained within this article shall apply to
all uses (unless noted otherwise) within the Township.
A.
Fences and walls. No fence or wall (except livestock, required junkyard
or tennis court walls or fences, or 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 eight feet in
any yard (other than the front) where the area between six feet and
eight feet is at least 50% open within the C, A, R, RE, R-1, R-2 and
R-3 Zones. Within any C-1, C-2, C-3, O, I-1, I-2, and Q Zones, no
fence or wall shall be erected to a height of more than 10 feet in
any yard. No fence shall block motorist view of vehicles entering
or exiting the property;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 minimum four-foot-high fence or wall with a self-closing
and lockable gate; however, this does not apply to aboveground pools
having a wall measuring four feet in height and having a retractable
ladder. Inflatable pools having a depth between 1 1/2 and four
feet shall be completely enclosed by a minimum four-foot-high fence
with a self-closing and lockable gate and retractable ladder. Such
fence or wall shall be erected before any pool is filled with water.
All pools must be set back at least 10 feet from all lot lines. No
water from a pool shall be discharged onto any public street or alley.
These requirements shall not apply to man-made ponds, lakes or other
impoundments, unless the primary purpose for their construction is
swimming;
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, any satellite dish antenna located
within the C, A, R, RE, R-1, R-2 and R-3 Zones shall be used only
to receive signals, not transmit them. All ground-mounted satellite
dish antennas located within the C-1, C-2, C-3, O, I-1, I-2, and Q
Zones that are used to transmit video format data shall be completely
enclosed by an eight-foot-high nonclimbable fence that includes signage
warning of dangerous radiation levels. Any gates within the fence
shall be locked when unattended. Satellite dish antennas within the
C-1, C-2, C-3, O, I-1, I-2 and Q Zones shall comply with all principal
use standards;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Alternative energy sources. Except for those contained on farms,
wind energy conversion 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 and subject to the requirements
of that zone;
F.
Garage/yard sales. Within any zone, an owner and/or occupant may
conduct up to two garage/yard sales per year. No garage or yard sale
shall be conducted for a period longer than three consecutive days.
Such sales may offer for sale personal possessions; no import or stocking
of inventory shall be permitted. Only two six-square-foot signs shall
be permitted for advertising the garage/yard sale. Such signs shall
be permitted no more than two days prior to the sale and shall be
removed promptly upon the completion of the sale. Any of the permitted
two signs located off the site upon which the garage/yard sale is
conducted shall be erected only with permission of the property owner
upon which such sign(s) is to be placed. In no case shall any aspect
of the garage/yard sale be conducted in a street right-of-way, except
that parking may occur where permitted. The conduct of garage sales
beyond the extent described herein represents a commercial business
and requires appropriate zoning authorization; and
G.
Accessory repair of personal motor vehicles. The routine maintenance,
repair and servicing of personal motor vehicles, when performed outside
of a completely enclosed building within any residential zone, is
permitted by an occupant of the residence, but only in compliance
with the following:
(1)
All vehicles shall be maintained with proper licensure;
(2)
No work shall be performed on a commercial basis; that is, no work
shall be performed in exchange for financial considerations;
(3)
All by-product or waste fuels, lubricants, chemicals and other products
shall be properly disposed of;
(4)
All such activities shall be conducted during daylight hours and/or
without disturbing neighboring residents owing to noise; and
(5)
All existing repair, maintenance and servicing activities shall be
completed within two weeks. Any work rendering a motor vehicle inoperable
for a period exceeding two weeks shall be performed within an enclosed
structure and in accordance with the above standards.
H.
Ornamental ponds and wading pools:
(1)
Such structures shall comply with all accessory use setbacks, except
that they may be permitted in the front yard;
(2)
No such impoundment shall contain more than 26.6 cubic feet of water (200 gallons). All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as "man-made lakes, dams and impoundments" and are subject to the criteria listed in Subsection I of this section;
(3)
No such impoundment shall have a length or diameter exceeding 15
feet nor a maximum depth exceeding 1 1/2 feet;
(4)
All such ponds or pools shall be maintained so as to not pose a nuisance
by reason of odor or the harboring of insects;
(5)
No such pond(s) shall be used for the commercial hatching of fish
or other species; and
(6)
A zoning permit must be obtained from the Township.
I.
Man-made lakes, dams and impoundments. All dams, ponds, lakes and
impoundments may be permitted in any zone, subject to the following:
(1)
All dams, ponds, lakes and impoundments located along and connected
to a stream that involve any of the following shall require the obtainment
of a permit from the Pennsylvania Department of Environmental Protection
Bureau of Waterways Engineering and Wetlands or a letter indicating
that the proposed use does not require a PADEP permit:
(2)
All dams, ponds and impoundments not contiguous to a stream that
have an intake, outlet, or both, and/or have an embankment within
50 feet of a stream shall require the obtainment of a permit from
the PADEP Bureau of Waterways Engineering and Wetlands;
(3)
All dams, ponds and impoundments meeting the requirements of Subsection I(2) of this section shall be located 40 feet from all adjoining lot lines, as measured from the closest point of the adjoining property line to the maximum anticipated water surface elevation. Furthermore, all dams, ponds and impoundments, including stormwater management basins, shall be located a minimum of 50 feet from any subsurface sewage disposal system or well;
(4)
All other dams, ponds and impoundments require the submission of
a statement by a qualified engineer that the proposed use is properly
constructed and will not pose a threat to the public safety nor the
environment during normal flow conditions and those associated with
the base flood. All dams shall be constructed to a height of one foot
above the water surface elevation occurring during the base flood;
(5)
Requirements for fencing. All ponds constructed within areas subject
to livestock shall be enclosed by fencing that prevents livestock
from trampling the pond's shores and polluting the waters; and
(6)
Maintenance. All ponds shall be regularly maintained and floating
debris shall be removed from all pipes and spillways. All ground cover
shall be trimmed. Weeds, brush and trees shall not be permitted to
grow on the dam or spillway.
J.
Co-location of communications antennas. The co-location of communications
antennas as a use by right, provided the Zoning Officer determines
the proposed placement will not substantially change or impair the
integrity of the structure upon which the antenna is proposed.
[Amended 9-24-2014 by Ord. No. 5-2014]
K.
Outdoor wood-fired boilers or furnaces. Outdoor wood-fired boilers
or furnaces are permitted as accessory uses, subject to the following
conditions and requirements:
(1)
Obtaining both a zoning permit and a building permit, regardless
of the cost of the outdoor wood-fired boiler or furnace, in accordance
with the provisions of the Uniform Construction Code, Building, Residential,
Fire and Wildland Urban Interface Codes.
(2)
Only clean dry wood or processed wood pellets shall be burned in
an outdoor wood-fired boiler or furnace. No pressure-treated wood,
painted wood, particle board or waste shall be burned.
(3)
An outdoor wood-fired boiler or furnace is permitted as accessory
use in any zoning district.
(4)
An outdoor wood-fired boiler shall be set back at least 100 feet
from the front lot line, but no closer than the front line of any
principal structure or dwelling, and at least 100 feet from the side
and rear lot lines.
(5)
An outdoor wood-fired boiler or furnace shall be equipped with a
properly functioning spark arrestor.
(6)
An outdoor wood-fired boiler or furnace shall not be used as a waste
incinerator.
(7)
The use of lighter fluid, gasoline or other similar substances in
an outdoor wood-fired boiler or furnace is prohibited.
(8)
Installation, use and operation of an outdoor wood-fired boiler or
furnace shall comply with all applicable federal, state, county and
Township laws, codes, regulations, ordinances and guidelines, as well
as the manufacturer's specifications.
(9)
The location of the chimney of an outdoor wood-fired boiler or furnace
shall be in accordance with applicable electric utility safety requirements.
(10)
The height of a chimney of an outdoor wood-fired boiler or furnace
shall be in accordance with the manufacturer's specifications.
(11)
The use or operation of an outdoor wood-fired boiler or furnace
shall not cause a nuisance.
A.
Recreational vehicles, boats, campers, trailers and trucks. Within
any residential zone, or upon any property used principally for residential
purposes, the storage of recreational vehicles, travel trailers, trucks,
boats, and trailers used solely for the transport of the residents'
recreational vehicle(s) is permitted only according to the following
requirements:
(1)
For purposes of this section, recreational vehicles, travel trailers,
boats (including trailers), and other trailers used solely for the
transport of the residents' recreational vehicle(s) are divided into
two separate categories, as follows:
(a)
Class I vehicles. Those recreational vehicles, travel trailers,
boats (including trailers), and other trailers used solely for the
transport of the residents' recreational vehicle(s) that possess no
more than 200 square feet, as measured to the vehicle's outermost
edges, nor exceed a height of 10 feet, as measured from the ground
to the highest point of the main body of the vehicle. Vehicle height
shall not be measured on vehicle accessories (e.g., air conditioners,
vents, hatches, masts, antennas, outrigging fishing poles, etc.),
but will be measured to the highest point of any flybridge or other
boat console; and
(b)
Class II vehicles. Those recreational vehicles, travel trailers,
boats (including trailers), and other trailers used solely for the
transport of the residents' recreational vehicle(s) that possess more
than 200 square feet, as measured to the vehicle's outermost edges,
and/or exceed a height of 10 feet, as measured from the ground to
the highest point of the main body of the vehicle. Vehicle height
shall not be measured on vehicle accessories (e.g., air conditioners,
vents, hatches, antennas, masts, outrigging fishing poles, etc.),
but will be measured to the highest point of any flybridge or other
boat console.
(2)
The temporary parking of one Class I or Class II vehicle for periods
not to exceed 72 hours during any seven-day period is permitted on
a paved or gravel surface in any yard, so long as the vehicle is set
back no less than 10 feet from any street right-of-way and five feet
from adjoining property lines;
(3)
The storage of one Class I vehicle shall be permitted per lot behind
the building setback line, so long as the unit is set back no less
than five feet from any adjoining lot line. All areas used for the
storage of Class I vehicles shall be maintained so as to keep vegetation
properly trimmed and debris or litter disposed of regularly. All vehicles
shall maintain required licensure and prevent the leakage of fuels
and/or lubricants into the ground;
(4)
Except as permitted in Subsection A(2), and as follows, the parking or storage of any Class II vehicle is expressly prohibited in any residential zone or on any property used principally for residential purposes. The storage of one Class II vehicle on a residentially zoned parcel or a parcel used for a principal residence is permitted, subject to the following requirements:
(a)
In no case shall the vehicle contain more than 320 square feet,
as measured to the vehicle's outermost edges, nor exceed a height
of 13 feet, as measured from the ground to the highest point of the
vehicle's main body. Vehicle height shall not be measured on vehicle
accessories (e.g., air conditioners, vents, hatches, antennas, masts,
outrigging fishing poles, etc.), but will be measured to the highest
point of any flybridge or other boat console;
(b)
All vehicles shall be set back a horizontal distance equal to
the height of the vehicle or the zone's principal use setbacks, whichever
is greater;
(c)
No vehicle shall be stored in front of the building setback
line. On vacant lots, the vehicle must be stored behind the required
front yard setback line, as specified for principal uses;
(d)
Screening, as defined herein, shall be provided for any adjoining
side and rear lot lines. Such screening shall not extend into the
required front yard. Screening shall not be required along a common
side lot line when the owner resides on one lot and stores the vehicle
on an adjacent vacant lot that he/she owns. One ten-foot-wide break
in required screening may be provided along one rear or side lot line
for vehicular access onto an adjoining alley; and
(e)
All areas used for the storage of Class II vehicles shall be
maintained so as to keep vegetation properly trimmed and debris or
litter disposed of regularly. All vehicles shall maintain required
licensure and prevent the leakage of fuels and/or lubricants into
the ground.
(5)
The storage or parking of any commercial truck upon any lot used
principally for residential purposes containing less than one acre
is prohibited. In addition, the parking or storage of any trailer
other than those accessory to a principal residential use is expressly
prohibited; and
(6)
For residential lots containing one or more acres, the parking and
storage of one commercial truck that is owned and/or operated by a
resident of the site is permitted, subject to the following:
(a)
The temporary parking of one commercial truck for periods not
to exceed 72 hours during any seven-day period is permitted on a paved
or gravel surface in any yard, so long as the vehicle is set back
no less than 10 feet from any street right-of-way and five feet from
adjoining property lines;
(b)
All vehicles stored on site shall be set back a horizontal distance
equal to the height of the vehicle or the zone's principal use setbacks,
whichever is greater;
(c)
No vehicle shall be stored in front of the building setback
line. On vacant lots, the vehicle must be stored behind the required
front yard setback line, as specified for principal uses;
(d)
Screening, as defined herein, shall be provided for any adjoining
side and rear lot lines. Such screening shall not extend into the
required front yard. Screening shall not be required along a common
side lot line when the owner resides on one lot and stores the vehicle
on an adjacent vacant lot that he/she owns. One ten-foot-wide break
in required screening may be provided along one rear or side lot line
for vehicular access onto an adjoining alley;
(e)
All areas used for the storage of commercial trucks shall be
maintained so as to keep vegetation properly trimmed and debris or
litter disposed of regularly. All vehicles shall maintain required
licensure and prevent the leakage of fuels and/or lubricants into
the ground; and
(f)
In addition, the parking or storage of any commercial semitractor-trailer,
other than those accessory to a principal residential use, is expressly
prohibited.
(7)
In C-1 and C-2 Zones, commercial trucks may park only in areas designated
for such vehicles. Commercial trucks or any part thereof may only
be parked at a loading dock for the purpose of unloading for a maximum
of 12 hours and may not idle from 10:00 p.m. to 6:00 a.m.
(8)
In public parking areas, no vehicle shall be parked for more than
24 consecutive hours.
B.
Outdoor stockpiling. In all zones, no outdoor stockpiling of any
material is permitted in the front yard. In any residential zone,
the outdoor stockpiling of materials (except firewood) for more than
one year is prohibited;
D.
Dumpsters. All trash dumpsters shall be located within a side or
rear yard, screened from adjoining roads and properties, and completely
enclosed within a sight-tight masonry or fenced enclosure equipped
with a self-latching door or gate;
E.
Domestic composts. The placement of framed enclosure composts as
an accessory residential use is permitted, subject to all accessory
use setbacks. Only waste materials from the residential site shall
be deposited within the compost, and in no case shall meat or meat
by-products be composted. All composts shall be properly maintained
so as not to become a nuisance to nearby properties; and
F.
Parking and storage of unlicensed or uninspected motor vehicles.
Motor vehicles without current valid license plates or current valid
inspection stickers shall not be parked or stored in any zone other
than in a completely enclosed building. The requirements of this section
shall not be applicable to farm implements and other farm vehicles
not normally used as a means of conveyance on public highways. Nothing
contained herein shall be deemed to authorize the parking or storage
of any motor vehicle in any zone, unless such motor vehicle is an
accessory use to the present use of the lot. Notwithstanding the foregoing,
this section, in and of itself, shall not be interpreted to prevent
the unenclosed storage of motor vehicles without current valid license
plates and current valid inspection stickers, if such storage is performed
in conjunction with the legal operation of a motor vehicle sales establishment,
a motor vehicle service or repair establishment, or a junkyard.
G.
Vehicle storage as an accessory use to automobile sales. Vehicle
storage shall be permitted as an accessory use to automobile sales
in the Highway Commercial Zone (C-3), Light Industrial Zone (I-1)
and General Industrial Zone (I-2), subject to the following criteria:
(1)
For every one parking space reserved for combined customer parking,
employee parking and vehicle display, four additional spaces may be
used for vehicle storage.
(2)
The minimum size for a vehicle storage space shall be 18 feet in
length and nine feet in width.
(3)
Interior landscaping and interior driveways and aisles are not required.
(5)
Vehicle storage lots shall not have direct access onto an arterial
street.
A.
Front setback of buildings on built-up streets. Where at least two
adjacent buildings within 100 feet of a property are set back a lesser
distance than required, the average of the lesser distances becomes
the required minimum front setback for the property. However, in no
case shall the setback line be less than 20 feet from any abutting
street right-of-way line.
B.
Accessory or appurtenant structures. The setback regulations do not
apply to:
(1)
Bus shelters; telephone booths; and cornices, eaves, chimneys, steps,
canopies, and similar extensions, but do apply to porches and patios
whether covered or not;
(2)
Open fire escapes;
(3)
Minor public utility structures, articles of ornamentation or decoration,
mailboxes; and
(4)
Fences, hedges and retaining walls.
C.
Mandatory setbacks from the Carlisle Pike. Properties fronting the
Carlisle Pike shall be required to comply with the following setbacks,
regardless of front yard setbacks listed elsewhere.
|
Use
|
Required Setback from Carlisle Pike Right-of-Way
(feet)
|
|---|---|
|
Principal and accessory buildings
|
50 minimum
|
|
Off-street loading areas1
|
50 minimum
|
|
Outdoor storage areas1
|
50 minimum
|
|
Outdoor sales display areas
|
20 minimum, where permitted in underlying zone
|
|
Waste storage facilities; dumpsters1
|
50 minimum
|
|
Off-street parking lots containing up to 250 parking spaces
|
20 minimum
|
|
Off-street parking lots containing more than 250 parking spaces
|
25 minimum
|
|
Freestanding individual business signs,; all temporary signs
|
20 minimum
|
|
Freestanding residential development/neighborhood signs
|
20 minimum
|
|
Freestanding planned center signs
|
20 minimum
|
|
Billboards
|
50 minimum
|
|
NOTE:
| |
|
1
|
These uses are not permitted in any front yard, regardless of
the building setback.
|
D.
Minimum setback from an expressway. No part of a new dwelling unit
shall be constructed or placed within 100 feet of the existing right-of-way
line of a limited-access expressway highway. This subsection shall
apply in all cases, unless a larger setback applies under another
Township or state regulation.
A.
The height regulations do not apply to the following structures or
projections, provided such structures or projections are set back
a horizontal distance at least equal to their height from any property
line:
(1)
Water towers, antennas (except amateur radio 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;
and
(3)
Parapet walls or cornices used solely for ornamental purposes if
not in excess of five feet above the roofline.
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.
A.
A front yard, as provided for in the area and lot requirements for
the various zones, shall be required along each street on which a
corner lot abuts.
B.
On any corner lot, no wall, fence or other structure shall be erected,
altered or maintained, and no hedge, tree or other growth shall be
planted or maintained which may cause danger to traffic on a street
by obscuring the view. On corner lots, no such structure or growth
shall be permitted within an area which is formed by a triangle where
the two legs of the triangle extended 100 feet from the center-line
intersection of the two intersecting streets.
All dwelling units must conform to the minimum habitable floor
area following:
More than one principal use may be erected on a single lot,
provided that all lot and yard requirements, standards and other requirements
of this chapter shall be met for each structure as though it were
on an individual lot. In addition, such proposals shall gain approval
for a land development plan and provide individually approved methods
of sewage disposal.
A.
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street. The erection of buildings without approved access shall not be permitted. Approved access shall be defined in terms of Chapter 360, Subdivision and Land Development, as may be amended from time to time, for street design or as subsequently provided for by the Township. Access to lots containing single-family dwellings or farms shall be via driveways (see § 360-25Q of Chapter 360, Subdivision and Land Development); access to lots containing other uses shall be via access drives (see § 360-25R of Chapter 360, Subdivision and Land Development); and
B.
Requirements imposed upon properties fronting the Carlisle Pike or
New Conodoguinet Parkway adjoining land within the INT Zone:
(1)
For unimproved properties fronting the Carlisle Pike and unimproved
properties fronting on land that adjoins Conodoguinet Parkway in the
INT Zone on the effective date of this chapter, direct vehicular access
(via driveways, access drives, or streets) to the Carlisle Pike or
Conodoguinet Parkway shall be permitted: a) by right at Township-identified
"vehicular control points," as defined herein; or b) by conditional
use, only upon a finding that all of the following are true:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
The site does not contain one of the Township-identified "vehicular
control points," as defined herein;
(b)
The site does not possess suitable frontage along another existing
street;
(c)
The site does not possess frontage along a street proposed by
the applicant;
(d)
The site cannot be served by a Township-proposed street in a
timely manner;
(e)
The site cannot share vehicular access with an adjoining use
that already has existing vehicular access to the Carlisle Pike or
Conodoguinet Parkway adjoining land within the INT Zone. In alleging
such claim, the applicant must describe those actions taken to attempt
such shared access and the specific reasons that such access is not
possible or practical. Further, the applicant must also suggest what
measures could be taken by the Township to facilitate such shared
access;
(f)
Given the configuration of the site, adjoining properties, and
Carlisle Pike or Conodoguinet Parkway adjoining land within the INT
Zone, that the proposed means of direct vehicular access to the Carlisle
Pike or Conodoguinet Parkway adjoining land within the INT Zone is
located and designed to minimize adverse impact upon safe and convenient
traffic flow on and adjacent to the site; and
(g)
The applicant can obtain a highway occupancy permit from PennDOT.
(2)
No new lots shall be created that would rely upon direct vehicular
access to the Carlisle Pike or Conodoguinet Parkway adjoining land
within the INT Zone, unless said access is located at one of the Township-identified
"vehicular control points," as identified herein;
(3)
Properties that possess direct vehicular access to the Carlisle Pike or Conodoguinet Parkway adjoining land within the INT Zone as of the effective date of this chapter at a location(s) other than a Township-identified "vehicular control point," shall be required to abandon such vehicular access upon submission of a land development, unless all of the findings of the above Subsection B(1)(b) through (f) are valid; and
(4)
Construction of new roads shall be required to extend the full dimension
of properties (length or width) to facilitate access to adjoining
properties, unless said adjoining properties already possess a suitable
means of vehicular access.
Every single-family dwelling shall be required to provide at least two off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports and/or driveways. Parking requirements for other uses are listed in § 360-26 of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring.
For purposes of this chapter, the Township's roads are classified
in the following categories:
A.
Arterials.
|
American Legion Memorial Highway — I-81 (limited access)
|
|
Pennsylvania Turnpike — I-76 (limited access)
|
|
Wertzville Road — SR 0944
|
|
Carlisle Pike — SR 0011
|
|
Hogestown Road — SR 0114
|
|
Trindle Road — SR 0641 (Mechanicsburg Borough to Churchtown
Road)
|
|
Trindle Road — SR 0641 (Churchtown Road to Middlesex Township)
|
|
Silver Spring Road — SR 1011
|
|
Conodoguinet Parkway — SR 0114 (Carlisle Pike to I-81)
|
B.
Collectors.
|
Conodoguinet Parkway — SR 0114 (I-81 to Wertzville Road)
|
|
North Locust Point Road — SR 1007
|
|
Rich Valley Road — SR 1009
|
|
Sample Bridge Road — T-596
|
|
Texaco Road — SR 2012 and T-583
|
|
Bernheisel Bridge Road — T-574
|
|
State Road — SR 2012
|
|
Hempt Road — T-551
|
|
Woods Drive — east of Route 114 to T-585
|
|
Mulberry Drive — T-586
|
C.
Local. All other streets.
A.
Unless required to install a capped sewer as per § 360-36 of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring, all future uses that rely upon on-lot sewage disposal systems shall be required to specifically test for and secure one disposal site (field, bed or trench) and another alternate disposal site. Both disposal sites shall be approved by the Sewage Enforcement Officer. Furthermore, the alternate disposal site shall be perpetually protected from excavation, construction and other activities that would result in disturbance of the soils' ability to renovate sewage effluent until such time as the alternate field is activated due to malfunction of the initial disposal site;
B.
Regardless of any maximum lot area requirements listed elsewhere
in this chapter, the minimum required lot size may be increased to
ensure an acceptable level of nitrate-nitrogen in the adjoining groundwater.
Such determinations will be made by the Pennsylvania Department of
Environmental Protection through its sewer module review process.
In those cases where applicable maximum lot area requirements are
exceeded to protect groundwater quality, the applicant shall furnish
evidence that the amount of land needed to protect local groundwater
is the minimum necessary for such protection; and
C.
Every use relying upon on-lot sewage disposal systems shall be required
to properly maintain and repair such systems.
No persons or family shall be permitted to permanently reside
within any tent, travel trailer, bus, boat, camper or motor home.
However, temporary occupancy of a tent, travel trailer, camper or
motor home shall be permitted within an approved campground or for
periods of up to 14 days in any calendar year on the property of a
friend or relative.
A.
General intent. The sign regulations, controls and provisions set
forth in this section are made in accordance with an overall plan
and program for the provision of public safety, land development,
preservation of property values, and the general welfare of the Township
of Silver Spring and are intended to:
(1)
Aid in traffic control and traffic safety;
(2)
Preserve and protect property values;
(3)
Lessen congestion of land and air space;
(4)
Provide against undue concentrations of signs which distract and
endanger traffic safety and traffic flow;
(5)
Establish reasonable standards for commercial and other advertising
through the use of signs in order to maintain and encourage business
activity and development;
(6)
Recognize the rights of the public in roads, streets, highways and
the areas adjacent to those roads, streets and highways;
(7)
Preserve the wholesome and attractive character of the Township;
and
(8)
Recognize that the general welfare includes a community that shall
be beautiful as well as healthy, spacious as well as clean, and well-balanced
in its growth and development.
B.
General regulations for all signs:
(1)
Signs must be constructed of durable material and maintained in good
condition.
(2)
No sign shall be maintained within the Township in such a state of
disrepair as to have the appearance of complete neglect, which is
rotting or falling down, which is illegible, or has loose parts separated
from original fastenings.
(3)
Whenever a sign becomes structurally unsafe or endangers the safety
of the building or premises, or endangers the public safety, the Zoning
Officer shall give written notice to the owner of the premises on
which the sign is located that such sign must be made safe or removed
within five days.
(4)
Advertising painted upon or displayed upon a barn or other building
or structure shall be regarded as a flat wall sign and the regulations
pertaining thereto shall apply.
(5)
Each sign shall be removed when the circumstances leading to its
erection no longer apply.
(6)
Signs may be interior lighted with nonglaring lights or may be illuminated
by floodlights or spotlights that are shielded so there is no direct
light transmitted to other properties or public rights-of-way.
(7)
Directly illuminated signs, designed to give forth artificial light
directly or through transparent or translucent material from a source
of light within such sign, including but not limited to neon, will
be permitted. providing that the light being emitted from the sign
shall not cause a glare or emit light onto the surrounding area.
(8)
The following are expressly prohibited:
(a)
Animated, sequential, flashing, rotating, or oscillating signs;
(b)
Open flames used to attract public attention to a place of business
or to an advertising sign; and
(c)
Any sign, banner (except as a special event sign), pennant,
balloon, valance, or advertising display constructed of cloth, fabric,
cardboard, or other light material, intended to be displayed for a
short period of time.
(9)
No sign shall be located so as to interfere with visibility for motorists
at street or driveway intersections.
(10)
No sign located within 300 feet of any traffic light shall be
illuminated with red, green or yellow lights or neon tubing.
(11)
All electrically illuminated signs shall be constructed to the
standards of the National Board of Fire Underwriters.
(12)
Signs must be positioned so that they do not interfere with
any clear sight triangle.
(13)
No loud, vulgar, indecent or obscene advertising matter shall
be displayed in any manner, including, but not limited to:
(14)
No sign shall be erected or located as to prevent free ingress
or egress from any window, door or fire escape.
(15)
No sign shall be placed in such a position that it will obscure
light or air from a building or which would create a traffic danger.
(16)
No sign shall be permitted which is permanently attached to
public utility poles nor trees which are within the right-of-way of
any street.
(17)
No sign located within the Floodplain Zone shall exceed six
square feet of area per side.
(18)
In the event that a symbol, trademark or other such figure is
used as a sign post or standard which could be construed to indicate
or identify a particular use or business, that symbol, trademark or
figure is to be computed as part of the total allowable sign area.
(19)
Except in the case of billboards, only those signs referring
directly to services, materials or products made, sold or displayed
on the premises shall be permitted.
(20)
No point of any sign, including trim, border and supports, shall be located within 10 feet of any property or street right-of-way line except as provided in § 415-34C for signs along the Carlisle Pike.
(21)
Any sign attached to a building shall not be placed on the roof
or be higher than the wall to which it is attached.
(22)
No point of a wall projecting sign shall be located less than
8 1/2 feet above the grade directly below the sign.
(23)
Determination of size of sign area.
(a)
The area of a sign shall be construed to include all lettering,
wording and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed, including any
border, framing or decorative attachments, but not including any supporting
framework or bracing incidental to the display itself. Where the sign
consists of individual letters or symbols attached to a building,
wall or window, the area of the sign shall be considered to be that
of the smallest rectangle or other regular geometric shape which encompasses
all of the letters and symbols.
 |
(b)
Where a sign has two or more faces, the area of all faces shall
be included in determining the area of the sign.
C.
Specific sign requirements. The tables attached hereto tabulate requirements
imposed upon permanent, temporary, businesses, and shopping center
signs as permitted within the Township.[1]
(1)
On-site directory signs shall be allowed where a particular site
includes more than one tenant, provided that:
(a)
Directory signs must be located near entrances to parking areas,
but not less than 50 feet from any public right-of-way, and at principal
intersections within the site. Such signs shall be uniform in size
(62 inches by 36 inches), color, height and lettering of the business
name and direction information only, but shall not contain any commercial
message.
[1]
Editor's Note: The Permanent Sign Requirements Table, Temporary
Sign Requirements Table and Businesses/Planned Center Signage Table
are attachments to this chapter.
D.
Amortization of nonconforming signs.
(1)
Any sign that was legally existing as of the effective date of this
chapter that does not comply with the provisions listed in this section
shall be considered a nonconforming sign.
(2)
All such nonconforming signs will be required to conform at such
time as 75% or greater of the sign area is changed in any way, including,
but not limited to, relocation, wording, logo, design, lighting and/or
material composition. Nonconforming signs approved by variance will
also be subject to this section.
E.
Prohibited signs. The following types of signs shall not be permitted
in the Township:
(1)
Signs of such a design and location that they interfere with, compete
for attention with, or may be mistaken for a traffic signal. This
shall include any sign visible from the public right-of-way which
uses an arrow device or the word "stop." It shall also include signs
in which the colors red and green are used either in direct illumination
or in high reflection by the use of special preparation, such as fluorescent
paint or glass;
(2)
Any sign located in or extending into a public right-of-way, except
those owned or operated by a duly constituted government;
(3)
Any freestanding or projecting sign within an area bounded by the intersection of two rights-of-way and 20 feet from such intersection along the rights-of-way, except permanent on-site directional signs less than three feet in height as permitted by Subsection C of this section; and
(4)
For any retail business, any sign or signs which are attached to,
placed or painted on any vehicle or trailer and greater than 10 square
feet per side of a vehicle or trailer or 20 square feet in total and
visible from any public street or residence, subject to the following
exception:
(a)
Any vehicle or trailer which is actively engaged in making deliveries,
pickups or otherwise actively in use and the sign does not protrude
in excess of one inch from the vehicle, but when such vehicle or trailer
is not in use it shall be parked so as not to be visible from any
public street or residence or be a minimum of 100 feet from any arterial
road or a minimum of 50 feet from any collector road.
F.
Sign permits. For signs requiring permits in Subsection C of this section, the following requirements shall apply prior to the erection of said signs:
(1)
Permit applications.
(a)
Application for a permit shall be made at the Township office;
(b)
Application shall be made on a form to be provided by the Township
and shall contain the following information and documentation:
[1]
The name(s) and address(es) of the sign owner and the landowner;
[2]
An affidavit of title executed by the landowner(s) indicating
the date and place of recording of the present title to the land;
[3]
A drawing to scale, showing the location of the sign with reference
to the adjoining property lines and streets;
[4]
A drawing to scale, showing all dimensions of the sign. For
a directional sign or an on-premises sign advertising activities being
conducted on the real property, the drawing shall also contain an
accurate representation of the advertising or informative contents
of the sign; and
[5]
A description of the construction materials of the sign and
its manner of installation;
(2)
All applications shall be reviewed and permits issued by the Zoning
Officer. No sign permit shall be issued except in conformity with
the regulations of this chapter, except upon order of the Zoning Hearing
Board, granted pursuant to the procedures established for the issuance
of a variance.
(3)
Permit issuance. Following permit application approval, a sign permit
will be issued by the Zoning Officer upon receipt of required fees.
(4)
If there is any change in location or dimensions of any sign or in
advertising or informative contents of a sign, a new permit shall
be required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All agricultural animal operations with more than 2,000 pounds
live weight of livestock or poultry per acre shall comply with the
Pennsylvania Nutrient Management and Odor Management Act, 3 Pa.C.S.A. §
501 et seq., as may be amended.
All uses proposed within the Township must operate in compliance
with applicable state and federal regulations, as they are periodically
amended. The following lists known governmental regulations associated
with various land use impacts. This list in no way excludes or limits
federal or state jurisdiction over uses within the Township but is
merely provided for information to applicants and landowners.
B.
Air pollution, airborne emissions and odor. Rules and regulations
of the Pennsylvania Department of Environmental Protection;
C.
Water pollution. The Clean Streams Law, June 22, 1937, P.L. 1987,
35 P.S. § 691.1 et seq., as amended;
F.
Handicap access. The latest version of the American with Disabilities
Act; and
G.
Farming. Pennsylvania Nutrient Management and Odor Management Act,
3 Pa.C.S.A. § 501 et seq.
[Amended 9-24-2014 by Ord. No. 8-2014]
In those instances where common facilities, other than greenway
land, are required elsewhere in this chapter, or when an applicant
proposes the use of common facilities, such common facilities shall
comply with the following:
A.
Common facilities shall include a written description and plan for
the disposition of ownership of common facilities designating those
areas to be offered for dedication or to be owned by the specific
form of organization proposed. The common facilities shall be accomplished
through one of the following:
(1)
An offer of dedication to the Township. The Township shall not be
obligated to accept dedication of the common facilities;
(2)
With permission of the Township, and with appropriate deed restrictions
in favor of the Township and in language acceptable to the Township
Solicitor, the developer may transfer ownership of the common open
space or a portion thereof to a private, nonprofit organization among
whose purposes is the preservation of common open space land and/or
natural resources. The organization shall be a bona fide conservation
organization with a perpetual existence; the conveyance must contain
appropriate provisions for reverter or retransfer if the organization
is unable to maintain the land; and the organization must enter into
a maintenance agreement with the Township;
(3)
The developer shall provide for and establish an organization for
the ownership and maintenance of the common facilities, which shall
be generally consistent with the requirements for unit owners; associations
found in the Pennsylvania Uniform Planned Community, Act 68 Pa.C.S.A. §§ 5101
to 5414, or Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq. If such an organization is created, the agreements of sale
and deeds for all lots shall contain the following requirements in
language acceptable to the Township Solicitor:
(a)
Such organization shall not dispose of the common facilities
by sale or otherwise except to the Township, unless the Township has
given prior written approval. Such transfer shall be made only to
another organization which shall maintain the common open space facilities
in accordance with this chapter;
(b)
The organization and all lot owners shall enter into a maintenance agreement with the Township and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code relating to the maintenance of deteriorating common facilities by municipalities; and
(c)
The Township may require the establishment of a reserve fund
to provide for maintenance of or capital improvements to the common
facilities.
[Amended 5-23-2012 by Ord. No. 2-2012]
A.
Developers of commercial, industrial and institutional buildings
are encouraged to maximize the use of property and enhance the management
of stormwater in a manner that complements the Township's developing
landscape. To that effect, the Township offers an optional set of
stormwater management practices with the granting of a conditional
use. In this case, the underlying zone stipulates the type of uses
permitted and many stormwater standards; however, applicants may opt
to obtain conditional use approval subject to specific stormwater
management standards contained herein. This carries a prescribed increase
in permitted lot coverage as an inducement to prospective developers.
These optional standards may only be applied to property upon approval
of the Board of Supervisors and written acceptance by the landowner
of all requirements of this section and any valid conditions of approval
attached by the Board of Supervisors.
B.
Water quality and volume.
(1)
In order to enhance water quality and volume (above Department of
Environmental Protection and Township requirements), the applicant
shall utilize the list below to develop a site plan exhibit demonstrating
the location, size and number of proposed BMPs to the satisfaction
of the Board of Supervisors. In addition, the exhibit shall demonstrate
the area from which each BMP receives runoff.
(a)
Water quality inlet inserts in all inlets (i.e., snout, trash-collecting
insert or nutrient separator).
(b)
Place bioretention areas in parking areas and detention facilities.
(c)
Utilize curb openings in lieu of inlets in macadam areas.
(d)
Disconnect storm sewer system by utilizing grass-lined swales
in place of conveyance pipes.
(e)
Place inlets in landscaped areas.
(f)
Separate roof drains from the storm sewer system and discharge
directly to the detention basin or discharge point.
(g)
Distribute infiltration areas around the site.
(2)
In all cases, the proposed application shall utilize an operation
and maintenance (O&M) agreement that implements regular pavement
sweeping, proper salt storage, maintaining an on-site spill kit with
oil booms, regular visual inspection, assigning a responsible representative
to execute O&M responsibilities and triannual reporting to the
Township.
C.
In return for compliance with the above-described design standards,
the Township can award the following development bonuses as part of
the conditional use approval:
[Amended 7-28-2015 by Ord. No. 3-2015]
|
Underlying Zone
|
Maximum Permitted Lot Coverage in Underlying Zone
|
Maximum Permitted Lot Coverage with Optional Stormwater Management
Practices
|
|---|---|---|
|
C-2
|
60%
|
80%
|
|
C-3
|
60%
|
80%
|
|
O
|
60%
|
80%
|
|
I-1
|
60%
|
80%
|
|
I-2
|
60%
|
80%
|
|
INT
|
60%
|
80%
|
D.
Should any part of this section be declared invalid by a court of
competent jurisdiction, the entire section shall be automatically
repealed.
A.
Shopping cart storage. For grocery stores, or other stores containing
grocery departments, the outdoor storage and collection of shopping
carts is permitted under the following conditions:
(1)
Shopping carts may be collected and stored immediately in front of
the storefront (upon sidewalks or under a canopy) and/or within the
parking lot;
(2)
No shopping cart storage and collection areas shall be located upon
any facilities used for vehicle circulation, loading or emergency
vehicle access (e.g., fire lanes). Shopping cart collection areas
will be allowed at designated areas located within parking lots;
(3)
Such shopping cart storage and collection areas shall be situated
so as to provide clear pedestrian access (sidewalk or other area),
at least eight feet wide, adjacent to the curb along the storefront;
(4)
Signage for such shopping cart storage and collection areas shall be governed by those regulations pertaining to on-site informational signs as regulated by § 415-44 of this chapter; and
(5)
The applicant shall submit a working plan for the collection of shopping
carts from the parking lot. Also, the applicant shall be required
to depict intended shopping cart storage and collection areas upon
any permits and/or plans required by the Township. No additional permits
shall be required unless such areas change location or size.
B.
Seasonal sidewalk displays.
(1)
Only seasonal merchandise may be displayed and shall be limited to
the calendar periods between April 1 and October 1 and November 15
and December 31.
(2)
The location of such outdoor displays shall be limited to sidewalks,
under canopies, or other areas immediately in front of the building's
storefront. The stacking and/or display of such items shall be arranged
to provide clear pedestrian access (sidewalk or other area), at least
eight feet wide, adjacent to the curb along the storefront;
(3)
In no case shall the location of such sidewalk display areas occur
within any area used for vehicular circulation, parking and loading,
nor emergency vehicle access (e.g., fire lanes);
(4)
In no case shall such sidewalk display area exceed 50% of the lineal
storefront dimension. (For example, a two-hundred-foot-long storage
could display no more than 100 lineal feet of a sidewalk display.);
(6)
The applicant shall submit a working plan to the Township for the
cleanup of litter and debris which may result from such outdoor display.
Also, the applicant shall depict intended sidewalk display areas upon
any permits and/or plans required by the Township. No additional permits
shall be required unless such area(s) is to change location or size.
C.
Special event sales.
(1)
In addition to the above, two special event sales shall be permitted
per calendar year. Such special event sales shall be limited to no
more than a total of 30 days per calendar year;
(2)
Special event sales displays shall be located no closer than 35 feet
from an adjoining road nor 10 feet from any side or rear lot lines;
(3)
Special event sales may be located within the parking lot, provided that such location minimizes congestion within the parking lot, and those access drives that provide direct vehicular access to adjoining roads. Within parking lots, such display areas shall be specifically delineated from the adjoining parking lot by the use of identifiable barriers (e.g., tents, canopies, temporary fences, or ropes). Additionally, location within the parking lot shall only be permitted upon parking spaces in excess of the number required by § 360-26 of Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring;
(4)
Special event sales shall not be located within the parking lot during
the months of November, December, January, February and March, because
of the potential need for snow removal;
(5)
The area devoted to special event sales displays shall not exceed
20% of the gross leasable floor area of the use(s) conducting the
special event sale;
(6)
In planned centers, special event sales shall be jointly held by
all of those occupants of the planned center who wish to participate.
No individual occupants of a planned center shall be permitted to
conduct separate special event sales. The planned center's management
will be responsible for the coordination of this activity;
(7)
All uses conducting a special event sale shall be responsible for
the ongoing cleanup of litter and debris. Also, no exterior public
address or lighting systems shall be used which produce impacts beyond
the subject property; and
Public utilities structures (excluding communications antennas,
towers and equipment).
A.
Minimum lot area: 3,500 square feet.
B.
Minimum lot width: 50 feet.
C.
Maximum lot coverage: 50%.
E.
Maximum height: 15 feet.
F.
Screening. A visual screen must be provided.
G.
The architectural design of the exterior of any building shall be
in keeping with other structures in the neighborhood.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Within the C, A, R and RE Zones, accessory apartments are permitted
uses, subject to the following criteria:
A.
Only one accessory apartment shall be permitted as an accessory use
to a principal owner-occupied single-family detached dwelling.
B.
An accessory apartment shall be contained within the principal building
or within a portion of an accessory building.
C.
Regardless of the location of the accessory apartment, no accessory
apartment shall comprise more than 40% of the habitable floor space
contained within the principal dwelling.
D.
The applicant shall demonstrate that an approved means of sewage
disposal and reliable water supply shall be used.
E.
All units contained on floors above or below grade shall have a direct
means of escape to ground level.
F.
Any modifications to the external appearance of the building (except
fire escapes) shall complement its residential character.
G.
One off-street parking space shall be provided in addition to those
required by other uses on the property.
Within the C-2 and C-3 Zones, amusement arcades are permitted
uses, subject to the following criteria:
A.
All activities shall take place within a completely enclosed building.
B.
The applicant must furnish evidence as to how the use will be controlled
so as to not constitute a nuisance due to noise or loitering outside
the arcade.
C.
A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring.
D.
A working plan for the cleanup of litter shall be furnished and implemented
by the applicant.
Within the C-2 Zone, automobile parts stores and automotive
service and repair facilities are permitted uses, subject to the following:
A.
Such uses are accessory to a principal department or variety store
and all service and/or repair activities shall be conducted within
a completely enclosed building.
B.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
C.
No outdoor storage of parts, equipment, lubricants, fuel or other
materials used or discarded as part of the service or repair operation
shall be permitted.
D.
All exterior vehicle storage areas shall be screened from adjoining
residentially zoned properties and roads.
E.
The storage of unlicensed vehicles is prohibited.
F.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining residentially
zoned property.
G.
All vehicles shall be repaired and removed from the premises promptly
and in any case not to exceed 30 days.
H.
The demolition or junking of vehicles is prohibited.
I.
The applicant shall furnish evidence that the storage and disposal
of materials and wastes will be accomplished in a manner that complies
with all applicable regulations.
Within the C-3 Zone, automobile service and repair facilities
are permitted uses, subject to the following criteria:
A.
All service and/or repair activities shall be conducted within a
completely enclosed building.
B.
All uses involving drive-through service shall provide sufficient
on-site stacking lanes to prevent vehicle backups on adjoining roads.
C.
No outdoor storage of parts, equipment, lubricants, fuel or other
materials used or discarded as part of the service or repair operation
shall be permitted.
D.
All exterior storage areas shall be subject to lot coverage requirements
and screened from adjoining residentially zoned properties and roads.
E.
The storage of unlicensed vehicles is prohibited.
F.
Any ventilation equipment outlets associated with the service/repair
work area(s) shall not be directed toward any adjoining residentially
zoned property.
G.
All vehicles and machinery shall be repaired and removed from the
premises promptly.
H.
The demolition or junking of vehicles and machinery is prohibited.
Demolished vehicles or parts thereof shall be removed from the site
within two weeks of arrival.
I.
The applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
Within the C-1, C-2 and C-3 Zones, automobile filling stations
(including minor incidental repair) are permitted uses, subject to
the following criteria:
A.
The subject property shall have a minimum width of 125 feet.
B.
The subject property shall front on an arterial or collector road.
C.
The subject property shall be set back at least 300 feet from any
lot containing a school, day-care facility, park, playground, library,
hospital or nursing, rest or retirement home.
D.
The outdoor storage of motor vehicles (whether capable of movement
or not) for more than one month is prohibited.
E.
All structures (including air compressors, kiosks, gasoline pump
islands, but not permitted signs) shall be set back at least 30 feet
from any street right-of-way line.
F.
No outdoor storage of auto parts shall be permitted.
G.
Access driveways shall be a minimum of 28 feet and a maximum of 35
feet wide and separated by 75 feet from one another if located along
the same frontage, as measured from edge to edge.
H.
All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet and oriented away from any adjoining residentially
zoned properties.
I.
The applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
Within the I-2 Zone, billboards are permitted uses, subject
to the following criteria:
A.
No billboard shall be located within 1,000 feet of another billboard;
B.
All billboards shall be a minimum of 50 feet from all property lines;
C.
All billboards shall be set back at least 100 feet from any land
within a residential zone;
D.
No billboard shall obstruct the view of motorists on adjoining roads,
or the view of adjoining commercial or industrial uses, which depend
upon visibility for identification;
E.
No billboard shall exceed an overall size of 300 square feet, nor
exceed 25 feet in height; and,
F.
All properties upon which a billboard is erected shall be regularly
maintained so as not to create a nuisance by means of weeds, litter
or vector habitation.
Within the C-3 Zone, car washes is a permitted use, subject
to the following criteria:
A.
Public sewer and public water facilities shall be utilized and gray
water recycling is encouraged.
B.
For automatic and self-service car washes, each washing bay shall
provide a minimum one-hundred-foot-long on-site stacking lane which
precedes the washing process. For full-service car washes, such on-site
stacking shall be a minimum of 300 feet per lane.
C.
For full-service car washes, a post-washing drying area shall be
provided for no less than six vehicles per washing lane.
D.
All structures housing washing apparatuses shall be of masonry construction
and set back 100 feet from any street right-of-way line, 50 feet from
any rear property line, and 20 feet from any side lot line.
E.
Trash receptacles shall be provided and routinely emptied to prevent
the scattering of litter, and the applicant shall furnish and implement
a working plan for the cleanup of litter and debris.
F.
The subject property shall front on an arterial or collector road.
G.
The applicant shall demonstrate adequate provision for the collection
and disposal of greases and wastes.[1]
[1]
Editor's Note: Original Sections 327, Cluster developments,
and 327.A, Cluster development in the RE District, which immediately
followed this section, were repealed 9-24-2014 by Ord. No. 8-2014.
A.
Within the I-1 and I-2 Zones, commercial day-care facilities are permitted uses, subject to the following criteria; in the C-2, INT and R-1 Zones, commercial day-care facilities are permitted by conditional use, subject to the criteria stated in § 415-83; and in the R-2 Zone, commercial day-care facilities are permitted by special exception, subject to the criteria stated in § 415-83.
[Amended 4-28-2010 by Ord. No. 5-2010]
B.
An outdoor play area shall be provided at a rate of 65 square feet
per individual enrolled. Off-street parking compounds shall not be
used as outdoor play areas. Outdoor play areas shall not be located
within the front yard. Additionally, outdoor play areas shall be located
and designed so as not to disrupt normal activities of adjoining uses
permitted within the zone and/or neighborhood. Outdoor play areas
shall be completely enclosed by a minimum four-foot-high fence and
screened from adjoining residentially zoned properties. Any vegetative
materials located within the outdoor play areas shall be of a nonharmful
type (not poisonous, thorny, allergenic, etc.). All outdoor play areas
must provide a means of shade, such as a shade tree(s) or pavilion(s).
C.
Enrollment shall be defined as the largest number of persons and/or
children under day-care supervision at any one time during a seven-day
period.
D.
Passenger dropoff and pickup areas shall be provided on site and
arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
E.
One off-street parking space shall be provided for each six persons
enrolled.
F.
All commercial day-care facilities shall obtain and maintain proper
licensure from the Commonwealth of Pennsylvania.
G.
The applicant shall demonstrate that adequate safeguards are provided
to protect students from nearby industrial activities and uses.
H.
Within the R-1 Zone, commercial day-care facilities are subject to
the following additional criteria:
[Added 4-28-2010 by Ord. No. 5-2010]
(1)
Tract size shall be a minimum area of two acres.
(2)
Tract shall be located at an existing or planned traffic signalized
intersection with access of the facility limited to the secondary
classified street.
(3)
Outdoor play areas shall be set back a minimum of 25 feet from any
adjacent residential uses or any R-1 zoned property.
(4)
Adequate screening shall be provided for the whole use of the property
in addition to the screening required for the outdoor play areas.
Within the C-2 and C-3 Zones, commercial recreation facilities
are permitted uses, subject to the following criteria:
A.
If the subject property contains more than two acres, it shall front
on an arterial or collector road.
B.
Those uses involving extensive outdoor activities shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties.
C.
Any structures exceeding the maximum permitted height may be permitted
so long as they are set back from all property lines at least the
horizontal distance equal to their height, plus an additional 50 feet.
Furthermore, such structures shall not be used for occupancy.
D.
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, noise, light, litter, dust and pollution.
E.
Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring. In addition, an unimproved grassed overflow parking area to be provided for peak-use periods may be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
F.
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads. If at any
time after the opening of the commercial recreation facility the Township
determines that traffic backups are occurring on adjoining roads,
and such backups are directly related to the means of access to the
subject property, the Township can require the applicant to revise
means of access to relieve the undue congestion.
G.
Any outside pedestrian waiting lines shall be provided with a means
of shade.
Within the C-2 and C-3 Zones, drive-through and/or fast-food
restaurants are permitted uses, subject to the following criteria:
A.
The subject property shall front on an arterial or collector road.
B.
Exterior trash receptacles shall be provided and routinely emptied
so as to prevent the scattering of litter. All applications shall
include a description of a working plan for the cleanup of litter.
C.
All drive-through-window lanes shall be separated by a curb from
the parking lot's interior driveways.
D.
Any exterior speaker/microphone system shall be arranged and/or screened
to prevent objectionable noise impact on adjoining properties.
E.
All exterior seating/play areas shall be completely enclosed by a
minimum three-foot-high fence.
F.
No part of the building, trash dumpsters or any drive-through lane
shall be located within 200 feet of any residentially zoned land.
[Added 7-31-2013 by Ord.
No. 5-2013]
G.
Each drive-through lane shall have 200 feet of on-site stacking preceding
the order location.
Within the C, A and R Zones, ECHO housing is a permitted use,
subject to the following criteria:
A.
The elder cottage shall be of portable construction and may not exceed
900 square feet of floor area.
B.
The total building coverage for the principal dwelling, any existing
accessory structures and the elder cottage together shall not exceed
the maximum lot coverage requirement for the respective zone.
C.
The elder cottage shall only be occupied by at least one person who
is at least 50 years old, or is handicapped or disabled, and is related
to the occupants of the principal dwelling by blood, marriage or adoption.
D.
The elder cottage shall be occupied by a maximum of two people.
E.
Utilities:
(1)
For sewage disposal and water supply and all other utilities, the
elder cottage shall be physically connected to those systems serving
the principal dwelling. No separate utility systems or connections
shall be constructed or used. All connections shall meet the applicable
utility company standards; and
(2)
If on-site sewer or water systems are to be used, the applicant shall
submit evidence showing that the total number of occupants in both
the principal dwelling and the elder cottage will not exceed the maximum
capacities for which the one-unit systems were designed, unless those
systems are to be expanded; in which case the expansion approvals
are to be submitted. Any connection to or addition to an existing
on-site sewer system shall be subject to the review and approval of
the Sewage Enforcement Officer.
F.
A minimum of one all-weather off-street parking space, with unrestricted
ingress and egress to the street, shall be provided for the elder
cottage, in addition to that required for the principal dwelling.
G.
The elder cottage shall be installed and located only in the side
or rear yards and shall adhere to all side and rear yard setback requirements
for principal uses.
H.
The elder cottage shall be removed from the property within three
months after it is no longer occupied by a person who qualifies for
the use.
I.
Upon the proper installation of the elder cottage, the Zoning Officer
shall issue a temporary zoning permit. Such permit shall be reviewed
every 12 months until such time as the elder cottage is required to
be removed. A fee in the amount to be set by the Board of Supervisors
shall be paid by the landowner upon each renewal of the temporary
zoning permit. Such fee shall be based upon the cost of the annual
review of the permit.
Within the C-3 Zone, farmers and/or flea markets are permitted
uses, subject to the following criteria:
A.
The retail sales area shall be considered to be that of the smallest
rectangle or other regular geometric shape which encompasses all display
stands, booths, tables or stalls, plus any adjoining aisles and/or
walkways from which consumers can inspect items for sale. The retail
sales shall include all indoor and/or outdoor areas as listed above.
B.
The retail sales area shall be set back at least 50 feet from all
property lines, and shall be calculated as part of the maximum permitted
lot coverage, regardless of its surface treatment.
C.
Off-street parking shall be provided at the rate of one space per
each 200 square feet of retail sales area.
D.
Off-street loading shall be calculated upon the retail sales area described above and according to the schedule listed in Chapter 360, Subdivision and Land Development, of the Code of the Township of Silver Spring.
E.
All outdoor display and sales of merchandise shall not begin prior
to one hour before official sunrise and shall cease no later than
one hour after official sunset.
F.
Any exterior amplified public address system shall be arranged and
designed so as to prevent objectionable impact on adjoining properties.
G.
Exterior trash receptacles shall be provided amid any outdoor retail
sales area. Such trash receptacles shall be routinely emptied so as
to prevent the scattering of litter and debris. All applications shall
include a description of a working plan for the cleanup of litter.
Within all zones it shall be unlawful to keep or allow to be
kept more than four dogs or four cats, or any combination of such
animals exceeding four in number, over the age of 120 days, at any
residence, unless such residence is a kennel or nonprofit animal rescue.
Within the C-2 Zone, home improvement and building supply stores
are permitted uses, subject to the following criteria:
A.
If the subject property contains more than two acres, it shall front
along an arterial or collector road.
B.
The retail sales area shall be all areas open for public display,
including but not limited to shelves, racks, bins, stalls, tables
and booths, plus any adjoining aisles or walkways from which consumers
can inspect items for sale. The retail sales area shall include both
interior and exterior areas as listed above.
C.
Off-street parking shall be provided at the rate of one space for
each 200 square feet of interior retail sales area, plus one space
for each 500 square feet of exterior retail sales area.
D.
All exterior retail sales areas shall include a dust-free surface
and a completely enclosed minimum six-foot-high fence and gate.
E.
All exterior storage and retail sales areas (exclusive of nursery
and garden stock) shall be located within a side and/or rear yard
and shall be screened from adjoining roads and properties.
F.
The applicant shall furnish expert evidence that any exterior amplified
public address system and/or exterior lighting has been arranged and
designed so as to prevent objectionable impact off the site.
G.
Any drilling, cutting, sawing, mixing, crushing or some other preparation
of building materials, plus any testing or repair of motorized equipment,
shall be conducted within a completely enclosed building.
Within the C-3, I-1 and I-2 Zones, mini warehouses are permitted
uses, subject to the following criteria:
A.
Off-street parking spaces shall be provided at the rate of one space
per each 25 units, plus one per 250 square feet of office space.
B.
Parking shall be provided by parking/driving lanes adjacent to the
buildings. These lanes shall be at least 26 feet wide when cubicles
open onto one side of the lane only and at least 30 feet wide when
cubicles open onto both sides of the lane.
C.
Required parking spaces may not be rented as, or used for, vehicular
storage. However, additional external storage area may be provided
for the storage of privately-owned travel trailers and/or boats, so
long as such external storage area is screened from adjoining residentially
zoned land and adjoining roads and is located behind the minimum front
yard setback line. This provision shall not be interpreted to permit
the storage of partially dismantled, wrecked or inoperative vehicles.
D.
All storage shall be kept within an enclosed building, except that
the storage of flammable, highly combustible, explosive or hazardous
chemicals shall be prohibited. Any fuel tanks and/or machinery or
other apparatuses relying upon such fuels shall be stored only in
an external storage area as described above.
E.
Because of the danger from fire or explosion caused by the accumulation
of vapors from gasoline, diesel fuel, paint, paint remover, and other
flammable materials, the repair, construction or reconstruction of
any boat, engine, motor vehicle or furniture is prohibited.
F.
No door openings for any mini warehouse storage unit shall be constructed
facing any residentially zoned property.
G.
Mini warehouses shall be used solely for the dead storage of property.
(1)
The following lists examples of uses expressly prohibited upon the
site:
(a)
Auctions, commercial wholesale or retail sales, or garage sales;
(b)
The servicing, repair or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances or other similar equipment;
(c)
The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other similar
equipment;
(d)
The establishment of a transfer and storage business; and
(e)
Any use that is noxious or offensive because of odors, dust,
noise, fumes or vibrations.
(2)
The applicant shall adequately demonstrate that all mini warehouses'
rental and/or use contracts shall specifically prohibit these uses.
[Amended 5-10-2017 by Ord. No. 3-2017; 5-23-2018 by Ord. No. 3-2018; 4-24-2019 by Ord. No. 4-2019]
A.
Noncommercial keeping of livestock is a permitted use within the
C, A and R Zones. Within the RE Zone, noncommercial keeping of livestock
is permitted by special exception, subject to the criteria stated
in this section. All noncommercial keeping of livestock under this
section shall be subject to the following criteria:
(1)
Minimum lot area: two acres.
(a)
Additionally, the following list specifies additional area requirements
by size of animals kept (except as otherwise specified, the number
of animals permitted per acre shall be rounded down to the nearest
whole number):
[1]
Group 1. Animals whose average adult weight is less than 10
pounds shall be permitted at an animal density of 12 per acre and
with a maximum number of 36 animals;
[2]
Group 2. Animals whose average adult weight is between 10 and
65 pounds shall be permitted at an animal density of two per acre,
with a maximum number of 20 animals; and
[3]
Group 3. Animals whose average adult weight is greater than
65 pounds shall be permitted at an animal density of one per acre,
with a maximum number of five animals.
(b)
The keeping of a combination of animal types (Groups 1, 2 and
3) shall require an animal density equal to the ratio of the number
of animals by type. In no case shall a lot contain more than 50 total
animals. Should one structure be used to house a combination of animal
types, the most restrictive setback shall apply.
(2)
The following lists minimum setbacks (from all property lines) imposed
upon the placement of any structure or enclosure used to house noncommercial
livestock.
(3)
In the RE and R-1 Zones, all structures used to house noncommercial
livestock shall be prohibited from placement in the front yard.
(4)
In the R Zone, all structures used to house noncommercial livestock
shall be prohibited from the placement in the front yard of properties
less than five acres.
(5)
All outdoor pasture/recreation areas and housing for the animals
shall be enclosed with fencing and roofing as necessary to prevent
the escape of the animals from the subject lot.
(6)
All animal wastes shall be properly stored and disposed of so as
not to be objectionable at the site's property lines. All animals,
their housing, and their outdoor pasture/recreation areas shall be
properly maintained so as not to become a nuisance to adjoining properties.
Noncommercial keeping of livestock must comply with the Pennsylvania
Nutrient Management Regulations, 25 Pa. Code Chapter 83, Subch. D,
as required by the Department of Environmental Protection; and a waste
disposal plan to that effect will be prepared and followed.
(7)
All noncommercial keeping of livestock must comply with minimum standards
of animal care as required by Pennsylvania law, 18 Pa.C.S.A. § 5531
et seq., regarding animal cruelty provisions.
(8)
Livestock structures shall comply with the accessory building height
requirements of the zoning district.
B.
Chickens. Noncommercial keeping of chickens is a permitted use in
the C, A, R, RE and R-1 Zones, subject to the following:
(1)
Chickens shall not be kept on duplex, multiple-family, quadruplex,
townhouse, multifamily properties or in mobile home/manufactured home
parks.
(3)
Chickens shall be permitted on lots with a minimum lot area of 1/3
acre at an animal density of 12 per acre and with a maximum number
of 24 animals. For lots with a lot area of 1/3 acre, no more than
four chickens are permitted.
(4)
The structure or enclosure used to house the chickens is an accessory
building and accessory use. Chicken enclosures or structures shall
be constructed as to prevent rodents from being harbored underneath
or within the enclosure.
(5)
In all zones, the structure or enclosure used to house the chickens
shall be subject to a minimum setback of 15 feet.
(6)
No ducks, geese, turkeys, peafowl, or male chickens/roosters, or
any other poultry or fowl may be kept under the provisions of this
section.
(7)
Chickens shall be kept for personal use of the residents of the subject
lot only. The selling of chickens, chicken manure, or the breeding
of chickens for commercial purposes is prohibited.
(8)
Chickens shall not be permitted to trespass on neighboring properties.
(9)
Chickens shall not be permitted to create a nuisance consisting of
detectable odor, pests or to contribute any other nuisance condition.
C.
Other than as permitted by this section or otherwise permitted by
this chapter, all other noncommercial keeping of livestock, including
chickens, is prohibited.
D.
Where a use under this section is permitted subject to a minimum
lot area, a subdivision of a lot shall terminate the use permitted
by this section if the remaining lot no longer meets the minimum lot
area requirement.
Subject to the following criteria, stables, kennels and nonprofit
animal rescues are permitted uses within the C and A Zones. Also,
subject to the following criteria, stables are a permitted use in
the R Zone:
A.
Minimum lot area: 10 acres.
B.
Any structure used for the boarding of horses shall be set back at
least 200 feet from any property line. Any structures used for the
boarding of dogs or cats for the purpose of a kennel or nonprofit
animal rescue shall be set back at least 400 feet from any property
line.
C.
All stables, kennels and nonprofit animal rescues shall be maintained
so to minimize odors perceptible at the property line.
D.
All outdoor training, show, riding, boarding, running or pasture
areas shall be enclosed by a minimum four-foot-high fence.
E.
All parking compounds and unimproved overflow parking areas shall
be set back at least 10 feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a fence delineating such
occasional parking facilities and preventing the parking and/or movement
of vehicles across neighboring properties.
F.
All stables, kennels and nonprofit animal rescues shall comply with
all applicable local, state and federal law.
Within the A Zone, temporary farm employee housing shall be
a permitted use, subject to the following standards:
A.
For each farm, one mobile home is permitted for the use of farm workers
(and their families) who are employed by the owner of the farm, for
such time as the employee works the land of the owner.
B.
All such units shall be located within the rear yard of the farm
dwelling and shall further comply with all setback requirements imposed
upon single-family detached dwellings.
C.
Such mobile homes shall be securely anchored to a mobile home stand;
a six-inch-thick poured concrete slab over a six-inch stone base,
the length and width of which shall be at least equal to the dimensions
of the mobile home. Each mobile home pad shall include properly-designed
utility connections.
D.
The mobile home shall be occupied at least 120 days a year by at
least one person who is employed on the farm where the mobile home
is located. If this condition is not satisfied, the mobile home shall
be removed within 120 days.
Within the C, A and R Zones, a detached single-family dwelling
that existed on the effective date of this chapter and contained (at
that time) at least 3,000 square feet may be converted into two dwelling
units as a permitted use, subject to the following:
A.
The applicant shall furnish evidence that an approved system of water
supply and sewage disposal will be utilized.
B.
No extensions or modifications to the external appearance of the
building (except fire escapes), which would alter its residential
character, shall be permitted.
C.
All floors above and below grade shall have a permanently affixed
direct means of escape to ground level.
D.
Four off-street parking spaces shall be provided.
E.
The applicant shall obtain any required land development approvals.
Within the I-2 Zone, wholesale produce and tobacco auctions
is a permitted use, subject to the following standards:
A.
No part of the subject property shall be within 200 feet of any residentially
zoned land.
B.
All access drives onto the site shall be paved for a distance of
at least 200 feet from the street right-of-way line. In addition,
a fifty-foot-long gravel section of driveway should be placed just
beyond the preceding two-hundred-foot paved section to help collect
any mud that may have attached to a vehicle's wheels.
C.
The owner and/or operator of the produce auction shall be responsible
for removing any mud from public roads caused by persons traveling
to and from the auction.
D.
The applicant shall be required to provide sufficient off-street
parking and loading so as not to require such parking or loading on
or along any road, nor upon adjoining property. If at any time after
the opening of the facility the Supervisors determine that parking,
loading or traffic backups are occurring on adjoining roads, and such
are directly related to the lack of on-site facilities on the subject
property, the Supervisors can require the applicant to revise and/or
provide additional on-site parking and/or loading space. In addition,
the Supervisors may require an unimproved grassed overflow parking
area to be provided for peak use periods. Such overflow parking areas
shall be accessible only from the interior driveways of the permanent
parking lot. Overflow parking areas shall contain fencing to prevent
vehicles from crossing adjoining properties or directly accessing
adjoining roads.
E.
The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, noise, light, litter, dust and pollution.
F.
The proposed use shall front along an arterial road.
G.
Soil erosion, sedimentation and stormwater runoff shall be controlled
in accordance with all applicable laws and regulations.
H.
The applicant shall submit and continuously implement a working plan
for the cleanup of litter and other debris.
A.
If any new lot or new principal building is proposed, street trees shall be planted along all lot lines that are adjacent to the street. The species, minimum spacing and other requirements of the street trees shall meet the requirements of § 360-34, Landscaping, of Chapter 360, Subdivision and Land Development, or its successor section. After review by the Township Engineer, the Zoning Officer may allow an alternative location for the street trees if the applicant proves to the satisfaction of the Township that such location would be suitable. This tree planting requirement shall not apply to agricultural uses.
B.
If 15 or more new off-street parking spaces are proposed on a lot, then an average of one new deciduous shade tree shall be planted for each 15 new parking spaces. The trees may be planted within the interior of the parking area or around the edges but shall be in addition to any other tree planting requirement. The species and sizes of the shade trees shall meet the requirements of § 360-34, Landscaping, of Chapter 360, Subdivision and Land Development, or its successor section.
A.
All Township permits and approvals are conditioned upon the applicant
receiving any needed permits or approvals that may be required for
activity within or adjacent to a waterway from the State Department
of Environmental Protection, the Army Corps of Engineers, the Federal
Emergency Management Agency or other entities.
B.
Any street, driveway or utility crossing of a perennial stream shall
be approximately perpendicular to the stream, to the maximum extent
feasible. As part of any street, driveway or utility construction
within or adjacent to a stream, the applicant shall complete remedial
measures to mitigate the impact upon the stream, including planting
of trees and thick lower-level vegetation and use of best management
practices.
C.
All lots adjacent to a perennial stream shall contain a contiguous
lot area that meets the minimum lot area required for that use and
district after the deletion of wetlands from the lot area. The Township
may require that areas of wetlands be placed on a lot with adequate
legal provisions and appropriate ownership to ensure proper conservation
of the resource.
D.
All areas within 75 feet from the top of the primary bank of the
Conodoguinet Creek and within 75 feet from the center of any other
perennial stream shall not be occupied by any of the following: a
new building, new or expanded vehicle parking, or new or expanded
business outdoor storage.
E.
No new or expanded building, vehicle parking or business outdoor
storage area shall be located less than 20 feet from a wetland. A
wetland shall be defined as an area defined under state or federal
regulations as a wetland, whichever is more inclusive.
(1)
A setback shall not apply to wetlands that the applicant proves to
the satisfaction of the Township Engineer were clearly man-made, such
as within detention basins or man-made drainage ditches.
F.
Vegetation. Where existing trees and/or shrubs are removed from lands
that are less than 75 feet from the top of the primary bank of a perennial
stream as part of, or in preparation to, subdivision, land development
or permitted construction of a new building, then new trees and shrubs
shall be planted and maintained. The new trees and shrubs shall have
the same or better impact upon controlling erosion and filtering pollutants
from runoff as the trees and/or shrubs that were removed. Mature healthy
trees shall only be removed within this seventy-five-foot-wide area
as part of a development where there is no feasible alternative, such
as to allow a utility crossing.
(1)
Publications of the Pennsylvania Department of Conservation and Natural
Resources (including "Stream ReLeaf") and/or other governmental or
nonprofit organizations shall be used as standards for the planting
of the buffer. These publications include recommended species. During
the time period of any maintenance agreement with the developer, the
developer shall replace any such trees or plants that do not survive
within 100 days afterwards. If such trees and plants fail to survive
after any maintenance agreement has expired, they shall be replaced
within 100 days afterwards by the current owner of the property. The
Township may require that restrictive covenants, homeowners' association
agreements and/or the deed include a note specifying this responsibility.
G.
Waterways without a defined floodplain. Where a waterway or major
drainageway exists that has more than 600 acres of land draining into
the drainageway, and the waterway or drainageway has not been studied
as part of federal floodplain mapping, then the Township may require
the applicant to complete a professional study to determine the extent
of the one-hundred-year floodplain along that waterway or drainageway.
The Township restrictions on construction of buildings in a one-hundred-year
floodplain shall then apply within such area determined by the study
to be subject to a one-hundred-year flood.
This section shall only regulate exterior lighting that is visible
from lot lines or public streets.
A.
Streetlighting exempted. This section shall not apply to:
B.
Height of lights. No luminary, spotlight or other light source that
is within 200 feet of a lot line of an existing dwelling or approved
residential lot shall be placed at a height exceeding 35 feet above
the average surrounding ground level. This limitation shall not apply
to lights needed for air safety nor lights intended solely to illuminate
an architectural feature of a building, nor lighting of outdoor public
recreation facilities.
C.
Diffused. All light sources, including signs, shall be properly diffused
as needed with a translucent or similar cover to prevent exposed bulbs
from being directly visible from streets, public sidewalks, dwellings
or adjacent lots.
D.
Shielding. All light sources, including signs, shall be shielded
around the light source and carefully directed and placed to prevent
the lighting from creating a nuisance to reasonable persons in adjacent
dwellings and to prevent the lighting from shining into the eyes of
passing motorists.
E.
Flickering. Flashing, flickering, oscillating or strobe lighting
are prohibited, except for nonadvertising seasonal lights between
October 25 and January 10.
F.
Spillover. Exterior lighting on an institutional, commercial or industrial
property shall not cause a spillover of light onto a residential lot
that exceeds 0.5 horizontal footcandle at a distance 10 feet inside
the residential lot line.
G.
Gasoline sales canopies. Any canopy over gasoline pumps shall have
light fixtures recessed into the canopy, shielded or screened by an
extension around the bottom of the canopy so that lighting elements
are not visible from another lot or street.
H.
Horizontal surface lighting. For the lighting of predominantly horizontal
surfaces, such as but not limited to parking areas, streets, driveways,
pedestrian walkways, outdoor sales and storage areas, vehicle fueling
facilities, vehicle sales areas, loading docks, recreational areas,
and building entrances, fixtures shall be aimed downward and shall
meet the standards for a full-cutoff light fixture. A full-cutoff
light fixture shall be a fixture in which no light is emitted at or
above a horizontal plane drawn through the bottom of the fixture and
no more than 10% of the lamp's intensity is emitted at or above an
angle 10° below that horizontal plane at all lateral angles around
the fixture. Fixtures with an aggregate rated lamp lumen output per
fixture that does not exceed the rated output of a standard one-hundred-watt
incandescent lamp are exempt from the requirements of this subsection.
I.
Nonhorizontal lighting. For lighting of predominantly nonhorizontal
surfaces, such as, but not limited to, facades, signs and displays,
fixtures shall be fully shielded and shall be installed and aimed
so as to not project their output into the windows of neighboring
residences, adjacent uses, past the object being illuminated, skyward
or onto a public roadway. Fixtures with an aggregate rated lamp lumen
output per fixture that does not exceed the rated output of a standard
one-hundred-watt incandescent lamp are exempt from the requirements
of this subsection.
(1)
However, lighting shall be allowed of the United States flag from
dusk to dawn, provided the light source shall have a beam spread no
greater than necessary to illuminate the flag.
J.
Sign lighting.
K.
Unshielded light bulbs. The use of multiple unshielded incandescent
light bulbs that are hung on poles or strung on wires is prohibited,
except for allowed temporary festivals serving a charitable or public
purpose.
A.
Purposes. To promote management of forests for long-term benefits;
promote good forest stewardship; protect adjoining property owners;
minimize the potential for adverse environmental impacts; and avoid
unreasonable restrictions on forestry.
B.
Applicability. Forestry shall be permitted by right in all zoning
districts, provided it complies with the requirements of this chapter.
This section shall regulate all forestry when the total harvesting
area is one acre or greater in a calendar year.
(1)
These provisions shall not regulate the following:
(a)
Cutting of up to 10% of trees with a trunk diameter of six inches
or greater (measured 4.5 feet above the ground level) on a lot in
any calendar year, provided such cutting does not involve clear-cutting
but instead involves routine thinning of woods.
(b)
Cutting of trees with a trunk diameter of less than six inches
(measured 4.5 feet above the ground level).
(c)
Cutting of dead or diseased or hazardous trees.
(d)
Cutting of trees that the applicant proves to the Zoning Officer is necessary to accommodate a Township-approved subdivision, land development, street, driveway, building, utility or use. See § 360-14C(6) of Chapter 360, Subdivision and Land Development.
C.
Application requirements. An application for forestry shall be made
a minimum of 30 days prior to the start of work. No forestry shall
occur until a zoning permit has been issued by the Zoning Officer.
(1)
The application shall include a written forest management plan, which
shall be prepared by a qualified professional with at least a bachelor's
degree in a forestry-related field and/or at least four years' professional
experience in forest management. The provisions of the plan shall
be followed throughout the operation. The plan shall be available
for inspection at the harvest site at all times during the operation.
(2)
The landowner, the applicant and the timber operator shall be jointly
and separately responsible for complying with the terms of the forestry
plan and permit.
(3)
The applicant shall specify, in writing, the land on which harvesting
will occur, the expected size of the harvest area, and the anticipated
starting and completion date of the operation. The zoning permit shall
be valid for up to two years from the date of issuance.
(4)
The forestry plan shall include, at a minimum, the following information:
(a)
A narrative of proposed cutting practices for each stand in
the proposed harvest area and the construction, maintenance and retirement
of the access system, including haul roads, skid roads, skid trails
and landings.
(b)
An erosion and sedimentation control plan approved by the County
Conservation District if over one acre will be disturbed.
(c)
All timbering activities shall use best management practices,
which shall be shown on the plan.
(d)
A narrative of all stream and road crossings, including required
permits from the appropriate agency.
(e)
All Township and/or PennDOT highway occupancy permits, if applicable.
(f)
An application shall be submitted to the Township, with a map
showing waterways, drainageways, approximate wetlands, lakes, roads,
lot lines, and proposed harvest areas.
(g)
The application shall also include the name and address of the
property owner and the person who will be responsible to oversee the
forestry.
(h)
The application shall also show proposed erosion and sedimentation
control measures, proposed crossings of waterways and proposed vehicle
entrance and exit points onto streets.
(i)
The forestry management plan shall be compared in writing to
the Timber Harvesting Guidelines of the Pennsylvania Forestry Association
or published standards of a similar recognized professional association
to show whether such guidelines will or will not be met and to explain
reasons for noncompliance with such guidelines.
D.
Forestry practices.
(1)
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Township or PennDOT, whichever
is responsible for maintenance of the street.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare,
trail or private roadway providing access to adjoining residential
property.
(3)
All tops and slash between 25 and 50 feet from a public street right-of-way
or private road providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be lopped
so that they do not extend more than four feet above the surface of
the ground.
(4)
Forestry is prohibited within 50 feet of the top of the bank on each
side of all perennial waterways, except this distance may be reduced
to 25 feet if all of the following conditions are met:
(a)
The basal area of trees in that area within the fifty-foot setback
shall not be reduced below 50% of the basal area present before cutting.
(b)
Trees to be cut within the fifty-foot zone described shall be
marked with paint or ribbons prior to the start of forestry.
(c)
All earthmoving within this area shall be minimized or fully
avoided.
(5)
No tops or slash shall be left within a stream channel or within
25 feet of the stream bank.
(6)
The use of clear-cutting must be fully justified by a forestry plan
prepared by a qualified professional. Clear-cutting shall be prohibited
within 50 feet from the banks of a perennial creek.
E.
Public road responsibility. The landowner and the operator shall
be responsible for repairing any damage at locations of entry or exit
to public roads caused by traffic associated with the forestry operation
to the extent the damage is in excess of that caused by normal traffic.
F.
Note: The definition of forestry is limited to activity that is not part of land development. For other types of tree removal, see § 360-14C(6) of Chapter 360, Subdivision and Land Development.
G.
Erosion control. All forestry operations shall require the preparation
of an erosion and sediment control plan following standards of the
County Conservation District for a timber harvesting operation. Such
plan shall be submitted by the applicant to the Township and be adhered
to. A copy of the plan shall be kept on site by the operators. If
the forestry involves more than 10 acres, then such plan shall be
submitted to the County Conservation District for preapproval.
