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.
A.
Buffer areas described. Buffer areas, as defined by this chapter and required by § 200-703B, shall meet all of the following criteria:
(1)
Buffer Area A shall contain two rows of plantings. Each row
shall consist of a mixture of 30% deciduous and 70% evergreen spaced
within the row a minimum of 15 feet apart, measured from the vertical
center lines of adjacent trees. The two rows shall be staggered in
a manner which shall result in adjacent trees on two different rows
being no more than 10 feet apart, measured from the vertical center
lines of the trees. The depth of Buffer Area A shall be 25 feet as
measured from the property line. (See illustration in Appendix B.[1])
[1]
Editor's Note: Appendix B is included at the end of this
chapter.
(2)
Buffer Area B shall contain one row of plantings which shall
consist of a mixture of 30% deciduous and 70% evergreen spaced within
the row a minimum of 10 feet apart, measured from the vertical center
lines of adjacent trees. The depth of Buffer Area B shall be 15 feet
as measured from the property line. (See illustration in Appendix
B.)
(3)
Buffer Area C shall be comprised of a continuous, compact evergreen
hedge or line of evergreen trees that will grow together when mature
which are a minimum of six feet in height at the time of planting.
The depth of Buffer Area C shall be 10 feet as measured from the property
line. (See illustration in Appendix B.)
(4)
None of the required plantings shall encroach across any property
line. All plantings shall be located a minimum of 2 1/2 feet
from the property line which constitutes the exterior boundary of
the buffer area.
(5)
In the event that existing vegetation and/or existing topography
provides screening which is adequate to meet the intent of the required
buffer area to screen the buildings, activities and parking areas
from adjoining residential properties, the Board of Supervisors, upon
recommendation by the Planning Commission, may determine that the
existing topography and/or vegetation constitutes all or part of the
required buffer area. If such a determination is made, the applicant
may be required to record a conservation easement of the depth specified
by the Board of Supervisors to guarantee that the existing topography
and/or vegetation will not be disturbed or removed from the approved
buffer area.
(6)
In the event that a public street right-of-way, dedicated and
accepted by the Township, separates the two dissimilar uses specified,
the buffer area shall not be required, provided that the width of
the right-of-way equals or exceeds the width of the required buffer
area and one row of low level plantings or a landscaped earthen mound
is provided on the property to screen headlights from view.
(7)
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 200-704D of this chapter.
(8)
No structures or uses shall be permitted in the required buffer
area, other than active or passive recreation facilities and stormwater
management facilities, provided that the structures or uses do not
interfere with the required plantings in the buffer area and provided
that all plantings are located outside any stormwater management structure.
Structures or uses not permitted within the required buffer area include,
but are not limited to, buildings, accessory structures, parking spaces,
access drives and lighting devices.
B.
Buffer areas required. Buffer areas A, B, and C listed in § 200-703A above are required under the following circumstances:
(1)
Buffer Area A. Buffer Area A shall be required:
(a)
Along all property lines where any development in the B-1 District
adjoins property in an A-1, R-L, R-H or MU Zoning District.
(b)
Where the express standards and criteria for a conditional use in § 200-504 et seq. of this chapter specify that Buffer Area A is required.
(c)
Along all property lines where a planned residential development
(PRD) which contains townhouses or garden apartments adjoins property
in an A-1, R-L, R-H or MU Zoning District.
(2)
Buffer Area B. Buffer Area B shall be required:
(a)
Where the express standards and criteria for a conditional use in § 200-504 et seq. of this chapter specify that Buffer Area B is required.
(b)
Along all property lines where a planned residential development
(PRD) which contains single-family and two-family dwellings adjoins
property in an A-1, R-L, R-H or MU Zoning District.
(3)
Buffer Area C. Buffer Area C shall be required:
(a)
Where the express standards and criteria for a conditional use in § 200-504 et seq. of this chapter specify that Buffer Area C is required.
(b)
On developed properties in the B-1 District where existing conditions
such as building location and existing paving of the parking lot make
it impossible to meet the requirements for Buffer Area B along a property
line which adjoins property in the A-1, R-L, R-H or MU Zoning District.
(c)
Along all property lines in the R-H or MU District where townhouses
and garden apartments adjoin R-H or MU zoned property containing a
single-family dwelling or two-family dwelling.
C.
Conflict between buffer areas and yard requirements. When the width
of a required buffer area is in conflict with the minimum yard requirements
set forth by this chapter, the greater distance shall apply. The buffer
area planting requirement shall be adhered to regardless of the yard
requirement.
D.
Existing structure in buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided that the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure which encroaches on the required buffer area. The required buffer area, as determined by § 200-703B, shall apply on all other sides of the existing structure.
E.
Existing trees in buffer areas.
(1)
Where trees already exist within the required buffer area, these
trees shall remain undisturbed, except that diseased or dead material
may be removed. If it is determined that some healthy trees must be
removed in conjunction with development, a written request to remove
such trees must be submitted to the Township, along with an explanation
detailing the rationale for the request. These trees shall not be
removed until the Township has given written authorization permitting
said removal. This permission will not be unreasonably denied; however,
those who violate this section shall be subject to the maximum penalties
authorized by this chapter.
(2)
When any trees, regardless of their physical condition, are
removed, they shall be replaced by trees suitable to the environment.
All such replacement planting shall be in accordance with accepted
conservation practices.
F.
Size of trees in required buffer areas.
(1)
Any existing trees within the required buffer area which are
a minimum of four inches in diameter at a point one foot above the
ground shall be preserved and shall count as a required tree within
the buffer area. At no point, however, shall any existing trees and
required trees be separated at a distance greater than the distance
specified in the required buffer area.
(2)
All trees required to be planted within the buffer area shall
be a minimum of two inches in diameter at a point one foot above the
ground measured along the trunk of the planted tree which tree shall
be planted in accordance with accepted conservation practices. All
required trees shall be a minimum of six feet in height at time of
planting measured from the ground adjacent to the planted tree to
the top of the tree.
G.
Responsibility for maintenance. It shall be the responsibility of
the owner/applicant to assure the continued growth of all required
landscaping and/or to replace the same in the event of frost, vandalism,
disease or other reasons for the discontinued growth of the required
trees, shrubs and bushes.
H.
Stormwater management facilities in buffer areas. Stormwater management
facilities and structures may be maintained within a buffer area,
but the existence of such facilities or structures shall not be a
basis for a failure to meet the planting requirements.
I.
Landscaping of open areas. All yard areas not utilized for parking
facilities, driveways, gardens, the planting of trees or shrubs, flower,
vegetable or herb beds or similar uses must be seeded, sodded or landscaped
within a reasonable period of time. The phrase "a reasonable period
of time" shall be interpreted to be within two weeks after construction
activities are completed, unless those activities are completed between
a November 1 through April 1 time period. In such case, the required
sodding or seeding must occur within two weeks of April 1.
J.
Landscaping specifications. Landscaping shall be provided in accordance
with the following specifications:
(1)
Planting required in buffer areas as outlined in § 200-703B cannot be substituted for any required planting mandated in this section.
(2)
A landscaping plan, with detailed drawings, must be submitted
prior to building permit application and this landscaping plan must
contain and show the following information:
(a)
All required buffer areas with proposed plantings (identifying
each proposed tree, bush or shrub) drawn to scale and identifying
the height and width of any proposed mounds.
(b)
All required planting independent of any buffer area requirements
(identifying each tree, bush, shrub, the use of sod or seeding, etc.)
drawn to scale.
(d)
Any existing trees or vegetation which will be removed, accurately
identifying their relative location.
(3)
At least one deciduous tree must be planted for each 1,000 square
feet of lot area occupied by the building footprint in conjunction
with any nonresidential development.
(4)
At least one deciduous tree must be planted for each dwelling
unit in conjunction with any multifamily development.
(5)
All trees which are required to be planted as per the regulations
of this section shall be a minimum of two inches in diameter at a
point one foot above the ground at the time of planting measured along
the trunk of the planted tree which tree shall be planted in accordance
with accepted conservation practices.
(6)
In conjunction with the development of property for any use,
the applicant shall show that the removal of any trees or natural
vegetation is necessary for the imminent and orderly development of
the property. Imminent development shall be considered to be development
which is reasonably expected to commence, and for which there are
realistic plans to commence, on a minimum eight hours per day, 40
hours per week basis (utilizing a five-day-on, two-day-off, standard-workweek
basis) within 30 days of the removal of trees or vegetation and for
which a land development plan and landscaping plan have been submitted
and approved by the Township.
(7)
Any existing trees which are not disturbed and are not located
within a required buffer area and are a minimum of four inches in
diameter at a point one foot above the ground shall count towards
the required number of trees to be planted outside of the buffer area.
(8)
Whenever an open parking area abuts a public street, a planting
strip, at least five feet in depth, planted and maintained with shrubbery,
trees or other landscape or decorative materials, shall be installed
across the entire frontage of the property in order to prohibit vehicle
access, except at approved ingress and egress points.
(9)
All areas not utilized for structures, driveways, planting strips or parking facilities must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be given the same interpretation given that phrase as it is used in § 200-703I of this chapter.
K.
Posting of bond for landscaping. A maintenance bond in the form of
cash, certified check or letter of credit shall be posted with the
Township in the amount of 15% of the total cost of landscaping shown
on the approved landscaping plan for a period of two years from the
date of installation of the landscaping materials. The maintenance
bond shall guarantee replacement of the required landscaping materials
during the term of the bond.
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.
(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.
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.[2])
[2]
Editor's Note: Appendix A is included at the end of this
chapter.
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.
A.
Outdoor storage in the commercial district.
(1)
Except for nurseries, garden supply, building supply, custom
crafting and similar businesses which require outside storage of materials,
storage and display of materials outside a completely enclosed structure
shall not be permitted. In the case of nurseries, garden supply, building
supply, custom crafting and similar businesses, outside display and
storage areas shall be completely enclosed by a security fence and
shall be screened by an opaque fence or dense, compact evergreen hedge
which is at least six feet in height.
(2)
In the B-1 District, any material or equipment stored outside
an enclosed building shall be incidental to the principal use of the
lot and shall be stored to the rear of the building or an alternative
location which screens the storage area from public view from the
street. If existing buildings do not screen the storage area from
public view from the street, the area shall be screened by a dense,
compact evergreen hedge or opaque fence at least six feet in height.
(3)
All organic rubbish and discarded materials shall be contained
in tight, vermin-proof containers which shall be screened from public
view by an opaque fence or dense, compact evergreen hedge which is
at least six feet in height.
B.
Storage of travel trailers and mobile homes. The parking and storage
of travel trailers, mobile homes, motor homes, campers and similar
recreational vehicles shall be prohibited within the right-of-way
of any public street. At no time shall such parked or stored vehicle
be occupied or used as a dwelling.
C.
Storage of commercial and construction equipment. Commercial and
construction equipment or vehicles, including without limitation trucks
of one-ton capacity or greater, tractors of 40 horsepower or larger,
tandems, tractor-trailers, cargo-moving equipment and construction
equipment or vehicles, shall not be stored or parked temporarily or
permanently in any R-L, R-H or MU Zoning District, except within a
completely enclosed building.
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.
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.).
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.
A.
Seasonal residences shall not be occupied for more than six months
in a calendar year. Each seasonal residence shall have a minimum floor
area of at least 400 square feet. Seasonal residences shall comply
with the area and bulk regulations of the A-1 District applicable
to single-family dwellings.
B.
The owner of the seasonal residence shall submit the recreational
cabin affidavit required to determine applicability of the provisions
of the Uniform Construction Code (UCC) to the proposed use.
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.
A.
The household must be the permanent address of the owner or lessee
and the owner or lessee must occupy the household for at least six
months of the calendar year. The owner or lessee shall register as
a short-term rental with Mount Pleasant Township.
B.
An owner or lessee of the household may provide short-term rentals
up to six times in one calendar year, whereas the maximum total number
of days short-term rental activity shall be permitted to occur per
dwelling unit shall not exceed of 30 calendar days in one calendar
year.
C.
The short-term rental shall not permit more than two persons to occupy
one bed.
D.
If the short-term rental pertains specifically to couches, the short-term
rental shall not permit more than one house guest to occupy one couch.
Additionally, if the short-term rental does not offer private sleeping
quarters, then the house guest shall be limited to one per household
at a time.
E.
All activity at the short-term rental shall be subject to enforcement
of the Township's noise-, nuisance- and property maintenance-related
ordinances.
F.
Any noise caused by the house guests that disturbs the neighboring
households shall not be permitted, and if the house or house guest
is convicted by the police for any disturbance(s) of the peace, the
owner or lessee shall not be permitted to continue to offer short-term
rentals.
G.
Within the context of short-term rentals, a meeting room shall refer
to the location within the dwelling unit where house guest(s) gather
for personal and/or professional purposes.
H.
The short-term rental shall provide one off-street space per room
available for rental.
