The supplementary regulations in this article supplement the requirements of Articles
IV through
IX governing each zoning district and shall apply to all uses in all zoning districts.
The following standards shall apply to all permitted uses, conditional
uses and uses by special exception 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 the Township Floodplain Management
Ordinance No. 4 of 2015.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 that 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 1.
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.
B. Vibrations. Vibrations detectable without instruments on neighboring
property in any district shall be prohibited.
C. Glare. Lighting devices that produce objectionable direct or reflected
glare greater than one footcandle on adjoining properties or public
streets shall not be permitted.
D. 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.
E. 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 §
320-115 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.
B. Nonconforming lots of record: see §
320-100.
C. Accessory structures:
(1) In the R-R District, storage structures and other accessory structures,
including detached garages may be located in the minimum required
front, side or rear yards, provided they are at least 10 feet from
any property line.
(2) Storage structures accessory to a single-family dwelling that 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
that have a total floor area of more than 180 square feet and all
detached garages shall not be located in the required front yard,
required rear yard or required side yards.
(3) Storage structures and other accessory structures in the B-1 Districts
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:
(1) 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 Appendix A, Clear Sight
Triangle, for illustration.)
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 that is part of the principal structure,
conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks,
gas, oil or mineral extraction drilling rigs and supporting facilities,
public utility structures, barns 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 that 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 pavement 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, 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 existing
dwelling on adjacent property.
B. Any building used for the sheltering, raising or feeding of livestock
and poultry shall be located at least 200 feet from any street line
and from any existing well or existing dwelling located on adjacent
property and not less than 100 feet from the landowner's well.
C. Concentrated animal operations shall be subject to compliance with
the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501
et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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
minimum lot area for keeping horses shall not be less than two acres
per horse.
F. No stable shall be located within 200 feet of any existing dwelling
on adjacent property.
G. All grazing and pasture areas shall be adequately fenced.
H. Outdoor kennels shall be located at least 300 feet from any property
line that adjoins an R-1, R-2 or R-3 District.
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 that 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 U.S. 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 R-R and R-1 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 R-R or R-1 Districts.
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 §
320-88 for retail businesses. Off-street parking for permanent structures shall be designed in accordance with the requirements of §
320-87.
G. Off-street parking for seasonal roadside stands shall be designed in accordance with §
320-87, 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 §
320-88 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 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 that
creates vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
that is detectable in the neighborhood.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G. The business activity shall not generate any solid waste or sewage
discharge, in volume or type, that 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 hauling and loading operations shall be located at least 300
feet from any existing dwelling on adjacent properties, unless the
dwelling owner consents, in writing, to a lesser distance.
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. Permit requirements.
(1) The applicant shall provide the Township with copies of the permits
issued under the following regulations of the commonwealth. A copy
of the erosion and sedimentation control plan shall be provided to
the Township.
(a)
Erosion and sedimentation control regulations contained in Chapter
102, issued pursuant to the Pennsylvania Clean Streams Law.
(b)
Stream crossing and wetlands protection regulations contained
in Chapter 105, issued pursuant to the Pennsylvania Dam Safety and
Encroachments Act, if required.
(c)
Stormwater management plans and regulations issued pursuant
to the Pennsylvania Storm Water Management Act, if required.
(2) All necessary permits shall be maintained during the operation. 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 §
320-115 of this chapter.
I. A logging plan prepared by a practicing consulting forester who is
a member of the Association of Consulting Foresters or the Pennsylvania
Council of Professional Foresters or a forester certified by the Society
of American Foresters shall be submitted that 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 bars;
(3) The design, construction and maintenance of stream and wetland crossings,
if any;
(4) The general boundaries of the proposed operation in relation to Township
and state streets, including any accesses to those streets.
(5) The site location, including boundaries of the property and boundaries
of the proposed harvest area;
(6) Significant topographic features;
(7) The location of all earth-disturbance activities such as roads, landings
and water control measures and structures;
(8) 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 (Penn DOT) whichever is responsible for
maintenance of the street.
K. No tops of trees or debris shall be left within 50 feet of any public
street or any private street providing access to adjoining residential
property.
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.