A.
This article establishes additional specific requirements for certain
specific uses, in addition to the sign, parking, environmental and
other general requirements of this chapter and the requirements of
each district. Wherever two requirements conflict, the stricter requirement
shall apply.
B.
For uses allowed within a specific zoning district as "special exception" or "conditional uses," see the procedures and general standards in §§ 440-25 and 440-26. These §§ 440-41 and 440-42 list a set of additional standards to be used in determining whether a proposed special exception or conditional use should be approved.
C.
No-impact home-based business shall be permitted in all residential
zones of the municipality as a use permitted by right, except that
such permission shall not supersede any deed restriction, covenant
or agreement restricting the use of land nor any master deed, bylaw
or other document applicable to a common interest ownership community.
A.
Each of the following uses shall meet all of the following requirements
for that use:
(1)
Adult use. (This term is limited to the following: adult bookstore,
adult movie theater, massage parlor or adult live entertainment use):
(a)
No such use shall be located within:
[1]
Five hundred linear feet of the lot line of any library, public
park, existing dwelling, or any site marked as a proposed future park
location on any Township Official Map; nor
[2]
One thousand linear feet of the lot line of any primary or secondary
school, place of worship, day-care center or child nursery.
(b)
No such use shall be located within 1,000 linear feet of any
existing "adult use."
(c)
A thirty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 440-79, but with plantings of an initial minimum height of five feet.
(d)
No pornographic material, displays or words shall be placed
in view of persons who are not inside of the establishment. Definite
precautions shall be made to prohibit minors from entering the premises.
(e)
No such use shall be used for any purpose that violates any
federal, state or Township law.
(g)
No such use shall be allowed in combination with the sale of
alcoholic beverages.
(h)
The use shall not include the sale or display of "obscene" materials,
as defined by state law, as may be amended by applicable court decisions.
(i)
These uses are specifically prohibited in all districts except where specifically permitted by Article III.
(j)
A minimum lot area of two acres is required.
(k)
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers. No room
of any kind accessible to customers shall include less than 150 square
feet.
(l)
No use may include live actual or simulated sex acts or any
sexual contact between entertainers or between entertainers and customers.
(m)
Only lawful massages as defined by state court decisions shall
be performed in a massage parlor.
(n)
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except within a permitted
lawful adult live entertainment use.
(o)
Any application for such use shall state the names and home
addresses of a) all individuals intended to have more than a 5% ownership
in such use or in a corporation owning such use, and b) an on-site
manager responsible to ensure compliance with this chapter on a daily
basis. Any changes to such information shall be updated at the beginning
of each year, in writing, to the Zoning Officer.
(3)
After-hours club. See State Act 219 of 1990, which generally prohibits
this use.
(4)
Agricultural business/industry as a principal use.
(5)
Airport or heliport (other than a heliport as an accessory use to
a hospital that is used for purely emergency medical uses).
(a)
Minimum lot area for airport: 25 acres for a private airport
and 50 acres for a public airport.
(b)
Minimum lot area for heliport: two acres in an industrial district
and 15 acres in any other district.
(c)
Airplane runways shall be oriented to minimize the hazards and
disturbance posed by aircraft during takeoff and landing.
(d)
The site and its design shall be approved by the Pennsylvania
Bureau of Aviation and the Federal Aviation Administration.
(e)
The proposed expected flight paths shall be designed to minimize
noise hazards to existing residences or approved residential developments.
(f)
The end of any runway shall be a minimum of 1,000 feet and the
landing pad of a heliport shall be a minimum of 300 feet from any
existing dwelling which the applicant for the airport or heliport
does not own or have an agreement of sale. Any portion of a runway
or heliport shall be 75 feet from any other lot line.
(g)
Conditions. The Zoning Hearing Board may place such necessary
and reasonable conditions on the use to carry out the objectives of
this chapter, including to avoid noise nuisances. These include limiting
the types and sizes of aircraft, the hours of operations, the numbers
of flights and the general direction of approach. However, such Board
shall not place any conditions on the use that will seriously interfere
with the safety of the operations.
(6)
Animal cemetery.
(a)
All the regulations for a "cemetery" in this section shall apply.
(b)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use will be conducted in such a manner that
the public health and groundwater quality will not be threatened.
(c)
Any crematorium shall be set back a minimum of 250 feet from
any residential lot line.
(d)
The applicant shall prove to the satisfaction of the Zoning
Officer, based upon review by the Township Solicitor or Zoning Hearing
Board Solicitor, that the use will include an appropriate financial
system to guarantee perpetual maintenance.
(7)
Auditorium, commercial or nightclub.
(a)
A forty-foot-wide buffer yard shall completely separate the
structure and all off-street parking areas from any lot line of any
residential lot.
(b)
The structure of a commercial auditorium or nightclub with a
capacity of 250 or more persons shall be set back a minimum of 250
feet from the lot line of any residential use or residential district.
(8)
Auto, boat or mobile/manufactured home sales.
(d)
A clear sight triangle shall be established in accordance with
this chapter at all driveways and intersection areas where these items
for sale are parked or located for display.
(e)
For any sales of mobile/manufactured homes, a minimum lot area
of two acres shall be required.
(f)
Any mobile/manufactured homes on a sales site shall meet the
required principal building setbacks from the perimeter lot lines.
(g)
The applicant shall supply the Township proof of a state license
to sell automobiles, mobile homes, etc., prior to operating this use.
(9)
Auto repair garage.
(a)
All paintwork shall be performed within a building, with a fume
collection and ventilation system that directs fumes away from any
adjacent dwellings. Outdoor major repairs (such as body work and grinding)
and outdoor welding shall not occur within 250 feet of a residential
lot line.
(c)
Outdoor storage of motor vehicles shall not be within a paved area setback required by § 440-61 nor a required buffer yard nor, in any case, within 20 feet of a residential lot line.
(d)
Overnight outdoor storage of junk other than permitted junk
vehicles shall be prohibited within view of a public street or a dwelling.
(e)
An individual "junk vehicle" (as defined by Article II) shall not be stored within view of a public street or a dwelling for a total of more than 20 days. No junk vehicles shall be stored within 20 feet of an existing street right-of-way line. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.
(f)
Service bay doors shall not face directly towards an abutting
dwelling (not including a dwelling separated from the garage by a
street) if another reasonable alternative exists.
(10)
Auto service station.
(b)
All activities except those to be performed at the fuel or air
pumps shall be performed within a building. The use shall not include
spray painting.
(c)
Fuel pumps shall be at least 25 feet from the existing street
right-of-way and shall meet side yard principal building setback requirements.
(d)
Overnight outdoor storage of junk shall be prohibited within
view of a public street or dwelling. Any junk vehicle stored outside
overnight shall be screened from view of adjacent dwellings.
(e)
An individual "junk vehicle" (as defined by Article II) shall not be stored within view of a public street or a dwelling for more than a total of 20 days. No junk vehicles shall be stored within 20 feet of an existing street right-of-way. No more than three junk vehicles shall be stored on the lot outside of an enclosed building at any point in time.
(f)
There shall be an ability for a minimum of four vehicles to
be serviced at each cluster of gasoline pumps or to be lined up behind
cars being serviced, without obstruction of access into or out of
the driveways from public streets.
(g)
The use may include a convenience store if the requirements
for such use are also met.
(11)
Bed-and-breakfast use.
(a)
Within a residential district, a maximum of five rental units
shall be provided, no more than four persons may occupy one rental
unit and no more than a maximum of 12 guests total may occupy the
facility at one point in time. In any case, uses involving 20 or more
guests shall be considered a hotel or motel.
(b)
One off-street parking space shall be provided for each rental
unit. The off-street parking spaces for the bed-and-breakfast shall
be located either to the rear of the principal building or screened
from the street and abutting dwellings by evergreen screening.
(c)
At least one bathroom shall be provided for every three rental
units, plus one bathroom for the operators.
(d)
There shall not be any signs, show windows or any type of display
or advertising visible from outside the premises, except for a single
nonilluminated sign with a maximum sign area of four square feet on
each of two sides and with a maximum height of eight feet.
(e)
The use shall have a residential appearance and character.
(f)
The use shall be operated by permanent residents of the lot.
(g)
There shall not be separate cooking facilities in any guest
room. Food shall only be served to guests who are staying overnight.
(h)
No guest shall stay for more than 14 days in any month.
(i)
The use of any amenities provided by the bed-and-breakfast,
such as swimming pool or tennis court, shall be restricted in use
to the clientele and permanent residents of the establishment and
their occasional invited guests.
(j)
The applicant shall prove that any existing on-lot septic system
is sufficient in size and that there is no visible sign of failure
of the system.
(k)
Shall be restricted to buildings that existed prior to January
1, 1940.
(l)
Shall have a minimum setback from all residential lot lines
of 10 feet in the VC and VR Districts and 25 feet in any other district
where permitted.
(12)
(13)
Boardinghouse (or rooming house).
(a)
Minimum lot area: 1.5 acres.
(b)
Minimum setback from all lot lines: 50 feet.
(c)
Minimum lot width: 200 feet.
(d)
Maximum density: four bedrooms or eight persons per acre.
(e)
Each sleeping room shall be limited to two persons each.
(f)
A twenty-foot-wide buffer yard with screening meeting § 440-79D shall be provided between any boardinghouse building and any abutting single-family detached dwelling that is within 100 feet of the proposed boardinghouse building.
(g)
Interior space. A minimum of 400 square feet of interior floor
space per resident.
(h)
Maximum number of residents: 20.
(i)
See also standards for personal care home, which is a separate
use.
(j)
Signs shall be limited to two wall signs with a maximum of two
square feet each.
(k)
Rooms shall be rented for a minimum period of five consecutive
days.
(14)
Bus terminal, intercity. For regular scheduled service between
metropolitan areas; bus stations and bus stops for local bus service
and school buses are not regulated by this chapter.
(a)
Street access from the bus station to an arterial street or
an expressway shall not require driving on a local street that is
primarily residential.
(b)
Shall provide an area for the loading and unloading of buses
separate from required off-street parking areas, and a separate area
for pickup and dropoff of persons from private vehicles.
(c)
May be an accessory use to a permitted principal commercial
use (such as a shopping center or restaurant), provided that the applicant
proves to the Zoning Officer that there is adequate room for movements
by the bus on the site or an adequate street shoulder for stops.
(d)
Shall have a minimum lot size of five acres.
(15)
Campground.
(a)
Structures used for sleeping quarters shall not be within the
100-year floodway.
(b)
For each acre of total lot area, there shall be a maximum average
of a) two recreational vehicle sites, b) four tent sites or c) cabin
sleeping capacity for eight persons. Such sites may be clustered in
portions of the tract.
(c)
Maximum impervious coverage: 10%.
(d)
Any store shall be limited to sales of common household and
camping items to persons camping on the site.
(e)
A commercial campground shall include at least one gravel or
paved entrance road from a public street, with a minimum width of
20 feet.
(f)
Minimum lot area: eight acres.
(g)
All campsites, recreational vehicle sites, buildings and vehicle
parking shall be set back a minimum of 150 feet from all residential
lot lines. Any existing healthy trees within such setback shall be
preserved, except at needed perpendicular crossings.
(16)
Car wash.
(a)
Traffic flow and ingress/egress shall not cause traffic hazards
on adjacent streets.
(b)
On-lot traffic circulation channels and parking areas shall
be clearly marked.
(c)
Adequate provisions shall be made for the proper and convenient
disposal of refuse. The applicant shall provide evidence that adequate
measures will be in place to prevent pollutants from being washed
into the groundwater or waterways. Any chemicals that may be hazardous
to aquatic life shall be stored within an area that will completely
contain any leaks or spills.
(d)
Water used in the operation shall be collected, and shall not
flow into any storm sewers or waterways or the groundwater outside
of an approved on-lot septic system.
(e)
Water from the car wash operation shall not flow onto sidewalks
or streets to prevent hazards from ice.
(f)
Any car wash that is located within 250 feet of an existing
dwelling shall not operate between the hours of 9:00 p.m. and 7:00
a.m.
(g)
Central sewer shall not be required if the car wash operation
consists of 95% or more recycled water.
(17)
Care and treatment center for youth.
(a)
Each building at the time of occupancy shall have adequate access
for service by emergency vehicles.
(b)
In addition to meeting all other natural resource protection
regulations of the Township, no buildings shall be constructed on
areas with a natural slope of 25% or greater.
(c)
No outdoor light within 200 feet of a residential lot line (not
including land owned by the County of Lehigh) shall be placed at a
height exceeding 20 feet. No other outdoor light shall be placed a
height exceeding 35 feet, except lighting necessary around athletic
fields may be 60 feet in height. All lighting shall be properly directed
downward and inward on the property, and be shielded to avoid glare
beyond a residential lot line.
(d)
Any helipad shall only be used for medical emergencies.
(e)
No dispensing of motor fuel into on-road motor vehicles shall
occur on-site.
(f)
For any raising of livestock, the applicant shall submit a plan
to the Township stating how manure will be properly stored and disposed
of to avoid health hazards, noxious noise, and other nuisances. Any
raising of livestock shall clearly be accessory to the principal use
of the property.
(g)
No new buildings (other than guardhouses), vehicle parking spaces,
active recreation facilities or sewage treatment facilities shall
be located within 200 feet of any residential lot line (other than
property owned by the County of Lehigh).
(h)
No indoor or outdoor area used for the keeping of animals (such
as, but not limited to, stables and fenced exercise areas) or outdoor
camping area shall be located within 500 feet of any residential lot
line (other than property owned by the County of Lehigh).
(i)
The Zoning Hearing Board may require sufficient landscaping,
earth berms, security measures and similar methods as are necessary
to buffer potentially nuisance-causing uses from residential lot lines.
(j)
Plant screening meeting the requirements of § 440-79 shall be provided between any barns or shelters used for livestock and any dwelling that would have views of such barns or shelters.
(k)
The care and treatment programs shall clearly be designed to
primarily serve persons up to age 19. Persons up to age 21 may be
served on an occasional nonroutine basis. The care and treatment programs
shall not serve persons age 21 or older except for occasional related
counseling to family members of younger persons being served.
(l)
Recreation facilities shall not be used for commercial purposes
but may be rented to nonprofit and school groups for recreation.
(18)
Cemetery.
(a)
Minimum lot area: two acres, which may be on the same lot as
a place of worship.
(b)
A crematorium, where permitted by Article III, shall be set back a minimum of 250 feet from all residential lot lines.
(c)
All structures and graves shall be set back a minimum of:
(d)
No grave sites shall be located within the 100-year floodplain.
(e)
The applicant shall prove to the satisfaction of the Zoning
Officer, based upon review by the Township Solicitor, that the use
will include an appropriate financial system to guarantee perpetual
maintenance.
(19)
Communications towers, communications antennas, and communications
equipment buildings, commercial, as an accessory or principal use.
(See also "antenna, standard").
(a)
General requirements.
[1]
A freestanding commercial communications antenna/tower with
a height greater than 50 feet above the natural ground level shall
not be located in a residential district.
[2]
The base of a freestanding antenna/tower shall be surrounded
by a secure fence with a minimum height of eight feet.
[3]
Any freestanding tower/antenna that is higher than 50 feet and is within 100 feet of a public street or dwelling shall be surrounded (except at the driveway crossing) by evergreen screening or preserved existing trees meeting the requirements of § 440-79D.
[4]
A communications tower, communications antenna or communications
equipment building used for emergency communications by a police department,
fire company or emergency medical organization is not regulated by
this chapter.
[5]
For any antenna/tower, the antenna/tower design must be a monopole
and shall be painted and or constructed to blend with the surrounding
environment.
(b)
Communications towers/antenna and equipment buildings.
[1]
Prior to construction or installation of a communications tower/antenna
or communications equipment building, the applicant must provide evidence
that the applicant is licensed by the Federal Communications Commission
to operate the communications tower and/or antenna.
[2]
Prior to construction of a new communications tower, the applicant
must demonstrate that the height of the communications tower is the
minimum height necessary for the tower to perform its intended function.
[3]
Prior to construction of a new communications tower, the applicant
must provide evidence of efforts on behalf of the applicant to mount
the proposed communications antenna on an existing building or structure,
or to co-locate the proposed antenna on an existing communications
tower. The evidence required under this section shall include all
owners of potentially suitable structures, buildings, and/or towers,
within a two mile radius of the proposed communications towers site
have been contacted and no less than one of the following reasons
exists for deleting such site as a feasible location:
[a]
The structural capacity of the existing structure,
building, and/or tower is insufficient and upgrading such structure,
building, or tower would require a prohibitive cost.
[b]
Selection of the potential location would result
in radio frequency interference with existing equipment that could
not be eliminated at a reasonable cost.
[c]
The potential existing structures, buildings, and/or
towers lack adequate space, access, or height to provide the applicant's
proposed equipment and provide for its intended function.
[d]
Electromagnetic radiation would exceed Federal
Communications Commission standards regarding human exposure to electromagnetic
radiation with the addition of the applicant's equipment.
[e]
Applicant cannot reach a commercially reasonable
agreement with the owner or owners of the existing structures, buildings,
and/or towers.
[4]
Applicant shall submit, with its zoning application, a written
report documenting the findings of the applicant that all potential
alternatives and co-location sites are unacceptable. Supporting data,
documentation and exhibits necessary to evaluate the applicant's conclusion
must accompany the zoning application. Applications omitting documentation
for this requirement shall be returned to the applicant by the Zoning
Officer. The applicant's site plan, in addition to complying with
other sections of the North Whitehall Township ordinances, shall also
set forth the following:
[a]
The access for any new communications tower, antenna,
and communications equipment building shall be provided by way of
a public street or an easement to a public street. Any access other
than directly from a public street or existing parking lot shall be
subject to the commercial driveway requirements of this chapter.
[b]
The location of the proposed communications tower/antenna
shall be shown on the subject lot or parcel. A communications tower/antenna
may not be located on a lot which is nonconforming as to lot size
and width requirements for the applicable zoning district in which
the lot is located.
[c]
A proposed communications tower shall be situated
on a lot to provide a safety fall zone or setback free of any structures,
other than a communications equipment building, equal to the height
of the communications tower, plus a safety margin of 10% of the tower
height from all lot lines and existing street right-of-way lines.
The safety fall zone shall be shown on the lot using a radius of 360°
from the base of the proposed communications tower or antenna.
[d]
The foundation, base and communications equipment
building, if any, shall be landscaped with evergreen screening from
abutting properties.
[e]
Any communications equipment building shall comply
with the required setbacks and height requirements of the applicable
zoning district.
[f]
The base of a communications tower shall be secured
by a fence with a minimum height of eight feet to deter access by
the public.
[g]
All anchor points and/or all guide wires used in
connection with communications towers shall be located within the
fenced enclosure provided for the communications towers. The enclosure
shall be provided so that the fencing encloses the guide wires until
they reach a height of eight feet above the ground surface.
[h]
One off-street parking space shall be provided
within the fenced area for the communications tower.
[5]
The maximum height of any communications tower or communications
antenna shall be 150 feet.
[6]
The applicant must submit evidence that the proposed communications
tower/antenna is certified by a Pennsylvania registered professional
engineer verifying the proposed communications tower will be designed
and constructed in accordance with the current structural standards
for steel antenna towers and antenna supporting structures, as issued
by the Electrical Industrial Association/Telecommunications Industry
Association and applicable requirements of the North Whitehall Township
Building Code, if any.[2]
[7]
A certificate of insurance evidencing general liability coverage
in a minimum amount of $1,000,000 per occurrence and property damage
coverage in a minimum amount of $1,000,000 per occurrence covering
the communications tower and communications antenna.
[8]
No signs or lights shall be mounted on a communications tower,
except those that may be required by the Federal Communications Commission,
Federal Aviation Administration or other governmental agency that
has jurisdiction over the subject parcel.
[9]
The communications tower shall be protected and maintained,
including warning lights, in accordance with industry standards.
[10]
Should any communications tower remain unused
for a period of 18 consecutive months, the property owner shall dismantle
and remove the communications tower within six weeks of the expiration
of such 18 months period. If the property owner is not the operator
of the communications tower, the owner shall cause the operator to
dismantle and remove the communications tower within the above prescribed
time period.
[11]
In light of technical advances and the likelihood
of tall communications towers becoming obsolete, the Township has
taken a proactive stance with regard to possible future abandonment.
With each application, an applicant shall submit a written signed
estimate from a qualified demolition expert experienced in dismantling
communications towers of the type and height proposed by the applicant
stating the current estimated cost of safely dismantling and removing
the proposed communications tower and communications equipment building,
if any, from the lot in the event such tower and equipment fall into
disrepair or disuse. Upon obtaining zoning approval and before any
construction is permitted to begin, the applicant shall submit to
the Township Zoning Officer financial security in the form of cash
or a check for an escrow account, an irrevocable letter of credit,
a bond, or similar financial security, acceptable to and approved
by the Township Solicitor, in an amount equal to the amount of the
written estimate for the removal of the communications tower and equipment
building, if any, plus 10% as security for the safe removal of the
communications tower/antenna and equipment building, if any. Said
financial security shall remain posted with the Township until said
communications tower/antenna and equipment building, if any, is safely
dismantled and removed from the site. Every five years, the owner
of the communications tower/antenna and equipment building, if any,
shall submit an updated written and signed demolition and removal
estimate evidencing a cost that is then current. If the owner of the
communications tower/antenna and equipment building, if any, fails
to timely submit said demolition and removal estimate, the Township
shall be entitled to obtain same at the cost of the owner of the communications
tower/antenna and equipment building, if any, and charge the cost
of same against the posted financial security.
(c)
Communications antennas and equipment buildings. The following
shall apply to all communications antennas and communications equipment
buildings:
[1]
Communications antennas mounted on buildings shall not be located
on a single-family or multiple-family dwelling.
[2]
Communications antennas mounted on buildings are permitted at
a height maximum of 20 feet higher than the height limitation for
the building in the applicable zoning district.
[3]
Monopole or omnidirectional communications antennas shall not
exceed 150 feet in height and seven inches in diameter.
[4]
Directional or panel communications antennas shall not exceed
five feet in height and three feet in width.
[5]
Any application for a proposed communications antenna to be
mounted on a building or other structure shall be accompanied by written
documentation that the proposed installation will not exceed the structural
capacity of the building or other structure, considering wind and
other loads associated with the antenna location, said documentation
being certified by a Pennsylvania professional engineer.
[6]
Detailed construction and elevation drawings indicating how
the antennas will be mounted shall be required for any applicant proposing
to install a communications antenna on a building or other structure.
The construction and elevation drawings shall be submitted for review
by the Zoning and/or Code Enforcement Officer for compliance with
the Townships Building Code and other applicable laws. Evidence of
agreements with and/or easements from the owner of the building or
other structure proposed for communications antenna installation shall
be supplied with the application. This documentation shall assure
that installation and maintenance of the proposed communications antenna
and equipment can be accomplished.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[7]
Communications antennas shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
[8]
Communications antennas shall not cause radio frequency interference
with other communications facilities located in North Whitehall Township.
[9]
A communications equipment building shall be subject to the
height and setback requirements of the applicable zoning district.
[10]
The owner and/or operator of communications antennas
shall be licensed by the Federal Communications Commission to operate
such antennas.
(d)
Procedure. An application for a zoning permit under this section
of this chapter shall include the submission of 14 sets of site plans
to the Zoning Officer. Additionally, the following information shall
be included:
[1]
A statement as to the proposed use of the building or land.
[2]
A site layout, drawn to a scale of not less than one inch equals
50 feet, showing the location, dimensions and height of proposed buildings,
structures, or uses and any existing buildings in relation to property
and street lines. If the application relates to a staged development,
the plans shall set forth the relationship of the portion scheduled
for initial development to the overall proposed layout of the entire
property.
[3]
The location and dimension of yards, buffer yards, and methods
of materials for screening.
[4]
Motor vehicle access, off-street parking, and off-street loading
and unloading, if any, and proposed lighting for each of such areas.
[5]
The dimensions, location and illumination of signs, on the site,
if any.
[6]
Set forth proposals for the treatment and disposal of sewage,
waste, water supply and storm drainage.
[7]
The location and arrangement of buildings used or intended for
use as dwelling purposes and the location and dimensions of sidewalks,
if any.
[8]
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, glare, air pollution, water pollution, fire hazards, traffic
congestion or other safety hazards.
[9]
The proposed methods to be used to control the above itemized
hazards.
[10]
Any other data deemed necessary by the Zoning
Officer, Planning Commission or Zoning Hearing Board to enable it
to determine the compliance of the proposal with the terms of this
chapter.
[11]
The Zoning Officer shall submit a written report,
based upon the submission of the applicant together with the site
plans, to the Township Planning Commission for review. The Zoning
Officer's submission to the Planning Commission shall occur within
10 working days of the site plan submission.
[12]
The Planning Commission shall, within 45 days
of receipt of said site plans and report from the Zoning Officer,
review and submit a recommendation to the Zoning Hearing Board of
North Whitehall Township. In the absence of a timely action on the
part of the Planning Commission, the Township Zoning Hearing Board
shall proceed with its own review.
[13]
The applicant shall provide proof of compliance with the Township Airport Approach Ordinance (Ord. No. 82-1, Chapter 130, Airport Zoning, of this Code). Please see the North Whitehall Township Floodplain Ordinance (Chapter 242, Floodplain Management), enacted November 7, 2001, as may be amended, for provisions regarding floodplain and flood-prone areas, building restrictions and requirements and related ordinance provisions.
(20)
Conversion of an existing building (including an existing dwelling) into dwelling units. (Except see § 440-42 for the development of one accessory apartment within a single-family detached dwelling.)
(a)
Applicable state fire safety requirements shall be met.
(b)
Sewer and water service. The applicant shall prove that any
on-lot septic system and on-lot well is adequate to serve the expanded
use. In addition, there shall be no discernible evidence that a septic
system is failing.
(c)
The following regulations shall apply to the conversion of an
existing single-family detached dwelling into a greater number of
dwelling units:
[1]
The building shall maintain the appearance of a single-family
detached dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. The dwelling units
may internally share the single front entrance.
[2]
The conversion shall not be permitted if it would require the
placement of an exterior stairway on the front of the building, or
would require the placement of more than three off-street parking
spaces in the required front yard.
(d)
A previously residential building shall maintain a clearly residential
appearance, except as may be necessary for restoration of a historic
building.
(e)
Separate cooking and sanitary facilities shall be provided for
each dwelling unit.
(f)
Off-street parking lots with four or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of § 440-79.
(i)
Unless a more restrictive provision is established by another
provision of this chapter, the following minimum average amount of
lot area per dwelling unit shall be provided:
(j)
This use shall be limited to within a principal building in
existence prior to December 31, 1994.
(k)
A maximum total of four dwelling units may be developed per
lot unless a more restrictive provision is established by another
section of this chapter.
(l)
Each unit shall meet the definition of a dwelling unit.
(21)
Crop storage, commercial.
(a)
Any indoor storage shall not occur in ways that threaten a serious
explosive hazard.
(b)
Indoor crop storage structures over 50 feet in height shall
be set back a minimum of 100 feet from a residential lot line.
(c)
In a residential district, shall have a maximum building coverage
of 15%, unless a more restrictive provision is established by another
section.
(22)
Day-care center, child.
(b)
The use shall comply with any applicable state and federal regulations,
including having an appropriate Pennsylvania Department of Human Services
(or its successor agency) registration certificate or license.
(c)
Convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.
(d)
In residential districts, where permitted as a principal use,
shall have a minimum lot area of 20,000 square feet and a minimum
setback of 15 feet from an abutting residential lot line.
(e)
Shall include adequate measures to ensure the safety of children
from traffic or other nearby hazards. This shall include a secure
fence around any outdoor areas abutting streets that are routinely
used for outdoor play.
(f)
Outside play areas in residential districts shall be limited
to use between 8:00 a.m. and 8:00 p.m. if located within 200 feet
of an abutting dwelling.
(g)
Outdoor play areas of a day-care center involving the care of
25 or more children at any one time shall be set back a minimum of
25 feet from the exterior walls of an abutting existing occupied dwelling.
(h)
This use shall not be conducted in a dwelling that is physically
attached to another dwelling that does not have a common owner.
(i)
In residential districts, any permitted day-care use shall maintain
an exterior appearance that resembles and is compatible with any existing
dwellings in the neighborhood.
(j)
A day care use may occur in a building that also includes permitted
or nonconforming dwelling units.
(k)
See also the standards for a "place of worship" in this section,
which allows a day-care center as an adjunct use.
(l)
If an on-lot septic system is to be used, the applicant shall
provide evidence to the Township that the system will be adequate
for the proposed use.
(24)
Drive-in theater. See "theater, outdoor" in this section.
(25)
Dwellings in combination with a principal business use.
(a)
The dwelling units shall be within the same building as the
business use.
(b)
The dwellings shall not in any way interfere with the ability
of the business use to meet the requirements of this chapter.
(c)
The dwellings shall be served by at least one doorway to the
outside that is separate from the doorway to the business.
(d)
All applicable fire protection, safety and housing codes shall
be met.
(26)
Earth, sand or gravel extraction. See "mineral extraction" in
this section.
(27)
Emergency services station. The applicant shall show that the
proposed location will have safe access towards arterial and collector
streets, will be well located to serve the service area and is designed
in coordination with the facility needs and services of other emergency
service providers.
(29)
Fairgrounds.
(a)
For occasional accessory special events, see the temporary use provisions of § 440-14G instead of the provisions of this § 440-41.
(b)
The fairgrounds shall be owned by an incorporated nonprofit
organization.
(c)
The fairgrounds shall primarily exist to offer agriculturally
related and horticultural exhibitions and shows. These exhibits may
include, but are not limited to, 4-H round-ups and competitive displays
of livestock and pets.
(d)
To provide financial support for facilities needed for agricultural
exhibits and shows, such facilities may also be used for trade shows,
boat shows, recreational vehicle shows, hobby shows, camping shows,
fishing and hunting shows, and closely similar activities, and food
stands to serve attendees at such events.
(e)
The applicant shall, at least once a year, submit an operations
plan to the Board of Supervisors to prove that adequate traffic control,
parking arrangements, security provisions and sanitary facilities
will be provided during activities expected to attract large numbers
of the general public.
(f)
During a single total maximum nine-day-long "Fair Week" in a
calendar year, the facilities may be used for lawful commercial recreation
activities (in addition to types listed above), such as amusement
park rides, commercial games and musical concerts.
(g)
The provisions of this section shall not limit routine and customary
accessory activities on the property of a Township-recognized fire
company, such as small games of chance and fund-raising breakfasts.
(h)
The use shall be open to the public the following maximum hours:
8:00 a.m. to 10:00 p.m., except during a single total maximum nine-day-long
"Fair Week" in a calendar year, the use may be open to the public
until 12:00 midnight. The use shall be open to the public a maximum
of three days in any week, except during a single total maximum nine-day
long "Fair Week."
(i)
The Zoning Hearing Board may establish additional conditions
regarding setbacks, hours of operation, days of operation, types of
uses, lighting, traffic control and similar issues to prevent nuisances
and hazards.
(30)
Financial institution. Any drive-in window(s) and waiting lane(s)
shall be located and have capacity for sufficient numbers of vehicles
to ensure that traffic conflicts and hazards are avoided within the
site and along the streets and highways adjoining the use. The waiting
lane(s) shall allow customers to exit from a long line at some point
if the customers no longer wish to wait.
(31)
Forestry, commercial (excluding plant nursery).
(b)
A forestry management plan shall be prepared and followed for
any commercial forestry involving more than two acres. This plan shall
be prepared by a professional forester.
(c)
The forestry management plan shall be consistent with the timber
harvesting guidelines of the Pennsylvania Forestry Association.
(d)
Clear-cutting shall be prohibited except on tracts of less than
two acres. This provision shall not apply to state game lands where
clear-cutting is done to benefit the natural habitat.
(e)
On tracts larger than two acres, at least 25% of the forest
cover (canopy) shall be kept and the residual trees shall be well
distributed. At least 25% of these residual trees shall be composed
of higher value species as determined by a professional forester.
(f)
An erosion and sedimentation control plan shall be submitted
to the County Conservation District for any review and recommendation.
(g)
The forestry management plan shall include an appropriate method
to ensure reforestation, except for areas approved for a permitted
use.
(h)
Commercial forestry is prohibited on areas with slopes greater
than 25% or within the 100-year floodway.
(i)
Permit/plan filing with the Township is required. Restrictive
covenants for reforestation are required.
(32)
Funeral home. Minimum lot area: two acres.
(33)
Golf course.
(a)
The course shall be designed so that golf balls are unlikely
to routinely enter public streets or property that is not part of
the golf course.
(b)
A clubhouse, retail sales of golf supplies, maintenance building
and/or restaurant may be permitted as an accessory use if located
a minimum of 250 feet from any residential lot line. All buildings
shall be set back a minimum of 100 feet from any lot line, other than
lots occupied by a principal business use.
(c)
Minimum lot area: 35 acres in a residential district.
(d)
Any outdoor lighting shall be located and designed in such a
way that it does not generate more light onto residential properties
than what is customary in a residential neighborhood.
(e)
Maximum building coverage: 5%.
(f)
Maximum impervious coverage: 10%.
(g)
Fairways and greens shall be set back a minimum of 40 feet from
the lot line of any existing dwelling.
(i)
A golf course may include a driving range, if the area occupied
by the users is set back a minimum of 250 feet from any residential
lot line.
(34)
Group home.
(b)
Supervision. There shall be adequate supervision as needed by
an adequate number of person(s) trained in the field for which the
group home is intended.
(c)
Certification. Any group home involving five or more unrelated
persons living in a dwelling unit or that is otherwise required to
be licensed or certified under an applicable state, county or federal
program shall be certified or licensed, as applicable, as a condition
of Township approval. A copy of any such license or certification
shall be filed with the Township, and shall be required to be shown
to the Zoning Officer in the future upon request. The group home shall
notify the Township, in writing, within 14 days if there is a change
in the type of clients, the sponsoring agency, the maximum number
of residents or if an applicable certification/license expires, is
suspended or is withdrawn.
(d)
Registration. The group home shall register its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Township. Such information shall be available for
public review upon request.
(e)
Counseling. Any medical or counseling services provided on the
lot shall be limited to residents and a maximum of three nonresidents
per day.
(f)
Parking. One off-street parking space shall be provided for each employee on duty at any one time, and every two residents of a type reasonably expected to be capable of driving a vehicle. Off-street parking areas of more than four spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of § 440-79.
(g)
The use shall not meet the definition in Article II of a "treatment center." A group home shall not house persons who can reasonably be considered to be a physical threat to others.
(h)
Appearance. If the group home is within a residential district,
the building shall be maintained and/or constructed to ensure that
it is closely similar in appearance, condition and character to the
other residential structures in the area. No exterior signs shall
identify the type of use.
(i)
The maximum number of persons who may reside in a group home
shall not restrict or include bona fide employees who are needed in
the group home to supervise and care for residents. A group home shall
be regulated by the maximum number of unrelated persons permitted
to live in a dwelling unit under the definition of "family." However,
that number of unrelated persons may be increased to the following
total number for a group home serving physically handicapped persons
or developmentally disabled/retarded persons:
[1]
Single-family detached dwelling with minimum lot area of 30,000
square feet and minimum building setbacks from all lot lines of 25
feet, and provided that approved central sewage service is provided:
eight unrelated persons.
[2]
Any other lawful dwelling unit: five unrelated persons.
[3]
For larger group homes, see "institutional group home."
(j)
Septic. If a group home will use an on-lot septic system and
will involve six or more persons routinely on the premises at any
one time, the septic system shall be required to be reviewed by the
Township Sewage Enforcement Officer to determine if it is adequate.
(k)
Employees of the group home shall be prohibited from having
visitors on the premises, unless such visitation is necessary for
the operation of the group home and except for emergencies.
(l)
See § 440-18E(5), which provides the Zoning Hearing Board with authority to modify these provisions, if necessary, to comply with federal and/or state law.
(35)
Heliport. See "airport or heliport" in this section.
(36)
Hospital.
(a)
A hospital (other than a hospice) use shall be served by at
least two accessways or driveways with a minimum width of 20 feet.
One of these accesses shall be from an arterial or collector street.
(b)
Minimum lot area: 20 acres for a hospital, except two acres
for a use limited to hospice.
(d)
A hospital may include a heliport for emergency medical transportation.
(e)
A maximum total of 75,000 square feet of medical and dental
office space shall be permitted on the lot of a hospital, in addition
to administrative offices of the hospital itself.
(37)
(38)
Institutional group home. All of the requirements for a group
home shall apply, except the maximum number of residents shall be
30 and there shall be a 150-foot minimum building setback from all
residential lot lines. A minimum average of 125 square feet of habitable
interior floor area shall be provided per person.
(39)
Junkyard. (includes automobile salvage yard).
(a)
Storage of garbage or biodegradable material is prohibited,
other than what is customarily generated on-site and routinely awaiting
pickup.
(c)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways shall be provided
throughout the entire use to allow access by emergency vehicles. Adequate
off-street parking areas shall be provided for customers.
(d)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot wide buffer yard which complies with § 440-79, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(e)
Burning or incineration is prohibited.
(g)
All gasoline, antifreeze and oil shall be drained from all vehicles
and properly disposed of. All batteries shall be removed from vehicles
and properly stored in a suitable area on an impervious and properly
drained surface.
(h)
Lot area: three acres minimum; 20 acres maximum.
(40)
Kennel.
(a)
All buildings in which animals are housed and all runs shall
be located at least 200 feet from all residential lot lines.
(b)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any adjacent
principal building.
(c)
No animal shall be permitted to use outdoor runs from 8:00 p.m.
to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs
for dogs shall be separated from each other by visual barriers a minimum
of four feet in height, to minimize dog barking.
(d)
See state law regulating kennels.
(e)
A kennel may be used for breeding.
(f)
Minimum lot area: six acres.
(41)
Limited business option.
(a)
This use shall only be permitted on an undeveloped lot that
was an existing lawful lot of record as of July 1, 1994, and that
included a minimum lot area of 40,000 square feet, and was not further
subdivided after July 1, 1994, and which abuts both a major arterial
street and another public street.
[1]
A limited business option shall not be permitted on any lot
that is merged with another lot after July 1, 1994, or any lot that
involves lot lines that are expanded outward after July 1, 1994.
(b)
A maximum total of four persons shall work on the lot. In any
case, a maximum total of no more than one haircutter or hairstylist
shall work on the premises.
(c)
The use may include only one principal commercial use, which
shall be limited to the following types: child day-care center (within
the regulations of such use), nonmedical office, or personal service
use. The use shall not include any of the following: veterinarian
office, drive-through facility, medical or chiropractic office or
clinic, dental office, restaurant, or retail sales.
(e)
A maximum of 2,500 square feet of building floor area shall
be used for the business use.
(f)
The use shall prove there will be adequate sight distance wherever
the traffic from the use would most likely enter a major arterial
street, based upon PennDOT standards.
(g)
The only exterior commercial signs on the lot shall be a maximum of one wall sign and a maximum of one freestanding sign. The freestanding sign shall have a maximum sign area of 15 square feet on each of two sides. The wall sign shall have a maximum sign area of 10 square feet and be located on only one side of the building. No sign on the lot shall be internally illuminated. See also the glare limitations in Article V. No sign shall face toward an abutting dwelling or primarily onto a residential street, except a necessary and permitted directional sign.
(h)
The use shall be separated from any abutting lot including an existing single-family detached dwelling, or that has been granted subdivision approval for such a dwelling, by a landscaped earth berm as specified in § 440-79. The plant screening required by § 440-79 shall be on the residential side of such berm.
(i)
The applicant shall prove that the proposed point(s) of vehicle
access would be the most reasonable location(s), considering state
requirements, the desire to coordinate access with traffic patterns
along the major arterial street and the intent to discourage through-traffic
on a residential street. If traffic access is approved onto a Township
residential street, the Board of Supervisors may condition the use
approval upon a prohibition of right- or left-hand turns from the
business onto the residential street.
(j)
The use may be combined with one dwelling unit, provided such
dwelling unit is within the same principal building as the business
use.
(k)
All principal and accessory buildings shall be set back a minimum
of 75 feet from any abutting lot that includes an existing single-family
detached dwelling or that has been granted subdivision approved for
a single-family detached dwelling.
(m)
The business use shall only operate in a manner perceptible
from beyond the lot line between the following hours: 1) 7:30 a.m.
to 8:00 p.m. Monday through Friday, and 2) 10:00 a.m. to 5:00 p.m.
Saturday. The use shall not operate on Sunday.
(n)
The applicant shall prove that the business use will not routinely
generate average weekday traffic of greater than 50 trips, based upon
standards of the Institute of Transportation Engineers or other data
acceptable to the Board of Supervisors.
(42)
Livestock, raising of (or "animal husbandry").
(a)
Minimum lot area: five acres, except a minimum lot area of 10
acres and a minimum lot width of 300 feet shall apply for an "intense
raising of livestock" use.
(b)
Any newly developed indoor area used for the keeping of livestock
or indoor or outdoor manure storage areas or feeding areas that are
part of a raising of livestock use shall be located a minimum of 1)
300 feet from residential lot lines, and 2) 100 feet from all other
exterior lot lines. In addition, if a lot involves the indoor keeping
of 2,000 or more poultry, then the structures housing the poultry
shall be set back a minimum of 500 feet from any existing dwelling.
(c)
Any additions to an existing indoor area used for the raising
of livestock or indoor or outdoor manure storage areas or feeding
areas that are part of a raising of livestock use shall be located
a minimum of 150 feet from residential lot lines.
(e)
Fencing shall be used as necessary and practical to prevent
livestock from entering streets or unauthorized property.
(f)
The keeping of minks or garbage-fed pigs shall be set back a
minimum of 600 feet from all lot lines. For any garbage-fed pigs,
the applicant shall provide a written statement of the methods to
be used to control odors, pests, rodents and health hazards.
(g)
For any lot involving the indoor keeping of 2,000 or more poultry, a fifty-foot-wide buffer yard, including an earth berm and plant screening as provided in § 440-79, shall be provided between structures housing the poultry and any abutting or adjacent residential lot line or arterial street.
(i)
A commercial horse riding stable or academy open to the general
public that involves five or more horses shall only be permitted in
the AR, AR-I or AR-L Districts and shall be at least 10 acres in size.
(44)
Migrant farm labor housing. See § 440-42D(17), "Seasonal farm worker housing."
(45)
Mineral extraction.
(a)
Plans required. For the Township review and consideration, the
applicant shall provide the following plans and information.
[1]
Plan of general area (within a one-mile radius of site) at an
appropriate scale (such as drawn upon an enlarged photocopy of the
USGS map) to show:
[a]
Location of proposed site.
[b]
Land use pattern, including building locations
and historical buildings and sites.
[c]
Existing and any proposed streets. For public streets
and bridges that may carry truck traffic from the use, the applicant
shall describe width, any weight limits, types of surfaces and traffic
data.
[d]
Proposed and existing developments.
[e]
Parks, schools and places of worship.
[f]
Existing uses of the property differentiated from
proposed uses.
[3]
Proposed usage.
[a]
Final grading with contours.
[b]
Interior road pattern, its relation to operation
yard and points of ingress and egress to state and Township roads.
[c]
Estimated amount and description of aggregate and
overburden to be removed.
[d]
Ultimate use and ownership of site after completion
of operation.
[e]
Source of water if plan shows use of water.
[4]
Plan of operation showing:
[a]
Proposed tree screen locations.
[b]
Soil embankments for noise, dust and visual barriers
and heights of spoil mounds.
[c]
Method of disposition of excess water during operation.
[d]
Method of controlling runoff in conformity with
state regulations and County Conservation District standards.
[e]
Location and typical schedule of blasting.
[f]
Machinery type (NOTE: the applicant is responsible to ensure compliance with the maximum noise levels in Article V).
[g]
Safety measures. Monitoring of safety complaints
shall be in accordance with requirements of the U.S. Mine Safety and
Health Administration or its successor agency.
(b)
Noise and performance standards. The use shall meet all of the performance standards of this chapter. See Article V.
(c)
Setbacks. No excavation, quarry wall, storage or area in which
processing is conducted shall be located within any of the following:
75 feet of any existing right-of-way of a public street, 200 feet
of any residential district boundary line, 100 feet from any commercial
district boundary line, 50 feet of any other exterior lot line. These
setbacks shall not apply to property that is owned by the owner or
operator of the mineral extraction use.
[1]
Areas within 50 feet of the center line of a mostly perennial
creek or river shall be kept in its natural state, with no structures,
excavation or paving, except for approved perpendicular driveway crossings.
[2]
During grading and backfilling operations, the above setback
requirements may be reduced so that the top of the graded slope is
a minimum of 50 feet from any existing street right-of-way, 125 feet
from any residential or commercial district boundary and 25 feet from
any other exterior lot line.
(d)
Grading. All excavations, except stone quarries, shall be graded
in such a way as to provide an area which is harmonious with the surrounding
terrain, or graded to reflect the way the area was prior to commencement
of extractive operation, not be dangerous to human or animal life
and to provide for sufficient stormwater runoff to avoid any ponding
on the site so graded.
[1]
Excavations, except stone quarries, shall be graded and backfilled
to the grades indicated on the site plan. Grading and backfilling
shall be accomplished continually and as soon as practical after excavation.
Grading and backfilling may be accomplished by use of waste products
of the manufacturing operation or other materials, providing such
materials are composed of nontoxic, noncombustible solids, as approved
by DEP.
[2]
Grading and backfilling shall be accomplished in such a manner
that the slope of the fill or its cover shall not exceed normal angle
of slippage of such material, or 45° in angle, whichever is less.
See setbacks above.
[3]
When excavations, except stone quarries, which provided for
a body of water are part of the final use of the tract, the banks
of the excavation shall be sloped to a minimum ratio of seven feet
horizontal to one foot vertical beginning at least 50 feet from the
edge of the water and maintained into the water to a depth of five
feet.
[4]
Drainage shall be provided, either natural or artificial, so
that disturbed areas shall not collect nor permit stagnant water to
remain.
(e)
Access. Truck access points to the use shall be located to reasonably
minimize hazards on public streets and dust and noise nuisances to
residences.
(f)
Fencing. The Board may require that the excavated area be surrounded
by a secure chain-link fence. As an alternative, the Board may approve
the use of thorny vegetation to discourage public access.
(g)
Planting. When planting is the final use to which the tract
is put, all that is not covered by water shall be covered with topsoil
to a depth of at least six inches or other appropriate depth specified
by the Planning Commission. A planting plan shall be prepared for
the entire finished tract using various types of plant material for
the prevention of soil erosion and to provide vegetation cover. When
buildings are proposed as part of the final use to which the tract
is put, planting in areas adjacent to proposed buildings shall be
planted with a vegetative cover in keeping with the requirements of
the ultimate building purposes.
(h)
Stone quarries. Stone quarries whose ultimate depth shall be
more than 25 feet shall provide the following:
[1]
A screen planting within the setback area required in § 440-41A(45)(c). Such screen shall be at least 25 feet in width with trees and shrubs planted in alternating rows to allow for future growth. The screen shall be set back approximately 10 feet from the excavation so as to keep the excavation clearly visible on the inside of the plantings for safety reasons.
[2]
A chain-link (or equal) fence at least 10 feet high and with
an extra slanted section on top strung with barbed wire shall be placed
at either the inner or outer edge of planting.
[3]
In lieu of Subsection A(45)(h)[1] and [2], the owner may construct a berm within the setback area required for quarries, which berm shall be a minimum of 10 feet high and planted with thorny vegetation on the side facing the property line or street line (or opposite the quarry operation).
[4]
Warning signs shall be placed at intervals of not less than
100 feet around the outer edge of the screen planting area.
(i)
Backfilling and grading. All excavations, or the extraction
pits for sand, gravel, clay, rock or fill ground, shall be backfilled
and graded as per plan approval, or not later than six months from
the day of cessation of operations at that site. Compliance with an
approved reclamation plan under the Surface Mining Control and Reclamation
Act, as amended,[4] shall be deemed to satisfy the requirement of this section.
Any excavation pit, hole, burrow, mine or quarry or the like abandoned
without proper backfilling and grading, as per approved plan, shall
constitute a violation of this chapter.
[4]
Editor's Note: See 30 U.S.C. § 1201 et seq.
(j)
Permit and fees. A zoning permit, following a submittal by the
owner, the operator of the use or his/her authorized representative,
is required for mineral extraction. The fee for extraction or quarrying
permits shall be as set by the Board of Supervisors from time to time,
based on total acreage to be excavated shown on the plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(k)
County Conservation District. A soil erosion and sedimentation
plan shall be prepared by the applicant and found to be acceptable
to the County Conservation District.
(l)
Hours of operation. The Board may reasonably limit the hours
of operation of the use and of related trucking and blasting operations
that are perceptible from dwellings to protect adjacent residential
areas. However, in no case shall the Board restrict operations between
the hours of 7:00 a.m. and 7:00 p.m.
(m)
Additional reviews. At the same time as the application is submitted
for the Zoning Hearing Board, a complete copy of all application materials
and a site plan shall be submitted to the Board of Supervisors and
to the Planning Commission for advisory review. The application shall
be sent to the Township Engineer or an alternate engineer and/or hydrological
expert appointed by the Board of Supervisors for a review. The reasonable
costs of such review shall be paid by the applicant through an escrow
account.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(n)
The applicant shall also submit a copy to the Zoning Officer
of all materials submitted by the applicant to state agencies regarding
an application for this project. The use shall comply with all applicable
state regulations as a condition of Township approvals under this
chapter.
(o)
The applicant shall provide a hydrological study that shall
describe the expected effects of the proposed operations upon well
yields, well-water quality and the movement of any toxic groundwater
contamination in the area, and which shall propose any necessary measures
to control any negative impacts.
(p)
Preemption. It is not the intent of this section to unlawfully
preempt any federal or state law or regulation. Unless a preemption
of this chapter would exist, the most strict and least permissive
requirements shall be in effect where a conflict might exist.
(q)
After areas are used for mineral extraction, those areas shall
be reclaimed in phases to a nonhazardous and environmentally sound
state permitting some productive or beneficial future use, such as
commercial, membership club, or public primarily outdoor recreation.
The applicant shall describe state-required bonding measures to ensure
such reclamation will be completed.
(r)
A seventy-five-foot-wide yard covered by vegetative ground cover
(except at approved perpendicular driveway crossings) shall be required
along all exterior lot lines. Any required landscaping or berming
may be placed within such yard.
(46)
Mobile/manufactured home. Installation on an individual lot
or within a mobile/manufactured home park approved after the adoption
of this chapter.
(a)
Construction. Any mobile/manufactured home placed on any lot
after the adoption of this chapter shall be constructed in accordance
with the Act of November 17, 1982 (P.L. 676, No. 192), known as the
"Manufactured Housing Construction and Safety Standards Authorization
Act,"[5] and bears a label which certifies that it conforms to
federal construction and safety standards adopted under the Housing
and Community Development Act of 1974.[6] (NOTE: These federal standards supersede the Uniform Construction
Code for the actual construction of the home itself.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Each site shall be graded to provide a stable and well-drained
area.
(c)
Each home shall have hitch mechanism removed. It is recommended,
but not required, that the wheels and axles be removed and stored
under the home.
(d)
Anchoring. A mobile/manufactured home on an individual lot or
mobile/manufactured home park shall include a system that secures
the home to the ground to prevent shifting, overturning or uneven
settling of the home, with a secure base for the tie-downs. This shall
involve the following method, unless the applicant proves to the satisfaction
of the applicable Township staff person that another appropriate method
will be used that is recommended by the manufacturer of the home or
by the manufacturing housing industry. The Township may require an
applicant to provide certification by a professional engineer or other
qualified professional that these installation requirements are met.
[1]
Except as provided by Subsection A(46)(g) below, the anchoring system shall consist of concrete piers, or concrete footings perpendicular to the main longitudinal frame, or equivalent and shall be installed from ground level to below the frost line (36 inches minimum). The piers or footings shall be a minimum of four inches greater in width than the concrete blocks used to support the home. Concrete blocks shall have a minimum width of eight inches. This foundation system shall be placed on approximately eight feet centers (unless another distance is specifically recommended in writing by the manufacturer) along each of the two main longitudinal frames for each section of the home, with no more than three feet overhang at each end of the section.
[a]
The Township may review and approve other foundation
options such as concrete trench piers placed perpendicular to the
main longitudinal frame, concrete slabs under the entire home footprint
or equivalent foundation systems.
[2]
The tie-down system shall consist of screw-in earth anchors,
other equivalent earth anchors or one-half-inch-diameter by twelve-inch-long
eyebolts, or approved equivalent U-shaped bars that shall be cast
in place at each corner and at the midpoint of each long side in the
concrete piers, concrete footing, slab or equivalent foundation. Concrete
blocks shall be used to support the home on the foundation system
and metal or masonry shims may be used for final leveling. The concrete
support blocks shall not be wider than the support foundation.
[3]
Each mobile/manufactured home shall be securely anchored or
tied down with cable and turnbuckles or equivalent connecting the
frame to the screw-in earth anchors or cast in place eyebolts as a
minimum on at least four corners and one midpoint of each long side.
The tie-down shall also be in accordance with the manufacturers' recommendations
furnished with each home.
[4]
Mobile homes shall be placed a maximum of four feet above the
surrounding ground area.
[5]
As part of the construction standards for each mobile home,
the U.S. Housing and Urban Development Department requires that each
unit be built to meet certain windstorm protection requirements. [As
of 1993, these regulations in Section 3280.306 of Title 24 of the
U.S. Code included the following statement: "Anchoring equipment shall
be capable of resisting an allowable working load equal to or exceeding
3,150 pounds and shall be capable of withstanding a 50% overload (4,725
pounds total) without failure of either the anchoring equipment or
the attachment point on the manufactured home."][7]
[7]
Editor's Note: See 24 CFR 3280.306.
(e)
Skirting. The space between the bottom of the home and the ground
and/or home pad shall be enclosed using either:
[1]
Industry-approved skirting material compatible with the home;
or
[2]
As an alternative, a concrete slab foundation may be used with
non-supporting masonry walls between the home and slab with soil backfill
to raise the surrounding ground level and lower the home elevation
resulting in no more than three steps in height or less below the
first floor elevation. If this alternative is used, a twenty-four-inch-high
access area with lower grade through the masonry area shall be installed
that allows convenient service access.
(f)
Homes on individual lots, outside of a mobile/manufactured home
park, should be (but are not required to be) located with the longest
side facing any boundary public street.
(g)
Grandfather provision. Any new mobile/manufactured home that replaces a preexisting lawful mobile/manufactured home shall not be required to meet the requirements of § 440-41A(46)(d), provided that each replacement home has a system of tie-downs consisting of screw-in earth anchors or other equivalent earth anchor and a tie-down system, with the tie-downs at a minimum placed at each outside corner and at one midpoint of each long side.
(47)
Mobile/manufactured home as an accessory dwelling for care of relative. See this use within § 440-42.
(48)
Mobile/manufactured home park.
(a)
Plans and permits.
[1]
Plans shall be submitted and reviewed by the Township for all mobile/manufactured home parks in compliance with the mobile home park provisions of Chapter 375, Subdivision and Land Development, of this Code and all other provisions of such chapter that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).
[2]
Individual areas for each home are not required to be individually
surveyed and shall not require individual metes and bounds descriptions
or monuments. The plans shall show proposed building locations and
orientations to allow Township review of the site layout.
(b)
The minimum tract area shall be five contiguous acres, which
shall be under single ownership, but which may include land in an
abutting existing mobile home park. The tract shall have a minimum
width at the minimum building setback line of 200 feet. Two abutting
lots may be merged together to form a single mobile/manufactured home
park.
(c)
Density. The maximum average overall density shall be five dwelling
units per acre.
[2]
Phases. If an existing mobile home park is to be expanded into
an area not previously part of that mobile home park, the maximum
density and minimum common open space for the new area shall be considered
separately from the previously approved areas of the mobile home park.
All expansions to an existing park shall also meet all other provisions
of this and other applicable ordinances.
(d)
Landscaped perimeter. Each mobile/manufactured home park shall
include a twenty-five-foot-wide landscaped area, including substantial
attractive evergreen and deciduous trees around the perimeter of the
site, except where such landscaping would obstruct safe sight distances
for traffic. A planting plan for such area shall be approved by the
Zoning Hearing Board as part of any required special exception approval.
Such landscaped area shall not be required between adjacent mobile
home park developments. This landscaped area shall be 50 feet wide
abutting existing single-family detached dwellings. The same area
of land may count towards both the landscaped area and the building
setback requirements.
(e)
A dwelling, including any attached accessory building, shall
be set back a minimum of 25 feet from another dwelling within the
mobile home park, except that unenclosed porches, awnings and decks
may be 15 feet from the walls of another dwelling.
(f)
The minimum separation between homes and edge of interior street
cartway or parking court cartway shall be 25 feet.
(g)
The minimum principal and accessory building setbacks from exterior/boundary
lot lines shall be:
[1]
Fifty feet, which shall be landscaped, if an adjacent lot includes
an existing single-family detached dwelling, except that such setback
line shall not apply between manufactured homes within two abutting
mobile home parks;
[2]
Fifty feet from any other exterior lot line, other than an abutting
mobile home park; and
[3]
Fifty feet from the future right-of-way of any public street.
(h)
Each home shall comply with the above requirements for mobile/manufactured homes in this § 440-41.
(i)
Accessory structures.
[1]
Detached accessory structures may be attached to each other
or immediately adjacent to each other.
[2]
A detached accessory structure or garage shall be separated
a minimum of 15 feet from any dwelling units which the accessory structure
is not accessory to.
[3]
A detached accessory structure shall not be located in a front
yard between a dwelling unit and a street or parking court.
(j)
Common open space for a mobile home park.
[1]
A minimum of 10% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents, unless a greater amount of open space will be required by Chapter 375, Subdivision and Land Development, as amended.
[2]
Open landscaped areas, such as a landscaped perimeter setback and areas within the 100-year floodplain, may count towards the minimum common open space, except for areas that specifically are not permitted to be counted by the definition of "common open space" in § 440-30.
[3]
A minimum of 25% of the required common open space shall include
contiguous tracts of greater than 1/2 acre.
[4]
Common open space. See § 440-41A(48)(c)[2] and (j)[2] above regarding phases of development.
[5]
A minimum of 30% of the required common open space shall be
developed for recreation. Such areas may include children's play equipment,
paths, benches, picnic areas, athletic fields, free-play areas for
children's games, basketball courts, shuffleboard courts, swimming
pool, tennis courts or similar facilities, which shall be chosen based
upon the expected age distribution of residents.
(k)
Additional uses in a mobile home park.
[1]
A mobile/manufactured home park may include a recreation center
for residents, a rental/management office, maintenance buildings for
the park, and the sale of mobile/manufactured homes that will be placed
on the tract.
[2]
A mobile home park shall not include the sale of homes for placement
off the tract, except for routine resale of existing homes.
[3]
A mobile home park may include self-storage units if they primarily serve residents of the mobile home park and meet all of the requirements under § 440-41A(62). Signs advertising these self-storage units are prohibited.
(l)
Parking in a mobile home park.
[1]
An average minimum of 2.2 off-street parking spaces shall be
provided per dwelling unit. No more than six off-street parking spaces
shall be installed along any road without being separated by a twenty-foot-minimum-width
lawn/planting area.
[2]
A minimum of two such spaces shall be provided adjacent to the
dwelling they serve.
[3]
The remaining required spaces shall be located within approximately
300 feet of the dwellings they serve, primarily for guest parking.
This guest-parking requirement may be provided on streets if the required
minimum cartway widths are widened by eight feet to accommodate safe
and sufficient on-street parking.
[4]
Recreational vehicles or boats shall not be stored on parking
spaces or individual lots within the park. All such vehicles, if stored
within the park, shall be placed in a designated area and this area
shall be screened from view of the mobile homes and any adjacent dwellings
outside of the mobile home park.
(m)
Streets.
[1]
Access to individual mobile home spaces shall be from interior
parking courts, access drives or private streets and shall not be
from public streets exterior to the development.
[2]
Streets within the mobile home park that provide access to reach
20 or more dwellings shall have a minimum paved cartway of 24 feet,
and other local private streets or parking courts serving less than
20 homes shall have a minimum paved cartway of 20 feet.
[3]
Curbs and sidewalks are not required on the private streets,
but all private streets shall meet all other Township cartway construction
standards. Curbs may be required by the Township at selected locations
if needed for storm drainage control.
(n)
Walks.
[1]
Individual walks. A minimum of thirty-inch-wide hard surfaced
walks shall be provided between the home and the required two parking
spaces for each individual dwelling.
[2]
Common walks. A minimum of three-foot-wide hard surfaced walks
or pathways shall be provided to connect major activity centers within
the park and to provide access to boundaries of the park with major
adjacent pedestrian destinations. This may be a sidewalk on one side
of major streets or an internal walk/pathway system acceptable to
the Township.
(o)
Stormwater management. All mobile home park developments or
expansions shall be in accordance with Township regulations for stormwater
facilities and management.
(p)
Solid waste disposal. All solid waste disposal, including individual home containers, shall be in accordance with any applicable Township standards. In addition, see § 440-55 for dumpsters.
(q)
All newly approved mobile home spaces shall have underground
electric and telephone service.
(r)
Water service. All units within the mobile home park shall be connected to a public water system. The distribution system may remain privately owned. The system shall meet minimum water pressure/fire flow and hydrant requirements of Chapter 375, Subdivision and Land Development, of this Code.
[1]
For each dwelling unit, a water supply shutoff valve shall be
located outside the skirting adjacent to the dwelling and below the
frost line.
(s)
Sanitary sewage service.
[1]
Any mobile home park involving mobile homes at a density of
greater than one dwelling unit per acre shall connect to an existing
central sewage system. Where public sanitary sewage service is reasonably
available, it shall be used. An entirely new privately owned central
sewage plant shall not be established as part of a new mobile home
park.
[2]
Any sewage service shall be in accordance with all applicable
state and Township requirements.
[3]
No building shall be constructed over any portion of an existing
septic system.
(t)
Park management and operation.
[1]
The owner of the park shall operate the park in compliance with
this and other applicable Township ordinances and shall provide adequate
supervision and maintenance to ensure that the facilities and equipment
are kept in good repair and safe operating condition.
[2]
The management of the park shall supervise the installation
of all mobile homes, foundation systems and utility connections.
(u)
Grandfather provision. Within an existing lot of record, including
an existing mobile/manufactured park approved prior to the adoption
of this chapter, with the majority of approved homes being in place
prior to the adoption of this chapter, any remaining previously approved
undeveloped mobile home spaces may be completed with mobile homes,
provided:
[1]
Such mobile homes meet Township requirements that were in place
at the time the mobile home park was approved;
[2]
Each mobile home shall be placed on approximately the same space as was previously approved without having to meet all the requirements of § 440-41A(46) and this § 440-41A(48) with the exception that all of the following requirements shall be met:
[c]
A minimum of two parking spaces per home shall
be required;
[d]
The minimum setback from any exterior lot line
and from any existing right-of-way of a public street shall not be
reduced from what was previously approved and shall not be less than
25 feet, whichever is more restrictive; and
[e]
All replacement or new homes installed in a previously
approved mobile/manufactured home park shall have a system of tie-downs
consisting of screw-in earth anchors or other equivalent earth anchor
and a tie-down system. The tie-downs at a minimum shall be placed
at each outside corner and at one midpoint of each long side.
(v)
Replacement units. See § 440-41A(46)(g).
(50)
(52)
Personal care home. The standards for nursing homes in this
section shall apply.
(54)
Place of worship.
(a)
Minimum lot area: two acres, except one acre in the C or VC
Districts.
(b)
Weekly religious education rooms and meeting rooms are permitted
accessory uses, provided that such uses are of such a character and
intensity that they would be clearly customary and incidental to the
place of worship. A primary or secondary school and/or a child or
adult day-care center are permitted on the same lot as a place of
worship, provided the requirements for such uses are also met. Noncommercial
buses used primarily to transport persons to and from religious services
or a permitted school on the lot may be parked on the lot.
(c)
One dwelling unit may be accessory to a place of worship on
the same lot, provided that it is only used to house religious leaders
and their families.
(d)
The occasional use of any building for worship by relatives
or by a maximum of eight other persons at any point in time is not
regulated under this chapter, and is permitted by right in all districts.
(e)
The site shall have adequate and safe vehicle and pedestrian
circulation.
(55)
Plant nursery.
(a)
Evergreen screening and buffer yards are not required around
the outdoor storage of trees or shrubs.
(b)
The only retail sales that shall be permitted shall be of trees
and plants that were primarily grown upon the lot and clearly customary
and accessory sales of closely related items (such as mulch, topsoil
and tools) unless retail sales or a retail store are specifically
permitted in the district.
(c)
Minimum lot area: one acre if there are any retail sales.
(56)
Race track.
(a)
Race track, automobile.
[2]
Any area used for the testing, warm-up or racing of vehicle
engines shall be set back a minimum of 400 feet from any residential
lot line.
[3]
Minimum lot area: 30 acres.
[4]
A buffer yard meeting § 440-79 shall be provided around the perimeter of the lot. The Board of Supervisors may allow clustering of plants and variations in the types of plants.
[5]
All tracks and driving courses shall be paved in asphalt, concrete
or similar dust-free surface.
(57)
Recreation, commercial outdoor.
(a)
Any outdoor activity area shall be located no closer to any
lot line than the required front yard depth and shall be screened
and, if necessary, sound insulation shall be provided to protect the
neighborhood from any possible noise.
(c)
Any pool shall be entirely enclosed with a good quality chain-link
or preferably a wooden or other equivalent fence not less than six
feet in height.
(d)
Any swimming pool shall meet the requirements for such use,
as stated in this article.
(e)
For keeping of horses, see § 440-41A(42), "Livestock, raising of.".
(f)
No loudspeaker or amplifying device shall be permitted which
will project sound beyond the boundaries of the property.
(58)
Recycling collection center.
(a)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(b)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(c)
Adequate provision shall be made for movement of trucks, if
needed, and for off-street parking.
(d)
A twenty-foot-wide buffer yard with screening as described in § 440-79 shall be provided between this use and any abutting residential lot line.
(e)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, an industrial use, a public
or private primary or secondary school, a place of worship or a Township-owned
use, subject to the limitations of this section.
(f)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum and glass. No garbage shall be stored as part of the use,
except for that generated on-site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on-site.
(g)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning and closely similar
work. No burning or landfilling shall occur. No mechanical operations
shall routinely occur at the site other than operations such as baling
of cardboard.
(h)
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds, except within
an industrial district.
(i)
The use shall include the storage of a maximum of 50 tons of
materials on the site if the use is within a residential district
and within 500 feet of an existing dwelling.
(59)
Residential conversions. See conversions of an existing building
within this section.
(60)
Restaurant.
(c)
Traffic circulation onto, within and off of the lot shall be
clearly marked. A drive-through use shall be designed with space for
an adequate number of waiting vehicles while avoiding conflicts with
traffic onto, around and off of the site. The waiting lane(s) shall
allow customers to exit from a long line at some point if the customers
no longer wish to wait. Any drive-through facilities shall be designed
to minimize conflicts with pedestrian traffic.
(d)
Drive-through service shall only be provided where specifically
permitted in the applicable district regulations.
(f)
Must secure all necessary permits and be in compliance with
all Pennsylvania DEP, Labor and Industry and Pennsylvania Department
of Agriculture regulations.
(h)
Public restrooms with hand cleaning facilities must be provided
for each sex. The restrooms must consist of at least two toilets in
the women's restroom and at least one toilet and one urinal for the
men's restroom. At least one separate restroom must be provided for
employees only. Unisex restrooms are prohibited.
(61)
School, public or private, primary or secondary.
(a)
Minimum lot area: two acres if less than 200 students, four
acres if 200 students or over.
(b)
No children's play equipment, basketball courts or illuminated
recreation facilities shall be within 25 feet of a residential lot
line.
(c)
The use shall not include a dormitory unless specifically permitted
in the district.
(d)
The use shall be served by public water service and a Township-approved
method of sewage treatment.
(62)
Self-storage development.
(a)
All storage units shall be fire-resistant and water-resistant.
(b)
Outdoor storage shall be limited to recreational vehicles, boats
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
(c)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins, or similar items, shall not be stored.
(d)
Nothing shall be stored in interior traffic aisles, required
off-street parking areas, loading areas or accessways.
(e)
Major bodywork on vehicles shall not be permitted. The use shall
not include a commercial auto repair garage unless that use is permitted
in the district and the use meets those requirements.
(f)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(g)
Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under § 440-79.
(h)
Maximum building length: 250 feet.
(i)
Minimum separation between buildings: 20 feet.
(63)
Sewage sludge, land application of.
(a)
Shall have a minimum lot area of five contiguous acres.
(b)
Setback. No septage or sludge shall be applied within 250 feet
of an existing dwelling other than that of the applicant or within
250 feet of a well or within 250 feet of an existing office or restaurant
use or within 300 feet of a perennial creek or river.
(c)
Setback from future construction. A condition of any special
exception approval shall be that a 250-foot setback shall apply from
any dwelling, well, office or commercial use that is constructed in
the future. In these areas, the application of sludge or septage shall
not become a nonconforming use.
(d)
The applicant shall show compliance with applicable federal
and state regulations.
(64)
Shopping center.
(a)
The parking requirements of this use shall only be met by parking
spaces located in the same district in which a shopping center is
permitted.
(d)
All parking, loading, access and service areas shall be adequately
illuminated at night. All lighting, including sign lighting, shall
be arranged so as to protect streets and adjoining property from direct
glare or hazardous interference of any kinds.
(e)
Electric and telephone utility lines servicing the shopping
center shall be placed underground.
(65)
Slaughterhouse.
(a)
Minimum lot area: 10 acres.
(b)
The building(s) where slaughtering takes place shall not be
located closer than 250 feet from all exterior lot lines, and no closer
than 500 feet from a residential lot line.
(c)
The subject site shall have direct access to a collector or
arterial road.
(d)
Public sewer and water supplies shall be utilized.
(e)
All aspects of the slaughtering, processing, rendering, and/or
packaging operations, excepting the unloading and holding of live
animals, shall be conducted within a completely enclosed building.
(f)
All live animals held outside shall be within secure holding
pens or runways, sufficiently large to accommodate all animals without
crowding, and not located within the front yard.
(g)
The applicant shall furnish a working plan for the recovery
of escaped animals which minimizes the potential for animals to enter
traffic or cross property lines, and which shall be continuously implemented.
(h)
All animal wastes shall be regularly cleaned up and properly
disposed of, so as not to be objectionable at the site's property
lines.
(i)
The unloading of live animals from trucks into holding pens
and their movement into the plant shall be continuously supervised
by a qualified operator, whose responsibility it shall also be to
immediately identify and appropriately dispatch any obviously ill
or injured animals.
(j)
The unloading of live animals and their movement into the plant
shall be conducted in an orderly and calm manner so as to minimize
noise levels.
(k)
The loading and unloading of trucks shall be restricted to the
hours between 8:00 a.m. and 8:00 p.m.
(l)
No exterior animal holding pens and/or areas devoted to loading/unloading
of animals shall be located within 200 feet of any property line nor
within 500 feet of any land within a residential zone or upon which
a residence exists.
(m)
All animal holding pens and/or areas used for the loading/unloading
of animals shall be screened from all adjoining properties and shall
include a minimum fifty-foot landscape strip.
(n)
Sewer and water lines shall not meet within or beneath the plant,
and shall further be designed and installed to minimize the potential
for leakage and contamination by maximizing the separation distance
between lines and laying sewer lines at a greater depth than water
lines.
(o)
Where wastewater pretreatment is required by the EPA, or Pennsylvania
DEP or Township Authority, wastewater shall be kept completely covered
at all times to reduce the potential for release of odors. In no event
shall wastewater be disposed of in a storm sewer, to the ground, or
in any other manner inconsistent with Pennsylvania DEP regulations.
(p)
All unusable animal by-products shall be stored indoors in leakproof
and vectorproof containers. In the case of slaughtering or processing
operations which do not do their own rendering, the applicant shall
provide evidence of a written contract with a rendering operation
for the daily removal of such waste products. In no case shall any
waste products remain on the site for more than 24 hours.
(q)
The applicant must demonstrate written compliance with, and
continue to comply with, all applicable Township, commonwealth, and
federal standards and regulations.
(r)
The use shall provide sufficiently long on-site stacking lanes
and on-site loading/unloading areas, so that trucks waiting to be
loaded/unloaded will not back up onto Township roads. No parking or
loading/unloading shall be permitted on or along any Township road.
(s)
Access. Vehicular access shall be arranged so as to minimize
danger and congestion along adjoining roads and to avoid the creation
of nuisances to nearby properties. Access drives used by trucks shall
only intersect with collector or arterial roads. All access drives
shall be designed and located so as to permit the following minimum
sight distances measured from a point at least 10 feet behind the
curbline or edge of shoulder of an intersecting public street. No
sight obstructions shall be permitted which are greater than two feet
or less than 10 feet above the street surface:
|
Speed Limitation on Public Street
(mph)
|
Required Sight Distance
(feet)
|
|---|---|
|
25
|
240
|
|
30
|
275
|
|
35
|
315
|
|
40
|
350
|
|
45
|
425
|
|
50
|
475
|
|
55
|
550
|
(t)
All access drives onto the site shall have a paved minimum of
thirty-five-foot-wide cartway for a distance of at least 200 feet
from the street right-of-way. In addition, if portions of on-site
access drives are unpaved, then a fifty-foot-long gravel section of
driveway shall be placed just beyond the preceding 200-foot paved
section, to help collect any mud that may have attached to a vehicle's
tires.
(u)
The applicant shall furnish a traffic study prepared by a professional
engineer with specific training in traffic engineering. This study
shall demonstrate the acceptability of the proposed methods of traffic
control, and further that the capacities of existing roadways and
intersections will not be adversely impacted by the development.
(66)
Solid waste facility (including a sanitary landfill, solid-waste-to-energy facility or solid waste transfer facility): See definition in Article II.
(a)
All solid waste storage, disposal and incineration shall be
at least 200 feet from the following: public street right-of-way,
exterior lot line, 100-year floodplain, edge of a surface water body
(including a water-filled quarry) or wetland of more than two acres
in area.
(b)
All areas to be used for the storage, disposal or incineration
of solid waste shall be a minimum of 500 feet from any residential
district or publicly owned park or any existing dwelling that the
applicant does not have an agreement to purchase or the banks of any
perennial creek or river.
(c)
The use shall be served by a minimum of two paved access roads,
each with a minimum cartway width of 24 feet. One of these roads may
be restricted to use by emergency vehicles.
(d)
Any burning or incineration shall be carried out in a completely
enclosed incinerator approved by the DEP. Any material to be incinerated
that is to be stored for more than three hours shall be stored in
an enclosed structure.
(e)
The operation and day-to-day maintenance of the solid waste
disposal area shall comply with all applicable state and federal regulations
as a condition of the continuance of any permit of the Township. Violations
of this condition shall also be considered to be violations of this
chapter.
(f)
Open dumps and open burning of refuse are prohibited.
(g)
The applicant shall prove to the satisfaction of the Board of
Supervisors that the existing street network can handle the additional
truck traffic, especially without bringing extraordinary numbers of
trash hauling trucks through or alongside existing residential or
residentially zoned areas.
(h)
In cooperation with PA DEP requirements, an appropriate double
liner and a system to collect and treat leachate and methane is very
strongly encouraged for any sanitary landfill.
(i)
The applicant shall prove to the satisfaction of the Board of
Supervisors that the use would not routinely create noxious odors
off of the tract.
(j)
A chain-linked or other approved fence with a minimum height
of eight feet shall surround active solid waste disposal areas to
prevent the scattering of litter and to keep out children, unless
the applicant proves to the satisfaction of the Board of Supervisors
that this is unnecessary. The Board shall require earth berms, evergreen
screening and/or shade trees, as needed, be used to prevent landfill
operations from being visible from an expressway or arterial streets
or dwellings.
(k)
A minimum total lot area of 20 acres (which may include land
in an adjoining municipality) is required for any solid waste facility
other than a solid-waste-to-energy facility or a solid waste transfer
facility. For a solid-waste-to-energy facility or solid waste transfer
facility, a minimum lot area of five acres shall be required for the
first 250 tons per day of capacity to treat or dispose of waste, plus
one acre for each additional 100 tons per day of capacity. A solid
waste facility shall have a maximum total capacity of 750 tons per
day.
(l)
Health hazards. Any facility shall be operated in such a manner
to prevent the attraction, harborage or breeding of insects, rodents
or vectors.
(m)
Attendant. An attendant shall be present during all periods
of operation or dumping.
(n)
Gates. Secure gates, fences, earth mounds and/or dense vegetation
shall prevent unauthorized access.
(o)
Emergency access. The operator of the use shall cooperate fully
with local emergency services. This should include allowing practice
exercises on the site and the provision of all information needed
by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(r)
Litter. The operator shall regularly police the area of the
facility and surrounding streets to collect litter that may escape
from the facility or trucks.
(s)
Dangerous materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored, processed, disposed or incinerated.
"Infectious materials" are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
(t)
Staging. No total area(s) larger than 50 acres shall be used
as a disposal area for a sanitary landfill in any calendar year.
(u)
The applicant shall provide sufficient information for the Township
to determine that the requirements of this chapter will be met.
(v)
State requirements. Nothing in this chapter is intended to supersede
any state requirements. It is the intent of this chapter that when
similar issues are regulated on both the Township and state levels,
that the stricter requirement shall apply for each aspect, unless
it is determined that an individual state regulation preempts Township
regulation in a particular aspect. The applicant shall provide the
Zoning Officer with a copy of all written materials and plans that
are submitted to PA DEP at the same time as they are submitted to
DEP.
(w)
The operator shall enter into an agreement with the Township
specifying the types and frequencies of environmental monitoring that
will be put into place while a solid-waste-to-energy or sanitary landfill
is underway and for a minimum of three years after any landfill is
closed.
(x)
A leachate treatment system may be an accessory use to a landfill,
and a recycling collection center and/or bulk-recycling center are
permitted in combination with any permitted solid waste disposal facility.
(y)
For any transfer facility or waste-to-energy facility, all loading
and unloading of solid waste shall only occur within an enclosed building,
and over an impervious surface drains to a holding tank that is then
adequately treated.
(z)
At least a portion of the solid waste disposal facility shall
be within 1/2 mile by street of an arterial street or the ramp of
an expressway.
(aa)
The applicant shall provide a professional analysis of the expected
impacts of the facility on air quality, groundwater quality and surface
water quality, and expected health hazards to humans.
(67)
Stable, nonhousehold. See "livestock, raising of" in this section. Also see provisions for keeping of pets in § 440-42.
(68)
Swimming pool, nonhousehold.
(a)
The water surface shall be set back at least 50 feet from any
existing dwelling.
(b)
Minimum lot area: two acres.
(c)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 440-79.
(d)
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height.
(e)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not overload or flood any a) on-lot
septic system or b) portion of a building or property not owned by
the owner of the pool. A pool shall not be located so as to interfere
with the operation of a well or on-lot septic system.
(f)
Water service. Any inlet from a central water system shall be
above the overflow level of the pool.
(g)
Nuisances. A pool shall not include illumination of adjacent
residential properties beyond what is customary in a residential neighborhood.
A pool shall also not include the playing of a radio or recorded music
at a volume louder than is necessary for the convenient hearing of
persons at the pool.
(69)
Target range.
(a)
All target ranges shall have a barrier behind the target area
which is of sufficient height and thickness to adequately protect
the public safety. This barrier shall be made of earth for an outdoor
firearms range.
(b)
An outdoor firearms target range shall comply with any applicable
published standards of the National Rifle Association and other applicable
federal, state and local regulations.
(c)
An outdoor firearms target range and any firing stations shall
be located a minimum of 250 feet from any residential lot line, unless
all firing would occur within a completely enclosed sound-resistant
building. Clay pigeon shooting shall be directed away from homes and
streets.
(d)
An outdoor firearms target range shall be properly posted.
(f)
An indoor firearms target range shall be adequately ventilated
and/or air-conditioned to allow the building to remain completely
enclosed.
(70)
Theater, outdoor.
(b)
Shall have a lot area of at least eight acres.
(c)
The face of the movie screen not be visible from a public arterial
or collector street.
(d)
The movie screen and any building shall be located at least
100 feet from any dwelling.
(e)
A playground and snack shop are permitted as accessory uses.
(f)
Pornographic, obscene, sexually explicit films or other films
that do not permit entrance to persons under age 18 shall not be shown.
(g)
An outdoor theater for musical shows and similar events is permitted
without additional regulation within a publicly owned recreation area.
(i)
The ticket booth shall be set back far enough from the cartway
and enough car waiting space shall be made available on the lot to
keep cars from backing up on the road leading into the theater.
(j)
A traffic impact study shall be submitted for the proposed use.
(71)
Townhouses and low-rise apartments.
(a)
Maximum number of dwelling units within any building or within
attached buildings: 16 for any building including low-rise apartments,
eight for any other building(s).
(b)
Density. The permitted maximum density for townhouses and low-rise
apartments shall be based upon the amount of buildable area as follows:
[1]
The following shall be subtracted from the total lot area of the tract (as defined in § 440-30) to determine the buildable area:
[2]
The following areas are not required to be deleted from the buildable area, provided that they do not include areas that are specifically required to be deleted under the standards in Subsection A(71)(b)[1] above:
[a]
Rights-of-way of streets that do not exist or that
were not previously approved;
[b]
Areas of land voluntarily dedicated to and accepted
by the Township or state for a street improvement that would not otherwise
be required by the Township or state and that are not necessary for
providing internal access for the development may be included as buildable
area;
[c]
Stormwater detention basins; and
[d]
Areas that will be dedicated as common open space.
[3]
The buildable area as determined above shall be divided by the
following average amount of square feet per dwelling unit to determine
the maximum permitted number of dwelling units within the tract.
[4]
The permitted number of dwelling units may be placed at any
appropriate locations within the tract, provided that all other requirements
of this chapter are met and provided that no single net acre of land
includes more than 15 dwelling units once street rights-of-ways and
common open spaces are deleted.
[5]
If a townhouse or low-rise apartment development will clearly
be permanently restricted to persons age 55 or older and/or the physically
handicapped, then the permitted number of dwelling units on the tract
may be increased by 15%.
[6]
Areas of land that are capable of additional development shall
not be used towards calculating the allowable density unless those
lands are deed restricted or protected by a conservation easement
to prevent further development.
(c)
Variety in design. Developments of more than 50 dwelling units
should include a variety of complementary designs and colors between
buildings or clusters of buildings to avoid extreme repetition. Extreme
design and color variations on different parts of the same building
are discouraged. Variation in roof lines of structures is strongly
encouraged.
(d)
Changes in facade. For every attached grouping of townhouses,
a minimum of two changes in the front wall plane shall be provided.
Such change shall involve a minimum variation or offset of four feet.
This requirement may be met by differing setbacks between an attached
garage and a dwelling, or differing setbacks among different dwellings
or differing setbacks along the front of a dwelling setback further
than attached private garage structures.
(e)
Buffer yard. A twenty-foot-wide buffer yard with screening meeting § 440-79 shall be provided in any of the following cases:
[1]
Between any low-rise apartment principal buildings and any abutting
existing single-family detached dwelling within 100 feet of such apartment
buildings;
[2]
Between any townhouses or low-rise apartments and any right-of-way
of an expressway that is within 100 feet of such townhouses or apartments;
[3]
Along the right-of-way of an arterial street that abuts the
rear of townhouse units and is within 100 feet of such townhouses.
(f)
Lot requirements.
[1]
Maximum building length: 200 feet.
[2]
Maximum building height: 35 feet and 3 1/2 stories for
a principal building; 25 feet and one story for an accessory structure.
[3]
Minimum tract width and depth: 120 feet each.
[5]
Minimum tract area: one acre for townhouses and two acres for
low-rise apartments.
(g)
Building setback and separation.
[1]
Minimum setback for townhouse and low-rise apartment buildings,
whichever is most restrictive:
[a]
For principal buildings from all exterior lot lines
(other than that of a single-family detached dwelling) and from all
existing street rights-of-ways (other than expressways) exterior to
the tract: 50 feet.
[b]
For principal buildings from the lot line of an
existing single-family detached dwelling or the existing right-of-way
of an expressway: 75 feet.
[c]
For principal buildings from an existing right-of-way
of a street constructed within the tract: 25 feet.
[d]
For accessory structures from a side or rear yard
along the existing right-of-way of a street constructed within the
tract (NOTE: Or from the cartway of a private street if a right-of-way
does not exist): 25 feet.
[e]
For accessory structures from all lot lines exterior
to the tract other than existing street rights-of-way: 25 feet.
[f]
For accessory structures from all existing street
rights-of-way exterior to the tract and from all front lot lines along
a street: 50 feet.
[2]
Separation. Each principal building shall be separated by a
minimum of 20 feet from any other principal building.
[a]
Any area of four adjacent net acres that includes
an average of 12 dwelling units or more an acre shall be separated
by a minimum of 10,000 square feet of vegetated usable common open
space from any other townhouses or low-rise apartments.
(h)
See §§ 440-42 and 440-36 for regulations on specific accessory uses. To avoid incompatible structures in a higher density environment, townhouse developers are strongly encouraged to establish deed restrictions or homeowner association regulations controlling the general types and materials of attached decks, fences and accessory structures that may be added or constructed in the future.
(i)
Minimum width of townhouses. Each townhouse dwelling unit shall
have a minimum width of 18 feet, except the minimum width shall be
24 feet for any townhouse that:
(j)
Minimum private area.
[1]
For each townhouse, there shall be a yard, balcony, patio or
other outdoor area other than a driveway immediately adjacent to the
front, back or side of each dwelling of not less than 200 square feet
for the exclusive use of the occupants of that dwelling.
[2]
If townhouses are subdivided into individual lots, the minimum
lot area shall be the building footprint plus this 200 square feet.
[3]
Design measures shall be used to seek an appropriate level of
privacy in any rear yards. Such measures might include landscaped
screening, compatible fencing or earthen berming. The intent is to
avoid the placement of incompatible fencing by individual lot owners
in the future.
[4]
Storage. If the maintenance of grass yards in front of or behind
a townhouse would be the responsibility of an individual homeowner,
a small storage area suitable for storing lawn maintenance equipment
should be provided with appropriate outside access.
(l)
Architectural renderings. Preliminary architectural renderings,
models or photos are requested for any low-rise apartment or townhouse
development of more than 25 units.
(m)
Paved area setback. All off-street parking spaces, except spaces
on driveways immediately in front of a carport or garage entrance,
shall be set back a minimum of 10 feet from any dwelling.
(n)
Garages. It is strongly recommended that all townhouses be designed
so that garages and/or carports are not an overly prominent part of
the view from public streets. For this reason, parking courts, common
garage or carport structures or garages at the rear of dwellings are
encouraged instead of individual garages opening onto the front of
the building, especially for narrow townhouse units.
(o)
Mailboxes. Any mailboxes provided within the future street right-of-way
should be clustered together in an orderly and attractive arrangement
or structure. Individual freestanding mailboxes of noncoordinated
types at the curbside are specifically discouraged.
(p)
Access. Vehicular access points onto all arterial and collector
streets shall be minimized to the lowest reasonable number. No townhouse
dwelling within a tract of five or more dwelling units shall have
its own driveway entering onto an arterial or collector street.
(q)
Common open space (see definition in Article II, which limits areas that may count towards required minimum common open space).
[1]
For any low-rise apartment or townhouse development involving 25 or more dwelling units, a minimum of 10% of the total land area shall be dedicated as common open space. This common open space shall be in addition to any other requirements of this chapter or common open space or fees-in-lieu of open space requirements of Chapter 375, Subdivision and Land Development, of this Code. Common open spaces are encouraged to be used as a buffer against any abutting major roads.
[2]
For any development that will not be limited to residents 55
years and older, at least 50% of the required common open space shall
a) be contiguous, b) have slopes of less than 10% and c) be planted
in grass and trees. If such development includes over 100 dwelling
units, then part of the required common open space shall include approved
types of children's playground equipment located over an appropriate
soft surface and an open "pick-up" recreation field of less than 6%
slope forming a rectangle of at least 200 feet length and 100 feet
width.
[3]
For any development limited to persons 55 years and older, the
required common open space shall be suitable for passive recreation,
with appropriate landscaping, benches and paths or trails.
(r)
Resubdivision. No lots of less than two acres that have previously
been granted preliminary or final subdivision or land development
approval and were subdivided to meet the standards of single-family
detached dwellings shall be combined or resubdivided to allow the
construction of townhouses or low-rise apartments.
(72)
Treatment center.
(a)
The applicant shall provide a written description of all types
of residents the use is intended to include over the life of the permit.
Any future additions or modifications to this list shall require approval
of the Zoning Hearing Board as a special exception.
(b)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that such use will involve adequate supervision and
security measures to protect public safety.
(c)
The Zoning Hearing Board may place conditions on the use as
necessary to protect public safety, including conditions on the types
of residents and security measures.
(73)
Truck stop.
(74)
Trucking company terminal.
(a)
Minimum lot area: five acres for a use with five or less loading/unloading
bays; 10 acres for any other trucking company terminal.
(b)
All tractor trailer truck parking, outdoor storage and/or loading/unloading
areas that are visible from beyond the exterior lot lines of the use
shall be screened by a fifty-foot-wide buffer yard. This buffer yard
shall meet the following conditions:
[2]
Include the planting of deciduous shade trees, which shall meet
the following requirements:
[a]
The species and size shall meet § 440-61, unless alternative species are approved by the Board of Supervisors;
[b]
Shall be placed at an average of one tree for every
60 feet of lot perimeter, including abutting a public street (such
trees are not required to planted at regular intervals, but may be
clustered);
[c]
Shall be of types selected to be resistant to diesel
exhaust;
[d]
Be planted on the exterior side of any required
berm (or any wall that might be permitted in place of such berm),
any wall used for screening, any fence and any evergreen screening;
[e]
Shall not be planted on the top of any berm, in
order to provide effective screening; and
[f]
May be planted within the future street right-of-way.
(c)
The use shall not be required to meet Township requirements
requiring landscaped areas to be placed in the center of paved areas.
(d)
Any entrance for trucks, loading/unloading area, outdoor storage
or truck parking area shall be a minimum of 250 feet from any dwelling.
(e)
The use shall have truck access onto an arterial street without
the trucks having to travel along a primarily residential street.
(f)
The use shall include an appropriate system to contain and properly
dispose of any fuel, grease, oils or similar pollutants that may spill
or leak where such substances are stored or where vehicles are fueled,
repaired or maintained.
(g)
Any tractor trailer truck parking, outdoor storage and/or loading/unloading
areas that are visible from and are within 250 feet of the exterior
lot lines of the use shall be separated from such lot lines by an
earthen berm. Such berm shall meet the following conditions:
[1]
Average a minimum of five feet in height above the adjacent
average ground level (disregarding any drainage channel) on the outside
of the berm;
[2]
Not have one completely continuous height, but instead shall
vary in height by one or two feet in places;
[3]
Have a maximum side slope of three horizontal to one vertical;
and
[4]
Be covered by a well-maintained all season natural ground cover,
such as grass.
(75)
Utility substation.
(a)
Within a residential district, such use shall not include a
storage yard, garage or repair shop.
(76)
Veterinarian office (includes animal hospital).
(a)
Any structure in which animals are treated or housed shall be
a minimum of 50 feet from any residential lot line. Buildings shall
be adequately soundproofed so that sounds generated within the buildings
cannot routinely be perceived within any adjacent dwellings.
(b)
Outdoor animal runs may be provided for small animals for use
between 8:00 a.m. and 8:00 p.m., provided the runs are at least 150
feet from any existing dwelling and provided that the runs for dogs
are separated from each other by visual barriers a minimum of four
feet in height, to minimize dog barking.
(c)
Although animals may be kept as an accessory use, a commercial
kennel shall only be allowed if a kennel is permitted in that district
and if the applicable requirements are met.
(77)
Warehouse or wholesale sales. The following provisions shall
be applicable to both small warehouses (less than 25,000 square feet
gross floor area) and large warehouses (25,000 square feet gross floor
area or more).
[Amended 11-8-2021 by Ord. No. 2021-4]
(b)
Maximum building height for such use shall be 50 feet.
(c)
A traffic impact study consistent with the requirements of Appendix E of Chapter 375, Subdivision and Land Development, of this Code shall be prepared and submitted as part of the application. The traffic impact study shall be prepared by a professional traffic engineer. In addition to the requirements of Appendix E of Chapter 375, Subdivision and Land Development, of this Code, the traffic impact study shall also include a truck routing map identifying anticipated routes to and from the proposed facility to the Township boundary. The truck routing map shall be consistent with existing truck routing signage and trip distribution data presented in the traffic study, and will identify any new proposed truck routes and necessary truck routing signage.
(d)
Buffer yards. Buffer yards shall be required between uses and along existing and proposed streets in accordance with the provisions of § 440-79D and the following requirements specific to warehouse or wholesale sales use:
[1]
The buffer plantings are intended to be an impenetrable visual screen.
However, it is not intended to be a monocultural planting. A variety
of evergreen tree species in conjunction with deciduous and/or evergreen
shrubs should be utilized to provide complete screening and aesthetic
variety and appeal.
[2]
A thirty-foot buffer shall be required along the frontage of all
streets.
[3]
A fifty-foot buffer shall be required between the industrial use
and all other uses.
[4]
Trees used for screen buffers shall be composed of 100% evergreen
varieties. Shrubs may be a combination of evergreen and deciduous
varieties. The required plant material shall be so arranged as to
provide a 100% visual screen within eight years of planting. Where
the screen buffer planting requires more than 50 trees, no more than
1/3 of these trees will be of a single variety.
[5]
Where space is limited or there are other site constraints, walls,
fences and/or earth berms may be used in combination with plant material
subject to the approval of the Board of Supervisors.
[6]
Plant materials shall be permanently maintained and any plant material
which dies shall be replaced by landowner.
(f)
Parking requirement. One space per 5,000 square feet of gross floor
area for the first 100,000 square feet, plus one space per 10,000
square feet of gross floor area over 100,000 square feet. Of the required
parking spaces, at least 10% shall be reserved as truck staging spaces
measuring 12 feet by 75 feet. Loading docks/areas may not be counted
towards the required truck staging spaces.
(g)
Sufficient off-street queueing space shall be required at facility
entrances to prevent vehicles from queueing on public streets while
waiting for access to the facility.
(78)
Warehouse/trucking company terminal. This use shall comply with § 440-41A(74), Trucking company terminal, and § 440-41A(77),Warehouse or wholesale sales. Any use that includes facilities for maintenance of a trucking company fleet shall also comply with § 440-41A(73), Truck stop. In the event of a conflict in requirements, the most restrictive shall apply.
A.
General. Accessory buildings, structures or uses that are clearly
customary and incidental to a permitted by right, special exception
or conditional use are permitted by right, except as is provided for
in this chapter. A business shall only be conducted as an accessory
to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this article for a particular
accessory use. Accessory structure setback requirements shall not
apply to permitted surface parking lots, fences or permitted accessory
signs.
C.
Front yard setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter. See the list of essential services in § 440-36.
D.
Special standards. Each accessory use shall comply with all of the
following standards listed for that use:
(1)
Accessory apartment, one. Within an existing single-family detached
dwelling or within an existing dwelling (half of a twin dwelling).
(a)
Any on-lot septic system shall be recertified if the sewage
flows will increase.
(b)
The building shall maintain the appearance of a single-family
detached dwelling or a single-family semidetached dwelling with a
single front entrance. Additional entrances may be placed on the side
or rear of the structure. The dwelling units may internally share
the single front entrance.
(c)
The conversion shall not be permitted if it would require the
placement of an exterior stairway on the front of the building, or
would require the placement of off-street parking spaces in the required
front yard (other than up to three spaces in a driveway).
(d)
Separate cooking and sanitary facilities shall be provided for
each dwelling unit.
(e)
Any off-street parking lot including four or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of § 440-79.
(f)
One of the dwelling units shall be owner-occupied or occupied
by a relative of the owner for a minimum period of 36 months following
the conversion.
(g)
The dwelling as it preexists shall have a total minimum floor area of 2,000 square feet. Each dwelling unit shall meet the minimum floor area requirement of § 440-77D. Each unit shall meet the definition of a dwelling unit.
(h)
A maximum of two total dwelling units are permitted.
(2)
Antenna, standard (includes amateur radio antenna).
(a)
Height. No standard antenna, including its supporting structure,
shall have a total height above the average surrounding ground level
of greater than 30 feet in a residential district or 75 feet in any
other district.
(b)
Anchoring. Any standard antenna shall be properly anchored to
resist high winds.
(c)
A standard antenna proposed in excess of 30 feet in a residential
district requires special exception approval.
(d)
Any freestanding antenna that is higher than 50 feet and is within 100 feet of a public street or dwelling shall be surrounded (except at the driveway crossing) by evergreen screening or preserved existing trees meeting the requirements of § 440-79D.
(e)
No signs or lights shall be mounted on an antenna, except those
that may be required by a governmental agency that has jurisdiction
over the subject parcel and antenna.
(3)
Apartment for care of relative.
(b)
Shall be restricted to occupancy by a relative (see definition in Article II) of a permanent resident of the principal dwelling unit on the property. A maximum of two persons shall inhabit such apartment.
(c)
Such relative shall need care and supervision because of old
age, disability, handicap or illness.
(d)
Such dwelling unit shall be designed and installed in such a
way that it can easily be reconverted into part of the principal dwelling
unit after such relative no longer lives within it. Once such unit
is no longer occupied by such relative, the dwelling shall be reconverted
into part of the principal dwelling unit or be completely removed.
(e)
The occupants of the principal dwelling unit shall report any
change in adults residing in such dwelling.
(f)
Once an apartment under this section is required to be removed,
there shall be no physical evidence visible from exterior lot lines
that a separate apartment existed.
(g)
Such apartment shall not decrease the single-family residential
exterior appearance of a dwelling.
(h)
At least one interior doorway shall connect the two dwelling
units. The apartment shall not be within a building that is detached
from the principal dwelling unit.
(i)
For a detached unit, see mobile/manufactured home as an accessory
dwelling for care of relative within this section.
(4)
Composting as a principal or accessory use.
(a)
All composting shall be conducted in such a manner that does
not create a fire, rodent or disease-carrying insect hazard and does
not cause noxious odors off of the subject property.
(b)
Composting shall be permitted by right as an accessory use,
provided that the composting is limited to biodegradable vegetative
material, including grass clippings, trees, shrubs, leaves and vegetable
waste. Such composting shall be kept free of other garbage and animal
fats.
(c)
Any composting of manure shall be restricted to lots of five
acres or greater. It is the intent of this section that all composting
of manure generally comply with the manure management guidelines of
the Pennsylvania State University Cooperative Extension Service.
(d)
Composting may also occur as a permitted by right principal
use if owned by a governmental agency on a lot of five acres or greater.
(e)
Composting that is not owned by a governmental agency may occur as a principal use needing special exception approval in the ME/I, AR, AR-L or LI Districts, with the Zoning Hearing Board having authority to limit the total amount of composting on a site as necessary to avoid nuisances, except that certain types of composting shall be further limited as provided in § 440-42D(4)(e)[1] below.
[1]
Commercial bulk composting of manure brought to a site from
land of four or more different landowners for off-site use or any
bulk mushroom production shall be restricted to the AR-L or ME/I Districts
and shall require special exception approval. Such composting shall
meet all of the following requirements:
[a]
Be a minimum of 500 feet from any residential lot
line;
[b]
Involve all leachate and compost pad runoff being
collected and properly treated;
[c]
Include compost wharves being constructed of an
acceptable all-weather impervious surface;
[d]
Require that the applicant prove to the satisfaction
of the Zoning Hearing Board that significant nuisances and health
hazards will not be generated, through adequate setbacks, procedures,
siting and structures; and
[e]
In addition, the Zoning Hearing Board may require
that the operations occur within a completely enclosed building.
(f)
Setbacks. Composting areas of greater than 1.5 acres shall be
set back 75 feet from lot lines of abutting residential lot lines.
In addition, at a minimum, areas of grass clipping composting shall
be set back a minimum of 30 feet from any adjacent dwelling. See also
setbacks that may apply for manure facilities under raising of livestock
within this section. Composting of manure shall not occur within 100
feet of a well used by humans or any lake or creek.
(5)
Day care: family day-care home (in combination with a dwelling).
(b)
In any case, seven or more children (other than children who
are related to the primary caregiver) shall only be cared for at one
time within a single-family detached dwelling with a minimum lot area
of 20,000 square feet and a twenty-foot minimum setback from all existing
dwellings on another lot(s). In any case, four to six children (other
than children who are related to the primary caregiver) shall only
be cared for at one time within a single-family detached dwelling
with a minimum lot area of 20,000 square feet and a twenty-foot minimum
setback from all existing dwellings on another lot(s). The care of
fewer numbers of children may occur within any lawful dwelling unit.
(c)
The dwelling shall retain a residential appearance with no change
to the exterior of the dwelling to accommodate the use, other than
cosmetic improvements.
(d)
Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 440-41 for such use, if permitted.
(e)
The use shall be actively operated by a permanent resident of
the dwelling.
(f)
If four to six children who are not related to a permanent resident
of the dwelling are cared for, then a minimum of 200 square feet of
safe exterior play area shall be available.
(h)
The use shall comply with any applicable state and federal regulations,
including having an appropriate Pennsylvania Department of Human Services
(or its successor agency) registration certificate or license if required
by such agency.
(i)
A use serving four or more children shall include convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.
(j)
The use shall include adequate measures to ensure the safety
of children from traffic or other nearby hazards. This shall include
a secure fence around any outdoor areas abutting streets that are
routinely used for outdoor play.
(k)
Outside play areas in residential districts shall be limited
to use between 8:00 a.m. and 9:00 p.m. if located within 200 feet
of an abutting dwelling.
(6)
Drive-through facilities.
(a)
The proposed traffic flow and ingress/egress shall not cause
traffic hazards on adjacent streets.
(b)
Signs and outdoor lighting shall be in accordance with specific
provisions of this chapter.
(c)
On-lot traffic circulation channels and parking areas shall
be clearly marked.
(d)
Provisions shall be made for proper and convenient disposal
of refuse.
(7)
Fences and walls.
(a)
Fences and walls are permitted by right in all districts. Any
fence or wall shall be durably constructed and well maintained. Fences
that have deteriorated shall be replaced or removed. A zoning permit
is required for all fences and walls other than seasonal temporary
snow fences and temporary fences around active construction sites.
Such temporary fences may have a maximum height of eight feet in a
residential district.
(b)
Sight distance, stormwater and easements. No fence, wall or hedge shall obstruct the sight distance requirements of § 440-79C, nor obstruct safe sight distance within an alley. No fence or wall shall obstruct the flow of stormwater, except if approved as part of a Township-approved stormwater system. No fence or wall shall be constructed within an active utility easement in such a way that it would substantially inhibit use and maintenance of the easement for its intended purpose.
(c)
Fences.
[1]
Front yard. Any fence located in the required front yard of
a lot in a residential district shall a) be an open type of fence
(such as picket or split rail) with a minimum ratio of 1:1 of open
to structural areas, b) not exceed five feet in height, and c) be
constructed entirely of wood (plus any required fasteners and any
wire mesh attached on the inside of the fence) or wrought iron or
other material that closely resembles wood or wrought iron.
[2]
A fence shall not be required to comply with minimum setbacks
for accessory structures.
[3]
Height. No maximum height shall apply to fences that are not
within a residential district. A fence located in a residential district
in a location other than a required front yard shall have a maximum
height of six feet, except:
[a]
A maximum height of 12 feet is permitted to enclose
a tennis or racquet sport court or a nonhousehold swimming pool or
an electric substation, provided that such fence is set back a minimum
of 10 feet from all lot lines; or
[b]
If an applicant clearly proves, in writing, to
the satisfaction of the Zoning Officer that a higher fence is needed
to protect public safety around a specific hazard, such as around
an electric substation; or
[c]
An eight-foot-high fence is permitted surrounding
livestock or an approved fairgrounds.
[4]
Setbacks. No fence shall be built within an existing or dedicated future right-of-way of a street. A fence of a dwelling may be constructed without a setback from a lot line in a residential district, but a one-foot or greater setback is recommended to provide for future maintenance of the fence. A fence for a nonresidential use shall be set back a minimum of five feet from any abutting lot line of an existing dwelling or an undeveloped residentially zoned lot. No fence shall be located within the paved area setback required under § 440-61.
[5]
Any fence that has one side that is smoother and/or more finished
than the second side should be, but is not required to be, placed
so that smoother and/or more finished side faces away from the area
that is enclosed, unless the fence abuts a business use.
[6]
Fence materials. Barbed wire shall not be used as part of fences
around dwellings. Electrically charged fences shall only be used to
contain farm animals and shall be of such low intensity that they
will not permanently injure humans. No fence shall be constructed
out of fabric, junk, junk vehicles, appliances, tanks or barrels.
[7]
A fence may be placed onto the top of a permitted wall, provided
that the total height to the top of the fence does not exceed the
maximum permitted fence height.
(d)
Walls.
[1]
Engineered retaining walls necessary to hold back slopes are
exempted from setback regulations and the regulations of this section,
and are permitted by right as needed in all districts.
[2]
No wall of greater than three feet shall be located in the required
front yard in a residential district, except as a backing for a permitted
sign at an entrance to a development.
[3]
A wall in a residential district outside of a required front
yard shall have a maximum height of three feet if it is within the
minimum accessory structure setback and six feet if it is not.
[4]
Walls that are attached to a building shall be regulated as
a part of that building, and the regulations of this section shall
not apply.
(e)
Gates. All fences, walls or continuous hedges more than four
feet in height shall be equipped with gates or other suitable passageways
at intervals of not more than 250 feet.
(8)
Garage sale.
(a)
See definition in Article II. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.
(b)
If accessory to a dwelling, no garage sales as an accessory
to a dwelling shall be held on a lot during more than four days total
in any three consecutive months.
(c)
The use shall be clearly accessory to the principal use.
(9)
Home occupation (see definitions in Article II) (includes a home professional office).
(a)
The following standards shall apply to both light and general
home occupations:
[1]
The burden of proof shall be upon the applicant to prove that
the standards of this section will be met, especially regarding possible
nuisances and truck traffic. Based upon the potential nuisances of
a proposed home occupation, the Zoning Hearing Board may determine
that a particular type or intensity of use is unsuitable to be a home
occupation or that the proposed lot area or setbacks are not sufficient.
[2]
The home occupation shall be conducted completely indoors and
may be within a principal or accessory residential building. The total
amount of floor area of all buildings used for a home occupation shall
not be greater than 25% of the total floor area of the principal dwelling
unit.
[3]
There shall be no outdoor operations or outdoor storage of materials,
products or equipment.
[4]
Signs and displays. There shall be no use of show windows, business
display or advertising visible from outside the premises, except as
is specifically permitted for a general home occupation.
[5]
Trucks. The use shall fully comply with the requirements listed under "Residential accessory use or structure" in this § 440-42, regarding parking of trucks. The home occupation shall not require regular servicing by or deliveries by a vehicle with an aggregate gross vehicle weight of more than 12,000 pounds, except for routine service by package delivery companies.
[6]
Uses permitted as a home occupation include, but are not limited
to, tradesperson's headquarters, art studio, office, custom sewing,
tax preparation, catering for off-site consumption, installation of
auto accessories (that are not part of the drivetrain) or musical
instruction.
[7]
The following uses shall not be permitted as a home occupation:
veterinarian office; nonhousehold stable; kennel; funeral home; retail
store (other than occasional sale of custom crafts and art produced
on the premises); restaurant; mechanical auto repair or body work
(except farm equipment repair is permitted as accessory to an agricultural
use); spray painting of vehicles; trucking company terminal; welding;
pesticide company; hotel or motel; manufacturing (other than custom
crafts such as ceramics); or boardinghouse.
[8]
Nuisances. No machinery or equipment shall be permitted that
produces noise, noxious odor, vibration, glare, electrical interference
or radio or electromagnetic interference beyond the boundary of the
property. Only general types and sizes of machinery that are typically
found in dwellings for hobby or domestic purposes shall be permitted.
No use shall generate noise or glare in excess of what is typical
in a residential neighborhood.
[9]
The use shall also comply with all environmental and nuisance control regulations of this chapter, including Article V.
[10]
Parking and loading. In any case, a home occupation
shall include an absolute minimum of one off-street parking space
(which may include a space for the dwelling). The applicant shall
prove to the satisfaction of the Zoning Hearing Board in the case
of a general home occupation and the Zoning Officer in the case of
a light home occupation that the use will include adequate off-street
parking and loading spaces.
[a]
The Board shall determine the maximum number of
vehicles expected to be at the premises at any period of time, including
overlapping customers. The amount of parking in the front yard shall
be held to a minimum to maintain a residential character.
[b]
The Board may allow appropriate, safe on-street
areas to be used to meet a portion of parking needs, if there is sufficient
paved width of the street.
[c]
If additional parking is needed beyond what can
be accommodated using appropriate on-street spaces and a residential-style
driveway, then the Board may require that such parking be provided
in the rear of the home if practical and may deny the use if such
rear parking cannot be accommodated.
[d]
Any needed loading operations shall be able to
be conducted without interfering with traffic on public streets.
[11]
Building appearance. The exterior of the building
and the lot shall not be changed in such a way as to decrease its
residential appearance, except for permitted parking spaces and the
permitted sign.
[12]
Hours. A home occupation shall not be conducted
in a way that is perceptible in external effects (such as but not
limited to noise, odors, traffic) from beyond the lot line between
the hours of 9:00 p.m. and 7:30 a.m. This time limit shall also apply
to any loading or unloading of vehicles on the property or on a street
that causes noise to adjoining residents.
[13]
Hazardous substances. The use shall not involve
the storage or use of hazardous, flammable or explosive substances,
other than types and amounts commonly found in a dwelling. The use
shall not involve the use or storage of toxic substances.
[14]
Advertising. The address of the home occupation
shall not be advertised in such a way that would encourage customers
or salespersons to come to the property without an appointment.
[15]
Law or medical office. The main office of a medical
doctor, chiropractor, dentist or attorney shall not be permitted as
a home occupation.
[16]
Hazardous substances. The applicant shall demonstrate
to the satisfaction of the Township that the intended method of handling
and disposal of any hazardous materials will comply with all federal
and state laws and regulations.
[17]
Tradespersons. In no case shall more than one worker who is a resident of the dwelling need to regularly visit the residential property, such as to load or unload trucks on or adjacent to the property. See above restrictions on truck parking. See § 440-36B, which allows existing barns to be used for certain types of storage.
[18]
If applicable, the Township may require an applicant
to prove compliance with State Department of Labor and Industry requirements.
(b)
General home occupation. In addition to the standards in Subsection D(9)(a) above, the following shall apply to a general home occupation:
[1]
Only the following sign shall be permitted: one nonilluminated
sign with a maximum sign area of one square foot on each of two sides,
with a maximum height of eight feet. Such sign shall not be located
within the existing right-of-way of a street, unless it is attached
to a mailbox.
[2]
Number of employees. A total maximum of one person shall work
on the premises who is not a permanent resident of the dwelling, however:
[a]
In no case shall a barber- or beauty shop include
any nonresident employee(s).
[3]
Instruction. Any instruction or tutoring shall be limited to
a maximum of one student on the property at any one time and six students
on the property on any day.
[4]
Barber/beautician. Any barber, beautician, hair stylist or similar
personal service use shall only be permitted as a home occupation
if 1) only one person may work on the premises, who must be a permanent
resident of the dwelling, 2) there is a fifteen-foot minimum building
setback from all residential lot lines, and 3) if the property abuts
a collector or arterial street.
[5]
If the home occupation involves work occurring on a vehicle(s),
such vehicle(s) shall not be parked on the lot or on abutting streets
overnight.
[6]
Traffic. The use shall not routinely involve the arrival at
the property for business purposes of more than 10 vehicles per day
or the parking of more than four vehicles of nonresidents at any one
time.
[7]
The Zoning Hearing Board may determine that a proposed type
of home occupation is significantly more intense than the average
home occupation, and that the intensity creates a need for a larger
than average setback. Such finding may be sufficient to deny an application.
(c)
Home occupation, light. In addition to the standards in Subsection D(9)(a) above, the following standards shall apply to a light home occupation:
[1]
Traffic. The use shall not routinely involve the arrival at
the property for business purposes of more than four vehicles per
day. The use shall not require a need for parking beyond what is typically
provided for a dwelling.
[2]
Only persons who are permanent residents of the dwelling shall
work on the premises.
[3]
No sign shall identify the business.
(10)
Mobile home or modular unit as temporary accessory dwelling
for care of relative.
(a)
The unit shall be inhabited by relatives of inhabitants of the principal dwelling unit. See definition in § 440-30.
(b)
The unit shall be needed to provide housing for relatives who
need support services from their relatives because of physical and/or
mental disability, and not simply for economic reasons.
(c)
The unit shall comply with all lot area per dwelling unit, setback
and building coverage requirements of the applicable district. The
applicant shall prove that any on-lot septic system would be suitable.
(d)
The unit shall be removed from the lot within six months after the unit is no longer needed to meet § 440-42D(10)(b) above.
(e)
If the unit is a mobile home, then it shall meet the 1975 or
later safety and construction standards of the U.S. Department of
Housing and Urban Development.
(11)
Outdoor storage and display, commercial or industrial as a principal
or accessory use.
(a)
Location. Outdoor storage or display shall not occupy any part
of any of the following: the existing or future street right-of-way,
sidewalk or other area intended or designed for pedestrian use, required
parking area or required paved area setback (see § 440-66G).
(b)
No such storage or display shall occur on areas with a slope
in excess of 25% or within the 100-year floodway.
(d)
Tires. If more than 250 tires are stored on a lot, each stack
shall be a maximum of 15 feet high, and cover a maximum of 400 square
feet. Each stack shall be separated from other stacks by a minimum
of 75 feet.
(12)
Pets, keeping of. (NOTE: This does not apply to raising of livestock which is regulated by § 440-41 nor to keeping of animals permitted as an accessory use under the definition of "crop farming" in Article II.)
(a)
This is a permitted by right accessory use in all districts.
(b)
No use shall involve the keeping of animals or fowl in such
a manner or of such types of animals that it creates a serious nuisance
(including noise or odor), a health hazard or a public safety hazard.
The owner of the animals shall be responsible for collecting and properly
disposing of all fecal matter from pets. No dangerous animals shall
be kept outdoors in a residential district, except within a secure,
completely enclosed cage or fenced area of sufficient height or on
a leash under full control of the owner.
(c)
The total number of dogs and cats shall be a combined maximum
of six, except:
[1]
A maximum of 10 may be kept under this section on a lot of three
or more acres. Keeping of more than 10 adult cats or dogs shall be
regulated as a commercial kennel;
[2]
These numerical restrictions shall not apply to cats and dogs
of less than three months age, although commercial breeding shall
only be permitted as an accessory use to a dwelling under the general
home occupation regulations.
(d)
The keeping of three or more total pigeons (except as may be
preempted by the State Carrier Pigeon Law[1]), chickens, ducks, geese and/or similar fowl shall require
a minimum lot area of two acres. A maximum of 12 such fowl shall be
permitted under this keeping of pets section. Such animals shall be
kept on the property of the applicant. If there are three or more
such fowl on a lot, they shall be kept a minimum of 75 feet from any
dwelling other than that of the owner of the animals.
[1]
Editor's Note: See 53 P.S. § 3951 et seq.
(e)
Rabbits may be kept, provided that they do not create unsanitary
conditions or noxious odors for neighbors.
(f)
In any zoning district on a minimum lot area of two acres, up
to two horses may be maintained. Any keeping of three or more horses
over six months old shall be considered "livestock, raising of." Any
horse barn, corral, fenced-in area or stable shall be a minimum of
50 feet from any abutting residential lot line and 150 feet from any
existing dwelling other than that of the owner of the horses.
(g)
Keeping of more than the specified number of cats or dogs shall
be considered and regulated as a kennel.
(h)
Keeping of more than the specified number of pigeons or fowl
shall be considered and regulated as raising of livestock.
(i)
Keeping of more than the specified number of horses shall be
considered raising of livestock.
(j)
Only those pets that are domesticated and are compatible with
a residential character shall be permitted as keeping of pets. Examples
of permitted pets include dogs, cats, rabbits, gerbils, lizards and
fish, but do not include bears, goats, wolves, wolf-dog hybrids, cows,
venomous snakes that could be toxic to humans, hogs or sheep.
(k)
Any area used for the outdoor keeping of bees shall be set back
a minimum of 150 feet from all lot lines.
(13)
Recreational vehicle, storage of one or two. A maximum of two
uninhabited recreational vehicles in transportable condition may be
stored on a lot outside of an enclosed building within the following
limitations:
(a)
A recreational vehicle longer than 25 feet shall not be stored
for more than three days in any seven-day period within a required
front yard setback. Storage of greater than three days shall utilize
the side or rear setback area.
[Amended 9-10-2018 by Ord. No. 2018-2]
(b)
A recreational vehicle stored on the lot of a single-family
detached house other than within an approved mobile home park shall
be set back a minimum of five feet from the lot line of an abutting
single-family detached house.
(c)
Any recreational vehicle that is required to be registered or
licensed under state law to be operated and is not registered or licensed
shall be kept out of view from any public street or existing dwelling
(other than that of the owner).
(d)
A recreational vehicle shall not be used as a permanent dwelling
unit.
(e)
A recreational vehicle shall not be parked within 10 feet inside
from the curb of a public street or within 10 feet from the cartway
of an uncurbed public street, or beyond the clear sight triangle,
whichever is most restrictive.
(f)
The recreational vehicle provisions of this subsection shall
not apply within a manufactured/mobile home park.
(g)
Any recreational vehicle legally parked on a Township street
shall be able to be driven away under its own power or be attached
to a tow vehicle at all times.
[Added 9-10-2018 by Ord.
No. 2018-2]
(h)
Any recreational vehicle parked on a Township street shall be
parked only along the road frontage of the property owner of the recreational
vehicle and shall be parked there for no more than three days in any
seven-day period.
[Added 9-10-2018 by Ord.
No. 2018-2]
(i)
See additional requirements within a manufactured/mobile home
park in this chapter.
(14)
Residential accessory structure or use (see definition in Article II).
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in Article III, unless specifically exempted by this chapter.
(c)
Any skateboard ramp outside of an enclosed building shall be
located a minimum of 15 feet from any residential lot line and have
a maximum length of 15 feet and a maximum height of 10 feet.
(e)
See fences, tennis courts and recreational vehicle storage,
listed separately in this section.
(f)
Parking of commercial vehicles and trucks. The parking of commercial
vehicles is prohibited on a principally residential lot in a residential
district, except for one of the following, provided that such vehicle(s)
is needed by residents of the dwelling to travel to and from work:
[1]
The parking of a maximum of two vehicles, each of up to 12,000
pounds aggregate gross vehicle weight; or
[2]
The parking of one vehicle with an aggregate gross vehicle weight
of over 12,000 pounds aggregate gross vehicle weight, provided such
vehicle is kept a minimum of 75 feet from any dwelling on another
lot.
(g)
Commercial vehicles of 12,000 pounds or more aggregate gross
weight shall not be parked on any roadway in the Township with the
exception of short-term parking during a delivery.
[Added 9-10-2018 by Ord.
No. 2018-2]
(h)
Trucks.
[1]
No refrigerator unit of a truck shall be operated within a residential
district between 8:00 p.m. and 7:00 a.m. within 200 feet of a dwelling.
No maintenance or repair of either of the following shall occur on
a principally residential lot:
[2]
Within a residential district, trucks with an aggregate gross
vehicle weight of over 12,000 pounds shall not be started and allowed
to idle between the hours of 8:00 p.m. and 7:00 a.m.
(j)
Accessory buildings and structures, including garages and storage sheds. See setback provisions in § 440-36. See provisions for a waiver of setbacks in § 440-79B. See setback provisions for wood decks in § 440-79B(5)(c).
(k)
Personal trailers, including, but not limited to, equipment
storage trailers, landscape trailers, boat, motorcycle, snowmobile,
ATV trailers, car haulers and similar types of units shall not be
parked on any Township roadway for more than three days in any seven-day
period. Any trailer shall be attached to a vehicle so that it may
be moved immediately if needed. Any trailer shall only be parked along
the road frontage of the owner of the trailer. Any unit in excess
of 25 feet shall be parked on the side or rear lot of a residential
property.
[Added 9-10-2018 by Ord.
No. 2018-2]
(l)
All construction and trash dumpsters, moving pods or other similar
temporary portable storage units shall not be placed on any Township
roadway. They may be placed on a driveway or grassy area but must
not block any site triangles and must be placed a minimum of five
feet from any property line. Any dumpster or moving container shall
signify the company ownership and shall be properly tarped or covered
and drainage plugs in place. Temporary canvas-type bag dumpsters shall
not be stored on a property for more than 30 days.
[Added 9-10-2018 by Ord.
No. 2018-2]
(15)
Retail sales of agricultural products as an accessory use.
(a)
The use shall be an accessory use incidental to a crop farming,
greenhouse, plant nursery or raising of livestock use.
(b)
The only retail sales shall be of agricultural products and horticultural products, in addition to any handmade crafts produced by the operator of the market and/or his/her family. See definition of this use in § 440-30, concerning the limitations on percentage of products that are required to be produced by the operator.
(c)
Off-street parking shall be provided in compliance with the provisions of Article VI. No parking shall be permitted in such a way that it creates a safety hazard.
(d)
All structure erected for this use that are not clearly permanent
in nature shall be disassembled during seasons when products are not
offered for sale.
(f)
No stand shall be located closer than 50 feet from a lot line
of an existing dwelling, 25 feet from any other lot line or 100 feet
from the closest intersecting point of street rights-of-way at a street
intersection, unless the sales occur within a dwelling or barn that
existed prior to the adoption of this chapter.
(g)
A maximum of 1,500 square feet of building floor area may be
used for such use.
(h)
The use may occur within an existing dwelling, a barn or a separate
stand. Any stand shall be maintained in good condition.
(i)
The retail sales shall be located on land owned by the operator
of the market or upon a tract of five acres or more which the operator
of the market actively farms.
(16)
Satellite antennas.
(a)
Intent. To provide for reception of satellite communications,
while assuring that such uses will not detract from the character
of any area or adversely affect property values. To recognize that
the solidness and visibility of satellite antennas can create a very
strong visual impact on a neighborhood compared to most other noncommercial
antenna.
(b)
Satellite antenna shall be a permitted by right accessory use
in all districts for all uses subject to the restrictions in this
subsection. This chapter shall not regulate any satellite dish with
a diameter of 3.5 feet or less.
(c)
Location and number. The following shall apply to a satellite
antenna with a diameter of over 3.5 feet:
[1]
In a residential district, such satellite antenna shall not
be located within the required front yard of a residential use.
[2]
Such satellite antenna shall comply with the accessory setback
requirements of the applicable district.
[3]
Such satellite antenna may be placed on the roof of a structure
in a residential district only if less than 1/2 of such antenna would
be visible from a public street. An antenna may be roof-mounted in
any other district, without limitations on visibility.
[4]
A maximum of one such satellite antenna shall be permitted on
any lot in a residential district.
(d)
Size and height.
(e)
Screening. Any satellite antenna in a residential district that
is ground-mounted and visible from a public street shall be screened
by appropriate evergreen plantings with a minimum height of three
feet between the antenna and any public street, unless the applicant
proves to the satisfaction of the Zoning Officer that screening in
such a location would make it impossible to receive the electronic
signals.
(f)
Colors. Earth tones are strongly encouraged.
(g)
Large lot exemption. If a satellite antenna is to be located
a minimum of 200 feet from all exterior lot lines, the size, height
and placement requirements of this section shall not be binding.
(h)
Mobile stands. Satellite antenna on mobile stands are prohibited
except as may be initially needed to determine the best location for
an antenna.
(i)
Transmission. No satellite antenna provided for under this section
shall be used for the transmission of commercial electronic signals
within a residential district.
(j)
Wind resistance. Any satellite antenna shall be properly secured
so that it will be resistant to high winds.
(17)
Seasonal farm worker housing.
(a)
The applicant shall prove compliance with applicable Department
of Agriculture regulations (see 7 Pa. Code Chapter 82).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
The camp shall only house seasonal farm workers, as defined
by the Department of Agriculture regulations, and their immediate
families.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
The camp shall be an accessory use to an agricultural use. A
minimum lot area of 30 acres is required. All migrant labor camp buildings
shall be set back a minimum of 250 feet from any residential lot line
and 50 feet from any other lot line.
(d)
The applicant shall prove that the use will have adequate sewage
and water service.
(18)
Swimming pool, household (referred hereafter as "pool").
(a)
A building permit shall be required to locate, construct or
maintain a noncommercial swimming pool.
(b)
The pool shall not involve any commercial use.
(c)
Enclosure around in-ground pools. A new or existing in-ground
pool shall be completely surrounded by a secure fence, wall, portion
of a building and/or similar enclosure not less than four feet in
height (above the surrounding average ground level). This enclosure
shall be constructed to make it very difficult for small children
to climb up or slip through the enclosure. All gates or door openings
through such enclosure (other than a door to a building) shall be
self-closing and include a self-latching device on the pool side for
keeping the gate or door securely closed times when not in use.
(d)
Enclosure around aboveground pool. Any existing or new aboveground
pool shall include a secure fence, wall or other enclosure a minimum
of four feet high above the surrounding average ground level. This
enclosure may include the walls of the pool itself. Such pools shall
be equipped with an access ladder that can be raised and locked in
a position so that it is a minimum of four feet above the surrounding
ground level or otherwise completely inaccessible to children when
the pool is unattended.
(e)
Location. A pool and any deck or shelter that is elevated above
the average surrounding ground level shall meet the applicable setback
requirement for an accessory building. Patios around pools that are
level with the average surrounding ground level are not required to
meet setbacks. Where practical, a pool shall be located to the rear
of a dwelling. A pool is not permitted within a required front yard.
The water surface of a pool shall be set back a minimum of 15 feet
from all lot lines and shall not be located under or within 20 feet
of overhead electrical lines or over a water or sewer easement or
within 10 feet of a septic tank or septic drain field.
(f)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not overload or flood any a) on-lot
septic system or b) portion of a building or property not owned by
the owner of the pool. A pool shall not be located so as to interfere
with the operation of a well or on-lot septic system.
(g)
The Township may establish an inspection fee to ensure compliance
with this chapter, and shall require that the applicant call for a
final inspection of the pool by the Township prior to use. The Township
does not assume responsibility for guaranteeing to the public that
all new and existing pools fully comply with these provisions. A pool
alarm must be installed and made operational within the pool and must
be in place until the pool is drained or covered.
(h)
Water service. Any inlet from a central water system shall be
above the overflow level of the pool. If the water for a pool is supplied
by a private water system, there shall be no crossed connection with
the central water system.
(i)
Nuisances. A pool shall not include illumination of adjacent
residential properties beyond what is customary in a residential neighborhood.
A pool shall also not include the playing of a radio or recorded music
at a volume louder than is necessary for the convenient hearing of
persons at the pool.
(19)
Tennis or racquetball court.
(a)
A tennis or racquetball court shall not be located in the front
of a dwelling and shall not be located within any required accessory
yard areas. A tennis or racquetball court shall be set back 20 feet
from residential lot lines. See also the requirements for fences and
walls in this subsection.
(b)
No lighting shall shine directly beyond a boundary of the lot
where the court is located.
(c)
A tennis or racquetball court shall not be located over a drainage
field of an on-lot sewage disposal system.
(20)
Wind turbine.
[Added 11-19-2008 by Ord.
No. 2008-3]
(a)
The wind turbine shall be independent of any dwelling and shall
be located a minimum distance of 110% times the turbine height from
any property line.
(b)
No part of the wind turbine shall be located within or above
any required front, side or rear setback.
(c)
The minimum height of the lowest position of the wind rotor
shall be 25 feet above the ground.
(d)
The maximum height shall be 70 feet to the tip of the highest
blade.
(e)
Wind turbines shall not be climbable up to 15 feet above the
ground surface.
(g)
The design of the wind turbine 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, Gernanishcer Lloyd Wind Energies, or other similar
certifying organizations.
(h)
Wind turbines 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.
(i)
All electrical components of the wind turbine shall conform
to relevant and applicable local, state and national codes, and relevant
and applicable international standards.
(j)
Wind turbines shall be a nonobtrusive color such as white, off-white
or gray.
(k)
Wind turbines shall not be artificially lighted, except to the
extent required by the Federal Aviation Administration or other applicable
authority that regulates air safety.
(l)
Wind turbines shall not display advertising, except for reasonable
identification of the turbine manufacturer, which sign shall have
an area of less than 200 square inches.
(m)
On-site transmission and power lines shall be placed underground.
There shall be no exposed wiring.
(n)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(o)
The support structure shall be a monopole. Guy wires are prohibited.
(p)
The applicant shall make reasonable efforts to avoid any disruption
or loss of radio, telephone, television or similar signals, and shall
mitigate any harm caused by the wind turbine.
(q)
When a building is necessary for storage cells or related mechanical
equipment, the building must not exceed 150 square feet in area, 15
feet in height, and must not be located within any required front,
side, or rear setbacks.
(r)
The resultant energy harnessed from the wind shall only be used
on the property on which the wind turbine is located. Energy may only
be sold or otherwise transferred back to the power company.
(s)
The wind turbine shall comply with all other applicable regulations and requirements as set forth in this chapter. However, land development approval shall not be required under Chapter 375, Subdivision and Land Development, of this Code for a single wind turbine.
(t)
The landowner shall, at his expense, complete decommissioning
of the wind turbine within 12 months after the end of the useful life
of the wind turbine. It shall be presumed that the wind turbine is
at the end of its useful life if no electricity is generated for a
continuous period of 12 months.
(u)
Decommissioning of the wind turbine shall include removal of
the wind turbine, buildings, cabling, electrical components, roads,
foundations to a depth of 36 inches, and any other associated facilities.
Disturbed earth shall be graded and reseeded, unless the landowner
requests, in writing, that the access roads or other land surface
areas not be restored.
(v)
The wind turbine shall be subordinate to and located on the
same lot occupied by the principal use to which it relates.
(21)
Additional requirements for agritainment special standards.
[Added 12-6-2021 by Ord.
No. 2021-6]
(a)
The use shall be accessory to an owner-occupied residential
dwelling or farm, and the use shall be owned and operated by the residential
dwelling or farm owner(s).
(b)
The use shall require a minimum lot of 10 acres, and no portion
of the event, including parking, shall take place within 100 feet
of the boundaries of the lot.
(c)
The events held at the venue shall be private family or social
events for invited guests, for which fees may be charged, and shall
not be open to the general public.
(d)
The event may be conducted in buildings on the residential or
farming lot and in the outdoor areas of the lot, and the owner or
his/her designated representative shall be present at all times during
any event.
(e)
The venue shall not host more than 150 persons at one time.
(f)
Catered food, drinks (including beer and wine), and related
event services may be provided by the owner or by providers retained
by the owner. Alcoholic beverages shall not be permitted outside of
the venue. All federal, state and local laws and regulations shall
be complied with by the owner and any providers in connection with
such services.
(g)
Lighting, sound and music equipment and/or musicians may be provided at the venue, provided no sound or artificial light shall be permitted to leave the boundaries of the lot. Refer to Article V of this chapter for requirements.
(h)
Parking shall be provided for patrons of the event, and no parking by patrons shall be permitted on any public road. The owner(s) shall ensure that ingress and egress during the event to the venue does not cause congestion on any public road. Refer to Article VI of this chapter for requirements.
(i)
Signs for this use are regulated in § 440-67A as "all residential districts permitted principal nonresidential signs."
(k)
No public liability or property insurance shall be required
by the Township for this use.
(l)
The operation of the use shall at all times comply with all
federal, state and local laws and regulations.
(22)
Additional requirements for agritourism special standards.
[Added 12-6-2021 by Ord.
No. 2021-6]
(a)
The use shall require a minimum lot of 10 acres;
(b)
The following activities, and activities that the applicant
proves are closely similar, shall be permitted as an agritourism enterprise:
[1]
Farmers' markets, providing all vendors and sales are located
in an enclosed building;
[2]
"U-pick" operations;
[3]
Dairy, ice cream and bakery retail facilities;
[4]
Wineries, winery tours and tasting rooms;
[5]
Local farm products retail operations (including crafts, food
products, garden and nursery products, and clothing products made
from the wool of animals raised on the farm use, etc.);
[6]
Corn mazes (with educational/interpretation components);
[7]
Farm-related interpretive facilities and exhibits;
[8]
Agriculturally related educational and learning experiences;
[9]
Agriculturally related special events, agricultural fairs and
festivals;
[10]
On-site farm, garden, greenhouse and nursery tours;
[11]
Walking and bicycle tours and trails;
[12]
Horseback/pony rides, petting zoos and other animal
exhibits.
(c)
The following activities shall be prohibited:
[1]
Restaurants, taverns, breweries and/or microbreweries;
[2]
Flea markets;
[3]
Any other use that is not agriculturally related, or is not
related to the natural resources that are present on the property,
or is deemed not to be incidental to the agricultural operation on
the property, or is otherwise deemed to be too intense for the agricultural
zoning district whereby the intent of the agricultural zoning district
will not be preserved.
(d)
It shall be the responsibility of the applicant and/or landowner
to prove compliance with these regulations at the time of application
for a zoning permit.
(e)
Agritourism enterprises must be incidental to and directly supportive
of the agricultural use of the property and will not have significant
impacts on the agricultural viability or rural character of neighboring
properties.
(f)
An agritourism enterprise shall be conducted by a resident or
owner of the property and/or his/her immediate relatives. Up to four
unrelated full-time employees may be employed by the owner or immediate
relatives. Additional part time employees or volunteers may be permitted
for special events, fairs or festivals.
(g)
At least 50% of the products for display and sale shall be grown,
prepared, or produced on the subject property.
(h)
The applicant shall identify the anticipated hours of operation
for the agritourism enterprise. In no case shall the agritourism enterprise
generate noxious odors, noise or glare beyond amounts that are typically
generated by agricultural operations. Agritourism enterprises shall
not routinely occur in a manner that generates traffic or noise heard
by neighbors between the hours of 9:00 p.m. and 7:00 a.m. This shall
not include commercial retail sale of agricultural products that are
regulated under laws of the commonwealth.
(i)
The parking area shall be designed in accordance with this chapter.
(j)
All signage advertising the agritourism enterprise shall comply with Article VII of this chapter.
(k)
For purposes of this section, existing and new buildings shall
maintain a residential or agricultural appearance as viewed from a
public street.
(l)
The reuse of an existing barn or other existing buildings shall be given priority over the construction of new building(s). If a new building is proposed, any land development plan shall be in accordance with the regulations of Chapter 375, Subdivision and Land Development, of this Code. The total of all building floor areas utilized for an agritourism use after the adoption of this chapter shall not exceed 5% of the total lot area. All structures shall be subject to the requirements of the Pennsylvania Uniform Construction Code.[3]
(m)
All food and beverages sold for consumption on-site shall comply
with federal, state and local regulations. Food and beverages should
be limited to only those value-added products that are produced from
or grown on the farm, unless they are secondary and incidental to
the primary agricultural use on the property. In all cases, the use
of locally grown or produced food and/or beverages is encouraged.
(n)
Applicant must provide evidence that sufficient sanitary sewer
facilities will be provided in accordance with all applicable DEP
regulations.
(o)
Applicant shall provide evidence that all other applicable state
and federal permits for operation of an agritourism enterprise have
been obtained.
(p)
There shall be no outside display, sales, or storage permitted,
unless this activity is fully screened with a combination of opaque
wood fencing, and dense landscaping. This activity shall be prohibited
within 100 feet along all public rights-of-way. This shall not be
interpreted to prohibit outside sales or display of products during
a permitted special event, agricultural fair or festival.
(q)
This subsection shall not regulate agricultural uses that are
permitted under other provisions of this chapter or laws of the commonwealth.
[Added 11-15-2006 by Ord.
No. 2006-2; amended by Ord. No.
2021-1]
The active adult residential community is an option in the SR
Zoning District only. Any active adult residential community development
shall meet the following requirements:
A.
Purposes. To provide housing and related private recreational facilities
for older persons as that term is defined in the Federal Fair Housing
Act, as amended,[1] in regulations promulgated (or to be promulgated) thereunder.
Zoning for an active adult residential community recognizes that compared
to housing that is not age-qualified, the average age-restricted household:
(1)
Does not create burdens upon the public school system;
(2)
Creates little demand for athletic fields;
(3)
Generates less traffic;
(4)
Involves lower water and sewage flows; and
(5)
Needs fewer parking spaces.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
B.
Each dwelling unit in an active adult development shall be limited
by deed restriction, by condition of subdivision and land development
approval and by any lease to occupancy by at least one person age
55 or older and to prohibit occupancy by anyone under the age of 19
for longer than one month in any calendar year.
C.
The following dwelling types shall be allowed within an active adult
residential community: single-family detached dwellings, single-family
semidetached dwellings and single-family attached dwellings. A minimum
of 40% of the total dwelling units shall be single-family detached
dwellings. A maximum of 30% of the total dwellings may be single-family
attached dwellings.
D.
No more than four dwelling units shall be attached in one structure.
E.
Active adult residential community shall require the condominium
association or homeowners' association to maintain commonly owned
areas, private streets and other common facilities. All residents
of the development shall be required to pay necessary fees to the
condominium association or homeowners' association, with a proper
enforcement mechanism as provided by state law.
F.
All internal streets shall be privately owned and maintained. The cartway shall be a minimum of 30 feet in width and constructed to the minimum standards of local streets as specified in Chapter 375, Subdivision and Land Development, of this Code. Curb shall be required along all internal private streets with a minimum curb return radii at an intersection of 25 feet. Sidewalks shall be supplied on at least one side of all internal streets.
G.
Each dwelling unit may be owned as a unit within a condominium, cooperative
or homeowners' association without the requirement of individual lot
lines.
H.
Each dwelling unit shall be served by public water and public sewage
services; providing sewage service from any on-lot or off-site community
system is prohibited.
[Amended 11-7-2016 by Ord. No. 2016-3]
I.
The minimum tract size shall be 25 acres, which shall be controlled
by a single entity at the time of the subdivision and land development
application.
J.
The perimeter of an AARC tract adjacent to public streets shall have
a landscape planting and lawn area with a minimum width of 20 feet
along the length of such public streets. This planting area shall
be outside of any required future/ultimate street right-of-way but
may overlap a required setback. No buildings shall be permitted in
the planting area. This planting area shall follow a landscape plan
that is submitted to the Township for approval. This planting area
shall be maintained by the condominium association or homeowners'
association.
K.
The maximum density shall be four units per gross acre. Areas occupied
by recreational uses, buildings, wooded areas, rights-of-way for future
internal streets and sidewalks, buffer areas, and open space areas
of the tract within the zoning district shall not be deleted from
the total lot area for the purposes of determining maximum density.
Existing rights-of-way for existing public streets, future street
rights-of-way abutting existing streets that are required for dedication,
storrmwater retention/detention areas, areas within the 100-year floodplain
per official FEMA/FIA maps, areas with a natural slope greater than
15% covering a contiguous area of one acre or greater, and areas with
overhead electric or other overhead utility rights-of-way or easements
shall be subtracted from the gross area considered for the maximum
density calculation. Slopes, measured covering a contiguous area of
one acre or greater shall affect the maximum density as follows:
[Amended 11-7-2016 by Ord. No. 2016-3; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
L.
An AARC shall not include any commercial uses for the principal or
accessory use of serving the public generally and shall be for the
primary purpose of serving the needs of the AARC residents. Deed restrictions
shall be required to restrict use to residents of the AARC and guests
accompanied by residents of the AARC.
M.
Each dwelling unit in an AARC shall be limited by deed restriction,
by condition of subdivision and land development approval and shall
be expressly intended for "older persons" as defined in the Federal
Fair Housing Act, as amended[2] in regulations promulgated (or to be promulgated) thereunder.
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq.
N.
Each dwelling unit shall have a minimum setback of 1) 30 feet from
the ultimate/future right-of-way of any public street, 2) 25 feet
from the edge of cartway of any private street and 3) 25 feet around
the perimeter of an AARC tract. The following minimum separation distances
shall apply between the walls of buildings: 1) 20 feet between the
sides of buildings, 2) 25 feet between the rear and the side of a
building and 3) 40 feet between the rear of buildings.
[Amended 11-7-2016 by Ord. No. 2016-3]
O.
A common recreation area shall be improved by the developer with private recreation facilities for the residents of the development and their occasional invited guests. At a minimum, this recreation area shall include an indoor community center and an accessory outdoor recreation area, such as facilities for games for seniors. The community center shall include a minimum of 25 square feet of interior building space per dwelling unit. The community center at a minimum shall include the following: indoor exercise/fitness facilities, multipurpose room, a kitchen, restrooms, and areas for crafts and activities. These recreation facilities shall be in addition to 50% of the customary recreation fee requirements or open space requirements of Chapter 375, Subdivision and Land Development. The subdivision or land development plan shall include a detailed description of the types and locations of recreational facilities that will be constructed. The recreation facilities shall be privately owned by and privately maintained by the community and shall not be dedicated to the Township.
P.
All driveways from dwellings shall enter onto an internal street
or parking court system within the development. No new driveway for
a dwelling shall enter directly onto an existing public street.
Q.
The maximum building height shall be 2.5 stories or 35 feet, whichever
is more restrictive.
R.
Total impervious coverage shall not exceed 50% of the entire parent
tract.
S.
A minimum of four off-street parking spaces shall be provided for
each dwelling unit. Two of these spaces may be located in garages,
while two additional spaces may be located on driveways. A minimum
of one off-street parking space per 10 dwelling units shall be provided
for the community center. Additionally, 10% of these spaces shall
be designated for handicapped parking. These requirements are in lieu
of other off-street parking requirements contained within this chapter.
T.
Preliminary architectural renderings shall be provided of typical
dwelling units within the development at the time of submission of
the preliminary subdivision and land development plan.
U.
The declaration documents of the within association shall be submitted
for review by the Township Solicitor for content on budgeting provisions,
expenses and accounting provisions. The association declaration documents
shall include the requirement that the accounting records and financial
statements will be audited by a certified public accountant (CPA)
of the Township's choosing, on an annual basis, not later than the
fourth month of the close of the association's fiscal year. A report
shall then be supplied each year to the Township, from the CPA, at
the expense of the association. These requirements shall follow to
all future or successor associations governing the within development.
