[Ord. 1998-5, 7/20/1998, § 6.100]
1. Two or More Principal Uses and/or Buildings Per Lot. A lot in a C-1
Neighborhood Mixed-Use District may include more than one permitted
principal use per lot and/or more than one permitted principal building
per lot. In the case where one of the uses requires a greater minimum
lot size, such minimum lot size shall be required. For example, if
Use 1 requires a one-acre lot area and Use 2 on the same lot requires
a two-acre lot area, then the lot shall have a minimum lot area of
two acres.
[Amended by Ord. 1-2014, 8/19/2014]
A. All other applicable requirements of this chapter shall apply to
each use. If differing dimensional requirements apply for different
uses on the lot, then the most-restrictive requirement shall apply.
B. The landowner or his, her, their or its authorized agent shall submit
a site plan that demonstrates that each building and/or structure
would meet the requirements of this chapter.
C. The uses and buildings shall be in common ownership. However, a condominium
form of ownership of individual buildings, with a legally binding
property owners' association, may be established if the landowner
proves, to the satisfaction of the Zoning Officer, based upon review
by the Township Solicitor, that there will be appropriate legal mechanisms
in place.
2. Maximum Exception Building Height. No building shall exceed the maximum
height of buildings specified in this chapter, except that regulations
shall not apply to farm silos, water towers, church spires, belfries,
wind turbines, solar energy collectors and equipment used for the
mounting or operation of such collectors, chimneys or other appurtenances
usually required to be placed above the roof level and not intended
for human occupancy. Although exempted from structural height limitations,
these structures should not significantly impair solar access of buildings
or solar collector locations.
3. Spacing of Nonresidential Buildings on the Same Lot. Where two or
more nonresidential principal buildings are proposed to be built on
a lot in one ownership, exterior walls of adjacent buildings shall
be located no closer than a distance equal to the height of the taller
building or a minimum of 25 feet. A building group may not be so arranged
that any permanently or temporarily inhabited building is inaccessible
by emergency vehicles.
4. Size of Dwellings. In order to promote the public health, safety
and welfare of occupants residing in residential dwelling structures,
the following minimum floor space for human habitation shall be required
in all dwelling units designed for permanent occupancy:
A. Single Dwelling Unit Structures. Minimum floor space for human habitation
in a detached structure containing only one dwelling unit shall be
720 square feet.
B. Two or More Dwelling Unit Structures. Minimum floor space for human
habitation in any structure containing two or more dwelling units
shall meet the following requirements:
Number of Bedrooms
|
Minimum Floor Space
(square feet)
|
---|
Efficiency Unit
|
400 square feet
|
1 Bedroom Unit
|
550 square feet
|
2 Bedroom Unit
|
650 square feet
|
3 or More Bedroom Unit
|
775 + 100 square feet for each additional bedroom
|
No dwelling unit shall be less than 12 feet wide. No dwelling
unit shall accommodate, on average, more than 1.25 persons per room.
|
5. Buildings and Driveways. No building or driveway shall exceed a grade of 15% slope. Prior to construction, the owner shall obtain a permit applicable to any Township Zoning Ordinance [Chapter
27].
[Ord. 1998-5, 7/20/1998, § 6.200; as amended by
Ord. 2008-3, 5/20/2008, § 1.B]
1. All buffer yards shall include a buffer strip with effective screening
and shall comply with the following:
A. Width of Buffer Yard.
(1)
Buffer yards shall be a minimum 30 feet wide unless otherwise
noted in this chapter. Each buffer yard shall include a buffer strip
with effective screening. The remainder of the buffer yard shall be
landscaped as required below.
(2)
Buffer yards shall be measured from the lot boundary line or
from the near street line where a street serves as the lot boundary
line. Buffer yards may not be part of an existing or future street
right-of-way, but shall be in addition to that right-of-way.
(3)
The buffer yard may be combined with required side, or rear
yards, and in case of conflict, the larger yard (buffer or building
set back requirement, whichever is greater) requirements shall apply.
B. Uses Prohibited in Buffer Yard. Except for fences, walls and/or a directional sign at each driveway, the buffer yard shall be a landscaped area free of structures, manufacturing or processing activity, materials storage and vehicular parking. All directional signs shall be subject to the requirements set forth in Part
9 of this chapter. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress. At the discretion of the approving body (Board of Supervisors or Zoning Hearing Board) a walking trail or bikeway may be permitted within a buffer yard.
C. Buffer Strip Landscaping Requirements. All buffer strips shall include
a dense screen planting composed of trees, shrubs, and ground cover
to the full length of the lot line to serve as a barrier to visibility,
air borne particles, glare and noise throughout the year. Therefore,
deciduous plants alone shall not be an acceptable screen. Screen planting
shall be in accordance with the following requirements:
(1)
Plant materials used in the screen planting shall be of such
species and size as will produce an immediate visual screen of at
least six feet height.
(2)
The minimum width of landscaped area for thirty-foot buffer
yards shall be 20 feet and the minimum width of landscaped area for
one-hundred-foot buffer shall be 65 feet. Buffer landscaping shall
include trees and shrubs alone or in combination with ground berms,
fences or walls. Buffer yards shall be planted as follows:
Minimum Number of Plant Units per 100 Linear Feet of Buffer
|
---|
Minimum Required Buffer Yard Width
|
Buffer Strip Width
|
Plant Units(a) per 100 Linear Feet of Buffer
|
---|
15 feet
|
5 feet
|
40
|
30 feet
|
20 feet
|
80
|
100 feet
|
65 feet
|
200
|
150 feet (a)(b)
|
75 feet
|
210
|
200 feet (a)(b)
|
80 feet
|
220
|
(a)
|
Planting Units include:
|
|
One shade tree = Ten plant units
|
|
One evergreen tree = Five plant units
|
|
One shrub = One plant unit
|
(b)
|
Along outside boundary line of the EP Zone.
|
The minimum number of plant units shall be limited to no more
than three shade trees counted per 100 linear feet of thirty-foot
buffer and no more than six shade trees per 100 linear feet of one-hundred-foot
buffer.
|
Existing trees and vegetation should be preserved and may be considered as part of the buffer yard landscaping requirements. Upon review and recommendation of the Township Engineer, the Township Supervisors may reduce the total buffer yard planting requirement if existing vegetation, berms, fences and/or walls accomplish the purpose of Subsection 1C(1), above. Buffer strip planting units may be reduced by the Supervisors if the buildings and items on the applicant's property being buffered are located 400 feet or more from the property line.
|
(3)
The screen planting shall be so placed that at maturity the
drip edge of the plant will not be closer than one foot from any street
or property line.
(4)
The screen planting shall be maintained permanently and any
plant material which does not live shall be replaced within one year.
(5)
Fences or free-standing walls, a soil berm or a combination
of these may be required on an individual basis as a supplement or
alternative to required screen planting. Fences or walls shall be
constructed of approved materials with the finished side facing the
exterior of the lot on which it is located and shall provide effective
screening to a height of six feet unless otherwise required on an
individual site basis by the Township. Where fences or walls are relied
upon for screening a segment of the perimeter, the fences or walls
along the perimeter segment shall be broken only at points of vehicular
or pedestrian access.
(6)
In circumstances where it is impractical for a screen to meet
all the requirements of this section or would create an undue hardship,
the Township Supervisors may modify the requirements or approve acceptable
alternatives which shall satisfy the spirit, objectives and intent
of the screen requirements. The buffer should serve as a barrier to
visibility, air borne particles, glare and noise.
(7)
To assure compliance with the buffering requirements, the applicant
shall provide graphic material to enable the Township to assess the
impact of the adjacent use or district and to insure that the proposed
buffering will create an effective buffer barrier at necessary points.
Graphic materials may include one or more of the following: a plot
plan with a view analysis; landscaping and grading plan; profiles;
models; cross-sections; and photographs.
(8)
Buffer Yard Landscaping Requirements. The buffer yard shall
be a landscaped yard without pavement or buildings. The buffer strip
planting requirement of the buffer yard are presented above. The remainder
of the buffer yard not included in the buffer strip may be a combination
of trees, bushes and vegetative ground cover which is consistent with
a landscape plan reviewed by the Township Planning Commission and
approved by the Board of Supervisors or Zoning Hearing Board. A paved
pedestrian walkway may be permitted if it is part of a recreational
pedestrian walkway or bicycle way.
D. Landscaping Responsibility. All landscaping shall be the responsibility
of the owner of the lot, including the installation and maintenance
of all plant material.
E. Landscape Plan. All landscaping designs shall be subject to review
by the Planning Commission prior to installation. Each applicant shall
submit a planting plan to the Planning Commission and shall be approved
by the Board of Supervisors or the Zoning Hearing Board. This plan
shall note a planting schedule which includes the botanical names,
common names, size, quantity, and general remarks for each plant proposed.
Plantings will not be approved unless they conform to the minimum
standards set forth in this chapter.
[Ord. 1998-5, 7/20/1998, § 6.300; as amended by
Ord. 2000-9, 6/19/2000, § 4; by Ord. 2002-7, 9/16/2002,
§§ 4, 5; by Ord. 2006-8, 8/29/2006, § 3;
by Ord. 2003-3, 5/5/2003, § 6; and by Ord. 2009-2, 3/3/2009,
§§ 2-4]
1. Landscaping Requirements, Front Yards. Landscaping along the frontage of every tract, except for area devoted to accessways shall be provided. The landscaped area shall extend toward the interior of the lot for a minimum distance of 25 feet from the proposed right-of-way line or for 1/2 the distance of the front yard setback as per this chapter. In addition to what may be required by §
27-602, low shrubbery, other landscaping, and street trees shall also be required. Street trees shall be planted at a minimum equivalent of 20 feet on-center, with a minimum diameter of 3 1/2 inches at time of planting. Additionally, landscaping between the proposed right-of-way line and the curbline or edge of roadway shoulder shall be encouraged, recognizing that such landscaping may need to be removed in the future for roadway improvements; landscaping in this area, therefore, is encouraged to represent a low financial investment and/or be capable of relocation. In all instances, landscaping shall be so installed to preserve a clear and unobstructed view of oncoming traffic.
2. Landscaping Requirements, Side and Rear Yards. A vegetative ground
cover shall be required on at least 50% of all side and rear yards
in order to facilitate groundwater absorption and to reduce the adverse
effects of soil erosion and stream sedimentation. Buffer yards shall
be 100% landscaped with a combination of ground cover, trees and shrubs
according to an approved landscape plan.
3. Landscaping Requirements for Off-Street Parking Areas. Requirements
are as follows:
A. Interior Parking Lot Requirements for Lots with More than 20 Parking
Spaces. 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 chapter. The location of the vegetative cover may be concentrated
or clustered, however, to meet other specified open space and pedestrian
needs such as a sitting area.
B. Screening Requirements for All Off-Street Parking Areas. Off-street
parking areas and parking structures shall be screened as follows:
(1)
Parking lot screening must be provided within 10 feet of the
perimeter of the parking lot to be screened or at a distance greater
than 10 feet of the perimeter of the parking lot if requested by the
applicant and approved by the Board of Supervisors.
(2)
Parking lot screening must consist of a single compact hedge
row of evergreen and/or densely twigged deciduous shrubs spaced to
ensure closure into a solid hedge at maturity. Said hedge must be
a minimum of three feet and maximum of four feet in height as measured
from the adjacent finished surface of the parking area. It shall be
the responsibility of the property owner to maintain said hedge so
that it does not exceed four feet in height, and one or more of the
following if requested by the applicant and approved by the Board
of Supervisors:
(b)
An opaque wall or fence of architecturally suitable style and
finish satisfactory to the Board of Supervisors.
(3)
Parking lot screening shall be in addition to a minimum five-foot
wide landscaped buffer strip pursuant to footnote (e).2 of Schedule
27-II and/or a minimum twenty-five-foot-wide buffer strip pursuant
to footnote (e).1 of Schedule 27-II, unless otherwise approved at
the discretion of the Board of Supervisors.
(4)
Off-street parking area or structure screening requirements
under this section may be waived, reduced or modified at the discretion
of the Board of Supervisors in circumstances where other screening
is provided, such as under footnote (e) of Schedule 27-II, where screening
may be problematic for property maintenance, such as snow storage,
or where the elevation of the parking area relative to the elevation
of the street or adjacent property would make the screening ineffectual
as determined by the Township Engineer. The applicant, developer or
property owner shall provide plans and other data required by the
Township Engineer to make such determination.
C. Raised Islands Shall Be Required for Traffic Channelization. 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,
preferably covered with vegetative material, designed so as not to
impair traffic access visibility.
4. Revegetation. Revegetation shall be required as part of mine reclamation
and may be required by the Supervisors as part of the site alteration
as follows:
A. Revegetation, if required, shall provide for a diverse, effective
and permanent vegetative cover of the same seasonal variety native
to the area of land to be affected and capable of self-regeneration
and plant succession at least equal in extent of cover to the natural
vegetation of the area. Introduced species may be used in the revegetation
process where desirable and necessary to achieve the approved post-mining
land use plan. Vegetative cover shall be considered of the same seasonal
variety when it consists of a mixture of species of equal or superior
utility for the approved post-mining site alteration and/or logging
land use, when compared with the utility of naturally-occurring vegetation
during each season of the year.
B. Revegetation when required shall provide a quick germinating fast-growing
vegetative cover capable of stabilizing the soil surface from erosion.
C. Revegetation shall be completed in compliance with the landscape
plan submitted for the proposed mining, site alteration, logging and/or
other use.
5. Landscape Plan. A landscape plan, prepared by a registered landscape
architect or a landscape professional, shall be required, showing
all pertinent information for buffer areas, frontage landscaping,
interior parking lot landscaping and other landscaping required pursuant
to this chapter. Pertinent information includes all individual trees
and shrubs to be planted or to be preserved.
6. Landscape Maintenance.
A. Material Maintenance. The property owner must maintain all landscaping and screening materials required by this chapter or shown on the approved landscape plan. Required or approved landscaping materials that are dying, dead, diseased or removed for any reason within one year of initial planting shall be replaced within three months or at the beginning of the next planting season if frost conditions are evident within three months. Such requirement shall become part of the terms of any development agreement as provided for in the Subdivision and Land Development Ordinance [Chapter
22].
B. Structure Maintenance. Landscaping and screening structures such
as fences and walls must be maintained in good condition, free of
graffiti, peeling paint, decay or warping; must be repaired if damaged
and replaced periodically to maintain a structurally sound condition.
C. Surety. To ensure that landscaping is installed as proposed and survives
for one year from the time of planting, a landscape performance surety
must be submitted to the Township prior to issuance of a zoning occupancy
permit for any project where landscaping is required. The landscape
surety amount shall be set by the Board of Supervisors. The surety
shall consist of a bond, an irrevocable letter of credit, cash deposit
or other instrument approved by the Township Solicitor which provides
an adequate performance guarantee to the Township.
7. Landscaping of Communications Service Facility. Landscaping shall
be required for any new communications tower and/or communications
equipment building as follows:
A. Communications towers shall be landscaped with evergreen trees suitable
to provide an immediate visual screening at least six feet in height.
In addition, tree species and placement shall be such that long term
screening of the tower at heights in excess of 30 feet can be expected.
In most cases this will require a mixture of columnar and cone-shaped
species planted no more than 20 feet on-center in staggered rows.
B. Communications equipment buildings shall be landscaped with a mixture
of evergreen trees to screen the building from adjacent properties
and/or streets and shade trees, shrubs, and ground cover to restore
any cleared area between the building and adjacent properties or streets
to a natural condition.
C. The Board of Supervisors may offer relief from the above requirements
if the Township Engineer makes a recommendation that existing vegetation
will meet the intent of this section throughout the year.
8. Foundation Landscaping. Foundation plantings shall be provided along
the front or sides of any nonresidential buildings which face a public
road, is adjacent to a parking lot or other area which provides access
to the building(s) by the general public. Foundation planting areas
shall be integrated into the sidewalk system, where provided (between
the front or sides of the building and the parking area and/or associated
driveways) adjacent to the building. Foundation planting areas shall
contain at a minimum, five shrubs per 35 lineal feet of applicable
building frontage. The minimum width of the landscape strip shall
be four feet as measured from the foundation.
9. Landscaping and Screening Limitations.
A. Plant and screening materials shall not obstruct clear site distance
or triangles.
B. Any tree, plant, shrub, flower, vine or grass species which has been
classified as invasive, noxious or destructive by any local, county,
state or federal agency shall be specifically prohibited for use in
landscaping and ground cover.
[Ord. 1998-5, 7/20/1998, § 6.400; as amended by
A.O.]
1. No land or structure in any zoning district shall be used or occupied
in any manner that creates any dangerous, injurious, noxious, or otherwise
objectionable fire, explosive, or other hazards; noise, or vibration;
smoke, dust, odor or other form of air pollution; heat, electromagnetic
or other radiation, or other condition in such manner or in such amount
as to affect adversely the reasonable use of the surrounding area
or adjoining premises.
A. Performance Standard Procedure. With the exception of residential
uses, the applicant for a zoning permit for any other principal or
accessory use shall include with such application a statement acknowledging
an understanding of the performance standards specified throughout
this chapter and applicable to such use, and affirming agreement to
conduct or operate such use at all times in conformance with such
standards.
Regardless of whether or not a use is required to comply with
the procedure specified in this subsection, every use shall comply
with the performance standards themselves.
B. Noise Control.
(1)
No person shall operate or cause to be operated on private or
public property any source of continuous sound (any sound which is
steady, fluctuating or intermittent with a recurrence greater than
one time in any 15 second interval) in such a manner as to create
a sound level which exceeds the limits set forth for the receiving
land use category in the following table when measured at or beyond
the property boundary of the receiving land use.
Continuous Sound Levels by Receiving Land Use
|
---|
Receiving Land Use Category
|
Time
|
Sound Level Limit
|
---|
Residential, Public Space, Open Space, or Institutional
|
1
|
7:00 a.m. - 9:00 p.m.
|
60 dBA
|
|
2
|
9:00 p.m. - 7:00 a.m. plus Sundays and Legal Holidays
|
50 dBA
|
Commercial or Business
|
1
|
7:00 a.m. - 9:00 p.m.
|
65 dBA
|
|
2
|
9:00 p.m. - 7:00 a.m. plus Sundays and Legal Holidays
|
60 dBA
|
Industrial
|
At all times
|
65 dBA
|
(2)
For any source of sound which emits a pure tone, the maximum
sound level limits set forth in the above table shall be reduced by
5 dBA. For any source of sound which emits an impulsive sound (a sound
of short duration, with an abrupt onset and rapid decay and an occurrence
of not more than one time in any 15-second interval) the excursions
of sound pressure level shall not exceed 20 dBA over the ambient sound
pressure level, regardless of time of day or night or receiving land
use, using the "fast" meter characteristic of a Type II meter, meeting
the ANSI specifications S1.4-1971.
(3)
The maximum permissible sound levels by the receiving land use
category as listed in the previous table shall not apply to any of
the following noise sources:
(a)
The emission of sound for the purpose of alerting persons to
the existence of an emergency.
(b)
Emergency work to provide electricity, water, or other public
utilities when public health or safety are involved.
(c)
Domestic power tools, between the hours of 8:00 a.m. and 9:00
p.m.
(d)
Explosives and construction operations, between the hours of
8:00 a.m. to 6:00 p.m.
(f)
Motor vehicle operations.
(g)
Public celebrations, specifically authorized by the Township.
(h)
Surface carriers engaged in commerce by railroad.
(i) The unamplified human voice.
(j)
Periodic outdoor sports or entertainment activities approved
by the Township.
C. Vibration Control. Operating or permitting the operations of any
device that creates vibration which is above, the vibration perception
threshold of an individual at or beyond the property boundary of the
source if on private property or at 50 feet from the source if on
a public space or public right-of-way shall be prohibited. For the
purposes of this section, "vibration perception threshold" means the
minimum ground-or-structure-borne vibrational motion necessary to
cause a normal person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or visual observation
of moving objects.
D. Outdoor Storage Control.
(1)
All outdoor storage facilities for fuel, raw materials, and
products stored outdoors, shall be enclosed by a fence of a type,
construction and size as shall be adequate to protect and conceal
the facilities from any adjacent properties. All applicable state
and federal regulations shall be met.
(2)
No materials or wastes shall be deposited upon a lot in such
form or manner that they may be transported off by natural causes
or forces, nor shall any substance which can contaminate a stream
or watercourse or otherwise render such stream or watercourse undesirable
as a source of water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream or watercourse. Applicable state
and federal regulations shall apply.
(3)
All materials or wastes which might cause fumes or dust, or
which constitute a fire hazards; or which may be edible or otherwise
attractive to rodents or insects, shall be stored outdoors only if
enclosed in containers adequate to eliminate such hazards. Applicable
state and federal regulations shall apply.
E. Sewage Waste Treatment and Disposal Control. All methods of sewage
and waste treatment and disposal shall be approved by the Pennsylvania
Department of Environmental Protection and in accordance with the
sewage plan for the Township and any standards of Stroud Township
Sewer Authority.
F. Dust, Dirt, Smoke, Vapors, Gases, Odors, Glare and Heat Control.
(1)
The air pollution control regulations promulgated by the State
Air Pollution Control Act of January 9, 1960, Public Law 2119, as
amended, shall be used to control the emissions of dust, dirt, smoke,
vapors, gases, odors, glare and heat in the Township.
(2)
The regulations are part of Title 25 Pa. Code, Rules and Regulations,
Department of Environmental Protection, Subpart C, Protection of Natural
Resources, Article III, Air Resources.
G. Light, Glare and Heat Control. No use shall carry on an operation
that will produce light, heat or glare beyond the property line of
the lot on which the operation is situated. Glare shall be defined
as illumination from the proposed use in excess of 0.5 footcandle
on adjacent properties zoned for commercial use and streets, and 0.2
footcandle on properties zoned for residential or rural residential
use, measured at five feet from the property producing the illumination.
H. Electric, Diesel, Gas or Other Power. Every use requiring power shall
be so operated that any service lines, substation, etc., shall conform
to the highest applicable safety requirements, shall be constructed,
installed, etc., so that they will be an integral part of the architectural
features of the plant, or if visible from abutting residential properties,
shall be concealed by evergreen planting.
I. Control of Radioactivity or Electrical Emissions or Electrical Disturbances.
Activities which may emit radioactivity beyond enclosed areas shall
comply with the codes of the Pennsylvania Department of Environmental
Protection, Division of Radiology. The Federal Nuclear Regulatory
Commission shall also regulate the control of radioactive material
associated with any activity in the Township. No electrical disturbances
(except from domestic household appliances) shall be permitted to
adversely affect any equipment at any time other than the equipment
creating the disturbance.
[Ord. 1998-5, 7/20/1998, § 6.500]
1. It is the objective of this chapter to encourage the orderly development
of commercial, industrial and other nonresidential parcels in a manner
which will provide for proper access and reduce traffic conflicts
and provide for the health and welfare of the population of the municipality.
This shall be accomplished as follows:
A. The design of streets, service drives and pedestrian ways shall provide
for safe, convenient and hazard-free internal circulation of goods,
persons and vehicle.
B. Nonresidential parcels shall be limited to no more than two driveway
access points from the street or highway from which they derive their
principal access and such driveway access points shall not be more
than 40 feet wide (except as required by the Township and/or PennDOT)
and shall be designed in a manner which will minimize their interference
with any traffic movements on the street or highway.
C. Where a number of individual parcels or buildings are being developed
jointly, or where a parcel or building is being developed adjacent
to another parcel used or suitable for nonresidential development,
consideration should be given to the following:
(1)
The location and planning of driveway access points to permit
their joint use by adjoining parcels so as to minimize the number
of intersections with the street or highway from which they derive
their access.
(2)
The development of parking and loading areas which permit convenient
traffic circulation between adjoining parcels.
(3)
The development of pedestrian walkways between adjoining parking
areas and buildings.
(4)
The provision of landscaping and other features which will enhance
the usability, character and attractiveness of the area.
D. Landscaping shall be undertaken to enhance the appearance of the building. As a minimum, landscaping shall include ground cover and screening in the required yards adjacent to nonresidential uses. Any cuts or fills shall be landscaped with a durable ground cover. Suitable trees and other plant material designed to enhance the livability and attractiveness of any lot shall also be located in any yard or court. As a minimum, this shall include trees in the front yard as required in §
27-603, Subsection
1, of this chapter. The lowest branches of said trees shall be no lower than eight feet after the first year of planting, where said tree could obstruct any driveway or street sight distance.
E. Uses Fronting on Arterial Streets or Approach Highways in the Vicinity
of Grade Separated Interchanges. Proposed uses fronting on arterial
streets or other highways, or located in the vicinity of a grade separated
highway interchange, shall be subject to the following regulations:
(1)
Setback. All structures fronting on an approach highway leading
to a grade separated highway interchange shall be set back not less
than 150 feet from the center line of such street or highway for a
distance of 250 feet from the end of any interchange ramp which intersects
with the approach highway.
(2)
Interchange Ramp Protection. Individual driveway access points
and intersecting roads on any approach highway are prohibited for
a distance of 250 feet from the end of any interchange ramp which
intersects with the approach highway.
(3)
Driveway Access Points. All structures fronting on arterial
streets or on approach highways which lead to a grade separated interchange
shall be generally limited to no more than two driveway access points.
Properties on such highways which are less than 200 feet wide shall
be limited to only one driveway access point, however any such properties
may have additional driveway access points provided the distance between
such driveway is not essentially less than 800 feet. All driveway
access points shall be designed in a manner which will minimize their
interference with any through traffic on the arterial street or the
approach highway. Such driveway access points shall conform to the
requirements of the Pennsylvania Department of Transportation and
be approved by the Department if the access is to and from a state
highway.
[Ord. 1998-5, 7/20/1998, § 6.600; as amended by
Ord. 2003-3, 5/5/2003, § 6; by Ord. 2004-3, 5/4/2004, §§ 1,
2; and by Ord. 2006-3, 7/18/2006, § 2]
1. Environmental and Flood Protection Requirements. Areas and/or proposed
uses subject to special environmental or hazardous conditions or other
site problems or conditions which may adversely affect the public
health, safety or welfare of residents of the Township or of the public
shall be subject to the following additional regulations contained
in this section, regardless of the zoning district in which such areas
of proposed uses are located.
Such environmental or hazardous conditions or problems shall
include any area of the Township which contains a flood hazard, wetlands,
or any other condition adversely affecting the public health, safety
or welfare based on the Soil Interpretive Maps of the U.S. Soil Conservation
Service or on studies completed by the U.S. Army Corps of Engineers,
the U.S. Geological Survey or some other competent authority or agency
recognized by the Board.
Whenever wetlands exist, the wetlands shall be delineated by
a competent authority and located by a registered professional land
surveyor. The results of the wetland delineation shall be presented
on a map. Soil maps as prepared by the U.S. Soil Conservation Service
may be used as a resource for the preliminary identification of wetlands.
The wetland delineation required by this chapter shall be presented
in map form with the required detailed delineation based on field
survey of a registered land surveyor.
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Whenever the Zoning Officer is of the opinion that such adverse
conditions exist, the Officer shall refer any application for a permit
or certificate to the Board for a determination thereon. The Zoning
Officer shall have the authority to issue a zoning permit for lots
with a slope between 15 and 30% for the area of the lot proposed for
disturbance subject to compliance with the erosion and sediment pollution
control plan.
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Except when the EP overlay is applied, all proposed permitted
uses which are affected by such special environmental or hazardous
conditions or other site problems shall be considered to be a "special
use" subject to all of the special use review provisions set forth
in this chapter. Where appropriate, the Board shall require approval
by a competent authority or agency recognized by the Board, before
a special use permit shall be granted. When the EP overlay is applied,
uses which are affected by such special environmental or hazardous
conditions or other site problems shall be considered to be a conditional
use.
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In reviewing such proposed uses, the Board shall, prior to authorizing
a zoning permit for such a special use, determine compliance with
the following criteria and standards:
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A. Areas Subject to Flooding. Areas subject to flooding shall be subject to Ord. 212, the Stroud Township Floodplain Ordinance [Chapter
8].
B. Areas with High Water Table. Areas which have a year round or seasonal
high water table which comes to within one foot of the ground surface
shall be considered to be potentially hazardous. Any proposed land
use which may directly by means of effluent discharge into the ground
or indirectly through leaching of stored materials result in the pollution
of the ground water shall be prohibited from developing in such areas.
The determination of such hazards shall be made by the appropriate
state agency and/or a qualified sanitary engineer.
C. Areas with Steep Slopes. Steep slopes are divided into the following
two categories and regulated as follows:
(1)
Slopes 15% to 30%. Erosion and sediment control plan approval
from the Monroe County Conservation District shall be required for
all proposed disturbances impacting steep slopes. The plans should
be site specific and control measures shall be provided to minimize
rainfall runoff and to prevent erosion.
(2)
Slopes 30% or Greater. Disturbance of steep slopes 30% or greater
or removal of woody vegetation on steep slopes 30% or greater is prohibited.
(3)
Small Area Exclusion. The standards of Subsections
1C(1) and
(2) shall not apply to steep slopes that are less than 5,000 square feet in area in the aggregate for a subject property, or to a disturbance of steep slopes less than 1,500 square feet in area.
(4)
Criteria for Determining Steep Slopes. The presence of steep
slopes shall be determined by the Township using data including, but
not necessarily limited to, the following:
(a)
Approved or pending subdivision or land development plans.
(b)
Approved or pending conditional use or special exception plans.
(c)
Site plan prepared for some other purpose.
Based on the above determination, the Township may require a
topographic survey by a Pennsylvania licensed surveyor, showing topography
at two-foot contour intervals, to determine the limits of slopes less
than 15%, slopes ranging from 15% to 30%, and slopes 30% or greater.
Slopes will be determined by calculating the difference in elevation
between each contour line by the distance between those contour lines
when measured at right angle to the contour.
D. Areas with Existing Forest. To protect the environment and to avoid
increased water runoff, the following standards shall apply when a
forest area exists on a lot in a special conservation district or
in a low density residential district and in any other district.
(1)
Open Space and Preservation District (O-1) and Special and Conservation
District (S-1). No more than 30% of any existing forest may be cleared
or developed except where forestry and/or logging are approved as
a conditional use. The remaining 70% shall be preserved as permanent
open space.
(2)
Low Density Residential District R-1. No more than 50% of any
existing forest may be cleared or developed. The remaining 50% shall
be preserved as permanent open space.
(3)
Other Zoning Districts. The maximum feasible amount of existing
forest should be retained. This objective recognizes the rain water
retention characteristic of trees, their oxygen generation potential,
and their other advantages particularly in this Pocono area.
E. Areas with an Impact upon Wetlands, Lakes, Ponds, or Streams.
(1)
Aquatic Buffers. Aquatic buffers shall be provided for subject
to the following:
(a)
Wetlands, lakes, ponds, and streams that are an exceptional
value water or located within a watershed to an exceptional quality
stream (as designated in 25 Pa. Code, Chapter 93, of the Pennsylvania
Code or identified on the DEP list of Statewide Existing Use Classifications),
a tributary to an exceptional value water, or habitat for threatened
or endangered species shall be subject to a one-hundred-fifty-foot
buffer.
(b)
Wetlands, lakes, ponds, and streams that are a high-quality
water or located within a watershed to a high quality stream (as designated
in 25 Pa. Code, Chapter 93 or identified on the DEP list of Statewide
Existing Use Classifications) or a tributary to a high-quality water
shall be subject to a one-hundred-foot buffer.
(c)
All other wetlands, lakes, ponds, and streams shall be subject
to a fifty-foot buffer.
(d)
All disturbance and development is prohibited in the aquatic
buffer with the exception of the following:
1)
Stormwater conveyance facilities, outlet structures, and associated
grading and tree removal.
2)
Sewer lines, water lines, and other public utilities along with
associated grading and tree removal.
3)
Walking trails, paths, and other linear recreation facilities,
along with grading and tree removal associated with such linear recreational
facilities.
4)
Other uses or structures may be allowed as a special exception
subject to a review by the Stroud Township Planning Commission and
approval by the Stroud Township Zoning Hearing Board.
(2)
Wetlands. No disturbance of a wetland is permitted except for
activities waived or permitted under Pennsylvania DEP, 25 Pa. Code,
Chapter 105, regulations.
(3)
Lakes and Ponds. Lakes and ponds shall be preserved in their
natural state.
(a)
Whenever a lake or pond is included in a subdivision or land
development, that lake or pond shall be entirely located on one lot.
No lake or pond may be subdivided.
(b)
No disturbance of a lake or pond shall be permitted except for
the following:
1)
Activities waived or permitted under Pennsylvania DEP regulations,
25 Pa. Code, Chapter 105.
2)
Dredging projects to preserve the integrity of the lake or pond
and to encourage or allow recreational activities, fisheries, or wildlife
habitat, subject to any DEP approvals.
3)
General lake and pond management activities such as aquatic
weed management, littoral zone enhancement, fisheries management,
or aesthetic and recreational enhancement, subject to any DEP approvals.
(4)
Streams. Streams shall be preserved in their natural state as
common open space. The following special regulations apply to streams:
(a)
Where a developer has frontage on a stream designated as a cold
water fisheries or a trout stocking fisheries, any use approval (i.e.,
conditional use or special exception) shall be conditioned upon a
request being made to the property owner to provide public access
to the stream.
(b)
No disturbance of a stream is permitted except for activities
waived or permitted under Pennsylvania DEP regulations.
(c)
Any project impacting a stream that requires an individual permit
from the US Army Corps of Engineers or a joint permit from the US
Army Corps of Engineers and the Pennsylvania Department of Environmental
Protection shall require and special protection shall require a special
exception approval as outlined in this chapter.
F. Effective Date for Application of Steep Slope and Aquatic Buffer
Regulations. The regulations contained in Ord. 2004-3, enacted on
May 4, 2004, with respect to steep slope regulations under Subsection
1D, and with respect to aquatic buffer regulations under Subsection
1E, shall be effective as of May 9, 2004, and shall not be applied
to lots in a subdivision plan approved by the Township and recorded
prior thereto, which lots shall be subject to the steep slope and
aquatic buffer provisions in effect at the time of approval thereof.
[Ord. 1998-5, 7/20/1998, § 6.700; as amended by
Ord. 2002-7, 9/16/2002, § 6]
1. Registration of Nonconforming Uses and Structures. The Township Zoning Officer shall, upon adoption of this chapter, maintain a register of all nonconforming uses and structures for which a nonconforming use certificate has been issued as per Part
11 of this chapter.
2. Continuation. All structures, uses of structures and uses of land
that do not conform to the regulations of the district in which they
are located after the effective date of this chapter shall be regarded
as nonconforming and the following regulations shall apply to them.
3. Nonconforming Structure Alteration or Extension. Nonconforming structures,
with the exception of nonconforming signs, may be altered, reconstructed,
or enlarged provided that such alteration, reconstruction or enlargement
does not increase the extent of the nonconformity more than 100% of
the structure on the effective date of the original Zoning Ordinance
(Ordinance 109, effective October 30, 1968). Such enlargement, alteration
or reconstruction shall not exceed maximum building height, maximum
floor area ratio and maximum ground coverage requirements set forth
in Schedule 27-II for the district in which the nonconforming structure is located. The enlargement shall not encroach further into any required yard set forth in Schedule 27-II or Part
5 than the existing nonconforming use. This section shall specifically exclude nonconforming signs, which are regulated under §
27-915.
[Amended by 2002-7; and by Ord. 3-2016, 12/20/2016]
4. Nonconforming
Uses. Nonconforming uses shall not be altered, reconstructed, extended
or enlarged, except in accordance with the following provisions:
A. Such alteration, reconstruction, extension, enlargement shall be permitted only by special exception under the provisions of Part
11, §
27-1109, Zoning Hearing Board.
B. Such
alteration, reconstruction, extension or enlargement shall be only
upon the same lot as in existence at the date the use became nonconforming.
C. Any increase
in volume or area of the nonconforming use shall not exceed an aggregate
of more than 100% (of said volume or floor area) during the life of
the nonconformity.
D. Restoration.
A nonconforming building or any building containing a nonconforming
use wholly or partially destroyed by fire, explosion, flood or other
phenomenon, or legally condemned, may be 'reconstructed and used
for the same nonconforming use, provided that reconstruction of the
building shall be commenced within one year from the date the building
was destroyed or condemned and shall be carried on without interruption
or else the nonconforming building or use shall be deemed to be abandoned.
E. Ownership.
Whenever a lot is sold to a new owner, a previously lawful nonconforming
use may be continued by the new owner. However, the new owner shall
re-register the nonconforming use within 60 days after final settlement.
F. Abandonment. If a nonconforming use of a building or land is discontinued or abandoned for 12 consecutive months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board in accordance with §
27-1109 and that such approved use be initiated within 30 days after the end of the twelve-month period or such other time period that the Zoning Hearing Board may establish for each new nonconforming use certificate.
G. Changes.
Once changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use: A nonconforming use may be changed
to another nonconforming use only if permitted as a special exception
by the Zoning Hearing Board and subject to the following conditions:
(1) The applicant shall show that the proposed change will be equally
or less objectionable in external effects than the existing nonconforming
use, or more appropriate than the existing nonconforming use with
regard to:
(a) Traffic generation and congestion including truck, passenger car,
bicycle and pedestrian traffic.
(b) Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(c) Storage and waste disposal.
5. Existing
Nonconforming Lots. Single-family residential development of an existing
nonconforming lot will be permitted in accordance with the following
requirements or in accordance with the normal regulations contained
in this chapter, whichever are less restrictive:
A. Residential
Development on Isolated Nonconforming Lots. In any zoning district
where a nonconforming lot, which was created prior to August 9, 1965,
(the effective date of the Monroe County Subdivision Regulations),
exists as separate entity at the time of passage of this chapter,
and where the owner of the nonconforming lot does not own an adjoining
lot and where the owner wishes to construct or alter a building for
single-family residential purposes, then the regulations set forth
in the following Isolated Nonconforming Lot Schedule shall apply:
Isolated Nonconforming Lot Schedule
|
---|
Utilities Provided
|
Minimum Lot Area
(square feet)
|
---|
On-lot water and sewer
|
15,000
|
Centralized water
|
12,000
|
Centralized water and sewer
|
10,000
|
Existing nonconforming lots meeting the above stipulations shall
comply with the following:
|
Nonconforming Lot Width1
(feet)
|
Minimum Front Yard
|
Minimum Each Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
---|
60 to 80
|
2
|
10
|
30
|
80.1 to 100
|
2
|
15
|
40
|
Over 100
|
2
|
20
|
50
|
NOTES:
|
1
|
No single-family residence shall be erected upon a lot having
a width of less than 60 feet except pursuant to variance procedures
as described in this chapter.
|
2
|
In accordance with the front yard requirements set forth in
Schedule 27-II, for the zoning district where the nonconforming lot is
located, except pursuant to variance procedures as described in this
chapter.
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B. Residential
Development on Non-Isolated Nonconforming Lots. In any zoning district,
where a nonconforming lot which is set forth on a subdivision plan
approved by the Monroe County Planning Commission or for which application
had been made to the Township Planning Commission, development shall
be in conformance with the requirements of the zoning district in
which the nonconforming lot was located immediately preceding the
adoption of this chapter including the requirements set forth in the
following schedule.
C. Nonresidential
Development On Nonconforming Lot. In any zoning district where a nonresidential
use is a permitted, special or conditional use and where the owner
of a nonconforming lot does not own an adjoining lot, then a structure
not exceeding two stories in height may be constructed on it, for
a use permitted in the district in which it is located, as shown on
Schedule 27-I, provided that the off-street parking and loading requirements
of this chapter shall be complied with and that the front, side and
rear yards are in keeping with the surrounding area, except that a
side yard of at least 50 feet shall be required whenever such a use
abuts an existing residential use of a residential district.
6. Front
Yard Exception. When an unimproved lot is situated between two improved
lots, each having a principal building within 30 feet of the side
lot line of the unimproved lot, the front yard may be reduced to a
depth equal to that of the greater front yard of the two adjoining
lots; provided, however, that it may not be reduced to below 20 feet
in residential districts and 10 feet in commercial and manufacturing
districts.
7. Projections
into Yards. Projections into required yards shall be permitted as
follows, except that no such projection shall be located closer than
10 feet to any side or rear lot line or 20 feet to any front lot line:
A. Fire
escapes, uncovered stairs and landings, canopies, eaves, or other
architectural features not required for structural support may project
into the required side, front, or rear yard not more than a total
of three feet.
B. Porches
may project into the required rear yard up to 12 feet.
C. Patios
may be located in the required side and rear yards not closer than
10 feet to any adjacent property line, and may project into front
yards up to 15 feet.
8. Irregularly
Shaped Lots. In the case of irregularly shaped lots, the minimum lot
width specified in the district shall be measured at the rear line
of the required front yard; provided, that in no case shall the lot
frontage measured at the street right-of-way line be less than 70%
of the minimum lot width except in the following situations: on culs-de-sac
or courts or street center line curves of less than 300 feet radius
where the lot frontage measured at the street right-of-way line shall
not no less than 40% of the minimum lot width.
Schedule 27-IV
Non-Isolated Nonconforming Lot Schedule
|
---|
Type of Regulation
|
Zoning District
|
---|
R-1
|
R-2
|
R-3
|
S-1
|
---|
Minimum Lot Dimensions
|
|
|
|
|
|
Area for lots having:
|
|
|
|
|
|
Public sewer and water
|
12,000
|
10,000
|
10,000
|
12,000
|
|
Public water
|
15,000
|
15,000
|
15,000
|
12,000
|
|
Neither public sewer nor water
|
20,000
|
20,000
|
20,000
|
20,000
|
|
Width
|
100
|
80
|
70
|
100
|
|
Depth
|
120
|
110
|
100
|
120
|
Minimum Yard Dimensions
|
|
|
|
|
|
Front
|
30
|
30
|
20
|
35
|
|
Rear
|
50
|
40
|
35
|
50
|
|
Each side
|
20
|
15
|
10
|
20
|
Maximum Height of Buildings
|
|
|
|
|
|
Stories
|
2 1/2
|
2 1/2
|
2 1/2
|
2 1/2
|
|
Feet
|
35
|
35
|
35
|
35
|
Maximum Percentage of Lot Coverage
|
20%
|
25%
|
30%
|
20%
|
KEY: The names of the zoning districts noted above are as follows:
|
|
R-1 Low-Density Residential
|
|
R-2 Low-Medium Density Residential
|
|
R-3 Medium-Density Residential
|
|
S-1 Special and Conservation
|
All information in this schedule pertains to single-family dwellings.
|