Unless otherwise noted, the regulations contained in this article
shall be applicable in all zoning districts.
A.
Visibility at intersections.
(1)
On a corner lot, nothing shall be erected, placed, planted, or allowed
to grow in such a manner as to impede vision between a height of 2.5
feet and 10 feet above the centerline grade of the intersecting streets
within the area bound by the street centerlines of such intersecting
streets and a line joining the street centerlines at a distance of
75 feet along each centerline from their point of intersection. Where
a major street is one of the intersecting streets, the line joining
the street centerlines (to make the third side of the clear sight
triangle) shall be at a distance of 150 feet along each centerline
from their point of intersection.
(2)
Locations of street signs, utility poles, and traffic signs are exempted
from this restriction, subject to Township approval.
B.
Fences, walls, and hedges.
(1)
No fence, wall, or hedge shall be permitted within the right-of-way
of any public street.
(2)
No fence, wall, or hedge shall be permitted within the clear sight triangle required by Subsection A, above.
(3)
Fences, walls, and hedges shall not obstruct the view of or the view
from a public or private driveway. Compliance with any one of the
following points shall be deemed sufficient for the requirement of
this subsection.
(a)
The portion of such fence, wall, hedge between the street right-of-way
and a line upon the property 10 feet from and parallel to such right-of-way
line shall not be higher than 36 inches above the surface of the driveway,
except as may be permitted below.
(b)
Between the street right-of-way line and a line upon the property
10 feet from and parallel to such right-of-way line, a fence may be
permitted at the discretion of the Zoning Officer if, in his opinion,
the design of the fence is sufficiently open to present no significant
obstruction to visibility. Such fences may include cyclone-type wire-mesh
fences and decorative post-and-rail fences.
(4)
Fences and walls shall not exceed a height of eight feet, unless they are located as described in § 220-55B(3), where the more restrictive height shall govern.
C.
Erection of more than one principal structure on a lot. More than
one principal structure may be placed on a single lot, provided that
such structure(s) are sited such that it is possible to separate all
principal structures onto individual lots meeting the minimum lot
requirements (including all required minimum yard areas) in effect
for the applicable zoning district at the time building permit(s)
are issued for said additional structure(s).
D.
Buildings to have access. Every principal structure hereafter erected
or moved shall be on a lot adjacent to a public street or approved
private street. Every building shall be located on its lot so as to
provide safe access for servicing and maintenance, for fire protection
or other emergency vehicles, and to provide off-street parking areas.
E.
Lots in more than one zoning district. Where a zoning district boundary
line divides a lot, the less restrictive regulations may be applied
within the more restrictive district for a distance of not more than
30 feet from the district boundary line.
A.
Application of regulations to corner lots. All yards abutting a street
line are hereby deemed front yards for purposes of applying minimum
yard requirements for all districts. Corner lots shall have two front
yards, one side yard, and one rear yard.
B.
Lot area and lot width for lots not served by public water supply or sanitary sewerage. Where a lot is not served by public water supply or where a lot is not served by sanitary sewerage, Chapter 190, Subdivision and Land Development, other local ordinances or state statutes may require or imply a larger lot area and/or a greater lot width in order to assure safe separation distances between on-site sewage disposal systems and drinking water supply. Where such is the case, such larger area and/or greater width shall apply in lieu of the otherwise applicable district regulations.
A.
Exceptions to front yard requirements.
(1)
When an unimproved lot is situated between two improved lots with
front yard dimensions less than that required for the applicable zoning
district, the front yard required for said unimproved lot may be reduced
by up to 50% or to a depth equal to the mean front yard depth of the
abutting improved lots, whichever yard depth is greater.
(2)
In no case shall a front yard be reduced to less than 50% of the
required front yard for the applicable zoning district.
(3)
For the purposes of this subsection, an unimproved lot shall be the
same as a vacant lot, and an improved lot shall be a lot whereupon
a principal structure has been erected.
(4)
This exception shall apply only where the improved lots were so improved
upon the effective date of this chapter.
B.
Exceptions to height regulations.
(1)
Unless otherwise specified in Article XIV, Supplemental Regulations, no building in the Township, other than a farm building, shall exceed the maximum building height set forth in the applicable district regulations of this chapter.
(2)
Except as otherwise provided, the height limitations contained in
the district regulations of this chapter shall not apply to spires,
belfries, cupolas, farm buildings, silos, antennas, municipally owned
water tanks, ventilators, chimneys, or other portions of the structure
typically located above roof level and not intended for human occupancy.
This exception does not apply to power-generation facilities or electrical
substations.
(a)
The height limitation of the structures which are specified under § 220-57B(2) of this article may be increased from the maximum height requirement by one foot for each foot by which the width of each affected front yard, side yard and rear yard is increased beyond the minimum front, side and rear yard requirements up to a maximum of 50 feet. In no case shall the height of the structure, or the building in combination with a structure, be greater than the distance to the closest lot line.
(4)
Accessory buildings or structures customary to agricultural and horticultural
uses (such as silos, corn cribs, etc.) shall be exempt from the building
height specified in this article. The height of the accessory building
or structure above its base shall be less than the shortest distance
from such base to any lot line.
C.
Projections into yards. The following projections shall be permitted
into required yards and shall not be considered in the determination
of yard size:
(1)
Terraces, patios, open porches, or decks provided that such terraces,
patios, open porches, or decks are not enclosed, are not closer than
10 feet to any lot line (except a lot line which is the projection
of a common wall), and do not project into any required front yard.
This provision does not apply to the R-2A Zoning District.
(2)
Open balconies or fire escapes and projecting architectural features,
such as bay windows, cornices, eaves, roof overhangs, chimneys, and
window sills, provided that all such features shall project no more
than five feet into any required yard and shall not be located closer
than six feet to any lot line (except lot lines which are the projection
of common walls).
(3)
Uncovered stairs and landings, provided such stairs or landings do
not exceed three feet six inches in height, do not project more than
five feet into any required yard, and are not located closer than
six feet to any lot line (except lot lines which are the projection
of common walls).
(4)
Handicapped access ramps, provided such ramps are not located closer
than six feet to any lot line (except lot lines which are the projection
of common walls.
Nothing in this section shall be interpreted to limit other
uses not specifically addressed below, provided that such uses are
clearly accessory to the principal permitted use of the land and do
not create a threat to the public health, safety, or welfare.
A.
General.
(1)
No accessory structures shall be erected in any required front yard.
No detached accessory structure shall be erected within five feet
of the principal structure.
(2)
Except as otherwise noted elsewhere in this article, no accessory
building or structure shall exceed 25 feet in height. The height of
the accessory building or structure above its base shall be less than
the shortest distance from such base to any lot line except in the
R-2A, R-3 and R-4 Zoning Districts, where accessory structures which
encroach into the side or rear yards shall be limited to a maximum
height of 10 feet.
(3)
Accessory buildings or structures customary to agriculture and horticultural
uses shall be exempt from the building height and open area requirements
specified in this section except that the height of the accessory
building above its base shall be less than the shortest distance from
such base to any lot line.
(4)
No permanent accessory building or structure shall be constructed
on any lot that does not have a principal use to which it is accessory.
(5)
No accessory buildings or structures shall be erected within any
legal right-of-way or easement.
B.
Residential provisions.
(1)
Except for approved home business, home occupations or no-impact
home-based business, nonresidential uses shall not be permitted as
accessory uses in residential districts.
(2)
Swimming pools.
(a)
Swimming pools shall be defined as a contained body of water,
18 inches or more in depth, utilized for the purpose of swimming,
wading, immersion, bathing or therapeutic purposes. Such swimming
pools may be entirely or partially aboveground. Swimming pools shall
be classified as a residential accessory use.
(b)
Private, noncommercial, permanently installed swimming pools
designed to contain water to a depth of 18 inches or more shall not
be located within a front yard.
(c)
Aboveground pools with a minimum height of 48 inches around
their entire perimeter need not be enclosed with a fence or wall,
but the ladders serving the pool shall be locked in an inaccessible
position at least four feet above the ground or removed and locked
up elsewhere.
(d)
In-ground swimming pools, including decks and patio areas within
the required fencing, shall be sited in compliance with all minimum
yard requirements.
(e)
Swimming pools less than 48 inches above ground level shall
be completely enclosed with a permanent barrier or fence having a
minimum height of 48 inches. If the enclosure is a fence, the vertical
and horizontal interfaces shall be no more than two inches apart.
All gates shall be equipped with locks.
(f)
Aboveground swimming pools, including any attached deck area,
shall be set back from all property lines by a distance equivalent
to the minimum side yard requirement for the zoning district wherein
the subject property is located.
(g)
The pool, filter pumps and other mechanical or structural equipment
shall not be permitted within the front yard, the side yard setbacks
and/or within 10 feet of the rear lot line. The pool shall not occupy
more than 50% of the prescribed yard area in which it is located.
(h)
Any floodlighting or other illumination used in conjunction
with the pool shall be shielded and directed away from adjacent property
owners.
(3)
Unless otherwise specified within this article, detached garages,
greenhouses, and other outbuildings are permitted as accessory uses,
provided they are located within the building setback lines. All such
uses shall be erected, enlarged and/or demolished in accordance with
all applicable Township building codes.
(4)
Private noncommercial tennis courts shall not be located within the
front yard, nor closer than 15 feet to side or rear property lines.
A tennis court shall not be located over a drainage field of a sewage
disposal system.
C.
Commercial and industrial zoning district provisions.
(1)
Storage facilities are permitted, provided that such facilities are
located in areas which have direct access to a street or driveway.
The outdoor storage of materials shall be screened from the view of
adjacent properties.
(2)
Living quarters are permitted only for proprietors, watchmen, caretakers
or similar employees.
(3)
Restaurants, cafeterias and/or recreational facilities are permitted,
provided they are intended for the use of employees only, unless they
are permitted as principal uses in the zoning district in which they
are constructed.
D.
Wind energy conversion systems (WECS).
(1)
Such use shall be accessory to a principal use permitted in the zoning
districts and located on the same lot occupied by the principal use
to which it relates and supplies power. The resultant energy harnessed
from the wind energy system shall primarily be used on the property
on which the system is located. The WECS shall not be used for the
purpose of generation of power for sale to the grid, although this
provision shall not be interpreted to prohibit the sale of excess
power generated from time to time from a WECS designed to meet the
energy needs of the principal use.
(2)
Any lot upon which a WECS is to be installed must have an area of
at least one acre. No more than one wind energy system shall be located
on any one residential lot. Additionally, each WECS installed on a
property must meet all the dimensional criteria (setbacks) of the
specific zoning district and of this subsection.
(3)
The wind energy conversion system and any buildings necessary for
storage cells or related mechanical equipment shall not be located
within any required front, side or rear yard setbacks.
(4)
The wind energy system height shall be limited to a maximum of 180
feet (including the length of a fully extended rotor blade in its
vertical position). If a device is attached to an existing structure,
then the maximum height of the attached wind energy device shall not
exceed 180 feet including the height of the existing structure.
(5)
The wind energy system shall be set back from all property lines,
aboveground utility lines, radio, television and cellular towers,
and other wind energy conversion systems a distance of 110% of the
height of the wind energy system (including the length of a fully
extended rotor blade in its vertical position) or the minimum yard
requirement, whichever is greater. All wind energy conversion systems
shall also be set back a minimum distance of 100 feet from any front
property line or to the rear of a house, whichever is the greater
distance.
(6)
The minimum distance between the undisturbed ground at the base of
the device and any protruding blade shall be 15 feet, as measured
at the lowest point of arc of the blades.
(7)
All ground-mounted electrical and control equipment shall be labeled
and secured to prevent unauthorized access. The tower shall not provide
steps or a ladder readily accessible for a minimum of 12 feet above
the ground surface.
(8)
No artificial lighting (unless required by the Federal Aviation Administration),
television, radio or communication antennas, signs or any forms of
advertising shall be utilized or attached to the wind energy conversion
system.
(9)
Wind energy conversion systems shall not cause interference with
radio or television broadcasting or reception.
(10)
Design and location of a wind energy system shall consider,
to the greatest extent possible, the aesthetics of the surrounding
environment. The tower shall be of a monopole design (lattice and
guyed monopole towers not permitted), and the entire system (hub and
rotors) shall be a nonobtrusive color which blend to the surroundings.
(11)
All utility lines, including electrical wires other than wires
necessary to connect the wind generator to the tower wiring, the tower
wiring to the disconnect box, and the grounding wires, must be installed
underground in accordance with the prevailing standards of the servicing
utility company.
(12)
An automatic braking, governing or feathering system shall be
required to prevent uncontrolled rotation at wind speeds greater than
40 miles per hour.
(13)
Audible sound from wind energy conversion systems shall be in compliance with the requirements of Chapter 133, Noise, of the Township Code. All decibel readings shall be measured at the closest property line to the WECS.
(14)
Building permit applications for a WECS shall be accompanied
by:
(a)
A plot plan drawn in sufficient detail to clearly describe the
following:
[1]
Property lines and physical dimensions of the site.
[2]
Locations, dimensions and types of existing structures and uses
on the site.
[3]
Locations and elevation of the proposed WECS including setbacks
from the property lines.
[4]
Location of all existing aboveground utility lines on site.
[5]
Location of any and all roads or other service structures proposed
for the installation.
(b)
The make, model, picture and manufacturer's specifications
including noise decibels.
(c)
Standard drawings of the structural components of the WECS,
including support structures, tower, base, and footings and a line
drawing identifying the electrical components of the wind system.
Drawings and any necessary calculations shall be certified, in writing
by a professional engineer that the system complies with the Uniform
Construction Code and the National Electrical Code.
(d)
Evidence in writing that the utility company has been notified
if the WECS will be interconnected to a utility grid.
(15)
Any wind energy system that is defective and is deemed to be
unsafe by the Township Building Code Official shall be required to
be repaired by the owner to meet federal, state, and local safety
standards, or be removed by the property owner within six months of
written notification from the Township. If the owner fails to remove
or repair the defective wind energy conversion system, the Township
may pursue a legal action to have the system removed at the owner's
expense.
(16)
The landowner shall, at his expense, complete decommissioning
of the wind energy conversion system within six months after the end
of the useful life of the system. It shall be presumed that the wind
energy system is at the end of its useful life if no electricity is
generated for a continuous period of 12 months.
(17)
Nonelectrical windmills used for pumping water shall be exempted
from the provisions of this section but must be sited so that any
tip over will be harmless to others.
E.
Solar energy conversion systems (SECS). Solar energy conversion systems
are permitted as an accessory use to a permitted principal use in
all zoning districts subject to the following requirements:
(1)
General standards.
(a)
The use of solar energy conversion systems, includes solar collectors,
storage facilities, and distribution components, for space heating
and cooling, and hot water heating.
(b)
Solar energy collectors and equipment used for the mounting
or operation of such collectors are not exempt from the height limitations
specified for the zoning district.
(c)
Apparatus necessary for the operation of solar energy conversion
systems, such as overhangs, movable insulating walls and roofs, and
reflectors may project up to six feet into required yard setbacks
provided that they are not located within six feet of any property
line.
(d)
Detached solar collectors used solely for such purposes shall
be considered a permissible accessory structure in all zoning districts.
Ground-mounted solar systems shall not exceed a height of 14 feet
above the ground.
(2)
Solar access.
(a)
All solar energy conversion systems and/or structures shall
be oriented to the fullest extent possible to maximize the use of
passive and/or active solar applications as would be appropriate for
the site, as well as to provide for the area for solar access needed
to efficiently operate the solar equipment to fall within the property
upon which it is located.
(b)
Should a property owner desire to locate solar collectors in
a location for which the protection of solar access would impact an
adjoining property, they shall be required to secure a written "solar
sky space easement" for the protection of solar access from the adjoining
property owner. Such easement may be in the form of an easement, covenant
or other property interest in any deed or other property instrument
executed by or with the landowners permission, on behalf of any landowner,
that protects the solar sky space of the proposed solar energy collector
at the described location by forbidding an activity, including placement
of objects, live or otherwise, that would interfere with solar access.
The solar sky space must be described either as the three dimensional
space in which obstruction is prohibited or limited, or as the times
of day in which direct sunlight into the solar collector may not be
obstructed, or as a combination of both.
(3)
Permit.
(a)
A zoning permit is required before any installation of a solar
energy conversion system. As part of the zoning permit application,
the applicant shall provide a plot plan and information that clearly
describes the following:
[1]
Property lines and physical dimensions of the site.
[2]
Locations, dimensions and types of existing structures and uses
on the site.
[3]
Location of the proposed solar energy conversion system including
setbacks from the property lines.
[4]
Analysis of required solar access area described in three-dimension
form.
[5]
If the required solar access would be such that it would impact an adjoining property, a solar sky access easement described in Subsection E(2)(b) above would be required.
[6]
Conformance with the Pennsylvania Uniform Construction Code
and industry standards, as applicable.
A.
Floodplain areas. All construction or development in all zoning districts and all other development activity shall be conducted in accordance with Chapter 117 of the Township Code, and as may be further amended or superseded by subsequent ordinances or regulations of the Township, state or federal government.
B.
Wetland areas.
(1)
Wetlands are defined by the United States Army Corps of Engineers
and the United States Environmental Protection Agency as those lands
that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs and similar areas. The three major characteristics of wetlands
include vegetation, soil and hydrology.
(2)
All land designated as wetlands within Maidencreek Township are regulated
by state and federal agencies in addition to the regulations contained
herein.
(3)
For all subdivision and land development applications, the Township
Engineer shall determine whether a wetlands delineation will be required
by a qualified professional. Delineated wetlands shall be accompanied
by a technical report and data forms. In lieu of an actual delineation
being required by the Township, any hydric soils located on a property,
as indicated by the USDA, Berks County Soil Survey, shall be subject
to a fifty-foot buffer zone. Within this fifty-foot buffer zone, no
earth disturbance and/or land development activity will be permitted.
(4)
Upon receipt of a jurisdictional determination from the United States
Army Corps of Engineers, the previously referenced fifty-foot buffer
from either hydric soils or delineated wetlands (whichever is greater)
is no longer applicable.
(5)
Any proposed land use which may directly (by means of effluent discharge
into the ground) or indirectly (through the leaching of stored materials)
result in the pollution of the groundwater shall be prohibited from
developing in any wetland, wetland margin, or area of hydric soil.
A.
Portions of Maidencreek Township are characterized by hilly terrain
which is occasionally quite steep. Development on steep terrain enhances
the potential for adverse impacts resulting from erosion and stormwater
runoff. This potential is increased as lot size decreases.
B.
Slopes within the Township deemed to be steep slopes and subject
to slope controls are those slopes in excess of 15%. The steep slopes
are further classified into two groups: slopes of 15% to 25% and slopes
of 25% or more.
C.
Lands characterized by a slope in excess of 15% as measured over
a horizontal distance of 50 feet shall not accommodate any element
of an on-site sewage disposal system unless that system has been specially
designed to compensate for the topographic conditions of the site.
Such design shall be approved by the Township Sewage Enforcement Officer
prior to any construction activity, including activity related to
the installation of said system. Additionally, on properties containing
slopes of 15% to 25%, it may be necessary to increase lot sizes from
the minimum lot size specified in a particular zoning district to
be able to accommodate the proposed structures and associated on-lot
water and sewer services. In no case shall more than 50% of the minimum
required lot size be located within steep slope lands.
D.
Lands characterized by a slope in excess of 25% as measured over
a horizontal distance of 50 feet shall not be stripped of vegetation
(not including forestry activities which are otherwise regulated)
or subjected to earthmoving activity unless the party proposing such
activities has submitted a plan to the Township illustrating methods
of stormwater control and erosion management to be used during and
subsequent to such activity as well as how the slope will be permanently
stabilized upon the cessation of activity. Such plan shall require
the approval of the Berks County Conservation Service and the Board
of Supervisors as advised by the Township Engineer. Additionally,
on steep slope lands of 25% or more, no residential, commercial or
industrial buildings shall be permitted to be located. Structural
encroachments upon these steep slope lands shall be permitted only
for road or driveway crossings, utility lines, stormwater pipes, and
pedestrian trails.
E.
Forestry and/or logging activities in steep slope areas shall comply
with the requirements of all applicable state regulations including,
but not limited to, the following:
(1)
Erosion and sedimentation control regulations contained in Title
25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean
Streams Law (35 P.S. § 691.1 et seq.); and
A.
Off-street parking spaces with safe access from a public street shall
be provided on each lot, either within a structure or in the open,
to serve the uses upon that lot. New off-street parking facilities
shall be provided whenever:
B.
Parking spaces for each vehicle shall be at least 10 feet by 20 feet.
Parking spaces for use by handicapped drivers shall be at least 14
feet by 20 feet or as otherwise regulated by the Americans with Disabilities
Act of 1990, as amended, whichever is more restrictive.
C.
Parking lots accommodating five or more vehicles in a nonresidential
district which abut a residential district, a residential use, or
a parking lot used for multifamily residential purposes shall be screened
from said adjacent district or use by a buffer yard.
D.
Aisles providing access to individual parking spaces within a parking
lot or parking garage (other than garages serving individual residences)
shall have a minimum width of 24 feet for back-to-back double-bay
parking. Where the aisle provides access to only a single row of parking,
the minimum width of that aisle shall be 18 feet.
E.
Minimum number of off-street parking spaces required.
(1)
All landowners or developers shall provide, as a minimum, the number
of parking spaces required by this section for each land use on the
tract. If the calculation to determine the required number of spaces
results in a fractional figure, said fraction shall be rounded (up
or down) to the nearest whole number; fractional values of exactly
0.5 shall be rounded up.
(2)
Provision of parking spaces greatly in excess of what is hereunder
required is discouraged. Additional spaces, above what is stated below,
may be required by the Board of Supervisors within their reasonable
discretion if the proposed use has an arterial road as its sole means
of access, thereby minimizing the likelihood of unauthorized on-street
parking.
(3)
Within this subsection, "square feet" indicates "square feet" and
"GFA" indicates "gross floor area."
(4)
Residential uses.
(a)
Nontransient dwellings, including single-family and two-family
residences, multifamily residences, mobile homes within mobile home
parks and otherwise used as permanent dwellings, and vacation homes.
Dormitories operated as part of an institutional use are specifically
excluded: two spaces per dwelling unit, plus one space for every five
units in a multifamily structure, townhouse, or mobile home development
(for guest parking).
(b)
Nursing homes/assisted living care facilities: one space per
employee, plus one space per every two rooms available for occupancy.
(c)
Retirement community: 1.5 spaces per dwelling unit, plus one
space per every five dwelling units for guest parking.
(5)
Commercial, industrial, and office uses.
(a)
Manufacturing: 1.0 space per 1,000 square feet GFA plus 1.0
space per employee on largest shift.
(b)
Research and development facilities, laboratories, and business
services: three spaces per 1,000 square feet GFA.
(c)
Office buildings/office parks: 3.5 spaces per 1,000 square feet
GFA.
(d)
Personal and professional services: 3.5 spaces per 1,000 square
feet GFA.
(e)
Financial service establishments, including banks, brokerages,
and savings and loans. Insurance offices are considered office buildings
(see above): three spaces per 1,000 square feet GFA, plus drive up
window requirements if applicable.
(f)
Commercial services: one space per 150 square feet GFA.
(g)
Drive-up window/station/drive-through where permitted as part
of a principal use: A waiting lane for each drive up window or station
with a capacity for five vehicles. All waiting lanes shall be located
off-street right-of-way.
(h)
Eating and drinking place with table service: one space per
four seats, plus one space for each employee on largest shift.
(i)
Eating and drinking place without table service: 10 spaces per
1,000 square feet GFA.
(j)
Funeral home or crematorium: 0.25 spaces per seat of chapel
capacity space plus one space per employee.
(k)
Gas station (in addition to service station requirement, if
applicable): one space per pump island, plus four spaces at each pump
island.
(l)
Home occupation: As may be required, depending upon use. In
all cases, no less than two spaces in addition to residential requirement.
(m)
Hotel or motel: one space per unit, plus one space per employee
on largest shift, plus four spaces for each 50 units, plus spaces
as required for ancillary uses.
(n)
Lumberyard: one space per 1,000 square feet under roof.
(o)
Personal storage facility: one space per 10 rentable units,
plus one per employee.
(p)
Retail sales of consumed or perishable items and other items
with little seasonal variation in demand. Includes supermarkets and
convenience stores: 3.5 spaces per 1,000 square feet GFA.
(q)
Retail sales of capital or nonperishable items and other items
with clear seasonal variation in demand. Includes shopping centers,
department stores, auto dealers, apparel and personal accessory stores,
gift shops, jewelers, nurseries and greenhouses, bookstores, electronics
stores, and retail sale of all similar items: five spaces per 1,000
square feet GFA.
(r)
Service station and auto repair services (to be provided in
addition to gas station and auto dealer requirements, as may be applicable):
two spaces per garage bay, in addition to the garage bays themselves.
(s)
Wholesale sales or commercial sales: one space per employee
on largest shift.
(t)
Warehouse, wholesale distribution or freight terminal: one space
per 1,000 square feet GFA up to the first 10,000 square feet GFA,
one space per 4,000 square feet GFA over 10,000 square feet GFA.
(6)
Institutional and public uses.
(a)
Adult day-care facility: one space per employee, plus one space
per facility vehicle, plus one space per 15 clients. Applicants for
such use must further demonstrate that there is adequate room for
vehicles to safely drop off and pick up clients. These requirements
shall not apply to adult day-care centers operated as home occupations.
(b)
Auditoriums, assembly halls, sports arenas and stadiums with
fixed seats: one space per every three seats.
(c)
Auditoriums, assembly halls, sports arenas and stadiums without
fixed seats, health clubs and spas: one space per every 50 square
feet of floor area in the auditorium, assembly, or meeting room, plus
one space for every 200 square feet of other floor area.
(d)
Community center or social club: 12 spaces per 1,000 square
feet in main assembly area.
(e)
Child day-care center: one space per employee plus one space
per facility vehicle, plus two spaces per 15 children. Applicants
for such use must further demonstrate that there is adequate room
for vehicles to safely drop off and pick up children. These requirements
shall not apply to child day-care centers operated as home occupations.
(f)
College dormitory: 2.5 spaces per dormitory room.
(g)
College/university/seminary/business or vocational school: 0.5
spaces per student, plus one space per employee.
(h)
Elementary and middle schools, including boarding schools, whether
public or private: one space per staff member, plus one space per
facility vehicle, plus spaces equal to 10% of staff spaces for visitors,
plus one space per every three seats in auditorium, gymnasium or other
general assembly area, whichever is greater.
(i)
High schools, including boarding schools, both public and private:
one space per staff member, plus one space per facility vehicle, plus
spaces equal to 10% of staff spaces for visitors, plus one space per
every four students, plus one space per every three seats in stadium,
auditorium, gymnasium or other general assembly area, whichever is
greater.
(j)
Hospital: one space per two beds, plus one space per doctor,
plus one space per facility vehicle, plus 0.9 space per employee of
largest shift.
(k)
Library: three spaces per 1,000 square feet GFA.
(l)
Museum or similar cultural institution: three spaces per 1,000
square feet GFA.
(m)
House of worship: one space per every three seats.
(n)
Utility installation: two spaces per installation.
(7)
Recreational uses.
(a)
Bowling alley: five spaces per lane.
(b)
Cinema: one space per every three seats, plus one space per
employee on largest shift.
(c)
Country club, golf club, miniature golf course: five spaces
per tee, plus spaces which may be required for ancillary uses.
(d)
Health club, spa: five spaces per 1,000 square feet GFA.
(e)
Indoor amusement arcade: five spaces per 1,000 square feet GFA.
(f)
Stadium, theatre, or gymnasium: one space per every three seats.
(g)
Swim club, public swimming pool: one space per 50 square feet
of swimming pool floor, plus spaces which may be required for ancillary
uses.
(8)
Parking spaces for handicapped drivers.
(a)
Within off-street parking lots, parking spaces to accommodate
handicapped drivers shall be provided according to the total number
of spaces in the lot as follows or in accordance with the Americans
with Disabilities Act of 1990, as amended, whichever is more restrictive:
|
Total number of spaces
|
Minimum number of spaces for handicapped drivers
| |
|---|---|---|
|
Fewer than 25
|
1
| |
|
25 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of total
| |
|
1,001 and over
|
20, plus 1 for each 100 over 1,000
|
(b)
Parking spaces reserved for handicapped drivers shall be located
to minimize the distance between said spaces and a wheelchair-accessible
entrance to the facility.
F.
Surfacing requirements.
(1)
All nonresidential parking areas and access drives shall be paved.
All driveways shall be graded to provide convenient vehicular access
and proper drainage and shall be maintained in usable condition. The
maximum grade of areas used for parking shall not exceed 5%, and the
maximum grade of access drives shall not exceed 10%. Surface water
shall not be concentrated onto public sidewalks and other premises.
(2)
The Township may permit a compacted gravel, oil-sealed gravel, or
brick paver off-street parking area if the applicant can provide evidence
that the proposed land use activity does not require a paved off-street
parking area. As part of the request, the applicant shall submit a
stormwater management plan, a grading plan, and an erosion/sedimentation
control plan to the Township Engineer for review and comment. Compacted
earth is not an acceptable surface for a parking area as required
herein under any circumstances. The surface of all parking areas shall
be dust free under conditions of normal use.
(a)
If the applicant can document the intended land use will use
less parking than required herein, the applicant may request initial
build-out of 80% of the parking requirements. The remaining 20% must
be shown as reserved for future use on the plan. The Township Board
of Supervisors may, at their discretion, require 100% build-out of
parking requirements with asphalt, compacted gravel, oil-sealed gravel,
or brick pavers.
(b)
For stormwater calculation purposes, all parking shall be assumed
to be asphalt or impervious cover.
(3)
A concrete bumper block shall be provided for any noncurbed portion
of all parking lots for each parking space in a parking area serving
a nonresidential use, or for multifamily residential uses.
(4)
For all paved parking areas serving either a nonresidential use or
a multifamily residential use, parking space areas, direction of traffic
flow, and traffic lanes where not readily apparent shall be clearly
delineated by reflective, painted lines. Additional directional and
informational signage may be required by the Board of Supervisors
as they may deem necessary.
G.
The use of a single parking lot to serve multiple independent uses
is encouraged. The number of spaces provided in such lot shall be
equivalent to the sum of the number of spaces which would be required
if each use had its own parking lot.
H.
No areas necessary to fulfill the off-street parking requirements
of this article shall be used for the sales, dead-storage, repair
(except for emergency repairs), maintenance, dismantling, or servicing
of vehicles.
I.
Vehicles without current license plates and valid registration shall
not be parked or stored along any public street or upon any residentially
zoned property outside of the rear yard area, inside a garage or on
a driveway if covered.
J.
Off-street parking areas existing at the effective date of this chapter
shall not subsequently be reduced to accommodate fewer vehicles than
what is required by this section.
K.
Off-street truck loading requirements. These requirements shall apply
to all new industrial, commercial, office, and mixed-use developments,
and to all expansions of such existing uses resulting in a gross floor
area gain of 20% or more from the effective date of this chapter.
(1)
Each loading berth shall be a minimum of 12 feet wide and 50 feet
long, and shall have a clear height of not less than 14 feet.
(2)
Loading areas shall be completely contained upon the site of the
building served and shall neither occupy nor infringe upon any parking
spaces, traffic lanes within a parking area, driveways, or public
street rights-of-way.
(3)
A screen planting in accordance with § 220-64 shall be provided between loading areas and any adjacent nonindustrial properties.
(4)
Loading areas shall be located within the rear and/or side yards
of the structure served.
(5)
All loading areas shall have a dust-free surface over the entire
area customarily used by delivery vehicles for parking and maneuvering.
The surface may be asphalt, bituminous concrete, concrete, oil-sealed
gravel, compacted gravel, or any other dust-free surfacing material
which meets with the approval of the Board of Supervisors.
(6)
Off-street loading areas shall be provided as follows:
|
Gross Floor Area
|
Loading Spaces Required
| ||
|---|---|---|---|
|
Office building
| |||
|
First 20,000 square feet or fraction thereof
|
1
| ||
|
Each additional 40,000 square feet
|
1
| ||
|
Warehouse/wholesale establishment
| |||
|
First 10,000 square feet or fraction thereof
|
1
| ||
|
10,001 to 60,000 square feet
|
1, plus 1 additional for each 25,000 square feet in excess of
10,000 square feet
| ||
|
60,001 and over
|
3, plus 1 additional for each 50,000 square feet in excess of
60,000 square feet
| ||
|
Other principal uses
| |||
|
First 10,000 square feet or fraction thereof
|
1
| ||
|
10,001 to 40,000 square feet
|
1, plus 1 additional for each 15,000 square feet in excess of
10,000 square feet
| ||
|
40,001 and over
|
3, plus 1 additional for each 30,000 square feet in excess of
40,000 square feet
| ||
A.
General regulations. This section shall apply generally to all signs
within the Township. However, where a more particular standard or
provision in this chapter governs a type of sign, the more particular
provision shall control and not be deemed in conflict herein.
(1)
Interpretation of sign area.
(a)
The display area for any sign, including but not limited to
for purposes of determining maximum sign size, shall be deemed to
include all lettering, wording, designs, symbols and images together
with all background and material to which they are attached or upon
which they are displayed, but excluding any framework, posts, or bracing
which is incidental to the display itself.
(b)
Where a sign consists of individual letters or symbols attached
to or painted upon a structure surface, the area of the sign shall
be the area of the smallest rectangle which can be drawn to encompass
all of the letters and symbols.
(c)
Where there are multiple signs upon a single property, the sum
area of all sign surfaces on all signs shall not exceed the permitted
maximum stated in this section, except that the area of a double-faced
sign (that is, a sign with two surfaces back-to-back such that both
sides cannot be read simultaneously) shall be interpreted as the area
of one face.
(2)
No sign shall be placed within a street right-of-way except traffic
signs and similar regulatory notices erected by the Pennsylvania Department
of Transportation, the Township, or another public agency having jurisdiction.
(3)
No sign shall be erected containing information stating or implying
that a property may be used for any purpose not permitted under the
regulations for the applicable zoning district as defined by this
chapter.
(4)
Signs shall be constructed of durable materials and kept in good
condition and safe from collapse. Any sign which is allowed to fall
into disrepair shall be removed by the Township at the expense of
the owner of the sign. The Township shall provide 30 days' notice
to the sign owner of its intent to remove such a sign.
(5)
No sign that is a part of or is supported by a building shall be
erected upon the roof of such building, nor shall such sign extend
higher than the building. Freestanding signs shall not be taller than
35 feet.
(6)
No sign shall project beyond any lot line. No portion of any sign shall be located within 10 feet of any side lot line nor within 10 feet of any street line. No sign attached to a building facade shall extend more than 12 inches from the facade to which it is attached. Billboards shall comply with Subsection F(5).
(7)
No sign shall physically obstruct vehicular ingress or egress from
a property or human ingress or egress from a structure.
(8)
No sign shall be permitted which is posted, stapled, or otherwise
permanently or temporarily attached to public utility poles or trees
within a street right-of-way.
(9)
Nonconforming signs, once removed, shall be replaced only with conforming
signs; however, nonconforming signs may be removed for repainting,
provided such painting or repairing neither worsens the aspect of
nonconformity nor creates any new aspect of nonconformity.
(10)
No sign shall be placed within a clear sight triangle except
traffic signs and similar regulatory notices erected by the Pennsylvania
Department of Transportation, the Township, or another public agency
having jurisdiction. Such signs shall not create a visual obstruction
to clear sight distances.
B.
Signs permitted in all districts.
(1)
Official traffic or directional signs or other official signs erected
by the federal, state, county, or municipal government or an agency
thereof.
(2)
Temporary signs announcing a campaign, drive, or event of a civic,
philanthropic, educational, or religious organization, provided such
sign shall not exceed 60 square feet in area and shall be removed
within one week of the completion of the campaign, drive, or event
advertised.
(3)
Business signs offering the sale or rental of the premises upon which
the sign is erected, provided that the area of any such sign shall
not exceed six square feet and not more than one such sign shall be
placed on the property unless such property fronts on more than one
street, in which case one such sign may be erected on each street
frontage.
(4)
Temporary signs of contractors, developers, architects, engineers,
builders, and artisans erected and maintained on the premises where
such individual(s) are at work, provided that the area of each such
sign shall not exceed 12 square feet and that such sign shall be removed
within one week of the completion of their work.
(5)
"No Trespassing" signs; signs indicating the private nature of a
road, driveway, or premises; and signs controlling fishing or hunting
on the premises, provided that the area of any such sign shall not
exceed four square feet.
C.
Signs permitted in residential and agricultural districts.
(1)
Signs advertising a home occupation, nameplates displaying the name
and address of the occupant, and nameplates displaying the profession
or activity of the occupants of a dwelling are permitted, provided
that not more than one such sign shall be erected for each permitted
use and further provided that the area of each such sign shall not
exceed two square feet. Each such sign shall either be fixed flat
on the main wall of the principal structure (or of the accessory structure
housing a home occupation) or shall be erected within the front yard
not less than 10 feet from the street right-of-way line.
(2)
Signs, bulletin or announcement boards, or identification signs for
schools, churches, hospitals, sanitariums, clubs, multifamily dwellings,
or other nonresidential principal uses are permitted for the purpose
of displaying the name of the institution and its activities or services,
provided that said sign is located on the same lot as the use advertised,
announced, or promoted and further provided that the area of such
sign shall not exceed 12 square feet. Not more than one such sign
shall be erected along each street frontage of the property.
(3)
Signs offering the sale of farm products or of livestock produced
or raised on the premises are permitted, provided that the area of
any such sign shall not exceed 12 square feet. Not more than one such
sign shall be erected along each street frontage of the property.
Such signs are not permitted in the R-1 Low-Density Residential District
or in the R-2 Moderate-Density Residential District.
(4)
Signs denoting membership in an agricultural association or cooperative,
or specialization in or use of a particular breed of livestock or
variety of crop are permitted, provided that the area of any such
sign shall not exceed six square feet. Not more than one such sign
shall be erected along each street frontage of the property. Such
signs are not permitted in the R-1 Low-Density Residential District
or in the R-2 Moderate-Density Residential District.
D.
Signs permitted in commercial and industrial districts.
(1)
Signs directing patrons, members, or audiences to temporary exhibits,
shows, or events are permitted, provided that no such sign shall exceed
six square feet in area. Such signs shall be posted not more than
two weeks prior to the exhibit, show, or event and shall be removed
within one week of the closing of the exhibit, show, or event.
(2)
Signs erected in conjunction with a political election are permitted,
provided that no such sign shall exceed six square feet in area. Such
signs shall be posted not more than one month prior to the election
for which the sign has been posted and shall be removed within one
week following said election. All political signs which remain posted
after two weeks following the election may be removed by the Township
with the expenses for such removal billed to the campaign of the candidate.
(3)
Business or commercial signs on the same lot as the use to which
it relates are permitted, provided that the area of such sign shall
be limited to two square feet per lineal foot of horizontal building
facade length up to an absolute maximum of 160 square feet.
(4)
Special temporary outdoor promotional devices, signs, or displays,
such as banners or pennants, for a period of not more than 30 consecutive
days.
E.
Signs permitted as an accessory to multifamily dwellings.
(1)
Freestanding temporary real estate signs for advertising the sale
or rental of the premises upon which the sign is erected are permitted,
provided that the area of such sign shall not exceed 50 square feet.
No more than one such sign is permitted along each street frontage,
and no such sign shall be taller or stand higher than any building
it advertises. For the purposes of this chapter, multifamily dwellings
shall not be advertised by temporary real estate signs for more than
12 months after completion of construction activity.
(2)
Directional signs within the property to direct persons to the rental
office, sample unit, or other facilities are permitted. No such sign
shall exceed two square feet in area.
(3)
Permanent identifying signs for the purpose of indicating the name
of the multifamily development and for identifying the individual
buildings within the property are permitted. Not more than one identifying
sign may be erected at each entrance to the development from a public
street; no such sign shall exceed 10 square feet in area. Signs identifying
individual buildings within the development shall not exceed three
square feet in area.
F.
Billboards. Billboard signs are permitted by special exception in
the SIA and I Districts subject to the following standards:
(1)
The maximum finished height of all billboard signs shall not exceed
35 feet above the elevation of the adjacent street, measured at the
street center line.
(2)
The maximum advertising display area for each billboard sign shall
not exceed 300 square feet per sign face.
(3)
Billboard sign structures shall have a maximum of two sign display
areas (one display area in each direction) and a maximum total width
of 30 feet.
(4)
No billboard sign shall be erected within 1,200 feet of any residential
dwelling, church, school, cemetery or any other existing billboard
signs on either side of any street or way, including existing signs
in adjacent municipalities. In addition, no lot shall contain more
than one billboard sign.
(5)
No billboard sign shall be located within any required front yard,
side yard or rear yard setbacks per the applicable zoning district
as set forth in this chapter.
(6)
All billboard signs and structures shall comply with all building
codes and building and/or zoning permits shall be required prior to
the erection and construction thereof.
(7)
All billboard signs and sign structures erected after the date of
this chapter shall conform to all other applicable federal, state
and local laws, rules and regulations.
(8)
V-type sign arrangements shall be permitted as long as same are structurally
sound and as long as the sign display areas shall not form an interior
angle of greater than 25°.
G.
Illuminated signs. Illuminated signs, when permitted by this chapter,
will be subject to the following regulations:
(1)
Externally illuminated signs shall be lighted by fixtures designed,
fitted and aimed to limit the light pattern to the sign or billboard
and not beyond and so as not to project their output into the windows
of neighboring residences or to cause glare to adjoining properties
or roads.
(2)
The maximum initial illumination on the face of an externally illuminated
sign or billboard face shall not exceed 30 vertical footcandles with
maximum to minimum uniformity ratio not to exceed 6:1.
(3)
Signs and billboards containing rotating, animated, traveling, pulsing
or oscillating light sources, lasers, beacons or strobe lighting shall
not be permitted.
(4)
Signs and billboards using LED light sources, with the exception
of time/weather messages, shall not change messages at an interval
of less than eight seconds and a minimum transition time between messages
of one second.
(5)
Such signs and billboards, when illuminated both day and night, shall
have their brightness automatically reduced commensurate with nighttime
ambient brightness.
(6)
Illuminated signs along state highways shall meet all applicable
state statutes and requirements in addition to applicable Township
zoning requirements.
(7)
Maidencreek Township reserves the right to conduct a post-installation
inspection of signs and billboards and to require the reduction of
brightness when it determines that the brightness creates a hazard
to drivers or pedestrians, creates a nuisance or is otherwise judged
to be excessive.
No land, building, structure or premises in any district shall
be used, altered or occupied in a manner that will create any dangerous,
injurious, or noxious condition related to fire, explosion, radioactivity,
or other hazard; noise or vibration; smoke, dust, odor, or other form
of air pollution; electrical or other disturbance; glare; liquid or
solid refuse or wastes; or conditions conductive to the breeding of
rodents, insects, or other vectors, in any manner or amount as to
adversely affect the surrounding area. The standards of this section
shall be applicable to all zoning districts and uses.
A.
Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
at any point beyond the lot line.
B.
Air quality.
(1)
There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), Article III, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations.
(2)
No use shall operate or maintain or permit to be operated or maintained
any equipment, installation, or device which by reason of its operation
or maintenance will discharge contaminants to the air in excess of
the limits prescribed herein, unless he shall install and maintain
in conjunction therewith such control equipment as will prevent the
emission into the open air of any air contaminant in a quantity that
will violate any provision of this chapter.
(3)
It shall be unlawful for any person to install, alter, enlarge, or
make additions to any existing or new facilities, equipment, or operation
that may be a source of air contaminants or to install, alter, enlarge,
or make additions to any existing or new equipment, devices, or apparatus,
the use of which may eliminate, reduce, or control the emission of
air contaminants, until the applicant for such facility, equipment,
or operation has forwarded to the Township duplicates of all forms
required by DEP, demonstrating compliance with the regulations of
that department, and, where applicable, a duplicate of the approval
by DEP for the facility, equipment, or operation for which application
is being made.
C.
Electrical, electromagnetic, and electrostatic interference. There
shall be no electrical, electromagnetic, or electrostatic disturbance
adversely affecting the operation of any equipment other than that
of the creator of such disturbance.
D.
Fire and explosive hazards.
(1)
All activities and all storage of flammable and explosive material
at any point shall be provided with adequate safety devices against
the hazards of fire and explosion along with adequate fire-fighting
and fire-suppression equipment and devices as detailed and specified
by the laws of the Commonwealth of Pennsylvania.
(2)
All buildings and structures and activities within such buildings
and structures shall conform to all applicable local, state, and federal
codes and ordinances.
(3)
Any explosive material shall conform to the requirements of Chapter
211, Title 25, Rules and Regulations, Pennsylvania Department of Environmental
Protection, for Storage, Handling and Use of Explosives.
E.
Radioactive materials. There shall be no activities which emit dangerous radioactivity at any point. If any use is proposed which incorporates the use of radioactive material, equipment, or supplies, such use shall be in accordance with the applicable regulations of Title 25 of the Pennsylvania Code, as amended, and the regulations of the Atomic Energy Commission, Title 10 CFR Chapter 1, Part 20, Standards for Protection Against Radiation.
F.
Glare and heat.
(1)
No direct or sky-reflected glare, whether from floodlights or from
high-temperature processes such as combustion, welding, or otherwise,
shall be visible at or beyond the lot line of the property generating
such glare.
(2)
There shall be no emission or transmission of heat or heated air
so as to be discernible at the lot line.
(3)
Exterior lighting shall conform to the following requirements:
(a)
This section sets forth minimum criteria for the installation,
use and maintenance of exterior lighting, the purposes of which are
to require lighting in outdoor public places where safety and security
are concerns; protect drivers and pedestrians on nearby streets from
glare from nonvehicular light sources that shine directly into their
eyes and thereby impair safe travel; shield neighboring properties
from glare resulting from excessive light sources and from nonexistent
or improperly directed or shielded light sources; limit the height
of light standards to preclude or lessen light pollution; and promote
efficient design and operation with regard to energy conservation.
(b)
Lighting facilities shall be required for all off-street parking
areas and off-street loading areas and for all driveways providing
ingress and egress thereto and for all subdivisions and/or land developments
for business, commercial, retail, personal service, industrial, multifamily,
recreational, institutional and public uses, and for all construction
or reconstruction or improvement of any such use for which land development
approval is not required. In the approval of any subdivision or land
development plan, the Township shall have the authority to require
lighting to be incorporated for other uses or locations where in their
reasonable discretion such lighting is warranted. In addition, the
provisions of this section shall apply to signs, architectural lighting,
and landscape lighting.
(c)
Where required by the Township to demonstrate compliance with
the provisions of this chapter, a lighting plan shall be prepared
and submitted in accordance with the following criteria:
[1]
A lighting plan shall be submitted for review and approval for
all applications and uses which require exterior lighting.
[2]
The lighting plan shall include a schematic layout of all proposed
exterior fixture locations, footcandle data, and a plat demonstrating
intensities and uniformities within the limitations established with
this chapter, as well as the manufacturer's description of the
equipment (catalog cuts), glare control devices, lamps, mounting heights
and means, proposed hours of operation of the lighting, and maintenance
schedule. Illumination intensities shall be plotted on a ten-foot-by-ten-foot
grid.
[3]
The applicant shall submit a visual impact photometric plan
that demonstrates both light coverage and light spillage resulting
from the proposed lighting plan and the provision for adequate measures
to mitigate nuisance from light pollution and disabling glare, both
on the use or development site and on adjacent properties.
G.
Liquid and solid waste (nonradioactive).
(1)
There shall be no discharge at any point into any public or private
sewerage system, watercourse, or into the ground of any materials
in such a way or of such a nature as will contaminate or otherwise
cause the emission of hazardous materials in violation of the applicable
regulations of Title 25 of the Pennsylvania Code, as amended.
(2)
No waste matter shall be stored on any property other than an approved
sanitary landfill or recycling center for longer than 30 days.
(3)
All organic rubbish and garbage shall be contained in tightly sealed,
verminproof containers, except when managed as a composting area,
as noted below:
(a)
Composting operations conducted as an accessory to an agricultural
use. Such operations shall be fenced and shall be set back a minimum
of 50 feet from all property lines.
(b)
Composting operations in the SIA Special Intensified Activities District in conformance with the regulations of Article XV.
(c)
Private, personal-use composting areas on a residential lot.
Such operations shall be fenced, and shall be set back from all property
lines by a distance not less than the longest dimension of the actual
composting area.
(4)
Waste material to be disposed of by land application shall not under
any circumstance contain inorganic material.
H.
Public health and safety. No use shall create any other objectionable
condition in an adjoining area which will endanger the public health
or safety, or impede the permitted uses of the surrounding area.
I.
Storage of trash and rubbish. Storage areas for trash and rubbish shall be completely screened; no such storage area shall be permitted within any required yard. All organic rubbish (unless contained within a properly managed composting area, as described in Subsection G, above) shall be contained in airtight, verminproof containers.
A.
Developments requiring landscaping plans. All subdivisions and land developments are required to submit a landscape plan to the Township for review and approval as part of the subdivision and land development approval process. The landscape plan shall be provided in accordance with the requirements of this section and those contained within the Maidencreek Township Subdivision and Land Development Ordinance, Chapter 190, Township Code.
B.
Landscape buffer yards.
(1)
A buffer yard is hereby defined as a landscaped barrier or buffer
of sufficient height and density as to obstruct casual observation.
The buffer yard width shall be as specified in the specific zoning
district, but in no case less than 10 feet.
(2)
A buffer yard shall be provided and continually maintained by the
landowner in the following cases:
(a)
In the C-1 Local Commercial, C-2 Regional Commercial, I Industrial,
and SIA Special Intensified Activities Districts, property owners
shall provide a screen planting along those portions of their perimeters
which abut any residential district or use, including the CR Commercial
Residential District.
(b)
Around the perimeter of multifamily residential developments.
(c)
Around the perimeter of mobile home parks.
C.
A buffer yard shall not be required between or among uses of a similar
character.
D.
No buffer yard shall be permitted where it may impose a threat to
the public safety by obstructing the view of motorists to oncoming
traffic or pedestrians.
E.
All buffer yards shall be maintained and kept clean of debris, rubbish,
weeds and tall grass.
F.
If the applicant can demonstrate that the existing conditions of
the site are such that the function of the required buffer yard is
adequately performed by the naturally existing vegetation located
on the property, then no additional planting shall be required for
that portion for which the natural vegetation is sufficient. A landscape
plan may still be required to provide for the maintenance of such
natural areas, and plants die off to the extent that the screen or
buffer function is no longer fulfilled.
G.
Any portion of a site which is not utilized for buildings, accessory
structures, loading or parking spaces, aisles, sidewalks, and designated
storage areas shall be planted with an all-season ground cover.
H.
All plant materials shall be permanently maintained, and any plant
which does not live, or which grows in a manner uncharacteristic for
the selected species, shall be replaced at the expense of the developer
or, after the developer's eighteen-month maintenance period,
at the expense of the owner of the property on which the plant is
located.
Car washes are permitted in the C-1 Local Commercial District
as a use by special exception subject to the following conditions
and with the approval of the Zoning Hearing Board.
A.
Automatic, semiautomatic, and self-service car washes are permitted
only in enclosed buildings. No such building shall be located closer
than 100 feet to any residential district or to any intersection of
public street right-of-ways.
B.
Vehicle stacking area(s) shall be designed and located so as not
to intrude into the required front yard area.
C.
Lot area shall be sufficient to provide space for the building, required
yards, and driveways. Stacking area for not less than five vehicles
at each bay shall be provided at self-service car washes. Stacking
area for not less than 10 vehicles for each space or rated capacity
shall be provided at automatic and semiautomatic car washes.
A.
Home business:
(1)
Home business are permitted by conditional use in the AP Agricultural
Preservation and the R-1 Low Density Residential Districts.
(2)
A home business while allowing activities that are of a slightly
greater intensity than a home occupation must nevertheless be of such
a nature and operated in such a manner as to still be consistent with
the general residential character of the lot and the surrounding neighborhood.
(3)
The activity must be properly screened, constructed and operated
so not to interfere with the use and enjoyment of surrounding properties,
activities.
(4)
Permitted activities may include beauty shops, repair shops, small
volume retail that does not involve more than a few customers per
day, antique dealers, sharpening services, blacksmithing, ferrier,
welding, gunsmithing, furniture maker, furniture restoration, taxidermy,
and similar not-intrusive business activities.
(5)
Activities specifically not permitted for a home business include:
kennels, warehousing and storage businesses, wholesaling, distribution
businesses, sales and repair of vehicles, car washes, transfer stations,
gas stations, junkyards, adult bookstores, adult motion picture theaters,
cabarets, self-storage facilities, landfills, hazardous waste facilities,
methadone treatment facilities, bulk water extraction, mineral extraction,
and buildings and uses accessory to any of these excluded uses.
(6)
The minimum lot size for any lot on which a home business is proposed
shall be three acres.
(7)
The home business shall be conducted within the principal residential
structure of an accessory structure on the property. No activity of
the home business shall be closer than 100 feet from any side yard
or rear yard or within 100 feet of any other residential dwelling.
(8)
The principal person engaged in the home business shall be a resident
of the residential dwelling.
(9)
The home business shall be limited to the principal person engaged
in the home business and two additional persons to provide secretarial,
clerical or other assistance.
(10)
All parking shall be off-street. Four off-street parking spaces
in addition to those required for the residence shall be provided.
(11)
All dwelling units which propose a home business shall have direct access to a public street, and that the use/operation of a home business does not change the character thereof and/or have any exterior evidence of such secondary use other than a permitted sign subject to § 220-62 of this chapter.
(12)
Only one home business, home occupation or no-impact home based
business may be conducted on a single residential lot.
(13)
A zoning permit is required for all home business.
B.
Home occupations:
(1)
Home occupations are permitted by right in the Agricultural Preservation
(AP), and all Residential Zoning Districts (R-1, R-2, R-2a, R-3, R-4).
(2)
Permitted activities for a home occupation include the following:
the office of a licensed medical practitioner, or allied health field,
dentist, architect, artist, baker (not for retail consumption), lawyer,
accountant, insurance agent, real estate broker, teacher, tax collector,
engineer, dance music or voice instructor, dressmaker, milliner or
seamstress, barber or beautician, or similar occupation.
(3)
All dwelling units which propose a home occupation use shall have direct access to a public street, provided that the occupation is secondary to the use of the property as a residence, and further that the use of the dwelling does not change the character thereof and/or have any exterior evidence of such secondary use other than a permitted sign subject to § 220-62 of this chapter.
(4)
The principal person engaged in the home occupation shall be a resident
of that dwelling.
(5)
The home occupation shall be limited to the principal person engaged
in the home occupation and two additional persons to provide secretarial,
clerical or other assistance.
(6)
No more than one home occupation per residence shall be permitted.
(7)
The home occupation shall be conducted within the principal residential
structure or an accessory structure to which the home occupation is
performed.
(8)
A home occupation shall not occupy more than 25% of the total floor
area of the residential dwelling unit or accessory structure to which
the home occupation is performed.
(9)
All parking shall be off-street. Three off-street parking spaces
in addition to those required for the residence units shall be provided,
except that in the case of the office of a medical practitioner or
dentist, four spaces shall be provided.
(10)
A zoning permit issued by the Township is required for all proposed
home occupations.
C.
No-impact home-based business:
(1)
No-impact home-based business which are compliant with the requirements of § 220-66C(2) below are permitted as accessory uses by right in the Agricultural Preservation District (AP), all Residential Zoning Districts (R-1, R-2, R-2a, R-3, R-4) and in the C-R district.
(2)
To qualify as a "no-impact home-based business" the activity must
satisfy the following requirements:
(a)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members
residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
Solid waste disposal facilities, including landfills and resource
recovery facilities and low-level radioactive waste facilities, are
permitted by special exception within the I Industrial Zoning District.
If a special exception is granted by the Zoning Hearing Board, the
applicant shall be subject to all conditions, standards, and controls
listed below.
A.
Solid waste landfills.
(1)
If a special exception is granted, then the applicant is subject
to all conditions, standards and controls listed below:
(a)
The minimum lot area shall be 50 acres.
(b)
The construction and operation of a sanitary landfill shall
not be permitted unless a permit for such landfill has been issued
by the Pennsylvania Department of Environmental Protection and the
landfill is constructed and operated in full compliance with the statutes
of the Commonwealth of Pennsylvania and the rules and regulations
of the Pennsylvania Department of Environmental Protection. Operation
of any solid waste landfill shall at all times be in full compliance
with the statutes of the Commonwealth of Pennsylvania, and the rules
and regulations of the Department of Environmental Protection and
the provisions of this chapter. In the event that any of the provisions
of this part are less restrictive than any present or future rules
or regulations of the Department, the more restrictive Department
rules and regulations shall supersede and control in the operation
of such solid waste landfill.
(c)
A solid waste landfill operation shall be under the direction
at all times of a responsible individual who is qualified by experience
or training to operate a landfill.
(d)
Burning of solid waste is prohibited at a landfill. Suitable
measures shall be taken to prevent fires by means and devices mutually
agreeable to the Department of Environmental Protection and the Township.
(e)
Gaseous and particulate emission from the landfill site shall
conform to the prevailing federal, state and local air pollution control
codes and regulations.
(f)
Direct access shall be taken from an arterial or collector highway.
No more than one access road shall be constructed to the entrance
of the landfill. The access road shall be an all-weather paved surface
road negotiable by and capable of supporting loaded solid waste collection
vehicles. All existing public roads shall be kept mud-free.
(g)
A tire cleaning area shall be provided on site. All tires of
all trucks leaving the landfill shall be cleaned. Runoff from the
tire cleaning area shall be controlled and disposed of in accordance
with all pertinent federal, state and/or Township standards.
(h)
An equipment cleaning area shall be provided on site. All equipment
used to grade and compact solid waste at the landfill shall be cleaned
daily. Runoff from the equipment cleaning area shall be controlled
and disposed of in accordance with all pertinent federal, state and/or
Township standards.
(i)
Access to the site shall be limited to those posted times when
an attendant is on duty. Unloading of waste shall be continuously
supervised. In order to protect against indiscriminate and unauthorized
dumping, every solid waste landfill shall be protected by locked barricades,
fences, gates or other positive means designed to deny access to the
area at unauthorized times or locations. Such barricade, fence or
gate shall be at least eight feet high and shall be kept in good repair
and neatly painted in a uniform color.
(j)
No site activity shall be permitted on Sundays or legal holidays.
Dumping shall be permitted only between the hours of 7:30 a.m. and
5:30 p.m. No vehicles shall be staged or parked at entrance and/or
access road of the landfill prior to 6:30 a.m. Overnight parking shall
be prohibited.
(k)
Measures shall be provided to control dust and debris. The entire
area shall be kept clean and orderly. The perimeter of the landfill
shall be inspected for debris on a daily basis.
(l)
Hazardous, contaminated and/or toxic materials, including but
not limited to highly flammable materials, explosives, pathological
wastes, and radioactive materials, shall not be disposed of in a solid
waste landfill.
(m)
The disposal of sewage liquids and solids and other liquids
shall be specifically prohibited in a solid waste landfill.
(n)
Salvaging of materials as permitted by law shall be conducted
by the operator only and shall be organized so that it will not interfere
with prompt sanitary disposal of waste or create unsightly conditions
or health hazards. The storage of salvage shall be controlled in a
manner that will not permit the inhabitation or reproduction of deleterious
vectors.
(o)
The entire site, including the fill surface, shall be graded
and provided with drainage facilities to minimize runoff onto and
into the fill, to prevent erosion or washing of the fill, to drain
off rainwater falling onto the fill, and to prevent the collection
of standing water. The operator shall comply with the requirements
of Chapter 75 and Chapter 102 of Title 25 of the Pennsylvania Code
and applicable Township ordinances so that there is no adverse off-site
impact from the drainage of surface water. Cracks in, depressions
in, and/or erosion of cover shall be repaired daily.
(q)
An operation permit shall be obtained on an annual basis.
(r)
A final inspection of the entire site shall be made by the Department
of Environmental Protection and the Township and their authorized
representative to determine compliance with approved plans and specifications
before the earthmoving equipment is removed from the site. Any necessary
corrective work shall be performed before the solid waste landfill
project is accepted as completed. Arrangements shall be made for the
repair of all cracked, eroded and uneven areas in the final cover
during the first two years following completion of the solid waste
landfill. A bond shall be posted to ensure that all corrective work
is completed.
(s)
The initial application for a solid waste landfill shall be
accompanied by impact statements. A plan for the reuse of the land
shall be submitted, in writing, to the Maidencreek Township Board
of Supervisors at the time of securing a permit for a landfill operated
by the municipal authority. The plan shall be in compliance with the
prevailing zoning at time of application.
(t)
Maximum active dumping area shall be three acres. Continued
operation of the landfill shall be subject to compliance with all
state and Township regulations pertaining to landfill.
(u)
No operation, activity, use, or occupation of any type for the
landfill shall be carried on within 100 feet of any property line
and/or within 100 feet of any street right-of-way. In addition, a
landfill shall not be located within 300 feet of any residential zoning
district or occupied residential dwelling unit.
(v)
The storage of fuel to be used on the landfill site shall be
in accordance with all applicable federal, state and Township regulations.
(w)
A chain-link fence with a minimum height of 15 feet shall be
erected along all boundary lines of the area which is approved for
operational use as a sanitary landfill by the Pennsylvania Department
of Environmental Protection. The fence shall not contain openings
greater than four square inches and shall contain, at all entrances,
gates which are locked except during operating hours, when an adult
attendant shall be on the premises.
(x)
A fifty-foot-wide buffer yard shall completely surround all areas approved for operational use as a sanitary landfill by the Pennsylvania Department of Environmental Protection. The buffer yard shall consist of a dense evergreen screen and is to be located and maintained along all boundary lines of the landfill, outside of the required fence, except at the entrances. The selected evergreens shall have a minimum height of 12 feet and shall be staggered on twelve-foot centers. No materials of any nature shall be stored within this buffer yard. In addition, the buffer yard shall meet all pertinent standards specified under § 220-64 of this chapter. A landscaping plan shall be submitted to the governing body for review and approval.
(y)
The landfill shall contain an on-site scale, and all solid waste
material delivered to the site shall be weighed and recorded pursuant
to the Pennsylvania Solid Waste Management Act (Act 101, as amended).[2] All weigh receipts shall be submitted to the Township
on a quarterly basis.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B.
Resource recovery facilities.
(1)
If a special exception is granted, then the applicant is subject
to all conditions, standards and controls listed below:
(a)
The minimum lot size shall be 10 acres.
(b)
Parking areas shall be a minimum of 100 feet from any property
line.
(c)
Operation of a resource recovery facility shall at all times
be in full compliance with the statutes of the Commonwealth of Pennsylvania
and the rules and regulations of the Department of Environmental Protection
(PADEP) and the provisions of this chapter. In the event that any
of the provisions of this chapter are less restrictive than any present
or future rules or regulations of PADEP, the more restrictive PADEP
regulations shall supersede and control.
(d)
Gaseous and particulate emission from the resource recovery
facility site shall conform to the prevailing federal, state and local
air pollution control codes and regulations.
(e)
Direct access shall be taken from an arterial or collector highway.
No more than one access road shall be constructed to the entrance
of the resource recovery facility. The access road shall be an all-weather
paved surface road negotiable by and capable of supporting loaded
solid waste collection vehicles. All existing public roads shall be
kept mud-free.
(f)
A tire cleaning area shall be provided on site. All tires of
all trucks leaving the resource recovery facility shall be cleaned.
Runoff from the tire cleaning area shall be controlled and disposed
of in accordance with all pertinent federal, state and/or Township
standards.
(g)
An equipment cleaning area shall be provided on site. All equipment
used to grade and compact solid waste at the resource recovery facility
shall be cleaned daily. Runoff from the equipment cleaning area shall
be controlled and disposed of in accordance with all pertinent federal,
state and/or Township standards.
(h)
Access to the site shall be limited to those posted times when
an attendant is on duty. Unloading of waste shall be continuously
supervised. In order to protect against indiscriminate and unauthorized
dumping, every resource recovery facility shall be protected by locked
barricades, fences, gates or other positive means designed to deny
access to the area at unauthorized times or locations. Such barricade,
fence or gate shall be at least six feet high and shall be kept in
good repair and neatly painted in a uniform color.
(i)
No site activity shall be permitted on Sundays or legal holidays.
Dumping shall be permitted only between the hours of 7:30 a.m. and
5:30 p.m. No vehicles shall be staged or parked at entrance and/or
access road of the resource recovery facility prior to 6:30 a.m. Overnight
parking shall be prohibited.
(j)
Measures shall be provided to control dust and debris. The entire
area shall be kept clean and orderly. The perimeter of the resource
recovery facility shall be inspected for debris on a daily basis.
(k)
Fuel tanks and batteries shall be removed from all motor vehicles
to be recycled within 24 hours of their arrival on the premises and
shall either be immediately removed from the premises and disposed
of in an acceptable manner, or temporarily stored on the premises
in an approved hazardous waste storage container or facility.
(l)
Hazardous, contaminated and/or toxic materials, including but
not limited to highly flammable materials, explosives, pathological
wastes, and radioactive materials, shall not be disposed of at the
resource recovery facility.
(m)
The disposal of sewage liquids and solids and other liquids
shall be specifically prohibited at the resource recovery facility.
(n)
All parts of the process-unloading, handling and storage of
municipal solid waste shall occur within a building. However, certain
separated recyclable materials such as glass, aluminum, and other
metals may be stored outdoors. The storage of paper shall be within
a building. Any materials stored outdoors shall be properly screened
so as not to be visible from any adjacent streets or property. No
material shall be placed or deposited to a height greater than the
height of the fence or wall herein prescribed.
(o)
No municipal solid waste prior to segregation shall be stored
at a resource recovery facility for more than 72 hours.
(p)
A contingency plan for disposal of municipal solid waste during
a plant shutdown must be submitted to the municipality and approved
by the Board of Supervisors.
(q)
Waste from the resource recovery facility process (such as but
not limited to ash from an incinerator) shall be stored in such a
manner as to prevent it from being carried from the site by wind or
water. This process waste shall be located at least 200 feet from
any property line and stored in leak proof containers. Such process
waste shall be disposed of in a sanitary resource recovery facility
approved by PADEP or in another manner approved by PADEP.
(r)
Solid waste landfill operations and open burning of any materials
are not permitted under this use.
(s)
No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the nuisance standards (§ 220-63) of this article shall be met.
(t)
An operational permit shall be renewed on an annual basis.
(u)
No operation, activity, use, or occupation of any type for a
resource recovery facility shall be carried on within 200 feet of
any property line and/or within 200 feet of any street right-of-way.
In addition, a resource recovery facility shall not be located within
300 feet of any residential zoning district or occupied residential
dwelling unit.
(v)
A resource recovery facility shall be under the direction at
all times of a responsible individual who is qualified by experience
or training to operate such a facility.
(w)
The storage of fuel to be used at the resource recovery facility
site shall be in accordance with all applicable federal, state and
Township regulations.
(x)
A chain-link fence with a minimum height of 15 feet shall be
erected along all boundary lines of the area which is approved for
operational use as a resource recovery facility by the Pennsylvania
Department of Environmental Protection. The fence shall not contain
openings greater than four square inches and shall contain, at all
entrances, gates which are locked except during operating hours, when
an adult attendant shall be on the premises.
(y)
A fifty-foot-wide buffer yard shall completely surround all areas approved for operational use as a resource recovery facility by the Pennsylvania Department of Environmental Protection. The buffer yard shall consist of a dense evergreen screen and is to be located and maintained along all boundary lines of the resource recovery facility outside of the required fence, except at the entrances. The selected evergreens shall have a minimum height of six feet and shall be staggered on ten-foot centers. No materials of any nature shall be stored within this buffer yard. In addition, the buffer yard shall meet all pertinent standards specified under § 220-64 of this chapter. A landscaping plan shall be submitted to the governing body for review and approval.
(z)
The resource recovery facility shall contain an on-site scale,
and all solid waste material delivered to the site shall be weighed
and recorded pursuant to the Pennsylvania Solid Waste Management Act
(Act 101, as amended).[3] All weigh receipts shall be submitted to the Township
on a quarterly basis.
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq.
C.
Low-level radioactive waste/medical waste disposal facilities.
(1)
For the purposes of this chapter, a "low-level radioactive waste
facility" or a "medical waste disposal facility" shall be defined
as a site in which engineering principles are utilized for the disposal
of low-level radioactive waste as defined by the United States Environmental
Protection Agency and by the Pennsylvania Department of Environmental
Protection.
(2)
If a special exception is granted to permit a low-level radioactive
waste/medical waste disposal facility, the applicant and/or the developer
for the site shall be subject to all standards and requirements which
are specified by the U.S. Environmental Protection Agency, by the
Pennsylvania Department of Environmental Protection, and by such other
governmental bodies and agencies that may have jurisdiction.
(3)
If a special exception is granted to permit a low-level radioactive
waste/medical waste disposal facility, the applicant and/or the developer
of the site shall be subject to all standards and requirements which
are specified under Title 25, Chapters 236 and 237, of the Pennsylvania
Code, as amended.
(4)
If a special exception is granted to permit a low-level radioactive waste/medical waste disposal facility, the applicant and/or the developer of the site shall be subject to all standards and requirements which are specified under § 220-67A of this chapter.
(5)
A land development plan must be submitted to Maidencreek Township
for review and comment. The land development plan should demonstrate
complete conformity with the requirements specified under this section
of this chapter. Upon approval, the land development plan must be
recorded in accordance with the provisions stipulated by Maidencreek
Township.
A.
Development and design standards.
(1)
Eligibility.
(a)
Mobile home parks are permitted by special exception in the R-4 Multifamily Residential Zoning District, subject to the approval of the Zoning Hearing Board in accordance with § 220-118 of this chapter.
(b)
The mobile home park shall consist of a minimum contiguous land
area of 10 acres. The land area under consideration should not include
any portion of land located within the street right-of-way and land
that has been previously developed. The area shall be considered contiguous
if it is divided by an existing street not exceeding 60 feet in ultimate
right-of-way.
(c)
The mobile home park shall be served by a public or community
water supply system and sewage disposal system, approved by the appropriate
local and state agencies, and shall be constructed and certified operational
by the appropriate authorities before the occupancy permits are issued.
(d)
A minimum of 10% of the net area of the mobile home park shall
be set aside as common open space. The location, character, management
and utilization of the common open space shall comply with all applicable
specifications concerning open space.
(2)
Design standards.
(a)
The mobile home park shall be designed with regard to the topographic
and natural features of the site. All natural features (lakes, streams,
topsoil, knolls, basins, trees and shrubs) should be preserved and
incorporated into the final landscaping whenever possible and desirable.
The finished topography shall adequately facilitate the mobile home
park without excessive earthmoving and neglect for the natural amenities.
(b)
The mobile home park shall not exceed four dwelling units per
gross acre.
(c)
The following maximum and minimum dimensional requirements shall
apply to the mobile home parks and to the type of mobile home:
|
Minimum Regulations
|
Single-Wide Units Less Than 61 Feet
|
Single-Wide Units Greater Than 61 Feet
|
Double-Wide Units
| |
|---|---|---|---|---|
|
Lot area
|
5,000 square feet
|
5,500 square feet
|
10,000 square feet
| |
|
Lot width
|
50 feet
|
50 feet
|
70 feet
| |
|
Building setback
| ||||
|
Interior streets*
|
20 feet
|
20 feet
|
20 feet
| |
|
Exterior streets
|
100 feet
|
100 feet
|
100 feet
| |
|
Rear yard
|
15 feet
|
15 feet
|
15 feet
| |
|
Side yard (each)
|
10 feet
|
10 feet
|
10 feet
| |
|
Lot coverage
|
30%
|
30%
|
30%
| |
|
Woodland extraction
|
60%
|
60%
|
60%
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Denotes that the design standards and specifications of § 220-61, Parking and truck loading requirements, of this chapter will apply to the twenty-foot building setback if it is to be used for vehicular parking purposes.
| |
(d)
In addition to the bulk regulations listed above, the following
provisions shall apply:
[1]
No mobile home, accessory structure or common open space shall
be located closer than 100 feet to the ultimate right-of-way of abutting
public streets and 50 feet to the rear or side property lines;
[2]
No more than one mobile home shall be placed on a mobile home
lot, and such mobile home shall be occupied by not more than a single
family.
(3)
Development standards.
(a)
The mobile home park shall provide an evergreen planting screen
along the property line at the periphery of the development to protect
the privacy of adjacent residents.
(b)
No part of a mobile home park shall be used for nonresidential
purposes, except common open space shall be used for the pleasure
and recreation of the park residents, an office may be used for the
park management, necessary utility structures, common laundry facilities,
and necessary buildings for the storage of maintenance equipment.
(c)
There shall be at least one street in the park which is circumferential
and from which lesser streets shall turn out so as to provide direct
access to each lot and to each common open space of the tract. All
streets shall be designed and constructed to all applicable Township
specifications.
(d)
All entrances shall conform to the standards of the Pennsylvania
Department of Transportation and, when the entrance is from a state
road, shall be approved by it. When the entrance is from a Township
road, it shall be approved by the Township Engineer. The entrances
shall take into account the traffic on the public street and that
to be generated by the park residents. Acceleration and deceleration
lanes may be required as well as two-lane entrances and two-lane exits.
(e)
A minimum of two off-street parking spaces measuring 10 feet
by 20 feet shall be provided for each mobile home lot with an additional
one off-street parking space per units being provided as well. No
on-street parking shall be permitted within the park.
(f)
Each mobile home space shall be provided with a hard-surfaced
mobile home stand providing a foundation wall and/or footing that
will not heave, shift, settle or move due to frost action, inadequate
drainage, vibration or other forces.
(g)
All mobile homes shall be located, erected and anchored in accordance
with all applicable standards and provisions specified in the Maidencreek
Township Building Code and/or the manufacturers' specifications.
(h)
Each mobile home stand shall be equipped with utility connections.
For reasons of safety, the space between the mobile home stand and
mobile home floor shall be permanently enclosed to prevent unauthorized
entry and to conceal all supports and utility connections. Each stand
shall be located at such elevation, distance and angle in relation
to the access street and mobile home accessory that the placement
and removal of the mobile home is practical.
(i)
The area between the ground level and the perimeter of the mobile
home shall be enclosed by means of a suitable skirting.
(k)
Developers of mobile home parks will be required to comply with
applicable parts of Maidencreek Township, Subdivision and Land Development
Ordinance,[2] and the Building Code of Maidencreek Township, except
as follows. No mobile home shall be permitted in the mobile home park
which fails to meet the standards of the Building Code of Maidencreek
Township and which does not bear the seal of the Department of Housing
and Urban Development (HUD). In case regulations herein described
conflict with those of the Building Code of Maidencreek Township,
these regulations shall govern.
(l)
The mobile home park shall have a central water supply and distribution
system. The system shall conform with the "Standards for Mobile Home
Parks" publication of the National Fire Protection Association (NFPA),
and any other applicable codes adopted by the Township. The water
system shall provide for fire protection in mobile home parks of over
25 units.
(m)
Mobile home parks may be used only where municipally or community
operated sewer and water services are available. Individual lateral
connections to the street sewer and to the mobile home shall conform
to applicable Township and state regulations.
(n)
The electrical distribution system shall be underground and
shall conform to the National Fire Protection Association (NFPA) Standards
for Mobile Home Parks and any other applicable codes. Each mobile
home shall have not less than one-hundred-amp service.
(o)
If the mobile home park is to have gas service to the homes,
the same shall have to conform to applicable NFPA regulations and
any other applicable codes.
(p)
All streets in the park shall be illuminated at a minimum level
of 0.6 footcandle; service to light standards shall be underground.
(q)
Telephone lines shall be underground. There shall be a central
television antenna system with underground service to each mobile
home.
(r)
Except for paved areas, areas beneath mobile homes, and cultivated areas, all ground shall be planted and maintained in grass. The grass shall be cut regularly. No weeds or wild growth except for native trees shall be permitted anywhere in the park. All landscaping shall be in conformance with § 220-64, Landscaping, of this chapter.
(s)
Exterior storage areas for refuse stations shall be properly
screened. All containers shall be airtight and verminproof and have
adequate storage capacity to accommodate the projected volumes of
solid waste. The park shall have a solid waste management plan in
accordance with all applicable Township standards.
(t)
The park shall have a plan for stormwater management in accordance
with all applicable Township regulations governing stormwater management.
(u)
The park shall have a plan for erosion and sediment control
in accordance with all specifications set forth by PADEP and the County
Conservation District.
(v)
Mobile home parks of 25 units or more shall employ the services
of a qualified manager. The manager shall reside at the mobile home
park and shall be responsible for the operation and maintenance of
the park.
(w)
The developer of the mobile home park shall make arrangements,
in a form satisfactory with the Township Solicitor, which shall ensure
that the common open space shall continue to be adequately managed
and maintained.
B.
Administration.
(1)
The park shall furnish the Township a list of tenants of the park.
Any change in tenancy shall be reported to the Township within one
week. The Board of Supervisors shall have the power to inspect the
park register containing a record of all residents of the mobile home
park at any reasonable time.
(2)
All applications to the Township for a mobile home park shall be
subject to all applicable review procedures for subdivision and land
development and shall be subject to the appropriate fees established
by resolution by the Township Board of Supervisors.
A.
Motor vehicle service/fuel stations and drive-in/drive-through establishments
are permitted in the SIA Special Intensified Activities District,
the C-1 Local Commercial District, and the C-2 Regional Commercial
District as a use by special exception subject to the conditions of
this section and with the approval of the Zoning Hearing Board.
B.
When located in a shopping center, said establishment(s) shall utilize
the existing or planned access points of the center to the public
road network. Also, such establishments shall be located and configured
so as not to interfere with the internal circulation system of the
shopping center. Separate, clearly defined parking facilities shall
be provided distinct from vehicle stacking area(s).
C.
Fuel pump setback from ultimate right-of-way line to fuel pump island
shall be a minimum of 30 feet and a minimum setback distance from
the edge of canopy to the edge of the ultimate right-of-way shall
be a minimum distance of 20 feet.
D.
Drive-through establishments shall be designed to provide for adequate
vehicle stacking lanes for the drive-through service in question in
a manner which will not hinder vehicular flow within the site nor
cause congestion at the driveway entrances to the property. Vehicular
stacking spaces shall not count as part of the required off-street
parking requirement for a particular use.
Multifamily residential developments are permitted in the R-3
Village-Density Residential District, the R-4 Multifamily Residential
District, and the CR Commercial-Residential District by right and
in the R-2a High-Density Residential District by special exception
when in compliance with the following regulations. All such developments
shall have direct access to a major street or a collector street.
A.
Area and bulk regulations.
(1)
Maximum gross density: six units/acre.
(2)
Minimum lot area (total development): three acres.
(3)
Minimum lot width at street line: 250 feet.
(4)
Minimum lot width at building line: 250 feet.
(5)
Minimum front yard: 50 feet.
(6)
Minimum side yard (each side) and rear yard: 50 feet.
(7)
Maximum extent of impervious surface: 45%.
(8)
Maximum building height: 40 feet, but not more than three stories.
(9)
Minimum common open space: 0.25 square feet per 1.00 square feet
gross floor area.
B.
C.
Design regulations.
(1)
No structure containing townhouse units may contain more than six
such units. Minimum width of townhouse units shall be 24 feet.
(2)
Within a townhouse structure, no more than two consecutive townhouse
units shall have the same setback. Variation in setback shall be at
least four feet.
(3)
Required common open space shall be appropriate for recreational
uses. Such space shall be designed for use by the residents of the
development, shall be improved and equipped by the developer in accordance
with plans submitted and approved by the Township Planning Commission,
and shall include such deed restrictions and other provisions so as
to clarify the ownership of such facilities and to assure their perpetual
maintenance, assigning such charges as may be necessary.
(4)
Yard areas separating structures from parking areas (other than on-lot
parking spaces for an individual townhouse unit) shall have a minimum
width of 30 feet.
(5)
The front building line of no more than two adjacent townhouse building
groups may be on the same plane. All other buildings must have the
front building line either on an arc or offset from adjacent buildings
by at least five feet.
D.
Parking facilities. Vehicular access shall be provided for each townhouse
unit. The required parking shall be provided either on the lot, in
a carport, as an integral part of the unit, or in a joint parking
facility for a group of townhouses with such deed restrictions and
cross-easements as necessary to assure access and maintenance of such
facility. Vehicular access to the townhouse lot can be either from
the front or rear. Use of rear "alley" access to the units will require
the establishment of the before mentioned cross-easements or establishment
of a homeowners association.
(1)
Parking spaces shall be provided as required by § 220-61E(4)(a) of this chapter.
(2)
Common parking areas (lots) accessing public streets shall be set
back from property lines (or street right-of-way lines, whichever
is greater) a minimum distance of 15 feet.
(3)
Access roads within the development shall be separated from all structures
by not less than 15 feet.
(4)
Parking lots shall be configured and located such that vehicles shall
not reverse onto a public street.
(5)
For a common parking lot, the point of access to the public street
network, the access roads within the development shall have a minimum
width of 24 feet and a maximum width of 30 feet.
(6)
Dead-end parking lots shall be designed and constructed with backup
areas for the end stalls.
(7)
All access roads and parking areas shall be permanently paved with a dust-free surface in accordance with Chapter 190, Subdivision and Land Development.
(8)
Points of ingress and egress shall be configured and located such
that vehicles entering or leaving the site shall not be obstructed
by other vehicles pulling into or out of parking spaces.
(9)
Common parking lots shall be landscaped in accordance with the provisions of Chapter 190, Subdivision and Land Development.
(10)
When townhouse units are provided with attached garages, 80%
of the end unit garages shall be side-entry. Any side-entry garage
units shall have a backup area for the driveway.
(11)
Driveways for garage units should be of sufficient length (minimum
of 30 feet) to permit the parking of a vehicle in the driveway outside
of the right-of-way of any public street, and in the case of private
streets serving a townhouse development, the vehicles cannot block
or encroach into any required sidewalks.
(12)
Private roads may be developed to service a townhouse development;
however, adequate provision must be made for the provision of sidewalks
or pedestrian pathways to provide for safe access to the public streets
to access school bus pick-up points.
E.
Permitted accessory uses. The following uses and facilities are permitted
by right as accessory to a multifamily residential development:
(1)
Coin-operated washing and drying machines and vending machines dispensing
beverages or cigarettes, provided that such machines are centrally
located in an enclosed structure with access limited to residents
of the development;
(2)
Parking areas and/or garages for the use of residents and visitors;
(3)
Recreational facilities, as may be recommended by the Township Parks
and Recreation Board;
(4)
One administrative office for the use the person or entity charged
with managing the development; and
(5)
One sample unit for public display.
F.
Water supply and sewage disposal.
(1)
Connection to public water supply or a community well serving the
entire development is not required.
(2)
A community sanitary sewage disposal system shall be provided to
serve the entire development. Such system shall be in conformance
with all applicable regulations of the Pennsylvania Department of
Environmental Protection and shall be approved by the Township Sewage
Enforcement Officer. Alternately, connection may be made to an existing
public or community system, provided that the developer of the multifamily
project has a written, notarized statement from the operator of said
system, indicating the ability of the system to treat safely the estimated
additional sewage and the willingness of the operator to provide such
service.
G.
Landscaping. Screen planting shall be required in accordance with § 220-64B(2) of this chapter. Other landscaping shall be provided in accordance with the provisions of Chapter 190, Subdivision and Land Development.
H.
Lighting. Lighting for buildings, accessways, and parking areas shall
be so arranged as not to reflect toward public streets or residential
structures either within the development or upon nearby properties.
I.
Storage of trash and rubbish.
(1)
All trash and rubbish shall be kept in airtight, verminproof containers.
(2)
One accessory building may be erected for each multifamily residential
structure for the storage of trash and rubbish containers. Interior
storage areas for trash and rubbish shall at all times be kept in
an orderly and sanitary fashion. For townhouse developments, trash
storage shall be provided internal to the unit or in an enclosed porch
or storage area.
J.
Site plan review and approval. All multifamily residential developments are either a land development or, where the units are held in fee-simple ownership by the residents, a subdivision. The approval such development is therefore governed by the regulations of Chapter 190, Subdivision and Land Development. No zoning permit shall be issued for a multifamily residential development unless and until the owner or developer thereof has complied with all the provisions of that ordinance and has received final approval for the development under the provisions thereof.
K.
Construction. All structures shall conform with the building regulations
established by the State Department of Labor and Industry as well
as all federal and municipal building regulations. Where there are
conflicting regulations, the more restrictive shall apply.
Planned residential developments (PRDs) are permitted in the
R-2 Moderate-Density Residential District, the R-3 Village-Density
Residential District, and the R-4 Multifamily Residential District,
by special exception subject to the following conditions and with
the approval of the Zoning Hearing Board.
A.
Purposes. Planned residential developments (PRDs) are to be accommodated
in order to achieve the following purposes:
(1)
To encourage innovation in residential development so that the growing
demand for housing may be met by greater variety in type, design,
and layout of dwelling, and by the conservation and efficient use
of open space auxiliary to said dwellings;
(2)
To encourage a more efficient use of land and of public services,
reflecting changes in the technology of land development so that economies
secured may inure to the benefit of those who need homes;
(3)
To provide a procedure which can relate the type, design, and layout
of residential development to the particular demand for housing existing
at the time of development in a manner consistent with the preservation
of property values within existing residential areas; and
(4)
To ensure that the increased flexibility of regulations governing
land development is administered under such standards and procedures
as shall encourage the disposition of proposals for PRD without undue
delay.
B.
Uses permitted within PRDs.
(1)
Residential uses.
(a)
Single-family detached dwellings.
(b)
Single-family semidetached dwellings.
(c)
Townhouses.
(d)
Apartments.
(e)
Recreational areas, including common open space and parks, both
public and private, and recreational facilities such as walkways or
trails, swimming pools, tennis courts, and similar improvements.
(2)
Nonresidential uses.
(a)
Commercial facilities of a type and scale to serve the needs
of the residents of the PRD; however, the use of such facilities shall
not be restricted to such private use. Such uses shall be limited
to uses to service the needs of the PRD residents and be subordinate
to the residential use. Such uses may include convenience stores,
drugstores, hair stylists, laundromats, dry cleaners, liquor stores,
card and gift shops, and banks.
(b)
Professional offices for architect, attorney, broker, dentist,
psychiatrist, psychologist, physician, realtor, or similar occupations.
(c)
Institutional uses including and limited to municipal uses,
houses of worship, public or private schools, day-care centers, and
facilities for providers of emergency services such as police, fire
protection, and ambulance services.
(d)
Model home(s) or unit(s) for marketing the PRD.
(3)
Uses clearly accessory to any of the permitted uses, including and
limited to off-street parking facilities, swimming pools, garages,
home occupations, storage sheds for maintenance equipment, off-street
loading facilities (only as an accessory to a commercial use), and
commercial garages necessary for commercial operations within the
PRD.
C.
Area and density requirements.
(1)
A tract to be developed as a PRD shall have a minimum area of 50
acres, exclusive of public and private rights-of-way, designated wetland
areas, and slopes in excess of 25%.
(2)
The gross residential density of the PRD shall not exceed six dwelling
units per acre.
(3)
The net density of areas developed with multifamily dwellings shall
not exceed 10 dwelling units per acre.
(4)
Single-family detached dwellings.
(5)
Single-family semidetached dwellings.
(a)
Minimum lot area (per dwelling or unit of use): 5,000 square
feet.
(b)
Minimum lot width at building line: 40 feet.
(c)
Minimum front yard: 30 feet.
(d)
Minimum side yard (each side): 10 feet.
(e)
Minimum rear yard: 40 feet.
(f)
Maximum extent of impervious surface: 60%.
(g)
Maximum building height: 35 feet.
D.
Allocation of units. A PRD may accommodate any combination of permitted
uses which satisfies the following conditions:
|
Type of Use
|
Proportion of Lot Area So Used
| |
|---|---|---|
|
Single-family detached residence
|
10% minimum, 30% maximum
| |
|
Single-family semidetached residence
|
No minimum, 20% maximum
| |
|
Townhouses
|
No minimum, 40% maximum
| |
|
Apartments
|
No minimum, 50% maximum
| |
|
Open space*
|
30% minimum, no maximum
| |
|
Commercial
|
No minimum, 10% maximum
|
|
NOTE:
| ||
|---|---|---|
|
*
|
At least 50% of the required open space shall be developed as
a recreational area.
| |
E.
Design regulations.
(1)
PRDs shall be served by a sanitary sewage disposal system, water
supply system, storm sewer system, and streetlights conforming to
all applicable ordinances and regulations of the state and Township.
All such facilities shall be constructed at the expense of the developer
and dedicated to the Township upon final approval. The developer shall
be required to post financial security to assure the proper operation
and maintenance of such facilities in accordance with § 509(1)
of the Pennsylvania Municipalities Planning Code[1] and all local regulations appurtenant thereto.
[1]
Editor's Note: See 53 P.S. § 10509.1.
(2)
When PRD development is proposed for a tract, the design shall include
the entire tract.
(3)
Additional regulations for townhouses.
(a)
No structure containing townhouse units may contain more than
six such units.
(b)
Within a townhouse structure, no more than two consecutive townhouse
units shall have the same setback. Variation in setback shall be at
least four feet.
(c)
No structure containing townhouse units shall lie within 30
feet of any other residential structure.
(d)
No structure containing townhouse units shall lie within 30
feet of any parking area, public street, or perimeter of the tract.
(e)
The front building line of no more than two adjacent townhouse
building groups may be on the same plane. All other buildings must
have the front building line either on an arc or offset from adjacent
buildings by at least five feet.
(f)
When townhouse units are provided with attached garages, 80%
of the end unit garages shall be side-entry. Any side-entry garage
units shall have a backup area for the driveway.
Quarries are permitted in the I Industrial District as a use
by special exception subject to the following conditions and with
the approval of the Zoning Hearing Board.
A.
The minimum lot size shall be 10 acres.
B.
Stone removal, sale of stone products or the manufacturing of concrete
or asphalt shall not be conducted within 25 feet of any property line,
within 25 feet of any street right-of-way, within 25 feet of any residential
zoning district, and/or within 400 feet of any preexisting occupied
residential dwelling unit, unless the quarry can provide the Township
with written waivers from the property owners permitting the quarry
to conduct quarrying and/or mining activities within less than 400
feet of any preexisting occupied residential dwelling.
C.
Except for gated access for fire, police or maintenance (of utilities
fencing, trees and berms only), there shall be no entrance or exit
to a state or Township road for quarry or related activities permitted
within the Township.
D.
Quarried areas, including abandoned sections and planned expansion
areas, shall be fenced with a six-foot-high chain-link fence around
the perimeter to assure public safety. Evergreens shall be planted
as a vegetative screen outside of the fenced area and on the outer
slope of any berm erected by the quarry outside of the fenced area.
E.
Access roads to quarries shall have a minimum paved width of 24 feet
and shall be constructed and paved to such standards as may be required
by the Township to secure to the public a surface quality and durability
equivalent to those roads which are not used by quarry vehicles.
F.
Quarry access roads shall connect with a collector or arterial road
and shall avoid residential neighborhoods.
G.
As part of the approval process, the party proposing quarry operations
shall submit plans for the reuse of the quarry site after the cessation
of extractive activities.
H.
The Township shall have the right to charge the quarry operator an
annual fee as may be necessary to defray municipal administrative
costs directly related to the oversight of the quarry operations.
I.
No site activity shall be permitted on Sundays or legal holidays. All operations shall be permitted only between the hours of 5:30 a.m. and 10:00 p.m. Monday through Friday; and 5:30 a.m. to 2:00 p.m. on Saturdays. No vehicles shall be staged or parked at the entrance and/or access road of the site prior to 5:00 a.m. Nothing in this provision shall be interpreted to eliminate compliance with the Township Noise Ordinance, Chapter 133, or other applicable regulations.
J.
Measures shall be provided to control dust and debris as provided
by PADEP regulations. The entire area shall be kept clean and orderly
as provided by PADEP regulations.
K.
Blasting shall be permitted between the hours of 10:00 a.m. and 4:00
p.m. Monday through Friday. Prior notice of all blasting operations
shall be given to the Township and within two hours but not less than
30 minutes to the occupants of all properties within a radius of 1,500
feet of the location of blasting who have previously requested such
notice in writing.
L.
All requirements of federal, state and municipal statutes, ordinances
and regulations pertaining to the operation of quarrying and mining
operations shall be complied with. A copy of all submissions, permits
and licenses to or from PADEP and BSM shall be filed with the Township.
M.
Groundwater monitoring wells. The landowner shall install groundwater
monitoring wells at a distance of approximately every 1,200 feet along
the perimeter of the area to be quarried, except that where the limits
of the area to be quarried coincide with the boundary of another municipality
said wells shall be located as proximate to the zoning district boundary
as reasonably possible. The landowner shall sample said monitoring
wells at least once each quarter, having prior to that time given
to the Township a minimum of 48 hours' notice of the time of
sampling in order to permit a designated official of the Township
to be present at the time of said sampling. Results of said sampling
shall be supplied to the Township promptly upon receipt. Should the
landowner affect by surface mining activities a public or private
water supply by contamination or interruption, the landowner shall
restore or replace the affected water supply with an alternate source
of water, adequate in quantity and quality for the purpose served
by the supply and shall file with PADEP proof of insurance or bond,
sufficient under PADEP rules and regulations, to affect such restoration
or replacement. The required monitoring wells shall be placed, utilizing
the landowner's forces, within one year after commencement of
mining activities. Precise location of said wells shall be established
following consultation with the Township's Engineer.
The sale of automobiles, trucks, mobile homes and similar activities
are permitted in the C-1 Local Commercial District as a use by right
subject to the following conditions:
A.
Parking areas shall be designed such that vehicles will not reverse
into any public street.
B.
No goods, materials, or equipment for sale or display shall be within
10 feet of the street right-of-way or within a street or driveway
clear sight triangle.
C.
All goods, materials, and equipment which is stored or displayed
out of doors shall be arranged in an orderly manner to permit access
to structures by emergency service vehicles, including fire, ambulance,
and police vehicles.
D.
Outdoor storage areas (as distinct from outdoor display or sales
areas) shall be provided with a screen planting to prevent view of
such areas from adjacent and nearby residential properties and public
streets.
Shopping centers shall be in single ownership or under single
management and shall consist of a harmonious selection of uses and
buildings (or groups of buildings), service and parking areas, and
open spaces, and shall be subject to the regulations of this section.
A.
Uses permitted within shopping centers.
B.
Area and bulk regulations. A tract to be developed as a shopping
center shall satisfy the following requirements.
(1)
Minimum lot area: five acres.
(2)
Minimum lot width at street line: 250 feet.
(3)
Minimum lot width at building line: 250 feet.
(4)
Minimum setback from street right-of-way: 200 feet.
(5)
Minimum side yard (each side): 100 feet.
(6)
Minimum rear yard: 100 feet.
(7)
Maximum extent of impervious surface: 55%.
(8)
Maximum building height: 35 feet.
(9)
Improvements setback: 15 feet.
C.
Design requirements.
(1)
All points of ingress and egress from the shopping center to any
public street shall be located not less than 200 feet from any other
intersecting street or streets and shall be designed to control traffic
in a safe manner. The developer of the shopping center shall be responsible
for the purchase and installation of traffic control devices as may
be required by the Pennsylvania Department of Transportation and the
Township.
(2)
Interior access drives shall be designed so that vehicles entering
or leaving the site shall not be obstructed by vehicles pulling into
or out of a parking space.
(3)
Areas for the loading and/or unloading of service or delivery vehicles
shall be of adequate size and shall be so arranged that they may be
used without blocking or interfering with the interior circulation
system.
(4)
Provisions shall be made for safe pedestrian circulation through
the parking area(s).
(5)
Where shopping carts are provided by a commercial use for use by
the customer, clearly defined areas on the site for the storage of
said carts shall be provided.
(6)
Parking spaces and loading areas shall be provided in conformance with § 220-61 of this chapter. Parking areas are permitted within the required yard areas up to a point 25 feet from a street right-of-way line or a side or rear lot line.
(7)
Lighting for buildings, signs, accessways, and parking areas shall
be arranged such that it will not reflect onto or shine directly upon
public streets or surrounding properties.
(8)
Storage areas for trash and rubbish shall be provided with a screen
planting. All organic waste shall be contained in airtight, verminproof
containers. No such storage area shall be permitted within a required
yard area.
D.
Site plan review and approval. Shopping centers are defined as a type of land development. Therefore, the approval process for a shopping center shall be in accordance with the regulations of Chapter 190, Subdivision and Land Development. No zoning permit shall be issued for a shopping center unless and until the owner or developer thereof has complied with all the provisions of that ordinance and has received final approval for the development under the provisions thereof.
A.
Insofar as is permitted by lot depth, new structures for human use
or occupancy shall be set back from the center line of U.S. Route
222 (SR O222) a minimum of 100 feet. This requirement shall supersede
and be in lieu of the front yard setback required by the applicable
zoning district.
B.
This regulation shall not apply to lots which, at the effective date
of this chapter, had their rearmost property line less than 150 feet
from the center line of U.S. Route 222 (SR O222). In such cases, the
front yard setback required by the applicable zoning district shall
be in effect. Unless a greater distance is prescribed in the applicable
zoning district, an improvement setback of 20 feet is required.
C.
This regulation shall not apply to additions to structures existing
at the effective date of this chapter; however, no addition to an
existing structure shall extend or be located closer to the road than
the existing portion of such structure.
A.
Age-restricted residential developments are permitted in the R-2
Moderate-Density Residential District, the R-4 Multifamily Residential
District and C-1 Local Commercial District as a conditional use. Age-restricted
residential developments are to be accommodated in order to achieve
the following purposes:
(1)
One resident of each unit within an age-restricted residential development
shall be at least 55 years of age or older or shall be a person defined
as "elderly" by the United States of America or the Commonwealth of
Pennsylvania in connection with and for purposes of housing.
(2)
Each community shall be built as a single legal entity and shall
be retained in single ownership. Fee simple absolute sale of units
shall be prohibited. All common facilities to support the needs of
the residents of the community shall remain under a single ownership.
(3)
To encourage the development of a community to service senior citizens
and provide a more efficient use of land and space to service the
senior community.
(4)
To provide for passive recreational activities for the residents
of age-restricted residential development in both exterior and interior
spaces.
(5)
To encourage innovation in age-restricted residential developments
so the growing demand for housing may be met by a greater variety
in type, design and layout of dwellings and by the conversion and
efficient use of open space auxiliary to said units.
B.
Uses permitted within age-restricted residential development.
(2)
Nonresidential uses.
(a)
Activity-type buildings dedicated for use by the age-restricted
community. This structure could house dining, recreational and/or
office space.
(b)
Recreational areas including common open space, walkways and
trails, garden areas, picnic area, and similar improvements.
(c)
Uses clearly accessory to any of the permitted uses, including
but not limited to off-street parking facilities.
(d)
Nonresidential uses are restricted to the use by residents of
the community.
C.
D.
Streets, parking and lighting.
(1)
Streets and roadways:
(2)
Parking requirements:
(a)
A minimum of two off-street parking spaces shall be required
for each dwelling unit. One additional parking space shall be provided
for every four units.
(b)
Activities building parking shall be at the rate of four off-street
parking spaces per 1,000 square feet of said facility.
(c)
No loading space will be required for the activities building.
F.
Design regulations.
(1)
Age-restricted residential developments shall be served by a public
sanitary sewage collection and disposal system, public water supply
system and by a storm sewer system and streetlights conforming to
all applicable ordinances and regulations of the Township. All such
facilities shall be constructed at the expense of the developer.
(2)
When an age-restricted residential development is proposed for a
tract, the design shall include the entire tract.
(4)
Age-restricted residential developments shall include active and
passive recreational amenities in an amount at least equivalent to
the fee-in-lieu of contribution per residence as required by the Maidencreek
Township Parks and Recreations Board.
(5)
Front building facades shall be a minimum of 60% masonry-type construction.
G.
Age-restricted residential development approval process.
(1)
Application for approval of an age-residential development shall be in full compliance with this chapter and all provisions of Chapter 190, Subdivision and Land Development; provided, however, that the provisions of this section applying to age-restricted residential developments shall take precedent over any inconsistent or conflicting provisions of this chapter or the aforesaid subdivision and land development ordinance.
D.
Additional area and bulk requirements:
(1)
A tract to be developed as a lodge or club shall have a minimum lot
area of 10 acres.
(2)
A tract to be developed as a lodge or club shall have a minimum open
space requirement of 40% of the total tract area. This area may include
area attributable to recreational amenities and facilities.
(3)
The maximum impervious surface is 35%.
A.
Power-generation facilities.
(1)
Lot size. Minimum lot size for lots to be used for power generation is 10 acres. Lot size shall be increased if required to meet setbacks as described in § 220-53A(3).
(2)
Power-generation facilities location.
(a)
Power-generation facilities shall be located, sited and constructed
in areas that provide the least visual impact and where they do not
interfere with agricultural and natural resource production and conservation.
(b)
They shall be sited in locations that will not pose a significant
threat to health, safety and security of the community, residents,
schools, livestock, universities or correctional facilities.
(3)
Appearance and visibility of power-generation facility.
(a)
No facility shall be artificially lighted or marked except as
required by applicable laws, ordinances, statutes, codes, rules and
regulations. However, if artificial lighting is required, it shall
be as unobstructive and inoffensive as is possible under appropriate
ordinances, statutes, laws, rules, regulations and codes. The applicant
shall provide a detailed plan for such lighting.
(b)
Power-generation facilities shall be sited and designed to have
the least visually intrusive effect possible on the surrounding area.
Wind turbines, emissions stacks and other towers shall be constructed
of nonreflective materials, painted with a rust-preventive paint of
an appropriate color, and the remainder of the facility shall be designed
to include building materials, colors, textures, and landscaping consistent
with the immediate area and shall utilize concealment technology.
The facilities shall be compatible and blend with the surroundings
and be maintained in a safe and stable condition.
(4)
Security of power-generation facility.
(a)
All turbines, towers, supporting structures including guy wires,
transmitters, transformers, transmission lines, control points, sheds
and other related facilities shall be secured and maintained in such
manner as to prevent access by any persons other than those authorized
to operate or service said facilities. The manner in which the facility
is to be secured shall be based on a security plan subject to the
approval of the Township. In no case shall site perimeter security
fencing be less than 10 feet in height.
(b)
Warning signs shall be conspicuously posted on and around the
perimeter of the property as determined by the Township Engineer.
(5)
General requirements.
(a)
The design, construction and maintenance of the power-generation
facility shall be in accordance with all applicable local, state and
federal ordinances, laws, statutes, codes, rules and regulations and
industry standards and certification of compliance shall be provided
by the applicant.
(b)
All utilities servicing the power-generation facility shall
be installed underground, except for electric lines four KV or above.
(6)
Annual certification. The operator of a power-generation facility
shall annually certify in writing to the Township that is in compliance
with all applicable local, state and federal laws.
(7)
Traffic impact analysis.
(a)
A traffic impact analysis prepared by a professional traffic
engineer shall be provided and shall address all aspects of traffic
safety and improvements which will be necessitated by the traffic
generation of the facility.
(b)
The traffic impact analysis shall contain the following:
[1]
A study impact area determined by the Township Engineer in conjunction
with the owner's traffic engineer.
[2]
An inventory of site conditions which shall include:
[a]
A sketch plan of the proposed development.
[b]
Existing average daily traffic (ADT) on roads within
the study area. This shall include traffic volumes at peak highway
hours and at peak development generated hours.
[c]
Existing levels of service (A through F) as defined
in the Highway Capacity Manual of the Institute of Transportation
Engineers on roads and intersections within the study area. The level
of service for signalized intersections refers to the average stopped
delay per vehicle during a fifteen-minute analysis period.
[d]
List of pending or proposed development within
a reasonable distance of the development and impacted intersections
determined by the Township.
[e]
Other information requested by the Township.
[3]
The impact of the proposed development on the Township's
transportation system, which shall include:
[a]
The number of trips generated by the proposed development
(in and out at peak hours).
[b]
This distribution of trips for all area roads immediately
post development and the future distribution of traffic five years
after development. Note the annual growth rate assumed.
[c]
The estimated average daily traffic on roads within
the study area and the proposed development.
[d]
The levels of service (A through F) as defined
in the Highway Capacity Manual of the Institute of Transportation
Engineers after the anticipated development.
[e]
Documentation of the sources(s) of generated traffic
estimates (such as the Institute of Transportation Engineers, Trip
Generation Report).
[f]
Evaluation of the adequacy of the development's
ingress and egress points.
[4]
Documentation of improvements proposed to mitigate any projected
adverse transportation impacts caused by the proposed development
on Township roads. This shall include, when warranted, such improvements
as road widening, intersection improvements, acceleration/deceleration
lanes, traffic control devices, signs, or other improvements deemed
necessary by the Township.
B.
Additional performance standards for power generation. The following
performance standards shall apply to power-generation facilities within
the Township.
(1)
Air quality. There shall be no emission of smoke, ash, dust, fumes,
vapors gases or other matter toxic or noxious to air which violates
local, state or federal air quality standards and/or rules and regulations.
(2)
Control of noise. Noise that exceeds the standards set forth in Chapter 133, Noise, as amended, shall not be permitted to emanate from the property.
(3)
Control of odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to substantially impair the use and enjoyment of surrounding properties. Any process which may involve the creation or emission of any odors shall be provided with a secondary system, so that control will be maintained if the primary safeguard system shall fail. There is hereby established as a guide in determining such quantities of offensive odors, Table III (Odor Threshold) in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists' Association, Inc., Washington DC.
(4)
Control of glare or heat. Any operation producing intense glare or
heat shall be performed within an enclosed building or behind a solid
fence in such manner as to be completely imperceptible from any point
beyond the lot lines.
(5)
Control of vibration. No vibration which is discernible to the human
sense of feeling shall be perceptible without instrument at any point
beyond the lot line. Vibration which is not discernible to human sense
but which is at low or high frequencies capable of causing discomfort
or damage to life or property is prohibited beyond the property line
and must be monitored and controlled within the property line to meet
acceptable industrial use standards.
(6)
Control of radioactivity or electrical disturbance. There shall be
no activities which emit dangerous or harmful radioactivity. There
shall be no electrical disturbance (except from domestic household
appliances) adversely affecting the operation of any equipment located
beyond the property of the creator of such disturbances.
(7)
Refuse areas, waste disposal and outdoor storage facilities.
(a)
Flammable or explosive liquids, solids or gases shall be stored
in accordance with all federal, state and local laws and regulations.
(b)
All outdoor storage facilities for fuel, raw materials and products
and all fuels and all raw materials and products stored outdoors shall
be secured by a fence or other approved method.
(c)
No materials or wastes shall be deposited or stored upon a lot
in such form or manner that may be transferred off the lot by natural
causes or forces.
(d)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise be attractive
to rodents or insects shall be stored only in closed containers.
(8)
Materials handling, transfer and storage areas. All indoor and outdoor
material handling and transfer storage areas shall provide for accidents
caused by natural occurrence, equipment failure or human error so
as to contain spillage or leakage of solid, liquid or gaseous materials
and to further facilitate the cleanup or dispersal of said materials
without causing damage to life, ecological systems, property or the
sanitary sewer system.
(9)
Electric, diesel, gas or other power. Every use requiring power shall be so operated that the service lines, substation, etc., shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, shall be so constructed, installed, etc., to be an integral part of the architectural features of the plant or if visible from adjacent residential properties, shall be concealed by landscape screening in accordance with Article XV, § 220-53A(3) of this chapter.
(10)
Industrial waste or sewage. No use shall be conducted in such
a way as to discharge any treated or untreated sewage or industrial
waste treatment and disposal except as shall be approved by sanitary
engineers or other qualified persons employed by the Township at the
expense of the owner of the premises. Where the sanitary sewers of
the Township and its municipal authority are involved, approval of
the Sewer Authority shall be required.
(11)
Provision and use of water. All water requirements shall be
stated in the application. Water shall be supplied by the Maidencreek
Township Municipal Authority unless said Authority is unable or so
chooses not to provide water use at which time the applicant may use
well-supplied water. Water may be supplied from wells only after approved
or accepted geologic study furnished by the applicant and certification
by a professional hydrogeologist that the underground water supply
and levels will not be appreciably altered in such a way as to endanger
the water level and supply for other properties.
(12)
New technology of significant hazard potential. Any industrial
process or research activity conducted using chemical, biological
or radiological techniques and agents which are new to the industry
or process and which may present significant hazard to the physical
environment beyond the site of process application or research, or
in which environmental hazards, because of their use, is unknown,
must be disclosed to the Board of Supervisors prior to use.
C.
Supplemental information. In addition to the other requirements of
this chapter, subdivisions and land developments involving the establishment
of power-generation facilities, including but not limited to solar,
water, and wind power shall provide the supplemental information noted
in this section.
(1)
If the applicant is an entity other than a person, the type of entity
shall be identified and it shall submit with the application proof,
satisfactory to the Township, that it is authorized to do business
in the Commonwealth of Pennsylvania, that is properly organized and
operating under the laws of its state of organization and the Commonwealth
of Pennsylvania, and that it has legal authority to make the application,
construct, lease or operate the facility.
(2)
If the applicant is not the person or entity that will be operating
the facility, the applicant shall, in writing, identify the operator
by name, address and telephone number.
(3)
A diagram, drawn to scale, setting forth distances, dimension and
heights for all structures, landscaping, trees, fences, existing or
proposed, located within 500 feet of the property boundary of the
proposed facility.
(4)
A narrative description with diagrams, drawings and plans, done to
scale, of the proposed power-generation structures and all related
fixtures, appurtenances, and apparatus, materials, color, lighting
and height above present existing grade.
(5)
The applicant shall submit proof that the proposed facility is permitted
and/or licensed or will be permitted and/or licensed at or prior to
final plan approval. The applicant shall submit as proof, as applicable,
copies of the permits and/or licenses required by law, rule, ordinance,
regulation and code, including, but not limited to the PA DEP, PUC,
U.S. EPA and United States Department of Energy (U.S. DOE) license
applicable to the intended use of the facility.
(6)
The applicant shall demonstrate that the site is adequate to assure
the stability of the proposed facility after considering such matters
as are appropriate, including but not limited to topographic and geomorphologic
studies and analysis, subsurface and substrate conditions, drainage
plans, and biological resource surveys.
(7)
The applicant shall submit an environmental impact assessment report satisfactory to the Township in accordance with § 220-79 of this chapter.
(8)
A hazardous and solid waste management plan shall be prepared and
submitted that documents the type and amount of wastes, storage and
disposal methods, and an emergency response action plan shall be submitted
that meets local, county, state and federal requirements. No final
plan shall be approved unless the hazardous and solid waste management
plan is approved by the Township.
(9)
The applicant shall submit a visual impact assessment which shall
include:
(a)
A Zone of Visibility Map to determine the locations from which
the facility may be observed;
(b)
Pictorial representations of key viewpoints as may be appropriate,
including but not limited to public roads, public parks, public lands,
historic districts and sites and from such other locations where the
site is visible to large numbers of persons;
(c)
An assessment of the visual impact of the facility as it relates
to appropriate screening; and
(d)
Any applicable assessments from the Pennsylvania Historic and
Museum commission related to historic property impacts.
(10)
The applicant shall submit a plan for water discharge, detailing
how local, state and federal water quality requirements will be met
and how water will be cooled to the average seasonal temperature of
the receiving body prior to discharge in order to prevent thermal
pollution.
(11)
The applicant shall submit a written determination as to the
necessity of lighting the power-generation facility or any of its
components in accordance with Federal Aviation Administration (FAA)
regulations, as well as all correspondence and filing with, to and
from the FAA.
(12)
All certifications, reports, materials, drawings, diagrams or
similar materials shall be prepared, signed and attested to be accurate
and correct by a person, persons, or entity, satisfactory to the Township,
who, by training or education or both is, in the judgment of the Township,
qualified to prepare them; when appropriate, the person preparing
these certifications, reports, drawing, diagrams, and related material
shall be an engineer licensed by the Commonwealth of Pennsylvania.
A.
In order to more effectively evaluate a proposed subdivision and/or
land development in the Industrial or SIA Zoning Districts, the applicant
shall be required to disclose the environmental consequences or effects
of such proposals through the submission of an environmental impact
assessment (EIA) report.
C.
The EIA report shall contain text, tables, maps and analyses which
document the probable impact resulting from the proposed subdivision
and/or land development in accordance with the format and content
outline specified below.
D.
Eight copies of the EIA report shall be submitted in accordance with
the format and content specified below. Within the EIA report, specific
emphasis shall be directed toward the proposed project's effects
on and relationship to applicable site, neighborhood (including areas
in adjacent townships where applicable) and Township-wide resources,
conditions or characteristics. The EIA report shall include text,
tables, maps and analyses for the purpose or describing the project
site, proposed uses(s), environmental characteristics and the environmental
effects of the proposal.
E.
Methods for evaluating cumulative environmental effects will depend
upon the availability of data, but the scope and goal of the evaluation
should remain consistent. Methods may involve one or more of the following:
F.
The EIA report shall be prepared by a registered engineer, architect,
landscape architect or land planner and shall address the following
issues presented below.
(1)
An identification of the site location and area through the use of
a location map drawn at a scale of not more than 2,000 feet to the
inch. The location map shall depict all streets, adjoining properties,
zoning district boundaries and municipal boundaries within 3,000 feet
of any part of the tract. In the case of development of a section
of the entire tract, the location map shall also show the relationship
of the section to the entire tract.
(2)
An identification of the site character and appearance through the
presentation of photographs. Such photographs shall provide a representation
of what the site looks like from the ground. Photographs should be
properly identified or captioned and shall be keyed to a map of the
site.
(3)
An identification of the nature of the proposals through the presentation
of the following:
(a)
A site development plan including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract and a depiction of the features which are proposed such as streets, driveways, parking area, buildings and other structures, and all impervious surfaces. The plan shall be drawn at a scale of not more than 100 feet to the inch and may be submitted as an attachment to the report. The plan shall reflect all the information required for a preliminary plan under Chapter 190, Subdivision and Land Development.
(b)
Plans and elevations depicting the proposed size, square footage,
height, number of rooms (where applicable) of buildings and/or other
structures.
(c)
A statement indicating the existing and proposed ownership of
the tract and, where applicable, the type of ownership, operation
and maintenance proposed for areas devoted to open space or otherwise
not under the control of a single lot owner.
(4)
An identification of physical resources associated with the natural
environment of the tract, including such features as geology, topography,
soils, hydrology and the like. The identification of physical resources
shall include a narrative description of the qualitative and quantitative
aspects of each of the resources mentioned above. In addition, these
resources shall be mapped at a scale of not more than 100 feet to
the inch as specified below and may be either incorporated into the
EIA report or submitted as attachments to the report.
(a)
A map depicting the geological characteristics of the tract.
Such map shall define the location and boundaries of the rock formations
at or influencing the tract and features such as faults and/or fractures.
(b)
A map depicting the topographical characteristics of the tract.
Such map shall contain contours with at least two-foot intervals;
and, shall depict slopes from 0% to 4%, 4% to 10%, 10% to 15%, 15%
to 25%, and greater than 25%.
(c)
A map depicting the soil characteristics of the tract. Such
map shall depict all soil types and shall include a table identifying
soil characteristics pertinent to the proposed subdivision and/or
land development such as depth of bedrock, depth of water table, flood
hazard potential, and limitations for septic tank filter fields.
(d)
A map depicting the hydrological characteristics of the tract.
Such map shall depict: surface water resources, their drainage characteristics,
watershed and floodplains, and groundwater resources. Surface water
resources include features such as creeks, runs and other streams,
ponds, other natural bodies of water, springs, wetlands, and any man-made
impoundments. Groundwater resources include features such as aquifers
and aquifer recharge areas.
(5)
An identification of biological resources associated with the natural
environment of the tract including such features as vegetation and
wildlife. The identification of biological resources shall include
a narrative description of each of the resources mentioned above.
In addition, these resources shall be mapped at a scale of not more
than 100 feet to the inch, as specified below; and, may be either
incorporated into the EIA report or submitted as attachments to the
report.
(a)
A map depicting the vegetation characteristics of the tract.
Such map shall define the locations and boundaries of the wooded areas
of the tract and shall note the types of vegetation associations which
exist in terms of their species types and sizes. In addition, all
trees 12 inches in caliper or greater shall be accurately located
on the map either as freestanding trees or as tree masses.
(b)
A map depicting characteristics associated with wildlife habitats.
Such map may draw upon the vegetation, hydrology and soil maps in
order to express habitat characteristics associated with terrestrial
and aquatic wildlife on the tract and the relationship of the overall
habitat(s).
(6)
An identification of the land use conditions and characteristic associated
with the tract such as: current and past use, land cover, and encumbrances;
and, the relationship of these to adjacent tracts. The identification
of land use conditions and characteristics shall include a narrative
description of the above. In addition, the following maps drawn at
a scale of not more than 100 feet to the inch, unless otherwise noted,
shall be incorporated into the EIA report or submitted as attachments
to it.
(a)
A map depicting the land cover characteristics of the tract.
Such map shall define existing features, including paved or other
impervious surfaces, wooded areas, cultivated areas, pasture, old
fields, lawns and landscaped areas and the like.
(b)
A map depicting any encumbrances to the tract. Such map shall
define easements and other areas where certain use privileges exist.
(c)
A map depicting the land uses adjacent to the proposed tract.
Such map may be at the same scale as the location map.
(7)
An identification of the visual resources associated with the tract
and surrounding areas such as areas which have a particular amenity
value and areas which offer interest in viewing the tract. The identification
of visual resources shall include a narrative description of the above.
In addition, a map drawn at a scale of not more than 100 feet to the
inch depicting visual resources shall be incorporated into the EIA
report or submitted as an attachment to the report.
(8)
An identification of the relationship of the transportation and circulation
system needs of the proposed subdivision and/or land development to
the existing street or highway network. A discussion of this relationship
shall be in narrative form and shall indicate factors such as methods
to be used for traffic control within the tract and at points of ingress
to and egress from it; and expected traffic volumes generated from
the subdivision and/or land development including their relationship
to existing traffic volumes on existing streets for both peak-hour
and non-peak-hour traffic conditions. In addition, there shall be
a discussion of the physical condition of existing streets which will
service the proposed subdivision and/or land development and what
improvements are proposed to remedy any physical deficiencies.
(9)
An identification of characteristics and conditions associated with
existing, construction-related, and future air and water quality and
noise levels, vibration, toxic materials, electrical interference,
odor, glare and heat, fire and explosion, smoke, dust, fumes, vapors
and gases and/or radioactive materials.
(10)
The implications of the proposed subdivision and/or land development in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed subdivision and/or land development to the resources, conditions and characteristics described in Subsection F(4) through (14). In addition to a narrative presentation of implications, the applicant shall display where the subdivision and/or land development adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of not more than 100 feet to the inch, wherein the areas adversely affected from proposed development are highlighted. Such map(s) may be either incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the subdivision and/or land development plan. Potential environmental impacts resulting from the proposed subdivision and/or land development can be defined as: cumulative, direct, indirect, positive, negative, or combination of above. Typical impacts from a proposed development may occur in the following areas:
(a)
Landforms (topography, floodplains, related water quality).
(b)
Subsurface conditions (soils, groundwater).
(c)
Hydrology (drainage, stormwater, water quality, water supply).
(d)
Wildlife and vegetation (vegetation, endangered species parklands,
conservation areas, ecologically critical areas).
(e)
Land use (existing zoning, land use, proposed community comprehensive
plans, productive farmland or timberland).
(f)
Natural hazards (seismic, other).
(g)
Cultural resources (historic concerns, architecturally sensitive,
archaeologically sensitive).
(h)
Utilities/services (energy, solid waste disposal, water supply,
sewer system and drainage).
(i)
Socioeconomic (employment, demographics, income levels, aesthetic
quality, housing, retail markets, fiscal impacts).
(j)
Transportation (traffic volumes, traffic circulation, parking,
public transit system).
(k)
Hazardous materials (underground storage tanks, site contamination,
storage of hazardous substances, other).
(l)
Air/noise (air quality, ambient noise).
(11)
Alternatives to the proposed subdivision and/or land development.
To indicate such alternatives, the applicant shall submit exhibits
or diagrams which will depict the type of alternatives such as: revised
location, redesign, layout or siting of buildings, roads and other
structures, alternate methods for sewage disposal and water supply,
reduction in size of proposed structures or number of structures,
and the like would preclude, reduce or lessen potential adverse impact
or produce beneficial effects.
(12)
Probable adverse effects which cannot be precluded. In indicating
such effects, a discussion shall be presented regarding whether they
will have primary or secondary implications; that is, whether the
adverse effects will have direct or indirect influence on a particular
resource, condition or characteristic.
(13)
Measures to mitigate adverse effects. To indicate such measures,
the applicant shall submit exhibits or diagrams which will depict
the type of remedial, protective and mitigative measures described
in narrative form. These resources shall include those required through
existing procedures and standards and those unique to a specific project,
as follows:
(a)
Mitigation measures which pertain to existing procedures and
standards are those related to current requirements of the state,
county and/or Township for remedial or protective action such as:
sedimentation and erosion control, stormwater runoff control, water
quality control, air quality control and the like.
(b)
Mitigation measures related to impacts which may be unique to
a specific subdivision and/or land development are those related to
efforts such as: revegetation, screening, fencing, emission control,
traffic control, noise control, relocation of people and/or businesses,
land acquisition, and the like.
(14)
Any irreversible environmental changes which would occur due
to the proposed subdivision and/or land development should it be implemented.
To indicate such changes, the use of nonrenewable resources during
the initial and continued phases of the subdivision and/or land development
shall be discussed. Further, the loss of environmental resources shall
be indicated through a presentation of the quantity of loss and related
qualitative effects.
G.
In making its evaluation, the Board of Supervisors, the Zoning Hearing
Board and/or the Planning Commission may request any additional information
it deems necessary to adequately assess potential environmental impacts.
Further, whenever any information requested in a subsection above
is not applicable to the proposed subdivision and/or land development,
the applicant shall document such inapplicability in the EIA report.
A.
Congregate-care facilities; assisted-living facilities; and/or personal-care
homes shall be designed to achieve the following purposes:
(1)
Each such facility shall be built as a single legal entity and shall
be retained in single ownership. Fee simple absolute sale of units
shall be prohibited. All common facilities to support the needs of
the residents of the facility shall remain under a single ownership.
(2)
To encourage the development of a community to service adults who
can no longer live safely in a fully independent lifestyle, and who
require some level of care and assistance with some or all of the
activities of daily adult living.
(3)
To provide for appropriate recreational activities for the residents
in both exterior and interior spaces.
(4)
To encourage innovation in design so the growing demand for housing
may be met by a greater variety in type, design and layout of dwellings
and by the conversion and efficient use of open space auxiliary to
said units.
B.
Uses permitted within congregate-care facilities, assisted-living
facilities and personal-care homes:
(2)
Nonresidential uses.
(a)
Activity centers intended for use by the residents. These centers
may include dining, recreational, retail and/or office space.
(b)
Recreational areas including exercise areas, common open space,
walkways and trails, garden areas, picnic area, and similar improvements.
(c)
Medical offices and rehabilitation center.
(d)
Uses clearly accessory to any of the permitted uses including
but not limited to off-street parking facilities.
(e)
Nonresidential uses are restricted to the use by residents of
the community and their guests. However, the management of such congregate
care, assisted-living facilities, or personal-care homes shall be
permitted to open common areas of such facilities for use by community
organizations for public and/or private meetings, at their discretion.
C.
Area and density requirement for congregate-care facilities, assisted-living
facilities and personal-care homes:
(1)
Area requirements.
(a)
A tract to be developed as a congregate-care facility, assisted-living
facility or personal-care home shall have a minimum lot size of five
acres in the C-1 District and two acres in the C-R District.
(2)
The gross residential density of a congregate-care facility, assisted-living
facility or personal-care home shall not exceed 25 dwelling units
per acre.
(3)
Lot setbacks:
(a)
Except for parking spaces, no building or structure shall be
located closer than 50 feet to the boundary line of the tract being
developed. Uncovered patios and stoops may project five feet from
the building or structure.
(b)
No building or structure shall be located closer than 50 feet
to the street right-of-way line.
(4)
Standards for buildings:
(a)
Maximum building height: livable area may not exceed 35 feet;
ornamental structures on the building may not exceed 40 feet.
(b)
When two or more congregate-care facility, assisted-living facility
or personal-care home facility buildings or structures are to be constructed
on a single tract of land, each individual building or structure shall
be separated by a minimum of 100 feet.
D.
Streets, parking and lighting.
(1)
Streets and roadways:
(a)
Streets and driveways may be private, but shall be constructed
to Township standards.
(b)
Curbs shall be in accordance with Township standards.
(c)
Sidewalks shall be in accordance with Township standards.
(d)
Roadway pavement thickness specifications shall conform to Township
standards.
(e)
Lighting shall be in accordance with Township standards.
(2)
Parking requirements:
(a)
Resident parking shall be designed with a minimum of one off-street
parking space for every dwelling unit.
(b)
Employee parking shall be required with a minimum of one off-street
parking space for each employee based upon the highest number of employees
in a particular shift.
(c)
Visitor parking shall be required with a minimum of one off-street
parking space for each 10 dwelling units.
(d)
All parking spaces shall be setback a minimum of at least 15
feet from the property line.
(e)
An off-street loading area shall be provided that will not interfere
with pedestrian or vehicular traffic.
(f)
An emergency vehicle pickup area shall be provided.
F.
Design regulations.
(1)
All congregate-care facilities, assisted-living facilities and personal-care
homes shall be served by a storm sewer system conforming to all applicable
ordinances and regulations of the Township. All such facilities shall
be constructed at the expense of the developer.
(2)
All congregate-care, assisted-living facilities and personal-care
homes shall have exterior trash storage facilities. All assisted-living
facilities shall also have a designated medical waste storage facility
and pickup area.
(3)
When a congregate-care facility, assisted-living facility or personal-care
home is proposed for a tract, the design shall include the entire
tract.
(4)
The maximum impervious surface coverage associated with a facility
shall be 65% of the gross site area in the C-1 District and 45% of
the gross site area in the C-R District.
(5)
The maximum building footprint associated with the facility shall
be 50,000 square feet in the C-1 District and 3,000 square feet in
the C-R District.
(7)
Recreational facilities for a congregate-care facility, assisted-living
facility or personal-care home shall include:
(8)
All congregate-care facilities, assisted-living facilities and/or
personal-care homes shall be designed, maintained, and sized in accordance
with the most restrictive applicable state and federal regulations.
In the event of a discrepancy between this chapter and the state and/or
federal regulation, the most restrictive state and/or federal regulation
shall apply.
(9)
All congregate-care facilities, assisted-living facilities and/or
personal-care homes shall have an emergency management plan in effect
for response to catastrophic events.
(10)
All congregate-care facilities, assisted-living facilities and/or
personal-care homes shall have fire access on all four sides of a
building. In the event a facility is designed with more than four
exterior walls, this provision shall not be construed to require fire
access on every exterior wall of the building.
(11)
All congregate-care facilities, assisted-living facilities and/or
personal-care homes shall have an automatic sprinkler fire suppression
system.
G.
Land development plan approval process for congregate-care facilities,
assisted-living facilities, and personal-care homes.
(1)
All applications shall be in full compliance with this chapter and all provisions of Chapter 190, Subdivision and Land Development; provided, however, that the provisions of this section applying to congregate-care facility, assisted-living facility, and/or personal-care home shall take precedence over any inconsistent or conflicting provisions of this chapter or the aforesaid subdivision and land development ordinance.
A.
Purpose.
(1)
To accommodate the need for cellular communications antennas while
regulating their location and number in the Township.
(2)
To minimize adverse visual effects of wireless communications antennas
and support structures through proper design, siting and vegetative
screening.
(3)
To avoid potential damage to adjacent properties from antenna support
structure failure and falling ice, through engineering and proper
sighting of antenna support structures.
(4)
To encourage the joint use of existing and any new antenna support
structures to reduce the number of such structures needed in the future.
(5)
At the discretion of the Maidencreek Township Board of Supervisors,
municipal uses for the purposes of police protection, fire protection,
ambulance service and road maintenance shall be exempt from these
regulations.
B.
Use regulations. This section addresses the various types of wireless
communication facilities (WCFs) permitted in the Township either as
a use by right or by conditional use in all or selected zoning districts.
The following table presents an overview of the various WCF uses and
where they are permitted.
|
WCF Uses Permitted By Zoning District
| |||
|---|---|---|---|
|
WCF Use Type
|
Permitted By
|
Zoning District(s) Permitted
| |
|
Towers on municipal property § 220-81B(1)(a)
|
By right
|
All districts
| |
|
New antenna/existing structure(1) § 220-81B(1)(b) Districts
|
By right
|
All nonresidential
| |
|
Antenna/equipment replacements § 220-81B(1)(c)
|
By right
|
All districts
| |
|
New antenna co-location on existing tower(2) § 220-81B(1)(d)
|
By right
|
All districts
| |
|
Relocation of existing tower § 220-81B(2)(a)
|
Conditional use
|
All districts
| |
|
New antenna/existing structure(3) § 220-81B(2)(b)
|
Conditional use
|
All districts
| |
|
New communication tower outside of public ROW § 220-81B(2)(c)
|
Conditional use
|
Industrial district
| |
|
New communication tower inside of public ROW § 220-81B(2)(d)
|
Conditional use
|
All districts — inside ROW of Rt. 222 and Park Road
| |
|
New nontower WCF inside public ROW § 220-81B(2)(e)
|
Conditional use
|
All districts — inside public street ROW's
| |
|
NOTES:
| ||
|---|---|---|
|
(1)
|
Height increase of existing structure by 20 feet or less.
| |
|
(2)
|
Compliant with "No Substantially Change" standards.
| |
|
(3)
|
Height increase of existing structure in excess of 20 feet.
| |
(1)
Permitted uses by right. The following wireless communication facilities
are permitted as a use by right in all or selected zoning districts
subject to the specific requirements set forth below.
(a)
Towers on municipal property. Antennas and/or towers (tower-based
or nontower based WCFs), as regulated and defined by this Chapter,
are permitted by right on land owned or controlled by Maidencreek
Township without the need for a conditional use approval, provided
a license and/or lease authorizing such antenna and/or tower has been
approved by Maidencreek Township.
(b)
New antenna/existing structure. A new cell site antenna (nontower
WCF) may be located on an existing smoke stack, water tower, farm
silo or other tall structure in all nonresidential zoning districts
provided:
[1]
Submission of a zoning permit for the cell site antenna.
[2]
Provide a report from a structural engineer licensed in the
State of Pennsylvania on the structural adequacy of the existing structure
to accommodate the added weight and wind load of the proposed antenna
location.
[3]
That the height of the antenna shall not exceed the height of
the existing structure by more than 20 feet above the permitted height
of the applicable zoning district.
[4]
Building-mounted communications antennas shall not be located
on any single-family dwelling.
[5]
Omnidirectional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter.
[6]
Directional or panel communications antennas shall not exceed
five feet in height and three feet in width.
[7]
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
[8]
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit detailed construction
and elevation drawings indicating how the antennas will be mounted
on the structure for review by the Township Engineer for compliance
to applicable building codes.
[9]
The antenna complies with all applicable FCC and FAA regulations.
[10]
The antenna complies with all applicable building
codes.
(c)
Antenna/equipment replacements. Replacements of existing antennas
or existing equipment such as electrical cabinets are permitted to
be replaced in all zoning districts subject to:
[1]
Submission of a zoning permit for the antenna/equipment replacement.
[2]
Provide a report from a structural engineer licensed in the
State of Pennsylvania on the structural adequacy of the existing cell
tower to accommodate the added weight and wind load.
[3]
Submission of a plan set and other information as appropriate
to show the proposed replacement work.
[4]
The replacement antenna array(s) comply with all applicable
FCC and FAA regulations.
[5]
The replacement array(s) comply with all applicable building
codes.
(d)
New antenna co-location. Location of a new antenna array on
an existing cell tower is encouraged over the construction of a new
tower location. Co-location of new antennas on existing towers is
permitted in all zoning districts subject to:
[1]
Submission of a zoning permit for the antenna co-location.
[2]
Submission of a plan set and other information as appropriate
to show the proposed co-location work.
[3]
Provide a report from a structural engineer licensed in the
State of Pennsylvania on the structural adequacy of the existing cell
tower to accommodate the added weight and wind load of the new antenna
array.
[4]
The proposed antenna co-location will be reviewed to determine if it is considered as a "substantial change" or one which "does not substantially change" the wireless support structure (see § 220-11 definition of "substantial change").
[5]
Timing of the zoning application for a new co-location antenna will be approved within the time frames set forth under § 220-81C. Should a zoning variance be required due to a height conflict, the prescribed review period will not start until the required zoning approval has been secured and the application is then deemed to be complete.
[6]
The new co-location antenna array complies with all applicable
FCC and FAA regulations.
[7]
The new co-location antenna array complies with all applicable
building codes.
(2)
Uses permitted by conditional use. The following wireless communication facilities are permitted subject to conditional use approval from the Maidencreek Township Board of Supervisors, in all or specific zoning districts subject to the specific requirements set forth below in additional to those presented in § 220-81C below.
(a)
Relocation of an existing tower.
[1]
A tower which is being rebuilt to accommodate the co-location
of an additional antenna may be moved on its site within 50 feet of
its existing location as long as all other applicable requirements
have been met.
[2]
After the tower is rebuilt to accommodate co-location, only
one tower may remain onsite.
[3]
A relocated onsite tower shall continue to be measured from
the original tower location for purposes of calculating separation
distances between towers pursuant to these regulations. The relocation
of a tower hereunder shall in no way be deemed to cause a violation
of these regulations.
[4]
The onsite relocation of a tower which comes within the separation
distances to residential units or residentially zoned land shall only
be permitted with additional approvals.
(b)
New antenna/existing structure. A new cell site antenna (nontower
WCF) to be located on an existing smoke stack, water tower, farm silo
or other tall structure in all nonresidential zoning districts where
the height of the new antenna will exceed the height of the existing
structure in excess of 20 feet shall require conditional use approval
provided:
[1]
Submission of a zoning permit for the cell site antenna.
[2]
Provide a report from a structural engineer licensed in the
State of Pennsylvania on the structural adequacy of the existing structure
to accommodate the added weight and wind load of the proposed antenna
location.
[3]
Building-mounted communications antennas shall not be located
on any single-family dwelling.
[4]
Omnidirectional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter.
[5]
Directional or panel communications antennas shall not exceed
five feet in height and three feet in width.
[6]
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
[7]
Any applicant proposing communications antennas to be mounted
on a building or other structure shall submit detailed construction
and elevation drawings indicating how the antennas will be mounted
on the structure for review by the Township Engineer for compliance
to applicable building codes.
[8]
The antenna complies with all applicable FCC and FAA regulations.
[9]
The antenna complies with all applicable building codes.
(c)
New communication tower outside public rights-of-way. New communication towers (tower-based WCFs) outside of public rights-of-way are permitted in the I Industrial District subject to conditional use approval. Consideration for approval would be subject to compliance with the criteria listed below as well as those of § 220-81C of this Chapter:
[1]
Annual permit fee. The applicant shall pay the Township an annual
Permit Fee as set by Resolution by the Board of Supervisors.
[2]
Location. The applicant shall be required to demonstrate, using
technological evidence, that the tower-based WCF must be located where
it is proposed.
[3]
Height. The applicant must demonstrate that the tower-based
WCF is the minimum height required to function satisfactorily. Maximum
height of the tower shall be 200 feet. Accessory facilities shall
meet the height requirements of the zoning district in which it is
located.
[4]
Structure design. The applicant shall demonstrate that the proposed
tower-based WCF is safe and that the surrounding area will not be
negatively affected by support structure failure, falling ice or other
debris, electrometric fields, radio or satellite frequency interference.
A licensed professional engineer shall certify that the tower can
structurally accommodate the number of shared users being proposed
by the applicant and that the tower meets the setback, requirements,
separation distances.
[5]
Fence. A fence shall be required around the tower-based WCF
and other equipment. The fence shall be eight feet in height. Any
wire on top of the fence shall not be included in the measurement
of the height of the fence.
[6]
Landscaping. The following landscaping shall be required to
screen as much of the tower-based WCF support structure as possible,
the fence surrounding the support structure, and any other ground-level
features (equipment cabinets, etc.):
[a]
An evergreen screen shall be required to surround
the site. The screen can be either a hedge or a row of evergreen trees.
The evergreen screen shall be a minimum height of six feet at planting,
and shall grow to a minimum height of 15 feet at maturity.
[b]
In addition, the existing vegetation on and around
the site shall be preserved to the greatest extent possible.
[7]
Parking spaces. If the tower-based WCF is fully automatic, two
off-street parking spaces shall be required. If the site is not automated,
the number of required parking spaces shall equal the number of people
in the largest shirt, but in any event, may not be less than two off-street
parking spaces.
[8]
Other permitted uses. All other uses associated with the tower-based
WCF, such as a business office, transmission studio, maintenance depot,
or vehicle storage, shall not be located on the site unless the use
is otherwise permitted in the zoning district in which the site is
located.
[9]
Accommodating use. In order to reduce the number of tower-based
WCFs needed in the Township in the future, any proposed support structure
shall be designed to accommodate other users, including but not limited
to police, fire and emergency services. Prior to proposing the construction
of a new tower, the applicant shall demonstrate that a reasonable
effort has been made to site the antenna on an existing tower or structure
within close proximity of the choses site. Space for Township communication
systems, if desired by the Township, shall be made available at no
cost.
[10]
Building permit. The applicant shall obtain a
building permit in accordance with Township requirements prior to
commencement of construction for any tower-based WCF.
[11]
Federal Communication Commission. If the use of
a tower-based WCF requires licensing by any state or federal agency,
including but not limited to the Federal Communications Commission
(FCC), the applicant shall present evidence that it has obtained such
license. The applicant shall demonstrate that the proposed wireless
communication tower and communications antennas proposed to be mounted
thereon comply with all applicable standards established by the FCC
governing human exposure to electromagnetic radiation.
[12]
Lighting. No wireless communication towers shall
be artificially lighted except when required by the Federal Aviation
Administration or by state regulations. Communication towers shall
comply with all applicable federal Aviation Administration, Commonwealth
Bureau of Aviation and applicable airport zoning regulations.
[13]
Lot requirements. A new tower-based WCF may be
permitted as the sole use on a lot, or in combination with an existing
use, except residential, subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable zoning district, and need not be affiliated
with the WCF.
[b]
The minimum lot size shall comply with the applicable
district and shall be the area needed to accommodate the tower-based
WCF, its guy wires, the equipment building, security fence, and buffer
plantings in addition to the existing use.
[c]
The minimum lot size for a stand-alone WCF lot
shall be one acre.
[14]
Setbacks. The setback of a tower-based WCF from
all property lines, existing street right-of-way lines and aboveground
utility lines shall be no less than the height of the tower. All guy
wire anchors shall be setback a minimum of 40 feet from the property
lot lines and existing street right-of-ways. No more than one tower
shall be permitted on a single lot.
[15]
Signs. No portion of any communication tower or
antenna shall be used for a sign or other advertising purpose. No
routine lighting of a tower, antenna, or accessory facilities shall
be permitted.
[16]
The WCF shall employ the most current stealth
technology in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. Application of the stealth
technology chosen by the applicant shall be subject to approval of
the Township.
[17]
Annual certification. In January of each year,
an inspection shall be performed by an independent engineer acceptable
to the Township and paid by the applicant, and verification shall
be provided to the Township zoning officer that there have been no
changes in the operating characteristics of the commercial tower-based
WCF as approved at the time of conditional use application, including
at minimum:
[a]
Direction of the signal.
[b]
Frequency, modulation and class of service.
[c]
Transmission and maximum effective radiated power.
[d]
Manufacturer, type and model of equipment.
[e]
Height of antenna.
[f]
Name, address and emergency telephone number of
the operator.
[g]
Copy of current FCC license.
[h]
Review of all reasonable requests of shared use
of the tower.
[18]
Geotechnical investigation. The owner shall complete
and submit geotechnical evaluation of the site in which the communications
tower is to be located. The owner shall demonstrate how the proposed
tower and related infrastructure is to be stabilized and anchored.
[19]
Land development plan. A full site plan prepared
by either a registered surveyor or a professional engineer, with elevations
prepared by a professional engineer, shall be required for tower-based
WCF sites showing the communication tower, buildings, fences, buffering,
access, and any accessory structures. Said plan shall be in accordance
with all applicable Subdivision and Land Development ordinance requirements
of the Township.[1]
[20]
Occupancy permit. Prior to a certificate of use
and occupancy being issued, the applicant shall provide an engineer's
certification that the tower is constructed as designed and shall
submit the same to the zoning officer.
[21]
Access. Access shall be provided to the tower-based
WCF by means of a public street or easement to a public street. The
easement shall be a minimum of 20 feet in width and shall be improved
to a width of at least 10 feet with a dust-free, all weather surface
for its entire length.
[22]
If a tower-based WCF is to be designed as a structure
or natural feature, the communications tower and antenna shall be
disguised and/or camouflaged within the surrounding area. The type,
style, color, design, size and location of the disguised and/or camouflaged
communications tower and antenna shall be subject to the approval
of the Township Board of Supervisors as part of the conditional use
process.
[23]
Removal. The applicant shall submit a plan for
the removal of a tower-based WCF when it becomes functionally obsolete
or is no longer in use. Any antenna or tower that is not operated,
and for which there is no intent or attempt to operate, for a continuous
period of time of 12 months shall be considered abandoned, and the
owner of such tower or antenna shall remove the same within 90 days
after receipt of notice from the Township notifying the owner of such
abandonment. Failure to remove an abandoned antenna or tower within
said 90 days shall be grounds to remove the tower or antenna at the
owner's expense. If there are two or more users of a single tower,
then this provision shall not become effective until all users have
abandoned the tower or antenna.
[24]
Replacement. When future technology avails itself with radiation
suppressant devices and/or less harmful equipment to humans, such
equipment shall replace dated equipment as soon as possible.
[Added 11-14-2019 by Ord. No. 250]
(d)
New communication tower inside public rights-of-way. New communication
towers (tower-based WCFs) of 40 feet or shorter may be permitted inside
the public right-of-way of Rt. 222 and Park Road throughout the Township,
regardless of the underlying zoning district, provided they are compliant
with the following:
[1]
The location of the proposed tower-based WCF inside public right-of-way
is not located within 50 feet of an area in which utilities are underground.
[2]
Tower-based WCFs inside public right-of-way are prohibited in
residential areas or areas in which utilities are located underground.
[3]
Tower-based WCFs inside public right-of-way shall not be located
in the front facade area of any structure.
[4]
The Township and PennDOT shall determine the time, place and
manner of construction, maintenance, repair and/or removal of all
tower-based WCFs in the public right-of-way based on public safety,
traffic management, physical burden on the right-of-way, 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.
[5]
Securing of a highway occupancy permit (HOP) from PennDOT as
may be required when the proposed WCF is within a state highway right-of-way.
[6]
Tower-based WCFs inside public right-of-way and related equipment
shall be located 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 right-of-way as determined by the Township and PennDOT.
In addition:
[a]
In no case shall ground-mounted related equipment,
walls, or landscaping be located within 18 inches of the face of curb
or a minimum of two feet from edge of cartway if no curb. The location
of new poles and other aboveground facilities shall be installed outside
the shoulder and highway zone as near to the right-of-way line as
practicable, under the HOP and applicable PennDOT design provisions.
[b]
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 and PennDot.
[c]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on the tower or on any related equipment
shall be removed at the sole expense of the WCF owner.
[e]
Any underground vaults related to tower-based WCFs
shall be reviewed and approved by the Township and PennDOT.
[f]
The WCF shall employ the most current stealth technology
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the stealth technology
chosen by the applicant shall be subject to approval of the Township
and PennDot.
[g]
Any proposed WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennae and comparable antennae for future users.
[h]
As part of the application for a new pole/towe-based WCF within the public right-of-way, the applicant shall document compliance with the requirements of § 220-81B(2)(d)[1] through [6] above. In addition, the application should include:
[Amended 11-14-2019 by Ord. No. 250]
[i]
Submission of a zoning permit.
[ii]
Submission of a detailed site and engineering plans for each
proposed WCF installation including all associated equipment necessary
for operation.
[iii]
Photographs of proposed WCF antenna and equipment.
[iv]
Visual impact analysis with photo simulations.
[v]
If any associated ground or underground equipment is proposed
to be located outside of the public right-of-way, a copy of an easement
agreement from the property owner on whose property the facilities
are to be located shall be provided.
(e)
New nontower WCF inside public rights-of-way.
[Amended 11-14-2019 by Ord. No. 250]
[1]
New nontower WCFs located within the public right-of-way shall be
co-located on existing poles, such as utility poles or light poles.
If co-location is not technologically feasible, the WCF applicant
shall locate its nontower WCFs on existing poles or freestanding structures
that do not already act as wireless support structures with the approval
of the Township and PennDOT.
[2]
Should none of the above location options be feasible and a new pole
is proposed by the applicant, the proposed pole shall be 35 feet in
height or less, or 110% of the height of poles in the surrounding
streetscape, whichever is higher. In addition, any of the new WCFs
covered under this subsection shall be compliant with the following:
[a]
WCF installations located above the surface grade in the public
right-of-way, including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are not 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.
[b]
Antenna 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]
The Township and PennDOT shall determine the time, place and
manner of construction, maintenance, repair and/or removal of all
tower-based WCFs in the public right-of-way based on public safety,
traffic management, physical burden on the right-of-way, 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]
Nontower WCFs and related equipment shall be located 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 right-of-way
as determined by the Township and PennDOT. In addition:
[i]
In no case shall ground-mounted related equipment, walls, or
landscaping be located within 18 inches of the face of curb, within
two feet of the edge or cartway if no curb, or within an easement
extending onto a privately owned lot.
[ii]
For sites in residential developments where utilities are underground,
ground-level cabinets are prohibited. Underground cabinets are required
to be used. Ground-level cabinets are permitted in all nonresidential
zones provided that such ground level cabinet is less than 28 cubic
feet in volume, is finished and/or painted so as to blend in with
its background and does not inhibit any existing sight triangles.
[iii]
If an electrical meter cabinet is located outside
of the public right-of-way, either underground or above ground, the
applicant will need to secure an easement agreement from the property
owner of the property upon which the equipment is to be located. Above-ground-level
cabinets shall be screened to blend in with the surrounding area to
the satisfaction of the Township and PennDOT.
[iv]
Any graffiti on the nontower WCF or on any related equipment
shall be removed at the sole expense of the WCF owner.
[v]
Minimum spacing between small cell WCFs shall be 300 feet between
WCF installations. Small cell WCFs shall not be located within a distance
equal to or less than the front yard setback distance of an adjoining
existing residence.
[vi]
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 nontower WCF in the right-of-way shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any nontower WCF when the Township, consistent
with its police powers and applicable Public Utility Commission regulations
and PennDOT, shall have determined that such removal, relocation,
change or alteration is reasonably necessary under the following circumstances:
[A]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way.
[B]
The operations of the Township or other governmental
entity in the right-of-way.
[C]
Vacation of a street or road or the release of
a utility easement.
[D]
An emergency as determined by the Township.
[vii]
As part of the application for a new nontower WCF within the public right-of-way, the applicant shall document compliance with the requirements of § 220-81B(2)(e)[1] through [6] above. In addition, the application should include:
[A]
Submission of a zoning permit.
[B]
Submission of a detailed site and engineering plans
for each proposed WCF installation including all associated equipment
necessary for operation.
[C]
Photographs of proposed WCF antenna and equipment.
[D]
Visual impact analysis with photo simulations.
[E]
If any associated ground or underground equipment
is proposed to be located outside of the public right-of-way, a copy
of an easement agreement from the property owner on whose property
the facilities are to be located shall be provided.
C.
Permit processing time frames. Timing of approval for WCF applications
shall be as follows:
(1)
For a nontower WCF:
(a)
Within 30 calendar days of the date that an application for
a nontower 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.
(b)
Upon submission to the Township of the additional required information,
the Township shall within 10 days notify the applicant if the application
is now complete.
(c)
Sixty days: For co-location of small WCFs (nontower based WCFs)
on an existing wireless support structure to which they are to be
attached which does not substantially change the physical dimensions
of the wireless support structure, the Township, within 60 days of
receipt of a complete application, shall make its decision on whether
to approve the application.
[Amended 11-14-2019 by Ord. No. 250]
(d)
Ninety days: For co-location of a small WCF on an existing nontower
based WCF that does substantially change the physical dimensions of
the wireless support structure to which they are attached as defined
by the WBCA, or for the construction of a new small WCF on an existing
pole (utility pole, street light, etc.) or a new pole of less than 50
feet in height, to be used as a wireless support structure to which
the WCFs are to be attached, the Township within 90 days after receipt
of a complete application shall make its decision whether to approve
the application.
[Amended 11-14-2019 by Ord. No. 250]
(e)
The decision of the Township shall be made in writing and provided
to the applicant.
(f)
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 Township's sixty-
or ninety-day review periods, as applicable. These timing requirements
in this section shall only apply to proposed facilities that fall
under the Pennsylvania Wireless Broadband Collocation Act. (Provision
to put clock on "hold" when additional information has been requested
to make an application complete.)
(2)
For a tower-based WCF:
(a)
Within 30 calendar days of the date that an application for
a new 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 (i.e., the requirement for a
special exception approval from the Zoning Hearing Board).
(b)
Upon submission to the Township of the additional required information,
the Township shall within 10 days notify the applicant if the application
is now complete.
(c)
Ninety days: For co-location of a new small wireless facility
(WCF) on an existing wireless support pole or tower structure in excess
of 50 feet in height, the Township upon receipt of a complete application
shall render its decision in the application within 90 days.
[Amended 11-14-2019 by Ord. No. 250]
(d)
150 days: For construction of a new pole or tower-based WCF
on a wireless support structure in excess of 50 feet in height, the
Township shall act upon the application within 150 days of receipt
of a complete application.
[Amended 11-14-2019 by Ord. No. 250]
(e)
If additional information was requested by the Township or any required
zoning approval (conditional use or height variance) to complete the
application, the time required by the WCF applicant to provide the
information or secure the required zoning approvals shall not be counted
toward the 150-day review period.
[Added 11-14-2019 by Ord. No. 250]
A.
Grower/processor.
(2)
The growing of medical marijuana can only be conducted by a "grower/processor"
permitted under PA Act 16 and cannot be conducted separate from the
processing activity.
(3)
A grower/processor shall meet the same municipal zoning and land
use requirements as other manufacturing, processing and production
facilities that are located in the same zoning district, as well as
any additional special standards applicable to this use as may be
required under PA Act 16.
(4)
A medical marijuana grower/processor use is not considered as an
agricultural use, but rather as a manufacturing use.
(5)
A grower/processor use may only be conducted in an indoor, enclosed,
secure facility.
B.
Medical marijuana dispensary.
(2)
A dispensary may only dispense medical marijuana in an indoor, enclosed,
secure facility.
(3)
A dispensary may not operate on the same site as a facility used
for the growing and processing of medical marijuana.
(4)
A 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.
(5)
A dispensary may sell medical devices and instruments which are needed
to administer medical marijuana.
(6)
A dispensary shall meet the same municipal zoning and land use requirements
as other commercial facilities that are located in the same zoning
district, as well as any additional special standards applicable to
this use as may be required under PA Act 16.
In law quarters, an accessory apartment for relatives, shall
be permitted as a conditional use subject to Board of Supervisors
approval within the AP - Agricultural Preservation, R-1 — Low
Density Residential, R-2 — Moderate Density Residential
Zoning Districts for single-family detached dwellings subject to the
following requirements:
A.
An in-law quarter shall be considered an accessory living component
or living area of a permitted single-family detached dwelling on an
approved lot, which complies with the minimum and maximum dimensional
requirements as well as the utility provisions, which are further
specified by the appropriate zoning district to which the in-law quarter
is located.
B.
An in-law quarter shall only be utilized by relatives of the occupants
of the residence.
C.
The in-law quarters shall be occupied by a maximum of two people.
D.
The in-law quarters can not be permitted a detached structure to
the principal residence (guest house) or constructed above an existing
or proposed detached garage.
E.
The in-law quarters may not have a gross floor area in excess of
1,000 square feet of living space, which may include a living room,
kitchen, bedroom and bathroom.
F.
All utility provisions, including sewage disposal and water supply,
that serve the in-law quarters shall be physically connected to those
systems serving the principal residential dwelling. The applicant
shall provide the Township evidence that the property is serviced
by public water and sewer or that the existing on-lot sewage disposal
system and well have sufficient capacities to accommodate the principal
building plus the in-law quarters. Where appropriate, the Township
Sewage Enforcement Officer shall review the existing and proposed
utility connections.
G.
In addition to the number of off-street parking spaces required for
a single-family detached dwelling, a minimum of one additional off-street
parking space shall be required for the in-law quarters.
H.
Upon construction of the in-law quarters, the Zoning Officer shall
issue a zoning permit, which shall be reviewed every two years to
determine compliance the requirement of this section.
I.
Upon the abandonment of the in-law quarters as an accessory use in
compliance with the requirements of this section, the area occupied
by the in-law quarters must be converted back to common living space
with the principal use. An in-law quarters which no longer provides
residence for family relatives, cannot be subsequently rented out
as an apartment unit.
A.
Statement of intent. The purpose of this section is to provide development
and design standards for cluster developments containing single-family
detached dwelling units. It is the intent of these standards to:
(1)
Provide an optional approach to community development with provisions
to permit more efficient utilization of land and of community facilities
and services.
(2)
Encourage innovative single-family residential land development that
will conserve open space and environmental amenities.
(3)
Protect environmentally sensitive areas from development pressures.
B.
Development and design standards.
(1)
Eligibility.
(a)
Cluster developments containing single-family dwelling units
are permitted by conditional use in the Low-Density Residential (R-1)
and Moderate-Density Residential (R-2) Zoning Districts.
(b)
The development shall contain a minimum contiguous land area
of four acres.
(c)
The development shall be serviced by public sewage disposal
facilities and by a public water supply system.
(d)
A minimum of 50% of the gross area of the development shall
be set aside as common open space. No more than 50% of the common
open space shall be located on lands designated as floodplain, wetlands,
or steep slope areas.
(2)
Density specifications.
(a)
A cluster development shall not exceed the overall gross residential
density that is conventionally permitted for development within the
Low-Density Residential (R-1) and Moderate-Density Residential (R-2)
Zoning Districts.
(b)
The area that is not utilized for development shall be set aside
as common open space.
(3)
Comprehensive planning considerations.
(a)
The development shall be designed with regard to the topographic
and natural features of the site. The effects of prevailing winds,
seasonable temperatures and hours of sunlight on the physical layout
and design of the development shall be considered by the developer.
(b)
All natural features (lakes, streams, topsoil, knolls, basins,
trees and shrubs) should be preserved and incorporated into the final
landscaping of the development whenever possible and desirable. The
finished topography of the site shall adequately facilitate the development
without excessive earthmoving and neglect for the natural amenities.
(c)
The development shall provide a buffer/planting screen along the property lines at the periphery of the development to protect the privacy of the adjacent residents. The planting screen shall be consistent with the standards specified under § 220-64, Landscaping, of this chapter.
(d)
The proposed residential dwelling units located within the development
should not be located along existing roads within the Township and/or
along any proposed interior collector street. This provision may be
waived by the Township if the applicant demonstrates that the design
options are limited based on physical development constraints.
(4)
Area, yard and height regulations. Each of the following maximum
and minimum dimensional requirements shall apply to single-family
detached units within a cluster development, except as specifically
provided for in this chapter:
|
Minimum Regulations
| |||
|
Lot area
|
8,000 square feet
| ||
|
Lot width
|
70 feet
| ||
|
Building setback
|
40 feet
| ||
|
Rear yard
|
30 feet
| ||
|
Side yard
| |||
|
total
|
20 feet
| ||
|
One side
|
10 feet
| ||
|
Common open space (development)
|
50%
| ||
|
Buffer yard depth (development)
|
10 feet
| ||
|
Maximum Regulations
| |||
|
Building height
|
35 feet
| ||
|
Lot coverage
|
25%
| ||
|
Woodland extraction (development)
|
40%
| ||
C.
Open space.
(1)
Requirements and specifications.
(a)
A minimum of 50% of the gross area of the development shall
be set aside as common open space. No more than 50% of the common
open space shall be located on lands designated as floodplain, wetlands,
or steep slope areas.
(b)
The common open space shall be planned and located as a contiguous
accessible area within the development.
(c)
The common open space shall not include areas that have been
devoted to roads, utilities easements and/or stormwater management
facilities.
(d)
Significant natural features shall be incorporated into the
overall schematic of the design as common open space areas whenever
possible.
(e)
The area devoted to common open space shall be comprised of
areas not less than 50 feet in width and shall not contain less than
one contiguous acre of land. In addition, there shall be at least
one designated common area within the development containing no less
than 30% of the required open space.
(f)
For all common open spaces, satisfactory written agreements
approved by the Maidencreek Township Board of Supervisors shall be
consummated for the perpetual preservation of the common open spaces.
(2)
Management and maintenance.
(a)
The developer of the cluster development shall make arrangements,
provisions and/or agreements to insure that the common open space
shall continue to be adequately managed and maintained.
(b)
The developer of the cluster development shall have the following
options for ownership, management and maintenance of the common open
space:
[1]
Retain ownership and responsibility for the management and maintenance;
or
[2]
Dedicate the land to a homeowner's association which is
comprised of all the residents of the cluster development; or
[3]
Dedicate the land to the Township. The Township shall have the
option to accept or refuse the land offered dedication.
(c)
If the common open space is dedicated to a homeowners'
association, the developer shall file with the Township and acceptable
declaration of covenants and restrictions that will govern the association.
Hospital facilities are permitted as conditional uses within
the Local and Regional Commercial (C-1 and C-2) Zoning Districts,
and are subject to the following additional provisions.
A.
A minimum lot area of 10 acres shall be provided.
B.
Any such establishment providing convalescent care or care for the
chronically sick shall provide an additional lot area of not less
than 1,000 square feet per bed in use for such long-term care. For
the purpose of this section, "long-term care" shall mean care in excess
of one month.
C.
Such use shall take access from collector or arterial highways only.
A traffic impact study shall be required for review by the Township
prior to approval of the conditional use.
D.
Care shall be taken to locate emergency and service entrances where
they are not offensive to adjoining neighbors.
For purposes of this section, a library or museum, open to the
public or connected with a permitted educational use and not conducted
as a private gainful business, are permitted as conditional uses within
the Local and Regional Commercial (C-1 and C-2) Zoning Districts,
and are subject to the following additional provisions.
General agricultural uses, as defined in § 220-11 of this chapter and as described below, are permitted by right in all zoning districts except High-Density Residential (R-2a), Village Density Residential (R-3), and Multifamily Residential (R-4).
A.
General agricultural standards.
(1)
Agricultural uses shall be conducted on a farm which shall be a minimum
of three acres in size.
(2)
Animal husbandry uses shall be limited to the following:
|
Area in Contiguous Acres
|
Animal Equivalent Units Per Acre(s)
| |
|---|---|---|
|
3 to 5
|
0.5
| |
|
More than 5 to 25
|
1.5
| |
|
More than 25 and above
|
2.0
|
|
Uses exceeding an animal density greater than specified above shall be considered an intensive agricultural use which is permitted by special exception in the Agricultural Preservation (AP) Zoning District only, and are subject to § 220-88 of this chapter.
|
(a)
Not withstanding anything to the contrary, no agricultural structure
housing animals shall be located closer than 150 feet to any property
boundary.
(b)
All grazing or pasture areas utilized for this purpose shall
be fenced.
(c)
No slaughter area or manure storage shall be established closer
than 150 feet from any property line.
(3)
The display and sale of farm products shall be permitted provided that at least 50% of the quantity of products for sale has been produced from seed or seedlings on the property on which they are offered for sale. The sale of farm products shall be conducted in a structure or stand which shall not be located closer than 50 feet from the center of any road and 75 feet from the center of an intersection. The road leading into the parking area must exceed 75 feet from the center of the intersection. In addition, all off-street parking and access driveway shall be designed in accordance with § 220-61 of this chapter.
(4)
General agriculture standards: animal units per acre (0.5, 1.5, 2.0):
|
Number of Acres
|
Animal Units
|
Cattle
(1,200 pounds/animal)
|
Swine
(300 pounds/ animal)
|
Sheep/Goats
(200 pounds/ animal)
|
Poultry
(4 pounds/ animal)
|
Rabbits
(5 pounds/ animal)
|
|---|---|---|---|---|---|---|
|
1
|
0.5
|
0.4
|
1.7
|
2.5
|
125
|
100
|
|
3
|
0.5
|
1.3
|
5.1
|
7.5
|
375
|
300
|
|
4
|
0.5
|
1.7
|
6.8
|
10
|
500
|
400
|
|
5
|
1.5
|
6.25
(1.25 cattle/acre)
|
25
(5 swine/acre)
|
37.5
(7.5 sheep/acre)
|
1,875
(375 poultry/acre)
|
1,500
(300 rabbits/acre)
|
|
8
|
1.5
|
10
|
40
|
60
|
3,000
|
2,400
|
|
10
|
1.5
|
12.5
|
50
|
75
|
3,750
|
3,000
|
|
15
|
1.5
|
18.8
|
75
|
112.5
|
5,625
|
4,500
|
|
20
|
1.5
|
25
|
100
|
150
|
7,500
|
6,000
|
|
24
|
1.5
|
30
|
120
|
180
|
9,000
|
7,200
|
|
25
|
2
|
42.5
(1.7 cattle/acre)
|
167.5
(6.7 swine/acre)
|
250
(10 sheep/acre)
|
12,500
(500 poultry/acre)
|
10,000
(400 rabbits/acre)
|
|
30
|
2
|
51
|
200.1
|
300
|
15,000
|
12,000
|
|
60
|
2
|
102
|
400.2
|
600
|
3,000
|
24,000
|
|
90
|
2
|
153
|
600.3
|
900
|
45,000
|
36,000
|
|
100
|
2
|
167
|
667
|
1,000
|
50,000
|
40,000
|
|
120
|
2
|
200.4
|
800.4
|
1,200
|
60,000
|
48,000
|
|
140
|
2
|
233.8
|
933.8
|
1,400
|
70,000
|
56,000
|
|
180
|
2
|
300.6
|
1,200.6
|
1,800
|
90,000
|
72,000
|
|
200
|
2
|
334
|
1,334
|
2,000
|
100,000
|
80,000
|
(5)
All farm-related businesses shall also comply with the following
standards:
(a)
The applicant shall demonstrate that the farm business is compatible
with the rural setting and will not unduly interfere with nearby residences
and agriculture production activities.
(b)
No more than a total of five full time equivalent nonresident
employees of the farm parcel shall be employed by the farm-related
business.
(c)
The farm-related business shall occupy an area no greater than
a maximum of 20,000 square feet.
(d)
The maximum acreage devoted to a farm-related business (including
the structure, parking, storage, and driveway if separate) shall be
no more than three contiguous acres.
(e)
Where practicable, farm-related businesses shall be conducted
within an existing farm building.
(f)
The maximum impervious lot coverage of a farm-related business
shall not exceed 25% of the three acres.
(h)
Off-street parking shall be provided per § 220-61 of this chapter. The length of any access drive shall be sufficient to accommodate delivery and customer vehicles.
(i)
Any outdoor storage of supplies, materials or products shall
be located no closer than 50 feet from all property boundaries.
(j)
One outdoor sign shall be permitted for a farm-related business. Such signs shall be erected so as not to interfere with safe ingress, egress and regress and shall be subject to the provisions of § 220-62 of this chapter.
(k)
Composting and other farm waste storage facilities shall not
be permitted within 150 feet of any property line and 200 feet from
a stream or waterway.
(6)
Greenhouse uses.
(a)
Greenhouse uses shall not exceed a maximum of 50,000 square
feet for the entire operation but shall be subject to the acreage
scale below:
|
Area in Contiguous Acres
|
Allowed Square Feet of Growing Area Under Cover
| |
|---|---|---|
|
Up to 3
|
1,000 square feet per acre
| |
|
3 to 15
|
1,500 square feet per acre
| |
|
15 to 25
|
2,000 square feet per acre
|
(b)
When retail sales to the general public are part of such operation, the provisions of § 220-87A(5) related to farm-related business shall apply.
(c)
A traffic and off-street parking plan shall be provided at the time of application to allow maneuverability, parking, and loading of deliveries, supply trucks, or other similar vehicles as well as compliance with the other parking provisions contained in § 220-61 of this chapter.
(d)
Greenhouse structures shall be included in the impervious coverage
of the tract whether or not the cover material is permanent.
(e)
Prior to commencing operations, the applicant shall obtain an
approved erosion and sedimentation control plan approved by the Berks
County Conservation District.
(f)
The applicant shall also take all reasonable steps to employ
practices and takes all reasonable actions to conserve water and employ
best management practices when feasible based upon soil types and
conditions.
Intensive agricultural uses, as defined in § 220-11 of this chapter and as described below, are permitted by right in the Agricultural Preservation (AP) Zoning District. A building permit shall only be issued upon satisfactory proof of full compliance with all the following provisions.
A.
Intensive agricultural activities shall include the following:
(1)
A concentrated animal operation (CAO) in excess of two animal equivalent
units per acre of land suitable and available on the farm for manure
application on an annualized basis.
(2)
A concentrated animal feeding operation (CAFO) where 250 or more
animal equivalent units (AEU) are housed inside buildings or confined
feedlots.
B.
All lots for such uses shall have a minimum size of 25 acres, unless
a larger size is required elsewhere in this chapter.
C.
No more than three persons not related to the family operating the
use shall be housed on the lot.
D.
All buildings and structures designated for the use of any regulated
activity shall be painted and maintained in good condition.
E.
A fence shall be maintained around all areas in which animals are
kept outside of buildings.
G.
Agricultural activities that exceed the density specified under § 220-87A(2) (General agricultural standards) shall be construed as intensive agriculture.
H.
The raising and ownership of horses, cattle, swine, sheep, goats,
poultry, rabbits, or similar animals shall be based on the following
chart:
|
Area in Contiguous Owner Areas
|
Maximum Animal Units Per Acre
| |
|---|---|---|
|
25 to 50
|
3
| |
|
More than 50
|
5
|
I.
A nutrient management plan shall be prepared and approved under the
guidelines of Title 25, Chapter 83, Subchapter D, Pennsylvania Code
for all proposed intensive agricultural uses. The approved nutrient
management plan shall be submitted to the Township with the building
application.
K.
The applicant shall obtain a review by and receive recommendations
from Pennsylvania State University Cooperative Extension Service,
Berks County and follow all recommendations not inconsistent with
this chapter.
L.
A conservation plan shall be approved by the Berks County Conservation
District for all proposed intensive agricultural uses. The approved
conservation plan shall be submitted to the Township with the building
application.
M.
A buffer plan shall be required for all proposed intensive agricultural
uses, to include plantings that will prevent or substantially reduce
visibility, sound, and odor from the operation consistent with recommendations
from the Pennsylvania State University Cooperative Extension Service,
Berks County. The plan is to be submitted with building plans.
N.
A site plan for buildings, manure structures, etc., to include sizes
of structures, prevailing winds, distance to neighbor's building,
boundaries, vegetation shall be submitted for review by the Zoning
Officer when application for building permit is submitted.
O.
Solid and liquid wastes shall be disposed of in a manner to prevent
insect or vector problems for surrounding properties. All intensive
animal operations shall develop a fly abatement plan which shall be
submitted with the building application.
P.
The applicant shall show that they can meet the standards as may
be set forth in treatises recognized by agricultural authorities or
as the same may be produced by the Pennsylvania Department of Agriculture,
Department of Environmental Protection, Pennsylvania State University,
College of Agricultural Sciences, or similar entity. These shall include
"Best Practices for Environmental Protection in the Mushroom Community,"
"The Environmental Standards of Production for Large Pork Producers
in Pennsylvania" and others as they are developed.
Q.
No discharges of liquid wastes and/or sewage shall be permitted into
a reservoir, sewage or storm sewer disposal system, holding pond,
stream or open body of water, or into the ground unless the discharges
are in compliance with the standards approved by the local, state
and/or federal regulatory agencies.
R.
Any and all intensive agricultural uses and activities are required
be reviewed by the Berks County Conservation District (BCCD). Applicant
must submit a copy of the BCCD's approval letter at time building
plans are submitted.
S.
The applicant shall prepare and show the ability to comply with an
odor abatement plan. Recognition must be given that certain agricultural
activities do produce odors, but the applicant shall show that odors
can be reduced to a minimum or abated. The plan of the applicant shall
show that such steps as may be necessary to abate odors or to allow
odors at times that there would be minimal interference with neighbors
will be taken.
T.
The applicant shall handle solid and liquid waste in the manner that
will avoid creating insect or rodent problems or public nuisance,
and will demonstrate that the application thereof to the land will
be within the standards as may be set by the federal or state regulatory
agencies.
U.
The applicant shall also show that the use of pesticides will be
within standards as may be set by the federal or state regulatory
agencies.
V.
No intensive agricultural buildings can be built in the one-hundred-year
floodplain.
W.
Intensive agriculture standards: animal units/acre (2.5):
|
Number of Acres
|
Animal Units
|
Cattle and Horses
(1,200 pounds/animal)
|
Sheep/Goats
(200 pounds/ animal)
|
Swine
(300 pounds/ animal)
|
Poultry
(4 pounds/ animal)
|
Rabbits
(5 pounds/ animal)
|
|---|---|---|---|---|---|---|
|
1
|
2
|
1.7
|
10
|
6.8
|
500
|
400
|
|
10
|
2
|
17
|
100
|
68
|
5,000
|
4,000
|
|
20
|
2
|
34
|
200
|
136
|
10,000
|
8,000
|
|
24
|
2
|
40
|
240
|
163.2
|
12,000
|
9,600
|
|
25
|
5
|
105
(4.2 cattle/acre)
|
625
(25 sheep/acre)
|
417.5
(16.7 swine/acre)
|
31,250
(1,250 poultry/acre)
|
25,000
(1,000 rabbits/acre)
|
|
40
|
5
|
66
|
1,000
|
666.8
|
50,000
|
40,000
|
|
80
|
5
|
332
|
2,000
|
1,333.6
|
100,000
|
80,000
|
|
100
|
5
|
415
|
2,500
|
1,667
|
125,000
|
100,000
|
|
140
|
5
|
581
|
3,500
|
2,333.8
|
175,000
|
140,000
|
|
180
|
5
|
747
|
4,500
|
3,000.6
|
225,000
|
180,000
|
|
200
|
5
|
830
|
5,000
|
3,334
|
250,000
|
200,000
|
|
240
|
5
|
996
|
6,000
|
4,000.8
|
300,000
|
240,000
|
|
280
|
5
|
1,162
|
7,000
|
4,667.6
|
350,000
|
280,000
|
|
300
|
5
|
1,245
|
7,500
|
5,001
|
375,000
|
300,000
|
Animal hospitals, veterinary facilities, and kennels (commercial)
are permitted by right in the Agricultural Preservation (AP) Zoning
District. Additionally, animal hospitals and/or veterinary facilities
that do not have any outdoor pens to house animals are allowed by
special exception in the Local Commercial (C-1), Regional Commercial
(C-2), and Special Intensified Activities (SIA) Zoning Districts and
as a conditional use in the Industrial (I) Zoning District. Animal
hospitals, veterinary facilities and kennels (commercial) are subject
to the following provisions.
A.
All buildings in which animals are housed shall be located at least
150 feet from all lot lines or existing center of a road.
B.
All facilities shall comply with all applicable state codes and regulations.
C.
Kennels (commercial) shall be located on a property which is no less
than four acres in size.
D.
Outdoor pens, feed yards, and runs shall be a minimum of 150 feet
from any property boundary and 300 feet from any existing neighboring
residence.
E.
A buffer yard of 15 feet shall be required, sufficient to completely
screen the operation from all adjoining properties, and shall be planted
prior to the commencement of operations.
F.
The potential effect of noise shall be considered in the approval
of this use. Soundproofing materials may be required, sufficient to
meet the noise requirements of this chapter, along all property lines
which abut adjacent residential use(s) or residential zoning district(s).
G.
Parking: One off-street parking space for each employee plus one
space for each 200 square feet of sales/office/treatment facility
area.
I.
Lighting shall be in compliance with the most recent Township Lighting
Ordinance.
J.
No dogs shall be permitted outside of an enclosed structure or fenced
pen between the hours of 9:00 p.m. and dawn.
A.
No more than six such pets shall be kept under the permanent care
of the occupants.
B.
No animal shelter or runs shall be located closer to the property
or street line than the minimum yard requirements specified for the
principal use.
C.
A noncommercial kennel may be established only as an accessory use.
D.
Except for the sale of young animals born to pets kept under the
permanent care of the occupants, no animals shall be sold or offered
for sale on the property.
A riding academy is a permitted use by right in the Agricultural Preservation (AP) Zoning District. A riding academy use is subject to the provisions of § 220-87, General agricultural use regulations of this chapter, as well as subject to the following provisions.
A.
Minimum lot area shall be 10 acres.
B.
Any building or structure used for the keeping or raising of horses
shall be situated not less than 100 feet from any street line or property
line.
C.
The maximum impervious surface area shall be 3%.
D.
Parking: One off-street parking space for every three persons present
at such facilities when they are filled to capacity (or one space
for every three stalls) plus one additional off-street parking space
for each employee.
E.
Horse trailer parking or storage shall be provided in a designated
off-street area.
F.
Parking for horse shows, demonstration clinics, or any other horse-related
activities must be provided off-street.
A.
Any and all dangerous, exotic animals, particularly those classified as wild, carnivorous and/or predatory as defined in § 220-11, including but not limited to bears, lions, tigers, ocelots, cougars, chimpanzees, venomous snakes, alligators, crocodiles and other dangerous animals are banned and restricted from any residency in the residential zoning districts of the Township (AP, R-1, R-2, R-2a, R-3, R-4, and C-R Zoning Districts).
B.
Any and all animals utilized in shows and menageries shall be housed
in a humane manner and displayed in a manner which prohibits their
noxious or dangerous contact with the public.
C.
Circuses, shows, fairs, zoological gardens, research programs, and large animal veterinary centers, and state-licensed breeders and dealers are exempted from said ban, supra, so long as they shall conform to and/or exceed any and all applicable state and federal law/regulatory licensing and inspection requirements, as well as all applicable Maidencreek Township regulations as contained in Subsection B above, pertinent to safe housing and display requirements.
Bed-and-breakfast uses are permitted by right in the Commercial-Residential
(C-R) and Local Commercial (C-1) Zoning Districts and are permitted
as a conditional use with approval from the Board of Supervisors within
the Agricultural Preservation (AP) Zoning District. Bed-and-breakfast
uses are subject to the following provisions.
A.
The minimum lot size shall be two acres for three guest rooms and
one additional acre for each additional guest room, up to a maximum
of five guest rooms.
B.
There shall be no separate kitchen or cooking facilities in any guest
room. Food served to guests on the premises shall be limited to breakfast
and afternoon tea only.
C.
The maximum uninterrupted length of stay at a bed-and-breakfast shall
be seven days within a three-month period.
D.
One off-street parking space shall be provided for each guest room,
plus one space for each employee and two spaces for the owners of
the property. The off-street parking spaces shall be located either
to the rear of the main dwelling or screened from the roadway.
E.
There shall be no use of show windows or display or advertising visible
outside the premises to attract guests or otherwise, other than a
single, nonilluminated sign which may not exceed six square feet.
F.
At least one full bathroom shall be provided for the first guest
room, plus one bathroom for each two additional guest rooms. The living
quarters for the owner-residents shall have their own separate and
additional bathroom facilities.
G.
The bed-and-breakfast use shall be conducted by family members of
the resident owner-occupant. Nonresident employees shall be limited
to two in addition to the resident family members.
H.
No more than two adults and two children may occupy one guest room.
I.
The utilization of any amenities provided by the bed-and-breakfast
inn, such as a swimming pool or tennis courts, shall be restricted
in use to the owners and the guests of the bed-and-breakfast inn.
J.
A permit issued for a bed-and-breakfast inn shall have a life of
one year. The permit shall be renewed annually upon application by
the owner and payment of the annual fee provided in the Township Fee
Schedule, and provided also that the Zoning Officer has inspected
the facility and found it to be in compliance with the provisions
of this chapter.
K.
The bed-and-breakfast use may not be established until there is compliance
with all Township ordinances, rules and regulations. The bed-and-breakfast
will be periodically inspected by the Fire Marshall for compliance
with all Township safety standards. All Department of Labor and Industry
requirements must be satisfied, and proof thereof shall be required
for the bed-and-breakfast permit or renewal thereof.
(1)
Sewage disposal methods shall conform with the requirements of the
Pennsylvania Department of Environmental Protection and/or Township
Authority rules and regulations.
(2)
Proof of an adequate water supply must be provided to the Township.
If the proposed bed-and-breakfast use is to be served by a public
water system, the applicant shall submit documentation from the servicing
authority that the proposed use will be served. If the use is to be
served by a private well, the applicant shall submit water testing
documentation from a DEP-certified testing laboratory confirming a
potable water supply.
L.
The total number of bedrooms (resident and guest) in the bed-and-breakfast
shall not exceed the number of bedrooms which the on-lot sewage system
is designed to accommodate. If the proposed bed-and-breakfast use
is to be served by a public sewage disposal system, the applicant
shall submit documentation from the servicing authority that the proposed
use will be served.
Group home facilities are permitted as a conditional use with
approval from the Board of Supervisors within the R-4 Multifamily
Residential Zoning District. Group home uses are subject to the following
provisions.
A.
Purpose and intent: This use is to encompass living arrangements
for a group of persons who might otherwise be confronted with institutionalization.
The purpose of this use is to create a setting which most nearly approximates
traditional familial living arrangements for handicapped, elderly,
disabled persons and others. The intent of this use is to offer persons
facing institutionalization an alternative whereby they can be placed
in a family setting as nearly normal as possible, and thereby enter
into the mainstream society. Groups contemplated by this use include,
but are not limited to, group homes for the mentally handicapped,
physically handicapped, emotionally handicapped and elderly. However,
this use does not include group homes for ex-convicts or halfway houses.
Due to the fact that it is the intent of this use to create traditional
familial living arrangements, all group home structures should have
the appearance of single-family or other traditionally residential
structures.
B.
The number of persons living in a group home, including caregivers, shall not exceed 10 in number unless each resident has 150 square feet of floor space per person for sleeping quarters. In addition to the foregoing, group homes shall comply with the requirements for total living space pursuant to Chapter 101, Uniform Construction Codes, Township Code, as amended. It is the intent of this chapter that any number in excess of 10 persons actually residing at the subject premises would tend to decrease the familial concept and detract from effective family interaction and would tend to create an institutional atmosphere. Personal care boarding homes in excess of eight residents and licensed by the State Department of Public Welfare shall be governed by § 220-85 of this chapter.
C.
A group home must be sponsored and operated by an organization or
corporation licensed by either the county or the state. Proof of compliance
with all applicable county, state or federal regulations and the name,
address and telephone number of the responsible contact person with
the sponsoring organization shall be furnished to the Township with
the zoning permit application and shall thereafter continuously be
maintained and updated.
D.
A minimum lot size of 1 1/2 acres shall be provided.
E.
Parking: One off-street parking space per employee on the largest
shift plus one visitor parking space plus one space for accessory
vehicle. Provisions should be made, and shown on any plans, for the
addition of four extra parking spaces. These extra parking spaces
shall be required to be constructed if the Township Supervisors decide
at a future time that the existing spaces are insufficient to handle
the needs of the particular group home use. Said parking spaces shall
be constructed so that no more than two spaces appear in the front
yard, thereby confining the remainder of the parking to the rear and
side yards. The maximum number of parking spaces allowed for any particular
group home use is 1 1/2 spaces per resident in said group home.
F.
Buffering requirements:
(1)
Parking areas shall be visually screened from adjacent properties
via an evergreen planting screen subject to Township approval.
(2)
Side and rear yard areas shall be planted in accordance with § 220-64, Landscaping, of this chapter.
(3)
Street trees shall be installed along all streets where suitable
trees do not exist.
G.
No kitchen facilities shall be located in any bedroom.
H.
Any medical or counseling services provided shall be done only for
residents of the group home.
I.
The sewage facilities of all group homes must be serviced by a public
sewer system. The applicant shall submit documentation from the servicing
authority that the proposed use will be served.
J.
The water supply of all group homes must be serviced by a public
water system. The applicant shall submit documentation from the servicing
authority that the proposed use will be served.
K.
No group home shall be constructed within a one-mile radius of any
other group home.
L.
A plan for security of the premises shall be prepared if the facility
is a transitional home.
M.
Twenty-four-hour supervision shall be provided at all transitional
and personal care facilities by staff qualified by the sponsoring
governmental agency.
Boarding and rooming house uses are permitted by right in the
C-R Commercial-Residential Zoning District, and are permitted as a
special exception with approval from the Zoning Hearing Board within
the C-1 Local Commercial Zoning District. Boarding and rooming house
uses are subject to the following provisions.
A.
Purpose and intent: This use is to encompass living arrangements
for a group of nontransient persons who are not related, such as roomers,
boarders or lodgers with or without common eating facilities, but
not including personal care boarding homes or similar facilities licensed
by the State Department of Public Welfare.
B.
Buildings used as boarding homes may not use rooms smaller than 150
square feet for lodging tenants.
C.
The boarding home must maintain the appearance of a single-family
home.
D.
The boarding home shall be owner-occupied.
E.
No more than one person or couple shall inhabit a single room.
F.
No kitchen facility shall be located in any bedroom.
G.
A minimum lot size of 1 1/2 acres shall be provided.
H.
A boarding home may lodge a maximum of six guests.
I.
One off-street parking space shall be provided for each bedroom.
J.
The boarding or rooming home use may not be established until there
is compliance with all Township ordinances, rules and regulations.
The boarding or rooming home will be periodically inspected by the
Fire Marshal for compliance with all Township safety standards. All
Department of Labor and Industry requirements must be satisfied, and
proof thereof shall be required for the boarding or rooming home permit
or renewal thereof.
(1)
Sewage disposal methods shall conform with the requirements of the
Pennsylvania Department of Environmental Protection and/or Township
Authority rules and regulations.
(2)
The total number of bedrooms (resident and tenant) in the boarding
or rooming home shall not exceed the number of bedrooms which the
on-lot sewage system is designed to accommodate. If the proposed boarding
or rooming home is to be served by a public sewage disposal system,
the applicant shall submit documentation from the servicing authority
that the proposed use will be served.
(3)
Proof of an adequate water supply must be provided to the Township.
If the proposed boarding or rooming home is to be served by a public
water system, the applicant shall submit documentation from the servicing
authority that the proposed use will be served. If the use is to be
served by a private well, the applicant shall submit water testing
documentation from a DEP-certified testing laboratory confirming a
potable water supply.
K.
The rooming or boarding house facility shall comply with all other
Township ordinances.
L.
Buffering requirements:
(1)
Parking areas shall be visually screened from adjacent properties
via an evergreen planting screen subject to Township approval.
(2)
Side and rear yard areas shall be planted in accordance with § 220-64, Landscaping, of this chapter.
(3)
Street trees shall be installed along all streets where suitable
trees do not exist.
Church and similar places of worship uses are permitted by right
in the CR, C-1 and I Zoning Districts; permitted as a special exception
with approval from the Zoning Hearing Board within the AP Zoning District;
and permitted as a conditional use within the R-1, R-2, R-2a, R-3
and R-4 Zoning Districts. Church and similar places of worship uses
are subject to the following provisions.
A.
A minimum lot size of two acres shall be provided.
B.
Minimum lot width: 200 feet.
C.
Minimum front yard: 75 feet.
D.
Minimum side yard: 50 feet.
E.
Minimum rear yard: 100 feet.
Cemetery uses are permitted as a special exception with approval
from the Zoning Hearing Board within the AP Zoning District; and permitted
as a conditional use within the R-1 and R-2 Zoning Districts. Cemetery
uses are subject to the following provisions.
A.
A minimum lot size of 10 acres shall be provided.
B.
Minimum yards and setbacks shall be 100 feet.
C.
Lot coverage of accessory buildings and parking facilities shall
be no more than 10% to a maximum of five acres may be devoted to aboveground
buildings or impervious surfaces not serving as burial markers or
memorials.
D.
No burial plots, structures or parking areas shall be located within
the one-hundred-year floodplain.
E.
No outside storage shall be permitted.
F.
All structures open to the public shall be supplied with water and
sewer and all utilities shall be placed underground.
H.
A zoning permit shall be obtained on an annual basis.
I.
Parking: One off-street parking space for each employee and one space
for each three visitors in total capacity of the chapel. Parking areas
must be adequately screened when situated within 50 feet of land zoned
for or in residential use.
A.
Public, parochial, or private schools providing elementary or secondary
education and which do not primarily provide corrective, rehabilitative,
or behavioral care or instruction are permitted by right in the Commercial-Residential
(CR), Local Commercial (C-1), R/I Overlay District, Regional Commercial
(C-2), and Industrial (I) Zoning Districts; and permitted by conditional
use in the Residential (R-1, R-2, R-2a, R-3, R-4) Zoning Districts.
B.
Schools providing corrective, rehabilitative, or behavioral care
or instruction are permitted by right in the Regional Commercial (C-2)
and Industrial (I) Zoning Districts.
C.
Commercial or business schools are permitted by right in the Commercial-Residential
(CR), Local Commercial (C-1), and Industrial (I) Zoning Districts.
A private airport or heliport facility is permitted in the Industrial
(I) Zoning District as a use by special exception subject to the following
provisions and with the approval of the Zoning Hearing Board.
A.
In addition to the information required elsewhere in this chapter,
the following information shall be submitted to the Zoning Hearing
Board:
(1)
A map of the lot indicating the runway/landing area, necessary approach
zone and parking apron.
(2)
A statement indicating the reasons for the need to utilize an aircraft
and the flight experience of the applicant.
(3)
A description of the type of aircraft to be used with its stated
capacities.
(4)
A statement of the intended use of the aircraft and prospective pilots.
B.
The following standards shall be satisfied:
(1)
There must be a setback called the lateral clear zone extending 500
feet from the centerline of the runway/landing area to any lot line.
(2)
No aircraft other than one single-engine propeller-driven aircraft
or three-seat helicopter shall be permitted.
(3)
No application shall be approved which does not provide a runway
of 1,500 feet, an approach zone of 1,000 feet and a parking apron
of 1,000 feet.
(4)
No activities shall be permitted by which any commercial use is made
of the aircraft.
(5)
Approval from the Federal Aviation Administration shall be received
and all FAA regulations shall be adhered to.
(6)
No night take-off or landings shall be permitted (dusk to dawn).
(7)
No runway/landing area shall be paved or equipped with landing lights
unless required by FAA regulations.
A temporary permit may be issued for the authorization of temporary
structures or uses necessary during construction or other special
circumstances of a discontinuing nature subject to the following requirements:
A.
The time period of the initial permit shall be six months.
B.
The temporary permit may be renewed for three-month time periods,
up to and not exceeding one year.
C.
Any temporary structure or storage container (example: PODS®)
shall be located outside of the street right-of-way, intersection
and/or driveway clear sight triangles, drainage swales and utility
easements and cannot create a visual obstruction for vehicles using
the public streets.
D.
The temporary structure(s) shall be removed completely within 30
days of the expiration of the permit without cost to the Township.
Forestry/timber harvesting operations are a permitted use in
all zoning districts in the Township subject to the following requirements:
A.
Any forestry harvesting operation shall be undertaken in accordance
with a forestry/timber harvesting plan approved by the Township as
part of their zoning permit. All forestry harvesting plans shall be
in compliance with the standards for forestry harvesting operations
set forth herein. The Township may engage a professional with demonstrable
expertise in forestry to review any submitted forestry/timber harvesting
plan, all reasonable cost therefore to be borne by the applicant.
B.
Any forestry/timber harvesting plan submitted to the Township for
review and approval shall be consistent with the Timber Harvesting
Guidelines of the Pennsylvania Model Forestry Regulations of the Penn
State School of Forest Resources, as applicable, and shall include
a plan or plans indicating the following information:
(1)
The site location and boundaries of both the entirety of the
property upon which the forestry/timber harvesting operation shall
occur and the specific area proposed for forestry harvesting.
(2)
Significant natural features on the property including steep
slopes, wetlands, streams, existing vegetation, etc.
(3)
The general location of the proposed operation in relation to
municipal and state highways and any proposed access to those highways.
(4)
Design, construction, maintenance and retirement of the access
system, including haul roads, skid roads, skid trails, and landings.
(5)
Design, construction, maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars.
(6)
Design, construction, and maintenance of proposed stream and
wetland crossings.
C.
Any permits required by any other agency under any applicable regulation
shall be the responsibility of the landowner or forestry/timber harvesting
operator as applicable. Copy of all required permits and a letter
of adequacy from the Berks County Conservation District for the erosion
and sediment control plan shall be submitted to Maidencreek Township
at least 20 days prior to commencement of the forestry/timber harvesting
operation.
D.
The following management practices shall apply to all forestry/timber
harvesting operations:
(1)
Felling and skidding of trees shall be undertaken in a manner
which minimizes damage to trees or other vegetation not intended to
be harvested (e.g., successive limbing up the tree rather than felling
in its entirety).
(2)
Felling or skidding across any public thoroughfare is prohibited
without the express written consent of the Township or PennDOT, whichever
is responsible for the maintenance of said thoroughfare.
(3)
Prior to initiating any forestry/timber harvesting operation,
the applicant shall review with the Township Roadmaster the condition
of any Township road, bridge or other public facility that will be
used to transport log loads or that may otherwise be impacted by the
forestry/timber harvesting operation, and shall provide the Roadmaster
with a description of the gross vehicle weight, axle load, and size
of vehicles to be used in the removal of the timber. The Township
may require the posting of a bond or other approved security to cover
potential damage to Township roads, bridges or other facilities.
(4)
Slash or tops resulting from a forestry/timber harvesting operation
shall be cut to a height of four feet or less and left on-site. The
burning of slash shall be prohibited.
(5)
No tops, slash or litter shall be left within 25 feet of any
public thoroughfare or private roadway.
(6)
Littering resulting from a forestry/timber harvesting operation
shall be removed from the site or otherwise dealt with as approved
by the Township.
(7)
Township representative(s) shall be permitted access to the
site of any forestry/timber harvesting operation before, during or
after active timber harvesting to review, inspect and ascertain compliance
with the provision of this chapter.
A.
Permitted locations, installation standards and fuel limitations:
(1)
Permitted locations:
(a)
Outdoor furnaces are only permitted on parcels under single
ownership of no less than two acres in size and only permitted for
a single primary or accessory use on that parcel. Additional lot size
may be required to meet other requirements of this section depending
upon placement of the outdoor furnace on the property.
(b)
Outdoor furnaces shall not be permitted to be operated in any
zone within the municipality except the AP, and R-1 Zoning Districts.
(c)
All outdoor furnaces shall be located on the property in compliance
with manufacturer's recommendations and or testing and listing
requirements for clearance to combustible materials.
(d)
All outdoor furnaces shall be located not less than 100 feet
from the nearest adjacent property line(s).
(e)
Outdoor furnaces are to be installed in structures not intended
for habitation by humans or domestic animals.
(2)
Standards for the installation of any outdoor furnace, in addition
to any manufacturer's recommended installation requirements,
shall also require the following:
(a)
The owner of any new outdoor furnace shall submit a copy of
the manufacturer's owner manual or installation instructions
as part of their permit application to the Township for installation
of any outdoor furnace.
(b)
All new outdoor furnaces shall be laboratory tested and listed
to appropriate safety standards such as UL, CAN/SA, ANSI or other
applicable safety standards.
(c)
Any new outdoor furnace shall be installed upon a nominal six-inch-thick
permanent, reinforced concrete pad in such dimension so as to allow
a minimum of six inches of exposed surface area along the perimeter
of the pad.
(d)
The height of a smokestack must be a minimum height of 15 feet
or a height exceeding two feet in elevation higher than any adjacent
structure, building or wall that is within 100 feet of the location
of the outdoor furnace, whichever is greater. The smoke stack must
be securely anchored so as to eliminate the possibility of collapse.
(e)
In the case where an outdoor furnace is located within 300 feet
of any residence not served by the outdoor furnace the chimney height
of the outdoor furnace shall extend at least two feet above the peak
of said adjoining residence.
(f)
All storage of materials being burnt in the outdoor furnace
shall be neatly stacked and/or stored under cover and free from insects
(termites, ants, etc.) or any type of disease-carrying rodents.
(g)
Installation of any electrical or plumbing apparatus or device
used in connection with the operation of an outdoor furnace shall
be in conformity with all applicable electrical and plumbing codes
and, in the absence of such code, in conformity with the manufacturer's
installation specifications.
(3)
Only natural (untreated) wood, wood pellets, coal, heating oil,
natural gas, corn products, kerosene or wood specifically permitted
by the manufacturer in writing may be burned in outdoor furnaces.
Fuel substances prohibited for combustion in an exterior furnace installation
shall include industrial waste, treated lumber, railroad ties, rubber,
plastic, biomass pellets, used motor oil, toxic chemicals, contaminated
waste, yard waste, household garbage, cardboard and wastepaper, animal
waste and any material prohibited for combustion by federal or state
statute.
(4)
No outdoor furnace shall be utilized in any manner as a waste
incinerator.
(5)
To the fullest extent required by federal or state statutes,
rules, regulations and in accordance with the manufacturer's
specifications, the installation, maintenance and use of any outdoor
furnace, as herein defined, shall be installed, maintained and generated
in conformity therewith.
(6)
This section shall in no way be construed nor is the same intended
to prohibit the installation, operation or use of exterior chimneys,
stove pipes or similar contrivances that are otherwise in conformity
with other federal or state laws, rules or regulations constituting
any part of any interior furnace system or interior stove system or
operation, or any system located within the principal use on a property
that provides the exhaust of waste heat, smoke or similar substances
from interior spaces.
B.
Storage/disposal of waste material:
(1)
Storage and disposal of ashes or waste from the use of an outdoor
furnace shall be accomplished in accordance with all laws of the Commonwealth
of Pennsylvania, all regulations of the Department of Environmental
Protection and all other Departments of the Commonwealth of Pennsylvania,
and all ordinances of Maidencreek Township, Berks County, Pennsylvania.
(2)
Ashes or waste shall not be accumulated in a large area on the
property. Any large accumulation of ashes or waste must be disposed
of weekly with a trash or private hauler.
C.
Replacement, reconstruction or repair of existing outdoor furnaces:
(1)
If an outdoor furnace is found as a result of Township inspection
physically deteriorated or decayed to the point that the repair cost
exceed more than 50% of the cost of a new unit, the appliance must
be removed and/or replaced with a new unit and the new unit must comply
with all of the regulations listed in this chapter.
D.
Regulations for existing outdoor furnaces:
(1)
An existing outdoor furnace would be one that was installed
prior to the effective date of this zoning amendment.
(2)
Existing outdoor furnaces are not subject to § 220-102A(1) and § 220-102A(2)(a) through (e). Existing outdoor furnaces are subject to all other requirements of this Chapter.
(3)
If an existing outdoor furnace within Maidencreek Township is
replaced by the owner or operator thereof, the replacement outdoor
furnace shall comply with all provisions as required for any new outdoor
furnace application.
(4)
All outdoor furnaces are required to meet emission standards
currently required by the United States Environmental Protection Agency
(USEPA). Emission standards currently required by USEPA are hereby
adopted by reference together with any amendments made to them in
the future.
(5)
All outdoor furnaces shall be operated and maintained in strict
conformance with the manufacturer's instructions and the regulations
promulgated hereunder shall apply unless the manufacturer's instructions
are stricter, in which case the manufacturer's instructions shall
apply.
(6)
If there is an existing outdoor furnace already installed and
there is new construction of a residence not served by the outdoor
furnace within 300 feet of such outdoor furnace, then the owner of
such outdoor furnace shall conform to the stack height requirement
listed above within 30 days of the date of such construction is complete
and upon written notice from the Township Zoning Officer.
(7)
If an existing outdoor furnace is, through the course of a proper
investigation by Township code officials, creating a verifiable nuisance,
as defined by local or state law, the following steps shall be taken
by the owner:
E.
Permit required. No outdoor furnace shall be located on any property
in the Township without first obtaining a permit from the Township's
Building Code Official upon an application provided to the Township
and appropriate permit fees paid in full to the Township.
