[Ord. 05-01-01, 5/7/2001]
The requirements set forth in this Subpart shall be in addition to any other requirements set forth in this chapter, and shall apply generally to all lots and uses. Where a requirement of this Subpart conflicts with the requirements of another Part herein, or another Township or county ordinance, the more stringent shall apply.
[Ord. 05-01-01, 5/7/2001; as amended by Ord. 9-06-3, 9/14/2006]
1. 
Reduction Below Minimum. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
2. 
Residential Uses Per Lot. There shall not be more than one principal residential building and its accessory structures per lot, except multifamily apartment structures, manufactured housing parks, and similar high-density uses, and otherwise except as specifically excepted herein.
3. 
Minimum Right-of-Way. No building shall hereafter be erected unless there is direct access to the structure through an open space on the same lot or a right-of-way at least 50 feet wide, passable to ordinary and emergency vehicles, extending from the building to a public street.
4. 
Measurement of Minimum Lot Width. The minimum lot width of any lot shall be measured along the front minimum building setback line as required for that district. Lots located on culs-de-sac, turnarounds or curves in the road may have lot widths along the front minimum setback line of less than those required, provided that the average of the widths at the front and back minimum setback lines is equal to or greater than the width that would otherwise be required at the front minimum line. (Measurements should be made around curves, not on chords).
5. 
Calculation of Minimum Lot Area. Minimum lot area requirements herein may be satisfied by using the gross area of a lot, which may include that portion of a lot subject to a public or private right-of-way, that portion of a lot included in required setbacks, that portion of a lot subject to floodplain restrictions, and generally other land which is part of the deeded tract, but may be otherwise restricted.
6. 
Minimum Size of Lots in Two Zoning Districts. When a lot to be subdivided hereunder falls across two or more zoning districts, the following regulations shall apply:
A. 
It is preferred, but not required, that when subdivision of a lot which is situated in two different districts occurs, the new property line fall on the boundary between districts.
B. 
If placing the new property line on the district boundary would entail creating a lot in either district that is smaller than the minimum lot size for the district, the lot line shall be placed so that at least the minimum lot size requirement for the smaller of the two district minimums is met.
7. 
Fire Lanes. In laying out lots hereunder, consideration shall be given to fire lanes, and generally to access of fire and/or emergency vehicles to the lot, and structures (either existing or planned) thereon. The Township may withhold approval of any permit application hereunder if the lot or structures thereon are not accessible to fire and/or other emergency vehicles.
A. 
Should the Township withhold approval of any permit application due to inaccessibility to fire and/or emergency equipment, it shall so state in writing, together with a specific statement of the changes or steps necessary to make the site accessible.
8. 
Lots Served by Common Drive. No more than seven lots or parcels may be served by a private road. All proposed roads and streets must comply with the provisions of the Gregg Township Road and Street Standards Ordinance [Chapter 11, Part 1].
[Ord. 05-01-01, 5/7/2001]
1. 
Projections.
A. 
Cornices, eaves, gutters, steps or chimneys may project into any required yard but not more than 48 inches into the front or side setback.
B. 
Porches and decks shall be considered part of the main building and shall not project into any front or side setback.
C. 
Uncovered patios, driveways, walks, parking areas stairs and other similar structures may project into the front or side setback providing that they are no higher than six inches above yard grade.
2. 
Front Yards.
A. 
Front yard setbacks shall be measured from the center line of the adjoining street or road, unless specified otherwise in Part 3 herein, and shall be located at the distance required by the appropriate district regulations.
B. 
Accessory buildings may not be located in any required front yard.
C. 
When an unimproved lot is situated between two improved lots, and when each of the improved lots has a principal structure which extends into the required front yard, the front yard of such unimproved lot may be the same depth as the average of the two adjacent improved lots.
3. 
Side Yards.
A. 
On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district.
B. 
An accessory building cannot be constructed on any portion of the required side yard.
4. 
Rear Yards.
A. 
An accessory building may be constructed within the required rear yard provided that it is at least 10 feet from a rear property line.
[Ord. 05-01-01, 5/7/2001]
1. 
The purpose of height regulation is to permit the Township to provide fire, rescue and other emergency services. Accordingly, necessary appurtenant structures, such as penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating equipment, or similar equipment required to operate and maintain the building, and firewalls, skylights, towers, steeples, flagpoles, parapets, chimneys, wireless masts or similar structures, and cell towers may be erected above the height limits specified in Part 3. No penthouse or roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for residential use. In addition, water tanks, solar panels, solar collectors and related equipment, utility poles, windmills, or towers may be permitted above the designated height limits.
2. 
Special agricultural or industrial structures such as barns, silos, grain elevators, gas holders, water towers or other similar structures where the function or process requires a greater height, may be erected above the height limits specified in Part 3.
3. 
Part 13 provides for height restrictions in certain defined zones surrounding airport(s), where tall structures may constitute a hazard to air navigation. Where there is a conflict between the height regulations of Part 3, this Subpart and Part 13, the more stringent regulation shall apply. Anything to the contrary notwithstanding, no structure shall be built, repaired, rebuilt or extended beyond the height restrictions set forth in Part 13, for the zones defined in Part 13.
[Ord. 05-01-01, 5/7/2001]
1. 
Two or More Uses in the Same Building. Unless otherwise provided herein, when two or more uses occupy the same building, sufficient parking spaces, yard widths, lot areas, open space etc., shall be provided so that the standards herein pertaining to each will be met in full.
2. 
Fences and Walls. No fence or wall (except a retaining wall or a wall of a structure allowed by this chapter) over eight feet in height shall be erected within any of the yards required by this chapter. No fence or wall shall be erected which may cause danger to traffic on a street or public road by obscuring the view, or which does not comply with Subsection 3 (below). This restriction shall not apply to fences for the enclosure of livestock.
3. 
Obstructions to Vision at Street Intersections. On a corner lot, no man-made obstruction, or shrubs, trees or plantings higher than 30 inches or lower than eight feet above grade shall be allowed within the clear sight triangle. The clear sight triangle shall be that area of unobstructed vision at street intersections formed by lines of sight between points 75 feet from the intersection of the street center lines.
4. 
Outdoor Lighting. All outdoor flood lighting and spot lighting shall be constructed, installed and shielded in such a manner so as not to cause glare on adjacent or other private properties or to impair the vision of passing motorists. The provisions of this section shall not apply to lighting of any sort installed by the Township.
5. 
Presumed Width of Roads. When determining lot or yard sizes or setbacks, the following minimum rights-of-way shall apply:
A. 
All roads with a right-of-way of less than 50 feet shall be considered to be 50 feet wide.
6. 
Stripping of Topsoil. Stripping of topsoil shall be governed by 25 Pa. Code, Chapter 77, Non-Coal Mining. Failure to abide by any applicable county, state or other rule or regulation shall be considered a violation of this chapter, and may be prosecuted as such by the Township Supervisors, independent of steps taken by any other agency.
7. 
Sewage and Water Facilities.
A. 
Adequate sewage and water facilities must be provided by the developer, which shall include a supply of water adequate for fire protection. Disposal shall be by on-site (or suitable off-site) disposal system, approved by the Township's SEO and the Department of Environmental Protection. Bonds or other financial arrangements to insure proper maintenance and operation of the water and/or sewage system may be required by the Board of Supervisors before issuance of either a conditional use permit or a zoning permit. In addition, the construction and maintenance of test wells, or other means of testing the efficient leaving the site may be required as a condition of issuance of either permit.
B. 
In all cases under this chapter, the reservation of a back-up area on-site, large enough and suitably situated, to permit construction of an on-site sewage system capable of treating the efficient created by the proposed use shall be required as a condition of plan approval. This condition may be applied to any application, either for a zoning permit or for a conditional use permit, regardless of the nature of the proposed system and its location (either on-site or off-site). The site need only be reserved at the time of plan submission and construction. Other uses, compatible with in-ground sewage disposal, (i.e., recreational areas such as parks and ballfields, and agricultural uses) may be located on the same site.
C. 
Water must be obtained from wells located on-site, unless arrangements are made by the developer to obtain water from a well on adjacent land, or from some other source. In the event water is to be obtained from some source not on-site, the plans for obtaining said water shall be submitted for review to the Township's Engineer to ensure that the source will be adequate for the projected use, and to the Township's Solicitor, to ensure that the necessary instruments are properly drawn to ensure a continuing supply.
D. 
Appropriate permits from state and county agencies regarding sewage and water facility installations must be presented with the application for a conditional use. No conditional use permit may be issued unless all appropriate ordinances have been satisfied.
8. 
Fill. When material is being brought into a site as fill for construction, grading or landscaping purposes, the following limitations shall apply:
A. 
No decaying animal or vegetable matter, paper waste, trash, refuse, garbage, scrap metal or lumber, stumps, roots, large branches, dead leaves, ash, or trees may be used as fill.
B. 
Fill shall consist of clean rock, stone, crushed stone, gravel, earth and the like. Already decayed vegetable matter, such as mulch or peat, may be used to enrich the topsoil.
9. 
Solid Waste.
A. 
All solid waste generated by any use in the Township must be removed to an approved landfill or other approved facility. Failure to have solid waste removed to an approved landfill, as evidenced by the finding of identifiable waste at any other location, shall be considered a prima facie violation of this chapter.
B. 
It shall be the responsibility of the individual creating or generating the waste to ascertain that the waste is being removed to an approved landfill or similar facility. Both the individual creating or generating the waste and the company or individual doing the hauling or removing may be held liable for violations hereunder. It shall not be a defense to a charge of violating this chapter that the individual creating or generating the waste thought, or was assured, that the waste was going to an approved landfill or similar facility.
C. 
Municipal or residual waste that is generated in the diagnosis, treatment, immunization or autopsy of human beings or animals, in research pertaining thereto, in the preparation of human or animal remains for interment or cremation or in the production or testing of biologicals and which falls under one or more of the following categories: cultures and stocks, pathological wastes, human blood and fluid wastes, animal wastes, isolation wastes and used sharps shall be subject to Pennsylvania DEP's regulations related to infectious chemotherapeutic waste and proof of compliance shall be made by the applicant to the Township.
10. 
Sinkholes.
A. 
Waste Water. No untreated wastewater from any sewage system, or commercial or industrial operation may be discharged into a sinkhole at any time. Nothing may be dumped into or onto a sinkhole.
B. 
Plan Submission. When wastewater discharge into, or within 200 feet of, a sinkhole is contemplated by any applicant for either a zoning permit or a conditional use permit hereunder, the applicant must submit plans for a treatment system to the Zoning Officer, who shall in turn forward the plan to the Township SEO for review and comment, unless submission of plans to the Department of Environmental Protection is otherwise required. The plan submitted must adequately meet the criteria set forth herein.
C. 
Criteria for Waste Water Discharge. As wastewater discharged into or adjacent to a sinkhole may enter the water table at the level from which drinking water is drawn without appreciable mixing, dilution, or filtering, the Township may, after consultation with its Engineer and when appropriate, may set standards for the discharged water, and enforce the same.
D. 
Systems to Be Registered and Inspected. All wastewater treatment systems that are either located, or that discharge, within 200 feet of a sinkhole shall be registered by the Zoning Officer. Such systems shall be inspected by the Township SEO as directed by the Township Supervisors, but in any case, not less than once every three years, to ensure that they are working properly.
E. 
Runoff.
(1) 
Man-made runoff from lands adjacent to sinkholes shall, to the greatest extent possible, be channeled away from sinkholes. Runoff from areas with high concentrations of pollutants, such as parking lots, must at the minimum pass through a buffer strip of grass or other suitable vegetation before being allowed to enter the sinkhole.
(2) 
Buffer strips, grading, and other appropriate techniques shall be employed whenever possible to keep runoff out of sinkholes. The size and nature of said buffer strips or other techniques shall be reviewed and approved by the Township Engineer.
F. 
Stormwater Management Plan. The Zoning Officer may require the preparation and submission of a stormwater management plan (when not otherwise required hereunder) when, in his discretion, preparation of a plan is warranted by the conditions on the site.
G. 
Construction. No structure or building shall be built over a sinkhole.
11. 
Costs of Professional Services. The reasonable costs of the Township Engineer, SEO and Solicitor which are associated with review of any application or matter under this chapter may be assessed against the applicant and/or developer by the Township Supervisors.
12. 
Setback from Streams and Bodies of Water. In addition, no structure shall be located nearer that 50 feet to any stream or body of water.