Except as provided by law or this chapter, in each district,
no building, structure or land shall be used or occupied except for
the purposes permitted in the zoning districts as indicated herein.
A.
All uses permitted by right or conditional use shall be subject,
in addition to use regulations, to such regulations of yard, lot size,
lot width, building area and height, impervious surfaces, easements,
buffer yards, off-street parking and such other provisions as are
specified in other articles herein.
B.
All uses permitted in the Township shall be subject, in addition
to this chapter's regulations, to all other applicable Township, county,
state or federal requirements and licensing regulations and to the
requirements of any other agency having jurisdiction over such matters.
These include, but are not limited to, regulations for licensing of
human service activities, requirements for accessibility of the disabled,
sewage disposal requirements, water supply regulations, soil erosion
and sedimentation control requirements, floodplain regulations, state
road regulations and fire protection requirements.
A.
Agricultural uses.
(1)
A-1. Agriculture and horticulture. Agriculture and horticulture shall
be limited to uses such as tilling of soil; raising of livestock;
growing trees, shrubs, flowers or vegetables; and related farmhouses
and usual farm buildings; single-family detached dwellings for the
sole use of individuals and the immediate families engaged in agricultural
employment on the same site or for the immediate family of the landowner
or for persons engaged in agricultural employment on the property.
(a)
All buildings associated with the use, i.e., barns, sheds, silos,
etc., shall be permitted, provided that no building shall be located
any closer than 100 feet to any street line, proposed street line
or a dwelling other than the owner's dwelling and not less than 50
feet from any other property line. Any building or structure used
for the keeping or raising of livestock, horses or poultry shall be
situated not less than 100 feet from any street line or property line.
(b)
A nursery or produce sales yard or farm stand as part of this
use shall be permitted for the sale of products grown on the property.
In addition, the buying of some plants or products for resale will
be permitted so long as the buying and resale does not result in the
cultivation and sale of products produced on the property becoming
mere accessories to the commercial buying and resale. Access to the
tract must be controlled by physical means to limit access to two
points. The access points shall be no more than 24 feet wide, and
the location of the use shall not be closer to any intersection than
60 feet. Sales buildings or stands shall comply with the minimum yard
requirements of the district. An annual permit shall be secured from
the Zoning Officer for a nursery or produce sales yard or farm stand.
Such use does not include landscape contracting.
(c)
The minimum lot area shall be two acres, except as specified
below.
[1]
The keeping of livestock, horses or poultry shall be limited
to lots of at least five acres in area and shall be limited to two
heads of livestock or horses or 25 fowl per acre.
[2]
Intensive agriculture, such as mushroom houses, feedlots or
confinement livestock or poultry operations taking place in structures
or closed pens, shall require a minimum lot size of five acres and
shall not be situated less than 30 feet from any stream, swale or
body of water.
(d)
A plan must be submitted setting forth and indicating the system
by which liquid and solid waste will be disposed of and shall be in
accordance with regulations set forth by the Pennsylvania Department
of Environmental Protection.
(e)
This use shall not include riding academies, livery or boarding
stables, commercial dog kennels and the raising of fur-bearing animals.
(2)
A-2. Riding academy. Riding academy, livery or boarding stable, subject
to the following provisions:
(3)
A-3. Kennel. The keeping of more than 10 dogs, cats, ferret or other
animals customarily kept as household pets that are more than four
months old for breeding, training, selling or boarding for a fee is
permitted, provided that the following conditions are met.
(a)
Minimum lot size shall be two acres.
(b)
No animal shelter or runway shall be located closer than 300
feet to any residential building other than the owner's, or closer
than 100 feet to the property line.
(c)
The kennel shall be constructed so that the animals cannot stray
therefrom.
(d)
All animals must be kept indoors between 10:00 p.m. and 7:00
a.m.
(4)
A-4. Forestry. In order to conserve forested open space and the environmental
and economic benefits they provide, it is the policy of Barrett Township
to encourage the owners of forestland to continue to use their land
for forestry purposes, including the long-term production of timber,
recreation, wildlife, and amenity values. The timber harvesting regulations
are intended to further this policy by 1) promoting good forest stewardship;
2) protecting the rights of adjoining property owners; 3) minimizing
the potential for adverse environmental impacts; and 4) avoiding unreasonable
and unnecessary restrictions on the right to practice forestry.
(a)
General regulations. A zoning permit shall be required for all
forestry activities, however, an individual property owner need not
obtain a permit to cut a tree(s) as part of normal home maintenance
and upkeep, and the following activities are specifically exempted
from the permit requirement:
[1]
Removal of diseased or dead trees.
[2]
Removal of trees which are in such condition or physical position
as to constitute a danger to the structures or occupants of properties
or public rights-of-way.
[3]
Removal of trees in accordance with a land development plan
approved by the Township.
[4]
Christmas tree farming.
[5]
Orchard operations.
[6]
Removal of nursery stock.
(b)
CLEAR-CUTTING
FELLING
FORESTRY
LANDING
LANDOWNER
LITTER
LOP
OPERATOR
PRECOMMERCIAL TIMBER STAND IMPROVEMENT
SKIDDING
SLASH
STAND
STREAM
TIMBER HARVESTING, TREE HARVESTING, or LOGGING
TOP
WETLAND
Definitions. As used herein, the following terms shall have
the meanings given them in this section.
The removal and cutting of an entire timber stand.
The act of cutting a standing tree so that it falls to the
ground.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A place where logs, pulpwood, or firewood are assembled for
transportation to processing facilities.
An individual, partnership, company, firm, association, or
corporation that is in actual control of forest land, whether such
control is based on legal or equitable title, or any other interest
entitling the holder to sell or otherwise dispose of any or all of
the timber on such land in any manner, and any agents thereof acting
on their behalf, such as forestry consultants, who set up and administer
timber harvesting.
Discarded items not naturally occurring on the site such
as tires, oilcans, equipment parts, and other rubbish.
To cut tops and slash into smaller pieces to allow material
to settle close to the ground.
An individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractors,
and employees thereof.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand but which does not yield a net income to the landowner,
usually because any trees cut are of poor quality, too small or otherwise
of limited marketability or value.
Dragging trees on the ground from the stump to the landing
by any means.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
or shrubs.
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
Any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
bank.
That part of forestry involving cutting down trees and removing
logs from the forest for the primary purpose of sale or commercial
processing into wood products.
The upper portion of a felled tree that is not merchantable
because of small size, taper, or defect.
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas.
(c)
Permit; preparation of forestry/logging plan.
[1]
For all forestry operations, the landowner shall notify the
Township Zoning Officer at least 10 business days before the operation
commences and within five business days before the operation is complete.
The landowner whose land is to be harvested shall provide at least
14 days' written notice to all property owners within 500 feet of
the site of the harvest. No timber harvesting shall occur until the
notice has been provided. Notification shall be in writing and shall
specify the land on which harvesting will occur, the expected size
of the harvest area, and, as applicable, the anticipated starting
or completion date of the operation.
[2]
Every landowner on whose land timber harvesting is to occur
shall prepare a written logging plan in the form specified by this
chapter. No timber harvesting shall occur until the plan has been
prepared. The provisions of the plan shall be followed throughout
the operation. The plan shall be available at the harvest site at
all times during the operation and shall be provided to the Township
Zoning Officer upon request.
[3]
Responsibility for compliance. The landowner and the operator
shall be jointly and severally responsible for complying with the
terms of the logging plan.
(d)
Contents of the forestry/logging plan. As a minimum, the forestry/logging
plan shall include the following:
[1]
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails and landings;
[2]
Design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars;
[3]
Design, construction, and maintenance of stream and wetland
crossings;
[4]
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways;
[5]
A sketch map or drawing containing the site location and boundaries,
including both the boundaries of the property on which the timber
harvest will take place and the boundaries of the proposed harvest
area within that property; significant topographic features related
to potential environmental problems; location of all earth disturbance
activities such as roads, landings, and water control measures and
structures; location of all crossings of waters of the commonwealth;
and the general location of the proposed operation to municipal and
state highways, including any accesses to those highways; and
[6]
Compliance with the requirements of all applicable federal,
state and local regulations including, but not limited to, the best
management practices (BMPs) as set forth in 33 CFR 323.4(a)(6)(i-xv);
the erosion and sedimentation control regulations contained in Title
25 Pennsylvania Code Chapter 102 promulgated pursuant to the Clean
Streams Law (35 P.S. § 691.1 et seq.); and stream crossing
and wetlands protection regulations contained in Title 25 Pennsylvania
Code Chapter 105 promulgated pursuant to the Dam Safety and Encroachments
Act (32 P.S. § 693.1 et seq.). Any permits required by state
laws and regulations shall be attached to and become part of the logging
plan.
(e)
Forestry practices. The following requirements shall apply to
all forestry operations in the Township.
[1]
Felling or skidding on or across any public thoroughfare is
prohibited without the express written consent of the Township or
the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
[2]
No tops or slash shall be left within 25 feet of any public
thoroughfare or private roadway providing access to adjoining residential
property.
[3]
All tops and slash between 25 and 50 feet from a public roadway
or private roadway providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be lopped
to a maximum height of four feet above the ground.
[4]
No tops or slash shall be left on or across the boundary of
any property adjoining the operation without the consent of the owner
thereof.
[5]
Litter resulting from a timber harvesting operation shall be
removed from the site before it is vacated by the operator.
[6]
Any soil, stones and/or debris carried onto public roadways
must be removed immediately.
[7]
When the harvest is completed, both dirt roads used by the trucks
and skid roads used to drag the logs from the woods to the loading
area must be graded approximately to original contours, and be seeded
and mulched as necessary to establish stable ground cover.
[8]
Clear-cutting of woodlands as defined by this chapter shall
be prohibited.
(f)
Financial security shall be established in a manner acceptable
to the Township to guarantee repair of all damage that may occur to
public roads due to the forestry/logging operations, and to guarantee
compliance with erosion and sedimentation control plans, compliance
with stormwater management plans, and restoration of the site upon
completion of logging operations. Pursuant to 67 Pa. Code Chapter
189, the Township may also require the landowner or operator to furnish
a bond to guarantee the repair of such roads.
(g)
Enforcement.
[1]
Inspections. The Township Zoning Officer may go upon the site
of any timber harvesting operation before, during, or after active
logging to:
[2]
Violation notices; penalties. Upon finding that a timber harvesting
operation is in violation of any provision of this chapter, the Township
Zoning Officer shall issue the operator and the landowner a written
notice of violation describing each violation and specifying a date
by which corrective action must be taken. The Township Zoning Officer
may order the immediate suspension of any operation upon finding that
1) corrective action has not been taken by the date specified in a
notice of violation; 2) the operation is proceeding without a logging
plan; or 3) the operation is causing immediate harm to the environment.
Suspension orders shall be in writing, shall be issued to the operator
and the landowner, and shall remain in effect until, as determined
by the Township Zoning Officer, the operation is brought into compliance
with this chapter or other applicable statutes or regulations. The
landowner or the operator may appeal an order or decision of the Zoning
Officer within 30 days of issuance to the governing body of the Township.
Any landowner or operator who violates any provision of this chapter
shall be subject to a fine of not less than $100 nor more than $500,
plus costs for each separate offense. Each day of continued violation
of any provisions of this chapter shall constitute a separate offense.
B.
Residential uses.
(1)
B-1. Single-family detached dwelling. A single-family detached dwelling
shall include a single dwelling unit with a front, rear and two side
yards.
(2)
B-2. Twin dwelling (semidetached). A twin dwelling shall include
a building containing two attached dwelling units that share a common
wall at the lot line and that are on separate lots consisting of one
side yard.
(3)
B-3. Duplex dwelling. A duplex dwelling shall include a building
on a single lot containing two dwelling units, each of which is totally
separated from the other by an unpierced wall extending from ground
to roof or an unpierced ceiling and floor extending from exterior
wall to exterior wall, except for a common stairwell exterior to both
dwelling units.
(4)
B-4. Townhouse. A townhouse shall include a single-family attached
dwelling unit located on its own separate lot which is part of a structure
whose dwelling units are attached horizontally in a linear arrangement,
and having a totally exposed front and rear wall. A townhouse shall
be permitted provided the following conditions are met:
(a)
Dwellings shall be arranged in groups or clusters and not in
long rows parallel to street lines. An average of five dwelling units
in a row shall be permitted, with no more than eight dwelling units
in a group. The total length of the row shall not exceed 120 feet.
(b)
To create architectural interest in the layout and character
of housing fronting streets, variations in setbacks, materials and
design shall be encouraged. In any case, a minimum of two feet variation
in setback shall occur at least every third dwelling.
(c)
The distance between any two buildings shall not be less than
35 feet.
(5)
B-5. Multifamily dwelling. A multifamily dwelling shall include a
dwelling or group of dwellings on one lot, containing separate living
units for three or more families. This use does not include group
homes, dormitories, assisted-living units or nursing homes.
(6)
B-6. Single-family detached cluster (conservation design). A single-family detached cluster use shall be limited to single-family detached dwellings on individual lots and shall comply with the requirements of Article XII, Conservation Design Overlay District.
(7)
B-7. Residential conversion. Such use shall be limited to the conversion
of an existing dwelling into more than one dwelling unit or the conversion
of an accessory building into no more than one dwelling unit, provided
that:
(a)
Each dwelling unit shall not have less than 750 square feet
of floor area.
(b)
The lot area per family shall not be reduced thereby to an amount
less than 75% of that required by this chapter for the district in
which the designated lot is located.
(c)
There shall be no external alteration of the building area except
as may be necessary for reasons of safety. Fire escapes and outside
stairways shall, where practical, be located to the rear of the building.
(8)
B-8. Mobile home park. A mobile home park shall include a parcel
or contiguous parcels of land which has been so designated and improved
that it contains two or more mobile home lots for the placement thereon
of mobile homes.
(a)
A minimum lot area of 20 acres is required.
(b)
All interior roadways shall have a right-of-way width of at
least 30 feet and a paved cartway width of at least 20 feet.
(c)
Each mobile home lot shall be no less than 7,500 square feet.
(d)
A buffer strip of at least 100 feet shall be maintained from
any mobile home lot and any exterior property lines or public roads.
(e)
An enclosure of compatible design and material shall be erected
around the entire base of each mobile home. Such enclosure shall provide
sufficient ventilation to inhibit decay and deterioration of the structure.
The hitch which is employed for the normal movement of the unit shall
be removed.
(f)
No mobile home shall be erected on a mobile home lot except
upon a mobile home pad. Each mobile home unit shall have its own separate
pad. Each mobile home pad shall be at least equal in length and width
to the dimensions of the mobile home to be placed thereon. The pad,
at least six inches in thickness, shall be constructed from concrete,
asphalt concrete, or other material adequate to support the mobile
home and prevent abnormal settling or heaving under weight of the
home. In order to prevent wind overturn and rocking, the corners of
the mobile home shall be secured with at least six tie-downs, such
as concrete "dead men," screw augers, arrowhead anchors, or other
devices suitable to withstand a tension of at least 2,800 pounds.
(9)
B-9. Group home. Such facilities shall be for the purpose of providing
temporary or permanent housing for persons who are unable to provide
a home for themselves, including the mentally or physically disabled.
(a)
The use shall include adequate supervision by persons trained
in the field the group home serves. An employee shall be on premises
24 hours a day.
(b)
If applicable, the use shall be licensed or certified under
an applicable federal, state or county program. A copy of any such
license or certification shall be filed with the Zoning Officer.
(c)
A group home shall be maintained and/or constructed with a clearly
residential appearance. There shall be no sign or other exterior indication
of a group home visible from the street.
(d)
A group home shall meet the required lot area, yard, and lot
width requirements for single-family detached dwellings in the applicable
zoning district in which it is located.
C.
Religious, educational, recreational and institutional uses.
(2)
C-2. School. A school shall include a private school, religious or
nonreligious, and a public school which is not conducted as a private,
gainful business and is licensed under the proper governmental authority,
provided:
(a)
The minimum lot area for elementary schools, junior high schools,
middle schools or high schools shall meet the minimum requirements
of the Pennsylvania State Board of Education.
(b)
Outdoor play areas shall be screened so as to protect adjacent
areas from inappropriate noise and other disturbances.
(c)
An outdoor athletic field, court or play area shall be located
no closer than 50 feet to any lot line or street line.
(e)
Parking areas shall not be located closer than 25 feet to any
lot line or street line.
(3)
C-3. Commercial school. Such use shall include trade, professional,
music or dancing schools, operated as a commercial business.
(4)
C-4. Library or museum. Such use shall include a library or museum
open to the public or connected with a permitted educational use and
operated by a public or quasi-public institution.
(5)
C-5. Recreational facility. Such use shall include a public park,
nature preserve or outdoor recreation area, owned and operated by
the Township, county, state or federal government, subject to the
following:
(a)
No outdoor active recreational area shall be located closer
than 50 feet to any lot line, unless the adjacent property is preserved
open space or parkland.
(b)
A planted buffer 30 feet in width, and in accordance with § 525-43 of this chapter, shall be provided where the use abuts existing residences or where properties that adjoin are zoned for residential use and are not preserved open space or parkland.
(c)
A minimum lot area of one acre is required.
(d)
This use shall not include a shooting range or target or gun
club.
(6)
C-6. Athletic facility. Such use shall include a recreational facility
owned or operated by a nongovernmental agency, including fitness clubs
or athletic training centers, dance or gymnastics studios, tennis,
racquetball or squash clubs, and facilities related thereto, provided:
(a)
A minimum lot size of one acre is required.
(b)
This use shall not permit amusement parks, wild animal parks,
zoos, shooting range or target or gun club, or any other activity
specifically listed by this chapter as commercial recreation and entertainment
or recreational facility.
(c)
No outdoor active recreational area shall be located closer
than 50 feet to any lot line.
(7)
C-7. Golf course. A golf course may include a golf course, a clubhouse,
restaurant and other accessory uses, provided that these are clearly
accessory to the golf course, and is subject to the following provisions:
(8)
C-8. Private club or community center. A building and related facilities
used for fraternal, educational, social, cultural or recreational
activities, owned or operated by a corporation, association or group
of individuals, or by an educational, philanthropic, governmental
or religious institution.
(9)
C-9. Child-care facility. Such use shall include a family day care,
home, a group day care, home, or a day-care center.
(a)
The facility shall meet all applicable design, site and area
standards of the Pennsylvania Department of Human Services, Day-Care
Division.
(b)
Outdoor play areas shall only be permitted in the rear and/or
side yard of the property.
(c)
Each outdoor play area shall be completely surrounded by a fence
which is at least four feet in height and which does not allow access
to or from the premises by a child.
(11)
C-11. Nursing home and/or assisted-living facility.
(a)
A minimum of 15% of the lot shall be suitable and developed
for passive recreation. This area shall include outdoor sitting areas
and pedestrian walkways.
(12)
C-12. Cemetery. A cemetery shall include a burial place or graveyard,
including a mausoleum, crematory, or columbarium, provided:
(a)
Cemetery area and bulk regulations.
[1]
The minimum lot size shall be 10 acres.
[2]
No more than 10% of the entire area, to a maximum of one acre,
may be devoted to aboveground buildings not serving as burial markers
or memorials, such as business and administration offices, chapels,
maintenance facilities, greenhouses, workhouses, repair shops and
the like. This restriction includes parking facilities.
[3]
For all accessory buildings, the minimum yard requirements shall
be the same as for single-family detached dwellings in the zone in
which the cemetery is located.
[4]
A buffer strip of at least 20 feet shall be provided, in accordance with § 525-43 of this chapter, between building or burial sites and the cemetery property line.
[5]
One dwelling, to be used for custodial personnel, may be permitted.
(b)
Cemetery design standards.
[1]
The maximum height of buildings, including dwelling units where
permitted, shall be two stories or 35 feet.
[2]
For all entrance features, including gates, fountains, statuary,
identification signs and the like:
[a]
There shall be not more than two identification
signs at such entrance.
[b]
The main portion of entrance features shall be
located no closer to the nearest right-of-way line of any public street
than a distance equal to the building setback line required in the
district in which the cemetery is located.
[c]
No such entrance features shall exceed 12 feet
in height.
(c)
Such use may be an accessory use to any place of worship.
(13)
C-13. Municipal building or use. Such use shall be limited to
a municipal or governmental administration building, municipal police
station, courthouse, Magisterial District Judge office, road maintenance
facility and such other uses as would customarily be associated with
the operations of government, except such use shall not be deemed
to encompass a landfill, incinerator or other waste disposal facility.
(14)
C-14. Detention facility. Such use shall be limited to facilities
owned and operated by any governmental entity and shall be limited
to the following:
(a)
A juvenile detention facility as described and regulated in
42 Pa.C.S.A. § 6327.
(b)
A rehabilitation center providing for minimum security detention
of prisoners for work release or partial confinement. Such rehabilitation
center shall not include facilities for the total confinement of prisoners
who have been sentenced or who are awaiting trial.
(c)
A penitentiary, correctional institution or prison.
(15)
C-15. Shooting range, indoor.
[Added 9-28-2022 by Ord.
No. 202]
(a)
The owner and/ or operator must design and operate the facility in
compliance with all applicable national and state indoor firearms
safety guidelines and regulations.
(b)
All ammunition storage must be in a secured area, with general access
by the public prohibited.
(c)
Only one person (not including a range safety officer or instructor)
may utilize each shooting station at a time.
(16)
C-16. Shooting range, outdoor.
[Added 9-28-2022 by Ord.
No. 202]
(a)
All outdoor shooting ranges shall have a barrier behind the target
area which is of sufficient height and thickness to adequately protect
the public safety.
(b)
The design of the outdoor shooting range shall be in accordance with
current published guidelines of the National Rifle Association. The
Board of Supervisors may consider such guidelines to be the generally
accepted standard for the safety of these facilities.
(c)
The outdoor shooting range and any firing stations shall be located
a minimum of 250 yards from any residential lot line at least 150
yards from all other property lines and public use right-of-way lines.
Clay pigeon shooting shall be directed away from buildings and streets.
(d)
The perimeter of the outdoor shooting range shall be posted with
signs that state, "DANGER, SHOOTING RANGE, KEEP OUT," in a manner
and at intervals reasonably likely to come to the attention of any
persons approaching that perimeter.
(e)
The outdoor shooting range shall comply with applicable Township
noise regulations/limits.
(f)
The outdoor shooting range shall only be used for types of firearms
or other weapons for which it was specifically designed.
(g)
The outdoor range shall not be used from sunset to sunrise. Maximum
hours and days of operation may be established as a condition of the
zoning approval.
(h)
Minimum lot area for an outdoor shooting range is 10 acres, unless
a more restrictive provision is established by another provision of
this chapter.
(i)
Each shooter must have a designated station, and only one shooter
per station is permitted.
(j)
The single projectile shooting station shall have an overhang so
as to prevent the shooter from shooting over the horizon.
(k)
Any projectile must remain on the property of the outdoor shooting
range.
(l)
Wherever woods exist adjacent to an exterior lot line of a proposed
outdoor shooting range, such woods shall be preserved for a distance
extending at least 100 feet from each such lot line, except for approved
driveway, utility and trail crossings.
(m)
All ammunition storage must be in a secured area and general access
by the public is prohibited.
(n)
The owner and/ or operator must comply with all applicable national
and state firearms safety guidelines and regulations.
(o)
The owner and/ or operator must comply with the Environmental Protection
Agency' s manual for Best Management Practices for Lead at Outdoor
Shooting Ranges ( Publication EPA-902-B-01-001, Revised June 2005),
as this publication may be revised or amended from time to time.
D.
Office uses.
(1)
D-1. Office. A building for business, professional or governmental
offices, provided that:
(a)
Such use shall be carried on wholly indoors and within the principal
building.
(b)
No office building shall include a store, beauty shop or other
personal service shop.
(c)
Except in the Mixed Use - Village (MU-V) District, no structure
erected or renovated for office use shall include any dwelling unit
or units.
(2)
D-2. Medical office. Such use shall be limited to a building or buildings
for physicians or dentists or other medical professionals for examination
or treatment of persons as outpatients and laboratories incidental
thereto.
E.
Retail and consumer services uses.
(1)
E-1. Retail store. A retail store shall include a store selling apparel,
baked goods, books, confections, catering services, drugs, dry goods,
flowers, foodstuffs, furniture, gifts, hardware, household appliances,
jewelry, liquor, milk, notions, periodicals, shoes, stationery, tobacco,
toys, paint, records, cards, novelties, hobby and art supplies, music,
luggage, sporting goods, pets, floor covering, garden supplies, plants,
fabrics and beer and soft drinks or other retail goods, provided that:
(a)
Stores with a gross floor area in excess of 10,000 square feet
are not included. Retail stores in excess of 10,000 square feet must
meet the requirements of Use E-2, large retail store, and are permitted
only in districts where Use E-2 is permitted.
(b)
There shall be no sales of gasoline or motor vehicle fuel in
any retail store. The sale of gasoline or motor vehicle fuel shall
require the use to be classified as a service station, Use E-10, and
shall meet the requirements of that use and shall only be permitted
in zoning districts where the service station Use E-10 is permitted.
(c)
Gasoline sales or motor vehicle fuel sales shall not be permitted
as uses accessory to E-1 retail store uses.
(2)
E-2. Large retail store. A large retail store shall include a store
with greater than 10,000 square feet of floor area including, regardless
of size, any variety store, supermarket, department store, and discount
store.
(3)
E-3. Service business. A service business shall include such uses
as a barber, beautician, laundry and dry cleaning (whether or not
coin-operated), shoe repair, tailor, photographer, newspaper, printer
and travel agency.
(4)
E-4. Financial establishment. A financial establishment shall be
limited to a bank, savings and loan association, credit union or other
financial establishment, provided that if a drive-in window is provided,
a stacking area to accommodate at least four vehicles shall be provided
for each drive-in window.
(6)
E-6. Eating place, drive-in/through. Such use shall be limited to
cafeterias and eating establishments in which the principal business
is the sale of foods and/or beverages in a ready-to-consume state
for consumption either within the restaurant building or for carryout
with consumption off the premises, provided that:
(a)
There shall be only one point of ingress and only one point
of egress per collector or arterial street.
(b)
Where a drive-in window is proposed, a stacking lane shall be
provided to serve a minimum of four cars. The stacking lane shall
not be used for parking lot circulation aisles nor shall it in any
way conflict with through circulation or parking.
(c)
A pedestrian walkway shall be provided between an existing sidewalk
and the entrance to the restaurant. If there is no sidewalk, one shall
be provided along the street frontage.
(d)
All such restaurants shall provide a trash storage area which
shall be screened from the street and adjacent properties, in accordance
with this chapter, to prevent trash from blowing from the area and
to permit safe and easy removal of the trash.
(e)
Trash receptacles shall be provided outside the restaurant for
patron use.
(7)
E-7. Repair shop. A repair shop shall include any business for the
repair of appliances, lawn mowers, watches, guns, bicycles, locks
and small business machines (but not including automobile, vehicle
and motorcycle repairs).
(8)
E-8. Motel, hotel, and inn. Such use shall be limited to a building
or group of buildings containing rooms for rent for the accommodation
of transient guests, plus an eating place, provided that:
(a)
The minimum lot area shall be two acres.
(b)
Any retail or commercial use accessory to the hotel, motel or
inn use shall be subject to the following restrictions:
[1]
The accessory use shall be contained within the hotel, motel
or inn building(s), and any customer entrance to any place of business,
except for a banquet, convention or conference center associated with
the hotel, motel or inn, shall be from inside the building.
[2]
The accessory use, except for a banquet, convention or conference
center associated with the hotel, motel or inn, shall be principally
for customers of the hotel, motel or inn.
[3]
There shall be no display of merchandise or other manifestation
of commercial or retail use visible from the street or property line.
(9)
E-9. Commercial recreation and entertainment. An indoor or outdoor
entertainment or recreational facility operated as a commercial venture,
which may include a bowling alley, skating rink, movie theater, theater,
games arcade, recreational camps, driving range, chip and putt golf
or miniature golf.
(a)
No outdoor active recreation area shall be located nearer to
any lot line than 100 feet.
(b)
Outdoor play areas shall be sufficiently screened with a planted buffer 10 feet in width, in accordance with § 525-43 of this chapter.
(c)
This use does not include a shooting range or target or gun
club.
(10)
E-10. Service station. A service station shall be limited to
a building or group of buildings for the sale of petroleum products,
tires and automotive service, provided that:
(a)
A minimum lot width of not less than 200 feet shall be provided
along each street on which the lot abuts.
(b)
The minimum lot area shall be one acre.
(c)
All fuel tanks shall be placed underground.
(d)
All pumps, lifts and other service facilities shall be located
not closer than 35 feet to any lot or street line.
(e)
All lubricating, making of minor repairs or similar activities
shall be performed in an enclosed building.
(f)
Separate accessways shall be provided for the safe and convenient
egress and ingress of motor vehicles. No accessway shall exceed 35
feet in width nor be less than 15 feet in width.
(g)
All refuse shall be stored within a building or enclosed area.
(h)
Junk vehicles shall not be stored in the open at any time.
(i)
The sale or rental of automobiles, trucks, trailers or other
vehicles shall be limited and shall be clearly accessory to the principal
use of the property.
(j)
Convenience shopping shall be permitted as an accessory use
to the sale of petroleum products, provided that it shall be in lieu
of the sale of tires and automotive service.
(k)
Service stations designed to offer to the public self-service
facilities for dispensing of gasoline and other motor vehicle fuels
shall meet the following conditions:
[1]
At least one qualified attendant shall be on duty while the
station is open to the public, whose primary function shall be to
supervise, observe and control dispensing of flammable or combustible
liquids.
[2]
The attendants shall be situated so as to have a clear view
of the dispensing operations.
[3]
A voice communication system, such as but not limited to an
intercom system, shall be provided so as to allow direct voice communications
at all times between the person dispensing flammable or combustible
liquids and the attendant.
[4]
Emergency controls, including the main power shutoff, shall
be conspicuously posted in the immediate vicinity of the principal
control or the dispenser island.
[5]
Instructions for the operation of the dispensers shall be conspicuously
posted on either the dispenser or the dispenser island.
[6]
A list of emergency procedures and instructions shall be conspicuously
posted in the immediate vicinity of the principal control location
of the attendant.
[7]
Fire-extinguishing and flammable liquids dispensing equipment
shall be approved through National Standards testing.
[8]
At least one fire extinguisher shall be located within 25 feet
of each gasoline pump.
[9]
Warning signs shall be placed in a conspicuous place with each
sign indicating "Warning: a) It is unlawful to dispense gasoline into
any portable container unless the container is constructed of metal
or is approved by the Fire Marshal; b) No smoking; c) Stop motor."
(11)
E-11. Automotive sales. Automotive sales shall be limited to
the sale and lease of automobiles by a duly franchised new car, truck,
boat or motorcycle dealership; used car, truck, boat or motorcycle
sales; or car, truck, trailer, motorcycle and/or boat rentals; farm
machinery or travel campers, provided that:
(a)
Lighting. All outside lighting shall be directed in such a way
as not to create a nuisance to any adjacent property, and all lighting
shall be arranged and shielded so as to protect the street or highway
and adjoining property from direct glare or hazardous interference
of any kind.
(b)
All facilities shall be located and all services be conducted
within the confines of the lot.
(c)
All preparation, lubrication, repair or similar activities shall
be accessory.
(13)
E-13. Shopping center. A group of commercial, office, and related
establishments which is for planned, constructed, and managed as a
total entity, where parking spaces, stormwater management facilities,
access drives, lighting systems, and other improvements are shared
by three or more uses.
(a)
Such centers shall have a lot area of not less than three acres.
(b)
The shopping center shall be constructed in accordance with
an overall plan and designed with a single architectural style approved
by the Board of Supervisors.
(c)
All establishments in the shopping center must have vehicular
service access either from an individual service yard or from a common
service area serving several establishments. All such service areas
must be segregated from public areas and screened from public view.
(d)
Within a tract to be used for a shopping center, subdivision
of the tract into individual lots is not permitted.
(14)
E-14. Funeral home. Such use shall include a mortuary or funeral
home and shall not include a cemetery, columbarium, mausoleum or other
permanent storage facility.
(15)
E-15. Veterinary office or clinic. Such use shall be limited
to the office of veterinarian. If a kennel is part of the office or
clinic, the use shall meet the regulations of Use A-3, kennel.
(16)
E-16. Flea market. The outdoor sale of handicraft items, art,
flowers, household goods and antiques, provided that:
(a)
The minimum site area shall be two acres.
(b)
The minimum setback from all property lines and the street right-of-way
line shall be 50 feet.
(c)
Tables and other accessories to the flea market use shall be
stored within a completely enclosed building when the market is not
open or otherwise in operation.
(17)
E-17. Tavern or bar. Such use shall include an establishment
which serves alcoholic beverages for on-premises consumption and which
is licensed by the Pennsylvania Liquor Control Board.
(18)
E-18. Resort. Such use shall include a building or group of
buildings containing guest rooms, with a large portion of the site
devoted to recreational activities, such as golfing, swimming, skiing,
equestrian facilities, and similar activities, as well as dining and/or
catering facilities.
(a)
A minimum lot area of five acres is required.
(19)
E-19. Adult-oriented businesses.
(a)
It shall be unlawful to establish an adult bookstore, adult
motion-picture theater or cabaret in any residential zone.
(b)
It shall be unlawful to establish an adult bookstore, adult
motion-picture theater or cabaret within 3,000 feet of any existing
adult bookstore, adult motion-picture theater or cabaret.
(c)
It shall be unlawful to establish an adult bookstore, adult
motion-picture theater or cabaret within 3,000 feet of any school,
church, or residential zone, except as a conditional use in accordance
with the procedure hereinafter set forth. The Board of Supervisors
may authorize the establishment of an adult bookstore, adult motion-picture
theater or cabaret within 3,000 feet of a school, church or residential
zone as a conditional use only if the following findings are made:
[1]
That the proposed use will not adversely affect the safe and
comfortable enjoyment of properties in the neighborhood and will not
be detrimental to the general character of the area.
[2]
That the establishment of the proposed use in the area will
not be contrary to any program of neighborhood conservation and will
not interfere with any program or urban renewal.
(20)
E-20. Bed-and-breakfast. Such use shall include any building
used for accommodation of transient guests which is not a motel, hotel
or in subject to the following conditions and restrictions:
(a)
No more than two adults and two children may occupy one guest
room.
(b)
At least one bathroom shall be provided for each two guest rooms.
(c)
There shall be no separate kitchen or cooking facilities in
any guest room.
(d)
The maximum uninterrupted length of stay shall be 30 days.
(e)
The use of amenities provided by the proprietor (i.e., swimming
pool or tennis courts, etc.) and the serving of meals shall be restricted
to the guests of the establishment.
F.
All common carriers, public utilities and public service organizations.
(1)
F-1. Utility operating facility. Such use shall include a sewage
pumping station, electrical substation, telephone substation, sewage
treatment plant, and any public service or utility, not including
a public incinerator, public or private landfill, or a telecommunications
facility or tower, and provided that the following conditions are
met:
(a)
Such installation must be essential to serve the Township of
Barrett.
(b)
No zoning permit shall be required for public utilities to be
located in public streets or rights-of-way.
(c)
The following minimum setbacks from all property lines shall
be provided:
[1]
Water tower: setback not less than the height of the tower,
plus 100 feet.
[2]
Electrical substation: 50 feet.
[3]
Well facility: 100 feet.
[4]
Sewer pumping station: 50 feet.
[5]
Water treatment facility: 50 feet.
[6]
Water pump station: 20 feet.
[7]
Sewage treatment plant: 100 feet.
[8]
All other uses: 50 feet.
(d)
Minimum lot sizes shall be adequate to accommodate the above
setbacks, parking requirements and other building requirements.
(e)
No parking shall be permitted within the required setbacks.
(2)
F-2. Emergency services. Emergency services shall be limited to fire,
ambulance, rescue and other emergency services of a municipal or volunteer
nature.
(3)
F-3. Terminal. A terminal shall include a railway station, bus station,
airport, or heliport providing transportation services to the general
public.
(4)
F-4. Telecommunications facility. Such use shall include communications
towers, antennas and communications equipment buildings.
(a)
Building-mounted antennas shall not be located on any single-family
dwelling or two-family dwelling.
(b)
Building-mounted antennas shall not be permitted to exceed the
height limitations of the applicable zoning district in which it is
located by no more than 20 feet.
(c)
Directional or panel antennas shall not exceed five feet in
height and three feet in width.
(d)
Any applicant proposing an antenna to be mounted on a building
or other structure shall submit verified drawings from a Pennsylvania-registered
professional engineer certifying and attesting that the proposed installation
will not exceed the structural capacity of the building or other structure,
considering wind and other loads associated with the antenna location.
(e)
Any applicant proposing an antenna to be mounted on a building
or other structure shall submit detailed construction and elevation
drawings indicating how the antenna will be mounted on the structure
for review by the Township Engineer.
(f)
Any applicant proposing an antenna to be mounted on a building
or other structure shall submit credible evidence of agreements and/or
easements necessary to provide access to the building or structure
on which the antenna is to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
(g)
Antennas shall comply with all applicable standards established
by the Federal Communications Commission governing human exposure
to electromagnetic radiation.
(h)
Antennas shall not cause radio, TV or other wireless frequency
interference with other communications facilities.
(i)
A communications equipment building shall comply with the height
and yard requirements of the applicable zoning district for an accessory
structure.
(j)
The owner or operator of antennas shall be licensed by the Federal
Communications Commission to operate such antennas.
(k)
In addition to the information required elsewhere in this Chapter 525, Zoning, of the Township of Barrett and Chapter 450, Subdivision and Land Development, of the Township of Barrett, applications for communications towers shall include the following information and documentation.
[1]
A report from a qualified and licensed professional engineer
which:
[a]
Describes the communications tower height and design
including a cross section and elevation.
[b]
Documents the height above grade for all potential
mounting positions for co-located antennas and the minimum separation
distances between antennas.
[c]
Describes the communications tower's capacity,
including the number and type of antennas that it can accommodate.
[d]
Documents what steps the applicant will take to
avoid interference with established public safety telecommunications,
or other licensed telecommunications.
[e]
Includes an engineer's license/registration number
and seal.
[2]
A letter of intent committing the communications tower owner
and his, her or its successors to allow the shared use of the communications
tower if an additional user agrees in writing to meet reasonable terms
and conditions for shared use.
[3]
Before the issuance of a zoning/building permit, the following
supplemental information shall be submitted:
[4]
One copy of typical specifications for the proposed structures
and antenna, including description of design characteristics and materials.
[5]
A site plan, drawn to scale, showing property boundaries, power
location, communications tower height, guy wires and anchors, existing
structures, elevation drawings depicting typical design of proposed
structures, parking, fences, landscape plan, and existing land uses
on adjacent property.
[6]
Name and address of the owners of all antenna and equipment
to be located at the site as of the date of the application.
[7]
Written authorization from the site owner for the application,
as well as a copy of any written agreement or other documentation
pursuant to which the applicant has obtained the right to use the
proposed site.
[8]
Copy of valid FCC license for the proposed activity, or proof
that the applicant is the winning bidder for an FCC license at auction
and that the final issuance of the FCC license purchased at auction
is pending.
[9]
A written agreement to remove communications tower within 180
days of cessation of use, which written agreement shall be in form
acceptable to the Township.
[10]
Written certification by applicant and applicant's
engineer that the proposed antenna and equipment could not be placed
on a preexisting facility under the control of the applicant and function
under applicable regulatory and design requirements without unreasonable
modification.
[11]
A letter of intent committing the communications
tower owner and the common carrier(s) utilizing the communications
tower, and their respective heirs, personal representatives, successors
and assigns, to allow Barrett Township and any other governmental
agency to utilize the communications tower in the case of an emergency,
upon reasonable terms and conditions.
[12]
Any and all permits and/or approvals required
from any and all local, state and federal authorities shall be obtained
by the applicant and copies of such permits and/or approvals shall
be forwarded to the Township upon receipt. Failure to obtain all required
local, state and federal permits and/or approvals within six months
of the issuance of the zoning permit shall result in said zoning permit
becoming null and void with no further action on the part of the Township.
[13]
The applicant shall submit certification from
a Pennsylvania-registered professional engineer that the 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.
(l)
Additional standards for all communications towers erected,
constructed or located within Barrett Township which are classified
as a conditional use in the zoning district where proposed shall comply
with the following requirements:
[1]
A proposal for a new communications tower shall not be approved
unless the Board of Supervisors finds that the communications equipment
planned for the proposed tower cannot be accommodated on an existing
or approved communications tower, public utility tower, building or
other structure within Barrett Township, or within a one-mile search
radius of the proposed tower if such one-mile search radius would
include other municipalities, due to one or more of the following
reasons:
[a]
The planned equipment would exceed the structural
capacity of the existing or approved public utility tower, communications
tower, building or other structure, as documented by a qualified and
licensed professional engineer, and the existing or approved public
utility tower, communications tower, building or other structure cannot
be reinforced, modified or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
[b]
The planned equipment would cause interference
materially impacting the usability of other existing or planned equipment
at the public utility tower, communications tower, building or other
structure as documented by a qualified and licensed professional engineer
and the interference cannot be prevented at reasonable cost.
[c]
The existing or approved public utility tower,
communications tower, building or other structure within Barrett Township,
or within a one-mile search radius of the proposed site for the communications
tower if applicable, cannot accommodate the planned equipment at a
height necessary to function reasonably.
[d]
Addition of the planned communications equipment
would result in electromagnetic radiation from such existing or approved
public utility tower, communications tower, building or other structure
exceeding applicable standards established by the FCC governing exposure
to electromagnetic radiation.
[e]
After a bona fide, diligent attempt, a commercially
reasonable agreement could not be reached with the owners of such
other public utility tower, communications tower, building or other
structure.
[2]
The proposed communications tower in the specific location desired
must be necessary for the efficient operation and provision of the
wireless communications service to the neighborhood, area or region
for which it is proposed.
[3]
The design of the proposed communications tower and related
facilities and equipment shall conform to the general character of
the area and will not adversely affect the safe and comfortable enjoyment
of the properties owned by other property owners in the zoning district
in which it is located.
(m)
Design requirements.
[1]
Any proposed communications tower shall be designed, structurally,
electrically and in all respects, to accommodate both the applicants
antennas and comparable antennas for at least two additional users
if the communications tower is over 100 feet in height or for at least
one additional user if the communications tower is over 60 feet in
height. Communications towers must be designed to allow for future
rearrangement of antennas upon the tower and to accept antennas mounted
at varying heights.
[2]
Communications towers and antennas shall be designed to blend
in to the surrounding environment through the use of color and camouflaging
architectural treatment, except in instances where the color is dictated
by federal or state authorities such as the FAA.
[3]
Communications towers shall not be illuminated by artificial
means and shall not display strobe lights unless such lighting is
specifically required by the FAA or other federal or state authority
for a particular tower. Any other exterior lighting at the tower site
shall be directed away from all adjacent properties.
[4]
All communications equipment buildings and structures accessory
to a communications tower shall be architecturally designed to blend
with the surrounding environment and shall meet the minimum yard requirements
of the underlying zoning district. Ground-mounted equipment shall
be screened from view by suitable vegetation, except where a design
of nonvegetative screening better reflects the character of the neighborhood.
[5]
The use of any portion of a communications tower for signs other
than warning or equipment signs is prohibited.
[6]
Access shall be provided to the communications tower and 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.
[7]
Drainage faculties shall be provided in accordance with stormwater
management regulations.
[8]
All communications towers shall be surrounded by a twelve-foot-high
nonclimbable fence with barbed wire extending in an outward direction
around the top of said fence.
[9]
Adequate off-street parking, but no less than one space, shall
be provided to accommodate the needs of the tower and the equipment
building. Off-street parking shall be paved with a crushed stone surface
at a minimum.
[10]
Subdivision and/or land development approval,
as applicable, shall be required for all proposed communications towers.
[11]
All guy wires associated with any communications
tower shall be clearly marked so as to be visible at all times and
shall be located within a fenced enclosure.
(n)
Interference with public safety.
[1]
No new or existing telecommunications service shall interfere
with public safety telecommunications. All applications for new antennas
and/or communications towers shall be accompanied by an intermodulation
study which provides a technical evaluation of existing and proposed
transmissions and indicates all potential interference problems. Before
the introduction of new service, changes in existing service, or additions
of new antennas, telecommunications providers shall notify Barrett
Township at least 10 calendar days in advance of such changes and
allow the Township to monitor interference levels during the testing
process.
[2]
Wireless communication facilities shall be maintained and kept
in a state of repair so that the same shall not constitute a nuisance
or hazard to the health or safety of the community or nearby residents
or properties.
(o)
Abandoned or unused communications towers or portions of communications
towers shall be removed as follows:
[1]
All abandoned or unused communications towers and associated
facilities shall be removed within 180 days of the cessation of operations.
A copy of the relevant portions of any signed lease, license or other
agreement which require the applicant to remove the communications
tower and associated facilities upon cessation of operations at the
site shall be submitted at the time of application. In the event that
a communications tower is not removed within 180 days of the cessation
of operations at the site, the communications tower and associated
facilities may be removed by the Township and the cost of removal
assessed against both the applicant and the owner of the property
on which the tower and associated facilities exist.
[2]
Unused portions of the communications towers above the manufactured
connection shall be removed within 180 days of the time of antenna
relocations. The replacement portions of a communications tower previously
removed requires issuance of a new zoning permit.
(p)
The setback of the base of a communications tower from all adjacent
properties and/or lot lines shall be a distance equal to 100% of the
antenna height, or the yard requirements for the underlying district,
whichever is greater, unless an applicant first secures a fall zone
easement in a form acceptable to the Township Solicitor from the owner(s)
of all affected properties adjoining the subject property on which
the tower is proposed, which fall zone easement encompasses an area
on any adjoining property within an area formed by extending a line
from the base of the tower onto the adjoining property equal to 100%
of the antenna height, and, further, that no dwelling shall be located
on the adjoining property within the area of such fall zone easement.
For purposes of this section, even when a fall zone easement is obtained,
the minimum yard requirements for the underlying zoning district shall
still apply.
(q)
The minimum lot area requirement for a communications tower
use shall be in accordance with the yard requirements for the underlying
zoning district, or the minimum area necessary to comply with the
yard requirements stated above, whichever is greater.
(r)
The maximum antenna height shall not exceed 200 feet in any
zoning district.
(5)
F-5. Governmental telecommunications facilities. Such use shall include communications towers, antennas and communications equipment buildings wholly owned and operated by a federal, state, or local governmental entity for a public purpose. This use shall be permitted in the zoning districts as set forth in this chapter, as amended. Further, this use shall be subject to the requirements set for in § 525-23F(4)(a) through (k) and (m) through (r).
[Added 11-9-2016 by Ord.
No. 190]
G.
Industrial uses.
(1)
G-1. Manufacturing. Manufacturing uses shall include but not be limited
to the production, processing, cleaning and testing of materials,
goods, foodstuffs and products from the following previously processed
and prepared materials: bone, ceramics, cork, feathers, felt, fur,
glass, hair, horn, leather, metal, paper, plaster, plastics, precious
and semiprecious stones, rubber, shells, textiles and tobacco. Manufacturing
may also include the manufacture of electrical appliances and supplies,
small or hand tools, hardware, toys, jewelry, clocks and watches,
musical, professional and scientific instruments, optical goods, machinery
and machine tools, electrical equipment, motors, iron and steel products,
including fabrication and assembly, or other similar uses.
(2)
G-2. Research. Scientific or industrial research, testing or experimental
laboratory or similar establishment for research or product development,
provided that:
(3)
G-3. Mini warehouse, mini storage. Such use shall be limited to the
storage of items, limited to personal property generally stored in
residential structures, within a warehouse structure or mini warehouse
structure, provided that:
(a)
The use shall be enclosed with a fence. Between the fence and
the perimeter of the property there shall be a landscaped buffer.
(b)
The minimum driveway width between buildings shall be 20 feet.
(c)
No business activity other than leasing of storage units shall
be permitted.
(d)
All storage shall be within enclosed buildings.
(e)
Explosive, radioactive or highly flammable materials shall be
prohibited.
(4)
G-4. Printing. Such use shall be limited to printing, publishing
and binding.
(5)
G-5. Contract services. Contract services shall be limited to offices
and supply shops such as building supplies, cement, electric, heating,
plumbing, masonry, painting, excavating, landscaping and roofing.
(6)
G-6. Trades. Such use shall be limited to a plumbing shop, carpentry
shop, electrical shop, cabinetmaking, furniture making and other similar
trades, provided that this use shall not include outside storage.
(7)
G-7. Fuel storage and distribution. Such use shall be limited to
fuel storage and distribution tanks and related buildings, provided
that:
(a)
No retail sales will be permitted on the premises.
(8)
G-8. Building materials sale. Such use shall be limited to a lumberyard
and the storage and sale of finished products used in building and
construction, such as concrete and metal pipes, provided that:
(a)
Millworking is permitted as an accessory use.
(b)
Storage yards shall be fully enclosed by fencing and a landscaped buffer at least 20 feet in width, in accordance with § 525-43 of this chapter.
(c)
The storage of flammable or toxic gases and liquids and the
production and mixing of asphalt and concrete is prohibited.
(9)
G-9. Equipment storage yards. Such use shall be limited to the rental
and storage of construction equipment. No storage of junk vehicles
shall be permitted.
(a)
Storage yards shall be fully enclosed by fencing and a landscaped
buffer at least 20 feet in width.
(11)
G-11. Food processing. This use shall be limited to food processing,
packing, canning of meat, fish, dairy and other food products as well
as the manufacture and packaging of nonalcoholic beverages.
(12)
G-12. Recycling facility. Such use shall be limited to an area
of land, with or without buildings, that is used for the storage of
used or discarded materials, administered by the municipality for
the purpose of recycling, including but not limited to wastepaper,
metal and glass, provided that:
(a)
The proposed use of an area shall not be detrimental to adjacent
land uses.
(b)
Such use shall be a minimum of 200 feet from any public road
as measured from the street line.
(c)
The land area used for such purposes shall be hidden from public
view by an evergreen buffer so that it is not visible from neighboring
streets, residences or other structures.
(d)
There shall be no compacting of automobiles and no storage of
auto chassis from which usable parts have been removed.
(e)
The storage of paper shall be within a building.
(f)
The storage of toxic chemicals shall be prohibited.
(g)
Dumping of trash or landfill operations and burning of any materials
shall specifically be prohibited.
(h)
Any such uses shall be sealed from groundwater contamination.
(i)
Such use shall not include individual recycling bins located
on a property.
(13)
G-13. Mineral extraction. Such use shall include extractive
operations for sand, clay, shale, gravel, topsoil, stone, and similar
operations, including borrow pits (excavations for removing material
for filling operations), subject to the following provisions:
(a)
The activities and residual effects shall not create conditions
hazardous or otherwise adverse to the value and use of adjacent properties
or the well-being of the surrounding area and its residents.
(b)
The site shall be reclaimed to a nonhazardous state permitting
some reasonable future use and so that the extracting activities and
resulting condition of the site will not result in environmental degradation
of the surrounding area.
(c)
All activities of these land uses shall be effectively screened
from adjacent properties and set back from adjacent properties by
a minimum distance of 50 feet and from residential structures by a
minimum distance of 100 feet or such greater distance as may be required
by site conditions to protect adjacent properties as determined necessary
by the Board of Supervisors.
(d)
Unique or environmentally significant natural features and significant
historic or architectural structures and sites shall be protected
from disruption or adverse effects from quarrying and/or mining activities.
(e)
A copy of all information submitted to the state agencies shall
also be submitted to the Zoning Officer at the same time.
(f)
A detailed and appropriate land reclamation and reuse plan of
the area to be excavated shall be submitted to the Zoning Officer.
Compliance with such plan shall be a condition of Township permits.
(14)
G-14. Laundry, dry-cleaning or dyeing plant. A commercial plant
for laundry, dry cleaning or dyeing.
(15)
G-15. Warehouse. Wholesale business, wholesale storage or warehousing,
excluding retail sales except as provided for below. A small retail
store may be operated in conjunction with Use G-15, subject to the
following conditions:
(a)
The retail store shall be an accessory use which is clearly
incidental and subordinate to the primary Use G-15;
(b)
The retail store may only sell those items stored at the property
in accordance with Use G-15; and
(c)
The retail store may not exceed 15% of the gross floor area
or 1,000 square feet, whichever is less.
(16)
G-16. Junkyard. Such use shall be limited to an area of land,
with or without buildings, that is used for the storage of used or
discarded materials, including but not limited to wastepaper, rags,
metal, building materials, house furnishings, machinery, vehicles
and parts thereof, provided that:
(a)
The proposed use of an area shall not be detrimental to adjacent
land uses.
(b)
Such use shall be a minimum of 200 feet from any public road
as measured from the right-of-way.
(c)
Such uses shall be entirely enclosed by a solid fence or wall
at least six feet high and constructed of plank boards, brick, cinder
block or concrete, with access only through solid gates. Such fence
or wall shall be kept in good repair and neatly painted in uniform
color.
(d)
A dense evergreen buffer, in accordance with § 525-43 of this chapter, shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers.
(e)
The contents of such use shall not be placed or deposited to
a height greater than the height of the fence or wall herein prescribed.
(f)
The storage of paper shall be within a building.
(g)
The storage of toxic chemicals shall be prohibited.
(h)
Dumping of trash or landfill operations and burning of any materials
shall specifically be prohibited.
(i)
All such uses shall be sealed from groundwater contamination
and shall provide groundwater monitoring wells.
(17)
G-17. This section is intended to provide for any lawful use
which is required to be permitted by the Pennsylvania Municipalities
Planning Code[1] and which is not otherwise permitted in other use categories described in this section. Lawful use not otherwise permitted shall be subject to the following regulations in addition to the regulations found in Article XIII hereof:
(a)
The use must comply with the open space, impervious surface,
area, lot area, and dimensional requirements of the district in which
the use is proposed.
(b)
The applicant must demonstrate that the use proposed will comply
with all permit requirements of the Pennsylvania Department of Environmental
Protection or any other commonwealth or federal government agency
which regulates such use.
(c)
A buffer area shall be established in accordance with the conditions
imposed upon the granting of conditional use approval, which is sufficient
to adequately screen the lawful permitted use from other uses in the
vicinity. The buffer area shall be of sufficient width to protect
the surrounding area from the objectionable effects of the proposed
use, including, but not limited to noise, dust, vibration, odor, illumination,
visual effects and the like.
(d)
In addition, conditional use approval will only be granted by
the Board of Supervisors after it has determined that the granting
of such will not result in additional threats to public safety or
extraordinary public expense, create nuisances, cause fraud or victimization
of the public or conflict with local laws or ordinances.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Accessory uses.
(1)
H-1. Home occupation. Such use shall include 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
some customer, client or patient traffic, whether vehicular or pedestrian,
pickup, meeting location, delivery or removal functions to or from
the premises in excess of those normally associated with a residential
use. The business or commercial activity must satisfy the following
requirements:
(a)
The home occupation shall be operated in its entirety within
a single dwelling unit, or in a building or other structure accessory
to a dwelling unit and only by the person or persons maintaining a
dwelling therein and not more than two additional persons shall be
employed in the home occupation.
(b)
The home occupation shall not display or create outside the
building any evidence of the home occupation except for permitted
signs.
(c)
The home occupation shall not utilize more than 50% of the gross
floor area of the dwelling unit.
(2)
H-2. No-impact home-based business. Such use shall include a business
or commercial activity administered or conducted as an accessory use
which is clearly secondary to the use as a residential dwelling and
which involves no customer, client or patient traffic, whether vehicular
or pedestrian, pickup, delivery or removal functions to or from the
premises in excess of those normally associated with residential use.
The business or commercial activity must satisfy the following requirements:
(a)
The no-impact home-based business shall be accessory to a residence
and carried on wholly indoors and within a dwelling or other structure
accessory thereto and shall be clearly incidental and subordinate
to its use for residential purposes by its occupants.
(b)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses and shall meet
the minimum and maximum area, height and dimensional requirements
of the district in which the use is located.
(c)
There shall be no use of show windows, display or advertising
visible outside the premises.
(d)
There shall be no exterior storage or building material.
(e)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(f)
There shall be no display or sale of retail goods and no stockpiling,
storage or inventory of products of a substantial nature.
(g)
There shall be no commodities sold or services rendered that
require receipt or delivery of merchandise, goods or equipment by
other than passenger motor vehicle or by parcel or letter carrier
mail service using vehicles typically employed in residential deliveries.
(h)
The no-impact home-based business shall be carried on only by
inhabitants of the dwelling.
(i)
The floor area devoted to a no-impact home-based business shall
not occupy more than 25% of the ground floor of the principal residential
structure or 500 square feet, whichever is less.
(j)
No equipment or process shall be used in a no-impact home-based
business which creates discernible noise, vibration, glare, fumes,
odors or electrical interference at the property line, and no equipment
or process shall be used which creates visual or audible interference
in any radio or television receiver off the lot or causes fluctuations
in line voltage off the lot.
(k)
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.
(l)
The business may not involve any illegal activity.
(3)
H-3. Residential accessory structure. Such use shall include a residential
accessory structure or use, including but not limited to:
(a)
All driveways and on-lot parking spaces shall be at least 10
feet from any side or rear lot line for single-family detached dwellings.
(b)
Parking of not more than one commercial vehicle not exceeding
a one-ton loading capacity and with no more than two axles or four
wheels, whichever is less, including any construction or landscaping
vehicles and trailers used for their transportation (i.e., front-end
loaders, cranes, cement mixers, riding lawn mowers, etc.) shall be
permitted only within a completely enclosed building and only as an
accessory to a single-family detached dwelling and shall only be for
the use of the inhabitants of the subject residence.
(c)
Structures, such as fences and walls, that are man-made structures,
erected to enclose or screen areas of land are permitted, subject
to the property owner and/or applicant applying for and receiving
a zoning permit from the Township and subject to the following restrictions:
[1]
Fences and walls in any portion of the front yard, as defined
by this chapter, shall not exceed six feet in height. Height shall
be measured from the mean ground level surrounding the fence or wall
to the highest point of the fence or wall.
[2]
Fences and walls in side and rear yards shall not exceed eight
feet in height.
[3]
No fences or walls may be constructed in the clear site triangle
or in any portion of a street right-of-way or in a public easement
or in any portion of any public or private easement where the easement
agreement prohibits fences or walls.
[4]
Notwithstanding anything to the contrary contained in this subsection,
fences or walls surrounding tennis courts may be not more than 10
feet in height, but tennis courts may not be located in any portion
of the required front yard as defined by this chapter.
[5]
These regulations shall not apply to the following:
(d)
Structures such as storage sheds, bathhouses and private greenhouses,
provided that they do not exceed 20 feet in height and that they meet
the following requirements:
[1]
Structures with a floor area of 144 square feet or less shall
be no closer than seven feet to any property line.
[2]
Structures, other than detached garages, with a floor area of
more than 144 square feet shall meet the yard requirements for principal
buildings for the applicable zoning district.
[3]
Such structures shall be permitted accessory uses for single-family
detached dwellings only.
[4]
The impervious surface requirements of the district in which
the use is located must be met and shall be calculated, including
the accessory structures.
(e)
Detached garages which are accessory to residences are permitted
to be located no closer to a side or rear property line than 15 feet.
Such garages shall be located behind the principal building setback
line closest to the street on which the principal building fronts
and shall be set back from the street line a distance no less than
the actual setback of the principal building from the street line.
(f)
Tennis courts or sports courts. Tennis courts or sports courts
and any accessory construction associated with tennis courts or sports
courts, including but not limited to fencing and paving, shall be
no closer than 15 feet to any side or rear property line.
(4)
H-4. Accessory building. Such use shall include an accessory building
or structure, or uses customarily incidental to nonresidential uses,
except outside storage.
(5)
H-5. Outside storage. Such use shall be operated in areas where permitted,
provided that such operation shall be in accordance with the following
provisions and such other conditions as may be required by the Board
of Supervisors to protect the public health, safety, comfort, convenience
and general welfare, and especially with regard to abutting properties
and the occupants thereof:
(a)
No highly flammable or explosive liquids, solids, or gases shall
be stored in bulk above ground. Tanks or drums of fuel directly connected
with heating devices or appliances located on the same premises as
the tanks or drums of fuel are excluded from this provision.
(b)
All outside storage facilities shall be enclosed by a fence
or wall adequate to conceal such facilities and the contents thereof
from adjacent properties. Such walls and fences shall not be less
than 20 feet from all property lines which abut a residential district,
but in any other case shall not be less than 10 feet from any property
line and shall not be less than 25 feet from any public street. The
area between the fence and the property line shall be properly planted
and maintained at all times.
(c)
No materials or wastes, especially flammable, toxic or otherwise
dangerous chemicals, shall be deposited on any premises in such form
or manner that they may be transferred off such premises by flood
or other natural cause of force.
(d)
All materials or wastes which might cause fumes or dust or which
constitute a fore hazard or which may be edible by or otherwise attractive
to rodents or insects shall be stored outdoors only in closed containers.
(6)
H-6. Temporary structures and vehicles. Such use shall be limited
to a temporary structure, vehicle or use. A temporary permit may be
issued for structures or uses necessary during construction or other
special circumstances of a nonrecurring nature, such as fires, construction
or other causes of a similar nature, subject to the following additional
provisions:
(a)
The time period of the initial permit shall be six months. This
permit may be renewed for three-month time periods, not to exceed
a total time period of two years.
(b)
Temporary nonconforming structures or uses shall be subject
to authorization by the Zoning Officer or Board of Supervisors.
(c)
Such structure or use shall be removed completely within 30
days of the expiration of the permit without cost to the municipality.
(d)
The placement of all temporary structures shall be subject to
the approval of the Zoning Officer.
(7)
H-7. Swimming pool. A swimming pool shall be permitted as an accessory
to a residential use, provided that:
(a)
No person, owner or occupant of land shall install or maintain
a swimming pool or other artificial body of water capable of being
filled to a depth exceeding 12 inches at the deepest or lowest point
unless a permit is first obtained from the local enforcement officer
and the required plans and information are filed, together with required
permit fees. Wading pools exempt from the provisions of this chapter
are those temporary pools of a plastic, light metal, or other light-duty
materials which do not exceed a struck volume depth of 12 inches at
the deepest or lowest point, and, in addition, which are completely
emptied of water when not in use.
(b)
The setback for swimming pools and all their appurtenances,
including but not limited to decks, copings and filter equipment,
shall be at least 10 feet from the side and rear property lines. If
the side and rear yard setbacks for the lot size in the zoning district
in which the property is situated are less than 10 feet, then such
smaller setbacks shall apply. No swimming pools may be located in
the front yard.
(c)
Building permits are required prior to the construction, alteration,
remodeling, or additions to a swimming pool or other artificial water
areas not specifically exempt from this chapter.
(d)
No person, owner, or occupant of land shall install or maintain
a nonexempt wading pool as defined in this chapter unless a permit
is obtained from the local enforcement officer and written approval
obtained upon inspection and subject to the discretion of the inspection
officer, except as hereinafter provided.
(e)
Any pool or water area subject thereto shall be suitably designed,
located, and maintained so as not to become a nuisance or hazard either
to adjoining property owners or the public generally. All detachable
ladders shall be removed when the pool is not in use.
(f)
Outdoor lighting, if used, shall be installed in such a way
as to be shielded and not to reflect toward or into the interior of
adjacent residential properties.
(g)
All electrical work connected with the pool and all equipment
incidental thereto shall comply with all underwriters' regulations
and must be inspected and certified by an electrical underwriter's
inspection agency prior to the issuance of a certificate of compliance.
In no event may said pool be used prior to such approval.
(h)
If pools are connected to any water, sewer, or public utility
line, there must be installed a separate valve controlling such line,
both as to supply and drainage, and a permit must be obtained prior
to installation from the agency furnishing such utility service. A
minimum isolation distance of 25 feet shall be required between a
swimming pool and any sewage disposal system.
(i)
Approved filtration systems and circulators must be provided
for all pools except such exempt or nonexempt wading pools as are
emptied on a daily basis as hereinafter provided.
(j)
All pool installations shall conform to all applicable building
codes.
(k)
In no case shall water in the pool or pool area be permitted
to emit an offensive odor or create any unhealthy condition. Further,
it shall be a violation of this chapter to cause or allow drainage
onto adjoining land, public or private.
(l)
No pool shall be located under any electric power lines (including
service lines), and the pool must be located at least 10 feet (measured
horizontally) from such power lines.
(m)
No water shall be placed in the pool until a fence, as required
by this chapter, has been completed.
(n)
Fencing of pools shall be required as set forth in the 2015
International Pool and Spa Code Section 305.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)
H-8. Keeping of livestock. Livestock shall be permitted on any property
in accordance with the following regulations:
(b)
A minimum lot area of two acres shall be required.
(c)
The keeping of livestock shall be limited to no more than one
animal unit, as defined, on the first two acres of land, and one animal
unit per acre for each acre over two acres.
(d)
No more than two roosters shall be permitted for every 20 head
of poultry.
(e)
Stables, barns, runways or animal exercise pens shall be located
more than 50 feet from lot lines or road right-of-way lines.
(f)
Pasture areas shall not be located in the front yard areas.
(g)
All pastures for grazing animals shall be fenced with fencing
of sufficient height and type to contain animals on the property.
(h)
All nongrazing animals, poultry, and rabbits shall be kept in
defined enclosures or areas of a type to contain the animals on the
property.
(i)
Riding academies, livery or boarding stables, kennels, and the
raising of fur-bearing animals are not included in this provision.
(j)
The landowner shall be required to submit a manure management
plan or nutrient management plan to be reviewed and kept on file by
the Township.
(k)
The raising of any livestock and/or poultry must comply with
federal and state regulations for the storage and disposal of animal
waste.
(9)
H-9. Accessory apartment. Accessory apartment dwelling units shall
be permitted as an accessory use, provided the following conditions
are met:
(10)
H-10. Agricultural entertainment uses. The use of a farm for
seasonal festivals related to products grown on the farm, craft fairs
(including antique shows), municipally-sponsored events, hayrides
and horse shows.
(a)
All agricultural entertainment uses shall meet the requirements
for water supply, sewage disposal and restroom facilities of the Health
Department and any other agency with jurisdiction.
(b)
The agricultural entertainment use is permitted as an accessory
use only. If any of the conditions to which the agricultural principal
use is subject cease to be met, then the agricultural entertainment
use shall also cease.
(c)
No activity, event or structure used for an agricultural entertainment
use shall be located within 25 feet of a right-of-way line or residential
property line, except for parking areas which may be located within
10 feet of a right-of-way line or residential property line.
(d)
No agricultural entertainment use shall continue past 11:00
p.m. unless the owner of the property on which the agricultural entertainment
use is being held obtains conditional use approval to allow for event
hours beyond 11:00 p.m.
(f)
Off-street parking areas shall be provided in designated areas
to accommodate all attendees at any agricultural entertainment use.
(g)
A traffic control plan must be submitted to and approved by
the Pocono Mountain Regional Police Department prior to receiving
a permit for an agricultural entertainment use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(11)
H-11. Accessory contractor or trade. An accessory contractor
or trade use is limited to the use of a residential dwelling to support
a small-scale contracting or trades business whose major business
activities are conducted elsewhere. This use shall include, but is
not limited to, support for an electrician, a plumber, a carpenter,
a mason, a painter, a roofer, and similar occupations. There shall
be no on-site prefabrication of structures or components or subassembly
of components or materials.
(a)
There shall be no retail sales of materials or anything else
from the property.
(b)
An accessory contractor or trade use must be conducted in conjunction
with a residential dwelling that is the bona fide residence of the
principal practitioner or proprietor of the use. Proof of ownership
and residency shall be submitted to the municipality before commencing
the use and at regular intervals, as determined by the municipality,
to confirm ongoing residency.
(c)
The appearance of the residential structure shall not be altered,
nor shall the accessory contractor or trade use be conducted in a
manner which would cause the residential structure and exterior areas
to differ from the extant residential character by the use of colors,
materials, construction, lighting, show windows, or advertising visible
on the property to attract clients.
(d)
The total impervious coverage on any property used for this
Use H-11 shall not exceed the maximum impervious coverage for a single-family
detached dwelling use in the underlying zoning district in which the
property is located.
(e)
The property shall not be utilized for the storage of natural
or synthetic waste for future disposal. Burning or composting of waste
materials is not permitted.
(f)
Nothing in this subsection shall supersede any deed restriction,
covenant or agreement restricting the use of land, nor any master
deed, bylaw or other document applicable to a homeowners' association
or other common interest ownership community.
(12)
H-12. Accessory wind energy system. An energy conversion system,
including appurtenances, which converts wind to a usable form of energy
to meet all or part of the energy requirements of the on-site use.
Accessory wind energy systems shall not be used primarily for the
generation of power to sell to other users, although this provision
shall not prohibit the sale of excess power generated to the local
utility company. The following requirements shall apply to accessory
wind energy systems:
(a)
No wind energy system, or addition of a wind turbine to an existing
wind energy system shall be constructed or located within Barrett
Township unless a permit has been issued to the facility owner or
operator approving construction of the facility under this chapter.
(b)
There shall be a maximum of one device on a single parcel.
(c)
Any physical modification to an existing and permitted wind
energy system that materially alters the size, type and number of
wind turbines or other equipment shall require a permit modification
under this chapter. Like-kind replacements shall not require a permit
modification.
(d)
The design of the wind energy system shall conform and comply
with all manufacturer's specifications and any and all applicable
industry standards.
(f)
All wind energy systems shall be equipped with an over speed
control system in accordance with the manufacturer's specifications.
(g)
All electrical components of the wind energy system shall conform
to relevant and applicable local, state and national codes and relevant
and applicable international standards. The facility shall have an
output limit of 50 KW.
(h)
Wind turbines shall be a nonobtrusive color such as white, off-white
or gray.
(i)
Wind energy systems shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(j)
Wind turbines shall not display advertising, except for reasonable
identification of the turbine manufacturer, facility owner or operator.
(k)
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground and in accordance
with applicable IRC Codes.
(l)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(m)
Visible, reflective, colored objects such as flags, reflectors,
or tape shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
(n)
Wind turbines shall not be climbable up to 15 feet above ground
surface.
(o)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
(p)
All wind turbines shall be set back from the nearest property
line a distance of not less than the maximum yard requirements for
that zoning classification where the turbine is located or 1.1 times
the turbine height, whichever is greater. The setback distance shall
be measured to the center of the wind turbine base. In no case shall
a system be located within or above a front yard or within or above
the minimum required side and/or rear yards.
(q)
Minimum distance between the undisturbed ground at the base
of the device and any protruding blade shall be 15 feet, as measured
at the lowest point of arc of the blades.
(r)
When a building is necessary for storage cells or related mechanical
equipment, the building shall not exceed 150 square feet in area,
shall not exceed eight feet in height and must not be located in any
required front, side or rear yards.
(s)
Accessory wind energy systems attached to existing structures
shall not exceed a height of 20 feet above the height of the existing
structure that it is attached to, and shall be located on the existing
structure so that a minimum distance of 1.1 times the overall height
of the accessory wind energy system is maintained between the device
and any property line and/or existing street right-of-way.
(t)
Noise and shadow flicker.
[1]
Audible sounds from a wind energy system shall not exceed 50
dBA, as measured from the setback line (front, side or rear) of a
contiguous neighboring property. Methods for measuring and reporting
acoustic emissions from wind turbines and the wind energy system shall
be equal to or exceed the minimum standards for precision described
in AWEA Standard 2.1 - 1989 titled Procedures for the Measurement
and Reporting of Acoustic Emissions from Wind Turbine Generation Systems
Volume I: First Tier.
[2]
The facility owner and operator shall make reasonable efforts
to minimize shadow flicker to any occupied building on a nonparticipating
landowner's property.
(u)
Signal interference. The applicant shall make reasonable efforts
to avoid any disruption or loss of radio, television or similar signals
and shall mitigate any harm caused by the wind energy system.
(v)
Decommissioning.
[1]
The facility owner and operator shall, at its expense, complete
decommissioning of the wind energy system, or individual wind turbines,
within 12 months after the end of the useful life of the system or
individual wind turbines. The wind energy system or individual wind
turbines will presume to be at the end of its useful life if no electricity
is generated for a continuous period of 12 months.
[2]
Decommissioning shall include removal of wind turbines, buildings,
cabling and electrical components.
[3]
The Township Engineer shall review and approve a cost estimate
provided by the applicant, which cost estimate shall establish the
total cost of decommissioning (decommissioning costs) without regard
to salvage value of the equipment. Said estimates shall be submitted
to Barrett Township after the first year of operation and every fifth
year thereafter.
[4]
The facility owner or operator shall post and maintain a decommissioning
fund (escrow account) in an amount equal to the net decommissioning
cost with the Township. Decommissioning funds may be in the form of
a performance bond, surety bond, letter of credit, corporate guarantee
or other form of financial assurance as may be acceptable to Barrett
Township.
[5]
If the facility owner or operator fails to complete decommissioning
as set forth herein, then the landowner shall have six months to remove
the wind energy system.
[6]
If neither the facility owner or operator nor the landowner
complete decommissioning within the periods prescribed, then Barrett
Township may take such measures as necessary to complete decommissioning.
The Township is authorized to use the decommissioning funds held in
escrow by the Township to complete the decommissioning process.
[7]
The escrow agent shall release the decommissioning funds when
the facility owner or operator has demonstrated and the municipality
concurs that decommissioning has been satisfactorily completed, or
upon written approval of the municipality in order to implement the
decommissioning plan.
(13)
H-13. Accessory solar energy system. Solar energy systems include
any solar collector or other solar energy device, or any structural
design feature whose primary purpose is to provide for the collection,
storage, and distribution of solar energy for space heating or cooling,
for water heating or for electricity generation that may be mounted
on a building or on the ground and is not the primary use of the property.
Solar energy systems may include solar panels which, for purposes
of this section, are structures containing one or more receptive cells,
the purpose of which is to convert solar energy into usable electrical
energy by way of a solar energy system. Solar energy systems may be
installed as ground arrays or roof mounted. The following requirements
shall apply, as applicable, to solar energy systems:
(a)
The solar energy system shall conform to the area and dimensional
regulations of the zoning district in which the solar energy system
is installed.
(b)
All components of the system shall be considered impervious
and considered as such in the calculation of the maximum impervious
coverage. Impervious coverage for solar panels/collectors shall be
measured when oriented at the absolute maximum horizontal plane.
(c)
No adjacent property owner shall be required to remove or cut
any plant, bush, crop, or tree nor shall any solar energy system be
located so that any reflection is directed toward an adjoining property.
(d)
Ground-mounted systems shall not be permitted in a front yard.
(e)
A ground-mounted system may not exceed a height of 15 feet above
the ground when oriented at maximum tilt.
(f)
Permitted roof-mounted solar panels shall not exceed a height
of three feet from the rooftop at any point; shall not project vertically
above the peak of a sloped roof or project vertically more than five
feet above a flat roof installation; and shall not exceed the maximum
height requirements for the district in which it is located.
(g)
The collector surface and mounting devices for roof-mounted
accessory solar energy systems shall not extend beyond the exterior
perimeter of the building on which the system is mounted or built.
Exterior piping for solar hot water systems shall be permitted to
extend beyond the perimeter of the building on side and/or rear yard
exposures only.
(h)
The installation of a solar energy system shall conform to the
extent applicable to the Pennsylvania Uniform Construction Code, as
amended,[4] regulations, if any, adopted by the Pennsylvania Department
of Labor and Industry, and to applicable industry standards, including
those of the American National Standards Institute. Manufacturer's
data and certificates of design compliance shall be submitted with
the zoning permit and plans.
[4]
Editor's Note: See 34 Pa. Code Chapters 401 through 405.
(i)
All wiring shall comply with the applicable version of the National
Electric Code (NEC). The local utility provider shall be contacted
by the owner to determine grid interconnection and net metering policies.
(j)
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
the property line.
(k)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening, and landscaping
that will blend the facility into the natural setting and existing
environment.
(l)
Mechanical equipment associated with and necessary for the operation
of the solar energy system shall be screened from any adjacent property
that is residentially zoned or used for residential purposes. The
screen shall consist of shrubbery, trees, or other plant materials
that provide a visual screen.
(m)
All solar energy system operators/owners must comply with any
and all federal, state, and local regulations pertaining to solar
energy and its collection for personal use.
(n)
If any of the requirements herein conflict with federal and/or
state requirements, then the federal and/or state requirements shall
govern unless the requirements of this chapter are more stringent,
in which case this chapter shall govern.
(14)
H-14. Dormitory. Such use shall include a building or structure
used for occupancy by groups of people on a weekly or longer basis.
