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.
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.
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) 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.
(e)
Temporary activities involving construction and demolition activities.
(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.
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.
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.
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.
(8)
Operation of kennels is permitted in accordance with §
162-2044.
An as-built survey is required upon completion (prior to issuance
of certificate of occupancy or use) for any of the following activities:
A. New
residential or commercial structure construction.
B. Additions
to existing residential or commercial structures.
C. In-ground
pool construction after all landscaping is complete.
D. Fences
when located within five feet of the property line.