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.
A. Buffer areas described. Buffer Areas, as defined by this chapter and required by §
320-72B, 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
that 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.
(2) Buffer area "B" shall contain one row of plantings that 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.
(3) Buffer area "C" shall be comprised of a continuous, compact evergreen
hedge or line of evergreen trees that will grow together when mature
that 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.
(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 that constitutes the exterior boundary of the
buffer area.
(5) In the event that existing vegetation and/or existing topography
provides screening that 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 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 §
320-73D 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 the structures or uses do not interfere
with the required plantings in the buffer area and provided 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 §
320-72A 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 R-R, R-1, R-2 or R-3 District.
(b)
Where the express standards and criteria for a conditional use or use by special exception in §
320-69 of this chapter specify that buffer area "A" is required.
(c)
Along all property lines where a planned residential development
that contains townhouses or garden apartments adjoins property in
an R-R, R-1, R-2 or R-3 District.
(2) Buffer area "B": Buffer area "B" shall be required:
(a)
Where the express standards and criteria for a conditional use or use by special exception in §
320-69 of this chapter specify that buffer area "B" is required.
(b)
Along all property lines where a planned residential development
that contains single-family and two-family dwellings adjoins property
in an R-R, R-1, R-2 or R-3 District.
(3) Buffer area "C": Buffer area "C" shall be required:
(a)
Where the express standards and criteria for a conditional use or use by special exception in §
320-69 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 that adjoins property in the R-R, R-1, R-2 or R-3 District.
(c)
Along all property lines in the R-3 District where townhouses
and garden apartments adjoin R-3-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 of Articles
IV through
IX, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
D. Existing structure and buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided 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 that encroaches on the required buffer area. The required buffer area, as determined by §
320-72B, 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 that 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 §
320-72B 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.
(c)
Any planting in excess of the requirements in §
320-72A and
B of this chapter.
(d)
Any existing trees or vegetation that are to be preserved, accurately
identifying their relative location.
(e)
Any existing trees or vegetation that 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 that 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 work week
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 that 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 vehicles
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 §
320-72I 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.
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.
A. Outdoor storage in a business district.
(1) Except for nurseries, garden supply, building supply, custom crafting
and similar businesses that 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
that 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 that 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 that 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 non-agricultural 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-2 or R-3 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 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.
[Added 9-18-2024 by Ord. No. 3-24]
The purpose of this section is to establish regulations for
the construction, installation, operation, and decommissioning of
large-scale solar electric energy facilities and wind generation facilities
within Cross Creek Township, subject to conditions that will protect
public health, safety, and welfare. Large-scale solar electric energy
facilities shall be considered a conditional use only in B-1 General
Business District-zoned areas.
A. Definitions. The Zoning Ordinance is hereby amended to include the
following definitions:
APPLICANT
The landowner or developer who has filed an application for
the development of a solar electric energy facility under this section.
FACILITY OWNER
The person or entity having an equity interest in the solar
electric energy facility.
FEDERAL ENERGY REGULATORY COMMISSION, or FERC
An independent agency that regulates the interstate transmission
of electricity, natural gas, and oil. FERC also reviews proposals
to build liquefied natural gas (LNG) terminals and interstate natural
gas pipelines as well as licensing hydropower projects.
OPERATOR
The entity responsible for the day-to-day operation and maintenance
of the solar electric energy facility.
PJM INTERCONNECTION
A regional transmission organization (RTO) and independent
system operator (ISO) that manages the electric transmission system
for a large part of the United States.
SOLAR ELECTRIC ENERGY FACILITY
An electric generating facility, the main purpose of which
is to generate and supply electricity, consisting of one or more solar
electric systems and other accessory structures and buildings, including
substations, electrical infrastructure, transmission lines, and other
appurtenant structures, collectively greater than one acre of area.
Such facilities do not include solar electric energy systems meant
for residential use.
SOLAR ELECTRIC SYSTEM
The components and subsystems that convert solar energy into
electric energy, including photovoltaic and concentrated solar power
systems.
B. Preapplication requirements.
(1) Prior to submitting a zoning application for the development of a
wind or solar energy facility, the applicant must comply with the
following:
(a)
PJM interconnection and FERC approval. The applicant must provide
evidence of an approved PJM interconnection and all necessary approvals
from FERC. This documentation must be included in the zoning application.
(b)
Glare studies. The applicant must conduct a glare study over
a twelve-month period using the same solar equipment intended for
installation. The glare study must be conducted by a qualified independent
consultant and assess the potential impact on neighboring properties,
roadways, and public spaces. The glare study report must be submitted
with the zoning application.
(c)
Resident notification. The applicant must provide notice to
all residents within a one-mile radius of the application area before
submitting the zoning application. Notice shall be deemed provided
upon receiving a signed certified return receipt mailing from each
resident.
(d)
Other governmental approvals. The applicant must provide and
conform to all federal, state, and local laws, statutes, rules and
regulations, including but not limited to the Federal Clean Air Act, Clean Water Act, Pennsylvania Clean Streams Law.
(2) The application will be deemed administratively incomplete if all
notices are not complete or if other agency approvals are not provided.
C. Zoning restrictions.
(1) B-1 General Business District Zones. Solar and wind energy facilities
are only permitted in areas zoned for B-1 General Business District
use.
(2) Solar and wind energy facilities are not permitted in any other zoning
district.
(3) Exemptions. This section does not apply to solar energy systems used
for local residential or agricultural purposes.
D. Land development requirements. No land development plan for a solar
electric facility or wind generation facility shall be approved unless
it has complied with the requirements of this section and other applicable
conditions, including grading, erosion and sediment control, NPDES,
stormwater management, etc.
E. Additional land development plan requirements.
(1) All installations of large solar electric energy facilities and wind
generation facilities require the owner to apply for a permit from
the Township. The application must include:
(a)
A narrative describing the project, location, generating capacity,
equipment details, and a description of all ancillary facilities.
(b)
Evidence of agreement between the landowner and the facility
owner, demonstrating permission to apply for necessary permits.
(c)
Identification of the properties on which the facility will
be located and adjacent properties.
(d)
A detailed site plan showing the location of property lines,
setbacks, rights-of-way, access roads, substations, electrical cabling,
fences, buildings, and structures.
(e)
Documents related to decommissioning, including a schedule for
decommissioning.
(f)
Proof of need, a power purchase agreement with an end user or
a PJM interconnect approval.
(g)
Provide approved transmission designs and plans associated with
the site.
(h)
Other relevant studies, reports, certifications, and approvals
required by Cross Creek Township.
(2) Cross Creek Township will determine whether the application is administratively
complete within 30 business days of receipt and advise the applicant
accordingly.
F. Design and construction.
(1) Design safety certification. The design of solar electric systems
and wind generation facilities shall conform to applicable industry
standards, including those of the American National Standards Institute
(ANSI). Certificates of design compliance must be submitted.
(2) Uniform Construction Code. The facility shall comply with the Pennsylvania
Uniform Construction Code, Act 45 of 1999, as amended.
(3) Visual appearance.
(a)
Facilities shall not be artificially lighted, except as required
by safety regulations.
(b)
Facilities shall not display advertising, except for reasonable
identification of the manufacturer and facility owner.
(c)
On-site transmission and power lines shall be placed underground
to the maximum extent practicable.
(d)
Privacy screening or landscaping may be required to border residential
structures.
(4) Warnings.
(a)
Facilities shall be enclosed by a chain-link fence with a minimum
height of eight feet.
(b)
Warning signs shall be placed on the fence to inform individuals
of potential voltage hazards.
G. Setbacks.
(1) Property lines. All solar electric energy systems, including perimeter
fencing, shall be set back at least 300 feet from the nearest property
line.
(2) Residential and agricultural buildings. Facilities must be set back
at least 1,000 feet from any residential or agricultural building.
(3) Public roads. Facilities must be set back at least 1,000 feet from
any public road.
(4) Waiver provision. The setback requirements in this section can be
satisfied by providing a notarized waiver from the owner of the affected
structure or adjacent property owner where applicable.
H. Emergency plan.
(1) Emergency plan submission. The applicant must prepare and submit
a comprehensive emergency plan to the local fire departments and Washington
County Emergency Services prior to the issuance of any permits for
the construction or operation of the facility.
(a)
Plan contents. The emergency plan must include:
[1]
Firefighting procedures. Detailed procedures for firefighting,
including coordination with local fire departments and training for
personnel.
[2]
Electrical and chemical hazard response. Response procedures
for electrical hazards, including potential electrical fires, and
handling of chemical spills or releases.
[3]
Harmful chemicals list. A complete list of all chemicals used
or stored on-site that could pose a risk to emergency responders or
the public. This list must be disclosed to all emergency medical services
(EMS) that could potentially respond to an emergency at the facility.
[4]
Emergency contacts. All contractors, subcontractors, and facility
operators shall provide to the Township a valid point of contact for
emergencies, which shall be reviewed and updated, annually.
(2) Annual review and update. The emergency plan must be reviewed and
updated annually, with copies provided to the local fire departments
and Washington County Emergency Services.
I. Application fees.
(1) Base application fee. A base application fee of $1,000 shall be submitted
with any new application for a solar electric energy facility or wind
generation facility.
(2) Capacity-based fees.
(a)
In addition to the base application fee, the applicant shall
pay a fee of $100 per megawatt of nameplate generation capacity for
any new application.
(b)
For any modification to an existing facility, the applicant
shall pay a fee of $50 per megawatt of nameplate generation capacity
affected by the modification.
(3) Decommissioning account. All fees collected under this section shall
be deposited into the Cross Creek Township Wind and Solar Decommissioning
Account, to be used exclusively for the decommissioning of facilities
that have been abandoned or otherwise not properly decommissioned
by the owner or operator.
J. Decommissioning.
(1) Project abandonment. The operator must notify the Township immediately
upon cessation or abandonment of the facility. A facility shall be
discontinued if no electricity is generated for 12 continuous months.
(2) Removal. The facility operator or owner shall be responsible for
decommissioning and removal of any abandoned solar array. The facility
must be decommissioned and removed within six months after abandonment.
The project parcel must be restored to an environmentally stable condition
as close to preconstruction condition as reasonably practical.
(3) Decommissioning plan. A decommissioning plan must be prepared by
a professional engineer, including cost estimates for removal and
site restoration. The plan must be updated every five years and reviewed
by the local Planning Commission and the Board of Supervisors.
(4) Decommissioning security. Prior to construction, a security in the
form of a full cash bond covering 120% of the estimated decommissioning
cost must be posted. The bond will be reviewed and adjusted for inflation
every five years.
(5) Decommissioning security release. The security will be released after
full decommissioning and restoration of the project parcel, as certified
by the Township Engineer.
K. Miscellaneous.
(1) In case of a conflict between this section and any other ordinance
of the Township, the more restrictive provisions shall control.
(2) If any section or provision of this section is held invalid, the
remaining provisions shall continue in full force and effect.
(3) Any ordinances or resolutions inconsistent with this section are
repealed.
(4) Violations of this section shall result in a fine of $1,000 per day
plus costs and attorney's fees, in addition to any other enforcement
remedies available to the Township.