The following standards shall be applied to all properties within
Hamiltonban Township. These requirements shall supplement requirements
that may be found in the zoning district applicable to a specific
property, as well as generally applicable standards, including, but
not necessarily limited to, parking, loading, and signs standards.
For all corner lots, the front yard setback or build-to line
standard, as may be appropriate and as defined in the underlying zoning
district, shall be applied along each adjoining street. The rear setback
standard shall be applied to the property line opposite the street
to which the property is addressed. The side setback standard shall
be applied to all other property lines.
For all double frontage lots, the front yard setback or build-to
line standard, as may be appropriate and as defined in the underlying
zoning district, shall be applied along the adjoining street to which
the property is addressed. The rear setback standard shall be applied
along the street opposite the street to which the property is addressed.
The side setback standard shall be applied to all other property lines.
No building, structure, sign, fence, landscape planting, or
other property improvement regulated by this chapter may be located
within the required clear sight triangle at any street intersection.
Accessory buildings shall be permitted in accordance with the
following requirements:
A.
Accessory buildings shall be located in the side or rear yard. Accessory
building shall not be authorized to be located in the front yard.
B.
Accessory buildings less than or equal to 200 square feet in size
may be located within five feet of any side or rear property line.
Accessory buildings greater than 200 square feet in size shall be
subject to the applicable setback requirements of the underlying zoning
district.
C.
Accessory building shall be subject to the building height standard
of the underlying zoning district.
Fences shall be permitted as an accessory structure in accordance
with the following requirements:
A.
Maximum height, front yards. The maximum fence height in the OS,
LC, RR, AP, SR, VM, V, and MC Districts shall be four feet. The maximum
fence height in the C and I Districts shall be six feet.
B.
Maximum height, side and rear yards. The maximum fence height in
the OS, LC, RR, AP, SR, VM, V and MC Districts shall be six feet.
The maximum fence height in the C and I Districts shall be eight feet.
C.
For nonconforming uses, the maximum fence height shall be the maximum
fence height authorized within the zoning district where the nonconforming
use would be a permitted use.
D.
Hazardous attachments. No fence in the OS, LC, RR, AP, SR, VM, V
and MC Districts or on residential properties in the C and I Districts
shall include barbed wire or similar hazardous attachments. Nonresidential
properties in the C and I Districts may include no more than three
strands of barbed wire or may include wrought iron spikes.
F.
Setbacks. Fences shall not be subject to the setback requirements
of the underlying zoning district. However, fences shall be subject
to a three-foot setback from any right-of-way along a public or private
street or alley.
Swimming pools shall be permitted as an accessory structure
in accordance with the following requirements:
A.
A zoning permit shall be required for any of the following types
of swimming pools:
[Amended 11-16-2021 by Ord. No. 2021-10]
(1)
Any
swimming pool constructed as a permanent fixture on the property.
Such swimming pools include, but are not limited to, in-ground swimming
pools and aboveground pools constructed or intended to be constructed
as a permanent structure on the property.
(2)
Any
swimming pool installed or intended to be installed seasonally on
the property. Such swimming pools include, but are not limited to,
inflatable pools. Plastic or inflatable children's pools that are
emptied or typically emptied after each use are exempted from the
zoning permit requirement of this section.
B.
Swimming pools shall be located within a side or rear yard. Swimming
pools shall not be permitted to be located in a front yard.
C.
Any swimming pool shall be surrounded by a fence, wall, or other
barrier of no less than four feet in height above grade. When the
side of the swimming pool itself equals or exceeds four feet in height
above grade, the pool itself may be considered to be the barrier.
[Amended 11-16-2021 by Ord. No. 2021-10]
D.
Any gate or door through the fence, wall, or other barrier required in Subsection C above shall be provided with a self-closing, self-locking mechanism.
[Added 11-16-2021 by Ord. No. 2021-10]
E.
Building
permit required. The construction or installation of a swimming pool
shall be subject to any permitting and inspections with regard to
applicable provisions of the Pennsylvania Uniform Construction Code
(UCC) in addition to any permitting required to demonstrate compliance
with the provisions of this chapter. Issuance of any required building
permitting shall be listed as a condition of approval for the zoning
permit required by this chapter.
[Added 11-16-2021 by Ord. No. 2021-10]
Use of solar panels shall be permitted as an accessory structure
in all zoning districts in accordance with the following standards:
A.
Solar panels, roof-mounted. Roof-mounted solar panels shall be permitted
in accordance with the following standards:
(1)
Roof-mounted solar panels shall comply with the maximum building
height requirements of the zoning district where the installation
of the solar panel is proposed.
(2)
On pitched roofs, roof-mounted solar panels shall be installed as
close to parallel as possible to the pitch of the roof while not sacrificing
the efficiency of the solar panel.
(3)
On flat roofs, roof-mounted solar panels may be installed at an angle
to improve the efficiency of the solar panel with regard to the predominant
sun angle, provided that the solar panel is placed in a manner to
minimize its visibility from street level. In no case may solar panels
extend more than five feet above the top of a flat roof.
B.
Solar panels, ground-mounted. Ground-mounted solar panels shall be
permitted in accordance with the following standards.
(1)
Ground-mounted solar panels shall comply with the setback requirements
of the district where the installation of the solar panel is proposed.
(2)
Ground-mounted solar panels shall not be permitted by right in any
front yard. The Zoning Hearing Board may authorize, by special exception,
the installation of a ground-mounted solar panel in a front yard if
the applicant demonstrates that, due to solar access limitations,
no location exists on the property other than the front yard where
the solar panel can perform effectively.
(3)
Ground-mounted solar panels shall not exceed a height of 10 feet.
(4)
Glare from ground-mounted solar panels shall be directed away from
adjoining properties or street rights-of-way. Fences or vegetative
screens may be utilized to prevent glare from impacting adjoining
properties or street rights-of-way.
C.
General requirements. The following requirements shall apply to all
solar panel installations:
(1)
Building permit required. The installation of solar panels shall
be subject any permitting and inspections with regard to applicable
provisions of the Pennsylvania Uniform Construction Code (UCC) in
addition to any permitting required to demonstrate compliance with
the provisions of this chapter. Issuance of any required building
permitting shall be listed as a condition of approval for the zoning
permit required by this chapter.
(2)
Purpose of facility. The primary purpose of a solar panel installation
shall be to provide power for the principal use of the property where
the installation of said power generation is proposed. The primary
purposes of the facility shall not be for the generation of power
for commercial purposes, although this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time.
Use of wind turbines shall be permitted as an accessory structure
in all zoning districts in accordance with the following standards:
A.
Performance standards.
(1)
Wind turbines shall be setback from all property lines a distance
of 1/2 the height of the tower supporting the wind generation facility.
(2)
The tower supporting the wind turbine shall not exceed 150% of the
maximum building height for the zoning district where installation
of the wind generation facility is proposed.
(3)
Wind turbines shall not be permitted in any front yard.
B.
General requirements. The following requirements shall apply to all
wind turbine installations:
(1)
Building permit required. The installation of wind turbines shall
be subject any permitting and inspections with regard to applicable
provisions of the Pennsylvania Uniform Construction Code (UCC) in
addition to any permitting required to demonstrate compliance with
the provisions of this chapter. Issuance of any required building
permitting shall be listed as a condition of approval for the zoning
permit required by this chapter.
(2)
Purpose of facility. The primary purpose of a wind turbine installation
shall be to provide power for the principal use of the property where
the installation of said power generation is proposed. The primary
purposes of the facility shall not be for the generation of power
for commercial purposes, although this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time.
The use of outdoor wood-fired boilers shall be permitted as
an accessory structure in accordance with the following standards:
A.
Locations authorized. The use of outdoor wood-fired boilers is permitted
in the OS, LC, RR, AP, MC, C, and I Districts. The use of outdoor
wood-fired boilers is not permitted in the SR, VM, and V Districts.
B.
Performance standards. The use of outdoor wood-fired boilers shall
comply with the following performance standards:
(1)
Boiler type. Only Phase 2 outdoor wood-fired boilers shall be permitted.
(2)
Setbacks. No outdoor wood-fired boiler shall be located closer than
150 feet from any property line.
(3)
Stack height. All outdoor wood-fired boilers shall be installed with
a permanent attached stack with a minimum stack height of 10 feet
above ground level.
(4)
Fuel requirements. Fuel for outdoor wood-fired boilers shall be limited
to the following. Use of fuel sources not listed below shall be considered
to be a violation of this chapter.
(5)
Number. There shall be no more than one outdoor wood-fired boiler
on any property.
(6)
Building permit required. The installation of outdoor wood-fired
boilers shall be subject to any permitting and inspections with regard
to applicable provisions of the Pennsylvania Uniform Construction
Code (UCC), in addition to any permitting required to demonstrate
compliance with the provisions of this chapter. Issuance of any required
building permitting shall be listed as a condition of approval for
the zoning permit required by this chapter.
Fans, skylights, cooling towers, vents, heating and cooling
equipment, and any other similar on-roof equipment shall be effectively
shielded from view from any public or private street by an architecturally
sound method. Such method shall be documented on the zoning permit
application for the building or building addition to which said on-roof
equipment is associated.
Chimneys, flues, towers, spires, cupola domes, pole masts, antennas,
barns, silos, and similar structures shall be exempt from the maximum
height regulations of this chapter.
The following standards shall be applied to instances where
architectural or other related building features are proposed to extend
into setbacks as may be established by this chapter.
A.
Cornices, canopies, eaves, or other similar architectural features
may project into front, side, or rear setbacks a maximum of one foot.
B.
Bay windows, balconies, fireplaces, uncovered stairways and necessary
landings, and chimneys may project into front, side, or rear setbacks
a maximum of three feet.
C.
The above requirements shall not be applied in a manner that would
allow architectural or building features to project across a property
line or into a street right-of-way.
The following standards shall be applicable to riparian buffer
areas in any location of the Township:
A.
Delineation. The riparian buffer area shall be delineated in accordance
with the following parameters:
(1)
Second order streams. The minimum width of the riparian buffer area
shall be 25 feet from the defined edge of the stream at bank-full
flow.
(2)
Third order and higher order streams. The minimum width of the riparian
buffer area shall be 50 feet from the defined edge of the steam at
bank-full flow.
(3)
Riparian buffer map. The riparian buffer areas shall be shown upon
the map attached to and made part of this chapter, which map is dated
and designated as the "Hamiltonban Township Zoning Map Riparian Buffer
Areas." The said map and all notations, references, and other data
shown therein are hereby incorporated into this chapter as if all
were fully described herein.
B.
Management of existing riparian buffers. Riparian buffer areas shall
be managed in accordance the following provisions:
(1)
Where forest vegetation exists within a riparian buffer area, such
forest vegetation shall be maintained. Dead trees, diseased trees,
or hazardous trees that jeopardize public safety may be removed.
(2)
Where forest vegetation does not exist within a riparian buffer area,
the vegetation that does exist shall be maintained in its current
condition or be managed to allow forest succession and regeneration
to occur.
(3)
Structural development and other nonvegetative cover shall be prohibited. Structural development and nonvegetative cover that exists as of the effective date of this article shall be considered to be nonconforming and may be maintained in accordance with § 375-95.
(4)
Stream crossings for farm vehicles, livestock, roads, railroads,
central sewer and water lines, and similar types of crossings may
be permitted, provided that applicable stream crossing permitting
from the Pennsylvania Department of Environmental Protection or similar
agency is obtained.
(5)
Fishing access and passive recreation use of riparian buffer areas
may be permitted.
C.
Restoration of riparian buffer areas. Where a property that includes
a riparian buffer area is proposed for development, or where such
property is subject to an application for a change of land use that
involves the development of new structural features (buildings, parking
lots, stormwater management facilities, and similar features), the
riparian buffer area shall be restored in accordance with the following
provisions.
(2)
Number of trees required. The number of trees to be planted shall
be calculated by multiplying the riparian buffer area, minus the area
devoted any existing structural development and expressed in acres,
by 55 trees. Where the multiplication above yields a fractional portion
of a tree, the calculation shall be rounded up.
(3)
Tree credit. Where trees already exist within the riparian buffer areas, such existing trees shall be credited to the total number of trees calculated in Subsection C(2) above.
(4)
Tree species.
(a)
Tree species chosen for planting in the riparian buffer area
shall be native to Pennsylvania and shall prefer wet growing conditions.
Suitable trees include the following:
|
Common Name
|
Latin Name
|
|---|---|
|
Red maple
|
Acer rubrum
|
|
River birch
|
Betula nigra
|
|
Black gum
|
Nyssa sylvatica
|
|
Sycamore
|
Platamus occidentalis
|
|
Pin oak
|
Quercus palustris
|
|
Sugar maple
|
Acer saccharum
|
|
Silver maple
|
Acer saccharinum
|
|
Black willow
|
Salix nigra
|
|
American beech
|
Fagus grandifolia
|
|
Smooth alder
|
Alnus serrulata
|
(b)
Other tree species may be chosen, provided the applicant documents
that said other tree species are native to Pennsylvania and offer
the same growing characteristics as those listed above.
(5)
Mix of tree species. A mixture of tree species shall be chosen to
encourage a diverse buffer from an ecological perspective. Mixture
of tree species shall comply with the following scale:
|
Acres of Riparian Buffer Area
|
Minimum Number of Tree Species
|
|---|---|
|
0 to <1
|
2
|
|
1 to <2
|
3
|
|
2 to <3
|
4
|
|
3 to <5
|
5
|
|
5 to <10
|
6
|
|
10 or more
|
7
|
(6)
Standards at time of planting. Riparian buffer areas shall be planted
in accordance with the following standards:
(a)
Tree spacing. Tree spacing within riparian buffer areas shall
be a maximum of 40 feet.
(b)
Trees shall be planted as seedlings with a minimum height of
18 inches.
(c)
Trees shall be sheltered and staked to prevent damage from competing
plants, and from animals and/or maintenance equipment. At a minimum,
the tree shelter shall be comprised of a four-foot tree tube. The
tree tube shall be retained until such time that the tree achieves
a height that precludes deer-browsing damage.
(7)
Replacement. Should any trees that have been planted to meet the
riparian buffer area restoration requirements of this section die
or become damaged (due to animals, mowing, or other impacts) within
three years of said planting, such trees shall be replaced.
The following standards shall be applied to any property characterized
by steep slopes:
A.
Delineation. "Steep slopes" are hereby defined as any land area with
a slope equal to or exceeding 15%. "Very steep slopes" are hereby
defined as any land area with a slope equal to or exceeding 25%. Steep
slopes and very steep slopes shall be shown upon the map attached
to and made part of this chapter, which map is dated and designated
as the "Hamiltonban Township Zoning Map Steep Slope Areas." The said
map and all notations, references, and other date shown therein are
hereby incorporated into this chapter as if all were fully described
herein. The delineated areas shall represent the minimum area within
the Township for which the standards of this section apply. Application
of these standards to other areas of the Township may occur based
on specific analysis or calculation of slopes on a given site.
B.
Limitations on new development. New development on property comprised
of steep slope and very steep slope areas shall be limited by the
following standards:
(1)
No building, along with accessory improvements (including but not
limited to parking lots, but not including agricultural fields, forestry,
or resource extraction operations), shall be permitted to be constructed
on a very steep slope. Where an entire property is comprised of very
steep slope, the building or accessory improvements shall be located
on the least steep portion of the property.
(2)
Buildings and accessory improvements may be permitted on a steep
slope, provided the following requirements are met:
(3)
No access drive, other than access drives associated with a farm
or forestry operation, shall be constructed on a very steep slope.
Where an entire property is comprised of very steep slope, the access
drive shall be located in a manner that results in the lowest possible
land area being used for said access drive.
(4)
Access drives may be permitted on a steep slope, provided the following
requirements are met:
(a)
There are no portions of the property not comprised of steep
slope where driveway placement is possible.
(b)
The maximum area of disturbance of any steep slope for location
of an access drive shall not exceed 10% of the steep slope area.
(c)
Access drives shall roughly follow topographic contour lines
rather than cross said contour lines in a perpendicular fashion.
C.
Limitations on developed properties. Development on previously developed
properties comprised of steep slope and very steep slope areas shall
be limited by the following standards:
(1)
No building expansion or accessory improvements expansion (including
but not limited to parking lots, but not including agricultural fields,
forestry, or resource extraction operations) shall be permitted to
be constructed on a very steep slope. Where an entire property is
comprised of very steep slope, the building expansion or accessory
improvements expansion shall be located on the least steep portion
of the property.
(2)
Building expansions and accessory improvements expansions may be
permitted on a steep slope, provided the following requirements are
met:
(a)
There are no portions of the property not comprised of steep
slope where building expansion and accessory improvement expansion
is possible.
(b)
The maximum area of disturbance of any steep slope for building
expansion and accessory improvement expansion shall not exceed 10%
of the steep slope area.
(3)
No expansions or relocations of an access drive, other than access
drives associated with a farm or forestry operation, shall be constructed
on a very steep slope. Where an entire property is comprised of very
steep slope, the access drive shall be located in a manner that results
in the lowest possible land area being used for said access drive.
(4)
Expansions or relocation of access drives may be permitted on a steep
slope, provided the following requirements are met:
(a)
There are no portions of the property not comprised of steep
slope where driveway placement is possible.
(b)
The maximum area of disturbance of any steep slope for location
of an access drive shall not exceed 5% of the steep slope area.
(c)
Access drives shall roughly follow topographic contour lines
rather than cross said contour lines in a perpendicular fashion.
