[Ord. No. 2015-03, 6/3/2015]
It is the intent of these supplementary regulations to establish additional specific requirements for all principal permitted uses, permitted as special exception uses, accessory uses and temporary uses listed in the zoning districts and overlay zones, Parts 4 through 12 of this chapter. These supplementary regulations are in addition to the requirements of Part 13, Critical Environmental Areas and Wellhead Protection; General Provisions, Part 15; Off-Street Parking and Loading, Part 16; Part 18, Administration, certificate of use and occupancy; the Shrewsbury Township Sign Ordinance;[1] and all other applicable Township regulations and ordinances,
as well as any other local state and federal regulations and statutes.
If the zoning district or any other regulations found in this chapter
are determined to be in conflict with the following, the most restrictive
regulations shall be applied, unless otherwise stated.
[Ord. No. 2015-03, 6/3/2015]
3.
All uses that are required to provide, or proposing to provide, outdoor lighting shall be subject to provisions in § 27-1515 of this chapter.
4.
Unless otherwise specified in this Part, all uses shall provide sufficient buffering and screening between residential uses/zoning districts and nonresidential uses/zoning districts shall be provided. All screening and buffering shall conform to § 27-1506 of this chapter, the Shrewsbury Township Subdivision and Land Development Ordinance, and the Shrewsbury Township Construction and Materials Specifications manual, in addition to any specific requirements of this Part. The width of buffer yards specified in § 27-1404, herein, shall take precedence.
[Amended by Ord. No. 2023-05, 11/1/2023]
5.
Any outdoor storage areas shall be enclosed by a wall or fence and
screened from view of adjoining properties. No materials may be stored
to create a public health hazard or a public nuisance. No toxic or
hazardous materials may be stored on any property, except in compliance
with applicable state and federal regulations.
6.
All uses that will generate a medium or higher volume of traffic,
i.e., in excess of 750 vehicle trips per day, access shall be via
a street or roadway that meets the standards for collector or arterial
roadways as designated by the Township's Comprehensive Plan.
[Amended by Ord. No. 2023-05, 11/1/2023]
7.
For nonresidential primary uses with ancillary accessory uses, all
entrances to parts of the building in which accessory services are
provided shall be from within the building and any direct access from
the street is prohibited. The hours during which these services are
provided shall be the same as those of the principal use.
[Ord. No. 2015-03, 6/3/2015]
A temporary permit may be issued for structures or uses that
are accessory during construction or other special circumstances of
a nonrecurring nature, subject to the following additional provisions:
1.
Nonconforming Uses and Structures.
A.
Temporary nonconforming uses shall be subject to authorization by
the Zoning Hearing Board as a special exception when deemed necessary
to protect the public health or welfare, and to promote the proper
development of the Township.
B.
Such structure or use shall be removed completely upon expiration
of the permit without cost to the Township.
C.
The life of such permit shall not exceed one year, unless authorized
by the Zoning Hearing Board.
2.
Nonprofit and Construction Uses and Structures.
A.
Customary, routine and accessory short-term special events shall
be eligible to receive approval from the Zoning Officer for commercial-type
activities where a use would not otherwise be permitted. Only established
nonprofit organizations or a permitted place of worship shall be eligible.
The temporary use must serve a charitable, public service or religious
purpose, and shall be subject to authorization by the Zoning Officer;
B.
Temporary storage and office trailers that are necessary to serve
on-site construction, while such construction is actively underway;
C.
Such other activities that the applicant proves are routine, customary
and temporary.
D.
The Zoning Officer shall state a reasonable maximum time period on
the temporary permit for a maximum of 12 months. If no time limit
is stated, then a six-month maximum period shall apply. A temporary
permit may be renewed at discretion of the Zoning Officer.
[Ord. No. 2015-03, 6/3/2015]
In addition to the general provisions for uses within a particular zoning district established in Parts 4 through 12, and the additional general provisions for uses established in the previous sections of Part 14 and elsewhere in the chapter, these specific use standards set forth the specific standards that shall be applied to each use identified herein. These specific use standards must be satisfied prior to approval of any application for a certificate of use and occupancy permit, special exception. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.
There shall be permitted only one accessory dwelling unit for
each principal permitted single-family detached dwelling by a recordable
agreement supplied by the Township.
There must be a genuine medical hardship involved which requires
that the occupant(s) of the accessory dwelling unit live in close
proximity to the principal dwelling in order to provide/receive personal
care to/from one or more occupants of the principal dwelling unit.
[Amended by Ord. No. 2020-01, 8/5/2020]
The accessory dwelling unit shall be clearly subordinate and
incidental to the principal dwelling unit and shall be temporary in
nature to meet the needs of the medical hardship. The occupancy of
the accessory dwelling unit must cease within 90 days following the
cessation of occupancy of the principal or accessory dwelling unit
by a person with a medical hardship.
[Amended by Ord. No. 2020-01, 8/5/2020]
All accessory dwelling units shall be subject to the following:
The ADU shall be located on the same parcel as the principal
single-family dwelling.
If the ADU is within a separate building, such building shall
require a separate on-lot septic system or connection to a public
sewer and a well or connection to public water. This requirement does
not apply to an ADU within or attached to the principal dwelling.
Parking shall be provided in accordance with Part 16, Off-Street Parking and Loading, of this chapter.
[Amended by Ord. No. 2020-01, 8/5/2020]
A written statement identifying the person or persons occupying
the accessory dwelling unit shall be filed with the Township.
There shall be permitted as a clearly subordinate and incidental
accessory use one accessory farm dwelling for each principal permitted
agricultural use by a recordable agreement supplied by the Township.
An accessory farm dwelling shall only be permitted in the Agricultural
District.
All accessory farm dwellings shall be located on the same parcel
as the principal single-family dwelling.
A written statement identifying the person or persons occupying
the accessory farm dwelling shall be filed with the Township.
Shall require the use of one development right for each and
every accessory farm dwelling.
[Amended by Ord. No. 2020-01, 8/5/2020; Ord. No. 2023-02, 3/1/2023]
Purpose. An active adult development is intended to provide
housing and related private recreational facilities for persons primarily
age 55 and older; and, to recognize that compared to housing that
is not age-restricted, the average household of persons aged 55 and
older without minor children does not create burdens upon the public
school system.
All dwelling types shall be allowed within an active adult development.
A minimum of 30% of the total dwelling units shall be single-family
detached dwellings.
A maximum of 20% of the total dwelling units shall be townhouses.
To ensure compatibility, only single-family detached dwelling
units shall be allowed within 50 feet from an existing single-family
detached dwelling.
An active adult development shall require the ownership association
(i.e., condominium ownership or similar form of ownership pursuant
to the Pennsylvania Uniform Planned Community Act. 68 Pa. C.S.A. § 5101
et seq., as amended) to maintain commonly owned areas, private streets
and other common facilities. All residents of the development shall
be required to pay necessary fees to the ownership association, with
a proper enforcement mechanism as provided by state law.
Streets and Sidewalks.
All internal streets shall be privately owned and maintained
with a minimum cartway width of 24 feet.
Curbs shall be required. Sidewalks shall be required on both
sides of all internal streets.
Curb and sidewalk shall be required along existing public streets
adjacent to the active adult development.
Each dwelling unit shall be owned as a unit within a condominium,
or planned community pursuant to the Pennsylvania Uniform Planned
Community Act, 68 Pa. C.S.A. § 5101 et seq., as amended,
without individual lot lines.
Each dwelling unit shall be served by public or community water
and sewage services.
Perimeter planting and screening shall be in accordance with
the Shrewsbury Township Subdivision and Development Ordinance, and
Construction Materials and Specifications Manual. This planting area
shall be maintained by the ownership association.
The development may include perimeter commercial uses intended
to serve the inhabitants of the active adult development.
Each dwelling unit in an active adult development shall be limited
by deed restriction, by condition of subdivision and land development
approval, and by any lease to occupancy by at least one-person age
55 or older and to prohibit occupancy by anyone under the age of 19.
Each dwelling unit shall have a minimum setback of 40 feet from
the ultimate/future right-of-way of any public street and 20 feet
from the edge of cartway of any private street. The following minimum
separation distances shall apply between the walls of buildings:
Dwelling units shall not be allowed to have detached accessory
buildings or private household swimming pools.
Recreation facilities; sidewalks; nonmotorized trails.
Recreation facilities, if any, shall be privately owned by and
privately maintained by the ownership association and shall not be
dedicated to the Township.
Sidewalks shall be all-weather, at least five feet wide, and
be maintained by the ownership association.
Nonmotorized trails, if any, shall be laid out before building
construction begins.
All driveways from dwellings shall enter onto an internal street
or off-street parking area within the development. No new driveway
for a dwelling shall enter directly onto an existing public street.
Parking shall be provided in accordance with Part 16, Off-Street Parking and Loading, of this chapter. Notwithstanding any other provision to the contrary, the minimum dimensions for a parking space shall be nine feet wide by 18 feet deep
Supervisory personnel, as required by federal or state regulations,
shall be on the premises at all times.
There shall be at least one off-street parking space for each
employee plus three spaces for a drop-off area.
No newly constructed building shall be located closer than 50
feet to any lot line.
The Sewage Enforcement Officer shall submit a report confirming
the adequacy of the proposed sewage facilities, except where connected
to public service.
Approval shall be conditional upon an inspection and report
by the UCC Code Official.
Documentation that the facility has received approval for occupancy
from the Pennsylvania Department of Welfare and/or the Department
of Labor and Industry, where required.
Adult-oriented facilities shall not be located within 1,000
feet of any other adult-oriented facility.
Adult-oriented facilities shall not be permitted to be located
within 1,000 feet of any public or private school, day-care facility,
public recreational facility, or house of worship.
No materials, merchandise, film, or service offered for sale,
rent, lease, loan, or for view, involving nudity shall be exhibited,
displayed, or graphically represented outside of a building or structure.
Any building or structure used and occupied as an adult-oriented
facility will be windowless or have an opaque covering over all windows
or doors of any area in which materials, merchandise, film, service,
or entertainment are exhibited or displayed and no sale materials,
merchandize, film, or offered items of service or entertainment shall
be visible from outside the structure.
No sign shall be erected upon the premises depicting or giving
a visual representation of the type of materials, merchandise, film,
service, or entertainment offered therein.
Each and every entrance to the structure shall be posted with
a notice of at least four square feet that the use is an adult-oriented
facility; that persons under the age of 18 are not permitted to enter;
and warning all others that they may be offended upon entry.
Parking shall be established at the minimum ratio of one parking
space for each 100 square feet of gross floor area and one parking
space for each employee.
The following activities shall not be permitted within or on
the grounds of any adult-oriented facility: sexual intercourse, deviate
sexual intercourse as defined by the Pennsylvania Crimes Code, fondling
the genitals, or nudity.
Agriculture, as defined in Part 2, is permitted on lots of
less than five acres except that livestock are prohibited from lots
less than three acres in size. On lots between three and 10 acres
in size, one acre of land devoted exclusively and continually available
to livestock are required for each animal equivalent unit. In the
Agricultural District, on lots less than three acres, a maximum of
10 chickens are permitted. The chickens can only be hens; roosters
are prohibited.
The approach zone to any of the proposed runway landing strips
shall be in accordance with the regulations of applicable federal
and/or state agencies.
There shall be no existing flight obstructions such as towers,
chimneys, or other tall structures or natural obstructions outside
of the airport and located within the proposed approach zones.
Any building, hangar or structure shall be located a sufficient
distance away from the landing strip in accordance with the recommendations
of applicable federal and/or state agencies.
Building heights in airport approach zones shall be limited
to provide a clear glide path from the end of the usable landing strip.
The glide path shall be a plane surface laid out in accordance with
the operating characteristics of the aircraft for which the airport
is designed. The first 500 feet of the glide path shall be wholly
within the airport property.
The facility must be permitted under applicable FAA regulations.
[Amended
by Ord. No. 2022-01, 3/2/2022]
All accessory alternative energy systems shall be designed for
private use.
Wind energy system (including windmills):
No wind energy system shall be located on a parcel less than
20,000 square feet.
All windmills, except single pole structures, shall be enclosed by a fence in compliance with § 27-1507 of this chapter. Such fence shall be located at least five feet from the base of such windmill. Guy wires may be located outside the fenced area.
No windmill for private use shall be greater than 100 kWh.
No windmill for private use shall be greater than 50 feet in
height.
No windmill shall be permitted which is designed to have any
vane, sail or rotor blade to pass within 20 feet of the ground.
All electrical wiring leading from a windmill shall be located
underground.
Windmills may be located within the required rear or side setbacks
provided they are no closer than 1.5 times their height from the nearest
occupied building not located on the same parcel as the windmill.
The vibration control standards of § 27-1512 of this chapter shall be complied with.
No more than 49% of the energy produced by the private-use alternative
energy system shall be transmitted to the public power grid.
See "Racetrack."
Exterior lighting, other than that essential for the safety
and convenience of patrons, shall be prohibited. Any permitted exterior
lighting shall be shielded from the view of all surrounding streets
and lots.
The Township Zoning Officer must approve the use of outdoor
public address systems for any purpose before use or installation.
All motor vehicles, automotive parts, refuse, and similar articles
shall be stored within an enclosed building or enclosed area not visible
from a public right-of-way, excepting a dealership or repair facility
may store motor vehicles in operating condition and meeting Pennsylvania
inspection requirements outside of a building. Nonoperating vehicles
may be used for a temporary display.
No inoperable motor vehicles will be stored outside for periods
in excess of 15 days, except that vehicles having three or more axles
may be stored for up to 60 days, except for display purposes.
Pumps, lubricating and other dispensing devices must be located
at least 25 feet from any street line.
Liquid waste products shall be disposed in a manner permitted
by state law. Fluids shall be drained only on a Township-approved
concrete drainage pad with appropriate catch basins and storage tanks.
Documentation of a contract with a licensed waste disposal service
shall be required prior to the issuance of a permit.
The repair or replacement of automotive structural parts, including
paint spraying and body and fender work, must take place within an
approved, fully enclosed building.
The bed-and-breakfast shall be operated only by members of the
immediate family residing therein.
A maximum of two nonresident employees.
Provide only short-term overnight lodging. Maximum guest stays
shall be limited to seven days in a calendar month, excepting longer
stays not exceeding 90 days may occur where the occupant(s) are in
transit, or in local temporary employment.
The character or external appearance of the dwelling unit must
be consistent with the surrounding dwellings.
Automobile trailers, cabins, travel trailers, motor homes, tents
or campers approved for location on the premises shall not be closer
than 100 feet from any property line.
Automobile trailers, cabins, travel trailers, motor homes, tents
or campers approved for location on the premises shall not be utilized
as a permanent place of abode, or as a permanent dwelling. Automobile
trailers, travel trailers, motor homes, campers, or tents must be
removed from the camp site during the period December 1 to March 1.
A service building suitable for housing toilets, showers, and
laundry facilities shall be erected at a distance not greater than
200 feet from any cabin, tent site, trailer site, or camper site which
it is designed to serve, and shall provide the following:
Separate toilet rooms with flush toilets for each sex, in the
ratio of one men's toilet and one ladies' toilet for each eight cabins,
trailer sites, tent sites, or camper sites, or fractions thereof.
Lavatories with hot and cold water in the ratio of one lavatory
to every two or less toilet rooms.
Separate bathing facilities for each sex with one shower enclosed
in a compartment at least four feet square for each eight cabins,
tent sites, camper sites, or trailer sites, or fraction thereof. Individual
dressing compartments of at least 12 feet square shall supplement
each shower compartment.
Floors of toilets, showers, and the laundry shall be of concrete,
tile or similar material impervious to water and easily cleaned and
pitched to a floor drain.
All waste from showers, toilets, laundries, faucets, and lavatories
shall drain into a DEP-approved sewage disposal system, and meet all
UCC requirements.
An on-site office for the person in charge of the camp or campground
shall be occupied at all times the camp facility is occupied or is
opened to the public for occupancy.
Each cabin, campsite, trailer site, or camper site shall be
accessible to a roadway or driveway having an improved cartway at
least 20 feet in width and improved with a six-inch stone base, and
there shall be a roadway with an improved cartway of at least 28 feet
in width improved by an eight-inch stone base leading from a public
road to the campsite, except that in the case of one-way streets,
the required minimum width of the improved cartway shall be 14 feet.
The application for a special exception shall be accompanied
by such plans as will enable the Zoning Hearing Board to insure that
the above requirements will be satisfied and proof of the DEP approval
of the proposed sewage disposal system and proof that the proposed
water supply is sufficient to meet the water supply needs of the proposed
camp or campground.
All recreational vehicles shall be provided with a bituminous,
stone, or concrete pad on which to place the vehicle.
All minimum setback requirements along exterior lot lines shall
be met.
No vehicle pad shall be located less than 30 feet from any vehicle
stand, building, accessway or parking area (other than that provided
for the subject recreational vehicle and two motor vehicles).
A camp, campground, or retreat hereafter established within 300 feet of an existing residence shall be buffered and screened in accordance with § 27-1506 of this chapter.
This use shall comply with all dimensional and density regulations pertaining to single-family detached dwellings in § 27-803 of this chapter, and shall be clearly incidental to the facility to be cared for or watched, or shall comply with "accessory dwelling unit" in this section, and § 27-1510, Habitable floor area.
[Amended by Ord. No. 2017-07, 12/6/2017]
All burial plots except in an existing cemetery must be at least
200 feet from any well except a well owned by the owner must be at
least 100 feet. All burial plots must be at least 200 feet from any
dwelling.
All grave markers except in a cemetery in existence on September
1, 2017, must be so located as to achieve compliance with all setback
and yard requirements of the district where located.
There must be a recorded agreement between the property owner
and the Township providing permanent maintenance of the cemetery by
the cemetery owner.
No burial plots or facilities are permitted on lands subject
to flooding or classified as wetlands or other critical environmental
areas as defined and delineated by this chapter.
Pet cemeteries must meet all of the above applicable requirements.
All human burials must be under the supervision of a mortician
licensed in Pennsylvania and comply with all state regulations.
Prior to issuance of a use certificate permitting use as a cemetery,
a ten-foot-deep probe shall be provided to enable the Township Sewage
Enforcement Officer to inspect to ensure all burials will be above
the water table.
Where stones or monuments are visible from nearby dwellings
in existence on September 1, 2017, the owner of the cemetery shall
plant and maintain a buffer to reduce such visibility by a minimum
of 75% [see § 22-710(2)(C) of the Township Subdivision and
Land Development Ordinance].
The location of the child day-care center must meet all of the
requirements of this chapter regarding the location of buildings.
In the event the facility requires certifications and/or licenses
from federal and/or state agencies to permit its operation, the applicant
must establish that he has secured or will be able to secure such
certifications and licenses.
The facility must provide approval for occupancy by the appropriate
federal or state agency.
All fenced play areas must comply with federal or state regulations.
No portion of a residence may be used as a child day-care center
and no portion of a child day-care center may be used as a residence.
There must be one parking space for each employee of the center,
plus three additional spaces for a drop-off area.
The Township's Sewage Enforcement Officer shall submit a report
certifying the adequacy of the existing or proposed septic system,
or proof of a sewer EDU.
Approval shall be conditional upon an inspection and report
by the UCC Code Official.
If in the Agricultural District, all towers and facilities associated with this use must be located in compliance with Part 4 of this chapter.
If in the Agricultural District, the access to the facilities must be over an existing roadway or through land unsuitable for agricultural use as defined in Part 2 of this chapter.
Communications facilities, towers and any related construction
must be removed within one year after cessation of use.
The applicant shall post sufficient security by performance
bond or letter of credit to guarantee compliance with all aspects
of the removal, in an amount to be determined by the Zoning Hearing
Board.
Any tower or towers to be constructed must accommodate other
users including public users if so required by the Township.
The applicant must demonstrate that the proposed tower or towers
are necessary in order to reasonably create needed communication service
and that the proposed service, if needed, cannot be reasonably located
on existing towers.
The applicant must demonstrate that the proposed antenna cannot
be reasonably located on existing structures. If the antenna is not
to be located on existing structures, the tower must be placed so
that the tract can be landscaped to provide adequate screening of
the communications equipment building from adjacent land. In any case,
the applicant must certify that the antenna will not exceed the structure's
load capacity.
The lot to be purchased or leased for the use must not be larger
than reasonably necessary to accommodate the facilities to be located
thereon.
The tower location must be such that if such tower should fall
it will not fall onto property other than that of the applicant or
the grantor or lessor of the lands where the proposed tower or towers
will be located, except with written agreement of neighboring property
owner(s).
The proposed tower or towers must be at least the height of
the tower plus 50 feet away from any dwelling other than a dwelling
owned by the lessor or grantor of the lands where the proposed tower
or towers will be located.
No public business office or any storage yard or storage building
shall be operated in connection with such use.
All towers must be freestanding and without guide wires, unless
such guide wires are tethered inside the tower's enclosure.
Towers shall not be equipped with lights, except as required
by the Federal Aviation Administration or other applicable federal
and state agencies; the top of the tower shall not exceed 190 feet
in altitude above ground level and shall not have advertising, attached
signs, or be painted in high visibility colors or patterns.
The applicant shall be required to provide a security fence
and a gate with a lock of at least eight feet in height to prevent
unauthorized access to the compound.
Approval and recording of a subdivision or land development
plan, where applicable, shall be required for a parcel on which a
communications tower or facility is to be constructed.
Any communications equipment building shall be subject to the
height and setback requirements of the applicable zoning district
for an accessory building.
All community treatment facilities shall be for out-patient
use only.
No community treatment facility shall be established or operated
within 500 feet of an existing school, public playground, public park,
residential housing area, child-care facility, church, meetinghouse
or other actual place of regularly stated religious worship established
prior to the proposed community treatment facility.
Methadone treatment facilities.
Notwithstanding any other provision of law to the contrary and
except as provided in Subsection 3.B, a methadone treatment facility
shall not be established or operated within 500 feet of an existing
school, public playground, public park, residential housing area,
child-care facility, church, meetinghouse or other actual place of
regularly stated religious worship established prior to the proposed
methadone treatment facility.
The provisions of this subsection shall apply whether or not
an occupancy permit or certificate of use has been issued to the owner
or operator of a methadone treatment facility for a location that
is within 500 feet of an existing school, public playground, public
park, residential housing area, child-care facility, church, meetinghouse
or other actual place of regularly stated religious worship established
prior to the proposed methadone treatment facility.
Notwithstanding Subsection 3.A. and 3.B, a methadone treatment
facility may be established and operated closer than 500 feet of an
existing school, public playground, public park, residential housing
area, child-care facility, church, meetinghouse or other actual place
of regularly stated religious worship established prior to the proposed
methadone treatment facility if, by majority vote, the governing body
for the municipality in which the proposed methadone treatment facility
is to be located votes in favor of the issuance of an occupancy permit
or certificate of use for said facility at such a location. At least
14 days prior to the governing body of a municipality voting on whether
to approve the issuance of an occupancy permit or certificate of use
for a methadone treatment facility at a location that is closer than
500 feet of an existing school, public playground, public park, residential
housing area, child-care facility, church, meetinghouse or other actual
place of regularly stated religious worship established prior to the
proposed methadone treatment facility, one or more public hearings
regarding the proposed methadone treatment facility location shall
be held within the municipality following public notice. All owners
of real property located within 500 feet of the proposed location
shall be provided written notice of said public hearings at least
30 days prior to said public hearings occurring.
This section shall not apply to a methadone treatment facility
that is licensed by the Department of Health prior to May 15, 1999.
As used in this section, the term "methadone treatment facility"
shall mean a facility licensed by the Department of Health to use
the drug methadone in the treatment, maintenance or detoxification
of persons.
All composting facilities shall be located a minimum of 100
feet from any property line abutting a nonresidential use or zoning
district. It shall be located a minimum of 200 feet from any property
line abutting a residential use or zoning district.
All batch plants (permanent or temporary) shall have an effective
dust collection system.
The use of wheel washers or other means of cleaning trucks/vehicles
before entering public streets shall be required.
Batch plants shall have a Township-approved sediment pond before
wash out water is discharged into any waterway.
The environmental requirements of Part 15 of this chapter must be complied with.
Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties, and conform to § 27-1515 of this chapter.
Outdoor lighting shall comply with § 27-1515.
Screening, buffering and landscaping shall be in compliance
with all Shrewsbury Township regulations.
All drive-through facilities shall comply with the following:
The drive-through lane or canopy shall only be located in side
or rear areas.
No drive-through lane or canopy shall be situated less than
two feet from any lot line or within 20 feet of the street right-of-way.
No canopy shall be less than eight feet six inches above grade.
All signage shall be in compliance with the Township's Sign
Ordinance[1] and landscaping requirements in the Subdivision and Land
Development Ordinance.
[Amended by Ord. No. 2020-01, 8/5/2020]
If a convenience store serves prepared food that is to be consumed
on site, it shall comply with the provisions for a fast food restaurant.
Fuel pumps shall be set back at least 25 feet from any street
right-of-way or 50 feet from the street centerline, whichever is greater,
and 30 feet from all parking areas.
One conversion apartment shall be permitted per single-family
dwelling.
The lot area per dwelling unit shall not be reduced to less
than 7,500 square feet if public water and public sewer is provided;
20,000 square feet if either public water or public sewer is provided;
or 40,000 square feet if neither public water nor public sewer is
provided. One EDU is required per unit.
The setback, building area, and other applicable requirements
for the district shall not be reduced thereby.
The minimum habitable floor area is provided for each unit as required in § 27-1510 of this chapter.
No structural alteration of the building exterior shall be made
except as may be necessary for purposes of safety. Fire escapes, where
required by other regulatory statutes, shall be in the rear of the
building and shall not be located on any wall facing a street.
One additional off-street parking space shall be provided for
the conversion apartment.
The use must comply with all applicable federal, state, and
local statutes or ordinances and acquire all mandated permits and
licenses.
The environmental regulations of Part 15 of this chapter must be complied with.
The unit must be installed consistent with the manufacturer's
specifications and requirements.
The unit must be located so as not to create a fire hazard,
be in a well-ventilated area, and be secured when not in use.
The building must be located at least 300 feet from any adjoining
property line.
If dead animals are cremated in the unit, all carcasses must
be disposed of within 24 hours of arriving at the applicant's property,
unless such carcasses are frozen.
Access shall be via a street or roadway that meets the standards
for collector or arterial roadways as designated by the Township's
Comprehensive Plan.
A buffer yard 25 feet wide must be located on the site in all
instances where the site adjoins a residential use or zone. The buffer
yard shall be naturally landscaped, have no impervious cover, and
shall not be used for building, parking, loading, or storage.
Are permitted in every zone in Shrewsbury Township as an
accessory use, provided such facilities have been approved pursuant
to the provisions of the Township Subdivision and Land Development
Ordinance[2] and have been maintained consistent with such requirements.
Every effort shall be made to create aesthetically pleasing basins
compatible with the ecosystem and effective in their function.
A type of group living arrangement as defined by the Pennsylvania
Department of Public Welfare.
A building or structure designed for living quarters for one
or more families.
The facility shall provide twenty-four-hour supervised, protective
living arrangements, including meals.
For the purpose of this chapter, not more than three persons
18 years of age and above who are disabled physically, mentally, emotionally
or as a result of old age and are unrelated to the family providing
the care shall reside in a domiciliary care facility.
The facility shall be located in a residential setting.
The facility shall be certified by the Pennsylvania Department
of Public Welfare.
All drive-through facilities shall comply with the following:
The drive-through lane or canopy shall only be located in side
yard or rear yard areas.
No drive-through lane or canopy shall be situated less than
two feet from any lot line or located within 20 feet of the street
right-of-way.
All drive-through facilities shall comply with Part 16 of this chapter with regards to vehicle stacking.
No canopy shall be less than eight feet six inches above grade.
All signage except clearance or directional signs are prohibited
from canopies.
[Amended
by Ord. No. 2022-01, 3/2/2022]
Includes collection system and "wind collection system" as provided
for in this section.
This use shall not apply to any existing or proposed building,
or extension thereof, used or to be used by a public utility corporation,
if, upon petition of the corporation, the Pennsylvania Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public.
Screening and buffering, sufficient to screen the use from any
location in a residential district and from any existing dwelling
in any district, shall be provided in accordance with the Township's
Subdivision and Land Development Ordinance.[3]
A permit shall be required for every solar collection system
installed at any location in the Township and intended to supply electricity
other than for the needs of the principal use on that lot.
All ancillary uses to the solar collection system (including
a business office, maintenance depot, etc., greater than 1,000 square
feet) are prohibited, unless otherwise permitted in the zoning district
in which the solar collection system is located. This shall not prohibit
the installation as accessory structures of equipment containers not
intended for human occupancy to house only equipment necessary for
the operation of the solar collection system.
A solar collection system shall be permitted on a property with
an existing use subject to the following standards:
The minimum lot area, minimum setbacks and maximum height required
by this chapter for the zoning district in which the solar collection
system is located shall apply.
The vehicular access to the equipment building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
The applicant shall present documentation that the owner of
the property has granted an easement or other legal interest for the
land for the proposed collection system and that vehicular access
is provided to the facility collection system.
Standards:
If the parcel on which the solar collection system is a separate
and distinct parcel [sic], the zoning district minimum lot size shall
apply, and in all cases, the lot shall be of such size that all required
setbacks are satisfied. No solar collection system shall be located
closer to any property line than its height plus the normal setback
for the district. The setback for equipment containers, other accessory
structures and safety items shall be a minimum of 30 feet.
If the land on which the solar collection system is leased,
or is used by license or easement [sic], the setback for any solar
collection system, the support structure, equipment containers, other
accessory structures, and guy wire anchors shall be a minimum of 30
feet from the line of lease, license or easement. No solar collection
system shall be located closer to any property line (not lease, license
or easement line) than its height plus the normal setback for the
district.
No solar collection system shall be located less than 100 feet
from any principal residential structure existing prior to the erection
of the solar collection system.
A fence in compliance with § 27-1507 shall be required around the solar collection system and other equipment.
Landscaping, buffering, and screening in compliance with § 27-1506 of this chapter and the Township's Subdivision and Land Development Ordinance[4] shall be required to screen as much of the solar collection
system ground features as possible, the fence surrounding the support
structure, and any other ground level features (such as a building),
and in general buffer the solar collection system ground features
from neighboring properties. The Township may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if the same achieves the same degree
of screening as the required landscaping.
The applicant must demonstrate that it has obtained the required
licenses from governing state and federal agencies. The applicant
shall also document compliance with all applicable state and federal
regulations. The applicant shall submit the name, address and emergency
telephone number for the operator of the solar collection system.
Access to the solar collection system shall be provided by means
of a public street or easement to a public street. The easement shall
be a minimum of 20 feet in width and shall be improved to a width
of at least 10 feet with a dust-free, all-weather surface for its
entire length. If the solar collection system site is fully automated,
adequate parking shall be required for maintenance workers. If the
site is not automated, the number of required parking spaces shall
equal the number of people on the largest shift.
Should any solar collection system cease to be used, for a period
of one year, the solar collection system will be considered to be
abandoned. The owner or operator or then owner of the land on which
the solar collection system is located, shall be required to remove
the same within one year from the abandonment of use. Failure to do
so shall authorize the Township to remove the collection system and
assess the cost of removal to the foregoing parties. The Township
may also file a municipal lien against the land to recover the costs
of removal and attorney's fees.
A full site plan shall be required for all solar collection
system sites, showing the solar collection system, solar arrays, building,
fencing, buffering, access, and all other items required for uses
by this chapter.
The use must take measures to insure compliance with noise regulations set forth in Part 15 of this chapter.
This use shall be located no closer than 500 feet, measured
in all directions, to a school or house of worship.
No audio speakers or equipment shall be installed inside or
outside the location of such use that would cause sounds to emanate
beyond the property line of the activity.
Adult supervision shall be provided at all times at the facility.
Hours of operation shall be limited to the hours between 9:00
a.m. and 12:00 midnight if the entertainment is outdoors; 8:00 a.m.
and 2:00 a.m. if the entertainment and its byproducts, such as noise
and light, are contained indoors.
If the entertainment is not part of the normal operation of
the property or facility, and is temporary in nature, a permit must
be obtained from the Township Zoning Officer. In addition, special
arrangements must be made to ensure that traffic and parking is controlled
so as not to adversely affect neighboring properties without written
permission. The Township shall require, at its discretion, a traffic
and access plan and/or parking plan.
Temporary restroom/sanitary facilities shall be provided in
the ratio of one for each 20 patrons expected at outdoor events. Temporary
facilities are not required if permanent facilities are available
to serve in the same ratio. All such facilities shall be removed from
the site within three days of the end of the event for which they
intended for use.
In the event a permit is required, the applicant shall be required
to provide proof that appropriate insurance has been obtained.
This use does not include temporary activities and events (see "Temporary uses and structures," § 27-1403) such as fairs and festivals sponsored by schools, churches, non-profit organizations and Shrewsbury Township.
The equipment referred to shall consist of ATV, recreational,
other off-the-road vehicles and accessories; lawn mowers and lawn
tractors, and other outdoor equipment.
Access shall be via a street or roadway that meets the standards
for collector or arterial roadways as designated by the Township's
Comprehensive Plan.
Animal and plant species considered to be threatened or endangered
by the U.S. Fish and Wildlife Service are strictly prohibited.
All exotic wildlife shall be properly caged or restricted to
guarantee the prevention of harm to citizens and their property. Large
animals such as bears, coyotes, lions, tigers, leopards, jaguars,
cheetahs, cougars, wolves and crossbreeds of these animals that have
similar characteristics in appearance or features are prohibited in
residential zoning districts within Shrewsbury Township and, where
otherwise permitted, are only permitted on lots in excess of three
acres in size.
Anyone in possession of exotic wildlife must own the appropriate
permit from the Pennsylvania Game Commission or other state department
or agency.
No manure wastes shall be deposited or stored within 50 feet
of any property line.
All wildlife wastes shall be properly disposed of. All wildlife,
their housing and outdoor recreation areas shall be properly maintained
so as not to become a public nuisance to adjoining properties.
[Repealed by Ord. No. 2017-07, 12/6/2017]
All family day-care homes shall provide supervised care to no
more than five children at any one time for remuneration and such
maximum number (five) shall be reduced by one for each family member
under the age of six not attending elementary school or kindergarten
on a full-time basis.
In the Agricultural District, such sales and service shall be
limited to agricultural and agriculturally related equipment and supplies
only.
The farm market may be accessory to an existing agricultural
operation if conducted by the owner/operator of said operation.
A minimum of 50% of the products for sale must be of agricultural
commodities grown in South Central Pennsylvania and Northern Maryland.
Multiple farmers operating farms within Shrewsbury Township or elsewhere within York County may combine into a single farm market (farm co-op) operated by one or more of such farmers, in which case the numerical requirements of Subsection 1 of this section shall apply to such farmers collectively.
Under circumstances of crop failure due to reasons beyond the control of the operator of the farm market or of the farmers combining to form a single farm market (see Subsection 1 hereof), the fifty-percent limitation may be reduced by the Zoning Officer in consultation with at least two members of the Agricultural Review Committee to take into account the effect of such crop failure. If York County has been declared an agricultural disaster area any year by the U.S. Department of Agriculture, the requirements of Subsection 2 above shall not be applicable in that year.
At least 75% of the products for sale must be of agricultural
commodities as defined by this chapter. Agricultural commodities do
not include prepared foods nor do they include crafts and manufactured
products normally sold at a flea market.
The operator of the farm market or farm co-op must maintain
a mud-free parking area off the travelable portion of the road, safely
situated and sufficient in size to enable customers and employees
to park off the road right-of-way. Such parking area shall be designed
so that vehicles will not back onto the roadway to exit parking area.
The operator of a farm market or farm co-op may conduct a temporary
nonagricultural event, activity, or display, the sole purpose of which
is to generate interest or advertisement for the farm market or farm
co-op. Such event, activity, or display shall be limited to no more
than seven days' duration. There may be no more than four such events
in any single calendar year, unless additional events are permitted
by the Board of Supervisors. Adequate parking must be provided for
each such event or activity.
Farm markets or farm co-ops may sell food provided such permitted sales are of food prepared on-site and floor area not to exceed 10% of retail floor area and provided such sales when combined with other sales meet the requirements of Subsections 2 and 5 of this section. In addition, all applicable local, state and federal food service and waste disposal requirements must be complied with. The sale of prepared foods must be subordinate to and incidental to the primary purpose of farm markets which is the sale of agricultural commodities.
One farm occupation may be permitted as an accessory use to
the principal agricultural use of the property.
The farm occupation shall be operated by a resident owner of
the property where the farm occupation will be located or by a member
of such owner's immediate family who resides on the property.
No more than four nonresident employees may be employed by the
farm occupation.
The following uses shall be considered farm occupations in Shrewsbury
Township, so long as farm occupation remains secondary to the active
agricultural operation and compatible with the agricultural character
of the District:
Retail sales of agricultural products principally produced on
the farm.
Farm machinery, equipment service and repair, small engines
repair.
Arts and crafts manufacturing.
Metalworking, blacksmith and tool sharpening shops.
Carriage, buggy, wagon, trailers, farm machinery and related
accessories, manufacturing, sales and service.
Carpenters, electricians, plumbers, masons and other construction
tradespersons.
Woodworking, furniture, and cabinetmaking shops.
Bakeries, butcher shops.
Tailor, seamstress and shoe repair shops.
No farm occupation shall occupy more than 4,000 square feet
of gross floor area or more than one acre of lot area, inclusive of
off-street parking and loading areas.
A shared access drive serving the farm occupation and the farm
shall not be calculated as part of lot area of the farm occupation.
Retail and display areas affiliated with the farm occupation
shall not exceed 600 square feet.
The farm occupation must be conducted within one completely
enclosed building. Where feasible, the farm occupation shall be conducted
within an existing building on the property.
Any new building constructed for use by the farm occupation
shall be designed so that it can be converted to agricultural use,
or removed, if the farm occupation is discontinued.
No part of a farm occupation shall be located within 100 feet
of any side or rear lot line, or within 300 feet of any adjoining
residential parcel or a residential district. Such distances shall
be measured as a straight line between the closest points of any physical
improvement associated with the farm occupation and the property or
district line.
Farm occupations shall not be subdivided or separated from the
principal agriculture use.
Outdoor storage of supplies, materials or products shall be
located behind the building in which the farm occupation is located,
and shall also be screened from adjoining roads and properties.
The farm-processing establishment must be in identical ownership
with the farm on which it is located.
At least 25% of the volume of products processed must be of
products grown on the land farmed by the owner of the farm-processing
establishment. Nothing contained herein shall preclude multiple farmers
operating farms within Shrewsbury Township or elsewhere within York
County from combining into a single farm processing establishment
(farm co-op) operated by one or more of such farmers, in which case
the numerical requirements of this section shall apply to such farmers
collectively.
At least 75% of the volume of products processed must be of
products grown within 20 miles of the farm processing establishment.
Each proposed processing facility must be considered independently
and each must meet all of the criteria of this section.
The farm processing establishment may not exceed 10,000 square
feet in size and the storage area may not exceed 2,000 square feet.
All grain storage facilities, conveying apparatuses, drying
chambers, and axial ventilation fans shall be set back at least 50
feet from all property lines.
All materials stored on the property shall be set back at least
50 feet from any street lines.
May include grain storage and farm supply sales as accessory
uses.
Forestry activities located within 100 feet of a watercourse
will ensure that the basal area of trees shall not be reduced below
50% of the basal area present before cutting or below 65 square feet
per acre, whichever is greater, except that no logging shall occur
within 15 feet of a watercourse, spring or seep.
Any mud or debris carried onto the paved public road shall be
removed immediately.
Compliance with applicable local, state and federal conservation
regulations.
Forestry occurring within a CEA is subject to all regulations
in Part 13.
A gaming establishment structure, including but not limited
to an off-track betting and/or slot machine parlor, shall not be located
within 500 feet of any residential structure, and 1,000 feet of any
other off-track betting parlor, child-care facility, community center,
and house of worship, park, playground or school
[Amended by Ord. No. 2018-02, 5/2/2018]
No more than one off-track betting parlor may be located within
one building or shopping center.
The applicant shall furnish expert evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to hours of operation, light and/or litter.
The applicant shall furnish expert evidence as to how the use
will be controlled so as to not constitute a nuisance due to noise
or loitering outside the building.
All off-track betting parlors shall comply with the Pennsylvania
Horse and/or Harness Racing Commission's Rules and Regulations pertaining
to nonprimary locations, as defined therein and slot machine parlors
shall be licensed by the Pennsylvania Gaming Control Board.
A club house, restaurant, practice putting green, driving range,
golf care, and maintenance equipment storage and service facilities,
etc., shall be permitted in conjunction with the golf course provided
they are clearly accessory to the golf course.
No building shall be closer than 100 feet to any lot line.
In addition to other required landscaping, all parking areas shall be screened in accordance with § 27-1627 of this chapter and § 22-1711 of the Shrewsbury Township Subdivision and Land Development Ordinance.
[Amended by Ord. No. 2021-03, 10/6/2021]
The following requirements shall apply to all group homes.
A minimum of 250 square feet of habitable floor space excluding
common kitchen and dining area shall be provided for each occupant.
A common kitchen and dining area shall be provided and no cooking
or dining facilities shall be provided in individual rooms or suites.
This provision is not intended to require such facilities if the affiliated
institution provides them elsewhere.
The group home may not provide medical, counseling or other
service to persons who do not reside in the group home.
No more than 15 boarders shall be provided for upon any lot
or in any building.
Common eating facilities must be provided and the minimum period
of residency shall be one week.
The proposed sewage disposal system must be sufficient to meet
all requirements of the Pennsylvania Sewage Facilities Act and the
regulations issued pursuant thereto.
The applicant must demonstrate that he has obtained or can obtain
all state required permits.
The facility must be permitted under applicable state and federal
aviation regulations.
There shall be no existing flight obstructions such as towers,
chimneys, or other tall structures or natural obstructions outside
of the helipad and located within the proposed approach zones.
If in the Agricultural District, except in the case of rooftop landing areas, the facility must meet the requirements of § 27-403 of this chapter and shall reduce the number of development rights permitted the parcel by one for each acre or part of an acre utilized for such use.
No helipad shall be closer than 2,000 feet to a residential
zoning district.
The home occupation shall be operated by a resident owner of
the property where the home occupation will be located or by a member
of such owner's immediate family who resides on the property. There
shall be no more than two nonresident employees.
The character or external appearance of the dwelling unit or
accessory structure must be that of a dwelling or structure normally
accessory to a dwelling.
No more than 25% of the habitable floor area of a dwelling unit
may be devoted to a home occupation.
The premises must at all times be kept neat and orderly.
The use will not involve any waste product other than domestic
sewerage or municipal waste (as defined in the Pennsylvania Solid
Waste Management Act).
If the use will involve customers coming to the property where
the use is located, the use must abut a public road or street.
The use will not involve sale of any item not made on the premises
except as incidental to the home occupation. Beauty shops, insurance
agent offices, physician offices, bake shops, and handcraft shops
are examples of the type of uses that normally will meet this requirement.
The use will not involve any outside storage.
The use will not create dust, heat, glare, smoke, vibration,
or odors outside the building in which the use is being conducted,
or noise audible outside the building in which the use is being conducted.
The applicant must include with the application for a use certificate
such drawings as will enable the Zoning Officer to have an adequate
record of the location and extent of the proposed use. The applicant
must also supply to the Zoning Officer such information as will enable
the Zoning Officer to insure that all of the above-enumerated requirements
are satisfied. The use certificate, once issued, shall continue in
effect as long as there is no change in the nature or extent of the
use and all of the requirements of this section continue to be met.
Copies of these requirements will be attached to the use certificate.
Standards.
That the use will not involve noise audible to neighboring residents
between 6:00 p.m. and 7:00 a.m. The Zoning Hearing Board may require
as a condition to any special exception that the applicant put in
a noise insulation and take other action to minimize audible noise
during the period between 7:00 a.m. and 6:00 p.m. If the Zoning Hearing
Board determines that the use will involve unreasonable noise that
cannot be satisfactorily reduced by insulation or other action by
the applicant, the application shall not be approved.
That the use will not result in a substantial increase in vehicular
traffic to the site. A twenty-percent increase in traffic shall be
regarded as substantial. Access to the business shall be limited to
the use of the existing lane or driveway, which shall be paved or
otherwise consist of a gravel base sufficient to prevent tracking
of mud or dirt onto the roadway. The proposed use must abut a public
road or street.
No-impact home-based business is a type of home occupation,
which shall be permitted in all zones as an accessory use subject
to the provisions set forth in this section. No permit required.
In addition to other required landscaping, all parking areas shall be screened in accordance with § 27-1627 of this chapter.
Hospitals shall be registered and licensed by the Commonwealth
of Pennsylvania and shall be in compliance with all applicable rules
and regulations of such licensing bodies.
A house of worship is permitted by right in the C District
and by special exception in the RR, RRR, and SR Districts, subject
to the following:
[Amended by Ord. No. 2018-02, 5/2/2018]
The facility shall comply with all applicable federal, state,
and local regulations, including, but not limited to, those of the
Pennsylvania Game Commission and Pennsylvania Fish Commission regulations.
Adjacent areas must be predominantly undeveloped and the range
area must be at least 200 feet from any property or street line, and
must be at least 1,000 feet from any existing residential dwelling
that is not on the same property.
The site and/or individual tracks shall be secured by an eight-foot
fence.
Signs of sufficient size and coloration shall be posted at no
more than five-hundred-foot intervals along the perimeter of the parcel
warning of possible shooting and hunting taking place.
The tract or parcel of land on which infill development is proposed
is not more than seven acres in size and is completely surrounded
by or adjacent to two or more residential lots less than five acres
in size and within 600 feet of an additional residential lot less
than five acres in size.
Infill development shall consist of permitted residential dwellings and such accessory buildings and uses customarily incidental to permitted residential dwellings as provided in § 27-402.
The owners or developer of the proposed infill development shall demonstrate by a sketch plan that the transferred DR can be utilized within the infill area consistent with the requirements of Part 4 of this chapter and other relevant Township ordinances.
Submittal of documentation showing that all Pennsylvania Nutrient
Management Act[7] and Department of Environmental Protection permitting
requirements for concentrated animal feeding operations and concentrated
animal operations have been met.
The operation must comply with the applicable environmental requirements of the Pennsylvania Clean Streams Law and Part 15 of this chapter.
Where applicable, such operation must establish and maintain
compliance, at all times with the operational requirements of the
Pennsylvania Nutrient Management Act and file any plan required therein
with the appropriate state or federal agency. Applicants must verify
that they have an approved and fully implemented soil and water conservation
plan and that they are in compliance with the requirements of the
Pennsylvania Department of Environmental Protection's Manure Management
Manual.
Submittal of a stormwater management plan meeting the requirements
of the Shrewsbury Township Stormwater Ordinance.[8]
[Amended by Ord. No. 2023-05, 11/1/2023]
Where applicable, documentation that the location of facilities
and manure storage lagoons near floodplains complies with the Pennsylvania
Flood Plain Management Act.[9]
Setback Requirements. Any building or animal concentration area
constructed or adapted to house or enclose such animals must comply
with the most recently published requirements of the Pennsylvania
Nutrient Management Act (as amended by Act 38).
If connection to an existing public water supply system is proposed,
the applicant shall establish the execution of an agreement committing
the public water supply system to providing such water as will be
utilized by the proposed use for such period of time as the public
water supply system provides water elsewhere in its service area.
If the water supply system proposed involves the utilization of water
obtained from the tract where the proposed use is to be located or
from a nearby tract, the applicant must conduct a water sufficiency
study to establish that the groundwater recharge on the tract where
the water supply system is located, after development, computed during
drought conditions (periods when precipitation is 40% below normal)
will exceed projected water usage. Any special exception granted by
the Zoning Hearing Board shall be specifically conditioned upon the
number and size of animals not exceeding the numbers or sizes on which
the water sufficiency study was based and shall be revoked if such
number or size is exceeded.
The applicant must submit with his application for a special exception a fly control plan proposing the use of the best available practice or procedure for fly control, in accordance to § 27-1517 of this chapter, both at the site of the operation and at the ultimate disposal site for the animal waste if within Shrewsbury Township.
An odor management plan in accordance with Act 38 must be submitted.
Any special exception granted by the Zoning Hearing Board shall
be specifically conditioned upon the continued compliance with all
of the requirements of this section and the successful implementation
of the odor and fly control plans and shall be revoked if the operator
should fail to comply with such requirements or implement the approved
fly control and odor control plans.
Any area used for this purpose must be at least 75 feet from
any property line and 100 feet from any street line.
No garbage or other organic waste shall be stored on such premises.
The manner of storage and arrangement of junk and the drainage
facilities on the premises shall be such as to prevent the accumulation
of stagnant water upon the licensed land and to facilitate access
for inspection purposes and firefighting.
Every structure erected upon the licensed premises and used
in connection therewith shall be of fireproof construction pursuant
the UCC.
The premises shall be enclosed by a metal chain-link fence constructed
of heavy-duty steel and supported upon steel posts, or in lieu thereof,
a solid masonry or metal wall of a uniform design, texture and structure.
The erection of such fence or wall shall be controlled by the setback
provisions of this chapter. Such fence or wall shall not be less than
eight feet in height. If a chain link fence is utilized, it shall
be constructed so as to make it opaque. The erection of said fence
shall be completed prior to issuance of an occupancy permit. It is
further provided that the foregoing fencing provisions shall be applicable
only to that portion of the premises being immediately used for the
storage of junk and shall not be applicable to the balance of the
property owned or used by said junkyard operator so long as said remaining
portion of land is not being used for the storage of junk as defined
in this chapter.
The land area between the fence or wall structure required above
and any public right-of-way shall be planted with evergreen trees
or vegetation approved by the Township as equivalent in growth and
shading characteristics. Trees or other vegetation shall be planted
in accordance with Part 700 of the Township Subdivision and Land Development
Ordinance and Construction and Materials Specifications for Subdivisions
and Land Developments manual. The trees shall be maintained in good
health and replaced as required in order to achieve a full screening
effect within five years.
All burning in connection with any junkyard shall be in full
and complete compliance with the Shrewsbury Township Outside Burning
Ordinance[10] as well as any and all applicable county, state, and federal
laws, rules and regulations.
All junk contained in a junkyard shall be arranged and maintained in a neat and orderly fashion. All junk vehicles and other junk shall be arranged in rows with a minimum of 20 feet of clear space between rows with each row to be no greater in width than 40 feet. Vehicles shall not be stored on top of one another so as to be visible beyond the fence or wall constructed pursuant to Subsection 5 of this section.
No junk shall be stored or located within 100 feet of any critical
environmental area as defined and delineated in this chapter.
The licensee of any junkyard shall provide, within the boundary
lines of the property upon which the junkyard is maintained, off-street
parking for at least five vehicles.
The applicant shall submit and demonstrate the ability to implement
an operations plan that shall include the following:
The unloading, transfer, and disposition of material shall be
continuously supervised.
There shall be no access permitted to the site when an attendant
is not on duty.
Access drives shall be secured by fences, gates, locks, and
other means to deny access at unauthorized times.
There shall be a plan for the prompt removal of all hazardous
materials. Drainage of fluids shall be conducted only on a Township-approved
concrete drainage pad with appropriate catch basins and storage tanks.
The applicant shall submit quarterly proof to the Township of
proper and authorized disposal of all petroleum and other products
including oil, gas, Freon, and antifreeze.
The applicant shall create sufficient drainage swales so as
to preclude water from lands at higher grade than the applicant's
from washing over the applicant's land.
Motor vehicles shall not be stacked so as to become visible
from adjoining properties.
Crushing of automobiles and operation of a crusher shall occur
only during Monday through Friday and only between the hours of 9:00
a.m. and 4:00 p.m. No crushing of vehicles shall take place on federal
or state holidays.
The applicant shall drill a well at a location on his property
chosen by the Township but at a location to not unreasonably interfere
with the applicant's activities. The applicant shall test the well
water on a monthly basis for the presence of petroleum residues and
shall submit such reports to the Township on a monthly basis. If any
test shows deterioration in water quality, the applicant shall be
required to take remedial action to remove contamination and cease
accepting any additional items of junk until such remedial action
has been completed. If such remedial action is not completed within
90 days, the use shall terminate and all items of junk and related
materials shall be removed from the junkyard within the following
90 days.
Establish that the environmental requirements of Part 15 of this chapter will be complied with.
The use shall front upon and have direct access to a collector
or arterial street as set forth in the Township Comprehensive Plan.
No structures, junk, or vehicles shall be placed within 100 feet of
any property line.
The Board of Supervisors, or its duly designated and authorized
agent or representative, shall from time to time regularly inspect
the premises of every licensee hereunder for the purpose of determining
whether said licensee has established and maintained its premises
in full compliance with the provisions of this chapter.
The kennel must be located at least 500 feet away from any dwelling
owned by someone other than the owner of the kennel.
The kennel must be located at least 500 feet away from any area
that could, pursuant to the provisions of this chapter, be approved
as a location for a dwelling on property owned by someone other than
the applicant.
Adequate disposal of animal waste must be provided in a manner
that will not create a public health hazard or nuisance.
All kennels shall provide screening equivalent to Buffer Planting
Strip D as set forth in § 22-710.2 of the Township Subdivision
and Land Development Ordinance.
Animals being boarded must be either domestic canines or domestic
felines.
Prior to the granting of any special exception or use certificate,
the applicant shall provide the Zoning Hearing Board with proof that
the operation of the kennel shall be in accordance with all Pennsylvania
laws governing kennels and breeding facilities.
The kennel shall have enclosed fencing of eight feet (or six
feet inverted) of all areas used for animal exercise, training, or
any activity during kenneling with potential of the animal being loose
or getting free from kennel personnel restraint.
All kennels shall comply with the environmental regulations of Part 15 of this chapter.
Landfill operations shall be located at least 1,000 feet from
existing lot lines.
Operation of a landfill or resource recovery facility shall
at all times be in full compliance with the statutes of the Commonwealth
of Pennsylvania and the rules and regulations of the Pennsylvania
Department of Environmental Protection and the provisions of this
chapter. In the event that any of the provisions of this chapter are
less restrictive than any present or future rules or regulations of
the Department of Environmental Protection, the more restrictive Department
of Environmental Protection regulations shall supersede and control.
Pursuant a change of ownership, the new owner shall comply with
all requirements of this chapter and all conditions attached to the
special exception granted the previous owner.
Establish compliance with all federal, state, and local drainage
requirements.
Have direct access to an arterial or collector street as identified
in the Township's Comprehensive Plan.
Use shall not cause an increase in truck traffic on residential
streets and/or local roads.
In addition to requirements of § 27-1506 of this chapter, buffer areas at least 150 feet in width must be provided along the perimeter of the lot, landscaped so as to minimize visibility of the landfill use and will not be utilized for landfill purposes.
All topsoil and subsoil to a depth of at least 3 1/2 feet shall
be preserved, and all solid waste shall be covered with at least 3
1/2 feet of the aforesaid soil. The top foot of topsoil shall be separately
conserved and be placed as the top foot of the cover, which cover
must total at least 3 1/2 feet in depth. In conjunction with the application
for a special exception, the applicant shall present a soil conservation
plan, which plan shall include the applicant's proposal for preserving
both the top foot of topsoil and the second 2 1/2 feet of soil and
protecting the aforesaid from erosion while the trenches are being
filled with solid waste material.
The Township Engineer, or any other official designated by the
Township, may make inspections of the facility at the discretion of
the Township, or upon complaint, to determine if the operation is
being conducted according to approved plans and permits.
Access streets to the landfill site shall be constructed according
to DEP permit requirements.
Compliance with the environmental regulations of Part 15 of this chapter.
Demonstrate that the water supplies for neighboring properties
shall not be adversely affected by the proposed use through submission
to the Zoning Hearing Board of a hydrogeological study performed by
a qualified hydrogeologist or other similar professional. Such study
shall be prepared in accordance with accepted hydrogeological standards
and practices; shall contain the sources of all test data, including
but not limited to, wells evaluated as a part of the study; and shall
clearly set forth the conclusions and recommendations of the professional.
A fence measuring eight feet high, not less than 50 feet from
the edge of the fill area, must enclose actual fill area. The fence
shall have openings less than three inches in any dimension, if any.
A vegetative screen must be provided along the outside of the fence,
facing away from the fill area, with plantings at least 36 inches
high and placed in a double-staggered row with no more than five feet
between plants. The vegetation shall be of a variety to obtain a height
of at least eight feet at maturity. Where adjacent to a residential
district or public right-of-way, trees and shrubs shall be planted
which will screen the operation completely from normal view. All screenings
and buffers required by this chapter shall be provided.
Access to the site shall be limited to those posted times when
an attendant is on duty. In order to protect the public health, safety
and welfare, access drives shall be secured by fences, gates, locks,
or other means to deny access at unauthorized times.
Vehicular access shall be designed to minimize danger and congestion
along adjoining roads and to avoid the creation of nuisances to nearby
properties.
Vehicle stacking lanes into the facility that are sufficient
in length so that vehicles waiting to be weighed will not back onto
public roads shall be provided.
All driveways onto the site shall be paved to a cartway width
of 35 feet for a distance of at least 200 feet from the street right-of-way
line. In addition, a one-hundred-foot-long crushed stone section of
access drives shall be placed just beyond the preceding two-hundred-foot
paved section to help collect any mud that may be attached to a vehicle's
wheels.
There shall be no operations on Sunday or legal holidays and
no operation between 7:00 p.m. and 7:00 a.m. on other days.
Litter control measures shall be implemented to prevent scattering
of materials and a plan for the cleanup of litter shall be submitted
to the Township.
All municipal waste waiting recycling or resource recovery shall
be stored within an enclosed area.
The unloading, transfer, and deposition of materials shall be
continuously supervised by a qualified facility operator.
The special exception application shall not be granted unless the applicant proposes a satisfactory reclamation plan and the applicant demonstrates his capacity to carry out the reclamation plan and comply with environmental requirements of Part 15 of this chapter and the general standards for special exceptions as set forth in this chapter. The reclamation of the land affected shall include the following:
The plan shall set forth the use made of the land as of January
1, 2002, and any change in use between that date and the date of the
filing of the plan.
A statement of the soil types of the land and the topography
of the land.
Where the proposed land use so requires, the manner in which
compaction of the soil and fill will be accomplished.
The proposed land use upon completion of the landfill operation.
If the land was in agricultural use on January 1, 2002, it must be
restored to agricultural use.
A description of the manner in which the operation will segregate
and conserve topsoil and, if necessary, suitable subsoil to restore
the area to agricultural use if such restoration is required pursuant
to Subsection D above or if such restoration is not required to establish
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-generation
in planned succession at least equal in extent of cover to the natural
vegetation of the area.
The reclamation plan must provide that at least 3 1/2 feet of
the agriculturally suitable soil be placed over the landfill material
and any membrane or other type of cap required by the Department of
Environmental Protection. The top foot of topsoil removed must be
separately conserved and placed on the top foot of the soil cover.
A detailed timetable for the accomplishment of each major step
of the reclamation plan and the operator's estimate of the cost of
each said step and the total cost of the reclamation plan.
The manner in which the operator plans to control surface water
drainage including a practical method of preventing or avoiding surface
and groundwater contamination.
The reclamation plan must propose the restoration of the affected
areas within two years following the termination of the landfilling
operation in that particular area. It is not intended that reclamation
await the completion of landfilling operations on the entire tract.
The Zoning Hearing Board shall in addition require that the
applicant post sufficient security by performance bond or letter of
credit to guarantee compliance with all aspects of the reclamation
plan; provided, however, that the amount of this obligation may be
reduced by the amount of any effective security which the Zoning Hearing
Board finds has been posted with the commonwealth pursuant to the
Solid Waste Management Act.[11]
Rehabilitation Required. The operator must implement the reclamation
plan approved by the Zoning Hearing Board in accordance with the standards
and time frame set forth in such plan.
Reporting of Operation and Rehabilitation Information. In order
to keep the Zoning Officer abreast of impending termination of landfilling
operations and plans for reclamation as well as operational activities
which he has a duty to check, each landfill owner or operator must
submit to the Zoning Officer, annually in the month of October, the
following information:
Chemical storage and waste disposal shall be made in accordance
with Pennsylvania Department of Environmental Protection requirements,
Environmental Protection Agency requirements, the Uniform Construction
Code, and requirements of the wastewater treatment plant serving the
facility.
[Amended by Ord. No. 2020-01, 8/5/2020]
Mineral extraction/processing is permitted by special exception
in the I District and shall meet the requirements of the Surface Mining
Conservation and Reclamation Act.[12]
The uses permitted shall be only those permitted principal uses
within the Historic Village Overlay where a mixed-use building is
permitted.
The minimum lot area and width for a mixed-use building shall
comply with the minimum requirements for a nonresidential building
within that zoning district.
Where a residential use is proposed within a mixed-use building,
such residential use shall not be permitted on the street level floor.
Each separate use within a mixed-use building shall be required
to apply for separate zoning and occupancy permits.
Off-street parking shall be provided in accordance with Part 16 of this chapter based on collective individual uses.
Separate water and sewer service shall be required for each
individual use.
The uses permitted shall be only those permitted principal uses
within the zoning district where a mixed-use building is permitted.
The minimum lot area and width for a mixed-use building shall
comply with the minimum requirements for a nonresidential building
within that zoning district.
Where a residential use is proposed within a mixed-use building,
such residential use shall not be permitted on the street level floor.
Each separate use within a mixed-use building shall be required
to apply for separate zoning and occupancy permits.
Off-street parking shall be provided in accordance with Part 16 of this chapter.
Mobile home parks are permitted by special exception in the
SR District. An enlargement of an existing mobile home park shall
require a special exception as if it were a new establishment. Mobile
home parks are subject to the following:
Mobile home parks shall have access from a public street. All
spaces/lots shall be accessible from an interior private street only.
Mobile home parks shall be served by a public water supply and
sewage disposal systems, which shall be approved by the Pennsylvania
Department of Environmental Protection.
Mobile home lots/spaces in different sections of the mobile
home park may vary in size, but there shall not be more than eight
mobile home lots/spaces per acre.
All mobile homes shall be set back a minimum of 50 feet from the mobile home park property lines and street rights-of-way. A buffer planting strip consistent with Type C of § 22-610 of the Subdivision and Land Development Ordinance shall be planted within said 50 feet.
In a mobile home park, a separate space shall be provided for
each mobile home, which shall include the following:
Each mobile home park lot/space shall have minimum front and
rear setback of 20 feet. Side setbacks shall be a minimum of 15 feet.
Each mobile home park shall have a structure clearly identified
as the office of the mobile home park manager.
Mobile home parks shall meet all requirements of the Subdivision
and Land Development Ordinance.
The use must comply with all applicable federal, state, and
local statutes or ordinances and acquire all mandated permits and
licenses.
The environmental regulations of Part 15 of this chapter must be complied with.
A crematory shall be permitted as an accessory use to a mortuary
provided:
That the unit will be installed consistent with the manufacturer's
specifications and requirements.
The unit will be located no less than 300 feet from any adjoining
property line.
That the building is located no less than 300 feet from any
adjoining property line.
That if dead animals are cremated in the unit, all such carcasses
will be disposed of within 24 hours of arriving at the applicant's
property, unless the carcasses are frozen.
This use shall include but not be limited to public buildings,
parks, playgrounds, and tennis courts operated and/or operated by
the federal, state or local government or non-profit organizations
for public use or for the recreation and enjoyment of members of such
organization.
Off-street parking requirements as established in Part 16 shall
be met. In addition, parks, playgrounds and game courts shall be required
to have one space per 5,000 square feet of outdoor recreation area.
A park designed for passive recreational purposes shall be permitted
without regard to the minimum lot area regulation of the district
in which it is located; provided, however, such use shall meet all
provisions set forth herein.
Shall be permitted in all zones as an accessory use secondary
to the use of a property as a residential dwelling provided all of
the following criteria are met:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
disposal, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business activity may not involve any illegal activity.
Access shall be via a street or roadway that meets the standards
for collector or arterial roadways as designated by the Township's
Comprehensive Plan.
Documentation that the facility has received or can receive
approval for occupancy from the Pennsylvania Department of Welfare
and/or the Department of Labor and Industry, where required.
No portion of a residence may be used as a nursery school and
no portion of a nursery school may be used as a residence.
Approval shall be conditional upon an inspection and report
by the UCC Code Official.
Access shall be via a street or roadway that meets the standards
for collector or arterial roadways as designated by the Township's
Comprehensive Plan if the total number of employees together with
residents who will be permitted to maintain motor vehicles at the
facility exceeds 20.
Lot area of not less than 1,000 square feet per bed shall be
provided, but in no case shall the lot area be reduced below that
required for the zoning district in which such facility is to be constructed.
The Township Sewage Enforcement Officer shall submit a report
confirming the adequacy of the existing or proposed sewage facilities
unless the facility is connected to a public sewer system.
Documentation that the facility has received or can receive
approval for occupancy from the Pennsylvania Department of Welfare
and/or the Department of Labor and Industry, where required.
Approval shall be conditional upon an inspection and report
by the local UCC Code Official.
All motorized vehicles, designed or redesigned, or otherwise
being used for off-road recreational use, including all ATVs, shall
be operated within a recreational facility (outdoor) only, except
that they may be operated by persons residing at the property where
such off-road vehicles are being operated.
Off-road vehicles shall only be operated between 9:00 a.m. and
6:00 p.m. local time, provided the property is located in the Agricultural,
Commercial or Industrial Zoning Districts and there are no off-lot
dwellings located within 500 feet of the outer boundary of the area
in which the vehicle(s) is being operated.
Fuel substances permitted for combustion in an exterior furnace
installation shall be limited to natural gas, propane, home heating
oil, coal, firewood, pellets, corn, and untreated lumber.
The burning and combustion of flammable and volatile substances
and materials such as, but not limited to, trash, plastics, gasoline,
rubber, naphtha, household garbage, material treated with petroleum
products (particle board, railroad ties and pressure-treated wood),
human and animal waste, leaves, paper products and cardboard are strictly
prohibited.
Outdoor furnaces shall be permitted only in the Agricultural
and Rural Residential Districts as shown on the Township's Zoning
Map.
All outdoor furnaces and heating devices shall be set back not
less than 200 feet from the nearest lot line.
Outdoor furnaces shall be operated only between September 1
and May 31, unless the furnace is being used to provide domestic water
service.
All outdoor furnaces shall be equipped with properly functioning
spark arrestors.
All outdoor furnaces and heating devices shall be provided with
a permanently attached stack or chimney, the height of which shall
be the greater of one of the following:
Installation of any electrical or plumbing apparatus or device
used in connection with the operation of an outdoor furnace shall
be in conformity with all applicable electrical and plumbing codes
and, in the absence of such code, in conformity with the manufacturer's
installation specifications. Any outdoor furnace must also comply
with any other county, state or federal guidelines for the same.
All outdoor furnaces and heating devices installed within the
Township subsequent to the adoption of the ordinance are required
to meet emission standards, if any, currently required by the Environmental
Protection Agency (EPA). Emission standards currently required by
the EPA are hereby adopted by reference together with any amendments
or modifications made to them in the future.
The following may not be stored outdoors in any district, except
in an approved junkyard in the Industrial District:
Motor vehicle parts, tires, appliances, appliance parts, pieces
of iron, steel, cans, other such materials as defined as "junk" in
this chapter.
A recreational vehicle or utility trailer shall not be kept
in a front yard of a dwelling for more than three days in any seven-day
period.
[Amended by Ord. No. 2020-01, 8/5/2020]
The facility shall be primarily used for the parking of passenger
vehicles.
The facility shall not be used for the sales, long-term storage,
and repair or servicing of automobiles.
Not more than 75% of the lot shall be covered with impervious
surfaces.
None of the paved area shall be closer than 10 feet from any
property line, lot line or street line, except for entrance or exit
driveways.
To protect other vehicles and pedestrians in the immediate area,
railing, fencing, posts, and chains, or similar protective barriers
must be located on the perimeter of the parking areas except at access
drives or exits. In addition, there shall be provided a wheel block
securely anchored into the ground for each peripheral parking space.
No advertising sign may be located on the facility.
All parking facilities, including spaces and drive aisles, shall meet the design and construction standards set forth in Part 16 of this chapter.
A fence or hedge must be placed sufficient to screen the use
from all roadways, adjoining properties, and any location in a residential
district and from any existing dwelling in any district. For surface
parking lots, the height of the screening may be reduced to three
feet.
No portable storage unit shall be maintained within 10 feet
of any street right-of-way.
A portable storage unit shall be no larger than eight feet wide,
16 feet long and eight feet high if located less than 500 feet from
a dwelling not owned by the owner of the portable storage unit.
No portable storage unit shall remain in a residential zoning
district in excess of 14 consecutive days, or in excess of 30 days
in any calendar year.
No portable storage unit shall remain on a lot in a nonresidential
zoning district in excess of 30 consecutive days, or in excess of
45 days in any calendar year.
A portable storage unit shall be permitted during construction,
reconstruction, alteration or renovation of the principal building
and for an additional period of three days before and after such activity,
provided a building permit has been issued by the Township. The portable
storage unit shall be removed from the lot before the Township Zoning
Officer issues an occupancy permit.
A portable storage unit may be located on a lot during an emergency
situation as declared by the appropriate federal, state, county, or
Township agency pursuant to a temporary permit issued by the Township
Zoning Officer.
The Township Zoning Officer shall determine the most appropriate
location for the portable storage unit to be placed on the lot. The
issuance of a permit shall allow the applicant to place the portable
storage unit on the subject lot in the location specified in the permit
in conformance with the requirement of this section. The permit shall
be posted in plain view on the subject lot.
[Added by Ord. No. 2017-07, 12/6/2017]
Any private burial ground shall be located in accordance with
the requirements of § 27-403.5 of this chapter.
All burials must be under the supervision of a mortician licensed
in Pennsylvania and comply with all state regulations.
No private burial ground shall exceed 25,000 square feet in
size.
All parts of the private burial ground must be at least 200
feet from any well, except a well owned by the owner of the tract
where the private burial ground is proposed to be located must be
at least 100 feet. All parts of the private burial ground must be
at least 200 feet from any dwelling other than a dwelling owned by
the owner of the tract where the private burial ground is proposed
to be located.
No more than one private burial ground may be located on any
tract.
All grave markers must be located on the tract so as to achieve
compliance with all setback and yard requirements of the district
where located.
A recorded easement must be placed upon the tract of land containing
the private burial ground granting vehicular access to the family
and descendants of the interred. There must also be a recorded agreement
between the property owner and the Township providing for the permanent
maintenance of the private burial ground by the owner of the tract
of land upon which the cemetery is situated, including all setback
areas.
Prior to obtaining a use certificate permitting use as a private
burial ground, the applicant shall submit to the Township a plat establishing
the area allocated to the private burial ground.
Prior to issuance of a use certificate permitting use as a private
burial ground, a ten-foot-deep probe shall be provided to enable the
Township Sewage Enforcement Officer to inspect to ensure all burials
will be above the water table.
Where stones or monuments are visible from nearby dwellings
in existence on September 1, 2017, the owner of the cemetery shall
plant and maintain a buffer to reduce such visibility by a minimum
of 75% [see § 22-710(2)(C) of the Township Subdivision and
Land Development Ordinance].
Such stand shall not exceed 400 square feet of gross floor area
and shall be for the sale of farm, nursery, or greenhouse products.
In the Agricultural District, such stand shall be exclusively
for the sale of products produced by the operators of the stand.
No stand shall be less than 50 feet from an intersection or
within 10 feet of any right-of-way.
Such stands shall be required to have a mud-free place where
vehicles can park beyond the right-of-way of the road.
All signs shall comply with the Shrewsbury Township Sign Ordinance[15] and landscaping requirements in the Subdivision and Land
Development Ordinance.
[Amended by Ord. No. 2020-01, 8/5/2020]
Front, side, and rear setbacks shall be provided in accordance
with the regulations of the district in which the building is located.
Height of building shall be as required by the district regulations.
Equipment not otherwise protected shall be enclosed with a chain
link fence six feet in height, topped with barbed wire.
When the equipment is totally enclosed within a building, no
fence or screen planting shall be required and the yard shall be maintained
in conformity with the district in which the facility is located.
The facility shall be screened in accordance with § 27-1506 of this chapter.
The external design of the building shall be in conformity with
the buildings in the district.
Off-lot sewage treatment facilities shall be limited to those
proposed as part of an approved municipal sanitary system, or if private,
for correcting an existing sanitary or industrial waste disposal problem.
Where permitted, this use is subject to complying with all applicable
federal and state statutes and Township ordinances.
Access shall be via a street or roadway that meets the standards
for collector or arterial roadways as designated by the Township's
Comprehensive Plan.
All racing and spectator structures and facilities shall be
located at least 1,000 feet from existing lot lines.
The use shall be connected to a centralized sewer and water
system.
The use shall be fully enclosed within a fence a minimum of
six feet in height with gates. Gates shall be securely locked except
during an event.
The lot shall be at least 1,000 feet from the boundary of a
lot on which an existing dwelling, a school, a day-care center, a
playground or public recreation facility, a place of worship, or another
automobile or horse racetrack is located and from the boundary of
a residential district.
The use shall be completely surrounded by a one-hundred-foot-wide
buffer yard, complete with planted screen, in accordance with the
provisions of the Township Subdivision and Land Development Ordinance.[16]
Approval shall be subject to the applicant providing documentation
of adequate fire protection, policing and security to be employed
on the site to ensure public safety during and after all racing activities.
All horse racetracks, with related wagering shall comply with
the applicable Pennsylvania Horse and/or Harness Racing Commission's
Rules and Regulations.
Any area where race vehicle engines will be run, warmed up or
tested shall be set back a minimum of 1,000 feet from all lot lines
of any existing dwelling.
All activities shall take place within a completely enclosed
building.
The applicant must furnish evidence as to how the use will not
constitute a nuisance due to noise or loitering outside the building.
If the proposed use is a rifle or archery range, it must be
designed and constructed in accordance with the National Rifle Association's
standards for the particular type of range, or according to national
standards for archery ranges, whichever applies. The range shall be
used for only the type of firearms and arrows for which it is designed
to accommodate.
If the nature of the use is such that it will generate a high
volume of vehicular traffic, i.e., in excess of 750 vehicle trips
per day, then access shall be via a street or roadway that meets the
standards for collector or arterial roadways as designated by the
Township's Comprehensive Plan.
The environmental requirements of Part 15 of this chapter must be complied with.
Such facilities shall be set back at least 50 feet from any
property or street line.
Access shall be via a street or roadway that meets the standards
for collector or arterial roadways as designated by the Township's
Comprehensive Plan.
The site and/or any individual tracks shall be fenced to prevent
unauthorized entrance and accidental exit of vehicles.
The facility shall be operated only between the hours of 9:00
a.m. and 11:00 p.m.
The facility shall comply with all applicable federal, state,
and local regulations, including, but not limited to, those pertaining
to the use and storage of fuel, oil, and other related products and
the operation of motorized vehicles.
All outdoor lighting shall be installed in compliance with the environmental requirements of Part 15 of this chapter.
[Repealed by Ord. No. 2023-05, 11/1/2023]
Any such use shall be a minimum of 100 feet from all public
streets as measured from the ultimate right-of-way line of the road
and 100 feet from any property line. Additionally, an incinerator
or transfer facility shall be a minimum of 200 feet from any residential
zoning district or occupied residential dwelling unit.
Truck and equipment parking and/or storage areas shall be a
minimum of 100 feet from any property line.
Operation of a resource recovery facility shall at all times
be in full compliance with the statutes of the Commonwealth of Pennsylvania
and the rules and regulations of the Pennsylvania Department of Environmental
Protection and the provisions of this chapter. In the event that any
of the provisions of this chapter are less restrictive than any present
or future rules or regulations of the Department of Environmental
Protection, the more restrictive Department of Environmental Protection
regulations shall supersede and control.
Access to the site shall be limited to those posted times when
an attendant is on duty. In order to protect against indiscriminate
and unauthorized dumping, every resource recovery facility shall be
protected by locked barricades, fences, gates, or other positive means
designed to deny access to the area at unauthorized times or locations.
Such barricades shall be at least six feet high and shall be kept
in good repair and neatly painted in a uniform color.
A facility operator shall continuously supervise unloading of
materials.
Hazardous waste as included on the list of hazardous waste maintained
by the Department of Environmental Protection shall not be disposed
of in a resource recovery facility.
Litter control shall be exercised to confine blowing litter
to the work area and a working plan for cleanup of litter shall be
submitted and approved by the Township to control blowing paper; there
shall be erected a fence having a minimum height of six feet with
openings not more than three inches by three inches along all boundaries.
The entire area shall be kept clean and orderly.
All parts of the process, unloading, handling, and storage of
municipal solid waste, shall occur within an enclosed building. However,
certain separate recyclable materials like glass, aluminum, and other
metals may be stored outdoors.
The storage of paper shall be within a building or other appropriate
structure.
Any material stored outdoors shall be properly screened so as
not to be visible from any adjacent street or property.
No material shall be placed or deposited to a height greater
than the height of the fence herein prescribed.
No municipal solid waste shall be processed or stored at a recycling
facility. For all other types of resource recovery facilities, municipal
solid waste shall not be stored on the site for more than 72 hours.
A contingency plan for disposal of municipal solid waste during
a plant shut down must be submitted to the municipality and approved
by the governing body.
Leachate from the municipal solid waste and water used to wash
vehicles or any part of the operation shall be disposed of in a manner
in compliance with Department of Environmental Protection regulations.
If the leachate is to be discharged to a municipal sewage treatment
plant, appropriate permits shall be obtained from the applicable agencies
and authorities. In no event shall the leachate be disposed of in
a storm sewer, to the ground, or in any other manner inconsistent
with Department of Environmental Protection regulations.
Waste from the resource recovery facility process (such as,
but not limited to, ash from an incinerator) shall be stored in such
a manner as to prevent it from being carried from the site by wind
or water. This waste shall be located at least 150 feet from any lot
line and stored in leak proof and vector proof containers. Such process
waste shall be disposed of in a sanitary landfill approved by the
Department of Environmental Protection or in another manner approved
by the Department of Environmental Protection.
A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers. In addition, the buffer requirements of § 27-1506 of this chapter shall be met.
Solid waste landfill operations and open burning of any materials
is prohibited.
The environmental performance standards set forth in Part 15 of this chapter shall be met by all resource recovery uses.
The facility shall have direct access via a street or roadway
that meets the standards for collector or arterial roadways as designated
by the Township's Comprehensive Plan.
Public water and sewer is required.
When this use is adjacent to, or on the same lot with a shopping
center or group of commercial uses, it shall use the common access
with the other business establishments.
Where a drive-through window is proposed, a stacking lane not
less than 120 feet shall be provided.
A clearly delineated pedestrian walkway shall be provided between
any existing sidewalk and the entrance to the restaurant.
All exterior seating areas shall be separated from all access
drives and parking areas fencing or landscaped buffer.
Any play areas shall be completely enclosed by a minimum three-foot-high
fence.
An exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties in compliance with § 27-1511 of this chapter.
All signage shall comply with the Shrewsbury Township Sign Ordinance[17] and landscaping requirements in the Subdivision and Land
Development Ordinance.
[Amended by Ord. No. 2020-01, 8/5/2020]
An outdoor menu board for drive-through service shall not be
considered a sign as long as its predominant use is clearly for listing
food items and their costs and it is legible only in close proximity
to the drive-through area.
Covered trash receptacles shall be provided outside the restaurant
for patron use in addition to a plan for the cleanup of litter.
Outdoor storage of trash shall be within an enclosed area and
screened from view of adjacent streets, dwellings or residential districts.
Fast-food restaurants, food stands and similar establishments
shall not include the sale of alcoholic beverages.
Minimum stay is one week.
A lot area of not less than 1,000 square feet per bed shall
be provided but in no case shall the lot area be reduced below that
required for the district in which the rooming house is to be located.
No newly constructed building shall be located less than 50
feet from an adjoining property line.
The Township's Sewage Enforcement Officer shall submit a report
certifying the adequacy of the proposed sewage facilities, except
when connected to public sewer service.
Approval shall be conditional upon an inspection and report
by the UCC Code Official.
All machinery used in the sawmill operation shall be located
at least 500 feet from any residential use and at least 50 feet from
all property lines.
All power saws and machinery shall be secured against tampering
and locked when not in use.
All sawmill by-products, except products composted on site,
shall be disposed of on a frequent and regular basis.
Portable sawmill operations shall not be operational on a parcel
not owned by the owner/operator for longer than six months. A temporary
use permit shall be required prior to the beginning of operations
and shall indicate the termination date of said operation, except
operations of less than one-week duration.
[Amended by Ord. No. 2020-01, 8/5/2020]
Parking areas shall be set back 25 feet when situated next to land zoned for or in residential use and provided with buffering, landscaping and screening in accordance with §§ 27-1624 and 27-1627 of this chapter, the Township's Subdivision and Land Development Ordinance,[20] and applicable provisions in the Township's Construction
Specification Manual.
All buildings shall be set back at least 100 feet from any abutting
property zoned for or in residential use.
All maintenance, repair, rebuilding or construction training
shall be conducted within a completely enclosed building.
Parking areas shall be set back 25 feet when situated next to land zoned for or in residential use and provided with buffering, landscaping and screening in accordance with §§ 27-1624 and 27-1627 of this chapter, § 22-711 of the Township's Subdivision and Land Development Ordinance, and applicable sections of the Township's Construction Specification Manual.
All buildings shall be set back at least 100 feet from any abutting
property zoned for or in residential use.
Passenger drop-off and pickup areas shall be provided on site
and arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site.
No part of the street right-of-way, no sidewalks or other area
intended or designed for pedestrian use, no required parking areas,
and no part of the front yard shall be occupied by outdoor storage
or display.
Parking for the individual storage units shall be provided by
parking/driving lanes adjacent to the buildings. These lanes shall
be at least 20 feet wide.
Structures originally designed and fabricated for transportation
on streets and highways using their own wheels and arriving at the
site where they are to be utilized complete and ready for use, except
for minor and incidental unpacking and assembly operations, for location
on jacks or permanent foundations, connection to utilities and the
like, including but not limited to structures originally designed
as mobile homes, as vans, or as busses, are not permitted as storage
structures.
All self-storage and mini-storage facilities shall be screened from any residential use or residential zoning district in accordance with § 27-1506 of this chapter.
Prohibited Uses.
Auctions, except as provided in the Self-Service Storage Act.[21]
Commercial wholesale or retail sales not related to the storage
activity.
Garage sales.
The operation of power tools, spray painting equipment, compressors,
welding equipment, kilns, or similar tools and equipment.
A moving or storage business.
Any use that is noxious or offensive because of odors, dust,
noise, fumes or vibrations.
The site shall be fenced to prevent unauthorized entrance.
The facility shall be operated only from 10:00 a.m. to dusk
Monday through Saturday, and 12:00 p.m. to 5:00 p.m. on Sundays.
The facility shall comply with all applicable federal, state,
and local regulations, including, but not limited to, those pertaining
to the use and storage of weapons and ammunition.
A minimum lot size of 50 acres is required. The range shall
be designed and constructed in accordance with the National Rifle
Association's standards for the particular type of range, or according
to national standards for archery ranges, whichever applies. The range
shall be used for only the type of firearms and arrows for which it
is designed to accommodate. The range shall be operated in strict
accordance with the National Rifle Association's standards for operation
and safety. The range shall not be lighted for nighttime use. The
safety of the adjoining properties shall be a primary consideration
in the location and design of the facility. Adjacent areas must be
predominantly undeveloped and the range area must be at least 300
feet from any property or street line, and must be at least 1,000
feet from any existing residential dwelling that is not on the same
property.
All applicable environmental requirements of Part 15 of this chapter must be complied with.
The shopping center or mall must have direct access via a street
or roadway that meets the standards for collector or arterial roadways
as designated by the Township's Comprehensive Plan.
Off-street parking shall be provided in accordance with Part 16 of this chapter.
Stormwater drainage requirements of the Township's Stormwater
Ordinance[22] must be complied with.
All parking areas shall be designed and constructed in accordance
with all applicable Township ordinances and regulations.
The use shall be connected to a centralized water and sewerage
system.
All retail uses associated with the shopping center or mall
but not located within an enclosed building, such as in an interior
courtyard, shall be considered a retail store or stores and regulated
accordingly.
The applicant shall furnish a traffic study based upon the expected
number of vehicle trips generated from the proposed use and the current
traffic volumes on roads connecting the site with arterial roads.
Such study shall comply with the Shrewsbury Township Subdivision and
Land Development Ordinance[23] and identify any resulting traffic congestion or safety
problems, as well as mitigation measures.[24]
If the use is not located within the Agriculture District, the
following shall apply.
Any structure used for the boarding of horses shall be set back
at least 200 feet from any property line, and shall be maintained
to minimize odors perceptible at the property line.
All outdoor training or show facilities or areas shall be set
back 100 feet from all property lines and enclosed by a minimum four-foot-high
fence, which will be located at least 10 feet from all property lines.
All parking lots and unimproved overflow parking areas shall
be set back at least 25 feet from adjoining lot lines.
All live animals held outside shall be within secure holding
pens or runways sufficiently large to accommodate all animals without
crowding and not located within the front yard.
All animal waste shall be regularly cleaned up and properly
disposed of in a way that prevents objectionable odor at the site's
property line.
The loading of live animals and their movement into the plant
shall be conducted with minimal noise and only during the hours between
8:00 a.m. and 9:00 p.m.
No exterior animal holding pens and/or areas devoted to loading/unloading
of animals shall be located within 200 feet of any property line or
500 feet of any land within a residential zone.
All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot-wide landscaped buffer strip in compliance with § 27-1506 of this chapter.
A working plan for the removal of deceased animals shall be
submitted and continuously implemented by the applicant. In no case
shall a deceased animal remain on the site for more than 24 hours.
All access drives onto the site shall be paved for a distance
of at least 200 feet from the street right-of-way line. In addition,
a fifty-foot-long gravel section of driveway will be placed just beyond
the preceding two-hundred-foot paved section to collect muck from
a vehicle's wheels. The owner and/or operator shall be responsible
for removing any muck from public roads caused by persons traveling
to and from the site.
Off-street parking and loading areas must be provided in compliance with Part 16 of this chapter. No parking or loading/unloading shall be permitted on or along any public road.
All outdoor loudspeaker and lighting systems shall be designed, arranged, and operated in compliance with Part 15 of this chapter.
All swimming pools with a surface area of 100 square feet or
more or a depth in excess of two feet shall be completely surrounded
by a fence or wall not less than four feet in height. However, a fence
is not required for all swimming pools located more than four feet
above the ground level if provided with a lockable, retractable ladder.
A dwelling, accessory building, or decorative wall feature may
be used as part of such enclosure.
All gates or doors opening through such enclosure shall be equipped
with a self-closing and self-latching and locking device for keeping
the gate or door securely closed at all times when not in actual use,
except the door of any dwelling which forms a part of the enclosure
is equipped with an alarm.
No swimming pool or filtration system shall be located in the
side yard or front yard, and shall not be located closer than five
feet to the rear property line or side property lines; however, the
required fence enclosure may be located in one of the required side
or rear setbacks.
[Amended by Ord. No. 2020-01, 8/5/2020]
Approved filtration systems and circulators must be provided
for all pools, except such exempt or non-exempt wading pools as are
emptied on a daily basis as hereinafter provided.
All pool installations shall conform to all applicable building
codes.
In no case shall water in the pool or pool area be permitted
to emit an offensive odor or create any unhealthful condition. Further,
it shall be a violation of this chapter to cause or allow drainage
onto adjoining land, public or private, or into a storm drain or watercourse.
No pool shall be located under any electric power lines (including
service lines), and the pool must be located at least 10 feet (measured
horizontally) from such power lines.
No water shall be placed in the pool until a fence, as required
by this section, has been completed.
Conventional wading pools less than the area and depth requirements in Subsection 1 above shall be exempt from fencing and filtration requirements.
No part of the tavern, bar, pub, or similar use shall be located
within 500 feet of a residential district or within 200 feet of a
dwelling, except within the Historical Village Overlay District.
The applicant shall furnish evidence that the proposed use shall
not be detrimental to the use of adjoining properties due to hours
of operation, light and/or litter or other nuisance such as loitering
outside the building. The owner shall be responsible for ensuring
no nuisances are allowed to adversely affect neighboring people or
properties.
The applicant shall be responsible for ensuring that the noise requirements of § 27-1511 of this chapter are complied with.
[Added by Ord. No. 2023-05, 11/1/2023]
Provide only short-term overnight lodging. Maximum guest stay
shall be limited to seven days in a calendar month.
The maximum number of guest rooms shall be four per structure.
Individual guest rooms and suites may include partial facilities
for cooking.
Individual guest rooms shall be served by a separate bathroom
facilities. Occupancy of whole house by an individual or individual
family requires only one bathroom facility.
Parking requirements shall be one space for each guest room
plus one space for each property (for management/maintenance).
Access shall be via a street or roadway that meets the standards
for collector or arterial roadways as designated by the Township's
Comprehensive Plan.
A traffic impact assessment shall be submitted in accordance
with Part 600 of the Township's Subdivision and Land Development Ordinance.
Landscaping and a buffer yard shall be required. The buffer yard shall be at least 150 feet if adjacent to a residential use and shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or unloading, or storage of any kind. A screen shall be provided the length of the buffer yard adjacent to an existing residential use or district. All screening, buffering and landscaping shall be in accordance with § 27-1506 of this chapter.
Off-street parking shall be in accordance with Part 16 of this chapter plus the largest number of transportation vehicles permitted to be on the site at one time according to the approved development plan.
Storage of materials shall conform to all applicable state and
federal regulations.
No travel trailers or other recreational vehicles may be used
or occupied for dwelling purposes except for sleeping by visitors
of the owners of the lot for periods which cumulatively do not exceed
14 days in any one-hundred-twenty-day period, and shall be located
in a side or rear yard.
If small animals are to be treated (dogs, cats, birds, and the
like), such hospital or office shall have minimum lot areas as specified
for such district.
If large animals are to be treated (cows, horses, pigs, and
the like), such office or hospital shall have a minimum lot size of
five acres and be located a minimum of 300 feet from any residence
or vacant residential lot.
No outdoor boarding of small animals shall be permitted.
The following uses shall be considered village shops in the
Historic Village Overlay District:
Arts and crafts manufacturing.
Woodworking, furniture, and cabinet making shops.
Tailor, seamstress and shoe repair shops.
Art gallery and/or studio.
Bakery, retail only.
Bicycle sales, service and rental.
Retail store.
Artesian; metalworking, blacksmith and glass blowing.
Personal services including, but not limited to, barber/beauty
salons, music, art or photography studios, and repair of clocks, jewelry,
and small appliances.
Bakery/cafe, provided that all goods made or processed are sold
at retail on premises.
Retail sales, excluding adult-oriented facilities and providing the maximum total sales and/or display area is 1,500 square feet (see § 27-1404).
Outdoor storage of supplies, materials or products shall be
located behind the building in which the business is located, and
shall also be screened from adjoining roads and properties.
Only merchandise vended by the village shop may be displayed
outside of the building.
Uses shall submit a traffic impact assessment in accordance
with the Township's Subdivision and Land Development Ordinance.[25]
All permitted and special exception uses shall be permitted
one wind energy system.
All accessory wind energy systems shall be designed for private
use.
Wind Energy Systems (including Windmills).
No wind energy system shall be located on a parcel less than
20,000 square feet.
All windmills, except single pole structures, shall be enclosed by a fence in compliance with § 27-1507 of this chapter. Such fence shall be located at least five feet from the base of such windmill. Guy wires may be located outside the fenced area.
No wind powered turbine for private use shall be greater than
10 kWh.
No windmill for private use shall be greater than 50 feet in
height.
No windmill shall be permitted the design of which permits any
vane, sail or rotor blade to pass within 20 feet of the ground.
All electrical wiring leading from a windmill shall be located
underground.
Windmills may be located within the required rear or side setbacks
provided they are no closer than 1 1/2 times their height from the
nearest inhabitable structure not located on the same parcel as the
windmill.
The vibration control standards of § 27-1512 of this chapter shall be complied with.
[Amended by Ord. No. 2022-01, 3/2/2022[26]]
A permit shall be required for every wind collection system
installed at any location in the Township.
All other uses ancillary to the wind collection system (including
a business office, maintenance depot, etc., greater than 1,000 square
feet) are prohibited from the wind collection system, unless otherwise
permitted in the zoning district in which the wind collection system
is located. This shall not prohibit the installation as accessory
structures of equipment containers not intended for human occupancy
to house only equipment necessary for the operation of the wind collection
system.
A wind collection system as a second principal use. A wind collection
system shall be permitted on a property with an existing use subject
to the following standards:
The minimum lot area, minimum setbacks and maximum height required
by this chapter for the wind collection system shall apply, and the
land remaining for accommodation of the existing principal use(s)
on the lot shall also continue to comply with the minimum lot area,
density and other requirements.
The vehicular access to the equipment building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
The applicant shall present documentation that the owner of
the property has granted an easement or other legal interest for the
land for the proposed collection system and that vehicular access
is provided to the collection system.
Standards:
Wind Collection System Height. The applicant shall demonstrate
that the wind turbines are at the minimum height required to function
satisfactorily according to industry standards or as indicated by
local wind profiles. No wind turbine that is taller than this minimum
height shall be approved. The height of the turbine shall be measured
from the lowest point at ground level to the highest point of the
turbine blade.
Parcel Size.
Separate Parcel. If the parcel on which the wind collection
system is proposed is a separate and distinct parcel, the zoning district
minimum lot size shall apply and, in all cases, the lot shall be of
such size that all required setbacks are satisfied.
Setbacks.
Occupied Buildings.
Wind turbines shall be set back from the nearest occupied building
a distance not less than the normal setback requirements for that
zoning classification or 1.1 times the turbine height, whichever is
greater. The setback distance shall be measured from the center of
the wind turbine base to the nearest point on the foundation of the
occupied building.
Wind turbines shall be set back from the nearest occupied building
located on a nonparticipating landowner's property a distance
of not less than five times the hub height, as measured from the center
of the wind turbine base to the nearest point on the foundation of
the occupied building.
Property Lines: All wind turbines shall be set back from the
nearest property line a distance of not less than the normal setback
requirements for that zoning classification or 1.1 times the turbine
height, whichever is greater. The setback distance shall be measured
to the center of the wind turbine base.
Public Roads: All wind turbines shall be set back from the nearest
public road a distance of not less than 1.1 times the turbine height,
as measured from the right-of-way line of the nearest public road
to the center of the wind turbine base.
Wind Collection System Support Structure Safety. The applicant
shall demonstrate that the proposed wind turbines are safe and the
surrounding areas will not be negatively affected by structure failure,
falling ice or other debris, electromagnetic fields, or radio frequency
interference. All wind turbines shall be fitted with anticlimbing
devices, as approved by manufacturers. The applicant shall submit
certification from a Pennsylvania-registered professional engineer
that a proposed wind collection system and support structure will
be designed and constructed in accord with accepted engineering practices
and all requirements of any applicable construction code. Within 45
days of initial operation, the owner and/or operator of the wind collection
system shall provide a certification from a Pennsylvania-registered
professional engineer that the wind collection system and all structures
comply with all applicable regulations.
Fencing. A fence may be required around wind turbines and other
equipment, unless the design of the structures adequately provides
for safety.
Landscaping. Landscaping may be required to screen as much of
the wind collection system ground features as possible, the fence
surrounding the support structure, and any other ground level features
(such as a building), and in general buffer the wind collection system
ground features from neighboring properties. The Township may permit
any combination of existing vegetation, topography, walls, decorative
fences or other features instead of landscaping, if the same achieves
the same degree of screening as the required landscaping.
Licenses; Other Regulations; Insurance. The applicant must demonstrate
that it has obtained the required licenses from governing state and
federal agencies. The applicant shall also document compliance with
all applicable state and federal regulations. The applicant shall
submit the name, address and emergency telephone number for the operator
of the wind collection system.
Access; Required Parking. Access to the wind collection system
shall be provided by means of a public street or easement to a public
street. The easement shall be a minimum of 20 feet in width and shall
be improved to a width of at least 10 feet with a dust-free, all-weather
surface for its entire length. If the wind collection system site
is fully automated, adequate parking shall be required for maintenance
workers. If the site is not automated, the number of required parking
spaces shall equal the number of people on the largest shift.
Color and Lighting; FAA and PA DOT Notice. Wind turbines shall
comply with all applicable Federal Aviation Administration (FAA) and
PA DOT Bureau of Aviation regulations. No wind turbines may be artificially
lighted except as required by FAA requirements. The applicant shall
provide a copy of the response to notice of proposed construction
or alteration forms submitted to the FAA and PA DOT Bureau of Aviation.
Communications Interference. The applicant shall document that
the radio, television, telephone or reception of similar signals for
nearby properties will not be disturbed or diminished, and this shall
be accomplished by remedial measures instituted by the wind collection
system developer.
Historic Structures. A wind collection system shall not be located
within 500 feet of any structure listed on any public historic register.
Discontinued Use. Should any wind collection system cease to
be used, for a period of one year, the wind collection system will
be considered to be abandoned. The owner or operator or then owner
of the land on which the wind collection system is located, shall
be required to remove the same within one year from the abandonment
of use. Failure to do so shall authorize the Township to remove the
facility and assess the cost of removal to the foregoing parties.
The Township may also file a municipal lien against the land to recover
the costs of removal and attorney's fees.
Site Plan. A full site plan shall be required for all wind collection
system sites, showing the wind collection system, wind turbines, building,
fencing, buffering, access, and all other items required for uses
by this chapter.
A winery is the production and harvesting of grapes (or other
fruits) and the manufacturing of wine.
The following regulations apply to a winery located in the Agricultural
District:
No part of the winery or similar use, except the growing of
grapes (or other fruits) shall be located within 500 feet of a residential
district or within 200 feet of a dwelling.
Twenty-five percent of the grapes (or other fruits) used in
the manufacturing of wine shall be produced on the premises.
The applicant shall furnish evidence that the proposed use shall
not be detrimental to the use of adjoining properties due to hours
of operation, light and/or litter or other nuisance. The owner shall
be responsible for ensuring no nuisances are allowed to adversely
affect neighboring people or properties.
Evidence must be provided to the Township that the sanitary
sewer system (on-lot or public) has been approved by the Pennsylvania
Department of Environmental Protection.
The applicant shall be responsible for ensuring that off-street
parking, noise, lighting and all other applicable requirements of
this chapter are complied with.
Wine tasting is permitted on-site, provided the following criteria
are met:
Wine tasting shall only be for the products processed on premises.
The tasting or sale of wine not produced on-site is prohibited.
Retail sale of wine-related items is permitted, such as products
to display, serve, or taste wine, or written material wine or the
experience of consuming the same, or apparel displaying the name and/or
logo of the specific wine.
There shall be no outside display of wine products or retail
related items.
Hours of operations shall be between the hours of 8:00 a.m.
and 9:00 p.m.
Days of wine tasting shall not exceed three days per week.
Special events shall meet the following criteria:
A special events permit shall be issued by the Shrewsbury Township
Zoning Officer in accordance with this chapter, including, but not
limited to, meeting the requirements for adequate off-street parking,
utilities, traffic safety, and emergency services.
There shall be no more than six special events in a calendar
year and no event shall exceed four consecutive days.
Adequate off-street parking and public facilities, services,
and utilities shall be provided.
Food is permitted provided it is catered; food cannot be prepared
on-site.
Weddings will require special exception approval from the Zoning
Hearing Board.
The following regulations apply to a winery located in the Commercial
and the Interchange Districts:
The applicant shall furnish evidence that the proposed use shall
not be detrimental to the use of adjoining properties due to hours
of operation, light and/or litter or other nuisance. The owner shall
be responsible for ensuring no nuisances are allowed to adversely
affect neighboring people or properties.
The applicant shall be responsible for ensuring that off-street
parking, noise, lighting and all other applicable requirements of
this chapter are complied with.
Wine tasting is permitted on-site, provided the following criteria
are met:
Wine tasting shall be permitted for products processed on-site
and off-site. The tasting or sale of wine produced off-site is permitted.
Retail sale of wine related items is permitted, such as products
to display, serve, or taste wine, or written material wine or the
experience of consuming the same, or apparel displaying the name and/or
logo of the specific wine.
There shall be no outside display of wine products or retail
related items.
Special events shall meet the following criteria:
A special events permit shall be issued by the Shrewsbury Township
Zoning Officer in accordance with this chapter, including, but not
limited to, meeting the requirements for adequate off-street parking,
utilities, traffic safety, and emergency services.
There shall be no more than one special event per month; no
event shall exceed four consecutive days.
Adequate off-street parking and public facilities, services,
and utilities shall be provided.
Food is permitted and can be prepared on-site, provided food
preparation is in compliance with Pennsylvania Department of Agriculture
regulations.
[7]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
[9]
Editor's Note: See 32 P.S. § 679.101 et seq.
[11]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[12]
Editor's Note: See 52 P.S. § 3301 et seq.
[21]
Editor's Note: See 73 P.S. § 1901 et seq.
[24]
Editor's Note: The former use "solar farm," which immediately
followed this use, was repealed by Ord. No. 2022-01, 3/2/2022. See
now the use "electric generation facility, commercial use (FTM)."
[26]
Editor's Note: This ordinance also repealed the former use
"wind energy systems for private use," which immediately preceded
this use.
