The supplementary regulations in this article supplement the
requirements governing each zoning district and shall apply to all
uses in all zoning districts.
The following standards shall apply to all permitted uses and
conditional uses in all zoning districts. In order to determine whether
a proposed use will conform to the requirements of this chapter, the
Board of Supervisors or Zoning Hearing Board may require a qualified
consultant to testify, whose cost for services shall be borne by the
applicant.
A. Environmental performance standards. All properties shall be subject
to the following environmental performance standards.
(1)
Floodplains. All areas identified as flood-prone by the Federal Insurance Administration of the Department of Housing and Urban Development shall be subject to the regulations of Chapter
97, Floodplain Management, as now or hereafter amended.
(2)
Steep slopes. Steep slopes in excess of 25% may be disturbed
by grading, alteration or removal of vegetation only if a geotechnical
report prepared by a civil engineer registered in the Commonwealth
of Pennsylvania with experience in geotechnical engineering is submitted
that indicates the following:
(a)
The finished slopes after excavating or grading will be stable
and will not create hazards for adjoining property from erosion, sedimentation
or stormwater runoff.
(b)
The foundations of any structures proposed to be erected in
any natural steep slope areas or any steep slope areas which have
been disturbed will be structurally sound, including recommendations
for special foundation design, if warranted.
(c)
Restoration of all slopes from which cover has been removed
shall be finished and seeded within a reasonable time after such clearance
activity. The phrase "a reasonable time" shall mean within 30 days
after grading and/or construction activities are completed, unless
those activities are completed between November 1 and April 1. In
such cases, the required seeding or sodding shall occur by May. In
all cases, erosion and sedimentation control measures shall be maintained
on the site until replacement cover can be accomplished.
(3)
Areas with adverse subsurface conditions.
(a)
On sites where there is a history of adverse subsurface conditions
or where available soils information or other geotechnical data indicates
the potential for landslides, subsidence or other subsurface hazards,
a geotechnical report by a qualified registered professional engineer
shall be submitted regarding soil and subsurface conditions and the
probable measures needed, if any, to be considered in the design of
the development and its infrastructure, the location of structures
and the design of foundations.
(b)
The geotechnical report shall provide, at a minimum, the following
information. Any site-specific issues identified by the applicant's
geotechnical engineer, not specifically listed below, shall be addressed
in the geotechnical study:
[1]
Foundation bearing materials and associated settlement.
[2]
Fill embankment base preparations, support, maximum allowable
slope, suitable borrow material and compaction requirements.
[3]
Maximum allowable slope and stability of cut slopes.
[4]
Coal mining below the site, mine location and amount of cover
and measures to prevent mine subsidence, if required.
[5]
Presence and control of groundwater.
[6]
Identification of potentially expansive carbonaceous materials
or slag to be encountered in excavations and measures to prevent their
detrimental effects.
[7]
Delineation of on-site fill materials and their impact on site
development.
[8]
All areas where public infrastructure is proposed.
(c)
Geotechnical engineering reports shall be signed and sealed
by a professional engineer registered in the Commonwealth of Pennsylvania.
(d)
The Township Engineer may require that the geotechnical engineering
report and site development drawings be reviewed by a separate geotechnical
engineering consultant selected by the Township. The applicant required
to submit the report shall be required to pay for the cost of the
independent consultant review.
(4)
Debris. All operations shall be conducted in such a manner to
minimize the accumulation of debris, pools of water or other liquids,
contaminated soil, weeds, brush or other waste materials and shall
be in accordance with the best management practices incident to the
operations in urban/suburban/rural areas. All equipment used shall
be constructed and operated so that dirt, dust, debris or other harmful
or annoying effects are minimized by the operations carried on at
these facilities to avoid injury to or annoyance to persons living
in the vicinity. All applicants shall regularly monitor the site and
adjacent properties for cleanliness and will remove debris and trash
generated at the facility. When and if any construction activity or
operation becomes inactive or abandoned for more than one month, the
owner and/or operator shall immediately clean the site of all accumulated
debris and trash, and complete the restoration of the site.
B. Noise. The ambient noise level of any operation, other than those exempted in Subsection
B(4) below, shall not exceed the decibel levels prescribed. The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, ambient noise level is the average decibel level recorded during observations taken in accordance with the procedure specified below taken at any time when the alleged offensive noise is audible, including intermittent, but recurring, noise.
(1)
Averaging may be done by instrument analysis in accordance with
American National Standard S. 13-1971, or may be done manually as
follows:
(a)
Observe a sound level meter for five seconds and record the
best estimate of central tendency of the indicator needle, and the
highest and lowest indications.
(b)
Repeat the observations as many times as necessary to determine
that there are decibels between the lowest low indication and the
highest high indication.
(c)
Calculate the arithmetical average of the observed central tendency
indications.
(2)
No operation or activity shall cause or create noise in excess
of the sound levels prescribed below:
(a)
Residential districts. At no point beyond the boundary of any
lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 60
dBA.
(b)
Business districts. At no point on or beyond the boundary of
any lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 65
dBA.
(3)
Where two or more zoning districts in which different noise
levels are prescribed share a common boundary, the most restrictive
noise level standards shall govern.
(4)
The following uses or activities shall be exempted from the
noise regulations:
(a)
Customary and usual farming activities in all zoning classifications.
(b)
Noises emanating from construction or maintenance activities
between 7:00 a.m. and 9:00 p.m.
(c)
Noises caused by safety signals, warning devices and other emergency-related
activities or uses.
(d)
Noises emanating from public recreational uses between 7:00
a.m. and 10:00 p.m.
(5)
In addition to the above regulations, all uses and activities
within the Township shall conform to all applicable county, state
and federal regulations. Whenever the regulations contained herein
are at variance with any other lawfully adopted rules or requirements,
the more restrictive shall govern.
C. Vibrations. Except for vibrations emanating from construction or
maintenance activities between 7:00 a.m. and 9:00 p.m., vibrations
detectable without instruments on neighboring property in any district
shall be prohibited.
D. Glare. Lighting devices which produce objectionable direct or reflected
glare greater than one footcandle on adjoining properties or public
streets shall not be permitted.
E. Fire hazards. Any activity involving the use or storage of flammable
or explosive materials shall be protected by adequate firefighting
and fire-suppression equipment and by such safety devices as are normally
used in the handling of any such material.
F. Radioactivity or electrical disturbance. No activity shall emit dangerous
radioactivity or electrical disturbance adversely affecting the operation
of any equipment other than that of the creator of such disturbance.
G. Odors. No malodorous gas or matter shall be permitted which is discernible
on any adjoining lot or property.
H. Air pollution. No pollution by air by fly ash, dust, vapors or other
substance shall be permitted which is harmful to health, animals,
vegetation or other property, or which can cause excessive soiling.
I. Erosion. No erosion, by water, shall be permitted which will carry
objectionable substances onto neighboring properties.
J. Water pollution. Pollution of water shall be subject to the requirements
and regulations established by the State Environmental Quality Board.
K. Determination of compliance with performance standards. During the
review of an application for zoning approval, the applicant may be
required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Township may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues and the Township may seek advice from a qualified
technical expert. All costs of the expert's review and report
shall be paid by the applicant. A negative report by the technical
expert and the applicant's refusal or inability to make alterations
to ensure compliance with this section shall be a basis for denying
approval of the application.
L. Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation
of the performance standards and, subject to the approval of the Board
of Supervisors, may employ qualified technical experts to assist in
the determination of a violation. Costs of the services of such experts
shall be paid by the owner or operator of the facility or use accused
of the violation if the facility or use is found to be in violation.
If the facility or use is found to be in compliance with the performance
standards, said costs shall be borne by the Township.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with §
200-1202 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
In addition to the yard requirements specified in each zoning
district, the following yard requirements shall apply in all zoning
districts to the applicable circumstances described below:
A. Corner lots. Corner lots shall provide front yards on each street
frontage. The remaining two yards shall constitute side yards.
C. Accessory structures:
(1)
Swimming pools.
(a)
Swimming pools accessory to a dwelling shall meet the following
requirements:
[1]
The pool shall be used solely for the enjoyment of the occupants
of the principal use of the property on which it is located.
[2]
The pool and any accessory walks, paved areas and structures
shall be located no closer than 20 feet to any property line of the
property on which it is located.
[3]
The swimming pool area, or the entire property on which it is
located, shall be walled or fenced to prevent uncontrolled access
by children from the street or from adjacent properties, said fence
or wall to be not less than four feet in height and maintained in
good condition.
[4]
The wall or fence enclosing the pool shall be secured with a
self-latching gate and shall be constructed in accordance with the
requirements of the Uniform Construction Code (UCC).
(b)
Community or club swimming pools constructed by an association
of property owners, or by a private club for use and enjoyment by
members of the association or club and their families, shall comply
with the following conditions and requirements:
[1]
The pool shall be used solely for the enjoyment of the members
and families and guests of members of the association or club under
whose ownership or jurisdiction the pool is operated.
[2]
The pool and accessory structures thereto, including the areas
used by the bathers, shall not be closer than 100 feet to any property
line of the property on which it is located.
[3]
The swimming pool and all of the area by the bathers shall be
so walled or fenced as to prevent uncontrolled access by children
from the street or adjacent properties. Said fence or wall shall not
be less than six feet in height and maintained in good condition.
The area surrounding the enclosure, except for the parking spaces,
shall be suitably landscaped with grass, hardy shrubs, and trees and
maintained in good condition.
(2)
Other accessory structures.
(a)
In the A-1 District, storage structures and other accessory
structures, including detached garages, may be located in the minimum
required front, side or rear yards, provided that they are at least
10 feet from any property line.
(b)
Storage structures accessory to a single-family dwelling which
have a total floor area of 180 square feet or less shall be located
at least five feet from the rear property line and shall be located
at least 10 feet from a side property line, but shall not be located
in any front yard. All storage structures accessory to a dwelling
which have a total floor area of more than 180 square feet and all
detached garages shall not be located in the minimum required front
yard, minimum required rear yard or minimum required side yards.
(c)
Storage structures and other accessory structures in the B-1
District shall be located at least 20 feet from the side or rear property
lines and shall not be located in any required front yard.
(3)
Exemption for lots of record. Lots of record in any R District in existence at the date of adoption of this chapter may be exempt from the requirements of this §
200-704C, provided that the standards specified in §
200-1003 are met.
D. Visibility at intersections. No object, including, without limitation,
fences, hedges, trees and other plantings, buildings, structures,
walls, signs and motor vehicles, exceeding a height of three feet
as measured from the lowest elevation of the center line of any abutting
street, shall be temporarily or permanently placed, erected, installed
or parked within the clear sight triangle required on a corner lot.
The required clear sight triangle on a corner lot shall be determined
as follows: The street lines abutting the corner lot shall form the
legs of the clear sight triangle. Each of the legs shall extend a
distance of 30 feet from the point of intersection of the street lines
abutting the corner lot. The hypotenuse of the clear sight triangle
shall be formed by drawing a straight line joining the legs at their
farthest point from the vertex of the triangle. (See illustration
in Appendix A.)
The following shall be permitted to project into any required
yard in any zoning district as follows:
A. Typical architectural features, including, but not limited to, bay
windows, window sills, chimneys, cornices and eaves, shall be permitted
to project into required yards no more than 18 inches.
B. Decks and their stairs and unenclosed porches without enclosed habitable
foundation and without a roof shall be permitted to project into required
front and side yards no more than three feet and shall be no closer
to the rear property line than 20 feet.
C. Steps attached to the principal building and open fire escapes shall
be permitted to project into required yards no more than 36 inches.
The height limitations of this chapter shall not apply to the
following structures: church spires, chimneys, elevator bulk heads
and other mechanical equipment which is part of the principal structure,
conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks,
public utility structures, and other structures not intended for human
habitation which do not exceed the height limitations of the zoning
district by more than 15 feet.
All businesses which propose drive-through facilities, as defined
by this chapter, as accessory uses or principal uses shall meet all
of the following requirements:
A. The property shall have frontage on and direct vehicular access to
an arterial or collector street, as defined by this chapter.
B. In addition to the parking spaces required for the principal use,
a minimum of five standing spaces, in one lane, with a total length
of 100 feet, in direct line with each window or stall shall be provided
for vehicles to wait in line. The standing space shall not interfere
with the use of any required parking spaces and shall not inhibit
the free flow of traffic on the property. The standing spaces shall
be designed so that waiting vehicles shall not stand in any right-of-way
or overflow onto adjacent properties, streets, or berms.
C. Entrances, exits and standing spaces shall be adequately indicated
with pavements markings and/or directional signs.
D. Parking areas and circulation patterns shall be adequately striped
and marked to facilitate traffic circulation on the property.
Temporary construction trailers, model homes or sales offices
shall be permitted in any zoning district subject to the following
conditions:
A. Temporary construction trailers shall be permitted only during the
period that the construction work is in progress under a valid building
permit or under Township approval to install public improvements.
The temporary construction trailer shall be removed upon completion
of the construction authorized under a building permit or upon completion
of the installation of the public improvements in a plan of subdivision.
In the event that construction is phased, the temporary construction
trailer shall be moved from the completed phase to the next phase
when 90% of the required improvements in the completed phase have
been installed as determined by the Township Engineer.
B. Model homes or sales offices shall be permitted only until 90% of
the lots or dwelling units in the development are sold. In the case
of a phased development, the use of a model home or sales office shall
be permitted to continue only if the subsequent phase is initiated
within six months of the completion of 90% of the lots or dwelling
units in the prior phase.
C. A permit for the temporary structure or use shall be obtained from
the Zoning Officer prior to the commencement of construction and shall
be renewed every six months.
D. Temporary construction trailers shall be located on the lot on which
the construction is progressing and shall not be located within 25
feet of any property line adjoining residential use.
E. Temporary construction trailers shall be used only as temporary field
offices and for storage of incidental equipment and supplies and shall
not be used for any dwelling use, whatsoever.
F. No combustible materials shall be stored in temporary construction
trailers.
G. Model homes shall be located on a separate lot and shall meet all
the requirements for permanent dwellings in the zoning district in
which they are located. Sales offices may be located in a model home
or may be located in a trailer located on a vacant lot in the plan
or on the site of construction. If the sales office is located in
a trailer, the trailer shall not be located within 25 feet of any
property line adjoining residential use.
H. Model homes or sales offices located in a trailer shall not be utilized
for any dwelling use, whatsoever, during the time they are approved
as a temporary use or structure in accordance with the provisions
of this section.
I. Model homes or sales offices shall be used primarily for sales associated
with the development in which they are located and shall not be used
as the only place of business for the listing realtor.
Agriculture, as defined herein, greenhouses, boarding stables,
private stables and kennels, where authorized by this chapter, shall
be subject to the following requirements:
A. Storage of manure shall be located at least 200 feet from any property
line.
B. All kennels and buildings used for the sheltering, raising or feeding
of livestock and poultry shall be located at least 85 feet from any
street line or property line or 300 feet from any adjacent landowner's
dwelling, whichever is greater.
C. Concentrated animal operations shall be subject to compliance with
the PA Nutrient Management Act (3 Pa.C.S.A. § 501 et seq.).
D. Greenhouse heating plants shall be at least 100 feet from any property
line. The retail sales area for a greenhouse shall not exceed 1,000
square feet for every 10 acres of land farmed. The growing area shall
not be considered sales area.
E. The minimum lot area for keeping horses shall be five acres. The
maximum number of horses kept shall be no more than one horse per
acre on properties of at least five acres, but less than 10 acres.
On properties of 10 acres or more, the maximum number of horses kept
shall be two horses per acre.
F. All grazing and pasture areas shall be adequately fenced.
When required, all new construction and additions or enlargements
of existing structures or facilities shall comply with the most recent
regulations for accessibility as specified in the Americans with Disabilities
Act (ADA).
A mobile home which is proposed to be used as a single-family
dwelling and is to be erected on an individual lot of record outside
a mobile home park shall meet the following requirements:
A. The lot shall meet all applicable requirements for a single-family
dwelling in the zoning district in which it is proposed to be located.
B. The mobile home shall meet the specifications for manufacture of
mobile homes as set forth in the United States Standards Institute,
"Standards for Mobile Homes," USA Standard A119.1-1969, NFPA No. 501B-1968,
and any subsequent modification or amendment of such standards.
C. The mobile home shall bear the seal of the United States Department
of Housing and Urban Development (HUD).
D. The mobile home shall be installed upon, and securely fastened to,
a frost-free foundation or footer, and, in no event, shall it be erected
on jacks, loose blocks or other temporary materials.
E. An enclosure of compatible design and material shall be erected around
the entire base of the mobile home. Such enclosure shall provide sufficient
ventilation to inhibit decay and deterioration of the structure.
F. The mobile home shall be connected to public water and a public sewer
system, if available. If not, the owner shall provide a potable water
supply from his own, or an adjacent well, and shall provide an on-lot
sewage disposal system that shall meet the standards of the Pennsylvania
Department of Environmental Protection (DEP).
G. Prior to occupancy, the mobile home shall be connected to available
utilities in order to provide the dwelling unit with adequate heat
and light.
H. Any garage, utility shed or other outbuilding constructed on the
lot shall conform with the standards applicable to such accessory
structures provided in this chapter.
In the A-1 and B-1 Zoning Districts, greenhouses and retail
sales of agricultural products accessory to a farm shall be permitted,
subject to the following regulations:
A. All sales shall be conducted on the premises of a farm or greenhouse,
as defined and regulated by this chapter.
B. At least 50% of the gross sales shall be from products raised, grown
or produced on the farm or in the greenhouse. Products not produced
on the farm or in the greenhouse shall be an incidental part of the
business. Farm-related equipment and supplies may be sold as incidental
items to the business.
C. All permanent structures shall comply with the yard requirements
for principal structures in the A-1 District.
D. Seasonal roadside stands may be located no closer than 15 feet to
any street right-of-way or property line, provided they are removed
at the end of each growing season.
E. Buildings used for retail sales of agricultural products shall not
exceed 1,000 square feet of sales floor area for every 10 acres of
land farmed. No building used for agricultural products shall exceed
5,000 square feet of sales area.
F. Off-street parking for permanent structures shall be provided in accordance with the requirements of §
200-803 for retail businesses. Off-street parking for permanent structures shall be designed in accordance with the requirements of §
200-802.
G. Off-street parking for seasonal roadside stands shall be designed in accordance with §
200-802; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
H. Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of §
200-803 for retail businesses; however, in no case shall less than 10 spaces be provided.
I. Adequate ingress, egress and traffic circulation shall be provided
so that vehicles do not back onto the street right-of-way and do not
park or stand on any street or berm.
J. One nonilluminated freestanding sign shall be permitted to announce
the agricultural sales, provided that the maximum surface area of
the sign shall not exceed 24 square feet, the height of the sign shall
not exceed eight feet and the sign shall be located no closer than
10 feet to any property line or street right-of-way.
No-impact home-based businesses, as defined herein, shall comply
with the following:
A. The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B. The business shall employ no employees other than family members
residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
E. No on-site parking of commercially identified vehicles shall be permitted.
F. The business activity shall 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.
G. The business activity shall not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
H. The business activity shall be conducted only within the dwelling
and shall not occupy more than 25% of the habitable floor area of
the dwelling.
I. The business shall not involve any illegal activity.
Forestry, as defined herein, shall be conducted in accordance
with the following provisions:
A. All operations shall be located at least 300 feet from any existing
dwelling.
B. All operations shall be discontinued between 7:00 p.m. and 7:00 a.m.;
provided, further, that such operations shall not take place during
any hours on Sundays or legal bank holidays.
C. Routes to be used by the hauling trucks shall be approved by the
Township and the operator shall demonstrate that there shall be no
negative impact on Township streets from the proposed operation.
D. A performance bond shall be posted in favor of and in an amount required
by the Township to guarantee restoration of Township streets used
as hauling routes.
E. The applicant shall submit a copy of the state permit for hauling
on state roads.
F. The operator shall be responsible for cleaning dirt and debris from
public streets daily during the operation.
G. The applicant shall supply the Township with the name of an on-site
contact person.
H. Compliance with state laws.
(1)
The applicant shall show compliance with the following laws
and regulations of the commonwealth and all necessary permits shall
be maintained during the operation:
(a)
Erosion and sedimentation control regulations contained in Chapter
102, issued pursuant to the Pennsylvania Clean Streams Law (35 P.S.
§ 691.1 et seq.).
(b)
Stream crossing and wetlands protection regulations contained
in Chapter 105, issued pursuant to the Pennsylvania Dam Safety and
Encroachments Act (32 P.S. § 693.1 et seq.).
(c)
Stormwater management plans and regulations issued pursuant
to the Pennsylvania Storm Water Management Act (32 P.S. § 680.1
et seq.).
(2)
Any suspension or revocation of a state permit shall constitute revocation of the zoning certificate and the operator shall be subject to the enforcement provisions of §
200-1202 of this chapter.
I. A logging plan prepared and sealed by a registered surveyor shall
be submitted which shows at a minimum:
(1)
The design, construction, maintenance and retirement of the
access system, including haul roads, skid roads, skid trails and landings;
(2)
The design, construction and maintenance of water control measures
and structures such as culverts, broad based dips, filter strips and
water;
(3)
The design, construction and maintenance of stream and wetland
crossings, if any; the general boundaries of the proposed operation
in relation to Township and state streets, including any accesses
to those streets;
(4)
The site location, including boundaries of the property and
boundaries of the proposed harvest area;
(5)
Significant topographic features;
(6)
The location of all earth-disturbance activities such as roads,
landings and water control measures and structures;
(7)
The location of all crossings of the waters of the commonwealth.
J. Felling or skidding on or across any public street is prohibited
without the express written consent of the Township or the Pennsylvania
Department of Transportation (PennDOT), whichever is responsible for
maintenance of the street.
K. No tops of trees or debris shall be left within 25 feet of any private
street providing access to adjoining residential property or any public
street.
L. No tops of trees or debris shall be left on any adjoining property
or across any property line without the consent of the adjoining owner.
M. Upon completion of the forestry operation, haul roads shall be restored
to their original condition.
In the A-1 District, agribusiness shall be subject to the following
requirements:
A. The minimum site required shall be 10 acres.
B. The agribusiness shall be supplementary to the principal use of the
property for agriculture.
C. The operator of the agribusiness shall be a member of the family
of the operator of the farm and shall be a resident of the farm.
D. The agribusiness shall be conducted from one or more accessory farm
structures unless the nature of the activity is that it is usually
performed outdoors.
E. The maximum floor area in all structures devoted to the agribusiness
shall be 5,000 square feet.
F. Excluding seasonal workers, no more than five persons who are not
residents on the farm shall be employed in the agribusiness.
G. If customers or clients routinely visit the agribusiness, a minimum
of five parking spaces shall be provided adjacent to the farm structure
in which the agribusiness is conducted. The parking spaces and driveway
leading to them from the public street shall be improved with gravel,
slag or other aggregate material.
H. Bed-and-breakfast, commercial recreation, low-impact on-site sales
accessory to a farm and tourism shall not be considered agribusinesses
and shall only be authorized in accordance with the express standards
and criteria for those specific uses.
I. The annual income derived from the agribusiness shall not exceed
the annual income derived from the agricultural operations on the
farm.