The regulations set forth by this article shall be minimum regulations
and shall apply uniformly to each class of land use or kind of structure,
except as otherwise provided herein.
All exterior lighting shall be arranged and shielded to prevent
objectionable illumination or glare upon adjoining properties and/or
public rights-of-way and in accordance with the Straban Township Subdivision
and Land Development Ordinance.
No principal building or accessory building or structure shall
be erected, structurally altered or relocated on land which is not
adequately drained at all times. In addition, all work shall conform
to Ordinance No. 2005-05, Monocacy River Stormwater Management Ordinance,
adopted December 5, 2005.
No land or building in any district shall be used or occupied
in such a manner so as to create any dangerous or objectionable elements
in such amount as to adversely affect the surrounding area or premises.
All uses of land or building shall initially and continuously comply
with all applicable performance standards established by federal and
state agencies.
In the R-R, R-1 and MU-2 Districts, horses may be kept for personal
recreation use in accordance with the following requirements:
A. The minimum lot area for the keeping of horses for personal recreation,
noncommercial use shall be five acres.
B. One horse shall be allowed for the first five acres, and one additional
horse shall be allowed for every acre over five acres.
C. The horses shall be kept for the personal recreation use of the property
owner or occupant of the residence on the parcel.
All uses shall be subject to and comply with the following regulations,
or as amended, where applicable:
A. Noise pollution and vibration: rules and regulations of the Pennsylvania
Department of Environmental Protection.
B. Air pollution: Airborne Emissions and Odor, rules and regulations
of the Pennsylvania Department of Environmental Protection.
C. Water pollution: the Clean Streams Law, June 22, 1937, P.L. 1987,
35 P.S. 691, or as amended.
D. Mine reclamation and open pit setback: Pennsylvania Act 147, the
Surface Mining Conservation and Reclamation Act of 1971, or as amended.
E. Glare and heat: rules and regulations of the Pennsylvania Department
of Environmental Protection.
F. Subdivision and land developments shall be reviewed in accordance
with the requirements of the Straban Township Subdivision and Land
Development Ordinance.
G. Act 101: the Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. No. 101 (Act 101), as amended.
H. Act 537: the Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. 1535, No. 537 (as amended).
I. No use or operation shall be permitted that creates a public nuisance,
or creates a hazard to adjoining properties.
J. Outdoor lighting. Where light fixtures are installed to provide exterior
illumination, excluding overhead streetlighting and warning, emergency
or traffic signals, the following restrictions shall apply. These
standards will only apply to nonresidential and multifamily uses abutting
residential uses.
(1) All outdoor lighting, whether or not required by this chapter, shall
have intensities and uniformity ratios in accordance with the current
recommended practices of the Illumination Engineering Society of North
America (IESNA) as contained in the IESNA Lighting Handbook.
(2) All future amendments to the recommended practices of the IESNA shall
be made a part of the chapter without further action by the Board
of Supervisors.
(3) Streetlighting fixtures, when required for safety considerations,
may be controlled by photocells for dusk-to-dawn operations.
(4) The lighting from any luminary shall be shaded, shielded or directed
to prevent direct light from being distributed beyond an angle of
35° from a vertical plane onto adjacent properties and/or surrounding
areas. Unshielded lighting is not permitted, except for temporary
holiday lighting.
(5) Lighting shall be designed so that glare, reflection and/or direct
illumination does not exceed one footcandle beyond the property line
on which the lighting originates.
(6) Externally illuminated signs shall be lighted by fixtures mounted
on top of the sign and aimed down, rather than by fixtures mounted
at the bottom of the sign and aimed up. Sign lighting shall be equipped
with timers and extinguished between the hours of 11:00 p.m. and dawn.
(7) Such lighting on private, residential, commercial, industrial, municipal,
recreational or institutional property shall be aimed, located, designed,
fitted and maintained so as not to present a hazard to drivers or
pedestrians by impairing their ability to safely traverse (disabling
glare).
(8) Pole-mounted lamps shall be placed directly above the area to be
illuminated and shielded at the top and sides, or positioned near
the perimeter of a property and aimed toward the area requiring illumination,
subject to applicable yard setback provisions. Lighting shall be reduced
75% during the off hours of operation for commercial or industrial
uses.
(9) Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of mounting height, wattage,
aiming angle, fixture placement, etc.
(10)
The installation or erection of any lighting which may be confused
with warning signals, emergency signals or traffic signals shall not
be permitted.
(11)
Maintenance. Lighting fixtures shall be maintained so as to
always meet the requirements of this chapter.
(12)
Nonconforming lighting. Any lighting fixture existing on the
effective date of this chapter which does not conform with the requirements
of this chapter shall be considered a lawful, nonconforming lighting
fixture.
No special event shall be conducted in the Township unless a
permit for each such event shall have been issued pursuant to this
section.
A. Application for permit.
(1) Written application. A written application for a special event permit
shall be submitted for each special event intended to be held. The
application shall be submitted on a form provided by the Township,
if such a form has been adopted by the Township or its Zoning Officer.
(2) Time of application. An application for a special event permit shall
be submitted to the Township no later than 75 days prior to the beginning
of the special event.
(3) Contents of the application. The application, or attachments to it,
shall contain the following information:
(a)
The name and address of each and every person involved in the
sponsoring and producing of the special event.
(b)
The name and address of each and every legal title owner of
the land on which the special event or its auxiliary functions (such
as parking or food service or medical facilities, etc.) are to be
located, and the name and address of each and every tenant or equitable
estate owner for such parcels.
(c)
The description of the land on which the special event and its
auxiliary functions will be located. In lieu of the metes and bounds
description, a copy of the deed or deeds to the land or the Adams
County Tax Map parcel identifying number(s) may be provided.
(d)
A copy of a site map showing all public roads within a one-mile
radius of the site of the proposed special event and auxiliary functions.
A copy of the Adams County Tax Map(s) showing the required area may
be provided in fulfillment of this subsection.
(e)
A narrative statement of all the activities that are proposed
to occur as part of the special event, including a schedule of when
the events are proposed to occur and information about any fluctuation
in the number of participants that might occur because of any particular
event or events.
(f)
A statement of the number of participants that are expected.
In the event that the Zoning Officer or the Board of Supervisors determines
that this statement is not reasonable, said Officer or Board may amend
the application to state a reasonable estimate of participants and
make the decision on the application based upon that amended estimate.
(g)
A statement showing how the need for sanitation, refuse collection
and removal, toilet facilities, traffic control, parking allocation
and control, medical services, emergency services (fire and medical),
crowd control, safety and security, water supply, and transportation
will be met. Such a statement shall include the identities of proposed
providers of such services and proof that the providers will be able
to deliver the services if the permit is granted.
(h)
A list of any and all permits required from any other governmental
or regulatory entity, and the expected date on which such permits
will have been obtained.
(i)
Proof of general liability insurance naming the Township as
a covered insured in an amount no less than $5,000,000.
(j)
Submission of a statement of liability, as approved by the Township
Solicitor, from every applicant, obligating the applicant to pay for
any and all damages caused to third persons or property resulting
from the special event to the extent that such loss is not covered
or is not paid by liability insurance. In connection herewith, the
Township may request and require as a condition of approval of the
application that the applicant(s) provide the Township with a financial
statement assuring that the applicants have sufficient assets to support
the statement.
(k)
Proof that a copy of the completed and signed application form, together with any maps or site plans submitted in accordance with Subsection
A(3)(c) and
A(3)(d) above, has been delivered to each and every property owner abutting the land on which the proposed special event and its auxiliary functions are to be held.
(4) Supplemental or additional information. The Zoning Officer and the
Zoning Hearing Board may request such supplemental or additional information
that he or it deems warranted by the nature of the special event proposed.
Such information, if requested, shall be provided prior to the Township
making a decision on the application. The time for making a decision
on an application shall be tolled pending receipt of the supplemental
or additional information requested.
B. Application fee. A fee for the filing of the application shall be
paid at the time of filing of the application. The fee shall be in
an amount as determined from time to time by resolution of the Board
of Supervisors.
C. Review and hearing.
(1) Burden of proof. The burden is on the applicant(s) to prove that
all of the requirements of this section and all other applicable laws
and regulations have been or will be complied with at the time the
special event occurs.
(2) Review. The Zoning Hearing Board shall, upon the receipt of a complete
application, review the application and any other submissions to assure
that the safety, health and welfare of the participants of the special
event, and of the public in general, shall be preserved and protected.
(3) Hearings. The Zoning Hearing Board shall hold hearings on applications
for special event permits in the same manner as prescribed for other
special exception applications.
D. Decision. If the Zoning Hearing Board is satisfied that the special
event will be conducted in accordance with the criteria stated in
this section and will not pose a threat to the safety, health and
welfare of the participants or to the general public, it shall issue
a special event permit. If the Zoning Hearing Board is not satisfied
that the special event will be conducted in accordance with the criteria
stated in this section and/or that it may pose a threat to the safety,
health and welfare of the participants or to the general public, then
the special event permit shall be denied.
E. Requirements. The following criteria shall be met by all applicants
for a special event permit:
(1) All special events (including any associated activity, such as parking,
food service, trash cans, toilets, etc.) shall be set back at least
100 feet from the property line of any abutting use.
(2) All special events shall have direct access to the site from a public
collector or arterial street. The entranceway to the site and to any
auxiliary function sites shall be at least 20 feet in width and have
an unobstructed clear sight triangle of 100 feet.
(3) All access drives and internal roadways shall be maintained in a
mud-free condition so that no dirt or debris of any kind shall be
tracked or otherwise deposited on public roads.
(4) No increased stormwater runoff from the site which is a result of
the special event shall be permitted.
(5) Parking shall be provided at an amount of one space for every two
people reasonably expected to attend the special event at any one
time, unless the applicant can prove to the satisfaction of the Township
that mass transportation will enable a reduction in the number of
spaces required. Parking lot layouts shall meet the requirements of
the Straban Township Subdivision and Land Development Ordinance, with the exception that such lots need to be paved or
landscaped. No parking shall be permitted in public road rights-of-way,
and the applicant shall have the duty to take such actions as are
necessary to assure that no violation of this subsection occurs.
(6) The site plan layout of the special event shall be approved by the
Township and the County of Adams Emergency Management Coordinator
and the chief of the fire department that is the first due responder
for the site.
(7) No open burning of any nature shall be allowed, except for campfires
in planned camping areas, which areas and proposed campfires have
been reviewed and approved by the Adams County Fire Marshal. Any conditions
imposed by the Fire Marshal (such as a prohibition during certain
winds) shall be deemed to be a part of the special event permit, even
though not expressly stated therein.
(8) No site in the Township shall be the location of more than two special
events in any calendar year unless the applicant can prove that the
site is demonstrably better suited than any other permitted location
and repeated conducting of such events would in no way be deleterious
to the surrounding property owners and the surrounding area.
(9) No special event shall occur over more than five days, whether consecutive
or nonconsecutive.
(10)
The Township, the County of Adams, and any and all representatives
of commonwealth agencies having jurisdiction over any part of the
special event shall have access to the site at any time, without prior
notice, for the purpose of inspection and compliance assurance.
(11)
No firearms shall be discharged before 8:00 a.m., prevailing
time, nor after sunset. No pyrotechnics, public address systems, amplified
sound, or other significant noise-producing activity shall occur within
500 feet of any school, church, dwelling unit or place of human habitation,
nor shall such occur between the hours of 11:00 p.m. and 8:00 a.m.,
prevailing time (except for emergency announcements).
(12)
The Township, the County of Adams and/or the Commonwealth of
Pennsylvania shall have the power and authority to close the special
event to further attendance where the number of participants reasonably
appears to exceed that expected and causes the accommodations provided
to be reasonably determined to be or to become inadequate. The applicant
shall keep a count of the number of participants attending the special
event at all times and shall produce that count to the Township, County
of Adams or Commonwealth of Pennsylvania representatives upon request.
(13)
The Township may add such additional requirements, either at
the time the permit is granted or during the course of the special
event, as the particular event may require, to preserve the safety,
health and welfare of the participants and the general public.
F. Other law. Nothing in this section shall in any way be deemed to
repeal or suspend the application of any other ordinance, regulation,
rule, statute or other law, including, but not limited to, the amusement/admissions
tax, sewage facility law, wetlands regulations and traffic laws.
G. Special exception uses. A special event is a special exception use
in every zoning district within the Township.