A.
This article establishes additional specific requirements for certain
specific uses, in addition to the sign, parking, environmental and
other general requirements of this chapter and the requirements of
each district. Wherever two requirements conflict, the stricter requirement
shall apply.
A.
This section
is limited to the following: adult stores, adult movie theaters, or
adult live entertainment facilities.
B.
Purposes. The regulations on adult uses are intended to serve the
following purposes, in addition to the overall objectives of this
chapter:
(1)
To recognize the adverse secondary impacts of adult uses that affect
health, safety and general welfare concerns of the Township. These
secondary impacts have been documented in research conducted across
the nation. These secondary impacts typically include, but are not
limited to, increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases,
increases in activities that increase the risk of transmission of
other communicable diseases, increases in blight, decreases in the
stability of residential neighborhoods, and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
(2)
To limit adult uses to locations where these secondary impacts can
be minimized, particularly as they affect residential neighborhoods
and commercial revitalization.
(3)
To not attempt to suppress any activities protected by the free speech
protections of the State and United States Constitutions, but instead
to control secondary effects.
C.
This use shall also comply with Chapter 90, Adult Uses, of the Codified Ordinances, as well as Chapter 186, Massage Parlors, which regulates massage uses. An adult use and its parking area shall not be located within any of the following distances, whichever is most restrictive:
(1)
Five hundred lineal feet from the lot line of an existing dwelling.
(2)
One thousand lineal feet from the lot line of any lot in a residential
zoning district.
(3)
One thousand lineal feet from the lot line of any primary or secondary
school, place of worship, library, public park, day-care center or
child nursery.
D.
No adult use shall be located within 1,000 lineal feet from any existing
adult use.
E.
A fifty-foot buffer yard shall be provided, regardless of zoning
district, along the side and rear lot lines. If such buffer area does
not include substantial mature trees that will be preserved, it shall
include continuous screening by evergreen trees with an initial height
of five feet.
F.
No pornographic material, displays or words shall be placed in view
of persons who are not inside of the establishment. Definite precautions
shall be made to prohibit minors from entering the premises.
G.
No adult use shall be used for any purpose that violates any federal,
state or municipal law.
H.
Pornographic and sexually explicit signs and displays shall be prohibited
that are visible from outside of the premises.
I.
The adult use shall not include the sale or display of obscene materials,
as defined by Pennsylvania criminal law, as may be amended by applicable
court decisions.
J.
An adult use shall be prohibited in all districts except where specifically allowed under § 295-28. An adult use is a distinct use and shall not be allowed under any other use, such as a retail store or club.
K.
A minimum lot area of one acre is required.
L.
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers.
M.
No use may include live actual or simulated sex acts nor any physical
or sexual contact between employees and entertainers nor between employees
or entertainers and customers. At an adult live entertainment use,
employees or entertainers shall maintain a minimum distance of three
feet from customers. This shall include, but not be limited to, a
prohibition on lap dancing.
N.
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except within a permitted
lawful adult live entertainment facility.
O.
Any application for such use shall state the legal names of all individuals
intended to have more than a 5% ownership in such use or in a corporation
owning such use and an on-site manager responsible to ensure compliance
with this chapter on a daily basis. A telephone number shall be provided
where the on-site manager can be reached during Township business
hours. Such information shall be updated at the beginning of each
year, in writing, to the Zoning Officer.
P.
The use shall not operate between the hours of 12:00 midnight and
7:00 a.m.
Q.
As specific conditions of approval under this chapter, the applicant
shall prove compliance, where applicable, with the following state
laws, as amended: the Pennsylvania Liquor Code,[1] Act 219 of 1990[2] (which pertains to sale or consumption of alcohol between
2:00 a.m. and 8:00 a.m.), Act 207 of 1990 (which pertains to obscenity)
and Act 120 of 1996 (which pertains to adult-oriented establishments
and which limits enclosed viewing booths, among other matters).
R.
An adult use shall not be on the same lot as a use that sells alcoholic
beverages.
This use is effectively prohibited by State Act 219 of 1990,
as amended (Section 7327 of Title 18 of the Pennsylvania Statutes).
In the event that the use would be determined to be allowed, a five-hundred-foot
setback shall apply from the building and any parking areas from any
residential zoning district. The applicant shall prove that adequate
on-site security will be in place.
A.
The applicant shall describe the types and maximum weights of aircraft
and the hours of operation, as well as measures that will be used
to minimize noise nuisances to dwellings.
B.
As part of a special exception application, the applicant shall provide
evidence that flight patterns will be designed to minimize noise nuisances
to dwellings.
C.
Each end of a runway shall be set back a minimum of 200 feet from
all lot lines. Each side of a runway shall be set back a minimum of
100 feet from all lot lines.
A.
All the regulations for a cemetery in this article shall apply.
B.
The applicant shall prove to the satisfaction of the Zoning Officer
that the use will be conducted in such a manner that the public health
and groundwater quality will not be threatened and will meet any applicable
state regulations.
See § 295-91, Townhouses and apartments.
The standards for nursing homes in this article shall apply.
A.
No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in § 295-123.
C.
Any mobile/manufactured homes on a sales site shall meet the required
principal building setbacks from the perimeter lot lines.
A.
All paint work shall be performed within a building, with a fume
collection and ventilation system that directs fumes away from any
adjacent dwellings. Outdoor major repairs (such as bodywork and grinding)
and outdoor welding shall not occur within 250 feet of a residential
lot line.
C.
Outdoor storage of motor vehicles shall not be within any required
buffer yard or street right-of-way.
D.
Overnight outdoor storage of junk, other than permitted junk vehicles,
shall be prohibited within view of a public street or a dwelling.
E.
Any junk vehicle (as defined by Article II) shall not be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
F.
Service bay doors shall not face directly towards an abutting dwelling
(not including a dwelling separated from the garage by a street) if
another reasonable alternative exits.
A.
See definition of this term and "auto repair garage" in Article II. The uses may be combined, if the requirements for each are met.
B.
All activities, except those to be performed at the fuel or air pumps,
shall be performed within a building. The use shall not include spray
painting.
C.
Fuel pumps shall be at least 25 feet from the existing street right-of-way
and any lot line and shall meet side yard principal building setback
requirements.
D.
Overnight outdoor storage of junk shall be prohibited within view
of a public street or dwelling. Any junk vehicle stored outside overnight
shall be screened from view of adjacent dwellings.
E.
Any junk vehicle (as defined by Article II) shall not be stored more than 20 days within view of a public street or a dwelling. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than six junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.
F.
The use may include a convenience store if the requirements for such use are also met and if gasoline sales are specifically allowed in that district under § 295-27.
G.
A canopy may be attached to the principal building. The canopy shall
not include any signs, except for the following:
H.
Fuel tanks and dispensers and ventilation equipment shall be set
back a minimum of 100 feet from the lot line of any residential or
institutional use (such as a school or nursing home).
A.
Within an agricultural or residential district (where permitted under § 295-28), a maximum of six rental units shall be provided, and the number of occupants shall meet any applicable housing or property maintenance code. No maximum number of units shall apply within other permitted districts. Only one bed-and-breakfast inn shall be permitted per lot.
B.
One off-street parking space shall be provided for each rental unit,
plus employee parking. To the maximum extent feasible, off-street
parking spaces for the bed-and-breakfast inn shall be located either
to the side or rear of the principal building and screened from the
street and abutting dwellings by landscaping. Off-street parking spaces
shall be set back a minimum of 10 feet from lot lines.
C.
There shall not be any signs, show windows or any type of display
or advertising visible from outside the premises, except for a single
sign with a maximum sign area of eight square feet on each of two
sides and with a maximum height of eight feet. No internal lighting
of the sign shall be permitted.
D.
Within a residential district, the use shall have a residential or
agricultural appearance and character.
E.
The use shall be owned, operated or managed by permanent residents
of the lot.
F.
There shall not be separate cooking facilities in any guest room.
Food shall only be served to guests who are staying overnight, unless
a restaurant is also permitted.
G.
No guest shall stay for more than 14 days in any month.
A.
Minimum lot area: one acre.
B.
Minimum side yard building setback: 30 feet side.
C.
Minimum lot width: 200 feet.
D.
Maximum density: six bedrooms per acre, but in no case shall the
lot serve a total of more than 20 persons.
E.
Each bedroom shall be limited to two adults each.
F.
A buffer yard with screening meeting § 295-123 shall be provided between any boardinghouse building and any abutting dwelling.
G.
NOTE: There are separate standards for an assisted living facility,
which is not considered a boardinghouse.
H.
Signs shall be limited to two wall signs with a maximum of two square
feet each.
I.
Rooms shall be rented for a minimum period of five consecutive days.
A.
Within a residential district, for each acre of total lot area, there
shall be a maximum average of five recreational vehicle sites (where
allowed); 10 tent sites; or cabin sleeping capacity for 20 persons.
Such sites may be clustered in portions of the tract. Such maximum
density shall not apply within a commercial district.
B.
Retail sales shall be allowed as an accessory use. Within a residential
district, any store shall be limited to sales of recreational, household,
food, gift and camping items. Within a residential district, any store
shall be primarily intended to serve persons camping on the site.
C.
Minimum lot area: five acres in an allowed commercial or industrial district; 10 acres in any other district where the use is permitted under Article III.
D.
All campsites, recreational vehicle sites, and principal commercial
buildings shall be set back a minimum of 75 feet from any contiguous
lot line of an existing dwelling that is not part of the campground
or camp. Within this buffer, the applicant shall prove to the maximum
extent feasible that any existing healthy trees will be maintained
and preserved. Where healthy mature trees do not exist within this
buffer, and if practical considering soil and topographic conditions,
new trees shall be planted within this buffer.
(1)
The screening of evergreens provided in § 295-123 between business and residential uses is not required if the tree buffer would essentially serve the same purpose, or if removal of mature trees would be needed to plant the shrubs.
(2)
Removal of trees within this buffer shall be only allowed for a necessary
crossing of a street (which shall be generally perpendicular to the
buffer), stormwater channel, driveway, and utility and to provide
safe sight distance.
E.
Buildings used for sleeping quarters shall not be within the one-hundred-year
floodplain.
F.
Maximum impervious coverage: within a residential district, 10%, which shall include the typical lot area covered by recreational vehicles at full capacity. Within any other district, the maximum impervious coverage shall be the percentage that applies to that zoning district in § 295-29A.
G.
No person other than a bona fide resident manager/caretaker shall
reside on the site for more than six months in any calendar year.
No recreational vehicle shall be occupied on the site for more than
six months in any calendar year by any one individual or one family,
other than a resident manager/caretaker.
A.
Traffic flow and ingress/egress shall not cause traffic hazards on
adjacent streets. On-lot traffic circulation channels and parking
areas shall be clearly marked.
B.
Adequate provisions shall be made for the proper and convenient disposal
of refuse. The applicant shall provide evidence that adequate measures
will be in place to prevent pollutants from being washed into the
groundwater or waterways. Any chemicals or polluted runoff that may
be hazardous to aquatic life shall be stored within an area that will
completely contain any leaks, spills or polluted runoff.
C.
Any car wash that is located within 250 feet of an existing dwelling
shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
D.
Water that drains from car washing areas shall not enter a street,
sidewalk or a waterway.
A.
Minimum lot area: two acres, which may be on the same lot as an allowed
place of worship.
B.
A crematorium, where allowed by Article III, shall be set back a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.
C.
All structures and graves shall be set back a minimum of: 30 feet
from the future right-of-way of any public street, 10 feet from the
cartway of an internal driveway, and 10 feet from any other lot line.
Any buildings with a height greater than 20 feet shall be set back
a minimum of 50 feet from all lot lines.
D.
No grave sites and no structures shall be located within the one-hundred-year
floodplain.
E.
The applicant shall prove, to the satisfaction of the Zoning Officer,
based upon review by the Township Solicitor, that the use will include
an appropriate financial system to guarantee perpetual maintenance.
[Amended 6-8-2016 by Ord.
No. 2016-5]
A.
Purposes and findings of fact.
(1)
The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in Swatara Township (referred to herein as the "Township").
While the Township recognizes the importance of wireless communications
facilities in providing high-quality communications service to its
residents and businesses, the Township also recognizes that it has
an obligation to protect public safety and to minimize the adverse
visual effects of such facilities through the standards set forth
in the following provisions.
(2)
By enacting these provisions, the Township intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, and other
wireless communications facilities;
(e)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(f)
Promote the health, safety and welfare of the Township's
residents.
B.
General and specific requirements for non-tower wireless communications
facilities.
(1)
The following regulations shall apply to all non-tower WCFs:
(a)
Permitted by conditional use in all zones, subject to regulations.
Non-tower WCFs shall be located on utility poles and traffic lights.
If such placement is not possible, non-tower WCFs are permitted by
conditional use in all zones, subject to the restrictions and conditions
prescribed below and subject to applicable permitting by the Township.
(b)
Nonconforming wireless support structures. Non-tower WCFs shall
be permitted to co-locate upon nonconforming tower-based WCFs and
other nonconforming structures. Co-location of WCFs upon existing
tower-based WCFs is encouraged even if the tower-based WCF is nonconforming
as to use within a zoning district.
(c)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
(d)
Wind. All non-tower WCF structures shall be designed to withstand
the effects of wind gusts of at least 100 miles per hour in addition
to the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry
Association and Telecommunications Industry Association (ANSI/TIA-222,
as amended).
(e)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(f)
Public safety communications. Non-tower WCFs shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(g)
Radio frequency emissions. A non-tower WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(h)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Township of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory facilities shall
be removed within two months of the cessation of operations at the
site, unless a time extension is approved by the Township.
[2]
If the WCF or accessory facility is not removed within two months
of the cessation of operations at a site, or within any longer period
approved by the Township, the WCF and/or associated facilities and
equipment may be removed by the Township and the cost of removal assessed
against the owner of the WCF.
(i)
Insurance. Each person that owns or operates a non-tower WCF
shall provide the Township with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the non-tower WCF.
(j)
Indemnification. Each person that owns or operates a non-tower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the non-tower WCF. Each person that owns or operates
a non-tower WCF shall defend any actions or proceedings against the
Township in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of a non-tower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all
other costs of indemnification.
(k)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(2)
The following regulations shall apply to all co-located non-tower
WCFs that do not substantially change the physical dimensions of the
wireless support structure to which they are attached, and/or otherwise
fall under the Pennsylvania Wireless Broadband Collocation Act:
(a)
Permit required. WCF applicants proposing the modification of
an existing tower-based WCF shall obtain a building permit from the
Township. In order to be considered for such permit, the WCF applicant
must submit a permit application to the Township in accordance with
applicable permit policies and procedures.
(b)
Related equipment. Ground-mounted related equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use or zoned residential.
(c)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in
reviewing and processing the application for approval of a non-tower
WCF or $1,000, whichever is less.
(d)
Timing of approval for applications that fall under the WBCA.
Within 30 calendar days of the date that an application for a non-tower
WCF is filed with the Township, the Township shall notify the WCF
applicant in writing of any information that may be required to complete
such application. Within 60 calendar days of receipt of a complete
application, the Township shall make its final decision on whether
to approve the application and shall advise the WCF applicant in writing
of such decision. The Township shall notify the WCF applicant as to
completeness of the WCF application within 30 days of receipt.
(3)
The following regulations shall apply to all non-tower WCFs that
do substantially change the wireless support structure to which they
are attached, or that otherwise do not fall under the Pennsylvania
Wireless Broadband Collocation Act:
(a)
Prohibited on certain structures. No non-tower WCF shall be
located on single-family detached residences, single-family attached
residences, or any residential accessory structure.
(b)
Conditional use required. Any WCF applicant proposing the construction
of a new non-tower WCF, or the modification of an existing non-tower
WCF, shall first obtain a conditional use from the Township. New constructions,
modifications, and replacements that do fall under the WBCA shall
not be subject to the conditional use process. The conditional use
application shall demonstrate that the proposed facility complies
with all applicable provisions in the Swatara Township Zoning Ordinance.
(c)
Historic buildings. No non-tower WCF may be located upon any
property or on a building or structure that is listed on either the
National or Pennsylvania Register of Historic Places or is listed
on the official historic structures and/or historic districts list
maintained by the Township.
(d)
Retention of experts. The Township may hire any consultant(s)
and/or expert(s) necessary to assist the Township in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these WCF provisions. The WCF applicant and/or owner
of the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(e)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in
reviewing and processing the application for approval of a non-tower
WCF, as well as related inspection, monitoring and related costs.
(f)
Development regulations. Non-tower WCFs shall be co-located
on existing wireless support structures, such as existing buildings
or tower-based WCFs, subject to the following conditions:
[1]
The total height of any wireless support structure and mounted
WCF shall not exceed 20 feet above the maximum height permitted in
the underlying zoning district, unless the WCF applicant applies for,
and subsequently obtains, a variance.
[2]
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Township justifying the total height
of the non-tower WCF. Such documentation shall be analyzed in the
context of such justification on an individual basis.
[3]
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district, and landscaping shall
be required to screen as much of the equipment building as possible.
An evergreen screen of at least four feet shall surround the site.
(g)
A security fence with a minimum height of eight feet shall surround
any separate communications equipment building. Vehicular access to
the communications equipment building shall not interfere with the
parking or vehicular circulation on the site for the principal use.
(h)
Noncommercial usage exemption. Township residents utilizing
satellite dishes and antennas for the purpose of maintaining television,
phone, and/or Internet connections at their respective residences
shall be exempt from the regulations enumerated in this section of
the Zoning Ordinance.
(i)
Design regulations. Non-tower WCFs shall employ stealth technology
and be treated to match the wireless support structure in order to
minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
(j)
Removal, replacement and modification.
[1]
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not substantially change the
overall size of the WCF or the number of antennas.
[2]
Any material modification to a WCF shall require notice to be
provided to the Township and possible supplemental permit approval
to the original permit or authorization.
(k)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance and
any other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(4)
Regulations applicable to all non-tower WCFs located in the public rights-of-way. In addition to the non-tower WCF provisions listed in Subsection B, the following regulations shall apply to non-tower WCFs located in the public rights-of-way:
(a)
Co-location. Non-tower WCFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles. If
co-location is not technologically feasible, the WCF applicant, with
the Township's approval, shall locate its non-tower WCF on existing
poles or freestanding structures that do not already act as wireless
support structures.
(b)
Design requirements:
[1]
WCF installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
[2]
Antennas and related equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the support structure upon
which they are mounted.
(c)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(d)
Equipment location. Non-tower WCFs and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of the curb or
within an easement extending onto a privately owned lot.
[2]
Ground-mounted related equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
[3]
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on any wireless support structures or any related
equipment shall be removed at the sole expense of the owner.
[5]
Any proposed underground vault related to a non-tower WCF shall
be reviewed and approved by the Township.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any WCF when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall have determined
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity
in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Township.
C.
General and specific requirements for all tower-based wireless communications
facilities.
(1)
The following regulations shall apply to all tower-based wireless
communications facilities:
(a)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Township.
(b)
Notice. Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall mail notice to all owners of every property
within 500 feet of the proposed facility. The WCF applicant shall
provide proof of the notification to the Township.
(c)
Conditional use authorization required. Tower-based WCFs are
permitted in certain zoning districts by conditional use, and at a
height necessary to satisfy their function in the WCF applicant's
wireless communications system. No WCF applicant shall have the right
under these regulations to erect a tower to the maximum height specified
in this section unless it proves the necessity for such height. The
WCF applicant shall demonstrate that the antenna/tower/pole for the
tower-based WCF is the minimum height necessary for the service area.
[1]
Prior to the Board's approval of a conditional use authorizing
the construction and installation of a tower-based WCF, it shall be
incumbent upon the WCF applicant for such conditional use approval
to prove to the reasonable satisfaction of the Board that the WCF
applicant cannot adequately extend or infill its communications system
by the use of equipment such as redoes, repeaters, antenna(s) and
other similar equipment installed on existing structures, such as
utility poles or their appurtenances and other available tall structures.
The WCF applicant shall further demonstrate that the proposed tower-based
WCF must be located where it is proposed in order to serve the WCF
applicant's service area and that no other viable alternative
location exists.
[2]
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communication
facilities and equipment, a description of the type and manufacturer
of the proposed transmission/radio equipment, the frequency range
(megahertz band) assigned to the WCF applicant, the power in watts
at which the WCF applicant transmits, and any relevant related tests
conducted by the WCF applicant in determining the need for the proposed
site and installation.
[3]
The conditional use application shall be accompanied by documentation
demonstrating that the proposed tower-based WCF complies with all
state and federal laws and regulations concerning aviation safety.
[4]
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation to the
Board of Commissioners that the owner of the property has granted
an easement for the proposed WCF and that vehicular access will be
provided to the facility.
[5]
The conditional use application shall be accompanied by documentation
demonstrating that the proposed tower-based WCF complies with all
applicable provisions in this section.
(d)
Engineer inspection. Prior to the Township's issuance of
a permit authorizing construction and erection of a tower-based WCF,
a structural engineer registered in Pennsylvania shall issue to the
Township a written certification of the proposed WCF's ability
to meet the structural standards offered by either the Electronic
Industries Association or the Telecommunications Industry Association
and certify the proper construction of the foundation and the erection
of the structure. This certification shall be provided during the
conditional hearings or at a minimum be made as a condition attached
to any approval given such that the certification be provided prior
to issuance of any building permits.
(e)
Visual appearance and land use compatibility. Tower-based WCFs
shall employ sealth technology, which may include the tower portion
to be painted silver or another color approved by the Board of Commissioners,
or shall have a galvanized finish. All tower-based WCFs and related
equipment shall be aesthetically and architecturally compatible with
the surrounding environment and shall maximize the use of a like facade
to blend with the existing surroundings and neighboring buildings
to the greatest extent possible. The Board of Commissioners shall
consider whether its decision upon the subject application will promote
the harmonious and orderly development of the zoning district involved;
encourage compatibility with the character and type of development
existing in the area; benefit neighboring properties by preventing
a negative impact on the aesthetic character of the community; preserve
woodlands and trees existing at the site to the greatest possible
extent; and encourage sound engineering and land development design
and construction principles, practices and techniques.
(f)
Co-location and siting. An application for a new tower-based
WCF shall demonstrate that the proposed tower-based WCF cannot be
accommodated on an existing or approved structure or building, or
sited on land owned and maintained by Swatara Township. The Board
of Commissioners may deny an application to construct a new tower-based
WCF if the WCF applicant has not made a good-faith effort to mount
the commercial communications antenna(s) on an existing structure.
The WCF applicant shall demonstrate that it contacted the owners of
tall structures, buildings, and towers within a one-fourth-mile radius
of the site proposed, sought permission to install an antenna on those
structures, buildings, and towers and was denied for one of the following
reasons:
[1]
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower and the interference cannot be prevented
at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(g)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any WCF applicant proposing
the modification of an existing tower-based WCF, which increases the
overall height of such WCF, shall first obtain a permit from the Township.
Nonroutine modifications shall be prohibited without a permit.
(h)
Gap in coverage. A WCF applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage or capacity
exists with respect to all wireless operators in the applicable area
and that the type of WCF being proposed is the least-intrusive means
by which to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Township's
decision on an application for approval of tower-based WCF.
(i)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(j)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind gusts of at least 100 miles per hour in addition
to the standard designed by the American National Standards Institute
as prepared by the engineering departments of the Electronics Industry
Association and Telecommunications Industry Association (ANSI/EIA/TIA-222,
as amended).
(k)
Height. Any tower-based WCF shall be designed at the minimum
functional height. The maximum height of any new tower-based WCF shall
be 175 feet. An existing tower may be modified or extended to a height
not to exceed a total height of 215 feet, to accommodate the co-location
of additional communications antennas.
(l)
Related equipment. Either one single-story wireless communications
equipment building not exceeding 400 square feet in area or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area housing the receiving and transmitting equipment may
be located on the site for each unrelated company sharing commercial
communications antenna space on the tower-based wireless communications
facility.
(m)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(n)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the WCF in order to promote the safety and security of the Township's
residents, and utilize the best available technology for preventing
failures and accidents.
(o)
Radio frequency emissions. A tower-based WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(p)
Historic buildings or districts. A tower-based WCF shall not
be located upon a property and/or on a building or structure that
is listed on either the National or Pennsylvania Register of Historic
Places, or eligible to be so listed, or is included in the official
historic structures and/or historic districts list maintained by the
Township.
(q)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be those required by the FCC or any other federal or
state agency.
(r)
Lighting. No tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required, the WCF applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township Secretary.
(s)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Township Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(t)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(u)
Retention of experts. The Township may hire any consultant and/or
expert necessary to assist the Township in reviewing and evaluating
the application for approval of the tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of these provisions. The WCF applicant and/or owner
of the WCF shall reimburse the Township for all costs of the Township's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(v)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Township, the
Township shall notify the WCF applicant, in writing, of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF, and the Township shall advise the WCF applicant, in writing,
of its decision. If additional information was requested by the Township
to complete an application, the time required by the WCF applicant
to provide the information shall not be counted toward the one-hundred-fifty-day
review period.
(w)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location but must otherwise comply with
the terms and conditions of this section.
(x)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Township of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within 90 days of the cessation of operations at
the site, unless a time extension is approved by the Township.
[2]
If the WCF and/or accessory facility is not removed within 90
days of the cessation of operations at a site, or within any longer
period approved by the Township, the WCF and accessory facilities
and equipment may be removed by the Township and the cost of removal
assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCFs, including antennas,
shall be removed within 90 days of the time of cessation of operations.
The Township must approve all replacements of portions of a tower-based
WCF previously removed.
(y)
Permit fees. The Township may assess appropriate and reasonable
permit fees directly related to the Township's actual costs in
reviewing and processing the application for approval of a tower-based
WCF, as well as related inspection, monitoring, and related costs.
(z)
FCC license. Each person that owns or operates a tower-based
WCF over 40 feet in height shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
(aa)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF. Each person that owns or operates a tower-based WCF 40 feet or
less in height shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering each tower-based WCF.
(bb)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Township, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of a tower-based WCF. The obligation
to indemnify, hold harmless and defend shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
reasonable attorneys' fees, reasonable expert fees, court costs
and all other costs of indemnification.
(cc)
Engineer signature. All plans and drawings for a tower-based
WCF shall contain a seal and signature of a professional structural
engineer licensed in the Commonwealth of Pennsylvania.
(dd)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Township financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
(2)
The following regulations shall apply to tower-based wireless communications
facilities located outside the public rights-of-way:
(a)
Development regulations.
[1]
Tower-based WCFs shall not be located in, or within 75 feet
of, any area in which all utilities are located underground.
[2]
Tower-based WCFs are permitted outside the public rights-of-way in certain zoning districts by conditional use pursuant to the table of uses in § 295-28.
[3]
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot meets minimum
size requirements for its zoning district. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 100% of the proposed WCF structure height.
[4]
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
WCF.
[b]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting if the proposed
WCF is greater than 40 feet in height.
[c]
Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall be equal to the total height of the tower-based
WCF or the minimum setback of the underlying zoning district, whichever
is greater. Where the site on which a tower-based WCF is proposed
to be located is contiguous to an educational use, child day-care
facility, or agriculture or residential use, the minimum distance
between the base of a tower-based WCF and any such adjoining uses
shall equal 250 feet, regardless of the height of the tower-based
WCF, unless it is demonstrated to the reasonable satisfaction of the
Board that, in the event of failure, the WCF is designed to collapse
upon itself within a setback area less than the required minimum setback
without endangering such adjoining uses and their occupants.
(b)
Design regulations.
[1]
The WCF shall employ the most-current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township Board of Commissioners.
[2]
To the extent permissible by law, any height extensions to an
existing tower-based WCF shall require prior approval of the Township
Board of Commissioners.
[3]
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
[4]
Any tower-based WCF over 40 feet in height shall be equipped
with an anticlimbing device, as approved by the manufacturer.
(c)
Surrounding environs.
[1]
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to the Township
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(d)
Fence/screen.
[1]
A security fence with a minimum height of eight feet shall completely
surround any tower-based WCF greater than 40 feet in height, as well
as guy wires, or any building housing WCF equipment.
[2]
Landscaping shall be required to screen as much of a newly constructed
tower-based WCF as possible. The Board of Commissioners may permit
any combination of existing vegetation, topography, walls, decorative
fences or other features instead of landscaping if, in the discretion
of the Board, it achieves the same degree of screening. Existing vegetation
shall be preserved to the maximum extent possible.
[a]
An evergreen screen shall be required to surround
the site. The evergreen screen shall be a minimum height of four feet
in height at the time of planting.
(e)
Accessory equipment.
[1]
Ground-mounted related equipment associated to, or connected
with, a tower-based WCF shall be placed underground or screened from
public view using stealth technologies, as described above.
[2]
All related equipment, utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(f)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to the
tower-based WCF. The access road shall be a dust-free, all-weather
surface for its entire length. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and minimize soil erosion. Where applicable, the WCF owner shall present
documentation to the Township that the property owner has granted
an easement for the proposed facility.
(g)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces.
(h)
Inspection. The Township reserves the right to inspect any tower-based
WCF to ensure compliance with the Zoning Ordinance and any other provisions
found within the Township Code or state or federal law. The Township
and/or its agents shall have the authority to enter the property upon
which a WCF is located at any time, upon reasonable notice to the
operator, to ensure such compliance.
(3)
The following regulations shall apply to tower-based wireless communications
facilities located in the public rights-of-way:
(a)
Location and development standards.
[1]
Tower-based WCFs in the public rights-of-way shall not exceed
40 feet in height.
[2]
Tower-based WCFs shall not be located in the front facade area
of any structure.
[3]
Tower-based WCFs shall be permitted along certain collector
roads and arterial roads throughout the Township. A map of such permitted
roads is kept on file at the Township Zoning Office and is adopted
via resolution of the Township Board of Commissioners.
(b)
Time, place and manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(c)
Equipment location. Tower-based WCFs and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
[1]
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of the curb.
[2]
Ground-mounted related equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
[3]
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Township.
[4]
Any graffiti on the tower or on any related equipment shall
be removed at the sole expense of the owner.
[5]
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Township.
(d)
Design regulations.
[1]
The WCF shall employ the most-current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Township.
[2]
Tower-based WCFs in the public ROW shall not exceed 40 feet
in height.
[3]
To the extent permissible under state and federal law, any height
extensions to an existing tower-based WCF shall require prior approval
of the Township and shall not increase the overall height of the tower-based
WCF to more than 40 feet.
[4]
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a tower-based WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
[2]
The operations of the Township or other governmental entity
in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Township.
(f)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every tower-based WCF in the ROW is subject to the
Township's right to fix annually a fair and reasonable fee to
be paid for use and occupancy of the ROW. Such compensation for ROW
use shall be directly related to the Township's actual ROW management
costs, including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each tower-based WCF shall pay an annual fee to the Township to compensate
the Township for the Township's costs incurred in connection
with the activities described above.
A.
See Article III, which regulates where conversions are permitted. Applicable state firesafety requirements shall be met.
B.
The following regulations shall apply to the conversion of an existing
one-family dwelling into a greater number of dwelling units:
(1)
The building shall maintain the appearance of a one-family dwelling
with a single front entrance. Additional entrances may be placed on
the side or rear of the structure. The dwelling units may internally
share the single front entrance.
(2)
The conversion shall not be permitted if it would require the placement
of an exterior stairway on the outside front of the building or would
require the placement of more than three off-street parking spaces
in the required front yard.
C.
A previously residential building shall maintain a clearly residential
appearance, except as may be appropriate for restoration of an historic
building.
D.
A maximum total of four dwelling units may be developed per lot unless
a more restrictive provision is established by another section of
this chapter, unless the building included more than 4,000 square
feet of building floor area at the time of adoption of this chapter.
E.
Each unit shall meet the definition of a "dwelling unit" and shall meet the minimum floor area requirements of § 295-121C.
F.
Additional dwelling units shall only be allowed if all uses on the lot will comply with the minimum parking required by Article VI, without any grandfathering of a previous deficit of parking spaces.
G.
The lot and building shall meet all of the same dimensional requirements
that would apply to a new apartment building in that district, including
lot width and lot area.
B.
The use shall comply with any applicable state and federal regulations,
including having an appropriate State Department of Public Welfare
(or its successor agency) registration certificate or license.
C.
Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.
D.
In residential districts, where permitted as a principal use, a day-care
use shall have a minimum lot area of 30,000 square feet and a minimum
setback for buildings and outdoor play areas of 25 feet from an abutting
residential lot line.
E.
The use shall include secure fencing, with any gates being self-latching
around outdoor play areas.
F.
Day care as a principal use shall not be conducted in a dwelling
that is physically attached to another dwelling that does not have
a common owner.
G.
In residential districts, any permitted day-care use shall maintain
an exterior appearance that resembles and is compatible with any existing
dwellings in the neighborhood.
The following uses shall be allowed as accessory uses to the
principal use of a fire company station:
The provisions of this section apply to forestry involving more
than three acres of land in any calendar year, other than routine
thinning of woods, cutting of trees for personal firewood for the
landowner, Christmas tree farms, orchards, tree nurseries, forestry
on state or federally owned land, or tree removal that is necessary
to develop approved permitted uses or utilities or soil testing.
A.
A plan showing the area proposed to be forested and any proposed
waterway or wetland crossings and roads shall be submitted to the
county, with a copy to the applicable Borough/Township, prior to the
issuance of a zoning permit. The plan shall show the existing and
proposed slopes in areas where logging roads are proposed. The plan
shall provide a justification for any clear-cutting of mature forests
involving more than 10 acres. The plan shall also show stormwater
and erosion control measures, such as filter strips and sedimentation
basins.
B.
A soil and erosion control plan shall be submitted to the County
Conservation District for any review they may wish to provide, in
addition to any approval that may be required under state law.
C.
The cutting or removal of more than 50% of the forest cover (canopy)
is prohibited within 50 feet from the top of the bank on each side
of a perennial waterway and on areas with a natural slope greater
than 25%. In such areas, the remaining trees shall be distributed
to promote reforestation. Best management practices shall be used
to protect water quality and to control erosion and stormwater problems
on such areas.
D.
No tops or slash shall be left on the banks or between the banks
of a perennial waterway or within the channel of an intermittent waterway.
No tops or slash shall be left within 20 feet of a public street right-of-way.
E.
It is requested but not required to provide a twenty-foot minimum
setback for forestry from a public street right-of-way and from any
lot line of adjacent residential property.
[Added 5-2-2018 by Ord.
No. 2018-3]
Where permitted by conditional use, a funeral home shall be
subject to the following criteria:
A.
The
funeral home must be adjacent and contiguous with an active cemetery.
B.
All
rooms available for funerals and viewing shall be located within the
principal building.
C.
There
shall be no receiving vault, preparation room, or display of merchandise
visible from outside of any building.
D.
Minimum
lot size shall be four acres.
E.
Off-street
parking shall be required at one space per 100 square feet of gross
floor area used for memorial services, viewing areas, business office
and product display.
A golf course may include a restaurant, hotel, convention center,
related recreation facilities or clubhouse, provided that such building
is located a minimum of 150 feet away from any lot line of an existing
dwelling. The maximum impervious area covered by man-made surfaces
shall not exceed 20% of the total lot area of the golf course.
For groundwater or springwater withdrawal involving the removal
of an average of more than 100,000 gallons per day from a lot for
off-site consumption (NOTE: If the water is being utilized for uses
on adjacent lots or as part of a public water system, it shall not
be considered off-site consumption.):
A.
See § 295-28G, under "miscellaneous uses." The regulations of this section shall not apply to water used by a principal agricultural use within the Township.
B.
If the water will be trucked off site, the applicant shall provide
a written report by a professional engineer with substantial experience
in traffic engineering. Such study shall analyze the suitability of
the area street system to accommodate the truck traffic that will
be generated. The application shall only be approved if the applicant
proves, to the satisfaction of the Zoning Hearing Board, that the
area street system is suitable in terms of structure, geometry, safety
and capacity to accommodate the additional truck traffic.
C.
If the water will be trucked off site, any area used for loading
or unloading of tractor-trailer trucks shall be set back a minimum
of 150 feet from any adjacent residential lot.
D.
Minimum lot area: five acres, plus five additional acres for each
20,000 gallons per day of capacity of withdrawal, up to a maximum
of 100 acres.
Group homes are permitted within a lawful dwelling unit, provided
the following additional requirements are met:
B.
A group home shall not include any use meeting the definition of
a "treatment center."
C.
A group home shall include the housing of a maximum of six unrelated
persons, except:
D.
The facility shall have adequate trained staff supervision for the
number and type of residents. If the staffing of the facility has
been approved by a state or county human service agency, then this
requirement shall have been deemed to be met.
E.
The applicant shall provide evidence of any applicable federal, state
or county licensing or certification to the Zoning Officer.
F.
The group home shall register, in writing, its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Zoning Officer.
G.
Any medical or counseling services shall be limited to a maximum
of three nonresidents per day.
I.
If a group home is in a residential district, an appearance shall
be maintained that is closely similar to nearby dwellings, and no
sign shall identify the use.
J.
The persons living on site shall function as a common household unit
which shares living and kitchen facilities.
K.
The applicant shall notify the local ambulance and fire services
of the presence of the group home and the type of residents.
L.
An off-street parking space shall be provided for the largest vehicle
that serves the use.
M.
The building shall have lighted exit lights, emergency lighting and
interconnected smoke alarms.
A.
The applicant shall prove that the heliport has been located and
designed to minimize noise nuisances to other properties.
B.
The Zoning Hearing Board may place conditions on the size of helicopters,
frequency of use, fueling facilities, setbacks and hours of operation
to minimize nuisances and hazards to other properties. Provided that
the conditions do not conflict with safety or federal or state regulations,
the Zoning Hearing Board may require that the majority of flights
approach from certain directions, and not from other directions that
are more likely to create nuisances for residential areas.
A.
Storage of garbage or biodegradable material is prohibited, other
than what is customarily generated on site and routinely awaiting
pickup.
B.
Outdoor storage of junk shall be at least 100 feet from any residential
lot line and 50 feet from any other lot line and the existing right-of-way
of any public street.
C.
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways with a minimum
width of 15 feet shall be provided throughout the entire use to allow
access by emergency vehicles. Adequate off-street parking areas shall
be provided for customers.
D.
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 295-123, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
E.
Open burning is prohibited.
G.
All gasoline, antifreeze and oil shall be drained from all vehicles
and properly disposed. All batteries shall be removed from vehicles
and properly stored in a suitable area on an impervious and properly
drained surface.
H.
Lot area: five acres minimum; 20 acres maximum.
J.
Any storage of junk shall be maintained a minimum distance of 100
feet from the center line of any waterway and shall be kept out of
a drainage swale.
K.
Where a junkyard is regulated by both this chapter and another chapter
of the Codified Ordinances of the Township, the provision that is
more restrictive upon the junkyard use shall apply.
A.
All buildings in which animals are housed (other than buildings that
are completely soundproofed and air-conditioned) and all runs outside
of buildings shall be located at least 150 feet from all residential
lot lines. This one-hundred-fifty-foot setback shall be increased
to 200 feet if more than 20 dogs are kept overnight on the lot and
shall be increased to 250 feet if more than 50 dogs are kept overnight
on the lot.
B.
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any principal
building on another lot.
C.
No animal shall be permitted to use outdoor runs from 9:00 p.m. to
8:00 a.m. that are within 250 feet of an existing dwelling. Runs for
dogs shall be separated from each other by visual barriers, a minimum
of four feet in height, to minimize dog barking.
D.
See state law regulating kennels.
E.
Minimum lot area: six acres, unless a larger lot area is required
by another section of this chapter.
A.
Minimum lot area: five acres, except a minimum lot area of 25 acres
shall apply for an intensive raising of livestock or poultry use.
B.
Except for an intensive raising of livestock or poultry use, any
building or concentrated feeding areas for the keeping of livestock
or poultry shall be located a minimum of 300 feet from a lot in a
residential district; 200 feet from an existing dwelling that is not
within a residential district; and 50 feet from all other exterior
lot lines. As a special exception use, the Zoning Hearing Board may
approve a smaller setback for the expansion of facilities that existed
prior to the adoption of this section where the applicant proves that
there is no reasonable and feasible alternative and where the applicant
proves that the lesser distance would not be detrimental to public
health or safety or create significant hazards or nuisances.
C.
For an intensive raising of livestock or poultry use, any building
or concentrated feeding areas for the keeping of livestock or poultry
shall be located a minimum of 600 feet from a lot in a residential
district; 200 feet from an existing dwelling that is not within a
residential district; and 100 feet from all other exterior lot lines.
As a special exception use, the Zoning Hearing Board may approve a
smaller setback for the expansion of facilities that existed prior
to the adoption of this section where the applicant proves that there
is no reasonable and feasible alternative and where the applicant
proves that the lesser distance would not be detrimental to public
health or safety or create significant hazards or nuisances.
D.
The setbacks from property lines provided in this section for this
use shall not apply from dwellings or lots owned by the operator or
owner of the livestock use or affected property owners providing a
written notarized letter waiving such setback.
E.
Fencing shall be used as necessary and practical to prevent livestock
from entering streets or unauthorized property.
F.
For a new or expanded raising of livestock or poultry use, evidence
shall be provided by the operator/applicant to the Township to show
that there will be compliance with the procedures and requirements
of the State Nutrient Management Act[1] and accompanying state regulations.
[1]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
G.
Buildings used for the keeping of livestock or poultry shall:
H.
For manure storage facilities that are specifically required to have
a setback from lot lines under the State Nutrient Management Regulations,
that state setback shall apply. For any other manure storage facilities,
a one-hundred-foot minimum setback shall apply from all lot lines.
I.
The following additional requirements shall apply to an intensive
raising of livestock or poultry use:
(1)
The applicant shall provide a soil and erosion control plan to the
County Conservation District for review and pay its review fees.
(2)
The applicant shall describe, in writing or on site plans, methods
that will be used to address water pollution and insect and odor nuisances.
The applicant shall provide a written comparison of proposed methods
of controlling insect and odor nuisances and avoiding water pollution
to applicable sections of the Pennsylvania Soil and Water Conservation
Technical Guide as published by the United States Department of Agriculture
and the State Department of Environmental Protection's Manure
Management Manual for Environmental Protection, or their successor
publications. The applicant may meet this requirement by providing
a cross-reference to certain sections of such manuals or other written
industry standards to describe the methods that will be used.
(3)
The location of the facility is requested to consider prevailing
wind patterns as they may affect the nearest existing dwellings.
(4)
An area shall be provided for trucks to turn around on the property
that avoids the need to back out onto a public road.
The regulations in Chapter 186, Massage Parlors, shall apply.
[Added 3-8-2017 by Ord.
No. 2017-3]
A.
Purpose. The purpose of this section is to establish a process and
standards for the establishment, construction, and operations of medical
marijuana facilities, pursuant to the Pennsylvania "Medical Marijuana
Act" (Pennsylvania Act 16 of 2016)[1] to allow for the integration of an allowed industry while
providing for the protection of the public's health, safety,
morals, and general welfare.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
B.
District regulations.
(1)
Academic clinical research centers are permitted in the General Commercial (C-G) and Limited Manufacturing (M-L) Districts, with consideration for the applicable performance standards found in Subsection D(1) of this section.
(2)
Medical marijuana growers processors are permitted in the General Commercial (C-G) and Limited Manufacturing (M-L) Districts, with consideration for the applicable performance standards found in Subsection D(2) of this section.
D.
Use regulations. The following are performance standards for medical
marijuana facilities:
(1)
Academic clinical research centers.
(b)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(c)
All external lighting serving an academic clinical research
center must be shielded in such a manner to not allow light to be
emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where an academic clinical research
center adjoins a residential use or district.
(2)
Medical marijuana grower/processor.
(a)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle. Note: Municipalities should apply
the setback, parking, landscaping, coverage, and building height requirements
of the applicable zoning district to determine the building envelope
and maximum allowable floor area.
(b)
The maximum floor area of a medical marijuana grower/processor
shall be limited to 20,000 square feet, of which sufficient space
must be set aside for secure storage of marijuana seeds, related finished
product, and marijuana-related materials used in production or for
required laboratory testing, or, as an alternative, the floor area
of a medical marijuana grower/processor shall include sufficient space
for production, secure storage of marijuana seed, related finished
product cultivation, and marijuana-related materials and equipment
used in production and cultivation or for required laboratory testing.
(c)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where medical marijuana
growing, processing or testing occurs.
(d)
Marijuana remnants and byproducts shall be secured and properly
disposed of in accordance with the DOH policy and shall not be placed
within any unsecure exterior refuse containers.
(e)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
(f)
Growers/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
(g)
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(i)
A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use or district.
(j)
(k)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
(3)
Medical marijuana transport vehicle service.
(a)
A traffic impact study is required where the office is operated.
(c)
All external lighting serving a medical marijuana transport
vehicle service must be shielded in such a manner to not allow light
to be emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where a medical marijuana transport
vehicle service adjoins a residential use or district.
(e)
(f)
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana transport vehicle service facility,
the facility must be secured to the same level as a medical marijuana
grower/producer and dispensary.
(g)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
(4)
Medical marijuana dispensary.
(a)
A medical marijuana dispensary must be legally registered in
the Commonwealth and possess a current valid medical marijuana permit
from the DOH.
(b)
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(c)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(d)
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
(e)
Permitted hours of operation of a dispensary shall be 8:00 a.m.
to 8:00 p.m. (of the same calendar day).
(f)
A medical marijuana dispensary shall be a maximum of 3,000 gross
square feet, of which no more than 500 square feet shall be used for
secure storage of product, and shall have an interior customer waiting
area equal to a minimum of 25% of the gross floor area.
(h)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(i)
A medical marijuana dispensary may not be located within 1,000
feet of the property line of a public, private or parochial school
or a day-care center. This distance shall be measured in a straight
line from the closest exterior wall of the buildings or portion thereof
in which the business is conducted, or proposed to be conducted, to
the closest property line of the protected use, regardless of municipality
in which it is located.
(j)
A medical marijuana dispensary shall be a minimum distance of
1,000 feet from the next nearest medical marijuana facility. This
does not include complementing or supporting businesses covered by
different definitions. This distance shall be measured in a straight
line from the closest exterior walls of the buildings or portions
thereof in which the businesses are conducted or proposed to be conducted,
regardless of the municipality in which it is located. This separation
distance does not apply to the distance between the grower/processor
or academic clinical research centers and the specific dispensary
they serve, or with which they partner.
(k)
Any medical marijuana facility lawfully operating shall not
be rendered in violation of these provisions by the subsequent location
of a public, private or parochial school or a day-care center.
(l)
All external lighting serving a medical marijuana dispensary
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(n)
A buffer planting is required where a medical marijuana dispensary
adjoins a residential use or district.
(o)
(p)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
E.
Administration and enforcement.
(1)
Building and zoning permits/approvals.
(a)
A zoning permit shall be required prior to obtaining a building
permit for the construction or erection of a building; the alteration
of a building or portion thereof; the use or change in use of a building
or land; or any adjustments to a nonconforming use.
(b)
A Swatara Township zoning permit application must be completed.
(c)
Permit fees shall be as stipulated in the fee schedule adopted
by resolution of the Board of Commissioners in effect at the time
of application.
(d)
Permits may be denied if the applicant, in the reasonable opinion
of Swatara Township, is failing to comply with any state or local
law or regulation.
(f)
If the application is to change the use of a building or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
(g)
A medical marijuana grower/processor must be legally registered
in the Commonwealth and possess a current valid medical marijuana
permit from the DOH.
F.
Severability. If any section, subsection, sentence, clause or phrase
or portion of this section is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portion thereof.
G.
Penalties. Any owner, operator, or other person who violates or permits
a violation of this section shall, upon being found liable therefor
in a civil enforcement proceeding before a Magisterial District Judge,
pay to Swatara Township a fine of not more than $500, plus all court
costs, including, but not limited to, reasonable attorneys' fees
incurred by the Swatara Township on account of such violation. No
penalty or cost shall be imposed until the date the determination
of the violation by the Magisterial District Judge becomes final.
If the defendant neither pays nor timely appeals the judgment, the
Swatara Township may enforce the judgment as provided by law. Each
day a violation exists after final judgment shall constitute a separate
offense. The amount of the fine imposed shall be multiplied by the
number of such days and may be charged and collected by the Swatara
Township without further judicial proceedings. Further, the appropriate
officers or agents of the Swatara Township are hereby authorized to
issue a cease and desist notice and/or to seek equitable relief, including
injunction, to enforce compliance herewith. No bond will be required
if injunctive relief is sought by the Swatara Township. A person who
violates this section shall also be responsible for the Swatara Township's
attorneys' fees, engineering fees, expert fees and court costs
reasonably incurred by the Swatara Township on account of such violation.
H.
Effective date. This section shall take effect March 8, 2017.
If a mineral extraction use involves mining activities over
more than two acres of land in any calendar year, then the following
additional requirements shall be met:
A.
The applicant shall prove that a continuous route over roads will
be available and will be used by trucks leaving the use that entirely
involves roads with a minimum paved cartway width of 18 feet from
the exit driveway of the mineral extraction use to reach Interstate
83, Route 322 or Route 283. This route shall consider any improvements
that the applicant proposes to fund.
B.
A copy of all information submitted to state agencies shall also
be submitted to the Zoning Officer at the same time.
C.
A detailed and appropriate land reclamation and reuse plan of the
area to be excavated shall be submitted to the Zoning Officer. Compliance
with such plan shall be a condition of Township permits.
D.
After areas are used for mineral extraction, those areas shall be
reclaimed in phases to a nonhazardous and environmentally sound state
permitting some productive or beneficial future use.
E.
A fifty-foot-wide yard covered by natural vegetative ground cover
(except at approved driveway crossings) shall be required along all
exterior lot lines that are within 200 feet of an area of excavation.
The Zoning Hearing Board may require this yard to include an earth
berm with a minimum average height of six feet and an average of one
shade tree for each 40 feet of distance along the lot lines. Such
shade trees shall be planted outside of any berm and any fence. New
trees shall not be required where preserved trees will serve the same
purpose.
F.
The following minimum setbacks shall apply for the excavated area
of a mineral extraction use from property that is not owned by the
owner or operator of the mineral extraction use:
(1)
From the existing right-of-way of public streets and from all exterior
lot lines of the property: 100 feet.
(2)
From a nonresidential principal building, unless released by the
owner thereof: 150 feet.
(3)
From the lot line of a dwelling: 400 feet.
(4)
From the lot line of a publicly owned recreation area that existed
at time of the application for the use or expansion: 150 feet.
G.
The excavated area of a mineral extraction use shall be set back
150 feet from the average waterline of a perennial stream or the edge
of a natural wetland of more than two acres.
H.
Truck access to the use shall be located to reasonably minimize:
hazards on public streets and dust and noise nuisances to residences.
I.
Fencing. The Zoning Hearing Board may require secure fencing in locations
where needed to protect public safety. As an alternative, the Zoning
Hearing Board may approve the use of thorny vegetation to discourage
public access. Also, warning signs shall be placed around the outer
edge of the use.
J.
Hours of operation. The Zoning Hearing Board, as a condition of special
exception use approval, may reasonably limit the hours of operation
of the use and of related trucking and blasting operations to protect
the character of adjacent residential areas.
K.
The activities and residual effects shall not create conditions that
are significantly hazardous to the health and safety of neighboring
residents.
L.
The Township may require that the applicant post financial security
to cover the costs of damage that may occur to entrances and exits
to public roads as a result of the trucks carrying mining materials.
M.
A plan shall be submitted showing sequential phases of mining activities
on the land. Mining activities shall be conducted on a maximum of
50 acres at a time. Reclamation shall be initiated on one phase before
the next phase is opened for mining.
N.
A plan shall be submitted showing how dust will be controlled.
For mobile/manufactured homes installed on an individual lot
or within a mobile/manufactured home park approved after the adoption
of this chapter:
A.
Construction. Any mobile/manufactured home placed on any lot after
the adoption of this chapter shall be constructed in accordance with
1976 or later Safety and Construction Standards of the United States
Department of Housing and Urban Development. (NOTE: These federal
standards supersede local construction codes for the actual construction
of the home itself.)
B.
Each site shall be graded to provide a stable and well-drained area.
C.
Each home shall have hitch and tires removed.
D.
Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured
home park shall include a system that properly secures the home to
the ground to prevent shifting, overturning or uneven settling of
the home. The requirements of the construction codes[1] shall apply, in addition to the manufacturer's specifications
for installation.
E.
Foundation treatment. The space between the bottom of the home and
the ground and/or home pad shall be enclosed using a durable fire-resistant
material. This enclosure shall have the appearance of a foundation
of a site-built home, such as material with a concrete-type or stucco
facing, except that metal skirting shall be allowed for a dwelling
within a manufactured/mobile home park. Provisions shall be provided
for access to utility connections under the home.
A.
Plans and permits. Plans shall be submitted and reviewed by the Township for all mobile/manufactured home parks in compliance with the mobile/manufactured home park provisions of Chapter 253, Subdivision and Land Development, and all other provisions of such chapter that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).
B.
The minimum tract area shall be three contiguous acres, unless a larger tract area is required by § 295-28 in a particular zoning district. This minimum tract area shall be under single ownership.
C.
Density. The maximum average density of the tract shall be four dwelling
units per acre. To calculate this density, land in common open space
or proposed streets within the park may be included, but land within
the one-hundred-year floodplain, wetlands and slopes over 25% shall
not be included.
D.
Landscaped perimeter. Each mobile/manufactured home park shall include
a thirty-five-foot-wide landscaped area, including substantial attractive
evergreen and deciduous trees around the perimeter of the site, except
where such landscaping would obstruct safe sight distances for traffic.
A planting plan for such area shall be approved by the Zoning Hearing
Board as part of any required special exception use approval. Such
landscaped area shall not be required between adjacent mobile home
park developments. The same area of land may count towards both the
landscaped area and the building setback requirements.
E.
A dwelling, including any attached accessory building, shall be set
back a minimum of 25 feet from another dwelling within the mobile
home park, except that unenclosed porches, awnings and decks may be
15 feet from the walls of another dwelling.
F.
The minimum separation between homes and edge of interior street
cartway or parking court cartway shall be 25 feet.
G.
The minimum principal and accessory building setbacks from exterior/boundary
lot lines and rights-of-way of preexisting public streets shall be
50 feet.
H.
Each home shall comply with the requirements for mobile/manufactured
homes stated in the preceding section.
I.
Accessory structures. A detached accessory structure or garage shall
be separated a minimum of 15 feet from any dwelling units to which
the accessory structure is not accessory.
J.
Common open space for a mobile home park. A minimum of 15% of the
total lot area of the entire mobile home park shall be set aside as
common open space for the residents. The applicant shall prove that
these areas will be suitable for active or passive recreation. If
a development will not be restricted to persons over age 55, then
the common open space shall, at a minimum, include a rectangular grass
field, 100 feet by 200 feet, suitable for free play by young persons.
If a development will be restricted to persons over age 55, then the
common open space shall, at a minimum, include landscaped paved trails.
A recreation building or pool available to all residents of the development
may count towards this requirement.
K.
Streets.
(1)
Access to individual mobile home spaces shall be from interior parking
courts, access drives or private streets and shall not be from public
streets exterior to the development.
(2)
Streets within the mobile home park that provide access to reach
20 or more dwellings shall have a minimum paved cartway of 24 feet,
and other local private streets or parking courts serving less than
20 homes shall have a minimum paved cartway of 20 feet.
(3)
Curbs and sidewalks are not required on the private streets, but
all private streets shall meet all other Township cartway construction
standards.
L.
Utilities. All units within the mobile home park shall be connected
to a public water and a public sewage system. The system shall meet
appropriate minimum water pressure/fire flow and hydrant requirements.
The applicant shall prove that adequate provisions are made for solid
waste disposal.
M.
Along through streets, a minimum nighttime lighting level of 0.2
footcandle shall be maintained, at no expense to the Township.
N.
Other requirements. A manufactured/mobile home park shall comply with all of the same requirements of Township ordinances that apply to a subdivision or land development of site-built single-family detached dwellings, except for requirements that are specifically modified by this section. This includes, but is not limited to, submission, approval and improvement requirements of Chapter 253, Subdivision and Land Development.
A.
All areas used for the racing, testing and maintenance of motor vehicles
shall be set back a minimum of 400 feet from the lot line of an existing
dwelling or a residential district boundary.
B.
All buildings, parking, loading and unloading areas shall be set
back a minimum of 150 feet from the lot line of an existing dwelling
or a residential district boundary.
C.
The applicant shall prove that the standards of Article V will be met, including noise, lighting and dust.
D.
Minimum lot area: 30 acres.
The provisions listed for this use under § 295-96 shall apply.
See regulations in § 295-75, Nursing home; assisted living facility; personal care home.
A.
All buildings, pavilions and areas used for nighttime activities
shall be a minimum of 150 feet from an existing dwelling on another
lot. All parking areas shall be set back a minimum of 75 feet from
any residential lot line. The use shall not operate between the hours
of 11:00 p.m. and 7:00 a.m.
C.
Minimum lot area: five acres.
A.
Minimum lot area: two acres in a residential district, unless a larger lot area is required by the applicable zoning district. In any other district, a place of worship shall meet the minimum lot area provided in Article III for that district.
B.
Weekly religious education rooms and meeting rooms are permitted accessory uses, provided they are incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center may be approved on the same lot as a place of worship, provided the requirements for such uses are also met. See § 295-27. Buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.
C.
A maximum of one dwelling unit may be accessory to a place of worship
on the same lot to house employees of the place of worship and/or
an employee and his/her family. Such dwelling shall meet the maximum
number of unrelated persons in the definition of a "family." No other
residential use shall be allowed.
D.
If a building is no longer used as a place of worship, it shall be
used for a use allowed in the district.
E.
Minimum building setback from a lot line of an existing dwelling
in a residential district: 60 feet.
F.
Minimum parking setback from a lot line of an existing dwelling in
a residential district: 20 feet.
A.
All buildings, pavilions and areas used for nighttime activities
shall be a minimum of 150 feet from an existing dwelling on another
lot. All parking areas shall be set back a minimum of 75 feet from
any residential lot line.
B.
This term shall not include publicly owned recreation, a golf course,
or a motor vehicle racetrack.
E.
In a residential district, the minimum lot area shall be 2.5 acres,
unless a more restrictive lot area is established by another section
of this chapter.
F.
Maximum impervious coverage in any residential district: 20%.
G.
Maximum building coverage in any residential district: 15%.
I.
Where woods exist adjacent to an exterior lot line of the use adjacent to a residential lot line, such woods shall be preserved within at least 20 feet of such lot line, except for approved driveway, utility and trail crossings. Where such woods will not exist, a twenty-foot-wide buffer yard in accordance with § 295-123 shall be required.
J.
Hours of operation. In a residential district, active recreation
facilities shall be conducted only between the hours of 6:00 a.m.
and 10:00 p.m., unless differing hours are established as a condition
of any needed Zoning Hearing Board or Board of Commissioners approval.
K.
Any restaurant open to the public, tavern, firearms target range,
camp, campground, or commercial picnic ground use shall only be allowed
if those uses are permitted in the applicable district and if all
requirements for each such use(s) are also met.
A.
This use shall not be bound by the requirements of a solid waste
disposal facility.
B.
All materials shall be kept in appropriate containers, with appropriate
sanitary measures and frequent enough emptying to prevent the attraction
of insects or rodents and to avoid fire hazards.
C.
Adequate provision shall be made for movement of trucks, if needed,
and for off-street parking.
D.
A twenty-foot-wide buffer yard with screening as described in § 295-123 shall be provided between this use and any abutting residential lot line.
E.
This use may be a principal or accessory use, including being an
accessory use to a commercial use, an industrial use, a public or
private primary or secondary school, a place of worship or a Township-owned
use, subject to the limitations of this section.
F.
Materials to be collected shall be of the same character as the following
materials: paper, fabric, cardboard, plastic, metal, aluminum, and
glass. No garbage shall be stored as part of the use, except for that
generated on site and that accidentally collected with the recyclables.
Only materials clearly being actively collected for recycling may
be stored on site.
G.
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning, and closely
similar work. No burning or landfilling shall occur. No mechanical
operations shall routinely occur at the site other than operations
such as baling of cardboard.
H.
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds, except within
an industrial district.
I.
The use shall include the storage of a maximum of 50 tons of materials
on the site if the use is within a residential district and within
500 feet of an existing dwelling.
See § 295-56, Conversion of existing buildings.
A.
Minimum lot area: two acres in a residential district. In any other
district, the use shall meet the standard minimum lot area requirement
for that district.
B.
No children's play equipment, basketball courts or illuminated
recreation facilities shall be within 50 feet of a residential lot
line.
C.
The use shall not include a dormitory unless specifically permitted
in the district.
A.
All storage units shall be of fire-resistant construction.
B.
Outdoor storage shall be limited to recreational vehicles, boats,
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
C.
Trash, radioactive or highly toxic substances, garbage, refuse, explosives
or flammable materials, hazardous substances, animal carcasses or
skins or similar items shall not be stored.
D.
Nothing shall be stored in interior traffic aisles, required off-street
parking areas, loading areas or accessways.
E.
The use shall not include a commercial auto repair garage unless
that use is permitted in the district and the use meets those requirements.
F.
Adequate lighting shall be provided for security, but it shall be
directed away or shielded from any adjacent residential uses.
H.
Minimum separation between buildings: 20 feet. Maximum length of
any building: 300 feet.
A.
All solid waste storage, disposal, incineration or processing shall
be at least 200 feet from the following: public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water-filled quarry), or wetland of more than
1/2 acre in area.
B.
All solid waste storage, disposal, incineration or processing shall
be a minimum of 500 feet from any residential district, perennial
creek, publicly owned park or any existing dwelling that the applicant
does not have an agreement to purchase.
C.
The use shall be served by a minimum of two paved access roads, each
with a minimum cartway width of 24 feet. One of these roads may be
restricted to use by emergency vehicles.
D.
No burning or incineration shall occur, except within an approved
waste-to-energy facility.
E.
The operation and day-to-day maintenance of the solid waste disposal
area shall comply with all applicable state and federal regulations
as a condition of the continuance of any permit of the Township. Violations
of this condition shall also be considered to be violations of this
chapter.
F.
Open dumps and open burning of refuse are prohibited.
G.
The applicant shall prove, to the satisfaction of the Zoning Hearing
Board, that the existing street network can handle the additional
truck traffic, especially without bringing extraordinary numbers of
trash-hauling trucks through or alongside existing residential or
residentially zoned areas, and especially considering the width and
slopes of streets in the Township.
H.
The applicant shall prove, to the satisfaction of the Zoning Hearing
Board, that the use would not routinely create noxious odors off of
the tract.
I.
A chain-link or other approved fence with a minimum height of eight
feet shall surround active solid waste disposal areas to prevent the
scattering of litter and to keep out children, unless the applicant
proves, to the satisfaction of the Zoning Hearing Board, that this
is unnecessary. The Board shall require that earth berms, evergreen
screening, and/or shade trees, as needed, shall be used to prevent
landfill operations from being visible from an expressway or arterial
streets or dwellings.
J.
A minimum lot area of 15 acres shall be required for the first 250
tons per day of capacity to treat or dispose of waste, plus one acre
for each additional 100 tons per day of capacity. A solid waste facility
shall have a maximum total capacity of 500 tons per day.
K.
Health hazards. Any facility shall be operated in such a manner to
prevent the attraction, harborage or breeding of insects, rodents
or vectors.
L.
Attendant. An attendant shall be present during all periods of operation
or dumping.
M.
Gates. Secure gates, fences, earth mounds, and/or dense vegetation
shall prevent unauthorized access.
N.
Emergency access. The operator of the use shall cooperate fully with
local emergency services. This should include allowing practice exercises
on the site and the provision of all information needed by the emergency
services to determine potential hazards. Adequate means of emergency
access shall be provided.
Q.
Litter. The operator shall regularly police the area of the facility
and surrounding streets to collect litter that may escape from the
facility or trucks.
R.
Dangerous materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored, processed, disposed or incinerated.
"Infectious materials" are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
S.
The applicant shall provide sufficient information for the Township
to determine that the requirements of this chapter will be met.
T.
State requirements. Nothing in this chapter is intended to supersede
any state requirements. It is the intent of this chapter that when
similar issues are regulated on both the Township and state levels,
the stricter requirement shall apply for each aspect, unless it is
determined that an individual state regulation preempts a Township
regulation in a particular aspect. The applicant shall provide the
Zoning Officer with a copy of all written materials and plans that
are submitted to Pennsylvania DEP at the same time as they are submitted
to the DEP.
U.
For a solid-waste-to-energy facility or solid waste transfer facility,
all loading and unloading of solid waste shall only occur within an
enclosed building and over an impervious surface which drains to a
holding tank that is then adequately treated. All solid waste processing
and storage shall occur within enclosed buildings or enclosed containers.
A.
See also § 295-96D(11), Keeping of pets.
B.
Minimum lot area: two acres for the first horse, donkey, mule or
similar animal, plus one acre for each additional horse or similar
animal.
C.
Any horse barn, manure storage areas, or stable shall be a minimum
of 100 feet from any lot line of an adjacent dwelling.
D.
Manure shall be regularly collected and disposed of in a sanitary
manner that avoids nuisances to neighbors. Manure shall be stored
in a manner that prevents it from being carried off by runoff into
a creek. Manure shall not be stored within 100 feet of a perennial
waterway.
A.
The water surface shall be set back at least 50 feet from any existing
dwelling on another lot.
B.
Minimum lot area: one acre.
C.
Any water surface within 100 feet of an existing dwelling on another lot shall be separated from the dwelling by a buffer yard meeting the requirements of § 295-123.
D.
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height.
E.
Drainage. A proper method shall be provided for drainage of the water
from the pool that will not flood other property.
A.
All target ranges shall have a barrier behind the target area which
is of sufficient height and thickness to adequately protect the public
safety.
B.
The design of the outdoor firearms target range shall be compared
by the applicant with applicable published guidelines of the National
Rifle Association. Where special exception approval is required, the
Zoning Hearing Board may consider such guidelines to be the generally
accepted standard for the safety of these facilities.
C.
An outdoor firearms target range and any firing stations shall be
located a minimum of 250 feet from any residential lot line, unless
all firing would occur within a completely enclosed sound-resistant
building. Clay pigeon shooting shall be directed away from homes,
other occupied buildings and streets.
D.
An outdoor firearms target range shall be properly posted. The Zoning
Hearing Board may require fencing as necessary.
F.
An indoor firearms target range shall be adequately ventilated, soundproofed
and air-conditioned to allow the building to remain completely enclosed.
G.
A target range shall only be used for types of firearms or other
weapons for which it was specifically designed. Automatic weapons
shall not be used.
H.
An outdoor target range shall not be used during nighttime hours.
Maximum hours and days of operation may be established as a condition
of the zoning approval.
I.
Minimum lot area for an outdoor firearms target range: 10 acres,
unless a more restrictive provision is established by another provision
of this chapter.
See § 295-59, Forestry.
A.
Maximum length and width of an attached grouping of townhouses: 160 feet. Maximum number of apartments that shall be within a building: 24, except no maximum shall apply in a building meeting the age-restricted housing limits of § 295-33.
B.
Paved area setback. All off-street parking spaces, except spaces
on driveways immediately in front of a carport or garage entrance,
shall be set back a minimum of 10 feet from any dwelling.
C.
Garages. It is strongly recommended that all townhouses be designed
so that garages and/or carports are not an overly prominent part of
the view from public streets. For this reason, parking courts, common
garage or carport structures or garages at the rear of dwellings are
encouraged, instead of individual garages opening onto the front of
the building, especially for narrow townhouse units.
D.
Mailboxes. Any mailboxes provided within the street right-of-way
should be clustered together in an orderly and attractive arrangement
or structure. Individual freestanding mailboxes of noncoordinated
types at the curbside are specifically discouraged.
E.
Access. Vehicular access points onto all arterial and collector streets
shall be minimized to the lowest reasonable number. No townhouse dwelling
within a tract of five or more dwelling units shall have its own driveway
entering onto an arterial or collector street.
F.
Common open space. A minimum of 20% of the total lot area of the
development involving townhouses and apartments and their accessory
uses shall be set aside as common open space for the residents. The
applicant shall prove that these areas will be suitable for active
or passive recreation.
(1)
If a development includes over 30 dwelling units that will not be
restricted to at least one resident age 55 and older, then the common
open space shall, at a minimum, include a rectangular grass field,
50 feet by 150 feet, that is suitable for free play by young persons.
If all dwellings in a development will be restricted to at least one
resident age 55 and older, then the common open space shall, at a
minimum, include landscaped trails that are ADA-accessible.
(2)
A recreation building or pool available to all residents of the development may count towards the open space requirement. Areas with a width of less than 50 feet shall not count towards this requirement. This requirement shall be in place of any requirement for recreation land or fees under Chapter 253, Subdivision and Land Development.
B.
The applicant shall provide a written description of all conditions
(such as criminal parolees, alcohol addiction) that will cause persons
to occupy the use during the life of the permit. Any future additions
to this list shall require an additional special exception approval.
C.
The applicant shall prove, to the satisfaction of the Zoning Hearing
Board, that the use will involve adequate on-site supervision and
security measures to protect public safety.
D.
After consideration of the applicant's testimony and any applicable
requirements of the Americans With Disabilities Act,[1] the Zoning Hearing Board may place conditions upon the
use to protect public safety, such as conditions on the types of residents
and security measures.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
E.
If the use involves five or more residents, a suitable recreation
area shall be provided that is supervised by the center's staff.
As a condition of special exception use approval, the Zoning
Hearing Board may require additional earth berming, setbacks, landscaping
and lighting controls as it determines to be necessary to provide
compatibility with adjacent dwellings. These measures shall be designed
to minimize glare, noise, soot, dust, air pollutants and other nuisances
upon dwellings.
A.
Any structure in which animals are treated or housed shall be a minimum
of 30 feet from any lot line of an existing principal dwelling. Buildings
shall be adequately soundproofed so that sounds generated within the
buildings cannot routinely be perceived within any adjacent dwellings.
B.
Animals undergoing treatment may be temporarily housed without needing
to meet kennel regulations. However, a commercial kennel shall only
be allowed if a kennel is permitted in that district and if the applicable
requirements are met.
[Added 6-14-2017 by Ord.
No. 2017-7]
Warehouses or storage as a principal conditional use in the
C-G and C-H Districts shall meet the following conditions:
A.
Minimum lot area: 15 acres.
B.
The applicant shall provide a detailed description of the proposed
use in each of the following topics:
(1)
The nature of the on-site activities and operations, the types
of materials stored, the frequency of distribution and restocking,
the duration period of storage of materials, and the methods for disposal
of any surplus or damaged materials. In addition, the applicant shall
furnish evidence that the disposal of materials will be accomplished
in a manner that complies with state and federal regulations.
(2)
The general scale of the operation, in terms of its market area,
specific floor space requirements for each activity, and the total
number of employees on each shift.
(3)
Any environmental impacts that are likely to be generated (e.g.,
odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, stormwater, solid waste, etc.) and specific measures employed
to mitigate or eliminate any negative impacts.
(4)
Site planning. The application shall include proper site layout,
internal circulation, parking, buffering, and all other elements of
proper design as specified in this chapter.
(5)
Neighborhood. The proposed use shall not substantially change
the character of any surrounding residential neighborhood after considering
any proposed conditions upon approval, such as limits upon hours of
operation; safety.
(6)
The proposed use shall not create a significant hazard to the
public health and safety, such as fire, toxic or explosive hazards.
(7)
The proposed use shall be suitable for the site, considering
the disturbance of steep slopes, mature woodland, wetlands, floodplains,
springs and other important natural features.
(8)
Hours of operation.
C.
Provide a traffic study prepared by a professional traffic engineer
to be reviewed by the Township Engineer, if needed, in order to determine
necessary road improvements, such as, but not limited to, traffic
signal, lane widening, creation of turn lanes.
For wind turbines other than those allowed as an accessory use by § 295-96 (including but not limited to two or more wind turbines per lot, or a wind turbine as a principal use):
A.
The wind turbine shall be set back from the nearest occupied principal
building on another lot a distance not less than two times the maximum
height to the top of the turbine, unless a written waiver is provided
by the owner of such building. The turbine height shall be the distance
from the ground level to the highest point of the turbine rotor plane.
The setback shall be measured from the base of the turbine to the
nearest part of the occupied principal building. This provision shall
apply to buildings that existed prior to the application for a zoning
permit.
B.
The audible sound from the wind turbine(s) shall not exceed 50 A-weighted
decibels, as measured at the exterior of a occupied principal building
on another lot, unless a written waiver is provided by the owner of
such building.
C.
The owner of the facility shall completely remove all aboveground
structures within 12 months after the wind turbine(s) is no longer
used to generate electricity.
D.
Wind turbines shall not be climbable for at least the first 12 feet
above the ground level.
E.
All wind turbines shall be set back from the nearest public street
right-of-way a minimum distance equal to the total height to the top
of the turbine hub, as measured from the center of the wind turbine
base.
F.
All wind turbines shall be set back from the lot line a minimum distance
equal to the total height to the top of the turbine hub, as measured
from the center of the wind turbine base, unless a written waiver
is provided by the owner of such lot.
G.
If guy wires are used, and they are not within a fence, they shall
be marked near their base with reflectors, reflective tape or similar
method.
H.
The turbine shall include automatic devices to address high-speed
winds.
I.
Accessory electrical facilities are allowed, such as a transformer.
J.
The site plan shall show proposed driveways, turbines and areas of
woods proposed to be cleared.
A.
General. Accessory buildings, structures or uses that are clearly
customary and incidental to a permitted by right, special exception
or conditional use are permitted by right, except as is provided for
in this chapter. A business shall only be conducted as an accessory
to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this article for a particular
accessory use. Accessory structure setback requirements shall not
apply to permitted surface parking lots, fences or permitted accessory
signs.
C.
Front yard setback. No accessory structure, use or building shall
be permitted in a required front yard in any district, unless specifically
permitted by this chapter.
D.
Special standards. Each accessory use shall comply with all of the
following standards listed for that use:
(1)
(2)
Bus shelter.
(a)
Bus shelters shall only be allowed at a stop of a regularly
scheduled public bus route, in any zoning district.
(b)
If the bus shelter will be located within the right-of-way,
approval shall be obtained from the Board of Commissioners or PennDOT,
as applicable. If the bus shelter will be located outside of the right-of-way,
the owner of the land shall provide written permission.
(c)
A bus shelter shall be constructed primarily using clear, shatter-resistant
materials.
(d)
A written agreement shall establish the party that will be responsible
for maintaining the shelter.
(e)
A bus shelter shall not obstruct a clear sight triangle.
(f)
The Zoning Officer shall require the removal of a bus shelter
within 60 days if the Zoning Officer becomes aware that the shelter
is not being properly maintained or if it is no longer served by a
public bus route.
(g)
A bus shelter may include signs with information about public
transit. In addition, in any district other than the A or R-S District,
a bus shelter may include an off-premises sign with a maximum sign
area of 42 square feet on each of two sides.
(3)
Composting as a principal or accessory use (other than raising of
mushrooms).
(a)
All composting shall be conducted in such a manner that does
not create a fire, rodent or disease-carrying insect hazard and does
not cause noxious odors off of the subject property.
(b)
Composting shall be permitted as an accessory use, provided
that the composting is limited to biodegradable vegetative material,
including trees, shrubs, leaves, bark and vegetable waste. Such composting
shall be kept free of other garbage and animal fats. Grass composting
shall only be allowed if all applicable state requirements are met
and it occurs in a facility owned or operated by the Township or in
an industrial zoning district.
(c)
Minimum lot area for composting of manure that was not generated
on site: 25 acres. Any composting of manure shall comply with the
latest edition of the Pennsylvania Manure Management Manual.
(d)
Setbacks. Composting areas of greater than one acre shall be
set back 75 feet from lot lines of abutting residential lot lines,
except that a two-hundred-foot minimum setback shall apply from all
lot lines for composting of manure that was not generated on site.
(4)
Day care, child (as accessory to a dwelling).
(b)
In any case, seven or more children (other than children who
are related to the primary caregiver) shall only be cared for at one
time within a single-family detached dwelling with a minimum lot area
of 20,000 square feet and a twenty-foot minimum setback from all existing
dwellings on another lot(s). Four to six children (in addition to
children who are related to the primary caregiver) shall only be cared
for at one time within a dwelling that is not attached to another
dwelling. The care of fewer numbers of children may occur within any
lawful dwelling unit.
(c)
The dwelling shall retain a residential appearance, with no
change to the exterior of the dwelling to accommodate the use, other
than cosmetic improvements.
(d)
The use shall be actively operated by a permanent resident of
the dwelling.
(e)
If four or more children are cared for who are not related to
the primary caregiver, then a minimum of 400 square feet of exterior
play area shall be available, surrounded by a six-foot-high secure
fence.
(g)
The use shall comply with any applicable state and federal regulations,
including having an appropriate State Department of Public Welfare
(or its successor agency) registration certificate or license, if
required by such agency.
(h)
The use shall include a four-foot minimum height fence, with
any gate being self-latching and which is designed to limit children
from leaving the premises around any outdoor areas abutting streets
that are routinely used for outdoor play.
(5)
Drive-through facilities.
(a)
The proposed traffic flow and ingress/egress shall not cause
traffic hazards on adjacent streets.
(b)
On-lot traffic circulation and parking areas shall be clearly
marked.
(c)
A drive-through use shall be designed with space for an adequate
number of waiting vehicles while avoiding conflicts with traffic onto,
around and off of the site. Any drive-through facilities shall be
designed to minimize conflicts with pedestrian traffic.
(6)
Farm-related business. This use may be approved on a lawful existing
lot with a minimum lot area of 25 acres that include a principal agricultural
use.
(a)
A "farm-related business" shall be defined as a low-intensity
commercial or industrial activity that functions as a customary accessory
use to an on-site principal agricultural use. Farm-related businesses
are intended to provide supplemental income to farmers to encourage
the continuation of farming and to provide needed services to other
farmers.
(b)
A farm-related business shall be conducted by a resident or
owner of the property, his/her relatives, and a maximum total of four
other employees working on site at one time, in addition to employees
of the agricultural use. In addition, a barn that was constructed
for agricultural purposes prior to the adoption of this section may
be leased to a nonresident for a use meeting these standards.
(c)
To the maximum extent feasible, a farm-related business should
use an existing building. Buildings that existed prior to the effective
date of this section may be used for a farm-related business. Any
new building constructed for a farm-related business and any new parking
area for trucks shall be set back a minimum of 100 feet from any lot
line of an existing dwelling, unless a larger setback is required
by another section of this chapter. The total of all building floor
areas used for a farm-related business shall not exceed 6,000 square
feet. This six-thousand-square-foot limit shall only apply to buildings
constructed after the effective date of this chapter. A farm-related
business may also use buildings of any size that existed prior to
the effective date of this chapter. The total area used by the farm-related
business, including parking, shall not exceed three acres.
(d)
The farm-related business shall not routinely require the overnight
parking of more than two tractor-trailer trucks, other than trucks
serving the agricultural use.
(e)
Any manufacturing operations shall be of a custom nature and
shall be conducted indoors.
(f)
The business shall not generate noxious odors, noise, or glare
beyond amounts that are typically generated by agricultural operations.
Nonagricultural operations shall not routinely occur in a manner that
generates traffic or noise heard by neighbors between the hours of
9:00 p.m. and 7:00 a.m.
(g)
Any retail sales shall only be occasional in nature and shall
occur by appointment or during a maximum of 40 hours per week (except
customary retail sales as part of a barbershop/beauty shop). This
provision shall not restrict permitted sale of agricultural products.
(h)
Only one sign shall advertise a farm-related business, which
shall have a maximum sign area of 10 square feet on each of two sides,
and which shall not be internally illuminated, and which shall have
a maximum height of six feet.
(i)
Permitted activities.
[1]
The following activities, and activities that the applicant
proves to the Zoning Hearing Board are closely similar, shall be permitted
as farm-related businesses:
[a]
Farm equipment or farm vehicle repair;
[b]
Occasional repair of one motor vehicle at a time,
beyond those vehicles owned or leased by a resident of the property
or his/her relative, but not including a junkyard, auto body shop
or spray painting;
[c]
Welding and custom machining of parts;
[d]
Sale, processing, or mixing of seeds, feed, chemical
fertilizers, or wood/leaves/bark compost;
[e]
Construction tradesperson's headquarters;
[f]
Music, hobby, trade or art instruction for up to
10 persons at a time;
[g]
Small engine repair;
[h]
Custom woodworking or wood refinishing;
[i]
Custom blacksmithing or sharpening services;
[j]
Rental storage of household items, vehicles, boats
and building materials;
[k]
Boarding of animals, not including a kennel or
a stable (which are separate uses);
[l]
Custom butchering, not including a commercial slaughterhouse
or stockyard;
[m]
Processing and storage of agricultural products;
[n]
Sawmill; or
[o]
Commercial farm tourism and special events, such
as farm tours and Halloween activities.
[2]
See also "stable, nonhousehold" and "retail sales of agricultural
products," which are treated as separate uses.
(j)
This subsection shall not regulate agricultural uses that are
permitted under other provisions of this chapter.
(k)
If an activity would be permitted as either a farm-related business
or a home occupation, then the applicant may choose which set of provisions
shall apply.
(l)
One off-street parking space shall be provided per nonresident
employee, plus parking for any dwelling. In addition, the applicant
shall prove to the Zoning Officer that sufficient parking will be
available for customers, which is not required to be paved.
(m)
All existing and new buildings shall maintain a residential
or agricultural appearance, as viewed from a public street.
(n)
The use shall not involve the storage or use of highly hazardous,
toxic, radioactive, flammable or explosive substances, other than
types typically used in agriculture or a household.
(o)
Landscaping shall be placed between any outdoor storage of nonagricultural
materials or products and any adjacent dwelling from which storage
would be visible.
(p)
The lot shall have provisions for trucks to turn around on the
site without backing onto a public street. When special exception
approval is required, the Zoning Hearing Board shall consider the
suitability of the adjacent roads for the amount and weights of truck
traffic that will be generated.
(7)
Fences and walls.
(a)
Fences and walls are permitted by right in all districts. Any
fence or wall shall be durably constructed and well-maintained. Fences
that have deteriorated shall be replaced or removed. A fence shall
not be required to comply with minimum setbacks for accessory structures.
(c)
Fences.
[1]
Front yard. Any fence located in the required minimum front
yard of a lot in a residential district shall not exceed four feet
in height. A taller height may be approved by the Zoning Officer if
necessary to contain animals or to address a specific hazard, such
as an electric transformer.
[2]
On a corner lot, a fence or wall shall meet the same requirements
along both streets as would apply within a minimum front yard. However,
a fence that only extends behind the rear of a dwelling may have a
maximum height of 6.5 feet along one of the streets, other than the
street that is along the front of the dwelling.
[3]
Height.
[a]
A fence located in a residential district in a
location other than a required front yard shall have a maximum height
of 6.5 feet, except a maximum height of 10 feet shall be allowed around
a tennis court (provided it is outside of the minimum front yard),
and a taller height may be allowed where the applicant proves to the
Zoning Officer that such taller height is necessary to protect public
safety around a specific hazard.
[b]
A fence in the minimum front yard that is not within
a residential district shall have a maximum height of four feet.
[4]
Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed without a setback from a lot line, except that a fence shall be located on the inside of any buffer plantings required by § 295-123, and except that a five-foot minimum setback shall apply for a fence of a principal business that is more than six feet in height and that is adjacent to a principal dwelling. Where no setback is required, a one-foot or greater setback is recommended to provide for future maintenance of the fence and to account for possible inaccurate lot lines.
[5]
Fence materials. Barbed wire shall not be used as part of fences
around dwellings in residential districts. Electrically charged fences
shall only be used to contain farm animals and shall be of such low
intensity that they will not permanently injure humans. No fence or
wall shall be constructed out of fabric, junk, junk vehicles, appliances,
drums, or barrels.
(d)
Walls.
[1]
Engineered retaining walls necessary to hold back slopes are
exempted from setback regulations and the regulations of this section
and are permitted by right as needed in all districts. However, if
a retaining wall is over eight feet in height, it shall be set back
a minimum of 15 feet from a lot line of an existing dwelling.
[2]
No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 295-112.
[3]
A wall in a residential district outside of a required front
yard shall have a maximum height of three feet if it is within the
minimum accessory structure setback.
[4]
Walls that are attached to a building shall be regulated as
a part of that building.
(8)
Garage sale (includes yard sale, moving sale and porch sale).
(a)
See definition in Article II. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.
(b)
Each dwelling may have garage sales on a maximum of six total
days per calendar year, with no sale lasting more than two days.
(c)
The use shall be clearly accessory to the principal use.
(d)
No outdoor storage shall be permitted when the sale is not in
operation.
(e)
All items shall be placed and offered for sale within the confines
of the property.
(f)
No toxic or alcoholic beverages shall be offered for sale at
a garage sale.
(g)
Garage sale signs shall have a maximum sign area of two square
feet, shall not be placed more than two days before the sale, and
shall be removed within 24 hours after the conclusion of the garage
sale. The Township may require the payment of a deposit or escrow
to ensure the removal of garage sale signs within 24 hours after the
garage sale is completed.
(9)
Home occupations.
(a)
All home occupations shall meet the following requirements:
[1]
The use shall be conducted primarily by a permanent resident
of the dwelling and involve a maximum of one person working on site
at any one time who does not reside within the dwelling. A maximum
of one nonresident employee shall visit the property on a daily basis
or operate a vehicle based at the property.
[2]
The use shall be conducted indoors. No outdoor storage or display
related to the home occupation shall be permitted. No changes shall
occur to the exterior of a building that would reduce its residential
appearance as viewed from a street.
[3]
The use shall occupy an area that is not greater than 25% of
the total floor area of the principal dwelling unit. The use shall
clearly be secondary to the residential use.
[4]
One off-street parking space shall be required per nonresident
employee. In addition, for a major home occupation, the Zoning Hearing
Board shall require additional off-street parking if the Board determines
it is necessary for customer parking.
[5]
The use shall not require delivery by tractor-trailer trucks.
[6]
The regulations of § 295-96D(13)(d) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
[7]
No equipment or machinery shall be permitted that produces noise,
noxious odor, vibration, glare, or electrical or electronic interference
detectable on another property. The use shall not involve the storage
or use of hazardous, flammable, or explosive substances, other than
types and amounts typically found on a residential property. The use
shall not involve the storage or use of toxic or highly hazardous
substances.
[8]
A home occupation shall not be conducted in a manner that is
perceptible to other residents between the hours of 9:00 p.m. and
7:30 a.m.
[9]
Any tutoring or instruction shall be limited to a maximum of
three students at a time.
[10]
A barbershop or beauty shop shall not include
any nonresident employees.
[11]
The main office of a medical doctor, chiropractor
or dentist shall not be permitted as a home occupation.
[12]
A home occupation may include a single one-square-foot nonilluminated sign, as permitted by Article VII. The sign shall have a maximum height above the ground of six feet and may be attached to a building or a pole. The sign shall not be allowed within the street right-of-way.
[13]
The Zoning Hearing Board shall deny a major home
occupation application, or limit its intensity through conditions,
if the Board determines the use would be too intense for the proposed
location. In making such determination, the Board shall review the
likely amounts of traffic, the types of deliveries needed, the types
of operations involved and related nuisances, the amount of off-street
and on-street parking that is available, the density of the neighborhood,
whether the use would be adjacent to another dwelling, and setbacks
from other dwellings.
[14]
The use shall not involve manufacturing, other
than of custom crafts and sewing. The use shall not involve commercial
repair of motor vehicles.
[15]
The use may include sales using telephone, mail
order, or electronic methods. On-site retail sales shall be prohibited,
except for sales of hair care products as accessory to a barbershop/beauty
shop.
[16]
If more than one home occupation is accessory
to a dwelling, the total aggregate impact of the home occupations
shall be considered in determining compliance with this chapter.
[17]
A zoning permit shall be required for a major
home occupation, after obtaining special exception approval.
(b)
In addition to the requirements listed in Subsection D(9)(a) above, the following additional requirements shall apply to a minor home occupation:
[1]
The use shall not routinely involve routine visits to the home
occupation by customers or more than one nonresident employee at a
time.
[2]
The use shall only involve the following activities:
[a]
Work routinely conducted within an office;
[b]
Custom sewing and fabric and basket crafts;
[c]
Cooking and baking for off-site sales and use;
[d]
Creation of visual arts (such as painting or wood
carving);
[e]
Repairs to and assembly of computers and computer
peripherals; and
[f]
A construction tradesperson, provided that no nonresident
employees routinely operate from the lot.
(10)
Outdoor storage and display, commercial or industrial, as a
principal or accessory use.
(a)
Location. Outdoor storage or display shall not occupy any part
of any of the following: the existing or future street right-of-way,
sidewalk, or other area intended or designed for pedestrian use or
required parking area.
(b)
No such storage or display shall occur on areas with a slope
in excess of 25% or within the one-hundred-year floodplain.
(d)
Tire storage.
[1]
For tires not mounted on a motor vehicle, any outdoor storage
of more than five tires on a lot in a residential district or more
than 50 used tires in a nonresidential district shall only be permitted
as part of a Township-approved junkyard or as accessory to an allowed
retail tire business.
[2]
Where allowed, any storage of used tires shall involve stacks
with a maximum height of 15 feet and that cover a maximum of 400 square
feet. Each stack shall be separated from other stacks from all lot
lines by a minimum of 75 feet. If the same set of tires is stored
on a lot for more than six months, they shall be stored within a building
or trailer.
[3]
The operator of a lot involving tire storage shall prove that
the tires are stored in a manner that minimizes public health hazards
from the breeding of vectors in accumulated water and/or that the
site is regularly sprayed to minimize vectors.
(11)
Keeping of pets.
(a)
This is a permitted by right accessory use in all districts.
(c)
Horses: minimum lot area: two acres for the first horse or similar
animal, plus one acre for each horse or similar animal in excess of
one. Any horse barn, manure storage areas or stable shall be a minimum
of 75 feet from any residential lot line.
(d)
Only those pets that are domesticated and are compatible with
a residential character shall be permitted as "keeping of pets."
(e)
The keeping of cows, sheep, goats, and hogs shall require a
minimum lot area of five acres.
(12)
Recreational vehicle parking. See under Subsection D(13), Residential accessory structure or use, in this section.
(13)
Residential accessory structure or use. (See definition in Article II.)
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 295-29A, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot. See the accessory setback regulations in § 295-29.
(d)
Parking of commercial trucks.
[1]
The overnight outdoor parking of commercial trucks or the trailer
from a tractor-trailer combination on a principal residential lot
in a residential district is prohibited, except that one of the following
shall be permitted if such vehicle(s) is used by residents of the
dwelling to travel to and from work or as an on-the-road driver:
[a]
The parking of a maximum of one vehicle of up to 12,000 pounds
gross vehicle weight rating; or
[b]
The parking of one vehicle with a gross vehicle weight rating of over 12,000 pounds gross vehicle weight, provided such vehicle is kept a minimum of 100 feet from any dwelling on another lot, and provided a row of evergreen trees meeting § 295-123 is planted to buffer views of the vehicle from the street and dwellings on other lots.
[2]
Construction equipment that is not primarily intended for on-road
use shall not be stored overnight in a residential district. A vehicle
shall not block a shared driveway or street.
(e)
Repairs. Repairs of a truck with a gross vehicle weight rating
of over 12,000 pounds shall not occur on a residential lot. Repairs
of motor vehicles that are not owned or leased by a resident of the
lot or his/her relative shall not occur on a residential lot.
(g)
Unlicensed and inoperable vehicles. See the provisions of Chapter 279, Vehicles, Storage of. See also the definition of "junkyard."
(h)
Recreational vehicles or boats. A recreational vehicle or boat
with a length of 24 feet or greater shall not be parked within the
minimum front yard of a dwelling during more than two days in any
seven-day period.
(i)
Wood-burning furnaces and boilers and similar fuel-burning appliances
that are used to heat a principal building and are not located within
that building shall be set back a minimum of 100 feet from a dwelling
on another lot.
(14)
Retail sales of agricultural products as an accessory use.
(a)
The use shall be an accessory use incidental to a crop farming,
greenhouse, plant nursery, orchard, winery or raising of livestock
use.
(b)
The only retail sales shall be of agricultural products and
horticultural products, in addition to any handmade crafts produced
by the operator of the market and/or his/her family. An average of
not less than 25% of the products sold on site shall have been produced
by the operator or his/her family. This percentage may vary month
to month, provided that the average is met.
(c)
Off-street parking shall be provided in compliance with the provisions of Article VI. No parking shall be permitted in such a way that it creates a safety hazard.
(d)
Any structures erected for this use that are not clearly permanent
in nature shall be disassembled during seasons when products are not
offered for sale.
(f)
No stand shall be located closer than 50 feet to a lot line
of an existing dwelling, 25 feet from any other lot line or 100 feet
from the closest intersecting point of street rights-of-way at a street
intersection, unless the sales occur within a dwelling or barn that
existed prior to the adoption of this chapter.
(g)
A maximum total of 5,000 square feet of building floor area
shall be used for such use.
(h)
The use may occur within an existing dwelling, a barn or a separate
stand. Any stand shall be maintained in good condition.
(i)
The retail sales shall be located on land owned by the operator
of the market or upon a tract of five acres or more which the operator
of the market actively farms.
(j)
The applicant shall prove to the Zoning Officer that the driveway
has adequate sight distance, based upon the PennDOT standards that
would apply to a normal commercial establishment along a state road,
regardless of whether a PennDOT permit would be needed.
(15)
Sewage sludge/biosolids, land application of.
(a)
The applicant shall provide written evidence to the Township
that sufficient safeguards will be in place to protect the public
health and safety and the water quality of groundwater and surface
waters. This should include, but not be limited to, provisions for
regular testing of the material that is spread and for ongoing water
quality monitoring.
(b)
A copy of all test results of the material that is spread and
any test results of water quality shall be provided to the Zoning
Officer within seven days after they are received by the operator
of the use or the landowner.
(16)
Stable, household. See § 295-96D(11), Keeping of pets.
(17)
(18)
Unit for care of relative.
(b)
The accessory unit shall be occupied by a maximum of two persons,
who shall be relatives of the permanent residents of the principal
dwelling unit. At least one resident of the accessory unit shall need
such accommodations because of an illness, old age or disability.
(c)
The applicant shall prove to the Zoning Officer that the accessory
unit has been designed and constructed so that it can be easily reconverted
into part of the principal dwelling unit or is a modular cottage that
will be completely removed from the lot after the relative no longer
resides within the unit. Such accessory unit may be converted into
an additional bedroom(s), permitted home occupation area or similar
use. A lawful detached garage may be converted into a unit for care
of relative, and then be reconverted to a garage or permitted home
occupation area.
(d)
The applicant shall establish a legally binding mechanism in
a form acceptable to the Township that will prohibit the use of the
accessory unit as a separate dwelling unit after the relative no longer
resides within the unit. Such mechanism shall also be binding upon
future owners.
(e)
The owner of the property shall be required to annually renew
the permit for the use. Such renewal shall be conditioned upon the
owner proving that a relative of the occupants of the principal dwelling
unit continues to reside within the accessory unit.
(f)
Such accessory unit shall not decrease the one-family residential
appearance of a one-family dwelling, as viewed from exterior property
lines. The accessory unit shall be attached to the principal dwelling
unit, except a detached dwelling may be specifically approved by the
Zoning Hearing Board as a special exception. If a detached modular
dwelling is placed on the property, it shall be completely removed
within 90 days after the relative no longer lives within it. A detached
dwelling shall only be placed on the lot if it will meet principal
building setbacks and has a maximum building floor area of 900 square
feet.
(g)
Additional parking for the accessory unit is not required if
the applicant proves that the resident(s) of the accessory unit will
not routinely operate a vehicle.
(h)
Any on-lot septic system shall be recertified if the sewage
flows will increase.
(19)
Wind turbines, one per lot, as accessory use.
(a)
All wind turbines shall be set back from the lot line a minimum
distance equal to the total maximum height from the ground level to
the top of the extended blade, unless a written waiver is provided
by the owner of such adjacent lot. All wind turbine setbacks shall
be measured from the center of the base of the turbine.
(b)
The audible sound from the wind turbine shall not exceed 45
A-weighted decibels, as measured at the exterior of an occupied dwelling
that existed at the time of the zoning application on another lot,
unless a written waiver is provided by the owner of such building.
(c)
The owner of the facility shall completely remove all aboveground
wind energy structures within 12 months after the windmill is no longer
used to generate electricity.
(d)
A wind turbine shall not be climbable for at least the first
12 feet above the ground level, unless it is surrounded by a fence
with a minimum height of six feet.
(e)
All wind turbines shall be set back from the nearest public
street right-of-way a minimum distance equal to the total maximum
height to the top of the extended blade.
(f)
If guy wires are used, and they are not within a fence, they
shall be marked near their base with reflectors, reflective tape or
flags, or similar method.
(g)
The turbine shall include automatic devices to address high-speed
winds, such as mechanical brakes and overspeed controls.
(h)
In a residential or RA District, the maximum total height above
the ground level to the tip of the extended blade shall be 100 feet.
In other districts, such maximum height shall be 150 feet.
(i)
New electrical wiring to the wind turbine shall be placed underground,
to the maximum extent feasible.
(j)
Contiguous property owners may construct a wind turbine for
use in common, provided that the required setbacks are maintained
from the lot lines of nonparticipating landowners.
(k)
If a wind turbine is roof-mounted to a dwelling, the Township
may require submission of information to show that there will be adequate
structural support during high winds.
(l)
An electrical permit shall be required prior to installation
of a wind turbine.
