All land uses 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 may require a plan of the
proposed construction or development and a description of equipment
or techniques to be used during operation of the proposed use. The
Board may assign a private third-party agency to provide measurements
for the respective performance standards. Any associated testing fees
must be paid by the applicant to the Township.
A.
Fire protection.
(1)
Any activity involving the handling or storage of flammable or explosive
materials shall require that fire-prevention and firefighting equipment
acceptable to the National Fire Protection Association is available
on site while such activity is taking place.
(2)
Fire and explosive hazards. All activities and all storage of flammable
and explosive materials at any point shall be provided with adequate
UL-approved safety devices against the hazards of fire and explosion
and adequate firefighting and fire-suppression equipment and devices
as detailed and specified by the Pennsylvania Department of Labor
and Industry and other regulators under the laws of the commonwealth.
All buildings, structures and activities within such buildings and
structures shall conform to the Pennsylvania Uniform Construction
Code and any other applicable laws of the Commonwealth of Pennsylvania.
B.
Electrical disturbance. No activity shall cause repetitive or continuous
electrical disturbance adversely affecting the operation of television
and radio broadcasting transmissions or other communication equipment
in the vicinity.
C.
Glare. Lighting devices which produce direct or reflected glare on
adjoining properties or thoroughfares shall not be permitted. For
purposes of interpreting this subsection, "glare" shall be defined
as direct or indirect light from any source which exceeds 1/2 footcandle
on any adjoining property.
D.
Erosion. No erosion by wind or water shall be permitted in excess
of that permitted under an erosion and sedimentation control plan
approved by the Westmoreland County Conservation District.
E.
Air quality and water pollution.
(1)
Discharges of substances into the air shall be subject to the standards
established by the Pennsylvania Department of Environmental Protection
(DEP) and the United States Environmental Protection Agency (US EPA).
(2)
Water discharges shall be subject to the standards established by
the Pennsylvania Department of Environmental Protection (DEP), the
United States Environmental Protection Agency (US EPA) and the Pennsylvania
Fish and Boat Commission. No land development shall be approved by
the Planning Commission until the necessary permits from the Pennsylvania
Department of Environmental Protection's (DEP) State Water Pollution
Control Program have been applied for. No land development shall be
approved by the Board of Supervisors until the necessary permits from
the Pennsylvania Department of Environmental Protection's (DEP) State
Water Pollution Control Program have been obtained.
(3)
Upon notification by an individual or party of a possible air- or
water-pollution discharge, the Zoning/Code Enforcement Officer will
contact the DEP. DEP will conduct all necessary testing and will make
recommendations.
(4)
No use in any zoning district may discharge any waste contrary to
the provisions of the state law governing discharges of radiological,
chemical or biological wastes into the air or surface or subsurface
waters.
(5)
No use in any zoning district may discharge into the sanitary sewage
treatment facilities any waste that cannot be adequately treated by
biological means.
A.
Applicability. The following site design standards shall be used
in the development or redevelopment of all multifamily structures
located in the RR, SR, CR, VR, TC-R, NC, LC or RC Zoning District.
No development approval shall be granted, nor building permit issued,
that does not meet these design standards, except as provided herein.
In the event that there are conflicting standards with other provisions
of other Township ordinances, the stricter standards shall apply.
B.
Purpose. The Township is establishing design standards for multifamily
buildings to achieve the following purposes:
(1)
To preserve, protect and promote the public health, safety and welfare.
(2)
To protect the Township from unregulated construction of inferior
and unsuitable buildings that are more prone to damage caused by fire,
flood, high winds and other natural disasters that can result in physical
injury to residents of those buildings.
(3)
To preserve, enhance, and balance the environmental, social, cultural
and aesthetic values desirable in a rural-suburban community while
promoting the development of a variety of high-quality housing choices
consistent with the objectives of the adopted Comprehensive Plan.
(4)
To protect property values of adjoining lower-density residential
properties from inferior and incompatible construction.
(5)
To promote development that is harmonious with surrounding sites
and preserves the sense of community.
(6)
To increase the overall economic tax base of the Township by attracting
quality development.
(7)
To create and add to the visual interest of the Township's streets
by ensuring quality and consistency in architectural character and
style; avoiding featureless building massing; providing design details
to reduce the visual scale of large multifamily buildings; achieving
unity of design through the use of similar materials; and ensuring
use of durable and attractive building materials.
C.
Minimum lot size. Any land development containing multifamily units
shall require a minimum lot size of five acres.
E.
Building spacing. Spacing between multifamily buildings shall guarantee
adequate light, air and emergency access. For any land development
containing two or more multifamily buildings of one or more types
on a single lot, side and rear yard setbacks shall not apply between
buildings and shall be replaced by a minimum building spacing of 30
feet between adjacent building side walls and 50 feet between a rear
wall and any point on an adjacent building wall. Setbacks shall continue
to apply to any building abutting a front, side or rear lot line.
F.
Building mass and form.
(1)
All multifamily buildings shall be designed to provide complex massing
configurations with a variety of different wall planes and roof planes.
Plain, monolithic structures with long, monotonous, unbroken wall
and roof surfaces of 50 feet or more are prohibited. At least every
50 linear feet, wall and roof planes shall contain offsets or setbacks
with a differential in horizontal plane of at least four feet. (See
Figure 1.)
|
Figure 1 — Examples of Varied Roof Planes and Wall
Surfaces
 |
(2)
The facades of single-family attached townhouses should be articulated
to differentiate individual units.
(3)
Small multifamily buildings. To the maximum extent practicable, the
massing and use of exterior materials on single-family attached dwellings,
duplexes, triplexes and quadplexes should be arranged so as to give
the building the appearance of a large single-family detached home.
(See Figure 2.)
|
Figure 2 — Examples of Multifamily Buildings Resembling
Single-Family Homes
 |
G.
Building materials.
(1)
Exterior materials:
(a)
For all multifamily buildings, an amount equal to 75% of the
total net exterior wall area of each building elevation, excluding
gables, windows, doors, and related trim, shall be brick, stone, natural
wood or manufactured siding.
(b)
Brick or stone to grade foundations shall be required for all
multifamily buildings.
(c)
Upon approval by the Township, a man-made material may be substituted
for some or all of the required brick, stone or wood, provided the
applicant can demonstrate that:
[1]
The material is widely available and has been used for the same
purpose in similar structures elsewhere;
[2]
The material is durable and can withstand the weather conditions
typical for the region; and
[3]
The material looks sufficiently similar to brick, stone or wood
and is compatible with other exterior materials being used for the
building exterior.
(2)
Roof materials. Predominant roof materials shall be high-quality,
durable material such as, but not limited to: clay or concrete tiles,
composition shingles, and asphalt shingles.
H.
Accessory buildings to multifamily dwellings.
(1)
Detached garages and carports and other accessory structures, including
but not limited to grouped mailboxes, storage and maintenance facilities,
recreational facilities, picnic shelters, and gazebos, shall incorporate
compatible materials and scale as the primary multifamily buildings.
A.
Purpose. It is the intent of the Township to regulate temporary businesses
and the temporary use of tents so as to:
(1)
Preserve, protect and promote the public health, safety and welfare;
(2)
Provide for the orderly and lawful conduct of business in the Township;
(3)
Promote economic activity that complements existing businesses and
other uses;
(4)
Ensure that such activities are conducted in appropriate locations
that do not cause hazardous conditions for vehicles or pedestrians;
and
(5)
Protect property values of adjacent and nearby businesses and residences.
B.
FOOD TRUCK
TEMPORARY BUSINESS
TENT
Definitions. The following terms shall have the following meanings
when used in this article, unless a different meaning clearly appears
from the context:
A movable retail food facility, such as a stand, vehicle,
cart, basket, box or similar structure, from which food is stored,
prepared, processed, distributed or sold and the facility must meet
the following requirements: pay a $100 annual fee to operate within
the Township, must have a valid Department of Agriculture license,
must have a valid ServSafe® certification,
and must have a valid Hempfield Township food truck license.
[Added 7-27-2020 by Ord.
No. 2020-03]
The sale of goods or services sold by a business being operated
in the Township for a period of no more than 10 consecutive business
days or a maximum of 28 business days per calendar year, but shall
not include the sale by farmers of their own produce. Any such business
that operates for more than 10 consecutive business days or more than
28 business days per calendar year shall not be a temporary business
and shall require a zoning permit from the Zoning/Code Enforcement
Officer. For the purposes of this section, the time periods set forth
above shall apply to all sites upon which a temporary business is
operated and shall be considered as cumulative., e.g., three temporary
businesses under the same business ownership shall only be entitled
to a total of 10 consecutive business days or a maximum of 28 business
days per calendar year.
[Amended 7-27-2020 by Ord. No. 2020-03]
A shelter of canvas or the like supported by poles or other
stakes and fastened by cords to pegs which are either driven into
the ground or secured to the ground by any other method. A tent shall
include air-supported structures and canopies which are open on more
than 75% of at least three sides.
C.
Temporary businesses.
(1)
No person shall operate a temporary business within the Township
unless it meets the following conditions:
(a)
The temporary business is a permitted use in the district in
which it is proposed to be located.
(b)
Vehicles and pedestrians can safely enter and exit the location
where the temporary business will be located.
(c)
Adequate parking shall be provided for the temporary business, determined in accordance with the standards provided for the closest type of business in Article XXI.
(d)
Nothing in the proposal will violate any provisions of this
chapter or any other Township law or ordinance.
D.
Temporary use of tents.
(1)
Any tent shall comply with the bulk and yard requirements of the
district in which it is located.
(2)
Tents in residential districts. Tents are permitted in all residential
districts, without a permit, for personal home use or a homeowner-hosted
function, for a period not more than 10 days per calendar year. Any
tent associated with a nonresidential use shall not be permitted in
a residential district.
(3)
Tents in nonresidential districts. Tents are permitted in all nonresidential
districts provided they meet the following conditions:
E.
Permits.
(1)
A permit shall be required for the operation of any temporary business
or temporary use of a tent in a nonresidential district.
(2)
An application for a permit shall be made at the Township Zoning
Office upon forms provided by the Township. Such application shall
be sworn to or affirmed and filed with the Township Zoning Office
at least 72 hours prior to the time in which the permit applied for
shall become effective. The application herein required shall contain
the following information:
(a)
The name and permanent address or headquarters of the person
applying for the permit;
(b)
If the applicant is not an individual, the names and addresses
of the applicant's principal officers and managers;
(c)
The name and address of the person or persons who will be in
direct charge of conducting the activity;
(d)
A description of the type of business to be conducted and the
types of goods and services to be sold;
(e)
The time within which the temporary business will be operated
or the tent will be used;
(f)
The location of the business in the Township; and
(g)
Written and signed consent of the party on whose property the
temporary business or tent shall be located.
(3)
Investigation by the Zoning Office. The Zoning/Code Enforcement Officer
shall examine each application filed for a permit and shall make,
or cause to be made, such further investigation of the application
and the applicant as the Zoning/Code Enforcement Officer shall deem
necessary. The permit will be issued when the Zoning/Code Enforcement
Officer determines all requirements of this section have been met.
(4)
Fee for permit. Before a permit is issued, a fee shall be paid to
the Township, which shall be established by resolution of the Board
of Supervisors from time to time.
(5)
Permit nontransferable. Any permit issued under this chapter shall
be nontransferable.
(6)
Single annual permit. No person who is issued a permit for a temporary
business or temporary use of a tent pursuant to this section shall
receive more than two permits in any single calendar year for any
single property.
A.
For any structure or use other than a single-family dwelling or an accessory use or structure in any zoning district, the Zoning/Code Enforcement Officer shall not issue a zoning permit for the establishment of a new use or the construction of a new structure on any property unless a land development plan has been approved in accordance with the procedures and requirements of Chapter 76, Subdivision of Land. Any addition to or enlargement of a nonresidential structure, which constitutes either a fifty-percent increase in the gross floor area of the building or a total addition of 2,500 square feet, shall require submission and approval of a land development plan as a prerequisite for obtaining a zoning permit; provided, however, that any expansion, addition, or enlargement of a nonresidential structure existing prior to July 15, 2003, shall submit a land development plan as a prerequisite to obtaining a zoning permit.
B.
Every land development plan submitted in accordance with the requirements of this section shall contain such information and be in such form required by Chapter 76, Subdivision of Land.
C.
The land development plan shall be filed and reviewed by the Township Planning Commission pursuant to the requirements set forth in Chapter 76 of the Code of the Township and the requirements set forth in this chapter.
D.
In considering any land development plan, the safety and convenience
of traffic movement, both within the site covered and in relation
to access streets to the site, and the harmonious and beneficial relationships
of buildings on the site, as well as contiguous properties, shall
be considered.
E.
This requirement for certain land development plans to be reviewed under Chapter 76, Subdivision of Land, does not relieve the Zoning/Code Enforcement Officer of his duty to determine whether or not the proposed use or building conforms to all regulations pertaining thereto as set forth in this chapter.
When required by this chapter, land development plan approval
shall be prerequisite to the granting of a zoning permit by the Zoning/Code
Enforcement Officer. In considering approval of a land development
plan, the following criteria shall be met:
A.
Traffic circulation on the site and ingress/egress to and from the
site onto streets providing access to the site shall be designed to
ensure safety and convenience.
B.
The location of buildings on the site shall be designed to ensure
adequate access by firefighting and other emergency vehicles and shall
bear a harmonious relationship with buildings on contiguous properties.
C.
Parking areas and pedestrian walkways shall be lighted to create
a level of lighting throughout the area of not less than one footcandle
when measured three feet above the pavement. Lighting shall be directed
or shielded so as to not create glare on adjacent residential properties
or public streets. Light standards in parking areas shall be protected
from accidental damage by vehicles.
D.
Outside storage. All outside storage shall comply with the provisions
of this chapter.
(1)
In addition, on properties where food is served in paper or styrofoam
containers, covered waste receptacles shall be located on the premises
for use by the patrons. The management shall be responsible for maintaining
the property free from litter.
(2)
Any establishment which furnishes carts or mobile baskets to shoppers
shall provide definite enclosed areas within the required parking
area for storage of the carts or mobile baskets. The storage areas
shall be clearly marked for storage of shopping carts. The use of
these areas shall not be counted towards the calculations of minimum
parking area requirements.
(3)
In any multifamily residential development where dumpsters are provided
for common use by the residents, the dumpsters shall be located at
least 10 feet from any lot line adjoining a single-family dwelling
and shall be screened by a six-foot hedge or opaque screening fence.
The area shall be maintained free from litter.
E.
All areas of the property not used for parking or occupied by buildings
shall be landscaped and maintained in grass or other vegetative ground
cover.
F.
Erosion and sedimentation control and stormwater management plans
shall comply with the minimum requirements of this chapter and any
other applicable regulation of the Township, county or commonwealth.
G.
The land development plan shall demonstrate compliance with all applicable
requirements of this chapter.
All projects that require the additional use of new facilities
or essential services, such as sewers, storm drains, fire hydrants,
potable water, public streets, streetlighting and similar services,
shall obtain such approval as required by the agency providing such
service prior to project approval. Nonavailability of essential services
shall be considered grounds for denying permits for additional development
until such services are available. The Township is not obligated to
extend or supply essential services if capacity is not available.
If capacity is available, the extension of services shall be constructed
at the cost of the developer. All service extensions shall be designed
and installed in full conformance with the Hempfield Township Municipal
Authority standards for such service and shall be subject to review,
permit and inspection as required by other policies or ordinances/resolutions
of the Township and/or the Hempfield Township Municipal Authority.
Every building in every zoning district, except single- and
multifamily residential buildings and agricultural buildings, shall
contain an area, enclosed on all four sides, and having a concrete
floor, with proper drainage, to be used for the storage of garbage,
rubbish, trash, refuse, junk, recyclable materials and discarded articles.
Multifamily residential buildings may contain room(s) or area(s) or,
in the alternative, may have erected on the same zoning lot a separate
totally enclosed structure, with a roof and concrete floor area designed
consistent with the main building, for the storage of such articles.
The size of such room, area or separate structure shall be sufficient
to accommodate the maximum volume of such discarded articles originating
from the main and accessory buildings and the zoning lot where situated.
The size and location of such trash area or separate structure shall
be subject to the approval of the Township Planning Commission as
part of the land development plan review.
