[Ord. No. 5/7/1975, 5/7/1975]
Temporary roadside stands may be erected for the sale of garden products and garden commodities produced on the same property where offered for sale, provided that no building or structure other than a portable stand shall be constructed for such sale, such stand shall be removed during seasons when such products are not being offered for sale, and in no case shall they remain longer than for a period of six months of any one year; and such stand shall not be placed closer than 25 feet to any lot line.
[Ord. No. 5/7/1975, 5/7/1975]
1. 
Industrial and natural resource uses shall be subject to the following regulations, 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. Pennsylvania Act 394, P.L. 1987, the Clean Streams Act, as amended.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
D. 
Mine Reclamation and Open Pit Setback. Pennsylvania Act 147, the Surface Mining Conservation and Reclamation Act, amended 1971.[2]
[2]
Editor's Note: See 52 P.S. § 1396.1 et seq.
E. 
Glare and Heat. "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
F. 
No use or operation shall be permitted which creates a public nuisance or hazard to adjoining property by reason of fire, explosion, radiation or other similar cause.
G. 
Outside Industrial Storage. No outside industrial storage, including junkyards, shall be located on land with a slope in excess of 5% or within 100 feet of a public right-of-way.
[Ord. No. 5/7/1975, 5/7/1975]
1. 
Height regulations shall not apply to spires, belfries, cupolas, or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, radio and television antennas, silos, and ornamental or necessary mechanical appurtenances. Any structure designed to have a height of 150 feet or more above ground level must be approved by the Federal Aviation Agency, and a written statement of approval must accompany the permit application.
2. 
No dwelling shall be less than one story in height, except during a reasonable period of construction not to exceed 24 months from the date of issuance of the zoning permit. This time period may be extended by the Zoning Hearing Board.
[Ord. No. 5/7/1975, 5/7/1975]
Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season ground cover and shall be landscaped with small trees and shrubs in accordance with an overall landscape plan. To facilitate the processing of plot plans, a plant schedule should be prepared giving the botanical and common names of the plants to be used, the sizes to be planted, and the quantity and spacing of each.
[Ord. No. 5/7/1975, 5/7/1975]
1. 
All outdoor storage, parking and/or loading areas of industrial and commercial uses shall be screened from view from any residential or commercial development or public right-of-way by a landscape screen or other visual barrier with plantings. The screening shall be placed immediately surrounding the area between any industrial parcel and a contiguous residential or commercial zoning district and/or a public right-of-way.
2. 
The landscape screen shall be composed of evergreen plants and trees arranged to form both a low level and a high level screen. The high level screen shall consist of evergreen trees planted at an initial height of not less than four feet, with specimens no younger than three years in age, and plated at intervals of not more than 10 feet. The low level screen shall consist of two rows of evergreen shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low level screen plantings shall be placed in an alternating or staggered pattern to produce a more effective visual barrier.
3. 
An alternative visual barrier shall be a six-foot-high opaque fence or wall with plantings of trees, shrubs, and/or vines along the surface of the barrier facing any residential or commercial district or public right-of-way.
4. 
All outdoor industrial use operations, mechanical equipment and other functional accessories of each building, such as elevator, penthouse, ventilation pipes and ducts, water pressure tanks, heating, air conditioning and power supply units, shall have an architectural building material screen or covering which is an integral part of the building envelope and/or which is harmonious with the building design.
[Ord. No. 5/7/1975, 5/7/1975]
1. 
Private Swimming Pools. Private swimming pools, in districts where permitted, shall comply with the following conditions and requirements:
A. 
The pool is intended and is to be used solely for the enjoyment of the occupants of a principal use of the property on which it is located.
B. 
It may be located only in the rear yard or side yard of the property on which it is an accessory use.
C. 
It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 20 feet to any property line of the property on which located.
D. 
The swimming pool area or the entire property on which it is located shall be so walled or fenced or otherwise protected as to prevent uncontrolled access by children from the street or from adjacent properties. Said barrier shall not be less than four feet in height and maintained in good condition.
2. 
Public Swimming Pools. Public swimming pools in districts where permitted shall comply with the conditions set forth in:
A. 
"Public Bathing Law," 1931, June 23, P.L. 899, and amendments thereto.[1]
[1]
Editor's Note: See 35 P.S. § 672 et seq.
B. 
Chapter 4, Article 442, Rules and Regulations, Commonwealth of Pennsylvania, Department of Environmental Protection, adopted October 30, 1959, and amendments thereto.
[Ord. No. 5/7/1975, 5/7/1975]
1. 
A site plan shall be submitted with the application, and any building permit issued shall be in accordance with the approved site plan. A drive-in theatre shall be subject to the following regulations:
A. 
The minimum lot area shall be 15 acres.
B. 
The screen shall be situated so that its face is not visible from any public right-of-way.
C. 
No structure excepting an enclosure fence shall be located within 100 feet of any lot line; provided, however, that the screen shall be located not less than 150 feet from any lot line.
D. 
The site shall be enclosed by a protective screening or planting strip consisting of suitable evergreen plant material. Such planting strip shall be maintained at a minimum height of seven feet and shall be set back at least 30 feet from right-of-way line and 10 feet from other lot lines.
E. 
Sufficient car storage areas, deceleration lanes, sight distance and lighting shall be provided for the safe and expedient handling of traffic; provided, however, that storage areas shall provide storage space for at least 25% of theater capacity.
F. 
A playground and snack shop will be permitted as an accessory use.
[Ord. No. 5/7/1975, 5/7/1975]
1. 
The following projections into yards and courts shall be permitted:
A. 
Cornices, eaves, belt courses, sills or other similar architectural features, exterior stairway, fire escape or other required means of egress, rain leader or chimney may extend or project into a required yard not more than two feet.
B. 
No patio or paved terrace shall be located within five feet of any property line or between building setback line and the right-of-way line.
[Ord. No. 5/7/1975, 5/7/1975]
1. 
In any use district when 50% or more of the block frontage containing a lot upon which a proposed building is to be located is already improved with buildings having front yards of less depth than that required for that particular use district, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage; provided, however, that in no case shall such front yard have a depth less than 25 feet.
2. 
In any use district when 50% or more of the block frontage containing a lot upon which a proposed building is to be located is already improved with buildings that have observed a front yard greater in depth than that required for the particular use district, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings; provided, however, that in no case shall the depth of such front yard be required to exceed such minimum depth by more than 15 feet.
[Ord. No. 5/7/1975, 5/7/1975]
On a corner lot no fence, structure or planting higher than two feet above the curb or street line shall be erected or within 25 feet of the intersection of the street lot lines.
[Ord. No. 5/7/1975, 5/7/1975; as amended at time of adoption of Code (see Ch. AO)]
Except as provided in § 27-1006, fences, walls and hedges may be located in required yards, providing that in residential districts they do not exceed four feet in height. Fences and hedges must be 10 feet off the property line.
[Ord. No. 5/7/1975, 5/7/1975]
1. 
All junkyards existing at the effective date of this chapter, within one-year thereafter, and all junkyards, where permitted, shall comply with the following provisions:
A. 
Any junkyard shall be completely enclosed with a visual screen of evergreen or evergreen-type hedge or tree-row of a variety and size at the time of planting that such will attain a height of eight feet within three years thereafter and maintained in a sound and attractive manner.
B. 
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height of more than eight feet.
C. 
Open burning of material is permissible subject to the Title 25 Pennsylvania Code, Rules and Regulations of the Department of Environmental Protection, § 129.14. All burning shall be attended and controlled at all times.
D. 
Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, or other vectors.
E. 
No junk material, appurtenant structures, or other enclosure shall be stored or placed within 50 feet of any adjoining property or public right-of-way and such setback area shall be kept free of weeds and scrub growth.
2. 
Any junkyard established as a special exception after the effective date of this chapter shall comply with the following provisions:
A. 
No junk material, appurtenant structures, or other enclosure shall be stored or placed within 50 feet of any adjoining property or public right-of-way, and setback area shall be kept free of weeds and scrub growth unless the adjoining property is wooded.
B. 
The minimum junkyard size shall be 20 acres.
C. 
Junkyards shall be located a minimum of 1,000 feet from a residential district.
[Ord. No. 5/7/1975, 5/7/1975]
1. 
An enclosure of compatible design and materials shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
2. 
Foundation Requirements. The area of the mobile stand shall be improved to provide an adequate foundation for the placement of the mobile home, thereby securing the super-structure against uplift, sliding, or rotation.
A. 
The mobile home stand shall not heave, shift, or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting on the super-structure.
B. 
The mobile home stand shall be provided with anchors and tie-downs such as cast-in-place concrete, "dead-men" eyelets imbedded in arrowhead anchors, or other devices securing the stability of the mobile home.
C. 
Anchors and tie-downs shall be placed at least at each corner of the mobile home stand and each shall be able to sustain a minimum tensile strength of 2,080 pounds.
[Added by Ord. No. 1999-2, 6/7/1999]
1. 
Definitions.
COMMUNICATIONS FACILITY
Any communications antenna or communications tower, as defined herein, which is operated by any agency or corporation, including a public utility regulated by the Public Utility Commission (PUC) or any police, fire, emergency medical or emergency management agency, but not including satellite dish antennas, defined as parabolic dishes designed for "receive-only" viewing of satellite programs for private viewing, or radio and TV antennas, defined as freestanding or building-mounted antennas located on residential property designed to enhance radio or television reception for the residents of the dwelling.
COMMUNICATIONS ANTENNAS
Any structure designed for transmitting or receiving radio, television or telephone communications, including omnidirectional or whip antennas, directional or panel antennas and microwave dish antennas, which may be mounted on an existing building or on a communications tower, and including the accessory equipment, buildings and cabinets necessary to operate the antenna.
COMMUNICATIONS TOWER
Any structure, whether freestanding or attached to a building, designed to support multiple communications antennas, including monopole, self-supporting and guided towers, and one or more of the following mounts for antennas: rotatable platform, fixed platform, multi-point, side arm and pipe mounts for microwave dishes.
2. 
communications facilities Allowed as Special Exception Uses. communications facilities shall be allowed as special exception uses in all zoning districts, provided all communication towers shall:
A. 
Be of monopole construction unless applicant can demonstrate that another design is necessary to meet the technical requirements of the facility.
B. 
Be the minimum height necessary to meet its needs and applicant shall demonstrate that the requested height is the minimum height necessary to meet its needs.
C. 
Be permitted only after applicant has contacted the owners of all structures of similar height and within 1/2 mile of the proposed facility, has made a good faith request for permission to place the proposed communications facility on an existing tower, water tower, farm silo or other similar height structure in exchange for rent or some other consideration and has been refused or such similar height structures do not have adequate space, access or height to accommodate the proposed equipment.
D. 
Be permitted only after applicant has demonstrated, using technological evidence, that the antenna must go where it is proposed, in order to satisfy its function in the company's grid system.
E. 
Be permitted only after applicant has agreed to secure the property boundary or at a minimum the tower base, including any support structures and guide wires, accessory equipment, buildings and cabinets, with a chain link fence with a barbed wire top sitting at least eight feet in height. Additionally, all communications facilities shall have means of locked access to prevent unauthorized climbing of the tower.
F. 
Be set back a horizontal distance the greater of 75 feet or twice its height from any property line. Said antenna height shall be the vertical distance measured from the base of the antenna's support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average height between the highest and lowest grades shall be used in calculating the antenna's height.
G. 
Be landscaped around all fences to screen them from public view and adjacent properties, which screen shall be either a hedge or a row of evergreen trees. The screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
H. 
Have lighting, other than that required by the Federal Aviation Administration (FAA), which is shielded and reflected away from adjoining properties.
I. 
Be permitted only after applicant has submitted evidence that the tower, or any antenna's addition to an existing tower or structure, and its method of installation has been designed by a civil or structural engineer registered in the Commonwealth of Pennsylvania and is certified by that engineer to be structurally sound and able to withstand high winds, other loads and that the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris.
J. 
Be permitted only after applicant has provided the Township Supervisors with a statement that the emission of radio waves emanating from the tower will neither cause harm to an individual by its operation nor cause measurable radio interference to the reception or operation of radios or TV reception, car or cellular or portable phones, heart pacemakers, garage door openers, other remote controls, and other radio-dependent devices in general use within the Township and is in compliance with all FCC regulations.
K. 
Cease operations immediately if measurable radio interference does result from the installation and use of the communications tower until the problem is corrected, or if the problem is not correctable, to abandon operation entirely and dismantle the tower.
L. 
Be permitted only if the owner of any communications tower routinely submits proof to the Township Supervisors of an annual inspection and tower maintenance program. Any structural faults thus noted shall be immediately corrected by the owner.
M. 
Be permitted only if the height of the proposed tower is sufficient to permit its joint use by other communications facilities, and the owner shall make such joint use available to other users.
N. 
Be permitted only if all towers/antennas meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring said towers and antennas up to those standards and regulations within three months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state, county or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
O. 
Be permitted only after applicant has provided the proposed total number of towers or antennas, if more than one, and the additional tower or antenna locations in the Township on an updated site plan or map. The applicant shall identify the type of construction of the existing tower(s) or antenna(s) and the owner or operator of the existing tower(s), if known.
P. 
Be permitted only upon proof provided that the proposed communications facility complies with safety standards and electromagnetic field limits established by the Federal Communications Commission (FCC). In the event that more stringent standards are imposed by the FCC at a later date, those standards shall apply.
Q. 
Be permitted only upon proof provided that the communications facility has been reviewed, and has not been determined to be a hazard, by the Federal Aviation Administration (FAA). The communications tower shall meet all FAA regulations.
R. 
Be permitted, provided in January of each year the owner of a communications tower shall submit written verification to the Township Supervisors that there have been no changes in the operating characteristics of the communications tower as stated at time of approval of the use by special exception use, including at a minimum:
(1) 
Copy of the current FCC license.
(2) 
Name, address and emergency telephone number for the operator of the communications tower.
(3) 
Copy of certificate of insurance providing evidence of liability coverage at a level of coverage acceptable to the Township Supervisors with Walker Township added as a named insured on the policy.
S. 
Be permitted, provided all special exception uses approved will automatically lapse if the communications facility is not used for six continuous months. The communications tower owner shall notify the Township Supervisors immediately upon cessation or abandonment of the operation. In such cases the communications tower owner has 60 days in which to dismantle and remove all structures from the property with all costs of removal to be borne by the owner. At the time of issuance of the permit for the construction of the communications tower, the owner shall provide financial security in form and amount acceptable to the Township Supervisors to secure the expense of dismantling and removing said structures.
T. 
Be permitted, provided, in addition to the above standards, all other standards applicable to the zoning district shall apply to the tower and any associated support facilities or structures. All applicable plans shall be submitted for land development review and approval for any application for a communications tower.