A.
Any single-family dwelling occupied as such prior to adoption of
this chapter and located in the Residential C or D Zone District may
be converted into not more than two dwelling units, provided the lot
containing the building exceeds the minimum lot area for the district
by 1 1/2 times.
B.
Each dwelling in a converted single-family building shall contain
at least 360 square feet if an efficiency apartment, or 480 square
feet if a one-bedroom apartment, or 550 square feet if a two-bedroom
apartment. Each apartment shall contain a private bathroom and food
cooking and storage facilities, and be provided with two parking spaces
on the lot.
C.
There shall be at least two means of egress from each dwelling unit,
of which at least one shall be directly to the outside at grade or
via an exterior stairs to grade.
D.
Each dwelling unit shall have sufficient operable window sash area
to equal at least 1/20 of the floor area and shall be served by a
heating system capable of providing 68° F. throughout each dwelling
unit when the outside temperature is 0° F.
E.
No building manifestly designed for nonresidential purposes shall
be reconverted to residential use unless such conversion removes a
nonconforming use and such building is completely remodeled for permanent
residential use.
A.
In the Highway Commercial District and the Neighborhood Commercial
District, apartments may be constructed on the second floor of a building,
the first floor of which is devoted to commercial use. No commercial
uses and apartments shall be located on the same floor.
B.
The number of apartments permitted shall not exceed in number the
result of dividing the lot area in square feet by 10,000.
C.
There shall be provided on the property two parking spaces per each
apartment for the exclusive use of the apartment occupants.
D.
There shall be two means of egress directly to the outside at grade
provided from the second floor hallway common to the apartments. An
exterior metal fire escape may be substituted for one hallway exit.
Apartment(s) that do not use a common hallway and provide a direct
means of access to the outside at grade shall only require a single
means of egress.
A.
Subject to the following rules and regulations, home occupations
may be permitted in all residential districts, provided that the conduct
of such home occupation(s) is clearly accessory and incidental to
the primary dwelling use.
B.
In addition to no-impact home-based businesses as defined by the
Municipalities Planning Code,[1] the following occupations shall be considered suitable
as home occupations:
(1)
Office of an individual lawyer, engineer, architect, accountant,
other similar profession (other than a physician, dentist, or other
medical practice), or minister of religion.
(2)
Studio of an individual artist, photographer or craftsman, including
retail sales of products made on the same premises only.
(3)
Business of an individual whose occupation is conducted entirely
by telephone and/or correspondence, or from his or her car, provided
no retail sales occur on the property and no goods used in the business
are stored outside the dwelling, building or in a garage.
(4)
Custom dress or tailoring.
(5)
Tutoring of academic subjects and art or arts and crafts instruction,
limited to groups of not more than three students simultaneously.
(6)
Musical instrument instruction but only if provided in a single-family
dwelling to groups of not more than three students simultaneously.
(7)
Beauty shop or barber shop of an individual licensed barber or beautician,
to serve only one customer at a time and by appointment only.
(8)
Adult day care. A facility registered/licensed by the commonwealth,
located within a dwelling, for the care of not more than six adults,
over the age of 16 years of age, excluding care provided to adults
who are relatives of the provider.
(9)
Child day care. A facility registered/licensed by the commonwealth,
located within a dwelling, for the care of not more than six children,
under the age of 16 years of age, excluding care provided to children
who are relatives of the provider.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
The use of portions of a residence for home occupations pursuant
to this section shall at all times be secondary to the primary use
of the dwelling for living purposes. Home occupations shall occupy
not more than 25% of the habitable floor area of the primary dwelling
structure, regardless of the number of lawful home occupations conducted
within the home. Every home occupation shall be owned and operated
by an owner/occupant of the dwelling; and there shall be employed
not more than one clerical or support staff person who does not reside
in the dwelling, regardless of the number of home occupations within
the residence; and, unless otherwise provided above, shall receive
office visits by only one client at a time and by appointment only,
regardless of the number of home occupations within the residence.
D.
No exterior changes shall be made to the dwelling, building or additions
made specifically to accommodate the home occupation. No use shall
be made of accessory structures on the property and no structure shall
be built to accommodate the home occupation. No more than 25% of one
floor of the dwelling may be used for home occupation(s), regardless
of the number of home occupations within the residence.
E.
Signs identifying the home occupation shall be in conformance with § 310-88A(1), except that the nature of the home occupation may be indicated.
F.
Off-street parking spaces shall be limited to one vehicle provided on the lot in accordance with § 310-80A(5), but no more nor less than the number required shall be provided. Township Council may require the parking to be screened by appropriate plantings from adjacent residential properties.
G.
The use shall not significantly intensify vehicular or pedestrian
traffic beyond that which is normal for the residences in the neighborhood.
H.
A separate occupancy permit for any home occupation other than a
no-impact home-based business must be obtained prior to the start
of activities. The fee will be identical to that required for a commercial
establishment.
Any single-family dwelling occupied by a family whose members
are related by blood, marriage or adoption may also accommodate not
more than two individual boarders. One parking space shall be provided
on the premises for each boarder or roomer to be accommodated.
A.
Automotive service stations are permitted as conditional uses in
the Highway Commercial District, Neighborhood Commercial District
Light, Industrial District and Heavy Industrial District.
B.
Only below-grade fuel storage tanks and pump islands may be placed
not closer than 30 feet to the road right-of-way line or abutting
property lines. Canopy structures are permitted within 20 feet of
right-of-way. Access drives shall be located to take advantage of
maximum, sight distances for motorists and circulation into and through
the premises shall be obvious to motorists. The use of the site and
access to it will not downgrade adjacent properties or the public
health, safety and general welfare. The design and arrangement of
the station shall be compatible with adjacent or nearby residential
development.
C.
All bulk storage of flammable liquids shall occur in well-vented
tanks below grade.
D.
Service station building walls shall be of masonry construction where
they are within 50 feet of any property line.
E.
All hoists, pits and all lubricating, greasing, automobile washing
and repair equipment shall be entirely within an enclosed building.
F.
All storage of new, used or discarded parts or materials shall be
within an enclosed structure.
G.
Access shall be limited to two driveways and one additional driveway
on a second street where the property abuts a second street. Each
driveway shall not be more than 35 feet wide at the property line.
No driveway shall be located within 75 feet of any street intersection,
measured from the point of crossing of intersecting street right-of-way
lines abutting the property and the edge of the driveway nearest the
intersection.
H.
The entire service area shall be paved with a permanent surface and
edged with a curb where it abuts grassed areas. Paved surfaces shall
be sloped to an acceptable storm drainage system. Areas of the property
not paved shall be left natural, or landscaped and maintained.
I.
Sufficient space shall be provided on each side of each pump island
for not less than three vehicles being serviced or waiting service.
Not less than eight other parking spaces outside the circulation area
around the pump islands shall be provided for customer and employee
parking.
J.
No derelict, uninspected or unlicensed vehicles shall be permitted
on the premises for more than one month. Derelict, uninspected, or
unlicensed vehicles awaiting auto body repair or painting shall be
kept behind a fence at least four feet high surrounding the vehicles
and obscuring a view of them from adjacent properties and roads.
A.
Location: No hedge, fence, privacy/decorative wall or irrigation
system may be erected or placed within one foot of any side or rear
property line, except as follows:
(1)
Upon an application submitted along with a survey and with the written
consent of the adjacent property owner(s); or
(2)
In the case of a townhouse, row house, or other building where the
adjoining units in the same structure share a common party wall, a
side yard hedge or fence may be placed along the property line separating
the two parcels.
B.
Maximum height: Hedges, fences and walls where permitted in front
yards shall not exceed four feet in height. No hedge, fence, or privacy/decorative
wall in side and rear yards shall exceed six feet in height; except
as follows:
(1)
Where a nonattached (nonparty wall) dwelling on an adjacent lot is
within six feet of the common lot line, then the height shall not
to exceed the distance of the adjacent dwelling from the line.
(2)
Notwithstanding any requirement to the contrary in this section,
a side yard or rear yard fence may be installed with a maximum height
along its entire length that matches the height of a preexisting fence
lawfully installed along the common shared border of an adjoining
property.
(3)
Retaining walls may exceed maximum height requirements, however,
installation is prohibited in any ROW or easement.
[Added 5-24-2017 by Ord.
No. 796]
C.
Hedges shall be maintained not to exceed the specified maximum height requirements of Subsection B, above. (Required buffer fences, strips, etc., are not subject to this subsection, but shall instead be governed by the applicable bufferyard requirements).
D.
Any fence or wall that is either parallel, perpendicular, or at an
angle to the front of the building line shall be considered a front
wall or fence. A front fence or privacy/decorative wall or irrigation
system must be a minimum of eight feet from the curb or property line,
whichever is the lesser dimension, but no less than eight feet from
the curb. The height of the wall or fence cannot exceed four feet
in height unless it adjoins an existing wall or fence at a rear or
side setback of the adjacent lot in which case it may match the height
of the existing wall or fence, not exceeding the allowable height
for wall and fences at rear and side yards. Front wall and fences
shall be maintained so as not to exceed such height. No fence or wall
shall be installed within a road right-of-way. Required buffer fences,
strips, etc., are not included under this section.
[Amended 5-24-2017 by Ord. No. 796]
(1)
The Zoning Officer may require more stringent controls on the placement
of hedges, walls, trees, shrubs, landscape material and/or fences
where, in his/her opinion, the public safety is involved. Fences and
hedges shall not interfere with maintaining sight distances for automobile
drivers approaching street intersections within 20 feet of the right-of-way
of such intersection.
(2)
No fence, pet containment system, hedge, wall, tree, shrub, landscape
material or irrigation system shall be placed in a recorded public
right-of-way after the date of adoption of this chapter without the
prior written consent of the Zoning Officer. Pet containment or irrigation
systems installed at least 13 feet from a cartway shall be exempt
from obtaining a permit if located outside an easement or right-of-way.
[Amended 9-27-2017 by Ord. No. 797]
(3)
Fence materials.
(a)
Fences in residential, commercial or industrial areas must be
constructed of lumber, iron, maintenance-free type material or rust-free
chain link. Maintenance-free type material shall include vinyl, plastic,
wrought iron, and rust-resistant chain link. The following materials
are prohibited for fences:
[1]
Barbed wire and electrical fences.
[2]
Razor wire.
[3]
Concrete.
[4]
Masonry, except when less than 30 inches in height and accompanied
by a boundary survey at the time of permit application.
[5]
Chicken wire.
[6]
Woven or welded wire.
[7]
Plastic webbing.
[8]
Makeshift, flimsy materials, such as paper, twine, rope, tin
and the like.
[9]
Plywood.
[10]
Pressed wood.
(b)
Exceptions.
[1]
Fence Types No. 1, 5 and 6 shall be allowed in side and rear
yards for nonperimeter internal garden fences in residentially zoned
districts if set back from the property line is a distance equal to
or greater than the allowable accessory structure setback for the
zoning district and shall not exceed four feet in height.
[2]
Fence Type 1 shall be allowed in agricultural areas.
[3]
Fence Type 7 shall be allowed when used for temporary traffic,
police, construction or erosion control. This shall not prohibit the
use of plastic materials intended to resemble wood products.
[4]
Fence Type 8 shall be allowed when used for traffic control
or police security.
E.
Unless constructed with the same finished appearance on both sides,
all fences, walls, retaining walls, and/or screenings having a rough
or unfinished side and/or a side showing supports of bases shall be
erected so that said rough and/or unfinished side faces inward toward
the interior of the lot and the finished side faces outward toward
adjoining properties.
F.
All tennis courts placed within 50 feet of any property line in a
residentially zoned district must be completely enclosed on both ends
by a fence and may be enclosed on one side by a fence. Tennis court
fences may be constructed of a metallic material, and chain-link fences
of a specific mesh gauge are acceptable. Tennis court fences may be
up to 10 feet in height along the ends of the court and extend along
the sides at this height for 20 linear feet. The remaining length
of the fence may not exceed four feet in height. Any court with a
fence exceeding six feet shall be set back an additional five feet
from any property line setback minimum. All lighting shall be of the
shielded variety.
H.
Any existing fence, hedge, post, mailbox, sign, privacy/decorative
wall, tree, landscaping items or shrub located in a public right-of-way
or other recorded public easement (right-of-way for utilities, etc.)
is placed at the owner's risk and may be ordered removed by the
Township or other public utility or authority for expansion or maintenance
of public services.
I.
Retaining walls shall be set back at least three feet from property
lines and shall maintain height limitations as required for fences
and hedges. Foundations of such walls shall be carried at least 36
inches below finished grade and walls shall be at least eight inches
thick. (Alternative construction methods required or supplied by a
wall manufacturer will be considered if structural integrity specifications
are provided.)
Retaining walls more than six feet in height above finished
grade shall be designed by a registered professional engineer and
may be approved only after presentation of the engineer's sealed
drawings to the Zoning Officer. The faces of retaining walls shall
be set back at least three feet from any property line and a barrier
along the top of the wall shall be required when the wall exceeds
six feet in height.
[Amended 5-24-2017 by Ord. No. 796; 9-27-2017 by Ord. No. 797]
J.
Border walls are required to meet fence height and setback regulations.
[Added 9-27-2017 by Ord.
No. 797]
K.
Decorative walls do not require a permit if located outside of an
easement or right-of-way.
[Added 9-27-2017 by Ord.
No. 797]
L.
Mesh fencing, specifically manufactured for use as a deer barrier,
shall be exempt from height and permit regulations if installed with
lightweight supporting posts/pegs.
[Added 9-27-2017 by Ord.
No. 797]
All pool construction shall comply with Chapter 285, Swimming Pools, as amended, and shall be set back from property lines as for an accessory building. (See Table A.[1]) Verification that the pool is not located on any easements
or utilities shall be provided along with the permit application.
[1]
Editor's Note: Table A is included as an attachment to
this chapter.
A.
A manufactured home, for the purposes of this chapter, shall be considered
a transportable single-family dwelling intended for permanent occupancy
contained in one unit, or in two units designed to be joined into
one integral unit capable of being separated later for movement to
another site, such dwelling being ready for occupancy upon arrival
on its lot except for placement on its foundation and minor or incidental
unpacking and assembly operations.
B.
Manufactured homes shall meet all requirements of this chapter and
other ordinances of Hampton relative to single-family dwellings in
the same zone district.
C.
Manufactured homes shall be supported upon either a peripheral masonry
or concrete foundation wall on a reinforced concrete footer carried
to a depth of at least three feet below finished grade; or masonry
foundations piers built on concrete footers, the bottom of which shall
be set at least three feet below finished grade.
D.
Manufactured homes shall be securely held to the foundation by tie-downs
which may be cast in place of concrete "dead men," eyelets imbedded
in concrete screw augers or arrowhead anchors placed at least at each
corner of the manufactured home, each device being rated to sustain
a minimum load of 4,300 pounds.
E.
The space between the floor of a manufactured home set on piers and
the ground below shall be enclosed by a continuous metal skirting
to match the exterior material of the manufactured home and such space
shall be ventilated.
F.
Manufactured homes shall be placed on required foundations and skirted
within 30 days of arrival on the lot.
G.
No manufactured home shall be occupied until it has received an occupancy
permit from the Zoning Officer, after connection to sewage disposal,
water supply, and electrical systems. Any manufactured home brought
into the Township after June 30, 1987, shall be certified as meeting
the requirements of the National Manufactured Housing Construction
and Safety Standards Act. No manufactured home shall be removed from
the Township until all current and back municipal and school district
taxes have been paid in full. The property occupied by the manufactured
homes may be liened for the unpaid taxes whether or not such property
is owned by the occupants of the manufactured home.
H.
Any enclosed additions added later to a manufactured home, or not
part of the original construction, shall match the materials and colors
of the original.
I.
No manufactured home lacking toilet and washing facilities or cooking
and food storage facilities shall be permitted, nor shall any self-propelled
vehicles used as living accommodations, or travel trailers designed
for temporary occupancy, be permitted for residential purposes for
a period exceeding 30 days per calendar year. Such manufactured home
or vehicle shall not be placed in any yard area.
A.
Special events. On any lot, a landowner and/or developer proposing
to conduct a temporary use or event using space outside of principal
building structures shall be required to submit a special event application.
Special events may include, but are not limited to, seasonal or holiday
plant sales, "car cruises" or "car shows," or sidewalk/parking lot
displays and sales, and shall also include any other special or temporary
event that has the potential to create an increase in traffic, parking,
congestion and/or noise than that is typically caused by the principal
use of the lot.
(1)
The special event application shall be:
(a)
Submitted to the Township Zoning Officer; and
(b)
Submitted to the Township Zoning Officer at least 10 days prior to the proposed special event. (Any special event that constitutes an "outdoor amusement" shall also be required to apply for and obtain an outdoor amusement license at least 60 days prior to the proposed special event as provided in Chapter 98, Amusements, Article II, License Required for Outdoor Amusements.)
(2)
The special event, at a minimum, shall:
(a)
Be conducted on the same lot on which the principal use occurs.
(b)
Be directly related to the services and/or products of the principal
use, and shall be a use generally permitted in the zoning district
in which the special event is located, except for special events sponsored
and conducted by local schools, religious, civic groups or other local
not-for-profit organizations in order to raise funds for charitable,
benevolent or other not-for-profit purposes.
(3)
The special event, and all associated temporary tents or other structures,
shall not compromise the minimum number of required parking spaces
for the principal use; shall not obstruct or otherwise interfere with
the unfettered ingress/egress to and from the property; shall not
be conducted in any public rights-of-way; shall be located in conformance
with all applicable yard and setback requirements for the lot; and
shall not be located or conducted in any area of the property or in
such manner as to have a potential to distract or cause any hazard
to the public or to vehicular traffic on the property or on adjacent
roads.
(4)
All temporary structures associated with any special event shall
comply with all applicable building code requirements, and all such
temporary structures shall be removed and the property restored prior
to expiration of the special event permit.
(5)
Applicant shall be required to obtain a permit for any temporary signs associated with the special event, which shall be in accordance with Article XIV or as otherwise approved by the Zoning Officer.
(6)
Unless otherwise approved by Township Council, no special event permit
shall be issued for a duration in excess of 14 consecutive days, nor
may the cumulative number of special event permits issued for a lot
exceed 14 days within any ninety-day period, except that a special
event permit may be issued to conduct seasonal holiday tree, wreath
or other plant sales commencing no earlier than 30 days prior to and
concluding on the day of the holiday.
B.
Temporary exterior structures, dumpsters, and other storage devices:
In conjunction with the issuance of a demolition or building permit,
or where other conditions or circumstances require the use of a temporary
exterior storage pod, structure, dumpster, or other similar device,
the property owner shall apply for, and receive from, the Zoning Officer
a temporary use permit prior to placing any such structure or device
on the property for any period in excess of seven consecutive days,
subject to the following:
(1)
A temporary use permit may be issued for a maximum period of 45 days
unless extended for an additional period of no longer than 45 days
upon written request submitted to the Zoning Officer prior to expiration
of the original permit, which the Zoning Officer may approve where
warranted by good cause of a necessitous and compelling reason.
(2)
The Zoning Officer may require that all such structures, dumpsters,
or storage devices be placed in the rear yard or behind the front
building line and within all applicable yard setback requirements
applicable to accessory structures, unless placement in such location
is not possible or feasible, and unless placement in another location
is specifically approved by the Zoning Officer. Nor shall any such
structure, dumpster, or storage device be placed on the public street
or within the street right-of-way without the express approval of
the Zoning Officer and Police Department.
C.
Accessory structures.
(1)
Floor area ratio (FAR). Cumulative limit of 100% of main floor square
footage of the principle dwelling(s) unit for RA and RB and a 50%
FAR for RC and RD (not to exceed 900 square feet). CA and CB or RA
and RB with a minimum of five acres shall be 150% of FAR.
(2)
Accessory structures shall be no more than 30% of the required rear
yard of a lot. Definition: "required rear yard" is the full width
of the lot between the rear property line and the rear line of the
principle dwelling(s) projected to the side property lines of the
lot.
(3)
Any accessory structure exceeding 120 square feet, and greater than
12 feet in overall height, shall meet the setback requirement for
the primary structure.
[Amended 9-27-2017 by Ord. No. 797]
(a)
Exceptions:
[1]
Structures to be located in residential and conservation zoning
districts over 120 square feet but equal to or less than 12 feet in
height and having no linear (length) dimension exceeding 14 feet may
meet setback requirement for accessory structures less than 120 square
feet.
[2]
Open structures which are not secured to permanent footings,
and without a roof, such as open play equipment, open gazebos, arbors
and trellises, fountains and bird baths, sculpture or other artworks
do not require a permit if located outside of an easement or right-of-way.
(4)
No accessory structure or any part thereof shall protrude into or
hang over any easement, ROW or setback area.
(5)
Accessory structures for nonresidential properties may require a formal site plan submittal. [See § 310-63A(2) of this chapter or Chapter 280, Subdivision and Land Development.]
(6)
Accessory structure's wall and roof covering materials shall
generally match the primary structure in type and color.
(7)
All structures for farm animals, commercial kennels or conditional
use allowable shelters shall not be located within 100 feet of any
property line.
(8)
Accessory structures shall not be located within the allowable front
yard setback area, and no accessory structure shall be located in
front of the leading edge of the primary structure.
[Amended 5-24-2017 by Ord. No. 796]
A.
Beekeeping as an accessory residential or educational use. When authorized under Article VIII of this chapter, the keeping of bees for personal use (as a hobby), or as part of a sanctioned educational program conducted at an accredited school or municipal facility ("beekeeping") shall be allowed as a residential or educational accessory use incidental to a permitted principal residential, educational or municipal facilitates use, subject to the following:
(1)
Beekeeping as an accessory residential or educational use shall be permitted only pursuant to a duly issued Township Zoning Permit and subject to the rules and procedures as provided in this § 310-75.1.
(2)
Commercial use prohibited. Beekeeping shall be permitted for
personal or educational use only. The keeping of bees as part of any
home-based business or for other any commercial purposes, including
but not limited to the selling of bees or bee products, is prohibited.
(This section is not intended to apply to or otherwise regulate commercial
beekeeping or commercial apiary operations in zoning districts that
are currently classified for agricultural use by an ASA designation
or otherwise classified as a lawful agricultural use under this chapter.)
B.
Registration and permits.
(1)
No beekeeper may own or maintain an apiary within the Township
or obtain a Township zoning permit for same without having first registered
each proposed apiary location with the Pennsylvania Department of
Agriculture, Bureau of Plant Industry ("Department") as required by
the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as
amended, and maintaining such Department registration in good standing
at all times thereafter.
(2)
No beekeeper may own or maintain an apiary within the Township
or obtain a Township zoning permit for same without having first provided
to the Township written proof that the applicant has executed the
most current "Pennsylvania Apiary Advisory Board Voluntary Best Management
Practices for Maintaining European Honey Bee Colonies in the Commonwealth
of Pennsylvania" agreement or such other best management practices
protocol as may be approved by the Pennsylvania Department of Agriculture,
Bureau of Plant Industry, from time to time ("BMP agreement"), and
that the applicant has fulfilled all other then-applicable certifications
and requirements under the Bee Law and regulations promulgated thereunder.
(3)
No beekeeper may own or maintain an apiary within the Township
without first obtaining a zoning permit from the Township Zoning Officer.
An application for a Township zoning permit shall be made in writing
and upon such form or in such format as established by the Township,
and shall be accompanied by such permit fee, if any, as may be established
from time to time by resolution of Township Council. The application
shall be accompanied by a plot plan that includes the size of the
lot, the location and number of hives, the location of each water
source, the distance of the hives from the property lines, and, if
required, the location of any flyway barriers. The application shall
also be accompanied by written evidence that the applicant has completed
a certified beekeeping educational program, and that the applicant
has duly registered its proposed location with the Department, has
executed a then-current BMP agreement, and has fulfilled all other
then-applicable certifications and requirements under the Bee Law
and regulations promulgated thereunder.
(4)
The issuance and maintenance in good standing of a Township
zoning permit shall be conditioned upon and subject to compliance
with all Township rules regarding the location and maintenance of
beekeeping facilities, as provided herein, with all other Township
ordinances, and with all then applicable Department registrations,
certifications, rules and regulations.
(5)
A beekeeper owning or maintaining an apiary in the Township
pursuant to a Township zoning permit issued hereunder shall promptly
notify the Township Zoning Officer and cease beekeeping activities
immediately (i.e., without unnecessary delay, and in no event longer
than 48 hours), if said beekeeper's Department registration terminates
or lapses, or if the Department of the Township Zoning Officer determines
that beekeeper is conducting beekeeping in violation of its current
BMP agreement, in violation of any other requirement arising under
the Bee Law, or in violation of this chapter of any other Township
ordinance. In such event, any Township beekeeper zoning permit issued
hereunder shall be automatically suspended and shall not be reinstated
unless and until beekeeper submits proof that its Department registration
has been restored and beekeeper can demonstrate to the satisfaction
of the Township that it is able to resume and conduct beekeeping activities
in compliance with all requirements of the applicable Township requirements
as provided herein.
(6)
Nonproperty owners that wish to own or maintain an apiary on
property that the nonproperty owner is renting must include written
permission from the property owner or landlord that expressly grants
permission to the nonproperty owner applicant to maintain an apiary
on the subject property. Such written permission shall be provided
to the Township as part of each beekeeping zoning permit application.
C.
Rules regarding the location and maintenance of beekeeping facilities.
In addition to adhering to the terms of its BMP agreement, and any
other applicable Department registrations, certifications, or requirements
arising under the Bee Law, all beekeepers shall at all times comply
with the following Township rules regarding the location and maintenance
of beekeeping facilities. In the event of a conflict or inconsistency
between the BMP agreement or other Department requirements and the
Township ordinance requirements, the Township requirements shall prevail:
(1)
Hive type. No beekeeper shall keep or maintain bees in any hive
other than a modern movable frame hive which permits thorough examination
of every comb to determine the presence of bee disease.
(2)
Maximum number of colonies. For a property with a minimum of
20,000 square feet of lot area, a beekeeper is permitted to maintain
not more than four hives. For each additional 10,000 square feet of
lot area, the beekeeper is permitted one additional hive. Notwithstanding
the foregoing, provided that all hives are situated at least 200 feet
in any direction from all property lines of the lot on which the apiary
is situated, or provided that all adjoining property that falls within
a two-hundred-foot radius of any hive is undeveloped property, or
in areas zoned agricultural, or if the hives are being used for crop
pollination, there will be no per se limit on the number of hives
on one's property.
(3)
Location of hives. Beekeeping facilities shall meet the primary
structure setback requirement from any lot line.
(4)
Location of beekeeping facilities. Beekeeping facilities shall
not be located within 50 feet of a swimming pool or permanently kenneled
animal at the time of initial establishment.
(5)
Except for property in the CA or CB Zoning District with a minimum
lot area of at least five acres, beekeeping facilities are prohibited
from and shall not be located in the front yard of any property as
defined by the Zoning Ordinance.
(6)
Hive orientation and flyaway barriers. Hive entrances shall
face away from neighboring property and in such a direction that bees
fly across the beekeeper's property at sufficient distance to
gain a height of at least six feet at the property line. The use of
barriers may be employed to redirect the bees' flight pathway
and establish bee flight pathways above six feet. Should the flight
path not be able to be obtained as described above, then a flyway
barrier, at least four feet in height, shall be placed along the side
of the hive(s) that contain the entrance to the hive(s), shall be
located within five feet of the hive(s), and shall extend at least
two feet on either side of the hive(s). A flyway barrier shall consist
of a fence, vegetation, hedge, or combination thereof, that provides
for suitable flight path of bees as described above. No flyway barrier
is required for hive(s) that are located on porches or balconies at
least 10 feet above grade.
(7)
Beekeeping facilities shall erect signs as necessary, but no
larger than one foot by one foot, to warn persons of the presence
of bees.
(8)
All hive areas shall, at a minimum, be surrounded by a three-foot-high
fence to prevent unauthorized access.
(9)
Water. From April 1 through November 1 of each year, all beekeepers
in the Township shall ensure that a convenient source of fresh water
is available to the bees which is located closer to the apiary than
any other water source.
(10)
Maintenance. All beekeepers shall ensure that no bee comb or
other materials are left upon the ground of the apiary site. Upon
removal from the apiary, all such material shall promptly be disposed
of in a sealed container or placed within a building or other bee-proof
enclosure.
(11)
Best management practices. All beekeepers owning or maintaining
an apiary in the Township shall practice such best management practices
as adopted or recommended by the Department. (In the event of a conflict
or inconsistency between the BMP agreement or other Department requirements,
and any more strict Township ordinance requirements, the Township
requirements shall prevail.)
(12)
Nuisances prohibited. It shall be unlawful for any beekeeper
to keep any hive in such a manner as to cause any unhealthy condition,
interfere with the normal use and enjoyment of human or animal life,
or interfere with the normal use and enjoyment of the properties surrounding
the beekeeper's property. By way of example and not limitation,
the following activities are hereby declared to be a public nuisance
and are, therefore, unlawful:
(a)
Multiple bees stinging, attacking, or otherwise molesting others,
including pedestrians, bicyclists, motor vehicle passengers, or domestic
animals;
(b)
The keeping of bees not in compliance with these Zoning provisions;
(c)
The keeping of bees which interferes with the freedom of movement
of persons in a public right-of-way;
(d)
The keeping of overcrowded, bee diseased, or abandoned hives;
(e)
Beekeeping facilities shall be managed in such a manner as to
minimize the potential occurrence of bees entering streets, sidewalks,
or unauthorized properties; and
(f)
Beekeeping facilities shall at all times be in compliance with
all applicable laws and regulations.
