[Ord. No. 5-2005, 10/11/2005]
This Part lists specific controls over certain aspects of land utilization. These controls are important to the accomplishment of the purpose of this chapter and shall be strictly applied.
[Ord. No. 5-2005, 10/11/2005]
These controls shall apply when they are specifically referred to in regulations of the applicable zoning district, elsewhere within this chapter.
[Ord. No. 5-2005, 10/11/2005]
[Ord. No. 5-2005, 10/11/2005]
Every principal building shall be on lots which have safe and convenient access for servicing, fire protection and required off-street parking/loading, and shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to Chapter 22, Subdivision and Land Development.
[Ord. No. 5-2005, 10/11/2005]
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
[Ord. No. 5-2005, 10/11/2005]
1.
Except as otherwise provided in this section, only customary household pets (as defined herein) shall be permitted in residential zones.
2.
The keeping of horses in residential zones is prohibited.
3.
Horses.
A.
A horse is only permitted in S-1 and A-1 Zones on-sites of not less than three acres.
B.
If more than one horse is to be kept, there shall be not more than one horse per each additional one acre.
C.
A corral shall be provided to enclose the area where horses are to be kept, and such a corral shall not be closer than 100 feet to any residential zone lot or any dwelling other than the horse owner's dwelling.
D.
Where more than three horses are to be kept on a site, a manure management plan shall be prepared with the assistance and concurrence of the Luzerne County Soil Conversation Service and the Pennsylvania State University Cooperative Extension Office. The applicant shall submit the Plan to the Township's Zoning Officer.
(1)
All manure management plans shall, at a minimum, follow the guidelines and comply with the criteria set forth in the Pennsylvania Department of Environmental Protection publication entitled "Manure Management for Environmental Protection," dated October 1986, and all technical supplements thereto, as revised and amended as of the date the manure management plan is submitted.
(2)
The manure management plan shall include provisions for control of runoff, odor, vectors, and other nuisances. When wastes are stored outdoors, waste material shall not be less than 200 feet from any property line, potable water supply, surface water body, stormwater drainage channel, or occupied residential dwelling, excluding the subject property owner's or tenant's residence. Any land application of treatment of wastes shall be done in accordance with accepted practices recommended by the County Conservation District. Such application shall be prohibited on lands exceeding 15% in slope and where bedrock lies less than two feet below the ground surface.
(3)
The manure management plan shall include a statement that periodic inspections by the Township's Zoning Office will be permitted to verify that conditions of the Plan have been met an continue to be in compliance.
(4)
When the manure management plan includes the use of leased or rented land for disposal of manure, a lease or rental agreement specifically stating that manure disposal is permitted on the leased or rented property shall be included.
(5)
Disposal of dead animals on all land, including that land intended for manure management, is expressly prohibited. Dead animals must be disposed of by rendering.
[Ord. No. 5-2005, 10/11/2005]
1.
General.
A.
No accessory structure shall be permitted within any front yard; and, no accessory structure shall be nearer to any side property line or rear property line than 10 feet except as otherwise provided herein.
B.
No activities shall be permitted which create a public nuisance or interfere with the use of adjacent residential lots.
C.
The maximum height of any accessory building, except one located on a farm, shall not exceed 20 feet or the height of the principal structure, whichever is less. The maximum area of any accessory building, except one located on a farm, shall not exceed 1,200 square feet in area.
[Amended by Ord. No. 3-2012, 11/13/2012]
D.
The minimum distance between any accessory buildings shall be 10 feet. The minimum distance between any accessory building not attached to the principal building and a principal building shall be 10 feet.
E.
On any residential lot with an area of less than 15,000 square feet, there shall be not more than two accessory structures. On any residential lot with an area of more than 15,000 square feet, there shall be not more than four accessory structures.
F.
Accessory uses include, but are not limited to, animal shelters, tool sheds, private detached garages, noncommercial greenhouses and noncommercial tennis courts. Noncommercial swimming pools and related structures used solely by the occupants of the principal use of the property on which it is located and their guests shall not be included in the tabulation of the maximum allowed number of accessory buildings.
2.
Use Regulations.
A.
Swimming Pools. No swimming pools shall be erected or installed unless a permit has been obtained from the Township. Private swimming pools, permanent and portable, which shall be accessory to a principal noncommercial dwelling use shall be regulated as follows:
(1)
Such use may be erected only on the same zone lot as the principal structure.
(2)
Swimming pools, including any walks or paved areas or accessory structures adjacent thereto, may not be located closer than 10 feet to any property line of the property on which they are located and shall not be located within a required front yard.
(3)
The swimming pool shall be sued solely for the enjoyment of the occupants of the principal use of the property on which it is located, and their guests, and no fee shall be charged for the use thereof.
(4)
The swimming pool, or the entire property on which it is located, shall be so walled or substantially fenced so as to prevent uncontrolled access by children from the street or from adjacent properties, said fence or wall to be not less than six feet in height and maintained in good condition. Pools beyond 200 feet of any public road need not be fenced. Aboveground pools shall be exempt from the provisions of this Subsection 2A(4) to protect against uncontrolled access by children, when equivalent protection is provided, such as:
(5)
All pumping, cleaning, filtering and screening devices shall be of a type and source approved by local and/or State Health Department authorities.
B.
Detached Garages. There shall be not more than 1,200 square feet of accessory garage space on any residential lot. No temporary structure shall be permitted.
C.
No-Impact Home-Based Business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process with creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
3.
Apartment and Townhouse Accessory Uses. Apartment and townhouse accessory uses shall be restricted to uses designed for residents of the dwelling units and may include areas for washing machines and dryers, lockers or storage areas and recreational rooms and lounges.
[Ord. No. 5-2005, 10/11/2005]
1.
General.
[Amended by Ord. No. 3-2012, 11/13/2012]
A.
No accessory structure shall be located within any required front or side yard or within 20 feet of the rear property line.
B.
The maximum height of any accessory building shall not exceed 20 feet or the height of the principal structure, whichever is less.
C.
The maximum area of any accessory building shall not exceed 1,200 square feet in area.
[Ord. No. 5-2005, 10/11/2005]
1.
All areas for off-street parking, off-street unloading and loading and the storage or movement of motor vehicles shall be physically separated from the public street or highway by a raised curb, planting strip or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from each parking, loading or storage area.
2.
Each use with less than 100 feet of frontage on a public street shall have not more than one accessory to each such street. No use with 100 feet or more frontage on a public street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, movement into and out of parking areas shall avoid direct access to or from an arterial street or major collector.
3.
Where there is more than one driveway to a parking area, the driveways, whenever possible, shall be limited to one-way travel either as an entrance to or an exit from the parking area. The width of such entrances and exits, measured at the street property line, shall conform to the following schedule:
Type of Driveway | Width in Feet | |
|---|---|---|
Minimum | Maximum | |
One-way | 12 | 26 |
Two-way | 24 | 36 |
4.
The location and width of exit and entrance driveways shall be planned to interfere as little as possible with the use of adjacent property and with pedestrian and vehicular traffic on adjacent streets. The center line of the access driveway to any public street shall be located at least 75 feet from the intersection of any street lines.
5.
Access ways shall enter a public road at not less than 60° angle to the public road center line.
[Ord. No. 5-2005, 10/11/2005]
1.
General Requirements.
A.
Where district regulations require buffer yards, screening, planting strips and the like, these shall be subject to approval of the Zoning Officer prior to planting. The type and density of planting shall adequately provide the screening effect required in accordance with the standards set forth in § 27-510, Subsection 3, hereof.
B.
Plant materials used in screen planting shall be at least four feet in height when planted, and shall be of such species as will provide, within three years, a complete year-round visual screen. Plant materials shall be as set forth in § 27-511 hereof.
C.
The screen planting shall be maintained permanently and plant material which does not live shall be replaced within six months.
D.
Any portion of a site which is not used for buildings, other structures, loading or parking spaces, and aisles, sidewalks and designated storage areas shall be planted with an all season ground cover and shall be landscaped according to an overall plan.
2.
Landscaping Standards.
A.
Areas Required to be Landscaped. Areas that are required to be landscaped in accordance with the standards set forth herein shall be:
3.
Landscaping, Screening and Buffer Standards.
A.
Off-Street Parking and Loading Areas.
(1)
Location of Off-Street Parking and Loading Areas.
(a)
No parking space shall be nearer to any property line or right-of-way line than the minimum setback required for a principal building on the subject lot, but in no case less than 10 feet.
(b)
Parking lots shall be provided at the side or to the rear of nonresidential buildings that are visible from public roads; provided, however, that when such placement is not desirable or practicable, the off-street parking may be provided between the front of the building and the right-of-way; in such cases, the parking area shall be set back not less than the minimum setback required for the front yard of the principal building, but not less than 25 feet; and the front yard area shall be developed to form a buffer as follows: A thickly vegetated buffer shall be provided, and the width, length and planting materials shall be sufficient to visually screen the view of parked vehicles from the public right-of-way. The buffer shall not consist of or contain any paved areas, except for pedestrian walkways.
(2)
Landscaping Off-Street Parking Lots.
(a)
Parking lots should be effectively landscaped with trees and shrubs to reduce the visual impact of glare, headlights, and parking lot lights; to delineate driving lanes; and define rows of parking. Furthermore, parking lots should be adequately landscaped to provide shade in order to reduce the amount of reflected heat and to improve the aesthetics of parking lots. At least one shade tree shall be provided for each 300 square feet (or fraction thereof) of interior landscaping.
(b)
The use of small, ornamental trees in parking lots should be avoided, since these trees will never grow tall enough to provide shade and will block store signs and clear sight triangles. Canopy trees will grow tall enough so that signs can be seen under their branches.
(c)
All parking lots with 10 or more stalls shall be landscaped according to the following regulations:
1)
One planting island shall be provided for every 10 parking stalls. There shall be no more than 10 contiguous parking stalls in a row without a planting island.
2)
The ends of all parking rows shall be divided from drives by planting islands.
3)
In residential developments, large parking lots shall be divided by planting strips into smaller parking areas of no more than 40 stalls.
4)
In nonresidential developments, large parking lots shall be divided by planting strips into smaller parking areas of no more than 100 stalls.
5)
Planting islands shall be a minimum of nine feet by 18 feet in area, underlain by soil (not base course material); mounded at no more than a 4:1 slope, nor less than a 12:1 slope, and shall be protected by curbing or bollards. Each planting island shall contain one shade tree, plus shrubs and/or ground cover to cover the entire area.
6)
All planting strips shall be a minimum of nine feet wide. Strips shall run the length of the parking row, underlain by soil, and shall be mounded at no more than a 4:1 slope, nor less than a 12:1 slope, and shall be protected by curbs, wheel stops, or bollards. Planting strips shall contain plantings of street-type shade trees at intervals of 30 feet to 40 feet, plus shrubs and/or ground cover to cover the entire area at maturity. Where planting strips shall exceed a width of 12 feet, the herein-described shrubbery and ground cover requirements may be reduced to lawn grass ground cover.
(3)
Lighting Off-Street Parking Lots.
(a)
For all parking areas, driveways and walkways, all pole-mounted luminaires shall be low-maintenance poles and fixtures, and all branch circuiting for lighting shall be installed below grade.
(b)
The placement of light standards shall be coordinated with the landscape plan to avoid a conflict with the effectiveness of light fixtures.
(c)
Lighting shall be directed away from adjacent residential uses and residential zones, and shall be shielded from fugitive skyward emissions.
B.
Buffer and Screening Requirements. All subdivisions and land developments shall provide the following types of buffer/screening treatment that is applicable to the use and the environment of the subject development, as follows:
(1)
Property line buffers that act to integrate new development with its surroundings and to separate incompatible land uses.
(2)
Site element screens that act to minimize or eliminate views to certain site elements located within 100 feet of property lines or road right-of-way (either public or private).
(3)
Property Line and Right-of-Way Line Buffer Requirements. Property line and right-of-way line buffers shall be required for the following types of development and as otherwise specified herein:
(a)
All nonresidential development adjoining a residential district.
(b)
Stormwater basins are permitted in the buffer area.
(c)
All mobile home parks.
(d)
An on-site investigation by the applicant shall determine the adjacent land uses along each property boundary. In the case of vacant land, the existing zoned uses shall be used. The existing or zoned uses shall be noted on the plan. In the case of several permitted uses on a site, the most restrictive requirements shall apply. The Zoning Officer shall have final approval of interpretation of land uses or Zoning Map.
(e)
Buffer area location and dimensions.
(f)
A buffer area of not less than 25 feet in wide shall be established along all property lines and right-of-way lines unless otherwise specified herein.
(g)
The buffer area may be included within the front, side, or rear yard setback.
(h)
The buffer area shall be a continuous pervious planting bed consisting of trees and shrubs, grass or ground cover.
(i)
Parking is not permitted in the buffer area.
(j)
Site element screens are permitted in the buffer area.
C.
Site Element Screens.
(1)
Site element screens shall be required in all proposed land developments around the following site elements:
(2)
Screen Location. The site element screen shall be placed between the site element and the property line or right-of-way, and shall be designed to block views to the maximum extent possible. The screen shall be located as close as possible to the site element and shall surround the element without impeding function or encroaching on clear sight triangles.
(3)
Screen Types. Any of the following types of screen may be utilized in those cases where they will achieve the objective of blocking certain uses from public view.
(a)
Evergreen or Deciduous Shrubs.
(b)
Double Row of Evergreen Trees.
(c)
Opaque Fence. A six-foot opaque fence surrounding the site element on at least three sides.
(d)
Architectural Extension of the Building. An eight-foot-minimum-height architectural extension of the building (such as a wing wall) shall enclose service or loading docks. The building materials and style of the extension shall be consistent with the main building.
(e)
Berm with Ornamental Trees or Grass. A two-foot-high to three-foot-high continuous curvilinear berm with ornamental trees. The maximum slope of the berm shall be 3:1.
(f)
Evergreen Hedge.
(g)
Low Wall. A wall of brick or stone (not concrete block), at least 50% opaque, not less than three feet nor more than four feet in height.
(h)
Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required plant material at the discretion of the governing body. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.
(i)
Existing topographic conditions, such as embankments or berms, may be substituted for part or all of the required property line buffers at the discretion of the Zoning Officer. The minimum visual effect shall be equal to or exceed that of the required screen.
(j)
The applicant may propose the use of alternative screen types or changes in plant materials or designs which fulfill the intent of this chapter, with the approval of the Zoning Officer.
D.
Plant Materials.
(1)
General Location Requirements.
(a)
The location, dimensions, and spacing of requirement plantings should be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements such as wind, soil, moisture, and sunlight.
(b)
Plantings should be selected and located where they will not contribute to conditions hazardous to public safety. Such locations include, but are not limited to, public street right-of-way, underground and aboveground utilities, and sight triangle areas required for unobstructed views at street intersections.
(2)
Design Criteria.
(a)
The required plant material shall be distributed over the entire length and width of the buffer area.
(b)
Buffer plant material may be arranged symmetrically (formal) or asymmetrically (informal) and may be grouped to form plant clusters. However, informal groupings that reflect the natural character of the region are encouraged.
(c)
Plants shall be spaced to provided optimum growing conditions.
(d)
A variety of tree species is required.
(3)
Substitutions. In accordance with the following guidelines, wherever possible, existing vegetation shall be retained and utilized as a buffer or a screen in accordance with the following guidelines:
(a)
Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required plant material at the discretion of the Zoning Officer. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.
(b)
Existing topographic conditions, such as embankments or berms, in conjunction with existing vegetation, may be substituted for part or all of the required property line buffers at the discretion of the Zoning Officer. The minimum visual effect shall be equal to or exceed that of the required buffer or screen.
E.
Plant Material Specifications. The following requirements are minimum standards which shall apply to all plant materials or transplanted trees as required under this chapter; additional plant materials, berms, or architectural elements may be included in the plan at the applicant's discretion:
(1)
All plants shall meet the minimum standards for health, form and root condition as outlined in the American Association of Nurserymen (AAN) standards.
(2)
All plant material shall be hardy and within the USDA Hardiness Zone applicable to Luzerne County, Pennsylvania.
(3)
Canopy trees, sometimes called "shade trees," shall reach a minimum height and spread of 30 feet at maturity as determined by the AAN standards and shall be deciduous. New trees shall have a minimum caliper of two and a half inches at planting.
(4)
Ornamental trees or large shrubs shall reach a typical minimum height of 15 feet at maturity, based on AAN standards. Trees and shrubs may be deciduous or evergreen and shall have a distinctive ornamental character such as showy flowers, fruit, habit, foliage, or bark. New ornamental trees shall have minimum height of six feet or one-and-one-half-inch caliper. New large shrubs shall have a minimum height of two and a half feet to three feet at time of planting.
(5)
Small shrubs may be evergreen or deciduous and shall have a minimum height at maturity of four feet based on AAN standards. New shrubs shall have a minimum height of 18 inches at time of planting.
(6)
Evergreen trees shall reach a typical minimum height of 20 feet at maturity based on AAN standards for that species and shall remain evergreen throughout the year. New evergreens shall have a minimum height at planting of six feet.
F.
Additional Plant Material Guidelines. Plant material features should be:
(1)
Able to thrive in the existing soil or soil that can be amended to reasonable specifications.
(2)
Strong wood, not prone to breakage in windstorms or ice storms.
(3)
Fruitless or otherwise free of parts that fall and could damage vehicles, clog drains, or make pavement slippery.
(4)
Tolerant to excessive heat, deicing salt and air pollution.
(5)
Free of unacceptable levels of disease or insect pests, including aphids, that coat objects below with sticky "honeydew."
(6)
Fits the site aesthetically and serves an intended function (shade, screen, focal point, etc.).
[Ord. No. 5-2005, 10/11/2005; as amended by Ord. No. 4-2023, 7/18/2023]
1.
Prohibited Uses. No building may be erected, altered or used and no lot or premises may be used for any activity which is continuously noxious, injurious or offensive by reason of dust, smoke, odor, fumes, noise, vibration, gas, illumination or similar substances or conditions, provided that any uses may be maintained in a way which creates no danger to the public health or safety of neighboring residential uses. All uses shall be subject to the following environmental performance standards. The fact that a farm use creates an annoyance or inconvenience shall not be deemed a danger to public health or safety.
2.
General Compliance Requirements. When required, the applicant shall demonstrate that adequate provisions will be made to reduce and minimize any objectionable elements. Nothing in these performance standards shall take precedence over any applicable current state or federal law governing air management, wastewater management, solid waste management or noise as enforced by the Federal Environmental Protection Agency and the Pennsylvania Department of Environmental Protection or their successors.
3.
Procedures Prior to Construction and Operation. Any application for a building permit for a nonresidential use shall be accompanied by a sworn statement by the owner of such property that said use will be operated in accordance with the performance standards set forth herein. Such application shall further be accompanied by a report prepared by a licensed professional engineer describing the methods or procedures to be undertaken to assure compliance with the performance standards specified herein; provided, however, that the Zoning Hearing Board will consider requests for a waiver of this requirement and may waive this requirement for uses which are not considered likely to violate any of the standards set forth herein.
4.
Continued Compliance. Continued compliance with performance standards is required, and enforcement of continued compliance with these performance standards shall be the responsibility of the Zoning Officer.
5.
Determination of Violation. The Zoning Officer shall investigate any purported violation of performance standards and, if there is reasonable grounds for the same, shall initiate the procedures set forth in Part 8 hereof.
6.
Definition of Elements. No land or building in any district shall be operated in such a manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other nuisance, condition or element in such amount as to adversely affect the surrounding area of premises (referred to herein as "dangerous or objectionable elements"), provided that any use permitted by this chapter may be undertaken and maintained in any district if it conforms to the regulations of this subsection limiting dangerous and objectionable elements at the specified point or points of the determination of their existence.
7.
Locations Where Determinations Are to be Made for Enforcement of Performance Standards. The determination of the existence of any dangerous and objectionable elements shall be made at:
A.
The point or points where such elements shall be most apparent for fire and explosion hazards, for radioactivity and electrical disturbances, for smoke and other forms of air pollution.
B.
The property lines of the use creating such elements for noise, for vibration, for glare and for odors.
(1)
Liquid and Solid Wastes. No operation shall discharge wastes of any kind into a surface water or a groundwater source. All methods of waste disposal shall be approved by the Pennsylvania Department of Environmental Protection. Such evidence of approval shall be provided to the Township. The owner of any parcel governed by this chapter may be required, at the discretion of the Township, to monitor the groundwater and surface water in the vicinity of his premises. Water testing shall be conducted at an interval deemed appropriate by the governing body on any stream located on the premises or any stream within 500 feet of any area used for storage of liquid or solid wastes. In addition, the well located on the premises shall also be sampled at an interval to be deemed appropriate by the governing body. The sample shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the governing body, and results shall be provided to the Township. If samples exceed the limits established by the Pennsylvania Department of Environmental Protection, remedial action shall be taken in accordance with this chapter.
(2)
Heat. No activity or use shall produce heat perceptible beyond its property lines and no use shall be permitted that would cause the ambient water temperature, as defined by the Pennsylvania Department of Environmental Protection, or its successor agency, to rise or fall more than 5° F. (2.8° C.) during the ten-year, seven-day low flow in any natural pond, stream, river, or other watercourse.
(3)
Electromagnetic. No electromagnetic radiation shall be emitted that does not comply with the regulations of the FCC (Federal Communication Commission) or which interferes with radio or television reception or the operation of other equipment beyond the lot lines.
(4)
Visual.
(a)
No lighting shall be utilized in a manner which produces glare perceptible at or beyond the lot boundaries.
(b)
Any operation producing heat shall be conducted in such a manner as to prevent any effect from the heat beyond the property lines of the lot on which the operation is located.
(c)
No advertising displays shall be utilized in a manner which produces periodic flashing or other intensity changes.
(5)
Vibration. No physical vibration shall be perceptible without use of instrument at or beyond the lot boundaries.
(6)
Air Management.
(a)
The emission of any smoke at a density greater than No. 1 on the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines shall not be permitted, except that smoke of a density of No. 2 may be emitted for not more than four minutes in any thirty-minute period. These provisions applicable to gray smoke shall also apply to visible smoke of a different color but with equivalent apparent opacity. This standard shall not be applied to emissions where the presence of uncombined water is the only reason for the failure of the emission to meet the opacity limits. (Uncombined water produces a white "smoke" which vanishes a short distance from the stack.)
(b)
The only gas or vapor producing operations permitted are those necessary for heating or processing.
(c)
Open burning is not permitted.
(d)
Incineration shall be permitted only when required for the purpose of abating air pollution, and only by permit issued by the Pennsylvania Department of Environmental Protection.
(e)
No radioactive vapors or gases shall be emitted from the facility in harmful amounts as defined by the U.S. Nuclear Regulatory Commission regulations.
(7)
Noise.
(a)
At no point on the boundary of a residential district, or property line other than a residential district boundary, shall the sound pressure level of any individual operation or plant (other than background noises produced by sources not under the control of this chapter, such as the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designed octave bands shown for the districts indicated:
Octave Band Frequency (Hz) | Residential District (Decibels) | Nonresidential (Decibels) | |
|---|---|---|---|
> | < | ||
20 | 75 | 72 | 79 |
75 | 150 | 67 | 74 |
150 | 300 | 59 | 66 |
300 | 800 | 52 | 59 |
800 | 1200 | 46 | 53 |
1200 | 2400 | 40 | 47 |
2400 | 4800 | 34 | 41 |
4800 | 32 | 39 | |
(b)
If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in the following table shall be applied to the octave band levels given above.
Type or Location of Operations or Character of Noise | Correction in Decibels |
|---|---|
Daytime operation only | 5 |
Noise source operates less than* | |
20% of any one-hour period | 5 |
5% of any one-hour period | 10 |
Noise of impulsive character, hammering, etc. | -5 |
Noise of periodic character, hum, screech, etc. | -5 |
Property is located in an I District and is not within 500 feet measured horizontally or vertically of any R District | 10 |
* | Apply one of these corrections only. |
(8)
Odor. No emission of unpleasant gases or other odorous matter shall be permitted in such quantities as to be offensive outside the lot lines of the tract. Any process which may involve the creation or emission of any odorous shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table 3 (Odor Thresholds) in Chapter 5 "Air Pollution Abatement Manual," copyright 1951, by Manufacturing Chemist Association, Inc., Washington, DC. Where said publication give a range of figures, the highest figure shall be used.
(9)
Toxic Gases. The emission of gases or fumes injurious to persons or property beyond the lot occupied by the use is prohibited. No activity in any industrial district shall be reactivated, established, modified, constructed, or operated without having obtained valid permits and/or certificates from the Pennsylvania Department of Environmental Protection or its successor agency for airborne emissions. Such proof of compliance shall consist of duplicate copies of such permits and/or certificates for the current time period. In addition to the requirements of the Department of Environmental Protection or its successor agency, the following requirements shall apply:
(b)
Smoke or Steam. No use may emit from a vent, stack, chimney, or combustion process any smoke that exceeds a density or equivalent capacity of Ringelmann No. 1, except that an emission that does not exceed a density of equivalent capacity of Ringelmann No. 2 is permissible for a duration of not more than four minutes during any eight-hour period if the source of such emission is not located within 250 feet of a residential district. All measurements shall be taken at the point of emission of the smoke. (For the purpose of determining the density of equivalent opacity of smoke, the Ringelmann Chart, as adopted and published by the United State Department of Interior, Bureau of Mines Information Circular 8333, May 1967, shall be used. The Ringelmann number referred to in this section refers to the number of the area of the Ringelmann Chart that coincides most nearly with the visual density of equivalent opacity of the emission of smoke observed. For example, a reading of Ringelmann No. 1 indicates a 20% density of the smoke observed.)
(c)
Toxic Matter and Hazardous Material. Emissions of chemicals, gases, components, or elements, listed as being toxic matter or hazardous material by the American Conference of Governmental Industrial Hygienists, the Pennsylvania Department of Environmental Protection or the U.S. Environmental Protection Agency, or their successor agencies, shall not exceed any stated threshold limit value in any industrial district. No emission of toxic matter shall exceed 50% of the threshold limit value in any adjacent residential or commercial district.
(10)
Storage or Explosive. No explosive may be stored in agriculture, residential or commercial districts, except that commercial fertilizers may be stored in agricultural districts. Explosives may be stored in industrial districts provided that the storage area is no closer than 200 feet to any property line and provided the requirements of all applicable local, state and federal regulations are met.
(a)
Tanks meant for or used for the permanent or temporary storage of liquid propane gas, for any use, including storage for commercial sale and distribution shall have a fully fenced enclosure, including a gate or other entrance device, which is capable of being secured against intrusion.
(b)
Liquefied petroleum gas tanks shall be placed no closer than 10 feet to the property line on a residential lot and 15 feet to the property line on commercial or industrial lots. In addition, where the lot abuts a lot whereon a residential use is existing at the time such tank is installed, visual screening shall be provided, using either vegetation or fencing which accomplishes that purpose.
(c)
No LPG tank shall be placed within the front yard of any property regardless of use.
(d)
All outdoor storage facilities for fuel shall be enclosed by an approved safety fence to prevent access thereto by unauthorized individuals.
(e)
All materials or wastes which might cause fumes, constitute a fire hazard, or attract rodents or insects may only be stored if enclosed in buildings or containers which are adequate to eliminate such hazards.
(f)
No materials, fuels, wastes, or flammable substances may be deposited or stored on a lot in such a manner as to allow them to be transferred off the lot by natural causes or forces. No substances, including but not limited to gasoline, oil, waste oil, and chemicals, which can contaminate a stream or watercourse or render such stream or water source unusable or undesirable as a source of water supply or recreation or which will destroy or damage aquatic life shall be stored in such a location so that they could be introduced into the said stream or watercourse by natural causes or force or by rupture of storage containers or accidental discharge.
(11)
Lighting. When the property of which any activity is conducted is illuminated at night, such illumination shall be so designed and located that the light sources are shielded from adjoining residences, structures, dwellings, and/or streets and shall not be of excessive brightness nor cause a glare, hazardous or noxious, to occupants, residents, pedestrians, and/or drivers at or beyond the lot boundaries. No lighting shall be utilized in such a manner to produce a light intensity greater than 0.10 footcandle beyond the lot boundaries when the adjacent land is included within an A-1, S-1, or R-1 Zoning District. No direct beams of light shall be directed toward adjacent properties.
[Ord. No. 5-2005, 10/11/2005]
1.
Signs may be erected and maintained only when in compliance with the provisions of this chapter and all other ordinances and regulations relating to the erections, alteration or maintenance of signs.
A.
General.
(1)
Signs shall not contain moving parts nor use flashing or intermittent illumination. The source of light shall be steady and stationary.
(2)
No sign shall be placed in such a position, or have such a source of illumination, that it will cause any danger to pedestrians or vehicular traffic. No sign shall be so placed, lighted or designed as to imitate or produce the illusion of traffic control devices.
(3)
No sign other than official traffic signs shall be erected within the right-of-way lines of any street.
(4)
Every sign must be constructed of durable material and be kept in good condition. Any sign which is allowed to become dilapidated shall be removed at the expense of the owner or lessee. The Township Building Inspector shall make such determination as to the state of repair.
(5)
No sign shall cast objectionable light upon any activity or building beyond the property lines of the property on which it is located.
(6)
The distance from the ground to the highest part of any sign shall not exceed 10 feet in residential districts. The distance from the ground to the highest part of any freestanding sign in a commercial or industrial district shall not exceed 25 feet. In commercial and industrial districts, no portion of a sign which is attached to a building or supported by a building shall extend above the height of the building.
(7)
No sign shall be erected or located as to prevent free ingress to or from any window, door or fire escape.
B.
Signs Permitted in Agricultural and Residential Districts.
(1)
Official traffic signs.
(2)
Identification signs or bulletin or announcement boards for schools, churches, hospitals or similar institutions, and for clubs, lodges, farms, estates or similar uses, provided that:
(3)
Professional, home occupation or name sign indicating the name, profession or activity of the occupant of a dwelling, provided:
(a)
No side any such sign shall exceed two square feet in area.
(b)
No such sign shall be located within 10 feet of the front lot line.
(c)
One such sign shall be permitted for each permitted use of dwelling.
(d)
Signs indicating a permitted nonresidential use shall be erected on the property where that use exists.
(4)
Real estate signs, including signs advertising the rental or sale of premises, provided that:
(5)
Temporary signs of contractors, architects and the like, provided that:
(6)
Signs advertising a lawful nonconforming use, provided that:
(7)
Signs necessary for the identification and protection of public utility facilities, provided that the area of one side of such sign shall not exceed four square feet.
(8)
Within an A-1, R-1 or S-1 District, a sign advertising the sale of farm products, nursery products or livestock produced or raised on the premises, provided:
(a)
Signs within a residential subdivision to direct persons to a rental office or sample unit within that subdivision provided that the area on one side of any such sign shall not exceed two square feet.
(b)
Trespassing signs and signs indicating the private nature of premises. The area of any one side of such signs shall not exceed two square feet and the signs shall be placed at intervals of not less than 50 feet along any street frontage.
C.
Signs in Commercial and Industrial Districts. Signs may be erected and maintained, provided that:
(1)
No sign advertising a use not conducted or goods not sold on the premises shall be permitted, except for directional signs, and outdoor advertising signs subject to the following regulations:
(a)
Outdoor advertising signs shall be permitted only in industrial districts.
(b)
No freestanding sign shall be nearer to any property line than the height of the sign, but in no case less than 25 feet.
(c)
No outdoor advertising sign shall be permitted within 200 feet of any residential district, nor facing any public or parochial school, library, church, hospital, or similar institutional use.
(d)
No two outdoor advertising signs shall be closer to one another than 1,000 feet. Double outdoor advertising signs shall be treated as a single sign regarding the minimum distance between signs.
(e)
Such signs shall conform with all yard space requirements for the district within which they are located.
(f)
No one side of any such sign shall exceed an area of 672 square feet.
(2)
No signs shall be readable from the rear of any property when the rear of that property abuts a residential district, nor shall any sign be readable from the side of any property when the side of that property abuts a residential district.
(4)
The area on one side of a directional sign shall not exceed 15 square feet.
(5)
No part of any sign shall be located within 10 feet of the front lot line.
(6)
No more than one freestanding sign shall be allowed on any one property.
(7)
No more than one directional sign shall be allowed on any one street frontage of any one property.
(8)
No more than two separate signs shall face any one street frontage on any one premises.
(9)
In the case of a building housing more than one commercial or industrial use, one permanent identifying sign for the building, the area on one side of which shall not exceed 100 square feet, may be erected. In addition, for each commercial or industrial use located within the building, one sign, the area of which shall not exceed 20 square feet, may be attached to that potion of the building housing the use.
[Ord. No. 5-2005, 10/11/2005]
1.
Paved off-street loading and unloading spaces, with proper access from a street or common driveway, shall be provided on any lot on which a building for trade, business or manufacturing is hereafter erected or substantially altered. All such areas for the loading and unloading of vehicles, and for the servicing of establishments or shops by refuse collection, fuel and other service vehicles, shall be of such size, design and arrangement that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities or pedestrianways. All loading areas shall be paved. Loading areas shall not be located within required front yards.
2.
All such spaces shall have dimensions not less than 12 feet by 45 feet with a clearance of not less than 14 feet in height. Spaces required shall be determined by the following table and shall be located exclusive of any public right-of-way or required parking area:
Off-Street Loading Space Requirements | ||
|---|---|---|
Uses | Square Feet Floor Area | Required Off-Street Loading Berths |
Schools | 15,000 or more | 1 |
Hospitals (in addition to space for ambulances) | 10,000 to 300,000 | 1 |
(For each additional 300,000 or major fraction thereof) | 1 additional | |
Undertakers and funeral parlors | 5,000 | 1 |
(For each additional 5,000 or major fraction thereof) | 1 additional | |
Hotels and offices | 10,000 or more | 1 |
Commercial, wholesale, manufacturing and storage | ||
10,000 to 25,000 | 1 | |
25,000 to 40,000 | 2 | |
40,000 to 60,000 | 3 | |
60,000 to 100,000 | 4 | |
For each additional 50,000 or major fraction thereof | 1 additional | |
[Ord. No. 5-2005, 10/11/2005]
2.
Each parking space shall have a minimum area of 180 square feet and minimum dimensions of nine feet by 20 feet. In addition, appropriate driveways, aisles and maneuvering space shall be provided to permit safe and convenient access to and use of the area provided for parking purposes, as well as for public safety equipment such as fire protection equipment. Proper access from a street or driveway shall be provided.
3.
Parking spaces for residential uses shall be located on the same lot as the use served and shall be located behind the street right-of-way line. Parking spaces for other uses shall be provided for on the same lot as the use being served or in parking facilities within 300 feet of the use, except in the case of a shopping center, industrial park or similar grouping of buildings entirely within the lot lines of the property. In industrial districts, off-street parking shall not be permitted between the street line and building setback line, except visitor parking.
4.
Joint parking facilities for two or more uses may be established, provided that the number of spaces provided is not less than the sum of the spaces required for each individual use. Required spaces provided off-site shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs or assigns to maintain the required number of spaces throughout the life of such use.
5.
All parking spaces and means of access, other than those relating to a dwelling, shall be adequately illuminated during night hours of use. The illumination must be designed and located so that the light sources are shielded form adjoining residences and public and private streets. The illumination shall not be of excessive brightness and shall not produce a glare noxious at or beyond the boundaries of the parking area.
6.
The surface of all parking areas shall consist of an asphaltic or portland cement binder pavement (or similar durable and dustless surface) and shall be graded to provide convenient vehicular access and proper drainage. The maximum grade of the parking area shall not exceed 5%. Surface water shall not discharge onto public sidewalks or other premises.
7.
No areas necessary to fulfill the off-street parking requirements of this chapter shall be used for the sales, dead storage, repair, dismantling or servicing of vehicles.
8.
Off-street parking facilities existing at the effective date of this chapter shall not be subsequently reduced to an amount less than that required under this chapter for a similar new building or use.
9.
When the required number of parking spaces is computed and a fraction of a parking space results, any fraction below 1/4 may be disregarded and any fraction over 1/4 shall necessitate the provision of a full parking space.
10.
Off-street parking requirements shall be as follows:
Residential uses | 2 parking spaced per dwelling unit* |
Industrial, wholesaling or warehouse establishment | 1 space per 2 employees on the combined employment of the 2 largest successive shifts |
Restaurant, tavern or similar use | 1 space for each 3 seats, plus 1 space for each full-time employee on the largest shift |
Retail and service establishments | 1 space for each 150 square feet of gross floor area |
Office buildings | 1 space for each 200 square feet of gross floor area |
Motel, hotel, tourist or rooming home or similar establishment | 1 space for each rental unit, plus 1 space for each employee |
Medical, dental and paramedical offices and clinics | 5 spaces for each person engaged in practice, plus 1 space for each employee |
Nursing home, convalescent home or home for the aging | 1 space for each employee, plus 1 space for each 3 beds |
Hospital | 1 1/2 spaces per bed |
Funeral home | 1 space for each 3 seats |
Roadside farm stand | Not less than 5 spaces |
Drive-in eating establishment (no indoor seating provided) | 1 space for each 1,000 square feet of lot area, the required number of space not to exceed 20 |
Bowling alley | 5 spaces per alley |
Auditorium, sports arena, theater, municipal building, place of worship, club or lodge or other place of public assemblage | 1 space for every 3 seats |
Library or museum | 1 space per 300 square feet of gross floor area |
Nursery schools | 1 space per employee, plus 1 space for loading and unloading of children for each 5 children accommodated in the school |
Elementary and junior high schools | 1 space per employee |
High schools | 1 space per 4 students |
Skating rink, swimming pool, dance hall, indoor recreational establishment | 1 space per 50 square feet devoted to patron use |
Driving ranges and miniature golf | 1 space for each tee |
Service station | 2 spaces for each service bay |
Trailer or monument sales | 1 space for each 500 square feet of lot area |
Auction | 1 space for each 500 square feet of lot area |
Automobile sales and service garage | 1 space for each 400 square feet of floor area |
* | Off-street parking spaces in private garages shall not be included as meeting this minimum requirement |
11.
For any building or use not covered above, the Zoning Officer shall apply the standard for off-street parking spaces in the above schedule deemed to most closely approximate the proposed building use.
[Ord. No. 5-2005, 10/11/2005]
1.
Trucks and trailers may be parked in residential districts, provided that there shall be not more than one truck or one trailer parked on any residential zone lot; and provided further that any such vehicle parked on a residential zone lot shall conform with the following requirements:
[Ord. No. 5-2005, 10/11/2005]
Automotive vehicles or vehicular dwellings of any type without current license plates shall not be parked or stored in S-1, A-1, and R-1 Districts other than in completely enclosed accessory buildings.
[Ord. No. 5-2005, 10/11/2005]
No major recreational equipment (including boats and boat trailers, travel trailers, pickup campers or coaches, motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment) shall be parked or stored on any lot in an R-1 District except in a carport or enclosed building or in a rear yard. No such equipment shall be used for permanent living, sleeping or housekeeping purposes when parked or stored in any location not approved for such use.
[Ord. No. 5-2005, 10/11/2005]
1.
Registration. In order to facilitate the administration of this chapter, the Zoning Officer shall maintain an accurate listing of these nonconforming uses which are not permitted as a use by right in the district in which they are located and for which no special exception or variance has been granted. Such listing shall be a matter of public record and shall constitute sufficient notice to any transferee acquiring any right to use or own such property.
2.
Abandonment. No nonconforming use may be reestablished if the use is discontinued for a continuous twelve-month period. Vacation of land or buildings or the nonoperative status of the use normally carried on upon the property shall be evidence of discontinuance.
3.
Continuation. Any lawful use of a building or land existing at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter.
4.
Change. No nonconforming use shall be changed to a use permitted in less restrictive zone than the zone in which the current use is first permitted. The most restrictive zone is the S-1 Zone. All other zones are less restrictive, in the following order: R-1, A-1, C-1, C-2 and I-1.
5.
Expansion.
A.
No nonconforming use shall be enlarged or increased upon ground not owned, leased or under option to purchase at the time of the passage of this chapter.
B.
No nonconforming use shall be enlarged or increased in a manner which will further violate any yard, area and height regulations imposed by the zoning district in which it is located.
C.
No nonconforming use shall be expanded by more than 25% of the building floor area used at the time this chapter became effective.
D.
The proposed expansion shall not cause an increased detrimental effect on surrounding properties.
6.
Damage or Destruction.
A.
A nonconforming building wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that:
(1)
The reconstructed building shall not exceed in height, area and volume the building reconstruction which legally existed prior to its damage or construction. The reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
[Ord. No. 5-2005, 10/11/2005]
1.
Lot Included in Approved Plans. Any lot shown on a subdivision plan which has been recorded or approved either preliminary or finally by the Township authorities on the effective date of this chapter which does not meet the minimum area and size requirements of the zoning district in which it is located may be used for any use permitted in that district, provided that all yard, height and open space requirements shall be met. The Zoning Hearing Board may grant a variance from the yard and open space requirements as long as water supply and sewage disposal facilities have been certified as adequate by the Township Engineer; provided, however, that no land shall be hereafter subdivided to create a nonconforming lot.
2.
Lots Held in Single and Separate Ownership. Any lot held in single and separate ownership at the effective date of this chapter which does not meet the minimum area and size requirements of the zoning district in which it is located may be used for any use permitted in that district, provided that all yard, height and open spaces requirements are met. If the plans for the proposed use shall be approved by the Zoning Hearing Board, after review of such plans to assure reasonable compliance with the spirit of the zoning regulations for the district, and the water supply and sewage disposal facilities are certified as adequate by the Township Engineer, a variance from the yard and open space requirements may be granted; provided, however, that the Zoning Hearing Board makes its findings in accordance with the provisions of § 27-706 hereof.
[Ord. No. 5-2005, 10/11/2005]
The restrictions of this chapter shall not apply to any existing or proposed building or extension thereof used by any public utility corporation, if upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
[Ord. No. 5-2005, 10/11/2005]
1.
On a corner lot, no wall, fence or other structure may be erected or altered, and no hedge, tree, shrub or other growth shall be maintained which may cause danger to the drivers or vehicles on a public road by obscuring the driver's view.
2.
Clear sight-triangles shall be provided at all street intersections. Within such triangle, no object shall be permitted which obscures vision above the height of three feet and below 10 feet, measured from the center line grade of intersecting streets. Such triangles shall be established from a distance of 75 feet from the point of intersection of the center lines of the intersecting streets.
[Ord. No. 5-2005, 10/11/2005]
1.
No structure shall be erected on any site having a grade of 15% or more, except as follows:
A.
Application shall be made to the Zoning Hearing Board. Such application shall consist of a statement prepared by a registered architect or a licensed engineer, describing the proposed method of mitigating the development constraints of such a steep slope and certifying as to the efficacy of such a procedure regarding such concerns as foundation and other structural problems, prevention of soil erosion, and maintenance of the natural watershed.
B.
Uses Permitted by Right.
(1)
Parks and outdoor recreational uses when permitted by the prevailing zoning district regulations and carried out in accordance with the regulations of the prevailing zoning district.
(2)
Open areas or yards, subject to the restrictions of this chapter.
(3)
Buildings permitted by the prevailing zoning district regulations, provided that no portion of the building is constructed on a slope whose grade exceeds 25%.
(4)
Agricultural uses when conducted in conformance with conservation practices that ensure sufficient protection against soil erosion, and when permitted by the prevailing zoning district regulations and carried out in accordance with the regulations of the prevailing zoning district.
(5)
Woodland preserve, wildlife sanctuary, game preserve or other similar use when permitted by prevailing zoning district regulations and carried out in accordance with the regulations of the prevailing zoning district.
C.
Uses by Special Exception. Buildings constructed on a grade exceeding 25% and constructed in accordance with the regulations of the prevailing zoning district, provided that the applicant submits to the Zoning Hearing Board for review a statement prepared by a registered architect with an explanation of the building methods to be used in overcoming foundation and other structural problems, and including an explanation of the manner by which the natural watershed will be maintained and soil erosion prevented.
D.
Boundary Disputes and Procedures.
(1)
Should a dispute concerning the boundaries of those areas subject to slope controls arise, an initial determination of the boundaries shall be made by the Zoning Officer, using the criterion listed in Subsection 1A, above.
(2)
Any person aggrieved by this decision, claiming that the criterion listed in Subsection 1A, above, is incorrect, may appeal to the Zoning Hearing Board.
(3)
The burden of proof shall be on the person appealing the decision of the Zoning Officer.
(4)
If it is determined that the soil survey maps are inaccurate regarding the land in question, and that the area in question should not be subject to slope controls, the Zoning Officer shall be notified that slope controls will not apply to the land in question.
(5)
All boundary changes which are approved shall be made on the map of areas subject to slope controls which is maintained by the Township Planning Commission and the Zoning Officer.
[Ord. No. 5-2005, 10/11/2005]
1.
General Provisions.
A.
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(1)
Regulating uses, activities and development which acting alone or in combination with other existing of future uses, activities and development will cause unacceptable increases in flood heights, velocities and frequencies.
(2)
Restricting or prohibiting certain uses, activities and development from locating within areas subject to flood.
(3)
Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
(4)
Protecting individuals from buying lands and structures which are unsuitable for intended purposes because of flood hazards.
B.
Applicability. These provisions shall apply to all lands within the jurisdiction of Sugarloaf Township and shown as being located within the boundaries of the designated floodplain districts which are considered as a part of the Official Zoning Map.
C.
Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances of the Township.
D.
Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damage. This chapter shall not create liability on the part of Sugarloaf Township or any administrative decision lawfully made hereunder.
2. 100-YEAR FLOOD COMPLETELY DRY SPACE DEVELOPMENT ESSENTIALLY DRY SPACE FLOOD FLOODPLAIN FLOODPLAIN DISTRICTS FLOODPROOFING LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION OBSTRUCTIONS REGULATORY FLOOD ELEVATION START OF CONSTRUCTION
Definitions. As used in this section, except where the context clearly indicate otherwise, the following words or phrases shall have the meanings indicated below:
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year.)
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavating, mining, dredging or drilling operations, and the subdivision of land.
A space which will remain dry during flooding, except for the passage of water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
A temporary inundation of normally dry land areas.
Those floodplain districts specifically designated on the Sugarloaf Township FIRM Flood Insurance Rate Map as being inundated primarily by the 100-year flood. Included are areas identified as Floodway District (FW), Flood-Fringe District (FF) and General Floodplain District (FA).
Any combination of structural and nonstructural additions, changes or adjustments which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse of designated floodplain district which may impede, retard or change the direction of the flow of water either by itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property.
The 100-year flood elevation, plus a freeboard safety factor 1 1/2 feet.
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348),[1] includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations nor the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.
3.
Establishment of Zoning Districts.
A.
Description of District.
(1)
Basis of District. The various floodplain districts shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these districts shall be the FIRM Flood Insurance Rate Map for Sugarloaf Township prepared by the Federal Insurance Administration.
(a)
The Floodway District (FW) is delineated for the purpose of this chapter using criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one-foot at any point. The areas included in this district are specifically defined in the Floodway Data Table of the above-referenced Flood Insurance Study and shown on the accompanying FIRM Flood Insurance Rate Map on file in the Sugarloaf Township Municipal Building.
(b)
The Flood Fringe District (FF) shall be that area of the 100-year floodplain not included in the Floodway District. The basis for the outermost boundary of this district shall be the 100-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study as shown on the accompanying FIRM Flood Insurance Rate Map on file in the Sugarloaf Township Municipal Building.
(c)
The General Floodplain District (FA) shall be that floodplain area for which no detailed flood profiles or elevations have been provided. They are shown on the maps accompanying the Flood Insurance Study prepared by the Flood Insurance Administration. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey – Floodprone Quadrangles, etc., then the applicant for the proposed use, development or activity shall determine this elevation in accordance with hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by Sugarloaf Township.
(2)
Overlay Concept.
(a)
The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as supplements to the underlying district provisions.
(b)
Where conflict exists between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions shall apply.
(c)
In the event any provision concerning a floodplain district is declared inapplicable as a result of legislative, administrative or judicial action, the basic underlying district provisions shall remain in effect.
B.
FIRM Flood Insurance Rate Map. The boundaries of the floodplain districts are established on the FIRM Flood Insurance Rate Map which is declared to be part of this chapter and which shall be kept on file at the Township Office.
C.
District Boundary Changes. The boundaries of any of the floodplains districts may be revised by the Board of Supervisors where a natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a river basin commission or other qualified agency or individual document such changes. However, prior to any such revision, approval must be obtained from the Federal Insurance Administration.
D.
Interpretation of District.
(1)
Initial determination of the boundaries of the floodplain districts shall be made by the Zoning Officer.
(2)
Any person aggrieved by his decision may appeal to the Zoning Hearing Board.
(3)
The burden of proof shall be on the applicant.
(4)
If it is determined that the boundaries of the floodplain districts are incorrect regarding the land in question, the area subject to floodway control shall be determined on the basis of a 100-year flood and all calculations shall be subject to approval by the Township Engineer.
4.
District Provisions.
A.
General. All uses, activities and development proposed within the floodplain districts shall be undertaken only in strict compliance with the provisions of this chapter and all other applicable ordinances of the Township, the Commonwealth of Pennsylvania and the United States government. Prior to any proposed alteration or relocation of any stream or watercourse, a permit shall be obtained from the Pennsylvania Department of Environmental Protection, Dam Safety, Obstructions and Stormwater Management Division. Furthermore, notification of the proposal shall be given by the applicant to Sugarloaf Township and all affected adjacent municipalities, and copies of such notification shall be forwarded by the applicant to the Pennsylvania Department of Community and Economic Development and the Federal Insurance Administration.
(1)
Uses Permitted by Right.
(a)
Agricultural uses when permitted by the prevailing zoning district regulations according to recognized soil conservation practice.
(b)
Woodland preserve, wildlife sanctuary, game preserve, fish hatchery or other use devoted to the protection and propagation of wildlife, when permitted by the prevailing zoning district regulations.
(c)
Open areas or yards, subject to the restrictions of this chapter and provided such yards are not used for on lot sewage disposal systems.
(2)
Uses Permitted by Special Exception.
(a)
Outlet installations for sewage treatment plants or sewage pumping stations.
(b)
Public or private recreational areas, such as parks, picnic grounds, riding trails, biking trails, camps, boating and fishing, not to include enclosed structures, except toilet facilities which must be connected to public water and sewer systems, when permitted by the prevailing zoning district regulations and in accordance with the regulations of the prevailing zoning district.
B.
Flood Fringe District (FF). In the Flood Fringe District, the development and use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities and development shall be undertaken in strict compliance with the floodproofing and related provisions contained in this chapter.
C.
General Floodplain District (FA). In the General Floodplain District, the development and use of land shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities and development shall be undertaken in strict compliance with the floodproofing and related provision contained in this chapter.
5.
Special Exceptions and Variances.
A.
In passing upon applications for special exceptions and variances, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of this chapter and the following:
(1)
The danger of life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development or activity that will cause any increase in flood levels in the Floodway District.
(2)
The danger that materials may be swept onto other lands or downstream to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(4)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding for the proposed use.
(8)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
(10)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(11)
The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
B.
The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to the Township Engineer or other qualified person or agency for technical assistance in evaluating the proposed project. Special exceptions or variances shall only be granted after the Zoning Hearing Board has determined that the granting of such will not result in:
6.
Administration. In order to prevent excessive damage to buildings and structures due to flooding, the following provisions shall apply to all proposed construction or development occurring in any of the floodplain districts designated in this section:
A.
General.
(1)
Residential Structures. Within any designated Floodway, Flood Fringe or General Floodplain District, the lowest floor (including basement) of any new or improved residential structure shall be at least 1 1/2 feet above the 100-year flood elevation.
(2)
Nonresidential Structures. Within any designated Floodway, Flood Fringe or General Floodplain District, the lowest floor (including basement) of any new or improved nonresidential structure shall be at least 1 1/2 feet above the 100-year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height. Any structure or part thereof which will not be completely or adequately elevated shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Floodproofing Regulations" (U.S. Army Corps of Engineers, June, 1972) or some other equivalent standard for that type of construction.
(3)
The local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, as criteria for requiring that new construction, substantial improvements or other development in Zone A comply with the requirements of this section.
(4)
All new construction and substantial improvements and any fully enclosed area below the lowest floor that is subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of flood waters.
B.
Design and Construction Standards.
(1)
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure drainage at all points along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(2)
Sanitary Sewer Facilities. All new or replacement sanitary sewer facilities and private sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into the floodwaters. In addition, they shall be located and constructed to minimize flood damage and impairment.
(3)
Water Facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters in the systems and shall be located and constructed to minimize or eliminate flood damage.
(4)
Streets. The finished elevation of proposed new streets shall be no more than one foot below the regulatory flood elevation.
(5)
Utilities. All utilities such as gas lines and electrical and telephone systems being placed in flood-prone areas shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(6)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from all points.
(b)
Consist of soil or small rock materials only; sanitary landfills shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.
(d)
Be no steeper than one vertical or two horizontal unless information justifying steeper slopes is submitted to and approved by appropriate Township officials.
(e)
Be used to the extent to which it does not adversely affect adjacent properties.
(7)
Placement of Buildings or Structures. All buildings and structures shall be constructed and placed on the lots so as to offer the least obstruction to the flow of water.
(8)
Anchoring. All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or other movement, thus reducing the threat to life and property and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse. All air ducts, large pipes and storage tanks located at or below the regulatory flood elevation shall be firmly anchored in accordance with accepted engineering practices to prevent flotation.
(9)
Floors, Walls and Ceilings. Where located at or below the regulatory flood elevation:
(a)
Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(b)
Plywood shall be of an exterior or marine grade and of a water-resistant or waterproof variety.
(c)
Walls and ceilings in nonresidential structures shall have sufficient wet strength and be so installed as to survive inundation.
(d)
Window frames, door frames, door jambs and other components shall be constructed of metal or other water-resistant material.
(10)
Electrical System.
(a)
All electrical water heaters, electric furnaces, electric air-conditioning and ventilation systems and other electrical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation.
(b)
No electrical distribution panels shall be allowed at an elevation less than three feet above the level of the 100-year flood elevation.
(c)
Separate electrical circuits shall be serve lower levels and shall be dropped from above.
(11)
Plumbing.
(a)
Water heaters, furnaces and other mechanical equipment or apparatus shall be permitted only at elevations above the regulatory flood elevation.
(b)
No part of any on-site sewage disposal system shall be constructed within any designated floodplain districts.
(c)
Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of floodwaters into the system and discharges from the system into floodwaters.
(d)
All gas and oil supply systems shall be designed to preclude the infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(12)
Paints and Adhesives. Where located at or below the regulatory flood elevation:
(a)
Adhesives shall have a bonding strength that is unaffected by inundation (i.e., marine or water-resistant quality).
(b)
All wooden components (doors, trim, cabinets, etc.) shall be sealed with a marine or water-resistant quality or similar product.
(c)
Paints and other finishes shall be capable of surviving inundation (i.e., marine or water-resistant quality).
(13)
Storage. No materials that are buoyant, flammable, explosive or in time of flooding could be injurious to human, animal or plant life shall be stored below the regulatory flood elevation.
C.
Manufactured Homes.
(1)
All manufactured homes and any additions thereto shall be anchored to resist flotation, collapse, and lateral movement by providing over-the-top and frame ties to ground anchors as follows:
(a)
Over-the-top ties at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.
(b)
Frame ties at each corner of the manufactured home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.
(c)
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds per square inch.
(2)
All manufactured homes and any additions thereto shall also be elevated in accordance with the following requirements:
(a)
The stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the regulatory flood elevation.
(b)
Adequate surface drainage shall be provided.
(c)
Adequate access for a hauler shall be provided.
(d)
Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil to more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.
(3)
An evacuation plan indicating alternate vehicular access and escape routes for manufactured home parks and manufactured home subdivisions shall be filed with Township officials.
(4)
No manufactured home shall be placed in any Floodway District (FW).
D.
Existing Structures in Designated Floodplain Districts. Structures existing in any designated floodplain district prior to May 27, 1980, but which are not in compliance with these provisions may continue to remain subject to the following:
(1)
Existing structures located in a designated Floodway District (FW) shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
(2)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, need not comply with the provisions of Subsection 6B of this section relating to design and construction standards, but said modification, alteration, reconstruction or improvement shall be undertaken with a good-faith effort to elevate or floodproof the structure to the greatest extent possible.
(3)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with the provisions of this chapter.
(4)
All manufactured homes to be placed or substantially improved within Zones A1-30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored in accordance with the provisions of this section.
E.
Variances.
(1)
If compliance with the elevation or floodproofing requirements stated above would result in an exceptional hardship for a prospective builder, developer or landowner, upon application, the Zoning Hearing Board may grant relief from the strict application of the requirements. In so doing, consideration shall be given to their effect upon the flow and the height of the floodwaters.
(2)
In addition to those considerations set forth in Subsection 5 of this section, requests for variances may be granted in accordance with the following criteria:
(a)
No variances shall be granted for any construction, development, use or activity within any designated Floodway District (FW) that would cause any increase in the 100-year flood elevation.
(b)
In granting any variance, the Zoning Hearing Board may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare, and to achieve the objectives of this chapter.
(c)
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant, in writing, that the granting of the variance may result in increased premium rates for flood insurance and that it may increase the risk to life and property.
(3)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures and effects of buoyancy of the 100-year flood.
F.
Building Permit Applications.
(1)
In addition to that information normally required under this chapter in an application for a building permit, where construction is contemplated in a designated floodplain district, the Zoning Officer shall require the following specific information to be included as part of the application:
(a)
Existing and proposed contours and/or elevation of the ground and the lowest floor of proposed construction.
(b)
One-hundred-year flood elevations.
(c)
Other associated factors such as pressure and impact forces.
(d)
Storage elevations.
(e)
Size of the structures.
(f)
Location and elevations of streets, water supply and sanitary facilities.
(g)
Soil types.
(h)
Floodproofing measures, including specific reference to the level of floodproofing in relation to the 100-year flood.
(2)
A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the flood depths, pressures, velocities, impact and uplift forces, and other hydrostatic, hydrodynamic and buoyancy factors associated with the 100-year flood shall be attached to the application for building permit.
(3)
A copy of all applications and plans for construction or development in any designated floodplain district shall be submitted by the Zoning Officer to the County Conservation District for review and comment prior to the issuance of a building permit.
(4)
Prior to the issuance of any building permit, the Zoning Officer shall review the application to determine if all other necessary governmental permits such as those required by state and federal law have been obtained. No permit shall be issued until this determination has been made.
7.
Development Which May Endanger Human Life.
A.
The provisions of this subsection shall be applicable, in addition to any other applicable provisions of this chapter.
B.
In accordance with the Pennsylvania Flood Plain Management Act,[2] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances, will be used for any activity requiring the maintenance of a supply of more than 550 gallons or other comparable volume of any of the following dangerous materials or substances on the premises or will involve the production, storage or use of any amount of radioactive substances shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise regulated.
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
C.
Within any Floodway District, any structure of any kind described in Subsection 7B, above, shall be prohibited.
D.
Where permitted within Flood Fringe District or General Floodplain District, any structure of the kind described in Subsection 7B, above, shall be:
(1)
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the 100-year flood.
(2)
Designed to prevent pollution from the structure or activity during the course of a 100-year flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or with some other equivalent watertight standard.
E.
Within any tract, any structure of the kind described in Subsection 7B, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
F.
Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this subsection.
8.
Activities Requiring Special Permits.
A.
The provisions of this subsection shall be applicable, in addition to any other applicable provision of this chapter.
B.
Identification of Activities Requiring a Special Permit. In accordance with the Pennsylvania Flood Plain Management Act (Act 1978-166)[3] and regulations adopted by the Department of Community and Economic Development as required by the Act, the following obstructions and activities are permitted only by special permit, if located partially or entirely within any floodplain district:
(2)
The commencement of or any construction of a new manufactured home park or manufactured subdivision, or substantial development to such existing development.
[3]
Editor's Note: See 32 P.S. § 679.101 et seq.
C.
Application Requirements. Applicants for special permits shall provide five copies of the following items.
(1)
A written request, including a completed building permit application form.
(2)
A small-scale map showing the vicinity in which the proposed site is located.
(3)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale and date.
(b)
Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet.
(c)
All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet.
(d)
The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction, and elevations.
(e)
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural man-made features affected by the proposed activity of development.
(f)
The location of the floodplain boundary line, information and spot elevations concerning the 100-year flood elevations, and information concerning the flow of water, including direction and velocities.
(g)
The location of all proposed buildings, structures, utilities and any other improvements.
(h)
Any other information which the Township considers necessary for adequate review of the applications.
(4)
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale, showing the following:
(a)
Sufficiently detailed architectural or engineering drawings, including floor plans, sections and exterior buildings elevations, as appropriate.
(b)
For any proposed buildings, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.
(c)
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other facts associated with the 100-year flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Cross-section drawings for all proposed streets, drives, other accessways and parking areas, showing all rights-of-way, and pavement.
(f)
Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades.
(g)
Plans and profiles of all proposed sanitary and storm sewer system, water supply systems and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.
(b)
Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100-year flood.
(c)
A statement certified by a registered professional engineer, architect, landscape architect or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a 100-year flood, including a statement concerning the effects such pollution may have on human life.
(d)
A statement certified by a registered professional engineer, architect or landscape architect which contains a complete and accurate description of the effects the proposed development will have on 100-year flood elevations and flows.
(e)
A statement certified by a registered professional engineer, architect or landscape architect which contains a complete and accurate description of the kind and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the 100-year flood elevations and flows.
(f)
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
(g)
Where any excavation or grading is proposed, a plan to implement and maintain erosion and sedimentation control. Said plan shall meet the requirements of the Department of Environmental Protection and the Luzerne Conservation District.
(i)
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100-year flood.
D.
Application Review Procedures. Upon receipt of an application for a special permit by the Township, the following procedures shall apply in addition to all other applicable permit procedures which are already established:
(1)
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission and Township Engineer for review and comment.
(2)
If an application is received that is incomplete, the Township shall notify the applicant, in writing, stating in what respects the application is deficient.
(3)
If the Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4)
If the Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered mail, within five working days after the date of approval.
(5)
Before issuing the special permit, the Township shall allow the Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the applications and the decision made by the Township.
(6)
If the Township does not receive any communication from the Department of Community and Economic Development during the 30 days review period, it may issue a special permit to the applicant.
(7)
If the Department of Community and Economic Development should decide to disapprove and application, it shall notify the Township and the applicant, in writing, of the reasons for the disapproval, and the Township shall not issue the special permit.
E.
Technical Requirements for Development Requiring a Special Permit. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit. If there is any conflict between any of the following requirements or other applicable provisions, the more restrictive provision shall apply.
(1)
No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located and constructed so that:
1)
The structure will survive inundation by waters of the 100-year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the 100-year flood elevation.
2)
The lowest floor elevation (including basements) will be at least 1 1/2 feet above the 100-year flood elevation.
3)
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100-year flood.
(2)
All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review of the Township and the Department of Community and Economic Development.
F.
Within any floodplain district any structure of the kind described in Subsection 8B, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
G.
Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this subsection.
[Ord. No. 5-2005, 10/11/2005]
1.
Permitted home occupations operated in any dwelling unit may be operated only if it complies with all of the following conditions:
A.
Only a resident of the dwelling unit shall be employed to practice an occupation carried out in any dwelling unit. Except as otherwise provided herein, no more than two persons shall be employed by the practitioner of the occupation to provide secretarial, clerical or other similar assistance.
B.
A home occupation may only be operated within a single dwelling unit.
C.
There shall be no outside advertising other than one unanimated, nonilluminated sign of no more than two square feet in area on any one side.
D.
Except as otherwise provided herein, there shall be not more than one home occupation, and it shall not utilize more than 20% of the gross floor area of the dwelling unit, (except foster family care), and except that professional offices may utilize not more than 33% of the gross floor area of the dwelling unit.
E.
For those occupations which serve patrons, one off-street parking space shall be provided for each 150 square feet of floor area devoted to patron use, except in the case of dental, medical or paramedical offices, four off-street parking spaces shall be provided for each person engaged in dental, medical or paramedical practice.
F.
No storage of materials or products in open areas shall be permitted.
G.
No display of products made shall be visible from the street.
H.
No noise, odor, dust, vibration, electromagnetic interference, smoke, heat or glare shall be perceptible at or beyond the lot boundaries.
I.
Permitted home occupations shall be not more than one of the following uses:
(1)
Professional offices.
(2)
Rooming and/or boarding of not more than two unrelated persons.
(3)
Custom dressmaking, tailoring, millinery.
(4)
Foster family care (for not more than four children simultaneously).
(5)
Commercial photography and other similar used, excluding studios for individual and group portraits.
(6)
Barbershop and beauty parlor with not more than one nonresident employee.
(7)
Tutoring for not more than four students simultaneously, provided that the sound produced is not audible at any property line and that it is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
(8)
Licensed family day-care homes for not more than six nonresident children. No nonresident employees shall be permitted.
(9)
Antique repair and refinishing, catering, mail order, quilting, taxidermy service, TV repairs and upholstering.
[Ord. No. 5-2005, 10/11/2005]
1.
In all residential districts, no fence or wall may be erected over six feet in height except a retaining wall, and as required for swimming pools. In any event, no solid fence shall exceed a height of four feet within any required front yard. No solid fence shall exceed four feet within a front yard, including the area along the front yard line or the side yard lines extending from the front yard setback line to the front property line.
2.
In all agricultural districts, no fence or wall, except a retaining wall, over 10 feet in height may be erected.
3.
In all districts, no fence, wall, or hedge may be erected or planted within the right-of-way lines of any street, nor may they encroach upon any right-of-way at any time. Any fence or wall, except a retaining wall, placed within the front yard of any property shall be limited to a maximum height of four feet.
4.
All stormwater detention ponds are required to be fenced with a minimum four-foot-high, chain-linked fence with locking gate.
[Ord. No. 5-2005, 10/11/2005]
On every corner lot there shall be provided a yard, equal in depth to the front yard requirements of the particular zoning district in which the corner lot is located, on each side of the lot which is adjacent to a street.
[Ord. No. 5-2005, 10/11/2005]
1.
Where two-family dwellings are permitted, they may be created by converting a single-family dwelling to a two-family dwelling only as a special exception authorized by the Zoning Hearing Board; provided, however, that:
A.
The lot area per dwelling unit shall not be reduced to less than the minimum required in the zone where it is situated.
B.
The yard and building area requirements for the subject zone shall be maintained.
C.
The minimum requirements for off-street parking shall be maintained for each dwelling unit.
D.
On-lot water and sewage.
(1)
Adequate sewage disposal and potable water supply must be provided by utilization of the existing facilities servicing the principal residence or installation of separate systems. If existing on-lot facilities are to be used, the applicant shall certify that they will be adequate for both dwellings.
(2)
If the owner has not cleaned the septic tank within the previous 24 months, he shall do so before an occupancy permit is issued.
[Ord. No. 5-2005, 10/11/2005]
1.
"Community" or "club" swimming pools shall be any pool constructed by an association of property owners or by a private club solely for use and enjoyment by members of the association or members and their families and guests of members. Community and club swimming pools shall comply with the following conditions and requirements:
A.
The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which it is located.
B.
The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The said fence or wall shall not be less than six feet in height, and maintained in good condition. The area surrounding the enclosure, except parking areas, shall be suitably landscaped with grass, hardy shrubs and trees and maintained in good condition.
[Ord. No. 5-2005, 10/11/2005]
1.
The minimum amount of land in the proposed development shall be five acres.
2.
The development shall be served by public or community sewage disposal and water supply facilities.
3.
The overall density of the development shall not exceed eight dwelling units per acre.
4.
Permitted uses shall include single-family detached dwellings, single-family semidetached dwellings, two-family detached dwellings, two-family semidetached dwellings, townhouses and apartment buildings.
5.
No less than 20% of the gross land area contained within the development shall be permanently set aside for noncommercial common open space purposes, such as recreation or conservation of natural features. These noncommercial common open space areas shall be suitable for the designated purpose and contain no structure or parking facility except as related to and incidental to open space uses. Common open spaces shall not include land included within street rights-of-way nor shall they include land included within building lots. No more than 50% of the common open space shall be land with slope of over 15% subject to flooding, or with a high water table. Common open space areas may be reserved for private use or dedicated to the Township. For land which is not dedicated to the Township, written agreements approved by the Township Supervisors shall be made for the perpetual preservation and maintenance of the undedicated common open space areas.
6.
No more than 15% of those portions of the tract with a slope of between 15% and 35% shall be covered by impervious surfaces.
7.
No more than 15% of those areas of the tract which have a high water table (as mapped by the Natural Resources Conservation Service) shall be covered by imperious surfaces.
8.
A system for pedestrian circulation within the tract shall be provided. This system shall provide access to community facilities and recreation areas.
9.
The plan for the development must be submitted to the Township Planning Commission for review and receive final approval from the Township Supervisors in accordance with the procedures established in Chapter 22, Subdivision and Land Development, of the Township Code.
10.
Those areas of the tract designated for apartments shall have:
11.
(Reserved)
12.
Those areas of the tract designated for a mixture of apartments and townhouses shall have at least 5,445 square feet of land provided for each dwelling unit.
13.
The maximum length of an apartment building shall be 200 feet.
14.
No apartment building shall be closer than 50 feet to another dwelling.
15.
The number of townhouse units within a continuous grouping shall not exceed eight.
16.
No townhouse within a continuous row of townhouses shall be closer than 50 feet to a dwelling unit not in that row of townhouses.
17.
Within any continuous group of townhouses, there shall be at least two different architectural plans having substantially different designs, building materials and exterior elevations. In addition, no more than three continuous townhouses shall have the same front setback and the variations in front setback shall be at least four feet.
18.
All structures shall be a minimum of 50 feet from the property lines of the development.
19.
No building shall have a height exceeding 35 feet.
20.
No apartment building shall be located within 50 feet of any street of right-of-way line.
21.
No townhouse shall be located within 30 feet of any street of right-of-way line.
22.
Parking shall be provided on the lot of the townhouse or in a joint parking facility for a group of townhouses with such deed restrictions as are necessary to determine ownership and maintenance of common parking facilities.
23.
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides, and all trash and rubbish shall be contained in airtight, vermin-proof containers.
24.
Common parking areas for townhouses or apartments shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas in which cars parked in the end stalls of the lots may turn around.
25.
Common parking areas and access drives for townhouses or apartments shall be located a minimum of 20 feet from all structures and form the exterior lot lines of the development. Common parking areas shall be a minimum of 20 feet from all roads.
26.
Entrance- and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
27.
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 parking spaces shall be accommodated in any one parking area, and all parking areas shall be landscaped.
28.
Entrances to and exits from common parking areas shall be located a minimum of 50 feet from the point of intersection of the nearest street curblines.
29.
Within areas designated for apartments and townhouses, impervious coverage shall not exceed 25% of the land area.
30.
The applicant shall submit a plan, at the scale of his preliminary and final subdivision plans, to the Township Supervisors which shall show existing natural features of the site, including soil types, watercourses, tree masses, drainageways and slopes.
31.
Regulations for single-family detached dwellings and single-family semidetached dwellings shall be as follows:
Regulation Type | Single-Family Detached Dwelling | Single-Family Semidetached Dwelling |
|---|---|---|
Maximum lot coverage minimum regulations (percent) | 35% | 35% |
Lot size (square feet) | 8,000 | 12,000 |
Building setback line (feet) | 30 | 30 |
Minimum width at building setback line (feet) | 70 | 80 |
Rear yard (feet) | 20 | 20 |
Side yard (feet) | 10 | 10 |
[Ord. No. 5-2005, 10/11/2005]
1.
Statement of Intent. This section authorizes, upon issuance of a special permit, the temporary installation of small removable homes, to be known as "Elder Cottage Housing Opportunity" units, hereinafter referred to as "ECHO units," on the same lots with existing single family homes. Such ECHO housing units shall be considered to be accessory residential uses.
2.
Purpose.
A.
To permit adult children to provide small temporary residences for their aging parents who are in need of support, while maintaining as much of the independence of the two generations as possible.
B.
To permit families to provide security and support for nonelderly relatives with serious health problems or physical or developmental disabilities.
C.
To reduce the degree to which frail elderly homeowners have to choose between increasing isolation in their own homes and institutionalization in nursing homes.
D.
To develop housing types that are appropriate for households at a variety of stages in the life cycle.
E.
To permit ECHO housing in a manner that will protect property values by ensuring that the units are compatible with the neighborhood and are easily removed.
3.
Permit Requirements. A permit shall be issued for a temporary ECHO unit to lot owners of record, provided the following requirements are satisfied:
A.
A site plan will be presented to the Zoning Officer which sets forth a minimum floor area of 280 square feet for one occupant and 400 square feet for two occupants for each ECHO unit. Said unit will not exceed a floor area of 850 square feet nor a height of 16 feet. All ECHO units shall be one story only. Only one ECHO unit may be placed on each lot.
B.
An ECHO unit shall only be placed upon a lot that is conforming to the requirements of its respective zoning district.
C.
The placing of the ECHO unit shall be in conformity with the maximum lot coverage for building and for total impervious cover for the respective district. The total areas of all buildings, including the ECHO unit, the main house and all the other outbuildings, shall be used to determine lot coverage capacity for the respective zoning district.
D.
The ECHO unit must be located within the legal rear setbacks required by this chapter for the respective zoning district. No ECHO unit shall be placed in any front yard. The ECHO unit shall be located so as to allow clear access to equipment to place and remove it. Its location shall address aesthetic and community character concerns, especially those of adjoining neighbors.
E.
Adequate parking shall be provided for any ECHO unit vehicles. The number of spaces that are required will be determined by the Zoning Officer.
F.
Access must be provided to the unit separate from that of the primary residence. Walkways from parking areas and the principal residence to the ECHO unit shall be suitable for wheelchair and stretcher access, as determined by the Zoning Officer. The ECHO unit shall be planned for future installation of a wheelchair ramp.
G.
Safety and Security.
(1)
It is recommended that all ECHO units which are "manufactured/modular" or "stick-built" follow the "Recommended Construction and Installation Standards" published by the American Association of Retired Persons.
(2)
All ECHO units shall have at least two exit doors.
(3)
The applicant shall certify that each ECHO unit shall at a minimum meet the requirements of Subpart C, Fire Safety, Department of HUD's "Manufactured Home Construction Safety Standards," 24 CFR Part 3280, or the statewide building code.
H.
Water and Sewage.
(1)
Adequate sewage disposal and potable water supply must be provided by utilization of the existing facilities servicing the principal residence or installation of separate systems. If existing on-lot facilities are to be used, the applicant shall certify that they will be adequate for both dwellings.
(2)
If the owner has not cleaned the septic tank within the previous 24 months, he shall do so before an occupancy permit is issued.
I.
Occupancy.
(1)
The record owner(s) of the principal residence and lot must live in one of the dwelling units on this lot.
(2)
At least one occupant of the principal residence and at least one occupant of the ECHO unit must be related by blood, marriage or adoption.
(3)
In no case shall there be more than two occupants of an ECHO unit.
(4)
At least one occupant of the ECHO unit must be over 62 or unable to live independently because of mental or physical illness or disability. Confirmation of mental or physical illness or disability shall be provided by a certified statement by a licensed, practicing physician.
J.
Removability.
(1)
The ECHO unit's foundation should be of easily removable materials so that the lot may be restored to its original use after removal, with as little expense as possible.
(2)
No permanent fencing, walls, or other structures shall be installed that will hinder removal of the ECHO unit.
(3)
In the event there is a sewage failure and there is no repair within 30 days after notice by the Township, the use of the ECHO unit will be discontinued immediately until corrected and the Township may revoke said permit and proceed with removal without any liability.
4.
Application Procedures.
A.
Submission of Application. Property owners who want to install an ECHO unit on the same lot with their principal residence must submit a written application with an attached sketch plan to the Zoning Officer which addresses the requirements for issuance of a special permit and includes the following information, with adequate proof thereof:
(1)
The names and addresses of all owners of record and proposed occupants of the ECHO unit.
(2)
The relationship of the proposed occupant(s) to owner(s) and an agreement that occupant(s) will meet the eligibility standards of Subsection 3 of this section.
(3)
A sketch plan of the lot shall be drawn to scale and shall show:
(a)
The location and dimensions of all structures.
(b)
The location of parking for all vehicles.
(c)
The square footage of the ECHO unit and principal residence.
(d)
The location of on-lot water and sewage systems.
(e)
The Tax Map parcel number.
(f)
The property description of the lot, including total acreage.
(4)
The floor plan for ECHO unit (which may be the manufacturer's or builder's plan).
B.
Agreement to Special Conditions. Also included in the application will be a notarized written agreement by the property owner(s):
(1)
To adhere to the terms and conditions of this section and any other conditions required by the Zoning Officer or the Board of Supervisors and to execute any and all documents that may be required to ensure that the terms and conditions imposed are fulfilled and that the intent and policy of this chapter is fulfilled.
(2)
To renew the special permit, if granted, on an annual basis until this section is removed.
(3)
To acknowledge that when the ECHO unit is no longer a legally permitted use, the owner(s) will be responsible for its removal from the lot and for restoration of the property to its original condition within six months.
(4)
That if the owner(s) should not remove the ECHO unit within six months after it is no longer a permitted use, the Township may remove the unit at the cost of owner(s) and charge the costs of removal as a lien against the property. The Township may salvage the ECHO unit and sell it to defray the costs incurred.
(5)
That only the original occupant(s) will remain in the ECHO unit and in the event there is any change in the occupant(s), then a new application will be submitted. [See following Subsection 4B(6)].
(6)
To remove the ECHO unit from the premises upon the death of the occupant(s) for whom permitted, unless one occupant remains and the resident in the principal dwelling specifically requests from the Zoning Officer continuation of the permit; or upon a permanent charge of residence, defined as absence from ECHO unit for six months, of the said occupant or occupants. Removal shall be completed within six months of such event. The site shall be restored so that no visible evidence of the unit remains.
(7)
That in the event of a sewage or water malfunction, the residents of the premises and record property owner(s) shall repair the same within 30 days after notice by the Township.
C.
Petition for Variance to the Zoning Hearing Board. Should the landowner(s) be unable to meet the conditions of this section, and feel that a petition for an exception is justified, such petition may be made to the Zoning Hearing Board in accordance with normal procedures.
[Ord. No. 5-2005, 10/11/2005]
Dwelling units in mixed-use structures shall not have more than two bedrooms.
[Ord. No. 5-2005, 10/11/2005]
1.
Trucks/trailers, accessory to a principal use, awaiting loading or unloading may be stored on the same lot as the principal use to which they are accessory, if waiting to be loaded or unloaded; provided, however, that such trucks/trailers may not be stored on such sites for a period of more than 48 hours. Such trucks, if they require a wait of more than 48 hours, may only be stored for such periods beyond 48 hours if they are stored in designated areas not less than 200 feet distant from any public right-of-way.
2.
The use of trucks/trailers as a warehouse, for future display and/or future sale shall be permitted only in enclosed structures.
[Ord. No. 5-2005, 10/11/2005]
1.
Mobile home parks are subject to the following:
A.
The minimum area of a mobile home park shall be five acres.
B.
When the mobile home park is served by either a public or community sewage disposal system and by either a public or community water system, there shall be a maximum gross density of five dwelling units per acre the minimum dimensions of a mobile home space shall be 50 feet by 120 feet. Where on lot sewage disposal is used, each mobile home shall be placed on a lot which shall meet the requirements of a lot for a single-family detached dwelling when on lot sewage disposal is used. Where a public or community sewage disposal system and an on-lot water supply is used, each mobile home shall be placed on a lot which shall meet the requirements of a lot for a single-family detached dwelling when a public or community sewage disposal system and an on lot water supply is used.
C.
No less than 10% of the total area of the mobile home park shall be devoted to recreation areas for the use of all residents of the park. Provision shall be made by the owner of the mobile home park for the development installation and maintenance of such recreation area.
D.
Mobile homes shall be located at least 50 feet from any street located outside the property lines of the park and 25 feet from streets located within the property lines of the mobile home park.
E.
The minimum required distance between any mobile home, service or accessory building or parking facility and a boundary line of the mobile home park shall be 50 feet. The minimum required distance between any mobile home and another mobile home, service or accessory building or common parking facility shall be 30 feet.
F.
Two off-street parking spaces shall be provided for each mobile home.
G.
The limits of each mobile home lot shall be clearly marked on the grounds by permanent flush stakes, markers or other suitable means.
H.
The mobile home park shall be permanently landscaped and maintained in good condition.
I.
A mobile home park shall not include a mobile home sales establishment.
J.
Skirting around the mobile home is required in order to conceal all supports and utility connections.
K.
All mobile homes shall be properly connected to water, sewage and electrical systems approved by the Township.
L.
Each mobile home space shall be provided with a hard-surfaced mobile home stand providing a foundation which will not heave, shift, settle or move due to frost action, inadequate drainage, vibration or other force acting on the structure.
[Ord. No. 5-2005, 10/11/2005]
1.
Motor vehicle service station subject to the following:
A.
Fuel pumps shall be at least 20 feet from any right-of-way line.
B.
All activities except those required to be performed at the fuel pumps shall be performed within a completely enclosed building, when practical.
C.
All automobile parts, dismantled vehicles and similar articles shall be stored within a building.
D.
In no case shall the lot size be less than 20,000 square feet.
[Ord. No. 5-2005, 10/11/2005]
1.
Car washing facility, subject to the following:
A.
Minimum lot size, in all instances, shall be one acre.
B.
No structure shall be located less than 40 feet from any lot line.
C.
The approach drive or parking area shall be constructed to accommodate a minimum of four cars per bay; provided, however, that in the case of a facility where only one bay is provided, the approach drive or parking area shall be constructed to accommodate a minimum of eight cars.
[Ord. No. 5-2005, 10/11/2005]
1.
Repair garage facility, subject to the following:
A.
In no case shall the lot size be less than 40,000 square feet.
B.
No building shall be closer than 25 feet to any lot line.
C.
All repair activities shall be performed within a completely enclosed building.
D.
All outdoor storage of dismantled vehicles, automobile parts, and similar items shall be adequately screened from view in such a manner that the outdoor storage of materials is not visible from adjoining properties.
[Ord. No. 5-2005, 10/11/2005]
1.
All solid waste disposal facilities, transfer stations, and staging areas are herein referred to as "the facility."
A.
Within this district, siting, design, construction and operations shall be as regulated by the Pennsylvania Department of Environmental Protection.
B.
All-weather access roads shall be provided to the facility.
C.
All facility sites shall be located a minimum 400 feet from any residential district boundary line.
D.
All facility sites shall be located a minimum of 200 feet from any street not located within the lot and 200 feet from any adjoining property line.
E.
Minimum lot size shall be 10 acres.
F.
A fence shall be maintained along all property lines. This fence shall have a minimum height of six feet.
G.
All areas where operations are conducted shall be screened from view from the lot boundaries.
H.
No such activity shall be conducted earlier than 7:00 a.m. or later than 7:00 p.m. during each day, and such activities shall not be performed on Sundays or legal holidays as designated under federal law.
I.
In approving a special exception for a facility, the Zoning Hearing Board shall ascertain that such activities shall not be or potentially be hazardous to the health and safety of any resident of Sugarloaf Township or its environs. Towards this end, the Zoning Hearing Board shall require the submission of an environmental assessment in accordance with federal and state requirements, and such environmental assessment shall include, but not be limited to, a traffic study and plan. Such traffic study and plan shall comply with the following requirements:
(1)
Any facility located adjacent to a federal highway shall comply with all regulations of the Federal Highway Administration.
(2)
Any facility located adjacent to a federal highway shall comply with all regulation of the Pennsylvania Department of Transportation.
(3)
The traffic study and plan shall establish the most direct proposed route or routes for vehicles carrying solid waste to the facility. This route shall minimize impacts on any hospital, residential home, retail commercial establishment, public school, or religious institution.
(4)
The traffic study and plan shall include proposed remedial actions to be taken in the event of a solid waste spill or an accident involving a vehicle transporting solid waste.
[Ord. No. 5-2005, 10/11/2005]
1.
Junkyards shall only be allowed as a special exception in the I-1 Zone and shall be subject to the following requirements: Such uses existing at said date of adoption may continue their operations as nonconforming uses, but shall terminate within one year unless they shall be completely enclosed by a solid fence, screen or wall of sufficient height so as to obscure all view of such use.
2.
No operations shall be conducted which shall cause a general nuisance or endanger the public health of the surrounding neighborhood.
3.
No highly inflammable or explosive material shall be stored in bulk above the ground, with the exception of fuel tanks or drums which are directly connected with heating appliances. Inflammable and explosive material storage shall be in compliance with all applicable federal and state laws and regulations.
4.
All materials or wastes causing fumes or dust, constituting a fire hazard, or attractive to rodents or insects may be stored outdoors only in enclosed containers.
5.
Existing junkyards shall also be subject so the above-described requirements, and, such uses legally existing at the time of the adoption of this amendment may continue their operations as nonconforming uses; provided, however, that such uses shall be terminated within one year unless they shall be completely enclosed by a solid fence, screen, or wall of sufficient height so as to obscure all view of the materials stored at the site.
[Ord. No. 5-2005, 10/11/2005; as amended by Ord. No. 4-2023, 7/18/2023]
2.
Records Requirements. It shall be the responsibility of the owner of such facility or yard to ascertain that the identified hazardous materials are not stored on the subject premises. This shall be accomplished by the owner securing an affidavit from the tenant attesting to the fact that such materials are not being stored in the tenant's rented space if the space is indeed leased. A copy of said affidavit shall be retained on the premises by the owner and a copy shall be submitted to the Township Zoning Officer. If the subject premises are not leased by owner, it shall be owner's obligation to prepare and tender an affidavit accordingly and consistent with the foregoing.
[Ord. No. 5-2005, 10/11/2005]
1.
Outdoor recreational area of a private nature for use by the general public. Permissible uses are parks, picnic grounds, riding trails or academy, hiking trail, boating, fishing, hunting, nature center, swimming area and ski area, provided that:
A.
The lot on which any such use is conducted shall not be less than four acres in size.
B.
The use shall include only necessary accessory structures and no commercial activity shall be permitted except for charging of admission, sale of refreshments, rental of athletic equipment, or such other purpose as is clearly incidental to the permitted outdoor recreational use.
C.
No more than 10% of the lot shall be covered by impervious surfaces.
[Ord. No. 5-2005, 10/11/2005]
Club, fraternal organization or lodge provided that the principal activity shall not be one which is customarily carried on as business, and provided that all services shall be for members and their guests only.
[Ord. No. 5-2005, 10/11/2005]
[Ord. No. 5-2005, 10/11/2005]
[Ord. No. 5-2005, 10/11/2005]
1.
The minimum lot size shall be three acres.
2.
The development shall contain at least 3,630 square feet of land for every apartment or townhouse with one bedroom 4,356 square feet of land for every apartment or townhouse with two bedrooms and 5,445 square feet of land for every apartment or townhouse with three or more bedrooms.
3.
The development shall be served by public or community sewage disposal or water supply facilities.
4.
Not less than 20% of the gross land area contained within the development shall be permanently set aside for noncommercial common open space purposes, such as recreation or conservation of natural features. These noncommercial common open space areas shall be suitable for the designated purpose and contain no structure or parking facility except as related to and incidental to open space uses. Common open spaces shall not include land included within street rights-of-way nor shall they include land included within building lots. Common open space areas may be reserved for private use or offered for dedication to the Township. The Township may accept or reject such offer of dedication. For land for which the Township does not accept dedication, written agreements approved by the Township Supervisors shall be made for the perpetual preservation and maintenance of the undedicated common open space areas.
5.
A system for pedestrian circulation within the tract shall be provided. This system shall provide access to community facilities and recreation areas.
6.
The plan for the development must be submitted to the Township Planning Commission for review and receive final approval from the Township Supervisors in accordance with the procedures established in Chapter 22, Subdivision and Land Development, of the Township Code, and the requirements of this chapter.
7.
No building shall have a height exceeding 35 feet.
8.
No more than 5% of those areas of the tract with a slope of 25% or greater shall be covered by impervious surfaces.
9.
No more that 15% of those portions of the tract with a slope of between 15% and 25% shall be covered by impervious surfaces.
10.
No more that 15% of those areas of the tract which have a high water table (as mapped by the Natural Resources Conservation Service) shall be covered by impervious surfaces.
11.
No apartment building shall be closer than 40 feet to the townhouse, another apartment building, street right-of-way or property line of the development.
12.
No townhouse shall be closer than 40 feet to a townhouse not in that row of townhouses, street right-of-way or property line of the development.
13.
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides and all trash and rubbish shall be contained in vermin proof containers.
14.
Common parking areas for townhouses or apartments shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall be provided adequate areas in which cars parked in the end stalls of the lots may turn around.
15.
Common parking areas and access drives for townhouses or apartments shall be located a minimum of 20 feet from all structures and from the exterior lot lines of the development. Common parking areas shall be a minimum of 20 feet from all roads.
16.
Entrance- and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
17.
Parking area shall be designed to prevent through traffic to other parking areas. No more than 60 parking spaces shall be accommodated in any one parking area, and all parking areas shall be landscaped.
18.
Entrances to and exits from common parking areas shall be located a minimum of 50 feet from the point of intersection of the nearest street curblines.
19.
The maximum length of an apartment building shall be 200 feet.
20.
The number of townhouse units within a continuous grouping shall not exceed eight.
21.
The applicant shall submit a plan showing existing natural features of the site, including soil types, watercourses, tree masses, drainageways and slope.
22.
Building coverage shall not exceed 20% of the area of the development.
23.
The paved area shall not exceed 30% of the area of the development.
[Ord. No. 5-2005, 10/11/2005]
Mining, subject to all state and federal laws, rules and regulations and such additional reasonable rules, regulations and requirements as the Zoning Hearing Board may determine.
[Ord. No. 5-2005, 10/11/2005]
1.
Quarry and surface mining, subject to the following conditions:
A.
B.
Location Conditions:
(1)
The proposed use shall conform to the following conditions that guide the location of quarry and surface mining uses:
(a)
A minimum tract area of 200 acres.
(c)
A traffic impact study shall be submitted with the special exception application. The study shall indicate the traffic to be generated by the proposed use, the impact on the existing roads and traffic, and contain proposals to offset any condition that adversely impacts the existing conditions. The proposed use shall not cause the deterioration to any degree of the existing road and traffic conditions.
(d)
The application and diagrams for access permits to any public road shall be submitted with documentation that the proposed access is safe and adequate to handle the traffic resulting from the proposed use.
(e)
Access roads shall be paved for a distance of 200 feet from the public road and designed to prevent any material from being tracked onto the public roadway.
(f)
A report that establishes a baseline measurement of the existing water quality and quantity of groundwaters and surface waters impacted by the proposed use.
(g)
The proposed use may not be located above or over any aquifer used as a source for public water supply.
(h)
The proposed site shall not contain any perennial surface stream or watercourse.
(i)
The proposed use shall be located a minimum distance of 300 feet from any zoning district that permits residential uses.
(j)
The proposed use shall be located a minimum of 300 feet from any surface stream used as a source for a public water supply.
(k)
The area created by required setbacks shall be retained in a natural condition that provides buffer or screening, or provided with raised earth berm landscaped to provide year-round screening and buffer to public roads and residential uses or areas.
(l)
A site plan that shows the location of all existing and proposed improvements and extraction areas, and contours appropriate to show the land characteristics.
(m)
As a condition for approval of a special exception application, the applicant agrees to submit to the Township Zoning Officer within the first 30 days of each year of operation a progress report that indicates that inspection and maintenance of equipment, fences, signs, state of reclamation has been done, and verification is included that the operation complies to all state and federal requirements.
[Ord. No. 5-2005, 10/11/2005]
1.
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
2.
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
3.
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
4.
Any applicant proposing construction of a new communications tower shall demonstrate that a good-faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good-faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
A.
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
B.
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
C.
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
D.
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission, governing human exposure to electromagnetic radiation.
E.
A commercially reasonable agreement could not be reached with the owners of such structures.
5.
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
6.
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
7.
Recording of a plat of subdivision or land development shall be required for a lease parcel on which a communications tower is proposed to be constructed.
8.
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
9.
The maximum height of any communications tower shall be 150 feet.
10.
The foundation and base of any communications tower shall be set back from a property line (not lease line) at least 100 feet.
11.
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from any abutting properties.
12.
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for any accessory structure.
13.
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of the Township's building code.
14.
The applicant shall submit a copy of its current Federal Communications Commission license, the name, address and emergency telephone number for the operator of the communications tower and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence, covering the communications tower and communications antennas.
15.
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
16.
The site of a communications tower shall be secured by a fence with a minimum height of eight feet to limit accessibility by the general public. Such fence shall be a distance of not less than 50 feet from all sides of the tower. If the site is a leased area, then only the leased area need be fenced.
17.
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
18.
Communications towers shall be protected and maintained in accordance with the requirements of the Township's building code.
19.
If a communications tower remains unused for a period of 15 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such fifteen-month period.
20.
One off-street parking space shall be provided within the fenced area.
21.
Minimum lot size shall be calculated by using the height of the tower, plus 50 feet in all directions from the center of the tower. All existing features within this area shall be shown in case of tower failure. Furthermore, no lot or lease shall be less than the minimum lot size requirements for the zoning district where it is located but in no case less than one acre.
[Added by Ord. No. 3-2012, 11/13/2012]
1.
Any container, bin or other equipment for garbage, trash, refuse and similar solid waste shall have a tightly fitting cover to prevent the overflow of waste material. Said cover shall be used at all times.
2.
The owner or occupant or commercial or industrial premises where a container is placed shall provide a clean, safe and sanitary area for the storage thereof subject to this chapter and Chapter 22, Subdivision and Land Development, of the Code of Sugarloaf Township.
3.
Containers, Commercial and Industrial. Every collector who rents, owns or controls any container, bin or other equipment used for the storage of commercial or industrial solid waste shall:
A.
Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height said collector's name or firm name and telephone number in a color contrasting to the background of the container.
B.
At all times keep such containers and lids in good, clean and sanitary condition.
C.
Provide suitable containers for all commercial or industrial property customers as required by this chapter.
[Added by Ord. No. 4-2018, 9/11/2018]
1.
Purpose and Intent. Sugarloaf Township recognizes that the diversity of prepared food options can be enhanced by permitting mobile food vendors to serve prepared food within the Township limits in the C-1 Highway Commercial District, C-2 Highway Interchange Commercial District, and I-1 General Industrial and Mining District. The Township further recognizes that mobile food vendors have the same responsibilities to their customers and the community as do food service establishments with fixed locations and should be required to abide by the local permitting process. The requirements of this section apply to mobile food vendors who return to the same location or service area daily or on a set schedule within the Township of Sugarloaf.
2.
Requirements for mobile food vendors ("vendors") within the C-1, C-2 and I-1 Zoning District in the Township of Sugarloaf:
A.
Vendors must have a current permit to operate from the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services, or the local health department and a ServSafe certification.
B.
Vendors may operate only on private property with written permission from the property owners. The parcel must be zoned C-1 Highway Commercial, C-2 Highway Interchange Commercial or I-1 General Industrial and Mining.
C.
Vendors may operate only during daylight hours between 8:00 a.m. and 8:00 p.m.
D.
Mobile vending units shall be located at least 10 feet away from the nearest building, provided that a mobile vending unit may be located closer than 10 feet to a building if the location has been approved in advance by the Township Fire Chief. Mobile vending units shall be located a minimum distance of 15 feet in all directions of a fire hydrant.
E.
Vendors shall only serve walk-up customers, not customers in a motor vehicle.
F.
Vendors shall not broadcast music or loud advertisements.
G.
Vendors shall not provide customer seating.
H.
No signage is allowed except signage affixed to the mobile vending unit identifying the vendors and menu/price information.
I.
Vendor must display the food vendor, ServSafe, Department of Agriculture, or local health department permits in a prominent location on the unit.
J.
Only one mobile vending unit may locate on any parcel at one time.
K.
Vendors must provide for adequate waste collection from their customers and remove waste from the site daily without using public waste receptacles.
L.
Vendors must operate in a safe, sanitary, and nonoffensive manner. Complaints of unsafe conditions, excessive waste or noise (from patrons or machinery), or other disruptive conditions to neighboring owners or occupants will be investigated and may be the cause for revoked permits or denied permit renewal and may result in a citation for public nuisance, excessive noise, disorderly conduct or any other applicable violation of an ordinance or statute.
M.
The mobile food vendor operator and his/her designee must be present at all times during hours of operation except in the case of an emergency.
N.
No liquid waste or grease is to be disposed in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances shall grease be released or disposed of in the sanitary sewer system serving the Township.
O.
Mobile vending units must contain adequate facilities for electric and water. No mobile vending unit shall utilize or connect to a third-party or outside source for electric or water.
3.
Permit Requirements. Mobile food vendors must obtain an annual permit to operate within the C-1, C-2 or I-1 District in the Township of Sugarloaf. The following information shall be provided with each application for a mobile food vendor permit:
A.
Name of mobile food vendor.
B.
Make, model, and license plate number of vending unit.
C.
Owner's contact information.
D.
Operator's contact information.
E.
Type of vendor (street vending unit or sidewalk vending unit).
F.
Copy of approved permit from the Pennsylvania Department of Agriculture.
G.
List of operating locations and times (calendar).
H.
Signatures from property owners, indicating consent for the use of their property.
I.
Signature by applicant, indicating agreement to the listed requirements for operation of a mobile food vendor business in the C-1, C-2 or I-1 District.
J.
Proof of valid insurance policy that provides minimum liability coverage of $1,000,000 with the Township named as additional insured.
4.
Investigation of Applicants; Granting of Authorization.
A.
Upon receipt of an application for a permit, the Chief of Police or his or her delegate shall investigate the applicant and the applicant's business or organization as he or she deems necessary for the protection of the public welfare. Further, the Chief of Police and the Zoning Officer shall review the applicant's proposed location regarding vehicular traffic congestion and/or pedestrian access.
B.
The Chief of Police shall report the findings of his or her investigation to the Zoning Department.
C.
Mobile food vendor permits shall be issued by the Zoning Officer. No permit shall be issued until such investigation by the Chief of Police and the Zoning Officer is complete, but in no event shall authorization be granted sooner than three full business days from the date of receipt of the application by the Sugarloaf Township Police Department.
5.
Appeals. Any person aggrieved by the action of the Zoning Officer shall have the right of appeal to the Zoning Hearing Board within the time frame allowed for appeal of the action of a Zoning Officer under this chapter.
6.
Permit Review. Permit requests shall be submitted to the Zoning Officer for review and approval. Permits must be obtained annually.
7.
Special or Multiple Vendor Events. Special events held for a defined period of time (such as a day or weekend) by local churches, fire companies, community nonprofit organizations or other community fund-raising or charitable organizations may be exempt from certain requirements of this section upon the filing of a request for a waiver to the Township. The waiver request should include and explain the proposed use involving the sale of food from other than a fixed location and the requirements of Subsections 2 and 3 and the section(s) for which a waiver is requested. Organizers of such events are required to obtain a permit under this section.
8.
Permit Fees. The Township may by resolution establish, and from time to time amend, a fee amount for a mobile food vendor permit.
9.
Maximum Number of Permits. No more than 10 active mobile food vendor permits shall be allowed at any given time. Permits shall be issued to qualified applicants on a first-come, first-served basis. The Township may refuse a permit if the Township determines that issuing the permit will negatively impact traffic flow, or will otherwise be detrimental to the general public health and safety, or if the number of issued mobile food vendor permits is already exhausted. Mobile food vendors will be encouraged to adjust the locations or times of their proposed sales to accommodate the Township's ability to ensure public health and safety. The Township may refuse a permit to anyone seeking a mobile food vendor permit if the entity has a poor record of conformance with permit requirements. No permit shall be issued until the permit fee established by the schedule of fees has been paid in full.