[Ord. No. 376, 7/24/2018]
The supplemental regulations in this Part supplement the requirements
of Parts 4 through 12 governing each zoning district and shall apply
to all uses in all zoning districts.
[Ord. No. 376, 7/24/2018]
1.
All permitted uses, conditional uses and uses by special exception
in all districts shall comply with the requirements of this section.
In order to determine whether a proposed use will conform to the requirements
of this chapter, the Board of Supervisors or Zoning Hearing Board
may require a qualified consultant to testify, whose cost for services
shall be borne by the applicant.
A.
Fire Protection. Fire prevention and fire-fighting equipment acceptable
to the Board of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
materials is carried on.
B.
Electrical Disturbance. No activity shall cause electrical disturbance
adversely affecting radio or other equipment in the vicinity.
C.
Noise. No operation or activity shall cause or create noise in excess
of the sound levels prescribed below:
(1)
Residential districts: at no point beyond the boundary of any
lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 60
dBA for more than four hours during a twenty-four-hour equivalent
period.
(2)
Commercial districts: at no point on or beyond the boundary
of any lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 65
dBA for more than eight hours during a twenty-four-hour equivalent
period.
(3)
Industrial districts: at no point on or beyond the boundary
of any lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 75
dBA for more than eight hours during a twenty-four-hour equivalent
period.
(4)
Where two or more zoning districts in which different noise
levels are prescribed share a common boundary, the most restrictive
noise level standards shall govern.
(5)
The following uses or activities shall be exempted from the
noise regulations:
(6)
In addition to the above regulations, all uses and activities
within the Township shall conform to all applicable county, state
and federal regulations. Whenever the regulations contained herein
are at variance with any other lawfully adopted rules or requirements,
the more restrictive shall govern.
D.
Vibrations. Vibrations detectable without instruments on neighboring
property in any zoning district shall be prohibited.
E.
Odors. No use shall emit odorous gas or other odorous matter in such
quantities as to be offensive at any point on or beyond the lot lines.
The guide for determining such quantities shall be the 50% response
level of Table I (Odor Thresholds in Air), Research on Chemical Odors:
Part I — Odor Thresholds for 53 Commercial Chemicals, October,
1968, Manufacturing Chemists Association, Inc., Washington, D.C.
F.
Smoke, Ash, Dust, Fumes, Vapors And Gases. There shall be no emission
at any point for longer than five minutes in any hour of visible gray
or other color smoke, ash, dust, fumes, vapors or gases with a shade
darker than No. 3 on the Standard Ringlemann Chart issued by the U.S.
Bureau of Mines; nor shall there be any emission at any point from
any source that can cause damage to health, to animals or vegetation
or to other forms of property or which can cause excessive soiling
at any point.
G.
Lighting and Glare.
(2)
The applicant shall submit a photometrics plan to measure the
light impact of the exterior lighting improvements. The photometrics
plan shall describe the maximum illumination values and average illumination
value required herein as part of the submission.
(3)
Low voltage and light emitting dioide (LED) lighting systems
are encouraged.
(4)
Two lighting zones and the applicable zoning district as well
as the respective illumination levels for each zone are as follows:
(a)
Light Zone 1: Agricultural and Residential Zones.
1)
There shall be a maximum illumination value shall be 0.10 horizontal
and vertical footcandles at all lot lines when measured three feet
above the ground surface.
2)
The maximum on-site illumination value shall be three footcandles
and the average on-site illumination value shall be less than or equal
to one footcandle when measured three above the ground surface.
3)
No more than 5% of the fixture's lumens shall be emitted at
a ninety-degree angle or greater from nadir.
4)
Lights on motion sensors shall not be triggered by movement
or activity located off the property on which the light is located.
(b)
Light Zone 2: Nonresidential Zones.
1)
There shall be a maximum illumination value of 0.20 horizontal
and vertical footcandles at all lot lines when measured three feet
above the ground surface.
2)
The maximum on-site illumination value shall be five footcandles
and the average on-site illumination value shall be less than or equal
to 1.5 footcandles when measured three feet above the ground surface.
3)
No more than 10% of the fixture's lumens shall be emitted at
a ninety-degree angle or greater from nadir.
4)
Lighting associated with any canopy constructed on the lot shall
be installed as internal illumination of the canopy only.
(5)
All outdoor lighting shall be designed, installed, located and
maintained so that nuisance glare onto adjacent lots or streets shall
be minimized and all direct illumination kept within the boundaries
of the lot.
(6)
Installations producing disabling glare shall not be permitted
within the Township.
(7)
Glare shall not exceed a rating of 3 on the DeBoer Scale.
H.
Erosion. No runoff of water or erosion of land by wind or water shall
be permitted onto adjacent properties. Measures satisfactory to the
Township shall be installed to control runoff and/or erosion.
I.
Water Pollution. Water quality shall be subject to the standards
established by the Pennsylvania Department of Environmental Protection
(PA DEP).
J.
Determination of Compliance with Performance Standards. During the
review of an application for zoning approval, the applicant may be
required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Township may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues and the Township may seek advice from a qualified
technical expert. All costs of the expert's review and report shall
be paid by the applicant. A negative report by the technical expert
and the applicant's refusal or inability to make alterations to ensure
compliance with this section shall be a basis for denying approval
of the application.
K.
Continuing Enforcement.
(1)
The Zoning Officer shall investigate any purported violation
of the performance standards and, subject to the approval of the Board
of Supervisors, may employ qualified technical experts to assist in
the determination of a violation. Costs of the services of such experts
shall be paid by the owner or operator of the facility or use accused
of the violation if the facility or use is found to be in violation.
If the facility or use is found to be in compliance with the performance
standards when the Township initiated the enforcement, said costs
shall be borne by the Township. If a complainant requests the enforcement
by the Township and the facility or use is found to be in compliance
with the performance standards, said costs shall be borne by the complainant.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of the violation in accordance with § 27-1901 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
[Ord. No. 376, 7/24/2018]
1.
Buffer Areas Described. Buffer areas, as defined by this chapter and required by § 27-1402, Subsection 2, shall meet all of the following criteria. (See Appendix C for illustrations of buffer areas.[1])
A.
Buffer Area A shall contain two rows of plantings. Each row shall
consist of a mixture of 30% deciduous and 70% evergreen plantings
spaced within the row a minimum of 15 feet apart, measured from the
vertical center lines of adjacent trees. The two rows shall be staggered
in a manner which shall result in adjacent trees on two different
rows being no more than 10 feet apart, measured from the vertical
center lines of the trees. The depth of Buffer Area A shall be 35
feet, as measured from the property line.
B.
Buffer Area B shall contain one row of plantings which shall consist
of a mixture of 30% deciduous and 70% evergreen spaced within the
row a minimum of 10 feet apart, measured from the vertical center
lines of adjacent trees. The depth of Buffer Area B shall be 25 feet,
as measured from the property line.
C.
Buffer Area C shall be comprised of a continuous, compact evergreen
hedge or line of evergreen trees that will grow together when mature
and that are a minimum of six feet in height at the time of planting.
The depth of Buffer Area C shall be 15 feet, as measured from the
property line.
D.
None of the required plantings shall encroach across any property
line. All plantings shall be located so that, at maturity, all parts
of the tree shall be a minimum of 2 1/2 feet from any public
street right-of-way or any property line that constitutes the exterior
boundary of the buffer area.
E.
In the event that existing vegetation and/or existing topography
provides screening that is adequate to meet the intent of the required
buffer area to screen the buildings, activities and parking areas
from adjoining residential properties, the Board of Supervisors, upon
recommendation by the Planning Commission, may determine that the
existing topography and/or vegetation constitutes all or part of the
required buffer area. If such a determination is made, the applicant
may be required to record a conservation easement, of the depth specified
by the Board of Supervisors, to guarantee that the existing topography
and/or vegetation will not be disturbed or removed from the approved
buffer area.
F.
When there are substantial differences in elevation between the first-floor
elevation of the proposed construction and the elevation of the property
line along which the buffer area is required, the buffer area may
be relocated to the top of the slope or the toe of the slope, whichever
provides the more effective visual.
G.
In the event that a public street right-of-way, dedicated and accepted
by the Township, separates the two dissimilar uses specified, the
buffer area shall not be required.
H.
In the case of a lot that is deeper than 400 feet, the requirement
to provide the buffer area along the entire perimeter of the lot may
be waived by the Township Supervisors, provided that the required
buffer area is installed along the side property lines and across
the rear yard at a sufficient depth to screen the buildings and parking
areas from adjacent properties.
I.
Openings for driveways shall be permitted to cross a required buffer
area. Plantings in required buffer areas shall be located so as to
not obstruct visibility for traffic entering or leaving the site and
shall be subject to the clear sight triangle requirements of § 27-1403D
of this chapter.
J.
No structures or uses shall be permitted in the required buffer area,
other than fences, active or passive recreation facilities and stormwater
management facilities, provided that the structures or uses do not
interfere with the required plantings in the buffer area, and provided
that all plantings are located outside any stormwater management structure.
Structures or uses not permitted within the required buffer area include
but are not limited to buildings, accessory structures, parking spaces,
access drives and lighting devices.
K.
When common open space is provided on a development site, the required
buffer area shall be located within the common open space and shall
not be located on any individual residential lot.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
2.
Buffer Areas Required. Buffer Areas A, B and C listed in § 27-1402, Subsection 1, above shall be required under the following circumstances:
A.
Buffer Area A. Buffer Area A shall be required:
(1)
Along all property lines where any development in the C-2 or
I-1 District adjoins property in an A-1, A-2, R-1-V, R-2 or R-3 District.
(2)
Where the express standards and criteria for a conditional use or use by special exception in § 27-1303 of this chapter specify that Buffer Area A is required.
(3)
Along all property lines where a planned residential development
adjoins property in an A-1, A-2, R-1-V, R-2 or R-3 District.
(4)
Along all property lines where multifamily dwellings adjoin
property in an A-1, A-2, R-1-V, R-2 or R-3 District.
B.
Buffer Area B. Buffer Area B shall be required:
(1)
Along all property lines where any development in the C-1 District
adjoins property in an A-1, A-2, R-1-V, R-2 or R-3 District.
(2)
Along all property lines where the expansion of a legal nonconforming
use in any A-1, A-2 or R District adjoins property in an A-1, A-2,
R-1-V, R-2 or R-3 District.
C.
Buffer Area C. Buffer Area C shall be required:
(1)
Where the express standards and criteria for a conditional use or use by special exception in § 27-1303 of this chapter specify that Buffer Area C is required.
(2)
On developed nonresidential properties in the R-1-V, C-1 or
C-2 District where existing conditions such as building location and
existing paving of the parking lot make it impossible to meet the
requirements for Buffer Area B along a property line that adjoins
property in the A-1, A-2, R-1-V, R-2 or R-3 District.
3.
Conflict Between Buffer Area and Yard Requirements. When the width
of a required buffer area is in conflict with the minimum yard requirements
of Parts 4 through 12, the greater distance shall apply. The buffer
area planting requirement shall be adhered to regardless of the yard
requirement.
4.
Existing Structures in Buffer Areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided that the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure that encroaches on the required buffer area. The required buffer area, as determined by § 27-1402, Subsection 2, shall apply on all other sides of the existing structure.
5.
Existing Trees in Buffer Areas.
A.
Where trees already exist within the required buffer area, these
trees shall remain undisturbed, except that diseased or dead material
may be removed. If it is determined that some healthy trees must be
removed in conjunction with development, a written request to remove
such trees must be submitted to the Township, along with an explanation
detailing the rationale for the request. These trees shall not be
removed until the Township has given written authorization permitting
said removal. This permission will not be unreasonably denied; however,
those who violate this section shall be subject to the maximum penalties
authorized by this chapter.
B.
When any trees, regardless of their physical condition, are removed,
they shall be replaced by trees suitable to the environment. (See
Appendix D for a suggested list of plant materials.[2]) All such replacement planting shall be in accordance
with accepted conservation practices.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
6.
Size of Trees in Required Buffer Areas.
A.
Any existing trees within the required buffer area that are a minimum
of four inches in diameter at a point one foot above the ground shall
be preserved and shall count as a required tree within the buffer
area. At no point, however, shall any existing trees and required
trees be separated at a distance greater than the distance specified
in the required buffer area.
B.
All trees required to be planted within the buffer area shall be
a minimum of two inches in diameter at a point one foot above the
ground, measured along the trunk of the planted tree, which tree shall
be planted in accordance with accepted conservation practices. All
required trees shall be a minimum of six feet in height at time of
planting, measured from the ground adjacent to the planted tree to
the top of the tree.
7.
Responsibility For Maintenance. It shall be the responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. The landowner shall record a restrictive covenant on the land guaranteeing perpetual maintenance and preservation of the required buffer area. Upon inspection by the Township and issuance of an enforcement notice in accordance with § 27-1901, Subsection 2, of this chapter, the landowner or lessee shall replace required landscaping materials with like type and size if the required plant materials do not survive for any reason at any time after occupancy of the property.
8.
Stormwater Management Facilities in Buffer Areas. Stormwater management
facilities and structures may be maintained within a buffer area,
but the existence of such facilities or structures shall not be a
basis for a failure to meet the planting requirements.
9.
Landscaping of Open Areas. All yard areas not utilized for parking
facilities, driveways, gardens, the planting of trees or shrubs, flower,
vegetable or herb beds or similar uses shall be seeded, sodded or
landscaped within a reasonable period of time. The phrase "a reasonable
period of time" shall be interpreted to be within two weeks after
construction activities are completed, unless those activities are
completed between a November 1 through April 1 time period. In such
case, the required sodding or seeding shall occur by April 15, and
erosion and sedimentation controls acceptable to the Township Engineer
shall be installed during the winter months and until such landscaping
is completed.
10.
Additional Landscaping Specifications. Landscaping shall be provided
in accordance with the following specifications:
B.
Plant materials shall be selected from the List of Suggested Plant
materials in Appendix D[3] or equivalent materials.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
C.
The landscaping plan required by the Township Subdivision and Land
Development Ordinance[4] shall contain the following information to demonstrate compliance with this § 27-1402:
(1)
All required buffer areas with proposed plantings (identifying
each proposed tree, bush or shrub), drawn to scale and identifying
the height and width of any proposed mounds.
(2)
All required planting independent of any buffer area requirements
(identifying each tree, bush, shrub, the use of sod or seeding, etc.),
drawn to scale.
(4)
Any existing trees or vegetation that are to be preserved, accurately
identifying their relative location.
(5)
Any existing trees or vegetation that will be removed, accurately
identifying their relative location.
D.
Parking areas shall be landscaped in accordance with the requirements
of § 27-1501J.
E.
Nonresidential Developments.
(1)
In any nonresidential development, deciduous trees shall be
planted in accordance with the following schedule. These trees shall
be in addition to the trees provided in any required buffer area or
parking area.
|
Building Footprint
|
Requirement
|
|---|---|
|
1,000 to 30,000 square feet
|
1 tree for each 1,000 square feet of building footprint
|
|
30,001 to 75,000 square feet
|
A minimum of 30 trees, plus 1 tree for each 3,000 square feet
of building footprint in excess of 30,000 square feet
|
|
Over 75,000 square feet
|
A minimum of 45 trees, plus 1 tree for each 5,000 square feet
of building footprint over 75,000 square feet
|
(2)
The required trees shall be planted in clusters on the site
and shall be distributed throughout the site to enhance the open space
on the site. The final location of the plantings shall be subject
to approval by the Township, depending on the size of the site, the
magnitude of the required buffer area and the amount of paving and
building coverage proposed.
F.
Developments Containing Multifamily Dwellings.
(1)
In any development that contains multifamily dwellings, deciduous
trees shall be planted in accordance with the following schedule.
These trees shall be in addition to the trees provided in any required.
|
Number of Multifamily Dwellings
|
Required Trees
|
|---|---|
|
First 25 dwelling units
|
1 tree for each dwelling unit
|
|
26 to 100 dwelling units
|
25 trees, plus 1 tree for each 2 dwelling units in excess of
25 dwelling units
|
|
101 to 200 dwelling units
|
62 trees, plus 1 tree for each 3 dwelling units in excess of
100 dwelling units
|
|
201 + dwelling units
|
95 trees, plus 1 tree for each 4 dwelling units in excess of
200 dwelling units
|
(2)
The required trees shall be planted as front yard trees or may
be clustered in groups around the multifamily dwelling units and shall
not be located within any public street right-of-way.
G.
All trees that are required to be planted as per the regulations of § 27-1402 shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting, measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
H.
In conjunction with the development of property for any use, the
applicant shall show that the removal of any trees or natural vegetation
is necessary for the imminent and orderly development of the property.
"Imminent development" shall be considered to be development which
is reasonably expected to commence, and for which there are realistic
plans to commence, on a minimum eight-hours-per-day, forty-hours-per-week
basis (utilizing a five-day-on, two-day-off, standard workweek basis),
within 30 days of the removal of trees or vegetation and for which
a land development plan and landscaping plan have been submitted and
approved by the Township.
I.
Any existing trees that are not disturbed and are not located within
a required buffer area and are a minimum of four inches in diameter
at a point one foot above the ground shall count towards the required
number of trees to be planted outside of the buffer area.
[Ord. No. 376, 7/24/2018]
1.
In addition to the yard requirements specified in each zoning district,
the following yard requirements shall apply in all zoning districts
to the applicable circumstances described below:
A.
Corner Lots. Corner lots shall provide front yards on each street
frontage. The remaining two yards shall constitute side yards.
C.
Accessory Structures. In all zoning districts, the following regulations
shall apply to accessory structures:
(1)
Private swimming pools and associated decks and patios accessory
to a dwelling.
(a)
Swimming pools accessory to a dwelling shall be located at least
15 feet from the rear property line. Swimming pools accessory to a
dwelling shall not be permitted in the minimum required front yard
or in the minimum required side yard.
(b)
All swimming pools shall be enclosed by a continuous fence or
wall as permitted by the most current version of the International
Building Code § 3109 not less than four feet in height with
a self-closing, self-latching gate designed to prevent access to the
pool when it is not in use. The dwelling may be part of the enclosure.
(c)
In the case of an aboveground pool, when any point on the top
circumference of the pool is less than four feet above the adjacent
ground level, the entire pool shall be enclosed by a continuous fence
or wall as permitted by the most current version of the International
Building Code § 27-3109 not less than four feet in height
with a self-closing, self-latching gate. Any aboveground pool that
is at least four feet above the adjacent ground level around the entire
top circumference of the pool shall not be required to be fenced,
provided that the pool has a retractable ladder or steps that is kept
retracted when the pool is not in use.
(2)
Private Sports Courts Accessory to a Dwelling. Sports courts
accessory to a dwelling shall be located only in a side or rear yard
and shall be no closer to the side or rear property line than 15 feet.
Lighting of the sports court shall not be permitted. All sports courts
shall be enclosed by a fence that is a minimum of 10 feet in height
and a maximum of 12 feet in height and that shall contain openings
equal to 50% or more of the surface area of the fence. The area of
the sports court shall not exceed 50% of the total area of the rear
yard.
(3)
Fences.
(a)
A zoning permit shall be required to erect a fence within North
Strabane Township.
(b)
Fences accessory to a farm shall be permitted in any required
yard, provided that the maximum height shall not exceed six feet.
A permit shall not be required for farm fences.
(c)
The maximum permitted height of an open fence/wall/barrier or
a closed fence/wall/barrier is six feet, with the exception of the
following:
1)
The only fences/walls/barriers permitted in front yards (Refer
to Figure A) in residential districts shall be ornamental fences/walls/barriers,
limited to four feet in height. Fences/walls/barriers shall have equally
spaced open and closed sections of the same dimension. No opening
shall be less than three inches and the fence/wall/barrier shall have
a minimum transparency of 60%. The following materials are permitted
as visible surfaces for an ornamental fence/wall/barriers:
2)
Retaining walls necessary to support geotechnical needs of a
lot shall be permitted.
3)
For commercial uses in all nonresidential zoning districts,
the maximum height of a security fence shall be eight feet. Solid
screening fences shall be permitted as otherwise provided for by this
chapter to screen dumpsters, loading berths and outside storage areas.
4)
For industrial uses in all nonresidential zoning district, the
maximum height of a fence or wall shall be 10 feet. Solid screening
fences shall be permitted as otherwise provided for by this chapter
to screen dumpsters, loading berths and outside storage areas.
5)
A fence/wall/barrier around a tennis court may be a maximum
of 10 feet in height.
6)
A fence/wall/barrier not exceeding 10 feet in height may be
erected in any required yard for schools, playgrounds or parks or
in any required side or rear yard in commercial or industrial districts.
(d)
Chainlink or cyclone fences are not permitted in front yards.
(e)
For fences/walls/barriers situated in side and rear yards (Refer
to Figure A) in any residential zoning district, the maximum barrier
height shall be reduced to four feet once it extends into the front
yard.
|
Figure A: Fence/Wall/Barrier and Yard Regulations
 |
(f)
Hedges and shrubbery shall not constitute an open/closed fence/wall/barrier.
(g)
Any fence/wall/barrier through which an electrical current can
be passed, giving an electric shock to any person or animal touching
it, is not permitted.
(h)
For fence/wall/barrier requirements for outdoor swimming pools,
refer to § 3109, Swimming Pool Enclosures and Safety Devices,
of the IBC Code for Swimming Pools (most current version).
(i)
Structural members such as stringers, rails, or the like that
are used to support or stabilize a fence/wall/barrier shall only be
situated upon the interior side of the fence/wall/barrier, facing
the interior of the lot and not visible from adjacent lots or rights-of-way.
(j)
If any fence/wall/barrier is constructed of a combination of
materials, the structural material shall only be situated on the interior
of the structure. (See Figure 2: Interior/Exterior Face Orientation
— Brick, Stone, or Cast Concrete, on file in Township Municipal
Building.)
(k)
Transparent or opaque fabric windscreens affixed to a fence/wall/barrier
shall be permitted only as a temporary installation when located in
the front yard. Any graphic, illustration, and/or text that shall
be subject to Township sign requirements for the zoning district in
which the lot exists. A permanent windscreen shall only be permitted
to be affixed to a fence/wall/barrier located in the side and/or rear
yard of a lot. No graphic, illustration and/or text shall exceed 72
square inches on any one face of said permanent windscreen. No permanent
windscreen shall be permitted between the front lot line and the front
facade as measured farthest from the lot line. Such an installation
shall require the approval of the Township Code Enforcement Officer.
The permitted period of time of the installation shall be six months,
with the ability to extend the permitted period by 60 days with the
approval of the Township Manager.
(4)
Satellite Dish Antennas. Satellite dish antennas for personal
use by private citizens, not including communications antennas, as
defined by this chapter, shall be permitted as an accessory use, subject
to the following requirements:
(a)
Satellite dish antennas that have a diameter of one meter or
less shall be exempt from these regulations.
(b)
In the case of satellite dish antennas greater than one meter
in diameter, only one satellite dish antenna shall be permitted on
a residential lot. In all zoning districts, satellite dish antennas
shall not be permitted in front yards. In R Residential Zoning Districts,
the maximum diameter of any satellite dish antenna installed on any
lot or on any roof or above any building shall be 12 feet.
(c)
In zoning districts other than R Residential, any satellite
dish antenna greater than one meter in diameter that is installed
on any lot or on any roof or above any building shall not exceed 20
feet in diameter. In all zoning districts, the maximum height of any
freestanding satellite dish antenna shall be 25 feet, and in the case
of satellite dish antennas mounted on a roof or above a building,
the maximum height shall be no greater than 25 feet above the highest
point on the roof.
(d)
In all zoning districts, no part of any satellite dish antenna
shall be located closer than 10 feet to any property line.
(5)
Radio or Television Antennas. A radio or television antenna
for personal use by private citizens shall be permitted as an accessory
use, subject to the following requirements, except as these provisions
may be superseded by any applicable Federal Communications Commission
(FCC) ruling:
(a)
A radio or television antenna structure may be mounted on a
roof or installed in a rear yard only, provided that no such structure
shall be located within 20 feet of any property line.
(b)
The maximum height for such structure shall not exceed that
otherwise allowed in the zoning district in which it is located by
more than 20 feet. If placed on a roof, any antenna structure exceeding
eight feet in height shall be mounted with guide wires.
(c)
Any such structure shall comply with applicable airport zoning
and Federal Communications Commission regulations.
(d)
Radio or television antenna structures located on the ground
shall be screened from adjacent properties by evergreen trees or other
suitable material, as approved by the Township.
(6)
Canopies and Similar Structures. Canopies and similar permanent
freestanding roofed structures without walls shall be permitted to
cover outdoor seasonal display and sales areas or fuel-dispensing
areas accessory to authorized uses in the C-1 and C-2 Commercial Districts,
provided that:
(a)
Such structure shall not be attached to the principal building;
(b)
Such structure shall be located at least 10 feet from any property
line or street right-of-way;
(c)
Such structure shall not be enclosed; and
(d)
Such structure shall be removed immediately once the principal
use or the use of the accessory structure is discontinued.
(7)
Residential accessory storage structures and detached garages.
(a)
No detached garage or storage structure accessory to a dwelling shall be located in the minimum required front yard. In the R-1-V District, detached garages and storage structures accessory to a dwelling shall be located at least 7 1/2 feet from any side or rear property line. In all other districts, detached garages and storage structures accessory to a dwelling shall be located at least 10 feet from any side or rear property line if the floor area of the structure is 500 square feet or less. If the floor area of the structure is more than 500 square feet, the structure shall be located at least, 15 feet from any side or rear yard. See also § 27-1202, Subsection 9, for applicable internal setbacks and distances between buildings within a planned residential development.
(b)
In the R-1-V, R-2 and R-3 Districts, the maximum floor area
of any detached garage or residential accessory storage structure
shall be related to the size of the residential lot, in accordance
with the following:
|
Size of Lot
|
Maximum Floor Area of Accessory Structure
|
|---|---|
|
Up to 21,780 square feet
|
500 square feet
|
|
21,780 to 43,560 square feet
|
1,000 square feet
|
|
Over 43,560 square feet
|
1,500 square feet
|
(8)
Structures accessory to nonresidential structures and buildings.
(a)
No structure accessory to a nonresidential building or structure,
other than a sign or off-street parking area, shall be located in
the front yard setback. Signs and off-street parking areas shall be
subject to the requirements of Parts 15 and 16.
(b)
Structures accessory to nonresidential buildings or structures
shall not be located within any required buffer area. Setbacks for
accessory structures shall comply with the requirements specified
in each zoning district.
(c)
Where a buffer area is not required, all structures accessory
to nonresidential buildings or structures shall be located at least
10 feet from the rear property line and at least 20 feet from the
side property lines.
(9)
Distance from Principal Building. All accessory storage structures
and garages shall be located at least 10 feet from any principal building;
except that if a detached garage accessory to a dwelling is connected
to the dwelling by contiguous side walls, breezeways or similar connections,
the distance between the dwelling and the connected garage may be
less than 10 feet.
D.
Visibility at Intersections. No object, including, without limitation,
fences, landscaping rocks, hedges, trees and other plantings, buildings,
structures, walls, signs and motor vehicles, exceeding a height of
three feet, as measured from the lowest elevation of the centerline
of any abutting street, shall be temporarily or permanently placed,
erected, installed or parked within the clear sight triangle required
at the intersection of two streets or the intersection of a driveway
or private lane with a public street. The required clear sight triangle
is illustrated in Appendix A.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Ord. No. 376, 7/24/2018]
1.
The following shall be permitted to project into any required yard
in any zoning district:
A.
Typical architectural features of the principal structure, including
but not limited to bay windows, windowsills, chimneys, cornices and
eaves, shall be permitted to project into required yards no more than
18 inches.
B.
Decks and their stairs, stoops and unenclosed porches without enclosed
habitable foundation or space and without a roof or walls shall be
permitted to project into required front, side and rear yards no more
than three feet. Porches that have a roof or walls or that are enclosed
or have enclosed habitable foundations shall be subject to the yard
requirements for the principal structure.
C.
Steps attached to the principal building and open fire escapes shall
be permitted to project into required yards no more than three feet.
[Ord. No. 376, 7/24/2018]
The height limitations of this chapter shall not apply to the
following structures, provided that they do not exceed the height
limitations of the district by more than 15 feet: place of worship
spires, chimneys, elevator bulkheads and other mechanical equipment
that is part of the principal structure, conveyors, flagpoles, silos,
standpipes, elevated water tanks, derricks, public utility structures
and other structures not intended for human habitation. The foregoing
exceptions shall not apply to communications towers, communications
antennas and their facilities.
[Ord. No. 376, 7/24/2018]
1.
All businesses that propose drive-through facilities, as defined
by the chapter, as accessory uses or principal uses shall meet all
of the following requirements:
A.
Drive-through facilities proposed on parcels within a planned shopping
center shall have access only from the interior circulation system
within the planned shopping center site. All other properties shall
have frontage on and direct vehicular access to an arterial or collector
street, as defined by this chapter.
B.
In addition to the parking spaces required for the principal use,
a minimum of five standing spaces, in one lane, with a total length
of 100 feet, in direct line with each service position shall be provided
for vehicles to wait in line. The standing spaces shall not interfere
with the use of any required parking spaces and shall not inhibit
the free flow of traffic on the property. The standing spaces shall
be designed so that waiting vehicles shall not stand in any right-of-way
or overflow onto adjacent properties, streets or berms.
C.
Entrances, exits and standing spaces shall be adequately indicated
with pavement markings and/or directional signs.
D.
Parking areas and circulation patterns shall be adequately striped
and marked to facilitate traffic circulation on the property.
E.
Designed
in a manner to not block ingress/egress of dedicated parking spaces
required for the principal use.
[Added by Ord. No. 402, 10/25/2022]
[Ord. No. 376, 7/24/2018]
1.
Temporary construction trailers or model homes or sales offices shall
be permitted in any zoning district, subject to the following conditions:
A.
Temporary construction trailers shall be permitted only during the
period that the construction work is in progress under a valid building
permit or under Township approval to install public improvements.
The temporary construction trailer shall be removed upon completion
of the construction authorized under a building permit or upon completion
of the installation of the public improvements in a plan of subdivision.
In the event that construction is phased, the temporary construction
trailer shall be moved from the completed phase to the next phase
when 90% of the required improvements in the completed phase have
been installed, as determined by the Township Engineer, provided that
a valid grading permit or building permit has been issued for the
next phase.
B.
Model homes or sales offices shall be permitted only until 90% of
the lots or dwelling units in the development are sold. In the case
of a phased development, the use of a model home or sales office shall
be permitted to continue only if the subsequent phase is initiated
within six months of the completion of 90% of the lots or dwelling
units in the prior phase.
C.
A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer, in accordance with the requirements of § 27-1905, prior to the commencement of construction and shall be renewed every six months, if necessary, until the project is completed.
D.
Temporary construction trailers shall be located on the lot on which
the construction is progressing and shall not be located within 25
feet of any property line adjoining a residential use.
E.
Temporary construction trailers shall be used only as temporary field
offices and for storage of incidental equipment and supplies and shall
not be used for any dwelling use whatsoever.
F.
No signs or other advertising materials for the project shall be
attached to the temporary construction trailer; however, the name
of the construction company may appear on the trailer.
G.
Class 3 materials, as classified by the National Fire Protection
Association (NFPA), shall not be stored in temporary construction
trailers.
H.
Model homes shall be located on a separate lot and shall meet all
the requirements for permanent dwellings in the zoning district in
which they are located. Sales offices may be located in a model home
or may be located in a trailer located on a vacant lot in the plan
or on the site of construction. If the sales office is located in
a trailer, the trailer shall not be located within 25 feet of any
property line adjoining a residential use. No signs or other advertising
information shall be located on the outside of the trailer or sales
office.
I.
Model homes or sales offices located in a trailer shall not be utilized
for any dwelling use whatsoever during the time they are approved
as a temporary use or structure in accordance with the provisions
of this section.
J.
Model homes or sales offices shall be used primarily for sales associated
with the development in which they are located and shall not be used
as the only place of business for the listing realtor.
[Ord. No. 376, 7/24/2018]
1.
In the A-1 and A-2 Districts, agriculture, as defined herein, conducted
on a farm and related activities conducted on a farm or on other properties,
when authorized by this chapter, including animal grooming, boarding
stables, commercial greenhouses, commercial riding academies, kennels,
noncommercial riding academies, private stables and specialized animal
raising, shall be subject to the following requirements:
A.
Storage of manure or odor- or dust-producing substances shall be
located at least 200 feet from any property line.
B.
Any stable or other building used for the sheltering, keeping, raising
or feeding of horses, livestock and poultry shall be located at least
200 feet from any property line on properties of 10 acres or more.
Such buildings shall be located at least 75 feet from any property
line on properties having at least five acres but less than 10 acres.
C.
Commercial greenhouse heating plants shall be at least 100 feet from
any property line.
D.
All grazing and pasture areas shall be adequately fenced to properly
enclose the animals and to protect adjacent property.
E.
Private stables on properties of five acres or more, but less than
10 acres, shall be accessory to the stable owner's dwelling.
F.
The number of horses maintained in a private stable shall be limited
to one animal for the first five acres, plus one for each additional
acre or portion thereof up to 10 acres, not to exceed a total of six
horses. There shall be no limit on the number of horses on properties
of 10 acres or more.
H.
Agricultural sales, as defined herein, shall be permitted accessory
to a farm, as defined herein, in the A-l and A-2 Districts only, subject
to the following regulations:
(1)
All sales shall be conducted on the premises of a farm, as defined
and regulated by this chapter.
(2)
Products sold shall include only products raised, grown or produced
on the farm.
(3)
All permanent structures shall comply with the yard requirements
for principal structures in the district in which the property is
located.
(4)
Seasonal roadside stands shall be located no closer than 15
feet to any street right-of-way or property line and shall be removed
at the end of each growing season.
(5)
Buildings used for retail sales of agricultural products shall
not exceed 1,000 square feet of sales floor area for every 10 acres
of land. No building used for agricultural products shall exceed 5,000
square feet of sales area.
(7)
Off-street parking for seasonal roadside stands shall be designed in accordance with § 27-1501; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
(8)
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 27-1502 for retail businesses; however, in no case shall fewer than five spaces be provided.
(9)
Adequate ingress, egress and traffic circulation shall be provided
so that vehicles do not back onto the street right-of-way and do not
park or stand on any street or berm.
I.
Seasonal activities such as hay rides, spring and fall festivals and similar activities related to the farm shall be subject to all applicable requirements of § 27-1905 for temporary uses, provided that adequate parking is provided in a temporary parking area based on the ratio specified in § 27-1502C for "all other uses."
[Ord. No. 376, 7/24/2018]
1.
Outdoor Storage in Commercial and Industrial Districts.
A.
In the C-1 and C-2 Districts, storage of materials outside a completely
enclosed structure shall not be permitted, except for convenience
stores, vehicle sales, nurseries, garden supply, building supply,
custom crafting and similar businesses that require outside storage
of products offered for sale. In the case of nurseries, garden supply,
building supply, custom crafting and similar businesses, outside storage
areas larger than 1,000 square feet shall be completely enclosed by
a security fence and shall be screened by an opaque fence or hedge
that is at least six feet in height.
B.
In the I-1 District, any material or equipment stored outside an
enclosed building shall be incidental to the principal use of the
lot and shall be stored to the rear of the building or an alternative
location which screens the storage area from public view from the
street or adjacent residential property located at similar elevations
within 500 feet of the property. If existing buildings do not screen
the storage area from public view from the street or adjacent residential
property located at similar elevations within 500 feet of the property,
the area shall be screened by a hedge or opaque fence at least eight
feet in height.
2.
Refuse Collection and Waste Disposal. In all districts, all organic
rubbish and discarded materials shall be placed in tight vermin-proof
containers on the property and shall be secured in side or rear yards
screened from public view by means of a solid-face fence or wall at
least six feet in height. Containers shall be emptied once a week.
On properties where food is served in paper containers, covered waste
receptacles shall be conspicuously located on the premises for use
by patrons. The management shall be responsible for maintaining the
property free of litter. All nonresidential uses shall provide trash
receptacles that are completely enclosed by a screening fence secured
by a self-latching gate.
3.
Storage of Recreational Vehicles. The parking or storage of recreational
vehicles shall not be permitted in any front yard in any R Residential
District. Recreational vehicles with a current license or registration
and a valid inspection sticker may be parked or stored in the side
or rear yard of property in any R Residential District. At no time
shall any parked or stored recreational vehicle be occupied or used
as a dwelling.
4.
Parking of Commercial Vehicles and Equipment. Commercial vehicles
and equipment, including trucks in excess of one-ton capacity, tandems,
tractor-trailers, tractors or other commercial or construction or
cargo-moving vehicles or equipment, shall not, under any conditions,
be stored outside a completely enclosed building or parked outside
overnight between the hours of 10:00 p.m. and 7:00 a.m. in any R Residential
District, other than on construction sites for an approved subdivision
or land development, on sites for which a valid grading, zoning or
building permit is in effect, or on farms that are being used for
agriculture, as defined by this chapter.
[Ord. No. 376, 7/24/2018]
1.
Forestry, as defined herein, shall be conducted in accordance with
the following provisions. Proof of compliance with all requirements
shall be submitted with the application for a zoning certificate.
A.
All operations shall be located at least 300 feet from any existing
dwelling.
B.
All operations shall be discontinued between 7:00 p.m. and 7:00 a.m.,
provided further that such operations shall not take place during
any hours on Sundays or legal government holidays.
C.
Routes to be used by the hauling trucks shall be approved by the
Township, and the operator shall demonstrate that there shall be no
negative impact on Township roads from the proposed operation.
D.
The operator shall provide the Township with a copy of a videotape
of the condition of all roads to be utilized in the forestry operation
prior to commencing operations.
E.
A performance bond shall be posted in favor of and in the amount
required by the Township to guarantee restoration of Township roads
used as hauling route.
F.
The operator shall be responsible for cleaning dirt and debris from
public streets daily during the operation.
G.
The applicant shall submit a copy of the state and/or county permit
for hauling on state and/or county roads.
H.
The applicant shall supply the Township with the name of an on-site
contact person.
I.
Permits.
(1)
The applicant shall show compliance with the following laws
and regulations of the commonwealth, and all necessary permits shall
be maintained during the operation:
(a)
Erosion and sedimentation and control regulations contained
in Chapter 102, issued pursuant to the Pennsylvania Clean Streams
Law.
(b)
Stream-crossing and wetlands protection regulations contained
in Chapter 105, issued pursuant to the Pennsylvania Dam Safety and
Encroachments Act.
(c)
Stormwater management plans and regulations issued pursuant
to the Pennsylvania Storm Water Management Act.
J.
A logging plan prepared and sealed by a registered surveyor or engineer
shall be submitted that shows, at a minimum:
(1)
The design, construction, maintenance and retirement of the
access system, including haul roads, skid roads, skid trails and landings.
(2)
The design, construction and maintenance of water-control measures
and structures such as culverts, broad-based dips, filter strips and
water bars.
(3)
The design, construction and maintenance of stream and wetland
crossings, if any.
(4)
The general boundaries of the proposed operation in relation
to Township and state or county roads, including any accesses to those
roads.
(5)
The site location, including boundaries of the property and
boundaries of the proposed harvest area.
(6)
Significant topographic features.
(7)
The location of all earth-disturbance activities, such as roads,
landings and water-control measures and structures.
(8)
The location of all crossings of waters of the commonwealth.
K.
Felling or skidding on or across any public street is prohibited
without the express written consent of the Township, Washington County
or the Pennsylvania Department of Transportation (PennDOT), whichever
is responsible for maintenance of the street.
L.
No remnants of trees or debris shall be left within 25 feet of any
public street or any private road providing access to adjoining residential
property during the operation.
M.
All remnants of trees, stumps and debris within 50 feet of a public
street or residential property line shall be cut to a maximum of four
feet above the adjacent ground level following completion of the forestry
operation.
N.
No remnants of trees or debris shall be left on any adjoining property
or across any property line without the consent of the adjoining owner
during the operation.
O.
Upon completion of the forestry operation, haul roads shall be restored
to their original condition.
[Ord. No. 376, 7/24/2018]
1.
All no-impact home-based businesses, as defined herein, shall comply
with the following:
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
E.
No on-site parking of commercially identified vehicles shall be permitted.
F.
The business activity shall not use any equipment or process that
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
that is detectable in the neighborhood.
G.
The business activity shall not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling
and shall not occupy more than 25% of the habitable floor area of
the dwelling.
I.
The business shall not involve any illegal activity.
J.
The business shall register annually in January of each year with
the Zoning Officer or his or her designated representative to demonstrate
continuing compliance with these regulations.
[Ord. No. 376, 7/24/2018]
1.
For any lot one acre or greater in size, chickens and fowl may be
permissible so long as a property owner or occupant does not exceed
a ratio of four chickens or fowl per one acre. For any portion of
a chicken/fowl calculated as part of said calculation, the number
of chickens/fowls shall be rounded down to the nearest whole number.
Shelters, pens and cages for such chickens shall be set back at least
30 feet from all property and street right-of-way lines. The keeping
of roosters shall be prohibited.
[Amended by Ord. No. 402, 10/25/2022]
2.
Every owner engaged in the keeping of chickens shall provide facilities
maintained with best management practices so as to be clean, maintained
and avoid attracting vermin.
[Ord. No. 376, 7/24/2018]
1.
Notice: A company desiring to construct oil and gas pipelines or
temporary water pipelines that are regulated by state or federal agencies
are allowed to do so as a permitted use in the Township, subject to
submitting to the Township copies showing evidence that it has obtained
and maintains in good standing all required state and/or federal permits,
including proof of bonding to operate pipelines, when such bonding
is required. In addition to the required permitting documents, applicant
must also submit:
A.
The origin point and destination of the pipeline to be constructed
in the Township including time frame for activities;
B.
A description of the substance to be transported through the pipeline
and a copy of the material safety data sheet (MSDS);
C.
Any site reclamation plans and time frame;
D.
Location of any pressure relief devices;
E.
GIS drawings; and
F.
Statement concerning method of operation.
[Ord. No. 376, 7/24/2018]
1.
Notice. The operator shall provide the following notice of re-entry
drilling at least 30 days prior to initiating operations at the well
site:
A.
Written certification that the operator is in compliance with the
conditions contained in the initial conditional use approval;
B.
Updated truck routing schedule over Township roads;
C.
Updated compliance with the Township's road maintenance and bond
agreement for the roads to be utilized;
D.
Updated drilling and related operations schedule/timeline;
E.
Copies of any new or revised permits and approvals required for the
re-entry drilling;
F.
Confirmation that operator is not in breach of current conditional
use approval.
2.
Approval. The required information will be reviewed by the Township
Engineer and if said re-entry notice is complete the re-entry drilling
will be approved in writing without the requirement of a supplemental
hearing. The approval shall be a continuance of any previous approval
granted for oil and gas development on the subject property.
3.
Supplemental Hearing. A supplemental hearing will be required if
the re-entry drilling includes a material change or includes additional
operations not covered for and/or permitted in the initial approval.
4.
Scope. If required, the conditional use hearing will be limited to
testimony and exhibits explaining the specific operations not covered
by the initial conditional or permitted use approval.
5.
Standards and Criteria. Operator may rely on the conditions set forth
in the original conditional use approval. The Township may not change
or amend the original conditions or ordinance terms concerning setbacks,
well site and/or access road location so long as they do not adversely
affect the health, welfare and safety of the residents.
[Ord. No. 376, 7/24/2018]
1.
Notice. The operator shall provide the following notice of a traffic
control site at least 14 days prior to initiating the use:
A.
Updated truck routing schedule over Township roads;
B.
Updated compliance with the Township's road maintenance and bond
agreement for the roads to be utilized;
C.
A location map showing the location of the site in the Township and
the proposed ingress to and egress from the site;
D.
The anticipated types of vehicles to be accommodated;
E.
The relevant drilling and related operations schedule/timeline, if
available; and
F.
Proof of the property owner's consent to the use.
2.
Approval. The required information will be reviewed by the Township
Engineer and if said traffic control site notice is complete, the
traffic control site will be approved in writing.
[Ord. No. 376, 7/24/2018]
1.
This section applies to building-mounted and ground-mounted systems
installed and constructed after the effective date of the section.
Any upgrade, modification or structural change that materially alters
the size or placement of an existing solar PV and/or thermal system
shall comply with the provisions of this section.
2.
Building-mounted and ground-mounted systems are permitted in all
zoning districts as an accessory use to any lawfully permitted principal
use on the same lot upon issuance of the proper permit and upon compliance
with all requirements of this section and as elsewhere specified in
this section. Building-integrated systems, as defined by this section,
are not considered an accessory use and are not subject to the requirements
of this section.
3.
Permitted Locations; Standards.
A.
Building-mounted systems are permitted to face any rear, side and
front yard or any unregulated yard area. In Residential Zoning Districts,
building-mounted systems may only be mounted on lawfully permitted
principal structures. In all other zoning districts, building-mounted
systems may be mounted on lawfully permitted principal and/or accessory
structures.
B.
Ground-mounted systems shall only be permitted on lots at least two
acres in area shall not be located in the front yard of the lot. Beyond
the prohibited location in the front yard, a ground-mounted system
shall be based on the requirements for accessory uses or structures
in the property's zoning district.
|
Figure 1 - Permitted Location: Building Mounted Solar
PV and/or Thermal System Isometric
 |
C.
The solar PV and/or thermal system must be constructed to comply
with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999,
as amended, and any regulations adopted by the Pennsylvania Department
of Labor and Industry as they relate to the UCC, except where an applicable
industry standard has been approved by the Pennsylvania Department
of Labor and Industry under its regulatory authority.
D.
All wiring must comply with the National Electrical Code, most recent
edition, as amended and adopted by the Commonwealth of Pennsylvania.
The solar PV and/or thermal system must be constructed to comply with
the most recent fire code as amended and adopted by the Commonwealth
of Pennsylvania.
4.
For ground-mounted systems, all exterior electrical lines must be
buried below the surface of the ground where possible or be placed
in conduit.
5.
Ground-mounted systems. Ground-mounted systems are subject to the
accessory use or structure setback requirements in the zoning district
in which the system is to be constructed. The required setbacks are
measured from the lot line to the nearest part of the system. No part
of the ground-mounted system shall extend into the required setbacks
due to a tracking system or other adjustment of solar PV and/or thermal
related equipment or parts.
6.
Notwithstanding the height limitations of the zoning district:
A.
For a building-mounted system installed on a sloped roof that faces
the front yard of a lot, the system must be installed at the same
angle as the roof on which it is installed with a maximum distance,
measured perpendicular to the roof, of 18 inches between the roof
and highest edge or surface of the system.
|
Figure 2 - Height Restriction, Sloped Roof Facing Front
Yard: Building-Mounted Solar PV and/or Thermal System Elevation
 |
B.
For a building-mounted system installed on a sloped roof, the highest
point of the system shall not exceed the highest point of the roof
to which it is attached.
|
Figure 3 - Height Restriction, Sloped Roof Facing Rear
or Side Yard: Building-Mounted Solar PV and/or Thermal System Elevation
 |
7.
Notwithstanding the height limitations of the zoning district:
A.
For a building-mounted system installed on a flat roof, the highest
point of the system shall be permitted to extend up to six feet above
the roof to which it is attached.
|
Figure 4 - Height Restriction, Flat Roof: Building-Mounted
Solar PV and/or Thermal System Isometric
 |
B.
Ground-mounted systems may not exceed the permitted height of accessory
structures in the zoning district where the solar PV and/or thermal
system is to be installed.
|
Figure 5 - Height Restriction: Ground-Mounted Solar PV
and/or Thermal System Elevation
 |
8.
Building-mounted systems on a sloped roof shall not be required to
be screened.
9.
The surface area of any ground-mounted system, regardless of the
mounted angle of any portion of the system, is considered impervious
surface and shall be calculated as part of the lot coverage limitations
for the zoning district. If the ground-mounted system is mounted above
existing impervious surface, it shall not be calculated as part of
the parcel's lot coverage limitations for the zoning district.
10.
Building-mounted systems:
A.
If a building-mounted system is to be installed on any building or
structure that is nonconforming because its height violates the height
restrictions of the zoning district in which it is located, the building-mounted
system shall be permitted so long as the building-mounted system does
not extend above the peak or highest point of the roof to which it
is mounted and so long as it complies with the other provisions of
this section.
|
Figure 6 - Nonconforming Building, Sloped Roof Facing
Front Yard: Building-Mounted Solar PV and/or Thermal System Elevation
 |
|
Figure 7 - Nonconforming Building, Sloped Roof Facing
Rear or Side Yard: Building-Mounted Solar PV and/or Thermal System
Elevation
 |
B.
If a building-mounted system is to be installed on a building or
structure on a nonconforming lot that does not meet the minimum setbacks
required and/or exceeds the lot coverage limits for the zoning district
in which it is located, a building-mounted system shall be permitted
so long as there is no expansion of any setback or lot coverage nonconformity
and so long as it complies with the other provisions of this section.
|
Figure 8 - Nonconforming Lot, Setbacks, and/or Lot Coverage
Limits: Building-Mounted Solar PV and/or Thermal System Isometric.
 |
11.
Ground-mounted systems:
A.
If a ground-mounted system is to be installed on a lot containing
a structure that is nonconforming because the required minimum setbacks
are exceeded, the proposed system shall be permitted so long as the
system does not encroach into the established setback for the lot.
If a ground-mounted system is to be installed on a lot that is nonconforming
because it violates zoning district requirements other than setbacks,
then a variance must be obtained for the proposed installation.
|
Figure 9 - Nonconforming Lot, Setbacks: Ground-Mounted
Solar PV and/or Thermal System Isometric.
 |
12.
No signage or graphic content may be displayed on the solar PV and/or
thermal system except the manufacturer's badge, safety information
and equipment specification information. Said information shall be
depicted within an area no more than 36 square inches in size.
13.
All solar PV and/or thermal systems are subject to compliance with
applicable performance standards detailed elsewhere in the Township
Official Zoning Ordinance.
14.
The Township reserves the right to inspect a solar PV and/or thermal
system for building or fire code compliance and safety.
15.
If upon inspection the Township determines that a fire code or building
code violation exists, or that the system otherwise poses a safety
hazard to persons or property, the Township may order the landowner
to repair or remove the system within a reasonable time. Such an order
shall be in writing, shall offer the option to repair, shall specify
the code violation or safety hazard found and shall notify the landowner
of his or her right to appeal such determination.
16.
If a landowner fails to repair or remove a solar PV and/or thermal
system as ordered, and any appeal rights have been exhausted, the
Township may enter the lot remove the system and charge the landowner
for all costs and expenses of removal, including reasonable attorney's
fees or pursue other legal action to have the system removed at the
landowner's expense.
17.
In addition to any other available remedies, any unpaid costs resulting
from the Township's removal of a vacated abandoned or decommissioned
solar PV and/or thermal system shall constitute a lien upon the lot
against which the costs were charged. Legal counsel of the Township
shall institute appropriate action for the recovery of such cost,
plus attorney's fees, including, but not limited to filing of municipal
claims pursuant to 53 P.S. § 7107 et seq., for the cost
of such work, 6% interest per annum, plus a penalty of 5% of the amount
due plus attorney's fees and costs incurred by the Township in connection
with the removal work and the filing of the Township's claim.
18.
Before any construction or installation on any solar PV and/or thermal
system shall commence, a permit issued by the Township shall be obtained
to document compliance with this section.
[Ord. No. 376, 7/24/2018]
1.
A medical marijuana dispensary may not be located within 1,000 feet
of the property line of a public, private or parochial school or a
day-care center.
[Ord. No. 376, 7/24/2018]
1.
There shall be no sales activity off-site associated with vehicle
inventory stored off-site.
2.
A formal agreement between the landowner where off-site vehicle storage
is being conducted and the owner of the vehicle sales use shall be
submitted to the Township for record and references.
3.
Any other permit requirements associated with off-site vehicle inventory
storage shall apply.
4.
Off-site vehicle inventory storage shall only be permitted within
zoning districts that permit vehicle sales as a permissible land use.
5.
All off-site vehicle storage lots must comply with the Township parking
requirements for space size and aisle width.
6.
Any lighting applicable to the off-site vehicle inventory storage
area shall be presented as part of a photometrics plan applicable
to the lot. Lighting levels shall not exceed the maximums as otherwise
defined by this chapter.
7.
Property maintenance standards applicable to the lot shall apply
to any area utilized for off-site vehicle inventory storage.
8.
All vehicle inventory shall be in operable condition; no storage
of junk or abandoned vehicles shall be permitted to occur.
[Ord. No. 402, 10/25/2022]
1.
Standards of Practice. Honeybee apiaries must be in compliance with
the Pennsylvania Bee Law (3 Pa.C.S.A. § 2101 et seq., as
amended) and subject to the following regulations.
2.
Registration, Certification and Permits.
A.
No beekeepers may own or maintain an apiary within the municipality
without first registering and maintaining a current permit for all
apiaries with the Department as required by the Pennsylvania Bee Law,
3 Pa.C.S.A. § 2101 et seq., as amended.
B.
A beekeeper owning or maintaining an apiary in the municipality shall
promptly notify the Code Enforcement Officer or appropriate office
without unnecessary delay, and in no event longer than 72 hours, if
the Department revokes said apiary registration or if said registration
has lapsed.
C.
No beekeeper shall own or maintain an apiary within the municipality
without first obtaining a registration permit from the municipality.
An application for a one-time registration permit shall be made in
writing and upon supplied form or in such format as established by
the municipality. The application shall be accompanied by a lot plan
that includes the size of the lot, the location and number of hives,
the location of the water source, the distance of the hives from any
property lines, and, if required, the location of any flyway barriers.
The issuance of a permit shall not obviate the necessity for compliance
with all other municipal ordinances.
D.
The application for a municipal permit shall also be accompanied
by written evidence that the applicant has completed a beekeeping
educational course/program with a minimum of eight hours of instructions
or has a letter of validation from an officer of the Pennsylvania
State Beekeepers Association, an officer of a local bee club or a
certified Master Beekeeper.
E.
Beekeepers that wish to own or maintain an apiary on property that
they do not own must include written permission from the property
owner or landlord that explicitly indicates that the beekeeper has
permission to own or maintain an apiary on the subject property. Such
written permission shall be supplied to the municipality as part of
the beekeeping registration application.
3.
Location and Colony Density. Placement of an apiary on a residential
property should conform to the following regulations so as to minimize
and eliminate any possible concerns to adjoining neighbors:
A.
Hive Location and Density. Location of hives must comply with the
following criteria:
(1)
Hives shall not be located within 10 feet of any side or rear
property line unless a flyway barrier is in place, or the hive(s)
are located at least 10 feet above grade.
(2)
Hives shall not be located within a front yard.
(3)
Hives shall not be located within 50 feet of a preexisting swimming
pool or a preexisting kenneled animal.
(4)
Apiaries are not permitted within 10 feet any buildings located
on adjacent properties.
B.
Maximum Number of Hives.
(1)
For a property with a minimum of 10,000 square feet of lot area,
a beekeeper is permitted to keep two hives. For each additional 2,000
square feet of lot area, the beekeeper is permitted two additional
hives.
(a)
Exceptions. A beekeeper may exceed these regulations under the
following conditions:
1)
As part of normal honeybee colony management, a beekeeper may
also keep, in addition to allowable standard hives, for up to 45 days
between April 15 and August 15, two nucleus colonies per standard
hive, provided they are used for managing colony strength, to minimize
reproductive swarming, queen rearing or swarm capture.
2)
For each allowed hive, a single nucleus hive may be kept from
August 16 to April 14 to allow a beekeeper to mitigate winter bee
losses.
3)
Apiaries that are preexisting prior to enactment of this section shall not be subject to the limitations of Subsection 3B and shall not exceed the number of hives active at the time of the section and shall be confirmed by the preexisting apiary registration of the location as reported by the Department.
C.
Hive Density.
(1)
Consider reasonable hive densities for given locations. Factors
influencing hive density in an area may include human density, quality
and quantity of plants, and number of bee hives already present. Beekeepers
and educational venues with a beekeeping component may have varying
numbers of colonies in an area depending on many factors, including
normal agricultural operations, pollination and other contractual
requirements, queen bee and/or nucleus colony production, honey production
and educational needs.
(2)
The Pennsylvania Apiary Advisory Board strongly recommends seeking
expert advice from the Pennsylvania State Beekeepers Association,
the Penn State Center for Pollination Research, the Pennsylvania Department
of Agriculture, local beekeeping associations, universities and colleges
with an apiary program in order to determine optimal hive densities.
D.
Hive Type, Orientation and Maintenance.
(1)
All beekeepers shall comply with rules and regulations set forth
by the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq.,
as amended.
(2)
All beekeepers shall, to the best of their ability, maintain
their colonies per the Voluntary Best Management Practices for Maintaining
European Honeybee Colonies in the Commonwealth of Pennsylvania as
provided and amended by the Pennsylvania Apiary Advisory Board.
(3)
To the extent possible, hive entrances shall face away from
the closest neighboring property and in such a direction that the
bees fly across the beekeeper's property at sufficient distance
to gain a height of at least six feet at the property line. The use
of barriers may be employed to redirect the bees' flight pathway
and establish bee flight pathways above six feet. Should the flight
path not be able to be obtained as described above, then a flyway
barrier shall be placed at least six feet in height, shall be placed
along side of the hive(s) that contains the entrance to the hive(s),
shall be located within five feet of the hive(s) and shall extend
at least two feet on either side of the hive(s). A flyway barrier
shall consist of a fence, vegetation, hedge, or a combination thereof.
No flyway barrier is required for hive(s) that are located greater
than 10 feet from property lines or on porches, balconies or rooftops
that are at least 10 feet above grade except on adjacent properties
where such porch, balcony or roof is located less than 10 feet from
a property line.
(4)
A supply of fresh water shall be maintained in a location readily
accessible to all bee colonies on the site throughout the day to prevent
bees from congregating at neighboring swimming pools or other sources
of water on nearby properties between April 1 through November 1.
(5)
All beekeepers shall ensure that no bee comb or other materials
that attract honeybees are left upon the ground of the apiary site.
Upon removal from the apiary, all such materials shall be properly
maintained in a sealed container or placed within a building or other
bee-proof enclosure, so long as bees are kept on the property.
4.
Inspection. If an inspection is required as a result of a nuisance
complaint, the designated municipal code enforcement officer will
inspect the property only and not the bee hives. It is recommended
that the state or local beekeeping organization be contacted to assist
in understanding how the complaint arose and to what extent it is
actually caused by the honeybees/beekeeper (i.e., "bee" stings are
often caused by yellow jackets, hornets and wasps and mistakenly blamed
on honeybees because the honeybee colonies can be seen unlike many
other aggressive stinging insects). A notice of 48 hours shall be
given to the beekeeper prior to any inspection.
5.
Nuisance. It shall be unlawful for any beekeeper to keep any hive
in such a manner as to cause any unhealthy condition or purposefully
interfere with the normal use of adjoining properties. By way of example,
and not limited to, the following activities are herby declared a
nuisance and therefore unlawful:
A.
The use of receptacles for honeybees that does not comply with the
Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as amended.
B.
Hive placement and related bee movement such that the bees, without
provocation, interfere with the reasonable freedom of movement of
persons in a public right-of-way, or the location of bees.
[Ord. No. 402, 10/25/2022]
1.
Electric vehicle supply equipment (EVSE) must be installed in compliance
with the most current applicable National Electrical Code standards
as adopted under the Pennsylvania Uniform Construction Code.
3.
All applicable new nonresidential uses shall have one EVSE parking
spot per 50 parking spaces.
4.
Multifamily developments with shared off-street parking shall have
one EVSE parking spot per 50 parking spaces.
5.
Each EVSE off-street parking spot shall be posted with signage indicating
the space is only for electric vehicle charging purposes.
6.
Each EVSE off-street parking spot shall be reserved for use as electric
vehicle reserved parking.
