The provisions of this article represent regulations and standards
which are common to all of the zoning districts contained in this
chapter. Unless exempted by applicable provisions or specified limitations,
the following standards shall apply to all uses and development whether
or not specific reference is made hereto in another article of this
chapter. In the event that the provisions of this article conflict
with other provisions of this chapter, the more restrictive provisions
shall apply.
A.
Reduction of lot area. No lot shall be reduced through subdivision
so that the area of the lot or the dimensions of the required yards
and open space shall be less than required in this chapter.
B.
Yard calculations. No yard or other space surrounding any building
or structure for the purpose of complying with this chapter shall
be considered as a yard or other space for another principal building
or structure.
C.
Projections into required yards. All required yard areas shall be
unobstructed except as follows:
(1)
An arbor, open trellis, flagpole, unroofed steps, terraces,
fences, and a driveway in the front, side and rear yards; energy system
components satellite dishes or other antennas in the rear yard only;
and accessory buildings or structures, including but not limited to
patios and decks in the side and rear yard only, providing such a
projection shall be no closer than the setback required for accessory
buildings or structures in the district in which the lot is located.
(2)
Roofed terraces, patios, canopies or awnings not included in
the area calculation of a building may project into any side or rear
yard a maximum of 15 feet, provided such a projection shall be no
closer than the setback required for accessory buildings or structures
in the district in which the lot is located.
D.
Corner and reverse-frontage lots.
(1)
Corner lots. A front yard as provided for in the lot area, bulk, and coverage requirements for the various districts shall be required on each street on which a corner lot abuts. Other yards shall be as defined for corner lot in Article II. Accessory buildings shall be located behind the setback lines of both streets.
(2)
Reverse-frontage lots. For reverse (double) frontage lots, the
minimum front yard setback shall be met along both streets. Accessory
buildings shall be located behind the setback lines of both streets.
E.
Flag lots. If a lot does not abut a street, the lot must be connected to a street by a fee simple right-of-way at least 50 feet in width, with 25 feet in width that is clear of obstructions for access by emergency vehicles, and with a cartway of not less than 16 feet in width, or the lot must be serviced by a common private driveway as defined by Chapter 138, Subdivision and Land Development. There shall be no more than three lots served by any such right-of-way or common private driveway.
F.
Height limitations. No radio, television, or dish residential antenna
can extend more than 10 feet above the peak of the roof of the principal
structure. No other building, structure, or mechanical penthouse shall
exceed the height limitations of this chapter, except for church steeples,
spires, belfries, cupolas, monuments, silos, observation towers, transmission
towers, water towers, chimneys, smoke stacks, flagpoles, masts, windmills,
solar panels, and other similar structures not devoted to human occupancy,
provided the minimum setback for each structure from any lot line
is a distance equal to or greater than the proposed height unless
otherwise provided for in this chapter. Exceptions to the height limitations
that are not freestanding should be designed as part of the principal
structure as fully as practical.
A.
General standards.
(1)
Off-street parking spaces with proper and safe access from street
or aisle shall be provided on each lot, either within a structure
or in the open to serve the uses within the district adequately.
(2)
Buildings, vehicular circulation and open space shall be arranged
so that pedestrians moving between buildings and parking areas are
not unnecessarily exposed to vehicular traffic.
(3)
The proposal of any off-street parking in conjunction with a subdivision or land development shall be in accordance with this chapter as well as Chapter 138, Subdivision and Land Development.
(4)
A change in any off-street parking strictly based on a change
of use shall be in accordance with this chapter.
B.
Location.
(1)
All parking spaces must be located on the same lot as the use
to be served unless otherwise authorized by the Board of Supervisors,
subject to the following conditions:
(a)
The owners of two or more nonresidential establishments proposing
to share parking spaces shall submit a sketched drawing with their
application for a zoning permit, or a site plan with a preliminary
or final plan application in the case of a subdivision or land development,
showing the location of the proposed common off-street parking area,
along with a signed agreement stating agreement of joint use (such
as hours of operation) and maintenance responsibilities.
(b)
Some portion of a common off-street parking area shall lie within
200 feet of an entrance, regularly used by patrons, into the buildings
served thereby.
(2)
In no case shall any portion of a public or private street be
utilized in complying with the parking requirements of this section.
(3)
Parking spaces for nonresidential uses shall not be located
in the front yard setback areas.
(4)
For multifamily residential developments, the parking spaces
shall be within 100 feet of the dwelling they serve.
C.
Size. The following schedule (Figure 19-1) of parking space and layout
standards shall apply to all parking facilities in accordance with
this section:
 |
|
A. Angle
|
B. Stall Length
(feet)
|
C. Aisle
(feet)
|
D. Stall Width
(feet)
|
E. Total Width
(feet)
|
|---|---|---|---|---|
|
90°
|
20
|
24
|
9.5
|
64
|
|
60°
|
21
|
18
|
9
|
60
|
|
45°
|
20
|
15
|
9
|
55
|
|
30°
|
17
|
12
|
9
|
46
|
|
Note: Parallel parking spaces shall be at least 24 feet in length
and eight feet in width.
|
D.
Design.
(1)
Parking facilities shall be designed with careful regard to
orderly arrangement, topography, landscaping, ease of access, and
shall be developed as an integral part of an overall site design.
(2)
Parking spaces for over 20 vehicles shall be so divided by permanent
raised curbing that access lanes are clearly defined, and that moving
traffic will be confined to designated access lanes.
(3)
All parking spaces shall be marked by durable painted lines
at least four inches wide and extending the length of the space or
by curbs or other means to indicate individual spaces. Signs or markers
located on the surface within a parking lot shall be used as necessary
to ensure efficient and safe traffic operation of a lot.
(4)
Parking spaces shall have paved all-weather surface, unless
otherwise approved by the Board of Supervisors. All parking spaces
shall have safe and convenient access in all seasons. Stacked parking
spaces (one in front of another) are prohibited. Parking areas shall
be maintained in a clean orderly and dust-free condition. Parking
areas shall have a minimum slope of 1% in any direction to provide
for drainage and a maximum of slope of 6% in any direction for safety,
user convenience and stormwater runoff. Parking areas shall be provided
with adequate stormwater drainage facilities to prevent damage or
inconvenience to abutting property and/or public streets and alleys.
(5)
Parking areas shall be landscaped and screened in accordance with § 162-1908. Parking areas with greater than 20 spaces shall have landscaped islands. Such vegetated island shall be 200 square feet for every 20 spaces.
(6)
Handicapped parking shall be identified with a clearly visible
marking displaying the international symbol of access and be in accordance
with the provisions of the Americans with Disabilities Act (ADA) of
1990, as amended, and applicable Pennsylvania regulations.
E.
Requirements.
(1)
Residential.
(a)
Two off-street parking spaces for each dwelling unit having
three or less bedrooms; three off-street parking spaces for each dwelling
unit having four or more bedrooms.
(b)
Residential garages shall not be counted as off-street parking
spaces.
(c)
Each parking space shall have proper and safe access from the
street or alley; driveways shall be so constructed as to permit vehicles
to turn around on the lot, so as to eliminate the necessity of backing
either on or off the lot.
(e)
Parking spaces shall have an approved all-weather surface and
shall have safe and convenient access in all seasons.
(3)
Commercial.
(a)
Eating and drinking establishment without table service (including
fast-food restaurants): 15 spaces per 1,000 square feet of gross floor
area.
(b)
Eating and drinking establishment with table service: 12 spaces
per 1,000 square feet of gross floor area.
(c)
Hotel/motel: one space per unit plus eight additional spaces
per 50 units.
(d)
Warehouse, wholesale sales: one space per 1,000 square feet
of gross floor area.
(e)
Gas station (without repair service): one space per gas nozzle
plus two stacking spaces per gas nozzle.
(f)
Gas station (with repair service): one space per gas nozzle
plus two stacking spaces per gas nozzle plus two spaces per garage
bay.
(g)
Automobile sales and service, automobile repair shop: one space
for each 400 square feet of gross floor area plus two spaces per bay.
Outdoor display area for automobile sales shall not be included in
the required parking spaces.
(h)
Retail sales, consumed goods (sales of consumed or perishable
goods with little seasonal variation in demand: includes supermarkets,
and other similar retail establishments): 3.5 spaces per 1,000 square
feet of gross floor area.
(i)
Retail sales, capital goods (sales of capital or nonperishable
items which often have some seasonal fluctuation in demand; includes
shopping centers, department stores, gift shops, jewelers, apparel
and personal accessories, nurseries, bookstores, and other similar
retail establishments): five spaces per 1,000 square feet of gross
floor area.
(j)
Car wash: for a self-service facility, four stacking spaces
per wash bay plus two drying spaces per wash bay. For a full-service,
automated tunnel-type facility, eight stacking spaces per wash "line"
plus eight drying spaces per wash "line."
(k)
Laundromat: one space per two washing machines.
(l)
Self-storage, mini warehouse: one space per six rentable storage
units; or one space per 10 rentable storage units where there is sufficient
room for loading/unloading immediately adjacent to the front of each
drive-up storage unit.
(m)
Financial institution, bank: four spaces per 1,000 square feet
of gross floor area.
(n)
Personal services: five spaces per 1,000 square feet of gross
floor area.
(o)
Child/adult day-care facility: two spaces per 10 children/adult
clients, plus one space per employee, plus one stacking space per
20 children/adult clients.
(p)
Junkyard: three spaces per one acre.
(q)
Lumberyard: three spaces per 1,000 square feet of gross floor
area in sales or display area, plus one space per 1,000 square feet
of gross floor area of warehouse.
(s)
Bed-and-breakfast: one space for each guest room, plus one space
for each employee and two spaces for the owner.
(t)
Farm produce stands, roadside stands: a minimum of five off-street
parking spaces per stand.
(u)
Kennel: one space for every two kennel runs plus one space for
each employee.
(v)
Catering establishment: three spaces per 1,000 square feet of
gross floor area plus one space for every employee.
(w)
Mechanical repair or fabrication shop: three spaces per 1,000
square feet of gross floor area.
(x)
Trucking establishment: two spaces per 1,000 square feet of
gross floor area plus one space per employee.
(y)
Convenience store: eight spaces per 1,000 square feet of gross
floor area.
(z)
Adult-oriented establishments: as determined necessary by the
Board of Supervisors upon recommendation of the Planning Commission.
(4)
Professional.
(a)
Office buildings, business services, laboratories, and research
and development facilities: 3.5 spaces per 1,000 square feet of gross
floor area.
(b)
Office park: three spaces per 1,000 square feet of gross floor
area.
(c)
Medical/dentist office: six spaces per 1,000 square feet of
gross floor area.
(d)
Professional services/offices: five spaces per 1,000 square
feet of gross floor area.
(e)
Funeral home: 20 spaces per 1,000 square feet used for the operation
of the funeral home or one space per four seats, whichever is greater.
(f)
Veterinary hospital: three spaces per treatment room plus one
space for each veterinarian or employee.
(g)
Industrial park: three spaces 1,000 square feet of gross floor
area.
(5)
Recreational.
(a)
Cinema: one space per three seats.
(b)
Bowling alley: five spaces per lane.
(c)
Health/fitness club: seven spaces per 1,000 square feet of gross
floor area.
(d)
Club or lodge: one space per three members the facility is designed
to accommodate plus one space per employee.
(e)
Golf course: four spaces per hole plus 75% of the requirements
for any other associated use.
(f)
Swim club, public pool: 10 spaces per 1,000 square feet of pool
floor area.
(g)
Miniature golf: three spaces per hole.
(h)
Indoor amusement arcade: one space per 200 square feet of gross
floor area.
(i)
Riding stable: two spaces per stall plus one space per employee.
(6)
Institutional.
(a)
Community center: one space for each three seats in the main
assembly hall or eight spaces per 1,000 square feet of gross floor
area, whichever is greater.
(b)
Assisted-living facility, nursing home: 0.5 space per bed and
one space per employee.
(c)
Hospital: two spaces per bed.
(d)
Retirement community, age-restricted community: one space per
each dwelling unit plus one space per employee.
(e)
Place of worship, church: one space per every 54 inches of bench
space, per International Building Code standards.
(f)
Elementary school: one space per 15 students plus one space
per employee.
(g)
Junior high/middle school: one space per 15 students plus one
space per employee.
(h)
High school: one space per four students plus one space per
employee.
(i)
University without dormitories, community college: 20 spaces
per classroom.
(j)
University with dormitories: one space per dormitory room, plus
two per classroom.
(k)
Airport: 30 spaces per 1,000 square feet of gross floor area
in terminal.
(l)
Utility installation: two spaces per facility.
(m)
Library: four spaces per 1,000 square feet of gross floor area.
(n)
Museum: three spaces per 1,000 square feet of gross floor area
in gallery.
(o)
Public transit station: Varies according to service area.
(p)
Municipal uses/government uses: one space per employee plus
one space per two persons permitted at maximum capacity.
(q)
Cemetery: varies depending on if accessory to a place of worship
but in accordance with the recommendation of the Township Engineer.
(r)
Fire or emergency service facility: 15 spaces plus one space
per employee or volunteer.
(7)
Special exception or conditional use. For any use permitted
by special exception or conditional use, it shall be the burden of
the applicant to present evidence of the parking needs of the proposed
use, and additional evidence thereon may be presented by the Planning
Commission or Board of Supervisors. The Zoning Hearing Board in granting
a special exception, or the Board of Supervisors in granting conditional
use approval, may attach specific parking requirements, which may
be equivalent to, greater than, or less than the requirements set
forth herein.
(8)
Accessory or combined uses.
(a)
If an accessory use, such as a restaurant or an auditorium,
in connection with a principal use, is open to the public, the off-street
parking requirement for the accessory use shall be in addition to
that of the principal use.
(b)
The Planning Commission may recommend approval of the alternating
use of parking facilities in cases where parties wish to cooperatively
establish and operate parking facilities and where these uses generate
parking demands primarily during hours when the remaining uses are
not in operation. The burden of proof for a reduction in the total
number of required parking space shall remain with the applicant and
documentation shall be submitted to the Planning Commission substantiating
the reasons for the requested parking reduction.
(9)
Uses not specified or where the number of spaces varies. The parking space requirements for uses not listed in Subsection E(1) through (6) above shall be defined by the Board of Supervisors upon recommendation by the Planning Commission. Such determination shall be based upon the requirements for the most comparable use specified in one of these subsections and upon recommendation of the Township Engineer.
(10)
Reserve parking. The number of parking spaces to be constructed
may be less than the number of spaces required herein in the event
that the following conditions are met to the satisfaction of the Board
of Supervisors.
(a)
Evidence is submitted documenting that the special nature of
the proposed occupancy or use of the building requires less parking
spaces than required by this subsection for the same.
(b)
The ancillary information provided along with a zoning permit application or in the case of a subdivision or land development plan, a site development plan, submitted to and recommended for approval by the Planning Commission in accordance with Chapter 138, Subdivision and Land Development, shall indicate the location and layout of the required parking area. Such design shall include those parking areas deemed unnecessary at the time of application and that will be constructed according to the requirements of this subsection in the event that the Board of Supervisors determines at any time that all or any additional portion of this parking is necessary and in the public health, safety, and welfare. Such area shall be designated as "reserved parking" on the site plan of record.
(c)
No more than 20% of the required parking shall be provided in
reserve spaces. In no event shall that authorized portion of the required
parking area which is not to be constructed, but reserved for possible
future uses, be counted as open space or other nonpaved area required
by other provisions of this chapter.
(d)
If reserved parking areas are built when determined necessary
by the Board of Supervisors, the reserved parking areas shall be built
with materials approved by the Township Engineer.
A.
In connection with any building or structure which is erected or
substantially altered and which requires the receipt or distribution
of materials or merchandise by trucks or similar vehicles, there shall
be provided a sufficient number of off-street loading and unloading
spaces not less than the minimum requirements specified in this section:
(1)
Location. All required loading and unloading spaces shall be
located on the same lot as the use to be served, and no portion of
the vehicle shall project into any street right-of-way or traffic
lane. No loading or unloading space for vehicles of more than two-ton
capacity shall be located less than 100 feet from any residential
district. No permitted or required loading or unloading space shall
be located within 50 feet of a property line. No loading or unloading
spaces shall be constructed between the building setback line and
a street right-of-way line, or within any required yard areas.
(2)
Size. A required off-street loading and unloading space shall
be at least 14 feet in width by at least 50 feet in length, exclusive
of aisle and maneuvering space, and shall have vertical clearance
of at least 16 feet. For proposed uses in which no deliveries will
be made by large trucks or tractor trailers, the minimum size required
for a loading and unloading space may be reduced, at the direction
of the Board of Supervisors, to 12 feet by 30 feet.
(3)
Access. Each required off-street loading and unloading space
shall be designed with appropriate means of vehicular access to an
interior drive in a manner which will least interfere with traffic
movements, and shall be subject to the approval of the Township. Such
access shall have all-weather surfaces to provide safe and convenient
access during all seasons.
(4)
Surfacing. All open off-street loading and unloading spaces
shall be improved with a compacted stone base not less than seven
inches thick, or equal, surfaced with not less than two inches of
asphaltic concrete or some comparable all-weather dustless material.
(5)
Repair and service. No storage of any kind, nor motor vehicle
repair work of any kind, except emergency work, shall be permitted
within any required loading space.
(6)
Space allocated. Space allocated to any off-street loading or
unloading space shall not, while so allocated, be used to satisfy
the off-street parking requirements for any facilities or portions
thereof. Required off-street parking spaces shall not be used for
loading and unloading purposes except during hours when business operations
are suspended.
(7)
Require spaces.
(a)
Retail sales, business and personal services, shopping centers,
wholesale sales, and commercial services:
|
Size
(square feet)
|
Number of Loading/Unloading Spaces
|
|---|---|
|
Less than 5,000
|
0
|
|
5,000 to 15,000
|
1
|
|
15,001 to 40,000
|
2
|
|
40,001 to 100,000
|
3
|
|
100,001 to 300,000
|
4
|
|
Over 300,000
|
5
|
(b)
All industrial uses, warehousing, distribution centers:
|
Size
(square feet)
|
Number of Loading/Unloading Spaces
|
|---|---|
|
Less than 5,000
|
0
|
|
5,000 to 40,000
|
1
|
|
40,001 to 70,000
|
2
|
|
70,001 to 110,000
|
3
|
|
110,001 to 160,000
|
4
|
|
160,001 to 240,000
|
5
|
|
240,001 to 350,000
|
6
|
|
350,001 to 500,000
|
7
|
|
Over 500,000
|
8
|
(c)
Offices (including office parks), banks, financial and professional
services, and medical clinics:
|
Size
(square feet)
|
Number of Loading/Unloading Spaces
|
|---|---|
|
Less than 5,000
|
0
|
|
5,000 to 40,000
|
1
|
|
40,001 to 100,000
|
2
|
|
100,000 to 300,000
|
3
|
|
Over 300,000
|
4
|
(d)
Hotels, motels, nursing homes, hospitals, and assisted-living
facilities; excludes ambulance spaces and emergency room spaces for
nursing homes and hospitals:
|
Size
(square feet)
|
Number of Loading/Unloading Spaces
|
|---|---|
|
Less than 10,000
|
0
|
|
10,000 to 100,000
|
1
|
|
100,001 to 200,000
|
2
|
|
Over 200,000
|
3
|
In order to minimize traffic congestion and hazards, and encourage
orderly development of street frontage, the following regulations
shall apply:
A.
Residential lots abutting two or more streets. Unless clearly impractical
or inappropriate from a safety or traffic planning perspective, lots
which abut two or more streets shall take their primary access to
the street of lesser functional classification as defined by the Pennsbury
Township Comprehensive Plan. Where mobility of the higher order street
will not be compromised, as determined by the Township Engineer, a
secondary access point on the higher order road may be considered
by the Township.
B.
Access for residential uses.
(1)
Unless clearly impractical, all lots in a residential subdivision
shall have direct access only to a local street.
(2)
Where lots within a residential subdivision are created having
frontage on existing major or minor arterial, or major or minor collector
streets within the Township, the subdivision street pattern shall
provide reverse frontage access to local streets within the subdivision
rather than access to the existing arterial or collector streets and
all such lots shall be provided with a minimum rear yard of 80 feet
from the street line of any arterial, collector or local street.
(3)
All lots radiating from a cul-de-sac turnaround shall have a
minimum of 50 feet frontage at the street right-of-way line.
C.
Ingress and egress.
(1)
No driveway shall be situated within five feet of a side or
rear property line, except where common driveways are utilized.
(2)
Nonresidential parking lots or common residential parking areas for multifamily uses, or areas for off-street parking or for the storage or movements of motor vehicles, shall not directly abut a public street unless separated from the street by at least 10 feet by a raised curb and a buffer planting strip, except for necessary accessways to any one public street for each 500 feet of frontage. The buffer or planting strip shall be planted in lawn grass and/or low-growing plant species which at maturity will not obstruct motorist's views. Other required landscaping of parking lots or parking areas shall be in accordance with applicable sections of this chapter and the design standards found in Chapter 138, Subdivision and Land Development.
(3)
Where practical, access to nonresidential and common residential
parking areas shall be provided by a common service driveway. No such
accessway shall be more than 35 feet in width.
(4)
All driveways, aisles, maneuvering spaces, vehicular service
areas or spaces between or about buildings, other than those relating
to a dwelling, shall be adequately illuminated.
(5)
No parking, loading or service area shall be located within
front yard setback areas in the Highway Commercial (HC) or Light Industrial
(LI) District.
(6)
In the case of a shopping center, light industrial, professional office park or similar groupings of buildings, constructed as part of an integrated plan, and in any other use where practicable, there shall not be more than two accessways to any public street for each 500 feet of frontage. All parking, loading or service areas used by motor vehicles shall be located entirely within the lot line of the property. All accessways to a public street shall be located not less than 100 feet from the intersection of any street lines. All accessways shall be designed to conform to the design standards found in Chapter 138, Subdivision and Land Development.
(7)
All accessways to a public street for a single commercial, industrial or institutional use shall be located not less than 50 feet from the intersection of any street lines. There shall be no more than one accessway for a single use, unless an additional accessway is determined necessary by the Township Engineer in consultation with the Township for reasons of safety or mobility. All accessways shall be designed to conform to the design standards found in Chapter 138, Subdivision and Land Development.
(8)
If minimum accessway spacing cannot be achieved due to constraints,
the accessway shall be located the farthest possible distance away
from the intersecting roadway. In such cases, directional connections
(i.e., right in/right out only) may be required by the Township.
(9)
All commercial, industrial, or institutional uses, or where
deemed appropriate by the Township in consultation with the Township
Engineer, on lots which abut two or more streets shall take their
primary access to the street of higher functional classification as
defined by the Pennsbury Township Comprehensive Plan. Where mobility
of the higher functional class street or safety will be compromised,
as determined by the Township Engineer in consultation with the Township,
access to the lower functional class street may be considered.
A.
On any lot, along any street, or at a point of entry onto a street
such as but not limited to a driveway, no wall, fence, hedge, tree,
shrub or other obstruction shall be erected, placed or allowed to
grow in a manner which may obscure the view of approaching traffic.
A.
The following standards are established to create buffers and screens between potentially conflicting adjacent land uses. Buffer areas, buffer planting strip, and screen shall be as defined in Article II of this chapter. Buffer areas, buffer planting strips, and screens shall be required as noted in Table 19-2. In addition, the Township may require suitable buffer area, buffer planting strip, or screen between uses that are deemed to require buffering and screening due to potential disruption or negative impact on the adjacent use or district. The minimum general plant types and spacing requirements shall be as set forth in Table 19-3.
|
Table 19-2
Buffer and Screen Requirements
| ||||
|---|---|---|---|---|
|
New Use to be Buffered
|
Adjacent Use or District
|
Minimum Buffer Area Width
(feet)
|
Minimum Buffer Planting Strip Width
(feet)
|
Buffer or Screen, Percent Coverage
|
|
Commercial use
|
Existing residential use
Existing institutional use
Residential District
|
25
|
15
|
Screen, 100%
|
|
Industrial use
|
Existing residential use
Existing institutional use
Residential District
|
50
|
25
|
Screen, 100%
|
|
Institutional use
|
Existing residential use
Residential District
|
50
|
25
|
Buffer, 70% to 80%
|
|
Any residential use
|
Roadway
|
25
|
15
|
Buffer, 70% to 80%
|
|
Mobile home park
|
Other residential use or district
|
50
|
25
|
Buffer, 70% to 80%
|
|
Multifamily use
|
Other residential use or district
|
100
|
30
|
Buffer, 70% to 80%
|
|
Retirement community
|
Other residential use or district
|
100
|
30
|
Buffer, 70% to 80%
|
|
Table 19-3
General Type*, Size, and Spacing Requirements for Plants and
Other Materials within a Buffer Area, Buffer Planting Strip, or Screen
| |
|---|---|
|
Buffer Area. The following trees and shrubs shall be installed
at minimum:
| |
|
•
|
1 canopy tree per 30 lineal feet of lot frontage; and
|
|
•
|
1 flowering tree per 60 lineal feet of lot frontage; and
|
|
•
|
1 flowering shrub per 10 lineal feet of lot frontage.
|
|
Buffer Planting Strip. The following trees and shrubs shall
be installed, at minimum:
| |
|
Trees:
| |
|
•
|
1 evergreen tree not less than 6 feet in height per 10 lineal
feet of perimeter property boundary placed in a double staggered row
within the width required for the district; and
|
|
•
|
1 evergreen tree not less than 6 feet in height per 20 feet;
and
|
|
•
|
1 deciduous tree not less than 2 1/2 inches in caliper
per 10 lineal feet of perimeter property boundary placed in a double
staggered row; and
|
|
•
|
Shall not be closer than 5 feet from any property line.
|
|
Shrubs:
| |
|
•
|
1 deciduous and/or evergreen shrub per 6 lineal feet of perimeter
property boundary, the minimum height of which shall be 3 feet.
|
|
•
|
Shrubs shall not be placed closer than 3 feet from any property
line.
|
|
Screen. A combination of the following materials shall be installed
to achieve a 100% screen, a minimum of 6 feet in height (unless otherwise
required by this chapter). A minimum ten-foot-wide buffer planting
strip is required in conjunction with any fence or wall.
| |
|
•
|
Plant materials
|
|
•
|
Walls (in accordance with § 162-1915)
|
|
•
|
Berms
|
|
•
|
Fencing (in accordance with § 162-1915)
|
|
*
|
Refer to Appendix A of Chapter 138, Subdivision and Land Development, for details pertaining to the recommended and approved plant types.
|
B.
General buffer and screen requirements.
(1)
Buffer areas, buffer planting strips, and screens shall be designed and maintained in accordance with § 138-522 of Chapter 138, Subdivision and Land Development. The recommended and approved plant list is set forth in Appendix A of Chapter 138, Subdivision and Land Development. The Township may permit other plant varieties if: they are hardy to the area; are not subject to blight or disease; and are of the same general character and growth habit as those listed in Appendix A.
(2)
The buffer area, buffer planting strip, or screen may be included
in yard setbacks.
(3)
Buffer planting strips or screens shall be in place the full
length of the lot lines at the time of occupancy of any buildings,
and/or at the time of initiation of any use.
(4)
The applicant is encouraged to install plantings in naturalistic
groupings rather than in linear strips, if a satisfactory buffer can
be achieved.
(5)
A plan and cross-section of all proposed buffer areas, planting
strips, and screens are required to be submitted. Plans shall be subject
to review and approval by the Board of Supervisors upon the recommendation
of the Planning Commission and review by the Township Engineer or
other qualified professional.
(6)
Existing vegetation. Existing deciduous trees larger than two
inches in caliper and/or existing evergreen trees six feet or larger
in height shall be counted towards the buffer area, buffer planting
strip, or screen requirement. In all cases, existing plant material
of the above caliper and height shall be preserved in any buffer area
except: where clearance is required to ensure needed vehicular or
utility access, to preserve sight distance, or to remove invasive
species. Additional planting material may be required to meet the
standards of this article.
(7)
Buffer planting strip requirements may be refined as approved
by the Township if fences, walls and/or berms are proposed. The use
of earth sculpting or berms can be part of the buffer area frontage
landscaping for properties along Baltimore Pike if topography and
lack of existing woodlands permit. Such earth sculpting or berms shall
not block the clear site distance required at intersections and driveways.
(8)
All plantings in a buffer area, buffer planting strip, or screen
shall be installed and thereafter maintained by the property owner,
homeowners' association, or entity for which maintenance responsibilities
were assigned on the approved plan. Required plantings shall not be
removed without prior approval of the Township. If such plantings
are removed, become diseased, or die, the Township may require that
they be replaced in kind at the expense of the property owner, homeowners'
association, or responsible party.
(9)
The species of trees used for buffering or screening below power
lines shall be chosen based on the approximated mature height in order
to avoid conflicts with overhead utilities.
(10)
The plantings shall be broken only at points of vehicular or
pedestrian access, or as otherwise provided in this section.
(11)
Buffer areas, buffer planting strips, and screens shall be kept
clean of all debris, rubbish, and weeds.
(12)
Structures permitted within the buffer area, buffer planting
strip, or screen include:
(a)
Landscape treatment such as berms, fences or walls which aid
in buffering and screening and do not conflict with the character
of adjoining properties, or block the clear sight distance required
at intersections;
(b)
Appurtenant landscaping structures such as: tree wells, tree
guards and tree grates and retaining walls used to preserve stands
or specimens of existing trees or used for functional purposes;
(c)
Roads and driveways which provide direct ingress/egress for
the tract or lot, including appurtenant structures within such road
rights-of-way such as curbs, sidewalks, signs, lighting standards
or benches; and
(d)
Underground utilities.
(e)
No other structure shall be placed within the buffer area, buffer
planting strip, or screen and no manufacturing or processing activity,
or storage of materials shall be permitted. Signs are not permitted
on top of berms.
(13)
The Board of Supervisors may prescribe reasonable additional
requirements in keeping with the rural and historical character of
the Township, the Brandywine Battlefield National Historic Landmark
Planning Area, and the surrounding uses and environment.
C.
D.
Parking lot and parking area screening requirements. Parking lots
and parking areas for more than five vehicles shall be screened as
follows:
(1)
The perimeter of all such off-street parking areas or parking
lots shall be screened from any abutting property or major arterial
street.
(2)
Screening shall be six feet in height at the time of planting
(except within the clear sight triangle) through the use of the following:
plant materials or walls, and/or mounding through the use of berms
and forming a continuous visual screen. Fencing may be used for screening
only when specifically approved by the Township. If a wall is approved
as a means of screening, it would be exempt from the setback requirements
of this chapter.
(3)
The area for planting, fencing, walls or berms shall not extend
beyond the front facade of the building, except in instances where
parking has been permitted beyond the front facade of the building,
in which case screening is permitted. No off-street parking or loading
and unloading facilities shall be located within 20 feet of the street
line, unless provided for otherwise in other sections of this chapter.
E.
Recreational vehicles and motor homes stored in a side yard in a
residential district (parked for more than 72 hours) shall be screened
from adjoining residential lots.
B.
All storage, whether of merchandise, inventory held for sale or otherwise,
shall be completely screened from view from any public right-of-way
and any contiguous residential use; except that merchandise displayed
for retail sale outside of a building shall be permitted during normal
business hours where such retail use is authorized by this chapter,
subject to such setback restrictions as they are applicable to the
particular zoning district. No outdoor storage or display of merchandise,
articles, materials, goods or equipment shall be permitted beyond
the front lines of the building, within the required yard areas, street
right-of-way, parking areas, sidewalks, or other areas intended for
pedestrian or vehicular use, except in the case of a sidewalk sale,
garage sale, flea market, public auction, or display of goods in the
Village Commercial (VC) Zoning District.
C.
All material shall be stored in such a manner as to prevent emission
onto neighboring properties or into the soil, whether through the
air (e.g., dust), on the surface (e.g., water runoff) or subsurface
(e.g., liquid seepage).
D.
All organic rubbish or garbage shall be contained in tight vermin-proof
containers, which shall also be screened from view from any public
right-of-way and any contiguous residential use. In multifamily developments
of greater than 10 units (but excluding townhouse developments), mobile
home parks and retirement communities with common refuse areas, institutional
uses, commercial uses, and industrial uses, garbage storage shall
be centralized to expedite collection and enclosed on at least three
sides.
E.
On residential lots, recreational vehicles, motor homes, or other
major recreational equipment shall be parked or stored in a carport
or enclosed building, or within a rear yard or side yard, and shall
be located no closer to a property line than the required setback
lines for accessory uses for the applicable use; provided, however
that such equipment may be parked anywhere on the lot for a period
not to exceed 24 hours during loading and unloading. No such recreational
equipment shall be used for dwelling purposes when parked or stored
on a residential lot.
F.
Commercial and industrial uses which require large amounts of land
for outdoor storage or display. For all industrial and commercial
uses and districts, storage of materials, equipment or vehicles, but
not including parking and similar activities, shall generally be carried
on within a building and shall meet the provisions of this section
and other applicable regulations of this chapter, except that additional
outdoor storage and display areas for a permitted industrial or commercial
use may be authorized where all of the following conditions are met:
(1)
The industrial or commercial use involved traditionally employs
long-term outdoor storage including uses such as lumberyard, junkyard,
nursery/greenhouse, automotive sales and service, and auto body repair/shops.
(2)
Such storage is needed for the successful operation of the use,
and the proposed site is suitable for outdoor storage.
(3)
The applicant can demonstrate that indoor storage is not practical.
(4)
The storage shall comply with all applicable setback requirements
and impervious surface coverage requirements in the applicable zoning
district and shall cover only that percentage of total lot area that
is deemed practical and feasible in the opinion of the Zoning Officer.
(5)
The storage area shall be screened from view from any residential district or use by buildings, walls or an effective screen, as required by § 162-1908.
(6)
Any establishment which furnishes shopping carts as an adjunct
to shopping shall provide definite areas within the building and parking
area for storage of said carts. Each designated storage area shall
be enclosed by a barrier at least as high as the height of the handles
on a shopping cart, and shall be clearly marked for storage of shopping
carts. All shopping carts shall be secured during nonoperating hours.
(7)
Outdoor storage of raw materials and/or finished products shall
be permitted only within the buildable area of the lot behind the
front building line of the principal buildings, and shall not exceed
10 feet in height.
A.
Applicability. The Board of Supervisors may require outdoor lighting
for safety and personal security as they deem necessary.
B.
Illumination standards.[1] Lighting intensities and uniformity ratios[2] shall be in accordance with the current recommended standards
of the Illuminating Engineering Society of North America (IESNA) Lighting
Handbook, Current Edition.
(1)
Future amendments to said recommended standards shall become
part of this chapter without future action of the Township.
(2)
Samples of intensities for typical outdoor applications, as
extracted from the 8th Edition of the Lighting Handbook, are included
below in Table 19-4:
|
Table 19-4
Sample Lighting Intensities for Typical Outdoor Applications
| ||
|---|---|---|
|
Use/Task
|
Maintained Footcandles
|
Uniformity Ratio
(avg:min)
|
|
Streets, local residential
|
0.4 average
|
6:1
|
|
Streets, local commercial
|
0.9 average
|
6:1
|
|
Parking, residential, multifamily
| ||
|
Low vehicular/pedestrian activity
|
0.4 average
|
4:1
|
|
Medium vehicular/pedestrian activity
|
0.6 average
|
4:1
|
|
Parking, industrial/commercial/institutional/municipal
| ||
|
High activity, e.g., regional shopping centers/fast-food
facilities, major athletic/civic/cultural/recreational events
|
0.9 minimum
|
4:1
|
|
Medium activity, e.g., community shopping centers,
office parks, hospitals, commuter lots, cultural/civic/recreational
events
|
0.6 minimum
|
4:1
|
|
Low activity, e.g., neighborhood shopping, industrial
employee parking, schools, church parking
|
0.4 average
|
4:1
|
|
Walkways and bikeways
|
0.5 average
|
5:1
|
|
Building entrances
|
5.0 average
|
—
|
[1]
Note: Illumination levels are maintained horizontal footcandles
on the use/task, e.g., pavement or area surface.
[2]
Note: Uniformity ratios dictate that average illuminance values
shall not exceed minimum values by more than the product of the minimum
value and the specified ratio, e.g., for commercial parking high activity,
the average footcandles shall not be in excess of 3.6 [0.9 x 4].
C.
Control of glare. The following standards shall apply to all exterior
light fixtures within the Township, except streetlighting and associated
traffic devices provided by a public utility or governmental entity
within a public right-of-way.
(1)
For lighting horizontal uses/tasks such as roadways, pathways
and parking areas, fixtures shall meet IESNA "full cutoff" criteria.
Vegetation screens shall not be employed to serve as the primary means
for controlling glare.
(a)
Fixtures shall be of a type and design appropriate to the lighting
application and appropriate to the nature of the development and surrounding
area.
(b)
Fixtures used for architectural lighting, e.g., facade, fountain,
feature and landscape lighting, shall be aimed so as not to project
their output beyond the objects intended to be illuminated and shall
be extinguished between the hours of 10:00 p.m. and dawn.
(2)
Unshielded lamps, bulbs and tubes are not permitted, except
for temporary holiday lighting and residential house-mounted lamps
and driveway lampposts utilizing sixty-watt or lesser wattage light
bulbs (specifically not including spotlights or floodlights).
(3)
Neither the direct nor reflected light from any luminaire shall
create a disabling glare causing traffic hazards to motor vehicle
operators or public thoroughfares.
(4)
Lighting shall be designed so that the illumination does not
exceed 0.10 vertical footcandle, measured at 30 inches above the grade
at the property line, beyond the property line on which the lighting
originates.
(5)
Floodlights and spotlights shall be so installed or aimed that
they do not project their output into the windows of adjacent uses,
directly skyward or onto a roadway.
(6)
Where all-night safety or security lighting is to be provided,
the lighting intensity levels shall not exceed 25% of the levels normally
permitted by this chapter for the use.
(7)
Unless otherwise permitted by the Board of Supervisors, for
reasons such as safety and security, lighting shall be controlled
by automatic switching devices, such as time clocks or combination
motion detectors and photocells, to extinguish sources between 10:00
p.m. and dawn to mitigate nuisance glare and sky-lighting consequences.
D.
Streetlighting.
(1)
Where required by this chapter, the applicant shall install
or cause to be installed, at the applicant's expense, all new
lighting, including but not limited to pole streetlights, pathway
lighting, and walkway lighting, serviced by underground conduit in
accordance with a plan to be prepared by the owner's engineer
and approved by the Board of Supervisors. The owner shall be responsible
for all costs involved in lighting the street from the date of first
dwelling unit occupancy until such time that the streets are dedicated
to and accepted by the Township.
(2)
Standards. All lighting and accessory equipment shall meet acceptable
industry standards as approved by the Board of Supervisors.
E.
Maintenance. Lighting fixtures and ancillary equipment shall be maintained
so as to always meet the requirements of this chapter.
F.
Height limits. Except for public streetlights and traffic devices
and signals, freestanding lighting fixtures shall meet IESNA "full
cutoff" criteria and shall not exceed 16 feet in height. Security
or floodlighting may exceed this height requirement when attached
to a building provided that such lighting shall be arranged and installed
to deflect and focus lights away from adjacent properties. Parking
areas are encouraged to be lighted with pole-mounted lights, but building-mounted
lights are permitted in limited circumstances.
G.
Safety. Except for traffic devices and signals, no luminaire shall
have any blinking, flashing or fluttering lights or other illuminating
device which has a changing light intensity, brightness or color nor
will any beacon lights be permitted.
H.
Parking areas. Parking areas shall be lighted using support poles,
lighting standards and luminaries. The fixtures shall be located within
or adjacent to parking areas, in raised traffic islands, parking bay
separators or adjacent landscape areas. Poles, standards or luminaries
shall be located so as not to be damaged by automobiles being parked
(front overhang: minimum 39 inches; rear overhang: minimum 60 inches).
I.
The type, spacing and degree of cutoff of lighting for new development
must be approved by Board of Supervisors after review and recommendation
by the Planning Commission. Full-cutoff lighting is required in certain
instances, as per this section, and strongly encouraged in all situations
to reduce glare and light pollution.
J.
Nonconforming lighting. Any lighting fixture or lighting installation
existing on the effective date of this chapter that does not conform
with the requirements of this chapter, shall be considered as a lawful
nonconformance shall be made to conform with the requirements of this
chapter when:
K.
Lighting plan requirements.
(1)
Lighting plans shall be submitted to the Township for review
and approval and shall include: preliminary and final lighting plan.
(a)
The location of all proposed exterior lighting fixtures.
(b)
Expected hours of lighting operation.
(c)
Iso-footcandle plots for individual fixture installations and
ten-foot-by-ten-foot illuminance-grid plots for multi-fixture installations,
and one isolux diagram detail for each proposed light, that demonstrate
compliance with the intensities and uniformities set forth in this
chapter.
(d)
Description of the equipment, including fixture catalog cuts,
photometrics, glare-reduction devices, lamps, control devices, mounting
heights and mounting methods proposed.
(2)
When requested by the Board of Supervisors, the applicant shall
submit a visual impact plan that demonstrates appropriate steps have
been taken to mitigate on-site and off-site glare.
(3)
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to the Township
for review and approval.
(4)
Preliminary and final landscape plan. The location and type
of all proposed exterior lighting fixtures shall be indicated on the
preliminary and final landscape plans to insure that there is no conflict
between the location of light standards and the location of trees,
and that trees will not adversely affect lighting patterns. Lighting
fixture locations shall be indicated on the plans by symbol.
L.
Post-installation inspection. The Township reserves the right to
conduct a post-installation nighttime inspection to verify compliance
with the requirements of this chapter, and if appropriate, to require
remedial action at no expense to the Township.
M.
Streetlighting dedication.
(1)
When streetlighting is to be dedicated to the Township, the
applicant shall be responsible for all costs involved in the lighting
of streets and street intersections until the street is accepted for
dedication.
(2)
If streetlighting is to be dedicated to the Township, prior
to dedication, the applicant shall legally establish, by documentation
in form and substance satisfactory to the Township a homeowners'
association and/or property management organization that shall be
responsible to pay all costs associated with dedicated streetlighting.
(3)
Assumption of costs of dedicated streetlighting. Upon dedication
of streetlighting, the Township shall assess the homeowners'
association, individual property owners, corporations, or other applicable
entities as may be necessary to collect all revenues required that
are directly or indirectly associated with all costs of each specific
streetlighting fixture. Unpaid costs shall be a municipal claim and
lien against the lots in the development served by the streetlighting.
These costs shall include:
The following standards regulate the impact of uses upon other
and adjacent uses in the Township and Township residents, and shall
apply to applicable uses in all zoning districts.
A.
Air quality.
(1)
There shall be no emission of smoke, ash, dust, fumes, vapors, gases, or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards) in Article III, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations, as amended, and other applicable regulations.
(2)
No user shall operate or maintain or permit to be operated or
maintained any equipment, installation or device which by reason of
its operation or maintenance will discharge contaminants to the air
in excess of the limits prescribed herein unless said user shall install
and maintain in conjunction therewith such control as will prevent
the emission into the open air of any air contaminant in a quantity
that will violate any provision of this chapter.
(3)
No user shall cause, allow, or maintain any junk, household
waste, or salvage operations fire within the Township.
(4)
Except for the open burning of leaves and branches, open burning
of all other materials is prohibited in the Township and/or in accordance
with the regulations of the Chester County Health Department. Unless
prohibited by other statutes, ordinances or regulations, open burning
of leaves and branches on the property where the leaves and branches
originate is permitted only on weekdays (except legal holidays) only
between the hours of 9:00 a.m. and 4:00 p.m., prevailing time, at
which time the fire shall be fully extinguished. Prior to starting
the fire, the local fire department shall be notified and the property
owner shall comply with all requirements of the fire department.
B.
Fire and explosive hazards. No highly flammable or explosive liquids,
solids, or gases shall be stored in bulk as defined by the National
Fire Code, with the exception of propane and heating oil connected
directly with and located and operated on the same lot as the energy
devices or heating appliances they serve. All activities and all storage
of flammable and explosive material at any point shall be provided
with adequate safety devices against the hazard of fire and explosive,
and adequate firefighting and fire-suppression equipment and devices
as detailed and specified by the laws of the Commonwealth of Pennsylvania
and applicable federal fire protection regulations. All buildings
and structures and activities within such buildings and structures
shall conform to the Township Building Code (Uniform Construction
Code)[1] adopted in 2004, as amended, and the Pennsylvania Construction
Code Act, Act 45 of 1999 (35 P.S. §§ 7210.101 through
7210.1103), as amended, the Fire Prevention Code, and other applicable
Township ordinances. Any explosive material shall conform to the requirements
of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department
of Environmental Protection, for Storing, Handling and Use of Explosive,
as amended, and other applicable state, federal, and Township regulations.
C.
Glare and heat. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line shall be permitted. These regulations shall not apply to signs or floodlighting of parking areas otherwise permitted by this chapter. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line. No floodlighting, spotlights, or high-intensity lighting, except for surveillance, security, safety lighting shall be permitted in any residential district after 10:00 p.m. prevailing time. Lighting shall be in compliance with the lighting regulations of § 162-1910.
D.
Liquid and solid waste disposal. There shall be no discharge at any point into any public, community, or private sewerage system, or watercourse or into the ground, of any materials in such a way of such a nature, as will contaminate or otherwise cause other emission of hazardous materials in violation of the laws of the Commonwealth of Pennsylvania, and specifically Chapters 71, 73, 91, 92, 93, 95, 96, 102, and 105, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations, as amended, and other applicable regulations.
E.
Ground and water contamination. No materials or wastes shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces, nor shall any substance which
can contaminate a stream or watercourse or otherwise render such stream
or watercourse undesirable as a source of water supply or recreation,
or which will destroy aquatic life, be allowed to enter any stream
or watercourse.
F.
Noise. Noise levels shall be maintained at a level which is not objectionable
due to intermittence, frequency or intensity and shall not exceed
the standards established by this section.
(1)
No person shall operate or cause to be operated on private or
public property any source of continuous sound (any sound which is
static, fluctuating or intermittent with a recurrence greater than
one time in any fifteen-second interval) in such a manner as to create
a sound level which exceeds the limits set forth in Table 19-5 when
measured by a sound level meter (which conforms to the specifications
published by the American Standards Association) at the adjacent lot
line of the receiving land use.
|
Table 19-5
Continuous Noise Levels
| ||
|---|---|---|
|
Receiving Land Use
|
Time Frame
|
Maximum Noise Level Limit
(dBA)
|
|
Residential, park/open space, agriculture, or institutional
|
7:00 a.m. to 9:00 p.m. prevailing time
9:00 p.m. to 7:00 a.m. prevailing time, Sundays, and holidays
|
55
50
|
|
Commercial
|
7:00 a.m. to 9:00 p.m. prevailing time
9:00 p.m. to 7:00 a.m. prevailing time, Sundays, and holidays
|
65
60
|
|
Industrial
|
All times
|
70
|
(2)
For any source of sound which emits an impulsive sound (a sound
of short duration with an abrupt onset and rapid decay and an occurrence
of not more than one time in any fifteen-second interval), the sound
level shall not exceed 20 dBA over the maximum sound level limits
set forth in the above table, regardless of time of day or night on
the receiving land use, as measured by a sound level meter (which
conforms to the specifications published by the American Standards
Association).
(3)
The maximum permissible sound levels, as named above, shall
not apply to the following noise sources:
(a)
Emergency alarm signals for the purpose of alerting persons
to the existence of an emergency.
(b)
Work to provide, repair, or replace electricity, water or other
public utilities involving public health or safety.
(c)
Normal and legally permitted residential activities customarily
associated with residential use and typical residential living. This
exception shall not apply to boisterous parties, loud music, barking
dogs and similar activities and nuisances.
(d)
Domestic power tools.
(e)
Temporary activities involving construction and demolition activities.
(f)
Agriculture.
(g)
Motor vehicle operations on public streets. Such noise shall
be regulated by Pennsylvania Transportation Regulations governing
established sound levels.
(h)
Public celebrations or activities authorized by the Township.
(i)
The unamplified human voice.
(j)
Emergency generators.
G.
Odor. No use, except agricultural related or equestrian uses, shall
emit odorous gases or other odorous matter in such quantities to be
offensive at any point on or beyond its lot lines. Any process which
may involve the creation or emission of any odors shall be provided
with a secondary safeguard system or shall make corrective arrangements
in order that control will be maintained if the primary safeguard
system should fail. Immediate corrective action shall be taken should
either system fail.
H.
Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible by a normal individual beyond the lot
lines on which the activity is situated by direct means such as, but
not limited to, sensation by touch or visual observation of movement
without the aid of instruments; nor shall any vibration exceed 0.002g
peak measured at or beyond the lot line using either seismic or electronic
vibration measured equipment.
I.
Electrical, radio, and electromagnetic disturbance. There shall be
no radio or electrical disturbance adversely affecting the operation
of any equipment at any point other than equipment belonging to the
creator of such disturbance. No use, activity, or process shall be
conducted which produces electromagnetic interference with normal
radio or television reception from off the lot on which the activity
is conducted.
J.
Radioactivity. There shall be no activities that emit dangerous levels
of radioactivity at any point. No operation involving radiation hazards
shall be conducted which violates state or federal statues, rules,
regulations, and standards. In addition, any proposed use which incorporates
the use of radioactive material, equipment or supplies, shall be in
strict conformity with Pennsylvania Department of Environmental Protection
rules and regulations, and rules, regulations, and standards of the
U.S. Nuclear Regulatory Commission.
K.
Electrical, diesel, gas or other power. All uses requiring power shall be operated so that the service lines, substation, or other structures and equipment shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, and shall be constructed to be an integral part of the buildings with which it is associated. If visible from adjacent residential lots, it shall be screened in accordance with § 162-1908.
L.
Public health and safety. No use shall create any other objectionable
condition in an adjoining area which will endanger public health and
safety or be detrimental to the proper use and enjoyment of the surrounding
area.
A.
Stripping and removal of topsoil or sod.
(2)
No lot shall be graded, contours changed or filled without the
approval of the Township Engineer and adherence to the Township's
stormwater management requirements and other applicable ordinances
and statutes.
(3)
No topsoil shall be removed for purposes of resale. Any sale
of topsoil shall constitute a change in land use of the property from
which the material was excavated.
(4)
Stripping operations shall be set back from any property line
a minimum of 25 feet and from any street right-of-way a minimum of
50 feet.
(5)
Stripped areas shall be stabilized within three days.
B.
Excavation of clay, sand, gravel or rock in connection with construction.
The excavation of clay, sand, gravel, rock, and other minerals that
occur in the normal course of construction, shall be permitted under
the following situations:
A.
Electrical, gas, streetlight supply, cable television, fiber optic,
and telephone distribution lines primarily intended for the use of
buildings and structures located within the Township shall be installed
underground when in accordance with new construction and any major
renovation or rehabilitation.
B.
When existing electric and telephone lines are underground, cable
television and fiber optic lines must be underground. If either existing
telephone or electric are aerial, cable television and fiber optic
lines may be aerial.
C.
Cable switching enclosures, pad-mounted transformers and service
pedestals may be installed above ground and may be installed as part
of the streetlighting standards where recommended by the Planning
Commission and approved by the Board of Supervisors.
Sewage and water facilities shall be in accordance with the Township's Act 537 Plan and Chapter 138, Subdivision and Land Development, and any applicable state and county regulations.
A.
A zoning permit shall be required for the erection, alteration or
substantial replacement (more than 25%) of a fence or retaining wall.
Applications shall be filed in triplicate and on forms furnished by
the Township and shall be accompanied by detailed plans, drawings,
specifications and such other information deemed necessary by the
Zoning Officer to determine the location and details of construction
of such fence or retaining wall. No change in those plans shall be
made without notification to and approval by the Zoning Officer. If
the Zoning Officer is aware of a property line dispute, he or she
may require a survey by a licensed professional land surveyor as part
of the application. A survey is required if the fence is proposed
within five feet of the property line.
B.
Fences or walls that are in conformance with all of the provisions
of this and any other applicable ordinances may be permitted within
required setbacks but shall be set back a minimum of one foot from
the property line.
C.
Unless otherwise required by this chapter, no fence or wall, except a retaining wall or a permitted structural wall, shall be erected within any of required yard setback, unless that portion of the fence or wall which exceeds six feet in height has a ratio of open area to solid area of at least four to one. In no case shall a fence or wall exceed eight feet in height, except in the case of a junkyard or salvage yard where the regulations set forth in § 162-2028 shall apply, and in the case of a communications tower or other antennas provided for in § 162-2014, where the maximum height of a fence shall not exceed 10 feet in height.
D.
Front yard fences.
(1)
No fence over four feet in height shall be erected in the front
yard area of any residential lot, tract, or parcel of land, unless
it is a vegetative fence/hedge consisting of trees and shrubs, excepting
those parcels over three acres or with a principal agricultural use.
(2)
The use of metal or vinyl-coated chain-link fencing is prohibited
in front yards.
E.
All fences shall be maintained and kept safe and in a state of good
repair.
F.
No fence or wall shall be erected or maintained within a street right-of-way or shall obstruct required sight distance vision at street intersections, public streets, private roads, or driveways, in accordance with the standards for a clear sight triangle in § 162-1907 and Chapter 138, Subdivision and Land Development. No hedge, tree, shrub, or other vegetative growth shall obstruct required sight distance vision at street intersections, public streets, private roads, or driveways, in accordance with the standards for a clear sight triangle in § 162-1907 and Chapter 138, Subdivision and Land Development.
G.
Fences or walls shall not be located in drainage easements or drainage
swales that are part of an approved stormwater management plan in
accordance with Township stormwater management regulations.
H.
Fences or walls shall not be located in any natural drainage channels
nor impede the natural flow of water.
I.
No fences shall be permitted that may result in bodily injury, including,
but not limited to, high voltage or barbed-wire fencing.
For the purpose of protecting human and animal health, preventing
erosion-prone land use conditions, and preventing the contamination
of ground and surface waters, the following provisions shall apply
to the keeping of horses, cows, sheep, swine, goats, llamas, dogs,
cats, fowl, poultry, rabbits, and other animals of similar size, character,
and impact. Customary household pets (such as dogs, cats, and other
small animals customarily kept in the dwelling) shall be exempt from
the acreage requirements of this section (Subsection A) but shall
comply with Subsection B, general standards for keeping of animals.
A.
Permitted number of animals. A minimum lot size of three acres shall
be required for the keeping of one large animal, including but not
limited to a horse, cow, beef cattle, llama, or other animal of similar
size regulated by this section. A minimum lot size of two acres shall
be required to keep one small animal, including but not limited to:
swine, sheep, emu, or other animal of similar size. A minimum lot
size of 0.25 acre shall be required to keep poultry. For each additional
animal, additional acreage must be available in accordance with Table
19-6. Animals not addressed shall be judged according to the requirements
for animals of a similar size, as determined by the Zoning Officer.
|
Table 19-6
Additional Acreage Requirements Per Additional Animal*
| |
|---|---|
|
Animal
|
Acreage
|
|
Horse
|
1.5
|
|
Cow
|
1.5
|
|
Beef cattle
|
1.5
|
|
Swine
|
0.50
|
|
Sheep
|
0.50
|
|
Poultry
|
0.02
|
|
*
|
Beyond the initial acreage requirement, as applicable.
|
B.
General standards for keeping of animals.
(1)
No animals of any kind shall be kept in any structure or enclosure
or elsewhere on a property which will result in a nuisance, health
or safety issue, or unsanitary conditions for humans or animals. All
animals shall have appropriate and adequate facilities for food and
water.
(2)
Permanent shelter shall be provided for all animals not kept
in the residence as domestic pets. Horses, cattle, sheep, and goats
shall have loafing sheds, covered feeding areas, or other appropriate
facilities. Stables or shelters for animals such as horses, cattle,
sheep, llamas, swine, sheep, or emus shall be located at least 100
feet from any property line.
(a)
A permanent building shelter placed or constructed on a property
shall be designed to serve the number of animals kept in accordance
with this section.
(b)
Shelters shall have a roof and at least three enclosed sides
and shall be designed in accordance with the impervious coverage requirements
of the associated district.
[Amended 4-20-2016 by Ord. No. 2016-04-20-1]
(c)
Shelters shall be designed for ease of manure removal and handling.
(3)
No person owning or having in his/her custody livestock or poultry
shall permit the same to go at large to the injury or annoyance of
others, nor shall such livestock or poultry be permitted upon the
streets or other public ways or the Township. Such action is hereby
declared to be a nuisance and dangerous to the public health and safety.
(4)
A fenced or otherwise enclosed outside area shall be provided
which is capable of containing the animals kept and is of sufficient
size and properly located for good sanitary practices. Materials used
for fencing shall be of sufficient sturdiness and properly designed,
installed and maintained so as to prevent animals from straying off
the property.
(5)
Uncovered manure storage shall be located at least 100 feet
from any lot line, Flood Hazard District boundary, stream, wetland,
or other body of water. No manure may be stored within a swale or
drainageway, nor located so as to drain onto adjacent land.
(6)
Keeping of animals shall not result in pollution of groundwater
or surface water, or runoff of pollutants onto adjacent property.
(7)
Any legally existing nonconforming building used for the keeping
of animals that does not conform to setbacks may continue to be used
but may not be expanded so as to increase the nonconformity. A legally
existing nonconforming building or structure which is not legally
used for the keeping of animals on the effective date of this chapter
may not be used for the keeping of animals.
An as-built survey is required upon completion (prior to issuance
of certificate of occupancy or use) for any of the following activities:
