Part 6 GENERAL REGULATIONS

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.

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.

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.

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.

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:

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.

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.

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.

§ 27-603 Landscaping, Planting and Revegetation Requirements.

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.

Landscaping Responsibility. All landscaping shall be the responsibility of the owner of the lot, including the installation and maintenance of all plant material.

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]

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.

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.

Landscaping Requirements for Off-Street Parking Areas. Requirements are as follows:

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.

Screening Requirements for All Off-Street Parking Areas. Off-street parking areas and parking structures shall be screened as follows:

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.

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:

A berm.

An opaque wall or fence of architecturally suitable style and finish satisfactory to the Board of Supervisors.

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.

§ 27-604 General Performance Standards.

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.

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.

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:

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.

Revegetation when required shall provide a quick germinating fast-growing vegetative cover capable of stabilizing the soil surface from erosion.

Revegetation shall be completed in compliance with the landscape plan submitted for the proposed mining, site alteration, logging and/or other use.

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.

Landscape Maintenance.

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].

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.

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.

Landscaping of Communications Service Facility. Landscaping shall be required for any new communications tower and/or communications equipment building as follows:

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.

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.

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.

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.

Landscaping and Screening Limitations.

Plant and screening materials shall not obstruct clear site distance or triangles.

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.]

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.

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.

Noise Control.

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

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.

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:

The emission of sound for the purpose of alerting persons to the existence of an emergency.

Emergency work to provide electricity, water, or other public utilities when public health or safety are involved.

Domestic power tools, between the hours of 8:00 a.m. and 9:00 p.m.

Explosives and construction operations, between the hours of 8:00 a.m. to 6:00 p.m.

(e)

Agriculture.

(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.

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.

Outdoor Storage Control.

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.

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.

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.

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.

Dust, Dirt, Smoke, Vapors, Gases, Odors, Glare and Heat Control.

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.

§ 27-605 Nonresidential Highway Development.

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.

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.

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.

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]

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:

The design of streets, service drives and pedestrian ways shall provide for safe, convenient and hazard-free internal circulation of goods, persons and vehicle.

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.

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:

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.

The development of parking and loading areas which permit convenient traffic circulation between adjoining parcels.

The development of pedestrian walkways between adjoining parking areas and buildings.

The provision of landscaping and other features which will enhance the usability, character and attractiveness of the area.

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.

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:

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.

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.

§ 27-606 Environmental and Flood Protection Requirements.

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]

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.

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.

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.

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:

Areas Subject to Flooding. Areas subject to flooding shall be subject to Ord. 212, the Stroud Township Floodplain Ordinance [Chapter 8].

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.

Areas with Steep Slopes. Steep slopes are divided into the following two categories and regulated as follows:

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.

Slopes 30% or Greater. Disturbance of steep slopes 30% or greater or removal of woody vegetation on steep slopes 30% or greater is prohibited.

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.

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:

Approved or pending subdivision or land development plans.

Approved or pending conditional use or special exception plans.

Site plan prepared for some other purpose.

USGS Topographic Map.

(e)

Field inspections.

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.

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.

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.

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.

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.

Areas with an Impact upon Wetlands, Lakes, Ponds, or Streams.

Aquatic Buffers. Aquatic buffers shall be provided for subject to the following:

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.

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.

All other wetlands, lakes, ponds, and streams shall be subject to a fifty-foot buffer.

All disturbance and development is prohibited in the aquatic buffer with the exception of the following:

Stormwater conveyance facilities, outlet structures, and associated grading and tree removal.

Sewer lines, water lines, and other public utilities along with associated grading and tree removal.

Walking trails, paths, and other linear recreation facilities, along with grading and tree removal associated with such linear recreational facilities.

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.

Wetlands. No disturbance of a wetland is permitted except for activities waived or permitted under Pennsylvania DEP, 25 Pa. Code, Chapter 105, regulations.

Lakes and Ponds. Lakes and ponds shall be preserved in their natural state.

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.

No disturbance of a lake or pond shall be permitted except for the following:

Activities waived or permitted under Pennsylvania DEP regulations, 25 Pa. Code, Chapter 105.

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.

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.

Streams. Streams shall be preserved in their natural state as common open space. The following special regulations apply to streams:

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.

No disturbance of a stream is permitted except for activities waived or permitted under Pennsylvania DEP regulations.

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.

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.

§ 27-607 Nonconformances.

[Ord. 1998-5, 7/20/1998, § 6.700; as amended by Ord. 2002-7, 9/16/2002, § 6]

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.

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.

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[1] 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]

[1]

Editor's Note: Schedule 27-II is included as an attachment to this chapter.

Nonconforming Uses. Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:

Such alteration, reconstruction, extension, enlargement shall be permitted only by special exception under the provisions of Part 11, § 27-1109, Zoning Hearing Board.

Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming.

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.

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.

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.

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.

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:

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:

Traffic generation and congestion including truck, passenger car, bicycle and pedestrian traffic.

Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.

Storage and waste disposal.