A.
No building or land shall hereafter be used or occupied and no building
or part thereof shall be erected, moved or altered unless it is in
conformity with the regulations herein specified for the district
in which it is located.
B.
All construction and/or development shall meet all regulations of
each zoning district and the following supplemental regulations as
applicable.
C.
A one-acre (43,560 square feet) minimum lot size shall be required
in all zoning districts, unless otherwise stated, where the proposed
lot does not have both public water and public sanitary sewerage.
D.
The use or occupation of any building, land area, or water area,
or part thereof, which is not specifically permitted by any rule or
regulation of this chapter, is a violation of this chapter.
E.
The classification of a permitted use as conditional use, special
exception or accessory use within this chapter does not mean that
said use can ultimately be implemented in the district. In addition
to the requirements set forth herein, all uses within the Township
must meet and continue to meet all applicable environmental and health
and safety laws and regulations of the federal and state government
in effect for the particular use. Owners, tenants, and developers
must meet and obtain any and all necessary and required permits from
all applicable governmental agencies and entities (federal, state
and local) before the proposed use can be implemented within the applicable
zoning district. Proper waste, residue and by-product disposition
and disposal must be provided and obtained for the particular use
before the use can commence within the applicable zoning district.
No permanent occupancy or use of the property shall be made unless
and until all applicable permits have been obtained and all necessary
facilities have been constructed and are in proper working order.
Temporary occupancy may be granted for a period not to exceed 30 days
in order to test operating systems within the building or development.
Every use, building, and/or structure hereafter erected or structurally altered shall be situated so that in no case shall more than one principal building, structure, or use be located on one lot, except as specifically provided for herein and in the Subdivision and Land Development Ordinance (Chapter 22). Said exceptions include multiple-use retail centers, condominium developments, conditional uses in the R District that accompany a single-family detached dwelling on the same parcel, multiple-use residential land developments and mixed-use, multiple-structure developments where permitted.
A.
More than one principal use. Where a lot, parcel or tract is used
for a nonresidential purpose, more than one principal use, building,
or structure may be located upon the lot, parcel, or tract, but only
such uses, buildings, or structures that conform to all off-street
parking, open space and yard requirements for the district wherein
said development is proposed. A principal structure shall be a minimum
of 30 feet from any other principal structure on the same lot or tract
unless affixed by way of adjoining walls.
B.
Condominium developments. Residential subdivisions and land developments
with multiple uses and/or structures may be developed in conformance
with the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et
seq., where such uses are permitted, as per the following provisions:
(1)
Said development shall be approved as a land development.
(2)
The maximum density established for each residential zoning
district shall not be exceeded.
(3)
While individual lot or property lines are optional, residential
structures shall be located such that resubdivision may occur in compliance
with area and dimensional standards for lots in the zoning district
where the condominium development is located. The entire development
must comply with applicable setback requirements; however, where individual
units are sold as a condominium, such units must comply with applicable
setback requirements, excluding minimum lot size, minimum lot width
and internal setback side yard.
(4)
All occupants of dwelling units in a condominium development
shall belong to an established condominium association.
(5)
Condominium developments shall be served by public water and
sanitary sewerage systems.
A.
The following architectural features may project into required yards
as established herein:
B.
The minimum setback allowable for any structure within any zoning
district shall be measured from that part of the structure which is
closest to the lot line or street right-of-way line from which the
setback is being measured.
C.
A lease parcel related to an unmanned communications tower or unmanned
essential services shall not be required to comply with the minimum
lot size, minimum lot width and maximum lot coverage requirements
of the zoning district in which the lease parcel is located, provided
that the fee simple lot on which the proposed unmanned communications
tower or unmanned essential services are located complies with these
requirements.
Nothing in the district regulations shall be held to prohibit
the erection of a single-family detached dwelling in a district where
permitted upon a lot whose size is inadequate to meet the lot area
regulations set for the district, provided that such lot on the effective
date of this chapter:
A.
Fences, hedges or other plantings, structures or walls shall not
be located at street corners so as to interfere with vision clearance
across the corner lots. The height of such objects is restricted to
three feet within the clear sight triangle.
B.
Barbed wire or other sharp pointed material shall not be used in
the construction of a fence unless said material is at least eight
feet above the ground level and supported by fencing across its entire
length, except where used to contain livestock.
C.
A permit under this chapter shall not be required to construct, maintain
or alter a fence. If a fence is erected up to the property line, the
Township shall not be responsible for determining the location of
the property line. The owner of the subject property shall be responsible
for determining the location of his property line, and any claims
which arise out of the erection of a fence shall be the responsibility
of the person who erected the fence.
D.
A fence or wall may be built or a hedgerow planted along a property
line, provided that any fence, wall or hedge is not constructed or
maintained at a height exceeding four feet along the front lot line
or along the side lot line between the front lot line (street right-of-way
line) and the front building setback line, or at a height not exceeding
six feet along all other lot lines. The height limitations set forth
in this subsection shall not apply to any fence erected pursuant to
this section.
A.
A lot on which a mobile home is installed shall conform to the minimum
dimensional requirements of the district for single-family dwellings.
B.
Mobile homes shall be anchored to poured-in-place concrete footers.
C.
The mobile home base shall be enclosed entirely by materials compatible
to the design.
D.
Mobile homes shall have pitched and shingled roof and siding comparable
to the materials in use in the district.
E.
The application for a zoning use permit shall include a sketch indicating
location site of mobile home, size of mobile or modular home, materials
used for enclosure and external finish of mobile or modular home,
and proposed anchorage. Anchorage shall meet minimum standards of
the Mobile Home Manufacturers Association recommendations.
F.
A mobile home shall be eligible to be installed if it is certified
under the National Manufactured Housing Construction and Safety Standards
Act of 1974 and was issued an insignia of approval by the United States
Department of Housing and Urban Development and has not been altered
in violation of applicable codes.
G.
All electrical, gas, water, and drain connections shall be made permanent.
Gas shutoff valves, meters, and regulators shall not be located beneath
the manufactured home.
H.
The delivery system consisting of wheels, tires, axles, and towing
hitch shall be removed within 30 days of placement or stored in an
enclosed structure.
A.
Refuse, including recyclables, and waste collection areas of adequate size to serve all uses on a specific parcel, shall be visually screened from adjacent properties and any public or private street by Buffer Yard C as required by Part 19, Screening and Landscaping, Chapter 22, Subdivision and Land Development and the Township Construction Standards.
B.
Adequate provisions shall be made for access to the refuse and waste
collection area by disposal agency equipment.
C.
No person shall create any refuse and waste collection area unless
such area complies with these provisions.
D.
These requirements shall not apply to single-family detached residential
dwellings.
Swimming pools are permitted in all districts as accessory uses
to principal residential uses and principal recreation facility uses,
provided that they comply with the following conditions and requirements:
A.
The pool is intended and is to be used for the enjoyment of the occupants
using the principal use of the property on which it is located.
B.
The pool may be located only in the rear yard or side yard of the
property on which it is an accessory use.
C.
The pool paved areas and accessory structures adjacent thereto shall
not be located closer than 10 feet to any property line of the property
on which it is located.
A.
General. The removal of trees, shrubbery, foliage, grass or other
natural growth shall be permitted only when in conformance with the
provisions of this chapter, the Code of Jackson Township, Butler County,
Pennsylvania, as amended, and any other Township ordinance regulating
subdivisions, land developments, logging and forestry activities.
Grubbing activity shall be permitted with expressed approval of the
Zoning Officer.
(1)
A landscape plan complying with this chapter, the Subdivision and Land Development Ordinance (Chapter 22) and any other applicable Township ordinance shall be prepared and submitted at the time of submission of an application for preliminary and/or final subdivision and/or land development plan approval, or at the time of submission of a zoning use permit application if the project does not constitute a subdivision or land development.
B.
Mature woodlands preservation. Not more than 70% of the total area
of mature woodlands on a development site shall be removed in conjunction
with a subdivision or land development. The remaining woodlands shall
be protected as open space. No area of any existing woodland shall
be removed prior to the granting of final approval of the proposed
subdivision or land development.
(1)
Priority in woodland preservation shall be given to woodlands
in one-hundred-year floodplains, wetlands, stream valley corridors,
steep slopes and landslide-prone areas.
(2)
A greater percentage of woodland area may be cleared if new
replacement woodlands are provided elsewhere on the site or an approved
off-site mitigation area. The minimum area of the replacement woodland
shall be at least 125% of the woodland area cleared in excess of the
areas allowed in this subsection. The replacement woodland shall be
prepared, planted and maintained in accordance with a plan prepared
by a forester or other qualified professional and approved by the
Township and made subject to a conservation easement in favor of the
Township approved by the Township Solicitor.
C.
Required landscape plan. The landscape plan required by this section
shall include a delineation of the woodland area, as defined herein,
and the location and species of all existing trees 12 inches in diameter
at breast height ("DBH"). In cases where the wooded area on the property
is greater than one acre, the applicant may locate trees 12 inches
or greater in DBH from a representative wooded area on the subject
property that is 100 feet by 100 feet in area and utilize that representative
sample to determine the number of trees 12 inches or greater in DBH
on the remaining wooded portion of the property. This information
may be shown on a sheet not being recorded with the final plan.
Except for nurseries, garden supply, building supply and similar
businesses which customarily 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 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 hedge which is at least six feet in height. All
other commercial activities shall take place within a completely enclosed
building.
A.
Temporary display and sales on the site of an existing commercial business shall be subject to the requirements of § 27-1513 of this chapter.
B.
All organic rubbish and discarded materials shall be contained in
airtight, vermin-proof containers which shall be fully enclosed on
four sides and shall be screened from public view by an opaque fence
or hedge which is at least six feet in height.
A.
Traffic access and impact study required. A traffic access and impact study pursuant to the requirements of § 22-406 of the Subdivision and Land Development Ordinance (Chapter 22) shall be required when:
(1)
A proposed development is expected to generate 1,000 or more
average daily trips (ADT) based on the trip-generating characteristics
of the land use as identified in the current edition of the Institute
of Transportation Engineers Trip Generation Manual.
(2)
A proposed development is expected to generate 100 or more new
vehicle trips during any one-hour time period based on the trip-generating
characteristics of the land use as identified in the current edition
of the Institute of Transportation Engineers Trip Generation Manual.
B.
Traffic access and impact study requirements. When required, a traffic access and impact study shall be submitted as part of an application for any zoning use permit, conditional use application, or application for a use by special exception. A scope of work for the study shall first be submitted to the Township for approval. The study shall be performed by a qualified professional traffic engineer with experience preparing traffic access and impact studies. The applicant and study shall comply with the requirements and standards for traffic access and impact studies outlined in the Subdivision and Land Development Ordinance (Chapter 22).
A.
Compliance. No use, land or structure in any district shall involve
any element or cause any condition that may be dangerous, injurious
or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration,
glare, excessive traffic, attract vermin or rodents or constitute
a nuisance or be a detriment to the health, safety, moral or general
welfare of the community or to any other person or property in the
Township. All uses in all districts shall be subject to the following
standards of operation.
B.
Environmental performance standards. The developer shall determine the presence of environmental or natural features on any site proposed for land development and shall meet the standards of the Subdivision and Land Development Ordinance (Chapter 22) and the Stormwater Management Ordinance (Chapter 26, Part 1), where applicable, for environmental protection. Site alterations, erosion and sedimentation control, regrading, filling, the clearing of vegetation or timbering and forestry activities prior to review and approval of the plans for development by the Board of Supervisors shall be a violation of this Part 17.
C.
Odor. Those standards for the control of odorous emissions established
by the Department of Environmental Protection (DEP) shall be applied
in all zoning districts. Where an odor is deemed offensive, a duly
authorized Township representative shall refer the matter to the Department
of Environmental Protection where it has jurisdiction relative to
an established air shed.
D.
Air pollution. No emission at any point from any chimney or otherwise
of visible smoke in excess of that permitted by the agency with jurisdiction
shall be permitted.
E.
Dust, fumes, vapors, and gases. The emission of dust, dirt, fly ash,
fumes, vapors or gases which can cause any damage to human health,
to animals, to vegetation, or to property or which can cause any soiling
or staining of persons or property at any point beyond the lot line
of the use creating the emission is herewith prohibited.
F.
Glare (exterior illumination). No use shall produce a strong, dazzling
light or a reflection of a strong, dazzling light or employ unshielded
illumination sources beyond its lot lines or onto any public or private
street. Lighting shall not exceed 1/2 footcandle measured at three
feet above ground level and shall not spill over onto adjacent properties,
unless otherwise required by a Township ordinance. Where private lampposts
are utilized in residential developments in lieu of streetlighting,
such lighting shall not exceed two footcandles measured at three feet
above ground level and shall not spill over onto adjacent properties.
G.
Vibrations. No use shall cause earth vibrations, or concussions detectable
beyond its lot lines without the aid of instruments, with the exception
of vibration produced as a result of temporary construction activity.
H.
Discharge. No discharge at any point into any private sewage disposal
system or stream or into the ground of any materials in such a way
or in such manner or temperature as can contaminate any public or
private water supply or otherwise cause the emission of dangerous,
noxious or objectionable elements, or the accumulation of solid wastes
conducive to the breeding of rodents or insects, is permitted.
I.
Heat, cold, dampness or movement of air. No activities producing
heat, cold, dampness or movement of air are permitted which shall
produce any material effect on the temperature, motion or humidity
of the atmosphere at the lot line or beyond.
J.
Noise.
(1)
No use in any zoning district which by the nature of its use,
operation or activity produces noise of objectionable character or
volume as prescribed below will be permitted as measured from a lot
line of the subject property. For purposes of this chapter, the noise
level will be measured in decibels (dBA) which indicate the sound
pressure level obtained from a frequency weighting network corresponding
to the A-scale on a standard sound level meter.
(2)
The following shall apply RR and MU Districts and activities
on site areas fronting streets adjoining or directly adjoining lots
within the RR or MU Districts: At no point on or beyond the boundary
of any lot containing a residential use shall the exterior noise level
located on such lot exceed 60 dBA for more than two hours during a
twenty-four-hour period.
(3)
At no point on or beyond the boundary of any lot or site area
within the LI or CC Districts shall the exterior noise level located
on such lot or site area exceed 65 dBA for more than two hours during
a twenty-four-hour period.
(4)
Noise resulting from alarms, sirens, emergency work, normal lawn and landscaping care, traffic and agricultural use shall be exempt from the requirements of this section. Noise from construction or maintenance activities shall be exempt from the requirements of this section provided that the activities occur during the hours established by the Construction Code [Chapter 5, Part 1].
(5)
No noise from recordings, loudspeakers or public-address systems
shall be allowed which interferes with the reasonable enjoyment of
adjacent residential properties.
(6)
Sound levels shall be measured with a sound level meter or sound
level octave band analyzer that conforms to the standards and specifications
published by the American Standards Association. Noise incapable of
being so measured, such as those of an irregular intermittent nature,
shall be controlled so as not to become a nuisance to adjacent uses.
K.
Electrical disturbance or radioactivity. No activities which emit
dangerous radioactivity or continuous cumulative low- level radiation
at any point are permitted, and no electrical disturbance adversely
affecting the operation at any point of any equipment other than that
of the creator of such disturbance shall be permitted.
L.
Vehicle and equipment maintenance.
(1)
In industrial and commercially zoned areas, all vehicles and
movable equipment repair done on the property shall be performed within
an enclosed building, except that minor maintenance activities may
be completed on the exterior of a lot where space has been provided
for the temporary parking or storage of vehicles and movable equipment.
(2)
In residentially zoned areas, minor vehicle maintenance activities
on vehicles owned by the occupant may be conducted in driveways, but
in no case shall repairs be made on vehicles and movable equipment
which would result in the storage of said vehicles or movable equipment
on the exterior of the lot for more than 48 hours.
In order to prevent the creation of a traffic hazard by limiting
visibility at a street intersection, no structure, building, earthen
bank or vegetation exceeding three feet in height above the finished
paved area at the center of the street shall be allowed within the
clear sight triangle.
A.
General provisions.
(1)
In recognition of existing infrastructure deficiencies and needs,
the need for safe pedestrian and bicycle transportation as an alternative
to vehicular transportation, and the opportunities and impacts associated
with development in the Township, the Township desires to provide
incentives to promote infrastructure improvements, expansion of the
tax base, and preservation of the Township's environmental assets
through the provision of incentive zoning standards.
(2)
This Chapter sets forth an optional incentive zoning process
through which a developer may receive a density or intensity bonus,
as expressly described within this chapter. A developer taking advantage
of the density or intensity bonus must install certain improvements
or make a contribution in lieu thereof, as more specifically described
in this Chapter.
(3)
The parameters of the density or intensity bonuses are expressly
referenced and set forth within the dimensional and use standards
of either mutually exclusive uses authorized within this Chapter or
the individual zoning districts in which incentive zoning provisions
are authorized.
B.
Incentive Zoning Improvement Provisions.
(1)
General.
(a)
Developers of certain authorized uses may earn a density or
intensity bonus by making an incentive improvement, determined in
accordance with this section.
(b)
The site upon which a developer earns a density or intensity
bonus and to which the bonus is applied shall bear direct access to
a collector or arterial street.
(c)
The developer may cause to be constructed all or a portion of capital improvements on the particular street or streets on which the site fronts as referenced in the Table in § 27-1515 B(2)(b) or as approved by the Board of Supervisors. The cost of such projects, as approved by the Township Engineer and excluding the cost of any mandatory on-site improvements, may be provided as a contribution by the developer in lieu of construction of the improvements as a proportionate share of the determined cost, which shall be paid prior to the receipt of a building permit for each building housing a principal use or uses. The contribution paid with each such permit shall be commensurate with the proportion of trips generated by the development that the principal use(s) housed within the permitted building comprise. All such contributions for a development shall be placed in an interest-bearing account and the Township shall provide for separate accounting of each developer's contributions by plan.
(2)
Incentive improvement determination, scope, and timing.
(a)
The Township recognizes that development adds vehicular trips
to its street infrastructure and consequently impacts the capacity
of the roads directly serving the development site, creating related
impacts to bicycle and pedestrian safety as well as the safety of
the motoring public. Therefore, the Township desires to award a density
bonus to uses and developments, where authorized, that contribute
to the enhancement of adjoining street capacity, traffic calming,
and pedestrian, vehicular, and bicycle safety in a manner commensurate
with the average daily trips produced by said development.
(b)
The following table shall be used to determine the extent of
improvements in proportion to the average daily trips associated with
the development. The average daily trips shall be determined in accordance
with Institute of Transportation Engineers (ITE) methodology, using
the latest edition of Trip Generation. The specifications of each
improvement are set forth in the Township Construction Standards:
|
Item Number
|
Improvement
|
Unit*
|
Trip Equivalency in Average Daily Trips
|
|---|---|---|---|
|
1
|
10 Street Trees
|
Each
|
115
|
|
2
|
Streetlights
|
Each
|
115
|
|
3
|
Raised Pedestrian Crossing
|
Each
|
175
|
|
4
|
Trail
|
500 Lineal Feet
|
495
|
|
5
|
Flashing Mid-Block Crossing
|
Each
|
700
|
|
6
|
Mill and Overlay
|
500 Lineal Feet
|
855
|
|
7
|
Sidewalk
|
400 Lineal Feet
|
965
|
|
8
|
Bike Lanes
|
750 Lineal Feet
|
1,220
|
|
11
|
Full Depth Reclamation
|
750 Lineal Feet
|
1,745
|
|
9
|
Raised Intersection
|
Each
|
2,385
|
|
10
|
Roadway Widening
|
500 Lineal Feet
|
3,305
|
|
12
|
Traffic Calming Center Islands
|
100 Lineal Feet
|
6,975
|
|
13
|
Streetscape
|
500 Lineal Feet
|
14,065
|
(c)
All improvements shall be made in accordance with the Township Construction Standards, as referenced by Chapter 22, Subdivision and Land Development. Roadway widening shall be provided in accordance with the specifications referenced in § 22-602A(10)(a) of Chapter 22, Subdivision and Land Development.
(d)
The specific locations, priority, and types of improvements
to be constructed on the collector or arterial street shall be determined
by the Board in consultation with the Township Engineer in consideration
of safety factors, timing and relation to public works projects in
the area, Township capital improvements, comprehensive and parks,
recreation and open space plans, and the timing of the development
and other developments on the subject street.
(e)
The improvements as determined by the Board shall be installed with and as part of the public improvements and amenities associated with the development in proportion to the Average Daily Trips cited the Table set forth in § 27-1515.B(2)(b). The developer shall post performance security for the construction of the improvements in the same manner and under the same procedures set forth in § 22-503. Security shall be posted as a condition precedent to the recordation of the first final phase of the plan. However, the Board may approve a related construction schedule reasonably based on the timing, location, and impacts of construction in each phase of the PRD.
(f)
As an alternative to providing for the construction of the preceding
improvements as set forth in this Section, the developer may pay following
contributions due at the time of and as a condition precedent to the
issuance of a building permit for each dwelling unit or group of dwelling
units:
|
Dwelling Unit Type:
|
Single Family Detached
|
|---|---|
|
Single Family Detached
|
$500
|
|
Duplex
|
$450
|
|
Patio Home
|
$400
|
|
Townhouse
|
$400
|
|
Multi-Family
|
$400
|
|
Non-Residential Principal Uses
|
$500 per peak hour trip (as determined in accordance with Chapter 23, Impact Fees)
|
The following yard and bulk requirements shall apply where referenced
by this chapter. When no requirement is listed, the requirement of
the underlying zoning district shall govern.
A.
Minimum lot size (dwellings attached by at least two sides): 2,000
square feet.
B.
Minimum lot size (dwellings attached by one side only): 3,000 square
feet or one half of the otherwise applicable minimum lot size for
duplex dwelling units.
C.
Minimum lot width at the street right-of-way line: 22 feet.
D.
Minimum lot width at the front building setback line: 22 feet.
E.
Minimum side yard (at attached dwelling party wall): none; accessory:
five feet.
F.
Minimum side yard (end dwelling units): 10 feet; accessory: five
feet.
G.
Minimum distance between principal buildings: 30 feet.
H.
The dwellings shall be served by public water and public sewer.
