The supplementary regulations in this article supplement the requirements of Articles
IV through
XIV governing each zoning district and shall apply to all uses in all zoning districts.
The following uses shall apply to all permitted uses, conditional
uses and uses by special exception in the A-P, C-1, C-2, C-3 and H-I
Districts. All conditional uses and uses by special exception in all
districts shall comply with the requirements of this section. In order
to determine whether a proposed use will conform to the requirements
of this chapter, the Board of Supervisors or Zoning Hearing Board
may require a qualified consultant to testify, whose cost for services
shall be borne by the applicant.
A. Environmental performance standards. All properties shall be subject
to the following environmental performance standards. It shall be
unlawful to excavate, fill or clear vegetation prior to submission
of plans for development which show compliance with the following
standards:
(1)
Floodplains. All areas identified as flood-prone by the Federal Insurance Administration of the Department of Housing and Urban Development shall be subject to the regulations of Chapter
128, Floodplain Management.
(2)
Slopes. The following restrictions shall apply to all lands
which have a natural or finished slope in excess of 8%:
(a)
Slopes of 8% to 15%: No more than 60% of these areas shall be
developed and/or regraded or stripped of vegetation.
(b)
Slopes of 16% to 24%: No more than 40% of these areas shall
be developed and/or regraded or stripped of vegetation.
(c)
Slopes of 25% or more: No more than 20% of these areas shall
be developed and/or regraded or stripped of vegetation.
(3)
Landslide-prone areas. Proposed development of areas which have
moderate to high landslide susceptibility shall be reviewed by a professional
engineer or landscape architect whose credentials are acceptable to
the Township to assess necessary precautions, if any, in the design
of the development to protect the site and adjoining properties. The
cost of the review shall be borne by the applicant.
(4)
Potential mine subsidence areas. In areas where deep mining
has occurred, the potential for mine subsidence exists, particularly
where the overburden is 100 feet or less. Plans for development of
sites which have such characteristics shall be submitted to the Pennsylvania
Department of Environmental Protection, Bureau of Mining and Reclamation
for comment about necessary precautions, if any.
(5)
Woodlands. No more than 50% of any woodland, as defined by this
chapter, shall be cleared or developed. The remaining 50% shall be
maintained as permanent open space.
(6)
Lakes and ponds. Lakes and ponds, as defined by this chapter,
shall be maintained as permanent open space. No development, filling,
piping or diverting shall be permitted, except for the construction
of public streets, subject to the approval and necessary permits from
the Pennsylvania Department of Environmental Protection, Bureau of
Dams and Encroachments.
(7)
Stormwater drainage and management. Stormwater drainage and management plans shall be prepared for each proposed development in accordance with Chapter
225, Stormwater Management, as amended. Unless otherwise indicated by the requirements of the Pennsylvania Department of Environmental Protection, Division of Safety and Waterway Management, the following shall apply:
(a)
Stormwater drainage: Culverts, pipes and other water-carrying
structures shall be designed to carry the peak discharge from the
ten-year post-development storm with a rainfall intensity as established
by PennDOT Rainfall Intensity-Duration-Frequency Curves. The Rational
Equation shall be used in determining the runoff volumes.
(8)
Soil erosion and sedimentation. All developments shall protect
streams and ponds from sedimentation damage and control erosion in
accordance with the Clean Streams Law (P.L. 1987), 35 P.S. §
691.1 et seq.; Title 25 Pa. Code Chapter 102, Erosion and Sediment
Control, Pennsylvania Department of Environmental Protection. All
developments of any size shall submit a soil erosion and sedimentation
control plan to the Township.
B. Fire protection. Fire prevention and firefighting equipment acceptable
to the Board of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
materials is carried on.
C. Electrical disturbance. No activity shall cause electrical disturbance
adversely affecting radio or other equipment in the vicinity.
D. Noise. The ambient noise level of any operation (other than those
exempted below) shall not exceed the decibel levels prescribed. The
sound pressure level or ambient level is the all-encompassing noise
associated with a given environment, being a composite of sounds from
any source, near and far. For the purpose of this chapter, ambient
noise level is the average decibel level recorded during observations
taken in accordance with the procedure specified below taken at any
time when the alleged offensive noise is audible, including intermittent,
but recurring, noise.
(1)
Averaging may be done by instrument analysis in accordance with
American National Standard S1.13-1971 or may be done manually, as
follows:
(a)
Observe a sound level meter for five seconds and record the
best estimate of central tendency of the indicator needle and the
highest and lowest indications.
(b)
Repeat the observations as many times as necessary to determine
that there are decibels between the lowest low indication and the
highest high indication.
(c)
Calculate the arithmetical average of the observed central tendency
indications.
(2)
No operation or activity shall cause or create noise in excess
of the sound levels prescribed below.
(a)
Residential districts. At no point beyond the boundary of any
lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 60
dBA.
(b)
Commercial districts. At no point on or beyond the boundary
of any lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 65
dBA.
(c)
Airport and industrial districts. At no point on or beyond the
boundary of any lot within these districts shall the exterior noise
level resulting from any use or activity located on such lot exceed
a maximum of 75 dBA.
(d)
Where two or more zoning districts in which different noise
levels are prescribed share a common boundary, the most restrictive
noise level standards shall govern.
(e)
The following uses or activities shall be exempted from the
noise regulations:
[1]
Noises emanating from construction or maintenance activities
between 7:00 a.m. and 9:00 p.m.;
[2]
Noises caused by safety signals, warning devices and other emergency-related
activities or uses; and
[3]
Noises emanating from public recreational uses between 7:00
a.m. and 10:00 p.m.
(f)
In addition to the above regulations, all uses and activities
within the Township shall conform to all applicable county, state
and federal regulations. Whenever the regulations contained herein
are at variance with any other lawfully adopted rules or requirements,
the more restrictive shall govern.
E. Vibrations. Vibrations detectable without instruments on neighboring
property in any district shall be prohibited.
F. Odors. No use shall emit odorous gas or other odorous matter in such
quantities as to be offensive at any point on or beyond the lot lines.
The guide for determining such quantities shall be the fifty-percent
response level of Table I (Odor Thresholds in Air), "Research on Chemical
Odors: Part I – Odor Thresholds for 53 Commercial Chemicals,"
October, 1968, Manufacturing Chemists Association, Inc., Washington,
D.C.
G. Storage and waste disposal.
(1)
No highly flammable or explosive liquids, solids or gases shall
be stored in bulk above ground, except for the following:
(a)
Tanks or drums of fuel connected directly with energy devices
or heating appliances located and operated on the same lot as the
tanks or drums of fuel, which shall be specifically designed to handle
the material.
(b)
Tanks or drums for storage of less than 300 gallons of fuel
oil (other than that used for home heating) or gasoline, provided
such tanks are located no closer than 25 feet to any building or lot
line or 50 feet from any street line.
(2)
All outdoor storage facilities for fuel, raw materials and products
and all fuel, raw materials and products stored outdoors shall be
enclosed by a six-foot-high chain-link fence or equivalent approved
by the Zoning Officer.
(3)
No materials or wastes shall be deposited on a lot in such form
or manner that they may be transported off the lot by natural cause
or forces; nor shall any substance which can contaminate wells, watercourses
or potable water supplies otherwise render such wells, watercourses
or potable water supplies undesirable as sources of water supply or
recreation; nor shall any substance which will destroy aquatic life
be allowed to enter any wells, watercourses or potable water supplies.
(4)
Any materials or wastes which may cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
containers adequate to eliminate such hazards.
H. Smoke, ash, dust, fumes, vapors and gases. There shall be no emission
of smoke, ash, dust, fumes, vapors or gases which violates applicable
federal, state or county laws or regulations.
I. Glare. Lighting devices which produce objectionable direct or reflected
glare greater than 35 footcandles on adjoining properties or public
streets shall not be permitted.
J. Erosion. No erosion by wind or water shall be permitted which will
carry objectionable substances onto neighboring properties.
K. Water pollution. Water pollution shall be subject to the standards
established by the PA DEP.
L. Determination of compliance with performance standards. During the
review of an application for zoning approval, the applicant may be
required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Township may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues, and the Township may seek advice from a qualified
technical expert. All costs of the expert's review and report
shall be paid by the applicant. A negative report by the technical
expert and the applicant's refusal or inability to make alterations
to ensure compliance with this section shall be a basis for denying
approval of the application.
M. Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation
of the performance standards and, subject to the approval of the Board
of Supervisors, may employ qualified technical experts to assist in
the determination of a violation. Costs of the services of such experts
shall be paid by the owner or operator of the facility or use accused
of the violation if the facility or use is found to be in violation.
If the facility or use is found to be in compliance with the performance
standards, said costs shall be borne by the Township.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with §
280-144 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
In addition to the yard requirements specified in each zoning
district, the following yard requirements shall apply in all zoning
districts to the applicable circumstances described below.
A. Corner lots. Corner lots shall provide front yards on each street
frontage. The remaining two yards shall constitute side yards.
B. Nonconforming lots of record. See §
280-130.
C. Accessory structures. In all zoning districts the following regulations
shall apply to accessory structures:
(1)
Private swimming pools accessory to a dwelling shall be located
at least 10 feet from the dwelling or any property line. Swimming
pools shall comply with the applicable requirements of the 2009 IRC
regulations, Appendix G, Pool Barriers.
(2)
Private tennis courts accessory to a dwelling. Tennis courts
accessory to a dwelling shall be located only in a side or rear yard
and shall be no closer to the side or rear property line than 20 feet.
If lighting is proposed, the lighting shall be shielded so that it
does not reflect on any adjoining property. All tennis courts shall
be enclosed by a fence which is a minimum of 10 feet in height and
a maximum of 12 feet in height and which shall contain openings equal
to 50% or more of the surface area of the fence.
(3)
Fences:
(a)
In residential zoning districts, fences no greater than six
feet in height shall be permitted in the required rear or side yards.
In residential zoning districts, fences which contain openings equal
to at least 75% of the surface area of the fence and which are not
more than four feet in height shall be permitted in the required front
yard, provided they are decorative and do not enclose the entire front
yard.
(b)
In C Commercial and A-P Airport Districts, the maximum height
of a fence shall be eight feet.
(c)
In the H-I Industrial District, the maximum height of a fence
shall be 10 feet.
(4)
Fences, walls and buffer areas. All walls, fences and buffer
areas or landscaping material shall be located so as to not obstruct
pedestrian access, visibility for traffic on adjacent streets or traffic
entering or leaving the property or adjacent properties.
(5)
Satellite dish antennas. Only one satellite dish antenna shall
be permitted on a residential lot. In all zoning districts, satellite
dish antennas shall not be permitted in front yards. In residential
zoning districts, the maximum diameter of any satellite dish antenna
installed on any lot or on any roof or above any building shall be
12 feet. In zoning districts other than residential, the maximum diameter
of any satellite dish antenna installed on any lot or on any roof
or above any building shall not exceed 20 feet. In all zoning districts,
the maximum height of any freestanding satellite dish antenna shall
be 20 feet. In all zoning districts, no part of any satellite dish
antenna shall be located closer than 10 feet to any property line.
(6)
Radio or television antennas. A radio or television antenna
shall be permitted as an accessory use, subject to the following requirements:
(a)
A radio or television antenna structure may be mounted on a
roof or installed in a rear yard area only, provided that no such
structure shall be located within 20 feet of any property line.
(b)
The maximum height for such structure shall not exceed that
otherwise allowed in the zoning district in which it is located by
more than 20 feet. If placed on a roof, any antenna exceeding eight
feet shall be mounted with guide wires.
(c)
Any such structure shall comply with applicable airport zoning
and Federal Communications Commission regulations.
(d)
Radio or television antenna structures located on the ground
shall be screened from adjacent properties by evergreen trees or other
suitable material, as approved by the Township.
(7)
Structures accessory to industrial uses. In the H-I Industrial
District, no accessory structure to an industrial or warehousing use
shall be permitted in a front yard. Accessory structures shall be
permitted in a side or rear yard, provided that they shall be located
at least 20 feet from the side or rear lot line.
(8)
Canopies and similar structures. Canopies and similar permanent
freestanding roofed structures without walls shall be permitted to
cover outdoor seasonal display and sales areas or fuel dispensing
areas accessory to authorized uses in the C-2 General Commercial and
I-1 Industrial Districts, provided that:
(a)
Such structure shall not be attached to the principal building;
(b)
Such structure shall be located at least 10 feet from any property
line or street right-of-way;
(c)
Such structure shall not be enclosed; and
(d)
Such structure shall be removed immediately once the principal
use or the use of the accessory structure is discontinued.
(9)
Accessory storage structures and detached garages. Storage structures
accessory to a single-family dwelling which have a total floor area
of 180 square feet or less shall be located at least five feet from
the rear property line and shall be located at least 10 feet from
a side property line, but shall not be located in any front yard.
All storage structures accessory to a dwelling which have a total
floor area of more than 180 square feet and all detached garages shall
not be located in the required front yard, required rear yard or required
side yards.
(10)
Distance from principal building. All accessory structures shall
be located at least 10 feet from any principal building, except that
a detached garage may be connected to the principal building by contiguous
side walls, breezeways or similar connections.
D. Visibility at intersections. No object, including, without limitation,
fences, hedges, trees and other plantings, buildings, structures,
walls, signs and motor vehicles, exceeding a height of three feet
as measured from the lowest elevation of the center line of any abutting
street, shall be temporarily or permanently placed, erected, installed
or parked within the clear sight triangle required on a corner lot.
The required clear sight triangle on a corner lot shall be determined
as follows:
(1)
Residential districts. The street lines abutting the corner
lot shall form the legs of the clear sight triangle. Each of the legs
shall extend a distance of 30 feet from the point of intersection
of the street lines abutting the corner lot. The hypotenuse of the
clear sight triangle shall be formed by drawing a straight line joining
the legs at their farthest point from the vertex of the triangle.
(2)
Airport, commercial and industrial districts. The street lines
abutting the corner lot shall form the legs of the clear sight triangle.
Each of the legs shall extend a distance of 30 feet from the point
of intersection of the street lines abutting the corner lot. The hypotenuse
of the clear sight triangle shall be formed by drawing a straight
line joining the legs at their farthest point from the vertex of the
triangle.
The following shall be permitted to project into any required
yard in any zoning district, as follows:
A. Typical architectural features, including, but not limited to, bay
windows, window sills, chimneys, cornices and eaves, shall be permitted
to project into required yards no more than 18 inches.
B. Decks and their stairs and unenclosed porches without enclosed habitable
foundation and without a roof shall be permitted to project into required
front and side yards no more than three feet and shall be no closer
to the rear property line than 20 feet. Steps attached to the principal
building and open fire escapes shall be permitted to project into
required yards no more than 36 inches.
The height limitations of this chapter shall not apply to the
following structures: Church spires, chimneys, elevator bulkheads
and other mechanical equipment which is part of the principal structure,
conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks,
public utility structures, and other structures not intended for human
habitation which do not exceed the height limitations of the zoning
district by more than 15 feet.
All businesses which propose drive-through facilities, as defined
by this chapter, as accessory uses or principal uses shall meet all
of the following requirements:
A. The property shall have frontage on and direct vehicular access to
an arterial or collector street, as defined by this chapter.
B. In addition to the parking spaces required for the principal use,
a minimum of five standing spaces, in one lane, with a total length
of 100 feet, in direct line with each window or stall, shall be provided
for vehicles to wait in line. The standing space shall not interfere
with the use of any required parking spaces and shall not inhibit
the free flow of traffic on the property. The standing spaces shall
be designed so that waiting vehicles shall not stand in any right-of-way
or overflow onto adjacent properties, streets or berms.
C. Entrances, exits and standing spaces shall be adequately indicated
with pavement markings and/or directional signs.
D. Parking areas and circulation patterns shall be adequately striped
and marked to facilitate traffic circulation on the property.
Temporary construction trailers or model homes or sales offices
shall be permitted in any zoning district, subject to the following
conditions:
A. Temporary construction trailers shall be permitted only during the
period that the construction work is in progress under a valid building
permit or under Township approval to install public improvements.
The temporary construction trailer shall be removed upon completion
of the construction authorized under a building permit or upon completion
of the installation of the public improvements in a plan of subdivision.
In the event that construction is phased, the temporary construction
trailer shall be moved from the completed phase to the next phase
when 90% of the required improvements in the completed phase have
been installed as determined by the Township Engineer.
B. Model homes or sales offices shall be permitted only until 90% of
the lots or dwelling units in the development are sold. In the case
of a phased development, the use of a model home or sales office shall
be permitted to continue only if the subsequent phase is initiated
within six months of the completion of 90% of the lots or dwelling
units in the prior phase.
C. A permit for the temporary structure or use shall be obtained from
the Zoning Officer prior to the commencement of construction and shall
be renewed every six months.
D. Temporary construction trailers shall be located on the lot on which
the construction is progressing and shall not be located within 25
feet of any property line adjoining a residential use.
E. Temporary construction trailers shall be used only as temporary field
offices and for storage of incidental equipment and supplies and shall
not be used for any dwelling use whatsoever.
F. No combustible materials shall be stored in temporary construction
trailers.
G. Model homes shall be located on a separate lot and shall meet all
the requirements for permanent dwellings in the zoning district in
which they are located. Sales offices may be located in a model home
or may be located in a trailer located on a vacant lot in the plan
or on the site of construction. If the sales office is located in
a trailer, the trailer shall not be located within 25 feet of any
property line adjoining a residential use.
H. Model homes or sales offices located in a trailer shall not be utilized
for any dwelling use whatsoever during the time they are approved
as a temporary use or structure in accordance with the provisions
of this section.
I. Model homes or sales offices shall be used primarily for sales associated
with the development in which they are located and shall not be used
as the only place of business for the listing realtor.
Agricultural activities, including greenhouses, stables, kennels
and animal husbandry, shall be subject to the following requirements:
A. Storage of manure, odor- or dust-producing substances shall be located
at least 200 feet from any property line.
B. Any building used for the keeping, raising or feeding of livestock
and poultry shall be located at least 200 feet from any street line
and from any adjacent landowner's well or dwelling and not less
than 100 feet from the landowner's well or property line.
C. Animal shelters or runs shall be located no closer than 200 feet
to any property line.
D. Greenhouse heating plants shall be at least 100 feet from any property
line. The retail sales area for a greenhouse shall not exceed 1,200
square feet. The growing area shall not be considered sales area.
E. The minimum lot area required for keeping horses shall be five acres.
Minimum pasture area for grazing horses shall be not less than two
acres per horse.
F. No stable shall be located within 200 feet of any property line or
occupied dwelling, other than the stable owner's dwelling.
G. All grazing and pasture areas shall be adequately fenced.
H. Outdoor kennels shall be located at least 300 feet from any occupied
dwelling on an adjacent lot and at least 200 feet from any property
line which adjoins an R-1, R-2 or R-3 District.
When required, all new construction and additions or enlargements
of existing structures or facilities shall comply with the most recent
regulations for accessibility as specified in the Americans with Disabilities
Act (ADA).
One permanent secondary dwelling shall be permitted to be constructed
on a lot or parcel where the principal use is agriculture, as defined
by this chapter, without subdividing the property for the secondary
dwelling, providing that all of the following requirements are met:
A. If the property were to be subdivided in the future, the area proposed
for the secondary dwelling would be capable of meeting the current
minimum lot area and lot width requirements specified for a single-family
dwelling in the R-D Zoning District without creating a nonconforming
lot for the existing dwelling.
B. Adequate vehicular access to a public street is provided for the
secondary dwelling.
C. If a mobile home is proposed to be erected for the secondary dwelling, it shall be subject to the requirements of §
280-115 of this chapter.
D. The owner of the secondary dwelling shall be the owner of the original dwelling. The secondary dwelling shall not be sold to any other party unless and until a plan of subdivision is recorded in the Washington County Recorder of Deeds office in accordance with all applicable requirements of Chapter
242, Subdivision and Land Development.
E. The sole purpose of the secondary dwelling shall be to provide a
permanent dwelling for a person or persons who are working on the
farm as tenants or as paid or unpaid employees.
A mobile home which is proposed to be used as a single-family
dwelling and is to be erected on an individual lot of record outside
a mobile home park shall meet the following requirements:
A. The lot shall meet all applicable requirements for a single-family
dwelling in the zoning district in which it is proposed to be located.
B. The mobile home shall meet the specifications for manufacture of
mobile homes as set forth in the United States Standards Institute,
"Standards for Mobile Homes," USA Standard A119.1-1969, NFPA No. 501B-1968,
and any subsequent modification or amendment of such standards.
C. The mobile home shall bear the seal of the United States Department
of Housing and Urban Development (HUD).
D. The mobile home shall be installed upon, and securely fastened to,
a frost-free foundation or footer and, in no event, shall it be erected
on jacks, loose blocks or other temporary materials.
E. An enclosure of compatible design and material shall be erected around
the entire base of the mobile home. Such enclosure shall provide sufficient
ventilation to inhibit decay and deterioration of the structure.
F. The mobile home shall be connected to public water and a public sewer
system, if available. If not, the owner shall provide a potable water
supply from his own or an adjacent well and shall provide an on-lot
sewage disposal system that shall meet the standards of the Pennsylvania
Department of Environmental Protection (DEP).
G. Prior to occupancy, the mobile home shall be connected to available
utilities in order to provide the dwelling unit with adequate heat
and light.
H. Any garage, utility shed or other outbuilding constructed on the
lot shall conform with the standards applicable to such accessory
structures provided in this chapter.