Township of Spring, PA SUPPLEMENTAL REGULATIONS

When the use on a lot is single-family detached dwelling, single-family semidetached dwellings, two-family detached dwellings or two-family semidetached dwellings, and if two or more driveways of the same lot, any of which serve more than one dwelling, enter a public street right-of-way, the distance between the entrances of the driveways shall be at least 50 feet, measured between the inner edges of the driveway.

When the use on a lot is other than single-family detached dwelling, single-family semidetached dwellings, two-family detached dwellings, or two family semidetached dwellings, and if two or more driveways of the same lot enter a public street right-of-way, the distance between the entrances of the driveways shall be at least 75 feet measured between the inner edges of the driveway.

Driveways to corner lots or through lots shall gain access from the street of lower classification when the lot is bound by streets of two different classifications.

§ 27-803 Off-Street Parking and Loading Regulations.

[Ord. 2007-03, 5/2/2007, § 803; as amended by Ord. 2009-02, 4/6/2009; and by Ord. 2012-04, 5/7/2012]

Intent. It is the intent of this section to:

Ensure adequate parking and loading facilities to serve the use or uses of the property.

Ensure that any parking facility is designed so as to provide proper circulation, reduce hazards to pedestrians, and protect the users of adjoining properties from nuisance created by the use of the facility.

Reduce congestion in the streets and contribute to traffic safety.

Encourage shared parking facilities and alternative modes of travel that will reduce overall impervious coverage and reduce dependence on the single-occupancy automobile.

Application. Off-street parking and loading space shall be provided and maintained for each use and structure hereafter established, erected, altered or extended in accordance with the provisions of this section.

General Regulations.

Use. All required off-street parking spaces shall be used solely for the parking of motor vehicles by residents, visitors, patrons or employees.

Location. It is the intent of this chapter that required parking spaces shall be located on the same lot as the use they serve, except as provided for in the shared parking provisions of this section.

If the required off-street parking spaces cannot be reasonably provided on the same lot as the building it serves, such spaces may be provided on other property located adjacent to the subject lot.

Fractional Parking Spaces in Multi-family, Duplex and Townhouse Residential Developments. In multi-family, duplex and townhouse residential developments, all fractional parking spaces required (.50 spaces per unit) shall be provided for within the development and shall not be associated with any particular dwelling unit of the development.

In all instances, the total number of spaces provided shall not be less than the sum of spaces required for all the uses.

Means of pedestrian access from the parking space to the uses they serve shall be provided such that pedestrians are not required to traverse property owned by other than said property owners, except where public sidewalks may provide the access. Pedestrians shall not be required to cross an arterial street except at a signalized intersection along the pedestrian pathway.

A lease, easement or other form of agreement be executed among said property owners assuring use of the required parking spaces are located on the same lot as the use they serve, and recorded in the office for the recording of deeds of Centre County.

Unless utilizing the shared parking provisions on adjoining parcels, all parking spaces and lots open to the sky (i.e., not in garages or carports) shall be located no closer than 10 feet to any property line except for the Highway Commercial and Interchange Commercial which shall be located no closer than 30 feet from the property line.

All covered parking spaces and lots, including garages and carports, shall not be located within any yard setback area.

For any lot of record at the time of adoption of this subsection which is divided by a zoning line and where said zoning line separates commercial and residential zones, the owner of such lot may use the area of the lot which is zoned residential to locate the parking required or proposed for the commercially zoned portion of the lot. If the owner elects to use the area zoned residential for parking, such parking area shall not be within 100 feet of any property line adjacent to the residential zoned portion. All other parking regulations for commercial areas shall apply.

In order to promote and provide for more flexibility within the current zoning regulations and to maintain an aesthetically pleasing visual appearance of both the road corridor and individual businesses and properties, the front yard parking setback area for general commercial districts (HC, IC) may be reduced by 10 feet, at the discretion of the municipal governing body, by reducing the maximum impervious surface coverage ratio by 5%. This reduction may only be permitted when the developer can demonstrate to the municipal governing body the following:

That the reduction in setbacks and impervious area will allow the developer to provide open space in sensitive areas, such as wetlands and steep slopes, or to provide additional buffing to adjacent properties.

That the reduction is not requested solely to help enhance the visibility or desirability of the business.

Parking of self-propelled motor vehicles (not including recreational vehicles) is prohibited on the lawn or in yard areas for all residential uses in all districts except for the rural zoning districts. This does not include the incidental parking of vehicles for washing or cleaning.

Provisions to Reduce Required Off-Street Parking Spaces. In an effort to reduce impervious coverage, traffic congestion and allow an increase in landscaped green space area and/or building size, the following shall be considered:

Shared parking spaces that are accessible by neighboring properties or uses may be permitted when use of the spaces does not occur during the same daily time period. The applicant must provide justification showing calculations of the peak parking use for the spaces that would have overlapping users, during their respective hours of operation. The hours of operation must show that sufficient spaces would be available for the shared parking purpose. As a result, the number of parking spaces could be reduced no more than 1/2 of the total required for the particular use(s) participating in shared parking. Should the use change in the future, and its associated off-street parking, the parking must be provided as required or shared additional parking be pursued.

When increasing the passengers per vehicle to sites with high employment would decrease parking demand, relief in the required parking spaces may occur. The parking spaces may be reduced by a factor of 25% if the applicant for land development plan approval provides a transportation management program to utilize one or a combination of the following modes to reduce single occupant vehicles that is based on substantiated projections of reduction in demand:

Shared ride/car pooling.

Van pooling.

Subscription bus service(s); CATA bus.

To qualify for the above, the applicant must provide evidence to the approval of the municipal governing body that:

The applicant shall establish an approved carpooling program.

Applicant will obtain or lease to qualified employees vans, buses or the high passenger-capacity vehicles, for the purpose of providing transportation of additional passengers (vanpooling).

Applicant will operate or hire vans, buses or other high passenger capacity vehicles to provide exclusive or non-exclusive commuter transportation of employees from residential areas, other transit terminals, such as park and ride.

Applicant shall contribute to the public bus service to add routes, shelter, amenities or fare contribution that would be generated by those employees to utilize the bus service.

Additionally, programs to increase vanpooling and carpooling, are examples that follow:

Applicant will employ working day policy known as flextime where employees are given some latitude on starting and quitting times.

Applicant will provide adequate lunch facilities on the site.

Applicant will provide preferential parking.

As a part of the request to reduce parking spaces, the applicant shall show to the satisfaction of the municipal governing body that the actions proposed shall reduce the parking demand by the amount requested.

At the option of the approval by the municipal governing body, a reduction of off-street parking spaces may be considered as follows that would pertain only to parking at the site fronting arterial and/or highway roads:

The buffer yard in the front contains unique natural features as determined by the municipal governing body that may require an area to be wider than the minimum front buffer.

The buffer yard in the front contains features that contribute to the community character of the municipality as determined by the governing body that may require an area to be wider than the minimum front buffer.

The requirements of a corridor overlay zone that may provide for a wider than minimum buffer.

Opportunities to preserve stands of existing trees using creative landscaping designs would be helpful to enhance the appearance of pedestrian areas, as well as breaking up the monotony of a large lot. The Planning Commission may recommend and the governing body may approve the reduction in off-street parking spaces associated with increasing the front buffer yard. The area removed from parking must be sufficient to provide the required parking. The area removed from parking may be returned to parking at a future date should the operator of the use experience a parking shortage based on demand after the use has been in operation for a period exceeding two years. The requirement of land development plan submission and approval must follow in order to return the area to parking.

Non-shared Parking Provisions for Reduced Parking Requirements. On the approval by the municipal governing body, a maximum 25% reduction in off-street parking spaces for developments within the Light Industrial (LI) and Heavy Industrial (HI) districts may be considered when such developments will not utilize a shared parking option with the following conditions:

Area suitable for construction of the reduced parking spaces shall be set aside for future development of these parking spaces only, said area to be detailed on an approved plan. Stormwater, impervious calculations, grading and lighting shall all be detailed on the plan.

Developer shall agree in writing that such parking spaces will be installed within 180 days upon written request by the Township.

Existing Facilities. Parking spaces and lots serving structures and uses in existence at the date of the adoption of this chapter shall not be subject to the requirements of this section as long as the kind or extent of use is not changed; provided, that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements, or if already below such requirements, be reduced further.

Change in Requirements. Whenever there is an alteration or extension of a use or structure which increases the parking requirements according to the parking calculation requirements below, the total additional parking required for the alteration or extension shall be provided in accordance with the requirements of that subsection.

Construction. All required off-street parking spaces, aisles, and driveways shall be paved with an all-weather material. For spaces and aisles which are not part of a parking lot as herein defined, this may include gravel or other crushed stone. However, for parking lots, the paving material shall be limited to asphalt, concrete or similar hard surface material with all parking spaces designated with a four-inch contrasting stripe painted the entire length of each space in accordance with the dimensional requirements stipulated below. All required off-street parking spaces and aisles for private recreational areas shall be constructed with six inches of crushed and compacted stone. Private and/or public recreation areas shall be exempt from such other construction regulations.

Required Off-Street Parking Spaces. All uses and structures shall provide off-street parking spaces in an amount equal to, or greater than, the number listed below. The total number of parking spaces necessary for two or more uses on the same lot shall be the sum of that required for each use.

Dimensions. Each required off-street parking space shall be at least 9.5 feet wide and 18 feet long if set at an angle to the access aisle or eight feet wide and 24 feet long if parallel to the access aisle.

Number and Computation. In computing the required number of spaces, all fractional numbers shall be increased to the next highest integer. When computation is based on the number of employees, the number employed during the largest work shift shall be used.

Table of Required Parking Spaces per Use

Residential Uses.

Use	Parking Spaces Required (per dwelling unit unless otherwise noted)
Single-family detached dwelling unit (on a lot less than 10,000 square feet)	2 spaces
Single-family detached dwelling unit (on a lot 10,000 square feet or greater)	3 spaces
Duplex	2.5 spaces
Townhouse	2.5 spaces
Multi-family	2.5 spaces
Age restricted housing (55 and older; any type)	1 space per unit (plus additional spaces based on office and other service areas if applicable)
Group home	1 space per 300 square feet gross floor area
Personal care boarding home	1 space per unit

Commercial Uses. Any portion of a building used for office, repair/service, retail, and restaurants require parking as pertains to that individual use, as if it were a freestanding use.

Use	Parking Spaces Required (spaces per gross floor area unless otherwise noted)
Retail (general)	1 space per 200 square feet
Supermarket/grocery stores	1 space per 200 square feet
Furniture, appliance, carpet, musical instrument stores	1 space per 350 square feet
Sales of construction equipment, farm equipment, feed, boat and marine vehicles, mobile/motor-home vehicles, motor vehicles, and monument, burial vault and casket sales	1 space per 350 square feet of office, sales, and service area plus I space per 3,000 square feet of outside sales area
Automobile service station	1 space per pump, 6 spaces per repair/service bay, and additional spaces based on retail space
Barbers and beauticians	2 spaces per chair
Car wash	4 spaces per stall, plus 1 space per vacuum if applicable
Funeral home	1 space per 3 seats based on maximum building occupancy
Bowling alley, miniature golf course	5 spaces per alley, 2 spaces per golf tee
Billiard parlors, amusement enterprises	2 spaces per table or machine
Business, professional, and financial offices (including mail order)	1 space per 250 square feet
Medical, dental, and veterinary offices/hospitals	1 space per 200 square feet
Arenas, stadiums, auditoriums, theaters, dance halls	1 space per 4 fixed seats; otherwise 1 space per 4 persons based on maximum building occupancy
Eating and drinking establishments/caterers	1 space per 50 square feet or inside seating area, plus 1 space per 100 square feet of outside seating area
Hotels or motels	1.2 spaces per room
Radio and/or television studios	1 space per 250 square feet
Post office	1 space per 200 square feet
Mining and quarrying	1 space per 250 square feet of office use
Horse riding stables and academies	1 space per 2 stalls
Animal kennels	1 space per 500 square feet
Cemeteries	1 space per 350 square feet of public area in mausoleum or similar structure
Shoe repair, tailors, seamstresses	1 space per 200 square feet
Public and private garages for the storage of motor vehicles	1 space per 250 square feet of office
Tanning salon	1 space per bed
Laundromat	1 space per 3 washers or dryers
Rural agricultural service establishments	1 space per 250 square feet
Greenhouses open to the public	1 space per 250 square feet of sales area

Industrial Uses. Any portion of a building used for office, repair/service, retail and restaurants require the parking as pertains to that individual use, as if it were a freestanding use, in addition to the following:

Use	Parking Spaces Required (spaces per gross floor area unless otherwise noted)
All industrial uses except those specified below	1 space per 350 square feet plus 1 space per 1,000 square feet of outdoor operations (excluding storage)
Auto wrecking, junk and scrap establishments	1 space per 5,000 square feet of indoor/outdoor storage area plus required office/repair/service area
Freight and trucking terminals, moving and storage, parcel delivery and express transfer stations, depots and wholesale distribution warehouses	1 space per 2,000 square feet

Public, Quasi-Public, and Transportation Uses. Any portion of a building used for office, repair/service, retail and restaurants require the parking as pertains to that individual use, as if it were a freestanding use, in addition to the following:

Use	Parking Spaces Required (spaces per gross floor area unless otherwise noted)
Ambulance, emergency, fire and rescue, taxi and limousine service	2 spaces per vehicle plus 1 space per 350 square feet
Bus passenger station (park and ride lots, vanpooling lots, etc.)	1 space per 200 square feet of gross flour area or lot area sufficient to support program
Child daycare center	1 space per 350 square feet (minimum of 3)
Churches and other places of worship	1 space per 4 seats based on maximum occupancy
Clubs, lodges, fraternal organizations, community centers, health and athletic clubs, studios for instruction in music, performing arts, photographic and craft studios, martial arts, dance, and gymnastics facilities	1 space per 3 persons based on maximum occupancy
Gulf courses and driving ranges	4 spaces per hole, 2 spaces per tee on driving ranges
Hospital	1 space per 400 square feet
Nursing homes, personal care homes, and other convalescent homes	1 space per room
Libraries, museums, art galleries, government buildings	1 space per 500 square feet with bus/van parking areas of 1 space per 2,000 square feet (apply auditorium standards to auditorium areas)
Institutions of higher education, high schools, vocational/technical and business training schools	1 space per 300 square feet for classrooms, offices, cafeteria, plus additional spaces based on components (e.g., arena, theater, etc.)
Nursery, kindergarten, elementary, and middle schools	1 space per 1,000 square feet
Private recreation areas	25 spaces per established field/activity area

Agricultural, Forest, Conservation Uses. All parking areas within this zone are permitted to be gravel.

Use	Parking Spaces Required (spaces per gross floor area unless otherwise noted)
Archery range	1 space per target
Rifle or pistol range	1 space per stand or shooting bench
Skeet or shotgun range	1 space per shooting station
Campground	1 space per site, 1 space per picnic table, plus additional spaces based on components (e.g., cafeteria, recreation building, etc.)
Seasonal dwellings	2 spaces per dwelling

Handicapped Parking. The size and number of these spaces shall be required as specified in the International Building Code and/or ADA requirements. The signage for each space must contain the handicapped symbol, state that violators will be towed or fined and the minimum and maximum fine.

Parking Lots. For the purposes of this chapter, parking lots are defined as facilities providing off-street parking space for five or more motor vehicles. All parking lots shall meet the design and maintenance standards specified below. All applications for a zoning permit to use land, in whole or in part, as a parking lot as herein defined shall be accompanied by a land development plan.

Dimensions. All parking spaces shall comply with the dimensions specified in Subsection 8A above. The minimum dimensions of all aisles providing access to parking lot spaces shall be as follows:

Angle of Parking Space to Aisle (in degrees)	Aisle Width (in feet)
	One Way	Two Way
Parallel	12	20
30 (150)	12	20
45 (135)	15	20
60 (120)	18	20
90	24	24

No portion of any parking space shall intrude into the required aisle width. For aisles providing access to parking spaces set at angles other than those specified above, the required aisle width shall be that of the nearest specified angle of parking. If equidistant from specified angles, the greatest aisle width of the two nearest angles shall apply.

Obstructions. Parking lots shall be designed to permit each motor vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle.

Ingress and Egress. Entrance and exit driveways and aisles linking parking lots to public streets shall comply with the standards for motor vehicle access stipulated in the "Motor Vehicle Access" section of this chapter. Parking spaces shall be designed to prevent motor vehicles from backing onto a public street in order to leave the lot.

10.

Loading Regulations. Space for the loading and unloading of vehicles shall be provided when required below. Each required space shall be at least 12 feet in width, 45 feet in length and have a vertical clearance of at least 14 feet. Spaces shall be located no closer than 10 feet from a public right-of-way and five feet from any other lot line and shall be paved with an all-weather material.

One off-street loading space is required for all nonresidential uses with a floor area of at least 5,000 square feet but less than 20,000 square feet or more, one additional space shall be provided for each additional 20,000 square feet or fraction thereof.

Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.

All required loading and unloading spaces shall be located on the same property as the use they serve.

The provisions of Subsections 9 and 10 above, pertaining to off-street parking space, shall also pertain to all required off street loading and unloading spaces.

11.

Parking for Vehicles for Sale or Rental and for Vehicle Storage. Motor vehicles, motorcycles, mobile homes, recreational vehicles, boats and marine craft, held for sale or rental, may be displayed or stored only in accordance with the terms of this subsection:

Motor vehicles, motorcycles, mobile homes, recreational vehicles, boats and marine craft held for sale or rental may be displayed or stored only on the lot of the principal place of business of the owner of the sale or rental business or on an adjacent separate lot, but only if the adjacent separate lot is used for no other purpose than the display or storage of said items.

All areas used for such display or storage must be located in accordance with the setback requirements set forth in this chapter for parking lots. All screening required of parking lots shall apply to display and storage parking areas.

Areas used for display or storage of said items must be constructed of an impervious surface, unless a pervious surface is approved by the municipal engineer and, in both cases, in accordance with the specifications of the municipal engineer.

Areas used for display or storage of said items may not be used in calculating required off-street parking.

No motor vehicle, motorcycle, mobile home, recreational vehicle, boat or marine craft may be displayed or stored in an area or manner other than set forth on an approved land development plan.

§ 27-804 Landscaping Regulations.

[Ord. 2007-03, 5/2/2007, § 804; as amended by Ord. 2009-02, 4/6/2009; and by Ord. 2012-04, 5/7/2012]

Intent. The intent of this section is to provide landscaping requirements which:

Enhance and promote the image of the community.

Protect the public health, safety and welfare by:

Screening and buffering incompatible land uses.

Minimizing noise, air, water, dust and visual pollution.

Preserving property values and the character of neighborhoods.

Reducing the heat and glare absorbed and radiated by development.

Helping control soil erosion.

Increasing traffic safety.

Increase the variety of plant materials used in landscape plans.

Improve the aesthetics of the site through seasonal diversity of plantings.

General Requirements.

Required buffers shall be reserved solely for open space and landscaping. No proposed building addition, structure, parking area or any other type of physical land improvement shall be located in a required buffer; provided, that driveways or roads may cross required buffers if necessary to provide access to the building site. Sidewalks, bikeways and pedestrian paths may also be located within required buffers.

All selected trees and shrubs must be listed on the official municipal plant list.

All landscaping, trees and planting materials adjacent to parking areas, loading areas or driveways shall be properly protected by barriers, curbs or other means from damage by vehicles. In addition, the tree or shrub shall be planted a minimum of three feet from any curb.

Plant materials with seasonal diversity should be selected and distributed throughout the site.

Conflicting Requirements. In the event that one or more of the subsections of this section, is applicable and there is a conflict among them, the more restrictive subsection requirement shall apply.

Landscaping Plan. When a site or land development plan requires the installation of landscaping, subject to the requirements of this section, a landscaping plan shall be submitted along with the site or land development plan. The landscaping plan shall show the following:

The location of all buffer yards and planting areas shall be graphically depicted.

The plan must graphically depict the distribution, mature height and spread of all required plant materials. The official municipal plant list shows the plant height and spread which is to be used for each plant species.

The plan must show a table which identifies the required and proposed number of each plant species being provided for each type of buffer, screen or other use (i.e., the number of plants within each flexible buffer yard, corridor overlay buffer, parking lot, general site). The table shall also identify the botanical and common name of each plant, the mature height and spread and the symbol used for the plant.

The plan must identify the specific size and species of materials, both vegetative and fencing, which will be used for screening of trash collection and storage areas.

Maintenance.

The owner or his agent shall be responsible for the maintenance, repair and replacement of all landscaping materials and screening fences or walls to maintain conformance with the landscaping requirements.

Any plant material that is 25% dead or more shall be considered dead and must be replaced.

Replacements shall be made during the first spring or fall planting season following the death of the plants.

Replacements shall be of the same size and type (canopy, understory, shrub) of plant as shown on the plan.

All parking lots and buffer yards shall be kept free of litter and trash.

Standards. All landscape material planted shall meet or exceed the following standards at the time of planting:

All canopy trees shall reach a minimum height of 20 feet at maturity and shall have a caliper of at least two inches at planting. Canopy trees are to be planted such that the majority of the canopy is located on the site of the applicant's land development.

All evergreen trees shall reach a minimum height of 20 feet at maturity and shall be a minimum of six feet tall at planting.

All understory trees shall reach a minimum height of 10 feet at maturity and shall have a caliper of 1 1/2 inches at planting.

All deciduous or evergreen shrubs used for general or parking lot landscaping must be a minimum of two gallons at planting.

Where the plantings identified in Subsections 6A through 6D immediately above, would result in an inappropriate or impractical design due to underground utilities, overhead wires or other factors, the following substitutions may be made:

Two understory trees (1 1/2 inch caliper) may be substituted for one canopy tree.

Two evergreen trees may be substituted for one canopy tree.

One evergreen tree may be substituted for five shrubs.

Use of Existing Vegetation.

Where an existing hedgerow or forested area is located within a proposed buffer yard, the use of existing vegetation is encouraged, to the extent that a suitable buffer will be provided. One existing canopy tree of at least four-inch caliper may be substituted for one new tree. The existing tree must be listed on the municipality's Official Plant List or approved substitution list.

Existing understory trees and shrubs may be substituted for new understory trees or shrubs. The existing trees and shrubs must be listed on the municipality's Official Plant List.

In an area where the canopy trees will not allow for the planting and growth of understory trees, four shrubs could be planted in lieu of each required understory tree.

Prior to plan approval, the plan for tree substitution must be verified by the Zoning Officer.

Preservation of Existing Vegetation. Existing site vegetative tree growth of four inches trunk diameter or larger is encouraged.

Use of Existing Features. Lots separated by a bona fide drainage way, creek way or stream channel may not substitute such condition for a portion of any corresponding buffer yard width.

10.

Screening of Trash Collection and Storage Areas. All trash collection and storage areas shall be screened from all adjoining properties and streets with vegetative materials and/or fences of at least eight feet in height at the time of installation.

11.

Access and Visibility. No tree, shrub, fence, wall or similar item shall be installed in the sight triangle of any corner, street intersection or accessway intersecting a public right-of-way that would cause an obstruction to visibility.

12.

Flexible Buffer Yard.

Purpose. Flexible buffer yards are intended to aid the municipality in protecting the community character by separating incompatible uses between adjacent zoning districts. The purpose of the flexible buffer yard requirements is to alleviate problems which could be encountered by a single standard. The requirements of this section can reasonably accommodate the characteristics of each site and the range of land uses.

Procedure. The following procedure shall be used to determine the type of buffer yard required between two uses located on separate but abutting parcels:

Step One. Identify the land use classification of the proposed use and of all existing uses located on separate adjoining lots by referring to the Land Use Intensity Classification Chart as follows:

	Land Use Intensity Classification Chart
	Group I
	Agricultural
	Single-Family Detached Residential Uses
	Duplex Residential Uses
	Nonagricultural Residential Lot
	Stormwater Detention Basin
	Group II
	Public/Private Recreation Areas
	Townhouses, Multifamily Housing other than Duplexes
	Churches and other places of worship
	Schools
	Group III
	Commercial Uses
	Group IV
	Industrial Uses
	All uses not identified in Groups I, II or III. If there is a question as to which group a use should be classified under, the municipal Zoning Officer shall determine the group based on the most comparable land use to the use listed in the application for land development or subdivision plan. The use group of vacant land adjacent to the site is determined by identifying the least intensive use permitted within the applicable zoning district.

Step Two. Determine the buffer yard required between uses by referring to the following Buffer Yard Table 1.

	Buffer Yard Table 1
	The table set forth below displays the range of buffer yard requirements associated with the site use from the use groups found on the Land Use Intensity Classification Chart at Subsection 12B above. The letters A-D denote the planting plan buffer option set forth in Buffer Yard Table 2. The letter (N) means that no buffer yard is required.

Land Use Intensity Classification of Proposed Development	Land Use Intensity Classification of Adjacent Lot(s)
	I	II	III	IV
Group I	N	N	N	N
Group II	B	A	B	C
Group III	C	B	A	B
Group IV	D	D	B	A

Step Three.

Determine the specific buffer yard to be used based on the options for each bufferyard in the following table (Buffer Yard Table 2).

Table 2 below displays the range of buffer yard requirements associated with each buffer yard and shows the minimum planting units required per every 100 linear feet of distance along a site's perimeter. Areas less than 100 linear feet and/or fractions thereof are to be landscaped with the corresponding ratio by 100 linear feet, rounded up to the nearest whole plant.

Buffer Yard	Required Width	Canopy Tree	Understory Tree, Evergreen Tree	Deciduous or Evergreen Shrub
A	25 feet	3	4	—
	15 feet	2	6	—
B	25 feet	2	5	8
	15 feet	2	6	9
C	25 feet	2	7	12
	15 feet (6 feet minimum height wall or fence)	1	8	8 w/fence/wall
D	30 feet	2	6	12
	15 feet (6 feet minimum height wall or fence)	2	8	18 w/fence/wall

The installation of a fence or berm shall satisfy a portion of the buffer yard requirements of Buffer C and D as identified above if the fence consists of at least 50% fence material distributed evenly, not less than four feet nor more than six feet in height. A perimeter wall shall also satisfy a portion of the buffer yard requirements of Buffer C and D as identified above if the wall is not less than four feet nor more than six feet in height. When landscaping is being provided to buffer against a different use group than is on the site, the required plant material must be evenly distributed within each one-hundred-foot section of the buffer area. The even distribution of plantings is intended to screen objectionable views. When landscaping is being provided to buffer against the same use group as exists on the site, the required plant material may be grouped or unevenly distributed within each one-hundred-foot section of the buffer area.

Step Four. Determine the planting stock to be used as landscape materials for the buffer yard in question by referring to the municipality's Official Plant List.

Placement of Buffer Yard Width. The landscaped buffer yard area shall be established along the length of, and contiguous to, any lot line or demarcation of land use, such as a leasable area. The width of the area determined from Buffer Yard Table 2 of this section shall be measured at right angles to the lot line of the applicant's land development.

Buffer Yards Between Developments.

Buffer yards shall be required between two significant subdivisions of 20 or more lots or significant land developments of 25 acres or greater.

The type of buffer yard required shall correspond to the standards set in the Land Use Intensity Classification Chart and Buffer Yard Table 1.

13.

Interior and Exterior Parking Lot Landscaping.

All parking lots shall meet the location requirements stipulated in the Parking section of this chapter. All raised yards surrounding the parking lot shall be bordered by a curb six inches high along the sides of the yard area abutting the parking lot, including spaces and aisles. Where the yards are not raised, separate stops shall be provided at the end of each parking space abutting the yards. Where walkways terminate at curbs, ramps shall be provided. Parking setback areas shall be planted with grass or similar vegetative material and may include shrubs, fences or walls.

Planting areas shall be installed at the end of all parking bays abutting an aisle or driveway. The planting areas shall be bordered by a curb six inches high wherever it abuts a space or aisle, and shall be at least 9.5 feet wide and extend the length of the parking space and/or bay. Each planting area shall be planted with a combination of suitable ground covers, grass, and/or mulch and a minimum of one canopy tree.

Utility poles and light standards are permitted within the planting areas provided they are separated from the spaces and aisles as detailed in the Parking Section of this chapter. Utility poles and light standards are also permitted within the parking lot provided the pole is surrounded on all sides by a six-inch concrete curb. The back of the curb must be a minimum of three feet away from the edge of the pole. No poles are permitted within a required parking space or drive aisle.

When parking bays incorporate more than 10 parking spaces in a continuous row, a raised island shall be incorporated within the parking bay for every ten parking spaces. The raised island shall be bordered by a curb six inches high minimum wherever it abuts a space or aisle and shall be 9.5 feet wide and extend the length of the parking space and/or bay. Each raised island shall be planted with a combination of suitable ground covers and/or grass and a minimum of one canopy tree. No islands are required in parking lots that are less than 60 feet in width as long as perimeter planting is used around the entire parking lot with the exception of where the parking lot abuts the building. Wherever a building adjoins a parking lot perimeter, islands shall be required.

In order to provide flexibility in design, reduce heat, glare and visual expansiveness, the following option may be considered in conjunction with interior landscaped islands: provision of a continuous landscaped strip between every four bays of parking in lots that contain eight or more bays in one area. The strip shall be a minimum of 15 feet wide and shall include a vehicle overhang of 2 1/2 feet when parking spaces are adjacent to the strip. The stall length with the overhang strip may be reduced to 16 feet. The strip shall contain a landscaped area of 10 feet minimum width and shall be planted with shade trees at a ratio of at least one tree for every 45 feet of the strip length inclusive of driveway widths. These trees shall be planted no less than 25 feet nor greater than 50 feet apart. A combination of suitable ground covers and/or grass shall cover the remainder of the strip. If the landscaped strip provides direct access to a building entrance, a minimum five-foot wide sidewalk shall also be included in the strip. In this event, the landscaped strip will be required to be 20 feet in width, with the sidewalk in the middle of the strip. The required trees can then be planted alternately on each side of the sidewalk at the required distance.

In the event an existing parking lot is being enlarged or revised, these regulations will apply only to the new section of the parking lot.

14.

Commercial District Planting Requirements.

In the HC and IC Districts, the off-street parking located within the front yard setback area shall be provided with a twelve-foot wide buffer yard between the parking lot and property line fronting any street right-of-way.

The planting shall provide shade and a view restrictive screen for parking areas. For evening uses, the screen is intended to function to block headlight glare affecting vehicles off site. Headlights of parked vehicles must be obscured from the public right-of-way.

One of the following options shall be used for the perimeter planting:

A minimum ten-foot wide landscaped strip shall be planted with a minimum of one canopy tree or evergreen tree and 15 shrubs per 35 linear feet of frontage along the parking area (excluding driveway openings).

A berm/earth mound, the top of which is at least two feet higher than the elevation of the adjacent parking lot pavement. The slope of the berm shall not exceed 25% (4:1) for lawn areas. Berms planted with ground covers and shrubs may be steeper. However, no slope shall exceed 50% (2:1). Berms shall be graded to appear as naturalistic forms not causing any soil erosion problems and planted with a minimum of one canopy tree and 10 shrubs per 35 linear feet of frontage along the parking area (excluding driveway openings).

A six-foot wide landscaped embankment strip and a minimum three-foot grade drop from the required yard area into any adjacent parking lot pavement. The resulting embankment shall be planted with a minimum of one canopy tree and 10 shrubs per 35 linear feet of frontage along the parking area (excluding driveway openings). At least 50% of the required shrubs shall be planted in the top half of the grade drop area.

A minimum of a five-foot wide landscaped strip with a minimum three-foot high brick, stone or finished concrete material wall to screen any parking lot. The wall shall be located adjacent to, but entirely outside, the minimum five-foot wide landscaping strip. The strip shall be planted with a minimum of one canopy tree and five shrubs per 35 linear feet of frontage along the parking area (excluding driveway openings).

No tree, fence, wall or similar item shall be installed in the sight triangle of any corner, street intersection or access way intersecting a public right-of-way that would cause an obstruction to visibility.

15.

Invasive Species. Invasive species as detailed below shall not be permitted as a component a landscape plan, except for those species that are existing on the site and are proposed for incorporation into the site landscaping pursuant to the provisions set forth in Subsection 13 above.

Characteristics of Invasive Species. Invasive plants displace naturally occurring vegetation and, in the process, upset nature's balance and diversity. Invasive plants share the following characteristics:

Rapid growth and prolific reproductive capabilities.

Highly successful seed dispersal, germination, and colonization processes.

Rampant spreading that takes over native species.

Costly to control.

Prohibited Species. In general, aggressive, nonnative plants have no enemies or controls to limit their spread. Those listed below shall not be permitted as a component of a land development plan, except for those species that are existing on the site and are proposed for incorporation into the site landscaping pursuant to the provisions set forth in Subsection 14 above.

Trees (botanic name; common name).

Acer platanoides; Norway Maple.

Acer pseudoplatanus; Sycamore Maple.

Ailanthus altissima; Tree-of-Heaven.

Elaeagnus angustifolia; Russian Olive.

Populus alba; White Poplar.

Ulmus pumila; Siberian Elm.

Viburnum lantana; Wayfaring Tree.

Shrubs and Vines (botanic name; common name).

Berberis thunbergii; Japanese Barberry.

Elaeagnus umbellate; Autumn Olive.

Euonymus alatus; Winged Euonymus.

Ligustrum vulgare; European Privet.

Lonicera japonica; Japanese Honeysuckle.

Lonicera maackii; Amur Honeysuckle.

Lonicera morrowii; Morrow's Honeysuckle.

Lonicera tatarica; Tartarian Honeysuckle.

Lonicera x-bella; Hybrid Honeysuckle.

(j)

Lythrum salicaria; Purple Loosestrife (herbaceous).

(k)

Morus alba; White Mulberry.

(l)

Morus rubra; Red Mulberry.

(m)

Phylostachys aubea; Bamboo.

(n)

Rhamnus cathartica; Common Buckthorn.

(o)

Rhamnus frangula; Glossy Buckthorn.

(p)

Rosa multiflora; Multiflora Rose.

(q)

Viburnum opulus; European Highbush Cranberry.

(r)

Aronia spp.; Red, Black and Purplefruit Chokeberry.

16.

Plants Native to Central Pennsylvania. Native plants appropriately selected for the site conditions provide a beautiful, hardy, low maintenance landscape while benefitting the environment. Once established, native plants save time and money by eliminating or significantly reducing the need for fertilizers, pesticides, water, and maintenance equipment.

In addition to a wide variety of plant species native to Central Pennsylvania, the following native plant list is well suited to the climate of the Nittany Valley Region and should be considered for use in an approved landscaping plan.

Trees (botanic name, common name).

Acer spp.; Maple species.

Amelanchier spp.; Serviceberry species.

Alnus rugosa; Hazel Alder.

Carpinus caroliniana; American Hornbeam.

Carya spp.; Hickory species.

[Reserved]

Cercis Canadensis; Eastern Redbud.

Cornus alternifolia; Pagoda Dogwood.

Cornus floridia; Flowering Dogwood.

(j)

Fagus grandifolia: American Beech.

(k)

Fraxinus spp.; White, Black and Green Ash.

(l)

Juniperus virginiana; Eastern Red Cedar (not for planting near playgrounds or walkways).

(m)

Liriodendron tulipifera; Tuliptree.

(n)

Nyssa sylvatica; Black Tupelo.

(o)

Ostrya virginiana; American Hophornbeam.

(p)

Pinus strobus; Eastern White Pine.

(q)

Pinus resinosa; Red Pine.

(r)

Platanus occidentalis; American Planetree.

(s)

Populus spp.; Aspen species.

(t)

Prunus. spp.; Pin and Black Cherry; Chokeberry.

(u)

Quercus spp; Black, White, Northern Red, Scarlet, Pin and Chestnut Oak.

(v)

Rhus spp.; Sumac species ("grow low varieties").

(w)

Salix discolor nigra; Pussy and Black Willow (plant near water sources, not near buildings).

(x)

(Reserved)

(y)

Tilia Americana; American Basswood (Linden).

(z)

Tsuga Canadensis; Canada Hemlock.

Shrubs (botanic name; common name).

Alnus serrulata; Common alder.

[Reserved]

Comptonia peregrine; Sweetfern.

Corpus spp.; Dogwood species.

Corylus spp.; Filbert species.

Hydrangea arborescens; Smooth Hydrangea.

Hypericum prolificum; Shrubby St. Johnswort.

Ilex verticillata; Common Winterberry Holly.

Kalmia latifolia; Mountain Laurel.

(j)

Lindera benzoin; Common Spicebush.

(k)

Rhododendron arborescens; Sweet Azalea.

(l)

Rhododendron mudiflorum; Pinxterbloom Azalea.

(m)

Rhododendron roseum; Roseshell Azalea.

(n)

Rubus spp.; Blackberry, Raspberry, and Thimbleberry.

(o)

Sambucus spp.; Elder species.

(p)

Vaccinium spp.; Lowbush and Highbush Blueberry; Deerberry

(q)

Viburnum spp.; Mapleleaf, Hobblebush, and Cranberrybush Viburnum.

§ 27-805 Open Space and Parkland Dedication and Regulation.

[Ord. 2007-03, 5/2/2007, § 805; as amended by Ord. 2009-02, 4/6/2009]

Intent. It is the intent of this section to conserve land by providing for efficient use of land and infrastructure and by providing parkland for all to enjoy now and in the future, to provide open space which shall enhance and improve the quality of a residential subdivision or land development, and to further provide for the long-term value of the entire development. It is also the intent of this section to ensure that adequate parks and recreational facilities are provided to meet the needs of the residents as these needs are generated by new subdivision and land development activity. Lastly, it is the intent of this Part to protect the natural environment.

Applicability. This section shall apply to all subdivision plans and/or land development plans which include a residential use within the R-1, R-4, A-2 and C zoning districts.

Exemptions.

All parcels that are five acres or larger in area at the time of enactment of this chapter shall be entitled to subdivide up to two lots from the parent tract without having to comply with open space and parkland regulations.

Lots less than 10 acres created under this exemption are to be restricted from further subdivision and land development activity by permanent deed restriction.

Lots 10 acres or greater created by this exemption and the remainder of the parent tract shall comply with the open space and parkland regulations if resubdivided at any time in the future.

Zoning Districts VC - Village Commercial and R-2 Town Residential are exempted from these regulations.

Lot addition and lot consolidation plans, which do not reduce any required and approved open space or parkland requirements.

General Requirements.

Open space/parkland acreage shall be calculated based on gross acreage of the parcel(s). Open space/parkland acreage (as calculated) shall not include existing playgrounds or athletic fields, stormwater facilities or other open space areas of schools or churches, roadways or parking lots or yards individually owned. Open space acreage shall include land exclusive of buildings and other structures, accessible to all residents of the development, either for active or passive recreational uses as prescribed.

At no time during the development of various phases or sections of a plan may the total area of open space in the sections developed be less than that required in the density calculation, unless additional area to produce the required percentage is permanently reserved as common open space on the remaining land of the total development. The location or size of this reserved common open space on remaining land may be altered or changed by the approval of the final plan of an additional section or sections.

All new subdivision plans which incorporate "open space" acreage shall designate 50% of said acreage as "parkland," subject to the minimum requirements contained in this chapter. The location of this parkland acreage shall be designated by the developer in accordance with the regulations included herein and agreed to by the Spring Township Board of Supervisors, and shall be made a part of the preliminary and/or final plans of record for the subdivision plan.

The municipal governing body shall have the power and discretion to require unimproved open space areas and parkland to be improved prior to completion of the development of any stage of said tract if the tract is developed in stages.

Areas set aside for open space/parkland under this Part shall be consistent with the Nittany Valley Regional Comprehensive Plan for future land use.

Written narrative statement to include the following:

A statement of the ownership of all the land included within the development.

An explanation of the design pattern of the development.

A statement describing any proposed innovative design concepts included in the plan.

The substance of covenants, grants of easement or other restrictions proposed to be imposed on the use of the land, buildings and structures, including proposed easements or grants for public use or utilities.

A description of the form of organization proposed to own and maintain the open space and parkland, recreational facilities and structures or other facilities.

A statement of the proposed use and improvement of open space and recreational facilities.

A description of proposals to preserve natural features and existing amenities and a statement of conceptual landscaping designs.

A statement describing the stormwater management methods to be employed.

Design Criteria. All acceptable open space/parkland shall be required to meet these criteria:

General Design. Areas shall generally be designed as neighborhood parks or natural areas which provide recreational opportunities for the residents within the subdivision or in close proximity.

Access. Parkland/open space acreage must be readily accessible to all development residents that it is intended to serve. The dedicated land shall abut a public street and shall have a minimum frontage of 50 feet or shall adjoin and become part of an already existing park area which is accessible from a public street. If appropriate, access to the park from other parts of the neighborhood shall be provided through twenty-foot access easements with ten-foot wide paved walkways installed by the owner or developer. Depending upon the parkland size or shape, it may be necessary to provide access from an additional public street, as deemed appropriate by the municipal governing body. Other open space lands shall be accessible from a public street or shall adjoin and become a part of an already existing open space area which is accessible from a public street.

Shape. Parkland acreage shall have a lot length to width ratio no greater than 2.5 to 1, unless otherwise approved by the Board of Supervisors. The shape shall be suitable to accommodate those park activities appropriate to the location and needs of the residents.

Slope. The majority of the parkland acreage shall have a slope of not more than 3%, and the average slope of the park, as measured perpendicular to the contour lines, and no portion of the parkland shall exceed 8%. The remaining open space may include steep slopes, but no more than 30% of the total required open space (including parkland acreage) may contain steep slopes, as defined in this chapter. These restrictions shall be adhered to unless otherwise approved by the Board of Supervisors.

Floodplain. Open space may be located within a floodplain if its proposed use is deemed to be acceptable. A maximum of 25% (one-quarter) of the total parkland acreage may be located within a floodplain, contingent upon the approval. No parkland acreage may be located on or within any drainage way, wetlands area or steep slope area unless otherwise approved. The developer must obtain certification that property to be dedicated does not include wetlands unless the proposed use is open space with no proposed improvements. The developer must also provide sufficient justification for its proposed use to obtain approval. All approvals within this section shall be made or denied by the Board of Supervisors.

Stormwater Management Facilities. Stormwater facilities shall not be included as a part of the open space/parkland, unless there is a usable area for recreation provided, as determined by the municipal governing body.

Pedestrian and Bicycle Paths. The use of pedestrian and bicycle paths may be accepted as open space if they meet all of the following conditions:

The minimum width of the open space right-of-way or easement shall be 20 feet.

The pedestrian and bicycle paths have a logical beginning and ending point, which provides an appropriate means of access to either a park or other facilities the residents are likely to use.

The cost of improving the pedestrian or bicycle path is provided by the developer in order to accommodate its intended use. This shall not be considered as a credit towards a fee-in-lieu of land dedication. This requirement is necessary since the dedication of narrow strips of land has relatively little value compared to a larger parcel.

Utilities. Tracts of open space and parkland acreage are to be accessible to, but not crossed above the surface by, telephone, power, fuel, water or sewer lines. If any of these facilities are placed underground, no part of them or their supportive equipment shall protrude above ground level within an active play area. When parkland is to be dedicated to the Township, utilities such as water, sewer and electric shall be extended to the parkland. The location of the utility extensions shall be approved by the Township.

Additional Criteria for Parkland. The following criteria apply only to parkland acreage, in addition to the above criteria:

Location. The parkland shall be located, to the extent possible, so that it equally serves all residents of the development, but in all events the land shall be accessible to those it is designated to serve. In some instances, the Township may require that the parkland be placed in a location where it may be combined with existing parkland from an adjacent development or park. In determining the location of parkland, reference should be made to the Spring Township's Parks and Recreation Board Master Plan to determine if there are proposed parkland locations in the vicinity of the site.

Size. The minimum parcel size shall be no less than four acres.

Improvements. Improvements to be constructed or placed on parkland shall be determined by agreement between developer (and/or agent for developer) and Spring Township Board of Supervisors. All improvements are to be graphically shown on preliminary subdivision and/or land development plans. The developer shall be responsible for installation/construction of any improvements to any open space and parkland acreage.

Ownership and Maintenance.

The deed or deeds, or reciting, to any land set aside as open space must contain a restriction, in a form acceptable to the municipal governing body, to be duly recorded in the office for recording of deeds, in and for the County, eliminating the possibility of further subdivision of said open space in the future. The municipality may require dedication to the municipality or other jurisdiction of all or part of the required common open space.

Administration, Operation and Maintenance of Parkland Lands. The Township shall have the option of acceptance for dedication of lands deemed to qualify as parkland acreage. If accepted, the Township will officially accept the parkland at the time of final approval and recording of the plan and installations of said improvements. At such time, a general warranty deed free from all encumbrances shall be recorded for the dedicated land and it shall contain the following restrictive clause: "This land was dedicated to the Township of Spring for perpetual public park purposes pursuant to the Spring Township Zoning Ordinance." Upon acceptance of dedicated parkland, the Township or its designee shall be responsible for maintaining all dedicated parkland parcels. Formation of and cooperation with a property owners associations or similar organizations for purposes of maintenance shall be encouraged, but the responsibility of ensuring that work is performed shall remain with the Township. If Spring Township Board of Supervisors elects to not accept dedication of parkland, administration, operation and maintenance of the parkland acreage shall be treated the same as the administration, operation and maintenance of all other open space lands within the development.

Administration, operation and maintenance of the open space lands shall be provided for by the developer unless one of the following options is exercised: Open space lands may be administered and maintained by a property owners association. The property owners association shall not be dissolved nor shall it dispose of any or all of the open space land, by sale or otherwise, except to a successor organization conceived as established to administer, operate and maintain the common open spaces, without first offering to dedicate the same to the municipality. The municipality shall have 120 days to accept or reject such dedication. Membership in the property owners association shall be mandatory for every household living in the development. Such an organization shall be established by the developer before any dwelling. Units are occupied and shall provide a means for raising monies for maintenance in such a way that increases in these monies may be realized at a future date to cover rising costs and/or increased responsibilities.

Open space land may be administered and maintained by the municipality. The municipality may at any time and from time to time, accept the dedication of, or parts of, the open space land or any interest therein for public use and maintenance, but the municipality need not require, as a condition of the approval, that land proposed to be set aside for common open space be dedicated or made available to public use. Nothing herein shall be construed to mean that the municipality is obligated to accept or maintain such dedicated land. Where the municipality has accepted the dedication of open space as provided herein, such land and improvements shall be open to the residents of the municipality.

Open space lands may be administered and maintained by an open space trust. A trustee of this kind shall hold title to said open space lands and shall be responsible for hiring professionals to administer, operate and maintain all open space lands. Such deed shall contain stipulations outlining easements over the surface of said open space lands for each resident of the development whether he resides in a rental unit or owned unit.

The developer shall establish the property owners association and provide complete details concerning the proposed body, its powers, rights, duties, responsibilities, etc., in regard to the ownership and maintenance of the common open space, which shall be subject to approval by the municipal governing body. No final plan shall be approved by the municipal governing body without such prior approval. All deeds for conveyance of land in the development shall recite the rights and responsibilities of the purchases in all open space areas.

Lack or Failure of Maintenance. In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the organization fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the municipality may serve written notice upon such organization or upon the residents of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected:

Within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the municipality may modify the terms of the original notice as shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the municipality, in order to preserve the taxable values of the properties within the development, and to prevent the common open space from becoming a public nuisance, may enter upon said common space and maintain the same for a period of one year. Said maintenance by the municipality shall not constitute a taking of the said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization, call a public hearing upon notice to such organization or to the residents of the development, to be held by the municipal governing body, at which hearing such organization or the residents of the development shall show cause why such maintenance by the municipality shall not, at the option of the municipality, continue for a succeeding year. The municipal governing body shall determine that such organization is ready and able to maintain said common open space at the end of the year. If the municipality shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the municipal governing body shall be subject to appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals.

The cost of maintenance by the municipality shall be assessed ratably against all the properties within the development and shall become a lien on said properties when filed. The municipality at the same time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County, upon the properties affected by the lien within the development.

Fee-In-Lieu of Parkland Dedication. The payment of fee-in-lieu of land dedication shall be in accordance with the requirements of Article V, § 503(11) of the Pennsylvania Municipalities Planning Code (Act 247), as amended. The fee-in-lieu of parkland shall be used to create and enhance public recreation areas which will directly or indirectly benefit future inhabitants of the development or subdivision providing the fee.

If the Board of Supervisors determines that there is not acceptable land for parkland dedication, or that the subdivision is too small to allow for a suitable amount of land for dedication, or that it is not practical to dedicate parkland, or that there already exists an adequate amount of parks and open space land and recreational facilities, or that the location of the parkland within the proposed subdivision is not consistent with the adopted Spring Township Parks and Recreation Plan, a fee-in-lieu may be considered by the developer. Such determination shall be made at the preliminary plan stage.

The parkland fee-in-lieu rate shall be established by resolution of the Board of Supervisors and shall be assessed on a per housing unit basis.

After receiving the recommendation of Spring Township staff and the Spring Township Planning Commission, the Spring Township Board of Supervisors may determine that a fee-in-lieu would be more beneficial to the residents of the Township than a land dedication for parkland.

As part of the approval process, the Township Manager or the Township Zoning Officer, under direction of the Board of Supervisors, shall send written notice to the developer that the Board has determined that a fee-in-lieu would be more beneficial to the Township's residents than the dedication of parkland.

The Board of Supervisors may, at its option and with the developer's agreement, require the dedication of some land and the payment of a fee-in-lieu of dedication for the balance. This may be determined primarily based on existing parkland being located adjacent to the proposed subdivision or land development plan and the desire to expand the existing parkland, but may incorporate other factors as well.

§ 27-806 Floodplain Conservation.

[Ord. 2007-03, 5/2/2007, § 806; as amended by Ord. 2009-02, 4/6/2009; and by Ord. 2015-01, 1/12/2015]

Statutory Authorization: The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978, delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Board of Supervisors of Spring Township does hereby order as follows.

All land and watercourses defined herein as floodplains shall be subject to the following regulations regardless of the district regulations within which such land and watercourses are located. The floodplains are defined as: (A) those areas subject to inundation by the one-hundred-year flood as delineated by the Flood Insurance Study and accompanying Flood Insurance Rate Map (FIRM) for Spring Township prepared by the Federal Emergency Management Agency, dated January 16, 2015, or the most recent revision thereof.

The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by Spring Township and declared to be a part of this section.

The AE Area/District shall be those areas identified as an AE Zone on the firm included in the FIS prepared by FEMA and for which one-hundred-year flood elevations have been provided in the FIS.

The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no one-hundred-year flood elevations have been provided. For these areas, elevation and floodway information from Federal, State or other acceptable sources shall be used when available. Where other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site. In lieu of the above, the municipality may require the applicant to determine the one-hundred-year flood elevation with detailed hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualification, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township. Where a difference exists between these two documents, the document which delineates the greater area shall be used. Any changes to the data contained in the Flood Insurance Study are subject to the approval of the Federal Emergency Management Agency (FEMA).

Intent. It is the intent of this section to preserve the natural functions of floodplains, to promote the general health, welfare, and safety of the community, to protect life and property from the hazards of flooding, to protect the waters of the Township and to minimize the financial burdens which floods impose upon the community. These purposes shall be advanced by preventing certain uses and structures from locating in floodplains while allowing others which will not (1) impede the flow of flood waters; (2) present the hazard of pollution, erosion and sedimentation of floodplains and watercourses; (3) result in increased surface runoff and downstream flooding; and (4) impede the recharge of aquifers.

Abrogation and Greater Restrictions. This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this section, the more restrictive shall apply.

Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the ordinance, which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.

Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.

This section shall not create liability on the part of Spring Township or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Permitted Uses. Floodplains may be only used for the following; provided, such uses and structures do not conflict with the limitations of Subsection 1F below:

The tilling of the land, the raising of crops, fruits and vegetables and the raising and keeping of livestock and poultry.

Horticultural uses related to the raising, propagating and selling of trees, shrubs, flowers and other plant materials.

Forestry uses related to the harvesting of lumber products.

Public and private conservation areas for the conservation of open space, water, soil and wildlife resources.

Park and recreational areas, including golf courses and driving ranges in districts where permitted.

Essential services provided such facilities are designed and built to minimize and eliminate flood damage and infiltration; and are designed and built to applicable Spring-Benner-Walker Joint Authority and Spring Township Authority specifications.

Retaining walls, flood retention dams, culverts and bridges as permitted by the Pennsylvania Department of Environmental Protection.

Customary uses accessory to the above.

Use Limitations. The uses permitted above in Subsection 1E are limited as follows:

All new construction or development (including substantial improvements) are prohibited, except park shelters.

Improvements or modifications to an existing structure shall be permitted but they shall be elevated or floodproofed as much as possible; provided, that said improvements or modifications involve (a) less than 50% of the fair market value and (b) less than 50% of the square footage as it existed on April 15, 1977.

All other uses whether temporary or permanent are prohibited including, but not limited to, the following which are not interpreted as being customary accessory uses: filling in of the floodplain; sanitary landfill or dumping of any kind; fences which impede, retard or change the direction of the flow of water or catch or collect debris carried by such water; outdoor storage of materials which are buoyant, flammable or explosive; and onsite sewage disposal systems.

Prior to any proposed alteration or relocation of any stream or any watercourse, etc., within the Township, a permit shall be obtained from the Department of Environmental Protection regional office, Dams and Encroachment Division, as specified in the Dam Safety and Encroachment Act, as amended. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both FEMA and the Department of Community and Economic Development (DCED).

Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

Site Plan Review. All applications for zoning permits for lots, uses, structures and any development located within a floodplain or within 100 feet of a floodplain shall submit a site plan, as required by Part 11 of this chapter; additionally these items shall be shown on the plan.

The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.

The elevation of the one-hundred-year flood.

If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.

Detailed information concerning any proposed floodproofing measures.

Identifying Zones. The identified floodplain area shall consist of the following specific areas:

FW (Floodway Area). The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those Special Flood Hazard Areas where no floodway has been identified in the FIS and FIRM.

The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.

AE Area without floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.

The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other Federal, State, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.

ACCESSORY USE OR STRUCTURE

The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by 1% annual-chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.

Specific Definitions.

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

BASE FLOOD

A flood which has a 1% chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or 1% annual-chance flood).

BASE FLOOD DISCHARGE

The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).

BASE FLOOD ELEVATION (BFE)

The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.

BASEMENT

Any area of the building having its floor below ground level on all sides.

BUILDING

A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FLOOD

A temporary inundation of normally dry land areas.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

FLOODPLAIN AREA

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURES

Any structure that is:

(a)	Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
(b)	Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
(c)	Individually listed on a State inventory of historic places in states which have been approved by the Secretary of the Interior.
(d)	Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
	(i)	By an approved State program as determined by the Secretary of the Interior.
	(ii)	Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this chapter.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring, mechanical or other work affecting public health or general safety.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective start date of this section and includes any subsequent improvements to such structures. Any construction started after April 15, 1977, and before the effective start date of this section is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

POST-FIRM STRUCTURE

Is a structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM) dated April 15, 1977, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.

PRE-FIRM STRUCTURE

Is a structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM) dated April 15, 1977, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.

RECREATIONAL VEHICLE

A vehicle which is:

	(a)	Built on a single chassis.
	(b)	Not more than 400 square feet, measured at the largest horizontal projections.
	(c)	Designed to be self-propelled or permanently towable by a light-duty truck.
	(d)	Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOOD ELEVATION

The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.

REPETITIVE LOSS

Flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.

SPECIAL FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-30, AE, A99, or, AH.

START OF CONSTRUCTION

Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

SUBDIVISION

The division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" or "repetitive loss" regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Development in Floodplain. It shall be the duty of any landowner or developer applying for a permit for development in the floodplain as designated in the Flood Insurance Study and accompanying Flood Boundary and Floodway Map (FBFM) to present evidence that all other necessary governmental permits including those required by State and Federal laws, have been obtained. This may include permits required by the Pennsylvania Sewage Facilities Act, No. 537 of 1965; the Pennsylvania Dam Safety and Encroachment Act of 1979; the Pennsylvania Floodplain Management Act, No. 166 of 1978; and the Federal Water Pollution Control Act Amendments of 1972, 4.4, 33 U.S.C. 1334, as amended.

Variances. If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Board in accordance with the Pennsylvania Municipalities Planning Code and the following:

Not withstanding the provisions of this subsection, no variance shall be granted for:

The commencement of any of the following activities, as the construction, enlargement or expansion of any structure used, or intended to be used, for any of the following activities:

Hospitals.

Nursing homes.

Jails or prisons.

The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.

Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) or any of the following dangerous materials or substances on the premises:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

(xii)

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulphur and sulphur products.

(xvii)

Pesticides (including insecticides, fungicides and rodenticides).

(xviii)

Radioactive substances, insofar as such substances are not otherwise regulated.

No variance shall be granted for any construction, development, use or activity within any A and AE area without floodway that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.

If granted, a variance shall involve only the least modification necessary to provide relief. If it should become necessary to grant any variance, the applicant shall be required to comply with all applicable requirements of the National Flood Insurance Rate Maps regulations (a, b, c and d). The applicant must also comply with any other requirements considered necessary by the Township.

In granting any variance, the Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this chapter.

Whenever a variance is granted, the Township shall notify the applicant in writing that:

The granting of the variance may result in increased premium rates for flood insurance.

Such variances may increase the risks to life and property.

In reviewing any request for variance, the Board shall consider, at a minimum, the following:

That there is good and sufficient cause.

That failure to grant the variance would result in exceptional hardship to the applicant.

That the granting of the variance will (i) neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expenses; (ii) nor create nuisances, cause fraud on or victimize the public, or conflict with any other applicable Sate or local ordinances and regulations.

A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency (FEMA). Not withstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.

Changes in Identification of Area. The identified floodplain area may be revised or modified by the Board where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency (FEMA). Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data.

Technical Provisions.

With any FW (floodway area), the following provisions apply:

Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurance of the base flood discharge.

No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.

Within any FE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.

No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.

Alteration or Relocation of Watercourse.

No alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection Regional Office.

No alteration or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.

In addition, FEMA and the Pennsylvania Department of Community and Economic Development, shall be notified prior to any alteration or relocation of any watercourse.

When a community proposes to permit the following encroachments:

Any development that causes a rise in the base flood elevations within the floodway.

Any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation.

Alteration or relocation of a stream (including, but not limited to, installing culverts and bridges).

The applicant shall (as per 44 CFR Part 65.12):

Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.

(ii)

Upon receipt of the Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.

(iii)

Upon completion of the proposed encroachments, a community shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.

Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this section and any other applicable codes, ordinances and regulations.

Design and Construction Standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area.

Residential Structures.

In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.

In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with this section.

Nonresidential Structures.

In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:

Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water.

(ii)

Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with this section.

Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.

Space below the Lowest Floor.

Fully enclosed space below the lowest floor (including basement) is prohibited.

Partially enclosed space below the lowest floor (excluding basement) which shall be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also included crawl space.

Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

A minimum of two openings having a net total area of not less than one square inch for every foot of enclosed space.

(ii)

The bottom of all openings shall be no higher than one foot above grade.

(iii)

Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Fill. If fill is used it shall:

Extend laterally at least 15 feet beyond the building line from all point.

Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.

Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.

Be no steeper than one vertical to two horizontal feet unless substantiated data, justifying steeper slopes are submitted to, and approved by the Building Permit Officer.

Be used to the extent to which it does not adversely affect adjacent properties. The provisions contained in the 2003 IBC (§§ 1801.1 and 1803.4) shall be utilized.

Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater to runoff in a safe and efficient manner. The system shall insure proper drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties. The provisions contained in the 2003 IBC (Appendix G401.5) shall be utilized.

Water and Sanitary Sewer Facilities and Systems.

All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.

Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.

No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all State and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it during a flood.

Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

Storage. All materials that are buoyant, flammable, explosive or in times of flooding, could be injurious to human, animal or plant life, and not listed in Subsection 1K(1)(c), development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or flood proofed to the maximum extent possible.

(10)

Placement of Buildings and Structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow of height of flood water.

(11)

Anchoring.

All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

(12)

Floors, Walls and Ceilings.

Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.

Plywood used at or below the regulatory flood elevation shall be designed and constructed of materials that are "water-resistant" and will withstand inundation.

Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are "water-resistant" and will withstand inundation.

Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other "water-resistant" material.

(13)

Paints and Adhesives.

Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or "water-resistant" quality.

Adhesives used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.

All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or "water-resistant" paint or other finishing material.

(14)

Electrical Components.

Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

The provisions pertaining to the above provisions and referenced in the UCC and 34 Pa.Code (Chapters 401-405) as amended and contained in the 2003 IBC (§ 1612.4), the IRC (§ R323.1.5), the 2000 IFGC (§§ R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be utilized.

(15)

Equipment.

Water heaters, furnaces, air conditioning and ventilating units and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.

The provisions pertaining to the above provisions and referenced in the UCC and Pa.Code (Chapters 401-405), as amended and contained in the 2003 IBC (§ 1612.4), the 2003 IRC (§ R323.1.5) the 2000 IFGC (§§ R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be utilized.

(16)

Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.

Special Requirements for Manufactured Homes. Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto, shall be:

Placed on a permanent foundation.

Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation.

Anchored to resist flotation, collapse or lateral movement.

Special Requirements for Recreational Vehicles. Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in this section, then the following provisions apply:

Recreational vehicles in Zones A, A1-30, AH and AE must either:

Be on the site for fewer than 180 consecutive days.

Be fully licensed and ready for highway use.

Meet the permit requirements for manufactured homes.

Special Requirements for Subdivision and Development. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revision and Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant.

Administration.

Designation of the Floodplain Administrator. The Spring Township Zoning Officer is hereby appointed to administer, keep all records and enforce this section and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: (a) Fulfill the duties and responsibilities set forth in these regulations, (b) Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or (c) Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.

In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Manager.

The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this section including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.

Permits Required.

A permit shall be required before any construction or development is undertaken within any area of Spring Township.

Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.

Information Required. If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:

All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances.

All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.

Adequate drainage is provided so as to reduce exposure to flood hazards.

Structures will be anchored to prevent floatation, collapse, or lateral movement.

Building materials are flood-resistant.

Appropriate practices that minimize flood damage have been used.

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.

§ 27-807 Slope Controls.

[Ord. 2007-03, 5/2/2007, § 807]

All land herein as having steep slopes shall be subject to the following regulations:

Intent. It is the intent of this section to control the development of land in areas containing excessive topography for the following purposes:

To limit erosion and sedimentation.

To protect watersheds and limit increases in stormwater runoff.

To prevent an increase in the possibilities of landslides and soil subsidence.

To maintain adequate foliage cover on hillsides.

Protect streams from increases in sediment pollution.

Permitted Uses. Steep slopes may be used as permitted by the district within which they are located, subject to the additional requirements below.

Principles of Development. Wherever possible, structures and grading of land shall only be located on portions of a lot where the slope is less than 25% as herein defined. However, where it is necessary to use steep slopes to permit development of a lot, all such proposals shall, in addition to other applicable regulations of this chapter, be in accordance with the following principles of development. All development on steep slopes shall:

Be oriented so that grading and other site preparations are kept to an absolute minimum.

Where grading is essential, shape such grading to complement the natural land form.

Be staged where necessary to complete construction of each stage during a season so that large areas of disturbed land are not left bare and exposed during the winter-spring runoff period.

Accomplish all paving as rapidly as possible after grading.

Allocate to open space and recreation uses those areas least suited to development, as evidenced by competent soils, geology and hydrology investigations.

Landscape areas around structures to blend them with the natural landscape.

Take measures to minimize erosion and sedimentation and to limit increases in stormwater runoff in accordance with other ordinances and regulation of this Township and the laws and regulations of the Commonwealth of Pennsylvania.

Site Plan Review. All applications for zoning permits for lots, uses and structures located, in whole or in part, on land with steep slopes shall submit, along with the application, a site plan as required by Part 11 of this chapter. Such application shall also include a stormwater runoff plan as required by the applicable ordinance and a copy of the erosion and sedimentation control plan as required by the Pennsylvania Department of Environmental Protection.

§ 27-808 Nuisance Standards.

[Ord. 2007-03, 5/2/2007, § 808]

All uses of land and structures shall be prohibited which:

Produce heat or vibration perceptible by human senses beyond any lot line.

Produce glare from any process which emits harmful ultraviolet rays, including arc welding and acetylene torch cutting, perceptible beyond the lot line.

Produce electromagnetic radiation or radioactive emissions injurious to human beings, animals or vegetation or which interference with the use of any other property.

Produce loud or high pitched noises that are found offensive in the opinion of the Code Officer and the general Township.

§ 27-809 Outdoor Storage.

[Ord. 2007-03, 5/2/2007, § 809]

The outdoor storage of materials shall be subject to the following requirements:

All outdoor storage of materials and products, except finished products for retail sale to public, in designated areas, in any district, shall be completely screened from view from the public by a sight obscuring evergreen planting, fence or wall, that shall be a height of six feet.

All discarded organic rubbish stored outdoors shall be placed in watertight, vermin-proof containers. Said containers shall be screened by such methods to conceal from view of the general public.

All hazardous materials and flammable material stored on site must meet Department of Environmental Protection and Environmental Protection Agency guidelines and show evidence of such compliance.

§ 27-810 Waste and Sewage Disposal.

[Ord. 2007-03, 5/2/2007, § 810]

All methods and plans for disposal of sewage and wastes shall be designed in accordance with regulations of the Pennsylvania Department of Environmental Protection pertaining thereto. A required sewage permit issues by the Sewage Enforcement Officer or the appropriate sewage authority shall be a prerequisite to the issuance of a zoning permit.

§ 27-811 Illumination.

[Ord. 2007-03, 5/2/2007, § 811]

The illumination of any lot, use or structure shall be arranged in such a manner that the direct rays of the light source shall not enter any dwelling unit or fall within the right-of-way of any public street or highway. The parking area and any other areas that have access by the general public shall be completely illuminated with a minimum of 0.5 foot candle of light per square foot.

§ 27-812 Landscaping and Soil Erosion Control.

[Ord. 2007-03, 5/2/2007, § 812]

Unless otherwise regulated by this chapter, any vacant portion of a lot not in use shall be planted with grass or similar vegetation, and/or trees and shrubs, except for farm uses and gardens left vacant outside the growing season.

§ 27-813 Historic Properties.

[Ord. 2007-03, 5/2/2007, § 813]

The following additional regulations shall apply to any property listed on the National Register of Historic Places or to any property or portion thereof located within 500 feet of such historic property:

The following uses are prohibited regardless of other zoning district regulations for the lands so affected:

Retail establishments for the sale and service and rental of aircraft, boat and marine supplies, contractors and farm equipment, mobile homes and accessories, motor vehicles and accessories, including automobile service stations and garages, and swimming pools.

All drive-in primary and/or accessory commercial uses.

Beer distributors.

Convenience food stores.

Fast-food restaurants.

Lumberyards and glass distributors.

Animal hospitals and veterinary offices.

All mobile homes, even if placed on a permanent foundation.

No structure shall exceed 35 feet in height, subject however, to the exception and computation provisions specified in this chapter.

For all commercial, industrial and multifamily primary and accessory uses located within 500 feet of any historic property, a buffer yard of evergreen trees is required along the property boundary (or portion thereof within five-hundred-foot limit) to the extent necessary to form a visual screen of said uses from the historic property. Such buffer yard shall be installed at the time of development, change in use or expansion in ground coverage by 50% or more of any commercial, industrial or multifamily primary and/or accessory structure or use in accordance with applicable design standards of this chapter.

§ 27-814 Temporary Uses.

[Ord. 2007-03, 5/2/2007, § 814; as amended by Ord. 2012-04, 5/7/2012]

Temporary uses shall be permitted only in the zoning districts specified and according to the requirements of this section and shall be required to obtain a zoning permit. This section shall not apply to accessory uses allowed under the district regulations nor to temporary uses that are clearly incidental to a permanent use. Other temporary uses not specifically allowed by this section are prohibited:

Temporary Uses Permitted. The following temporary uses are permitted according to the requirements specified and only for the period of time given:

Carnival or Circus.

Permitted in the agricultural/conservation or commercial districts or in the village district.

The maximum time shall be 15 days.

No such temporary use shall be located within 500 feet of any dwelling unit within a residential zoning district.

Christmas Tree Sales.

Permitted in the agricultural/conservation or commercial districts or in the village district.

The maximum time shall be 45 days.

Contractor's Office or Storage Shed.

Permitted in any district only where the use is incidental to a construction project.

Temporary uses shall be removed within 30 days after the project is completed or canceled.

Educational, Artistic or Recreational Events.

Permitted in any district.

The maximum time shall be 90 days.

Religious Services.

Permitted in any district.

The maximum time shall be 30 days.

Seasonal Sale of Farm Produce, Horticultural Products or Seafood Products.

Permitted in the agricultural/conservation or commercial districts or in the village district.

The maximum time shall be 270 days.

Public Auctions.

Permitted in the agricultural/conservation or commercial districts or in the village districts.

The maximum time shall be 15 days.

Livestock Exhibition.

Permitted in the agricultural/conservation districts.

The maximum time shall be 15 days.

No such temporary use shall be located within 500 feet of any dwelling unit within a residential zoning district.

Flea Markets.

Permitted in commercial districts.

The days of the week for use shall be limited to weekends only (Friday, Saturday and Sunday).

General Regulations. All temporary uses shall meet the following requirements:

The above temporary uses shall at least meet the smallest lot and yard requirements listed in the zoning district in which they are located.

The above temporary uses shall be required to provide off-street parking spaces but shall be exempt from all other parking regulations in Part 7. The above temporary uses shall provide the following number of parking spaces:

	Use	Number of spaces
	Carnival or circus	1 per 4 persons based on maximum capacity
	Christmas tree sales	1 per 250 square feet of retail area, plus 1 per employee
	Contractor's office	1 per employee
	Education, artistic recreational events	1 per 4 persons based on maximum capacity
	Religious services	1 per 4 persons based on maximum capacity
	Seasonal sale of farm produce	1 per 250 square feet of retail floor area, plus 1 per employee
	Auction or livestock exhibition	1 per 4 persons based on maximum capacity

The above temporary uses shall meet the motor vehicle access requirements of § 27-802.

Temporary uses that are required to submit a site plan under § 27-1104 may be exempt from said requirement by the Township Planning Commission.

All temporary uses shall be provided with adequate sanitary facilities.

At the end of the specified allowed time period, the temporary use and all debris shall be removed. A cash bond for a minimum of $25, and not to exceed $5,000, shall be posted or a signed contract with a disposal firm shall be required as a part of the application for the temporary use to ensure that all debris is removed. Portions of the cash bond may also be required to ensure the repair of any damage done to the Township right-of-way.

At the end of the allowed time period, the temporary use shall be removed. A new permit allowing the same temporary use at the same location may not be issued for a period of 10 months from the date the original permit was issued.

APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES

No zoning permit shall be issued for a temporary use unless all regulations governing peddling and soliciting have been met by the applicant.

§ 27-815 Airport District.

[Ord. 2007-03, 5/2/2007, § 815]

Definitions. As used in this section, unless the context otherwise requires, the following terms shall have the meaning assigned:

AIRPORT ELEVATIONS

The highest point of an airport's usable landing area measured in feet from sea level.

APPROACH SURFACE

A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this section. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

These zones are set forth in this section.

CONICAL SURFACE

A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

HAZARD TO AIR NAVIGATION

An obstruction determined to have substantial adverse effect on the safe and efficient utilization of the navigable airspace.

HORIZONTAL SURFACE

A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

LARGER THAN UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

NONPRECISION INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

OBSTRUCTION

Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in this section.

PRECISION INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

PRIMARY SURFACE

A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

TRANSITIONAL SURFACES

These surfaces extend outward at 90° angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet, measured horizontally from the edge of the approach surface and at a 90° angle to the extended runway center line.

UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.

VISUAL RUNWAY

A runway intended solely for the operation of aircraft using visual approach procedures.

Airport Zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to airports in the Township. Such zones are shown approximately on the Zoning Map. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

CONICAL ZONE

The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet.

HORIZONTAL ZONE

The horizontal zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

PRECISION INSTRUMENT RUNWAY APPROACH ZONE

The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

RUNWAY LARGER THAN UTILITY VISUAL APPROACH ZONE

The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

RUNWAY LARGER THAN UTILITY WITH A VISIBILITY MINIMUM AS LOW AS 1/4 MILE NONPRECISION INSTRUMENT APPROACH ZONE

The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

RUNWAY LARGER THAN UTILITY WITH A VISIBILITY MINIMUM GREATER THAN 3/4 MILE NONPRECISION INSTRUMENT APPROACH ZONE

The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

TRANSITIONAL ZONES

The transitional zones are the areas beneath the transitional surfaces.

UTILITY RUNWAY NONPRECISION INSTRUMENT APPROACH ZONE

The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

UTILITY RUNWAY VISUAL APPROACH ZONE

The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Airport Zone Height Limitations. Except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

Utility Runway Visual Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 along the extended runway center line.

Utility Runway Nonprecision Instrument Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

Runway Larger Than Utility Visual Approval Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

Runway Larger than Utility with a Visibility Minimum Greater than 3/5 Mile Nonprecision Instrument Approach Zone. Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.

Runway Larger than Utility with a Visibility Minimum as Low as 1/4 Mile Nonprecision Instrument Approach Zone. Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.

Precision Instrument Runway Approach Zone. Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.

Heliport Approach Zone. Slopes eight feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a distance of 4,000 feet along the heliport approach zone center line.

Transitional Zones. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,241 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90° angles to the extended runway center line.

Heliport Transitional Zones. Slope two feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the heliport approach zones and extending a distance of 250 feet measured horizontally from and at 90° angles to the primary surface center line and heliport approach zones center line.

Horizontal Zone. Established at 150 feet above the airport elevation.

Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

Use Restrictions. Not withstanding any other provision of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

§ 27-816 Supplemental Regulations - Portable Storage Units.

[Ord. 2007-03, 5/2/2007, § 816]

Intent. The following conditions are intended to provide for the use of portable storage units for temporary storage within the Nittany Valley Region while providing reasonable protection to the municipality and to the neighborhood in which the units will be located against possible detrimental effects.

General Requirements. Portable storage units shall not be permitted as permanent accessory structures in any zoning district. Such units shall be permitted as a temporary use in the following districts subject to the following requirements:

Portable storage units may be located in any residential zoning district and in the A-2, and IC, HC Districts. Such units shall be set back a minimum of 10 feet from the front property line.

Portable storage units may be allowed in nonresidential zoning district so long as the unit is placed in the rear or side yard area of the site. Under no circumstances shall a portable storage unit be placed in an area fronting a street or road, or in a grass/landscaped area, or in the front parking lot of a commercial establishment. The placement of portable storage units in fire lanes, passenger loading zones, commercial loading zones, or public rights-of-way shall be strictly prohibited.

Placement of portable storage units shall occur with the concurrence of the Zoning Officer after demonstrating that the specific location can sufficiently accommodate the unit and continue to provide adequate parking and public safety access and provide for the general health, safety, and welfare of nearby residents. Under no circumstances shall a unit be placed so as to interfere with any use of a sidewalk, bike path, or public right of way.

No more than one portable storage unit per site may be permitted in any residential zoning district. Such units shall be no larger than eight feet wide by 16 feet long by eight feet high.

No more than two portable storage units per site may be permitted in any nonresidential zoning district. Such units shall be no larger than eight feet wide by 40 feet long by eight feet high.

Portable storage units shall not remain at any site within a residential zoning district in excess of five consecutive days or in excess of 10 days in any calendar year. No portable storage unit shall remain at any nonresidential site in excess of 14 consecutive days or in excess of 30 days in any calendar year.

The owner and/or operator of any site on which a portable storage unit is placed shall be responsible for ensuring that the unit is in good condition and free from evidence of deterioration, weathering, discoloration, rust, holes, etc.

No form of waste, refuse, or hazardous material shall be stored within a portable storage unit.

A portable storage unit shall have no signage other than a serial number identifying the unit, the name, address, and telephone number of the person or firm engaged in the business of renting or otherwise placing the unit.

A permit shall be required for the placement of a portable storage unit on any property within the municipality. Application for a permit shall be made to the Zoning Officer. Said application shall include the signature of the property owner or the owner's agent in order to ensure that the owner has full knowledge of, and consents to, placement of the portable storage unit on his or her property and consents to conform to the provisions of this Part.

§ 27-817 Supplemental Regulations - On-Site Horticultural, Farm, and Garden Sales.

[Ord. 2007-03, 5/2/2007, § 817; as amended by Ord. 2009-02, 4/6/2009]

Intent. The following conditions are intended to provide for the siting and operating of on-site horticultural, farm, and garden sales establishments within Spring Township while providing reasonable protection to the municipality and to the neighborhood in which the facility will be located against possible detrimental effects.

General Site Requirements.

A minimum of 50% of the farm/garden products sold at the facility must be produced on the property.

A minimum of three off street parking spaces shall be provided.

Sales of such products may be conducted from a portable stand located behind the street right-of-way line. Such stand(s) shall be removed or dismantled at the end of the growing season. All permanent buildings shall comply with all applicable zoning district requirements.

The floor area of any portable stand and/or permanent building shall not exceed 600 square feet.

The siting and operation of any on-site horticultural farm and garden sale facility shall not create a threat to the public health, safety and/or welfare or the community.

No outdoor lighting shall be permitted.

Signs advertising the sale of products shall comply with the municipal sign ordinance [Chapter 19].

§ 27-818 Supplemental Regulations - Golf Course Facilities.

[Ord. 2007-03, 5/2/2007, § 818]

Intent. The following conditions are intended to provide for the siting and operating of golf course facilities within the Nittany Valley Region while providing reasonable protection to the municipality and to the neighborhood in which the facility will be located against possible detrimental effects.

General Site Requirements.

Minimum tract size for a golf course shall be 100 acres.

No golfing green or fairway shall be closer than 100 feet to any lot line, except for miniature golf facilities where the underlying zoning district setbacks shall apply.

Golfing tees, tee boxes, and greens for the same fairway or range may not be separated by a street. Access drives shall be located in such a manner as to provide maximum site distances for motorists.

Driving ranges shall have screens or fences of a height and location sufficient to prevent golf balls from landing on adjoining properties.

Site boundary areas if wooded shall remain wooded to the greatest extent practicable.

An illumination plan shall be required. Lighting on the site shall use full cut-off fixtures with shielding in appropriate areas to limit spillover onto adjacent properties.

Accessory and incidental uses (including pro shop and eating and drinking establishment) shall be permitted; however, such uses shall only continue as long as the golf course is in operation.

Parking shall be per required parking section in this chapter.

§ 27-819 Supplemental Regulations - Cemeteries.

[Ord. 2007-03, 5/2/2007, § 819]

Intent. The following conditions are intended to provide for the siting and operating of cemeteries within the Nittany Valley Region while providing reasonable protection to the municipality and to the neighborhood in which the facility will be located against possible detrimental effects.

General Requirements. Any person desiring to establish or maintain a cemetery or extend the boundaries of any existing cemetery shall file an application for a land redevelopment plan which shall include the following additional information:

The names, addresses and applicable State licenses of all officers and directors of the corporation or organization which will be in charge of the operation of the cemetery.

A map showing the exact location, exterior boundaries and legal description of the property which is proposed to be used for a cemetery or extension of an existing cemetery. Said map shall also show any water sources, bodies of water, and/or wells existing on site or within 300 feet of the exterior boundaries of the property along with cemetery buildings and burial plots.

A proposal for the perpetual care of the facility and proof of financial ability to develop and maintain the facility in such a manner as to prevent the proposed cemetery from becoming a public nuisance.

§ 27-820 Supplemental Regulations - Bed and Breakfast Establishments.

[Ord. 2007-03, 5/2/2007, § 820]

Intent. The following conditions are intended to provide for the siting and operating of bed and breakfast establishments within the Nittany Valley Region while providing reasonable protection to the municipality and to the neighborhood in which the facility will be located against possible detrimental effects. In addition to the underlying district regulations specified in this chapter, all bed and breakfast establishments, either homes or inns, shall meet the following requirements:

The owner of the facility must physically reside on-site during all periods that the facility is open to the public and that guests are housed.

The building and parking areas shall be located and maintained in a manner compatible with the general character of the surrounding neighborhood. Exterior alterations, additions, or changes to the dwelling unit in order to accommodate or facilitate a bed and breakfast establishment shall retain the residential character of the dwelling unit and the surrounding neighborhood.

One off-street parking space shall be provided for each guest room in addition to any other required parking for the primary use. All such parking shall be unobtrusive. Parking within an agricultural or conservation district shall be located and/or landscaped in such a manner that it is screened from the view of adjacent properties. On-street guest parking shall not be permitted in any district.

Signage for bed and breakfast establishments shall be consistent with the requirements set forth in Supplemental Regulations - "Signs" for the appropriate zoning district and use.

No outdoor storage shall be permitted other than that which would be permitted under existing zoning.

Meals for compensation shall be provided only to guests of the bed and breakfast establishment. No cooking or kitchen facilities shall be permitted in any of the guest room units.

The length of stay per guest shall be limited to seven consecutive days and 21 total days in any twelve-month period.

In order to ensure compliance with all aforementioned criteria, the applicant shall be required to submit a general site plan and obtain a zoning permit prior to receiving guests for compensation.

Permits required for the establishment and operation of a bed and breakfast establishment shall not be automatically transferred upon the sale of the subject property. Permits shall not be transferable from one location to another.

Bed and breakfast establishments shall comply with all applicable Federal, State, and local regulations.

Use of a single-family detached residential dwelling unit as a bed and breakfast establishment shall not constitute an abandonment of single-family residential use as a use by right.

§ 27-821 Supplemental Regulations - Workforce Housing.

[Ord. 2007-03, 5/2/2007, § 821]

Intent. To provide housing that is affordable for the work force in our community, this could include the elderly and single headed families.

General Requirements.

The developer shall make provisions to accommodate work force housing, as per district regulations.

To provide housing for those incomes between 60% and 120% of the AMI (area median income) of Centre County as calculated by the Federal Government and adjusted annually for family size. One-half of these units shall fall within the 60% to 90% range and 1/2 shall fall within 91% to 120% range.

Deed restrictions shall include the restriction to the use, activity and/or limitations of property rights recorded at the Recorder of Deeds office. This shall include a cap on the return of investment of 5% per year. This shall remain with the property for a period of 40 years.

This program shall be coordinated between the developer and a non-profit community housing trust.

§ 27-822 Supplemental Regulations - Alternate Energy Sources.

[Ord. 2007-03, 5/2/2007; as added by Ord. 2010-01, 4/5/2010]

Intent. To provide regulations to promote the safe, effective and efficient use of alternate energy systems installed to reduce on-site consumption of utility-supplied energy and to reduce our carbon footprint as an accessory use while protecting the health, safety and welfare of adjacent properties and surrounding land uses.

General Requirements.

Windmills for Energy Generation Systems.

Windmills for energy generation systems shall be permitted as an accessory use in accordance with this section. It shall be the applicant's burden to demonstrate satisfaction of all requirements.

Except as otherwise provided in the this chapter, windmills shall be considered accessory structures and the generation of energy as an accessory use only in accordance with this section. Power generated by a windmill under this section shall not exceed 10 KW. There shall be no commercial use of the windmills for the generation of energy, except for that energy generated in excess of the requirements of the property and purchased by a public utility in accordance with the law or other government regulations.

One acre minimum lot size is required.

Wind energy generation shall be limited to one windmill per lot or tract of land.

The maximum height of any windmill, measured from the average approved finished grade at the perimeter of the windmill foundation to the highest vertical point of a blade at its maximum vertical position shall not exceed 45 feet.

No windmill shall be placed in a front yard setback.

Only single pole (monopole) windmill structures shall be permitted. A windmill pole shall be self-supporting upon its foundation (i.e., no guy wires).

No windmill shall be placed closer to a property line, utility line, structure or fuel source than the distance measured by its height plus 10% of its height (measured in feet).

No windmill blade at its lowest point shall be closer to the surface of the ground than 15 feet.

(10)

The proposed location of the windmill shall be demonstrated to minimize view obstruction of neighboring properties. In addition, the design color and other visual features of the windmill shall be designed and installed in such a manner so as to create the least visual impact practicable. The applicant shall demonstrate compliance with this section, by among other things, providing photographic perspectives of the proposed site from all sides of the property, adjacent road ways and neighboring properties.

(11)

The proposed location and operation of the windmill shall be demonstrated not to interfere with any broadcast, radio, wireless or other telecommunication signals or facilities. In all cases, the location of a windmill shall be clear of and shall not interfere with any existing trees, structures, wires and the like.

(12)

All utilities, lines, cables, wires and other connections to or from the windmill and any other structure associated with the windmill shall be below grade.

(13)

Windmills shall not be lighted except as otherwise required by law.

(14)

There shall be no antennae, advertising or other items or materials affixed to or otherwise placed on the windmill, except those required for safety purposes.

(15)

A site plan shall be submitted. Applications submitted without a site plan shall be returned to the applicant as incomplete. The site plan shall contain at a minimum, in addition to the other requirements of this section, the following:

Property boundaries and identities of neighboring property owners.

Location of all man-made structures on the property, as well as all man-made structures within 100 feet of the proposed windmill.

All wires and overhead structures, both natural and man made.

(16)

Construction Details.

Complete structural and construction details, including narrative descriptions, demonstrating how the foundation and support and other parts of the windmill will be constructed, installed and maintained, together with the safety features proposed to prohibit unauthorized access.

All new structures, together with any alterations to or modifications of existing structures, proposed in connection with the windmill.

Information regarding the speed of operation and the braking mechanism(s). No windmills shall be permitted which lack an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and/or excessive pressure on the windmill or any of its component parts.

Plans and specifications to be certified by a registered professional engineer.

(17)

The Township may require the submission of additional information at any time it deems necessary to process the permit application.

(18)

Removal of Windmills.

Any windmill which is in a state of disrepair and has not been active and in continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.

All structures and enclosures accessory to the windmill shall also be completely removed from the property to a place of safe and legal disposal.

(19)

Certifications and Inspections.

A windmill shall not be constructed until a building permit has been approved and issued per the PA Uniform Construction Code (UCC).

All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from a certifying organization and any such design shall be certified by an engineer registered in the Commonwealth of Pennsylvania.

Prior to commencement of construction on any windmill the property owner must acknowledge that he/she is the responsible party for owning and maintaining the windmill. If the windmill is abandoned or is in a state of disrepair it shall be the responsibility of the property owner to remove or maintain the windmill.

(20)

No windmill shall commence operation until the Township has certified in writing that the conditions of this section have been satisfied and the windmill has been constructed and installed in accordance with the approved plans and specifications.

(Reserved)[1]

[1]

Editor's Note: Former Subsection 2B, regarding solar energy systems, was repealed by Ord. No. 05-2022, 4/4/2022. See now § 27-825.

Outdoor Wood-Fired Boilers.

Minimum Acreage. No person shall install an outdoor wood-fired boiler except on parcels of land greater than three acres.

Setbacks. No person shall install an outdoor wood-fired boiler unless it is installed at least 150 feet from the nearest property line.

Permits Required. No person shall install or operate a new or existing outdoor wood-fired boiler unless a building permit is obtained from the responsible official. Property owner or authorized agent must obtain a building permit for a new outdoor wood-fired boiler prior to installation with all applicable fees established by Spring Township resolution. Certification of compliance with Phase two outdoor wood-fired boiler standards shall be submitted with application. A site plan and other information shall accompany the application as required by the responsible official.

Other Regulations. For other regulations relating to the installation and operation of outdoor wood-fired boilers, consult Chapter 10, Part 3 (Health and Safety, Outdoor Wood-Fired Boiler Ordinance) of the Code of Ordinances of the Township of Spring.

§ 27-823 Supplemental Regulations - Medical Marijuana.

[Added by Ord. 02-17, 8/7/2017]

Intent. It is the intent of this section to provide conditions for the siting and operation of medical marijuana dispensaries and growing/processing facilities which will ensure the safety and security of the facilities, municipality and surrounding neighborhoods in which the facility will be located against possible detrimental effects.

General Requirements.

Local and State Laws. All medical marijuana dispensary and medical marijuana growing/processing establishments shall comply with all applicable local and state laws and regulations regarding the location and operation of said facilities.

No medical marijuana dispensary or medical marijuana growing/processing facility shall be located within 1,000 feet of any school or child day care.

A site plan shall be required to address local regulations.

§ 27-824 Supplemental Regulations - Keeping of Chickens in Residential Areas.

[Added by Ord. No. 01-2022, 2/7/2022]

The keeping of backyard chickens shall be permitted as an accessory use to an established primary residential use on a property provided the following conditions are met:

The primary residential use shall be a single family residential structure and shall be located within one of the following zoning districts:

Agricultural Preservation District (A-1).

Agricultural Development District (A-2).

Conservation District (C-1).

Suburban Residential District (R-1).

Town Residential District (R-2).

Applicability. The provisions contained herein regarding backyard chickens shall not apply to those lots 10 acres or greater in size. No part of this section shall permit the keeping of backyard chickens where such is otherwise prohibited by restrictions, covenants, homeowners association regulations or other provisions.

Yard Setbacks.

Any chicken coop or chicken run shall not be permitted within the front or side yards of a lot.

No chicken coop or chicken run shall be permitted within 10 feet from any property lot line.

No chicken coop or chicken run shall be permitted within 10 feet of any occupied structure on the property containing the chicken coop or chicken run.

The chicken coop or chicken run shall be no closer than 30 feet to an existing occupied building on adjoining/neighboring properties.

The chicken coop or chicken run shall be placed so that it is closer to the owner's occupied structures than that of an adjoining property owner's occupied structures as measured to the closest point of all occupied structures.

In all instances, whether there is an adjoining occupied building or not, the chicken coop and chicken run shall not be located within the building setback area established by the zoning district in which the chicken coop and chicken run is located.

Number of Chickens. No more than four chicken hens shall be kept per property where backyard chickens are permitted.

Chicken hens shall be kept for personal use only. No person shall engage in chicken breeding, raising or fertilizer production for commercial purposes. A rooster (male chicken) may not be kept in Spring Township on tracts of land which are less than 10 acres in size.

Chicken Coops and Runs.

A maximum of one chicken coop and chicken run is permitted per property which is less than 10 acres in size.

All chicken hens shall be housed in an enclosed coop, which allows them to be secured at night. Coops shall have walls, roof and a floor with no wired sides.

The minimum coop size shall be three square feet per chicken. The maximum coop size shall be six square feet per chicken.

A chicken run is permitted when attached to a coop.

If a chicken run is provided, it shall be no larger than 10 square feet per chicken and shall be enclosed in a way that contains the chickens.

Chicken coop and chicken run shall be maintained with a neat, weed and other debris-free appearance.

Chicken coop shall be on a slab or built at least one foot off the ground so that rodents and other animals cannot dig and live under the coop.

If a coop and chicken run are no longer used for a period of one year, the coop and outside run must be removed from the property.

Coop and chicken run shall be screened from the view at ground level from adjacent lots by using fencing, landscaping or a combination thereof.

Administration and Enforcement. All violations of the provisions noted above as well as requirement for obtaining a permit for the keeping of chicken hens shall be in accordance with Part 11, Administration and Enforcement, of this chapter. The Township and/or inspectors may, at any time during normal business hours, enter and inspect said property for compliance of the Spring Township Code to ensure health, safety, morals and general welfare of the Township and its residents.

Unlawful to Allow Chickens to Run at Large. It shall be unlawful for the owner or owners of any chickens to allow the same to run at large upon any of the common rights-of-way, thoroughfares, sidewalks, passageways, play areas, common areas, parks, streets, alleys, or public highways or any place where people congregate or walk, or upon any public or private property in Spring Township, including any property permitted for the keeping of chickens pursuant to this ordinance. Any chicken not contained within an approved coop or run shall be deemed "at large" with the following regulations:

Owners of chickens deemed to be "at large" shall be subject to fines established in Part 11 of this chapter.

Spring Township shall at its discretion deem any chicken(s) at large to be abandoned and take possession of said chicken(s) if it has no tags, bands or other markings providing information to determine its owner or owners. At large chickens found where the owner cannot be identified will be placed at the discretion of the Township.

Sanitary Requirements for Housing Chickens. Any owner or owners of chickens within Spring Township shall house the same at all times under sanitary conditions so that the keeping of chickens shall not become either a public or private nuisance. The following provisions shall apply:

All chicken feces accumulated on private property shall be removed by using the approved sanitary method of double-bagging and placement in the trash for collection, unless composted as provided.

Chicken feces on private property shall not be allowed to accumulate to the degree that they become a public health nuisance or hazard. In cases where chicken feces do accumulate on private property, the Township may conduct an investigation, after which the accumulation may be declared a public health hazard or nuisance and the owner shall be ordered to remove and dispose of the accumulated feces in an approved manner. The order to remove such accumulated feces shall be given personally to the owner or sent by mail, and the owner shall be given a period of 48 hours from the date and time of receipt of the order to clean the property and remove the accumulated feces.

Composting. It shall be unlawful for any person to spread or cause to be spread or deposited upon any ground or premises within the Township any chicken manure. However, chicken manure may be composted on the property where the chickens are housed and the composted material then applied to gardens, yards or other yards with written permission. All composting piles shall conform to setbacks required for chicken coops and chicken runs.

Slaughtering or Butchering Prohibited. Slaughtering or butchering of chickens shall be strictly prohibited on residential property.

Proper Storage of Feed. All feed, water and other items associated with the keeping of chickens shall be protected in a way that prevents infestation by rats, mice or other rodents or vectors. In order to prevent rodents, feed shall be stored in metal containers. Failure to keep all feed, water and other items associated with the keeping of backyard chickens in a clean and sanitary condition constitutes a violation of this section. Chicken hens shall have access to feed and water at all times.

Noise.

It shall be unlawful for any owner to keep or harbor any chicken which clucks, squawks or otherwise makes audible sounds repetitively during any given one-hour period, or which makes such noise continuously for a period of 15 consecutive minutes or more, and which is audible on any adjacent property or public right-of-way.

Upon the first and second offenses the chicken owner or keeper shall be given written warning notices by personal service or mail. It shall be a condition precedent to any enforcement proceeding to show that two written warnings were issued to the chicken owner or keeper within the previous twelve-month period.

Permits.

A zoning permit and site plan shall be submitted and approved prior to the keeping of backyard chickens on any property mentioned herein. A zoning permit fee shall be assessed as determined by resolution by the Spring Township Board of Supervisors.

Permitting Requirements. An owner shall be required to complete the following requirements:

Complete an application for zoning permit.

Declare Work. At minimum, describe the proposed keeping of chickens and declare the number of chickens.

Provide contact information of the person in charge (name, address, phone and email).

Application/permit fees due on submission.

Provide site plan detailing deeded property lines, location of proposed coop and run area, setbacks from property lines and all owner's and adjoining owner's occupied structures, location(s) and define the type of required ground-level screening, at minimum provide the size/height/area of proposed coop and run.

Upon presentation of proper credentials, duly authorized representatives of the Township may enter, at reasonable times, upon any property within the Township to inspect the condition of the permitted structures and facilities in regard to any aspect regulated by this chapter.

Enforcement; Violations and Penalties.

The Code Enforcement Officer or any other sworn officers of the Township of Spring and/or any police officer empowered to enforce the laws of the Commonwealth of Pennsylvania within the jurisdictional boundaries of the Township of Spring shall hereby be authorized to enforce the provisions of this chapter.

Any person who shall violate any provision of this chapter shall, upon conviction thereof before a Magisterial District Judge, be subject to a civil fine as set forth in this Chapter, including court costs and reasonable attorney fees incurred by the municipality in accordance with Section 1601(c) of the Second Class Township Code, as amended November 9, 1995 (Public Law 350, No. 60), as amended.

Subsequent violations beyond the second shall result in the permanent revocation of the permit.

§ 27-825 Supplemental Regulations - Solar Energy Systems.

[Added by Ord. No. 05-2022, 4/4/2022]

Intent. It is the intent of this section to provide conditions for the siting and operation of accessory solar energy systems (hereafter denoted as ASES) and principal solar energy systems (hereafter denoted as PSES) which will ensure the safety and security of the facilities, municipality and surrounding neighborhoods in which the facility will be located against possible detrimental effects.

General Requirements.

Local and State Laws. All ASES and PSES systems shall comply with all applicable local and state laws and regulations and industry standards regarding the location and operation of said facilities, including but not limited to those of the American National Standards Institute (ANSI), Underwriters' Laboratories (UL), the American Society for Testing and Materials (ASTM), and other similar certifying organizations, and shall comply with applicable construction and building codes as enforced by Spring Township, Centre County, fire and life safety requirements, floodplain management and stormwater management.

All on-site utility transmission lines, plumbing and all wiring and cabling shall be placed underground to the greatest extent feasible.

Permit Required.

Zoning/building permit applications shall be required and shall document compliance with this section and shall be accompanied by drawings showing the location and configuration of the system on the building or property, including property lines.

The zoning/building permit shall be revoked if the ASES or PSES, whether new or preexisting, is moved or otherwise altered in a manner which causes the ASES or PSES to not be in conformity with this section.

The ASES or PSES must be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to the public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES or PSES to conform or to remove the ASES or PSES.

Accessory Solar Energy Systems (ASES). ASES shall be permitted as an accessory use/structure in connection with any primary residential, agricultural, recreational, commercial or industrial use when they meet the following standards:

Accessory solar energy systems shall be permitted as a rooftop installation subject to the following:

The ASES shall not exceed a height of eight inches above the roof when attached to a residential dwelling structure.

ASES used in conjunction with a commercial or industrial use shall be screened from the view of persons at ground level by a parapet or similar visual obstruction.

In no event shall the placement of an ASES result in a total height, including the building and panels, greater than one foot greater than the maximum building height permitted in the subject zoning district for the principal structure

Accessory solar energy systems shall be permitted as ground arrays in accordance with the following standards:

All ground arrays shall be set back from all property lines a distance equal to or greater than the required setback for an accessory structure of the same square footage within the subject zoning district.

Ground-mounted ASES are prohibited in front yards, between the principal building and public street.

When utilized as an accessory to an agricultural use, solar ground arrays shall be set back a minimum of 100 feet from any property line.

Ground-mounted arrays shall not exceed a height of 15 feet.

The surface area of the arrays of a ground-mounted ASES, regardless of the mounted angle of any solar panels, shall be considered impervious and shall be calculated as a percentage of the lot coverage.

Other Requirements.

For nonresidential properties, a site plan detailing location, square footages of ASES array, setback requirements, stormwater provisions and other items as required shall be submitted for review and approval.

Upon completion, the ASES shall be maintained in good working order in accordance with all applicable building construction codes. Failure of the property owner to maintain the ASES in good working order shall be grounds for appropriate enforcement actions by Spring Township.

The owner of an ASES shall provide Spring Township with written confirmation that the public utility company to which the ASES will be connected has been informed of the customer's intent to install a grid system and approve of such connection. Off-grid systems shall be exempt from this requirement.

Where the owner/applicant seeks to install an ASES in connection with new construction or renovation of structure(s) constituting the principal use, the owner/applicant shall have the burden to show that the intended ASES is appropriately sized, consistent with the definition of an accessory solar energy system.

The display of advertising is prohibited.

Glare. All ASES shall be placed in such a manner that concentrated solar radiation or glare does not project onto adjoining properties or nearby roadways. The owner/applicant has the burden of proving that any glare will not have significant adverse impact either through siting or mitigation.

Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.

Ground-mounted ASES shall not be placed within any legal easement or right-of-way location, nor be placed within any stormwater conveyance system or in any manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

Decommissioning. Each ASES and all solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator or upon termination of the useful life of same. The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.

Principal Solar Energy Systems (PSES):

A PSES shall be deemed to be a primary use in all zoning districts where such a use is deemed to be a permitted or conditional use.

A PSES development shall be subject to the requirements of the Spring Township Subdivision and Land Development Ordinance (Chapter 22) and the Spring Township Stormwater Ordinance (Chapter 26) of the Spring Township codification of ordinances.

The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as enforced by Spring Township, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

All on-site transmission, plumbing lines and all wiring and cabling shall be placed underground to the extent feasible.

The owner of a PSES shall provide Spring Township written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection.

No portion of the PES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the PSES provided they comply with the prevailing sign regulations.

Glare:

All PSES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

The applicant shall have the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

A noise study shall be performed and included in the application. The noise study shall be the responsibility of the applicant. Noise from a PSES shall not exceed 50 dBA, as measured at the property line.

No trees or other landscaping otherwise required by the municipal ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a PSES.

The PSES owner and/or operator shall maintain contact information and identify person(s) responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this information to Spring Township and all emergency service providers. This information shall be posted on the site clearly in a noticeable location. The PSES owner and/or operator shall make all reasonable efforts to respond to inquiries and complaints.

Decommissioning:

The PSES owner is required to notify Spring Township immediately upon cessation or abandonment of the operation. The PSES shall be considered to be discontinued or abandoned if no electricity is generated by such system for a period of 12 consecutive months.

If deemed discontinued or abandoned, the PSES owner shall obtain permits for the demolition of the operation. The PSES owner shall have 12 months in which to dismantle and remove the PSES including all solar related equipment or appurtenances, including but not limited to buildings, cabling, electrical components, roads, foundations or other associated facilities from the property. If the owner fails to dismantle and/or remove the PSES within the established timeframes, the municipality may complete the decommissioning at the owner's expense.

Prior to the issuance of building and zoning permits, PSES applicants shall acknowledge in writing that the issuance of said permits shall not and do not create in the property owner, successors and assigns in title, or create in the property itself: 1) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; and 2) the right to prohibit the development on or growth of any trees or vegetation on such property.

Permits Required.

All PSES shall comply with all Spring Township subdivision and land development requirements.

Installation of PSES shall be in compliance with all applicable zoning and building permit requirements, codes and regulations.