Except as provided by law or by this chapter, in each district
no building, structure or land shall be used or occupied except for
the purposes specifically permitted by this chapter and for the zoning
districts so indicated. On any property, parcel or tract of land,
or leasehold only one principal use shall be permitted unless otherwise
permitted by this chapter.
A.
All uses permitted by right, special exception or conditional approval
shall be subject, in addition to use regulations, to such regulations
of yard, lot area, lot width, building area and height, impervious
surfaces, easements, buffer yards, provisions for off-street parking
and loading, and such other provisions as are specified in other articles
herein.
B.
In addition, all uses permitted by right, condition or special exceptions
shall be subject to any and all applicable laws, rulings, and regulations
of the United States of America, the Commonwealth of Pennsylvania
and their departments and agencies, including, but not limited to,
the U.S. Army Corps of Engineers, the Pennsylvania Department of Environmental
Protection, and the Pennsylvania Department of Transportation. In
particular, the laws of the Commonwealth and the regulations of the
Pennsylvania Department of Environmental Protection (PaDEP) and the
Bucks County Department of Health regarding waste disposal shall be
adhered to.
C.
No zoning permit shall be issued until approval is obtained from
the Bucks County Department of Health and/or the PaDEP for water supply,
either public or private. If the premises are to be served by a public
water supply facility, certification from the servicing authority
shall be presented that connection(s) has (have) been approved. Documentation
from the authority providing water service certifying that connection
has been approved shall be required prior to plan approval or zoning
permit issuance.
D.
If the
premises are to be served by a private water supply, the Bucks County
Department of Health rules, regulations, and construction specifications
for new or reconstructed private on-lot wells must be met.
E.
Further, no zoning permit shall be issued until approval is obtained
from the Bucks County Department of Health and/or the PaDEP for sewage
disposal, unless the premises are served by public sewage facilities
and then certification from the servicing authority shall be presented
that a connection and allocation has been approved. Documentation
from the authority providing treatment certifying that treatment capacity
is available shall be required prior to plan approval or zoning permit
issuance.
A.
A use listed in Article XVI as a use permitted by right is permitted subject to such requirements as may be specified in § 450-1604, after approval has been granted subject to the requirements of Chapter 365, Subdivision and Land Development, if applicable, and after a zoning permit has been issued in accordance with Article XXII.
B.
A use listed in Article XVI as a use permitted by special exception may be permitted as a special exception provided the Zoning Hearing Board authorized the issuance of a zoning permit by the Zoning Officer, subject to the requirements of § 450-1604 and Article XXII, and after such approval has been granted subject to the requirements of Chapter 365, Subdivision and Land Development, if applicable, and such further restriction as said Board may establish.
C.
A use listed in Article XVI as a use permitted by conditional use may be permitted as a conditional use provided the Board of Supervisors, having received a recommendation from the Planning Commission, grants the conditional use subject to the expressed standards set forth in § 450-1604 and Article XXII, and after approval has been granted subject to the requirements of Chapter 365, Subdivision and Land Development, if applicable, and such further conditions that the Board of Supervisors may impose to insure the protection of adjacent uses, or the health, safety or general welfare.
D.
A use not listed as being permitted by right, special exception,
or conditional use in a particular zoning district is not permitted
in that zoning district.
When a legitimate proposed use is not listed in the following
list of uses, the Zoning Officer shall attempt to align the use with
a similar listed use in order to provide for said use. If the Zoning
Officer finds that such alignment is not possible, the applicant can
apply to the Zoning Hearing Board for an interpretation in order to
align the use with the most nearly compatible permitted use. The use
must comply with the lot, area, dimensional, and design criteria of
the district in which it is permitted and any other requirements of
uses it is most closely aligned with. It is the intent of this chapter
to provide for all legitimate uses.
A.
Agricultural uses.
(1)
A1 Farming/Agriculture. The production of agricultural, horticultural,
arboricultural, viticultural, apicultural and dairy products; the
keeping of livestock, poultry, and associated products; the raising
of fur-bearing animals and the associated products; and all related
buildings associated with this use (barns, sheds, silos, etc.), including
the farmhouse.
(a)
Except as provided in § 450-1604A(1)(e) for residential accessory chicken keeping, any structure used for the keeping or raising of cattle, livestock, horses, bees, nondomestic fur-bearing animals, or poultry shall be located not less than 100 feet from any street or property line.
[Amended 7-15-2015 by Ord. No. 231]
(b)
Accessory dwelling units shall meet the requirements of Use
A8 Accessory Farm Dwelling.
(c)
Horses may be boarded, bred and cared for on the property. However,
a riding academy (Use A5) is not included in this use.
(d)
A kennel (Use A4) is not included in this use.
(e)
Keeping or raising of livestock, horses, and poultry.
[Amended 7-15-2015 by Ord. No. 231]
[1]
The keeping or raising of livestock, horses, and
poultry as a principal use or for sale of agricultural products shall
be limited to parcels having a minimum lot area of three acres. On
parcels of three acres or more but less than 20 acres the keeping
or raising of livestock or horses shall be limited to no more than
two head of livestock per acre of pastureland. On parcels of three
acres or more but less than 20 acres the keeping or raising of fowl
shall be limited to 25 fowl per acre of land, regardless of whether
the land is held in pasture or not. Agricultural operations with a
higher level of animal intensity than this shall not be considered
Use Al and shall be required to meet the standards of Use A3 Intensive
Agriculture, including the minimum lot area of 20 acres.
[2]
The keeping of chicken on lots one to three acres
in size, as a residential accessory use, shall be permitted subject
to the following restrictions:
[a]
This residential accessory use shall be permitted
in the RC and RA Zoning Districts only.
[b]
This use shall be in the nature of a hobby or for
personal food consumption with no commercial component. No chicken
products shall be offered for sale, whether on or off the premises.
[c]
The maximum number of chickens shall be 10 adult
hens per acre. No roosters shall be kept on the property at any time.
[d]
Chickens must be contained to an area of the yard
dedicated to raising chickens. Each use must include a chicken coops
or house, located in the areas of the yard dedicated to this accessory
use. Chicken coops or houses, sheds, feed and watering facilities
and the portion of the yard dedicated to raising chicken shall be
located within chicken wire or palisade or board-on-board fencing.
All aspects of the use, including, but not limited to, coops, houses
or sheds, chicken wire and fencing, chickens, feed and watering facilities
shall be located within the required rear yard and comply with the
rear and side setback requirements for principal uses established
in this chapter.
[e]
Areas used for raising chicken must be properly
maintained to eliminate the possibility that any resulting odor or
contamination or waste will affect any other property.
(f)
This use does not include the making of compost and/or mulch
using materials from off-site.
(g)
This use does not include any separately defined use.
(h)
No "game" or "wildlife" (as defined in 34 Pa.C.S.A. § 102)
or "exotic wildlife" (as defined in 34 Pa.C.S.A. § 2961)
may be kept except in accordance with the provisions of the Game and
Wildlife Code of Pennsylvania, 34 Pa.C.S.A. § 101 et seq.,
and the regulations adopted pursuant thereto and in addition to the
following requirements:
[1]
All "game" or "wildlife," as defined in 34 Pa.C.S.A.
§ 102, "exotic wildlife," as defined in 34 Pa.C.S.A § 2961,
shall be confined in primary and secondary enclosures that are sufficient
to prevent such animal from running at large.
[2]
No part of the primary enclosure shall be closer
than 200 feet from the exterior limits of any dwelling or of any property
line.
[3]
A primary enclosure is defined in this chapter
as any building, cage, pen or similar enclosure designed and used
for the purpose of restraining and confining an animal. All primary
enclosures shall be designed and constructed to meet all state and
federal laws and regulations.
[4]
A "secondary enclosure" is defined in this chapter
as an enclosure which is not used for primary confinement, exercise,
or training of wild animals, but which surrounds or encompasses all
primary enclosures where such animals are kept. The purposes of the
secondary enclosure is to serve as a perimeter fence surrounding all
primary enclosures, in order to protect the public by prevention of
escape by an animal accidentally freed from its primary enclosure.
The strength of the secondary enclosure shall be appropriate to the
animals enclosed. The applicant must submit a plan for secondary enclosure
subject to the approval of the Township.
[5]
All primary and secondary enclosures shall be designed,
constructed and maintained so that no foreseeable event or series
of events shall break the structural integrity of the primary or secondary
enclosures.
[6]
The applicant must submit an annual inventory report
of animals to the Township.
(i)
Impervious surface ratio shall not exceed 10%.
(j)
The retail sales of agricultural products shall be permitted
as an accessory use in accordance with the provisions governing Use
A6 Accessory Agricultural Retail.
(k)
Accessory agricultural businesses shall be conducted in accordance
with the provisions governing Use A9 Accessory Farm Business.
(m)
Minimum parking requirement: one space per employee.
(2)
A2 Nursery. Nursery uses, including the growing of trees, ornamentals,
shrubs, flowers, vegetables, with or without retail sales or greenhouses.
(a)
Minimum lot area: five acres.
(b)
Any nursery which has associated with it retail sales shall
have a lot area not less than 10 acres.
(c)
Retail sales facilities shall meet the requirements of Use A6
Accessory Agricultural Retail.
(d)
Accessory dwelling units shall meet the requirements of Use
A8 Accessory Farm Dwelling.
(e)
Accessory agricultural revenue-generating ventures shall meet
the requirements of Use A9 Accessory Farm Business.
(f)
Minimum parking requirement: one space for each 200 square feet
of area for servicing customers.
(3)
A3 Intensive Agriculture. Intensive agriculture, including feedlots,
confinement livestock or poultry operations taking place in structures
or closed pens shall be subject to the following restrictions:
(a)
Minimum lot area: 20 acres.
(b)
Impervious surface ratio shall not exceed 10%.
(c)
All buildings, pens or other structures shall be located at
least 200 feet from any street or property line.
(d)
All applicable regulations of the Pennsylvania Department of
Environmental Protection shall apply.
(f)
If any watercourse is present, it shall be buffered by a 100-foot
setback from the outer edge of the stream bank, unless a vegetated
buffer of not less than 35 feet meeting the standards of the Natural
Resources Conservation Service is provided.
(g)
This use shall exclude the raising of animals for laboratory
or research purposes. The raising of animals for laboratory or research
purposes is classified as Use G8 Industrial Animal Production.
(h)
The retail sales of agricultural products shall be permitted
as an accessory use in accordance with the provisions governing Use
A6 Accessory Agricultural Retail.
(i)
Accessory agricultural businesses shall be conducted in accordance
with the provisions governing Use A9 Accessory Farm Business.
(j)
Accessory dwelling units shall meet the requirements of Use
A8 Accessory Farm Dwelling.
(k)
Minimum parking requirement: one space per employee.
(4)
A4 Kennel.
(a)
An establishment for the housing or keeping of more than six
dogs, cats, or other domestic pets that are more than six months old,
for any of the following purposes; and which are subject to all of
the following regulations:
[1]
Keeping, housing, or care of such animals for compensation.
[2]
Training of such animals whether public or private.
[3]
Boarding of such animals for other parties.
[4]
Public auction or sale of domestic pets.
[5]
Veterinary care, or facilities therefor, requiring
the boarding or outdoor keeping of dogs, cats or domestic pets.
[6]
Grooming, bathing, tick or insect removal facilities.
[7]
Any other similar nonresidential use determined
by the Zoning Officer or designated to be a commercial kennel.
[8]
Retail sales of pet-related items.
(b)
Regulations:
[1]
Minimum lot area: four acres.
[2]
No animal shelter or outdoor exercise area shall
be located closer than 100 feet to any property line or street line.
No animal shelter or outdoor exercise area shall be located closer
than 200 feet to any property line that abuts a residential use or
district.
[3]
The kennel shall be constructed so that the animals
cannot stray.
[4]
The kennel use, including all outdoor exercise
areas, shall be screened along the exterior perimeter from adjoining
residential uses by a double row of evergreen plantings which serve
to screen noise and create a visual and physical barrier. Evergreens
shall be a minimum of six feet in height.
[5]
All dogs must be kept indoors between 10:00 p.m.
and 7:00 a.m.
[7]
The permanent capacity of the kennel on the property
shall not exceed 10 dogs, cats, or other domestic pets per acre.
[8]
If the kennel is part of a veterinary office, the
use shall also meet the requirements of Use D3 Veterinary office or
clinic.
[9]
Minimum parking requirement: one space per employee
plus one space for every 10 animals in capacity, except if the kennel
is also used for animal training or daily boarding in which case one
space shall be provided for every three animals.
(5)
A5 Riding Academy. Riding academy, livery, or boarding stable
where riding or equestrian instruction may be offered and horses may
be boarded, subject to the following provisions:
(a)
Minimum lot area: 10 acres.
(b)
Any structure used for the keeping of horses or other animals
and manure storage areas or barns shall be located not less than 100
feet from any street or property line. Dwelling units or other accessory
structures shall be located in accordance with the yard and setback
requirements for these uses set forth in this chapter.
(c)
Accessory dwelling units shall meet the requirements of Use
A8 Accessory Farm Dwelling.
(d)
Horse shows are permitted only in accordance with the requirements
of Use A9 Accessory Farm Business.
(e)
Impervious surface ratio shall not exceed 10%.
(f)
Minimum parking requirement. One space for every two stalls
plus one space for each employee.
(6)
A6 Accessory Agricultural Retail. Sales of agricultural products
as an accessory use to Uses A1, A2 or A3 may be conducted from a permanent
or portable structure under the following conditions. The intent of
this use is to enable local farms to have retail outlet for products
grown locally. It is not intended to allow for the establishment of
retail farm markets where produce is purchased elsewhere and resold.
(a)
Accessory agricultural retail uses shall be permitted, provided
50% of the gross sales of the products sold shall be grown on the
property.
(b)
The maximum floor area shall be limited to 2,000 square feet
for agricultural retail uses related to Agricultural Uses A1, A2 and
A3.
(c)
Agricultural retail uses shall meet the yard and setback requirements
for the related primary agricultural use.
(d)
Temporary farm stands or buildings of 150 square feet or less
for the seasonal sale of farm produce may be located within the required
front yard as set by the zoning district so long as the stand or building
is a minimum of 25 feet from the edge of the public street cartway.
All such temporary sales buildings or stands shall be removed and
stored at the end of the local growing season.
(e)
Minimum parking requirement. One space for each 200 square feet
of space devoted to retail sales, or a minimum of two spaces, whichever
is greater.
(7)
A7 Forestry. For the purposes of this chapter, "forestry" shall
be defined as the removal of six or more trees per acre of woodlands
in any one year from a forest or wooded area. Forestry includes 1)
the selective cutting for sales of trees for lumber, pulp, firewood
and the like; and 2) the removal of trees from a portion of a forest.
(a)
A zoning permit shall be required for forestry activities. However,
the following activities are specifically exempt from the permitting
requirements, as determined by the property owner.
[1]
Removal of diseased or dead trees.
[2]
Removal of trees which are in such a condition
or physical position as to constitute a danger to the structures or
occupants of properties or a public right-of-way.
[3]
Removal of up to five trees per acre of woodlands per year, not to exceed a total of 50 trees per lot per year, or any combination of adjoining lots in common ownership, which are 12 inches or more in diameter, measured at breast height (dbh), and not covered by the exemptions in Subsection A(7)(a)[1] and [2] above and any number of smaller trees.
(b)
Applications for other forestry activities shall be accompanied
by a forestry plan prepared by a forester, forest technician or forest
plan preparer.
[1]
The forestry plan shall address all applicable
erosion and sedimentation control and stream crossing regulations
under Chapter 102, Erosion and Sediment Control, issued under Act
of June 22, 1937, PL. 1987 (Clean Streams Law),[4] and 25 Pa. Code Chapter 105, Dam Safety and Waterway Management,
issued under Act of 1978, PL. 1375, No. 325 (Dam Safety and Encroachment
Act).[5]
[3]
The forestry plan shall address, at a minimum,
the following:
[a]
Design, construction, maintenance, and retirement
of the access system, including haul roads, skid roads, skid trails
and landings.
[b]
Design, construction, maintenance and retirement
of water control measures and structures such as culverts, broad-based
dips, filter strips and water bars.
[c]
Design, construction, and maintenance of stream
and wetland crossings.
[d]
Log landings.
[e]
Maintenance.
[f]
Road use.
[g]
Road and log landing restoration.
[h]
General location of the anticipated operation in
relation to municipal and state highways, including any accesses to
those highways.
[i]
A stand description for each stand located in the
proposed harvest area.
[j]
Copies of all required permits shall be submitted
as an appendix to the forestry plan.
[k]
A reforestation program shall be submitted which
shall show a program for reestablishment of the forest on a sustained-yield
basis, except where Class I, II or III agricultural soils are to be
converted to agricultural uses.
[l]
Proof of current general liability and/or workers'
compensation insurance.
[m]
Proof of PennDOT highway occupancy permit or Township
driveway permit for temporary access, as applicable.
[n]
Copy of Bucks County Conservation District letter
of adequacy for the proposed erosion control facilities, including
associated plans, reports and other permits as required.
[4]
Each forestry plan shall include a site map containing
the following information:
[a]
Site location and boundaries, including the boundaries
of the property on which the forestry will take place and the boundaries
of the proposed harvest area within that property.
[b]
Significant topographic features related to potential
environmental problems.
[c]
Location of all earth disturbance activities, such
as roads, landings, and water control measures and structures.
[d]
Location of all crossings of watercourses.
[e]
The general location of the proposed operation
to municipal and state highways, including accesses to those highways.
(c)
The following requirements shall apply to all forestry operations:
[1]
The Township shall be notified three working days
both prior to the commencement of operations and before completion
of all work prescribed under the forestry plan. Notification shall
be in writing and shall specify the land on which harvesting will
occur, the expected size of the harvest area, and, as applicable,
the anticipated starting or completion date of the operation. No notification
is required for normal maintenance.
[2]
The forestry plan and all related permits shall
be available at the forestry operation site.
[3]
General operation requirements. The following requirements
shall govern all forestry operations:
[a]
Limited-logging buffer zones with widths of 25
feet shall be maintained along both sides of any watercourse, as identified
on USGS mapping, from the top of bank of the watercourse at bankfull
flow. Only trees 15 inches dbh or larger may be cut, removed, skidded
or transported in a limited-logging buffer zone, except as necessary
for access to the site from the public street.
[b]
Felling, skidding, or storage on or across any
public thoroughfare is prohibited without the express written consent
of the Township or the Pennsylvania Department of Transportation,
whichever is responsible for maintenance of said thoroughfare.
[c]
Felling or skidding on or across any watercourse
is prohibited.
[d]
No tops or slash shall be left within 25 feet of
any public thoroughfare or private roadway.
[e]
All tops and slash between a distance of 25 feet
and 50 feet from a public thoroughfare shall be lopped to a maximum
height of six feet above the surface of the ground.
[f]
No tops or slash shall be left on or across a property
boundary without the consent of the adjoining landowner.
[g]
Litter resulting from any forestry operation shall
be cleaned up and removed from the site before it is vacated by the
operator.
[h]
Any soil, stones and/or debris carried onto public
roadways must be removed immediately.
[i]
When the harvest is completed, both the dirt road
used by the trucks and the skid roads used to drag the logs from the
woods to the loading area must be graded approximately to original
contours and be seeded and mulched as necessary.
[4]
Financial security shall be established in a manner
acceptable to the Township to guarantee repair of all damage that
may occur to public streets due to the forestry/logging operations,
and to guarantee compliance with erosion and sedimentation control
plans, compliance with stormwater management plans and restoration
of the site upon completion of logging operations. Pursuant to 67
Pennsylvania Code Chapter 189, the Township may also require the landowner
or operator to furnish a bond to guarantee the repair of such roads.
[5]
Any removal of trees or other disturbance related
to forestry initiated two years or less before the submission of plans
for subdivision, land development, building or zoning permits is presumed
to be in anticipation of development. If an application for building,
conditional use, subdivision or land development is submitted for
the property within two years of the date that the tree removal or
other disturbance began, the requirements for resource protection
as set forth in this chapter, shall be applied to the property as
it was prior to the disturbance.
(8)
A8 Accessory Farm Dwelling. Detached dwelling unit for the sole
use of the property owner, immediate family members of the property
owner and persons engaged in agricultural employment on the property.
Immediate family members shall be limited to parents, grandparents,
siblings, sons and daughters.
(a)
An accessory farm dwelling is an accessory dwelling unit use
that shall be clearly subordinate to primary uses A1, A2, A3, A4,
or A5.
(b)
Minimum lot area per dwelling unit: 1.8 acres in addition to
the minimum lot area required for the primary agricultural use.
(c)
Maximum density: one unit per 25 acres.
(d)
Accessory farm dwelling shall meet the minimum yard and setback
requirements for the primary use, from any street line or property
line. Applications for zoning permits or for subdivision shall show
the location of the proposed dwelling units.
(e)
Minimum parking requirement. Two parking spaces per dwelling
unit.
(9)
A9 Accessory Farm Business. An accessory farm business is a
revenue-generating venture that is conducted on the land in addition
to, but as an accessory to, principal uses A1, A2, A3, and A5.
(a)
The purpose of these regulations is to encourage the continuation
of farming and the preservation of farmland in West Rockhill Township
by allowing working farmers to market their products and services
directly to the public as an accessory use and in a manner that is
compatible with the rural/residential character of the Township.
(b)
This section does not prevent or regulate the sale of farm produce
grown on properties within the Township's agricultural security areas
where such retail sale is permitted under Pennsylvania Act 43[6] which requires that a minimum of 50% of the products sold
shall be grown on the farm on which the retail sale occurs.
[6]
Editor's Note: See 3 P.S. § 901 et seq.
(c)
All farm businesses shall meet the requirements for water supply,
sewage disposal, and restroom facilities of the Bucks County Health
Department and any other agency with jurisdiction.
(d)
The accessory farm business is permitted as an accessory use
only. If any of the conditions to which the use is subject cease to
be met, then the accessory farm business use shall also cease.
(e)
Accessory farm business shall be defined as the use of the farm
for educational tours, seasonal festivals related to products grown
on the farm, craft fairs, hayrides, and horse shows. Accessory farm
businesses are subject to the following additional requirements:
[1]
Minimum lot area: 25 contiguously owned acres.
[2]
The accessory farm uses permitted are limited to
educational tours, seasonal festivals related to products grown on
the farm, craft fairs, hayrides, and horse shows.
[3]
No activity or event or structure used for an activity
or event shall be located within 150 feet of a right-of-way line or
property line, except for parking areas which may be located within
50 feet of a right-of-way line or property line.
[4]
No activity or event shall continue past 9:00 p.m.
Sunday through Thursday and past 11:00 p.m. Friday and Saturday (either
on the eastern standard or daylight savings time system).
[6]
Uses are subject to the following regulations on
frequency and duration:
[a]
Halloween hayrides. A permit shall be required.
Halloween hayrides may operate from the first Saturday in October
through October 31.
[b]
Seasonal festivals, craft fairs, or horse shows.
A permit shall be required. A total of no more than four such events
shall be permitted per farm per calendar year. A single festival shall
not exceed four days in duration. The applicant shall submit a traffic
control and parking management plan to the satisfaction of the Township.
[7]
Lighting may be used for special events for the
duration of the event only and may not shine or produce glare, as
defined and regulated by this chapter, on adjacent properties. All
event-related lighting is to be turned out 30 minutes after the event
has concluded.
[8]
A total of 32 square feet of sign area shall be
permitted. The sign area may be divided into no more than two signs.
The signs may be put in place no more than two weeks prior to the
event and must be removed within five days of the conclusion of the
event. No more than 32 square feet of sign area for the farm entertainment
use shall be permitted at any time on any one property. No internally
lighted signs or portable signs on wheels shall be permitted. The
signs must have a sign permit and shall be subject to all applicable
requirements of this chapter.
[9]
Minimum parking requirement. Off-street parking
areas shall be provided in designated areas to accommodate all attendees
at any special event, seasonal festival, craft fair, hayride, or other
permitted event.
(10)
A10 Farm Support Facility. Commercial grain or commercial feed
mill. Facility for the warehousing and sale of feed and feed supplies.
[Amended 10-19-2011 by Ord. No. 207]
(11)
A11 Residential Accessory Livestock. The keeping of livestock
or horses shall be permitted as an accessory use to Use B1 Single-Family
Detached Dwelling, subject to the following requirements:
(a)
The use shall be clearly accessory to a principal single-family
detached dwelling use.
(b)
The use shall be set back a minimum 50 feet from the principal
dwelling.
(c)
In addition to the minimum lot area required for the principal
use, the lot shall have a minimum three acres of pastureland.
(d)
The keeping or raising of livestock or horses shall be limited
to no more than one head of livestock per acre of pastureland for
a maximum of seven livestock or horses. Lots with a greater intensity
of livestock or horses must meet the requirements of Use A1 Farming/Agriculture.
B.
Residential uses.
(1)
B1 Single-Family Detached Dwelling. A dwelling which is designed
for and occupied by not more than one family and surrounded by yards
and which is not attached to any other dwelling by any means. Detached
dwellings may include dwellings constructed on the lot, prefabricated
dwellings, manufactured dwellings, modular dwellings and mobile homes.
No more than one principal dwelling shall be placed on an individual
lot.
(a)
If the dwelling is a mobile home, the following conditions shall
also apply:
[1]
The mobile home shall be placed on concrete or
masonry footings and shall be secured as required by the West Rockhill
Township Building Code.
[2]
The area between the ground level and the perimeter
of the mobile home shall be enclosed by means of a suitable skirting.
[3]
No more than one mobile home shall be placed on
an individual lot and such mobile home shall be occupied by not more
than a single family.
(b)
Minimum parking requirement. Two spaces per dwelling unit, plus
1.5 spaces spillover parking provided on-street or on-lot. Two spaces
per dwelling unit plus 1.0 spillover parking space is required in
the VC Village Center Zoning District.
(2)
B2 Performance Standard Subdivision. A performance standard
subdivision is a subdivision which permits a variety of housing types,
listed below, subject to a series of standards. The performance standard
subdivision requires the provision of open space and limits density
and impervious surfaces for the subdivision as a whole.
(a)
Minimum site area: five acres.
(b)
The site shall have a minimum setback along all property and/or
street lines of 50 feet. Where the property abuts an arterial or collector
road, the setback shall be no less than 100 feet.
(c)
Required dwelling unit mix. All performance standard subdivisions shall conform to the following standards for dwelling unit mix, except that a performance subdivision containing all single-family detached dwellings need not meet the requirements for dwelling unit mix. Refer to § 450-1604B(2)(j) for permitted dwelling unit types.
|
Number of Dwelling Units in Performance Standard Subdivision
| |||
|---|---|---|---|
|
1 to 25
|
26 to 80
|
More than 80
| |
|
Minimum required number of dwelling types
|
1
|
1
|
3
|
|
Maximum number of dwelling types
|
1
|
2
|
—
|
|
Maximum percent of any 1 dwelling type
|
100%
|
100%
|
40%
|
(d)
Open space design standards contained in this chapter shall
apply.
(e)
Open space ratio: 40% of the base site area, as determined by the site capacity calculations of § 450-1701.
(f)
Maximum net density (dwelling units/acre): 5.60.
(g)
Maximum impervious surface ratio: 40%.
(h)
Maximum building height: 35 feet.
(i)
Minimum parking requirement: depends on a unit mix; parking
by unit types required.
(j)
Dwelling types permitted. Refer to § 450-1604B(2)(c) for the required dwelling unit mix.
[1]
Duplex dwelling, part of performance standard subdivision.
[a]
A building designed for and occupied exclusively
as a residence for two families living independently of each other
with one family wholly or partly over the other and having no party
wall in common with an adjacent building. Where a private garage is
structurally attached to such a building, it shall be considered a
part thereof.
|
Minimum lot area per dwelling unit
|
5,000 square feet
| |
|
Minimum lot width
|
45 feet
| |
|
Yards:
| ||
|
Front
|
40 feet
| |
|
Side
|
10 feet
| |
|
Rear
|
30 feet
| |
[b]
Minimum parking requirement. Two spaces per dwelling
unit, plus 1.0 parking spaces of spillover parking per dwelling unit
provided on-street or on-lot.
[2]
Multifamily, part of performance standard subdivision.
A building, not a townhouse, on a lot designed for and occupied exclusively
as a residence for three or more families living independently of
one another.
|
Minimum lot area per dwelling unit
|
2,500 feet*
| |
|
Minimum lot width (tract)
|
270 feet
| |
|
Yards:
| ||
|
Front
|
40 feet from street line
| |
|
Side
|
50 feet
| |
|
Rear*
|
50 feet
| |
|
NOTE:
| |
|---|---|
|
*
|
Used to calculate the total required common lot area, which
must be equal to the sum of the required lot areas of all dwelling
units within the building, exclusive of any area set aside as required
open space.
|
[a]
The maximum length of such a building shall be
120 feet.
[b]
Multifamily residences shall be arranged in groups
or clusters and not in long rows parallel to street lines.
[c]
To create architectural interest in the layout
and character of housing frontage streets, variations in setbacks,
materials and design shall be used.
[d]
The distance between any two buildings, either
of which faces or backs upon the other in whole or in part, shall
not be less than 75 feet.
[e]
The distance between the sides of any buildings
shall not be less than 30 feet.
[f]
The distance between any building face and a parking
area shall not be less than 20 feet.
[g]
The minimum distance between building and required
open space (not the common area of buildings) shall not be less than
30 feet.
[h]
Minimum parking requirement. Two spaces per unit,
plus 1.0 spaces of spillover parking per dwelling unit provided on-street
or on-lot.
[3]
Townhouse dwelling, part of performance standard
subdivision. A dwelling on a lot designed and occupied exclusively
as a residence for one family, having independent outside access and
attached to but separated from adjoining dwellings by not more than
two party walls.
|
Minimum lot area per dwelling unit
|
2,500 square feet
| ||
|
Minimum lot width
|
24 feet
| ||
|
Minimum yards:
| |||
|
Front:
| |||
|
From street line
|
35 feet if driveway and parking are located in front yard;
20 feet if no driveway or parking in front yard
| ||
|
From common parking area
|
20 feet
| ||
|
Side (between buildings)
|
30 feet (between buildings);
15 feet from property line for end units
| ||
|
Rear
|
25 feet
| ||
|
Minimum garage setback
|
35 feet from front street line
| ||
[a]
Dwellings shall be arranged in groups or clusters
and not in long rows parallel to street lines. No less than four but
no more than six such dwellings may be attached in any one group.
[b]
To create architectural interest in the layout
and character of townhouses, the complex shall be designed around
a unified architectural theme with variations in setbacks and materials.
A minimum of two feet variation in setback shall occur at least every
third dwelling.
[c]
Minimum parking requirement. Two spaces per unit,
plus 1.0 spaces spillover parking per dwelling unit provided on-street
or on-lot.
[4]
Twin dwelling, part of performance standard subdivision.
[a]
A semidetached dwelling unit having only one wall
in common with another dwelling unit with no more than two dwelling
units per structure. Where a private garage is structurally attached
to such a building, it shall be considered a part thereof.
|
Minimum lot area per dwelling unit
|
5,000 square feet
| |
|
Minimum lot width
|
45 feet
| |
|
Yards:
| ||
|
Front
|
40 feet
| |
|
Side
|
10 feet (one side only)
| |
|
Rear
|
25 feet
| |
[b]
Minimum parking requirement. Two spaces per dwelling
unit, plus 1.0 spaces spillover parking per dwelling unit provided
on-street or on-lot.
[5]
Single-family detached, part of performance standard
subdivision. A dwelling which is designed for and occupied by not
more than one family and surrounded by yards and which is not attached
to any other dwelling by any means. Detached dwellings may include
dwellings constructed on the lot, prefabricated dwellings, manufactured
dwellings, modular dwellings and mobile homes. No more than one principal
dwelling shall be placed on an individual lot.
|
Minimum lot area per dwelling unit
|
10,000 square feet
| |
|
Minimum lot width
|
80 feet
| |
|
Yards:
| ||
|
Front
|
40 feet
| |
|
Side
|
10 feet
| |
|
Rear
|
35 feet
| |
[a]
Minimum parking requirement. Two spaces per dwelling
unit, plus 1.5 spillover parking spaces per dwelling unit provided
on-street or on-lot.
[b]
If the dwelling is a mobile home, the following
conditions shall also apply:
[i]
The mobile home shall be placed on concrete or
masonry footings and shall be secured as required by the Township
Building Code.
[ii]
The area between the ground level and the perimeter
of the mobile home shall be enclosed by means of a suitable skirting.
[iii]
No more than one mobile home shall be placed
on an individual lot and such mobile home shall be occupied by not
more than a single family.
[6]
Village house, part of performance standard subdivision.
A village house is a single-family detached dwelling on an individual
lot with private yards on all four sides of the house. It differs
from other forms of single-family detached dwellings in its lot area
and placement on the lot, which are similar to houses found in the
historic villages and towns. The unit is placed at the building setback
line while the garage and off-street car storage is oriented to the
rear of the lot. It is additionally distinguished from other single-family
houses by planting and/or architectural treatments.
|
Minimum lot area per dwelling unit
|
6,000 square feet
| |
|
Minimum lot width
|
50 feet
| |
|
Yards:
| ||
|
Front
|
15 feet minimum;
20 feet maximum
| |
|
Side
|
5 feet; 15 feet aggregate
| |
|
Rear
|
25 feet
| |
[a]
All village houses are required to obtain vehicle
access to the dwelling through the rear yard, via alleys. Under no
circumstances will vehicle access be permitted across the front street
line for village houses.
[b]
All village houses shall have a covered, unenclosed
porch running across at least 3/4 of the house front, being at least
seven feet in width.
[c]
Each unit shall also meet one of the following:
[i]
A front yard raised above sidewalk grade by at
least 30 inches with a retaining wall of at least 18 inches at the
sidewalk line.
[ii]
A front yard enclosed by a wall or fence of permanent
construction at least 30 inches in height and one flowering shrub
per 60 inches across the width of the front of the house, in addition
to required street trees.
[d]
All parts of the garage must be set back at least
10 feet further from the front building line of the dwelling than
the front of the dwelling.
[e]
Minimum parking requirement: two spaces per dwelling
unit, plus 1.5 spillover parking spaces per dwelling unit provided
on-street or on-lot.
(3)
B3 Multifamily Dwelling. A building, not a townhouse, on a lot
designed for and occupied exclusively as a residence for three or
more families living independently of one another.
(4)
B4 Townhouse Dwelling. A dwelling on a lot designed and occupied
exclusively as a residence for one family, having independent outside
access and attached to but separated from adjoining dwellings by not
more than two party walls.
(5)
B5 Twin Dwelling. A semidetached dwelling unit having only one
wall in common with another dwelling unit with no more than two dwelling
units per structure. Where a private garage is structurally attached
to such a building, it shall be considered a part thereof.
(6)
B6 Village House. A village house is a single-family detached
dwelling on an individual lot with private yards on all four sides
of the house. It differs from other forms of single-family detached
dwellings in its lot area and placement on the lot, which are similar
to houses found in the historic villages and towns. The unit is placed
at the building setback line while the garage and off-street car storage
is oriented to the rear of the lot. It is additionally distinguished
from other single-family houses by planting and/or architectural treatments.
(7)
B7 Community Residential Facility.
(a)
A dwelling intended for and occupied by persons who are not
handicapped as that term is defined by the Fair Housing Act, 42 U.S.C.
§ 3601 et seq., and who are living together as a single,
nonprofit housekeeping unit. Such unrelated nonhandicapped persons
shall be limited to individuals with current, illegal use of or addiction
to a controlled substance (as defined in Section 102 of the Controlled
Substances Act, 21 U.S.C. § 802) and who are participants
in a certified drug rehabilitation or recovery program, individuals
housed in facilities serving as an alternative to incarceration, including
facilities for adjudicated dependent and/or delinquent youths, and
individuals who are abused and/or neglected, such as victims of child
or spousal abuse.
(b)
In addition to any other applicable provisions of the zoning,
the following standards must be met in order to qualify for this use:
[1]
Minimum lot area: 1.5 acres, or the minimum lot
area for Use B1 Single-Family Detached in the applicable zoning district,
whichever is greater.
[2]
The minimum yard, minimum lot width, and maximum
impervious surface ratio requirements for Use B1 Single-Family Detached
Dwelling for the district in which the community residential facility
is located shall be required.
[3]
All community residential facilities shall have
a minimum of 1,500 square feet of building area, exclusive of building
area covered by a garage or other similar building. For community
residential facilities housing more than six residents, an additional
125 square feet shall be required for each additional resident above
six.
[4]
Community residential facilities that are converted
from Use B1 Single-Family detached must maintain the appearance of
a detached dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. Exterior stairways
and fire escapes shall be located on the rear wall in preference to
either side wall and in no case on a front or side wall facing a street.
[5]
The number of persons living in such a group home
shall not exceed 10 in number. Support staff which does not reside
at the group home residence shall not be included in the maximum number
of 10.
[6]
Each person shall have private sleeping space and
shall share kitchen, bath, living and dining spaces.
[7]
All community residential facilities shall have
at least one employee on site 24 hours a day to provide supervision
in accordance with all applicable federal and state governmental regulations.
[8]
If any community residential facility use is to
be operated by a group, organization or corporation that is subject
to federal, state or local regulation, then said group, organization
or corporation must comply with all appropriate regulations of all
governmental agencies authorized to regulate said group, organization
or corporation. Proof of compliance with all applicable regulations
shall be furnished to the West Rockhill Township Zoning Officer within
three months of the granting of the zoning permit.
[9]
Review and comment by the local policing authority
is required for all proposals involving this use.
[10]
When a community residential facility is located
in a residential district or abuts existing residential uses or a
residential district, off-street parking spaces shall be located to
the side or rear of the residential community facility.
[11]
Off-street parking lots with three or more spaces
shall be buffered from abutting residences with a planted buffer at
least 10 feet in width.
[12]
Parking. One space for every resident of the facility
who is over 16 years of age and who is not, by condition of residence
at the facility, restricted from keeping an automobile on-site for
personal use, in addition to one space for the maximum number of employees
working and/or residing in the community residential facility at any
one time. The number of required spaces may be reduced at the discretion
of the Board of Supervisors if the Board determines that the parking
facilities required by the provisions of this section exceeds the
reasonable needs of the proposed facility.
(8)
B8 Mobile Home Park. A mobile home park is a parcel of land
or contiguous parcels of land which has been so designated and improved
so that it contains two or more mobile home lots for the placement
thereon of mobile homes.
(a)
Dimensional requirements.
|
Single-Wide Units to 61 feet
|
Single-Wide Units 61 feet or greater
|
Double-Wide Units
| ||
|---|---|---|---|---|
|
Minimum lot area (square feet)
|
4,800
|
5,250
|
7,000
| |
|
Minimum lot width at building setback line (feet)
|
45
|
45
|
60
| |
|
Minimum yards (feet)
| ||||
|
Front
|
20
|
20
|
30
| |
|
Side
|
5
|
5
|
5
| |
|
Rear
|
15
|
15
|
15
| |
|
Minimum distance between units (feet)
|
30
|
30
|
30
| |
(c)
Where the dwelling is a mobile home, the following conditions
shall also apply:
[1]
No more than one mobile home shall be placed on
a mobile home lot and such mobile home shall be occupied by not more
than a single family.
[2]
The area between the ground level and the perimeter
of the mobile home shall be enclosed by means of a suitable skirting.
[3]
The mobile home shall be placed on concrete or
masonry footings and shall be secured as required by the West Rockhill
Township Building Code.
(d)
Every mobile home shall have access to an improved street in the mobile home park in accordance with Chapter 365, Subdivision and Land Development.
(e)
No space shall be rented for residential use of a mobile home
in any such park except for periods of 30 days or more.
(f)
Plans for any mobile home park shall be submitted in conformance with Chapter 365, Subdivision and Land Development.
(g)
No mobile home, parking, loading or service area shall be located
less than 75 feet from a street ultimate right-of-way or other property
line.
(h)
All utilities shall be placed underground within the mobile
home park.
(j)
Within a mobile home park, nonresidential uses such as a management
office, storage facilities for the park residents, laundry facilities,
maintenance buildings and storage areas for park maintenance equipment,
and a community building for the use of the park residents may be
constructed subject to the following standards:
(k)
Adequate storage area to permit the residents to park and store
campers and boats shall be provided. This area shall be paved and
screened by fence or living screen from the remainder of the mobile
home park. No campers or boats shall be stored other than in such
a storage area. No abandoned vehicles shall be permitted within the
park.
(l)
Owner or operator of a mobile home park shall register all new
occupants with the Township within 30 days of a change in occupants
or occupancy of a unit.
(m)
Minimum parking requirement. Two spaces per unit, plus 1.5 spillover
parking spaces per unit provided on-street or on-lot.
(9)
B9 Continuing Care Retirement Community. A continuing care retirement
community is a form of residential use for retiring and aging persons
containing certain support facilities for them which will offer a
continuum of care as they age. A continuing care retirement community
shall be subject to the following additional provisions:
(b)
The maximum density shall be 6.5 dwelling units per acre for
persons living independently. Additional residential populations shall
be permitted as residents of certain support facilities including,
but not limited to, personal care facilities, intermediate nursing
and skilled nursing facilities.
(c)
The site shall have a minimum setback along all property and/or
street lines of 50 feet. Where the property abuts an arterial or collector
road, the setback shall be no less than 100 feet.
(d)
Any housing type permitted in Use B2 Performance Subdivision shall be a permitted housing type for the independent living units, provided that such housing type meets the requirements of § 450-1604B(2) for that housing type, with the exception that the maximum building height for multifamily dwellings shall be 55 feet. In the case where independent living units are not subdivided into separate lots and such units are to be held in common ownership by the owner of the community care retirement community, each individual unit or structure containing multiple units, as appropriate to the particular housing type, shall nonetheless be required to meet the dimensional requirements for that individual unit or structure.
(e)
The applicant shall submit a transportation plan providing access
for residents to off-site medical, retail and community services at
a minimum of once per week.
(f)
Support facilities to aid the physical and social well-being
of the residents and to provide a continuum of care shall be permitted
and may include the following:
[1]
Common dining areas shall be permitted which are
available to residents and their guests. These shall be conveniently
and accessibly located for all residents.
[2]
Personal care facilities shall be permitted where
persons may reside who have previously lived independently but who
have developed a need for personalized care. A personal care facility
is an establishment in which food, shelter, personal assistance or
supervision are provided for a period exceeding 24 hours for more
than three adults who are not relatives of the operator and who require
assistance or supervision in matters such as dressing, bathing, diet
or medication prescribed for self-administration but who do not require
hospitalization or care in a skilled nursing or intermediate care
facility. Such facilities shall comply with the Pennsylvania Department
of Public Welfare regulations for personal care facilities. These
facilities may be for both short term and long term use but shall
not exceed one personal care room per two independent living units.
Single-occupancy and double-occupancy rooms shall be permitted.
[3]
Nursing facilities for temporary or long-term,
nursing care shall be permitted. The number of nursing care beds for
long-term care shall not exceed one bed per 1.2 independent living
units.
[4]
Retail facilities, administrative and activity
areas shall be permitted for the use of residents and their guests.
No outside advertising shall be permitted. These may include the following:
[a]
Barbershop and beauty shop.
[b]
Pharmacy (as an adjunct to nursing).
[c]
Commissary.
[d]
Newsstand.
[e]
Gift shop.
[f]
Snack bar/coffee shop.
[g]
Craft shop and craft making rooms.
[h]
Greenhouse.
[i]
Games room/activity room.
[j]
Meeting rooms.
[k]
Chapel.
[l]
Administrative offices.
[m]
Automated teller machines.
[n]
Library.
[o]
Therapeutic and recreational swimming pool.
[p]
Therapeutic and recreational exercise room.
[q]
Tennis courts and other game courts.
[r]
Other similar types of retail and activity support
facilities which aid the physical and social well-being of the residents.
(g)
Day care facilities for elderly, nonresidents of the continuing
care retirement community may be operated by the continuing care retirement
community as a service to the community and as an alternative form
of care whereby persons needing care may live with their children
or their guardians during aging years but may be left in the care
of qualified persons during working hours.
(h)
Accessory facilities which serve the primary function of the
continuing care retirement community, such as kitchen areas, lawn
and maintenance service and storage areas, laundry facilities, gazebos,
parking shelters and other similar facilities, shall be permitted.
(i)
Signage shall be permitted along each road on which the site
fronts identifying the name of the facility and/or emphasizing the
entrance area. The sign shall not exceed 200 square feet of surface
area on each sign face and shall be set back from the street right-of-way
by a distance of 25 feet. It shall be appropriately landscaped and
may incorporate wood, masonry or other decorative elements to enhance
and accentuate the sign area yet blend with the site. Other directional
signage shall be permitted in the internal portion of the site to
guide visitors, residents and service vehicles to appropriate locations.
(j)
At least two means of ingress and egress shall be provided for
emergency service vehicles to access the facility.
(k)
At least 50% of the site area must be maintained as open space
which shall not include detention basins, parking lots, accessory
buildings or any impervious surfaces except those used for recreational
purposes. Multi-purpose trails shall be provided through the open
space area. Trails shall be a minimum of eight feet in width and be
constructed with hard surface such as bituminous pavement, concrete,
or paver blocks. Benches and trash receptacles shall be provided along
the trail.
(l)
Parking shall be provided as follows:
[1]
Employees: one space per each employee calculated
for maximum shift size.
[2]
Residents and visitors: 0.50 spaces for each independent
living unit, personal care room and nursing care bed.
[3]
In no case shall the total number of parking spaces
be less than 75 spaces per total of independent living units, personal
care rooms and nursing care beds.
[4]
Parking stalls shall be located and disbursed at
locations convenient and accessible to the users. All parking areas
shall be appropriately landscaped with trees, shrubs and ground cover.
(10)
B10 Age-Qualified Community. Age-qualified community is a residential
use provision that has been included to encourage the development
of communities for people of retirement age. A variety of housing
types are permitted to give the developer flexibility in choosing
the types that are most appropriate. In addition to any other applicable
provisions of this chapter, the following standards must be met in
order to qualify for this use.
(a)
Any housing type permitted within Use B2 Performance Standard
Subdivision, are permitted subject to the specific standards for the
individual types; except as modified below. All units within a development
under this use shall be limited to no more than two bedrooms per dwelling
unit.
(b)
(c)
One occupant of the dwelling unit must be 55 years of age or
older. All occupants, if unrelated by blood or marriage, shall be
55 years of age or older. No persons under the age of 19 shall occupy
a unit for more than three months in a calendar year.
(d)
A community center for the residents of the development is required
to be constructed when the development is in excess of 100 dwelling
units. Community centers are optional in smaller developments. The
center may provide the following facilities:
(e)
Permitted support facilities may include some or all of the
following services, and no others. Support facilities are intended
for the sole use of residents and their guests.
(f)
Multipurpose trails shall be provided through the open space
area. Trails shall be a minimum of eight feet in width and be constructed
with hard surface, such as bituminous pavement, concrete, or paver
blocks. Benches and trash receptacles shall be provided along the
trail.
(g)
A minimum of 5% of the housing units shall have barrier-free
access to accommodate the physically handicapped.
(h)
Prior to final approval of the plans, the Township must be satisfied
with and in agreement with the legal arrangements and contracts to
insure adherence to the age restrictions.
(i)
Homeowners' association documents shall be prepared in a form
acceptable to the Township.
(j)
Outdoor storage of recreational vehicles, such as boats, campers
and motor homes, shall not be permitted within an age-restricted community
unless authorized by the approved homeowners' association regulations
and the following minimum requirements are met:
[1]
No parking spaces or spillover parking spaces required
for dwelling units pursuant to these regulations shall be utilized
for outdoor parking/storage of recreational vehicles. Outdoor storage
of recreational vehicles shall be limited to designated parking/storage
areas.
[2]
Designated parking/storage areas shall be of sufficient
size to accommodate the estimated number of recreational vehicles
that may be owned by the residents of the community. The developer
shall provide methodology used in determining the number of spaces/size
required for the parking/storage area for review and approval by the
Township.
[3]
Designated parking/storage areas for recreational
vehicles shall provide adequate maneuvering space so that use of these
facilities will not interfere with traffic movement through the community.
[4]
Access to the designated parking/storage areas
for recreational vehicles shall be provided from internal streets/parking
areas and not from existing public streets.
[5]
Designated parking/storage areas for recreational
vehicles shall be adequately screened with berms and/or landscape
plantings so as not to be visible from surrounding dwellings, except
at access points.
(k)
For the purpose of calculating open space area within an age-qualified
community, open space area shall not include:
[1]
Stormwater management facilities.
[2]
Easement or rights-of-way for aboveground electric
transmission facilities.
[3]
All streets, parking areas, and street rights-of-way.
[4]
Area between proposed dwelling units and street
or parking area from which the dwelling units take access.
[5]
Area within 15 feet of the side and rear of dwelling
units.
[6]
Any isolated area less than 10,000 square feet.
(l)
Minimum recreation land area shall be identified on the plan within the open space. Recreation land shall be a contiguous area suitable for the use(s) intended. Land shall not contain areas with resource restrictions as identified in § 450-1700 of this chapter.
(m)
All interior streets shall be privately owned and maintained; however, they must be designed and constructed in accordance with Chapter 365, Subdivision and Land Development, design regulations.
(n)
At least two means of ingress and egress shall be provided for
emergency service vehicles to access the community.
(o)
Minimum off-street parking requirements: two off-street parking
spaces per dwelling unit, plus one space for each employee on the
largest shift. One off-street parking space for each eight dwelling
units if a community center is part of the community.
(11)
B11 Residential Conversion. The conversion of an existing single-family
dwelling into two or more dwelling units in districts where residential
conversions are permitted, or the residential conversion of an existing
nonresidential building in the VC District. In addition to any other
applicable provisions of this chapter, the following standards must
be met.
[Amended 10-19-2011 by Ord. No. 207]
(a)
Detached dwellings which are converted must maintain the appearance
of a detached dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure, or the dwelling
units may share the single front entrance. Exterior stairways and
fire escapes shall be located on the rear wall in preference to either
side wall and in no case on a front or side wall facing a street.
(b)
Except as may be necessary for purposes of safety in accordance with Subsection B(11)(a) of this section, there shall be no major structural change in the exterior of the building in connection with the conversion. After conversion, the building shall retain substantially the same structural appearance it had before such conversion.
(c)
Separate cooking and sanitary facilities shall be provided for
each dwelling unit.
(d)
Off-street parking spaces shall be located to the side or rear
of the converted structure.
(e)
Off-street parking lots with three or more spaces shall be buffered
from abutting residences with a planted buffer at least 10 feet in
width.
(f)
The minimum yard and lot width requirements of the district
in which the conversion occurs for Use B1 Single-Family Detached Dwelling
shall be adhered to. The maximum impervious surface ratio shall be
50%.
(g)
Each converted structure shall have a recreational/patio area
of at least 200 square feet per dwelling unit. The recreational/patio
area shall not be located in the front of the structure or within
the minimum side or rear setbacks.
(h)
The conversion of an existing nonresidential structure to residential
use shall be permitted by the Board of Supervisors provided that the
applicant adequately demonstrates that the building has little current
or potential economic usefulness as a nonresidential structure and
that its conversion to a residential use shall not have a detrimental
impact on the economic viability of the village in which it is located
as a mixed-use area.
(i)
Minimum off-street parking requirements: two off-street parking
spaces per dwelling unit, plus 1.0 spaces spillover parking provided
on-street or on-lot.
(12)
B12 Rooming House or Boardinghouse.
(a)
A dwelling used for the housing of roomers, boarders or lodgers
with or without common eating facilities, including dormitories, fraternity
or sorority houses, or other buildings of charitable, educational,
or philanthropic use.
(b)
Each sleeping room shall be limited to two beds.
(c)
Parking: one space per bedroom.
C.
Religious, educational, recreational and institutional uses.
(1)
C1 Place of Worship. Any structure or structures used for worship
or religious instruction, including accessory social and administrative
rooms, but not including any commercial activity.
(a)
Minimum lot area: two acres.
(b)
Where said use abuts a residential use, the minimum side yard
shall be doubled.
(c)
A cemetery may be an accessory use to a place of worship provided
that the following requirements are met:
[1]
No more than 10% of the entire area may be devoted
to aboveground buildings not serving as burial markers or memorials,
such as business and administration offices, chapels, maintenance
facilities, greenhouses or repair shops.
[2]
A buffer strip of at least 20 feet shall be provided
between any building or burial site and the cemetery property line.
[3]
There shall be no more than one identification
sign at each entrance.
[4]
No such entrance walls, signs or other entrance
features shall exceed 12 feet in height.
(d)
Minimum parking requirement: one space per every three seats
in the main assembly plus one space per 150 square feet of floor area
of other areas used or intended to be used for service to patrons,
guests, or members.
(2)
C2 School. A private school, religious or nonreligious, public
school, college or junior college which is not conducted as a private,
gainful business and is licensed under the proper governmental authority.
(a)
Minimum lot area: 10 acres.
(c)
At least two means of ingress and egress shall be provided for
emergency service vehicles to access the facility.
(d)
The applicant shall provide plans that show designated student
pickup and dropoff areas. Adequate stacking area shall be provided
so that vehicles entering the site will not interfere with traffic
flow on the adjacent public streets. The plan for parking layout,
pickup and dropoff areas and stacking areas are subject to the approval
of the Township.
(e)
Minimum parking requirements:
[1]
Nursery school or kindergarten: One off-street
parking space for each faculty member and employee plus two additional
spaces per classroom.
[2]
Elementary school: One off-street parking space
for each faculty member and employee plus one space per two classrooms
and offices.
[3]
Junior high or middle school: one off-street parking
space for each faculty member and employee plus one space per two
classrooms and offices.
[4]
Senior high school: one off-street parking space
per each faculty member and employee plus one per 10 students of projected
building capacity.
[5]
College and junior college: one off-street parking
space per faculty member and employee plus one space for each 10 classroom
seats, or one off-street parking space for each 10 auditorium seats,
whichever requires the greater number of off-street parking spaces.
(3)
C3 Commercial School. A trade, professional, music, gymnastics,
art, dancing or other similar school providing instruction in a trade,
in the arts, or other activities, and not including uses C2 and C9.
Other schools not included in uses C2 or C9 shall be considered a
commercial school.
(a)
Minimum parking requirement: one space per faculty member and
employee, plus one space per three students at maximum capacity.
(4)
C4 Library or Museum. A library or museum open to the public
or connected with a permitted educational use and not conducted as
a private, gainful business.
(a)
Minimum parking requirement: one space per 250 square feet of
floor area.
(5)
C5 Private Outdoor Sports Facility. A private outdoor sports
facility, such as tennis club, skating rink, swimming pool or other
similar use, but not including amusement park, E24 Commercial Recreation/Entertainment
and E22 Amusement Halls and Arcades.
(a)
No outdoor active recreational area shall be located nearer
to any property or street line than 100 feet.
(b)
Outdoor play areas shall be screened and buffered so as to protect the neighborhood from noise and other disturbances. The buffer yard requirements of § 450-1704 of this chapter shall be met.
(c)
Minimum parking requirement: one space per three seats or three
persons of intended capacity, plus one additional space per employee.
(6)
C6 Public Recreation Area. A public recreational facility, indoor
or outdoor, such as a public park, nature preserve, open space, tennis
club, skating rink, swimming pool or other similar use, which is owned
and/or operated by West Rockhill Township, Bucks County, the state
or other governmental body.
(a)
No outdoor recreational area shall be located nearer to any
property or street line than 100 feet except in the Village Center
District (VC) where no outdoor active recreational area shall be located
nearer to any property or street line than 50 feet.
(b)
Outdoor play areas shall be screened and buffered so as to protect
the neighborhood from noise and other disturbances.
(c)
Minimum parking requirement. The number of parking spaces to
be provided shall be determined by the Township Planning Commission
and Board of Supervisors in consultation with the latest edition of
the Institute for Transportation Engineers' Parking Generation Rates
publication.
(7)
C7 Golf Course. A golf course may include an eighteen-hole golf
course, a club house, restaurant and other accessory uses, provided
these are clearly accessory to the golf course and is subject to the
following provisions:
(b)
No building shall be closer than 100 feet to any lot line.
(c)
Minimum parking requirement. Three spaces for each hole, plus
one additional space for each employee. In addition, where accessory
uses are proposed in conjunction with the golf course, one space for
every five persons of total capacity or at least one space for each
50 square feet of floor area used or intended to be used for service
to customers, patrons, clients, guests or members, whichever requires
the greater number of spaces, plus one additional space for each employee.
(8)
C8 Private Organization or Club. A club for social, fraternal,
civic, cultural or educational purposes operated on a membership basis
by a nonprofit organization.
(a)
The chief activity permitted shall be noncommercial, nonprofit
and clearly one that is not customarily carried on as a business.
(b)
Each building or facility devoted to such use shall be primarily
for the use of members and their guests.
(c)
The eating and dining accommodations shall be incidental to
the purpose of the club.
(d)
In all residential districts, private organizations shall be
limited to homeowners' associations, condominium associations, neighborhood
associations or like groups which do not as part of their regular
activities provide dining services and/or the service of alcoholic
beverages.
(e)
Minimum parking requirement: one space for every five people
of total capacity, or one space for every 50 square feet of floor
area used or intended to be used for service to customers, patrons,
clients, guests, or members, whichever requires the greater number
of spaces, plus one space per employee.
(9)
C9 Day-Care Center. Day nursery, nursery school, kindergarten,
or other agency giving day care to more than six children or any number
of adults in need of day care, excluding care provided by relatives
and care provided by places of worship during religious services.
This use is not a home occupation or an accessory use to a residence.
(a)
The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day Care Division. The applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter II, Section 8A, of the Department of Public Welfare's Social Services manual by this Department to the applicant, subject to licensure under Article X of the Public Welfare Code.[7]
(b)
A Type 1 buffer planted in accordance with § 450-1704 shall be provided if the use is located within a residential district or adjacent to a residential use.
(c)
An outdoor play area shall be provided for all sites that provide
care to children under this use. This area shall be located to the
side or rear of the lot. The minimum required size of such an outdoor
recreational area shall be 200 square feet for each child in the facility's
design capacity. Such areas shall be surrounded by a fence with a
minimum height of four feet around the perimeter.
(d)
Minimum parking requirement. One space for every five persons
receiving care at the center plus one space for each employee.
(10)
C10 Nursing Home. A nursing facility or convalescent home licensed
by the Pennsylvania Department of Health which is set up to provide
long-term health care primarily to senior residents with chronic diseases
or disabilities. This use does not include senior citizen housing,
life care or continuing care facilities, but it can be part of such
an establishment in accordance with the standards of this chapter.
(a)
Minimum lot area: five acres.
(b)
At least two means of ingress and egress shall be provided for
emergency service vehicles to access the facility.
(c)
Use C15 Wellness Center is permitted as an accessory use.
(d)
Height of the facility shall be limited to the height which
can safely be handled by the firefighting equipment of the fire companies
serving West Rockhill Township.
(e)
Minimum parking requirement. One space for every three beds
plus one space per employee.
(11)
C11 Hospital. A facility licensed by the Pennsylvania Department
of Health, which provides health services primarily for inpatient
medical or surgical care, including related facilities such as laboratories,
outpatient departments, training facilities, central service facilities
and staff offices as an integral part of the establishment.
(a)
Minimum lot area: 10 acres.
(b)
Minimum lot width: 500 feet.
(c)
A hospital shall have direct access from a major collector or
arterial highway.
(d)
All buildings and parking areas shall be located a minimum of
50 feet from property or street lines.
(e)
Height of the facility shall be limited to the height which
can safely be handled by the firefighting equipment of the fire companies
serving West Rockhill Township.
(f)
At least two means of ingress and egress shall be provided for
emergency service vehicles to access the facility.
(g)
Use C15 Wellness Center is permitted as an accessory use.
(h)
Minimum parking requirement: 1.5 spaces per patient bed plus
one per employee on the major shift. In addition, parking for outpatient
clinics shall be provided at one space per 200 square feet of floor
area.
(12)
C12 Cemetery. A cemetery shall be limited to a burial place
or graveyard for humans or animals, including a mausoleum or columbarium,
which may also include an on-site chapel.
(a)
Minimum lot area (except for pet cemetery): 10 acres.
(b)
Minimum lot area for pet cemetery: three acres.
(c)
No more than 10% of the entire area may be devoted to aboveground
buildings not serving as burial markers or memorials, such as business
and administration offices, chapels, maintenance facilities, greenhouses
or repair shops. This restriction includes parking facilities.
(d)
A Type 1 buffer yard of at least 25 feet with plantings as required by § 450-1704 shall be provided between building or burial site and the cemetery property line.
(e)
One dwelling, to be used for custodial personnel, maybe permitted.
(f)
There shall be no more than one identification sign at each
entrance.
(g)
The main portion of entrance features shall be located no closer
to the nearest right-of-way line of any public street than a distance
equal to the building setback line required in the district in which
the cemetery is located.
(h)
No such entrance features shall exceed 12 feet in height.
(i)
No burial plots, structures or parking areas shall be located
within the 100-year floodplain.
(j)
Minimum parking requirement. One space per employee plus one
space for every four people in total capacity of any associated chapel.
(13)
C13 Municipal Building. A municipal administration building,
municipal police station, courthouse, district justice office or road
maintenance facility.
(a)
Minimum parking requirement. One space per employee plus one
space for every two seats in meeting areas.
(14)
C14 Community Center. An educational, social, or recreational
center operated by an educational, philanthropic, or religious institution
which is not conducted as a commercial enterprise and which is not
a use which is customarily carried on as a business and which does
not include residential facilities for chronically ill or other persons
who need institutional care due to illness, disability, or who are
part of a criminal justice program and excluding any use which is
defined as Use E24 Commercial Recreation/Entertainment use.
(a)
Minimum lot area: two acres.
(b)
No outdoor recreation area shall be located nearer to any lot
line than 100 feet.
(c)
Minimum parking requirement. One space for each three seats
provided for patron use; or at least one space for each 50 square
feet of floor area used or intended to be used for service to customers,
patrons, clients, guests, or members, whichever requires the greater
number of spaces, plus one additional space for each employee.
(15)
C15 Wellness Center. Establishments primarily engaged in operating
fitness and physical therapy facilities featuring exercise, physical
fitness conditioning, and other therapeutic or rehabilitative activities.
(a)
Permitted only as an accessory use to uses B9 Continuing Care
Retirement Community, C10 Nursing Home, C11 Hospital, or D2 Medical
Office.
(b)
Such establishments are not permitted to operate spectator sports
events.
(c)
All activities must be held indoors with the exception of walking
trails or sidewalks internal to any tract on which such building is
located.
(d)
Minimum parking requirement. One space for each two persons
of total capacity, or at least one space per each 50 square feet of
gross floor area used or intended to be used for service to customers,
patients, or clients, whichever requires the greater number of spaces,
plus one additional space for each employee.
(16)
C16 Target or Shooting Range. A nonprofit facility owned and
operated by a private club or organization for the controlled discharge
of firearms.
(a)
A minimum lot area of 10 acres is required.
(b)
The minimum setback for all structures shall be 200 feet from
any property line.
(c)
The facility shall be for members and their authorized guests
only. The primary activity shall be noncommercial and nonprofit.
(d)
The range shall be designed, constructed and operated in accordance
with the standards for the particular type of range found in the latest
edition of the National Rifle Association's Range Sourcebook.
(e)
The range shall not be lighted for night time use.
(f)
The safety of the adjoining properties shall be a primary consideration
in the location and design of a target or shooting range.
(g)
The perimeter of the property shall be posted clearly to warn
persons regarding the activities on the property.
(h)
The site plan must show the location of any firing lines or
shooting stakes, targets and backstops. The site plan shall indicate
how the backstops are to be constructed. The range must be screened
and fenced with no gates or outlets except as provided on the plan.
(i)
Review and comment by the local policing authority is required
for all proposals involving this use.
(j)
Such use shall only be operated between the hours of 8:00 a.m.
and sunset (either on the eastern standard or daylight saving time
system). Extended hours of operation may be approved by the Board
of Supervisors upon submission of a written request by the applicant/owner
of the facility. The Board of Supervisors shall take into consideration
the type of facility, amount of usage, and impact on adjoining properties
when reviewing such requests.
(k)
Minimum parking requirement. One space for each three persons
of total capacity, plus one additional space for each employee or
operator.
D.
Office uses.
(2)
D2 Medical Office. A building or buildings with multiple offices
for one or more physicians or dentists for examination or treatment
of persons as outpatients and incidental laboratories.
(3)
D3 Veterinary Office or Clinic. The office of veterinarian.
If a kennel is part of the office or clinic, the use shall meet the
regulations of Use A4 Kennel.
(a)
Minimum parking requirement. One space per 200 square feet of
floor area.
(4)
D4 Office Park. An office park is a planned development of office
and related uses which includes improvements for internal streets,
coordinated utilities, landscaping and buffering.
(a)
Individual establishments maybe in attached structures or detached
structures.
(b)
Minimum site area: 10 acres.
(d)
Minimum setback from all property and street lines: 100 feet.
(e)
Minimum setback from internal streets: 50 feet.
(f)
Minimum distance between buildings: 25 feet.
(g)
At least 70% of the total floor space of the park shall be utilized
for office uses.
(h)
Interior roadways shall have street trees meeting the requirements of Chapter 365, Subdivision and Land Development.
(i)
Outdoor storage or display of materials, goods or refuse is
prohibited.
(j)
All uses within the park shall take access from an interior
roadway. Access to the park shall be from an arterial or major or
minor collector roadway.
(k)
Minimum parking requirement. One space per 200 square feet of
floor area.
(l)
Pedestrian circulation.
[1]
Walkways shall be provided throughout a business
campus or mixed-use development at the following locations:
[a]
Between the buildings in the development, between
buildings and parking, plazas or open areas and off-site destination
points.
[b]
Along both sides of internal streets, unless the
Board of Supervisors determines they are needed on only one side.
[c]
Along existing roads that adjoin the site unless
the Board of Supervisors determines they are not needed. These walkways
shall connect with walkways on abutting tracts, or extend to the property
line so that they can be continued on the adjacent tract.
[2]
The walkways shall from a continuous, coordinated
system throughout the development.
[3]
Walkways shall be barrier free and shall facilitate
easy pedestrian movement for all people, regardless of physical condition.
[4]
A clearly marked crosswalk, at least 10 feet wide,
is required wherever a walkway crosses an internal street. The crosswalk
may be marked by either painted lines or with a paving material of
a different color.
[5]
Seating and trash containers shall be located at
appropriate locations, along the pedestrian walkway system. As much
as possible, the design of the benches, trash receptacles, streetlights
and streets signs shall be coordinated.
[6]
Open space/amenity plan. Developers should submit
proposed locations and type of pedestrian amenities such as walkways,
street furniture, lighting, signage, bicycle racks, seating elements,
flags, fountains, etc., so as to ultimately create a unifying pedestrian/amenity
system.
(5)
D5 Village Office. A village office is a small-scale office
use compatible with the surrounding village with respect to architectural
style, size, scale and character. A village office development shall
be planned as a whole and include improvements for internal streets,
driveways, coordinated utilities, landscaping and buffering.
(a)
The bulk, scale and character of the buildings shall be compatible
with the traditional building that is characteristic of the rural
and historic character of the community, as appropriate for the zoning
district in which the site is located.
(c)
This use may be used in combination with Use E14 Village Shop.
(d)
Individual uses may be located in detached and attached structures.
(e)
This use shall not include offices in excess of 3,000 square
feet of floor area and shall not include buildings in excess of 10,000
square feet of floor area.
(f)
Multiple buildings on a single site shall be connected by means
of pedestrianways or walkways on which pedestrians can move from one
building to another without interference from vehicular traffic. Pedestrian
connections shall be provided to sidewalks adjoining the village offices.
(g)
Lighting on pole fixtures shall not exceed 13 feet in height.
(h)
Interior driveways or streets shall have street trees meeting the requirements of Chapter 365, Subdivision and Land Development.
(i)
Outdoor storage or display of materials, goods or refuse is
prohibited.
(j)
Minimum parking requirement. One space per 200 square feet of
floor area.
E.
Retail and consumer services uses.
(1)
E1 Retail Trade and Retail Service. Establishments engaged in
selling goods or merchandise to the general public for personal or
household consumption and rendering services incidental to the sale
of such goods; or establishments primarily engaged in providing services
involving the care of a person or his or her apparel. This use does
not include an eating place or other use specifically designated in
this chapter as a separate use.
(a)
All products produced on the premises shall be sold on the premises.
(b)
Over-the-counter sale of alcoholic beverages in taverns is not
included.
(c)
Garden centers where less than 50% of the gross sales of the
products sold are grown on the property are included in this use.
When more than 50% of the gross sales of the products sold are grown
on the property the use shall be considered Use A2 Nursery.
(d)
The sale of automotive parts and accessories are not permitted
as part of E1 Retail Trade and Retail Service. The sale of automotive
parts and accessories are permitted as Use E11 Automotive Repair Shop
and Retail Sales.
(e)
Stores or groups of stores with a floor area in excess of 10,000
square feet are not included.
(f)
Drive-through facilities shall meet the requirements of Use
H11 Accessory Drive-Through Facility.
(g)
Minimum parking requirement. One space per 200 square feet of
floor area.
(2)
E2 Large Retail Store. A large retail store is a store with
greater than 10,000 square feet of floor area and any variety store,
supermarket, department store, home improvement center or discount
store regardless of size.
|
Area and Dimensional Requirements for Large Retail Store
| ||
|---|---|---|
|
Minimum lot area
|
5 acres
| |
|
Maximum impervious surface coverage
|
60%
| |
|
Minimum yards:
| ||
|
Front
|
150 feet
| |
|
Side
|
75 feet
| |
|
Rear
|
75 feet
| |
|
Minimum lot width
|
400 feet
| |
|
Minimum parking area setback from any street or property line
|
50 feet
| |
(a)
Exterior building materials for facades that face or front public streets or are viewable from customer parking areas shall meet the requirements found in Subsection E(2)(a)[1] and [2] below:
[1]
Exterior building materials shall be brick, wood,
stone, tile, tinted and textured concrete masonry units, stucco or
other high quality materials.
[2]
Exterior building materials shall not include corrugated
metal, unfinished smooth face concrete block or tilt-up concrete panels,
prefabricated steel panels, and vinyl siding.
(b)
Building facades that face or front public streets shall comply with two of the three criteria listed below. Building facades that do not face or front public streets shall comply with either the criteria in Subsection E(2)(b)[2] or [3] below.
[1]
Ground floor facades shall have arcades, display
windows, entry areas, awnings or other such features along no less
than 60% of their horizontal length.
|
Figure 2. Animating Features
|
[2]
Facades greater than 100 feet in length, measured
horizontally, shall incorporate wall plan projections or recesses
having a depth of at least 3% of the length of the facade extending
at least 20% of the length of the facade. No uninterrupted length
of any facade shall exceed 100 horizontal feet.
|
Figure 3. Principal Building
|
[3]
Facades shall contain a repeating pattern that
shall include no less than three of the elements listed below. At
least one of the elements in Subsection E(2)(b)[3][a], [b] or [c]
below shall repeat horizontally. All elements shall repeat at intervals
of no more than 30 feet, either horizontally or vertically.
(c)
Roof design shall incorporate the following design features:
[1]
Flat roof designs shall be constructed with parapets
to screen HVAC and other roof-mounted mechanical equipment from public
view. Such parapets shall not exceed 1/3 of the height of the supporting
wall and shall be constructed with a three-dimensional cornice treatment.
[2]
Sloping roof designs shall be constructed to screen
HVAC and other roof-mounted mechanical equipment from public view.
Sloping roof designs must use at least one of the following design
features:
[3]
The HVAC and other roof-mounted mechanical equipment
shall be installed and screened in a manner that mitigates the sound
level of such equipment.
(d)
The use shall be designed to safely accommodate pedestrian and
vehicular traffic. Pedestrian circulation shall be provided throughout
the site, and pedestrian connections shall be provided to adjacent
sidewalks.
(e)
The plan shall provide for shopping cart corrals if shopping
carts are to be used. Cart corrals shall be provided in addition to
the required parking spaces.
(f)
The applicant must submit as part of the preliminary land development
or subdivision plan an economic impact study based upon a ten-year
horizon and indicating the market for the proposed facility and the
area from which patrons will be attracted. The economic impact study
shall evaluate the projected costs and benefits to the community resulting
from the project including:
[1]
Projected costs to the Township arising from the
demand for and required improvements to public services and infrastructure,
including roads;
[2]
Value of improvements to public services and infrastructure
to be provided by the project;
[3]
Projected tax revenues to be generated by the project;
[4]
Projected impact of the project on surrounding
land values and the potential loss or increase in municipal tax revenues
resulting from such increase or decrease (the project shall be designed
to minimize any negative impacts to adjoining property values);
[5]
Short-term and long-term projection of increased
West Rockhill Township revenues and costs resulting from the proposed
project;
[6]
The estimated net impacts to local employment,
wages and salaries, retained profits, and the local income tax. The
change in the estimated number of employees, employment types, and
estimated wages generated by the project. For purposes of determining
this impact, the applicant must identify the number of jobs displaced
or created, the quality of the jobs, whether the jobs are temporary
or permanent, and the employment sector in which the lost or gained
jobs are located;
[7]
Estimate of how much revenue generated by the project
will be retained and redirected back into the economy of the Township;
[8]
The impacts (including displacement of existing
retailers) on business within the Township;
[9]
Any measures available that will mitigate any materially
adverse economic impacts, if any, identified by the applicant, if
necessary;
[10]
Establishing the market and financial feasibility
of the project, including any market studies prepared for the project
and any plans for phased construction;
[11]
Demonstration of the applicant's financial ability
to complete the project and to achieve long-term financial stability;
[12]
Whether prior efforts to establish a retail store
larger than 10,000 square feet within the identified impact area have
been unsuccessful or whether the proposed use will have an adverse
impact or economic benefit on grocery or retail shopping centers in
the identified impact area;
[13]
Whether any restrictions exist on the subsequent
use of the property on which the retail store is proposed to be located,
including the provisions of a lease if applicable, which, in the event
the owner or operator of the retail store vacates the premises, would
require the premises to remain vacant for a significant amount of
time; and
[14]
A proposal addressing plans for the reuse of the
site in the case that the applicant abandons the large-scale building.
The plan shall include design features that demonstrate availability
of flexible features such as partitions and multiple entryways to
facilitate reuse by multiple tenants if the building is abandoned.
The plan for reuse shall be reviewed and adopted by the Board of Supervisors.
(g)
Loading docks shall be shielded from view and shall not be visible
from adjacent residential districts or from public streets.
(h)
All loading docks, trash containment areas and outside work
areas shall be constructed in such a manner as to promote sound abatement.
No trash pickup may occur between 9:00 p.m. and 6:00 a.m. when this
use abuts a residential property.
(i)
Unregistered or unlicensed tractor trailers, cargo boxes, or
other vehicles or structures meant to be transportable shall not be
permitted to be used as accessory buildings or structures for storage.
(j)
Minimum parking requirement: 5.5 spaces per 1,000 square feet
of floor area.
(3)
E3 Financial Establishment. A financial establishment shall
include a bank, savings and loan association, credit union or other
financial establishment.
(4)
E4 Eating Place. Any place for the sale and consumption of food
and beverages; drive-through service is prohibited.
(a)
All such restaurants shall provide an outdoor collection station for garbage and trash removal in accordance with the requirements found in § 450-1704G.
(b)
Use E4 Eating Place with outdoor seating shall meet the requirements
of Use H10 Temporary Outdoor Eating.
(c)
The sale of alcoholic beverages must be incidental to the sale
and consumption of food.
(d)
Minimum parking requirement. One space per 50 square feet of
floor area used or intended to be used by patrons or one space for
every three seats, whichever is greater, plus one additional space
per employee.
(5)
E5 Eating Place, Drive-Through and/or Fast Food. Eating establishments,
restaurants or cafeterias in which the principal business is the sale
of foods and/or beverages in ready-to-consume state for consumption
either within the restaurant building or for carryout with consumption
off the premises.
(a)
The use must have direct access to a major collector or arterial
street.
(b)
There shall be only one point of ingress and only one point
of egress per collector or arterial street.
(c)
When this use is adjacent to, or on the same lot with a group
of commercial facilities, it shall use the common access with the
other business establishments and not have a separate access to the
abutting collector or arterial street.
(d)
Drive-through facilities shall meet the requirements of Use
H11 Accessory Drive-Through Facility.
(e)
Use E5 Eating Place, Drive-Through and/or Fast Food with outdoor
seating shall meet the requirements of Use H10 Temporary Outdoor Eating.
(f)
A pedestrian walkway shall be provided between an existing sidewalk
and the entrance to the restaurant.
(g)
All such restaurants shall provide an outdoor collection station for garbage and trash removal, which shall be buffered in accordance with the requirements found in § 450-1704G.
(h)
Trash receptacles shall be provided outside the restaurant for
patron use.
(i)
Minimum parking requirement. One space for every two seats or
one space for every 100 square feet of floor area, whichever is greater
plus one space per employee on the largest shift.
(6)
E6 Repair Shop. Any business for the repair of consumer household
goods but not including repair of automobiles, motor vehicles, motorcycles,
recreational vehicles, trucks, trailers and other heavy equipment
and not including the repair of other items which, as part of the
repair process, causes noise, fumes or other disturbances to emanate
to the property line of the establishment.
(a)
Minimum parking requirement. One space per 300 square feet of
floor area.
(7)
E7 Motel or Hotel. A building or group of buildings containing
rooms for rent for the accommodation of transient guests and may include
Use E4 Eating Place.
(a)
The use must have direct access to a major collector or arterial
street.
(b)
Units in such facilities shall contain a minimum of 200 square
feet of floor space, with a minimum of two rooms: a bedroom and a
separate bathroom equipped with a flush toilet, a lavatory basin and
a bath tub or shower.
(c)
Motels and hotels may include accessory restaurant facilities,
conference facilities and meeting rooms, provided parking is provided
for all the related uses and activities in accordance with the requirements
in this chapter for these uses.
(d)
Minimum parking requirement: 1.25 spaces per room. If there
is an associated public restaurant or banquet room, parking shall
be required in accordance with the needs of the Use E4 Eating Place.
Where conference facilities or meeting rooms are provided, an additional
one off-street parking space for every four seats at maximum capacity
shall be provided.
(8)
E8 Motor Vehicle Fuel Station. Motor Vehicle Fuel Station is
a facility whose function is the sale of gasoline and fuels for motor
vehicles. Minor automobile accessories and food and beverage items
may also be sold, subject to the limitations of this chapter. Routine
automobile service and inspections may be performed and may include
lubricating, repairing or otherwise servicing motor vehicles but shall
not include painting, body and fender repairs, or vehicular sales,
lease or rental. This use is distinguished from and does not include
Use E11 Automobile Repair Shop and Retail Sales where automobile parts
and accessories are sold and installed within the facility but where
there is no fuel sales. Any facility which provides for gasoline or
fuel sales directly to retail customers shall be considered to be
a motor vehicle fuel station and shall meet the requirements of this
use and shall only be permitted in the zoning districts where this
use is permitted.
(a)
Minimum lot width of not less than 200 feet shall be provided
along each street on which the lot abuts.
(b)
The minimum lot area shall be one acre.
(c)
Such use may only be located on a major collector or arterial
road.
(d)
Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles. A traffic impact study shall be completed that meets the standards set forth in Article IV, Plan Requirements, of Chapter 365, Subdivision and Land Development (as amended), of the Code of the Township of West Rockhill to determine the location and width of access points.
(e)
Access to the street shall be physically controlled by a concrete
curb at least eight inches in height and 10 feet wide landscaped strip
along all street frontages except where broken for the accessways.
(f)
All fuel tanks shall be placed underground.
(g)
All pumps, lifts, and other service facilities shall be located
not closer than 35 feet to any property or street line. All canopies
and other structures shall meet the building setback requirements
of the applicable zoning district.
(h)
Fuel pumps shall be at least 25 feet from any ultimate street
right-of-way.
(i)
No vehicle shall be stored in the open, except vehicles awaiting minor repairs, for a period exceeding seven consecutive days, unless screened from adjacent roads or residential properties with a Type 4 buffer, as provided by § 450-1704 of this chapter. The maximum number of vehicles to be stored in the screened area shall be two per service bay.
[Amended 10-19-2011 by Ord. No. 207]
(j)
Lubrication, oil changes, tire changes, and minor repairs or
similar activities shall be performed in an enclosed building.
(k)
All such uses shall recycle their liquid wastes according to
best management practices available in the industry.
(l)
All automobile parts and similar articles shall be stored within
a building.
(m)
Junk vehicles shall not be stored in the open or behind barriers
at any time.
(n)
The sale or rental of automobiles, trucks, trailers or other
motor vehicles shall be prohibited.
(o)
Motor vehicle fuel stations shall be operated in accordance
with current state and federal regulations.
(p)
All underground storage tanks (and associated pumps and piping)
construction, installation, and containment shall, as a minimum, meet
the requirements of the Pennsylvania Department of Environmental Protection
and the federal Environmental Protection Agency.
(q)
All underground storage tanks, associated pumps and piping and
leak detection systems shall be designed and constructed using "state
of the art" industry technology. The leak detection system shall be
a continuous automated system.
(r)
The applicant shall present a plan to demonstrate the methods
by which any underground leaks or aboveground spills of liquids will
be continuously monitored and contained and shall also demonstrate
that the stormwater management system is designed to capture volatile
organic compounds, oils, and solids. Applicant shall also provide
to the Township a copy of a maintenance agreement setting forth the
terms for the management of the facilities.
(s)
This use shall not be permitted within 1,000 feet of any preexisting
public or private drinking water supply source.
(t)
Fueling services shall only be operated between the hours of
6:00 a.m. and 11:00 p.m. (either on the eastern standard or daylight
saving time system). Extended hours of operation may be approved by
the Board of Supervisors upon submission of a written request by the
applicant/owner of the facility. The Board of Supervisors shall take
into consideration the type of facility, amount of usage, and impact
on adjoining properties when reviewing such requests.
(u)
Facilities approved for extended hours of operation, which adjoin residential uses shall provide a Type 1 buffer yard as specified in § 450-1704 of this chapter.
(v)
Repair services shall be limited to operation between the hours
of 7:00 a.m. and 7:00 p.m., when a residential use property is located
within 500 feet as measured from the property boundary of the motor
vehicle fuel station.
(w)
Convenience commercial floor area, for the sale of minor automobile
accessories and food and beverage items, shall be limited to 1,000
square feet.
(x)
No drive-through windows are permitted for the sale of convenience
items.
(y)
Minimum parking requirement. Four spaces for each service bay
plus one space per employee or 12 spaces, whichever is greater. Parking
areas for fuel pump operation shall not be included to meet the minimum
parking requirement.
(9)
E9 Convenience Store. A retail store offering primarily groceries,
prepared food items, and other small consumer items intended for carry-out
trade. Where sale of gasoline or fuel is proposed, the requirements
of Use E8 Motor Vehicle Fuel Station shall be met, in addition to
the requirements below:
(a)
Minimum lot area shall be one acre.
(b)
The use must have direct access to an arterial road.
(c)
There shall be only one point of ingress and only one point
of egress per adjoining road.
(d)
No drive-through or drive-up windows are permitted, and there
shall be no seating inside or outside for consumption of food.
(e)
Trash receptacles and recycling receptacles shall be provided
for customer use.
(f)
Adequate area must be provided for turning movements and parking
for trucks.
(g)
Within the VC Village Center Zoning District, the architectural
design of the facility shall be reflective of the style of buildings
within the surrounding area, and shall be subject to review and approval
by the Township.
(h)
If public parking is proposed, to the rear of the store, public
access (store entrance/exit) must also be provided in the rear of
the store.
(i)
Such use shall only be operated between the hours of 6:00 a.m.
and 11:00 p.m. (either on the eastern standard or daylight saving
time system). Extended hours of operation may be approved by the Board
of Supervisors upon submission of a written request by the applicant/owner
of the facility. The Board of Supervisors shall take into consideration
the type of facility, amount of usage, and impact on adjoining properties
when reviewing such requests.
(j)
Facilities approved for extended hours of operation which adjoin residential uses shall provide a Type 1 buffer yard as specified in § 450-1704 of this chapter.
(k)
Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles. A traffic impact study shall be completed that meets the standards set forth in Article IV, Plan Requirements, of Chapter 365, Subdivision and Land Development (as amended), of the Code of the Township of West Rockhill to determine the location and width of access points.
(l)
Facilities offering sale of gasoline or fuel shall meet the
following additional requirements:
(m)
Minimum parking requirement. One space for each 100 square feet
of floor area used or intended to be used for servicing customers.
(10)
E10 Automotive Sales. The sale and lease of automobiles by a
new car, boat or motorcycle dealership; used car, boat or motorcycle
sales; or car, truck, trailer, motorcycle and/or boat rentals; farm
machinery or travel campers.
(a)
Minimum lot area shall be two acres.
(b)
All facilities shall be located and all services conducted within
the confines of the lot.
(c)
All preparation, lubrication, repair or similar activities shall
be accessory to the principal use and shall be conducted within a
building.
(d)
Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles. A traffic impact study shall be completed that meets the standards set forth in Article IV, Plan Requirements, of Chapter 365, Subdivision and Land Development (as amended), of the Code of the Township of West Rockhill to determine the location and width of access points.
(e)
Access to the street shall be physically controlled by a concrete
curb at least eight inches in height.
(g)
All automobile parts and similar articles shall be stored within
a building.
(h)
Storage or display of automobiles, trucks, boats and other vehicles
for sale, lease or rent shall be placed no closer to the ultimate
street right-of-way line than 25 feet.
(i)
There shall be no more than one access point into the facility
from each street on which the facility has frontage, unless more than
one is specifically permitted by the Township.
(j)
Every motor vehicle sales establishment shall have a permanent
building for offices, show rooms and display which shall have a minimum
of 900 square feet of floor area.
(k)
No parking space required by this chapter shall be used for
the display of vehicles for sale.
(l)
Parking areas for customers must be clearly delineated so as
to separate them from display and storage areas.
(m)
Customer parking areas shall be placed no closer to the ultimate
street right-of-way line than 25 feet.
(n)
Minimum parking requirement. One space per 250 square feet of
floor area and one space for each 5,000 square feet of total outside
vehicle display area, plus one additional space for each employee.
(11)
E11 Automotive Repair Shop and Retail Sales. An establishment
where motor vehicle parts and accessories are sold, facilities where
parts may be installed, or an automobile repair garage including maintenance,
servicing, paint spraying and body and fender work. This use includes
the retail sales of motor vehicle parts and accessories separate from
an automotive repair shop.
(a)
All installation of parts and accessories, repairs, maintenance,
servicing, paint spraying, body work and fender work shall be performed
within a building by employees.
(b)
All related automotive parts, refuse and similar articles shall
be stored within a building or enclosed area screened from view from
the street or surrounding properties.
(c)
No vehicle shall be stored in the open awaiting repairs for
a period exceeding 14 consecutive days, unless screened from all adjacent
road and properties by a fence or compact hedge at least eight feet
in height.
(d)
Junk vehicles or unlicensed vehicles may not be stored in the
open at any time.
(e)
All such uses shall recycle their liquid wastes according to
best management practices available in the industry and according
to local, state and federal regulations.
(f)
Trash receptacles and recycling receptacles shall be provided
for customer use.
(g)
Minimum parking requirement. One space for every 150 square
feet of floor area devoted to the sale of automotive parts and accessories,
plus four spaces for each service bay, plus one space per employee.
Spaces within service bays shall not be used to meet parking requirements.
(12)
E12 Car Wash. An automated or self-serve facility for washing
motor vehicles.
(a)
Minimum lot area: one acre.
(b)
Minimum lot width: 200 feet.
(c)
Car-washing facilities shall provide plans and studies to indicate
adequate parking and stacking, ingress and egress, and internal circulation
at hours of peak use. All parked and waiting vehicles shall be accommodated
on the lot.
(d)
Car washing facilities shall use a water recycling system, which
shall meet all local, state and federal requirements or standards,
including the removal and proper disposal of suspended particulates.
(e)
Trash receptacles and recycling receptacles shall be provided
for customer use.
(f)
All structures shall be set back 50 feet from all lot lines.
(g)
A car wash may be permitted as an accessory use to Use E8 Motor
Vehicle Fuel Station. In the case of a conflict between the requirements
for these uses, the stricter standard shall apply.
(13)
E13 Shopping Center. A building or a group of buildings, designed
as a planned complex of related structures and circulation patterns,
subject to the following additional criteria:
(a)
Such center shall have a lot area of not less than five acres
and a lot width of not less than 500 feet at the street right-of-way
line.
(b)
Permitted uses:
[1]
D1, Office.
[2]
D2, Medical Office.
[3]
E1, Retail Trade and Retail Service.
[4]
E2, Large Retail Store.
[5]
E3, Financial Establishment.
[6]
E4, Eating Place.
[7]
E5, Eating Place, Drive-Through and/or Fast Food.
[8]
E6, Repair Shop.
[9]
E9, Convenience Store.
[10]
E21, Private Indoor Sports Facility.
[11]
E23, Theater.
[12]
E24, Commercial Recreation/Entertainment.
[13]
F3, Public Transportation Facility.
(c)
Minimum building separation shall be 15 feet.
(d)
Such centers may only be located on an arterial or major collector
road.
(e)
No parking, loading, or service area shall be located less than
50 feet from any property line, including the street line. Parking
shall be arranged so that at least 50% of the required parking is
located to the side or rear of the shopping center buildings.
(f)
Parking, loading or service areas shall not be permitted within
the required buffer yards.
(g)
Loading docks shall be shielded from view and shall not be visible
from adjacent residential districts or from public streets.
(h)
Unregistered or unlicensed tractor trailers, cargo boxes, or
other vehicles or structures meant to be transportable shall not be
permitted to be used as accessory buildings or structures for storage.
(i)
The shopping center shall be constructed in accordance with
an overall plan and designed with a single architectural style, approved
by the Township.
(j)
Exterior building materials for facades that face or front public streets or are viewable from customer parking areas shall meet the requirements found in Subsection E(13)(j)[1] and [2] below:
[1]
Exterior building materials shall be brick, wood,
stone, tile, tinted and textured concrete masonry units, stucco or
other high quality materials.
[2]
Exterior building materials shall not include corrugated
metal, unfinished smooth face concrete block or tilt-up concrete panels,
prefabricated steel panels, and vinyl siding.
(k)
Building facades that face or front public streets shall comply with two of the three criteria listed below. Building facades that do not face or front public streets shall comply with either the criteria in Subsection E(13)(k)[2] or [3] below.
[1]
Ground floor facades shall have arcades, display
windows, entry areas, awnings or other such features along no less
than 60% of their horizontal length.
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Figure 2. Animating Features
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[2]
Facades greater than 100 feet in length, measured
horizontally, shall incorporate wall plan projections or recesses
having a depth of at least 3% of the length of the facade extending
at least 20% of the length of the facade. No uninterrupted length
of any facade shall exceed 100 horizontal feet.
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Figure 3. Principal Building
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[3]
Facades shall contain a repeating pattern that
shall include no less than three of the elements listed below. At
least one of the elements in Subsection E(13)(k)[3][a], [b] or [c]
below shall repeat horizontally. All elements shall repeat at intervals
of no more than 30 feet, either horizontally or vertically.
(l)
Roof design shall incorporate the following design features:
[1]
Flat roof designs shall be constructed with parapets
to screen HVAC and other roof-mounted mechanical equipment from public
view. Such parapets shall not exceed 1/3 of the height of the supporting
wall and shall be constructed with a three dimensional cornice treatment.
[2]
Sloping roof designs shall be constructed to screen
HVAC and other roof-mounted mechanical equipment from public view.
Sloping roof designs must use at least one of the following design
features:
[3]
The HVAC and other roof-mounted mechanical equipment
shall be installed and screened in a manner that mitigates the sound
level of such equipment.
(m)
The use shall include a public amenity, such as an outdoor plaza,
patio seating area, water feature, clock tower, or other amenity that
will enhance the character of the area. The scale of the public amenities
shall be in proportion to the size of the proposed shopping center.
(n)
Regulations dealing with lighting, parking, outdoor storage,
buffering, points of access, signs, landscaping and other applicable
regulations set forth herein shall be met.
(o)
All establishments in the shopping center must have vehicular
service access either from an individual service yard or from a common
service area serving several establishments. All such service areas
must be segregated from public areas and screened from public view.
(p)
Within a tract to be used for a shopping center, subdivision
of the tract into individual lots is not permitted.
(q)
All structures in a shopping center shall be connected either
as part of one large structure or by means of pedestrian ways or walkways
on which pedestrians can move from one building to another without
interference from vehicular traffic. Pedestrian connections shall
be provided to sidewalks adjoining the shopping center. A pedestrian
circulation system shall be planned for the shopping center.
(r)
Parking requirements:
[1]
Minimum: four off-street parking spaces shall be
provided and maintained for each 1,000 square feet, or portion thereof,
of gross leasable area.
[2]
Maximum: 5 1/2 off-street parking spaces shall
be provided and maintained for each 1,000 square feet, or portion
thereof, of gross leasable area.
[3]
"Gross leasable area" is the total floor area designed
for tenant occupancy and use, including basements, mezzanines, storage
areas, and upper floors, if any, expressed in square feet and measured
from the center line of common partitions and from outside wall faces.
(14)
E14 Village Shop. A corner grocery (as distinct from a supermarket),
drugstore, stationery store, coffee shop, luncheonette, barbershop,
beauty parlor or any other use meeting the definition of Use E-1 Retail
Trade and Retail Service.
(a)
The bulk, scale and character of the buildings shall be compatible
with the traditional building that is characteristic of the rural
and historic character of the community, as appropriate for the district
in which the site is located.
(b)
This use shall not include stores in excess of 3,000 square
feet of floor area and shall not include buildings in excess of 10,000
square feet of floor area.
(c)
Minimum building separation shall be 15 feet.
(d)
This use may be used in combination with Use D5 Village Office.
(e)
Lighting on pole fixtures shall not exceed 13 feet in height.
(f)
Multiple buildings on a single site shall be connected by means
of pedestrian ways or walkways on which pedestrians can move from
one building to another without interference from vehicular traffic.
Pedestrian connections shall be provided to sidewalks adjoining the
village shops.
(g)
Minimum parking requirement. One space for each 200 square feet
of gross floor area used or intended to be used for servicing customers,
plus one additional space for every full-time employee.
(15)
E15 Funeral Home. A building used for the preparation of the
deceased for burial or cremation and ceremonies held in connection
with burial or cremation, but not including a cemetery, columbarium,
mausoleum or other permanent storage facility.
(a)
Minimum parking requirement. One space for every four seats
or at least one space for every 25 square feet used or intended for
viewing or ceremonial purposes plus one space per employee, whichever
is greater.
(16)
E16 Recreational Campsite. A lot on which two or more campsites
are located, established or maintained for occupancy as temporary
living quarters for recreation or vacation purposes. A campsite shall
be a plot of ground intended for the accommodation of either a recreational
vehicle, tent, or other individual camping unit on a temporary basis.
Such campsites shall be rented by the day, week or month only and
occupants of such sites shall not use the campsite as a permanent
residence.
(a)
Minimum lot area: 10 acres.
(b)
Maximum density permitted: eight campsites per acre. Density
shall be calculated on the basis of lot area exclusive of the area
devoted to open space and buffers.
(c)
Sewage disposal facilities shall be satisfactory to the Bucks
County Department of Health and shall conform to the West Rockhill
Township Sewage Facilities Plan.
(d)
A minimum of 40% of the site shall be kept as open space, exclusive
of buffer yards. Buffer yards shall be 75 feet from existing streets
and 75 feet from all other property lines.
(e)
Spaces for use of travel trailers shall be rented by the day
or week only and occupants of such spaces shall remain in the same
trailer park not more than 90 days in any one calendar year.
(f)
Campsite facilities may include an accessory retail facility
which sells food and consumer items to the residents of the campsite.
Such retail facility shall be accessory to the campsite and shall
not have more than 1,200 square feet of sales area.
(g)
Sale of gasoline or other motor fuels is not permitted.
(h)
One detached dwelling per camping park may be permitted for the use of an owner or operator of the camping park. The minimum lot area for this detached dwelling shall be 1.8 acres in addition to the lot area required in Subsection E(16)(a) above.
(i)
Minimum parking requirement. One space for every campsite plus
one space for every four campsites provided in an area away from campsites.
(17)
E17 Adult Entertainment. Any adult or sexually oriented business,
including any business establishment that regularly features live
performances, which are distinguished or characterized by an emphasis
on the exposure of the genitals or buttocks of any person, or the
breasts of any female person. Or specified sexual activities that
involve the exposure of the genitals or buttocks of any person, or
the breasts of any female person, or any business whose primary purpose
is the sale or display of matter that, because of its sexually explicit
nature, may, pursuant to state law or other regulatory authority,
be offered only to persons over the age of 18 years. Adult entertainment
may include an adult arcade, adult bookstore, adult cabaret, adult
motion-picture theater, or adult visual materials or video store as
defined in this chapter. Adult entertainment includes any other use
or business, regardless of how named or advertised, that is of a character
like or similar to the uses and businesses described herein.
(a)
ADULT ARCADE
ADULT BOOKSTORE
ADULT CABARET
ADULT MOTION-PICTURE THEATER
ADULT VISUAL MATERIALS OR VIDEO STORE
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
REGULARLY FEATURES
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
[1]
[2]
[3]
[4]
[5]
The following definitions shall apply to Use E17 Adult Entertainment:
Any place in which the public is permitted or invited wherein
coin-operated or slab-operated or electronically, electrically, or
mechanically controlled still or motion picture, or video machines,
projectors, or other image-producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where
the images so displayed are distinguished or characterized by the
depicting or describing of specified sexual activities or specified
anatomical areas.
An establishment having as a substantial, significant, or
preponderant portion of its stock in matter which are distinguished
or characterized by their emphasis on content depicting, describing
or relating to specified sexual activities or specified anatomical
areas as defined herein.
A building or portion thereof or area regularly featuring
the presentation or exhibition of live performers whose performances
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas as hereinafter defined; or whose performances are
rendered in a state of dress so as to expose the female breast below
a point immediately above the top of the areola; male or female genitals;
pubic areas; buttocks; or the female breast with only the nipple or
areola covered, or any combination thereof, for observation by patrons
or customers.
A building or portion thereof or area, open or enclosed,
used for the presentation on more than 1/3 of the days in a calendar
year during which motion-picture films, video cassettes, cable television
or any other such visual media are displayed or exhibited, of films,
videocassettes, cable television or other visual media which are distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities or specified anatomical areas
as hereinafter defined for observation by patrons or customers. "Adult
motion-picture theater" does not include any room or suite of rooms
rented for human occupancy in a hotel or motel which is equipped or
furnished with a video cassette playing machine or cable television.
A building or portion thereof used by an establishment having
not less than 10% of its actual display area devoted to; or stock-in-trade
for sale or rental to the public or any segment thereof consisting
of books, magazines, other publications, films, video cassettes, or
any combination thereof which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas as hereinafter defined.
The dominant or essential theme of the object described by
such phrase.
With respect to an adult business means a regular, substantial
course of conduct. The presentation, in or at any building or portion
thereof, of live performances which are distinguished or characterized
by an emphasis upon the display or specified anatomical areas or specified
sexual activity on four or more occasions within a calendar year shall
to the extent permitted by law be deemed to be a regular and substantial
course of conduct.
Any of the following:
Any of the following whether performed directly or indirectly
through clothing or other coverings:
Human genitals in a state of sexual stimulation or arousal;
Sexual acts, actual or simulated, including sexual intercourse,
oral copulation or sodomy; and
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breast;
Masturbation, actual or simulated; and
(b)
The building or structure of such use shall be located no less
than 1,000 feet from any residential use or district, public or private
school, place of worship, recreation facility, or any other religious,
institutional or educational use.
(c)
No such use shall be located within 2,000 feet of a similar
use.
(d)
No person under the age of 18 years of age shall be permitted
within a building whose operation would be considered an adult use.
(e)
No adult entertainment use shall be operated in any manner that
permits the observation of any material or activities depicting, describing
or relating to specific sexual activities or specified anatomical
areas from any public way or from any location outside the building
or area of such establishment. This provision shall apply to any display,
decoration, sign, show window or other opening. No exterior door or
window on the premises shall be propped or kept open at any time while
the business is open, and any exterior windows shall be covered with
opaque covering at all times.
(f)
All off-street parking areas and premises entries of the adult
entertainment use shall be illuminated from dusk to closing hours
of operation with a lighting system which provides an average maintained
horizontal illumination of 1.0 footcandle of lighting on the parking
surface and/or walkways. The required lighting level is established
in order to provide sufficient illumination of the parking areas and
walkways servicing the adult entertainment use for the personal safety
of patrons and employees and to reduce the incidence of vandalism
and criminal conduct.
(g)
All parking areas must be located in front of the building.
(h)
Such use shall only be operated between the hours of 10:00 a.m.
and 12:00 midnight (either on the eastern standard or daylight saving
time system). Extended hours of operation may be approved by the Board
of Supervisors upon submission of a written request by the applicant/owner
of the facility The Board of Supervisors shall take into consideration
the type of facility, amount of usage, and impact on adjoining properties
when reviewing such requests.
(i)
An adult entertainment use shall not include the following:
[1]
Any activity conducted or sponsored by a school
district or other public agency; so long as such activity is being
conducted as part of and within the scope of an authorized and regular
part of the curriculum or is part of a training or instructional program
being conducted by a public agency.
[2]
Any activity conducted by a person pursuant to
any license issued by the State of Pennsylvania or any agency thereof
charged with the responsibility of licensing, prescribing standards
for and supervising such activity or profession, in and to the extent
that such activity is conducted within the course and scope of the
exercise of the privileges authorized by such license, or the duties
of such agency.
(j)
Minimum parking requirement. One space for each 100 square feet
of floor area.
(18)
E18 Mini Storage. Such use shall be limited to the storage of
items, primarily associated with personal property generally stored
in residential structures, within a warehouse structure or mini warehouse
structure. This use shall not provide warehousing and/or distribution
for industrial or commercial businesses.
(a)
Such use shall be surrounded by a physical barrier, such as
a Township-approved fence, measuring at least eight feet in height
and by a buffer strip at least 10 feet in width. The buffer strip
shall be planted outside of the fence or other barrier and shall consist
of plants which will hide the fence from view from the street or other
properties.
(b)
The minimum driveway width between buildings shall be 28 feet.
(c)
The maximum height of storage units shall be 12 feet.
(d)
The maximum size of any individual storage unit shall be 600
square feet.
(e)
Each structure shall not exceed 6,000 square feet.
(f)
One office and dwelling unit is permitted as an accessory use
to provide for a full-time caretaker.
(g)
No business activities other than leasing of storage units,
provided that the rental of office space shall be allowed as an accessory
use to the mini storage use upon the following terms and conditions
and at the discretion of the Board of Supervisors:
[1]
No office activities shall be allowed that are
retail in nature or open to the general public.
[2]
No office shall exceed 600 square feet of floor
area.
[3]
No more than 15% of the total mini storage use
may be devoted to accessory office space rentals.
[4]
There shall be one parking space for each 600 square
feet of accessory rental office space in the mini-warehouse complex.
(h)
All storage shall be within enclosed buildings, except that
no more than 10% of the total storage area may be devoted to outdoor
parking spaces for boats, cars, recreational vehicles or other noncommercial
vehicles, provided that the parked vehicles shall not interfere with
traffic movement through the complex and they are not visible from
the street.
(i)
Minimum requirements for lease restrictions:
[1]
Storage limited to items of personal property generally
stored in residential accessory structures.
[2]
No retail business activities other than leasing
of storage units; no rental of trucks or vehicles.
[3]
No storage of explosive, toxic, radioactive, corrosive,
oxidizing or highly flammable or combustible materials and chemicals.
(j)
Minimum parking requirement. Four spaces plus one space for
every 50 storage units.
(19)
E19 Guesthouse/Bed-and-Breakfast. The use and occupancy of a
detached dwelling shall be permitted for accommodating transient guests
for rent subject to the following additional conditions and restrictions:
(a)
The minimum lot area for the guesthouse use shall be one acre
for the first two guest rooms and 20,000 square feet for each additional
guest room, except when located in the VC Village Center Zoning District
where the guesthouse use shall meet the minimum lot area for other
permitted uses in VC Village Center Zoning District. In no case shall
the lot area be less than that required for single-family detached
dwellings in which the proposed guesthouse is located.
(b)
The off-street parking, off-street loading and provisions relating
to highway frontage contained in this chapter shall apply.
(c)
At least one bathroom shall be provided for each two guest rooms.
(d)
No external alterations, additions or changes to the exterior
structure shall be permitted except as required by the Pennsylvania
Department of Labor and Industry or for safety reasons as required
by any other governmental agency.
(e)
The use shall be operated by the property owner who must reside
on the premises.
(f)
There shall be no separate kitchen or cooking facilities in
any guest room.
(g)
The use of any amenities provided by the guesthouse, such as
swimming pool or tennis courts, shall be restricted in use to the
owners and guests of the establishment. The serving of meals shall
be restricted to the guests of the establishment.
(h)
The maximum, uninterrupted length of stay at a bed-and-breakfast
shall be 14 days.
(i)
There shall be no use of show windows or display or advertising
visible outside the premises to attract guests other than a single,
nonilluminated sign which meets the regulations set forth in this
chapter.
(j)
If the facility is served by an on-lot water supply system and/or
an on-lot wastewater disposal system, the applicant shall demonstrate
to the satisfaction of the Bucks County Health Department and the
Board of Supervisors that these on-lot facilities are adequate to
serve the maximum number of guests which could be housed at the facility
at any one time.
(k)
A bed-and-breakfast may be used for weddings, receptions, meetings,
and other special events which attract people who are not guests at
the bed-and-breakfast only when the following additional requirements
are met:
[1]
The bed-and-breakfast must have frontage on and
access to an arterial or minor or major collector road.
[2]
An activity and parking management plan shall be
submitted to the Township which shall identify the types of special
events, the number of patrons or guests to be accommodated, the location
and number of parking spaces, and use of parking attendants, if proposed.
[3]
Events which involve outdoor music shall be permitted
to be held no more than four times in a single calendar year.
[4]
Such special events shall only be operated between
the hours of 10:00 a.m. and 12:00 midnight (either on the eastern
standard or daylight saving time system).
(l)
Minimum parking requirement. One space for each rental room
plus one space per employee.
(20)
E20 Tavern. An establishment which serves alcoholic beverages
for on-premises consumption as the principal use and is licensed by
the Pennsylvania Liquor Control Board. The sale of food for consumption
on the premises as an accessory use is permitted.
(a)
The use must have direct access to a major collector or arterial
street.
(b)
Outdoor collection stations shall be provided for garbage and
trash removal.
(c)
Minimum parking requirement. One off-street parking space for
each 50 square feet of total floor area or one space for every three
seats or three persons of intended capacity, whichever is greater;
plus one additional off-street parking space for each employee.
(21)
E21 Private Indoor Sports Facility. An indoor facility providing
facilities such as gyms, exercise equipment, and rooms for exercise,
fitness, or dance classes or buildings for indoor court games played
with a ball such as racquetball, handball, squash, tennis, basketball,
and volleyball. Also included in this use are indoor skating rinks
and indoor swimming pools.
(a)
The maximum building height of 35 feet may be exceeded at the
discretion of the Board of Supervisors.
(b)
Minimum parking requirement. One space for each two persons
of total capacity, or at least one space per each 50 square feet of
floor area used or intended to be used for service to customers, patrons,
clients, guests or members, whichever requires the greater number
of spaces, plus one additional space for each employee.
(22)
E22 Amusement Halls and Arcade. An entertainment facility providing
as its principal use automatic amusement devices or games, including
pool or billiard rooms or similar locations used for these purposes.
(a)
An automatic amusement device or game is defined to be each
coin-operated machine, mechanical machine or electronic machine, which
operates or may be operated as a game or contest of skill or amusement
of any kind or description.
(b)
Such use shall only be operated between the hours of 10:00 a.m.
and 12:00 midnight (either on the eastern standard or daylight saving
time system). Extended hours of operation may be approved by the Board
of Supervisors upon submission of a written request by the applicant/owner
of the facility. The Board of Supervisors shall take into consideration
the type of facility, amount of usage, and impact on adjoining properties
when reviewing such requests.
(c)
No audio speakers or equipment shall be installed inside or
outside the location of such use which would cause sounds to emanate
to the exterior of the premises.
(d)
Such facilities shall be subject to adult management, with an
adult manager(s) on premises at all times during operation.
(e)
This use shall not include Use E17 Adult Entertainment or Use
E20 Tavern.
(f)
Minimum parking requirement. One space per three seats or three
persons of intended capacity or one space per 50 square feet, whichever
is greater; plus one additional space per employee.
(23)
E23 Theater. A building in which films are shown or stage shows
are performed.
(a)
This use shall not include Use E17 Adult Entertainment.
(b)
Minimum parking requirement. One space for each three seats
provided for patron use, or at least one space for each 40 square
feet of floor area used or intended to be used for service to customers,
patrons, clients, guests or members, whichever requires the greater
number of spaces, plus one additional space for each employee. If
the theater use is contained within a Use E13 Shopping Center, the
parking requirements for the theater use as set forth in this subsection
shall be met separately and shall not be calculated on the basis of
the Use E13 Shopping Center parking requirements.
(24)
E24 Commercial Recreation/Entertainment. A commercial recreation/entertainment
facility shall include a bowling alley, golf driving range, chip and
putt golf course, miniature golf course, batting cages, skate parks,
airplane clubs, archery ranges, indoor target and shooting range,
indoor or outdoor paintball fields, social/dance hall, or other similar
uses, operated as a gainful business.
(a)
Such use shall only be operated between the hours of 10:00 a.m.
and 12:00 midnight (either on the eastern standard or daylight saving
time system). Extended hours of operation may be approved by the Board
of Supervisors upon submission of a written request by the applicant/owner
of the facility. The Board of Supervisors shall take into consideration
the type of facility, amount of usage, and impact on adjoining properties
when reviewing such requests.
(b)
No audio speakers or equipment shall be installed inside or
outside the location of such use which would cause sounds to emanate
to the exterior of the premises.
(c)
Such facilities shall be subject to adult management, with an
adult manager(s) on premises at all times during operation.
(d)
Specific requirements for miniature golf courses, chip and putt
golf courses, batting cages, or skate parks.
(e)
Specific requirements for golf driving ranges.
[1]
Golf driving ranges shall have their lot frontage
on and take access from an arterial highway.
[2]
Minimum lot area: 25 acres.
[3]
Minimum lot frontage: 200 feet.
[4]
The height limit of 35 feet shall apply to all
structures, buildings, and facilities except those structures, such
as netting, which are determined by the Township to serve as a means
to prevent golf balls from leaving the site.
[5]
The site plan shall illustrate the locations of
all structures and facilities on the site to ensure that the lot area
is sufficient to accommodate the proposed activities so that no golf
balls will go off site.
(f)
Specific requirements for model aircraft clubs, archery ranges,
outdoor paintball fields and similar uses.
[1]
Minimum lot area for archery range: 10 acres. Minimum
lot area for model aircraft clubs: 20 acres.
[2]
The site plan shall illustrate the locations of
all structures and facilities on the site to ensure that the lot area
is sufficient to accommodate the proposed activities so that no airplanes
or arrows, etc., will go off-site.
[3]
No area used for such purposes shall be located
closer than 200 feet to any lot line.
(g)
This use shall not include use type E17 Adult Entertainment.
(h)
Minimum parking requirement. One space per three seats or three
persons of intended capacity plus one additional space per employee.
(25)
E25 Outdoor Motion-Picture Establishment. An open lot with its
appurtenant facilities used for the showing of motion pictures or
theatrical productions on a paid admission basis to patrons seated
in automobiles.
(a)
Minimum lot area: 10 acres.
(b)
Such uses shall have frontage on an arterial or major collector
and all access shall be taken from the arterial or major collector.
(c)
A traffic impact study shall be completed that meets the general requirements and standards set forth in Article IV, Plan Requirements, of Chapter 365, Subdivision and Land Development (as amended), of the Code of the Township of West Rockhill to provide information to determine necessary improvements to insure safe turning movements and traffic safety. The traffic impact study shall also provide information to determine if a sufficient vehicle stacking area exists or if a marginal access road is needed to ensure that entering vehicles will be able to pull off the road.
(d)
The motion-picture screen or stage shall be no closer to any
property line than 1.25 times the height of the picture screen or
the minimum yard requirements of the zoning district, whichever setback
is greater.
(e)
The motion-picture screen shall not be oriented towards the
arterial or a collector highway.
(f)
Trash receptacles and recycling receptacles shall be provided.
(g)
The height limit of 35 feet shall apply to all structures, buildings,
and facilities.
(26)
E26 Inn. A building or group of buildings for the accommodation
of transient guests without facilities for meetings or conferences.
(a)
The use must have direct access to a minor or major collector
or arterial street.
(b)
Units in such facilities shall contain a minimum of 200 square
feet of floor space, with a minimum of two rooms: a bedroom and a
separate bathroom equipped with a flush toilet, a lavatory basin and
a bath tub or shower.
(c)
Inns may include accessory restaurant facilities or tavern facilities
but shall not include conference facilities or meeting rooms.
(d)
Minimum parking requirement: 1.25 spaces per room. If there
is an associated public restaurant or banquet room, additional parking
shall be required in accordance with the needs of the Use E4 Eating
Place.
(27)
E27 Dwelling in Combination with a Business. A dwelling unit
in combination with a lawful existing or permitted office or commercial
use. The minimum lot area requirement for the nonresidential use shall
be met. This use may include an apartment located to the rear or above
a business.
(a)
Minimum parking requirement. Two spaces per dwelling unit plus
spaces required for business, per this chapter.
F.
Common carriers, public utilities and public service organizations.
(1)
F1 Utilities. Facilities that provide services rendered by a
public utility, corporation, municipality or municipal authority,
that is regulated in whole or in part by the Public Utility Commission;
such services include, but are not limited to, electricity, gas, telephone,
communications, water, sewerage and bulk pipelines. A utility use
shall include appurtenances used in connection with the supplying
of such services, including but not limited to buildings, pedestals,
cables, wires, pipes, poles, transformer stations, pumping stations,
and electric substations, but does not include incinerators, cellular
telecommunications facilities, or public or private landfills.
(a)
All transmission or relay towers shall follow the maximum height
and setback regulations for cellular telecommunications facilities
(Use F4). For water storage facilities and private broadcast facilities
(not licensed by the Federal Communications Commission - such as amateur
radio operators) the maximum height shall be determined by the Planning
Commission and the Board of Supervisors in accordance with the needs
of the facility as well as the need to protect community safety and
appearance.
(b)
The following minimum setbacks from all property lines shall
be provided unless the Public Utility Commission requires a greater
dimension:
[1]
Water storage facility: 1.5 times the height.
[2]
Public utility and/or municipal well facility: Equal to Wellhead Protection Zone 1 of Chapter 436, Wellhead Protection Areas.
[Amended 10-19-2011 by Ord. No. 207]
[3]
Public utility and/or municipal sewer pumping station:
50 feet.
[4]
Public utility and/or municipal water treatment
facility: 100 feet.
[5]
Public utility and/or municipal water pumping station:
20 feet.
[6]
Public utility and/or municipal sewage treatment
plant: 200 feet.
[7]
Public utility and/or electrical substation: 100
feet.
[8]
All other uses: 50 feet.
(c)
Minimum lot areas shall be adequate to accommodate the above
setbacks, parking requirements and other building requirements where
such facilities are located on an individual lot.
(d)
In residential districts, such uses shall be permitted only
where such installation is essential to service the surrounding residential
area(s).
(e)
Except in commercial and industrial zoning districts, no public
business office or storage yard or storage building shall be operated
in connection with the use.
(f)
No parking shall be permitted within the required setbacks,
except for transmission/relay towers and water storage facilities.
(g)
Private facilities that provide the services of F1 utilities
shall be sited and designed to the specifications and standards of
the Township.
(h)
Minimum parking requirement. Two spaces, or one space per employee,
whichever requires the greatest number of spaces.
(2)
F2 Emergency Services. Emergency services, such as fire, ambulance,
rescue and other emergency services of a municipal or volunteer nature.
(a)
Minimum lot area: one acre.
(b)
A community room may be permitted as an accessory use, provided
that the minimum lot area shall be two acres.
(c)
Minimum parking requirement. One space per employee on the largest
shift, or six spaces for each fire truck where no community room is
a part of the building, whichever requires the greater number of parking
spaces. Where a community room is provided, two spaces for each fire
truck plus one space for each 50 square feet of floor area devoted
to community room space.
(3)
F3 Public Transportation Facility. A transportation facility
used for the pickup and dropoff of passengers including the storage
and maintenance of vehicles, and office and passenger waiting areas
normally and customarily related to the use. This use may also include
the storage and maintenance of school buses and similar vehicles primarily
used for the transportation of students to school.
(a)
Minimum parking requirement. The Planning Commission and the
Board of Supervisors shall determine the number of parking spaces
needed to adequately serve customers, patrons, visitors, employees
and vehicles normally parked on the premises.
(4)
F4 Cellular Telecommunications Facility. A facility consisting
of the equipment and structures involved in receiving telecommunications
or radio signals from a mobile communications source and transmitting
those signals to a central switching computer which connects the mobile
unit with the land-based telephone lines. Such facilities may include,
but are not limited to, structures intended to support equipment used
to transmit and/or receive telecommunications or radio signals (examples
of such structures include monopoles and lattice construction steel
structures) and telecommunications equipment buildings in which the
electronic receiving and relay equipment for a cellular telecommunications
facility is housed.
[Amended 4-16-2014 by Ord. No. 220]
(a)
General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities:
[1]
Standard of care. Any tower-based WCF shall be
designed, constructed, operated, maintained, repaired, modified and
removed in strict compliance with all current applicable technical,
safety and safety-related codes, including but not limited to, the
most recent editions of the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, National Electrical
Code, as well as the accepted responsible workmanlike industry practices
of the National Association of Tower Erectors. Any tower-based WCF
shall at all times be kept and maintained in food condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township. The owner of the tower-based WCF shall perform a
minimum of one on-site inspection of the tower-based WCF each year.
The applicant shall provide the Township with advance notice of the
inspection. The on-site inspection shall include a climb of the tower-based
WCF. A written report, prepared by a registered professional engineer,
detailing the results of the on-site inspection, including the "climbing
inspection," shall be submitted to the Township within 30 days of
the inspection. In the event the inspection reveals any issues with
the structural integrity of the WCF, the owner of the WCF shall, within
60 days, take any and all steps to repair the facility and submit
a further report to the Township indicating the nature of the repairs
made. The report shall include a certification of structural integrity
by a registered professional engineer. Failure to make the necessary
repairs and submit a certification of structural integrity within
60 days of the original inspection shall result in the revocation
of the zoning permit and shall require the prompt removal of the tower-based
WCF.
[2]
Wind. Any tower-based WCF structures shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSFEINTIA-222-E Code, as amended) and any requirements
of the Institute of Electrical and Electronic Engineers (IEEE). Such
structures must be designed to withstand wind gusts of at least 78
miles per hour with radial ice in the amount of 0.5 inches.
[3]
Height. Any tower-based WCF shall be designed at
the minimum functional height. All tower-based WCF applicants must
submit documentation to the Township justifying the total height of
the structure. The maximum total height of any tower-based WCF which
is not in the right-of-way of a road, street, or highway shall not
exceed 130 feet, which height shall include all subsequent additions
or alterations. Equipment buildings, cabinets, and accessory structures
shall not exceed 12 feet in height. The maximum total height of any
tower-based WCF which is located within the public ROW shall not exceed
50 feet.
[4]
Public safety communications. No tower-based WCF
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
[5]
Maintenance. The following maintenance requirements
shall apply:
[a]
Any tower-based WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[b]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Township's residents.
[c]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
[6]
Radio frequency emissions. No tower-based WCF may,
by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
[7]
Historic buildings or districts. No tower-based
WCF may be located on a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places or the official
historic structures and/or historic districts list maintained by the
Township, or has been designated by the Township as being of historic
significance.
[8]
Signs. All tower-based WCFs shall post a sign in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency.
[9]
Lighting. Tower-based WCF shall not be artificially
lighted, except as required by law. Towers shall be galvanized and/or
painted with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
[10]
Noise. Tower-based WCFs shall be operated and
maintained so as not to produce noise in excess of applicable noise
standards under state law and the Township Code, except in emergency
situations requiring the use of a backup generator, where such noise
standards may be exceeded on a temporary basis only.
[11]
Aviation safety. Tower-based WCFs shall comply
with all federal and state laws and regulations concerning aviation
safety.
[12]
Lightning protection. All WCFs shall include lightning
protection certified as adequate by a registered professional engineer.
[13]
Retention of experts. The Township may hire any
consultant(s) and/or expert(s) necessary to assist the Township in
reviewing and evaluating the application for approval of the tower-based
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this chapter. The applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the Township's consultant(s) in providing expert evaluation and
consultation in connection with these activities.
[14]
Timing of approval. Within 30 calendar days of
the date that an application for a tower-based WCF is filed with the
Township, the Township shall notify the applicant in writing of any
information that may be required to complete such application. All
applications for tower-based WCFs shall be acted upon within 150 days
of the receipt of a fully completed application for the approval of
such tower-based WCF and the Township shall advise the applicant in
writing of its decision. If additional information was requested by
the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
150-day review period.
[15]
Nonconforming uses. Nonconforming tower-based
WCFs which are hereafter damaged or destroyed due to any reason or
cause may be repaired and restored at their former location, but must
otherwise comply with the terms and conditions of this chapter.
[16]
Removal. In the event that use of a tower-based
WCF is planned to be discontinued, the owner shall provide written
notice to the Township of its intent to discontinue use and the date
when the use shall be discontinued. Unused or abandoned WCFs or portions
of WCFs shall be removed as follows:
[a]
All unused or abandoned tower-based WCFs and accessory
facilities shall be removed within six months of the cessation of
operations at the site unless a time extension is approved by the
Township.
[b]
If the WCF and/or accessory facility is not removed
within six months of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and accessory
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
[c]
Any unused portions of tower-based WCFs, including
antennas, shall be removed within six months of the time of cessation
of operations. The Township must approve all replacements of portions
of a tower-based WCF previously removed.
[17]
Permit fees. The Township may assess appropriate
and reasonable permit fees directly related to the Township's actual
costs in reviewing and processing the application for approval of
a tower-based WCF, as well as related inspection, monitoring and related
costs.
[18]
FCC license. Each person that owns or operates
a tower-based WCF shall submit to the Township a copy of its current
FCC license, including the name, address, and emergency telephone
number for the operator of the facility.
[19]
Insurance. Each person that owns or operates a
tower-based WCF shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $5,000,000
per occurrence and property damage coverage in the minimum amount
of $5,000,000 per occurrence covering the tower-based WCF.
[20]
Indemnification. Each person that owns or operates
a tower-based WCF shall, at its sole cost and expense, indemnify,
defend and hold harmless the Township, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the tower-based WCF. Each person that owns
or operates a tower-based WCF shall defend any actions or proceedings
against the Township in which it is claimed that personal injury,
including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of tower-based WCF.
The obligation to indemnify, hold harmless and defend shall include,
but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
[21]
Engineer signature. All plans and drawings for
a tower and antenna shall contain a seal and signature of a professional
structure engineer, licensed in the Commonwealth of Pennsylvania.
[22]
Notice. The tower owner shall notify the Township
at least seven days in advance of any routine maintenance or modification
to the WCF.
[23]
Financial security. Prior to receipt of a zoning
permit for the construction or placement of a tower-based WCF, the
applicant shall provide to the Township financial security sufficient
to guarantee the removal of the tower-based WCF. Said financial security
shall remain in place until the tower-based WCF is removed.
(b)
Tower-based facilities outside the rights-of-way. The following
regulations shall apply to tower-based wireless communications facilities
located outside the rights-of-way:
[1]
Development regulations:
[a]
Prohibited in residential zones. No tower-based
WCF shall be located in a district zoned residential or within 500
feet of a lot in residential use or a residential district boundary.
[b]
Gap in coverage. An applicant for a tower-based
WCF must demonstrate that a significant gap in wireless coverage exists
with respect to all wireless operators in the applicable area and
that the type of WCF being proposed is the least intrusive means by
which to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Township's
decision on an application for approval of tower-based WCFs.
[c]
Sole use on a lot. A tower-based WCF is permitted
as a sole use on a lot subject to the minimum lot area and yards complying
with the requirements for the applicable zoning district.
[i]
Setback. The tower-based WCF shall be setback from
any property line, recreational facility, fields, or public right-of-way
a distance that is at least equal to 1 1/2 the height of the
tower.
[ii]
In order to locate a tower-based WCF on a property
with an agricultural use, the tract shall be at least 10 acres.
[d]
Combined with another use. A tower-based WCF may
be permitted on a property with an existing use, or on a vacant parcel
in combination with another industrial, commercial, institutional
or municipal use, subject to the following conditions:
[i]
The existing use on the property may be any permitted
use in the applicable district, and need not be affiliated with the
communications facility.
[ii]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable zoning district and shall
be the area needed to accommodate the tower-based WCF and guy wires,
the equipment building, security fence, and buffer planting.
[iii]
Minimum setbacks. The tower-based WCF and accompanying
equipment building shall comply with the requirements for the applicable
zoning district, provided that no tower-based WCF shall be located
within 500 feet of a lot in residential use or a residential district
boundary. The minimum setback shall be a distance that is at least
equal to 1 1/2 times the height of the tower.
[2]
Notice. Upon receipt of an application for a tower-based
WCF, the Township shall mail notice thereof to the owner or owners
of every property zoned residential on the same street within 1,000
linear feet of the site of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the proposed
facility.
[3]
Co-location. An application for a new tower-based
WCF shall not be approved unless the Township finds that the wireless
communications equipment planned for the proposed tower-based WCF
cannot be accommodated on an existing or approved structure or building.
Any application for approval of a tower-based WCF shall include a
comprehensive inventory of all existing towers and other suitable
structures within a two-mile radius from the point of the proposed
tower, unless the applicant can show to the satisfaction of the Township
that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower or other suitable structure cannot
be utilized.
[4]
Design regulations:
[a]
The WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the WCF applicant shall be subject to
the approval of the Township. In the sole discretion of the Township,
the requirement to utilize stealth technology may be waived if the
Board of Supervisors determines that the waiver is in the best interest
of the Township.
[b]
Any height extensions to an existing tower-based
WCF shall require prior approval of the Township. The Township reserves
the right to deny such requests based upon aesthetic and land use
impact, or any other lawful considerations related to the character
of the Township.
[c]
Any proposed tower-based WCF shall be designed
structurally, electrically, electronically, and in all respects to
accommodate both the WCF applicant's antennas and comparable antennas
for future users.
[5]
Surrounding environs:
[a]
The WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the WCF structure
shall be preserved to the maximum extent possible.
[b]
The WCF applicant shall submit a soil report to
the Township complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/EIA 222-E, as amended, to document and verify
the design specifications of the foundation of the tower-based WCF,
and anchors for guy wires, if used.
[6]
Fence/screen:
[a]
A security fence having a maximum height of eight
feet shall completely surround any tower-based WCF, guy wires, or
any building housing WCF equipment.
[b]
An evergreen screen that consists of a hedge, planted
three feet on center maximum, or a row of evergreen trees planted
10 feet on center maximum shall be located along the perimeter of
the security fence. Existing vegetation shall be preserved to the
maximum extent possible.
[7]
Accessory equipment:
[a]
Ground-mounted equipment associated to, or connected
with, a tower-based WCF shall be underground or screened from public
view using stealth technologies, as described above.
[b]
All utility buildings and accessory structures
shall be architecturally designed, in the sole discretion of the Township,
to blend into the environment in which they are situated and shall
meet the minimum setback requirements of the underlying zoning district.
[8]
Additional antennas. As a condition of approval
for all tower-based WCFs, the WCF applicant shall provide the Township
with a written commitment that it will allow other service providers
to co-locate antennas on tower-based WCFs where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
antennas without obtaining the prior written approval of the Township.
[9]
Access road. An access road, turnaround space and
parking shall be provided to ensure adequate emergency and service
access to tower-based WCF. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion. Where applicable,
the WCF owner shall present documentation to the Township that the
property owner has granted an easement for the proposed facility.
[10]
Parking. For each tower-based WCF, there shall
be two off-street parking spaces, or one space per employee, whichever
is greater.
[11]
Bond. Prior to the issuance of a permit, the owner
of a tower-based WCF outside the ROW shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
a bond or other form of security acceptable to the Township Solicitor,
in an amount adequate to assure the faithful performance of the terms
and conditions of this chapter, but in no event shall the bond be
less than $100,000. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations of this chapter, after reasonable notice
and opportunity to cure. The owner shall file the bond with the Township.
[12]
Visual or land use impact. The Township reserves
the right to deny an application for the construction or placement
of any tower-based WCF based upon visual and/or land use impact.
[13]
Inspection. The Township reserves the right to
inspect any tower-based WCF to ensure compliance with the provisions
of this chapter and any other provisions found within the Township
Code or state or federal law. The Township and/or its agents shall
have the authority to enter the property upon which a WCF is located
at any time, upon reasonable notice to the operator, to ensure such
compliance.
(c)
Tower-based facilities in the rights-of-way. The following regulations
shall apply to tower-based wireless communications facilities located
in the rights-of-way:
[1]
Prohibited in residential zones. No tower-based
WCF shall be located within a residential zone or within 500 feet
of a lot in residential use or a residential district boundary.
[2]
Gap in coverage. An applicant for a tower-based
WCF must demonstrate that a significant gap in wireless coverage exists
with respect to all wireless operators in the applicable area and
that the type of WCF being proposed is the least intrusive means by
which to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Township's
decision on an application for approval of tower-based WCFs in the
ROW.
[3]
Notice. Upon submission of an application for a
tower-based WCF, the applicant shall mail notice thereof to the owner
or owners of every property zoned residential on the same street within
1,000 linear feet of the site of the proposed facility and of every
property zoned residential not on the same street within 500 feet
of the proposed facility. The applicant shall provide proof of the
notification to the Township.
[4]
Co-location. An application for a new tower-based
WCF in the ROW shall not be approved unless the Township finds that
the proposed wireless communications equipment cannot be accommodated
on an existing structure, such as a utility pole or traffic light
pole. Any application for approval of a tower-based WCF shall include
a comprehensive inventory of all existing towers and other suitable
structures within a one-mile radius from the point of the proposed
tower, unless the applicant can show to the satisfaction of the Township
that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower or other suitable structure cannot
be utilized.
[5]
Time, place and manner. The Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all tower-based WCFs in the ROW based on public safety,
traffic management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.[8]
[8]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
[6]
Equipment location. Tower-based WCFs and accessory
equipment shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic, or to otherwise create
safety hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
[a]
In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb.
[b]
Ground-mounted equipment that cannot be undergrounded
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
[c]
Required electrical meter cabinets shall the screened
to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on the tower or on any accessory equipment
shall be removed at the sole expense of the owner within 10 business
days of notice of the existence of the graffiti.
[e]
Any underground vaults related to tower-based WCFs
shall be reviewed and approved by the Township. All underground vaults
shall be fully waterproofed.
[7]
Design regulations.
[a]
The WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the WCF applicant shall be subject to
the approval of the Township.
[b]
The maximum height of any tower-based WCF in the
right-of-way shall not exceed 50 feet. Extension to an existing structure,
utility pole, or tower-based facility shall require prior approval
of the Township, and shall not increase the overall height of the
tower-based WCF to more than 50 feet. The Township reserves the right
to deny such requests based upon aesthetic and land use impact, or
any other lawful considerations related to the character of the Township.
[c]
Any proposed tower-based WCF shall be designed
structurally, electrically, electronically, and in all respects to
accommodate both the WCF applicant's antennas and comparable antennas
for future users.
[8]
Visual or land use impact. The Township reserves
the right to deny the construction or placement of any tower-based
WCF in the ROW based upon visual and/or land use impact.
[9]
Additional antennas. As a condition of approval
for all tower-based WCFs in the ROW, the WCF applicant shall provide
the Township with a written commitment that it will allow other service
providers to co-locate antennas on tower-based WCFs where technically
and economically feasible. The owner of a tower-based WCF shall not
install any additional antennas without obtaining the prior written
approval of the Township.
[10]
Relocation or removal of facilities. Within 60
days following written notice from the Township, or such longer period
as the Township determines is reasonably necessary or such shorter
period in the case of an emergency, an owner of tower-based WCF in
the ROW shall, at its own expense, temporarily or permanently remove,
relocate, change or alter the position of any WCF when the Township,
consistent with its police powers and applicable Public Utility Commission
regulations, shall determine that such removal, relocation, change
or alteration is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[b]
The operations of the Township or other governmental
entity in the right-of-way;
[c]
Vacation of a street or road or the release of
a utility easement; or
[d]
An emergency as determined by the Township.
[11]
Compensation for ROW use. In addition to permit
fees as described in Section V.15 above,[9] every tower-based WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation to be paid
for use and occupancy of the ROW. Such compensation for ROW use shall
be directly related to the Township's actual ROW management costs
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each tower-based WCF shall pay an annual fee to the Township to compensate
the Township for the Township's costs incurred in connection with
the activities described above. The annual ROW management fee for
tower-based WCFs shall be determined by the Township and authorized
by resolution of Township Board and shall be based on the Township's
actual ROW management costs as applied to such tower-based WCF.
[9]
Editor's Note: So in original.
[12]
Bond. Prior to the issuance of a permit, the owner
of a tower-based WCF in the ROW shall, at its own cost and expense,
obtain from a surety licensed to do business in Pennsylvania and maintain
a bond, or other form of security acceptable to the Township Solicitor,
in an amount of $100,000 to assure the faithful performance of the
terms and conditions of this chapter. The bond shall provide that
the Township may recover from the principal and surety any and all
compensatory damages incurred by the Township for violations of this
chapter, after reasonable notice and opportunity to cure. The owner
shall file a copy of the bond with the Township.
[13]
Insurance. Each person that owns or operates a
nontower WCF shall provide the Township with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the nontower WCF.
[14]
Indemnification. Each person that owns or operates
a nontower WCF shall, at its sole cost and expense, indemnify, defend
and hold harmless the Township, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the nontower WCF. Each person that owns
or operates a nontower WCF shall defend any actions or proceedings
against the Township in which it is claimed that personal injury,
including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of a nontower WCF.
The obligation to indemnify, hold harmless and defend shall include,
but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
(d)
General requirements for all nontower wireless communications
facilities.
[1]
The following regulations shall apply to all nontower
wireless communications facilities that do not substantially change
the physical dimensions of the wireless support structure to which
they are attached:
[a]
Permitted in all zones subject to regulations.
Nontower WCFs are permitted in all zones subject to the restrictions
and conditions prescribed below and subject to the prior written approval
of the Township.
[b]
Standard of care. Any nontower WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
WCF shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township.
[c]
Wind. Any nontower WCF structures shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSFEINTIA-222-E Code, as amended) and any regulations
of the Institute of Electrical and Electronic Engineers (IEEE).
[d]
Public safety communications. No nontower WCF shall
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
[e]
Aviation safety. Nontower WCFs shall comply with
all federal and state laws and regulations concerning aviation safety.
[f]
Radio frequency emissions. No nontower WCF may,
by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
[g]
Removal. In the event that use of a nontower WCF
is discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
[i]
All abandoned or unused WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the Township.
[ii]
If the WCF or accessory facility is not removed
within three months of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and/or associated
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
[h]
Timing of approval. Within 30 calendar days of
the date that an application for a nontower WCF is filed with the
Township, the Township shall notify the applicant in writing of any
information that may be required to complete such application. Within
90 calendar days of receipt of a complete application, the Township
shall make its final decision on whether to approve the application
and shall advise the applicant in writing of such decision. If additional
information was requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the Township's ninety-day review period.
[i]
Permit fees. The Township may assess appropriate
and reasonable permit fees directly related to the Township's actual
costs in reviewing and processing the application for approval of
a nontower WCF or $1,000, whichever is less.
[j]
Indemnification. Each person that owns or operates
a nontower WCF shall, at its sole cost and expense, indemnify, defend
and hold harmless the Township, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the nontower WCF. Each person that owns
or operates a nontower WCF shall defend any actions or proceedings
against the Township in which it is claimed that personal injury,
including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of a nontower WCF.
The obligation to indemnify, hold harmless and defend shall include,
but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
[2]
The following regulations shall apply to all nontower
wireless communications facilities that substantially change the wireless
support structure to which they are attached:
[a]
Permitted in all zones subject to regulations.
Nontower WCFs are permitted in all zones subject to the restrictions
and conditions prescribed below and subject to the prior written approval
of the Township.
[b]
Standard of care. Any nontower WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
WCF shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township.
[c]
Wind. Any nontower WCF structures shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSFEINTIA-222-E Code, as amended) and any regulations
of the Institute of Electrical and Electronic Engineers. Such structures
shall be able to withstand wind gusts of up to 100 miles per hour.
[d]
Public safety communications. No nontower WCF shall
interfere with public safety communications or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
[e]
Historic buildings. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Registers of Historic Places or the official historic
structures and/or historic districts list maintained by the Township,
or has been designated by the Township as being of historic significance.
[f]
Aviation safety. Nontower WCFs shall comply with
all federal and state laws and regulations concerning aviation safety.
[g]
Maintenance. The following maintenance requirements
shall apply:
[i]
The nontower WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[ii]
Such maintenance shall be performed to ensure
the upkeep of the facility in order to promote the safety and security
of the Township's residents.
[iii]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
[h]
Radio frequency emissions. No nontower WCF may,
by itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
[i]
Removal. In the event that use of a nontower WCF
is discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
[i]
All abandoned or unused WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the Township.
[ii]
If the WCF or accessory facility is not removed
within three months of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and/or associated
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF.
[j]
Timing of approval. Within 30 calendar days of
the date that an application for a nontower WCF is filed with the
Township, the Township shall notify the applicant in writing of any
information that may be required to complete such application. Within
90 calendar days of receipt of a complete application, the Township
shall make its final decision on whether to approve the application
and shall advise the applicant in writing of such decision. If additional
information was requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the Township's ninety-day review period.
[k]
Retention of experts. The Township may hire any
consultant(s) and/or expert(s) necessary to assist the Township in
reviewing and evaluating the application for approval of the WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this chapter. The applicant and/or
owner of the WCF shall reimburse the Township for all costs of the
Township's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
[l]
Bond. Prior to the issuance of a permit, the owner
of a nontower WCF shall, at its own cost and expense, obtain from
a surety licensed to do business in Pennsylvania and maintain a bond,
or other form of security acceptable to the Township Solicitor, in
an amount of $25,000 to assure the faithful performance of the terms
and conditions of this chapter. The bond shall provide that the Township
may recover from the principal and surety any and all compensatory
damages incurred by the Township for violations of this chapter, after
reasonable notice and opportunity to cure. The owner shall file a
copy of the bond with the Township.
[m]
Permit fees. The Township may assess appropriate
and reasonable permit fees directly related to the Township's actual
costs in reviewing and processing the application for approval of
a nontower WCF, as well as related inspection, monitoring and related
costs.
(e)
Nontower wireless facilities outside the rights-of-way. The
following additional regulations shall apply to nontower wireless
communications facilities located outside the rights-of-way that substantially
change the wireless support structure to which they are attached:
[1]
Development regulations. Nontower WCFs shall be
co-located on existing structures, such as existing buildings or tower-based
WCFs subject to the following conditions:
[a]
Such WCF shall not extend more than 10 feet above
the nontower structure on which it is mounted.
[b]
No nontower WCF shall be located on a lot the size
of less than two acres. If the WCF applicant proposes to locate the
communications equipment in a separate building, the minimum lot size
of the lot on which the building is located shall not be less than
two acres and shall comply with the minimum requirements for the applicable
zoning district.
[c]
An eight-foot-high security fence shall be installed,
and maintained to surround any separate communications equipment building.
Vehicular access to the communications equipment building shall not
interfere with the parking or vehicular circulations on the site for
the principal use.
[2]
Design regulations.
[a]
Nontower WCFs shall employ stealth technology and
be treated to match the supporting structure in order to minimize
aesthetic impact. The application of the stealth technology chosen
by the WCF applicant shall be subject to the approval of the Township.
[b]
Nontower WCFs which are mounted to a building or
similar structure may not exceed a height of 15 feet above the roof
or parapet, whichever is higher, unless the WCF applicant obtains
a conditional use permit.
[c]
All nontower WCF applicants must submit documentation
to the Township justifying the total height of the nontower structure.
Such documentation shall be analyzed in the context of such justification
on an individual basis.
[d]
Antennas, and their respective accompanying support
structures, shall be no greater in diameter than any cross-sectional
dimension than is reasonably necessary for their proper functioning.
[e]
Noncommercial usage exemption. Township citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the design regulations enumerated in § 450-1604F(4)(e)[2] of this chapter.
[3]
Removal, replacement, modification.
[a]
The removal and replacement of nontower WCFs and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not increase
the overall size of the WCF or the numbers of antennas.
[b]
Any material modification to a wireless telecommunications
facility shall require a prior amendment to the original permit or
authorization.
[4]
Visual or land use impact. The Township reserves
the right to deny an application for the construction or placement
of any nontower WCF based upon visual and/or land use impact.
[5]
Inspection. The Township reserves the right to
inspect any WCF to ensure compliance with the provisions of this chapter
and any other provisions found within the Township Code or state or
federal law. The Township and/or its agents shall have the authority
to enter the property upon which a WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance. In the
event the inspection reveals a violation of the provisions of this
chapter, the owner will pay the cost of the inspection, as well as
any inspection fees.
(f)
Nontower wireless facilities in the rights-of-way. The following
additional regulations shall apply to all nontower wireless communications
facilities located in the rights-of-way:
[1]
Co-location. Nontower WCFs in the ROW shall be
co-located on existing poles, such as existing utility poles or light
poles.
[2]
Design requirements:
[a]
WCF installations located above the surface grade
in the public ROW including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are no more than six feet in height and that are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the smallest and least visibly intrusive equipment
feasible.
[b]
Antennas and all support equipment shall be treated
to match the supporting structure. WCFs and accompanying equipment
shall be painted, or otherwise coated, to be visually compatible with
the support structure upon which they are mounted.
[3]
Compensation for ROW use. In addition to permit
fees as described above, every nontower WCF in the ROW is subject
to the Township's right to fix annually a fair and reasonable compensation
to be paid for use and occupancy of the ROW. Such compensation for
ROW use shall be directly related to the Township's actual ROW management
costs including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other ROW management activities by the Township. The owner of
each nontower WCF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for nontower WCFs shall
be determined by the Township and authorized by resolution of Township
Board and shall be based on the Township's actual ROW management costs
as applied to such nontower WCF.
[4]
Time, place and manner. The Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all nontower WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.[10]
[10]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
[5]
Equipment location. Nontower WCFs and accessory
equipment shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic, or to otherwise create
safety hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
[a]
In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb;
[b]
Ground-mounted equipment that cannot be undergrounded
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
[c]
Required electrical meter cabinets shall the screened
to blend in with the surrounding area to the satisfaction of the Township.
[d]
Any graffiti on the tower or on any accessory equipment
shall be removed at the sole expense of the owner within 10 business
days of notice of the existence of the graffiti.
[e]
Any underground vaults related to nontower WCFs
shall be reviewed and approved by the Township.
[6]
Relocation or removal of facilities. Within 60
days following written notice from the Township, or such longer period
as the Township determines is reasonably necessary or such shorter
period in the case of an emergency, an owner of a WCF in the ROW shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Township, consistent with
its police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[b]
The operations of the Township or other governmental
entity in the right-of-way;
[c]
Vacation of a street or road or the release of
a utility easement; or
[d]
An emergency as determined by the Township.
[7]
Visual or land use impact. The Township retains
the right to deny an application for the construction or placement
of a nontower WCF based upon visual and/or land use impact.
(5)
F5 Airport, Heliport, Airfield and Gliderport. An area of land
which is used or intended to be used for the landing and takeoff of
aircraft and appurtenant areas which are used or intended to be used
for aircraft buildings or air navigation facilities or rights-of-way,
together with airport buildings and facilities thereon. This use does
not include Use H14 Helistop.
(a)
The siting, operation and maintenance of all airport, heliport,
airfield, gliderports and associated facilities shall conform to all
regulations of the Pennsylvania Department of Transportation Bureau
of Aviation, the Federal Aviation Administration (FAA) and of any
other licensing agencies of the federal and state government.
(b)
Minimum lot area: 100 acres.
(c)
The outside limits of any landing area shall be located 400
feet from any property line and from any public road. A landing area
is defined as an area used or intended to be used for the landing,
taking off, or surface maneuvering of aircraft.
(d)
A "stopway" of at least 200 feet in length and having a width
equal to that of the paved runway shall be provided between each end
of the runway and the property line of the airport tract.
(e)
All buildings associated with the airstrip, including hangers,
landing pads, warm-up pads, refueling facilities, lights, etc. shall
be placed at least 100 feet from the property line of the lot.
(f)
A fence constructed in accordance with all local, state and
federal regulations shall enclose that part of the tract which is
used by aircraft so that animals, unauthorized personnel and vehicles
are restrained from entering the aircraft operating area.
(g)
No activities shall be permitted which will violate the regulations
of this chapter or any other West Rockhill Township ordinance controlling
noise, dust, dirt, electrical disturbance, hazards, or other nuisances.
(h)
A noise abatement program, meeting Federal Aviation Administration
guidelines found in Federal Aviation Regulation Part 150 and other
applicable federal and state regulations, shall be approved by the
Township and shall be in effect.
(i)
No airport, heliport, airfield, or gliderport shall be established
if its flight pattern will overlap with the flight pattern of any
existing airport, heliport, airfield, or gliderport.
(j)
Minimum parking requirement. Off-street parking spaces for the
principal airport, heliport, airfield, or gliderport facility as the
Township shall determine adequate to serve customers, patrons, visitors,
employees and vehicles normally parked on the premises.
(6)
F6 Wind Energy Facility. An electric generation facility, whose
main purpose is to supply electricity, consisting of one or more wind
turbines and other accessory structures and buildings, including substations,
meteorological towers, electrical infrastructure, transmission lines
and other appurtenant structures and facilities. This use does not
include Use H12 Wind Energy Conversion System.
(a)
FACILITY OWNER
HUB HEIGHT
NON-PARTICIPATING LANDOWNER
OPERATOR
TURBINE HEIGHT
WIND TURBINE
The following definitions shall apply to Use F6 Wind Energy
Facility:
The entity or entities having an equity interest in the wind
energy facility, including their respective successors and assigns.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade is attached.
Any landowner except those on whose property all or a portion
of a wind energy facility is located pursuant to an agreement with
the facility owner or operator.
The entity responsible for the day-to-day operation and maintenance
of the wind energy facility.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any.
(b)
The applicant shall submit the following as part of the application
for conditional use:
[1]
A narrative describing the proposed wind energy
facility, including an overview of the project; the project location;
the approximate generating capacity of the wind energy facility; the
approximate number, representative types and height or range of heights
of wind turbines to be constructed, including their generating capacity,
dimensions and respective manufacturers, and a description of ancillary
facilities.
[2]
An affidavit or similar evidence of agreement between
the property owner and the facility owner or operator demonstrating
that the facility owner or operator has the permission of the property
owner to apply for necessary permits for construction and operation
of the wind energy facility.
[3]
A site plan showing the planned location of each
wind turbine, property lines, setback lines, access road and turnout
locations, substation(s), electrical cabling from the wind energy
facility to the substation(s), ancillary equipment, buildings, and
structures, including permanent meteorological towers, associated
transmission lines, and layout of all structures within the geographical
boundaries of any applicable setback.
[4]
Documents related to decommissioning, including
a schedule for the decommissioning and financing security.
[5]
Other relevant studies, reports, certifications
and approvals as may be reasonably requested by the Township to ensure
compliance with this chapter.
(c)
Wind turbines shall meet the following setback requirements:
[1]
Wind Turbines shall be set back from the nearest
occupied building a distance not less than the greater of the maximum
setback requirements for that zoning classification where the turbine
is located or 1.5 times the turbine height, whichever is greater.
The setback distance shall be measured from the center of the wind
turbine base to the nearest point on the foundation of the occupied
building.
[2]
Wind turbines shall be set back from the nearest
occupied building located on a nonparticipating landowner's property
a distance of not less than five times the hub height, as measured
from the center of the wind turbine base to the nearest point on the
foundation of the occupied building.
[3]
Wind turbines shall be set back from the nearest
property line a distance of not less than the greater of the maximum
setback requirements for that zoning classification where the turbine
is located or 1.5 times the turbine height, whichever is greater.
The setback distance shall be measured to the center of the wind turbine
base.
[4]
Wind turbines shall be set back from the nearest
public road a distance of not less than 1.5 times the turbine height,
as measured from the right-of-way line of the nearest public road
to the center of the wind turbine base.
[5]
Wind turbines shall be set back from any active
recreation facilities or fields a distance of not less than the greater
of the maximum setback requirements for that zoning classification
where the turbine is located or 1.5 times the turbine height, whichever
is greater. The setback distance shall be measured to the center of
the wind turbine base.
(d)
The design of the wind energy facility shall conform to applicable
industry standards, including those of the American National Standards
Institute. The applicant shall submit certificates of design compliance
obtained by the equipment manufacturers from Underwriters Laboratories,
Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar
certifying organizations.
(e)
All wind energy facilities shall be equipped with a redundant
braking system. This includes both aerodynamic overspeed controls
(including variable pitch, tip, and other similar systems) and mechanical
brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall
regulation shall not be considered a sufficient braking system for
overspeed protection.
(f)
All electrical components of the wind energy facility shall
conform to relevant and applicable local, state and national codes,
and relevant and applicable international standards.
(g)
Wind turbines shall be a nonobtrusive color, such as white,
off-white or gray.
(h)
Wind energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(i)
Wind turbines shall not display advertising.
(j)
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground.
(k)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(l)
Visible, reflective, colored objects, such as flags, reflectors,
or tape shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
(m)
Wind turbines shall not be climbable up to 15 feet above ground
surface.
(n)
All access doors to wind turbines and electrical equipment shall
be secured and fenced, as appropriate, to prevent entry by nonauthorized
persons.
(o)
The applicant shall provide a copy of the project summary and
site plan to local emergency services, including paid or volunteer
Fire Department(s).
(p)
Upon request, the applicant shall cooperate with emergency services
to develop and coordinate implementation of an emergency response
plan for the wind energy facility.
(q)
Audible sound from a wind energy facility shall not exceed 55
dBA, as measured at the exterior of any occupied building on a nonparticipating
landowner's property. Methods for measuring and reporting acoustic
emissions from wind turbines and the wind energy facility shall be
equal to or exceed the minimum standards for precision described in
AWEA Standard 2.1 - 1989 titled Procedures for the Measurement and
Reporting of Acoustic Emissions from Wind Turbine Generation Systems
Volume I: First Tier.
(r)
The facility owner and operator shall make reasonable efforts
to minimize shadow flicker to any occupied building on a nonparticipating
landowner's property.
(s)
Development and operation of a wind energy facility shall not
have a significant adverse impact on endangered or threatened fish,
wildlife, or plant species or their critical habitats, or other significant
habitats identified by the Commonwealth of Pennsylvania and/or the
studies of the U.S. Fish and Wildlife Service. Wind energy facilities
must adhere to the guidelines set forth by the Commonwealth of Pennsylvania
and the U.S. Fish and Wildlife Service, "Guidelines To Avoid and Minimize
Wildlife Impacts from Wind Turbines," Federal Register: July 10, 2003
(Volume 68, Number 132).
(t)
Development and operation of a wind energy facility shall not
have an adverse impact on migratory bird species.
(u)
There shall be maintained a current general liability policy
covering bodily injury and property damage with limits of at least
$5 million per occurrence and $5 million in the aggregate. Certificates
shall be made available to the Township upon request.
(v)
The owner of the wind energy facility shall, at its sole cost
and expense, fully indemnify, defend and hold harmless the Township,
its officers, public officials, boards and commissions, agents and
employees from and against any and all lawsuits, claims, causes of
action, actions, liability and judgments for injury or damage (including
but not limited to expenses for reasonable attorney fees and disbursements
of the Township in connection therewith) arising out of the construction
or operation of the wind energy facility or arising in any way out
of any failure by any locator to comply with the provisions of any
federal, state or local laws, rules or regulations.
(w)
If no electricity is generated for a continuous period of 12
months, the facility owner or operator shall dismantle and remove
the wind energy facility within six months of the expiration of such
twelve-month period. Prior to receipt of a zoning permit for the construction
of a wind energy facility, the applicant shall provide to the Township
financial security sufficient to guarantee the removal of the wind
energy facility. Said financial security shall remain in place until
the wind energy facility is removed.
G.
Industrial uses.
(1)
G1 Manufacturing. Establishments engaged in the mechanical or
chemical transformation of materials or substances into new products
including the assembling of component parts, the manufacturing of
products and the blending of materials such as lubricating oils, plastics,
resins or liquors or food processing. Processing on farms is not considered
manufacturing where the raw materials are produced on the farm.
(a)
Minimum parking requirement. One space per 500 square feet of
floor area, plus one space for each company vehicle normally stored
on the premises.
(2)
G2 Research. Scientific or industrial research, testing or experimental
laboratory or similar establishment for research or product development.
(a)
No research facility shall be a commercial production facility.
(b)
No research facility shall be permitted which constitutes a
danger to the community because of medical or biological wastes, explosive,
highly flammable, combustible, chemical, corrosive, oxidizing or radioactive
materials.
(c)
Facilities for the disposal of wastewater, animal wastes, animal
remains and other by-products of the research facility shall meet
with the approval of the Bucks County Health Department and with all
other requirements imposed by the laws of the Commonwealth and the
Federal government.
(d)
Minimum parking requirement. One space for each employee on
the largest shift, or one space for every 250 square feet of floor
area, whichever is greater, plus one space for each company vehicle
normally stored on the premises.
(3)
G3 Wholesale Business and Warehouse. A building used by manufacturers,
importers, exporters, wholesalers, transport businesses, customs,
or similar businesses for storage of goods or merchandise, which are
not produced or manufactured on site. No retail sales are permitted
in association with this use.
(a)
No explosive, toxic, radioactive, corrosive, oxidizing or highly
flammable or combustible materials and chemicals shall be stored on
the premises.
(b)
Minimum parking requirement. One space per 5,000 square feet
of floor area plus one space per employee and one space for each company
vehicle to be stored on the premises.
(4)
G4 Contractor Services. Contractor offices and shops for businesses
that provide services related to excavating, building construction,
cement, masonry, painting, roofing, siding, landscaping, paving, HVAC,
plumbing, electrical, carpentry, or uses of similar nature.
(a)
Outside storage areas for materials, equipment, and business
vehicles shall be enclosed by fencing, (minimum six feet high, maximum
eight feet high) of a type that will provide visual screening subject
to approval by the Township; and shall meet the requirements of Accessory
Use H3 Outside Storage or Display.
(b)
Minimum parking requirement. One space per employee vehicle
on-site during daytime hours, one space per company vehicle to be
stored on the premises, and one space per 200 square feet of floor
area designated for office use.
(5)
G5 Fuel Storage and Distribution. Establishments primarily engaged
in fuel storage and distribution. This use does not include Use E8
Motor Vehicle Fuel Station.
(a)
Minimum lot area: five acres.
(b)
The facility and accessory storage areas shall be setback a
minimum of 100 feet from the ultimate street right-of-way and from
all other property lines.
(c)
All storage tanks (and associated pumps and piping) construction,
installation, and containment shall, as a minimum, meet the requirements
of the Pennsylvania Department of Environmental Protection and the
federal Environmental Protection Agency.
(d)
All storage tanks, associated pumps and piping and leak detection
systems shall be designed and constructed using "state of the art"
industry technology. The leak detection system shall be a continuously
monitored and automated system.
(e)
The applicant shall present a plan to demonstrate the methods
by which any leaks or spills of liquids will be continuously monitored
and contained and shall also demonstrate that the stormwater management
system is designed to capture volatile organic compounds, oils, and
solids. Applicant shall also provide to the Township a copy of a maintenance
agreement setting forth the terms for the management of the facilities.
(f)
This use shall not be permitted within 1,000 feet of any preexisting
public or private drinking water supply source.
(g)
Minimum parking requirement. One space per employee vehicle
on site during daytime hours plus one space per company vehicle to
be stored, on the premises.
(6)
G6 Building Materials Sales. Establishments such as lumber yards
and those offering for sale finished products used in building and
construction. This use does not include a home improvement center
where other types of products and goods are sold. This use is limited
to the sale of wood and lumber and ancillary woodworking products,
but does not include consumer, household or electronic products.
(a)
Millworking and planning are included in this use.
(b)
Storage yards shall be fully enclosed by a Type 4 buffer in compliance with § 450-1704 of this chapter.
(c)
The storage of flammable or toxic gases and liquids and the
production and mixing of asphalt and concrete is prohibited.
(d)
Minimum parking requirement. One space for each employee on
largest shift or one space per 1,000 square feet, whichever is greater,
plus one space for each company vehicle stored on premises.
(7)
G7 Truck Terminal. Establishments with more than two trucks
which are not incidental to the primary use and which are used for
the storage of trucks and/or the transfer of freight, from one truck
to another, provided said use or structure does not include the handling,
processing or storage of solid, municipal or hazardous waste.
(a)
The trucking operations shall be licensed as required by the
Pennsylvania Public Utility Commission.
(b)
All yards abutting any residential or agriculturally used or
zoned property shall have a minimum yard width of 500 feet.
(c)
Trucks with compressors running 24 hours a day shall be located
within a quadrangle of buildings or walls.
(d)
Minimum parking requirement. One space for each employee or
one space for every 500 square feet of floor area, whichever requires
the greater number of spaces, plus one space for each company vehicle
normally stored on the premises.
(8)
G8 Industrial Animal Production. Industrial Animal Production
shall mean facilities used for raising of animals for industrial or
laboratory purposes but shall not include agricultural or intensive
agricultural uses.
(a)
Minimum lot area: five acres.
(b)
All production facilities and animal housing shall be indoors.
(c)
Facilities for the disposal of wastewater and animal wastes
shall meet with the approval of the Bucks County Health Department
and with all other requirements imposed by the laws of the Commonwealth
and the Federal government.
(d)
Noise from the facility shall not be audible beyond the property
line.
(e)
Minimum parking requirement. One space per employee on the largest
shift, plus one space for each company vehicle normally stored on
the premises.
(9)
G9 Solid Waste Facility.
(a)
COMMERCIAL COMPOSTING OR MULCHING PLANT OR OPERATION
LANDFILL or MUNICIPAL LANDFILL or SANITARY LANDFILL
RECYCLING CENTER
RESOURCE RECOVERY FACILITY
SETBACK
TRANSFER STATION
WASTE-TO-ENERGY PLANT
Solid waste facilities shall include one or more of the following
definitions:
A facility at which composting is done. "Composting" shall
mean the process by which organic solid waste is biologically decomposed
under controlled anaerobic or aerobic conditions to yield a humus-like
product. "Compostable material" shall mean organic waste which is
capable of undergoing composting. Composting activities associated
with normal farming operations shall not be included in this definition
of composting plant.
A Pennsylvania Department of Environmental Protection approved
facility for disposing of solid waste on land without creating nuisances
or hazards to the public health or safety.
A facility established to receive, process, handle and ship
recyclable materials.
A plant, establishment, set of equipment or other operation
which recovers useful materials and/or products, including heat, electricity
and/or recyclable materials from otherwise waste materials. A resource
recovery facility shall not include a landfill.
An open space unobstructed from the ground up extending along
a lot line or street line and inward toward the solid waste facility.
The size of the setback shall be measured as the shortest distance
from the lot line or street line toward the solid waste facility use
which includes any buildings, structures, and other improvements,
or any solid waste storage, processing or unloading areas. The front
setback extends the entire length of the ultimate right-of-way line
toward the solid waste facility use, as defined above. In the case
of a corner lot, the setbacks extending along all streets are front
setbacks. In the case of a lot other than a corner lot that fronts
on more than one street, the setbacks extending along all streets
are front setbacks. The rear setback is between the solid waste facility,
as defined above, and a rear lot line and extending the entire length
of the rear lot line. The side setback is between the solid waste
facility use, as defined above, and a side lot line, extending from
the front setback to the rear setback. In the case of a lot having
no street frontage or a lot of odd shape, any setback that is not
a front setback or a rear setback shall be considered a side setback.
A facility which receives and temporarily stores solid waste
at a location other than the generation site and which facilitates
the bulk transfer of accumulated solid waste to a facility for further
processing or disposal.
A facility used for the incineration of solid waste and the
production of steam and electricity or other useful forms of energy.
(b)
Dimensional requirements for landfill (municipal or sanitary).
[1]
Minimum lot area: 50 acres.
[2]
Maximum building coverage: 10%.
[3]
Minimum lot width: 900 feet.
[4]
Maximum height: 35 feet.
[5]
Minimum front setback: 200 feet (400 feet if adjacent
to residential district).
[6]
Minimum side setback: 100 feet (400 feet if adjacent
to residences or residential district).
[7]
Minimum rear setback: 100 feet (400 feet if adjacent
to residences or residential district).
[8]
Buffer yard requirement: Type 2 buffer around perimeter.
(c)
Dimensional requirements for recycling facility or trash transfer
station.
[1]
Minimum lot area: five acres.
[2]
Maximum building coverage: 25%.
[3]
Minimum lot width: 300 feet.
[4]
Maximum height: 35 feet.
[5]
Minimum front setback: 100 feet (200 feet if adjacent
to residences or a residential district).
[6]
Minimum side setback: 75 feet (100 feet if adjacent
to residences or residential district).
[7]
Minimum rear setback: 75 feet (100 feet if adjacent
to residences or residential district).
[8]
Buffer yard requirement: Type 2 buffer around perimeter.
(d)
Dimensional requirements for other solid waste facilities.
[1]
Minimum lot area: 20 acres.
[2]
Maximum building coverage: 10%.
[3]
Minimum lot width: 500 feet.
[4]
Maximum height: 35 feet.
[5]
Minimum front setback: 200 feet (400 feet if adjacent
to residences or a residential district).
[6]
Minimum side setback: 100 feet (150 feet if adjacent
to residences or residential district).
[7]
Minimum rear setback: 100 feet (150 feet if adjacent
to residences or residential district).
[8]
Buffer yard requirement: Type 2 buffer around perimeter.
(e)
Landscaping shall be provided to buffer and screen the use from surrounding properties, to complement buildings and other structures on the site and to enhance the overall character of the facility. A buffer yard 75 feet in width shall be established which conforms to the buffer standards of a Type 2 Buffer as required by § 450-1704 of this chapter.
(f)
The facility shall be screened by fencing, walls, berms and
other site improvement features to complement the proposed landscaping
buffer and shall be surrounded by adequate fencing to prevent unauthorized
entry.
(g)
The facility shall provide adequate exterior lighting for the
safe and efficient operation and security of the facility but as minimal
and subdued as possible using lighting posts and fixtures complementary
to the proposed architecture and the character of the surrounding
neighborhood.
(h)
The facility shall provide for adequate environmental controls
to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes,
vapors, gases, air emission and water effluents as required under
appropriate and relevant federal and state environmental laws and
West Rockhill Township ordinances.
(i)
The facility shall include efficient mitigation of potential,
adverse environmental impacts and shall conform to the requirements
of the Pennsylvania Department of Environmental Protection.
(j)
As part of the application process, there shall be a traffic
impact study which shall identify the number of trucks proposed to
use the facility, their probable routes, the distribution of truck
traffic during the day and the effect of the increased truck traffic
on level of service of all roadway segments and intersections within
one-half mile of the proposed facility. Safety concerns, noise and
other effects of increased truck traffic shall be described.
(k)
The facility shall not include any building or structure with
a height in excess of 35 feet, unless it is shown that it is not possible
for the facility to operate properly and safely within these height
limits. The building height may in this case be increased to not more
than 45 feet, provided that for each additional foot of height permitted,
an additional five feet of front, side and rear yard setback shall
be provided.
(l)
The facility shall not include any exhaust or other stack with
a height in excess of 100 feet, except as required under U.S. Environmental
Protection Agency (EPA) or other federal or state regulations, and
shall provide safeguards and meet Federal Aviation Administration
(FAA) regulations regarding limitations relative to airport safety
and sound engineering practices.
(m)
The facility shall provide adequate storage, loading and unloading
facilities and sufficient paved turning areas to permit unobstructed
maneuvering room for trash, transfer and ash trucks and shall provide
adequate automobile parking as required by this chapter.
(n)
The facility shall have a contract with a pest and rodent control
company for the regular elimination and control of rats, flies, vermin
and other rodents, insects and pests that might become vectors for
carrying disease.
(o)
No use shall emit odorous gases or other odorous matter in such
quantities as to be humanly perceptible at or beyond any point at
its lot lines.
(p)
Any proposed solid waste facility shall be consistent with the
latest revision of the Bucks County Municipal Waste Management Plan.
(q)
All solid waste facilities shall at all times be in full compliance
with the statutes of the Commonwealth of Pennsylvania and the rules
and regulations of the Department of Environmental Protection (PaDEP)
and the provisions of this chapter. In the event that any of the provisions
of this chapter are less restrictive than any present or future rules
or regulations of the PaDEP, the more restrictive PaDEP regulations
shall supersede and control.
(r)
Access to the site shall be limited to those posted times when
an attendant is on duty. In order to protect against indiscriminate
and unauthorized dumping, every solid waste facility shall be protected
by locked barricades, fences, gates or other positive means designed
to deny access to the area at unauthorized times or locations. Such
barricades shall be at least six feet high and shall be kept in good
repair and neatly painted in a uniform color.
(s)
Solid waste facilities may include a combination of the permitted use types found in § 450-1604G(9)(a). The minimum lot area for a combination of permitted uses shall be the minimum lot area for the individual use within the combination with the largest required minimum lot area.
(t)
Unloading of municipal solid waste shall be continuously supervised
by a facility operator.
(u)
The solid waste facility shall only be operated between the
hours of 7:00 a.m. and 7:00 p.m. (either on the eastern standard or
daylight saving time system). Extended hours of operation may be approved
by the Board of Supervisors upon submission of a written request by
the applicant/owner of the facility. The Board of Supervisors shall
take into consideration the type of facility, amount of usage, and
impact on adjoining properties when reviewing such requests.
(v)
Minimum parking requirement. To be determined by the Planning
Commission and the Board of Supervisors.
(10)
G10 Junkyard or Automobile Salvage Yard. An area of land, with
or without buildings, used for the storage, outside of a completely
enclosed building, of used or discarded materials, including, but
not limited to wastepaper, rags, metal, building materials, house
furnishings, machinery, vehicles, or parts thereof, with or without
the dismantling, processing, salvage, sale or other use or disposition
of the same. The deposit or storage of two or more motor vehicles
not having valid inspection stickers issued by the Pennsylvania Department
of Transportation, excluding farm vehicles, or of two or more wrecked
or broken vehicles, or the major parts of two or more such vehicles,
shall only be stored in a licensed junkyard.
(b)
Such uses shall be entirely enclosed by a solid fence or wall,
at least eight feet high but no more than 10 feet high and constructed
of plank boards, brick, cinder block or concrete with access only
through solid gates. Such fence or wall shall be kept in good repair
and neatly maintained.
(c)
The land area used for junkyard purposes shall not be exposed
to public view from any public street or road by virtue of its location
on a hillside or location on a plateau below street level.
(d)
A Type 2 buffer yard 75 feet in width with plantings required by § 450-1704 shall be provided on the outside perimeter of the fenced area planted in accordance with the buffer yard standards of this chapter.
(e)
The contents of such use shall not be placed or deposited to
a height greater than the height of the fence or wall herein prescribed.
(f)
Dumping of trash or land fill operations and burning of any
materials is specifically prohibited.
(g)
All materials shall be stored in such a manner as to prevent
the breeding or harboring of rats, insects, or other vermin. When
necessary, this shall be accomplished by enclosure in containers,
raising of materials above the ground, separation of types of material,
preventing the collection of stagnant water, extermination procedures,
or other means.
(h)
The facility shall have a contract with a pest and rodent control
company for the regular elimination and control of rats, flies, vermin
and other rodents, insects and pests that might become vectors for
carrying disease.
(i)
No material shall be placed in any junkyard or automobile salvage
yard in such a manner that it is capable of being transferred out
of the junkyard or automobile salvage yard by wind, water, or other
natural causes.
(j)
All rags, cloth and other fibers, and activities involving the
same, other than loading and unloading, shall be within fully enclosed
buildings.
(k)
No explosive, toxic, radioactive, corrosive, oxidizing or highly
flammable or combustible materials and chemicals shall be stored on
the premises.
(l)
No burning shall be carried on in any junkyard or auto salvage
yard. Fire shall be prevented and hazards avoided by organization
and segregation of stored materials, with particular attention to
the separation of combustibles from other materials and enclosure
of combustibles where necessary (gas tanks shall be drained), by the
provision of adequate aisles of at least 15 feet in width for escape
and firefighting, and by other necessary measures.
(m)
All vehicles must be drained of all liquids before they are
placed in the junkyard. An impervious base, free of cracks and sufficiently
large for draining liquids from all vehicles, shall be provided. The
base should be sloped to drain to a sump or holding tank and liquid
shall be removed from the site as often as is necessary to prevent
overflow of the system. Curbing around the pad must be able to retain
runoff from a 100-year, twenty-four-hour storm. All hazardous liquids
shall be properly disposed of according to Department of Environmental
Protection rules and regulations.
(n)
Paving and sealing of storage areas to protect against groundwater
contamination is required.
(o)
Stormwater runoff from the proposed use shall comply with Chapter 352, Stormwater Management, of the Code of the Township of West Rockhill.
(p)
Such use must be in accordance with the regulations for junkyards
and automobile salvage yards in effect in Pennsylvania, shall be licensed
by the Commonwealth of Pennsylvania and shall comply with all other
federal, state and local laws and regulations.
(q)
A zoning permit shall be required on an annual basis.
(r)
The facility shall only be operated between the hours of 7:00
a.m. and 7:00 p.m. (either on the eastern standard or daylight saving
time system). Extended hours of operation may be approved by the Board
of Supervisors upon submission of a written request by the applicant/owner
of the facility. The Board of Supervisors shall take into consideration
the type of facility, amount of usage, and impact on adjoining properties
when reviewing such requests.
(s)
Minimum parking requirement: one space for each employee on
the largest shift, plus three additional spaces for customer parking
which shall be clearly separated from areas for the storage of vehicles.
(11)
G11 Extraction Operation. Extraction operations conducted in
accordance with this chapter. Such use shall include extractive operations
for sand, clay, shale, gravel, topsoil, stone and similar operations,
including borrow pits. The following regulations shall apply:
(a)
Area and dimensional requirements:
[1]
Minimum lot area: 25 acres.
[2]
Maximum impervious surface: 25%.
[3]
Minimum lot width at building setback line: 300
feet.
[4]
Minimum setback:
[a]
Front: 125 feet. The front setback shall be measured
from the ultimate right-of-way line to the edge of the extraction
operation. No part of the front setback may be sloped or cut in any
fashion.
[b]
Side: 125 feet. The side and rear setbacks may
be sloped beginning at a point no closer than 50 feet from any boundary
line to a point 125 feet from said boundary line. The slope shall
not exceed a 1:1 slope and shall be reclaimed by seeding and planting
in accordance with a plan and timetable approved by the Board of Supervisors.
[c]
Rear: 125 feet. The side and rear setbacks may
be sloped beginning at a point no closer than 50 feet from any boundary
line to a point 125 feet from said boundary line. The slope shall
not exceed a 1:1 slope and shall be reclaimed by seeding and planting
in accordance with a plan and timetable approved by the Board of Supervisors.
[5]
Maximum building height: 40 feet. Building height
shall be applicable only to those buildings or structures having permanent
fixed foundation or location on the ground and shall not include machinery
or other temporary structures necessary to the operation of extraction
operations.
(b)
Application requirement for zoning permits for Use G11 Extraction
Operations. All applications for zoning permits or annual renewal
permits for quarries shall be made in writing by the owner, tenant,
or vendee under contract of sale on a form supplied by the Township
which shall be filed with the Zoning Officer. The applications shall
be accompanied by plans and other materials to show compliance with
the following provisions and regulations:
[1]
Except where a railroad is a district boundary
line, there shall be a berm of minimum height of 15 feet and maximum
height of 50 feet surrounding the entire property site. Berms will
be required along existing quarry faces to the extent which the Township
determines is feasible. The slope of the sides of the berm shall not
exceed a 3:1 ratio. Berms shall be planted and dusted and erosion
control measures shall be taken as may be approved by the Bucks County
Conservation District and the Pennsylvania Department of Environmental
Protection. Berms shall begin at a point no closer to a street than
the ultimate right-of-way line. No berms shall be constructed closer
than 15 feet to a district in which extraction operations are not
permitted. Planting of the berms and yard areas shall be sufficient
to screen the quarry extraction operations. Both planting and berm
construction shall be according to a plan approved by the Township
which shall include a reasonable timetable for completion. Such planting
shall consist of evergreens of such species and size as will produce,
within three years, a complete all season visual screen of at least
eight feet in height.
[2]
A chain-link-type fence at least eight feet in
height surmounted by three strands of barbed wire, shall be required
within the setback area at a point no closer than the ultimate right-of-way
line to be maintained in a constant state of good repair. Appropriate
warning signs shall be mounted or posted along the fence at intervals
of not more than 100 feet.
[3]
An adequate internal circulation pattern of driveways shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas. Access shall be regulated in accordance Chapter 365, Subdivision and Land Development. All necessary precautions must be taken to ensure the safety of motorists traveling on any public highway intersected by an internal circulation pattern. These precautions shall include but shall not be limited to the following items:
[a]
Stop signs shall be placed at the intersection
of all internal roadways with public highways halting all internal
traffic in any direction before the crossing of the public street.
[b]
Street signs as permitted by PennDOT on all public
streets intersected by internal roadways, at a point 150 feet from
the intersection of the public street and internal roadway, one on
either side of the intersection on the public street, indicating that
caution should be observed and that trucks will be crossing 150 feet
from the sign.
[c]
Caution lights as permitted by PennDOT are to be
provided, having at least two blinking lights sufficient to attract
the attention of a passing motorist, attached to a sign advising that
caution should be observed due to a truck crossing ahead, and the
signs shall be at a distance of 300 feet from the intersection of
the public highway and internal roadway or less if necessary, so that
one sign faces each direction of travel upon the public highway.
[4]
No slope shall be maintained exceeding the normal
limiting angle of slippage of the material in which the excavation
or extraction is being made. No under cutting shall be permitted with
the setback area.
[5]
All operations shall be conducted with sufficient
lateral support to be safe with respect to: hazard to persons; physical
damage to adjacent lands or improvements; or damage to any street,
sidewalk, parking area or utility by reason of slide, sinking or collapse.
[6]
Stockpiles shall not exceed 75 feet in height from
the original ground surface and shall not be located within the setback
provided for in this chapter. No materials or waste deposited upon
any stockpile may be washed, blown or otherwise transferred off the
site by normal causes or forces. Berms, buffers, and screening shall
be provided to prevent this.
[7]
All drainage from the site of extraction operations shall be controlled by dikes, barriers or drainage structures, such as retention basins, or settling ponds, sufficient to prevent any chemicals, compounds, mixtures, silt, debris or other loose materials from filling any existing drainage course or encroaching on streets or adjacent property or entering into any stream, pond, well, subterranean stream or other body of water. Applications shall meet the requirements of Chapter 352, Stormwater Management, of the Code of the Township of West Rockhill and the erosion and sedimentation control requirements of the Chapter 365, Subdivision and Land Development.
[8]
No ground vibration caused by blasting or use of
equipment or machinery shall exceed the limits established by the
Act of July 10, 1957, P.L. 685, as amended, 73 P.S. §§ 164
through 168, and the rules and regulations adopted thereunder, with
the exception that no blasting shall cause a peak particle velocity
greater than 1.0 inch per second, measured at the property line.
[9]
All off-street parking spaces shall be provided
as the Township shall determine is adequate to serve customers, employees,
visitors and vehicles normally parked on the premises. No parking
shall be permitted in the front, side or rear yards except parking
shall be permitted behind any berm.
[10]
All trucks carrying stone which travel on public
roads shall be covered so as to prevent stones from falling onto and
damaging public roads.
[11]
Any such application for a zoning permit or an
annual renewal permit as hereinafter provided shall be accompanied
by plans and other information to satisfy the criteria set forth above
and in addition shall depict:
[a]
Plan of general area within a one-mile radius of
the site at a scale of 500 feet or less to the inch with a twenty-foot
or less contour interval to show:
[b]
Plan of proposed site at the scale of 100 feet
or less to the inch with a ten-foot or less contour interval to show:
[i]
Soils and geology - groundwater data and watercourses.
[ii]
Vegetation - existing and areas of vegetation
to be removed, with species and vegetation types shown.
[iii]
Wind data - directions and percentage of time.
[iv]
Proposed usage of facility.
[v]
Final grading by contours.
[vi]
Interior road pattern, its relation to operation
yard and points of ingress and egress to state and Township roads.
[vii]
Location and estimated amount and description
of aggregate and overburden to be removed.
[viii]
Location of stockpiles and present and proposed
height.
[ix]
Ultimate use and ownership of site after completion
of operation.
[x]
Source and amount of water if plan shows use of
water.
[xi]
Plan of operation showing:
[A]
Proposed buffer yard locations.
[B]
Soil embankments for noise, dust and visual barriers
and height of spoil mounds.
[C]
Method of disposition of excess water during operation.
[D]
Location and typical schedule of blasting.
[E]
Machinery to be used - type and noise levels.
[F]
Safety measures - monitoring of complaints.
[c]
Any application for an initial permit or for an
annual renewal permit as hereinafter provided shall be initially referred
to the Planning Commission for review and to the Township Engineer
for review prior to final action by the Board of Supervisors. The
Board of Supervisors in acting upon any original permit application,
or annual renewal permit application shall take into account the following:
[d]
No permit for any extraction operation shall be
issued until the applicant has first demonstrated to the Township
that it has obtained all other permits and approvals required from
any other regulatory agencies to conduct the extraction operations.
(c)
Annual renewal permit.
[1]
Each operator/owner of extraction operations within
the Extraction District shall be required to apply for and obtain
an annual renewal permit during each year of its operation.
[2]
The renewal permit application must be received
by the Township along with the appropriate fee not less than 90 days
prior to the expiration of the then current permit.
[3]
The application shall include updated plans and
other materials showing the information required for the issuance
of an original permit.
[4]
The annual renewal permit shall be issued upon
the Township being satisfied that the applicant has satisfied all
of the obligations required of the owner/operator for an original
issue permit.
(d)
Fees. Applicants for zoning permits and annual renewal permits
for extraction operations shall pay a fee which shall be in accordance
with the Fee Schedule as may be from time to time adopted and amended
by the Township.
(e)
Rehabilitation and conservation requirements. The following
provisions shall apply to all extraction operations.
[1]
The owner, operator, lessee of any extraction operation
shall, at the time of application for a zoning permit, submit to the
Township its reclamation plan as submitted to the Pennsylvania Department
of Environmental Protection. No permit shall be issued where said
reclamation plan provides for extraction in areas of the site not
permitted by this chapter. No permit shall be issued without a reclamation
plan prepared in accordance with the rules and regulations of the
Pennsylvania Department of Environmental Protection.
[2]
Along with said plan, the applicant shall include
a timetable for the reclamation proposed for the site in general with
an actual timetable for reclamation of slopes as may be found reasonable
by the Township within the setback areas.
[3]
Owner, lessee or operator of any extraction operation
within the Township shall, at the time of application for a zoning
permit, submit a plan which shall include descriptions and plans for
suitable after-conditions or after-uses for all the land affected.
[5]
Rehabilitation shall commence within one year following
the completion or the discontinuance for a period of one year of any
extraction operation (or the completion of the excavation of a portion
of an entire operation which can feasibly be restored separately from
other portions of the operation and which is not necessary to the
operation), unless a shorter time period is required by the Noncoal
Surface Mining Act[11] or other applicable state law. Such rehabilitation shall
be completed within five years from the date rehabilitation commenced
except where a longer period of time is specifically authorized as
part of the rehabilitation program. Normal benching operations for
sloping purposes shall not be construed as requiring the commencement
of rehabilitation.
[11]
Editor's Note: 52 P.S. § 3301 et seq.
[6]
Rehabilitation shall include removal of all debris,
temporary structures, vehicles, vehicle parts and stockpiles.
[7]
A layer of arable soil of sufficient depth to sustain
grass, shrubs and trees shall be provided in those parts of the operation
where the Township determines it is feasible to do so. Grass, shrubs
and trees native to the area shall be planted thereon within six months
after the providing of arable soil.
[8]
Where the extraction operations are to be filled
as part of the rehabilitation process, no material shall be used for
fill purposes other than earth, stone, sand or concrete.
[9]
Water accumulation upon the site may be retained
after the completion of such operations where the excavation cannot
be reasonable drained by gravity flow, provided that adequate provision
shall be made to avoid stagnation, pollution and the danger of improperly
controlled release of such waters from the site.
[10]
Upon receipt of the rehabilitation plans, the
Township shall review the plans to ensure compliance with all provisions
of this performance standard. Upon approval thereof, the Township
shall issue a certificate indicating approval of the plans as submitted
or amended, and the approved plans shall be permanently filed in the
official records of the Township.
[11]
Plans may be amended from time to time by approval
of the Township upon application of the owners.
[12]
A performance bond may be required by the Township
in an amount determined by the Township to be sufficient to insure
the rehabilitation of the affected site in accordance and compliance
with the standards for the issuance of any original permit or annual
renewal permit in accordance with the provisions of the plan of rehabilitation
as submitted pursuant to this chapter, if the bond posted with the
Commonwealth of Pennsylvania Department of Environmental Protection
or other agency is not kept in force or if the Township is not named
therein. The Township may require that the bond posted with any state
agency may not be withdrawn or reclaimed without Township approval.
With the approval of the Township, and for such period or periods
as may be specified, an owner may be permitted to post his own bond
without corporate surety.
(f)
Inspection. To ensure that the provisions of the above sections
of this chapter are strictly satisfied, the Township shall have the
right to inspect any extraction operation within its boundaries. Such
inspection or inspections, as the Township may deem necessary, may
be conducted on any working day of the year, during regular business
hours.
(g)
No extraction operation or activity, which involves the use
of blasting, crushing, material handling, equipment, and vehicles
other than those customarily employed in office-type functions, shall
be carried on before the hour of 6:00 a.m. or after the hour of 7:00
p.m. (either on the eastern standard or daylight saving time system).
There shall be no extraction operation or activity of any type on
Sundays.
(h)
All permitted extraction operations and related uses and operations
shall conform to any applicable federal, state and local statutes,
ordinances, regulations and standards relative to water or air pollution,
particle emission, noise, waste disposal, vibration, land rehabilitation
and reclamation, and performance bond requirements. The applicable
laws shall include, but not be limited to, the Clean Streams Act and
the Surface Mining Conservation and Reclamation Act, as amended.[12]
[12]
Editor's Note: See 35 P.S. § 691.1 et seq. and 52
P.S. § 1396.1 et seq., respectively.
(12)
G12 Equipment Sales and Storage. A facility for the sale, rental,
or storage of construction or other heavy equipment. Storage areas
shall be fully enclosed by fencing and landscaping.
(a)
Minimum parking requirement: 1.5 spaces per employee.
(13)
G13 Asphalt Plant and Ready Mix Concrete Plant. An asphalt plant
is an operation that has as its primary function the mixing of rock
materials with asphalt oils or other binders for road building and
construction purposes. A ready mix concrete plant is an operation
that has as its primary function the mixing of materials to make concrete.
(a)
An asphalt plant or ready mix concrete plant may not be established
until all standards and conditions of this chapter are met, special
exception approval has been granted by the Zoning Hearing Board and
a zoning permit has been issued by the Township. In determining whether
a zoning permit shall be issued for an asphalt plant or a ready mix
concrete plant, the application shall be referred to the Planning
Commission and Township Engineer for review. The Township shall then
issue a permit upon its finding that the regulations pertinent to
the use have been satisfied and its further finding that the use meets
the criteria set forth herein.
(b)
Any application for a use permit for an asphalt plant or ready
mix concrete plant shall be accompanied by the following plans and
materials:
[1]
Plot plan of the site at a scale of 100 feet to
the inch showing the location and dimensions of the plant in relation
to the site.
[2]
Any and all permits necessary from any state or
other governmental agencies which may now or in the future regulate
such operation.
[3]
Satisfactory proof that all state and other governmental
regulations and guidelines pertinent to the use have been satisfied.
[4]
A plan demonstrating or illustrating the methods
by which noise, dust and the spread of toxic or hazardous waste will
be controlled.
(c)
Regulation for asphalt plant and ready mix concrete plants.
[1]
Asphalt plant or ready mix concrete plant and associated
operations shall operate only between the hours of 6:00 a.m. to 7:00
p.m. (either on the eastern standard or daylight saving time system),
Monday through Saturday. There shall be no operation of the asphalt
plant or ready mix concrete plant of any type on Sundays.
[2]
Except at approved access locations, there shall be a berm of a minimum height of 15 feet surrounding the entire property. The side slopes of the berm shall not exceed a three (horizontal) to one (vertical) ratio. Buffer yards and plantings as may be required by § 450-1704 of this chapter shall be provided in addition to the above berm. Berms may be constructed within delineated buffer yards, but shall not begin at a point closer to a street than the ultimate right-of-way line.
[3]
Prior to commencement of asphalt plant and/or ready
mix concrete plant operations, all screening and berms (as may be
required above) shall be completed to screen the operation from view.
[4]
Minimum site area of five acres shall be required
for an asphalt or ready mix concrete plant, exclusive of the site
area required for any other principal use on the property as may be
permitted.
[5]
All structures and stockpiles must be set back
a minimum of 125 feet from property lines and street lines.
[6]
Maximum height of stockpiles shall be 40 feet.
(d)
Annual renewal permit.
[1]
Each operator/owner of an asphalt or ready mix
concrete plant shall be required to apply for and obtain an annual
renewal permit during each year of its operation.
[2]
The renewal permit application must be received
by the Township along with the appropriate fee not less than 90 days
prior to the expiration of the then current permit.
[3]
The application shall include updated plans and
other materials showing the information required for the issuance
of an original permit.
(e)
Fees. Applicants for zoning permits and annual renewal permits
for Use G13 operations shall pay a fee which shall be in accordance
with the Fee Schedule as may be from time to time adopted and amended
by the Township.
(f)
Rehabilitation and conservation requirements. The following
provisions shall apply to all asphalt and ready mix concrete plants.
[1]
The owner, operator, and/or lessee of any asphalt
and ready mix concrete plants shall, at the time of application for
a zoning permit, submit to the Township a rehabilitation plan which
includes removal of the facility and site restoration.
[2]
Rehabilitation shall commence within one year following
the completion or the discontinuance for a period of one year of the
operation of any asphalt or ready mix concrete plant. Such rehabilitation
shall be completed within six months from the date rehabilitation
commenced except where a longer period of time is specifically authorized
as part of the rehabilitation program.
[3]
Rehabilitation shall include removal of all debris,
temporary structures, vehicles, vehicle parts and stockpiles.
(g)
Any application for a zoning permit shall be initially referred
to the Planning Commission for review and to the Township Engineer
for review prior to final action by the Board of Supervisors. The
Board of Supervisors shall take into account the following:
(h)
Minimum parking requirement. One space per employee on the largest
shift.
(15)
G15 Flex Space. Buildings and building space designed for use
as either offices or light manufacturing, assembly or warehousing
facilities.
(b)
At least 80% of the floor area of the flex space use shall be
utilized for industrial uses.
(c)
No explosive, toxic, radioactive, corrosive, oxidizing or highly
flammable or combustible materials and chemicals shall be stored on
the premises.
(d)
All materials shall be stored within a building or enclosed
area located to the side or rear of the site.
(e)
All loading facilities shall be located to the rear of the site.
(f)
All parking areas shall be located to the side or rear of the
site.
(g)
Minimum parking requirement. One space for each employee on
the largest shift, or one space per 500 square feet of floor area,
whichever is greater, plus one space for each vehicle normally stored
on the premises.
(16)
G16 Industrial Park. An industrial park is a planned development
of industrial and related uses, which includes improvements for internal
streets, coordinated utilities, landscaping, buffering and stormwater
management.
(b)
Permitted uses:
[1]
C9, Day-Care Center.
[2]
C13, Municipal Building.
[3]
D1, Office.
[4]
E3, Financial Establishment.
[5]
E4, Eating Place.
[6]
E21, Private Indoor Sports Facility.
[7]
G1, Manufacturing.
[8]
G2, Research.
[9]
G3, Wholesale Business and Warehouse.
[10]
G4, Contractor Services.
[11]
G14, Crafts.
[12]
G15, Flex Space.
[13]
H3, Outside Storage or Display.
(c)
At least 70% of the floor area of the industrial park shall
be utilized for industrial uses.
(d)
All uses within the industrial park shall take access from an
interior roadway. Access to the park shall be from an arterial or
collector highway.
(e)
Interior roadways shall have street trees meeting the requirements of Chapter 365, Subdivision and Land Development.
(f)
All loading facilities and outside storage areas shall be located
to the rear or side of buildings.
(g)
Accessory outside storage of materials or goods must be buffered
either by a six-foot-high evergreen planted screen or six-foot-high
solid board fence or masonry wall.
(h)
Minimum parking requirement. One space for each employee on
the largest shift, or one space per 500 square feet of floor area
whichever is greater, plus one space for each company vehicle normally
stored on the premises.
(17)
G17 Recovery of Subsurface Gas and Oil Deposits.
(a)
Activities limited to the recovery and removal of subsurface
gas and oil deposits through direct on-site drilling as defined and
set forth in the Pennsylvania Oil and Gas Act (58 P.S. § 601.101
et seq.).[13] This use does not include the recovery and removal of
any other subsurface minerals such as coal, gravel, sand, clay, topsoil,
stone or any other mineral other than oil and gas, such use being
covered by Use G11 Quarry Extraction Operations.
[1]
Minimum lot area: 12 acres.
[2]
All drilling and production operations including
derricks, retaining pits, vacuum pumps, storage tanks, vehicle parking,
structures, machinery and ancillary equipment shall be located at
least 600 feet from any building containing a residential dwelling;
or from any structure used for public assembly, including schools
and churches; or from any nonresidential structure, where the owners
of such structures are not a party to the oil and gas instrument.
[3]
All aspects of the recovery of subsurface gas and
oil deposits, including without limitation all drilling, production
operations, buildings, pipelines, etc., shall be located at least
100 feet from the ultimate public right-of-way of any public or private
street, and 100 feet from any property line. Pipelines shall be permitted
to traverse the required setback only where absolutely necessary to
transport extracted product off-site.
[4]
Offensive or noxious odors, noises, fluids, gases,
dust or glare shall be confined to the subject parcel or leasehold
premises and shall not impact any occupied structure or dwellings.
[5]
Junk, refuse, trash or abandoned material shall
not be disposed of on-site. All refuse stored on site for final off-site
disposal shall be indoors, in a dumpster or other permitted enclosure.
[6]
Any hazardous or toxic material shall be securely
contained, stored and removed in accordance with applicable state
or federal regulations. On-site disposal is prohibited.
[7]
All operations shall be in accordance with all
applicable federal laws and regulations; the Pennsylvania Oil and
Gas Act (58 P.S. § 601.101 et seq.), as amended;[14] and pursuant to all rules, regulations and procedures
adopted thereto.
[14]
Editor's Note: The Pennsylvania Oil and Gas Act (58 P.S. § 601.101
et seq.) was repealed by Act 13 of 2012; see now 58 Pa.C.S.A. § 3201
et seq.
[8]
The owner(s) and operator(s) shall be responsible
for prevention and prompt removal of spills involving waste materials,
oil and toxic or hazardous materials.
[9]
A copy of a valid insurance policy, issued by a
corporate insurer licensed in the Commonwealth of Pennsylvania, shall
be provided to West Rockhill Township. Such insurance shall be of
sufficient amount to:
[a]
Provide for payment for all damages or injury to
persons or property resulting from the drilling, operation or maintenance
of the proposed well and other structures, machinery, appurtenances
used in conjunction with it;
[b]
Provide for payment to control and/or eliminate
any hazardous or dangerous event or condition, including a blowout;
and provide for payment for injury or damages to persons, equipment
or agencies responding to same event or condition; and
[c]
Contain no exclusion from coverage of contamination
or pollution of surface or subterranean streams, watercourses, lakes,
wetlands or public or private water supplies.
[10]
The drilling site, production site, access roads/driveways
and all structures shall be located, designed and constructed to minimize
the removal of trees and shrubs, protect all natural resources, and
minimize the amount of surface disturbance. The natural resources
protection and setback provisions of this chapter shall be met.
[11]
Excavation, structures, and/or equipment in sensitive
areas such as ridges, hilltops, scenic or other areas of special visual
quality shall be avoided.
[12]
The location and design of structures and site
improvements shall be integrated with the natural color, form and
texture of the surrounding area.
[14]
Glare from site lighting or gas flaring shall
not impact on nearby residences, excepting those whose owners are
a party to the oil/gas instrument.
[15]
Operators shall conform to all current West Rockhill
Township, Pennsylvania and Federal regulations and standards concerning
air quality, water quality, and noise.
[16]
No habitat disturbance is to occur where threatened
or endangered species or critical habitats exist, as defined by the
Pennsylvania Department of Conservation and Natural Resources. A Pennsylvania
Natural Heritage Program study shall be completed and provided to
West Rockhill Township.
[17]
All activity in an archaeologic or historic resource
area, as identified in this chapter, West Rockhill Township Comprehensive
Plan, Bucks County Comprehensive Plan, or by the Pennsylvania Department
of Conservation and Natural Resources (DCNR) or by the Pennsylvania
Historical and Museum Commission (PHMC), shall provide for the preservation
of the resource or provide for the completion of necessary study and
work as specified by the DCNR and/or PHMC before any aspect of use
begins. Should a resource be uncovered during operations, those operations
shall be suspended pending recommendation of DCNR and/or PHMC, as
applicable.
[18]
For areas of potential wildfire hazard, fireline
intensities shall be abated to less than 100 BTU/foot/second through
fuelbreaks or other equally effective means around structures or areas
of activity. Required practices for grass/shrub lands include the
following:
[19]
Drilling or production operations shall not cause
the acceleration of geologic processes such as erosion, sedimentation
or gravitational movement of earth and/or rock material to the point
that such processes become a hazard or nuisance to life or property.
[20]
Activities or structures proposed within a floodplain
shall independently meet the floodplain requirements of this chapter;
and shall be carried out in a manner that does not increase flood
hazards upstream or downstream, nor reduces the efficiency with which
floodwaters are carried through the site.
[21]
Use of streets serving exclusively residential
neighborhoods is prohibited.
[22]
All-weather access roads, suitable to handle emergency
equipment, shall be provided to within 50 feet of any structure, improvement
or activity area.
[23]
Reclamation shall be carried out on all disturbed
areas and achieve the following objectives:
[24]
Final landforms shall be stable.
[25]
Disturbance of soil cover shall be minimized.
[26]
An abandoned site shall be securely and safely
maintained until reclamation has been completed and revegetation permanently
established.
[27]
Reclamation shall be initiated as soon as weather
and growing conditions permit after the abandonment of the well or
installation of production equipment and shall be completed no more
than one year later.
[28]
All watercourses and wetlands shall be preserved
in a natural undisturbed state. The gas and oil well casing and tank
structures normally used in drilling and recovery operations shall
be a minimum of 100 feet from the edge of any watercourse or wetland.
A wetland report, certified by a soil scientist or wetland specialist,
shall be provided.
[29]
Roads or other improvements obstructing drainage
shall provide for culverts sized for storm flows as determined by
the Township Engineer.
[30]
Any application for a zoning permit or land development
shall be accompanied by plans and other information to satisfy the
criteria set forth above and in addition shall depict:
[a]
Name and address of the assessed owner of the surface
rights, owner of the oil and gas rights, the oil and gas lessee, if
any, and of the driller.
[b]
Plan of the general area within a one mile radius
of the site at a scale of 500 feet or less to the inch with a twenty-foot
or less contour interval to show:
[c]
Plan of proposed site at the scale of 100 feet
or less to the inch with a 10 foot or less contour interval to show:
[i]
Soils and geology - groundwater data, watercourses
and wetlands.
[ii]
Vegetation - existing and areas of vegetation
to be removed, with species and vegetation types shown.
[iii]
Wind data - directions and percentage of time.
[iv]
Proposed route of ingress, egress and regress
to the proposed operations site.
[v]
Proposed location of all drilling and production
facilities on the site including but not limited to derricks, retaining
pits, dikes, vacuum pumps, storage tanks, pipelines, compressors,
separators, storage sheds vehicle parking, structures, machinery and
ancillary equipment, access roads.
[vi]
Type of derrick, if any, to be used, including
the height.
[vii]
Copies of all permits and applications for permit
obtained pursuant to the Oil and Gas Conservation Law of the Commonwealth
of Pennsylvania, 58 P.S. § 401 et seq., and/or the Oil and
Gas Act of the Commonwealth of Pennsylvania, 58 P.S. § 601.101
et seq.,[15] if applicable.
[15]
Editor's Note: The Pennsylvania Oil and Gas Act (58 P.S. § 601.101
et seq.) was repealed by Act 13 of 2012; see now 58 Pa.C.S.A. § 3201
et seq.
[31]
Any application for a zoning permit shall be initially
referred to the Planning Commission for review and to the Township
Engineer for review prior to final action by the Board of Supervisors.
When considering the application for a zoning permit or land development
approval, the Board of Supervisors shall take into account the following:
[32]
No permit for any recovery of subsurface gas and
oil deposits shall be issued until the applicant has first demonstrated
to the Township that it has obtained all other permits and approvals
required from any other regulatory agencies to conduct the recovery
of subsurface gas and oil deposits.
[33]
Minimum parking requirement. All off-street parking
spaces shall be provided as the Township Board of Supervisors and
Planning Commission shall determine is adequate to serve customers,
employees, visitors and vehicles normally parked on the premises.
[13]
Editor's Note: The Pennsylvania Oil and Gas Act (58 P.S. § 601.101
et seq.) was repealed by Act 13 of 2012; see now 58 Pa.C.S.A. § 3201
et seq.
H.
Accessory uses.
(1)
H1 Home Occupation.
(a)
The home occupation shall be accessory to a residence and carried
on wholly indoors and within a dwelling or other accessory structure
and shall be clearly incidental and subordinate to its use for residential
purposes by its occupants.
(b)
The use shall not include the following: contractor services,
animal hospital, commercial stable and kennel, funeral parlor and
undertaking establishment, restaurant, rooming, boarding and lodging
house, clinic or hospital.
(c)
No more than one home occupation is allowed per property.
(d)
There shall be no exterior storage of materials or refuse resulting
from the operation of the home occupation.
(e)
In no way shall the appearance of the residential structure
be altered or the occupation within the residence be conducted in
a manner which would cause the premises to differ from the residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible outside the premises to attract
customers or clients, other than those signs permitted in this chapter.
(f)
One sign is permitted per home occupation provided that it is
no larger than two square feet per side bearing only the name, occupation,
and offices hours of the practitioner. In addition, it shall not be
illuminated or placed in a window.
(g)
No articles shall be sold or offered for sale except such as
may be produced on the premises or routinely used as part of the services
provided by the home occupation.
(h)
The home occupation shall be carried on only by owner-inhabitants
of the dwelling and not more than two additional employees.
(i)
The floor area devoted exclusively to home occupations whether
within the principle structure or an accessory structure shall not
be more than 25% of the ground floor area of the principal residential
structure, or 800 square feet, whichever is less.
(j)
No equipment or process shall be used in such employment or
occupation which creates discernible noise, vibration, glare, fumes,
odors or electrical interference at the property line and no equipment
or process shall be used which creates visual or audible interference
in any radio or television receiver off the lot or causes fluctuations
in fine voltage off the lot.
(k)
All commercial vehicles shall be parked on-lot. Off-street parking
spaces are not permitted in the front yards. A ten-foot driveway providing
access to parking areas in the side or rear of the property may be
located in the front yard. All off-street parking areas must be located
at least 10 feet from any property line. Off-street parking lots with
three or more spaces shall be buffered from abutting residences. The
buffer shall include either an evergreen hedge on three foot centers
or a six-foot cedar or spruce fence placed around the perimeter of
the parking area. Only one business vehicle may be parked on the property.
(l)
Minimum parking requirement. One space per employee in addition
to residential parking requirement.
(2)
H2 Residential Accessory Structure. (See §§ 450-1909 and 450-1910 for additional regulations on decks, patios, and fences.) A residential accessory structure or use including but not limited to:
(a)
Parking spaces for passenger automobiles and parking of commercial vehicles as may be permitted by § 450-1914 of this chapter.
(b)
Structures such as fences and walls with a maximum height of
seven feet.
(c)
Accessory structures or uses shall not be permitted within required
front yards except on lots of 10 acres or more where an accessory
structure may be located on any side of the dwelling, provided that
the accessory structure is set back from all property lines the distance
required by the front, side and rear yard requirements for the district
and use. A completely detached accessory building may occupy a required
rear or side yard but shall not be located closer than 12 feet from
any rear or side property line, and structures with a building area
of more than 120 square feet shall meet the building setback requirements
for principal structures. All accessory structures shall be located
behind the principal building setback line closest to the street on
which it fronts. In the case of corner lots where two front yards
are required, all accessory structures shall be located behind the
principal building for both required front yards. No accessory structures
shall be located closer to either street than the principal building.
The following residential accessory structures shall be permitted
in conjunction with single family detached dwellings only:
(3)
H3 Outside Storage or Display. Outside storage or display, other
than storage as a primary use of the land, necessary but incidental
to the normal operation of a principal nonresidential use, subject
to the following additional provisions. Agricultural uses are exempt
from these requirements.
(a)
No part of the street right-of-way, ultimate street right-of-way,
no sidewalks or other areas intended or designed for pedestrian use,
no required parking areas and no part of the required front yard shall
be occupied by outside storage or display.
(b)
Outside storage areas shall occupy an area of less than 1/2
of the existing building coverage.
(c)
Uses requiring more substantial amounts of land area for storage or display, such as any Nursery (Use A2), Automotive Sales (Use E10), Truck Terminal (Use G7) and Building Material Sales (Use G6) may be exempt from the provisions of Subsection H(3)(b) above. For these and other similar uses, no more than 25% of the lot area shall be used for outside storage. The uses that shall not be considered appropriate for inclusion under this provision are: retail trade and retail service (Use E1), large retail store (Use E2), repair shop (Use E6), motor vehicle fuel station (Use E8), automotive repair shop and retail sales (Use E11), and car wash (Use E12).
(d)
The storage of tractor trailers, panel trucks, vans and similar
vehicles which supply or service establishments in commercial or industrial
districts shall be permitted, provided that such vehicles shall be
used by the establishment in the normal conduct of their business.
(e)
Areas that do not display products for sale shall be shielded
from view from all public streets and must be located completely within
the required building setback lines and not within any required yard
or buffer areas.
(4)
H4 Temporary Structure and Vehicle. Temporary structure, vehicle,
building, or use. A temporary permit may be issued for structures
or uses including tractor trailers or similar vehicles used for storage,
display, or entertainment purposes necessary during construction or
other special circumstances, subject to the following additional provisions:
(a)
The time period of the initial permit shall be six months. After
the expiration of the initial permit additional permits with three-month
time periods may be granted for an aggregate period of not more than
18 months from the date of issuance of the initial permit.
(b)
Temporary nonconforming structures or uses shall be subject
to authorization by the Zoning Officer.
(c)
Such structure, vehicle, building or use shall be removed completely
within 30 days of the expiration of the permit without cost to the
municipality.
(d)
No retail sales shall be permitted from a temporary structure
or vehicle, except that a real estate sales office shall be permitted
in association with a residential development under construction.
(e)
Minimum parking requirement. Shall be based on proposed use
of temporary structure.
(5)
H5 Swimming Pool. Any structure of solid materials so designed,
either below or above the surface of the ground, as to hold water
and to be used for the purpose of bathing or swimming in which the
depth of the water stored therein above or below ground level exceeds
two feet in depth, for the use of the residents of the principal use
and their guests or other artificial body of water capable of being
filled to a depth exceeding two feet. Swimming pools shall include
any pool, regardless of design or construction materials or the permanency
of its location both above and below ground level, which is built,
erected or used for the purpose of bathing or swimming and any buildings,
equipment and appurtenances. This use shall also apply to public swimming
pools used and maintained by an individual, firm, corporation, club
or association of persons for use by the public or members and their
invitees or guests.
(a)
A swimming pool shall be permitted as an accessory to a single-family
detached residential use.
(b)
Public swimming pools shall not be accessory to a residential
use.
(c)
Ornamental pools and wading pools which do not exceed 24 inches
in depth are exempt from these provisions.
(d)
Each pool area and the paving or coping surrounding it or associated
with it shall be located not less than 15 feet back from the front
building setback line and not closer than 15 feet to property lines.
(e)
Any pool or water area shall be suitably designed, located and
maintained so as not to become a nuisance or hazard either to adjoining
property owners or the public generally. All detachable ladders shall
be removed when the pool is not in use.
(f)
The construction and design of all pools shall be such that
the same can be maintained and operated as to be clean and sanitary
at all times. The owners of every such pool shall be responsible to
maintain said pool in such condition as to prevent breaks in the pool
chassis or water from the pool overflowing into adjacent public or
private property. Swimming pools shall be constructed, equipped and
maintained in strict conformity with the provisions of the swimming
pool and public health codes issued by the Commonwealth of Pennsylvania
and the Bucks County Health Department.
(g)
Outdoor lighting, if used, shall be installed in such a way
as to be shielded and not to reflect toward or into adjacent residential
properties.
(h)
All electrical work connected with the pool and all equipment
incidental thereto shall comply with all Underwriter's Laboratory
regulations and must be inspected and certified by an electrical underwriter's
inspection agency prior to the issuance of a permit. In no event may
said pool be used prior to such approval.
(i)
A minimum isolation distance of 25 feet shall be required between
a swimming pool and any sewage disposal system.
(j)
All pool installations shall conform to all applicable building
codes. Underwater lighting shall be in compliance with the applicable
National Electric Code.
(k)
It shall be a violation of this chapter to cause or allow drainage
onto adjoining land.
(l)
No pool shall be located under any electric power lines (including
service lines) and the pool must be located at least 25 feet (measured
horizontally) from such power lines.
(m)
Swimming pools above or below grade must be completely enclosed
with a four-foot-high barrier made of chain-link, stockade, picket,
solid wooden fence, building wall or such other material as may be
acceptable, at the discretion of the Zoning Officer, to carry out
the intent of this chapter. The barrier shall be measured on the side
of the barrier which faces away from the swimming pool. Openings between
the elements of the fence, such as pickets, lattices or chain-link
material, shall not exceed two inches. Where the top of the pool structure
is above grade, such as an aboveground pool, the fence/barrier may
be at ground level or mounted on top of the pool structure. All access
gates shall be equipped to accommodate a locking device. Pedestrian
access gates shall be self-closing and have a self-latching device.
All gates or doors opening through such enclosure shall be kept securely
closed and locked at all times when the pool is not in actual use.
No water shall be placed in the pool until an approved fence, as required
by this chapter, has been completed.
(6)
H6 Recreational Vehicle. A vehicle or piece of equipment, whether
self-powered or designed to be pulled or carried, intended primarily
for leisure time or recreational use. Recreation vehicles or units
include, but are not limited to, the following: travel trailers, truck-mounted
campers, motor homes, folding tent campers, autos, buses or trucks
adapted for vacation use, snowmobiles, minibikes, all-terrain vehicles,
go-carts, boats, boat trailers, and utility trailers.
(a)
Recreational vehicles or units shall be stored on the premises
by the occupants of the premises only. On lots of one acre or more,
one additional nonresident recreational vehicle may be permitted.
(b)
Recreational vehicles or units shall be stored on lot and comply
with one of the following conditions:
[1]
Located to the side or rear of the principal building.
[2]
Located in a garage.
[3]
Located in an open-sided roofed structure.
[4]
Located in on a driveway in front of a garage or
residence, provided that no portion of the recreational vehicle shall
be parked or stored within the legal right-of-way of the road.
(c)
No such equipment shall be used for living, sleeping or housekeeping
purposes when parked or stored on a residential lot which is not approved
for such use for longer than 30 days.
(7)
H7 Spa/Hot Tub.
(a)
Such pools are permitted as accessory uses to residential structures.
(b)
The spa/hot tub shall be fully enclosed by a barrier not less
than four feet in height, measured on the side of the barrier which
faces away from the spa.
(c)
The pool shall be required to have a cover capable of being
locked, for the purposes of safety and to cover the water surfaces
during the off-season or such other periods of nonuse. The pool cover
shall be required to be locked when not in use.
(8)
H8 Accessory Apartments for Family Member. One apartment accessory
to a single-family detached dwelling shall be permitted, provided
the following conditions are met. The intent of these provisions is
to allow for related family members to reside on the premises but
to prohibit the creation of for-profit apartments in districts where
multifamily housing is not otherwise permitted.
(a)
The accessory apartment may contain separate cooking, sleeping,
living and bathroom facilities.
(b)
The accessory apartment shall be part of the principal residence
or may be contained in an existing accessory structure such as a garage.
No new separate structures on the same lot with the principal residence
shall be permitted to be constructed for this use. The accessory apartment
shall not be located in basement areas (area having 1/2 or more of
its floor-to ceiling height below the average level of the adjoining
ground) except where at least one wall of the accessory apartment
is at grade level with direct access to the outside from the accessory
apartment.
(c)
The accessory apartment shall be occupied only by related family
members.
(d)
There shall be no changes to the exterior of the residence which
suggest that the dwelling unit is other than a single family detached
dwelling or which otherwise detract from the single family character
of the neighborhood.
(e)
No more than one accessory apartment shall be permitted per
single family detached dwelling.
(f)
Each accessory apartment shall be registered with the Township
Zoning Officer who shall keep a record of its use to insure that the
intent of this chapter is being met.
(g)
A restriction shall be placed in the deed for the property noting
that the accessory apartment may only be used in a manner which complies
with this chapter and not as a rental apartment unit.
(h)
The applicant shall provide evidence from the Bucks County Health
Department that the septic system or other sewage disposal system
will be adequate to safely treat and dispose of additional wastewater
generated by the residents of the accessory apartment.
(i)
Minimum parking requirement. One space in addition to that required
for the primary dwelling.
(9)
H9 Garage or Yard Sale. The temporary display and sale of goods
and craft items on a residentially used property.
(a)
Such uses shall be limited to no more than two days in duration.
No more than four such sales may be held per property in a calendar
year. There shall be at least 30 days between sales.
(10)
H10 Temporary Outdoor Eating. Outdoor eating and food service
is permitted as a use accessory to a restaurant use subject to the
following requirements:
(a)
The outdoor eating area shall be open to the sky with the exception
that it may have a retractable awning or umbrella and may contain
furniture including tables, chairs, and planters that are readily
moveable.
(b)
Location of outdoor eating areas:
[1]
No outdoor eating or food service shall be permitted
within the right-of-way of any street or within the sidewalk area.
[2]
All outdoor eating areas shall be located a minimum
of 25 feet from a side or rear property line where the restaurant
abuts or is adjacent to either a residential zoning district or a
lot used as a residence, even if said lot is not located within a
residential district. This provision does not apply when this accessory
use abuts Use E27 Dwelling in Combination with a Business.
(c)
All outdoor eating areas shall be enclosed by a fence or wall
with a minimum height of four feet.
(d)
No outdoor service shall be provided before 10:00 a.m. or after
11:00 p.m. (either on the eastern standard or daylight saving time
system).
(e)
Outdoor tables, chairs, furniture and decorative items shall
be of uniform design and shall be removed from the outdoor eating
area from November 1 through March 31.
(f)
No amplified music or sound is permitted. All activities, including
live entertainment, shall comply with the noise regulations of this
chapter.
(g)
Outdoor lighting shall not shine onto adjoining properties.
Light standards shall not exceed a height of 10 feet and light fixtures
shall be focused downward with a shield, thereby preventing light
from shining on adjacent properties.
(h)
The carrying of any open container of alcoholic beverages is
prohibited outside the delineated area of the outdoor eating area.
(i)
No outdoor eating area shall interfere with safe pedestrian
and vehicular traffic on or in the vicinity of the restaurant or lot.
(j)
Outdoor food preparation is prohibited and there shall be no
outdoor bar for beverage service.
(k)
All trash shall be removed from the outdoor eating area and
from the area surrounding the outdoor eating area on at least a daily
basis.
(l)
The outdoor eating area may not occupy areas that are required
by the establishment to meet the parking requirements of this chapter.
(m)
Minimum parking requirement. One parking space for every two
seats provided in outdoor eating areas in addition to the parking
required to serve the indoor areas.
(11)
H11 Accessory Drive-Through Facility. An accessory use defined
as any facility through which a service is provided, or goods, food
or beverage are sold to the operator of, or passengers in, a motor
vehicle without the necessity of the operator or passengers disembarking
from the vehicle.
(a)
BYPASS LANE/ESCAPE LANE
DRIVE-THROUGH CANOPY
DRIVE-THROUGH LANE
The following definitions shall apply:
Vehicular lane allowing traffic to pass the drive-through
lane or allowing vehicles, because of emergencies or mistakenly entering
the drive-through lane, to exit the drive-through lane.
Overhead structures intended to protect patrons from the
weather while stationed at the drive-through service area/facility.
Vehicular lane allowing the stationing and stacking of vehicles
while ordering and waiting for goods and services.
(b)
A drive-through facility shall require conditional use approval.
(c)
A traffic impact study shall be completed that meets the general requirements and standards set forth in Article IV, Plan Requirements, of Chapter 365, Subdivision and Land Development (as amended), of the Code of the Township of West Rockhill to provide information to determine the necessary stacking area and the impact the proposal will have upon local traffic circulation. In addition to those requirements of Article IV, Plan Requirements, of Chapter 365, Subdivision and Land Development, of the Code of the Township of West Rockhill, the traffic impact study shall address the following issues:
[1]
Nature of the product or service being offered;
[2]
Method by which product or service is being offered
(e.g., window service, pneumatic tube, or brought to vehicle by employee);
[3]
Arrival rate for patrons;
[4]
Peak demand hours;
[5]
Anticipated vehicular stacking required;
[6]
Anticipated traffic generation; and
[7]
Diagram of traffic flow, stacking and pedestrian
crossings.
(d)
A drive-through facility is subject to the following standards:
[1]
The drive-through facility shall be designed so
there will be no pedestrian/vehicular conflicts. This may require
the drive-through lane to be located at the external edge of the proposed
building.
[2]
Hours of operation shall be set as a condition
of the conditional use approval and shall be set to minimize the impacts
of drive-through facilities located near residential uses.
[3]
Drive-through facilities are not permitted on sites
abutting schools, parks, playgrounds, libraries, churches and other
uses that have substantial pedestrian traffic.
[4]
Minimum lot frontage on at least one street shall
be 150 feet for all principal uses with accessory drive-through facilities
to ensure adequate room for access drives.
[5]
Drive-through facilities shall abut only arterial
streets and major collectors, as defined in the Township ordinances,
and access shall not be taken from local or minor collector streets.
[6]
The driveway entrance and exit lane of a drive-through
facility must be setback at least 100 feet from any intersection.
[7]
A bypass lane/escape lane shall be provided.
[8]
The design of a drive-through lane and bypass lane/escape
lane shall minimize the blocking, crossing or passing through of off-street
parking areas and minimize crossing of or the need to be crossed by
pedestrian access ways for patrons.
[9]
The drive-through lane shall not be the sole ingress
and egress to the site.
[10]
Signage shall clearly mark drive-through lanes
indicating the entrance and exit for the drive-through lane. The direction
of traffic flow for the drive-through lane and bypass lane/escape
lane shall be marked clearly.
[11]
Drive-through lanes are to be separated from the
bypass lane/escape lane and parking aisles by painted lines.
[12]
Lane separation. An on-site circulation pattern
is to be provided for drive-through facility traffic that separates
such traffic from pedestrians.
[13]
A stacking area is to be provided for vehicles
waiting for service in the drive-through lane that is separated from
other traffic circulation on the site. Stacking shall not be provided
in parking aisles or in driveways provided for on-site circulation.
Stacking distance for each lane shall be at least 120 feet in length.
[14]
The total height for any overhead drive-through
canopy shall not exceed 15 feet.
(12)
H12 Wind Energy Conversion System (WECS). A wind energy conversion
system is a device which converts wind energy to mechanical or electrical
energy, and is subject to the following:
(a)
Siting.
[2]
In the case of those developments with required
open space areas, a WECS shall be erected within the common open space
area and shall be set back from all residences a distance greater
than specified in § 450-1604H(12)(a)[1][a] above.
[3]
Contiguous property owners may construct a WECS
for use in common, provided that the required setback is maintained
relative to the property lines of nonparticipating owners.
(c)
Safety.
[1]
Minimum blade height: 15 feet at lowest point of
arc.
[2]
Access control: minimum access height of 12 feet
or minimum fence height of six feet with locking portal.
[3]
A licensed engineer shall certify that the design
of a proposed WECS will allow it to operate safely, without loss of
structural integrity. The design of the WECS shall address the following
potential conditions:
[Amended 10-19-2011 by Ord. No. 207]
[4]
A minimum of one sign shall be posted near ground
level or on the tower structure warning of high voltage.
(d)
Aesthetics and other requirements.
[1]
The electric and utility lines to and from a WECS
shall be underground.
[2]
The ground level equipment and structures shall be adequately buffered from adjacent properties and street rights-of-way with a Type 4 buffer meeting the requirements of § 450-1704 of this chapter.
[3]
A WECS shall primarily serve on-site generation
needs. If hookups to a public utility system are proposed, electrical
plans must be prepared by a certified electrical engineer, at the
applicant's expense, and submitted to the public utility for approval.
[4]
A WECS shall not interfere with the reception of
any radio, television or other communications equipment.
(13)
H13 Radio, Television and Paging Tower, Flagpole, and Dish and
Microwave Antenna. Radio, television and paging towers, masts, aerials,
flagpoles, dish and microwave antennas, microwave, paging towers and
associated facilities are permitted as an accessory use to a residential
dwelling unit and nonresidential uses subject to the following:
(a)
Facilities and structures regulated by Use F4 are not covered
by the provisions of this section and shall meet the requirements
of Use F4.
(b)
Dish and microwave antennas less than two feet in diameter are
exempted from meeting the requirements of this section.
(c)
The structure shall be setback from the nearest property line
a distance at least equal to 110% of the height of the structure,
but not less than other required yard and buffer setbacks.
(d)
The structure shall be anchored to the ground in a manner satisfactory
to the Township.
(e)
The structure shall not be subject to the maximum height limitations
of this chapter. However, a conditional use permit must be obtained
for any structure which will exceed these maximum height limitations
of this chapter.
(f)
On lots of 10 acres or smaller, dish and microwave antennas,
and radio, television and paging towers shall not be located in the
front yard of a residential structure. On lots greater than 10 acres,
these uses shall not be located in the minimum front yard as specified
in this chapter.
(g)
The diameter of the dish and microwave antenna shall not exceed
10 feet.
(h)
When separately supported, the total height of the dish and
antenna shall not exceed 10 feet, unless approved as a conditional
use.
(i)
Mounting of a dish and microwave antenna to buildings or other
structures is not permitted.
(j)
No more than one dish or microwave antenna shall be permitted
on any lot.
(k)
The dish or microwave antenna, when positioned on the ground,
shall be screened by staggered plantings of evergreens which present
a solid visual barrier to adjoining uses and to the street.
(14)
H14 Helistop. A private facility for landing and takeoff of
helicopters.
(a)
No fuel service, maintenance or overhaul facilities shall be
included.
(b)
A minimum landing area of 100 feet by 100 feet shall be provided,
except for rooftop landing areas that shall have a minimum landing
area of 40 feet by 40 feet.
(c)
A fence at least four feet in height shall surround all landing
areas.
(d)
The proposed helistop will not adversely affect adjoining land
uses, the safety of nearby residents or employees or the future growth
and development of the area in which it is to be located.
(e)
The helistop shall meet all the regulations of the Pennsylvania
Department of Transportation, Bureau of Aviation, and shall have the
approval of this agency and of any other airstrip licensing agencies
of the federal or state government.
(f)
No activities shall be permitted which will violate the regulations
of this chapter or any other Township ordinance controlling noise,
dust, dirt, electrical disturbance, hazards, or other nuisances.
(15)
H15 Private Airfield. A private, noncommercial air landing field
serving helicopters or fixed wing aircraft.
(a)
The minimum lot area on which an air landing field serving fixed-wing
aircraft is permitted shall be 30 acres. The minimum lot area for
a private airfield serving only helicopters shall be five acres.
(b)
The outside limits of the air landing strip shall be located
300 feet from any property line and from any public road.
(c)
There shall be no rental of hangar space or commercial activities,
including storage facilities or instruction in conjunction with the
use. No commercial flight activities shall be permitted.
(d)
The private air landing field shall meet all the regulations
of the Pennsylvania Department of Transportation, Bureau of Aviation,
and shall have the approval of this agency and of any other airstrip
licensing agencies of the federal or state government.
(e)
No activities shall be permitted which will violate the regulations
of this chapter or any other West Rockhill Township ordinance controlling
noise, dust, dirt, electrical disturbance, hazards, or other nuisances.
(f)
No air landing field shall be established if its flight pattern
will overlap with the flight pattern of any existing air landing field,
airport, heliport, airfield or gliderport.
(g)
All buildings associated with the air landing field, including
hangers, landing pads, warm-up pads, refueling facilities, lights,
etc., shall be placed at least 100 feet from the property line of
the lot.
(16)
H16 Family Day Care. A facility in which care is provided for
one or more children, but no more than six at any one time, who are
not relatives of the caregiver, where the child care areas are being
used as a family residence.
(a)
The applicant must obtain a license from the Department of Public
Welfare, Bureau of Child Development Programs. Licensure is certification
of compliance with all applicable provisions of the Department of
Public Welfare's Social Services manual by this Department to the
applicant subject to licensure under the Public Welfare Code and/or
other applicable regulations. It shall be the affirmative obligation
of the owner and operator of a family day care home to provide, annually,
proof to the Township that the registration certificate or license
is valid for each year.
(b)
This use shall be conducted in a building designed for residential
occupancy and for the safety and well-being of the occupants.
(c)
This use shall only be permitted as an accessory use in a single-family
detached dwelling.
(d)
A minimum outdoor play area of 200 square feet of contiguous
area shall be provided for each child as a recreational area for the
children. This area shall not include any impervious surface or parking
areas.
(e)
The outdoor play area must be enclosed by a four-foot high fence
which is deemed appropriate by West Rockhill Township.
(f)
The outdoor play area shall be located to the side or rear of
the property.
(g)
No more than one person other than members of the immediate
family may be employed.
(h)
The use shall be located on a lot with frontage on a public
street and the operation of the family day care must be conducted
in a manner so as not to obstruct the normal flow of traffic.
(i)
Minimum parking requirement. In addition to the parking spaces
required for a single-family detached dwelling, at least one additional
parking space is required for each employee, plus one space for dropoff.
(17)
H17 No-Impact Home-Based Business. A business or commercial
activity administered or conducted as an accessory use which is clearly
secondary to the use as a residential dwelling and which involves
no customer, client or patient traffic, whether vehicular or pedestrian,
pickup, delivery or removal functions to or from the premises, in
excess of those normally associated with residential use. The business
or commercial activity must satisfy the following requirements:
(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
or 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)
The business activity may not use any equipment or process that
creates noise, vibration, glare, fumes, odors or electrical interference,
including interference with radio or television reception, which is
detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
(18)
H18 Nonresidential Accessory Building. Accessory building, or
structure, or use customarily incidental to the uses permitted within
the zoning district, except outside storage or display and drive-through
facilities. Any use accessory to a use permitted only as a special
exception or conditional use shall also require special exception
or conditional use approval.
[Amended 10-19-2011 by Ord. No. 207]
(19)
H19 Temporary Community Event. A temporary activity including,
but not limited to, flea markets, public exhibitions, auctions, carnivals,
circuses, picnics, air shows and suppers for fund-raising, and similar
organization events and meetings.
(a)
Such temporary uses shall be limited to occurrences of not more
than seven days per occurrence. Such occurrences shall be limited
to not more than four occurrences in a calendar year for each organization
and property. There shall be at least a thirty-day period between
such occurrences.
(b)
Signs advertising a temporary community event shall be limited
to 12 square feet in area. Such signs shall be posted no more than
14 days prior to the first day of the event and shall be removed on
the final day of the event. No more than four off-premises signs shall
be placed. The location of off-premises signs must be approved by
the property owners of the properties upon which they are to be fixed.
(c)
Such uses may be permitted as conditional uses. The applicant
shall provide the Township with plans to ensure adequate parking,
emergency access, road access, sanitary facilities, refuse collection,
noise control and cleanup after the event. Hours of operation shall
be approved by the Board of Supervisors with consideration given to
the type of event, amount of usage, and impact on adjoining properties.
(d)
West Rockhill Township sponsored community events held on Township
owned property are exempt from these regulations.
(20)
H20 Solar Energy System. An energy system which converts solar
energy to usable thermal, mechanical, chemical or electrical energy
to meet all or a significant part of a building's energy requirements.
(21)
H21 Chicken-Keeping as a Residential Accessory Use. Chicken-keeping for noncommercial purposes shall be permitted as a residential accessory use in the RA and RC Zoning Districts under the terms and conditions set forth at § 450-1604A(1)(e)[2] of this chapter.
[Added 7-15-2015 by Ord.
No. 231]
