1.
Fences and Walls.
A.
Fences and walls may be erected, altered, and maintained within yard
areas in accordance with the following height restrictions:
(1)
Front yard shall not exceed four feet in height.
(2)
Side or rear yard may be greater six feet, provided, that any
fence or wall exceeding six feet shall contain openings therein equal
to 50% of the area of that portion of the wall or fence exceeding
six feet.
(3)
Along corner lots, no fence or wall within the front yard setback
shall exceed four feet in height along the street of address or six
feet in height along any other street frontage, provided further that
no fence or wall shall obstruct any clear sight triangle, as defined
herein this chapter.
[Added by Ord. No. 19-02, 4/11/2019]
B.
In commercial and industrial zones, fences of wood, metal or masonry
exceeding eight feet shall require a special exception from the Zoning
Hearing Board. The fencing shall be limited to side and rear lot lines.
Furthermore, a special exception shall be required along residential
uses or residentially zoned property for fencing exceeding six feet
in height, under no circumstances shall fences exceed eight feet in
these locations.
C.
Retaining walls with required fencing or railings, required to support
changes in site grades shall be excluded from this requirement.
[Added by Ord. 17-06, 6/8/2017]
2.
Wind Power, Windmills, windwheels, and wind energy conversion systems
(WECS) shall be permitted in the C- Conservation District subject
to the following conditions:
A.
The structure supporting the wind rotor unit, including any necessary
guideposts and supporting cables, shall be independent of any occupied
structure and located a minimum distance of the tower height plus
10 feet from any occupied dwelling, and shall not be more than 75
feet in height.
B.
The minimum distance between the tower and any property line shall
be not less than twice the height of the tower.
C.
The minimum distance between grade and the lowest point of the rotor
blade shall be 20 feet.
D.
All electric line/utility wires shall be buried underground.
E.
Any mechanical equipment associated and necessary for operations,
including a building for batteries and storage cells, shall be enclosed
with a six-foot high fence. The supporting structure shall also be
enclosed with a six-foot fence, unless the base of the tower is not
climbable for a distance of 12 feet.
F.
When a building is necessary for storage cells or related mechanical
equipment, the building shall not exceed 140 square feet in area,
nor eight feet in height and must be located at the base of the supporting
structure.
G.
One windmill/windwheel/WECS shall be permitted per property.
H.
The resultant energy harnessed from the wind shall be used on the
property it is located on and not used as a commercial enterprise.
I.
The supporting structure and generating unit shall be kept in good
repair and sound condition. Upon abandonment of use, the supporting
structure and related structures shall be dismantled and removed from
the property within 60 days.
J.
The applicant shall demonstrate that any noise from the wind generating
unit shall not exceed 45 dB(A), measured at the property line.
To encourage maintenance and management of forested or wooded
open space and promote the conduct of forestry as a sound and economically
viable use of forested land and forestry activities, including, but
not limited to timber harvesting, and to be in compliance with the
Pennsylvania Municipalities Planning Code, as amended, forestry shall
be a permitted use by right in all zoning districts. The following
standards apply to all timber harvesting within the Township where
the value of trees, logs, or other timber products removed exceed
$1,000. These provisions do not apply to the cutting of trees for
the personal use of the landowner or for pre-commercial timber stand
improvement.
1.
Policy and Purpose. In order to conserve forested open space and
the environmental and economic benefits they provide, is the policy
of Susquehanna Township to encourage the owners of forestland to continue
to use their land for forestry purposes, including the long-term production
of timber, recreation, wildlife, and amenity values. The timber harvesting
regulations are intended to further this policy by promoting good
forest stewardship, protecting the rights of adjoining property owners,
minimizing the potential for adverse environmental impacts, and avoiding
unreasonable and unnecessary restrictions on the right to practice
forestry.
2.
Notification and Preparation of a Logging Plan.
A.
For all timber harvesting operations, the landowner shall notify
the Township Zoning Officer at least 10 business days before the operation
commences and within 10 business days before the operation is complete.
No timber harvesting shall occur until the notice has been provided.
Notification shall be in writing and shall specify the land on which
harvesting will occur, the expected size of the harvest area, and,
as applicable, the anticipated starting or completion date of the
operation.
B.
Every landowner on whose land timber harvesting is to occur shall
prepare a written logging plan in the form specified by this Ordinance.
No timber harvesting shall occur until the plan has been prepared.
The provisions of the plan shall be followed throughout the operation.
The plan shall be available at the harvest site at all times during
the operation and shall be provided to the Township Zoning Officer
upon request.
C.
The landowner and the operator shall be jointly and severally responsible
for complying with the terms of the logging plan.
3.
Contents of the Logging Plan. As a minimum the logging plan shall
include the following:
A.
The design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails, and landings;
B.
The design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars;
C.
The design, construction, and maintenance of stream and wetland crossings;
and
D.
The general location of the proposed operation in relation to municipal
and State highways, including any accesses to those highways.
E.
A sketch map or drawing containing the site location and boundaries,
including both the boundaries of the property on which the timber
harvest will take place and the boundaries of the proposed harvest
area within the property; significant topographic features related
to potential environmental problems; location of all earth disturbance
activities such as roads, landings, and water control measures and
structures; location of all crossings of waters of the Commonwealth;
and the general location of the proposed operation to municipal and
state highways, including any accesses to those highways.
F.
Documentation of compliance with the requirements of all applicable
state regulations including, but not limited to, the following; erosion
and sedimentation control regulation contained in Title 25 Pennsylvania
Code, Chapter 102, promulgated pursuant to The Clean Streams Law (35
P.S. § 691.1 et seq.; and Stream crossing and wetlands protection
regulations contained in Title 25 Pennsylvania Code, Chapter 105,
promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S.
§ 693.1 et seq.).
G.
Any permits required by state laws and regulations shall be attached
to and become part of the logging plan. An erosion and sedimentation
pollution control plan that satisfies the requirements of Title 25
Pennsylvania Code, Chapter 102, shall also satisfy the requirements
for the logging plan and associated map specified above, provided
all information required is included or attached.
4.
Forest Practices. The following requirements shall apply to all timber
harvesting operations in the Township.
A.
Felling or skidding on or across any public thoroughfare is prohibited
without the express written consent of the Township or the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of the thoroughfare.
B.
No tops or slash shall be left within 25 feet of any public thoroughfare
or private roadway providing access to adjoining residential property.
C.
All tops and slash between 25 and 50 feet of any public roadway or
private roadway providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be lopped
to a maximum height of four feet above ground.
D.
No tops or slash shall be left on or across the boundary of any property
adjoining the operation without the consent of the owner thereof.
E.
Litter resulting from a timber harvesting operation shall be removed
from the site before it is vacated by the operator.
5.
Responsibility for Road Maintenance and Repair: Road Bonding. Pursuant
to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49;
and Title 67 Pennsylvania Code, Chapter 189, the land owner and the
operator shall be responsible for repairing any damage to Township
roads caused by traffic associated with the timber harvesting operation
to the extent the damage is in excess of that caused by normal traffic,
and may be required to furnish a bond to guarantee the repair of such
damages.
6.
Enforcement. The Township Zoning Officer shall be the enforcement
officer for the standards set forth herein.
7.
Inspections. The Township Zoning Officer may go upon the site of
any timber harvesting operation before, during, or after active logging
to review the logging plan or any other required documents for compliance
with the standards and inspect the operation for compliance with the
logging plan and other on-site requirements of these regulations.
8.
Violations Notices; Suspensions. Upon finding that a timber harvesting
operation is in violation of any provision of these standards and
regulations, the Township Zoning Officer shall issues the operator
and the landowner a written notice of violation describing each violation
and specifying a date by which corrective action must be taken. The
Township Zoning Officer may order the immediate suspension of any
operation upon finding that corrective action has not been taken by
the date specified in a notice violation; the operation is proceeding
without a logging plan; or the operation is causing immediate harm
to the environment. Suspension orders shall be in writing, shall be
issued to the operator and the owner, and shall remain in effect until,
as determined by the Township Zoning Officer, the operation is brought
into compliance with the regulations herein or other applicable statutes
or regulations. The land owner or the operator may appeal an order
or decision of an enforcement officer with 30 days of issuance to
the Township Board of Commissioners.
9.
Penalties. Any landowner or operator who violates any provision of these regulations; refuses to allow the Township Zoning Officer access to a harvest site pursuant to paragraph 7 of this Section or who fails to comply with a notice of violation or suspension order issues under subsection (8) of this Section is guilty of a summary offense and upon conviction shall be subject to a fine of not less than $100 nor more than $500, plus costs, for each separate offense. Each day of continued violation of any provisions shall constitute a separate offense.
Public utility structures shall be permitted in any district
without regard to the use and are regulations, provided, however,
that buildings or structures erected for these utilities shall be
subject to the following regulations.
1.
Front, side and rear yards shall be provided in accordance with the
regulations of the district in which the facility is located.
2.
Height shall be as required by district regulations.
3.
Unhoused equipment shall be enclosed with a chain link fence six
in height topped with barbed wire.
4.
Housed equipment, when the equipment is totally enclosed within a
building, no fence or screen planting shall be required, however,
the yard areas shall be in conformity with the district in which the
facility is located.
5.
Screen planting — the required fence for the unhoused equipment
shall be surrounded by an evergreen planting as approved by the Susquehanna
Township Planning Commission.
6.
The external design of the building or structure shall be in conformity
with the buildings in the districts.
7.
Access for unhoused equipment, where vehicular access is across the
front yard, the gate shall be constructed of solid materials having
not less than 50% solid in ratio to open space.
8.
Plans of the facility shall be submitted to the Planning Commission
for review and approval.
1.
Height regulations shall not apply to spires, belfries, cupolas,
penthouses or domes not used for human occupancy, nor to chimneys,
ventilators, skylights, water tanks, bulkheads, utility poles or towers,
silos, and ornamental or necessary mechanical appurtenances.
2.
Maximum height of accessory buildings shall not exceed 15 feet in
height.
3.
No structure shall be hereafter erected which is less than one story
in height except for earth sheltered dwellings.
4.
The height of a building shall be measured from the mean level of
the ground surrounding the building to a point midway between the
highest and lowest point of the roof, but not including chimneys,
spires, towers, elevator penthouses, tanks, and similar projections.
1.
Unless the regulations of the district in which they are located
require greater lot areas or width, the following regulations shall
apply:
A.
Lots not served by sanitary sewer system or other systems approved
by the Pennsylvania Department of Environmental Protection shall be
not less than 100 feet wide at the building setback line nor less
than one acre in area, per dwelling unit.
B.
The area, width and depth of lots shall provide adequate open space
for off-street loading, unloading and/or parking space. When necessary,
septic tanks and drain fields shall be provided with open space in
addition to the other required open space.
C.
On a lot held in single and separate ownership which does not fulfill
the regulations for the minimum area and the yard dimensions for the
district in which it is located, a building may be erected, altered
and used thereon providing the yard space is not less than the minimum
specified herein, and further that the proposed sanitary sewer system
and water system is approved by the Pennsylvania Department of Environmental
Protection.
[Amended 1/10/2008 by Ord. 08-02]
1.
Where the street or streets (or private road) upon which the lot
abuts is less than 50 feet in width, the front yard depth and the
width of the side yard abutting the street (or private road) shall
be measured from a line parallel to and 25 feet from the center line
of the street (or private road).
2.
Front Yards.
A.
Front Setback of Buildings on Built-up Street.
(1)
When a vacant lot is situated between two lots, each occupied
by a principal building within 25 feet of the side lot line of such
vacant lot and which extends into the required front yard, the minimum
front yard setback of the vacant lot shall be the average depth of
the front yards of the adjacent occupied lots.
(2)
When a vacant lot is situated between one lot, occupied by a
principal building within 25 feet of the side lot line of such vacant
lot and which extends into the required front yard, the minimum front
yard setback of the vacant lot shall be the average depth of the front
yard of the adjacent occupied lot and the front yard required for
the district in which such vacant lot is located. In these cases the
second vacant lot from the original occupied lot shall have at least
the minimum front yard depth required in the district.
B.
Parking shall be prohibited in front yards in residential districts,
except on paved areas or impervious driveways in areas beyond pedestrian
sidewalks or, where pedestrian sidewalks do not exist, beyond the
public right-of-way portion of the front yard.
C.
Reverse Frontage Lots or Through-Lots. A front setback shall be required
from each street on reverse frontage or through-lots.
3.
Yard Requirements for Corner Lots. On a corner lot, both yards abutting
the street shall have a width equal to the depth of the front yard
required in the district and shall be subject to all front yard requirements
of this Chapter. The rear yard shall be the yard opposite the yard
designated by the property owner as the front and shall meet rear
yard requirements. The opposing yard from the other front yard shall
meet side yard requirements.
4.
Yard Requirements for Accessory Buildings.
A.
The accessory building shall not be erected or substantially altered
within any front yards.
B.
An accessory building may be erected within one of the side yards
or within the rear yard provided:
(1)
Such accessory building shall be not less than 10 feet farther
back than the rear-most portion of the main building.
(2)
Where such side or rear yard is along an alley, the accessory
building shall be located not less than five feet from the alley.
(3)
Where such side or rear yard is adjacent to another lot, the
accessory building shall be not less than three feet from any lot
line.
(4)
When an accessory building is erected within the side or rear
yard adjacent to a side street on a corner lot, the accessory building
shall be not less than the required front yard depth from the exterior
side lot line.
(5)
No carport may invade any required side yards.
5.
Requirements for buffer yards and screening. The following design
standards related to buffer yards shall be implemented:
A.
Any nonresidential zone (CN, CH, IG) or mixed use zone with a nonresidential
use (BOR, MU1, MU2, COL) adjoining land within a residential zone
(C, RC, R-1, R-2, R-3, R-4) shall meet the following buffer yard and
screening requirements, unless otherwise stipulated in this Chapter.
The buffer yard shall extend the entire length or width of the property
line adjoining the residential zone or lot (see Exhibit 5).
|
Buffer Yard Type
|
Adjoining Nonresidential or Mixed Use District*
|
Minimum Buffer Yard Width
(feet)
|
Minimum Screening
|
|---|---|---|---|
|
1
|
CN — Commercial Neighborhood, BOR — Business Office
Residential, MU1-Mixed Use Corridor (High Density), MU2-Mixed Use
Corridor (Special Purpose.
|
15
|
1 shade tree per 50 linear feet and 1 evergreen tree per 40
linear feet of buffer yard screen.
|
|
2
|
CH — Commercial Highway and COL-Commercial Office Limited.
|
20
|
1 shade tree per 40 linear feet and 1 evergreen tree per 30
linear feet of buffer yard screen and 1 deciduous or evergreen shrub
per 20 linear feet of buffer yard screen. At least 60% of shrub plantings
shall be of the evergreen type.
|
|
3
|
IG — Industrial General
|
30
|
1 shade tree per 30 linear feet and 1 evergreen tree per 10
linear feet of buffer yard screen and 1 deciduous or evergreen shrub
per 10 linear feet of buffer yard screen. At least 70% of shrub plantings
shall be an evergreen type.
|
|
*
|
Applies only when the use in the Mixed Use District is other
than a single family residence.
|
B.
Any lot used for other than a single-family residence in a residential
or mixed use zone shall meet the buffer and screening requirements
for buffer yard type 1, unless otherwise stipulated in this Chapter.
In the case of a lot used for other than a single-family residence
abutting another lot not used for a single-family residence no buffer
yard and screening shall be required.
C.
All buffer yards shall meet the following requirements.
(1)
No buffer yard or part thereof shall be used for parking or
storage.
(2)
Buffer yards may coincide within any required building setback.
(3)
Buffer yards may be crossed by access roads, service drives
or easements with a maximum width of 35 feet, provided that the center
line of road, drive or easement crosses the lot line and buffer yard
at not less than 60°.
(4)
Buffer yards shall extend for the entire width of the property
line adjoining the residential property or district.
(5)
All screening materials and landscaping shall not encroach upon
the adjoining property line at full maturity.
D.
Screening shall be provided in the buffer yards in accordance the
following.
(1)
Landscaping shall be a combination of shade trees, ornamental
trees, evergreen trees, deciduous shrubs, evergreen shrubs and groundcovers.
(2)
Selected plant materials shall be in accordance with the Susquehanna Township Subdivision and Land Development Ordinance, § 22-1109.
(3)
All loading and service areas shall meet the following screening
requirements when adjacent to a residential zone or use: One shade
tree per 60 linear feet and one evergreen per 10 linear feet of visible
loading and service area.
(4)
All dumpsters, transformers, fuel storage tanks, and unsightly
utilities shall meet the following screening requirements regardless
of location or district: One shade tree per 40 linear feet and one
evergreen tree per five linear feet of visibility.
(5)
Existing acceptable vegetation should be retained when feasible.
Credit may be applied to required perimeter landscape plantings if
the existing trees can be maintained and are of acceptable size and
health.
E.
Street trees shall be provided in accordance with the Susquehanna
Township Subdivision and Land Development Ordinance.
F.
Screening of stormwater management facilities shall be accordance
with the following standards.
(1)
Landscape buffering and screening techniques shall be required
for storm water management facilities that are adjacent to dissimilar
adjoining properties and public and private roads.
(2)
The storm water management screening and buffering shall not
be applied to fulfill any other of the required landscape buffering
requirements of the site.
(3)
If storm water facilities and ponds are required to provide
fencing. The required fencing cannot be credited towards storm water
facility landscape requirements.
(4)
When fences abut public or private roads or dissimilar land
uses, the proposed plantings shall be on the exterior of the fence,
facing adjacent roadways and properties.
(5)
Storm water management buffering and screening requirements may be exempt in industrially zoned districts if they are not adjacent to dissimilar uses. When storm water facilities adjoin or are adjacent to residentially zoned districts or public roadways, the required screening shall be in compliance with buffer yard subsection (3) above.
(6)
The means in which to quantify required plant material will
be measured from the top of the dam elevation in linear feet.
(7)
Plant material shall not be permitted on fill areas, which may
compromise the structural integrity of the storm water management
facility. This restriction shall not supersede the required landscape
screening and buffering requirements.
(8)
The required plant material shall be of native vegetation or
an acceptable equivalent site tolerant plant type in accordance with
the Susquehanna Township Subdivision and Land Development Ordinance.
(9)
The proposed plant material and landscaping requirements for
the storm water management facility should be designed in a manner
that will minimize excessive maintenance.
(10)
If the side slopes of the storm water facility are too steep
(3:1 slope or greater) to mow and maintain, it is recommended that
they be planted with acceptable groundcovers, which do not require
excessive mowing.
(11)
The proposed required landscape shall not encroach or impede
the ability to access and maintain the storm water facility. Woody
vegetation that includes, deciduous evergreen trees and shrubs shall
not be on the embankments or within 50 feet of an inlet structure,
standpipe or drainage way. Proposed vegetation that has excessive
leaf and seed litter will not be permitted.
(12)
Existing acceptable vegetation should be retained around the
proposed storm water management facility when feasible. Credit may
be applied to required perimeter landscape plantings if the existing
trees can be maintained and are of acceptable size and health.
6.
Projections in yards.
A.
Cornices, eaves, gutters, bay windows or chimneys may project into
the front, side or rear yard of a lot, not more than 24 inches.
B.
Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into any yard.
C.
Apparatus or architectural structures needed for the efficient operation
of solar energy systems, including but not limited to overhangs, insulating
walls and roofs, solar collectors or reflectors may project not more
than four feet into any required yard.
7.
Interior yards. For lots containing more than one building on a single
lot, the following interior yard spacing requirements shall be met.
1.
Walls, fences, signs, or other structures shall not be erected or
altered, and hedges, trees or other plant material shall not be planted
or maintained, which may cause danger to traffic on a street or road
by obstructing the view.
2.
On corner lots, there shall be provided and maintained a clear sight
triangle in accordance with Susquehanna Township Subdivision and Land
Development Ordinance Part 5 (see Exhibit 6). No structure, planting,
excavation, nor other visual obstruction shall be permitted at a height
greater than 30 inches within such area.
1.
Recreational vehicles, boats, campers, trailers, school buses and
trucks. In any residential districts, no boats, campers, recreation
vehicles, trailers, and/or trucks with more than two axles, except
personal pickup trucks, shall be stored or parked within any front
yard. Vehicles stored on the side or rear yard must be at least five
feet from the property line. No such vehicle shall be allowed to be
parked in multiple family residential developments unless a remote
screened storage area is provided for these purposes.
2.
Outdoor stockpiling. In all districts with the exception of the Industrial
District, no outdoor stockpiling of any material or outdoor storage
of trash is permitted in the front yard. All districts shall meet
the following regulations, as applicable.
A.
Industrial and Commercial Districts and Uses. All yards used for the storage of any material needed for the operation or conduct of industrial or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence, or screen planting on all sides which face upon a lot in a more restricted zone or adjacent to a residential use and in accordance with § 27-2106(5).
B.
Residential and Mixed-Use Districts.
(1)
The stockpiling of tire, metal pipes, automobile parts, and
similar objects or materials shall be stored in a garage or an enclosed
storage structure in residential districts.
(2)
In any residential district, the outdoor stockpiling of materials
other than those listed in (1) above, is prohibited for more than
one year with the exception of firewood.
C.
In all districts, outside storage areas shall be screened from any public street or pedestrian walkway, any abutting residential use, and any adjoining residential district in accordance with § 27-2106(5).
3.
Trash, garbage, refuse, or junk. Except as provided in Part 12 of this Chapter, the outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited.
4.
Dumpsters. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties in accordance with § 27-2106(5), and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.
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.
1.
The illumination of any sign shall be arranged in such a manner that
the direct rays of the light source shall not enter any residential
building or fall within the right-of-way of any street or highway.
2.
All exterior lighting shall be arranged and shielded to prevent direct
rays or objectionable illumination or glare from falling upon adjoining
properties or within the right-of-way of any street or highway.
1.
Hereafter, all uses of land buildings and structures or industrial
processes shall be prohibited that may be noxious or injurious by
reason of the production or emission of dust, smoke, refuse matter,
odor, gas fumes, noise, vibration or similar substances or conditions;
provided, however, that any uses may be permitted as provided in each
district, if adequate provisions and safeguards to protect the health,
safety, morals, and the general welfare of the community are established
by a written agreement, subject to the securing of a permit and subject
to the carrying out of such provisions, restrictions, and safeguards.
2.
All uses shall operate in compliance with applicable State and Federal
regulations, as amended, including but not limited to the following
regulations:
A.
Noise pollution and vibration. "Rules and regulations" of the Pennsylvania
Department of Environmental Protection.
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, as amended.
D.
Mine, reclamation, and open pit setback. "Noncoal Surface Mining
Conservation and Reclamation Act, December 19, 1984, P.L. 1093, No.
219.
E.
Glare and heat. "Rules and regulations of the Pennsylvania Department
of Environmental Protection.
F.
Handicap access. The latest version of the American Disabilities
Act.
1.
No accessory structures or vegetation shall be located to block a
solar collector's access to the solar energy on an abutting lot in
accordance with the following restrictions.
2.
A statement that a solar energy collection system is to be installed
on a lot shall be filed and recorded with the Township on the day
of the permit for the solar system is issued. The date of installation
shall be the date of recordation. The solar facility must be completed
and the Zoning Officer shall be notified within one calendar year
from the date of installation.
1.
All methods and plans for the on-lot disposal of sewage or wastes
shall be designed in accordance with all applicable regulations pertaining
to the treatment and disposal of sewage and wastes. A certificate
or statement of adequacy from the appropriate local and State agency
shall be prerequisite to the issuance of a zoning permit.
2.
No material or wastes shall be deposited upon a lot in such a form
or manner that they may be transferred off the lot by natural causes
or forces, nor shall any substance which can contaminate a stream
or watercourse or otherwise render such a stream or watercourse undesirable
as a source of water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream or watercourse.
3.
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors unless enclosed in
containers which are adequate to eliminate such hazards.
4.
All commercial and industrial buildings shall be connected to public
water and public sewer.
1.
When a property adjoins a CDO District and its designated greenway/open
space land as shown on the Susquehanna Township Zoning Map, the applicant
shall make provisions for the continuation of the greenway through
said property by a permanent minimum thirty-foot conservation easement.
2.
A plan for the ownership and maintenance of the greenway easement shall be submitted at the time of subdivision and land development. The greenway easement shall be owned and maintained by the equitable owner or shall be in accordance with § 27-2116.
3.
Section 22-1008 of the Susquehanna Subdivision and Land Development Ordinance shall apply for greenways where the adjoining greenway contains a trail. The greenway may be used for one of the following purposes: conservation/open space; trails and footpaths; stormwater detention areas designed, landscaped, and available for use as an integral part of the greenway; easements for sewer or water lines; and underground utility rights-of-way.
1.
Ownership Options.
A.
The following methods may be used, either individually or in combination,
to own common facilities. Common facilities shall not be transferred
to another entity except for transfer to another method of ownership
permitted under this Section, and then only when there is no change
in the common facilities or in the open space ratio of the overall
development. Ownership methods shall conform to the following:
(1)
Fee Simple Dedication to the Municipality. The municipality
may, but shall not be required to, accept any portion of the common
facilities, provided that there is no cost of acquisition to the municipality
and the municipality agrees to and has access to maintain such facilities.
Furthermore, the Board may require adherence to conditions or standards
set forth by the Township prior to acceptance of dedication.
(2)
Condominium Association. Common facilities may be controlled
through the use of condominium agreements. Such agreements shall be
in accordance with relevant state law. All open land and common facilities
shall be held as "common element."
(3)
Homeowners' Association. Common facilities may be held in common
ownership by a homeowners' association, subject to all of the provisions
for homeowners' associations set forth in state regulations and statutes.
In addition, the following regulations shall be met:
(a)
The applicant shall provide the municipality a description of
the organization of the proposed association, including its bylaws,
and all documents governing ownership, maintenance, and use restrictions
for common facilities;
(b)
The proposed association shall be established by the owner or
applicant and shall be operating (with financial subsidization by
the owner or applicant, if necessary) before the sale of any dwelling
units in the development;
(c)
Membership in the association shall be automatic (mandatory)
for all purchasers of dwelling units therein and their successors
in title;
(d)
The association shall be responsible for maintenance and insurance
of common facilities;
(e)
The bylaws shall confer legal authority on the association to
place a lien on the real property of any member who falls delinquent
is his dues. Such dues shall be paid with the accrued interest before
the lien may be lifted;
(f)
Written notice of any proposed transfer of common facilities
by the association or the assumption of maintenance for common facilities
must be given to all members of the association and to the municipality
no less than 30 days prior to such event; and
(g)
The association shall have adequate staff to administer, maintain,
and operate such common facilities.
(h)
Evidence shall be produced as required by the Board to demonstrate
the financial viability of the homeowner's association.
(4)
Private Conservation Organization or the County. With permission
of the municipality, an owner may transfer either fee simple title
of the open space or easements on the open space to a private nonprofit
conservation organization or to the County provided that:
(a)
The conservation organization is acceptable to the municipality
and is a bona fide conservation organization intended to exist indefinitely;
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization or Dauphin County
becomes unwilling or unable to continue carrying out its functions;
(c)
The greenway land is permanently restricted from future development
through a conservation easement and the municipality is given the
ability to enforce these restrictions; and
(d)
A maintenance agreement acceptable to the municipality is established
between the owner and the organization or Dauphin County.
(e)
Evidence shall be provided as required by the Board to demonstrate
the financial viability and liability of the private conservation
organization.
(5)
Dedication of Easements to the Municipality. The municipality
may, but shall not be required to, accept easements for public use
of any portion of the common land or facilities. In such cases, the
facility remains in the ownership of the condominium association,
homeowners' association, or private conservation organization while
the easements are held by the municipality. In addition, the following
regulations shall apply:
(6)
Non-Common Private Ownership. Up to 80% of the required greenway
land may be included within one or more large "conservancy lots" of
at least 10 acres provided the open space is permanently restricted
from future development through a conservation easement and that the
municipality is given the ability to enforce these restrictions.
2.
Maintenance.
A.
Unless otherwise agreed to by the Board of Commissioners, the cost
and responsibility of maintaining common facilities and greenway land
shall be borne by the property owner, condominium association, homeowners'
association, or conservation organization.
B.
The applicant shall, at the time of preliminary plan submission,
provide a Plan for Maintenance of Greenway Lands and Operation of
Common Facilities in accordance with the following requirements.
(1)
The Plan shall define ownership.
(2)
The Plan shall establish necessary regular and periodic operation
and maintenance responsibilities for the various kinds of open space
(i.e. lawns, playing fields, meadow, pasture, cropland, woodlands,
etc.).
(3)
The Plan shall estimate staffing needs, insurance requirements,
and associated costs, and define the means for funding the maintenance
of the greenway land and operation of any common facilities on an
ongoing basis. Such funding plan shall include the means for funding
long-term capital improvements as well as regular yearly operating
and maintenance costs.
C.
In the event that the organization established to maintain the greenway
lands and the common facilities, or any successor organization thereto,
fails to maintain all or any portion thereof in reasonable order and
condition, the municipality may assume responsibility for maintenance,
in which case any escrow funds may be forfeited and any permits may
be revoked or suspended.
D.
The municipality may enter the premises and take corrective action,
including extended maintenance. The costs of such corrective action
may be charged to the property owner, condominium association, homeowners
association, conservation organization, or individual property owners
who make up a condominium or homeowners' association and may include
administrative costs and penalties. Such costs shall become a lien
on said properties. Notice of such lien shall be filed by the municipality
in the office of the Prothonotary of the County.
[Added by Ord. 17-06, 6/8/2017]
For all nonresidential uses, mixed uses, and multifamily dwelling
uses, all rooftop-mounted equipment and other similar appurtenances
such as stairwells, air-conditioning units, large vents, heat pumps,
and mechanical equipment shall, to the maximum extent feasible, be
inconspicuously sited on the roof, screened via use of parapets, walls,
fences, landscaping, or other approved screening, or integrated to
be within the roof form, such that views from adjacent street rights-of-way
(excluding alleys) are minimized. All architectural features to be
used to screen rooftop equipment shall be designed to be architecturally
compatible with the principal building (including design, materials,
and colors).
