The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
A. 
Except as specifically provided elsewhere in this chapter, no lot shall have more than one principal dwelling structure.
B. 
Where a lot is used for a permitted commercial purpose, more than one principal commercial structure may be located upon the lot, but only when such structures conform to all land use, lot coverage and yard requirements for the district in which the lot is located.
C. 
One additional single-family-home dwelling unit to be occupied by a relative may be permitted in an A-1 District, provided a minimum site of two acres* is delineated for each dwelling unit situated on the property. (*Two acres with on-lot sewerage disposal systems; one acre with public sewer or approved package treatment systems.)
D. 
The Zoning Officer may grant a permit for a period not to exceed six months, renewable once, for the temporary placement of a mobile home, travel trailer or motorized home to be used for living or housekeeping purposes under the following circumstances:
(1) 
The mobile home, travel trailer or motorized home is placed on a parcel that contains a single-family dwelling that was rendered uninhabitable by fire, storm, explosion or act of God, and the applicant for the permit had been occupying the single-family dwelling as his primary residence at the time of the adversity;
(2) 
The single-family dwelling is in the process of repair or reconstruction at the time the permit is requested or will be under repair or reconstruction within a reasonable period of time thereafter; and
(3) 
The temporary living unit is equipped with adequate provisions for sanitation and is properly anchored to withstand normal weather conditions.
E. 
Temporary structures used in conjunction with construction work shall be permitted only during the period that construction work is in progress. Permits for temporary structures shall be issued for a maximum period of six months.
A. 
Notwithstanding the limitations imposed by any other provisions of the chapter, the Board of Supervisors may permit erection of a dwelling on any lot of record (in a district where permitted by this chapter) separately owned, or under contract of sale, and containing at the time of the passage of this chapter an area or width smaller than that required for a single-family dwelling.
B. 
Side and rear yard. No structure, whether attached to the principal structures or not, including porches, garages, carports, balconies or platforms above normal grade level, shall project into any minimum side or rear yard. [See § 260-99C(3) for accessory exemption.]
C. 
Front yard.
(1) 
No structures, whether attached to the principal structures or not, including porches, garages, carports, balconies or platforms above normal grade level, shall project into any minimum front yard.
(2) 
Video satellite dish installations shall be established to the rear of the front building line, and no portion of the unit or its mounting shall be situated within any required minimum side or rear lot setback areas.
D. 
Fences/walls.
(1) 
Residential security and decorative fences and walls may be placed up to the lot line. The height of fences or walls shall not exceed three feet between the front building line and the front lot line. Those to the rear of the front building line shall not exceed six feet in height. All portions of a fence or wall shall be kept in structural and aesthetically acceptable condition by the property owner.
(2) 
Fences and walls in commercial and industrial districts may be erected to the height deemed necessary, or as specifically required by law or common usage, to achieve a stated purpose. A minimum setback of three feet shall be maintained where lot lines border residential districts or residential uses in agricultural districts. (See screening requirement in § 260-73.)
A. 
Driveways shall be designed in a manner to prevent the driveway material and associated stormwater from entering onto a public road.
B. 
Residential driveways must be a minimum of five feet from property lines, subject to the right of adjoining property owners to enter into joint driveway agreements.
C. 
Driveways for commercial and industrial uses shall have a minimum width of 20 feet unless specified otherwise by applicable regulations and must be a minimum of 10 feet from property lines. Subject to the right of adjoining property owners to enter into a joint driveway agreement. [See § 260-64A(4).]
D. 
Access drives to and from off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined entrances and exits.
A. 
No excavation that has an obvious or identified potential of creating adverse environmental circumstances, such as erosion, slip-slide areas, subsidence, significant watercourse changes, air or water pollution or similar conditions, shall be undertaken until a zoning permit has been issued by the Zoning Officer.
B. 
The applicant for a permit to proceed with excavation shall obtain all permits and authorizations required by local and any other county, state and federal governmental agencies having jurisdiction over such matters prior to approval of a zoning permit by local authorities.
C. 
Normal agricultural and yard activities, commonly and routinely engaged in by farm and residential residents in the municipality, shall not be considered excavations and shall not require permits.
D. 
No cut or fill grade shall exceed a slope of 3:1 or 33 1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.
E. 
All lands steeper than 10:1 slope from which structures or natural cover have been removed or otherwise destroyed shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.
F. 
No cutting, filling or other disturbing of land and natural vegetation is permissible within 50 feet of the center line of natural drainagecourses except as permitted by action of the Zoning Hearing Board. In such cases, the Board may grant permission, provided special precautions are taken to ensure against continuing erosion or other circumstances which may be harmful to the immediate watercourse or in any way pollute the stream. All such action shall be in accordance with PADEP rules and regulations.
G. 
All earthmoving activity shall comply with the erosion and sedimentation control amendment to the Pennsylvania Clean Streams Law of 1937, P.L. 1987 and P.L. 177,[1] all requirements of the Pennsylvania Department of Environmental Protection and other applicable federal, state, county or local agency or authority having enforcement jurisdiction.
[1]
Editor's Note: See 35 P.S. § 691.901 et seq.
*Essential services, as defined in this chapter, shall be permitted as special exceptions in all zoning districts, subject to restrictions approved by the Zoning Hearing Board with respect to use, design, yard area, setback and height. The Board shall consider the impact of the use, activity or structure involved on adjacent land uses in terms of safety, potential for property devaluation and related factors. (*See § 260-79, Cellular communication antenna.)
A. 
Measurement of height shall be the vertical height from the average elevation of finished grade at the front of the structure to:
(1) 
In case of flat-roof or domed structures: highest point of coping.
(2) 
In case of mansard roof structures: average height at top of roof.
(3) 
In case of gable or hipped roof: average height to top of roof.
B. 
The height limitations of this chapter shall not apply to flagpoles, church spires, belfries, domes or similar projections not used for human occupancy, nor to chimneys, ventilations, skylights, water tanks, public utility facilities, bulkheads, silos, antennas and other necessary mechanical and operational apparatus usually carried above the roof level.
A. 
All land use activities shall comply with the requirements of this section. The Township may require evaluation by a qualified consultant, whose cost for services shall be borne by the applicant, in cases where issues develop over the need for or the adequacy of compliance.
B. 
Fire prevention. Fire prevention and fire control equipment acceptable to standards of the Board of Fire Underwriters or other appropriate regulatory agency shall be readily available where any activity involves the handling of flammable or explosive materials.
C. 
Steady-state noise emanating from stationary equipment. Steady-state noise emanating from stationary equipment or sources, which will persist during indefinite or periodic intervals of time over a period of more than seven consecutive days onto adjacent real properties or to a receiving property within any district within the Township, shall not exceed the maximum noise levels prescribed in this section.
(1) 
No person shall cause or permit any steady-state sound to emanate from a source property which exceeds the levels set forth in Subsection C(2) of this section when measured at the following locations:
(a) 
Within 25 feet of any receiving building located in any district; or
(b) 
At any point along the boundary line between the source property and the receiving property in the A-1, R-1, R-2 and R-3 Districts.
(c) 
Sound measurements shall be made at six feet above ground level.
(2) 
Maximum permissible noise levels are:
(a) 
Daytime (7:00 a.m. to 10:00 p.m.): 75 dBA.
(b) 
Nighttime (10:00 p.m. to 7:00 a.m.): 70 dBA.
(3) 
Sound measurements made to determine compliance with the conditions and standards of this section shall be made using a sound level meter which conforms to Type 1 or Type 2 as specified in ANSI Specifications SI 4-1971.
D. 
Odor. No malodorous gas or matter that is discernible on any adjoining lot or property shall be permitted except for normal farm operations carried on in the A-1 District.
E. 
Air pollution. No pollution of air by fly ash, dust, smoke, vapors or any substance that is harmful to health, animals, vegetation or other property shall be permitted.
F. 
Erosion. No erosion by wind or water that will carry objectionable substances onto neighboring properties shall be permitted.
G. 
Water pollution. Water pollution in violation of any standards established by the Pennsylvania Department of Environmental Protection shall not be permitted.
A. 
No lot or premises may be used as a storage area or dump for garbage, junk automobiles, appliances or storage or collection of any other miscellaneous items except as provided for in appropriate articles of this chapter or other applicable Township statutes.
B. 
No more than two vehicles or other units of motorized equipment that are disabled, from which the wheels or engine have been removed, or which are not in operating condition or do not have a current motor vehicle license and/or inspection sticker attached shall be placed, parked or stored for a period exceeding 90 days in any district, nor shall any owner or occupant of the property in any district permit said property to be used for the parking or storage of such vehicles or equipment. The foregoing shall not prohibit the rental of space in a private or public garage, repairs in a permitted garage in a commercial district, or storage of vehicles in a junkyard. This regulation is not meant to apply to operable classic or antique motor vehicles, farm tractors, racers and other vehicles not requiring state inspection.
C. 
Perimeter fencing, walls and all material and equipment storage in conjunction with commercial and industrial uses which border residential districts shall be screened to minimize visibility from adjoining residential uses. The screening requirement may be waived in A-1 Districts where there is no adjoining development; however, compliance shall be required at such time as future residential development takes place. Bulk fuel storage shall be no closer than 200 feet from an existing dwelling, school, church, hospital or related residential or human services use.
D. 
Where required, a screen or buffer shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The governing body shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.
E. 
Mobile recreational equipment, such as boats, travel trailers, pickup coaches and motorized homes, parked or stored in agricultural or residential districts shall be garaged or set to the rear of the front building line.
Individual mobile home, not a part of a mobile home park, that is installed where permitted on private land as a single-family residential dwelling shall comply with all regulations for conventional dwelling houses with respect to size, setback and side lines of the district in which it will be sited, and shall meet the following additional requirements:
A. 
The mobile home shall be installed to conform with all front yard, side yard and rear yard setback lines applicable to housing in the district.
B. 
The mobile home shall be installed upon, and securely fastened to, a frost-free basement, permanent footer or comparable stable and secure base, as approved by the Township Supervisors.
C. 
An enclosure (skirting) of compatible design and material shall be erected around the entire base of any mobile home installation when the base (as required in Subsection B above) does not completely enclose open spaces between the bottom of the mobile home structure and the ground level below said structure. Said enclosures shall provide for sufficient ventilation to inhibit decay and deterioration of the structure and to deter habitation by vermin.
D. 
The owner shall provide a potable water supply and shall provide a sewage disposal system which meets all standards of the Pennsylvania Department of Environmental Protection.
A. 
Every swimming pool, not including farm ponds, that has a below-ground depth of 24 inches or more, and every swimming pool that has a height of three feet or more at its highest point above ground must comply with the side, rear and front yard setback requirements of this chapter.
B. 
Every swimming pool that is permanent in nature (all in-ground swimming pools, pools installed partially or completely below ground level and a wooden and/or metal frame exterior with a plastic liner or other liner as is customarily used in the industry that is not normally taken down during the winter months) must be enclosed with a fence of a height no less than four feet above ground level, and said fence must completely enclose said pool. Gates must have an appropriate lock installed thereon to deter unauthorized entrance.
C. 
Aboveground pools with decks utilizing a step-gate combination or a step or stairway to gain access to said pool must have a gate across the steps equipped with a workable lock or, if the steps or stairway is retractable, the same must be attached to a lock that is secured when the same are retracted.
Roadside stands for the sale of produce and related farm products produced on site in A-1 Districts shall conform to the following minimum standards:
A. 
Structures shall be a minimum distance of 15 feet from the highway right-of-way line.
B. 
An off-street parking area must be provided for patrons.
C. 
All parking areas shall be a minimum of 10 feet from the highway cartway.
Home gardening is a permitted accessory use in all A-1, R-1, R-2 and R-3 Districts. Temporary roadside stands for the seasonal sale of locally grown agricultural products in R-1, R-2 and R-3 Districts are permitted but must be set back at least 15 feet from the cartway. All stands must be removed when seasonal use is terminated. At least two off-street parking spaces must be provided in addition to those required under regulations for residential parking and shall be a minimum of 10 feet from the highway cartway.
Transient vendors, when authorized under applicable state and Township regulations and by affected property owners, may be permitted to sell products, subject to the following:
A. 
Activities shall be restricted to A-1, C-3 and M-1 Districts.
B. 
Temporary structures, signs and vehicles used for the sales activity shall be situated a minimum distance of 20 feet from the highway cartway. Said structures, signs and vehicles shall be removed during periods when sales operations are not in progress.
C. 
Minimum clear sight lines of 500 feet along the highway approaches to the sales site shall be maintained from both directions.
D. 
Off-street parking shall be available at a minimum distance of 20 feet from the highway cartway.
E. 
A minimum of five off-street parking spaces shall be provided.
F. 
Signs relating to the sale of products shall be limited to a total of two. Individual signs shall not exceed 10 square feet in area.
G. 
Signs shall not be placed within 20 feet of the highway cartway and shall be within 150 feet of the sales site.
Cellular communication antenna, as defined in this chapter, shall be permitted in all zoning districts as a conditional use; however, uses shall be authorized in residential districts only when it can be demonstrated, using technological evidence, that the antenna must go where it is proposed to satisfy its function in the operational grid system. Conditional use applications may be authorized pursuant to the standards and criteria specified herewith:
A. 
Existing structures.
(1) 
In order to reduce the number of antenna support structures needed in the community in the future, proposed support structures shall be required to accommodate other users, including other cellular communication companies and local police, fire and ambulance companies.
(2) 
A cell site with antenna that is attached to an existing communication tower, smokestack, water tower, or other tall structure is permitted in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted on an existing structure (and is within the fifteen-foot limit), it shall be authorized as a use by right, and the applicant shall not be required to meet the standards and criteria contained in the following provisions of this section of the chapter.
B. 
New structures.
(1) 
If the cellular communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, antenna support structures of other cellular communications companies, other communications towers (fire, police, etc.), and other tall structures. The municipality may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
(2) 
All other uses ancillary to the antenna and associated operational equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site, unless otherwise permitted in the zoning district in which the cell site is located.
(3) 
A cell site with antenna that is either not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted is permitted in all zoning districts, but requires a conditional use approval in all districts.
C. 
Application requirements for conditional use. The application for conditional use shall include a development and operational plan. The following information, and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this chapter will be achieved, shall be included.
(1) 
A description of the character, timing and duration of the proposed construction, operation and use of the facility, including maps and plans showing the location of the site, all access routes from public roads, and the regional area to be influenced by the proposed activity and use.
(2) 
A full site plan drawn to scale for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required in Chapter 225, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure. No building permits shall be issued until after final approval of the application and the final approval and recording of a subdivision site plan.
(3) 
Complete plans of the proposed tower and all auxiliary structures and support facilities. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers. the Township Supervisors may require independent studies and reviews of all such assurances. These shall be prepared by qualified professionals acceptable to both the developer and the governing body. The cost of all such studies and reviews shall be borne by the applicant in cases where issues develop over the need for or the adequacy of safety and compliance with this chapter.
(4) 
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the FAA.
(5) 
Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be as follows:
(a) 
Agricultural districts and residential districts that require a minimum lot area of one acre or more: 40% of antenna height.
(b) 
Residential districts that require a minimum lot area of less than 43,560 square feet: 30% of antenna height.*
(c) 
Business districts (commercial and industrial): 20% of antenna height.*
*
Requirements may be relaxed if the cellular communications company can demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system.
(6) 
All buildings and structures on the site other than the antenna support structure and any guy wire anchors shall conform to the setback and dimensional requirements that apply to the zoning district in which the site is located.
(7) 
A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height. The entire fence shall be constructed in a manner to prevent the entry onto the portion of the premises on which the use is situated by unauthorized persons, domestic animals or livestock.
(8) 
All applicable parking, sign and other requirements of this chapter shall apply. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.
(9) 
The site, including all structures, shall be constructed and landscaped in a manner appropriate to the district in which it is located. Open areas shall be covered with an appropriate vegetative material and properly maintained.
(a) 
Suitable landscape screening or buffers shall be developed, if deemed necessary by the governing body, to minimize visibility of outside storage or ground-level operational functions, if said activities are readily visible from adjoining properties used for residential purposes. Where required, a screen or buffer shall have a height adequate to achieve its purpose.
(b) 
Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The governing body shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.
(c) 
The governing body may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure and other equipment is housed inside an existing structure, landscaping shall not be required.
(10) 
When applicable, the applicant shall have obtained from each appropriate state and federal regulatory agency or authority a permit issued in accordance with all applicable state and federal laws, directives and regulations for the proposed use.