[Ord. 1998-5, 7/20/1998, § 5.100; as amended by
Ord. 2010-11, 11/15/2010, § 5]
2.
Supplemental Requirements for Permitted/Conditional Uses. In the
event that for any permitted use as listed in Schedule 27-I exceeds
1,000 ADT, such use shall be deemed a conditional use.
3.
Supplemental Requirements for Permitted Special Exception Uses. In
the event that the ADT for any permitted use as listed in Schedule
27-I exceeds 1,000 ADT, such use shall be deemed a conditional use.
4.
Supplemental Requirements for Special/Conditional Uses.
A.
Multifamily Developments. Multifamily developments proposing more
than 49 units shall be conditional uses. Developments with less than
50 units shall be special exception uses.
B.
Amusement Services. Amusement services uses generating 1,000 or more
ADT, or having buildings containing 10,000 or more gross square feet,
shall be conditional uses. Amusement services uses with less than
1,000 ADT or less than 10,000 gross square feet shall be special exception
uses.
5.
Conservation Design Process. All conservation design developments and the following types of subdivisions and land developments shall be designed using the four-step conservation design process in accord with § 22-202, Subsection 4D, of the Township Subdivision and Land Development Ordinance [Chapter 22]:
[Ord. 1998-5, 7/20/1998, § 5.200; as amended by
Ord. 2010-11, 11/15/2010, §§ 3, 4]
1.
Land Use Activity: A, Residential.
A.
Mobile Home, Single-Family Dwelling. Mobile homes are permitted to
be located in mobile home parks only. All mobile homes shall be placed
upon a masonry perimeter foundation with a footer installed to a minimum
depth of four feet below the surface of the ground or below the frost
line. The mobile home shall have wheels, axles and hitch mechanisms
removed. The mobile home shall be securely anchored to the foundation
at the four corners and two midpoints or according to the manufacturers
recommendations.
B.
Two-Family Dwelling. This use is permitted as set forth in Schedule
27-I.[1] The following standards, requirements, and criteria shall
apply: Minimum lot area, width and minimum yards for this use shall
be as set forth in the following Schedule except when the clustering
option is selected in the R-2 District. Maximum building height shall
be 2 1/2 stories or 35 feet and maximum building coverage shall
be 25%. One thousand square feet of usable open space shall be provided
for each dwelling unit.
|
Regulations for Two-Family Dwellings
| ||||||
|---|---|---|---|---|---|---|
|
Require- ments for Lots Having:
|
Minimum Lot per Two-Family Dwelling
|
Minimum Yards
| ||||
|
Area
(Square Feet)
|
Width
(Feet)
|
Front
(Feet)
|
Rear
(Feet)
|
One Side
(Feet)
|
Both Sides
(Feet)
| |
|
Centralized Water and Sewer
|
20,000
|
90
|
30
|
50
|
10
|
20
|
|
Centralized Water or Sewer
|
30,000
|
100
|
35
|
50
|
10
|
30
|
|
On-Lot Water and Sewer
|
40,000
|
125
|
40
|
60
|
20
|
45
|
[1]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
C.
Dwelling in Conjunction with a Nonresidential Use. This use is permitted
as set forth in Schedule 27-I.[2] The following standards, requirements and criteria shall
apply:
(1)
One dwelling unit shall be permitted in conjunction with a permitted,
approved nonresidential use in the C-1, C-2 and C-3 Districts.
(2)
If the dwelling unit is located within the same structure or
building as the nonresidential use, 10,000 square feet of lot area
shall be provided for use by the occupants of the dwelling unit in
addition to the lot area required by this chapter for the nonresidential
use. Separate entrances and exits shall be provided for the dwelling
unit. All applicable codes regarding fire, safety and housing shall
be met.
(3)
If the dwelling unit is located within a structure or building
separate from the nonresidential use, sufficient lot area required
for a single-family dwelling in R-3 District shall be provided in
addition to the lot area required for the nonresidential uses. All
district requirements for yards, setbacks and building height and
density for a single-family dwelling in the R-3 District shall also
be met.
[2]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
D.
Conversion to Dwelling. This use is permitted as set forth in Schedule
27-I.[3] The following standards, requirements and criteria shall
apply: The conversion of any structure existing at the effective date
of this chapter on a designated lot to a dwelling use, shall be subject
to Schedules 27-I, 27-II, all other applicable regulations and the
following requirements:
(1)
Site and architectural plans for the conversion of said structure
shall be submitted to the Township Zoning Officer together with an
application for a use permit. If two or more families are to be housed
above the ground floor, such plans shall bear the approval of the
Pennsylvania Department of Labor and Industry as required by law.
(2)
Such plans shall provide adequate and suitable parking or storage
space as per Schedule 27-VI of this chapter.
(3)
Required parking spaces shall not be located within any required
yard areas.
(4)
The lot area per dwelling unit shall not be reduced to less
than the lot area required for the district in which such lot is situated.
(5)
The yard, building area and other applicable requirements of
the district shall not be reduced.
(6)
External alteration of the building for reasons of safety; fire
escape and outside stairways shall (where practical) be located to
the side or rear of the building and any other external alterations
shall be compatible with the architectural style of the building and
shall be in harmony with the environment.
(7)
The resulting dwelling units shall have a minimum floor area
as required by the table in Part 6.
(8)
Where public sewer disposal is not utilized, the applicant shall
submit to the Township a permit for an on-site sewage disposal system
issued by the Sewage Enforcement Officer, certifying the sewage disposal
facilities are adequate for the projected number of residents.
[3]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
E.
Additional Requirements for Conversion to Multifamily Dwellings.
This use is permitted as set forth in Schedule 27-I.[4] The following standards, requirements and criteria shall
apply: The applicant shall meet all applicable state and federal requirements
for multifamily housing and shall provide the Township with copies
of the required permits or licenses. Minimum off-street parking requirements
of this chapter shall be met for existing and new uses on the tract
of land.
A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
[4]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
F.
Townhouses, Garden Apartments, Low-Rise Apartment Buildings (Multifamily
Dwelling Structures). These uses are permitted as set forth in Schedule
27-I.
[Added by Ord. 2010-11; as amended by Ord. 1-2014, 8/19/2014]
(1)
The following standards, requirements and criteria shall apply:
Central water and central sewer systems are required unless a subsurface
sewage disposal system includes a sewage disposal replacement area
reserved for future use and such system is approved by the Township
Sewage Enforcement Officer, and/or state Department of Environmental
Protection, and/or other applicable codes, including but not limited
to the Building Code.[5]
(2)
Requirements for multifamily housing developments in Chapter 22, Subdivision and Land Development, shall also be met. Minimum lot areas and width, minimum yards, maximum height of buildings, maximum ground coverage, and the maximum floor area ratio for multifamily dwelling structures, as special exceptions and/or conditional uses within the R-2 District, shall be those set forth in Schedule 27-II[6] for multifamily dwelling structures within the R-3 Zone.
Minimum lot areas and widths, minimum yards, maximum height of buildings,
maximum ground coverage, and maximum floor area ratio for multifamily
dwelling structures in the C-1 Neighborhood Mixed-Use District shall
be as set forth in Schedule 27-II, as amended.
[6]
Editor's Note: Schedule 27-II is included as an attachment
to this chapter.
(3)
Up to 12 multifamily dwellings shall be permitted by right in the C-1 Neighborhood Mixed-Use District, notwithstanding "Supplemental Requirements for Special/Conditional Uses" under § 27-501, Subsection 4. Multifamily dwelling units shall be permitted by special exception in the C-1 Neighborhood Mixed-Use District when the number of units is between 13 units and 49 units. Multifamily dwelling units shall be permitted by conditional use in the C-1 Neighborhood Mixed-Use District when the number of units exceeds 49 units. Multifamily dwelling projects consisting of 20 or more dwelling units in the C-1 Neighborhood Mixed-Use District shall require a minimum of 10% of total floor area, as defined by this Zoning Ordinance, to be designated and occupied by nonresidential use(s) which are permitted by right, special exception, and/or conditional use in the C-1 Neighborhood Mixed-Use District.
(4)
In addition, 500 square feet of usable open space, of less than 15% slope and free of health and safety hazards, shall be provided for each housing unit. There shall be a maximum of 12 dwelling units per structure. Minimum floor area per dwelling unit shall comply with requirements of § 27-601, Subsection 4. Multifamily dwelling projects shall be required to meet the standards of § 27-603, Landscaping, Planting and Revegetation Requirements, as amended.
2.
Conservation Design Development. Conservation design development
shall be required for all major subdivisions and all land developments
in accord with this section and all other applicable standards.
A.
Purpose, Development Options, Applicability and Design Process.
(1)
Purpose. In addition to the general community development objectives in § 27-105, the goals and objectives of the Multi-Municipal Comprehensive Plan adopted May 26, 2005, as may be amended, and the intents for individual zoning districts, it is the purpose of conservation design development to:
(a)
Conserve undeveloped land for the purpose of protecting primary
and secondary conservation areas in contiguous, unfragmented, commonly
managed landscapes to:
(b)
Contribute to the creation of a community-wide greenway system
for the benefit of present and future residents.
(c)
Protect productive agricultural and silvicultural soils for
continued or future use by conserving blocks of land large enough
to allow for efficient production operations.
(d)
Conserve existing landscape character by minimizing views of
new development from existing roads, thereby reducing perceived density.
(e)
Encourage innovation and promote flexibility, economy and ingenuity
in development.
(f)
Provide multiple development options for landowners to reflect
their varying circumstances and the individual characteristics of
their properties.
(g)
Provide for a diversity of lot sizes, building densities, and
housing choices to accommodate a variety of age and income groups,
and residential preferences.
(h)
Provide homes with direct views of greenway land, organized
around common greens.
(i)
Provide for the conservation and maintenance of greenway land
and for active or passive recreational use by residents.
(j)
Provide greater efficiency in the siting of services and infrastructure,
including the opportunity to reduce length of roads, utility runs,
and the impervious cover required for residential development.
(k)
Provide a wider range of feasible locations for stormwater and
wastewater facilities in order to comply with prevailing state-of-art
designs and best management practices.
(l)
Protect water quality and reduce erosion and sedimentation by
retaining existing vegetation and minimizing development of steep
slopes.
(m)
Implement natural resource conservation policies set forth in
the Township's Open Space Plan.
(n)
Implement land use, open space, and community policies set forth
in the Township's Comprehensive Plan.
(2)
Development Options. In order to achieve the purposes in Subsection 2A(1) above, the following three development options are permitted by right:
(a)
Option 1 — Basic Density with Basic Conservation. Providing for residential lots/units at the density permitted by the density and greenway land table in § 27-502, Subsection 2D, with greenway land comprising not less than 50% of the tract in O-1, S-1 and R-1 Districts and not less than 40% in R-2 and R-3 Districts.
(b)
Option 2 — Increased Density with Increased Conservation with Affordable or Age Restricted Bonus Units. Providing for residential lots/units at the density permitted by the density and greenway land table in § 27-502, Subsection 2D, with greenway land comprising not less than 60% of the tract in O-1, S-1 and R-1 Districts and not less than 50% in R-2 and R-3 districts. All dwelling units in excess of the number which would be permitted under Option 1 shall be affordable or age restricted units of a type permitted in the zoning district of proposed location.
(3)
Applicability.
(a)
Ten Acres or More. All tracts of 10 acres of gross tract area
or larger shall be subject to conservation design development in accord
with this subsection.
(b)
Exemption. In lieu of the four-step conservation design process in accord with § 22-202, Subsection 4D, of the Township Subdivision and Land Development Ordinance [Chapter 22] may be applied to parcels of 10 acres of gross tract area or larger validly existing as of the effective date of this section provided all of the following area satisfied:
1)
The applicant shall submit with the subdivision application
the applicable USGS 7.5 minute series quadrangle showing the entire
parcel and a sketch of the entire parcel showing the proposed lots
in relation to the entire parcel. This will enable the Township and
the applicant to identify and discuss any effects the proposed subdivision
may have on the long term use of the property, primary and secondary
conservation areas, and the network of open land in the Township.
2)
The total number of lots subdivided from the original tract
(i.e., the parcel as it existed at the time of the effective date
of this section) or any lot subdivided from the original tract shall
not exceed two lots in any five-year period.
(c)
Less Than 10 Acres. Separately deeded tracts of less than 10
acres of gross tract area validly existing as of the effective date
of this section may be developed as:
(d)
Act 319 Lands. On lands enrolled in the Pennsylvania Act 319
(Clean and Green) Program [72 P.S. § 5490.1 et seq.], the
subdivision of one lot per year meeting the minimum requirements of
the Act 319 Program shall be exempt from the requirements of this
section, and the lot shall count against the two-lot maximum established
in Subsection 2A(3)(b)2).
(e)
Existing Conservation Easements. Conservation easements which
provide for the subdivision of lots shall be exempt from the requirements
of this section provided such easement preexisted the effective date
of this section and the lot size stipulated in the easement for the
lots to be subdivided complied with the requirements of the chapter
provisions in effect at the time the conservation easement was recorded.
(4)
Conservation Design Process. All conservation design developments and the following types of subdivisions and land developments shall be designed using the four-step conservation design process in accord with § 22-202, Subsection 4D, of the Township Subdivision and Land Development Ordinance [Chapter 22]:
B.
General Regulations. The design of all new conservation design developments
shall be governed by the following minimum standards:
(1)
Ownership. The development tract shall be held in single ownership.
(2)
Primary Conservation Areas. The proposed design shall conserve the primary conservation areas. Demonstration by the applicant that these features are conserved by the proposed design shall be prerequisite to all preliminary and final plan approvals under the Subdivision and Land Development Ordinance [Chapter 22]. Primary conservation areas include:
C.
Use Regulations.
(1)
Uses Permitted in Options 1 through 3. The following uses shall
be permitted in Option 1, Option 2 and Option 3 conservation design
developments:
D.
Maximum Dwelling Units and Minimum greenway land.
|
Density and Greenway Land
| |||||
|---|---|---|---|---|---|
|
OPTION 1
Basic Density and Basic Conservation
|
OPTION 2
Increased Density with Increased Conservation3
|
OPTION 3
Estate Lots
| |||
|
Density Factor
(SF ATA/DU1)
|
Minimum Greenway Land2
|
Density Factor
(SFATA/ DU1)
|
Minimum Greenway Land2
|
Minimum Lot Size
|
Minimum Greenway Land
|
|
O-1 Open Space and Preservation District
| |||||
|
80,000
|
50% ATA
|
53,300
|
60% ATA
|
160,000
|
none
|
|
S-1 Special and Recreational District
| |||||
|
60,000
|
50% ATA
|
40,000
|
60% ATA
|
120,000
|
none
|
|
R-1 Low Density Residential District
| |||||
|
30,000
|
50% ATA
|
20,000
|
60% ATA
|
60,000
|
none
|
|
R-2 Low-Medium Density Residential District
| |||||
|
20,000
|
40% ATA
|
13,300
|
50% ATA
|
40,000
|
none
|
|
R-3 Medium Density Residential District Single-Family
Dwellings
| |||||
|
15,000
|
40% ATA
|
10,000
|
50% ATA
|
30,000
|
none
|
|
R-3 Medium Density Residential District Two-Family and
Multifamily Dwellings
(A landscape plan and landscaping is required for this land use activity in accord with § 27-603 of this chapter.)
| |||||
|
12,500
|
40% ATA
|
10,000
|
50% ATA
|
NA
|
NA
|
|
1
|
SF ATA = square feet of adjusted tract acreage in Subsection 2D(3)(c).
|
|
2
|
Plus constrained land calculated in Subsection 2D(3)(b).
|
|
3
|
With affordable or age restricted bonus units.
|
(1)
Dwelling Units. The maximum number of dwelling units shall be determined by using one of two approaches: a calculation using the density factor in the Density and Greenway Land Table and the formulas in Subsection 2D(3), or by a yield plan detailed in Subsection 2D(4). The applicant shall determine which approach is most suitable.
(2)
Greenway Land. The minimum greenway land shall be as set forth
in the Density and Greenway Land Table, regardless of which method
is used to determine the maximum number of dwelling units.
(a)
Delineation. Greenway land shall be delineated to include all
primary conservation areas and, in addition, sufficient secondary
conservation areas that, when added to the primary conservation areas,
shall not be less than the minimum required greenway land.
(b)
Common Greens in Option 1 and Option 2. In Option 1 and Option
2 in R-1, R-2 and R-3 Districts part of the required greenway land
shall be in the form of common greens and common greens may be provided
in other districts. If required or provided, the percentage of open
space in common greens shall be as follows:
(3)
Adjusted Tract Area Approach. Determination of the maximum number
of dwelling units shall be based upon the following calculations:
(a)
Determine Gross Tract Area. Gross tract area shall equal the
acreage within the legally described parcel minus existing public
or private road rights-of-way.
(b)
Determine Constrained Land. Constrained land consists of the
resources listed in the Constrained Land Table multiplied by a protection
factor and totaled. If two or more resources overlap, only the resource
with the highest protection factor shall be used.
|
Constrained Land
| ||||
|---|---|---|---|---|
|
Resource
|
Area of Resource
(acres)
|
Protection Factor
|
Constrained Land
(acres)
| |
|
A
|
Existing utility rights-or-way
|
x 1.00
|
=
| |
|
B
|
Portion of lands under conservation easement that are restricted
from further development
|
x 1.00
|
=
| |
|
C
|
Floodway (if not mapped by FEMA assume 50 feet each side of
top-of-bank of stream)
|
x 1.00
|
=
| |
|
D
|
one-hundred-year floodplain (if not mapped by FEMA area is included
in floodway above)
|
x 0.50
|
=
| |
|
E
|
Wetlands as determined by a delineation
|
x 0.95
|
=
| |
|
F
|
Prohibitive steep slopes (30% or greater) over 3,000 square
feet in area
|
x 1.00
|
=
| |
|
G
|
Precautionary steep slopes (15% to less than 30%) over 3,000
square feet in area
|
x 0.25
|
=
| |
|
H
|
Rock outcrops over 2,500 square feet in area
|
x 0.90
|
=
| |
|
I
|
Ponds, lakes and streams to the high water mark
|
x 1.00
|
=
| |
|
J
|
Constrained Land = Sum of A through I
|
=
| ||
(c)
Determine Adjusted Tract Area (ATA) — adjusted tract area
equals the gross tract area minus the constrained land.
|
Adjusted Tract Area
| ||
|---|---|---|
|
A
|
Gross tract area
|
__________ acres
|
|
B
|
Minus Constrained Land from Constrained Land Table in Subsection 2D(3).
|
-_____ acres
|
|
C
|
Equals Adjusted Tract Area
|
= _____ acres ATA
|
(d)
Maximum Number of Dwelling Units.
1)
In Options 1 and 2, the maximum number of dwelling units equals
the adjusted tract area (ATA) divided by the applicable density factor
set forth in the Density and Greenway Land Table. Where calculations
result in fractional numbers, the fraction shall be rounded down to
the next whole number.
|
Maximum Number of Dwelling Units
| ||
|---|---|---|
|
A
|
Adjusted tract area (from the Adjusted Tract Area Table in Subsection 2D(3)(c) converted to square feet)
|
_____ SF
|
|
B
|
Divided by density factor (from the Density and Greenway Land
Table in this paragraph.
|
+ _____
|
|
C
|
Equals maximum number of dwelling units
|
= _____ DU
|
(4)
Yield Plan Approach (applicable to Options 1 and 2).
(a)
Number of Units Permitted.
1)
Option 1. For Option 1, the maximum number of dwelling units
shall be determined by a layout with conventional lotting using the
standards in Schedule 27-II[8] in Part 4 of this chapter based on the availability of public water and public sewer. The number of units permitted in the conservation design development shall equal the number of units on the yield plan, provided it meets the requirements of this section and the Subdivision and Land Development Ordinance [Chapter 22] applicable to conventional subdivisions.
[8]
Editor's Note: Schedule 27-II is included as an attachment
to this chapter.
2)
Option 2. For Option 2, the maximum number of units permitted
shall equal the number of units on an Option 1 Yield Plan, multiplied
by a factor of 1.5.
(b)
Constrained Lands. For the purposes of meeting the minimum lot size requirement in the Option 1 Yield Plan the constrained land as calculated in the Constrained Land Table in Subsection 2D(3)(b) shall not be included.
(c)
Plan Requirements.
1)
SALDO Requirements. Yield plans must be prepared in accord with the standards of the Subdivision and Land Development Ordinance [Chapter 22], containing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.
2)
Resource Identification. The yield plan must identify the site's
primary and secondary conservation areas, as identified in the existing
resources/site analysis plan, and demonstrate that the primary conservation
areas could be successfully absorbed in the development process without
disturbance, by allocating this area to proposed single-family dwelling
lots which conform to the required dimensional standards. The yield
plan shall be based upon accurate mapping of wetlands, one-hundred-year
floodplain and land with slopes 15% and greater.
3)
Individual Sewage Disposal Systems. On sites not served by central
sewage disposal, density shall be further determined by evaluating
the number of homes that could be supported by soils-based individual
on-lot sewage disposal systems. Based on the existing resources/site
analysis plan and observations made during an on-site visit of the
property, the Township shall select a 10% sample of the lots considered
to be marginal for on-lot sewage disposal. The applicant shall provide
evidence that these lots meet the standards for an individual on-lot
sewage disposal system and system replacement area before the applicant
shall be granted the full density determined by the yield plan. Should
any of the lots in a sample fail to meet the standard for individual
septic system, those lots shall be deducted from the yield plan and
a second 10% sample shall be selected by the Township and tested for
compliance. This process shall be repeated until all lots in a given
sample meet the standard for an individual soils-based on-lot sewage
disposal system.
(5)
Preservation of Historic Dwellings. To encourage the preservation
of historic dwellings, such preserved dwellings shall not count toward
the permitted maximum number of dwelling units, provided:
E.
Dimensional and Design Standards for Options 1 through 3.
(1)
Option 1 and Option 2. The standards in the following Dimensional
Standards for Single-Family Dwellings Option 1 and Option 2 Table
shall apply to Option 1 and Option 2:
|
Dimensional Standards for Single-Family Dwellings
Option 1 — Basic
Option 2 — Affordable or Age Restricted
| |||
|---|---|---|---|
|
O-1 and S-1
|
R-1 and R-2
|
R-3
| |
|
Minimum lot area
|
None
|
None
|
None
|
|
Maximum depth to width ratio
|
5 to 1
|
5 to 1
|
5 to 1
|
|
Minimum front yard
|
20 feet
|
20 feet
|
20 feet
|
|
Minimum rear yard
|
40 feet
|
30 feet
|
25 feet
|
|
Minimum rear yard for accessory buildings
|
10 feet
|
10 feet
|
10 feet
|
|
Minimum side yard
|
5 feet
30 feet aggregate
|
5 feet
25 feet aggregate
|
5 feet
25 feet aggregate
|
|
Minimum dwelling unit separation
|
30 feet
|
30 feet
|
30 feet
|
|
Maximum building height
|
35 feet
|
35 feet
|
35 feet
|
(2)
Option 3. The standards in the following Dimensional Standards
for Single-Family Dwellings Option 3 Table shall apply to Option 3:
|
Dimensional Standards for Single-Family Dwellings
Option 3-Estate Lots
| |||||
|---|---|---|---|---|---|
|
O-1
|
S-1
|
R-1
|
R-2
|
R-3
| |
|
Minimum lot area
|
160,000 SF
|
120,000 SF
|
60,000 SF
|
40,000 SF
|
30,000 SF
|
|
Maximum depth to width ratio
|
5 to 1
|
5 to 1
|
5 to 1
|
5 to 1
|
5 to 1
|
|
Minimum front yard
|
60 feet
|
50 feet
|
40 feet
|
35 feet
|
30 feet
|
|
Minimum rear yard
|
100 feet
|
75 feet
|
60 feet
|
50 feet
|
45 feet
|
|
Minimum side yard (each)
|
50 feet
|
25 feet
|
20 feet
|
15 feet
|
10 feet
|
|
Maximum building height
|
35 feet
|
35 feet
|
35 feet
|
35 feet
|
35 feet
|
(3)
Maximum Ground Coverage. Maximum ground coverage for single-family
dwellings in Options 1 through 3 shall be limited in accord with the
following Maximum Ground Coverage Table.
|
Maximum Ground Coverage for Single-Family Dwellings
Option 1 — Basic
Option 2 — Affordable or Age Restricted
Option 3 — Estate Lots
| |
|---|---|
|
Lot Area
|
Maximum Ground Coverage
|
|
Less than 10,000 square feet
|
50%
|
|
10,000 — 19,999 square feet
|
40%
|
|
20,000 — 43,560 square feet
|
30%
|
|
More than 43,560 square feet
|
Reduce limit by 1.5% for each additional acre or fraction thereof
down to a lowest value of 10%
|
|
* As lot area increases and the maximum ground coverage decreases,
ground coverage need not be reduced to less than 10%. Examples follow:
11-acre lot → 10 additional acres @ 1.5% per acre = 15
point reduction → 30% = 15% coverage
21-acre lot → 20 additional acres @ 1.5% per acre = 30
point reduction → defaults to 10% coverage
| |
(4)
Dimensional Standards for Two-Family and Multifamily Dwellings.
The standards in the Dimensional Standards for Two-Family Dwellings
and Multifamily Dwellings Table shall apply:
|
Dimensional Standards for Two-Family Dwellings and Multifamily
Dwellings
Option 1 — Basic
Option 2 — Affordable or Age Restricted
| |
|---|---|
|
Minimum individual lot area
|
none
|
|
Minimum separation of principal buildings
|
35 feet
|
|
If individual lots are provided: minimum lot width
|
18 feet (24 feet if a two-car garage or parking of 2 cars side-by-side
is provided in the front
|
|
Minimum setback from any adjoining internal street, street right-of-way,
common parking area or sidewalk
|
20 feet
|
(5)
Dwelling Lots/Greenway Land. No part of any dwelling lot shall
encroach upon greenway land.
(6)
Setbacks. All new dwelling units shall meet the setback requirements
in the following Dwelling Setbacks Table:
|
Dwelling Setbacks
| ||
|---|---|---|
|
From:
|
Single-Family
|
Two-Family and Multifamily
|
|
External Township or state road rights-of-way
|
100 feet
|
100 feet
|
|
Other perimeter boundaries of the development tract
|
50 feet
|
75 feet
|
|
Crop land or pasture land not on the development parcel
|
100 feet
|
100 feet
|
|
Building or barnyards housing livestock not on the development
parcel
|
300 feet
|
300 feet
|
|
Active recreation areas such as courts and play fields not on
the development parcel (not including tot lots)
|
150 feet
|
150 feet
|
(7)
Water Supply and Sewage Disposal.
(a)
Individual Wells. Single-family dwelling lots served by individual
wells shall be a minimum of 1/2 acre in size.
(b)
Individual On-Site Sewage Disposal. Two suitable locations meeting
DEP requirements shall be identified and reserved for each individual
on-site sewage disposal system.
(c)
Two-Family and Multifamily. Two-family dwellings and multifamily
dwellings shall be served by a public water supply and a public sewage
disposal system.
F.
Uses Permitted on Greenway Land. The following uses are permitted
in greenway land areas:
(1)
Open Land. Conservation of open land in its natural state (for
example, woodland, fallow field, or managed meadow).
(2)
Agriculture and Horticulture. Agricultural and horticultural
uses, including raising crops or livestock, wholesale nurseries, associated
buildings. Specifically excluded are dwellings, commercial livestock
operations involving swine, poultry, mink, and other animals likely
to produce highly offensive odors.
(3)
Horses. Pasture land for horses used solely for recreational
purposes. Equestrian facilities shall be permitted but may not consume
more than 50% of the minimum required greenway land.
(4)
Forestry. Forestry pursuant to Ord. 2001-1 (§ 27-503, Subsection 1H), as may be amended, and in keeping with established best management practices for selective harvesting and sustained yield forestry as published by the Pennsylvania Bureau of Forestry.
(5)
Neighborhood Open Space. Uses such as village greens, commons,
picnic areas, community gardens, trails, and similar low-impact passive
recreational.
(6)
Recreation. Active noncommercial recreation areas, such as playing
fields, fields, playgrounds and bikeways, not requiring supporting
structures. Such recreational uses shall meet the following standards:
(a)
Such areas shall not consume more than 50% of the minimum required
greenway land or five acres, whichever is less. The five-acre limit
may be increased to 10 acres on development parcels 200 acres or larger.
(b)
Playing fields and playgrounds shall not be located within 100
feet of the tract boundary or a dwelling unit within the development
parcel.
(c)
Minimum parking facilities for the same, as determined by the
Board of Supervisors, may also be permitted. Such lots may be paved
with gravel and shall be unlighted, properly drained and provided
safe ingress and egress.
(7)
Golf Courses. Audubon International Signature golf courses and
their accessory facilities and parking areas, when permitted by the
underlying zoning district, may comprise up to 50% of the minimum
ATA of the required greenway land. This use shall not include driving
ranges or miniature golf. The gross floor area devoted to sales of
golf equipment, clothing, food and other similar items shall not exceed
1,200 square feet. Accessory facilities and parking areas shall not
count toward the minimum greenway land requirement.
(8)
Water/Sewer/Stormwater. Water supply system, sewage disposal
system, stormwater management systems and associated easement provided
the total area does not exceed 20% of the minimum ATA required in
the greenway land. The following standards shall apply:
(b)
Sewage Disposal System.
1)
Sewage treatment lagoons, structures, structure access areas
and parking lots shall not count toward the greenway land requirement.
2)
Individual treatment tanks and primary absorption fields serving
individual dwelling units shall be located within the lots they serve.
Reserve absorption field areas shall be located within the lots they
serve unless the applicant can meet all requirements set forth below
to locate reserve absorption field areas in the greenway land. If
any applicant proposes to locate reserve absorption field areas in
the greenway land prior to or after subdivision plan approval the
applicant can apply for a request for modification from the Board
of Supervisors after recommendation by the Planning Commission for
each reserve absorption field area to be located in the greenway land.
The applicant shall be required to demonstrate the following:
a)
Site constraints prohibit locating reserve absorption
field areas on the lots they serve.
b)
PA DEP regulations permit reserve absorption field
areas in the greenway land.
c)
Each proposed reserve absorption field area located
in the greenway land is situated in the closest proximity to the lot
served.
d)
The responsibility for the maintenance of any individual
absorption system shall be clearly defined including adequate surety,
and an easement for the installation and maintenance of any such system
shall be provided.
e)
Soil absorption areas in greenway land shall not
obstruct or fragment active or passive recreation areas such as trails
and play areas.
3)
Sewage disposal areas in greenway land shall be appropriate
for active or passive recreation or shall be managed as meadows; and
may be counted toward the minimum greenway land requirements.
4)
Drainage easements for sewer lines may be counted toward the
minimum greenway land requirement.
(c)
Stormwater Management Systems. The following stormwater management practices may be counted toward the minimum greenway land requirement, provided they meet the guidelines in the Pennsylvania Stormwater Best Management Practices Manual and comply with the requirements of the Stroud Township Stormwater Management Ordinances [Chapter 23].
(9)
Easements. Easements for drainage, access, sewer or water lines,
or other public purposes.
(10)
Utility Rights-of-Way. Above-ground utility and street rights-of-way
may traverse conservation areas but shall not count toward the minimum
required greenway land.
G.
Greenway Land Design and Other Standards. Greenway land in all options shall be identified and laid out in accord with § 22-202, Subsection 4D, four-step design process which begins with the identification of primary and secondary conservation areas, and shall comply with § 22-309, Subsection 16, Greenway Lands Design Standards, and other applicable standards in the Subdivision and Land Development Ordinance [Chapter 22] and any modifications of said standards granted by the Board of Supervisors.
[Ord. 1998-5, 7/20/1998, § 5.300; as amended by
Ord. 2000-9, 6/19/2000, § 3; by Ord. 2001-1, 2/26/2001,
§§ 3, 4; by Ord. 2003-3, 5/5/2003, § 5; by
Ord. 2009-3, 6/2/2009, § 1; by Ord. 2011-6, 9/20/2011, § 1;
and by Ord. 2011-8, 11/1/2011, § 4]
1.
SIC Land Use Activity B, Agriculture, Forestry, Fishing and Mining.
A.
Agricultural crop production, animal husbandry and intensive agriculture.
[Added by Ord. No. 7-2019, 10/15/2019]
(1)
General standards. The following standards apply to all agricultural
crop production, animal husbandry and intensive agriculture uses:
(a)
No more than one dwelling unit shall be permitted on a property
on which an agricultural use is the principal use.
(b)
Setbacks for residential buildings on a property with an agricultural
use shall be as required by the zoning district within which it is
located.
(c)
Nonresidential farm structures, including barns, silos, water
towers, and bulk bins, are exempt from the maximum height limit specified
within the zoning district regulations, provided that the distance
between a structure and the nearest property line or public street
right-of-way is equal to or greater than the height of the structure.
(d)
All areas outside of an enclosed building used for feeding or
grazing of animals shall be completely fenced so that animals cannot
leave the property.
(e)
No animal(s) shall be kept in a manner which provides harborage
or breeding ground for flies, vermin, or other vectors.
(f)
No animal(s) shall be kept under conditions that violate the
provisions of Pennsylvania law relating to cruelty to animals (found
at 18 Pa.C.S.A. §§ 5531 through 5561).
(g)
No animal(s) shall be kept in such a manner as to cause a violation
of the performance standards contained within this chapter.
(h)
Feed yards, pens, corrals, manure storage areas and facilities,
and confinement areas, except grass-covered pastures, shall not be
located within a 100-year floodplain.
(i)
Manure storage areas and facilities and feed yards shall be
set back from property lines 150 feet or the distance set by the Pennsylvania
Conservation Commission, whichever is greater.
(2)
Agricultural Crop Production Standards. In addition to the general
standards above, the following standards apply to all agricultural
crop production uses:
(a)
Production of normal agricultural field crops, orchards and
vineyards, ornamental plant nurseries, tree farms, gardens and greenhouses,
where permitted as permitted uses as set forth in Schedule 27-1,[1] may be conducted without issuance of a zoning permit.
[1]
Editor's Note: Schedule 27-1 is included as an attachment
to this chapter.
(b)
Minimum lot size, width, and yard requirements and maximum ground
coverage apply only to construction of buildings, including greenhouses
attendant or accessory to crop production.
(3)
Animal husbandry standards. In addition to the general standards
above, the following standards apply to all animal husbandry uses:
(a)
The minimum size lot or parcel for these uses shall be three
acres.
(b)
All buildings and structures for the housing of livestock or
poultry for animal husbandry uses shall be located not less than 100
feet from the adjoining property lines. Any exhaust shall be directed
away from the closest adjoining residences or commercial buildings.
(c)
A plan must be submitted and maintained for the disposal of
animal carcasses, either by controlled incineration on site or by
being removed from and disposed of off the premises. Animal carcasses
shall not remain on the premises for more than 24 hours after the
animal's death.
(d)
Odor abatement practices shall be employed to minimize odors
which could affect adjacent residential uses.
(4)
Intensive Agriculture Standards. In addition to the general
standards above, the following standards apply to all intensive agriculture
uses:
(a)
The minimum size lot or parcel for these uses shall be three
acres.
(b)
All buildings and structures for the housing of livestock or
poultry for intensive agricultural operations shall be located the
greater of:
1)
The distance required by an approved odor management plan from
an adjoining property line or residence or building within which people
reside or work on an adjoining property.
2)
Two hundred feet from all property lines.
3)
Two hundred fifty feet from an adjoining residence or commercial
building in which people reside or work. Any exhaust shall be directed
away from the closest adjoining residences and/or commercial buildings.
(c)
No intensive agriculture building shall be built in the 100-year
floodplain.
(d)
Intensive agriculture activities shall be conducted in a manner
consistent with accepted agriculture best management practices, and
best available technologies, as issued by the Pennsylvania Department
of Agriculture, the State Conservation District, the Pennsylvania
Department of Environmental Protection, Pennsylvania State University,
College of Agriculture, or similar recognized entities and shall be
subjected to all applicable local, state and federal regulations.
The management of mushroom waste shall be in specific conformity with
the DEP manual entitled "Best Practices for Environmental Protection
in the Mushroom Farm Community," and the failure to so comply will
result in the mushroom waste being subject to all state and federal
regulations for residue waste application, storage, composting and
transportation.
(e)
A copy of the nutrient management plan approved by the State
Conservation Commission, Monroe County Conservation District or other
agency under the guidelines of the Pennsylvania Code for applicable
intensive agriculture operations shall be provided to the Township
before issuance of zoning permit for intensive agriculture use.
(f)
A plan must be submitted and maintained for the disposal of
animal carcasses, either by controlled incineration on site or by
being removed from and disposed of off the premises. Animal carcasses
shall not remain on the premises for more than 24 hours after the
animal's death.
(g)
An odor management plan developed by a certified odor management
specialist, as approved by the State Conservation Commission, Monroe
County Conservation District or other agency under the guidelines
of the Pennsylvania Code for applicable intensive agriculture operations
shall be provided to the Township before issuance of a zoning permit
for intensive agriculture use.
(h)
A copy of any required National Pollutant Discharge Elimination
System (NPDES) permit application submitted to the Pennsylvania Department
of Environmental Protection and a copy of the NPDES permit approved
by the Pennsylvania Department of Environmental Protection shall be
submitted to the Township.
(i)
A stormwater management plan shall be prepared for all proposed
intensive agriculture uses and submitted to the Township for approval
before issuance of a zoning permit for intensive agriculture use.
C.
Veterinary Services (SIC 0742). This use, which may include indoor
veterinary/medical boarding, is a permitted use in the C-1 and C-2
Districts as set forth in Schedule I. The following standards, requirements
and criteria shall apply: All services shall be contained indoors
in a fully enclosed building. Any pet "walk and waste" area shall
be in the rear yard of the property, no closer than 20 feet from the
side or rear property lines, and cleaned on a daily basis.
[Amended by Ord. No. 3-2018, 6/19/2018]
D.
Kennel (SIC 074, 075). This use is permitted as set forth in Schedule I. This use shall not include kennels related to veterinary/medical boarding services as set forth in Subsection 1C. The following standards, requirements and criteria shall apply: Kennels shall require a minimum parcel size of two acres with minimum setbacks of 100 feet from any residential zone or existing residential uses. All general performance standards set forth in Article VI shall be met. Copies of any required licenses and permits shall be provided to the Township. A landscape plan and landscaping are required for this land use activity as per § 27-603 of this chapter.
[Amended by Ord. No. 3-2018, 6/19/2018]
E.
Mining, Mineral Extraction and Processing (SIC 10, SIC 12, SIC 13,
SIC 14). This use is permitted as set forth in Schedule 27-I. The
following standards, requirements and criteria shall apply: New excavations
or expansions of existing excavations for the removal of topsoil,
earth materials, stone or mineral products for commercial use shall
be undertaken and conducted with respect for the environment, and
the health, safety, welfare of the neighborhood and community.
Mineral extraction and processing, including sand and gravel,
shale and topsoil and peat extraction, may be permitted as set forth
in Schedule 27-I provided that required Commonwealth of Pennsylvania
permits are secured and that their activities and residual effects
do not create conditions hazardous or otherwise adverse to value and
use of adjacent properties or the well being of the surrounding area
and its residents. The site shall also be reclaimed to a non-hazardous
state permitting some reasonable future use and that the extracting
activities and resulting condition of the site will not result in
environmental degradation of the surrounding area. All activities
of these land uses shall be effectively screened from adjacent properties
and setback from adjacent properties by a minimum distance of 50 feet
and from residential structures by a minimum distance of 200 feet.
Unique or environmentally significant natural features and significant
historic or architectural structures and sites shall be protected
from disruption or adverse effects from quarrying and or mining activities.
Site development plans, operation plans and schedule, interim erosion
control plans and site reclamation plans shall be submitted for review
and other requirements of Part 6 shall be met prior to any conditional
use approval for any mining, quarrying or borrow pit operations.
All mining and mineral extraction operations shall comply with
the following requirements:
(1)
The applicant shall prepare and submit an application for a
non-coal mining permit to the Department of Environmental Protection
in accordance with 25 Pa. Code, Chapter 77. Concurrent with the submission
of the application to DEP, the applicant shall provide copies of the
application to the Township. The Township reserves the right to make
comments and recommendations to DEP with respect to the application.
Any approval of the application by the Township shall be conditioned
upon the approval of the application by DEP.
(2)
The applicant shall submit a soil erosion and sedimentation
control plan in an acceptable form to the Township and to the local
state authorized review agency.
(3)
Regardless of the modified requirements of 25 Pa. Code, Chapter
77, for small non-coal surface mining operations as set forth in § 77.108,
the applicant for such small non-coal surface mining activities in
Stroud Township shall prepare and submit to the Township all information
required in subchapters G and H of 25 Pa. Code, Chapter 77.
(4)
The Township may require the applicant to post bond to assure
the Township that the operation will be carried out in a proper manner
consistent with the preservation of the environment, the requirements
of the plan and to assure maintenance of the vegetative cover for
a period of five years following the conclusion of reclamation activities.
Any bond posted with the Township may not duplicate bonding required
by DEP but shall be for secondary or supplementary requirements of
the Township.
(5)
The zoning permit shall be valid for one-year, the effective
date of the zoning permit shall be the same as the effective date
of the DEP permit for the proposed operation. The applicant shall
submit copies of all DEP permit renewal information to the Township
concurrent with the submission of the same to DEP. The Township shall
review. DEP permit renewal information and the operation of the activity
on an annual basis. If the applicant has failed to comply with the
requirements of the Township or of DEP, the Township may refuse to
renew the zoning permit permanently or until the activity is brought
into compliance. The Township shall conduct a hearing before the zoning
permit is rescinded.
F.
Site Alterations. This use is permitted as set forth in Schedule
27-I. The following standards, requirements and criteria shall apply:
Site alterations which take place apart from another land development
activity as the sole activity are considered to be a separate land
use activity. Those site alterations require separate permits and
approvals. Site alterations which are part of another zoning activity
shall be included with a permit and procedure for the primary activity.
The following site alteration regulations apply to all site
alterations that are proposed as a separate land use activity:
(1)
The applicant shall submit a soil erosion and sedimentation
control plan in an acceptable form to the Township and to the Monroe
County Conservation District.
(2)
The applicant shall be required to submit an environmental analysis
and may be required by the Township to prepare an environmental assessment
or an environmental impact study based upon the results of the environmental
analysis. The environmental analysis shall describe the impact of
the proposed site alteration on adjacent and nearby properties.
(3)
The applicant shall submit a plan setting forth the proposed grades and reclamation and revegetation measures to be undertaken. The applicant may be required to plant new trees and shrubs as well as grasses or other ground cover. All revegetation requirements pursuant to § 27-603, Subsection 4, of this chapter shall apply.
(4)
The placement of earth, gravel, rock or other inert materials
not subject to decay, noxious or offensive odors may be permitted
in any zone provided that hazardous or nuisance conditions are not
created or that an unsightly appearance or unstable slopes are not
created.
(6)
Site alterations shall be normally completed within one-year
from the date the zoning permit is issued. In the event unusual conditions,
such as extended adverse weather, occur, the applicant may apply to
the Township for an extension not to exceed six months.
(7)
The applicant must secure all appropriate state and federal
permits.
(8)
The applicant will assure and may be required to post bond to
assure the Township that the site alteration will be completed in
accordance with the provisions of these sections and to assure the
maintenance of the vegetative cover for a period of five years following
the completion of the site alteration.
G.
Pond or Lake Construction. This use is permitted as set forth in
Schedule 27-I.[3] The following standards, requirements and criteria shall
apply: Construction of ponds, lakes or dams may be permitted in all
districts provided that the proposed site does not include structures
or sites of significant historic value, unique natural features or
unique or otherwise valuable plant or animal species, or significant
flood or stormwater retention value or high quality wetland aquifer
recharge areas; and that the lake, pond or dam is built according
to a design prepared by a qualified registered engineer and approved
by the Township. Where lakes, dams, or ponds are proposed to be located
in watercourses or wetlands, they shall be designed and constructed
in accordance with Pennsylvania DEP regulations. Any required state
or federal permits shall be acquired and copies submitted to the municipality
prior to issuance of a zoning permit.
[3]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
H.
Forestry (SIC 0811). This use is permitted as set forth in Schedule
27-I. The following standards and requirements shall be met by the
applicant for a forestry activity:
(1)
Forestry Plan. Every landowner on whose land forestry is to
occur shall prepare a written forestry plan in the form specified
by this chapter. No forestry activities shall occur until the plan
has been approved. The provisions of the plan shall be followed throughout
the operation. The plan shall be available at the forestry site at
all times during the operation and shall be provided to the Township
upon request. An erosion and sedimentation pollution control plan
that satisfies the requirements of 25 Pa. Code, Chapter 102, shall
also satisfy the minimum requirements for the forestry plan and associated
map specified in this section.
(2)
Responsibility for Compliance. The landowner and the operator
shall be jointly and severally responsible for complying with the
terms of the forestry plan.
(3)
Forest Inventory. A forest inventory shall be provided that
documents the following:
(a)
Existing number of trees, by species and size, greater than
10 inches dbh. Where the site exceeds one acre in area, sample plots
no less than 10,000 square feet and totaling no less than 5% of the
total site area may be used to estimate the existing number of trees.
(b)
Number of trees, by species and size, greater than 10 inches
dbh to be cut, removed, or otherwise disturbed.
(4)
Compliance with State Law. The forestry plan shall address and
comply with the requirements of all applicable state laws and regulations
including, but not limited to, the following:
(a)
Erosion and sedimentation control regulations contained in 25
Pa. Code, Chapter 102, promulgated pursuant to the Clean Streams Law,
35 P.S. § 691.1 et seq.
(b)
Stream crossing and wetlands protection regulations contained
in 25 Pa. Code, Chapter 105, promulgated pursuant to the Dam Safety
and Encroachments Act, 32 P.S. § 693.1 et seq.
(c)
Stormwater management plans and regulations issued pursuant
to the Stormwater Management Act, 32 P.S. § 680.1 et seq.
(d)
Any permits required by state laws and regulations shall be
provided.
(5)
Forest Practices. The following requirements shall also apply
to all forestry operations in the Township:
(a)
Trees less than 10 inches dbh shall not be removed as part of
a forestry operation except as necessary to perform the permitted
forestry activities.
(b)
The total area of disturbance for a forestry operation shall
not exceed 10% of the property area.
(c)
Felling or skidding on or across any public thoroughfare is
prohibited without the express written consent of the Township or
the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
(d)
No tops or slash shall be left within 25 feet of any public
thoroughfare or private roadway providing access to adjoining residential
property.
(e)
All tops and slash between 25 and 50 feet from a public roadway
or private roadway providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be lopped
to a maximum height of four feet above the surface of the ground.
(f)
No tops or slash shall be left on or across the boundary of
any property adjoining the operation without the consent of the owner
thereof.
(g)
Litter resulting from a forestry operation shall be removed
from the site before it is vacated by the operator.
(6)
Responsibility for Road Maintenance and Repair; Road Bonding.
The landowner and the operator shall be responsible for repairing
any damage to Township roads caused by traffic associated with the
forestry operation to the extent the damage is in excess of that caused
by normal traffic, pursuant to Title 67, Pa. Code.
I.
Agritourism Enterprises. This use is permitted as set forth in Schedule
27-I.[4] The following standards and requirements shall be met
by the applicant for an agritourism enterprise activity:
[Added by Ord. 3-2016, 12/20/2016]
(1)
Agritourism enterprises shall be on the same parcel or lot where
the farming activities take place, which shall have a minimum lot
area of 20 acres.
(2)
The following activities, and activities that the applicant
proves are closely similar in use and operations, shall be permitted
as an agritourism enterprise:
(a)
U-pick operations;
(b)
Wineries, distilleries, breweries and microbreweries and tours
and tasting rooms associated with these facilities;
(c)
Production of products from items grown/raised on the farm (including,
but not limited to, wine, cider, dairy products, ice cream, baked
goods, and clothing products), provided that 50% of the raw materials
used in the production of the items are grown/raised on the farm.
The Supervisors may grant a modification to this provision to allow
for a farm production startup period;
(d)
Local farm products retail operations (including crafts, food
products made from products grown/raised on the farm, garden and nursery
products grown on the farm, and clothing products made from wool of
animals raised on the farm, etc.), provided that 50% of the of the
items for display or sale are grown, raised or produced on the farm;
(e)
Farm-related interpretive facilities and exhibits;
(f)
Agriculturally related educational and learning experiences;
(g)
On-site farm, garden, greenhouse and nursery tours;
(h)
Walking and bicycle tours and trails;
(i)
Christmas tree farm/cut-your-own.
(4)
Agritourism enterprises shall not have significant impacts on
the agricultural viability or rural character of neighboring properties.
(5)
The applicant shall identify the anticipated hours of operation
for the agritourism enterprise. Operation of agritourism enterprises
shall be limited to the hours between sunrise and two hours after
sunset.
(6)
Outdoor lighting shall be limited to that needed to provide
illumination of parking areas utilized for three or more cars after
dark and for pedestrian accessways. Lights must be full-cutoff lights
pointed downward to minimize sky glow and shall be extinguished no
more than one hour after close of business.
(7)
Off-street parking shall be provided in accordance with Part
8. The applicant shall provide a reasonable explanation as to how
the number and type of spaces provided will meet the needs of the
proposed use. In no case shall parking be permitted in a location
that would require visitors to have to cross a public road.
(8)
All existing and new buildings shall maintain a residential
or agricultural appearance.
(9)
The total for all building floor areas utilized for agritourism
enterprise uses, including buildings utilized for production, storage
and retail operations, shall not exceed 5,000 square feet.
(10)
All food and/or beverages sold for consumption on site shall
comply with federal, state, and local regulations. Food and/or beverages
shall be limited to only those value-added agricultural products that
are produced from or grown on the farm, unless they are secondary
and incidental to the primary agricultural use on the property.
(11)
Outside display, sales, or storage of items shall be limited
to items grown on or produced on the farm.
[4]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
2.
SIC Land Use Activity C, Construction.
A.
Construction. This use is permitted as set forth in Schedule 27-I.[5] The following standards, requirements and criteria shall
apply:
(1)
They shall be conducted in a manner that there shall be no adverse
environmental impacts from these activities.
(2)
There shall be no outdoor storage of equipment or material where
these uses are permitted in the C-2 Zoning District.
[5]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
3.
SIC Land Use Activity D, Manufacturing.
A.
Bakery and Confectionery Products Manufacture (SIC 205 and SIC 206),
Printing and Publishing (SIC 27), Manufacture of Furniture and Fixtures
(SIC 25), Millwork and Other Wood Products (SIC 243), Food Processing
(SIC 201, SIC 203), Ceramic Products Manufacture (SIC 325, 6), Textile
or Garments Manufacture (SIC 22, SIC 3) and Manufacture of Professional,
Scientific, Electronic, Optical and Musical Instruments (SIC 38) and
Jewelry (SIC 391). These uses are permitted as set forth in Schedule
27-I. The following standards, requirements and criteria shall apply:
(1)
At least 50% of the products manufactured are retailed on the
same parcel as manufactured.
(3)
All applicable state and federal regulations are met. Copies
of all required state or federal licenses or permits shall be provided
to the Township.
(4)
The minimum lot size required for these uses in any permitted
Commercial District shall be one acre. Minimum lot widths, yards and
maximum building height and lot coverage shall be the same as those
set forth in Schedule 27-II[6] for a one acre parcel in the respective Commercial District.
[6]
Editor's Note: Schedule 27-II is included as an attachment
to this chapter.
B.
Logging (SIC 241). This use is permitted as set forth in Schedule
27-I.[7] The following standards and requirements shall be met
by the applicant for a logging activity:
(1)
Logging Plan. Every landowner on whose land logging is to occur
shall prepare a written logging plan in the form specified by this
chapter. No logging shall occur until the plan has been approved.
The provisions of the plan shall be followed throughout the operation.
The plan shall be available at the logging site at all times during
the operation and shall be provided to the Township upon request.
(2)
Responsibility for Compliance. The landowner and the operator
shall be jointly and severally responsible for complying with the
terms of the logging plan.
(3)
Contents of the Logging Plan.
(a)
Minimum Requirements. At a minimum, the logging plan shall include
the following:
1)
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails and landings.
2)
Design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars.
3)
Design, construction, and maintenance of stream and wetland
crossings.
4)
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways.
(b)
Map. Each logging plan shall include a site map containing the
following information:
1)
Site location and boundaries, including both the boundaries
of the property on which the logging will take place and the boundaries
of the proposed logging area within that property.
2)
Significant topographic features related to potential environmental
problems.
3)
Location of all earth disturbance activities such as roads,
landings, and water control measures and structures.
4)
Limits of tree removal.
5)
Location of any specimen trees.
6)
Location of all crossings of waters of the commonwealth.
7)
The general location of the proposed operation to Township and
state highways, including any accesses to those highways.
(c)
Compliance with State Law. The logging plan shall address and
comply with the requirements of all applicable state laws and regulations
including, but not limited to, the following:
1)
Erosion and sedimentation control regulations contained in 25
Pa. Code, Chapter 102, promulgated pursuant to the Clean Streams Law,
35 P.S. § 691.1 et seq.
2)
Stream crossing and wetlands protection regulations contained
in 25 Pa. Code, Chapter 105, promulgated pursuant to the Dam Safety
and Encroachments Act, 32 P.S. § 693.1 et seq.
3)
Stormwater management plans and regulations issued pursuant
to the Stormwater Management Act, 32 P.S. § 680.1 et seq.
(d)
Relationship of State Laws, Regulations, and Permits to the
Logging Plan. Any permits required by state laws and regulations shall
be attached to and become part of the logging plan.
(4)
Forest Practices. The following requirements shall also apply
to all logging operations in the Township:
(a)
Felling or skidding on or across any public thoroughfare is
prohibited without the express written consent of the Township or
the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
(b)
No tops or slash shall be left within 25 feet of any public
thoroughfare or private roadway providing access to adjoining residential
property.
(c)
All tops and slash between 25 and 50 feet from a public roadway
or private roadway providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be lopped
to a maximum height of four feet above the surface of the ground.
(d)
No tops or slash shall be left on or across the boundary of
any property adjoining the operation without the consent of the owner
thereof.
(e)
Litter resulting from a timber harvesting operation shall be
removed from the site before it is vacated by the operator.
(5)
Responsibility for Road Maintenance and Repair; Road Bonding.
The landowner and the operator shall be responsible for repairing
any damage to Township roads caused by traffic associated with the
timber harvesting operation to the extent the damage is in excess
of that caused by normal traffic, pursuant to Title 67, Pa. Code.
[7]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
C.
Saw Mills and Planning Mills (SIC 2421 and SIC 2431). This use is
permitted as set forth in Schedule 27-I.[8] The following standards and requirements shall apply:
Such sawmills or planning mills shall be set back from public roads
and parcel lines a minimum distance of 100 feet and shall be set back
from any existing residential structures by a distance of 1,000 feet.
[8]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
D.
Chemical and Drugs (SIC 28) Manufacture, Plastic and Rubber Products (SIC 30), Primary Metals Industries (SIC 33), Paper and Pulp (SIC 26) Manufacturing. These uses are permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: The minimum parcel or lot size is five acres, except when there is no exterior storage or keeping of raw materials, work-in-process, or finished goods outside of an enclosed principal or accessory building, in which case the minimum parcel or lot size shall be four acres. Minimum lot width shall be 300 feet. Minimum front and rear yards shall be 50 feet and side yards shall be 25 feet for one side and 50 feet for both sides, except that where the lot abuts a residential lot and/or use the minimum side yard shall be 50 feet. All general performance standards of Part 6 shall be met. All applicable state and federal regulations shall be met. Copies of any required licenses or permits shall be provided to the Township. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
4.
SIC Land Use Activity E, Transportation and Communication.
A.
Public and Private Transportation, Depots, Terminals, Stations for
Buses, Trains, Trucks, Taxis (SIC 40, SIC 41, SIC 42). These uses
are permitted as set forth in Schedule 27-I. The following standards,
requirements and criteria shall apply: All required passenger vehicle
parking and unloading and loading areas shall be provided, within
the parcel of land on which the terminal is located and not in a public
or private street right-of-way.
An environmental assessment is required. A traffic impact analysis is required to be prepared by the applicant consistent with § 27-706, Subsections 3A, B, C, of this chapter. That study shall also project the number of embarking passengers for this land use activity.
Special setbacks, buffering and landscaping shall be required for any area where buses, trucks or other vehicles will be maneuvering in, out or about the site or where vehicles will be left parked and idling. For these vehicle impact areas, the setback from the property line adjacent to a dwelling or Residential R-1, R-2, R-3, O-1 or S-1 Zoning District shall be 150 feet. In addition, a forty-foot buffer strip shall be maintained adjacent to the property line. An additional sixty-foot strip of land shall be landscaped for a total of one-hundred-foot buffer strip, landscaped strip along these property lines. A site plan for the proposed development is required to depict the proposed pattern of land use, the required buffer and landscaping strips, the setback and other requirements of a site plan for land development as part of the Township Subdivision and Land Development Ordinance [Chapter 22]. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
B.
Motor Freight Terminals (SIC-42). This use is permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: A minimum size lot of three acres is provided with a minimum width of 250 feet and that all activities including storage or parking of vehicles and materials shall be set back from public roads and all lot lines a minimum of 50 feet. The site shall have direct access to a public arterial or collector road. All general performance standards of Part 6 shall be met. Fencing and screening along the exterior parcel boundary shall be required. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
C.
Self Storage Facilities (SIC 4225). This use is permitted as set
forth in Schedule 27-I. The following standards, requirements and
criteria shall apply:
(1)
All storage units shall be fireproof and waterproof. Each unit
shall have separate ingress and egress secured by a locking device.
(2)
Outdoor storage shall be limited to recreational vehicles, campers
and boats on trailers parked on paved areas. All such items must be
licensed and inspected (if applicable), and in operable condition.
(3)
Trash, garbage, refuse, explosive or flammable materials, hazardous
substances, animal, animal carcasses or skins, or similar items shall
not be stored.
(4)
Nothing shall be stored in interior traffic aisles, off-street
parking areas, loading areas, or driveway areas.
(5)
Servicing or repairing of boats, vehicles, trailers, lawn mowers
or any similar equipment shall not be permitted.
(6)
Adequate lighting shall be provided to illuminate the area,
but directed away or shielded to direct light away from adjacent uses.
D.
Airport (SIC-45), Helistop. This use is permitted as set forth in
Schedule 27-I.[9] The following standards, requirements and criteria shall
apply: The minimum parcel size is 50 acres. Helistops are permitted
as a conditional use as set forth in Schedule 27-I. All applicable
state and federal regulations shall be met by the applicant and copies
of applicable permits and licenses shall be provided to the Township
Supervisors.
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Safety to residential uses in landing glide paths and adjacent
to the runways shall be considered by the Township in reviewing any
application. Yard setback requirements shall be set on an individual
site basis dependent upon specific safety requirements.
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The Supervisors require an airport feasibility study as well
as an environmental analysis and an environmental assessment along
with a proposed airport, helistop layout plan. The applicant shall
show the required runway protection zone (RPZ) and any easements required
for the RPZs. Copies of all required easements shall also be provided
to the Supervisors.
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An airport, heliport or helistop feasibility and environmental
assessment shall include the following:
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(1)
Land Use Impact. Particular attention should be given to impact
upon residential, medical, school, library and public land use areas.
(2)
Height Obstructions. All height obstructions (above 30 feet)
in the areas adjacent to the proposed airport and in the glide paths
of the airport should be identified.
(3)
Noise Impact. Identify noise sensitive areas adjacent to and
in the proposed glide path of the facility.
(4)
Accident Potential. Identification of land use, density adjacent
to the airport and in the glide path as per the impact of a potential
accident.
(5)
Other Environmental Impacts. Such impacts shall include air,
soil and ground water pollution.
(6)
Traffic and Parking Impacts. The airport generated traffic impacts
should be addressed by the study.
(7)
Projected Number of Embarking Passengers. The number of required
off-street parking spaces should be addressed by the study.
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Any remediation measures proposed should be clearly identified on a site plan and a situation (facility map with adjacent lands and flight paths shown) plan map. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
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[9]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
5.
SIC Land Use Activity F, Wholesale.
A.
Junkyard or Salvage Yard (SIC 5093). This use is permitted as set
forth in Schedule 27-I.[10] The following standards, requirements and criteria shall apply: A minimum lot or parcel size of five acres is provided. Minimum front yard setback shall be 60 feet. Minimum side and rear yard setbacks shall be 30 feet. The site shall be completely enclosed by a fence and effectively screened from public roads and adjacent uses. Storage of organic material is prohibited. The burning or incineration of any materials shall be prohibited. All general performance standards of Part 6 shall be met. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
[10]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
B.
Chemicals and Allied Products, Petroleum and Petroleum Products Wholesale
(SIC 516, SIC 517). This use is permitted as set forth in Schedule
27-I.[11] The following standards, requirements and criteria shall
apply:
(1)
A minimum five-acre lot is provided and that minimum front,
side and rear yard setback distances of 100 feet are provided.
(2)
All storage facilities, including trucks, are secured from vandalism
with appropriate fencing.
(3)
All facility state and federal regulations concerning storage
safety be met and copies of all licenses and certificates required
for storage of these materials be provided to the Township Supervisor.
[11]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
6.
SIC Land Use Activity G, Retail Trade.
A.
Auto Service Station or Gas Station (SIC 55). This use is permitted
as set forth in Schedule 27-I.[13] The following standards, requirements and criteria shall
apply: All activities, except those to be performed at the fuel pumps
shall be performed within a completely enclosed building. Automobiles
taken to a service station for service shall remain outside for no
longer than 15 days from the day the auto arrives at the station unless
otherwise extended by the Zoning Officer. Minimum lot area, width,
yards, and the maximum building heights and percent of lot coverage
as set forth in Schedule 27-II[14] for retail trade uses in the applicable C-2 District shall apply to this use. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
B.
Auto Dealers and Services Stations; Motor Vehicles (SIC 55), Boats
(SIC 55), Farm Machinery Sales. This use is permitted as set forth
in Schedule 27-I. The following standards, requirements and criteria
shall apply:
(1)
All provisions shall be made to prevent or minimize noise, odor,
vibration, light, or electrical interference to adjacent properties.
(2)
Outdoor storage of autos and other vehicles shall only be to
the rear of the front building line and shall be no closer than 20
feet from side and rear lot lines.
(3)
Access points shall be limited to two on each street abutting
the lot.
C.
Adult Book Store, Adult Theatre, Adult Computer Center, Massage Parlors,
or Similar Facility (SIC 5942, SIC 7299, SIC 7832). This use is permitted
as set forth in Schedule 27-I.[15] The following standards, requirements and criteria shall apply: All lot requirements for retail trade uses as set forth in Schedule 27-II are met. No such use shall be located within 500 lineal feet from the property line of any school, church, or any residential district boundary. No such use shall be located within 1,000 lineal feet of any existing adult bookstore, adult movie theatre, massage parlor, gambling or off track betting establishments. A thirty-foot buffer yard shall be provided along the side lot lines. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
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When adult facilities are proposed as an ancillary land use
activity, then the following additional standards shall apply:
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(1)
No such property (building and land) shall be located within
500 lineal feet of any school, church or residential district.
(2)
No such property (building and land) shall be located within
1,000 lineal feet of any existing adult bookstore, adult movie theater,
cabaret, gambling or off track betting establishment.
(3)
A twenty-foot buffer yard shall be provided along the side and rear lot lines in accordance with § 27-602.
(4)
No obscene material shall be placed in view of the general public.
Precautions shall be made to prohibit minors from entering the premises.
(5)
Obscene Materials or Activities. Any use involving activities
which constitute a violation of 18 Pa.C.S.A. § 5903, as
amended, or as defined herein relating to display, sale, lending,
distribution or exhibiting of obscene and other sexual materials and
services are prohibited in every zoning district.
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The exhibition or dissemination of obscene materials or activities,
as defined herein, which do not constitute a violation of 18 Pa.C.S.A.
§ 5903, as amended, shall only be permitted in a zoning
district which clearly lists such a use, and all such uses shall be
special exception uses as defined herein.
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[15]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
D.
Flea Markets (Private). This use is permitted as set forth in Schedule
27-I.[16] The following standards, requirements and criteria shall
apply: Private flea markets conducted by a service, nonprofit, religious
or charitable organization are permitted as accessory uses provided
that the same are conducted upon lands owned by such organizations
or conducted upon land situated in a Commercial District leased to
such organization. Any such organization may not conduct a private
flea market for more than seven successive days and not more than
two such periods in any one calendar year.
[16]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
E.
Flea Markets (Commercial)/Transient Retailers. This use is permitted
as set forth in Schedule 27-I. The following standards, requirements
and criteria shall apply:
(1)
In addition to any parking required by other uses on the property,
off-street parking shall be required in accordance with Schedule 27-VII
for the commercial flea market/transient retailer.
(2)
Access to the required parking area shall be by way of a driveway
permitted by the Pennsylvania Department of Transportation or Stroud
Township.
(3)
The written consent of the property owner shall be submitted
to the Zoning Officer prior to issuance of a zoning permit.
(4)
A landscape plan and landscaping are required for this land use activity as per § 27-603 of this chapter.
(5)
The flea market/transient retailer shall be no closer than 1,000
feet to any permanent retail establishment selling the same product
as the proposed flea market/transient retailer.
(6)
Any one site shall be permitted a maximum of 30 days in any
one year for this use.
(7)
On-site sanitary facilities shall be available for both customers
and staff.
(8)
All retail items must be contained completely with the limits
of activity as shown on the application.
(10)
The applicant must comply with any applicable state or federal
regulations and must provide copies of any permits or licenses to
the Township.
(11)
A maximum of one four-square foot sign is permitted for this
use.
F.
Retail
Bicycles, Except Motorized, and Ancillary Retail Bicycle Parts and
Accessories. This use is permitted as set forth in Schedule 27-I,
as amended). Retail bicycles use, except motorized, and ancillary
retail bicycle parts and accessories (SIC 5941, Bicycle Shops) shall
be classified as a permitted use (which, if the use generates more
than 250 ADT, shall be a conditional use) in the C-1 Neighborhood
Commercial Zoning District. Bicycle rentals and repair are permitted
as accessory uses to a retail bicycle primary use in the C-1 Neighborhood
Commercial Zoning District.
[Added by Ord. 1-2017, 6/20/2017]
7.
SIC Land Use Activity H, Finance, Insurance and Real Estate.
A.
Mobile Home Parks (SIC 6515). This use is permitted as set forth
in Schedule 27-I.[17] The following standards, requirements and criteria shall apply: All requirements for development of mobile home parks as set forth in the Stroud Township Subdivision and Land Development Ordinance [Chapter 22] shall be met. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
[17]
Editor's Note: Schedule 27-I is included as an attachment
to this chapter.
B.
Cemeteries (SIC 6553). This use is permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: They shall be located on a minimum lot area of 50 acres. All yards shall be 500 feet. Building and pavement coverage of all uses shall not exceed 20% of the parcel. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
8.
SIC Land Use Activity I, Services.
A.
Hotels, Motels and Resorts (SIC 70). These uses are permitted as
set forth in Schedule 27-I. The following standards, requirements
and criteria shall apply: Minimum lot size required for these uses
shall be 2,000 square feet of lot area for each single room with bath
but without kitchen facilities accommodations and 5,000 square feet
of lot area for each apartment or unit with kitchen facilities. Where
on-lot subsurface sewage disposal systems are proposed for these uses,
the lot shall contain suitable area for an alternate or second subsurface
disposal system. A minimum total parcel size of five acres is required
for development of a hotel or motel. Minimum requirements as set forth
in Schedule 27-II[18] for the appropriate zoning district shall apply except
that the minimum lot size shall be a five-acre parcel for these uses.
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The following standards and criteria shall apply: The minimum
required parcel size for development of a resort shall be 10 acres.
Maximum density of guest rooms divided into the total land area of
the resort available to resort guests shall not exceed 10 units per
gross acre. In all other aspects, the requirements of Schedule 27-II
of this chapter shall apply. All federal and state regulations pertaining
to such activities shall be met. Copies of all required licenses and
permits shall be provided to the Township. Where subsurface sewage
disposal is proposed, a secondary area suitable for subsurface sewage
disposal shall be designated and preserved available for such use.
Off-street parking spaces shall be provided on the basis of the individual
activities or facilities and the number of employees within the resort.
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Minimum setback distances between adjacent buildings shall be
equal to the height of the tallest building. Building groups shall
be arranged so that all buildings are accessible by emergency vehicles.
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A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
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[18]
Editor's Note: Schedule 27-II is included as an attachment
to this chapter.
B.
Bed-and-breakfast, Tourist Home (SIC 7011), Rooming and Boarding
Houses (SIC 7021). These uses are permitted as set forth in Schedule
27-I. The following standards, requirements and criteria shall apply:
(1)
Except for a sign, there shall be no external evidence of any
gainful activity.
(2)
Any such use shall have sufficient parking as set forth in Part
8 to serve the anticipated number of users and employees and shall
have suitable street access.
(3)
All such buildings shall have minimum front, side and rear yards
of 50 feet, a maximum building height of 40 feet, a maximum lot coverage
of 50%, a minimum lot area per rooming or boarding (B&B/R or B)
dwelling unit of 1,500 square feet with centralized sewer and water
service, or 2,500 square feet with centralized water and 3,600 square
feet with on-lot sewer and water facilities.
(4)
All such buildings shall be approved by the appropriate state
and/or federal agency and have adequate water and sewage systems.
Copies of all required structural or operating permits or licenses
shall be provided to the Township.
C.
Groups and Organized Camps (SIC 7032). This use is permitted as set
forth in Schedule 27-I. The following standards, requirements and
criteria shall apply: A minimum parcel of 20 acres is required. Minimum
front yard setback shall be 60 feet. Other minimum yards shall be
50 feet. Maximum building height shall be 1 1/2 stories or 35
feet and maximum lot coverage shall be 20%. All federal and state
regulations pertaining to such activities shall be met. Copies of
all required licenses and permits shall be provided to the Township.
When subsurface sewage disposal is proposed, a secondary suitable
area for subsurface sewage disposal shall be designated and preserved
available for such use.
D.
Campgrounds (SIC 7033). This use is permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: All requirements for campgrounds as set forth in the Township Subdivision and Land Development Ordinance [Chapter 22] shall be met. An occupant(s) shall not occupy a single camp site for more than six months over a consecutive twelve-month period. However, this shall not prohibit another occupant from occupying the same space for the remainder of the six-month limit of time. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
E.
Crematories (SIC-7261). This use is permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: They shall be located on a minimum lot area of 10 acres. All yards shall be 250 feet. Building and pavement coverage of all uses shall not exceed 20% of the parcel. Crematories may be developed as an accessory use to a funeral home or accessory use to a cemetery. The 10 acre minimum lot requirements still apply. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
Copies of all required structural or operating permits or licenses
shall be provided to the Township.
F.
Commercial Outdoor Sports (SIC 7941); Shooting Ranges (SIC 799); and Outdoor Exhibitions, Assembly for Sports, Entertainment and Amusements. This use is permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: A minimum parcel size of five acres is required for development or operation of these uses. Minimum lot width shall be 250 feet. These activities shall be developed and operated so as to create no hazards or safety problems for adjacent properties. All general performance standards as required in § 27-604 of this chapter shall be met. All structures and activity areas shall be set back a minimum of 50 feet from all public roads and property boundaries. Maximum building height shall be 2 1/2 stories or 35 feet. Maximum lot coverage shall be 20%. Copies of any required federal or state permits or licenses for structures or activities shall be provided to the Township. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
The preceding provisions (not withstanding), all shooting ranges
shall be designed and developed in conformance with the National Rifle
Association standards in terms of minimum lot size and all other standards.
G.
Hunting, Fishing and Sportsmens Clubs (SIC 7997). This use is permitted
as set forth in Schedule 27-I. The following standards, requirements
and criteria shall apply:
(1)
Minimum lot area shall be 20 acres.
(2)
No more than two permanent single-family dwellings shall be
developed and occupied as part of the club facilities.
(3)
All facilities and services provided on the property shall be
for the exclusive use of club members or their guests.
(4)
Shooting ranges shall be designed and operated so as to provide
no danger or hazards to adjacent properties, and shall conform to
this section.
(6)
All facilities and activities shall be set back a minimum of
50 feet from all property boundaries and road rights-of-way.
(7)
Buffering and screening of activities from adjacent residential
uses may be required.
(8)
Building height limitations listed in Schedule 27-II for the
respective districts shall be met. Maximum lot coverage shall not
exceed 10%.
H.
Gambling/OTB/OTW (SIC 799). This use is permitted as set forth in
Schedule 27-I. The following standards, requirements and criteria
shall apply: Includes any and all gambling uses, including, but not
limited to, off-track betting establishments, but excluding small
games of chance, whether or not including a restaurant, nightclub,
bar, or similar use, which shall comply with the following (in regard
to which the applicant shall have both the burden of proof and the
duty to move forward with the evidence to demonstrate that his particular
establishment does so comply):
(1)
Such establishment shall not be located within 200 feet of any
residential district, and shall not be located within 200 feet of
any property whose use is principally residential.
(2)
Such establishment shall not be located within 1,000 feet of
any parcel of, land which contains any one or more of the following
specified land uses:
(3)
The distance between any such gambling or off-track betting
establishment and any of the protected land uses specified, at Subsections
3I(8)(a) and (b)1) through 10) above, shall be measured in a straight
line, without regard to intervening structures, from the closest point
of the structure in which such establishment is located to the closest
point on the property line of such protected land use.
(4)
Off-street parking shall be provided at the rate of three spaces
per each 100 square feet of floor area open to customers of such gambling
or off-track betting establishment, including, but not limited to,
related dining, restaurant, bar, and snack bar areas, and one space
per each employee on the largest shift.
(5)
The proposed establishment will not be detrimental to the use
of adjoining properties due to hours of operation, light, and/or litter.
(6)
The proposed establishment will not constitute a nuisance due
to noise, or to loitering outside the building.
(7)
A working plan for the cleanup of litter shall be furnished
and implemented by the applicant.
(8)
Where any of the following routes, to wit, I-80, Route 611,
Route 209, Route 33, Route 191 and Route 447, intervene between such
a proposed establishment and any of the protected districts or land
uses specified, at Subsection 3I(8)(a) above, the setbacks required
by Subsection 3I(8)(a) above, shall not apply.
(9)
The application shall be accompanied by a plan containing substantially the same information and meeting the same standards as that required for a land development plan under the Subdivision and Land Development Ordinance [Chapter 22].
(10)
All gambling and off-track betting establishments shall comply
with all laws, rules and regulations of the United States of America,
the Commonwealth of Pennsylvania and their respective agencies and
instrumentalities and of this Township, pertaining thereto.
I.
Playgrounds and Athletic Areas and Picnic Areas (SIC 7999). This use is permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: Playgrounds and athletic areas proposed as accessory uses for private and exclusive use of individual residential lot owners, exclusive use of residential development residents, or exclusive use of owners and employees of businesses are permitted within all districts and are subject only to such requirements pertaining to specific facilities as may be set forth in Part 7 of this chapter. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
A minimum lot size of five acres is required. Minimum yards
for all structures and activities shall be 50 feet. Maximum building
height shall be 2 1/2 stories or 35 feet and maximum building
and parking coverage of the lot shall be 35%. Copies of all required
permits and licenses shall be provided to the Township.
J.
Health Service Centers, Hospitals and Medical Clinics (SIC 806). These uses are permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: Lot sizes shall be sufficient to provide sufficient space for all buildings and required support facilities, parking and sewer and water systems. Minimum lot size for hospitals shall be five acres. Minimum lot size for clinics shall be one acre. Lot width, yards and building height and lot coverage requirements for these uses shall be the same as those for similar size minimum lots the respective districts. Buffer yard and a ten-foot wide buffer strip shall be required along the property line(s) that face an existing residential dwelling structure and/or a residential O-1, S-1, R-1, R-2 or R-3 Zoning District. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
K.
Skilled Nursing Care (8051), Intermediate Care (8052), Domiciliary Care Home, Older Adult Living Centers. These uses are permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: They shall meet the appropriate state and federal requirements. The applicant shall provide the Township with copies of all required state and federal construction and operation licenses and permits for their review. Where on-lot sewage disposal is proposed, a suitable secondary or replacement area shall be located, tested and designed as a requirement for a zoning permit. Minimum lot size shall be 60,000 square feet for a skilled nursing care facility or 3,000 square feet for each skilled nursing care facility patient, whichever is greater. Minimum lot size for intermediate care home, domiciliary care home, and older living centers shall be 50,000 square feet or 3,000 square feet for each client or resident accommodation whichever is greater. Other lot and building requirements shall be the same as for family care facilities below. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
L.
Group Homes, Nursing and Personal Care Facilities (SIC 8059), Family
Care Facility, Domiciliary Care Home (SIC 8059) and Residential Care
Facilities (SIC 836). These uses are permitted as set forth in Schedule
27-I. The following standards, requirements and criteria shall apply:
A group home may be classified as a "residential care facility," a
"group foster home," or a "halfway home." This would include establishments
primarily engaged in the provision of residential social and personal
care for children, the aged and special categories of persons with
some limits on ability for, self care or a need to rehabilitate socially.
At least 80% of the group home residents receive residential care.
|
A group home may also include nursing and personal care for
persons who do not require the degree of care and treatment that a
skilled or intermediate care facility is designed to provide. At least
80% of the residents receive nursing or personal care.
|
|
Note: A group of unrelated persons who live together as per
the definition of family in this chapter, do not constitute a group
home unless at least 80% of the group receives residential care or
nursing and personal care.
|
|
All group homes shall also comply with 34 Pa. Code, Chapter
56, for group homes with four to eight clients, 34 Pa. Code, Chapter
55, for homes with nine or more clients.
|
|
The minimum size parcel requirement for development of these
land uses shall be:
|
|
Number of Units
|
Minimum Lot Size
|
|---|---|
|
0 to 4
|
15,000
|
|
5 to 8
|
20,000
|
|
9 to 14
|
1 acre
|
|
Over 14
|
3,000 each bed/person
|
|
Minimum lot width shall be 200 feet. Minimum front and rear yard setbacks shall be 50 feet. Minimum side yard setbacks shall be 30 feet for one side and 50 feet for both sides. Maximum building height shall be 2 1/2 stories or 35 feet. Maximum percent lot coverage shall be 30%. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
|
|
The applicant shall provide the Township with copies of all
required state and federal construction and operation licenses and
permits for their review. Where on-lot sewage disposal is proposed,
a suitable secondary or replacement area shall be located, tested
and designated as a requirement for a zoning permit.
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M.
Colleges, Public and Private Schools, Education Services (SIC 82 and SIC 8211). These uses are permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: The minimum size lot or parcel of land for development or expansion of these land uses within any permitted district shall be five acres plus one acre per each 100 pupils for which the facilities is designed. Within residential districts, the minimum front, side and rear yard setback distances shall be 40 feet. Maximum building height in all districts where permitted, shall be 2 1/2 stories or 35 feet. Maximum lot coverage shall not exceed 50%. All applicable state and federal regulations for structures and operations shall be met. Copies of any required licenses and permits shall be provided to the Township Board of Supervisors. Where subsurface sewage disposal is proposed, an alternate or replacement area which has been tested and meets current regulations shall be designated and preserved for such future use. Such facilities shall include temporary modular units. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
N.
Community Center (SIC 83). This use is permitted as set forth in
Schedule 27-I. The following standards, requirements and criteria
shall apply: All lot requirements for other cultural activity uses
within these districts as set forth in Schedule 27-II[19] shall be met. All applicable federal and state regulations shall be met and copies of any required licenses or permits shall be provided to the Township Board of Supervisors. A twenty-foot buffer yard shall be provided along the side and rear lot lines. No outdoor recreation area shall be located closer to any lot lines than the required rear yard depth in the zoning district. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
[19]
Editor's Note: Schedule 27-II is included as an attachment
to this chapter.
O.
Nursery Schools and Child Day-care centers (SIC 8351). These uses are permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: The minimum lot size required for these uses is 20,000 square feet. Minimum front yard setbacks shall be 50 feet. Side and rear yards shall be 25 feet. Maximum building height shall be 2 1/2 stories or 35 feet. Maximum lot coverage of buildings, driveways and parking shall be 50%. Copies of all required federal and state permits and licenses shall be provided to the Township Zoning Officer. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter. In M-1 Zoning Districts child day care and/or nursery schools are only permitted as an accessory use, not as a stand-alone land use activity.
Child day care and/or nursery schools accessory to an existing,
permitted church use shall be permitted by right in all zoning districts
for up to six children provided one or more existing improvements,
including, but not limited to, buildings, parking, driveway and septic
system, do not require expansion to add the accessory child day care
and/or nursery school use.
Child day care and/or nursery schools accessory to an existing,
permitted church use shall be permitted by special exception in all
zoning districts for seven or more children provided one or more existing
improvements, including, but not limited to, buildings, parking, driveway
and septic system, do not require expansion to add the accessory child
day care and/or nursery school use.
Where expansion of one or more existing, permitted church use
improvements, or new land improvement, is required to add the accessory
child day care and/or nursery school use, land development approval
is required before issuance of a zoning permit for a permitted-by-right
or permitted-by-special exception accessory child day care and/or
nursery school use.
P.
Fraternal, Civic and Social Clubs (SIC 8641). These uses are permitted
as set forth in Schedule 27-I. The following standards, requirements
and criteria shall apply:
(1)
Minimum lot size shall be five acres.
(2)
No more than one permanent single-family dwelling unit is developed
as part of the facilities.
(3)
All sales of goods and services provided primarily to the members
of the club or organization owning and developing the facilities.
(5)
All activities and facilities are screened and buffered from
adjacent residential uses.
(6)
All facilities and activities are set back a minimum of 50 feet
from property boundaries and road rights-of-way.
(7)
Maximum building height shall be 2 1/2 stories or 35 feet.
Maximum building coverage of the parcel shall be 20%.
Q.
Churches (Religious Facilities and Places of Worship (SIC 8661). This use is permitted as set forth in Schedule 27-I. The following standards, requirements and criteria shall apply: Minimum lot area for a church or place of worship shall be two acres and all lot requirements of the O-1 Zoning District of this chapter shall be met. Any religious quarters, public or private educational facilities, cemeteries or other attendant or attached to religious facilities shall require additional minimum lot area as set forth for these land uses in this chapter. A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
R.
Wireless Communication Facilities.
(1)
General Requirements.
(a)
Submission of an application for any wireless communications facility is required for any new tower, new antenna, new equipment building, or major modification to an existing wireless communication facility. Submission of an application for any wireless communications facilities shall, in addition to those items required by § 27-408 and Part 11 of this chapter, include the following where applicable:
2)
A copy of its current Federal Communications Commission license.
3)
The name, address and emergency telephone number for the operator
of the proposed structure.
4)
A Certificate of Insurance evidencing general liability coverage
in the minimum amount of $1,000,000 per occurrence covering the proposed
structure.
5)
A copy of any Environmental Assessment prepared in compliance
with Federal NEPA regulations.
6)
A copy of the FAA's response to the submitted "Notice of
Proposed Construction or Alteration" (FAA Form 7460-1).
7)
Proof of compliance with applicable FCC, FAA, Commonwealth Bureau
of Aviation and any other airport regulations.
8)
Copy of typical specifications for the proposed structures and
antenna, including description of design characteristics and material.
9)
a)
Property boundaries.
b)
Power location.
c)
Communications tower heights.
d)
Guy wires and anchors.
e)
Existing structures.
f)
Parking.
g)
Fences.
h)
Landscaping.
i)
Names and addresses of the owners of all antennas
and equipment to be located at the site as of the date of the application.
j)
All uses within 500 feet of the proposed tower location.
k)
Existing antennas and service areas in Stroud Township
and adjacent municipalities with proposed antenna service areas to
document that a true gap in the service area exists.
10)
Written authorization from the site owner for the
application, as well as a copy of any written agreements or other
documentation pursuant to which the applicant has obtained the right
to use the proposed site.
11)
A written agreement to remove all wireless communication
facilities proposed within 180 days of cessation of use, which written
agreement shall be in a form acceptable to the Township.
12)
A letter of intent committing the wireless communication
facility's owner and the common carrier(s) utilizing the facility
and their respective successors to allow Stroud Township any other
government agency to utilize the wireless communications facility
in the case of an emergency, upon reasonable terms and conditions.
13)
Certification from a Pennsylvania registered engineer
that the proposed wireless communications facility has been designed
and will be constructed in accordance with the current Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunication
industry Association.
14)
In the case of a proposed antenna, evidence from
a Pennsylvania registered Pennsylvania engineer certifying that the
proposed installation will not exceed the structural capacity of the
building or other structure, considering wind, snow, and other loads
associated with the antenna location is required.
15)
Detailed construction and elevation drawings indicating
how the antenna will be mounted on the structure.
16)
Evidence of agreements and/or easements necessary
to provide access to the building or structure on which the antenna
are to be mounted so that installation and maintenance of the antennas
and accessory structures can be accomplished.
17)
An intermodulation study which provides a technical
evaluation of existing and proposed transmissions and indicates all
potential interference problems.
18)
A report from qualified and licensed professional
engineer which:
a)
Describes the communication tower height and design
including a cross-section and elevation.
b)
Documents the height above grade for all potential
mounting positions for co-located antennas and the minimum separation
distance between antennas.
c)
Describes the communication tower's capacity,
including the number and type of antennas that it can accommodate.
d)
Documents what steps the applicant will take to
avoid interference with established public safety telecommunications.
e)
Includes an engineer's license/registration
number, signature, and seal.
19)
A letter of intent committing the tower owner and
any successors to allow the shared use of the communications tower
if an additional use agrees in writing to meet reasonable term and
conditions for shared use.
20)
Written certification by the applicant and applicant's
engineer that the proposed antenna and equipment could not be placed
on a preexisting facility under the control of the applicant and function
under applicable regulatory and design requirements without unreasonable
modification.
21)
Calculations determining the fall zone and a plan
identifying all structures and uses within that fall zone.
22)
A co-location study documenting that there is no
existing structure available to support the proposed antenna that
will provide the necessary service.
23)
Evidence that an appropriate municipal site is
not available where a wireless communications facility could be constructed
to meet the service needs of the consumer.
24)
Appraisals of adjacent property values quantifying
the impact of the installation of the tower on these properties.
(b)
Communications antennas, towers, and equipment buildings shall
comply with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
(c)
The design of the proposed wireless communications facilities
shall conform to the general character of the area and will not adversely
affect the safe and comfortable enjoyment of the properties owned
by other property owners in the zoning district in which it is located.
(d)
Communications antennas, towers, and equipment buildings shall
comply with all applicable Federal Aviation Administration and Commonwealth
Bureau of Aviation regulations.
(e)
Site selection shall utilize the following criteria, from most
acceptable to least acceptable:
1)
Existing structures suitable for the addition of antenna.
2)
Existing structures which can be made suitable for the addition
of antenna through reasonable improvements.
3)
Township owned properties identified for wireless communication
development.
4)
Properties located in the M-1 Zoning District.
5)
Properties located in C Zoning Districts.
6)
All other properties where wireless communication is a permitted
activity.
(f)
Communications antennas, towers, or equipment buildings shall
not be located along ridgelines but rather downslope from the top
of ridgelines to protect scenic views of Stroud Township.
(g)
Access shall be provided to the communications antennas, towers
and equipment buildings by means of a public street or easement to
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.
(h)
The site of a communications antenna, tower, or equipment building
shall be secured by a fence with a maximum height of eight feet to
limit accessibility by the general public.
(i)
One off-street parking space shall be provided within the fenced
area.
(j)
Where an emergency power source is proposed, natural gas or
propane fuels shall be used instead of batteries or liquid fuels for
generators whenever:
1)
A wetland, lake, or stream is located within 100 feet of the
facility.
2)
A public or private well supplying potable water is located
within 100 feet of the facility.
3)
The depth to seasonal high water table on the site is within
one foot of the ground's surface.
4)
The site contains hydric soils.
(l)
No communications antenna, tower, or building shall contain
a sign advertising the owner or service. However, one sign not to
exceed two square feet may be placed on the gate of the fence indicating
a twenty-four-hour emergency telephone number.
(m)
All communications antenna, towers, and equipment buildings
shall be constructed in such a manner as to not require lighting in
accordance with FAA standards.
(n)
Wireless communications facilities shall not be illuminated by artificial means and shall not contain strobe lights. Any other exterior lighting the site shall be directed away from all adjacent properties and shall be in conformance with § 27-604, Subsection 1G, of this chapter.
(o)
Communications antennas, towers, and equipment buildings shall
be constructed, protected, and maintained in accordance with the requirements
of the Township's building codes.
(p)
All operations associated with a wireless communications facility shall conform to the general performance standards (§ 27-604).
(q)
The owner or operator of wireless communication facilities shall
be licensed by the Federal Communications Commission to operate such
facilities.
(r)
The operator of a communications antenna, tower, or equipment
building shall be required to submit annual inspection reports demonstrating
continued compliance with FCC emission standards as well as any applicable
municipal, state, and federal regulations.
(s)
No new or existing telecommunication service shall interfere
with public safety telecommunications. Before the introduction of
new service, changes in existing service, or additions of new antennas,
telecommunications providers shall notify Stroud Township at least
10 calendar days in advance of such changes and allow Stroud Township
to monitor interference levels during the testing process.
(t)
Wireless communications facilities shall be maintained and kept
in a state of repair so that the same shall not constitute a nuisance
or hazard to the health or safety of the community or nearby residents
or properties.
(u)
All abandoned or unused wireless communication facilities shall
be removed within 180 days of cessation of operation and the site
shall be restored to a natural condition. In addition, unused portions
or wireless communication facilities above the manufactured connection
shall be removed within 180 days of the time of antenna relocation.
In the event that a wireless communications facility is not removed
within 180 days of cessation of operation, the facilities may be removed
by Stroud Township and the costs associated with this removal assessed
against both the applicant and the owner of the property on which
the facilities exist.
(2)
Communications Antenna.
(a)
Building mounted communications antenna shall not be located
on any single-family dwelling or two-family dwelling.
(b)
Building mounted communications antenna shall be permitted to
exceed the height limitations of the applicable zoning district by
no more than 20 feet.
(c)
Omnidirectional or whip communications antenna shall not exceed
20 feet in height and seven inches in diameter.
(d)
Directional or panel communications antenna shall not exceed
five feet in height and three feet in width.
(e)
Communications antenna shall not cause radio frequency interference
with other communications facilities located in the Township.
(3)
Communications Towers.
(a)
Any applicant proposing construction of a new communications
tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the communications antenna on an existing
building, structure, or communications tower. A good faith effort
shall require that all owners of potentially suitable structures within
1/4-mile radius of the proposed tower site be contacted and that one
or more of the following reasons for not selecting such structure
apply:
1)
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost.
2)
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure and the interference cannot be prevented at a reasonable
cost.
3)
Such existing structures do not have adequate location, space,
access, or height to accommodate the proposed equipment or to allow
it to perform its intended function.
4)
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
5)
A commercially reasonable agreement could not be reached with
the owners of such structures.
(b)
Communications towers shall be located so as to not be discernable
from any of the following:
1)
The Appalachian Trail.
2)
Any Township, county, state, or federal park, forest, or other
recreational property.
3)
Any point on a state-listed trout stream with public access
within 100 yards it is the applicant's responsibility to demonstrate
that the tower will not be visible from any of the above locations.
Should this include the use of a balloon test or similar demonstration,
adequate notice shall be provided to the public.
(c)
The proposed communications tower in the specific location desire
must be necessary for the efficient operation and provision of the
wireless communication service to the neighborhood, area, or region
for which it is proposed.
(d)
A communications tower may be located on a lot occupied by other
principle structures and may occupy a leased parcel within a lot.
In either case, the lot must be sufficient such that the minimum lot
size requirements for both uses in this chapter are met.
(e)
Recording of a plat of subdivision or land development shall
not be required for a lease parcel on which a communications tower
is proposed to be constructed, provided the communications equipment
building is unmanned.
(f)
Sufficient justification is required when a lattice style communications
tower is chosen over a monopoly style tower.
(g)
The applicant shall demonstrate that the proposed height of
the communications tower is the minimum height necessary to perform
its function. Maximum permissible height levels are as follows:
|
Zoning District
|
Maximum Permissible Height
|
|---|---|
|
O-1
|
50 feet
|
|
S-1
|
50 feet
|
|
C-1
|
50 feet
|
|
C-2
|
150 feet
|
|
C-3
|
100 feet
|
|
M-1
|
150 feet
|
(h)
In all zoning districts, the foundation and the base of any
communications tower shall be set back from a residential property
line (not a lease line) at least 75 feet and shall be set back from
any other property line (not lease line) at least 50 feet. Furthermore,
a horizontal distance of one foot per foot of tower height shall be
provided between the base of the tower and any structure not located
on the proposed wireless communication facility property. Where a
guyed tower is proposed, the setback from a property line shall be
increased to the length of the longest guy wire, if longer than the
aforementioned setback.
(i)
All guy wires associated with guyed communications towers shall
be clearly marked so as to be visible at all times and shall be located
within a fenced enclosure.
(j)
Any proposed communications tower shall be designed, structurally,
electrically, and in all other respects, to accommodate both the Applicant's
antennas and comparable antennas for at least two additional users
if the tower exceed 100 feet in height or at least one additional
user if the tower exceeds 60 feet in height. Communications towers
must be designed to allow for future rearrangement of antennas upon
the tower and to accept antennas mounted at varying heights.
(k)
The proposed communications tower shall be designed to accommodate
municipal and nonprofit emergency service antennas and related equipment,
which shall be allowed to be attached to any such tower at no charge
to the Township or emergency service provider.
(l)
Communications towers shall be designed to blend into the surrounding
environment through the use of color and camouflaging architectural
treatment.
(m)
The applicant shall submit certification from a Pennsylvania
registered professional engineer that a proposed communications tower
will be designed and constructed in accordance with the current Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association.
(4)
Communication Equipment Buildings. A communications equipment
building shall be subject to the height and setback requirements of
the applicable zoning district for an accessory structure.
S.
Amusement Services (SIC 79, SIC 7911, SIC 7991, SIC 7999); Spectator Events. Whenever spectator events are held, or proposed to be held, in conjunction with any amusement service use and/or specific amusement service use under Standard Industrial Classification 79, 7911, 7991 and 7999 in any zoning district as permitted by this chapter, which generates up to 500 average daily traffic, the special exception requirements of § 27-408 shall apply. As part of such a special exception application, the applicant for a spectator event held in conjunction with any amusement service use and/or specific amusement service use stated herein shall demonstrate to the Planning Commission and Zoning Hearing Board that the following are adequately provided: adequate seating for event participants and spectators; police and/or private traffic control before, during and after the event; off-street parking pursuant to Part 8; exterior lighting pursuant to § 22-309, Subsection 1B, of the Subdivision and Land Development Ordinance [Chapter 22]; sewage facilities; garbage disposal and removal; private security; noise control pursuant to § 27-604, Subsection 2; emergency responder notification of the event; and building code compliance, if applicable; have been addressed satisfactorily.
|
Whenever spectator events are held, or proposed to be held,
in conjunction with any amusement service use and/or specific amusement
service use under Standard Industrial Classification 79, 7911, 7991
and 7999 in any zoning district as permitted by this chapter, which
generates more than 500 average daily traffic, then such use shall
be deemed a conditional use. The applicant for such conditional use
shall demonstrate that the adequacy standards set forth above have
been addressed to the satisfaction of the Board of Supervisors.
|
T.
Indoor Dog Training and/or Grooming (SIC 0752).
[Added by Ord. 8-2012, 10/16/2012]
(1)
This use is permitted as set forth in Schedule 27-I, as amended. The following standards, requirements and criteria shall apply in addition to the special exception requirements of § 27-408 or conditional use requirements of § 27-407, as applicable: maximum lot area for an indoor dog training and/or grooming use shall be 0.75 acres (32,670 square feet); all dog training and/or grooming activities shall take place inside the principal building; and noise caused by dog barking or other sources within the principal building shall comply with the sound level limits and corresponding times and receiving land use categories under § 27-604, Subsection 1B, Noise Control.
(2)
After issuance of a zoning certificate of occupancy, if a sound level as measured by the Township's, or its engineer's, sound level meter exceeds a sound level limit set forth in § 27-604, Subsection 1B, Noise Control, the property owner and/or tenant shall install sound attenuation material as necessary to comply with applicable sound level limits within 60 days of Township written notification of a sound level exceeding applicable sound level limits. Whenever a proposed or established indoor dog training and/or grooming use in a C-1 Neighborhood Mixed-Use District generates more than 250 average daily traffic, then such use shall be deemed a conditional use.
U.
Horse Boarding and/or Training (Except Racing) (SIC 0752). This use
is permitted as set forth in Schedule 27-I, as amended. The following
standards, requirements and criteria shall apply for a horse boarding
and/or training use in the following zoning districts:
[Added by Ord. 8-2012, 10/16/2012]
(1)
S-1 Special and Recreational District and C-3 Resort Commercial
District:
(a)
The minimum lot area shall be 10 acres, plus 1/2 acre for each
additional horse (livestock) more than the first horse (livestock)
owned or boarded by the property owner or lessee.
(b)
All buildings, and additions to existing buildings, used to
shelter horses (livestock) and all areas used to corral horses (livestock),
except grass-covered pastures, shall be at least 100 feet from all
lot lines.
(c)
Feed yards and manure storage areas shall not be located closer
than 150 feet to streets, property lines, district boundaries and
dwellings, except the dwelling of the owner or lessee.
(d)
A nutrient management plan shall be prepared and all facilities
shall meet the requirements of the Pennsylvania Nutrient Management
Act (Act of May 20, 1993, P.L. 12, No. 6), as may be amended, if applicable
under the Act.
(e)
All solid and liquid waste shall be disposed of in compliance
with standards, practices, and regulations established by the Pennsylvania
Department of Agriculture, Department of Environmental Protection,
Pennsylvania State University, College of Agricultural Sciences, or
other applicable regulatory agencies.
(f)
(g)
An erosion and sedimentation control plan approved by the Monroe
County Conservation District.
(h)
Odor abatement practices shall be employed to minimize odors
which could affect adjacent residential uses.
(2)
O-1 Open Space and Preservation District:
(a)
All of the standards, requirements and criteria provided in
Subsection 3I(21)(a) shall apply, except as follows:
1)
The maximum number of horses on site to be boarded and/or trained
shall be 10, including horses owned or boarded by the property owner
or lessee;
2)
The horse boarding and/or training use shall be limited to the
property owner or lessee and horse owners, and their immediate family
members, having their horse(s) boarded and/or trained. The property
in question shall not be open to the public.
(3)
Horse shows, riding academies, rodeos and other uses involving
livestock classified under Amusement and Recreation Services, Not
Elsewhere Classified (SIC 7999); Racing (SIC 7948) activities related
to livestock; and Horses and Other Equines (SIC 0272) uses shall meet
the standards, requirements and criteria set forth in Subsection 3I(21)(a)1)
through 8), in addition to all other applicable Stroud Township ordinance
regulations.
V.
Potable Water Supply Tank.
[Added by Ord. 2-2014, 12/16/2014]
(1)
A potable water supply tank (PWST) use shall also meet the requirements of Chapter 22, Subdivision and Land Development, as may be amended, including but not limited to land development requirements. In addition to the requirements set forth in § 27-407, Conditional Use Requirements, the following standards, requirements, and criteria shall apply to a PWST use:
|
Minimum lot area
|
60,000 square feet
|
|
Minimum lot width
|
150 feet
|
|
Minimum front yard tank setback
|
100 feet
|
|
Minimum rear yard tank setback
|
100 feet
|
|
Minimum side yard tank setback
|
30 feet
|
|
Maximum height of tank and appurtenances
|
60 feet
|
|
Maximum ground coverage
|
20%
|
|
Minimum tank setback from occupied building
|
125 feet
|
|
Minimum setback from occupied buildings for accessory buildings,
equipment and/or structures containing equipment which causes sound
or vibration and/or emission, including but not limited to odor, smoke,
vapor, gas, heat, dust, dirt, light or glare1
|
150 feet
|
|
NOTES:
| |
|
1
|
In no case shall any audible sound, vibration, and/or emission
occur beyond the property line where the PWST is located.
|
(2)
In the event that a PWST is constructed in accordance with the
standards, requirements, and criteria set forth in this section and
a replacement tank becomes necessary on the site, the conditional
use may be reopened and granted to owner of the PWST upon demonstration
that the replacement tank will be constructed holding as close to
the standards, requirements, and criteria set forth herein as feasible.
(3)
The PWST and related equipment, buildings, structures, and parking
facilities shall be enclosed by green poly-coated chain-link fencing,
or other fencing required by state or federal agency, and access gate(s)
at a height between eight and 10 feet for the purpose of restricting
unauthorized access.
(4)
Whenever a PWST is located less than 150 feet from an occupied
building, the following screening and landscaping shall be provided:
(a)
Within 10 feet outside the chain-link fencing stated above,
the initial row of two staggered rows of eight-foot-tall deer-resistant
evergreen trees at initial planting shall be planted with trees in
each row spaced at a maximum of 20 feet on center. The staggered rows
of evergreens shall provide an immediate visual screen and evergreen
tree spacing in each row shall ensure closure between trees at maturity,
except at access gate(s).
(b)
Where the applicant demonstrates it is not feasible or advisable
to have two staggered rows of evergreen trees installed as stated
herein for the purpose of effectively screening adjacent property,
the applicant may propose alternative landscaping and screening measures
including, but not limited to, existing vegetation, grading, plantings,
berm, and/or opaque wall or fence of architecturally suitable style
and finish satisfactory to the Board of Supervisors upon review by
the Township Engineer.
(5)
Existing trees and vegetation shall be preserved to the extent
feasible in all yards regardless of the distance of the PWST setback
from adjoining lot lines.
W.
Research, development and testing services (873). This use is permitted
as set forth in Schedule I. Laboratories and clinical research facilities
for medical marijuana shall comply with the Act, as may be amended
from time to time, and all state regulations, and shall obtain all
required states licenses and approvals.
[Added by Ord. No. 2-2018, 6/19/2018]
X.
Early child care and education center. This use is permitted as set
forth in Schedule I. The following standards, requirements and criteria
shall apply: This use may be located in an existing school district
facility. A traffic circulation plan and a parking plan shall be required,
which contain, at a minimum, information concerning times and locations
for pickups and dropoffs. Security and safety information shall be
provided. This use must evidence compliance with all applicable building
code requirements and all other applicable state licensure and regulations
including without limitation those found at 55 Pa. Code § 3270,
as amended.
[Added by Ord. No. 3-2018, 6/19/2018]
Y.
Auto Body Repair (SIC 7532). This use is permitted as set forth in
Schedule 27-1. The following standards, requirements and criteria
shall apply:
[Added by Ord. No. 1-2020, 6/1/2020]
(1)
All auto body repair work shall be performed within a building.
(2)
No abandoned or junked motor vehicle shall be stored more than
60 days on the property outside of an enclosed building, and no more
than three abandoned or junked motor vehicles shall be stored on the
property outside of an enclosed building at any point in time.
(3)
Minimum lot size is one acre.
9.
SIC Land Activity J, Public Administration.
[Ord. 1998-5, 7/20/1998, § 5.400]
A.
Public Administration Uses (SIC-90 to 99). These uses are permitted
as set forth in Schedule 27-I. The following standards, requirements
and criteria shill apply:
(1)
The site must be adequate for proper building drainage, water
supply and sewage disposal. Site size and space requirements shall
be in accordance with applicable state or federal standards and practice
for the use proposed.
(2)
Sufficient amounts of usable space are provided for recreation
areas.
(3)
The site shall be free from excessive noises, odors, smoke,
dirt, dust and traffic congestion.
(4)
Pedestrian and vehicular circulation shall be designed for safety
and efficiency to achieve separation of vehicular and pedestrian traffic.
(5)
The site shall be located and planned in such a manner that
it can be used for both its intended function and general community
functions, if appropriate, and shall be attractively landscaped. Buffering
and screening and fencing may be required dependent upon site conditions
and nature of adjacent uses.
(6)
Sufficient amounts of usable space shall be provided for parking
and loading areas as required by Part 8.
10.
SIC Land Use Activity K, Non-Classifiable Uses.
[Ord. 1998-5, 7/20/1998, § 5.500; as amended by
Ord. 2000-8, 6/12/2000, § 1]
A.
Temporary Structure or Use. These uses are permitted as set forth
in Schedule 27-I. The following standards, requirements and criteria
shall apply: A temporary permit may be issued by the Zoning Officer
for structures or uses necessary during construction, reconstruction
or other special circumstances of a nonrecurring nature subject -to
the following additional provisions:
B.
Temporary School Modular Classroom Units. For the purpose of temporary
school modular classroom units, the duration or life of such a permit
shall be three years and may be renewed for not more than two successive
two-year renewal terms. Such a use approval shall be deemed and treated
as a conditional use hereunder.
C.
Medical marijuana dispensaries and medical marijuana grower/processors.
These uses are permitted as set forth in Schedule I. Medical marijuana
dispensaries and medical marijuana growers/processors shall comply
with the Act, as may be amended from time to time, and all state regulations,
and shall obtain all required states licenses and approvals.
[Added by Ord. No. 2-2018, 6/19/2018]
[Ord. 1998-5, 7/20/1998, § 5.600]
1.
This use is permitted as set forth in Schedule 27-I. The following
standards, requirements and criteria shall apply:
A.
Administration. The administration of the procedures for application
and approval of life-care facilities shall be vested exclusively in
the Zoning Hearing Board as provided for special exception uses in
this chapter.
B.
Prerequisite for Life-Care Facilities Development. The following
conditions must be satisfied before an application for a life-care
facility can be considered:
(1)
Any tract of land to be so developed shall be in one ownership
or in case of multiple ownership of the tract, evidence shall be presented
of a written agreement between the parties involved, and said agreement
shall provide in terms satisfactory to the Zoning Hearing Board, that
the development will be in accordance with a single plan with common
authority and common responsibility.
(2)
The tract must have adequate sewer and water facilities satisfactory
to the Zoning Hearing Board.
(3)
The tract size must be a minimum 20 acres.
C.
Use Regulations. The following uses are permitted in a life-care
facility:
(1)
Residential. Single-family dwellings, two-family dwellings,
multifamily dwellings interconnected by means of covered or enclosed
walkways, with provision for wheel chair access to all units and facilities.
(2)
Accessory Uses. Community center; nursing facility; medical
health center; central dining facilities; administrative offices used
in the management of the life-care facility; and activity, craft,
hobby, gift and personal service shops reasonably integrated in the
residential community and intended for its exclusive use.
D.
Area, Bulk and Density Regulations. The following regulations shall
apply to life-care facilities:
(1)
Gross residential density (maximum): four dwelling units per
acre.
(2)
Building coverage (maximum): 20%.
(3)
Lot coverage (maximum): 30%.
(4)
Common open space (minimum): 50%.
(5)
Height (maximum): 35 feet.
(6)
Building setback from exterior streets, roads or highways: 100
feet.
(7)
Building setback from property, line: 100 feet.
E.
Development Standards. The following standards shall govern the design
of a life-care facility:
(1)
General Tract Considerations.
(a)
Consideration shall be given to protecting and improving aesthetic
quality of the tract. Earth moving, including filling, tree clearance
and destruction of natural amenities, including views shall be minimized.
Natural features such as lakes, streams and wooded slopes shall be
preserved and incorporated into the design of the development wherever
possible and desirable. The location of trees and other natural features
must be considered when planning the open space, location of buildings,
roads, parking areas, underground services, walks and finished grades.
In order to facilitate adequate general tract design, the applicant
shall prepare a site analysis, including a map(s) depicting graphic
material of the natural conditions of the tract.
(b)
High quality landscaping shall be regarded as an essential feature of the life-care facility and shall conform to the landscaping and buffering design sections (§ 27-603) of this chapter with significant size, variety, seasonal color, view blocking potential as determined by the Planning Commission. Particular attention shall be given to the landscaping of parking areas and streets.
(c)
Design and construction shall be such as to minimize any adverse
effect on adjoining properties.
(2)
Housing Sites.
(a)
Dwellings may be provided for separate ownership, long term
lease, and rental.
(b)
To create architectural interest in the layout and character
within the life-care facility, variations in building setbacks shall
be encouraged.
(c)
All housing shall be designed with regard to the topography
and other natural features on the site.
(d)
Housing shall be designed and sited so as to provide adequate
privacy between dwelling units.
(e)
The life-care community shall provide fire, security and life
safety sensors and alarm units which are a part of an overall integrated
system for the whole complex with a central monitoring control station.
(f)
Routes for vehicular and pedestrian access and circulation and
parking shall be convenient without creating nuisances or detracting
from residential privacy.
(g)
All trash, refuse and similar containers shall be concealed
from view.
(3)
Common Open Space.
(a)
Areas agreed by the applicant and the Township to be set aside
for open space and residential areas shall be suitable for the designated
purpose and in any case shall be consistent with any existing Township
policy and plan for future land.
(b)
Open space shall contain no major structures other than those
related to the purposes of open space, and shall be maintained by
the life-care community.
(c)
Up to 50% of an underground utility easement or 30% of an above
ground utility easement may be considered for part of the total common
open space area required.
(4)
Streets and Sidewalks.
(a)
Streets within the life-care facility development shall be related to land uses and to the adjacent street system, as well as to the layout of the housing and accessory uses. Each street shall be designed and constructed in accordance with the applicable specifications of the Township's Subdivision and Land Development Ordinance [Chapter 22]. However, where the purposes of this Part would be served, the Board may modify the specific terms of the Subdivision and Land Development Ordinance [Chapter 22], provided that a similar standard in performance is achieved. Where private streets are proposed, acceptable provision for their maintenance shall be an essential part of the development plan.
(b)
Parking for all uses within the life-care facility development
shall be in accordance with the requirements for off-street parking
set forth in Part 8 herein.
(c)
An adequate system shall be provided for safe and convenient
pedestrian circulation consisting of approved paved all-weather surface
walkways. Particular attention shall be given to pedestrian safety
along the various streets proposed to constructed.
F.
Application for Approval for Life-Care Facility Development. Plans
submitted for approval shall be signed and sealed by a registered
professional engineer and prepared in accordance with all applicable
Township ordinances except as noted below and shall show the following:
(1)
The location, size and topography of the site and the nature
of the landowner's interest in the land proposed to be developed.
(2)
The zoning designations of the subject land area and adjoining
properties. Any zoning district boundaries contained within the overall
tract(s) shall be clearly indicated and described as well as gross
land areas.
(3)
The location, size and uses of the common open space and the
form of organization proposed to own and maintain the common open
space.
(4)
The use and the approximate architectural design, height, bulk
and location of buildings and other structures as well as any other
site data for which compliance with zoning regulations under this
chapter is required.
(5)
The feasibility of proposals for the disposition of the sanitary
waste and stormwater and provision of public water supply as determined
by a registered professional engineer, registered in the State of
Pennsylvania.
(6)
The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of the land, buildings and structures
including proposed easements or grants for public utilities.
(7)
The provisions for parking of vehicles and the location and
width of proposed streets and public ways, together with a traffic
feasibility study for life care facilities with 100 or more beds relative
to anticipated impact on traffic circulation in the Township resulting
from the proposed life-care facility and measures proposed to minimize
such impact.
(8)
Any required modification in the land use regulations otherwise
applicable to the subject property.
(9)
Descriptions of any, public facilities which would be required
to be provided in connection with the proposed life-care facility.
(10)
In the case of development plans which call for development
over a period of years, the landowner shall designate geographic sections
for development under the plan and file a schedule showing the proposed
times within which applications for final approval of all sections
of the development are intended to be filed. This schedule must be
updated annually, on the anniversary of its approval until the development
is completed and accepted and is subject to approval by the Board
upon each submission.
(11)
Additional information as determined by the Planning Commission
and/or the Zoning Hearing Board.
G.
Introductory and Economic Statements.
(1)
The applicant shall submit with the application a written statement
setting forth a description of the project; details about the owner
(and if corporate, its Board of Directors, Officers, capitalization
and shareholders); how the project will be financed through the construction
period and thereafter; the timetable for construction; details on
how the project will be operated; and the reasons why, in the applicant's
opinion, a life-care facility would be in the public interest and
would be consistent with the Comprehensive Plan for the development
of the Township.
(2)
The applicant shall submit with its application an economic
impact statement, describing the economic benefits, if any, to the
public and Township from the project.
H.
Enforcement and Modification of Provisions of the Plan.
(1)
To further the mutual interest of the residents of the life-care
facility and of the public in the preservation of the integrity of
the development plan, as finally approved, and to insure that modifications,
if any, in the development plan shall not impair the reasonable reliance
of the said residents upon the provisions of the development plan,
nor result in changes that would adversely affect the public interest,
the enforcement and modification of the provisions of the development
plan as finally approved, whether those are recorded by plat, covenant,
easement, or otherwise shall be subject to the provisions of the law
as contained in the Municipalities Planning Code, 53 P.S. § 10101
et seq.
(2)
In the event of conveyance of any land having been granted development
plan approval under these sections, the surviving landowner(s) shall
join in a new agreement as required under "Prerequisite for Life Care
Facilities Development," above, prior to any application for construction
of building(s) and/or improvements. Failure to provide evidence of
such joinder in a form satisfactory to the Township shall be cause
for invalidation of any prior approvals of development plans granted.
(3)
Any approvals granted to development plans under these sections
shall remain applicable to the entire tract of land so approved and
shall be deemed to run with the land in the event of conveyance from
the original landowner to another provided the new landowner shall
have within 30 days of the date of conveyance, filed with the Township
a certified letter (in a form satisfactory to the Township) acknowledging
acceptance of and intent to comply with the development plan together
with any stipulations that may apply. Lack of such acknowledgment
within the time indicated shall be cause for invalidation by the Township
of any prior approval granted.
(4)
A development plan, or any part thereof, which has been given
final approval shall be so certified without delay by the Board and
shall be filed of record forthwith in the office of the Recorder of
Deeds before any development shall take place in accordance therewith.
Pending completion within a reasonable time of said development or
of that part thereof, as the case may be, that has been finally approved,
no modification of the provisions of said development plan, or part
thereof, as finally approved, shall be made except with the consent
of the landowner.
I.
PRD Life Care Facilities. Life care facilities that include 20 acres
or more of land shall also be classified as a PRD. All planned residential
development (PRD) requirements of Stroud Township shall also apply
to a PRD life care facility.
[Ord. 1998-5, 7/20/1998, § 5.700; as amended by
Ord. 2008-3, 5/20/2008, § 1.A]
1.
This use is permitted as set forth in Schedule 27-I. The following
regulations, standards, requirements and criteria shall govern the
design and review procedures for large scale shopping centers, outlet
centers and/or mega stores for conditional use approval. For purposes
of the following regulations, mega store shall be included in the
term large scale shopping center.
A.
General Regulations. The following regulations shall apply to any
large scale shopping center proposed for development pursuant to this
chapter:
(1)
Ownership. The tract of land to be developed shall be in one
ownership, or shall be the subject of an application filed jointly
by the owners of the entire tract, and shall be under unified control.
If ownership of the entire tract is held by more than one person or
entity, the application shall identify and be filed on behalf of all
of the said owners. Approval of the plan shall be conditioned upon
agreement by the applicant or applicants that the tract shall be developed
as a single center in accordance with the approved plan.
(2)
Sewer and Water Facilities. The tract of land shall be served by water and sanitary sewer facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer. Such facilities shall be designed and constructed in compliance with appropriate sections of the Stroud Township Subdivision and Land Development Ordinance [Chapter 22].
(3)
Development Plan. The application for development shall be accompanied
by a plan or plans showing in detail the proposed primary use of the
tract. Proposed satellite uses also shall be shown in detail on the
plan to the extent they are known by the applicant on the date the
application is submitted. A supplemental plan shall be submitted at
such time as the identity of any theretofore unknown proposed satellite
uses become known. Permitted satellite uses shall, in all events,
be limited to those uses specified under the heading conditional uses
(subsection which lists detached satellite stores). In addition, the
plan shall locate required buffer areas, vegetative cover areas, and
any other nondevelopment uses of the tract. The plan shall cover the
entire tract, regardless of any intended phasing of development.
(4)
Development Stages and Permits. The development of a tract carried
out in either a single phase or in stages shall be executed in accordance
with a development agreement. The owner, developer, and Township shall
enter into said agreement embodying all details regarding compliance
with this chapter to assure the binding nature thereof on the overall
tract and its development, which agreement shall be recorded with
the final development plan.
(5)
Stormwater Management. The control of erosion and sediment during construction, and the ongoing management of stormwater on the tract, shall be accomplished in conformance with the Stroud Township Subdivision and Land Development Ordinance [Chapter 22], and consistent with the McMichael Creek, the Brodhead Creek or other appropriate stormwater management ordinances.
(6)
Covenants and Restrictions. The language, terms and conditions
of any proposed covenants or restrictions shall be subject to review
and recommendation by the Township Solicitor.
B.
Conditional Uses. Subject to review and approval of the Board of
Supervisors and to the standards from this chapter, the following
uses may be included in an approved large scale shopping center, a
shopping mall and/or a mega store:
(1)
Retail and/or wholesale sales, including a supermarket or grocery
store.
[Amended by Ord. 1-2017, 6/20/2017]
(2)
Personal service establishment.
(3)
Bank or other financial institution.
(4)
Office, studio, telephone or public utility office.
(5)
Library, post office, community center for cultural or recreational
activities.
(6)
Nursery or day-care center.
(7)
Passenger station for public transportation.
(9)
The following detached satellite stores, facilities and land
uses, located in a building(s) on the same site and integrated into
the overall plan, in accord with the standards specified in this chapter:
(a)
Drive-in banking facility.
(b)
Automotive repair shop, when owned and managed by a retail establishment
within the center.
(c)
Automobile sales agency.
(d)
Gasoline service station.
(e)
Photographic film processing outlet.
(f)
Drive-in or fast food or sit down restaurants.
(g)
Farm and garden supply center.
(h)
Motion-picture theater.
(i)
Supermarket or grocery store.
(10)
A change in tenancy from one retail use to a supermarket or grocery store use within an existing large scale shopping center, a shopping mall and/or mega store ("center") without expanding the existing footprint of the existing center is a permitted use, and such change in tenancy shall not require any conditional use approval pursuant to the Zoning Ordinance, including, but not limited to, § 27-501, Subsection 2, and § 27-507, Subsection 1B.
[Added by Ord. 1-2017, 6/20/2017]
(11)
All changes in use or in the footprint of a detached, satellite building
within a large scale shopping center, a shopping mall and/or mega
store, which has not previously received conditional use approval,
shall require conditional use approval, except those changes in use
or footprint that result in less than an additional 500 ADT over the
existing use in the detached satellite building in question.
[Added by Ord. 1-2017, 6/20/2017]
C.
Area and Bulk Regulations. The following area and bulk regulations
shall govern development of a large scale shopping center for which
conditional use approval is sought:
(1)
Minimum tract size: five acres.
(2)
Maximum building height: 40 feet.
(3)
Maximum building coverage (including all primary and satellite
uses and structures): 30%.
(a)
Provided that, for every 1% reduction in total lot coverage accomplished by satisfying the parking requirements of parking and circulation regulations [Subsection 1C(7)] through structures (e.g., deck, garage, underground) multi-level parking, an additional 1/2% of building coverage shall be permissible, up to a maximum building coverage of 35%.
(4)
Minimum area of vegetative cover: 12% of the total tract area.
This minimum area shall be exclusive of the requirements for parking
lot landscaping prescribed in parking and circulation regulations
(Subsection 1D), but may, include basins and other facilities necessary
for stormwater management located outside parking lots or, if within
parking lots, which are not calculated as part of the minimum parking
lot landscaping requirements of parking and circulation regulations
(Subsection 1D) below.
(5)
Minimum Building Setbacks.
(b)
From an abutting property, the zoning of which is residential
or institutional: 125 feet.
(c)
From an abutting property, the zoning of which is commercial
or industrial: 50 feet.
(d)
The minimum building setbacks delineated in Subsections 1C(5)(a), (b) and (c), shall not apply where the abutting property is the right-of-way of an interstate highway or an interstate highway entrance or exit ramp. In such cases, the applicable minimum building setbacks shall be the following measured from the right-of-way line of the interstate highway and/or the interstate highway entrance or exit ramp and without regard to the zoning district applicable to the interstate highway or interstate highway entrance or exit ramp.
(6)
Minimum Setbacks for Surface Parking.
(a)
From the right-of-way line: 50 feet.
(b)
From an abutting property, the zoning of which is residential
or institutional: 100 feet.
(c)
From an abutting property, the zoning of which is commercial
or Industrial: 30 feet.
(d)
The minimum setbacks for surface parking delineated in Subsections 1C(6)(a), (b), and (c) shall not apply where the abutting property is the right-of-way of an interstate highway or an interstate highway entrance or exit ramp. In such cases, the applicable minimum setbacks for surface parking shall be the following without regard to the zoning district applicable to the interstate highway or interstate highway entrance or exit ramp:
1)
From the right-of-way line of an interstate highway: 25 feet.
2)
From the right-or-way line of the interstate highway entrance
or exit ramp: 25 feet.
3)
From the right-of-way line of an abutting arterial street (as
that term is defined in the Hamilton, Stroud, Pocono, and Stroudsburg
Regional Comprehensive Plan)-30 feet, but only for a distance of 1,800
linear feet from the right-of-way of an interstate highway entrance
or exit ramp. The setback beyond 1,800 linear feet shall be 50 feet.
4)
The foregoing setbacks for surface parking shall not apply to
existing surface parking areas which shall maintain the existing setbacks
if less than the setbacks herein stated if: (i) such existing surface
parking is incorporated into and integrated with the surface parking
for a large scale shopping center; and (ii) landscaping is installed
between the existing surface parking and the abutting street, highway,
or interstate entrance or exit ramp. Such landscaping shall be at
the discretion of the Township Planning Commission and/or Board of
Supervisors.
(7)
Minimum Distance Between Buildings or Building Groups. (All
structures connected by common roof lines or covered walkways shall,
be considered as one building). The minimum distance between buildings
shall be equal to the height of the tallest building or a minimum
of 25 feet.
(8)
Regulations for Satellite Uses and Buildings.
(a)
No more than 10% of the total building coverage allowable under
area and bulk regulations (Subsection 1C) above herein shall be devoted
to satellite buildings.
(b)
In addition to the parking provisions contained in area and
bulk regulations (Subsection 1C) and the parking and circulation regulations
herein, the following parking and circulation requirements shall pertain
to satellite uses:
1)
Access to satellite uses shall be taken from the parking area
and ring roads intended for the primary use; access to parking for
satellite uses shall not be taken directly from an abutting street
without obtaining explicit permission from the Board of Supervisors.
2)
Parking intended for satellite uses shall be included with the
primary use parking areas for purposes of calculation and compliance
with the requirements of Part 8, in addition, shall be designed to
be clearly identifiable and visually separate from primary use parking
areas, shall have a clear relationship to overall traffic flow patterns
of the tract, yet shall be situated and designed so as to optimize
the potential for dual use to serve the occasional and exceptional
parking needs of either the primary or satellite uses.
3)
Should any satellite use(s) be added to a large scale shopping
center development at any time after initial development is completed,
adjustments to the parking area shall be made to comply with the requirements
of this section and of regulations for satellite uses and buildings
of this Subsection 1C(8)(b)2) herein.
(9)
Buffer yard, buffer strip, and landscaping requirements shall comply with the provisions of §§ 27-602 through 27-603, Subsection 6, inclusive except there shall be no required buffer yard where the abutting property is the right-of-way of an interstate highway. Landscaping in the thirty-foot setback area set forth in Subsection 1C(6)(d)3) shall be provided based on the minimum number of plant units required for a thirty-foot buffer yard as set forth in § 27-602, Subsection 1C(2), of this chapter. Landscaping adjacent to an interstate highway exit or entrance ramp shall be provided at the discretion of the Township Planning Commission and/or Board of Supervisors.
D.
Parking and Circulation. The following parking and circulation requirement
shall be applicable to any large scale shopping center for which conditional
use approval is sought:
(1)
For purposes of traffic channelization, definition of parking
areas, reduction of visual monotony, and the provision of amenities,
an area equivalent, at minimum, to 10% of all surface parking areas
shall be devoted to interior parking lot vegetative cover. Such areas
shall be in addition to any other landscaping or buffering requirements
of this section. The locations of the vegetative cover areas shall,
in general, be dispersed to the degree necessary to fulfill the above
objective. Areas of vegetative cover may be concentrated or clustered
to meet other specified, needs, e.g., at entrances to the site or
the ring road, for the purposes of stormwater management, to provide
sitting areas or pedestrian access, or to allow retention of existing
mature vegetation.
(2)
All open parking areas and parking structures shall be screened
with mounded landscaping or evergreen shrubs of not less than three
feet whenever such parking is adjacent to a street right-of-way. When
evergreen shrubs are used as a screen, they shall be planted in quantity
and location so as to form a screen which is a minimum of 75% opaque
within 18 months after installation. It shall be the responsibility
of the owner to maintain such shrubbery.
(3)
To further assist in traffic channelization, raised islands
shall be placed at the ends of parking bays, such that the end of
the bay adjacent to a driving aisle or ring road is clearly delineated.
The island surface, shall be covered with shade trees and vegetative
material, shall be designed so as not to impair visibility needed
for traffic flow and turning movements. Where the inside curve radius
of a road adjacent to the building or ring road is less than 150 feet,
the ends of every adjacent parking bay shall contain a raised island.
(4)
Traffic channelization shall be planned in such a way that a
main driving aisle from which vehicles can flow into the parking bays
is remote from the primary building(s) so as to avoid traffic conflict
in front of the primary building(s).
(5)
All access from a parking area to a public street, highway,
or project, access road shall be designed so that motor vehicles leaving
the parking area will enter the highway traveling in a forward direction.
(6)
The parking area shall be designed so that a vehicle within
the parking area will not have to enter a public street to move from
one location to any other location within the parking area.
(7)
Parking Space Dimensions and Design Requirements.
(b)
The approach to any loading dock or area shall be designed to
incorporate a minimum turning radius, of 48 feet. The approach may
not be encumbered by parking space or physical obstructions. Minimum
overhead clearance for such loading areas shall be 14 feet.
(c)
Parking spaces may consist of enclosed areas such as basements,
attached or detached garages, or, open space parking areas, including
deck and roof parking areas. Within enclosed parking areas, no trucks
shall be permitted and proper ventilation shall be assured.
(d)
Parking for the physically disabled shall be provided in accordance
with the U.S. Americans With Disabilities Act (ADA) standards.
(e)
Pedestrian walkways shall be designed and located so that they
can be linked to an existing or future pedestrian network, e.g., walking
trails, sidewalks, etc., on abutting properties.
(f)
Where public transportation facilities are, or can be anticipated
to be, available to serve a large scale shopping center, a shelter
with benches shall be provided at pickup areas. Such areas shall be
located so as not to conflict with building entrances or automobile
traffic.
(g)
A program of parking area maintenance, including regular sweeping
operations, shall be conducted by the large scale shopping center
management under terms established by the Board.
(h)
Miscellaneous Design Requirements.
1)
Areas for customer pickup shall be delineated clearly for each
major tenant, if required by proposed use.
2)
The land upon which the off-street parking and loading spaces
are located shall be owned or controlled by the same entity which
owns or controls the land on which the principal use is located.
(8)
Fire lanes shall be provided in accordance with the following
standards:
(a)
Designation. The Zoning Officer shall require and designate
public of private fire lanes as deemed necessary for the efficient
operation of fire apparatus. Fire lanes shall have a minimum width
of 18 feet (5,486 mm).
(b)
Obstruction. Designated fire lanes shall be maintained free
of obstructions and vehicles and shall be identified in an approved
manner.
(c)
Maintenance. All designated fire lane signs or markings shall
be maintained in a clean and legible condition at all times and replaced
necessary to ensure adequate visibility.
[Ord. 1998-5, 7/20/1998, § 5.800; as amended by
Ord. 2000-2, 1/10/2000, § 2; by Ord. 2002-7, 9/16/2002,
§ 3; and by Ord. 2003-3, 5/5/2003, § 5]
1.
Accessory uses on the same lot and customarily incidental to the
permitted use are permitted by right by the Zoning Officer. Accessory
uses shall comply with all yard regulation. The term "accessory use"
may include the following uses which shall comply with the provisions
listed below:
A.
Home Occupations. A home occupation shall be considered to be an
accessory use to a residential dwelling unit. Any home occupation
which will display a sign or result in customers traveling to the
home occupation location shall be referred to the Township Planning
Commission for review and recommendation to the Zoning Officer before
the Zoning Officer approves or rejects the accessory use application.
Such home occupations shall be subject to the following requirements:
(1)
The home occupation may be conducted by one or more permanent
residents of the dwelling and by not more than one nonresident.
(2)
The applicant shall set forth the expected maximum number of
customers, visitors, or clientele expected to be served by the home
occupation during any one-hour and the number of hours and schedule
of operations when home occupations shall be open to the public. No
more than two vehicles per hour are permitted for the home occupation
use, including all types of vehicles such as customer, visitor clientele,
and deliveries.
(3)
The applicant shall give proof of compliance with all legal
requirements.
(4)
The applicant shall not detract from the residential character
of the neighborhood or exhibit any influences that are detrimental
to the health, safety, welfare, or morals of the residents of the
neighborhood.
(5)
The applicant shall comply with all off-street parking requirements
of this chapter.
(6)
The applicant shall not exhibit any external characteristics
or evidence of their presence, except for a sign not to exceed two
square feet in area.
(7)
All storage and operations shall be conducted from within a
completely enclosed structure.
(8)
The occupation shall be clearly incidental and secondary to
the residential use of the dwelling unit, and shall not exceed 1,000
square feet in area.
(9)
Such home occupations, subject to the above requirements, shall
be limited to:
(a)
Home offices.
(b)
Internet business.
(c)
Carpenter, painter plumber, and electrician offices.
(d)
Beautician and barber shops.
(e)
Operation of a photographic or art studio.
(f)
The training, education, or tutoring of up to four persons in
small classes.
(g)
Nursery school or day-care classes and foster care, limited
to no more than four children.
(h)
Family care home with three or fewer persons receiving care.
(i)
Custom dress making, millinery, or tailoring.
(j)
Laundering or home cooking.
(k)
The rooming or boarding apartment for not more than two persons.
(10)
The home occupation must be approved by the property owner if
the home occupation applicant is a tenant and is not the property
owner of the dwelling in which the home occupation is proposed to
be conducted.
(11)
Applicant for a home occupation shall include application for
a zoning permit, the appropriate fee, a copy of the property deed,
and written or graphic documentation showing compliance with the above
standards.
B.
Accessory Buildings, Structures or Accessory Uses. All accessory
buildings and structures shall conform with minimum yard regulations
for the permitted use except as required below:
(1)
Unattached Structures Accessory to Residential Buildings. Structures
accessory to residential buildings which are not attached to a principal
structure shall not be higher than 15 feet or 1 1/2 stories and
may be erected within the required rear yard of a principal structure
provided that they conform with the following:
(a)
Distance from Side Lot Line. Not less than 10 feet from the
side lot line.
(b)
Distance from Rear Lot Line. Not less than 10 feet from the
rear lot line.
(c)
Distance From Principal Structure. Not less than 10 feet from
a principal structure.
(d)
Corner Lot Setbacks. Unattached structures shall not be located
between the principal structure and any street.
Unattached structures accessory to residential buildings shall
not be in front of the principal structure.
(2)
Unattached Structures Accessory to Nonresidential Buildings.
Such accessory structures shall comply with front and side yard requirements
for the principal structure, shall not be permitted in front of the
principal structure, and shall have a minimum side yard as per Schedule
27-II,[1] a minimum rear yard of at least 20 feet, and should be properly landscaped and developed as to preserve the privacy and visual attractiveness of the surroundings. This section shall not apply to on-premise or individual signs, which are regulation under Part 9.
[1]
Editor's Note: Schedule 27-II is included as an attachment
to this chapter.
(3)
Fences and Walls. Unless specifically noted, the provisions of Subsections 1B(1) and (2), above, shall not apply to fences, terraces or walls six feet or less in height, nor to terraces, steps, unroofed porches or other similar features not over three feet high.
(a)
Location of Fences. All fences shall be located completely on
the owner's property and shall not overlap property lines. Fence
designs and locations must permit the fence to be maintained completely
from the owner's side of the property.
(b)
Fences Requiring Permit. Any fence greater than six feet in
height shall require a zoning permit.
(c)
Security fences surrounding publicly owned utility structures.
Notwithstanding any regulations set forth in this section above, fencing
to provide security around a publicly owned utility structure shall
be permitted in any zoning district, subject to the following:
[Added by Ord. No. 6-2018, 12/18/2018]
1)
Security fencing shall not exceed nine feet in height; and
2)
Security fencing shall be exempt from any applicable setback
set forth in Schedule II, and may be constructed across lot boundary
lines, as long as such fencing is located entirely within an easement
area controlled by the publicly owned utility.
C.
Home Gardening, Nurseries and Greenhouses. Home gardening and accessory structures used for nurseries or as greenhouses are permitted in residential districts provided that they shall not include the outdoor storage of equipment and supplies, and that, they shall be to the setbacks and height restrictions of Subsection 1B(1), above.
D.
Keeping of animals. The keeping of customary household pets and the
keeping of farm animals for domestic use on residential lots is permitted
without a zoning permit and is subject to the following requirements:
[Amended by Ord. No. 7-2019, 10/15/2019]
(1)
A maximum of five customary household pets may be kept.
(2)
The keeping of farm animals such as cattle, horses, goats and
pigs shall require a minimum lot area of three acres plus an additional
1/2 acre of land for each animal more than the first animal.
(3)
Stables, runways or animal exercise pens shall be located a
minimum of 60 feet from property lines or road right-of-way lines.
(4)
No animal(s) shall be kept in a manner which provides harborage
or breeding ground for flies, vermin, or other vectors.
(5)
No animal(s) shall be kept under conditions that violate the
provisions of Pennsylvania law relating to cruelty to animals (found
at 18 Pa.C.S.A. §§ 5531 through 5561).
(6)
No animal(s), including customary household pets, shall be kept
in such a manner as to cause a violation of the performance standards
contained within this chapter.
(7)
Poisonous animals shall not be kept as pets.
(8)
Exotic wildlife shall not be kept as pets except as permitted
under 58 Pa. Code Chapter 147.
(9)
Animal carcasses shall be properly disposed of within 24 hours
after the animal's death.
E.
Private Outdoor Swimming Pool. A single private outdoor swimming
pool per dwelling unit is permitted as an accessory use to a residential
structure provided that such swimming pool is for the private use
of the residents of the dwelling unit or for their guests. Such a
pool may be located within the required rear or side yards for the
district in which the pool is to be located except that no portion
of the body of water in the pool shall be located closer to the property
line than 10 feet and no portion of any walks or accessory pool appurtenances
surrounding the body of water shall be closer than four feet to any
property line.
All outdoor pools shall be surrounded and enclosed by a fence
at least four feet high structurally suitable to deter direct access
to the body of water in the pool. Such a fence shall not have openings,
holes or gaps therein larger than four inches in width or, if larger
than four inches in width, no larger than four inches in length except
for doors or gates; provided, however, that if a picket fence is erected
or maintained the horizontal opening shall not exceed four inches,
provided, further, that a dwelling house or accessory building may
be used as a part of such a fence and provided, further, that existing
hedges may be used as such enclosure or a part or parts thereof with
the written approval of the Zoning Officer. The Zoning Officer at
his discretion may approve such existing hedges, which substantially
comply with the above requirements for fences or walls.
All gates or doors opening through such enclosure shall be equipped
with a self-closing and self-latching device designed to keep, and
capable of keeping, such door or gate securely closed at all times
when not in actual use; provided, however, that the door of any dwelling
occupied by human beings and forming any part of the enclosure hereinabove
required need not be so equipped.
Fences shall be constructed of weather resistive materials and
shall be assembled or fabricated with sufficient rigidity to prevent
any substantial alteration or deformation of the lawful openings,
holes or gaps.
The sides of a pool constructed above the ground level shall
be considered to meet the requirements for a fence preventing direct
access to the pool; provided, that such sides of the pool are at least
four feet high; and, provided further, that any stairs, steps or ladders
used to reach the water surface of the pool shall be removable or
capable of being folded up or secured in a way which will prevent
their use when the pool is not in operation by the residents of the
property or their guests. When a deck is constructed between a house
and a pool, a fence in conformance with this section shall be required
on the deck. The construction standards for such deck fences shall
be the same as those for in-ground pool fences. In ground pools and
above ground pools having walls 25 inches or more in height shall
require a zoning permit.
F.
Off-Street Parking and Loading. Off-street parking and loading spaces shall be provided as specified in Part 8 of this chapter in all districts.
Off-street parking of one unoccupied recreational vehicle or
boat on any one residential lot is permitted provided that the vehicle
is located to the side or rear of the principal residential structure
outside any required front yard.
The parking of commercial trucks having a Class 05 or higher
Class Pennsylvania Vehicle Registration is prohibited in O-1 and S-1
Zoning Districts except as a special exception use on lots in excess
of eight acres. The Zoning Hearing Board shall review the proposed
location of such vehicles. The Zoning Hearing Board standards shall
require Class 05 vehicles or higher classes to be parked in the rear
of lots, within an enclosed structure and such vehicles shall not
be left running for extended periods (more than one hour) of time.
A landscape plan and landscaping is required for this land use activity as per § 27-603 of this chapter.
G.
Planned Community Common Facilities in an R-1 Low Density Residential
District but Not in a PRD. Planned community common facilities shall
be permitted as accessory uses to the whole of the community residential
uses. Such applications shall be referred to the Township Planning
Commission for review and recommendations to the Zoning Officer before
the Zoning Officer approves or rejects the accessory use application.
Such accessory uses shall be located in an existing residential subdivision
which (1) is located in an R-1 Low Density Residential District; (2)
has private common facilities; and (3) is not a PRD; but (4) is a
planned community as defined in the Pennsylvania Uniform Planned Community
Act, 68 Pa.C.S.A. § 5101 et seq., as amended. Such accessory
uses shall be located at least 50 feet from any residential lot line.
A gate or guard house located along any access road to such a planned
community shall not be subject to any lot setback requirements along
the access road. The proposed use shall be consistent with the efficient
development and preservation of the entire planned community, shall
not adversely affect in a material way the enjoyment of land abutting
upon or across the street from the planned community, and shall not
confer a special benefit upon any person.
